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Agenda 01/06/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 6, t998 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAX ON A~Y AGENDA ITEM MUST REGISTER PR/OR TO SP~G, REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER 'PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDE~ THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (S) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABk~: IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. INVOCATION - Rev. Fred Thorn - Golden Gnte United Methodist Churcb 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES A. December 2, 1997 - Regular meeting. B. December 2, 1997 - Land Development Code meeting. C. December 9, 1997 - Regular meeting. D. December 16, 1997 - Regular meeting. F.. December 17, 1997 - LDC meeting. F. December 22, 1997 - Emergency meeting. o PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation acknowledging the "Do the Right Thing" Program of the Collier County Sheriff's Ofl'ice. To be accepted by Sheriff Don Hunter. 2) Proclamation proclaiming the week of January I1 - 17,1998 ti County Fair Week. To be accepted by Terry Wolfson, President of Collier County Fair Board. B, SERVICE AWARDS I) Larry Henry - Road and Bridge Department = 20 years 2) Susan Rossi - Utility Regulation Department - I0 years 3) William Craig - Water Department - I0 years 4) Judith Pulg - Code Enforcement - 10 years Marilyn Vanatta - Library - 10 )'ears George Richmond - OCPM - S years 7)Brent Smith - Water Department - S years C. PRESENTATIONS 1) Recommendation to recognize Bryan Thurston, Craftsman with Facilities Management, as Employee of the Month for January, 199K D. SELECTION OF NEW CHAIRMAN AND VICE CHAIRMAN. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENC~ PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Community De~Tlopment and Efl~tronmental Services Dlvlslon staff requesting appro~'ai to serve as agent in applying for an amendment to the Ford Motor Company vehicle evaluation center planned unlt development, PUBLIC WORKS I) Adopt two Resolutions related to applying for a Highway Bexutlflcatlon Grant from the Florida Department of Transportation for a portion of Davis Boulevard, l'ro]ect No. 60013, 2) Renklng of' elternative hndfill sites pursutnt to the find report from the Landfill Citizens Advisor/Commlffee. C. PUBLIC SERVICES D. SUPPORT SERVICES F,, COUNTY ADMINISTRATOR AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Update on weed abatement liens on property owaed by Jame~ Lorenzo Walker and an~y~b of options regarding this proper~y tad other properlle~ ~Imllfirfy sltufited. Proposed settlement in the Federal Conr~ c~e of Wadsworth v. Collier County and the City of Nlple~, et aL. C~e No. 9S-Sg-ClV-FTM.23D. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member~ to the Ochopee Fire Control DIStrict Ad~ory Committee. 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ADVERTISED PUBLIC HEARINGS - BCC A.COMPREHENSIVE PLAN AMENDMENTS ZONI2qG AMENDMENTS C.OTHER 1) Recommendation to consider the fidoptlou of'an Ordinance prohlblfing the conYer31on of refidwty swtles to culv~m In the public ri~htf-d'.mty within the fireft of' NapJff Pfirk unless fi permit is obtsrned tad providing for the type of' materials ftcceptable for use. 13. BOARD OF ZONEqG APPEALS A. ADVERTISED PUBLIC HEARI]qGS IL OTHER 14. STAFF'S COMMUNICATIONS IS. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CONSENT AGENDA. All matter~ listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. Xf discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and cousidered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I) Approval of the final plat of"Pellcan Strand Replat-4". 2) Approval for recording the final plat of"Quail West Unit One, Replat Block C, Second Addition" and approval of the vacation of the previous plat, Quail West Unit One, Replat C, First Addition, Petition AV-97.02S. Approval of the nnal plat of"Bougnln Village". Request to return Bond ~00FL,20S4 to The Deltona Corporation for work associated with "Marco Beach Unit 24% Assignment Agreements for easements for Fiddler's Creek, Phase l-B, Units One and Two, 3) 4) Approval for recording the final plat of "Creekslde Commerce Park West - Unit One". Approve nn amended Resolution regarding the Saddlebrook Village PUD to account for conditions pertinent to nn approved affordable housing agreement and new sunset date. g) Approval or Ezcnvatlon Permit No. S9.451 (modification) Sapphire Lakes stockpile removal located in See. 33, T49S, R26E, bounded on the north by interstate 75, on the east by Sherwood Park PUD, on the south by Twelve Lake PUD and on the west by Berkshire Lakes PUD. PUBLIC WORKS 1) Approve Budget Amendment for purchase ofvehlcle from Public WorSts Utility Reser~.e Fund (408), 2) 3) Approve an Agreement bet~veen the Board of County Commissioners and a Landowner's Group for improvements to the Pine Ridge Road/l-TS are& This Item has been deleted, 4) Appro~e staff selection and award Agreements for Professional Strumral Engineering Services - RFP 97-2728. Approx,e Budget Amendment for P. Jght-of-Way Acquisition Activities for County Blrn Road Four Laning Improvements, ~ No. 033. Award Contract to Righpoint General Contracting to construct picnic pavilions and pumphouse building for Sugden Park, (Bid 97-2T'/S7) (Project #80081). 4 Approve the Lease Agreement with Big Cypress Elementary School for the use of their caf'eter~a. C.. PUBLIC SERVICES D. SUPPORT SERVICES I) To obtain Board examination and approval of the sufficiency of bonds of County Officers. 2) Approyll to award Bid #97-27~1 for moving serYiceL COUNTY ADMINISTRATOR 1) Appropriate funding for the State Attorney's Telephone for Fiscal Year 1997. 2) Budget Amendment Report. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Sntist'action of £1~n: NEED MOTION authorizing the Chairman to si~n Satisfaction of Lien for Settees of the Public Defender for Case Nos.: 97-2~04- MMA, 97-3428-MbLA, 97-7052*MMA, 97-7775-MM.A, 97-0529-MMA, 97- 4759-M~LA, 97-3142-MMA, 97-1S37-MMA, 97-4714-MMA, 97.~3~-MM.A, 97-106S-MMA, 97-3887-MMA, 9S-10192-MMA, 96-8614-MMA, 96-S336. MMA, 96.7973-MMA, 97-069S-MMA, 97-7239-MMA, 96-16~4-MM.A, 96- 9563-MMA, 97-7243-MMA, 97-00092-CFA, 97-04~4-MM.A, 96-~092-MMA~ 97-3370-MMA, 9S-0072.q-MMA, 2) MISCELLANEOUS ITEMS TO Fll,£ FOR RECORD WITH ACTION DmEc't-~;D: H. OTHER CONSTITUTIONAL OFFICERS L COUNTY ATTORNEY Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment ns to parcel nos, 141 and 14lA in the lawsuit entitled Collar Co~n~ ~. fla~ld lV. Se:aon, T~gee, d eL, Case No. 942126- CA.OI-DRM (Bonita Beach Road Right-of. Way) and authorize the County Attorney's Office to forward the Joint Motion for Stipulated Final Judgment to the court for action J. AIRPORT AUTHORITY 1) Recommendation to approve the attached budget amendment which wm increase the Marco Island Executive Airport terminal building ezpense budget, grant proceed budget, loan proceed budget and reserve for debt service ImdL, et by S. IS,000. 2) Recommendation to apprm~ the attached budget amendment which increase the Marco Island £xecutive Airport budget by S2,310. INOUIRIES CONCERNING CHANGES TO TITg BOARD'S AGENDA SHOULD BE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383, 6G£NOA ~IANG£,5 {{OARD OF COUNTY COMMISSIONERS' MEETIN(~ ,I'ANUAR¥ 6. 1998 :'~ ADD: ~M 8(A)(2) - ~~O~ AG~E~ B~ EOLL~ EO~ ~ ~ C~ OF ~CO ISL~ FOR ~ CO~ P~O SER~CES D~~ ST~ TO P~SE~ ~N L~ USE P~ONS TO ~ ~CO IS~ P~O BO~ ~ M~CO C~ CO~C~ (ST~'S ~Q~S~. PR OCL,4 M~4 TION WHEREAS, WHEREAS, WHEREAS, NOP/ It Lr the duty. honor and tradition of the Collier County 8herlff', Ol~ce to preserve and protect the lives, property and constitutional guarantees of all persons through an unrelenting commitment to professional excellence; and Sheriff Don Hunter aM the Collier County Sheriff's Oj~ce bar, Joined the the Right Thing" program, which the Mlami Police Department began in 1990; the "Do the Right ZTdng" program seeks to build self-esteem tn youngster~ by reinforcing socially-desirable behavior; and the ~Do the with stLmulat~ Menttflcation in the community of Collier DOIV~, .dND 6th AGENDA ~TEH NO. ~. fi. JAN 0 6 1998 PR OCLA'MA TION the County Fair is the link between our urban areas and our agricultural heritage; and the County Falr provtdes a unique forum for the display, exhibit and recognition of the productive activities of our young Collier Countians: and the County Fair provides a unique educational opportunlty for youth involved in 4tt. FFA, and other organizations to exhibit their livestock, handicrafts, horticulture and other projects; and RTt£R£AS, the County Fair, and tts partner$ throughout the County, ~onsors the development of practical skills and leadership in our youth: and I~7IF, REAS, the County Fair partnership tnclude$ the volunteer services of the Board of County Commissioners. the Fair Board of Director$, the Cooperative Extension Service, the County Council of Family and Community Educators, and the County Public Schools. NOW THEREFORE. be it County, , Commissioners of Collier 1998 be designated as attend th~ County Fafri DON~ AND Countyto to young CHAIRMAN Di~IGHT E. BROCK, CLERK EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BRYAN THURSTON, CRAFTSMAN, FACILITIES MANAGEMtlNT DEPARTMENT, SUPPORT SERVICES DMSION AS EMPLOYEE OF THE MONTH FOR,IANUARY~ 1998. ~l~: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Bryan Thurston, Craftsman, Facilities Management Department, Suppofl Services Division, Employee of the Month- January 1998. Bryan has been employed with the County since July of 1993 and has consistently provided quality craftsmanship for ail the building maintenance and construction that he performs. Bryan, however, should be recognized for a speciai skill that he has used to save the County thousands of dollars. Bryan is a master cabinet maker. You can f'md his work at the Immokalee and Everglades airport lounges and customer service areas, the fine counters and cabinets in the customer service area of Development Services, and at the County Museum where he put the final touches on the professional display case used for the Marco Cat and the Spanish Treasures exhibits. Bryan also constructed a Civil War style bridge, with the Friends of the Museum's assistance, that linked both parts of the Museum grounds with a safe walkway to give the area an appearance reminiscent of the time period. Bryan's expertise was also used for the Old Florida Festival to construct an authentic Florida style smokehouse for all the major cooking for the event. Bryan is c~tly preparing another display cabinet for the Museum's next exhibit of Beanie Babies. It is for the exemplary works he provides on a daily basis along with the many projects he has built for the County that he is being recognized for this special award. Congratulations Bryan, this award is well deserved. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash awal'd. Funds for this award are available in the department budget cost center 001-122240. ~: That B~ Thurston be recogniz~ as the "Employee of the Month" PREPARED B~DATE.~~' Admini~hative S~ APPROVED BY: ~~ DATE: Mit.belle E. Arnold . Assistant to the County Administrator EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION STAFF REQUESTING APPROVAL TO SERVE AS AGENT IN APPLYING FOR AN AMENDMENT TO THE FORD MOTOR COMPANY VEHICLE EVALUATION CENTER PLANNED UNIT DEVELOPMENT. OBJECTIVE: To receive Board of County Commissioner authorization to act as agent for the property owner in applying for an amendment to the existing Ford Motor Company Vehicle Evaluation Center Planned Unit Development, Ordinance No. 84-8. CONSIDERATIONS: Collier Enterprises, as fee simple property owner of the property occupied by Ford Motor Company, has expressed a desire to amend certain provisions of the PUD which currently restrict test vehicles to passenger automobiles and light duty trucks. As a means of remaining competitive in this market, Ford Motor Company is proposing to permit testing for all motor vehicle types. According to Ford Motor Company personnel, new Federal regulations require road noise testing to be conducted on all vehicles, including large trucks. Additionally, Ford Motor Company desires to begin aerodynamic testing and chassis tuning on racing vehicles. The results of the broader range of test vehicles will assist the company in incorporating the best available technology into its passenger vehicle design. In August, 1996, the County Manager and a delegation representing the Economic Development Council, joined Lieutenant Governor MacKay in a presentation to Ford Motor Company officials in Dearborn, Michigan. The purpos~ of the me,rig was to discuss the importance to Collier County in maining Ford Motor Company's testing facilities in Collier County. As part of it's commitment to assist Ford, the County indicated that it was prepared to init/ate modifications to the PUD to accommodate the changing needs ofthe company. Should the Board of County Commissioners support staff's recommendation to act as agent for the proposed PUD amendment, staff is prepared to advertise the amendment for the Sanuary 15, 1998 Planning Commission meeting and Febntary 2, 1998 Board of County Commissioners meeting. GROWTH MANAGEMENT IMPACT: None.. FISCAL IMPACT: Application fees for the PUD amendment are $I,300, plus $1.00 per property owner notified. Staff estimates that fees will total less $1,350. Ford Motor Company has agreed to pay all application fees associated with this amendmenL RECOMMENDATION: Staff r~commends ~hat ihe Board of County Commissioners authorize staff to act as agent for the property owner in am~ding lhe Ford Evaluation Center PUD, Ordinanc~ 84-8. Prepared by: DONALD W. ARNOLD, AICP, DIRE~OR PLANNING SERVICES DEPAR~ Reviewed by:. VINCENT A. CAUTER , , TOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JAN 0 6 1998 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR THE COUNTY PLANNING SERVICES DEPARTMENT STAFF TO PRESENT TEN LAND USE PETITIONS TO THE MARCO ISLAND PLANNING BOARD AND MARCO CITY COUNCIL. .~ To obtain Board approval of the proposed Intedocal Agreement with the City of Marco Island to allow County Planning Services Department staff to present ten outstanding land use petitions lo Ihe Marco Island Planning Board and the Marco Island City Council for disposition. .CONSIDERATIONS: on December 12, 1997, Vincent Cautero, AlCP, Community Development and Environmental Services Division Administrator, Wayne Arnold, AICP, Planning Services Director, and Bob Mulhere, AICP, Current Planning Manager, made a presentation to the Marco Island Planning Board and Marco Island City Council at a joint meeting to discuss the disposition of the ten outstanding land use petitions on Marco Island. The Planning Services Department has processed and reviewed these petitions which consist of f'rve boat dock applications, one conditional use application, one off-site parking application, one rezone application, one temporary use application, and one variance application. Staff recommended to the Marco Island City officials that the petitions be brought to their Planning Board and City Council by County staff at a rate of $30 per hour for staff time at the hearings and mileage reimbursement at $.29 per mile. The Council agreed and the proposal was presented verbally to the BCC on December 16, 1997. The Board directed staff to proceed with preparation of an Interlocal Agreement for presentation of the ten petitions at the rates discussed. The proposed Agreement (attached) was scheduled to be heard by the Marco Island City Council on January 5, 1998. The results of the City Council meeting will be presented verbally at the January 6, 1998. Board meeting. FISCAL, IMPACT; Collier County assesses fees for review of land use and zoning petitions. The fees collected for the petitions totaled $5,325 and have been deposited in the Community Development Fund 113. The County will submit invoices to the City of Marco Island for staff time presenting the outstanding ten petitions at a rate of $30 per hour plus $.29 per mile travel from the County Govamment Complex to the City of Marco Island. GROWTH MANAGEMENT IMPACT: The proposed Agreement is consistent with the Intergovernmental Coordination Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the proposed Intedocal Agreement between Collier County and the C,/~oTrco,, Island. PREPARED BY: _.(~,~, .~· //oOx '"* ~/',--~* ? ~hcent ^. Caut=~'o, AICP, Administrator ~ DATE: Community. Dcvclopment& Environmental Scrvic~ Division JAN 0 6 1998 JAN 0 6 1998 comidered by the M~:o hland ~ Board and/or thc City Cotuw./l of thc C~ of Marco WBE,REAS, tl~ Cit7 ~ provides tim the Collier Cmuu7 I.m:l Devel~m~ Code in ~ff~t on Angu~ 28. 1997, s]~ b~ tl~ ~ dav~lopm~nt r~uhcions within the City wmm~.8, tl~ Cky lm rrquer, ed tint ti= Counv/pmvtd~ mlma~ to thc City by ~ Comuy mff nm-,ber~ for purlx,Ses of ~-viewin~, smlyzin~, adverted.- for Marco Ishnd Yl,tmfi~ Boant and/or the CRT Council for th~ City of Marco Ishnd. e 16, 1997, taxi e~ upon the fiml ~[on of tl~ rca exig~ hnd u.~ lx~om COMPI~SATIO,~/. Cotm~ shall bc paid th/try dollz~ ($30.00) per hour for thc acU~l mff ~ involved in pre~_~ thc ex~th~ te~ ~ u.~ pctitiom to the Mat,..o hhmi Plum/nS Bom~ al~d~or Cie Cit~ Couudl fo~ tim C~ of Man~ However. ~ City shall ~y fro' ~cage for Cotmy Sail's umbel fi'mn the 29 ccn~ per rn~ in acconhm:e with ~ 112, Florida Smmtm. Said 2 JAN 0 6 1998 II II II I III RIC:I%VIa: ptymenu from tl~ City to ~ Cotmty shall be mad~ to tl~ Beard of County Co-,,~itttongrs. 'lng payments by tim City shall b~ governed by Cl~t~ 218. Florida Statutes (The Florida Prompt ?iyl:n~'nt Act). Tb~ County shall invoice tlz City for ail of tlz p~ymeats r:f~=c~ ~bow. Rtll,li~E~. Tlz County's liability covusges will extend to botl~ tl~ Couaty and Coxtuty SttR' for this ngrmmmt subject to normal ex¢Imtom. ~ City must procu~ its ow~ tmuran~ cowr~ for shy risks ~:~ to Cou~ Sta~s servic~ on b~tf of tl~ CiIy of Ms.,v.o Islalxi. !lCDEMNIFICATION. To ~ ext~ p~micted by Florids law. tl~ City shsll, ia consid~nlioG of g~ beasts mc~vui from the County by Lt~ proV~o~ of County Staff senates (which ar~ acknowled;ed to h~ve a mon~ts~ value sutmmtt~y In exces~ of $100.00), hold lmmless, taiemntfy a~t ~fend th~ out of or lnciO, tual to th~ performame of th~ Agreenmm which re, mlts from any n~gligence, inmui~ conduct and/or willful and wa~ton betutvior of tlz City u~d/or ~ agents tnd employees. This provision shall also per~_ tn to any cl_,tm, brought agtinst the County by an~ employee of the City, any subcontxn~r or Sltff. Tn~ C~'s obligations under this provision shall only be limited to the extmt provt~ by Florid~ law sad nn~ by tt~ C~'s limit of, or lack of. from ~ sol~ n~gl%gence or info.anal or wRtfui and wanton conduct of tbs ~, County Staff, or my oth:r employ~ or agent of tl~ Coumy. TERMINATION. This Agrtm~nt may be tm-minated by gth~ pan,/ by pmvidtng forty eight (48) ttours ~vanc~ written notic~ to the otlz~ party. Nolic~ HLm/I. Cowin. Chtirman CRy of Ms,co Island, Florida 1280 San Marco Rond Marco Island, Floti~ 3414!. Notice to tl~ County shsll b~ provided to: 3301 East Tsmiami Trail Naples, Florida 34112 JAN 0 $1998 R~.d~.fi, ~ Agrcenznt ~ be reconf~ in the Offlcfzl ~cord~ of Collier Coup, Plorid~. Tim CITY OF MARCO FLORIDA BOARD OF COUNTY OF COI~ COUNTY P~tci~ L. Bea'y, ~ A~ult Cf~ Cl~k C{crk of Coum f-~ th~ City of IR~.-~v.o hl,ud, ~ A~roved u to form mi lep,1 ~t'lctcucy for CoRter Cotu~: Kclzlz~ B. Cuylar, 'Esq. Runiro ~ch, Chief ~ Cam~ AUomey 116TM. I.WI'~ 4 JAN 0 6 1998 P~._ ~ _ EXECUTIVE SUMMARY ADOPTION OF TWO RESOLUTIONS RELATED TO AN APPLICATION FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION AND APPLICABLE FOR A PORTION OF DAVIS BOULEVARD, PROJECT NO. 60013. OBJECTIVE: For the Board of County Commissioners to adopt two Resolutions authorizing the County Administrator to: (1) apply for the FDOT Highway Beautification Grant; and, (2) sign both FDOT Grant and Maintenance Agreements. CONSIDERATIONS: In the last grant cycle we were awarded $150,000 from FDOT for the Davis Blvd. Phase I project, between US 41 and Airport Road. This phase is under construction. We are presently applying for additional grant moneys to beautify Phase II of Davis Boulevard. The proposed project will encompass median, irrigation, and landscaping on a 2.3 mile segment of Davis Boulevard between Airport Road and County Barn Road. The application process requires the Board to approve two Resolutions. The first Resolution, authorizes the County Administrator to apply for the FDOT Highway Beautification Grant. The second Resolution authorizes the County Administrator to enter into a Landscape Maintenance Memorandum of Agreement (Attachment A) and a Highway Beautification Grant Memorandum of Agreement (Attachment B) with FDOT for the Phase II project. Included in the grant application packet from FDOT were two sample agreements mentioned above and these are included for the Board's review. The original agreements will be sent to the County sometime after 6/I/98. The two agreements may be modified only to the extent needed to specify the details of the responsibility of both the FDOT and the County as appropriate to the projecl if the grant is awarded. The maximum monetary figure shall not be exceeded without additional Board approval. The preliminary eligible construction cost estimate is $460,000. Eligible construction cost include plant material and installation;/n'igation system and installation; and soil amendments. The FDOT grant will pay 50% of the eligible construction costs up to a maximum grant award of SIS0,000. The County is required to pay the remaining balance ($310,000 ifour award is $150,000) and pay 100% of all non-eligible grant costs estimated at $50,000 (i.e.: OCPM services, professional services during construction, design professional, misc. office expenses, etc.). The Resolutions and sample agreements have been reviewed and approved for legal sufficiency by the County Attorney. The sample agreements have been filled out by staff for the Boards review. The original agreements will be s~t from FDOT if we are awarded a grant. Contract Amendment Page 2 FISCAL IMPACT: At this time, ther~ is $285,000 available and budgeted' · m. Fund No. 313 Cos~ Center No. 163673 Project No. 60013 C-as Tax CIP Surplus Gas Tax Road Construction Str~tscape Master Plan According to the grant guidelines, we will be notified of our award on 6/1/98. We can not start construction until we receive a Notice to Proceed, which will not happen prior to 9/1/98. Therefore, the above amount of $285,000 will be brought forward into FY 98/99 budget, the grant award of $150,000 will need to be budgeted (revenue and expense) in FY 98/99, with the balance of $75,000 coming from new FY9g/99 budgeted funds. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt both resolutions. Reviewed b~ Senior Accountant Approved by' Ed Ilschner, Public Works Administrator Date~ I 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 98-'' :~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MEDIAN LANDSCAPING OF DAVIS BOULEVARD FROM AIRPORT ROAD EASTWARD TO COUNTY BARN ROAD; PROVIDING AN EFFECTIVE DATE. · WHEREAS, many median strips within the Department of Transportation, State Road 84 (Davis Boulevard) right-of-way are capable of receiving and sustaining landscape beautification features; and WHEREAS, the County Administrator and the Board of County Commissioners desire that Collier County participate in the beautification of this highway's median strips from Airport Road to County Barn Road through landscape development; and WHEREAS, the Board of County Commissioners intends, by the adoption of this Resolution, to authorize the County Administrator, to apply for a Highway Beautification Grant from the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Sectignl. The Board of County Commissioners of Collier County, Florida, hereby authorize the County Administrator to apply for a Highway Beautification Grant from the Florida Department of Transportation, pertaining to the median strips along a 2.3 mile section of State Road 84 (Davis Boulevard) between Airport Road and County Barn Road within the unincorporated area of Collier County. Sectio0 ~. The Clerk to the Board of County Commissioner, is hereby directed to forward a certified copy of this Resolution to the Florida D~partment of' Transportation as part of' the Highs~y Beautification Grant Application Package. Section3. This Resolution shall take effect immediately upon adoption. this ADOPTED by the Board of County Commissioners of Collier County at regular meeting assembled day of January, 1998. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By Approved as to form and legal sufficiency:. AsSistant C~un~ Attorney Chairman 1 2 3 4 $ 6 ? $ 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 4? 49 5O 51 52 53 54 RESOLUTION NO. 98- .. A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT AND HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IRRIGATION LOCATED ON A PORTION OF STATE HIGHWAY 84 (DAVIS BOULEVARD) BETWEEN AIRPORT ROAD AND COLrNTY BARN ROAD WITHIN ~ LrblINCOPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, many median strips within the Department of Transportation, State Road 84 (Davis Boulevard) right-of-way are capable of receiving and sustaining landscape beautification features; and WHEREAS, the County Administrator and the Board of County Commissioners desire that Collier County participate in the beautification of this highway's median strips from Airport Road to County Barn Road through landscape development; and WHEREAS, the Board of County Commissioners intends, by the adoption of this Resolution, to authorize the County Administrator, to enter into a Highway Landscape Maintenance Memorandum of Agreement and a Highway Beautification Grant Memorandum of Agreement between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1W COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Secti0nl. The Board of County Commissioners of Collier County, Florida, hereby authorize the County Administrator to enter into a Highway Landscape Maintenance Memorandum of Agreement and a Highway Beautification Grant Memorandum ot' Agreement from the Florida Department of Transportation, pertaining to the median strips along a 2.3 mile section of State Road 84 (Davis Boulevard) between Airport Road and County Barn Road within the unincorporated area of Collier County. Section 2. The Clerk to the Board of County Commissioner, is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Barrow, as a result of having been awarded and accepted a Highway Beautification Grant. This Resolution shall take effect immediately upon adoption. ADOPTED by the Board of County Commissioners of Collier County at regular meeting assembled this .. day of January, 1998. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By Chairman Approved as to form and legal sufficiency:. Assistant County Attorney State Project No.: ~0~ ~ le~ /~ f~.~~ork Program Item Number:county: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPE INSTALLATION AND MAINTENANCE MEMORANDUM OF AGREEMENT This Agreement, made and entered into this . day of ,19===, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to a~ the DEPARTMENT, and the ~rJ c~ C~n~/. herein.~ter referred to u the AGENCY. WITNE$$ETH WHE~AS, the DEPARTMENT has jurisdiction over and maintains the State Highway System; and part of WH~S, the AGENCY seeks to install and main~n certain landscape development improvements within the unpaved areas within the right-of-way of State Road ~ Section from Mile Post IS to Mile Post 12], hereinafter referred to as the PROJECT; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution . dated . , · copy of which is attached hereto as Exhibit "A" and made a part hereof, has authorized its officer(s) to enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other. the parties covenant and agree as follows: The AGENCY hereby assures the DEPARt, that prior to submitting this A~reemenL it has: L Ascertained the location of ali exist~g utilities, both antial and under~x)und. A letter of notification and plan of the landscape development improvements was ma~led on / ./__ to the following utilities/municipalities: bB Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specificaily excluded from this Agreement in accordance with Section 479.11. Florida Statutes. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plans included as Ex, bit "B". at~ached hereto and by this reference made a part hereof. Such installation shah be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001c), as they may be amended from time to time. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "C', attached hereto and by this reference made a p~ hereof. De~i~ed personnel as directed by the District Secretz~ or hi~ des|gnce may inspect and evaluate this project and issue a wrinen report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions ato not corrected within thirty (30) days, the District Secreta,ry or his designee shall have the option to do one of two thin~: n Cor~ct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable vaiue of said work. Remove by DEPARTMENT's contractor or DEPARTMENT's personnel ail landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shah indemnify, defend, save and hold harmless, the DEPARTM~ENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever raising out of, becau~ of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages n.4sing out of injury or damage to persons or property dh'ectly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance tlu'ough an insurance policy(les) or the AGENCY's self insurance pro/ram. This Agreement shall remain in effect until such titrm the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. Ail landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: 10. I1. a. Maintain the landscape improvements within the limits of said project with DEPARI'ME,N'I"s contractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge th~ AGENCY for the reasonable valu~ of such work. The term of this Agreement commences upon execution by both panics. This writing embodies the enth~ Agreement and understanding be~._.~n the parties heretO and there are no other a~ements and understanding, oral or written, v~th r~fet~nce to the subject matter hereof that are not merged herein and superseded hereby. This Agreement may not be assigned or transferr~ by the AGENCY in whole or pan without the consent of the DEPARTMENT. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF,' the panics hereto have caused these presents to be executed the day and year first above written. COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPAR~ OF TRANSPORTATION BY: ,. BY: County Administrator D~c~ Secreta~ ATI'F~T: (SEAL) ATTF. ST: (SEAL) CLERK Executive Secretary Approved as to form &legal suffi¢iency~ Approval as to Form & LeL, ality:. Dim'ict Legal Couasel WPI No.: County: STATE OF FLOR A DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT This Agreement, made and entered into this. day of ,19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the ~ard o.~ 0oo,~ hereinafter referred to as the AGENCY. WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road -- as pan of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development features within the right of way of State Road ._.; and WHEREAS. the DEPARTMENT agrees that landscape development features should be installed and maintained as proposed by the AGENCY and has, tiu'ough the Florida Highway Beautification Council awarded the AGENCY a beautification grant for installing such landscape development feature: and WHEREAS, the AGENCY_, ?,y Resolution ...... , dated , attached hereto as Exhibit 'A' authorizes its~})' AJm;n~ecute this A~ment on its behalf; and WHEREAS. the parties have entered into the Highway Landscape Installation and Maintenance Memorandum of Agreement, which describes thc landscape development features to be ~stalled and maintained, attached herewith as Exhibit 'B" and by this reference is made part hereof; and NOW THEREFORE, for and in consideration of the mutual benefits to flow each to thc other, the parties covenant and agree as follows: Thc AGENCY shall install and maintain the landscape development features on 5R'~_~. from within the Ci~f CO~ie~ , Florida, in the locations as described as per the Depamnent review~fand approved Landscai~ Development Plans and Technical Maintenance Plan attached hereto as pa~ of Ex, bit "B'. The AGENCY has estimated that the landscape development project cost to be ~ herewith as Exhibit "C". The Department agrees to pay to the AGENCY, upon satisfaction of the conditions of paragraph 3 of this Agreement, the total sum of ~a$.J..~=a.0.~ or fil~y percent (50%) of the project cost, whichever is less, as defined in Exlu'bit "C", as a grant punuant to Section 339.2405(11), Florida Statutes. Subject to this limit, th~ Department will pay only for those costs which are allowed for by Florida Statutes, Section 339.2405(11): Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions: a. This Agreement has not been terminated pursuant to paragraph $; b. The grant award has not lapsed under paragraph 7; c. A Semi-F'mal (substantial completion) Inspection is performed by the Department Landscape Mana&er and deficiencies cited in the inspection report and issued to the AGENCY, afc corrected; d. A ninety (90) day, post Ser~-Flnal lnspe~on deficiency correction landscape establishment and warranty period has lapsed; e. A Certification of Acceptance letter is received from the AGENCY Landscape An:h~tect or l~s/het designee; and f. a t'mal certification and acceptance inspection is performed by the District Landscape Manager on behalf of the l~ghway Beautification CouncL1. MisceUaneous Terms and Conditions (a) Payment sha.U be made ordy after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. Lb) Any penalty for delay in payment sha~ be in accordance with Section 215.422(2) Lb), Florida Statutes. a. Bi~s for fees or other compensation for sen~ee~ ~ expense~ shall be submitted in detail su~cient for a proper pre-aunt and post-audk thereof. b. Bitls for travel expenses specifica~ly authorized by this Agreement shall be submitted and paid in accordance with the rates specLqed in Section 112.0(51, Florida Smutes. c. The AGE~C~ shall now public access to all documents, papers, letters or other ~erial subject to the provisions of Chapter 119, Florida Statnt~ ~nd made ot e~:eived by the AGENCY in conjunction with this A~'eemenL F~u~e by the AGENCY to grant such public access shall be grounds for immedlate unL1a~etal cancella~on of thL~ A~reement by the DEPARt. d. If this Agreement involves units of deliverabl~ then such units must be received and accepted in writing by the Contract Manager prior to payment. Vendors (in this document identified as AGENCY) providing goods and services to thc DEPARTMENT should be aware of the following time frames. Upon receipt, thc DEPARTMENT has five ($) working days to inspect tnd approve the goods and services, unless the Agreement specifies otherwise. The D£PARTMI:'.NT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services a:c received, inspected and approved. If a payment is not avai.lable witlfin 40 days, a separale interest penalty at the rate established pursuant to Section $$.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dolla~ will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor's preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1.800-848-3792. Records of costs incurred under terms of this Agreement shall be maintained by the AGENCY and made available upon request to the DEPARTMENT at ali tLmes dttring the period of this Agreement and for three yeah after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPAR~ for a proper audit of costs. The DEPARTMENT, during any fiscal year, shah not expend money, incur any liability, or enter into any contract which, by its terms, invoices the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from thc Comptroller of the DEPARTMENT that funds are available pdor to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding £~cal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. .I~:' ,, ,. ,.- .:.~ .i This Agreement shall not be assigned or transferred by the AGENCY in whole or in pan without written consent of the DEPARTME.~'T. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the AGENCY. In no event shall the making by the DEPARTMENT of any payment to the AGENCY constitute or be construed as a wavier by the DEPARTMENT of any breach of covenant or any default which may then exist, on the pan of the AGENCY and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. nj A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may nor transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5. This Agreement may be terminated under any one of the following conditions: By the DEPARTMENT. upon ten (10) days written notice, if the AGENCY fails to perform under the terms and conditions of this Agreement or the attached Highway Landscape Installation and Maintenance Memorandum of Agreement. b. By either party upon sixty (60) calendar day's written notice. In the event this Agreement is terminated in accordance with Subparagraph 5(a), then the Department may at its option proceed under Subparagrap~ (a) or (b) below. In the event this Agreement is terminated under Subparagraph 5('0), then the parties hereto shall ~ under Subparagraph Co) below. The DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money due the AGENCY under this Agreement. The AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscape development features that the DEPARTMENT directs be removed and return the fight-of-way to its original condition. The AGENCY will own such materials ss it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscape development features, with thc AGENCY being responsible for the cost of any removal. The Beautification Grant awarded pursuant to this A~reement shall be effective and continue for a period of one (1) year from the date of this Agreement. It is understood between the parties hereto that any or all of the landscape development features covered by this Agreement may be removed, relocated or sdjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that SR ~ be widened, altered, or otherwise changed to meet with the future criteria or planning of the DEPARTM'ENT. The AGENCY shall be given sixty (60) calendar days notice to remove said iandscape development improvements after which time the DEPARTMENT may remove the same. The AGENCY may install additional landscaping and/or h'rigation systems within the limits of thc original project stated herein subject to the following conditions: a. The landscape development plans and specifications for any new installation shall be reviewed under Department's Hit,,hway Landscape, Beautification, and Plan Review Procedure (Topic Number 650.~0-001..c) and these plans a~ approved by the District Landscape Manager as a result of this review process. The AGENCY shall not change the location of the installation ss pom-ayed in Exhibit 'B" or deviate from the plans and specifications as defined in Exhibit "B", without written approval by the Depatunent. Any new installation shall be developed and implemented in accordance with the Department design and safety standards in effect si the time of the proposed changes. The AGENCY ngrees to maintain the additional or modified landscape development features in compliance with the requirements of the Highway Landscape Xnstallation and Maintenance Memorandum of Agreement executed as a condition of this Grant and attached hereto as Exhibit "B". No changes will be made in the payment terms established under Paragraph 3 of this Agreement due to any increase in cost to the AGENCY resulting from the new installation. 10. All notices under this Agreement shall be directed as follows: DEPARTMENT: Distria Landscape Manager Florida Department of Transportation P.O. Box 1249 801 North Broadway Banow, Florida 33831-1249 AGENCY: ~o II/er Cour~i~ ~Ov'i . A~. le~, FL '3HII~. 11, To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the DEPARTMENT and all its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent sct by the AGENCY, its ~gents, or employees during the performance of the A~'eement, except thai neither the AGENCY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent aa by the DEPARTMENT, or any of its officers, agents, or employees during the performance of the Agreement. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the pedormance of services required under this Agreement, the DEPARTMENT will immediately forward the claim to the AGENCY. The AGENCY and the DEPARTMENT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of tl',e claim or to require that ~ AGENCY defend the DEPARTMENT in such claim as described .in this section. The DEPARTMENT's failure to promptly notify the AGENCY of a claim shall not act as a waiver of any tight herein to require she participation in or defense of the claim by she AGENCY. The DEPARTMENT and the AGENCY will each pay its own expenses for she eval,-tlon, settlement negotiations, and trial, if any. However, if only one party paxticipates in she defense of the claim at trial, that party is responsible for all expense at trail. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agree~ts, or understa.n, dings applicable to she ~ .~. ntained he~in, and tbe. panies a~ that there are no cormmtments, agreements or understanmngs concerntng the subject matter of this Agreement that ar~ not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior r~lXesentation or agreements whether oral or vaitten. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with she same formality md of equal dignity herewith. 13. This Agreement shall be governed by and construed in accordance with the law and with the laws of the State of Florida. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder ofthi~ Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 14. The term of this Agreement commences upon execution. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD'OF COUr~TY COMMISSIONERS ~OLI~iF-R COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: County Administrator BY:, District Secretary District One A'i"IF..ST: ,(SEAL) CLERK ATTEST: Executive Secretary (SEAL) Approved as to legal form & sufficiency: . Ass~istant -Couhty Attorney Approval as to Form & Legality: Di~tdct Counsel II II IIIIIIII I II I iiiii I Project Name: Stat~ Road Number:. City/County: Permit Number. EXHIB~ C Estimated Land, cape Development Project Co, ts (Attach Detailed Grant Application Cost Estimates) EXECUTIVE SUMMARy RANKING OF ALTERNATIVE LANDFILL SITES PURSUANT TO THE FINAL REPORT FROM THE LANDFILL CITIZENS ADVISORY COMMITTEE OB,IECTIVE: For members of the Landfill Citizens Advisory Committee to present to the Board of County Commissioners their summary on the top three prospective future landfill sites. CONSIDERATIONS; The Landfill Citizens Advisory Committee was formed on may 16, 1995 for the purpose of identifying a future landfill site for Collier County. The Landfill Citizens Advisory Committee conducted 21 meetings over a two year, seven month period. The Citizens Advisory Committee will make a presentation to the Board of'County Commissioners to summarize their findings. Because of the length of the Final report document a copy will not be attached to this executiv~ summary. The Final Report was distributed to the Board of County Commissioners and all the locations for public information, including all the County libraries and the County Administrator's Office. FISCAL IMPAq'T:, N/A GRQWTH MANAGEMENT IMPACT: N/A RECOMMENDATION;, That the Board of County Commissioners accept the Final Report from the Landfill Citizens Advisory Committee, rank the top three sites, and direct staff ~av[d W. Ruslell, Director, Soli~/aste Management Date Department REVIEWED BY: Ed Ilschner, Public Works Administrntor Date PUBLIC WORKS DMSION AGENDA ITEM JAN 0 6 EXECUTIVE SUMMARY UPDATE ON WEED ABATEMENT LIENS ON PROPERTY OWNED BY ,lAMES LORENZO WALKER AND ANALYSIS OF OPTIONS REGARDING THIS PROPERTY AND OTHER PROPERTIES SIMILARLY SITUATED. D.]i~.A~II~i~A To advise the Board of County Commissioners of the outstanding liens on property owned by Mr. lam~s Lorenzo Walker and of analysis of the options regarding this property. CONSIDERATIONS: On October 21, 1997, Mr. Walker presented a public petition to the Board of County Commissioners d~scribing his desire to donate property (Lot 12, Golden Gate Unit 4, Block 135) to the County. This property was acquired by Mr. Walker at a tax deed sale, with substantial weed abatement liens against the pwperty. The County would incur the following costs in connection with a transfer of title from Mr. Walker to the County: $ 232.17 6,546.15 2,500.00 100.00 · 100.00 70.50 1,000.00 50.00 $I0,59&82 1996 R~ml Estate Taxes Special Ass~__,:ments Pollution Control Environmental Audit Task Report Title Commitment Report Title Insurance Owner's Policy Clerk of Court Filing Fees (Quiet Title Action) Publication Costs and Service Fees (Quiet Title Action) ]~sts (Order and Deed) According to the evaluation memorandum by Kevin Hendridcs, Right-of-Way Design and Valuation Coordinator, the unencumbered market value of the subject pmpmty is $14,000. County staffdistn'buted memoranda to County departments to determine if ther~ was any interest in acquiring the subject property. The only rezpon~ was fi'om Mr. Greg Mihalic, Dir~or of Housing and Urban Improvement. who det~mined that it was not cost effective to acquire thc property for affordable housing. The Office of the County Attorney has identified the following options to ~ or sim_ilar pwlgrties: JAN 0 6 I998 I III IIIII II II III IIIII Ill IIIIIIII III II IIII IIIIIIIIII I III III IIIIIIII I IIIII I il ~ I OPTION PRO CON 1. Do no~ing. 2. Foreclosure on the weed liens. e Accept the land by dona- tion, sell the property with the liens on it. Accept the land, remove the liens and donate the property to an organiza- tion for affordable hous- ing. Accept the land, extinguish the liens and keep the property for County use. e Establish a policy that after a certain number of weed liens have been rccorded against property mounting to a certain sum of money, the code inv~igators shall be~in to cite the land under the code enforcement proceedings and bring the matter before the Code Enforcement Board. The County does not establish a precedent for a~uiring property with large County weed abatement liens. Can use involuntar~ action by govcmment as a defense or exemption from environ- mental liability if the property is contaminated. Code Enforcement Board imposes liens in the form of a judgment against the violator as opposed to a lien attaching to a certain parcel of land only. 2 The property owner has stated that he will not mow the lot and the County will continuc to accrue corn for weed ~atem~t. The County will incur court costs and the action could last sevcral months. There is little or no market for this property with the lien on it. There is little equity in the property. There is little equity in the property. County staff has not identified that the property is needed or can be used for County purposes. The policy needs to be carefully established to prevent an equal protection challenge. AGENDA ITEM No., q(~a _ JAN 0 6 1998 Ps., FISCAL IMPACT: The impact will vary, depending on the option which is chosen. At a maximum, the estimated costs are $10,598.82. A fund to cover the costs has not been identified. (~RO~VrH MANAGEMI~NT rM~PACT· Non~. RI/COMMENDATION: That the Board of County Commi~ioner~ consider the alternatives and direc~ ~df how to proceed regarding Mr. Walker's property and other similar propertie~. PREPARED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: David C. Weigel County Attomey Date: .3 AGENDA fi. EM No. q JA, 0 6 REAL PROPERTY MANAGEMENT DEPARTMENT VALUATION MEMORANDUM DATE: TO: FROM: RE: July 25, 1997 Sandra Taylor, Real Property Management Director X.~~ ~/ Kev'in Hendricks, Review Appraiser Golden Gate Unit 4, Block 135, Lot 12 - Affordable Housiniil Donation In response to your Request for Land Rights Valuation, I have conducted research on available data concerning the subject and offer the following information: DESCRIPTION OF THE SUBJECT REAL PROPERTY: The subject Property is legally described as Lot 12, Block 135, Golden Gate Unit 4, according to the plat thereof recorded in the Official records of Collier County, Florida in Plat Book $, Page I07. The lot is vacant and level with the grade ofthe abutting road, 21" Avenue S.W. The lots on either side and to the rear are improved with single family homes. In my opinion it is reasonable to assume that the subject property could also be improved with a single family residence. It carries the RSF-3 zoning classification (Residential Single Family - 3 dwelling units per acre). Located approximately one half mile north of Golden Gate Parkway, one block west of Sunshine Boulevard, the subject is close to Golden Gate Elementary School, the Golden Crate Branch of the Collier County L~rary and the Golden Gate Community Center. The property was purchased by/ames L Walker in November '1996 for $2,688.92 from the County Clerk in a tax deed sale. There are 12 unpaid lot cleating assessments outstanding against the properof, and taxes for 1996, in the amount of $232.17 remain unpaid. Lot clearing assessments accrue interest on the unpaid balance at 12% per year, while taxes accrue interest at the rate 18% per annum. PURPOSE AND INTENDED USE OF THE APPRAISAL: As the title of this memorandum implies, this estimate ofvalue is meant only for intra-agency use. It is not intended to be used or relied upon by others outside Collier County government, nor is it to be considered_by the client as a self- contained appraisal. AGENDA II[EM JAN 0 $ I998 This Valuation Memorandum must be considered as a "limited appraisal" communicated to the reader in a "restricted appraisal report" format in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). Its purpose is to set forth the support, reasoning and findings of fact upon which the estimate ofthe market value of the subject property is based. Due to the nature of the client and intended user of this report, regional economic and demographic data have been omitted for the sake of brevity. The opinions expressed herein are based upon a preponderance of the data examined; and not every sales transaction has been verified with a party to the sale. REAL PROPERTY INTEREST AND TYPE OF VALUE BEING APPRAISED: This Valuation Memorandum is concerned only with the "market value" of the fee simple interest in the subject propmy. In 1993, the Appraisal Institute's Special Task Force on Value Definitions clarified the definition of 'Market Value,' the concept of which they described as the '...foundation of the Valuation discipline,' as meaning the most probable price which a specified interest in real property should bring in a competitive and open market under all of the conditions set forth below. Both the Buyer and Seller are typically motivated, and both parties are prudent, knowledgeable, and acting in what they believe to be their own best interests. 2. Neither party (and hence the price to which they agree) is affected by undue stimulus. Prior to the sale, a reasonable time was allowed for exposure in the open market, and adequate marketing efforts were made during this time. Payment is made in cash (U.S. dollars) or in terms and conditions (financial arrangements) comparable thereto. The price represents the sole consideration for the property unaffected by special or creative financing, or sales concessions granted by anyone associated with the sale. 6. The sale is consummated as of a specified date. EFFECTIVE DATE OF APPRAISAL AND DATE OF REPORT: The effective date of the appraisal and the date of valuation, as distinguished from the date of this valuation memorandum, is the date the property was last inspected by this writer:. June 27, 1997 I998 , ¥~lu~tion M~morandum P~ ~ HIGHEST AND BEST USE OF THE SUBJECT REAL ESTATE: Evaluating, and then arriving at conclusions as to the highest and best use of a particular piece of property, is a critical activity which must take place early on in the appraisal process. This is because the appraiser's opinion as to the subject's highest and best use will significantly influence the data collection process. One definition of highest and best use (and perhaps the one most often quoted) is: 'The reasonably probable and legal use of vacant land or an improved property which is physically posa~le, appropriately supported, financially feasible, and that results in the highest value' _Crhe Appraisal of ~ ninth edition, published by The Appraisal Institute). It is often said that highest and best use analysis is the foundation of the valuation process. During the highest and best use analysis, the appraiser first considers those uses which are reasonably probable and legal and which would yield the h/gl;est value. For each such contemplated use of the property, the appraiser must then systematically ask: (1) Is the contemplated use physically pos~ible? (2) Is the contemplated use financially feasible? and (3) Is there appropriate aztpport for the theorized usage ofthe property? In the final analysis, however, an estimate ofhighest and best use is not completely empirical. Like the correlation of data and final estimate of a property's value, it is based, in part, on the appraiser's judgment. Since Collier County has adopted a Growth Management Plan which isolates intensive land uses to specific geographic locations within the County, and which limits densities in the remaining residential portions of the County, the first possible uses one might normally consider would be those suggested by neighboring properties which have already been developed and which share the same quality of zoning and access. In the case of the subject property, one might first consider Based upon a review of the relevant data, and in consideration of the uses available to the subject, it is my opinion that the highest and best use of the subject property is for single family residential development consistent with the property's zoning and. in conformity with the other improved properties in the neighborhood. EXPLANATION OF THE APPROACH{ES) TO VALUE EMPLOYED: Because the property is not improved only the market (a/k/a "tales comparison") approach is appropriate. The cost and income approachi-$ to value are used only on improved properties. DESCRIFYION OF THE DATA COLLECTION PROCESS: A search of the Property Appraiser's records was conducted to identify all of the vacant single family homesites in the immediate neighborhood which have sold in the past 3 years. Sales prices from $10,000 lot ($1.00 per square foot) to $25,000 ($2.30 per square foot). Most of the sal. No. JAN 0 6 i998 Valuation Memorandum Pz~e4 water. The lot which sold for S25,000 was a lot which is larger than most, and which has a back yard which looks westerly out to the intersection of the Hunter and Tahiti Canals. Most of fades were clustered in the $11,000 to $16,000 range. A title commitment on the subject property, issued to Coil;er County on luna 2, 1997, was also reviewed. CORRELATION OF RELEVANT INFORMATION AND REASONED CONCLUSIONS: The sales in the table below are plotted on a map of the neighborhood included in tho Addendum to LOT / BLOCK SALE PRICE ACRES $$ PSF OR / PAGE ON ASSESSED DATE WATER BLK IITLOT3 11/14/9418000 0.23 $1.80 2001-2267 11160 BLK 117 LOT 1:5 3/11/97 11:500 0.23 $1.15 2292-2379 11227 BLK 120LOT24 3/21/96 13f~0 0.26 $1.19 2160-2379 12555 BLK 121 LOT9 12/13/9612500 0.23 $1.25 2261-0373 11160 BLK 124 LOT 10 6/12/96 14000 0.23 $1.40 2194-0113 YES 13020 BLK 124 LOT 22 1/27/95 16000 0.23 $1.60 2025-13~4 YES 13020 BLK 124 LOT 23 1/27/95 16000 0.23 SI.60 2025-1385 YES 13020 BLK 125 LOT 19 12/18/9510000 0.23 $I.00 2129-1~09 YES 13297 BLK 127 LOT 21 6/21/95 16000 0.23 $1.60 2071-0625 YES 13020 BLK 129LOT 10 8/2/9:5 11800 0.23 $1.18 2084-1631 YES 13020 BLK 130 LOT 12 1/22/97 25000 0.25 $2.30 2274-1096 YES 14398 BLK 136 LOT 12 7/19/96 IX}00 0.23 $1.50 2208-09:57 11219 BLK 14:5 LOT 10 1/3/97 13700 0.23 $1.37 2268-1063 YES 13020 Focusing on the sales which do not enjoy waterfront exposure, the unit prices range from $1.15 per square foot to $1.80 per square foot. The sales (Lots 3 and 15, Block 117) are located on the same block. Directly across the street fi.om Lot 15, however, the lots are zoned for multi-fanu'ly residences, and the view (and the noise) from Lot 15 to Golden Gate Parkway is uninterrupted. After considering the various factors which determine the market value of single family residential lots, it is my opinion that the unencumbered market value ofthe subject property is $1.40 pet square foot or $14,000. NOTE: Research indicates that the taxes for 1996 remain unpaid in the amount of $232.17 and will increase i ½ percent each month beginning in September 1997. Aim, there are 12 outstanding lot assessments on the subject property dating back to 1989. The total amount due is $5,383.09. A prudent purchaser would deduct this amount from the unencumbered market value. AGEND_A JT, EM Valuation Memorandum ~CTIONS ON THE USE OF AND RELIANCE ON THE SUB~CI' REPORT: As previously stated, this memorandum must be consldered a 'restricted apprzlsal' under the revisions to the Permitted Departure from Specific Guidelines for Real Property ,4ppraimh (USPAP) which ~ adopted by the Appraisal Standards Board on March 22, 1994. As the title ofthis memorandum implies, this estimate ofvalue is meant only for intra-agency use. It is not intended to be used or relied upon by others outside Collier County government, nor is it to be considered by the client as a self- contained appraisal. A( AJT :M Valuation Memorandum Pa~ '/ CEKTIFICATE OF APPKAISAL I hereby certify that, to the best of my knowledge and belief,... The statements of fact contained in th~s report are true and correct. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased profesgonal analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of'this report, and I have no personal interest or bias with respect to the parties involved. My compensation (neither salary nor bonus) is not contingent upon the reporting of' & predetermined value or direction in value that favors the cause of'my employer, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. My analyses, opinions and conclusions were developed, and figs report has been prepared, in conformity with the Uniform Standards of Professlonal Appraisal Practi~ Acceptance and acknowledgment contained herein. utilization of this appraisal report, and acceptance of all the General or an,/ portion thereof; constitutes Assumptions and Spec~ Conditions I I~ve made a personal inspection ofthe property which ii the sabject ofthis report. Unless speciflcal~ mentioned in the body of the report, and only to the extent mentioned, no one other than the undersigned contn%uted any ~gn~cant assistance in developing the analyses, ~,.ssumptlons and conclusions contained in th~ report. Valuation M~no~ndum Pa~e S ADDENDA t~e Attachment ts tntent~onally omitted £rom the Agenda Package AGENDA ITEM No.~ EXECUTIVE S~Y PROPOSE1) SETTLEMENT IN THE FEDERAL COURT CASE OF ~'.4DSWOR~'H E COf. I. IER COUNTY AND THE CI'I'Y OF N, dPLF~, ET. ,,iL, CASE NO. 95-88-CIV-FI'M- 231) For the Board to review and consider a proposed Settlement Agr,~'ment in the Federal Court litigation of B~ett Wadr~orrb v. Collier Count~, The City of Naples, Richard Clark. Stephen Uman, Thomas Barfoe and Unnamed Defendants, Case No. 95-88-CV-FTM.23D. CONSIDERATIONS: In February of 1995 Brett Wadsworth filed and served a thirty four (34) count, four hundred seventy eight (478) paragraph complaint alleging numerous tort and constitutional causes of action against all or some of the Defendants in this case. This case stems from a roofing complaint made by a citizen against Mr. Wadsworth who had a Collier County roofing license. The complaint was investigated pursuant to the City and County Interlocal Agreement and presented for hearing before the City Contractor's Examining Board. Notice ofthat hearing was provided by certified mail but was returned unclaimed after three attempts. The Contractor's Examining Board found Mr. Wadsworth in violation of the City's contractor disciplinary code and suspended his license. By city ordinance, the matter then was quickly refa-wd to the City Council (without noti:¢ apparently being provided to the Plaintiff) and the City Council rtnmked the Plaintiff's roofing license. The result of those hearings were transmitted to the State DPR pursuant to law. The State DPR found inadequate notice for the Collier County proceeding and did not discipline this contractor, The contractor has claimed a lack ofdue process in the Collier County proceedings. Coil/er County has defended on the basis that certified mail notice was provided to the same address at which the Plaintiff has resided for approximately ten years, After three Motions to Dismiss were flied by the Defendants and court rulings thereon, the Plaintiff was left with a Third Amended Complaint consisting of three counts: Count One for malicious prosecution against thc individual Defendant; Count Two for violation of due process fights against all Defendants; and Count Three for violation of protected h'berty interest against all Defendants. The County answered and provided afFumative defenses to the Plaintiff's Third Amended Complaint. The County also filed a Motion for Sununary Judgment as to the two counts of Plaintifff's Complaint which pertained to the County. During the same period oftim¢ the Court referred this case to mediation for the second time. The tim mediation had resuit~ in an AGENDA ITEM No. 0 6 Lq98 The mediation was held in this case on December 1 I, 1997 in Tampa, Florida before Peter J. (3rilli, Esq., court appointed mediator. Present at said mediation wer~ County Risk Management Director left Walker, Assistant County Attorneys Ramiro M~alich, and Lawrence S. Pivacek, David E. Bryant, Esq., on behalf of Defendant Bartoe (Mr. Bryant had been approved by the Board of County Commissioners to represent County employee Bartoe in the event of any potential conflict of int~est), and James Siesky, Esq., who represented the City of Naples, Defendant Clark and Defendant Uman. Mediation lasted the entire day and resulted in a proposed Settlement Agreement which is attached to this Executive Summary. The mediated proposed Settlement Agreement is recommended for approval by counsel for all Defendants as well as by County Risk Management Director Jeff Walker. The Settlement Agreement docs not require any admission of liability by any of thc Defendants. The $6,000.00 to be paid to thc Plaintiff(S3,000.00 of which will be paid by the County and $3,000.00 of which will be paid by the City) represents part of the Plaintiff's costs in this case and nothing more. Even though the County believes it could prevail at trial in this case, the Settlement Agreement is recommended as a business decision. This settlement will avoid the expenditure of an estimated I;40,000.00 . $50,000.00 to take this matter through mediation, court annexed, non binding arbitration, and summary judgment as well as trial preparation and presentation. FISCAL IMPACT: If the Settlement Agreement is approved, it is the opinion of the Office of the County Attorney that the County, the City and the individual Defendants will be considered to have prevailed in this action since the Agreement does not involve any admission of liability by any of the Defendants. This will necessitate the County paying the reasonable legal fees ofthe attorneys for Defendants Clark and Bartoe who were both County employees when this case arose. Those bills have not yet been received. The County shall also pay $3,000.00 of the $6,000.00 total payment to the Plaintiff for his costs in this action. It is estimated that this Scttlcrnent Agreement, if approved, will save the County approximately $20,000.00 dollars that it would have cost to handle this case through mediation, arbitration and summary judgment. Additional substantial sums would have been incurred for trial preparation and presentation. Funds arc available for payment of the costs and fees incurred as a result of this mediated Agreement in fund number 516-121-650, Prop,xty/Casualty Self-Insurance Fund. GROWTH MANAGEMENT IMPACT: ~One. -2- RECOMMENDATION: That the Board of County Commissione~ consider and approve ~he attached proposed Settlement Agreement; authorize the disbursement of funds for payment of the costs and fees inctured in this case upon review and approval of the County Attorney's Office; and authorize the Oftie~ of the County Attorney to notify all parties and the Federal District Court that the Settlement Agreement has been approved. Pr~ar~ by:. Chief Assistant County Attorney Reviewed by: Date Risk Management Date -3- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DMSION BRETT WADSWORTH, Plaintiff, COLLIER COUNTY, a polit~cal subdivision of the State of Florida, CITY OF NAPLES, a political subdivision of the State of Florida, RICHARD CLARK, STEPHEN UMAN, THOMAS BARTOE, and UNNAHED DEFENDANTS, Case No. 95-88-Cl'V-F'I~-23D Defendants. SETTLm~TA~REEMENT Undersigned representatives of City/County agree to cause this agreement to be put on the agenda at the next City Council and County Commission meeting, and to recommend adoption of same. The parties agree that, upon approval of this Agreement by City Council and County Commission: 1. The above-captioned case shall be dismissed with prejudice, each party to bear its own costs and attorneys, fees. 2. Defendants shall pay Plaintiff Brett Wadsworth $6,000.00, upon execution of an appropriate mutual release in a form reasonably satisfactory to the parties. 3. If during one year from today's date, a complaint is made to City/County against Plaintiff with respect to any work performed within the County under such contracting privileges as set forth in paragraph 4, it shall not be heard in City/County but shall be heard by DBPR Construction Industry Licensing Board, and if substantiated, Plaintiff will voluntarily cease to work (contracting) in City/County thereafter. If this provision is subsequently violated, it may be enforced by injunction, prevailing party attorneys' fees. 4. Upon Plaintiff's presentation of an application for a license to the City/County, which application includes Plaintiff's having passed state licensing examination requirements and having met all other generally applicable requirements of law, Plaintiff shall have lawful contracting privileges of the City/County. The circumstances and/or work leading to this lawsuit shall not be considered in regard to any licensing issue and shall not be the subject of further disciplinary action. Done December 11, 1997 in Tampa, Florida· Plaintiff Brett Wadsworth Florida Bar No. 237851 Mediator Peter J. Grilli, P.A. Post Office Box 953 Tampa, Florida 33601-0953 (813} 221-4515 Fax: (813) 228-9316 tive Counsel for Defendant Collier County Co~el for De~endant: City~ Naples, ~fendant Thomas Bartoe Uman and Clark EXECUTIVE SUMMARY" APPOINTMENT OF MEMBER(S) TO THE OCHOPEE FIRE CON'rROL DISTRICT ADVISORY CO TTE .S . . ' ~.,.G~: To re-appoint 2 members to 2 year terms, expiring on Decembu 3 I. 1999. ou she Ochopee Fire Control District Advisory Committee and confirm the re-appohumem of ! memb~ appointed by and r~resenting Everglades City. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committe~ had 3 terms expire on December 31, 1997, representing Ochopee Area at large, Lee Cypress (Cope~ md Everglades City. This $ member committee advises the Board on the budget and operation of the Ochop~ F'tre Control District. Members must reside within the taxing district. Terms ar~ 2 years. A list ofth~ current membership is included in the backup. The terms for Michael Hart, T. Anthony Brock, and Charles IL Reynolds explr~! on December 31, 1997. A press release was issued and resumes were received from the following 3 interested citizens: T. Anthony Brock (re-appt.) $ yes Michael Hart (re-appt.) $ yes A letter was received from Mayor Sammy Hamilton, Ir. of Everglades City re-appointing Charles IL Reynolds to a 2 year appointment. COMMITTEE RECOMMENDATION: Michael Hart T. Anthony Brock Charles IL Reynolds (confirmation) NOTE: Section Seven (b.) (1) of Ordinance g6-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Charles IL Reynolds, Michael Hart, and T. Anthony Brock have served more than 2 year terms. Should the Board wish to re-appoint Michael Hah and T. Anthony Brock, and corff'um the re-appointment of Charles IL Reynolds, the limitations on two consecutive terms will need to be waived. RECOMMENDATIOfl: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to serve 2 year terms; conf'mn the re-appointment of I tnembcr ~ting Everglades City; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepsr~d By:. Sue Filson, Adr~inlstrative Assistant Board of County Commissioners Agenda Date: JANUARY 6, 1998 JAN 0 6 1998 Pgo__ / -- e~/eT/1114 6136953626 City of Everglades Oty P.O. Box I I0 Everglades C[~. ColUef Count~. Flc~d~ 34139 City H~II 2O7 ilroldwly l:¥,one 0)41) ~95-37St Fax (941) 695-~:) ~ OF ~ COI, g~SSZO~ c/O: ]~: V'~ F~C P~S 2 SORRY FOR THE MIX UP. JAN 06 1998 PO,,_ ~ ez/67/1994 66:41 6136953e2e CIT~ OF' ~ Oty of Everglades City P.O. Box l tO i~ve~l~:k~ CitT, Colllc~ ~y. Ftofl~ 34139 ~ Hall 20'/B~&~ay ~ ~1) 605-3781 F~ ~t) 6o5.3~ II l~eember 9, :~997 Chief ~Lag~ 3301 TanXanl T~all Health Butldlng Naples, PI 33962 ?o eon£1rm the appointment o£ Everglades Clb~ Oehopee Fire Once asaln Evergladeo Ctty cltlzen ChaliCe Reynolds ha8 accepted the appointment o£ Ochopee Flre Control Board me~be~. city of EvergZades ClOy JAN 06 1998 17:12 9417754454 C0U.;ERE)ER SE]:N PN;E 62 MEMORANDUM TO: FROM: Sue Filson, Administrative As Di~e B. R~gg. Chi~ ~ Emergency Sen~ces Deput~r istlmt nt DATE: December L 1997 Ochopee Advisory Bo~"d Four members of the five memben of the Ochopee Advisory Board met on November 3. 1997 m~d recommended that Mr. Mike Hah and Mr. Tony Brock be re-appointed lo the Ochopce Advisory Board aAd recommended that Mr. Chadie Reynolds continue as the CitT of Everglades representative. These individuaJs ue current member~ of the Advisory Board and have an understanding of'the Department operations, and expre~cd a desire to be re. appointed, and were the only individuais who applied For a po~hion on lhe Advisory Board. It is my understanding that the Cily of'Everglades wishes to re-appoint Mr. CIm'lle Redmolds and a letter will be forthcoming Ill tr~y offer any tdditionai information, please do not hesitate to contacl my o~ce JAN 06 1998 Pg' F '; Ochopee Fire Control District Advisory Committee William L. Pennell P.O. Box 229 Everglades, FL 34139 C~te~ory: Plantation Island Kent L. Omer, Sr. P.O. Box 659 Chokoloskee Island, FL 34138 District: 5 Category: Chokoloskee Charles R. Reynolds Cope;land Avenue Ever,~ades City, FL 34139 Dlstr~: Category: Everglades City Michael Hart P.O. Box 42 Copeland, FL 34137 DLm, tet: 5 Category: Lee Cypress (Copeland) T. Anthony Brock #1 Turkey Trail Ochopee, FL 34141 D~' ~ Cat~ory: Ochopee Area At Lar~ 12/18/90 12/31/92 2 Ye~s 695-4541 I/7/97 12/31/98 2 Years 01/07/97 12/31/98 2 Yms 10/26/82 12/31/91 2 Years 3/5/96 12/31/97 2 Years 01/05/93 12/31/93 1 Year 3/5/96 12/'J1/97 2 Years 01/07/92 12/31/93 2 Yeats 315/96 12/31/97 2 Yeah AGEND~....ZTE~ JAN 0 6 1998 po. ~ Ochopee Fire Control District Advisory Committee $:a.~/': Diane Flagg. Emergency Services Dimctoc. 774-t1~ AGENDA ]~F~ JAN 0 6 1998 DATE: TO: FROM: MEMORANDUM October 20, 1997 Vinell Hills, Elections Office~ ~, Sue Filson, Administrative Assi Board of County Commissioners RE: Voter Regi~ation - 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 listed b~Iow are register,xl voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE ~ CONTROL DIST ADV COMM COMMISSION DISTRICT T. Anthony Brock #1 Turkey Trail Ochopeeo FL 34141 Michael Hart P.O. Box 42 Copeland, FL 34137 Thank you for your help. JAN 0 6 1998 MEMORANDUM DATE: TO: FROM: October 20, 1997 Dime Fla/g, Emergency Medical Se~or Sue Filson, Administrative Assistan~/o ~[ ' Board of Cotmty Commissioners Ochopee Fire Control District Advisory Committee As you know, we currently have 2 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 mvi~w as follows: T. Anthony Brock #1 Turkey Trail Ochopee, FL 34141 Michael Hart P.O. Box 42 Copeland, FL 34137 Please let me know, in writing, the recommendation for appoiatmeat ofthe 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 Attaclunents JAN 06 1998 ~8/28/1997 12:27 18136953849 G.ADESREALTY PAGE 81 Cgpt, Tony Brock Turkey TI-afl Ochopee, FI, 339&3 Ks. Sue Fl.lso-t Adninlsr. rattv ~ Assistant ~OARD OF COUtFFY CONNISSX0~ERS 3301 Tasttanl Frail East hplss, FL 33962 Dear Rs. Fllsonl ! an vrir. ing to let you knov that ! vould very much like to serve another Cern on the Cchopee Fire Control Advisory Comittee. I feel ! have learned a lot about the optra~ton of ~he Ochopee Fire Control Dis~ricc and thus v/l] be Bore able co add input co ~he advisory cons/tree that · ay be helpftl to the Ochopee Fire Control ~istrtct. Ny personal, resume' reaming much tho same as tvs years ago vith a strong business bac~ ground and a lot o£ tine servtn~ several couemrton organizacioni, and leading and directing so"a o! those organiza~ions vhich includ,: Fort Lauderdale Chapter Duck*s Unlini~ed, Atrican S&£eri Club of F~. l~uderdal.e end Florida S8£ari Clubs In~ernational I am a naciv,: Floridi~, ~orn in Crsceville, Flor/da, 1938; and living in Bro~ard C~,unty un~il 1988, vhen ! "ads Ochopee sy pernanent residence. ! still ova ~md operate Amrican Heritage Outdoor ldventurts and Capt. Tony's Fishing Char~ers and plan to live in this area £or "any yeaFS tO CO~, If you need Further infor~gion or have a~y ques~ions, please feel free co call anytime, and thanks again for your tim and consideration. Sincerely, T. Anthony l~r~:k JAN 0 6 1998 18/28/1997 18:21 19415953¢?3 PP,~ 81 October 20. Kg. Hichael Hart P.O. Box 42 Copeland, Fl. 34137 Ms. Susan Ftl.~ AdmintstratLve Assistant Board of County Com~isstoners Collier County Government Center NAples, Fl. 34112 Dear Ks. FLlson, ! would like to continue on the Ochopee Fire District Advisory Board. ! have very much enjoyed my tenure with this Board and feel that there is more that I would like to do as representative of che people and the area of Ochopee. In fact there are several issues I have been working om that are still not resolved and that will not be completed with La the two month period le~t o! my current term. Therefore I reel it ia crucial that I serve another term. ! have been a resident of Collier County for nine (9) years. ! am married with 3 children and was employed for two (2~ years with the Division of Forestry in Copeland as a Firefiqhter. 1 am currently with he Department of Natural Resources serving as a Park Ranger at Faka~atchee ~trand State Preserve in Copeland. ! have knm~n C~lef V~nce Doerr for the past nine years and ! am very [amiliar ~lth the area covered by Ochopee Fire Control Dlstrict~ I have attended the 30 ~our Volunteer Course and the Hazardous Haterial Course. ! am also an active Volunteer for Ochopee Fire Control D~etrict and have partLcipated in all o! the VoLunteer funct~ons, wbXch include the Chicken #ln~ and Chili the Seafood Festival, the ~lsh Fry, the #lid Hog ~arbecue and HDA bOOt drive. I have also attended the Fire Service Greeting Committee Heetinqs and also have participated in the Advisory Boar~ Heetings ~o ~ha~ ! have an over all vle~ of the on going procedures that are being used ac this time. JAN 0 6 1998 pg. · ......... Pw.,E 82 Due co the training and time ! have Invested in this area. would like to continue co serve the Advisory Board, and due sincere interest in this area ! feel that I could still be an asset to the citizens of the Ochopse Fire Control District. Thank you very much for you time and attention given to this vacancy on the Ochopee Fire District Advisory Board. Sincerely, Hlchael Hart Paqe 2 AGENDA ITEH NO._.~,/__~2..~" JAN 0 6 J998 EXECUTIVE SUMMARY KECO~ATION TO CONSIDER THE ADOPTION OF AN ORDINANCE PROHIBITING THE CONVERSION OF ROADSIDE SWALES TO CULVERTS IN THE PUBLIC RIGHTS-OF-WAY WITHIN THE AREA OF NAPLES PARK UNLESS A PERMIT IS OBTAINED AND PROVIDINO FOR THE TYPE OF MATERIALS ACCEPTABLE FOR USE ~.I~,,_~X~: That the Board of County Commissioners approve and adopt an Ordinance to prohibit the conversion of roadside swales to culverts in the public rights-of, way within an area of Naples Park unless a permit is obtained. Permittee shall follow County recommended guidelines for specific material uses and their insiallation methods. These responsibilities include technical specification for material types, pipe sizes and typical installation and inspection criteria. CONSIDERATIONS: Over the last several years, the Board of Commissioners has adopted Moratorium Ordinances that prohibited the permitting of the conversion of swales to culverts in public rights-of-way within Naples Park. The pwhibition was a special condition imposed by the Florida Department of Environmental Protection. In order to lif~ the moratorium which served as a temporary measure, this permanent prohibition ordinance needs to be adopted to fulfill the requirements mandated by the Florida Department of Environmental Protection. FISCAL IMPA(;'T: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners consider for adoption the atiached Ordinance to resolve the swales/culvert issues within Naples Park. Prepared by:~ Ann Marie Saylor, Admi~..~rafive Assistant Reviewed by: $ohn~. Boldt, I~.E., P.S.M., Stormwater Management Director Approved Ed llschner, Public Works Administrator /- 7 7 Date Date -t/-- Date i 2 3 4 $ 6 ? 8 9 10 I! 12 13 14 16 !? 18 19 20 21 22 ORDINANCE NO. 9?- AN ORDINANCE PROHIBITING THE CONVERSION OF SWALES TO CULVERTS IN THE PUBLIC RIGHTS-OF-WAY WITHIN AN AREA OF NAPLES PARK. A PLATTED SUBDIVISION LOCATED IN COLLIER COUNTY. FLORIDA UNLESS A COLLIER COUNTY PERMIT IS OBTAINED; PROVIDING FINDINGS AND PURPOSE; PROVIDING TITLE AND CITATION; PROVIDING APPLICABILITY; PROVIDING FOR TYPE OF PER~IIT AND PROCEDURE; PROVIDING FOR RESPONSIBILITIES ASSUMED BY THE PERMITrEE; PROVIDING FOR THE TYPE OF ~ATERIALS ACCEPTABLE FOR USE; PROVIDING FOR SIZE OF PIPE REQUIRED; PROVIDING FOR INSPECTION OF PERMITTED INSTALLATIONS; PROVIDING FOR TECHNICAL SPECIFICATIONS FOR INSTALLATION; PROVIDING PENALTIES; PROVIDING CONFLICt AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES AND EFFECTIVE DATE. WHEREAS, it h~ been a common practice within the Naples Padc Subdivision area, Collier County, Florida, for individual homeowners to enclose roadside swales in front of their 24 homes with small diameter pipes and e~,lhen cover material, and; 25 ~,q-IEREAS, this practice reduces the area available for utilization of grass-lined swales 26 for stormwater quality treatment and water table aquifer recharge, and; 27 WHEREAS, replacing the relatively large grassy roadside swales with small diameter 28 pipes greatly reduces the volume of stormwater runoff retention/detention storage thal was 29 available in the swales and thus increases the peak rate of discharge into the drainage systems 30 outlets which incr,.asea the potential for flooding in the area, and; 31 WHEREAS, Collier County has in thc past issued permits under the Public Rights-of- 32 Way Ordinance, Collier County Ordinance No. 82-91, as amended, to individual homeowners to 33 enclose roadside swales in front oftheir homes with small diameter pipes, and; 34 WHEREAS, in response to the County's application to th~ Florida Department of 35 Environmental Protection ('FDEP) for approval for construction of major capital improvements to 36 the Naples Padc primary drainage outfalls, FDEP h~ modified the Special Conditions on the 37 proposed project to the following: "The Perrnittee shall allow the construction of · shallow 38 swale underlain by a slotted or perforated pipe within a crushed stone envelope, by property 39 4O owners requesting this swale enclosure modification of swales on or adjacent to their ammert'e.";,-.-~ and [ .:::i.' f~ , ~...': I WH£REAS, the Board ot' County Commissioners of Collier County, Florida has 2 determined that it is in the public interest and ~he health, safety and welfare of the citizens of 3 Collier County to allow the conversion of swales to culverts in the public rights-of, way within 4 the Naples Pazk Subdivision located in Collier County, Florida, upon ccrtah conditions as set $ forth in ~is Ordinance. 6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, tha! 8 SECTION ONE: FINDINGS AND I~UR?OSE 9 The Board of County Commissioners of Collier County, Florida, (herdnafler the I0 "Board") does hereby find and determine that it is in the public inter~st and the health, safety and 11 welf'~t~ of its citizens to allow the conversion of swales to culverts in the public rights-of-way 12 within an area of Naples Park, a platted subdivision located in Collier County, Florida, provided 13 · permit is obtained pursuant to this Ordinance. 14 SECTION TWO: TITLE AND CITATION 15 This Ordinance shall be known and may be cited as the "Collier County Swale/Culvert 16 Ordinance - Naples 17 SECTION THREE: APPLICABILITY 18 This Ordinance shall apply to and be enforced in thal a~a of Collier County, Florida 19 known generally as "Naples Park", the specific ar~a thereof for the purposes of this Ordinance is 20 bounded by the centerlines ofthe following public roadways: 21 A. I l I n Avenue on the North; 22 B. U.S. 41 on the 23 C. 91" Avenue on the SoUth; 24 D. Vanderbilt Drive on the West. 25 26 SECTION FOUR: PERMIT REQUIRED AND I~ROC£DUI~ 2'/ No owner ot'· parcel of property may install · drainage culvert including'pipes or other 28 appurtenances in the swales in the public rights-of, way within the Naples Park Subdivision 29 unless a permit is obtained. The o~'ner of' · parcel of property, or duly authorized agent. 30 (bemintfl~r referr~ to as "Owner" or "Permittee") shall apply for a right-of-way permit pursuant 31 to the procedures set for in Ordinance No. 93-64, as it may be amended from time to 32 successor ordinmes. I SECTION fiVE: RECORD KEEPING OF COUNTY 2 The County Transportation Dcpartznent will keep a record of all right-of, way use permits 3 in the Naples Park subdivision for the enclosur~ of swales and will prepare an annual report 4 which will be sent each January to the Florida Dcpartmcflt of Environmental Protection (FDEP). $ or its successor, ii'requested. 6 SECTION SIX: RESPONSIBILITIES ASSUMED BY PERMITTEE 7 Permit~ee will utilize the services of a contractor pmi~rly licensed to perform this type of 8 work in Collier County. The Pcrmit~ee is responsible for payment of all construction for the 9 swale enclosure. Permittee will also pay for all costs required to repla~ mining, damaged or I0 deteriorated piping and related materials in the future. If the County is r~cluited to replace I I missing, damage or deteriorated piping because of health, sat'ety and welt'are considerations, the 12 Permittee or his/her successor will pay the County all costs incttrred by the County a~er WT~tten 13 notice ot'the costs is provided by County to the Permit~ee. 14 SECTION SEVEN: TYPE OF' MATERIALS ACCEPTAJ3I.,E FOR USE I $ The Permirtee shall provide a copy of the drawing of the swale enclos'u~ to the County, 16 which shall comply with the approved design of swale enclosLu~s prrpazed by the consulting 17 firm of Agnoli, Baz~-r, and I3rundage, Inc., a copy of which is attached ss Exlu~it "A" (dated 18 Rev. 4/11/97) and incorporated herein by reference. 19 A. The Permirtee shall design the enclosure using this design unless otherwise 20 approved by the County. 21 B. The materials used by Pen~ittee or its agent shall meet Florida Depar~ent of 22 Transportation quality standards. 23 C. The use of galvanized corrugated metal pipe will not be permitted. Approved 24 pipe materials shall include slotted reinforced concrete pipe (Class II1), perforated smooth 25 interior-walled high density polyethylene pipe, or perI'omed aluminized steel Typa 2 spiral rib 26 pipe (14 gage minimum). 27 28 29 30 I SECTION EIGHT: SIZE OF PIPE REQUIRED 2 The size of pipe shall vary between locations, depending upon the s~.et address. 3 following list provides pipe sizes for the various street a~d blocks: The $ 91" Ave. N. 500, 600, 700, & g00 18" diameter 6 92d Ave. N. 500, 600, 700, & gOO I $' diameter 7 93" Ave. N. 500, 600 & 800 1 $ ' diameter 8 700 24' diameter 9 94* Ave. N. 500, 600 & 800 I 8' diameter I 0 700 24" diameter 11 95' Ave. N. 500 24' diameter 12 600, '/00, & 800 ! 8' diameter i 3 96. Ave. N. 500 24' diameter ! 4 600, 700 & 800 i 8' diameter 15 97' Ave. N. 500 24" diameter 16 600, '/00, & gOO 18' diameter 17 98' Ave. N. 500 24" diameter 18 600, '/00, & 800 18" diameter 19 99' Ave. N. 500 & 700 24" diameter 20 600 & gOO ! 8' diameter 21 100' Ave. N. 500 & 700 24' diameter 22 600 & 800 ! 8' diameter 23 101' Ave. N. 500 & 700 24' diameter 24 600 & 800 i 8' diameter 25 102'~ Ave. N. 500 & 700 24" diameter 26 600 & 800 18' diameter 27 103'~ Ave. N. 500 & 600 24" diameter 28 700 & 800 18" diameter 29 104' Ave. N. 500 & 600 24" diameter 30 700 & 800 18" diameter 31 105' Ave. N. $00 & 700 24' diameter 32 600 & 800 18" diameter 33 ! 06' Ave. N. 500 & 700 24" diame~n, 34 600 & 800 18" diameter 35 107~ Ave. N. 500 & 700 24" diameter 36 600 & 800 18' diameter 37 108' Ave. N. 500 & 700 24" diameter 38 600 & 8OO 18' diameter 39 i 09' Ave. N. 500 & 700 24" diameter 40 600 & 800 18' diameter 41 1 I0' Ave. N. 500 & 1100 18' diameter 42 600 & 700 24" diameter 43 i I 1' Ave. N. No new swale enclos~tres allowed. 44 Vandetbilt Drive (East side) 9 I" Ave. N. lo i 10~ Ave. N. 24' dia~i~et~ 45 110~ Ave, N. to 111' Ave. N. 18' dlamcter 46 6' Street N. All Blocks 18' diameter 47 7~ S~-t N. All Blocks 18" diameter 48 8' Street N. No new swale enclosures allowed. 49 50 * Note 19" · 30" sloffed pipe can be used in place of 24" diameter pipe when needed, l 2 6 ? 9 I0 i! 12 13 14 !$ 16 17 19 20 21 22 2~ 24 25 26 2? 28 29 30 SECTION NINE: INSPECTION OF PEP,,'HITTED INSTALLATIONS County Community Development Services staff will provide periodic inspections of the swale enclosure installations to ensure compliance with the right-of, way permit and this Ordinance. Within thirty days of completion of the installation, a final inspection must be made and notice of compliance provided to the County Transportation Department. SECTION TEN: TECHNICAL SPECIFICATIONS FOR INSTALLATION The installations must be in compliance with the following specifications: Location ofPro.nerty_ Comem and Water/Wnstewnter .Rerviee Line'-: Prior to issuance ora Right-of. Way Use Permit for swale enclosure, the property owner's contractor will locate the front lot property comer markers and the water and wastewater service lines. The County Water and Wastewater Departments shall be requested to mark the approximate line locations on the ground surface and the owner's contractor shall carefully uncover the lines to check for elevation conflicts with the proposed swale modifications. The Right-of-Way Use Permit application shall include this information. Ifa conflict occurs, the application shall contain adequate drawings and written statements to provide for a proper resolution of the conflict(s), including the possibilities of lowering/raising the utility service line(s) by the County Water and Was~cwater Departments staff. All costs to raise or lower the County utility service lines will be borne by the Permit'tee. Trenching: Excavation of the existing swale to accommodate the proposed underlain pipe and rock trench shall extend to provide a minimum ofone foot (1 ') of rock on both sides of the pipe, six inches (6") on the top and bottom of the pipe. and six inches of soil backfill over top of the rock trench. During the course of the construction activities, excavated material shall be placed in such a mariner as lo not restrict traffic movements along the s~'ect or avenue. Geotextile In~nlla6otl: A nonwoven geotextile fabric with a minimum weight of 4 ounces per equare yard (e.g. Mirafi NLI40, Typar 3401, Synthetic Industries P0451, etc.) shall be placed in the excavated trench to separate thc rock trench from the surrounding soil. Sufficient fabric shall be provided to allow for it one foot (1 ') overlap at all seams. A second layer of fabric shall be wrapped directly around the pipe with a minimum one foot (I ') overlap at ali seams. [reach shall be cons cted . ing · :ioriaa : Department of Transpormion certified No. $'7 stone. The stone shah be wmppod by thc : 1 2 3 4 $ 6 7 9 l0 II 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 29 30 layer ofgeotextile f.abric and shall extend a minimum of one foot (1 ') of.rock on both sides of.the pipe and six inches (6") on the top and bottom of the pipe. ~: After the bottom six inch (6"} thickness of.rock trench is placed, the inner layer of.fabric shall be placed in the trench and the pipe laid to proper irade. Ail pipe connections shall be secure and the inner layer of £abric ~'rapped completely around the pipe with a minimum one toot (1 ') overlap at all seams. Placement of.the rock trench around the :ides and over the top of.the pipe shall be performed with due care to prevent the movement of the pipe. For pipe utilizing bell and spigot connections, the bell shell be laid in the upstream direction of' flow. Placement ot'R~er~: Twelve inch (12") diameter minimum risers shall be i~talled to allow the shallow swale to discharge into the underlying pipe. The recommended configuration utilizes a manufactured '"1"' section but the use of Florida Department of.Transportation Type "C" catch basins are also acceptable when a manufactured "T" section is not available or the owner prefers the catch basin installation. The top of the riser shall extend six inches (6") above the bottom of.the swale. A cast iron slotted grate shall be installed at the top of.the riser. Where reinforced concrete pipe is used, the grate shall be placed in the pipe bell. Where other pipe materials are used, the grate shall be placed in a reinforced precast concrete collar sized to fit the grate and pipe material. Minimum dimensions for the reinforced precast collar are six inch (6") thickness and twenty-four inch (24") outside diameter (or 24" ~uare outside dimension). The precast collar will be mudded to the riser pipe and placed on compacted backfill material. Where neighbors enclose the swale, only one riser needs to be installed for each se~rnenl of.regraded shallow swale. Placement of £nd Berm: '~'hen the neighboring property utilizes an open swale system instead of an enclosed swale system, an end berm shall be constructed to separate the new regraded shallow swale from the adjoining open swale. The purpose is to force all of the water from the regraded shallow s~'ale to drain into the riser inlet and into the underlying perforated pipe. The top elevation of the end berm will be six inches (6") lgl,,her than the riser inlel. End Trentrnen! of Pi_ne.: When the neighboring property gglizes Ill opell swale system of.,. enc o,.d ,,,al, ,,,,,em., mi,ered end with co,,, be .ired at the etd of the pipe (unless the County's Right-of.V,'ay permit review delei,,,ines the 19~ation ! '7 I is not appropriate and delctes this mitered end section requirement) and the neighbor's swale 2 bottom shall be regraded {maximum bottom slope ot'4 horizontal to ! vertical) Io connect to the installed perforated pipe im,'efl (bottom inside elr,'ation). When the neighboring property 4 utilizes tn enclosed swale system, and either the pipes are different materials or invert elevations $ do not match, a Florida D,.-paflment of'Transportation Type "C" catch basin shall be utilized to 6 make the connection. This Type "C" catch basin will also function as the riser inlet. When the 7 neighboring property utilizes tn enclosed swale system, and the pipe materials and invefl g elevations match, the pipes shall be connected directly. 9 l:~ackf311in_~ and Re_~'ndln_~ ofRhallow -qwn~'~ Upon proper placement of the pipe within I0 the rock trench, the nonwoven geotextile fabric shall be overlapped a minimum of one foot (!') 11 across the top of'the rock and backfill sandy soil material placed a minimum orsix inches (6") 12 beneath the bottom of the shallow swale and regraded to the proper longitudinal and side slopes. 13 l~a,xim~u-n side slopes for the shallow (14" deep) rcgraded swale ire 3 horizontal to I vertical. 14 The longitudinal slope of the swale shall be directed toward the riser inlet(s). When n reinforced I$ concrete collar is used to secure the grate to the riser, the backfill material shall be thoroughly 16 compacted to prevent settlement and ensure that the collar can support any weight placed on the 17 grate. 18 Soddina and Placement oirgpr~nk]er~: Upon completion ot'regrading, the disturbed areas 19 shall be sodded with the same type sod as the remainder or'the yard, with the exception that 20 where Floratam sod is proposed, the owner must provide I'or adequate sprinklers to keep the rod 21 alive. Finished elevations must not project above the edge ofpavement and shall be in 22 conformance with the detail drawing prepared by Agnoli, Barber and Brundage, Inc. attached as 23 Exhibit "A". Sprinklers shall not be installed within the Right.of. Way. Any sprinkler 24 installations shall be on the owners property and shall utilize spray heads that can cast water 25 across the width ot'the swale. 26 SECTION EL£VEN: PE.N'ALTIES 27 Ir'any person fails or refuses to obey or comply with or violates any of the provision o1' 28 th~s Ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor 29 and shall be punished by a tm,- not to exceed Five Hundred Dollm ($$00.00) ot by/; 13 15 16 17 18 19 20 21 22 23 2a 25 26 27 28 29 30 31 32 ! imprisonment not to exceed (60) days in the County jail. or both. in the discretion of the Court. 2 Each violation or non-compliance shall be considered · separate offense. 3 Nothing herein contained shall prevent or restrict the County from taking such other 4 lawful action in any court o£ competent jurisdiction as is necessary to prevent or remedy tn)' $ violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, 6 an equitable action for injunctive relief ot aa action at law £or damages. 7 Further, nothing in this Section shall be construed to prolu'bit the County f~rom 8 prosecuting any violation of this Ordinance by means of Code Enforcement Boas'd established 9 pursuant to the authoriF of Chapter 162, Florida Statutes. I0 All remedies and penalties provided for in this Section shall be cumulative and 1 i independently available to the County and the County shall be authorized to pursue any and all 12 remedies set forth in this Section to the full extent allowed by law. SECTION TWELVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phr~e or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdins shall not affect the validity of the remaining portion. SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made · part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or rel~ered to accomplish such, and the word "ordinance" may be changed Io 'section", "article", or any other appropriate word. SECTION FOURTEEN: EFFECTI~,'E DATE This Ordinance shall become effeclive upon filing with the Department of State. 2 3 4 6 7 8 9 ~0 II 12 14 !$ 18 19 PASSED AND DULY ADOPTED by the Board of County Commi~ioners of Collier Cou~. Florida, l~is day of o 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved u ~o form and legal ~affi¢iency: "' ' ~di P. ~ion ~i~t Co~ Anom~ By: TIMOTITY L. HA,NC~ CHAIRMAN 24' OIt II'],.,~' SLOTTED ItCh, 1)~ ROOC 17~DiCH ~ 9~ALL K kCX)lr~ OIr TH~ III~ l~ l'~ C N.L~ SHALL K I~OTAT~ AS N~CE:SSMy TO ACC~T ll~ LAAC~ IMIt SI~ Pt~f~RA TE~ SaiOO1N I~TE)~C~-w~ t n~ t~H DEH~TY POL YETH~ Oft PERfOrATE2) AL~ $TEZZ TYPE 2 Si=TRW. RM ( 14 GAUGE MI~/MUV) ~ MAY ~E ~ AS AH ALTERtMZlI/~ 10 R~CED COHCItE?~ PM=t. BY: F'LA. REG. NO. 40254 AGNOLI, BARBER 6~ BRUNDAGE, 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA $4108 INC. P.E. COLLIER COUNTY' NAPLE~ FL(~OA 34112 NAPLES PARK SECONDARY DRAINAGE SYSTEM DATE: FEB. 10, 1997 SHEET: I OF ,3 REV. APRIL 11.1997 REV. DECEMBER 22, FLA. REG. NO. 40254 AGNOLI, BARBER Sc BRUNDAGE, INC. 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34108 COLLIER COUNTY tMPU~ fZMDA 34112 NAPLES PARK SECONDARY DRAINAGE SYSTEM DATE: FEB. 10, 1997 SHEET: 2 OF' 3 REV. APRIL 1~,I997 REV. DECEMBER 22.1~9C7,AD: 5900OEP. . I B~ FLA. REG. NO. 40254 AGNOLI, BARBER ,~ BRUNDAGE, INC. 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34108 P.E. COLLIER COUNTY NAPLES, F~RIDA NAPLES PARK SECONDARY DRAINAGE SYSTEM DATE: FEB. 10, 1997 SHEET: $ OF $ REV. APRIL 11. 1997 &CAD: 5900D~ R~V. DECE~eER ~. I~97 , I$ I II I I III I IJ I I IIII III I II II IIII II Ill IIII I IIII i~ KXEL'~Z%.'E S1:~142~%RY P. EQUEST TO APPROVE THE FINAL PLAT OF 'PELICAN STRAND REPLAT - TO approve the final plat of "Pelican subdivision of lands located in Section 19, 26 East, Collier County, Florida. Strand Replat - 4", a Township 48 South, Range CONSIDERATION Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Strand Replat - 4". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been'paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Pelican Strand Replat - 4" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. The fiscal impact to the County is as follows. The project cost is $61,570.40 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving & Grading - $ 2,300.00 - $59,270.40 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Sex-vices Revenue generated bythis project: Total= $4,022.78 Fees are based on a construction estimate E~ecutive Summary · Pelican Strand Replat - 4 Page 2 The breakdown is as follows= a) Plat Review Fee ($425.00 + $4./ac) -$ 465.36 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 236.48 Paving, Grading (.425% const, est.)- $ 652.88 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 709.42 Drainage, Paving & Grading (1.275% const, est- $1958.64 ~ROWTHMANAGE~g~T IMPACTt The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDAT~O~t That the Board of County Commissioners approve the final plat of "Pelican Strand Replat - 4" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. ~xecutive Summary 'Pelican Strand Replat - 4 Page 3 PREPARED BY: John R. HouldSworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JP.H: ew Date Date " / Date --- .. ,mm . ,,mm,J. mm ~v'~m~mm, m~, 'M,,,V ~,,,~llm j I U C°~ co CORIC~CR[ 14 .: c~ ,%' ( CONSTRUCTION AND lVlAINTEN~ AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this day of ,19 between Pelican Strand Ltd., a Florida Limited Partnership, hereinafter referred to as "Developer', and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "the Board". RECITALS 1. Developer h~, 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: PELICAN STRAI~ RIilPLAT - 4 . 2. Division 3.2 of the Collier County Unified Land Development Code alk, ws the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinai~er set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed the Required Improvements within 6 months from the date of approval of said subdivision plat, said infia.stmcture (wa~cr, sewer, drainage & roadway) improvements hereafter referred to as the required improvemc::'_,. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Cornn~issioners shah not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the developer shall tender its subdivision performance security in the amount of $19,941.39 which represents 10% of the lotal contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Cornmissio:~er~ to approve the subdivision plat for recording and grant prellmi~_ary approval of said plat. 4. The required improvements shall not be considered complete until a statement of subs~ntial completion by Developer's engineer along with the final project records have be.,.v furnished to be reviewed and approved by the Development Services Director for coml~4ia:-, e. with the Collier County Unified Land Development Code. '' 5. The Development Services Dkector shall, ~ithin six~ days of receipt of the statement of substmthl completion, eider: a) noti~ ~e Developer ~ ~t~t of i~ prel/m~ a~roval of ~e ~provements; or b) noti~ ~e Develo~r ~ ~t~i of its ~al to spprove ~e imp~vements, ~ere~ speci~i ~ose conditions which ~e Developer m~t ~lfill ~ order to obta~ ~e Board's acceptmce of~e ~provemen~s. However, ~ no event shall ~e Bo~d rede prel~ approval of~e ~provements if~ey ~e ~ faa cons~cted md submi~ed for appwval ~ accor~ce ~ ~e requ~em~ts of ~s A~eement. ~. ~e Developer shall ma~ all requ~d ~provemen~ for a m~m ~d~ of one year after p~lim~ approval by ~e Development Se~ice~ D~ector. After ~e one year ma~tenmce period by ~e Developer has te~ate~ ~e Developer shall ~tition ~e Dewlopment Se~ices D~ector to ~spect ~e ~provements. ~e Development Se~ices Director or his desi~ee shall ~spect ~e ~provements and, i~ fo~ ~o ~ still ~ compli~ce ~th Collier Co~ L~d De~elopmen~ CMe as reflected by final approval by ~e Board, ~e Board shall release ~e ten percent subdivision pe~o~ce secudW. ~e Developer's ~sponsibiiiw for ma~len~ce shall cont~ue ~ess or ~til ~e Board accepts mainten~ce responsibili~' for ~e Co~D'. 7. h ~e event ~e Developer shall fill or neglect to ~lfill its obligations ~der ~s A~eement, upon cenificalion of such bilge, ~e Co~W Adm~s~awr may call u~n ~e su~ivision pe~o~ance secu~W ~o sec~e completion, repa~ ~d ma~ten~ce of~e requked improvements. ~e Board shall have ~e ~t to const~ct ~d ma~ta~, or cause to be const~cled and ma~ta~ed, purser ~o public adve~isemen~ ~d receipt of accept~ce of bids, ~e improvements required here~. ~e Developer, as p~cipal ~der ~e subdivision pe~o~ce securiW shall be liable io pay ~d ~o ~de~ ~e Bo~d, upon completion of such construction, ~e Cmal total cost to ~e Bo~d ~ereof, ~clud~g, b~ not l~ited to, eng~ee~g, legal and cont~gent costs, together wi~ ~y d~ages, either direct or consequential, w~ch ~e Board may susta~ on accost of~e bilge of~e Developer to ;~ out all of~e provisions of ~is A~eement. 3. All of the te~s, coven~ts ~d conditions here~ conta~ed ~e and shall be b~d~g upon ~e respeclive successors ~d assi~s of the Developer. 2 IN WITNESS WHEREOF, the panics have executed this Agreement the day first above written. Pelican Strand, Ltd., a Florida Limited Partnership Wimess~- (Print name) ~t n~e) By: Pelican Strand Development ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COM~ISSIO~TM OF COLLAR COU~'TY, FLORIDA Approved as to form and legal sufficiency AssistS! CoWry Attorney Timothy ~,Hancock, Chairman REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF 'QUAIL WEST UNIT ONE, P. EPLAT BLOCK C SECOND ADDITION", AND TO APPROVE THE VACATION OF T~ PP. EVXOUS PLAT, QUAIL WEST UNiT ONE, ~PLAT BLOCK C, FIRST ADDITION, P~TITION AV-97-025 To approve for recording the final plat of "Quail West Unit One, Replat Block C Second Addition., and to approve the vacation of the previous plat Quail West Unit One, Replat Block C First Addition, Petition AV-97-025, a subdivision of lands located in Section 7, Township 48 South, Range 26 East, Collier County, Florida. CONSZDERAT~ON~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quail West Unit One, Replat Block C Second Addition". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. The required subdivision improvements were constructed and accepted under the original plat. The basis for this replat is to eliminate certain Special Preserve Easements which are no longer required. These easements will be eliminated through the vacation. Engineering Review Section recommends that the final plat of "Quail West Unit One, Replat Block C Second Addition. be approved for recording, and the Board authorize the vacation of the plat of Quail west Unit one, Replat Block C First Addition. FISCAL IMPACT, The fiscal impact to the County is as follows. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $950.00 Fees were paid in October, 1997. Executive Summary Quail West Unit One, Replat Block C Second Addition Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $450.00 b) Vacation Petition - $500.00 ~ROWTHMANAGEM%t~ IMPACTt The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney,s Office for the project. RECOMMKNDATION~ That the Board of County Commissioners approve the Final Plat of "Quail west Unit One, Replat Block C Second Addition., and approve the vacation of the previous plat, Quail west Unit one, Replat Block C First Addition, Petition AV-97-025, with the following stipulations: Authorize the recording of the Final Plat of "Quail West Unit One, Replat Block C Second Addition.# 2. Authorize the Chairman to execute the attached Resolution. 3. That the Clerk of the Circuit Court make notation of this action on the previous plat. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas- 'E; -Kuck, P. E; -- -- Engineering Review Manager Dona%-d.~. Arnold ~ Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date NIT R ::'6 E DEVELOPMENTS, COMMERCIAl. IN WESTERN COLLIER AN COUNT LLr~ CO COLI.J~ CO COE I(..%C~i ...-, 13,6.1998 ,1_ PETITION FORM FOR VACATION OF PLAT OCCURRI'NG SIMULTANEOUSLY-- WITH REPLAT (EXCEPT FOR ROAD RIGH'T-OF-WAY) Date Reoeived: .. Petitioner/Owner: 0uail West Limitea Address: 6289 Burnham Road City/State: ~aples. FL 3~119 - Petitio~ #= ~' 1%/' O.L~ Telephone:(941% 597 6311 zip Code: Agent: W, '~eFrv Cole, ?,£,, Hole. Montes & Associates. Inc. Address: 71~ 10th Str~e~ South Telephone: (941) 262 &617 City/State: Naples, FL ~&%O2 Zip Code: Location: Seotion 7 . Township &SS Range _26E Legal Description:_ See attached ~lat Subdivision: quail West Unit One. ReDla~ BIO~R C FirSt Addition Plat Book 27 , Page(s)~3- 15 Reason for Request: Vacation of portions of Special Preserve Easements ($.P.E.) to comply with SF~/4D and C0E permits. This will increase the builcable area of various lo=s. Current Zoning: PUD Does this affect density? ~ I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X No Signature of' Petitione~x~-Robert S. Hardy Date No As Authorized Aqent for Quail West~ Ltd. Printed Title Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Collier County Project Engineering Review Services of Community Development and Environmental Services Division Collier County Government Complex Naples, Fla. 33962 Telephone: (941) 643-8471 Legal Description of lands to be vacated: The entir~ plat of"Quail West Unit One, Replat Block C First Addition, Plat Book 27, Pages 13 - 1 $ ,JAN 0 6 1998 6 ? 10 11 ~ESOLUTION AL~THORIZING THE ACCEPTANCE OF QUAIL WEST UNIT O~. REPLAT BLOCK C SECO~ ADDITION, A REPLAT OF A P~tEVIOUSLY RECORDED PLAT ~NOWN AS QUAIL WEST UNIT ONE, REPLAT BLOCK C FIRST ADDITION, AND AUTHORIZING THE VACATION OF THE PREVIOUSLY RECORDED PEAT OF QUAIL WEST UNIT ONE, REPEAT BLOCK C FIRST ADDITION ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-025 k~EREAS. :he Board of County Commissioners of Collier County. 13 Florida, on July 23, 1996 approved the plat of Ouail West Unit One, IA Replac Block C Firs: Addition for recording; I$ 16 WHEREAS, ~uail West Lim/ted is rapist:lng Ouail West Unit One, 17 Replat Block C Firs: Addition and has filed for a replat of said 18 lands, and is peri:inning to vacate the original plat; and 20 WHEREAS, Ouail West Limited desires to vacate all of the 21 previously recorded plat as described in Exhibit A; and ~ WHEREAS, this parcel, the approved plat of Ouail West Unit One, 2d Replat Block C Second Addition is a replat of a previously approved ~ and recorded plat, Ouail West Unit One, Replat Block ¢ First Addi:ion. 26 and the filing amd recording of this approved plat shall not affect ~ access to lots previously conveyed under the 0uail West Unit One, 2S Replat Block C First Addition plat. . 30 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF 31 COU~'~Y CO~M!SSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of 32 Quail West Unit One, Replat Block C Second Addition. a =splat of a $3 previously approved and recorded plat, ~uail West Unit One, Replat ~ Block C First Addition, is hereby approved fo= recoiling and the 3~ dedications con:aimed on the plat of ~uail West Unit One, Replat Block 3~ C Second Addition are hereby accepted, and those lands described in 37 Exhibit A are hereby vacated. Said vacation shall become effective 35 upon records:ion of the subject plat. 40 BE IT FURTHER RESOLVED ~.%'~ O~DERED that the Clerk of the Al Circuit Court shall ~ke proper notation of this action upon the A2 previous plat and record a certified 'copy of this replac and a ~ cer:ifled copy of the vacation resolution in the Official Records of ~ Collier Coun:y. This Resolution adopted after motion, second and majority vote ~? favoring sa~e. ~9 ~0 DATED: St ATTEST: DWIGHT E. BROCK, CLERK 61 62 Approved as to form and legal 63 suff. icienc¥:/ 6~ '. i As ~ H on 67 Assistant Collier County A==o~ey 69 70 BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA By: TIMOTHY L. HANCOCK JAN o 6 I PETITION FORM FOR VACATION OF PLAT OCCURRING SIMULTANEOUSLY WITH REPLAT (EXCEPT FOR ROAD RIGHT-OF-WAY) -- Date Received: Petitioner/Owner: Quail West Address: 6289 Burnham Road City/State: Naples. FL 3&119 Petition #: ~' Telephone:(Q&t% 597 63t! Zip Code: ,, Agent: w. Terry Cole, P.E.. Hole. Montes & AssocAates. Inc. Address: 71) 10ch S~T,e~ ~outh Telephone:~ (9~t~ 262 City/State: Naples. FL 34102 Zip Code: Location: Section 7 . Township Ass Range 26£ Legal Description: See attached plat Subdivision: Quail West Unit One, Rcpla~ ~19~k C Firs~ Addition Plat Book 27 Page(s) ~3- 15 Reason for Request: Vacation of portions of Special Preserve Easements (S.P.E.) to compl~ wich SFWMD and COE permits. This will increase che buildable area of various lots. Current Zoning: PUD Does this affect density?. I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X No Signature of Petitioner-Robert S. Hardy Date No As Authorized Aqent for Quail Westt Ltd.. Printed Title Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Collier County Project Engineering Review Services of Community Development and Environmental Services Division Collier County Government Complex Naples, Fla. 33962 Telephone: (941) 643-8471 o 6 1998 ~ Description of lands to I~ vacated: The entir~ plat of"Quail West Unit Oho, R~lat Block C Fire Addition, Plat Book 27, Pages 13 - 15 I~JAN 0 6 1998 I~E~UEST TO APPROVE THE FINAL PLAT OF "BOU~AIN VILLAGE" To approve the final plat of "Bougain Village", lands located in Section 18, Township 50 South, Collier County, Florida. a subdivision of Range 26 East, ~ONSIDERATION~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of 'Bougain Village". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in confo~.mnce with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of 'Bougain Village" be approved with the stipulation that the final pla= not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISC~ IMPACT~ The fiscal impact to the County is as follows. The project cost is $37,930.00 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $30,750.00 b) Drainage, Paving & Grading - $ 7,180.00 The County ~ill realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by thio project: Total: $1,174.06 Fees are based on a construction estimate o $37,930.00 and were paid in October, 1997. JAN 0 6 1998 Executive Summary Bougain Village Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$437.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $153.75 Drainage Paving, Grading (.425% const, est.)- $ 30.52 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $461.25 Drainage, Paving & Grading (1.275% const, est- $ 91.54 GROWTH MANAGEMENT IMPACT, The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION~ That the Board of County Commissioners approve the final plat of "Bougain Village" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. Executive Summary Bougain Village Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer ~ngineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Donald W. Arnold PI~~ Services Director V~n/cen ~/~~A. C~t e r~h t or Co~,~,;,unity Development & Environmental Community Dev. and Environmental Svcs. Services DIVISION Date Date Date Date J.~H 0 6 1968 RAD(O ROAD 97092~-1 1 KL'LLE:R ENTRY LL'~L $1 AUTOHAU~ ~2 COU~R CO. GOVT. C~NI~R PARK AT SAN TA 4 ~£ OCT LOCAT/OVV 13 24 CSTA,~S ST. PeTI:R'S CA1Y~UC PWCS C,A,ROCU t7 ROY.. w~O0~, GlrC CLU~ RATTl. Z~SNA, Kr I.L'LY COUNTRY 2O 16 I.~JN'nNGTON HA~OCK ROAD 'S 21 .LOCATION MAP,., ORIGINAL SUBMrlTAL jSEP 23 1997 FORT MYERS SERVICE CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this _ -=. d~y of_ , 19._., between PORY' BOUGAIN, L?'p.~ hereinafter referred to as 'Developer" ' and the Board of County Commissioners of Collier County, Florida, herelnafer referred to as "The Board". 2 Developer has, simultaneously with the delivery of this Agreement, applied for the npproval by the Board of a certain plat of subdivision to be known as: BOUG,4IN VILLAGE. Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by ~,aid subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafer set forth, Developer and the Board do hereby covenant and agree as follows: 4 Developer will cause to be constructed: Water, sewer, drainage, access, buffer and Ii infrastructure serving BOUG,4IN VILLAGE within 3~ months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the mnount of ..-~"7Cl8.C~'~ ~ which amount represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval ofutid plat. The requited improvements sl~ll not be considered complete until a ~tatement of substantial completion by Developer's engineer along with the final project records have been fi~rnished to be reviewed and ,~pproved by the Development Services Director t'or compliance with the Collier County Land Development Code. 6 -/ The Development Services Director sh~II, within sixty (60) days ofreceipt ofthe statement of substantial completion, either: a) notify the Developer in writing of' his preliminary approval of the improvements; or b) notify the Developer in writing of' his refusal to approve improvements, therewith apecif3~g those conditions which the Developer most fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse pr 'ehmina~ approval of'the improvements if' they ate in fact constructed and submitted for approval in accordance with the requirements of'this Agreement. The Developer shall main~n all required improvements for · minimum period of' one year ~er preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Ltnd Development Code as reflected by final approval by the Board, the Board shall release the 10'4 subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of' such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursutnt to public advertisement and receipt of'acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be lisle to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all ofthe provisions ofthis Agreement. All of the terms, covenants and conditions herein contained ate and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 6 199 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly s:,-tho~ represemtives this ..... day of ,1~_... Si~ned, Sealed and Delivered in the presence of': ',~Von Boug~n, Inc., u C~n~r~l Pruner of' Pon Bougain, LTD., · l:lodda Limited Partnership ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER, COUNTY, FLORIDA By: T'unothy L. I-hncock, Chairman Approved --~ to form ~nd iesal sufficiency: ~L.D'~d C~ W~se~ Co~er County Attorney 3 I JAN 06199 REQUEST TO RETUP~ BOlteD # 400FL20~6 TO THE DELTOI~ CORPOI:t~TION FOR WORK A~SOCIATED WITH 'MARCO BEACH UNIT 24' TO return Bond # 400FL2056 to the Deltona Corporation. CONSIDERATIONs In September, 1979, Deltona Corporation posted a bond with the County for $50,000.00. The Bond was security for relocating a raw water line which was installed within a platted right-of- way. The right-of-way was otherwise unimproved and would serve the development of Marco Beach Unit 24. Subsequently, the lands within Marco Beach Unit 24 were deeded to the Department of Natural Resources and are now a part of the Rookery Bay Preserve. Therefore, these lands will not be developed, and the Bond is no longer required. FISCAL IMPACTI None iMPACT: None RECOMMENDATIONs That the Board of County Commissioners release Bond # 400FL2056. PREPARED BY: John-R. HSuldswbrth, Senior Engineer Engineering Review REVIEWED ,BY: Thomas E. Ku-ck, Engineering Review Manager Donald ~. Arnold Vincen-t: A.~' Ca-'utero, ~ Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date Date JAN 0 6 1 98 ST. PAUL FIRE AND HARINE INSURANCE COMPA~IY BOND ! 400rL2056 · RNOW ALL MEN BY TIll:SE PR£S£NTS~ THAT WE, THE DELTONA CORPORATION~ · Del·ware corporation, authorized to transact business in the State of Florid& (herein- . after called the ·Principal'), an~f~T. PAUL FIRE AND MARINE INSURANCE COMPANY, · surety company ·uthorized to do business in the State of Florida (hereinafter called the "Su~e~y"}, ate held and firmly bound u.to the BOARD OF COUNTY COHAtISSIONERS, COLLI£R COUNTY, FLORIDA, in the penal sum o~ FIFTY THOUSAND DOLLARS ($$0,000.00), the payment of which we bind ourselves, our succes- sors, and assigns firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the Principal proposes to construct a raw water Fumping station within the platted right-of-way of Collier County, located on that certain parcel of land lying in and being a portion of Cornell Drive of Marco Beach Unit 24~ according to the plat the:eof as recorded in Plat Book 10, Pages 1 through inclusive o~ the Public Records of Collier County, Florida, being more particularly described in Exhibit "A", attached hereto and by reference made a part hereof and whereas Principal is to relocate the raw water pumping station in the future if it becomes necessary £o= Collier County, Florida to utilize its platted right-of-way. NOW, THEREFORE, the conditions of this obligation ere such that if Principal shall vacate and replat the area described in Exhibit "A", aD that the raw water pumping station is no lo·get located within the platted right-Of-way of Collier County, Florida, then this obligation shall be null and void; otherwise, the same shall remain in full force and effect. estim&ted cost o! $S0,000.00 to rsioca~e the raw water pumping I~a~£on, tn order that th£s bond may be adjusted at: such ~Lme as £t: ks renewable, to re[ie¢~ the actuaI cost o£ such reIocation. t:hese pz~elente t:hil _ 2?thda¥ oZ . . A.ugvs~: ,., Address: 3250 s.,. Third Avenue Miami, Florida Secretary Address: St. Paul ST. PAUL F~P.E AND MAR~N£ INSUJ~ANC£ COrlPANY ~?.E~tRY ( C · WALTON, Attorney-in-Fact -2- JAN 0 6 JAN 0 ~ 1998 ASSIGNMENT AGREEMENTS FOR EASEMENTS FIDDLER' S CREEK, PHASE lB, UNITS ONE AND TWO OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing'Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreements for easements for the water and sewer facilities. CONSIDERATIONs: 1) The Developer of Fiddler's Creek, Phase lB, Units One and Two, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on December 11, 1997, in accordance with Ordinance 97-17. 3) The Assignment Agreements for the easements have been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreements for the easements for Fiddler's Creek, Phase lB, Units One and Two. Executive Summary Fiddler's Creek, Phase lB, Units One and Two Page Two PREPARED BY: · /~¢~ ~., / · ' Shirley Nix, Engineering Technician Engineer'ing Review Services II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Donald W. Arnold, AICP Plan?i.n~ Services De, Director V~'n~eht~A. Cautero, AICP, hd~.nistrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Da~e Date Date '/ Date' GULF OF MEXICO i~P~ONS~P OmV~. TE COLLIER LOCATION__~_AP_ LEGAL DESCRIPTION: Section 14, Township 51, Rang, ASSIGNMENT ~GREEHENT THIS ASSIGNMENT AGREEMENT made and entered into this day of , 1997, by and between the FIDDLER'S CREE~ COMMUNITY DEVELOPMENT"DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as ,'Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as ,,Assignee"). WHEREAS, Assignor is the Grantee under that certain Assignment of Reservations and that certain Utility Easement ("Utility Easement") from Gulf Bay 100, Ltd. and Parcel Z, Inc. d/b/a 951 Land Holdings Joint Venture ("951 Land Holdings") to Assignor concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water anB sewer facilities lo~a~ed within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Bill of Sale and Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights Assignor as the Grantee in said Utility Easement as to said water and sewer utility facilities. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification: Additional Assurances. No change, amendment, modification or cancellation of any part o~ Fddlcri~l, lu]~,%Um~ I I B'.ass,V,I JAN 0 6 Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindina Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assiqns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: STATE OF FLORIDA COUNTY OF COLLIER FIDDLER'S CREEK DEVELOPMENT DISTRICT COM~IT¥ Its Vice Chairman 1997. The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford 01son , as V~ce Ch~m~n of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District who is personally known to me. WITNESS my hand and official seal thin'day of,7-~% -, 'N-ota~y PubLi~- ., . Print Name .~'~-~~ tL~n~'~4~tC]:J~- My Commission ~xpires;: 2 ASSIGNEE= ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to from and legal sufficiency, Ashistant County Attorney BY: Timothy L. Hancock, AICP chairman STATE OF FLORIDA ' · COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known to me to be the Chairman of the Board of County Commissioners~ Collier County, Florida, As The Governing Body of Collier Count~ and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this . day of ., 1997. (Notarial Seal) Notary Public Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 (941) 566-3131 Fi41d]r,n~l. I B~,ssqm .Air ABSIGNMENT OF RESERVATIONS THIS INDENTURE made =his day of ., 1996, between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its General Par=nar'Gulf Bay 100, Inc., a Florida corpora=ion), and Parcel Z, inc., a Florida corporation, Jointly d/b/a 951 Land Holdings Join= Venture, a Florida general partnership (hereinafter referred =o as "Developer" and "Owner"), and Fiddler's Creek Community Development "DISTRICT"). Dis=tic= (hereinafter referred =o as WITNESSETH WHEREAS, Developer and Owners, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration =o them paid by District, the receipt and sufficiency of which is hereby acknowledged, do hereby gran=, convey, assign, transfer, and se= over unto the District, its legal representatives, successors, and assigns, for the purpose of providing certain public facilities, including but no= limited =o wa=er and sewer, all rights and privileges =ha= Developer and Owners have or may have under =he laws of the S=a=e of Florida, or otherwise, and all right, title and in=eras= of Developer and Owners in, to, and under each of =hose certain reserve=ions dealing with said water and sewer utility facilities and =hose certain wa:er and sewer utility easements identified and se= forth on =hose certain Plats specified in Exhibit "A" ak=ached hereto and medea part hereo~, ~~'d~ ' in Collier Coun=y, Stare of Florida (The Reservatio s)JAN 0 6 1998 TO HAVE AND TO HOLD said reserve=ions unto the District, its legal representatives, its successors and assigns to and for its own or their uses forever with =he right of substitution and subrogation of the District in and to all covenants and heretofore given or made in respect to said Reservanions or & thereof to the eX=eh= said covenants and warranties are assignable or can be enforced, a= =he District's expense, for ~he Dil~ric~'s benefit. Developer and Owners do for themselves and ~heir l~qal representatives, successors and assigns, covenan~ to ,nd wl~h District, its legal representatives, successors and assigns they are the lawful owners of =he Reservations; ~ha= Reservations are free from all encumbrances except as herein; and that they have good right to assign the Reservations, and =ha= =hey will warrant and defend the Assignment of Reservations unto ~he Dis=tic=, its legal representatives, successors and assigns against =he lawful claims and demands of persons whatsoever. IN WITNESS WHEREOF, Developer and Owners, have caused this Instrument to be executed by its duly authorized agents, and its Corporate Seals affixed hereto. Page 2 of 5 igned,sealed and delivered 951 LAND HOLDINGS JOINT VENTURE, a n our presence: Florida General partnership By: GB 100, LTD., a Florida Limited partnership By: GB 100, INC., a Florida corporation, as General Partner and on behalf of itself Mar~ STATE OF I HEREBY CERTIFY that on this day before me, an officer duly qualified ~o take acknowledgments, personally appeared Mark J. Woodward, as Vice President of Gulf Bay 100, Inc., a Florid~ corporation, on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership, =o me known to be the person(s) described in and who executed the foregoin? instrument and acknowledged before me that he executed the same. WITNESS my h~nd and official seal in the Coun=y and State aforesaid thin--day of ~-_~ut~ , 1997. Prin~d Name ~ Co~ission No. My Commission Expires: Paqe 3 of 5 tJRC~ tL,CX:~dMO, f,,:J,t~$ ~ L,.OrOM VO m 2~2 3S? S4SI ~90'P,~J'-24 ~,e~4e 1322. P.2s Wig. ness (,~'ano, :President STATE OF NEW YORK COUNTY OF NEW YORK _ I RER~Y CERTIFY the= on ~his day Presiden~ of Parcel Z, Inc., a Florida corporation, aforesaid ~s ~ of ~ , ~996. (SFAL) Printed Name Commission No._ ,e fddt &'T~A f i f t~! t1:ll%KM ~ If% IN Pa~e 4 of S FIDDLER'S CREEK COMMUNITY DEVELO~ DISTRICT STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY thaC on chis day ~efore me, an officer duly qualified co cake acknowledgments, personally appeared Clifford 01son , and Are Woodward . , Vice Chair~- . - and ASSilcanc Secreca~ . _ of the Fiddler's Creek CommunlCy Development District, a uniC of special put'pose government organized and existing under the laws of the State of Florida, Co known to be the persons described in and who executed the foregoing instrument and acknowledged before me ChaC they executed Che same. WIT~ESS m% hand and offic.~ial seal in She County .and State Iasc aforesaid Chi~[_~ day of ..),~|v~ ....... , 1996 ~ L)m~ W~s (S AL) ~&l~ AR Y PUBLfC 'J . Prin{ed Name~ Commission No, My Commission Expires: p ~,Mter~tl~l t I ty~,~l t 1. ll~tsst p%lleo Page 5 of 5 Tract I~ &nd all C.U.F...'s ~s r~corded on the plat of Fiddle's Creek, Pbzse lB, Unit One, Plzt Book 25, Pz~es 25-$8 of the Public l~ccords of Collier County, Floride. T,h~s initru~en~ praplrld by~ Mar~ ~, ~oodvard ~ocdvird, P£rel & Lonbsrdo, ~.A. 801 Laurel 0a~ Drivt, SULfa 640 Naples, Florida 34108 THIS EASE~F~T, stinted thl? ..... day of =uly, 1997, by Gul£ Bay 100, LTD., a Florida Limited Partnership, Ind pARCEL Z, INC., a Florid· corporation, d/b/I 951 LAND HOLDINGS JOINT VEHTt~E, its successors and assigns, is Grantor, in favor of ~he FIDDLER'S CP~KK COM~qITY DEVELOPMENT DISTRICT, ire succlssors and assigns, aa Gr&n~ie. WITHESSETB: ThiC chi Grantor for ind in considers=ion of ~hs sum of ten dollars (S10.00) and och·r vlluable consideration Paid by the Grantee, receipt of which ii hlrib¥ acknowledged, hereby convlys, grants, berql£ns and lllll unto the Gran~ee, ~s successors and assigns, I perpetual, non-exclusive elsemen~, license, and privilege co enter upon and Co install and maintain wirer and sewer utility facill~iel, in, on, over and under ~he following described lands being located in Collier County, Flor~ds, See attached Exhibit "A" wAlch is incorpora~ed herein by reference. TO HAVEA~DTOHOLDthe same unto Chi Grantee and l~e assigns, ~oqe~her vl~h ~he right to enter upon slid lind, excavate, and take nacerials for the purpose of constructing, spiriting, end maintaining vicar ind sever u~ilit¥ facilities cherish. Grantor and Grantee art used for singular or plural, ia Chi conCex~ requires. I~ ~IT~ESS ~HZ~EOF, ~RA~TOR has caused ~hese presence ~o h( executed Chi date and year f~rsc above written. .o Signed, sealed and delivered in Chi presence of: STATE OF FLORIDA COUNTY OF COLLIER 9SZLAND HOLDINGS By: By: Gulf Bay 100, LTD., · Florida Limited partnership Gulf Bay 100, Inc., · Florida corpora~ion, as General Partner and on behalf of itself Vic~"P[is ldenC The foregoing Utility Easemem~ vii acknowledged before Hark ~. woody&rd, Vice President of Gulf Bay 100, lac., a Flor;~ corporation, on behalf of Gulf Bay 100, Inc. and as General on behalf of Gulf Bay 100. Lcd., s Florida limited partnership. is person&ll~ known Co me and did nec Cake in each. WITNESS my hind and official ~ , 199~* /l~tLit~ttl.ll~ttttv.l~ Page 1 0~2_ E corporation fldttlPlVA I t f tlNllftl, trd/t I ti W. ill 0 6 199i~ ~:/~-/ Tnct R and all C.U.E.'s as r~cord~ on the plat of Fiddler's Creek, Phase lB, Unit On~ Plat Book 28, Pages 35-35 of the Public l~ccords of Collier County, Florida. ~Xnl.71S%Wl,%I g93~313:~'f,'TCSm 1 lm I '/0"/It~.doc JAN 0 6 19.= ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this day of , 1997, by and between the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as -Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). W~EREAS, Assignor is the Grantee under that certain Assignment of Reservations ("Utility Easement") from Gulf Bay 100, Ltd. and Parcel Z, Inc. d/b/a 951 Land Holdings Joint Venture ("951 Land Holdings") to Assignor concerning certain water and sewer facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water and sewer facilities loc=ted within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Bill of Sale and Warranty Deed, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and W~EREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement as to said water and sewer utility facilities. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governinu Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification: Additional Assurances. No change, amendment, modification or cancellation of any part of this JAN 0 6 Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindina Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the data and year first written. ASSIGNOR: STATE OF FLORIDA COUNTY OF COLLIER FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Clifford Olson I~:s ,,yice ChaSr~an The foregoing Assignment Agreement was sworn to and subscribed before me by Clifford Olson , as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behal~ of the Fiddler's Creek Community Development District who is personally known to me. WITNESS my hand and official 1997. seal this C~-day of ~~__, Print Name~]%,3~- ~_~d4~ t~ My Commission ~xpires: F'ddJffu~U~J~.Ut~2. I B~Au~u.Asr Pbm Il. Umt 2 2 ATTEST: DWIGHT E. BROCK, Clerk App.roved as to from and legal sufficiency As~sis%an: County Attorney ASSIGNEE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS .' THE GOVERNING BODY OF COLLIER'. '~'.' COUNTY AND AS EX-OFFICIO THE .. GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Timothy L. Hancock, AICP Chairman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid ~0 ~ake acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known to me to be the Chairman of the Board of County Commissioners,~ Collier County, Florida, As The Governing Body of Collier County~ and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Co~iss~oners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State las= aforesaid this day of , 1997. (Notarial Seal) Th~s ~nstrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 (941) 566-3131 Notary Public Print Name: My Comm£ss~on Expires: ASSIGNMENT OF RESERV~TION~ THIS INDENTURE made this day of , 1996, between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its General Partner Gulf Bay 100, Inc., a Florida corporation), and Parcel Z, inc., a Florida corporation, Jointly d/b/a 951 Land Holdings Joint Venture, a Florida general partnership (hereinafter referred to as "Developer" and "Owner"), and Fiddler's Creek Community Development "DISTRICT"). District (hereinafter WITNESSETH referred ~o as WHEREAS, Developer and Owners, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to them paid by District, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors, and assigns, for the purpose of providing certain public facilities, including but not limited to water and sewer, all rights and privileges that Developer and Owners have or may have under the laws of the State of Florida, or otherwise, and all right, title and interest of Developer and Owners in, to, and under each of ~hose certain reservations dealing with said water and sewer utility facilities and those certain water and sewer utility easements identified and set forth on those certain Plats specified in Exhibit "A" at=ached hereto and made a part hereo~l in Colli.r County, State of Florida (The__ Reserva~o~s).~~8 ~J G~98 Page I of TO HAVE AND TO HOLD said reservations unto =he Dis=rio=, its legal representatives, its successors and assigns =o and for its own or ~heir uses forever with ~ha right of subs=itu=ion and subrogation of =he Dis=tic= in and =o all covenants and warranties heretofore given or made in respect =o said Reservations or a par= ~hereof to =he extent said covenants and warranties are assignable or can b~ enforced, a= the Distric=~s expense, for =he Dis=rictus benefit. Developer and Owners do for themselves and their legal representatives, successors'a'nd assigns, covenant %~ and with =he District, its legal representatives, successors and assigns =ha= ~hey are the lawful owners of =he Reservations; ~ha= =he Reservations are free from all encumbrances except as s~ herein; and that they have good right =o assign ~he Reservations, and that they will warrant and defend =he Assignment of Reservations unto =he District, its legal representatives, successors and assigns against the lawful claims and demands of all persons whatsoever. IN WITNESS WHEREOF, Developer and Owners, have caused this Instrument to be executed by its duly authorized agents, and its Corporate Seals affixed hereto. Page 2 of 5 ~lgned, sealed and delivered ~n our presence: 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 100, LTD., a Florida Limited Partnership By= GB 100, INC., a Florida corporation, as General Partne= and on behalf of itself : Mark~dward, Vice President STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mark J. Woodward, as Vice President of Gulf Bay 100, Inc., a Florida corporation on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my ~.~n~ and officia.~seal in the County and State last aforesaid this~~day of \~,~l..-..~. , 1997. (S~L) Printed Name J Commission No. My Comm~ssion Expires= Paqa 3 of 5 I JAN061998 ! W~ness PARCEL Z, INC. STATE OF NEW YORK COUNTY OF NEW YORK I mnY CnTZF~ that 'oh this day before me, ~ officer duly qualified to take acknovledgnents, pe=sona11¥ appeared T. Sane, as President of Parcel Z, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instru~ent and acknowledged before me that he executed ~hl same. WITNESS my hand offlcial seal in the County and State las~ aforesaid this ~*~ a~¥ of .T,~ ,,,, ~996. (SEAL) N~TARY PUBLIC Printed Name Commission ~o., .... My Commission Expires: ~{ef'y ~ State of New M Ho, 02MASO~2~% C~if3ed in Wesu~eate~ Couflty'~ Page 4 of S ATTEST: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By:~ As i~s: V$~e Chairman .. STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY =ha= on =his day before me, an officer duly qualified =o rake acknowledgmen=s, personally appeared Clifford Olson , and ArC Woodvard ,, Vice Chairman _ ~nd A~siacanc Sec~eca~7 of ~he Fiddler's Creek Communi~y Developmen= Dis=tic=, a umi~ of special purpose governmen= organized and exis=ing under =he laws of ~he SCare of Florida, =o me known =o be =he persons described in and who executed =he foregoing insCrumen= and acknowledged before me =ha= =hey execu=ed ~he same. WXTNESS my Band and offi~__a~lseal in =he Coun=y ~nd S=a=e las= aforesaid ~hisC~day of [~ , 1996 NOtArY PUBLf~'~ (S~L) Prin=e~ Name J Commis~ion No. My Commission Expires: F fcldters~Jt I t ~ ty%Urd t]. ~B~Ass{ g~.Res Page 5 of 5 JAN 0 6 1998 Tract R. and all C.U.£.'s as recorded on the plat of l:iddler's Creek, Phase IB, Unit Two, Plat Book ~ Pal~cs ,/-~ ~/~ , of thc Public l~ecords of Collier County, Florida. ~L-rn..7 $ S~W3'%i99:3~9213~W'r'C~xallm2?0716.dec ~1~~ JULY 28, 1997 ~ & ~,socu~s. tHC. REF. DWG. B-2104 ~s sure. oas PAGE 1 OF 2 A 15.00 FOOT ~DE S~IP OF ~ND LOCATED IN A PORTION OF SECTIONS 14 AND 23, . To, SHIP 51 SOU~, ~GE 26 ~ST, COLLIER COUNt, FLORIDA, BEING MORE - p~CU~RLY DESCRIBED AS FO~OWS: COMMENCE AT ~E MOST SO~S~RLY CORNER OF ~CT U-I, OF FIDD~'S CRE~ p~SE lB, UN~ ONE, ACCORDING TO ~E~T ~EREOF RECORDED IN B~K 28 AT PAGES 35 ~ROUGH 3~ OF ~E PUBLIC RECORDS OF CO~IEE COUP, ~ORIDA; ~CE RUN S. 74'51'50' W., ALONG ~E sobERLY BOUNDARY OF ~lO ~CT U-I, FOR A DIST~CE OF 30.00 FE~: ~ENCE DEPAR~NG ~E BOUNDARY OF ~ID T~CT U-I, RUN S. 12'16'25' E, FOR A DtST~CE OF 8.01 FE~ TO ~E ~ . HEREIN DESCRIBED; ~ENCE RUN N. 74'51'50' E. GINNI~ OF ~E CE~RLIN~ ...... ~,~,~,,~ A T~GE~IAL ClRCU~R ~ANCE OF 260,68 FE~ TO ~ =~"~'~'"'- OF CUR~, CONCA~ NOR~STERLY; THENCE RUN NOR~S~RLY, ALONG ~E ~C OF SAID CUR~ TO ~E LE~. ~NG A ~DIUS OF 958.00 FE~, ~ROUGH A cE~L ANGLE OF 04'07'52". SUBTENDED BY A CHORD OF 69.~ FE~ AT A B~ING OF N. 72'47'54' E., ~O~ ~.DISTANCE OF. 69.07 FEET TO ~E E~D OF ~1~ CUR~; ~NCE RUN N. 20 22 44 W. FOR A DISTANCE OF 53.36 FE~, ~ENC~ RUN 5. 20'='44' E., FOR A DIST~CE OF 53.36 FE~ TO A POt~ ON A ClRCU~R CUR~, CON~ NOR~STERLY, ~OSE ~DIUS POINT B~RS N. 19'16'02' W. A DISTANCE OF 95S.00 FE~ ~EREFROM; ~ENCE RUN NOR~S~RLY, ALONG ~C Of SAID CUR~ TO ~e LE~,'~NG A ~OlUS OF 95a.~ FE~, ~ROUGH A CE~L ANGLE OF 19'1S'~', SUB~NDED BY A CHORD OF 321.21 FE~ AT A B~RING OF N. 61'04'55' E., FOR A DISTANCE OF 32.73 FE~ TO ~E END OF 5AID CUR~; ~ENCE RUN N. 34'25'42' E. FOR A DISTANCE OF 13.~ FE~; ~ENCE RUN N. 49'25'42' E. FOR A DISTANCE OF 40.00 FEET; ~ENCE RUN N. 64'25'42' E. FOR A .DISTANCE OF 13.96 FE~ TO A POINT ON A ClRCU~R CUR~. CONCA~ ~oR~S~RLY. ~OSE ~D~US PO%.Z B~RS N. ~2'3429' W. A D~S~A~CE 958.00 FE~ THEREFROM; ~ENCE RUN NOR~S~RLY ALONG ~E ~C OF ~E ~ID CUR~ TO THE LE~, ~NG A ~DIUS OF 958.00 FEET, ~ROUGH A CE~L ~GLE OF 17'54'44', SUBTENDED aY A CHORD OF 298.28 ~ET AT A B~iNG OF N. 38'28'10" E., FOR A DISTANCE OF 299,50 FEET TO ~E END OF SAID CUR~; ~ENCE RUN N. 60'29'12' W. FOR A DISTANCE OF 41.30 FEET; ~ENCE RUN S. S0'2g'12' E. FOR A DISTANCE OF 41.30 FE~ TO A POl~ ON A CIRCU~R CUR~, CONCA~ NOR~STERLY, ~OSE ~DIUS POI~ B~5 N. ~0'29'12' W. A DISTANCE OF 958.00 FE~ ~EREFROM; ~ENCE RUN NOR~S~RLY, ALONG ~E ARC OF SAID CUR~ TO ~E LE~, ~NG A ~DIUS OF 958.00 FE~, ~ROUGH A CE~L ANGLE OF 09'40'11', SUBTENDED BY A CHORD OF lS1.49 FE~ AT A B~RING OF N. 24'40'42' E., FOR A DlST~CE OF 161.68 FEET TO ~E END OF SAID CUR~; ~ENCE RUN .. ~e'S0'37' E. FOR A D~ST~CE O~ ~Z.02 FEET: ~E~CE RU~ N. ~'50~' E. ~OR A DISTANCE OF 11.59 FE~; THENCE RUN N. 1g'50'37" E. FOR A DISTANCE OF 40.00 FEET; ~ENCE RUN N. 34'50~7' E. FOR A DISTANCE OF 11.59 FE~; ~ENCE RUN N. 19'50~7' E. FOR A DISTANCE OF 72.23 FEET; THENCE RUN N. 04'50~?' E. FOR A DISTANCE OF 11.59 FEET; THENCE RUN N. 19'50~7' E. FOR A DISTANCE OF 40.00 FE~: ~E~cE RUN ~. 3~'50'3~' E. ~OR A D~STA~CE O~ ~.5~ ~E~: ~ENCE RU~ N. ~9'50~' E. FO~ ~ D~STA~CE O~ 9~.93 ~EET: ~E~CE RU~ N. ~0'0923' W. FO~ D~ST~.CE O~ ~.~3 FE~: ~E~CE RUN S. 70'0923' E. ~OR A DISTANCE O~ 4~.~3 ~ENCE RUN N. 19'50'37 E. FOR A DISTANCE OF 194.14 FE~ TO ~E ~~ T~GE~IAL CIRCU~R CUR~, CONCA~ ~STERLY; ~ENCE RUN ALONG ~E ARC OF ~E SAID CUR~ TO THE RIG~, ~NG A ~ HMA PROJECT #93.152X JULY 28, lgg7 REF. DWG. B-2104 PAGE 2 OF 2 FEET. THROUGH A CENTRAL ANGLE OF 00'52'14'. SUBTENDED BY A CHORD OF 60.66 FEET AT A BEARING OF N. 20'16'44' E., FOR A DISTANCE OF 60.66 FEET TO THE END OF SAID CURVE; THENCE RUN N. 05°$6~J1' E. FOR A DISTANCE OF 18.36 FEET; THENCE RUN N. 20°36'31. E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 35'36~J1' E. FOR A DISTANCE OF 21.94 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 68'09'11" E. A DISTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF ~AIO CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET, THROUGH A CENTRAl. ANGLE OF 05o33"35', SUBTENDED BY A CHORD OF 387.21 FEET AT A BEARING OF N. 24°37'37' E., FOR A DISTANCE OF 387.38 FEET TO THE END OF SAID CURVE; THENCE RUN N. 12°51'40- E. FOR A DISTANCE OF 12.08 FEET; THENCE RUN N. 27'51'40' E. FOR A DISTANCE OF 40.00 FEET; THENCE RUN N. 42°51'40- E. FOR A DISTANCE OF 12.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 61°41~4' E. A OlSTANCE OF 3992.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3992.00 FEET. THROUGH A CENTRAL ANGLE OF 02'42'51e. ~U~TENDED BY A CHORD OF 189.10 FEET AT A BEARING OF N. 29'40~2' E., FOR A DISTANCE OF 189.11 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31°01'48, E. FOR A DISTANCE OF 18.08 FEET TO THE END OF SAID CENTERLINE; CONTAINING 0.939 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF TRACT U-1. OF FIDDLER'S CREEK PHASE lB, UNIT ONE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 35 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 74°$1'50- W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 By~P.S.M. #5628 THOMAS M. MUI~PH¥ ' STATE OF FLORIDA ,! 06 JAN 0 6 1996 MONTES · Aea-,~CI&TE$' INC. PROJECT HMA # 93.132 REF. DWG. # B-2102-1 SEPTEMBER 17, 1997 PAGE 1 OF 2 LEGAL DESCRIPTION: A PORTION OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE pARTICUlARLY DESCRIBED AS FOLLOWS: I COMMENCE AT THE sOUTHWEST CORNER OF THE NORTHEAST ONE.QUARTER OF SECTION IS.TOWNSHIP 51 SOUTH, RANGE 26 EAST, COM.IER COUNTY, FLORIDA: THENCE RUN N.00'lB'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1342.90 FEET: THENCE DEPARTING THE WEST LINE OF THE NORTHEAST ONE.QUARTER OF SAID SECTION 15, RUN S.89'41'19'E., FOR A DISTANCE OF 43.5.5 FEET, TO THE p__OINT OF BEGINNING_ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.45'16'43'E., FOR A DISTANCE OF 1T.54'FEET; THENCE RUN S.~9'13'35'E., FOR A DISTANCE OF 51.76 FEET; THENCE RUN N.88'28°59'E', FOR A DISTANCE OF 75.06 FEET; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 46.88 FEET; THENCE RUN S.70'44'05.'E., FOR A DISTANCE OF 103.2/, FEET; THENCE RUN S.46'14'05'E., FOR A DISTANCE OF 76.39 FEET; THENCE RUN S.66'44'05'E., FOR A DISTANCE OF 60.55 FEET; THENCE RUN S.89o15'35'E., FOR A DISTANCE OF 151.26 FEET; THENCE RUN N.65'lS'55'E-, FOR A DISTANCE OF 75.41 FEET; THENCE RUN S.74°14'05'E.. FOR A DISTANCE OF 17.55 FEET; THENCE RUN S.89°14'05'E', FOR A DISTANCE OF 34.10 FEET; THENCE RUN N.?$'4$'$$'E., FOR A DISTANCE OF 13.04 FEET; THENCE RUN S.89'14'05'E., FOR A DISTANCE OF 285.27 FEET; THENCE RUN S.74'14'05'E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.89'14'05'E., FOR A DISTANCE OF :38.03 FEET; THENCE RUN N.75o45,55'E., FOR A DISTANCE OF 13.23 FEET; THENCE RUN S.8g*14'O$'E.. FOR A DISTANCE OF 406.96 FEET; THENCE RUN S.74°14'05'E.. FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.69'14'05'E., FOR A DISTANCE OF 38.03 FEET; THENCE RUN N.75o45,55-E., FOR A DISTANCE OF 13.50 FEET; THENCE RUN S.89'14'05'E.o FOR A DISTANCE OF 189.82 FEET: THENCE RUN S.43'23'11'E., FOR A DISTANCE OF 43.39 FEET; THENCE RUN S.01'36'49'W., FOR A DISTANCE OF 90.99 FEET TO A POINT ON THE NORTHERLY RiGHT. OF-WAY LINE OF CHAMPIONSHIP DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.09°17'28'E-, A DISTANCE OF 1,209.67 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CHAMPIONSHIP DRIVE AND ALONG THE ARC OF SAID CURVE TO 't'HE RIGHT, HAVING A RADIUS OF 1,209.67 FEET, THROUGH A CENTRAL ANGLE OF 00°45'05'. SUBTENDED BY A CHORD OF 15.15 FEET AT A BEARING OF N.60°21'O0'W., FOR A DISTANCE OF 15.15 FEET TO THE END OF SAID CURVE; THENCE RUN N.01'36'49'E., FOR A DISTANCE OF 82.65 FEET; THENCE RUN N.43°23'11'w.. FOR A DISTANCE OF 30.83 FEET; THENCE RUN N.89°14'05'W.. FOR A DISTANCE OF 91.15 FEET; THENCE RUN S.78°08.16-W., FOR A DISTANCE OF 105.53 FEET; THENCE RUN S.79'46'25'W., FOR A DISTANCE OF40.65 FEET; THENCE RUN N.89°15'35'W., FOR A DISTANCE OF 419.19 FEET; THENCE RUN S.75'45'55'W., FOR A DISTANCE OF 13.23 FEET; THENCE RUN N.sg'14'05'W., FOR A DISTANCE OF 40.66 FEET; THENCE RUN N.74'14'05"W., FOR A DISTANCE OF 13.27 FEET; THENCE RUN N.89'13'35'W., FOR A DISTAN i,7- C'~i~.~/~;'~,~ '1~ THENCE RUN N.77*58'35'W., FOR A DISTANCE OF 157.48 FEET; THENC!F- RU P_'~ N.89'14'05'W., FOR A DISTANCE OF 91.98 FEET; THENCE RUN S.75'45'i~5'W., FOR A PROJECT lIMA # 93.132 REF. DWG. # B.2102-1 BEPTEMBER 17.1997 PAGE 2 OF 2 ~ '"~'~'"' ~'-. ' .... · · cE R~ N.46 14~5~.. F-r :A 89'13~.. r~ ~ __ · S~.. FOR A CE OF ~ 14 ~; ~CE R~N Ol~ ' · A DIST~CE ~ N S~ 1~5~., FOR F~ A ~ R · . ~ N.~ 4~.. ~ ~CE R · , ~.FORADlSTANCEOF 11~S~, . lNG 1.1~ACRES. SAS 18 4~ ._ _ ...... ~e e~ ~ OF BEGINNING; CO~AIN DIe'CE OF 15.00 P~ MO~ OR ~SS. ~lS PROPE~ sU~ECT TO ~SEME~S, RES~VA~ONS OR ~S~I~ONS OF RECORD. B~INGS SHO~ H~ON R~ER TO QU~ OF SEC~ON 15, TO'SHIP 51 SO~, ~GE 2~ ~ST, ~~ CO~, ~ORIDA AS BEING N.00'lB'41'E. HO~, MO~S ~ ASS~S. INC. c~FI~ OF A~ORI~ON BY~ P.$.M. #5628 STATE OF FLORIDA N OQ'~S'4~' r ~342 ,I I I I I I / I / t t t ! ! ! ! II REQUEST TO ApPROVE FOR RECORDING COMMERCE pARK WEST - UNiT ONE" THE FINAL pLAT OF ~CREEKSIDE t To approve for recording the final plat of .Creekside commerce Park subdivision of lands located in Section 27, Florida. est - Unit One", _a __ ~= ~-ot- collier countY, ~ownship 48 South, Kange ~ ~-- , · DERATION~ leted the CON$I - --view of the · - Re ' w Section has. comp_._~ ~4~ ~lat of ,Creekside En 1nesting ~le cifications, ~,u .... i- ~ n co 1lance g drawings, spe documents are i mt> construct~ ---t - Unit One". _T~es~_~ ~=ida State Statute N~i 1~7. A~ ..... ~^r to construct ..... ~ of the recruit recor the of 110 the i tenanc? impr~nta~d a Performance ~o~d. ~s~f~ 3.2.9. ~ecountY Land Development cooe - Engineering Review Section recommends that the final plat .Creekside Commerce Park West - Unit One" be approved for recording. FISCAL IMPACT~ The fiscal impact =o the county is as follows. The project cost is $948,947.00 (esti~ted) to be borne by the developer. The cost breakdown is ae a~ b) water a Sewer Drainage, Paving, Grading . $198,~50.00 . $750,637.00 which is 110% of the also includes security Fees are based on a $948,947.00 and were December, 1997. construction esti~ in Oct~be~ and _ _ paid i JAN 0 6 1998 The Security amount, for project cost, (and Lake Excavation) is $1,486,435.00 The county will realize revenues as ~ollows= Fund: community Development Fund 11~ Agency: County Manager Cost Center: 1~8900 - Development Services Revenue generated bythis proJect~ Total: $17,545.50 Executive Summary Creekside Commerce Park West - Unit One Page 2 The breakdown is as follows: a) b) c) Drainage, Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IM~ACT~ Plat Review Fee ($425.00 + $9./ac- $ 817.67 Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 991.75 Drainage, Paving, Grading(.425% const, est.- $3,190.21 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,975.25 - $9,570.62 Release approved The Concurrency Waiver and approval has been reviewed and Office for the project. relating to conditional by the County Attorney's RE~OMMENDATION~ That the Board of County Commissioners approve the Final Plat of .Creekside Commerce Park West - Unit One" with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of .Creekside Commerce Park West - Unit One." 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. PREPARED BY: John R. }{ouldsworth, Senior Engineer Engineering Review Date REVIEWED BY: · Date Engineering Review Manager Donal~ w. Arno-u Co.~,,uni=¥ Development & Env~ronmentaz COLLIER COU ,JOHNSON ENGINE RING, INC. ENGINEERS, SURVEYORS AND ECOLOGISTS NAPLES, FLORIDA o NOTES: CONSTRUCTION AND I%L~INTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION A~ND I%tAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into t_his _ day of · 1997, between CREEKSIDE WEST, INC., a Florida corporation, herein~r 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: Creek.side Commerce Park West, Unit One. 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 reDllations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in conmderatio of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer ~ill cause to be constructed: The paving, landscaping, drainage, potable water, irrigation water, sanitary sewer, and street lighting improvements for Creekside Commerce Park West, Unit One, within twenty-four (24) months from the date of approval of said subdi~dsion plat, said improvements hereafter referred to as the "required improvements". 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $1.486.435.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the esiimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the _~me required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvement. 4. The required improvements shall not be considered complete un61 a statement of substantial completion by Developer's en[Iineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance County Land Development Code. Page 1 of 3 : BOND 1839"/11 CREEKSIDE COMMERCE PARK WEST, UNIT ONE PERFORMANCE BOND' KNOW ALL PERSONS BY THESE PRESENTS, that Creekside West, Inc., a Florida corporation, located at 2640 Golden Gate Parkway, Suite 115, Naples, FL 84105, (hereinafter referred to as uOwner') and Amwest Surety Insurance Company, a corporation certified to do business in the State of Florida as a surety insurer and duly organized under the laws of the State of Nebraska, with its home office located at 6320 Canoga Avenue, P.O. Box 4500, Woodland I4111s, CA 91365- 4500 (hereinafter zeferred to as 'Surety') are held and firmly bound unto Collier County, Florida, (hereinat~er referred to as UCounty~) in the total aggregate sum of One Million Four Hundred Fifty-Nine Thousand Five Hundred Ninety-Five and 001100 Dollars ($1,486,435.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Ow-her has submitted for approval by the board a certain subdivision plat n_~_med Cree'kside Commerce Park West, Unit One, and that certain subdivision shall include spe~c improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obli_eation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceotance by the Board of County Commissioners of the soecific irnorovements described in the Land Develovment Reeulations (hereinafter the 'Guaranty period"). NOW, THEREFORE, ff the Owmer shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed spe¢i6c improvements shall in any way affect its obligation on this Bond, Page 1 of 3 JAN 0 6 199~ ~X'~tiCl ~ .~,e: tamat C-ebte ~e:l Chair~ra~/PirecCor ! : : I i PtinCe~ Name: AMW~ST ~.~TY ZNSURZst~CE' CO~.P;;NY ~e: STEPHEN A. MUR~ A~ORNEY IN ~ FA~ LZCEN~ED RESIDENT AGENT t Page 2 of 3 STATE OF FLORIDA COUNTY OF COT_Tnr-~ · I . lqQVE~4B£~ ,1997 b)' /_ ~ h.~.~' L~_~ ,. . ~ O~ ~~ _ ~=~o.~ ~. : O S~R~ ' STATE OF FLOFmA COUNTY OF _ The f=egoLug instr~,-eat wa~ ackncwlec~sd NOVEMBER ,1997 By STEPHEN, A. MUR~, iNSU~NCE COMPANY , a~ ~agon. ~ b~ ~ ~e Page 3 of 3 . ~_ _At. il~'. S.T , SURETY DATz 17-99 0000760492 This doc~n~t is ~n~ ~ ~i~ ~ c~n~l ~ ~ci~ ~ Iolo (~) of~ S~ I~ C~ ~ ~'~ ~ L ~1~ and hw~ul Attot~ey-ifl.f'act. w~th limited po~r ~nd lu~orit~ Ifa seal ts ~i~ on ~s. ufld~in~s. ~~. ~ ~f~ follo~ ~ up ~ S"~,~,~ b & Pe~ ~ds up to So*~,~.~ )blil,tiotu in and to bind ~e comixfly thereby. Tnb appoinu~m 1, the undenilm~cl secmm'y of'Amidst Sum force 8Ad eflrect &nd hu not been r~voked &nd f'ufl~ennort. proyisions of'the l~,...Laws of'the Comply,, m'e nov,' in full 1339711 Bond No. Sit,ed a se&Ted This POA is sisned a~d sealed by Compa~ at & Ine~tin& duly authorJ~ of'~he ¢ompa~ RESOLVT~D FURT'~R (i) ~ signed t~ (ii) wt~n si~d b~ ~ud~orL~d ~om~-i~a~ or (iii) ~ f~ a~l e~tct s Power ofA~or~' rt"~ Jn full on this Power of Arto~.. tad ~ ~lw rtlevJm ~ 0 Coh~ Secr,=~ · ® · · ® · · · o · · O tdopted by ~Ae lk~rd of Director3 ofAm~t Sut~. Izuum~ce 1975: ' Xssismflt Secret. may ~x)int Ittome~-b.~ct or ale,s for and off behalf of the Coml~ny. lo txec~ and delh~ nad of ali kinds; and said o~cefl fl~/rtmov~ any such 8mmx~...ifl- f'act or ~ ami d and bind upo~ tAe Compaq. · (ifa su] be rKluirtd) by in,/S~,cr~try or Asslstam .~.: or , or Assistant Secrtt~y. and countcntl~ed and sealed (tfa sea] be m~uir~) I~. a dui) ' one or more a~om~'s-in*f'act or afrnu p~'suam ~ a~d wJlAifl the limits of the a~.~on.%, e~ ideflced rt ofL%v outAorLyzd of'ricer ~ the scaJ of me Compaq/m~. Ix am,ed b) facsimile IO ~ POA or ce~cattofl theft'of authonzinS '.At execution and del ; bond. ufldcrukinl, rtcolninflce. or othe~ surr~Jhip obl,/ntio~ oflA~ Complfl.%. Ifld such $iF'.n~I lad SCM ~hen so used shall have ~Ae same force and effect u ~J~uf.h mafluilly I~l~ed. JAN 0 6 1998 JAN 0 6 1998t ~. [t9 JAN 0 6 199: EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISIONERS AND A LANDOWNERS' GROUP FOR IMPROVEMENTS TO THE PINE RIDGE ROAD/I-75 AREA. ~ Gain Board approval of a loint Participation Agreement between the County and several landowners in the vicinity of Pine Ridge Road and 1-75 for improvements to the 1-75 northbound off-ramp and the adjacent traffic signal system. CONSIDERATIONS: On July 25, 1995, the Board authorized an amendment to the Pine Ridge Road six-lane design contract with CH2M-HilI, the county's consultant for the project (Agenda Item 16B2, Attachment No.l). The amendment was for the purpose of reviewing modifications to the 1-75/Pine Ridge Road interchange area to resolve potential conflicts with the access to lands adjacent to the Napa Boulevard/I-75/Pine Ridge Road Activity Center area. The results of that study indicated that modifications could be made to the 1-75 ramp area and that Napa Boulevard/Pine Ridge Road intersection could be brought under signal control to facilitate traffic flow and access as a consequence of development in the area. The Cleveland Clinic ("Cleveland") has entered into an agreement (Attachment No. 2) with the developers of the Vineyards PUD ("Vineyards") to acquire about 37 acres of land located in the northeast quadrant of the Pine Ridge Road/I-75 intersection. As a consequence of this agreement, and to satisfy the need to provide adequate traffic flow and traffic control for this new facility, several of the adjacent landowners approached the County to enter into an agreement to share the costs of necessary improvements. These improvements include a modification to the northbound 1-75 off-ramp and traffic signal upgrades at the intersection. In addition, turn lanes and other main line improvements will be necessary to accommodate the traffic impacts of the proposed Cleveland Clinic Medical Center. An engineering study, as cited above, has been performed in conjunction with the six- lane design of Pine Ridge Road (CIE No. 041, Project No. 60111). The results of this analysis indicate that the traffic flow can be accommodated by reconfiguring the presently free-flowing traffic from the northbound 1-75 off. ramp so that it comes under control of the existing signal. Minor modifications would also be necessary for the signal. Since thc modifications will be performed as part of thc Pine Ridge Road six-lane improvements, the study further determined that a fair share contribution among all the parties affected, Cleveland, Vineyards, the County, and a fourth party, Crossroads Market, Inc. ("Crossroads"), would be an equitable distribution of the costs. Attachments: Ed Ilschner, Public Works Administrator T '- NO. '1 ' Agenda Item 1602, July 25, 1995 NO. 2 - Napa Boulevard, Pine Ridge Road Agreement Executive Summary APPROVE AN AGREEMENT FOR THE PINE RIDGE ROAD/I-7$ AREA Page 2 FISCAl. IMPACT: Thc total costs are estimated to be S70,926. The fair share contribution of the parties has been determined to be 1/3 Collier County and 2/3 the other three parties. These cost shares are as follows: Collier County 1/3 $23,642.08 Landowners 2/3 $47,283.92 Cleveland Share $23,642.08 Vineyards Share $11,821.04 Crossroads Share $11,821.04 Funds are available in Fund 33 I-163650-763100-60111. Construction is presently scheduled for FY 2000. {Road Impact Fee District 1 Fund 331-163650, North Naples) GRQW'I'H MANAGEMENT IMPACT: The proposed improvements are consistent with the Transportation Sub-element of the Growth Management Plan. RECOMMENDATIONS: Approve Ge Agreement between the County and the landowners and provide direction to staff to implement Ge provisions o£the Agreement. PREPARED BY:~ DATe ~ Edward J. ~or Engineer RE1/IEWED BY: /~-.-----'~-~ ~ DATB:/~/~,/~ ~ ~David F. Bobanick, Intt~irn T~rtation Services Director REVIEWED BY~ DATE:~ -- Ed Ii.brier, Pu lb ic Works Adminismator Attachments: No. 1 - Agenda Item 16B2, July 25, 1995 No. 2 - Napa Boulevard, Pine Ridge Road Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 NAPA BOULEVARD, PINE RIDGE ROAD AGREEMENT THIS AGREEMENT, made and entered into this .... day of ., 1998, by and between Vineyards Development Corporation, hereinafter called "VINEYARDS", Cleveland Clinic Florida (a non-profit corporation, as owner of Parcel B shown on Exhibit B, hereinafter called "CLEV£LAND-N.E.", Crossroads Market, Inc., hereinafter called "CROSSROADS", Cleveland Clinic Florida (a non-profit corporation) as owner of Parcel D shov,'n on Exhibit B, hereinafter called "CLEVELAND-S.E.", and Collier County, a political subdivision of the State of Florida, hereinafter called the "COUNTY". VINEYARDS, CLEVELAND-N.E., CROSSROADS and CLEVELAND-S.E. may hereinafter be collectively referred to as the "LANDOWNERS" WITNESSETH WHEREAS, the COUNTY has engaged an engineering consultant to perform a comprehensive engineering evaluation and traffic assessment study of the Pine Ridge Road, Napa Boulevard and 1-75 intersection areas, the findings of which study are in Exhibit A and call for modifications to the I-7-~ northbound off. ramp at Pine Ridge Road (the "PROJECT"), more fully described in Exhibit "C" attached hereto and made a part hereof, and which improvements will benefit the COUNTY and the LANDOWNERS whose benefiting properties are as shown on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, the COUNTY and the LANDOWNERS hereby agree to a joint sponsorship of the said PROJECT to meet the desired objectives of safe traffic mo.x.rd/I.ent.---. Page I of 5 ......... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 from northbound 1-75 to eastbound Pine Ridge Road while allowing for northbound movements from Pine Ridge Road onto Napa Boulevard; and WHEREAS, the COUNTY and the LANDOWNERS, in consideration of the mutual benefits to each entity and to the public, do hereby agree to share in the estimated $70,926.25 cost for the PROJECT, which cost estimate includes 25% for contingency. Said cost estimates are more fully documented in Exhibit "C" attached hereto and made a part hereof. The COUNTY will contribute an estimated sum of $23,642.08 (33 1/3%). The LANDOWNERS will each contribute an estimated sum of $11,821.04 (16 2/3% each); and WHEREAS, the COUNTY is responsible for assuring that the consultants and contractors necessary for the completion of the PROJECT will be selected in compliance with all applicable State, Local and Federal laws and regulations. NOW. THEREFORE. based upon the mutual covenants herein and other valuable consideration the parties agree as follows: I. The above recitals are true and correct and incorporated herein. 2. The COUNTY agrees to pay an estimated sum of S23,642.08 (33 1/3%). 3. VINEYARDS agrees to pay an estimated sum of$11,821.04 (16 2/3%). 4. CLEVELAND-N.E. agrees to pay an estimated sum of$11,821.04 (16 2/3%). 5. CROSSROADS agrees to pay an estimated sum of$11,821.04 (16 2/3%). 6. CLEVELAND-S.E. agrees to pay an estimated sum orS11,821.04 (16 213%). 7. The estimated cost of the design, permitting and construction for the PRO.IECT, including 25% for contingency, is $70,926.2:5. Upon execution of this Agreement, the LANDOWNERS shall each pay to the COUNTY an Page 2 of S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9. 10. amount equal to $3,940.35, a sum equal to 33 1/3% of each share ofthe estimate. All moneys shall be deposited with the COUNTY prior to the issuance ora notice to proceed to the design consultant. Upon completion and a:ceptarx:e by the COUNTY oftbe design plans, the LANDOr1, .~T. RS shall each pa)' to the COUNTY an amotmt equal to S7.$$0.69. a sum equal to 66 2/3% of each share of the estimated cost ofthe cons~ction work necessary, for the PROJECT. All moneys shall be deposited with the COb,'NTY prior to the issuance of a notice to proceed to the construction contractor. The COUNTY will contract with the consultant and with the construction contractor in accordance with the COUNTY's purchasing policy, standard county procedures and all applicable State and Federal laws and regulations. The COUNTY shall be solely responsible for monitoring the performance of any consultants and construction contractors hired for the PROJECT and for making payments to same. The LANDOWNERS shall not have any obligations to the consultants or construction contractors nor shall they be parties to the contract between the COUNTY and the consultants or construction contractors. The LANDOWNERS sole obligation will be to make payments to the COUNTY as set forth in this Agreement. Any additional funds required to complete the PROJECT, should the need for such additional funds become evident based on the results of the construction bids, shall be deposited by the LANDOWNERS with the COUNTY prior to the execution of the construction contract. Page3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 11. 12. 13. 14. Should thc need for additional funds become evident during the course of construction due to either changed conditions, changes in the scope of work or additional work made necessary to complete the PROJECT in accordance with the design intent, such funds shall be deposited by th6 LANDOWNERS with the COUNTY within five working days of written notice by the COUNTY to the LANDOWNERS. Upon completion of the PROIECT any excess funds remaining in the PROJECT account shall be returned to the LANDOWNERS in proportion to their respective shares. All reports, plans and other work product prepared for the PROJECT shall be the property of the COUNTY. This Agreement can be terminated by mutual agreement of all parties and shall be recorded in the Official Public Records of Collier County. 15. The COUNTY confirms to the LANDOWNERS that joint sponsorship of the Project does not include the Pine Ridge Road widening referred to in the study attached as Exhibit "A' and that the LANDOWNERS will not be obligated to share in such road widening costs. LANDOWNERS acknowledge that the COUNTY will request their cooperation in pwviding any fight.of-way necessary to accommodate the additional widening made necessary by the dual let turn configuration at Napa Boulevard. Page 4 of $ IN WITNESS WHEREOF, the panics hereto have caused this instrument to be executed in duplicate by their proper officials or officers, duly authorized so to do, and have affixed their seals the day and year first above writlen. ATTEST: CRorporate Secre'~. VINEYARDS DEVELOPMENT CORPORATION Michel A. Sa~deh, p~esidenl H£chael ?rocacct Typed Name A'VI'EST: ATTEST: Name Dougall McCorkle ATTEST: Signature and Title of Signing Office..r~,, F~-ry g. Moon, Chief~ ~;fficer CROSSROADS MARKET~I~,CINC. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT. Y: FLORIDA D,ight E. Brock, CLERK BY: Timothy L. Ha~cock, Chairman X APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Collier County Attorney 0~0497/GAEiiRI.TS.Napa-Pine Ridge Agreemeat-with Page 5 of 5 TECHHICAL MEMORANDUM No.1 Pine Ridge Road/I-75 Interchdnge Traffic Study Pine Ridge Road Median Opening at Napa Boulevard FOR: Collier County .v: CH2M HILL July 31, 1997 Background In September 1995, CH2M HILL completed a traffic study for the Pine Ridge Road/I-75 interchange. This original study, dated September 28, 1995, recommended near term and long range improvements to Pi_ne Ridge Road and the intersecting interchange ramps with 1-75. Following completion of that report, Collier County and FDOT received a request to maintain the existing median opening at Napa Boulevard and Pine Ridge Road located approximately 1300 feet east of the 1-75 northbound ramp intersection. The September 1995 study did not consider the traffic operational impacts of a median opening at Napa Bo~evard. This memorandum supplements the September 1995 study to consider the effects of a median opening at Napa Boulevard. Three intersections are considered in this supplemental study: Pine Ridge Road and the southbound 1-75 ramps (Intersection 1), Pine Ridge Road and the northbound 1-75 ramps (Intersection 2), and Pine Ridge Road and Napa Boulevard (Intersection 3). Traffic Data Traffic data for this supplemental study are based on existing and forecast traffic volumes presented in 1-75 Multimodal Master Plan prepared by FDOT. The opening year for ihe proposed interchange improvements is 1998 and the nominal design year is 2020. FDOT provided existing (1994) AM and PM peak hour turning movements at the interchange without the proposed median opening. FDOT also furnished design year 2020 AM and PM peak hour turning movements at the interchange and at Pine Ridge Road and Napa Boulevard with a median opening on Pine Ridge Road. ME3X~. MEM ~ 07'Jig7 1034~.T8.01 Opening year (1995) traffic forecasts were developed using the 1994 and the 2020 forecasts provided by FDOT. Existing traffic volumes were.assumed to grow by 3 percent per year from 1994 to 199S. It was further assumed that approximately 30 percent of the year 2020 Napa Boulevard traffic would occur by the year 1998. Th.ir'o' percent of the Napa Boulevard traffic was assigned to the network based on existing traffic patterns. Armual traffic growth from 1994 to 1998 and 30 percent of the Napa Boulevard traffic was added to the base year 1994 volumes to arrive at an opening year forecast with the median opening at Napa Boulevard. The 1998 AM and PM traffic volumes are summarized in Exlxibit 1. Design year (2020) AM and PM peak hour volumes were taken directly from FDOT's 1-75 Multimodal Master Plan and are summarized in Exhibit 2. Based on the traffic forecasts, volumes at the three intersections included in ti-ds study are expected to increase bev, veen 1998 and 2020. However, in some cases the peak period traffic is less in 2020. The traffic model used to develop the long-range traffic forecasts includes several new, or up-graded east-west arterials north and south of Pine Ridge Road. Vanderbilt Beach Road is proposed to be extended easterly to 1-75 2.0 miles north of Pine Ridge Road. A full interchange is proposed at Vanderbilt Beach Road and 1-75. A new interchange is also proposed at Golden Gate Par~'ay wh.ich is 2.5 miles south of Pine Ridge Road. Each of these new interchanges are expected to draw traffic from Pine Ridge Road. Intersection Geometry for 1998 and 2020 Intersection geometry and lane arrangements for both the opening year and design year are based on recommendatior.~ in the 1-75 Multimodal Master Plan and are summarized in Exlxibits 1 and 2. Pine Ridge Road is assumed to have three basic lanes in each direction with exclusive left turn lanes at each intersection. Traffic Analyses 'these analyses focus on impacts to the 1-75 ramp intersections and traffic progression along Pine Ridge Road assuming that the median oper~ng at Napa Boulevard is maintained. Methodology Several different analysis packages were used to model traffic operations and determine optimal signal timing at the study intersections. PASSER II-90 was used to develop initial phasing and timing schemes to optimize progression along Pine Ridge Road. SOAP84 was also utilized to analyze initial phasing and timing plans. Results from the initial PASSER and SOAP analyses were input into TRANSYT-7F to develop the ~nal phasing plans, signal timings and offsets. The TRANSYT-TF analyses were prepared to provide progression along Pine Ridge Road while still maintaining reasonable levels of service on side road approaches. Results of the TRANSYT-TF and the SOAP analyses are attached to ti'ds memorandum. Weaving on Pine Ridge Road A primary operational and safety concern associated with providing a median opening at Napa Boulevard is weaving traffic on Pine Ridge Road between the northbound exit ramp from 1-75 and the eastbound left turn at Napa Boulevard. Under ex/sting conditions the right turn from the 1-75 northbound exit ramp is free flow and Yields to traffic on Pine Ridge Road. I/~hen Pine Ridge Road is widened, traffic turning right from the exit ramp an~l then wanting to turn left onto Napa Boulevard will be required to yield to Pine Ridge Road eastbound traffic and make at least tl~ee lane changes within less than 1000 feet. At FDOT's request, a weaving analysis using the HCS sofware was completed for eastbound Pine Ridge Road between the 1-75 northbound ramps and Napa Boulevard. This two-sided weave, formed by the free flow right hand entrance to Pine Ridge Road followed by a left turn to Napa Boulevard, was analyzed as a Type C weaving area. Under th/s config'm'ation the through traffic on Pine Ridge Road is functionally a weaving volume. Traffic turning right from the 1-75 ramp and then left to Napa Boulevard must cross all lanes of Pine Ridge Road to execute their maneuver. Based on the HCS analysis the weaving section would operate at LOS E to F du~ng each of the 1998 and 2020 peak periods (See Appendix for HCS output). The HCS model predicts weaving and non-weaving speeds between'35 mph and 27 mph. These operating speed are over 10 mph below the posted speed limit of 45 mph. M~X~J( MEM V'J 07'Jlg7 I I I I I' I To eliminate the potential weaving problem it is proposed that the existing free flow right turn lane on the exit ramp be reconstructed parallel to the left turn lanes and placed under signal control. With this treatment, weaving would be controlled by the signal. Right turrting traffic would still be required to change lanes to make a left turn at Napa Boulevard, but the movement could be made freely while eastbound Pine Ridge Road traffic is stopped at the ramp intersection. All the traffic analyses assume that this right turn lane is reconstructed and controlled by the signal. Traffic Operations Traffic operations were analyzed under four scenarios, 1998 AM and PM and 2020 AM and PM. The TRANSYT-7'F analyses were run to determine the optimum cycle length and interval timing to minimize intersection delay and maintain progression on Pine Ridge Road. Signal timings and time-space diagrams with progression bands for each scenario are included in the attached materials. Intersection average delay and volume to capacity ratios as reported in the TRANSYT-7F output are summarized in Table 1. Each intersection will operate well at Level of Service C or better in the opening year and LOS D or better in the design year. The tim/ng and phasing plans provide progression at the 45 MPH in both the eastbound and westbound direct/om. See the attached time space diagrams for signal offsets and progression bandwidths. The primary purpose of these analyses are to demonstrate that the proposed lane arrangements will safely and efficiently accommodate the forecast traffic volumes with a reasonable level of progression on Pine Ridge Road. The signal timings offsets, and phasing plans should be further refined to even out delay and V/C ratios on the side streets and improve progression on the arterial based on actual traffic conditions at the time of construction. Storage Lane Requirements Queue length requirements are sun'unarized in Table 2. These lane requirements were calculated using the formula in FDOT's Plans Preparation Manual with a default cycle length of 120 seconds. These dimensions do not include deceleration/taper distances. The total turning lane requirements are presented in exhibit. The TRANSYT-TF and SOAP output also provide an estimate of max/mum queue length for comparison purposes. It is , // important to note that the TRANSY'I'-TF queue includes vehicles that arrive during the green phase and join the back of the queue, while the front of the queue is discharging during the initial seconds of the green phase. Using the FDOT formula, The 2020 storage length requirement for the Pine Ridge Road eastbound dual left turn movement at Napa Boulevard is 815 feet. The 1995 storage length for the same movemer~t is calculated to be 245 feet. Based on the uncertainty of development in the northeast quadrant of the interchange, the projected traffic making the ea.stbound to northbound left turn (974 in the 2020 AM peak), and engineering judgment, it is recommended that 5~.0 feet of dual left turn storage be initially provided for the eastbound to northbound movement at Napa Boulevard. Pine Ridge Road should be designed and constructed to allow for the future extension of these left turn lanes to $~.5 feet of storage if needed. FDOT staff has concurred with this recommendation. Conclusions lVIaintaining the existing median opening at Pine Ridge Road and Napa Boulevard requires reconstruction of the free flow right turn lane from the 1-75 northbound exit ramp. This modification is required to consol weaving on Pine Ridge Road between the ramp terminal intersection and Napa Boulevard. The turning lane should be reconstructed to be parallel to the left turn lanes approaclxing the intersection and should be controlled by the traffic signal at the ramp terminal. The right turn lane only needs to provide 270 feet of storage on the ramp, but the storage for the lane should begin approximately 355 feet south of the stop line to ensure the lane is not blocked by queued left turn traffic. In addition, an eastbound dual left turn ~'ith a storage length of S10 feet should be provided at Napa Boulevard. With these modifications and the proposed lane arrangements presented herein, the intersections studied wi.Il operate at acceptable levels of service in the opening year and the design year. Furthermore, good progression can be maintained on Pine Ridge Road between the interchange and Napa Boulevard with proper signal phasing and coordination. iEIX~ u~ V3 07'Jlg7 I I I i I I' I I I I I I I I Table 1. Intersection Operations 1998 AM 1998 PM' 2020 AM I 2020 PM Cycle -' 110 sec Cycle - 120 sec Cycle z 120 sec Cycle ,~ 120 sec ' Avg. ' Avg. Avg. Avg. Intersection v/c Delay~ V/C Delay* V/C Delay* V/C Delay' (veh/secl (veh/sec) (veh/secl (veh/secl 1-75 Southbound 0.81 16.0 0.$S 11.9 0.74 15.6 0.91 12.3 Ramps 1-75 Northbound 0.53 7.$ 0.55 S.7 0.84 14.1 0.87 16.0 Ramps Naps Boulevard 0.69 19.0 0.65 15.4 0.98 38.5 0.85 31.3 1. Average Delay for TRANSYT-TF outTut. Table 2. Queue Length Requirements Critical Cycle Len~h Peak Hour No. of Storase Length Intersection Pe]k (sec) Volume Lanes (fi/lane) 1-75 Southbound Ramps SB Left 2020 AM 120 625 2 520 " WB Left 2020 AM 120 163 I 27~ 1-75 Northbound Ramps NB Left 2020 PM 120 424 2 355 EB Left 2020 PM 120 587 2 490 NB Right 2020 PM 120 163 I 270 Naps Boulevard NB Left 2020 PM 120 91 SB Lefi 2020 AM 120 286 1 480 EB Left 2020 AM 120 974 2 815 WB Lefi 2020 PM 120 30 I Implementation of Improvements Conceptual plans have been developed for the improvements to the northbound 1-75 off ramp and the left turn lanes at Napa Boulevard. The realignment of the northbound 1-75 I I I ! i I I I ! ! I I I I right turn off ramp is shown in Exhibit 3. A fight turn lane of 355 feet plus a 50 foot taper is provided with the right turn lane being brought under signal control as discussed above. The widening of Pine Ridge Road to accommodate the dual left turn lanes at Napa Boulevard is shown in Exhibit 3. Pine Ridge Road will be widened to the north for the following reasons: · Widcning to the south will cause impacts to wetland 5-3 for a distance of 485 feet. These additional impacts will trigger the need for ACO£ mitigation which is c~.u--rently not needed and would likely trigger the need for SFW'MD mitigation which is also not currently needed. · The volume of water quality treatment being provided in the pond located on the south side of Pine Ridge Road between the D-2 canal and Napa Boulevard would be reduced. This would not be favorably viewed by SFWMD. · Right-of-way would be required from more property owner.~ on the south side thar.- on the north side. The design for the eastbound dual left turn lane shown in Exhibit 3 provides a queue length of $15 feet plus 240 feet for taper and deceleration which is required for 2020 volumes. ^ 50:1 taper is provided to transition the median width to accommodate the dual left turn lane. The median width taper will overlap the taper for the northbound free flowing right turn on ramp. This will cause the realignment of the on ramp. For westbound Napa Boulevard a single left turn lane will be provided. The total length of widening to Pine Ridge Road to accommodate dual left turn lanes is about 2,000 feet ($ta. 1110+28 to Sra. 1130+213). As indicated earlier, it is recommended the initial construction of the dual left turn lane be 1510 feet of storage length in lieu of 1315 feet of storage required in 2020. Additional right-of-way will be needed to provide for the dual left turn lanes at Napa Boulevard. From Sra. 1124+00 (east side of Napa Boulevard) to Sra. 1126+50 (east end of the right turn lane) an additional 10 feet of right-of-way is needed. From Sra. 1126+50 to Sra. 1129+00 an additional 5 feet of right-of-way is needed. No additional right-of-way is needed west of Napa Boulevard due to the width of the existing limited access right-of- way. These right-of-way requirements are approximate and are based on the conceptual deslg~ contained herein. dung final design. The exact limits at~d width ot tlSht-oLway will be detetrrdt~ed Cost of Improvements Costs have been identified for design and construction of the proposed improvements and are summarized in Table 3. The costs do not include the acquisition of right-of-way along the r~orth side of t~ine Ridge Road east of Napa Boulevard as descn'l~ed above. I~ estimating the project costs it was assumed additional storm water quality treatment would t~ot be required by' SFWMD. It was fu.rt, her assumed that these improvements would not trigger environmental mitigation since none is currently needed. The costs provided in Table :~ represent an order-of-mag'nitude estimate based on the conceptual design of the improvements shown in Exhibit 3. Final design and construction costs will be developed if the improvements are implemented. IvM K)G[ ~O&0h-~S ~ T~U)~'C S~'~ TABtF 3. COST OF IMPROY~MEHTS NORTHBOUND OFF RAMP MODIFICATIONS FOR RIGHT TURN LANE Construction Costs New pavement Sl 1,970 Pavement removal $12,500 Sodding Sg,000 Signal modification 55,000 Miscellaneous $19,230 Subtotal S57,700 Design Costs S5.300 ROW Costs S0 Total Ramp Costs S63.000 PINE RIDGE ROAD WIDENING FOR DUAL LEFT ' TURNS AT NAPA BOULEVARD ' Construction Costs . New pavement $19.800 Additional 18' pipe S600 Additional 54' pipe $900 ' Landscaping & irrigation S19,800 New signal S85.000 Miscellaneous $63.050 Subtotal $189,150 Design Costs S34.000 ROW Costs Not included in cost estimate Total Pine Ridge Road Costs $223,150 GRAND TOTAL COSTS $286,150 I I' -~ .*-nttt,' ,//itt r -mttt ~ ttt MOL.-I e~J:l ~ %. ,,, Jlt .....iL... /~. z IS.AND WIDEN RAMP 12' TO ACCOMMODATE DUAL LEFT TURN LANES. PROVIDE 500' OF DUAL LANES WITH 600' TAPER. 50:1 TAPER ~ ON RAMP AND TAPER T~ ACCOMODA TE WIDENING OF WIDEN PINE RIDGE ROAD 7' TO THE NORTH TO ACCOMODATE DUAL LEFT TURN LANES AT NAPA BLVD. SCALE -1' · 200' :)ECELERATION AND TAPER OF I00' REMOVE EXISTING FREE FLOW RIGHT TURN RAMP AND TAPER. WIDEN RAMP 12' TO PROVIDE FOR RIGHT TURN LANE, 355" IN LENGTH PLUS A $0' TAPE; TOTAL LENGTH· 405. ·" . EXl'JlBrr3.*/-~~ .... Elimination of 1-75 Free Flow R~ght Turn Ramp ~.nd e~ Widening of Pine Ridge Road to Provide ~ Dual Left Turn Lanes at Napa Boulevard ~ "I~.~LIC bJO~S DIVISION, ~x:94175225,26 pt,fo 3ul 16~j)'~ 13:42 P. 16/17 EXHIBIT A pu.b X. VlN£TAAD$ DEV~LO~h~ CO~F. ¢. C~055~0AD$ I~S DIVISI{~ I :c~I7322526 3ul 16 I 13:48 P.I?/I? Pine Ridge Road/~apa Boulevard IV~edlan Opening Ramp ZModifications Constrvctlon Costs Quantl~y Unit Pr$ct Co~ ~ ~v~ent 370 S2 I ~v~ent~tmo~(S~ 2~ SJ SI2~ S~d~g (S~ 3~ SJ~ ~clti~s (~) I SJ,~O M~tllaneous S 17, I $ubco~ S51.40S TotJI I~mp ModiflcatloM SJ6,q41 St4.115 Project Total ~ ~'ote: The purpose of thls spread.cee is to cstlm~ the design ua ¢ons..t~.¢tio. rt cost?..fo.r be rcnlign;rzent of~e N'B right turn off ramp. Costs a~sm~¢ no moc~Ltic~tmn.s vml tx: rcqui~cd to thc water quality trcatTnent ponds. Costs do not includc any ROW acquisition. t, 41 EXECUT)VE SUM~IARY. THE DESIGN CONTRACT FOR PII;E RIDGE ROAD AT I-7S TO ~BOECTZVE: To ~;~n Board approval to amend the design contract with CH2~ Hill for the purposes of including an Interstate-Interchange Hodtficatton Study to confirm the requirements and cost of maintaining a median opening at Pine Ridge Road and Nape Boulevard. CON$IO£RATION~: The adopted Access Management Plan for the Interstate Activity Center at 1-75 and the east segment of Pine Ridge Road requires the median opening at Nape Boulevard to be closed as a result of future conflicts with Interstate traffic, particularly northbound traffic on 1-75 exiting eastbound using the existing free-flow ramp. A review of conditions with FDOT officials and property owners within the Activity Center indicates the following: 1. Activity Center Plan is appropriate in consideration of future traffic conditions and future safety concerns (Reference: Attachment 1 - Activity Center Access Management Plan). 2. Activity Center Plan of closing off ~;apa Boulevard will create a hardship for the properties located both north' and south of Pine Ridge Road and within the Activity Center; the har~hip involves limited land uses which, in turn, impact land values and land revenue production. ~.- 3. An alternative to the existing Activity Center Plan involving Interstate Ra~p Redesign and Construction is available to the County subject to both State and Federal review and approval (Reference: Attachment 2 - Memorandum of FDOT Heeting). In consideration of the above and an in-house economic analysis being performed on the advantages to the County of Activity Center development as currently set forth in the County's Comprehensive Plan, the Transportation Services staff has determined that an Interstate-Interchange Modification Study would provide very specific information on the ultimate conditions and cost of an' alternative Activity Center Plan which would allow the median opening at Napa Boulevard to remain open, but as a directional median opening allowing for eastbound left- turns and westbound left-turns. Since the proposed efforts to evaluate an alternative Access Management Plan for Pine Ridge Road at ~(apa Boulevard would primarily benefit the co~ercial property owners north and south of Pine Ridge Road within the Activity Center, County staff is proposing the Study subject to the following conditions: Impacted property owners subsidize up to two-thirds · of the engineering cost based on the following acreage impacts: south property · owners' share is 1/3; north property owners' share is 1/3; and County's share is 1/3. An adverse impact to the above additional Study is recognition that performing the Study and processing the Study through both State and Federal agencies will to nine (9) months. In terms of delay the current design efforts by up concurrency requirements,"the pending AUIR indic~.~.t~s thmt the Pine Ridge Road segment between Airport-Pulling Road and 1-75 will not become deficient untt~) approximately lg99. Accordingly, the nine (g) month delay will impact on the current design schedule and not create a construction time frame delay (construction planned in FY 1998-99). FISCAL IHPACT: An approximate cost of the various phases of the Pine Ridge Project amendment is outlined as follows: ]nterchange Hodtficatton Study: . $25,000 - $ 50,000 Phase One: Traffic Study Phase Two: Hodification Study 550,000 - $100,000 Interchange Design and Permitting: Subject to FDOT/FHI~A approval of above 575,000 - 51~5,000 Interchange Reconstruction: Subject to final design 5300,000+ NOTE: Cost data is preliminary and range of values reflect unknown level of F~A review. As outlined above, the first step in the process of considering the modification of the Activity Center Plan is the Hodtficatton Study which would be followed by design, permitting and construction pending participation by the various parties as outlined in the above recommended allocation of costs. The County's cost would be made available by budget amendments in Fund 313 Reserves, Fund 331 Reserves, and/or reallocation of funding by project to allow for only the Hodtftcation Study, Phase One in an amount not to exceed 550,000. ~ROWTH HANAGEHENT IHPACT: Not applicable for concurrency; reference the project delay outlined above. . ~ECOMHENOATION: That the Board approve the above Interstate ~odtftcatton Study concept, approve a project amendment to add Phase One of the Hodiftcatton Study to the current design contract in an amount not to exceed 550,000, approve budget amendments as necessary to accept contributions and increase project funding as necessary to accomplish Phase One work, direct staff to contact impacted property owners for fair share contributions to Phase One based on the above allocation formula and upon confirmation of funding for Phase One issue a notice to proceed to the consultant, CH2H Hill. PREPARED BY: GFA - REVIEWED BY: ~ DATE TRANSPORTATION SERVICES DIVISION GFA/mk/71795/g146 IEXE~UTIVE SUMMARY- APPROVE STAFF SELECTION AND AWARD AGREEMENTS FOR PROFESSIONAL STRUCTURAL ENGINEERING SERVICES RIP 97-2728. ~ Approve staff selection and award Fixed Term Structural Engineering Service Agreements to three Professional Engineering firms. CONSIDERA .TIQNS: On Iul¥ 18, 1997, the County Administrator authorized a staff -selection committee to evaluate and rank responses to a Request for Proposal and to negotiate agreements with several of the top ranked firms and to present recommendations to the Board of County Commissioners. Contracts provide for Work Order assignments for various projects such as Utilities tankage and retaining walls. Structural evaluations of vertical facilities designs, threshold and other inspections may also be specified. Ten firms responded to EFP-97-2725 and the Selection Committee short listed the top ranked firms: Ranking # 1 #2 #3 ~4 Kris lain & Associates, Inc. Anchor Engineering Consultants, Inc. Jenkins & Charland, Inc. TKW Consulting Engineers, Inc. Staff negotiated with the top three firms and recommends that Agreements be authorized. The period of service for each agreement is for two years from date of execution. The agreement may be renewed for two additional one year periods upon agreement by the parties and approved in accordance with County purchasing policy. FISCAL IMPACT: Funding for Work Orders for structural services under RFP 97- 2778 shall be provided by the user Division or Departmental project budget. GROWTH ~ANAGEMENT [MPACT~ None. RECOMMENDATION~ That the Board of County Commissioners authorize the Chairman to sign the agreements with Kris Jain & Associates, Inc., Anchor Engineering Consultants, Inc., and Jenkins & Charland Inc. F.x~n~h~ Sunumu)' - Staff Seloclion ~nd A~rd A~:en~s for Enl~ino~in$ Ser~-ices RFP 97-2725. ~ 10, 1997 Pa~2 Thonus K Done~n, P.E., Project Manager REVIEWED BY: REVIEWED BY: Ed llschncr. Adxninistrztor Pubtic Works D~.-ision D'at¢: ~ ,]AN 0 $ ,.r.....,: . ~ID ANALYSIS SHEET Total Points ~IM E3K ~ SC KB *J & C :3 4 2 1 10 3 Jain 4 4 4 12 1 TKW 3 1 3 ? 4 Pyper 3 3 *Anchor 4 2 I 3 10 2 Pittman 2 2 4 Beachamps 1 1 2 4 Negotiate 3 contracts Obtain backup for negotiation *Used tiebreaker for #2 firm. Anchor has done less business in past and received the selection on this basis. Analysis: First Choice 4 points Second Choice 3 points Third Choice 2 points Fourth Choke 1 point % RANK~N(~ HATRXX FORM REQUEST FOR PROPOSALS NO. 97-2728 .Fixe~ Term Professional Structural Engineering Services" SE~ECTEON COI,~ETTE~ FINAL RANKING STANDIN~S~ ~M~ER OF NU~ER OF SU~"OF 1ST PLACE 2ND PLACE 3RD PLACE RANKING NAME OF FIRM RANKINGS RANKINGS RANKINGS SCORING NOTE: Ranking Scoring is determined by multiplying each 1st Place Ranking by 3 points, each 2nd Place Ranking by 2 points, each 3rd Place Ranking by I point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. SELECTION COMMITTEE ~INALRANKING: FIRST SECOND THIRD ~ELECTXON COMMITTEE CHAXRMA~'S RFP "F~xed Term Pro£eaalonal B~ructural Eng~neer£ng Servtcea" Firm's Credentials Qualifications of'" persons assigned =o projec= ~0 Points ,, Experience in Similar projects ,,25 ~o~ne~ ' Addressed all areas of =he Scope of Services ~ca:ion of fi~ c'GI RFP %97-2728 nFixed Term Professional Structural Engineer~ng Services~ Firm's Credentials 30 Points Qualifications of persons assigned to project 20 Pofnts - Experience in SiMilar projects 25 Points Addressed all areas of the scope of services Location of firm ~ Points Selec6io~-Committee Membe's Signature RF~ #9'/-2'/28 "Fixed Term Professional Structural En~ ..ring Services" Firm's Credentials - Qualifications of persons assigned to projec: 20 Points Experience in Similar projects 25 Points Addressed all areas of the Scope of Semices 20 Points Location of firm ~ Points · RFP #97-2728 "Fixed Term Professional Structural Engineering Services" I "~ ' ~' ,.m.'. ~; "'.' I I 'x I I( Ib' I Firm's Credentials /( Is io 5 ~ 30 Points C'..-~. Qualifications of persons 20 Points Experience in w 25 Points Addressed all areas of the Scope of Services ~ ~ 20 Points Location of firm 5 Points Selection ~,. mz~'~e~"Member' s Signature RFP #97-2728 "Fixed Term Professional Structural Engineering Services" Firm' s Credentials 30 Points Qualifications of persons assigned to project 20 Points ~erience in Addressed all areas of =he Scope of Se~ices 20 Points ~cation of fi~ THIRD FIRM Selec~~tee Member's Signature · RFP #97-2728 ,Fixed Te~..-. Professional Structural Engineer'ing Services'~ Firm's Credentials 30 Points Qualifications of persons assigned to project 20 Points Experience in Similar projects 25 Points Addressed all areas of the Scope of Services 20 Points Location of firm points TOTAL '7 0 Selec'tio~ Committee' Member' s Signature RFP %97-2728 #Fixe~ Term Professional Structural Engineering Services" 7~ ~ / " Firm's Credentials Qualifications of persons assigned to project ~0 Points Experience in Similar projects ~5 Points Addressed al~ areas of the Scope of Services 20 Points - Location of firm ~ Points Selection Committee Member's Signature RFP %97-2728 NFixed Term Professional Structural Englneerin~ Services" Firm's Credentials 30 Points Qualifications of personsI assigned to project 20 Points Experience in Similar projec=s $6 Points Addressed all areas of the Scope of Services 20 Points Location of firm Points TOTAL RFP #97-2728 'F~xed Term Pro£ess~onal S~ruc~ural Eng~neer£ng Services~ i I I Ic/,.~"/'"'al I Firm's Credentials 30 Points Qualifications of persons assigned to project 20 Points Experience in Similar projects Addressed all areas of the Scope of Services ~0 Points Loca:ion of firm ~ Points SeI ' Commi~ee Member' / ,/ ' Signat6re ' ../,j; EXECUTIVE SUMMARY 'gE BUDGET AMENDMENT FOR RIGHT-OF-WAY ACQUISITION APPRO G IMPROVEMENTS, ACTIVITIES FOR COUNTY BARN ROAD FOUR LANIN ~ Secure a Budget Amendment approval from the Board of County Commissioners to partially fund right-of-way purchase agreements for the County Barn Road project (Davis Boulevard to Rattlesnake Hammock Road). ONSIDERATIONS:~ On August 13, 1996 [under Agenda Item No. 1(5 03) 6], the oard approved Resolution No. 96-356 and directed staffto commence with right-of-way acquisitions for County Barn Road in the sum of $470,285. At that time, the 1997 fiscal year Annual Update Inventory Report (AUIR) listed the year 2000 as the forecast deficiency date for County Barn Road. Due to subsequent changes in the forecast road system capacity and travel patterns in the East Naples area (which are partially attributable to the recent four laning of Davis Boulevard, C.R. 951, and Rattlesnake Hammock Road), the fiscal year 1995 AUIR extended the deficiency date for County Barn Road to the year 2006. This road planning action postponed the construction start date for four laning improvements and also caused the previously authorized right-of-way funds for County Barn Road to be diverted to other priority roadway projects. Consistent with the Board directive of August 13, 1996, the Real Property Management Department initiated right-of-way acquisition processes for all project land parcels during September 1996. These efforts have included completion of title commitments and land appraisals, public meetings, legal reviews, purchase agreement preparations, and actual negotiated purchases for approximately tqReen (15) of the thirty-six (36) required right-of- way parcels. It is noted that although no funds are presently available in the fiscal year 1998 project budget to support the right-of-way purchase agreements, staff adjusted the transportation program budget and the 1998 AUIR to include an allocation of $200,000 for County Barn Road land acquisitions. Accordingly, staff recommends that the Board approve a Budget Amendment to consummate existing right-of-way purchase agreements in an amount not to exceed $200,000. The rerr~ning necessary funds on the order of $270,285 would be budgeted in 1999 and/or subsequent years. Staff's recommendation to proceed now with partial land acquisitions is put forth to avoid future additional costs for updating title commitments and land appraisals. Moreover, Collier County will be able to minimize land cost increases attributable to future market values while maintaining credibility with previously contacted property owners. EXECUTIVE SUMMARY AWARD CONTRACT TO HIGHPOINT GENERAL CONTRACTING TO CONSTRUCT PICNIC PAVILIONS AND PUMPHOUSE BUILDING FOR SUGDEN PARK, (BID 97-2757) (PROJECT ~&081). ~ . ~ To award a Contract for construction of building improvements for Sugden Park (Bid 97-2757). CONSIDERATIONS: Advertisement for bids was posted on November 14, 1997. Invitations to bid were sent to over twenty-five vendors. Sealed bids for Bid No. 97-2757 were opened on December 10,1997. The mmmary of the bids received is az follows: Highpoint General Contracting J. L. Wallace W. J. Varian Construction Taylor-Pansing Surety Construction D. Garrett Construction $133,111. $144,640. S145,500. Sl49,900. S156,000. $189,000. The Office of Capital Projects Management has reviewed ihe lump sum prices and has found them to be correct as tabulated. The Architect's estimate of probable cost for the project was $168,000. The Architect has recommended that Highpoint General Contracting be awarded the contract. Based upon a review of the qualifications and experience of the low bidder, together with the knowledge that this same vendor successfully completed similar installations in Collier County, Florida; staff recommends this Contract to be awarded to Highpoint Cmm'g Contracting for the amount of $133,111. ~SCAL IMPACT; Funds are available in FY 97/98 budget for this project az follows: cund No.: ost Center No.: Proj ~'t No.: Cost: 345 (Regional Parks Countywide) (116360) Parks Capital Project ($0051) Sugden Park $133,111. to be obligated in the budget for FY 97/98. GROWTH MANAGEMENT IMPAq: This Capital Improvement Element No. 724 is consistent with the Recreation and Open Space Element ofthe Growth Management Plan. Executive Summary - Award Contract for Buildings at Sugden Park December i 1, 1997 Page 2 [I.ECOMMENDATIONI That the Board of County Commissioners: 1. Award a contract for Bid No. 97-2757 to Highpoint General Contracting for the amount of$133,111. 2. Authorize the Chairman to execute the Contract. pREPARED BY~ REVIEWED BY: Offic=,of Capital ~o,j~ts Mana~gcmcnt REVIEWED BY: ~ Perks and Rccrcetion ~.;/. _ REVIEWED BY: ~J ~ ¥. Carh¢ll, Dircctor REVIEWED BY: PublicWoxksDi~ision J JAg 0 & ,.~S'~ Victor J. Latavish, AIA Architect MEMORANDUM Date: To: Attn: From: Project: Re: December 19, 1997 Collier County Office of Capital Projects Management 3301 Eas% Tamiami Trail Naples, Florida 34112 joseph De!ate, ASLA victor J. Latavish, AiA ~ Picnic Pavilions & Pumphouse Building at Sugden Park Bid ~ 97-275'7 Rcccmmcndation to Award Contract to Low Bidder i have reviewed tke bid tabulation for this project and recommen~ the contract be awarded to the low bidder, High Point Genera- Contracting. The 8% difference between their low bid and the 2~, 3'=, and 4'" ' b~ due to mobilization costs: where Highpoi~= has bid? is ~rooa_~ -:-,- theu are already wor~ing on-si:e..- ha~e a clear a~vantag~ ~ · - ' ' ' also reviewed their references and experience, ano ~eel they a.e certainly capable of building these structures. Please feel ~ree ~o call if I can be of further assistance. EXECI. rIIVE SUMMARY REQUEST TO APPROVE AMENDED RESOLUYION REGARDING THE VILLAGE PUD TO ACCOUNT FOR CONDITIONS PERTINENT TO AFFORDABLE HOUSING AGREEMENT AND NEW SUNSET DATE, SADDLEBROOK AN APPROVED OBJECTIVE: To amend the Saddlebrook Village PUD resolution to include conditions of sunsetting exlension date and Affordable Housing from the Board of Commissioners meeting of December 9, 1997. CONSIDERATIONS: On December 9, 1997 the Board of County Commissioners approved an Affordable Housing Density Bonus agreement which was a pre-condition to the approval of a resolution extending the date by which time the Saddlebrook Village PUD is to initiate construction activities consistent with the sunset provisions of the Land Development Code. Said conditions have been crafted into the amended resolution which replaces Resolution 97-$$ as further amended by a Scrivener's Error Resolution 97-453. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: Tha! the Board of County Commissioners approve Resolution providing for conditions relative to affordable housing, and a 2 year extension to the date by which development activities are to begin for the Saddlebrook Village PUD. CItlEF PLANNER ROBERT 3. MULHERE, AICP DONALD W. ARNOLD, AICP PLANNING'SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE SADDLEBROOK VILLAGE PUD EX SUMMARY/md JAN 0 6 1998 A RESOLUTZON BY THE BOARD OF COUNTY COMMZSSZONERS OF COLLZE~ COUNTY, F~RZD~, P~SU~ ~ SE~ZON 2.9,3.4 OF ~E CO~ER Co~y D~P~ CODE ~ZNG VZL~GE P~, EX--lNG P~ ~PPROV~ TO DE~ PROViDiNG ~ EFFE~Z~ WHEREAS, the Saddlebrook Village PUD, Ordinance 91-55 adopted on 3une 25, 1991, is subject to the provisions of Section 2.7.3.4., of the band DevelopmenC Code (LDO), Time Li~LCl for Approved PU~ Zoning Districts to~ether with their respective Mas=er Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and W~EREAS, the Board of County Com~issioners has reviewed the PUD and determined to extend the current PUD Zoning for two years, until December 9. 1999; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval is hereby extended to December 9, 1999; at the end of which time the owner shall submit to the procedures in LD¢ Section 2.7.3.4° sub3ect further to the following conditions: ae be Phases ! and l! of the PUD shall be constructed in compliance with all applicable, existing Land Development Code requirements. Phase I shall be developed for 100% affordable units as provided in the new Affordable Housing Density Bonus Agreement approved b~ the Board of County Commissioners on December 9, 1997. Phase I! shall also be developed as provided in the new Agreement. -1- Prior to expiration of the 2 year extension period, a PUD amendment shall be filed with formally incorporate the appltcal~xe Code et,ndards in the PUD document. ! d. Architectural elevations for Phase I shall be constructed in compliance with the architectural elevations attached hereto ae Exhibit A coneiating of two pa~es. This Resolution supersedes and replaces Resolution 9v-$$ as corrected by $crivener's Error Resolu~ion 9?- · This Resolution shall become effective i~ediately upon its approval. BE XT FURTHER RESOLVED that this Resolu~ion~ recorded in ~he minu~es o~ ~his Board and in ~he ~ecords of ~he Pe~i~ion for which =he ex=ension is gran=ed. This Resolu~ion adopted af~e~ ~ion, second and ~orx~y vo~e. Done this day of , 1998. BO~D O~ COU~I~ CO~2SSXONERS COLLX£R COUNTY° FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to Fo~m and ~egal Sufficiency: ~. Student Asssstant County Attorney Chairman -2- JAN 0 6 1998 . ~. ~ ,. I~ES0LUTION NO. A RESOLUTION AMENDIN(~ TH~ STIPULATIONS SECTION OF RESOI~UTXON 97-S$ FOR PROP~ ~E S~D~BR~K VI~GE P~ S~S~INO ~SOL~ION STI~TIONS SE~ION. WHEg. EAS, the Collier County Board of Co~tissionere adopted Resolution 97-$5, pertaining to Saddlebrook Village ~ relative to an action under Section 2.?.3.4 of the Land D~velop~ent Code on Januar~ 21, 199~, ·nd WHEREAS, following said action adopting Resolution 97-$$, it was determined that · stipulation had been omitted from said Resolution and constitutes · Scrivener'e Error, NOW, TI~'~FORE BE IT R~SOLVED, by the Board of County Co~eeionere of Collier County, F19rida that the stipulation portion of Resolution 97- 55, ie hereby amended, by adding the omitted stipulation to read ae follows: 1. BE IT The above recitals are adopted herein by reference as if fully est forth herein. This Resolution shall constitute evidence oF'compliance with the review requirement· of Section 2.?.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval ie here~y extended to October 30, 1998~ at the end of which time the owner shall submit to the procedures in LDC Section 2.7.3.4. The extenlion of the PUD approve! until October ~0. 1998 ~s continaent uoon the aonroval by the Board of County COwr, iaaioners of a new affordable houa~nu density bonus aareemen~ between maid Board and C~I-Keneinaton. LTD a LTD Partnerehiu/Coloni·l Enuitiee. Inc. Should ~h·~ Aoreeme: fail. then the Board of 2onin~ AD~eale reserves the ri·h= ~o reconsider the e~tansion of the herein referenced PUD. FURTHER RESOLVED that this Resolution be recorded in the minutes of this Bo·rd. words struck throuoh are deleted~ words JAN 0 6 197 are adda~ Thio Resolution &dopced &f~eF motion, oecond and ma:JoFiC¥ vo~e. BOAAD OF ~ CO~4ISSI~ COLLIER COUNTY, FLORIDA Mordo struck ~hrouoh &r! deleted; voFdl P.£$OI.UTZON 97-__.~4 A R£SOLUTION BY THE BOARD OF COUNTY CO~HISSZONERS OF COLLIER COUNTY, FLOI~ZDA, PURSUANT TO SECTION R.?.3.4 OF THE COLLIER COUNTY LAND DEVELOPW~NT CODE AFFECTING ORDZNANCE 88-50 ALSO KNOWN AS THE GADALETA PUD, REQUIRING THE SU~HZTTAL OF A PUD A~ENDHENT; ARD PROVIDING AN EFFECTIVE DATE. WHEREAS, the Gadalete PUD, Ordinance S8-50, es &mended, orlgin&lly adopted on May 24, 1988, is subject to the provisions of Section 2.?.3.4., of the Land Development Code (LDC), Time Lilies for Approved PUD Master Plane; and WHEREAS, the Board of County Co~nissloners has reviewed the PUD and has determined that the current PUD Zoning'is inconsistent vlth certain provisions .of the Grov~h Management Pla~ ~HP) and the Land Development Code; gnd NOW, THEREFORE BE XT RESOLVED, by the ~oa~d of Zoning Appeals of Collier County, Florida that= 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.?.3.4 of the LDC. 3. Pursuant to. said section of the LDC, the property owner or agent shall submit an amended PUD to the Planning Services Director prior to July 18, 1997 in order to cause said PUD to become consistent with the Collier County GYP. This Resolution shall become effective immediately upon its approval. BE IT FURTHERRESOLVED that this Resolution be recorded in the minutes of this Board and in the records of ~he Petition for which the extenlion is granted. This R~solu~ion &dop~ed &~er =o~.lon, second and majority vo~e. BO~u~D OF COUI~TY CO14~4I'SSiON'L'P.S GADALZTA PUD/19209 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. $9.451 (MODIFICATION) SAPPHIRE LAKES STOCKPILE REMOVAL LOCATED IN SECTION $3, TOWNSHI~ 49 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY INTERSTATE 75, ON THE EAST BY SHERWOOD PARK PUD, ON THE SOUTH BY TWELVE LAKE PUD AND ON THE WEST BY BERKSHIRE LAKES PUD To issue Excavation Permit No. 59.451 for the Sapphire Lakes Stockpile Removal in accordance with County Ordinance No.91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow excess material totaling 12,000 C.Y. to be hauled off-site. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.451 (Modification) to for the project known as "Sapphire Lakes Stockpile Removal" with the following stipulations: Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 2. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. Stockpile side slope shall be at a maximum of 4:l unless fencing is installed around the entire perimeter of the stockpile area. No excavation permit shall be issued until all impact fees have been paid. determined by Transportation Services Division. P~~Gi~ER - ENGINEERING REVIEW DATE~ ~. REVIEWED BY: ~ro~! ~-i~c~ r.z. bATE ~ON~ W. ~OLD, ~CP DATE .... p~NG SER~CES D~TME~ DIe. OR CO~I~ DEV. ~ E~RO~E~ SVCS. PERMIT NO. 59.4~ 1 rr.X SUMMARY/md 2 COLLIER COUNTY TRANSPORTATION SERVICES -ST~d~DkRD CONDITIONS~ EXC~VATIO~PEP~MIT A~PLICATIONS INVOLVING OFF-SITE REMOVAL O~ K~TERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes' between an excavation site and an ar~:erial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required'as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 92-73 and Right-of-Way Ordinance No. 82-91. Off2site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact febs in accordance with Ordinance No. 92-22 shall be paid prior ~o the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measure to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee sha%l apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. JAN 0 6 1998 Based on soil boring information per ordinance No. 92-73, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 92-73 are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The righ9 of the County to suspend and/or revoke blasting permit authority should be determined ~hat blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of--off-site' impacts, meeting of applicable provisions of Ordinance No. 82-91, Ordinance No. 92-22, and Ordinance No. 92-73. Reference to letter of 5/24/88 Revised 12/92 ~N! J4 LOCATION IT'/ MAP :,ROJECT LOCATION II JAN 0 6 1998 E CUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR PURCHASE OF VEHICLE FROM PUBLIC WORKS UTILITY RESERVE FUND (408) ~1~: Board of County Commissioners approval of a Budget Amendment that provides funding for the acquisition of a vehicle for Public Works Adminisi~ation.. CONSIDERATIONS: Many of the Public Works Division's functions operate 24 hours per day, seven day~ per week. These functions impact on the health and safety of the Citizens of Collier County. The Public Works Division Administration staff and Public Works Division Administrator are frequently required to commute several hundred miles per month to effectively manage the County's various public works functions and to attend and participate in numerous meetings and events that ~ their involvement. Although this vehicle will be used by all administrative staff, the primary user will be the Public Works Administrator. Based on a mid-sized 4 door sedan, Fleet Management has provided Bid 9g-2268, Specification//98-02 for a Ford Taurus in the amount of $14,800. In addition to the capital purchase, there are operating costs (fuel, maintenance, and tags) which total to approximately $1,000. (According to Risk Management, insurance for the auto will be charged in FY 98199 budget.). The acquired vehicle will be equivalent in price to a Ford Taurus. FISCAL IMPACT: This expense was not included in the FYgg budget. Funds in the amount of $15,$00 for this purchase can be made available. A Budget Amendment is required to reduce Fund 408 Reserves, and in~ the Capital and Operating Budget in: Fund 408 Cost Center 919010 Object Code 991000 Project N/A County Water/Sewer Operatio~ Reserves Reserves for Contingencies Fund 408 Cost Center 210105 Project N/A County Warn/Sewer Operations Public Works Utilities Administration GROWTH MANAGEMENT IMPACT: None. RECOM'MEND~tTION: The Public Works Administrator recommcnds approval of a budget amendment and vehicle acquisition as described herein. m~sv: ~_...,,,~/. ~/5~'..--_. ~-wn~ N.'Finn, (~rntions Dir~-ctor Ed II~hn~, Public Worl~ Adminimator Attachment/Consent Agenda i~~ ~snm~/BA vchide . DEC-~L>-.ocJ9 FRI 1.9:48 ID=COJ. IER FL.EE'I rlF.~l lei. I,&l=~i.~ '~ ~ EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISIONERS AND A LANDOWNERS' GROUP FOR IMPROVEMENTS TO THE PINE RIDGE ROAD/I-75 AREA. ~ Gain Board approval of a loint Participation Agreement between the County and several landowners in the vicinity of Pine Ridge Road and 1-75 for improvements to the 1-75 northbound off-ramp and thc adjacent traffic signal system. CONSIDERA?IONS: On July 25, 1995, the Board authorized an amendment to the Pine Ridge Road six-lane design contract with CH2M-HilI, the county's consultant for the project (Agenda Item 16B2, Attachment No. 1). The amendment was for thc purpose of reviewing modifications to thc 1.75/Pine Ridge Road interchange area to resolve potential conflicts with the access to lands adjacent to the Napa Boulevard/I-75/Pine Ridge Road Activity Center area. The results of that study indicated that modifications could be made to thc 1-75 ramp area and that Napa Boulevard/Pine Ridge Road intersection could be brought under signal control to facilitate traffic flow and access as a consequence of development in the area. The Cleveland Clinic ("Cleveland") has entered into an agreement (Attachment No. 2) with the developers of the Vineyards PUD ("Vineyards") to acquire about 37 acres of land located in the northeast quadrant of the Pine Ridge Road/I-75 intersection. As a consequence of this agreement, and to satisfy the need to provide adequate traffic flow and traffic control for this new facility, several of the adjacent landowners approached the County to enter into an agreement to share the costs of necessary improvements. These improvements include a modification to the northbound 1-75 off-ramp and traffic signal upgrades at the intersection. In addition, turn lanes and other main line improvements will be necessary to accommodate the traffic impacts of the proposed Cleveland Clinic Medical Center. An engineering study, as cited above, has been performed in conjunction with the six- lane design of Pine Ridge Road (CIE No. 041, Project No. 60111). The results of this analysis indicate that the traffic flow can be accommodated by recontiguring the presently free-flowing traffic from the northbound 1-75 off-ramp so that it comes trader control of the existing signal. Minor modifications would also be necessary for the signal. Since the modifications will be performed as part of the Pine Ridge Road six-lane improvements, the study further determined that a fair share contribution among all the parties affected, Cleveland, Vineyards, the County, and a fourth party, Crossroads Market, Inc. ("Crossroads"), would be an equitable distribution of the costs. Executive Summ~a'y APPROVE AN AGREEMENT FOR THE PINE RIDGE ROAD/I-7$ AREA Page 2 FISCAL IMPACT: Thc total costs are estimated to be $70,926. Thc fair share contribution of thc parties has been determined to be 1/3 Collier County and 2/3 thc other three pa-ties. These cost shares arc as follows: Collier County I/3 $23,642.08 Landowners 2/3 $47,283.92 Cleveland Share $23,642.08 Vineyards Share S 11,821.04 Crossroads Share $11,$21.04 Funds are available in Fund 331-163650-763100-60111. Construction is presently scheduled for FY 2000. (Road Impact Fee Dlstrtct 1 Fund 331-163650, North Naples ) QRQWTH MANAGEMENT IMPACT: The proposed improvements are consistent with the Transportation Sub-element of the Growth Management Plan. RECOMMENDATIONS: Approve the Agreement between the County and the landowners and provide direction to staff to implement the provisions of'the Agreement. ~ DATE: PREPARED BY: Edward I. lrc~l~t~or Engi R~~D BY: lnt~m T~~fion ~ D~or ~a~d F. Bob~c~ ..... R~~D BY~ DAT~~ Attachments: NO. 1 - Agenda Item 16B2, July 25, 1995 No. 2- Napa Boulevard, Pine Ridge Road Agreement 1 2 3 4 5 NAPA BOULEVARD, PINE RIDGE ROAD AGREEMENT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 THIS AGI~EEMENT, made and entered into this _ _ day of .... 1998, by and between Vineyards Development Corporation, hereinafter called "VINEYARDS", Cleveland Clinic Florida (a non-profit corporation, as owner of Parcel B shown on Exhibit B, hereinafter called "CLEVELAND-N.E.", Crossroads Market, Inc., hereinafter called "CROSSROADS", Cleveland Clinic Florida (a non-profit corporation) as owner of Parcel D shown on Exhibit B, hereinafter called "CLEVELAND-S.E.", and Collier County, a political subdivision of the State of Florida, hereinafter called the "COUNTY". VINEYARDS, CLEVELAND-N.E., CROSSROADS and CLEVELAND-S.E. may hereinafter be collectively referred to as the "LANDOWNERS" WITNESSETH WHEREAS, the COUNTY has engaged an engineering consultant to perform a comprehensive engineering evaluation and traffic assessment study of the Pine Ridge Road, Napa Boulevard and 1-75 intersection areas, the findings of which study are in Exhibit A and call for modifications to the 1-75 northbound off-ramp at Pine Ridge Road (the "PROJECT'), more fully described in Exhibit "C" attached hereto and made a pan hereof, and which improvements will benefit the COUNTY and the LANDOWNERS whose benefiting properties are as shown on Exhibit "B" attached hereto and made a pan hereof; and WHEREAS, the COUNTY and the LANDOWNERS hereby agree to a joint sponsorship of the said PROJECT to meet the desired objectives of safe traffic r2iyslli.ent.--.. Page I of 5 ,'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 from northbound 1-75 to eastbound Pine l~dge Road while allowing ['or northbound movements f~m Pine Ridge Road onto Napa Boulevard; and WHEREAS, the COUNTY and the LANDOWNERS, in consideration of the mutual benefits to each entity and to the public, do hereby agree to share in the estimated $70,926.25 cost for the PROJECT, which cost estimate includes 25% for contingency. Said cost estimates are more fully documented in Exhibit "C" attached hereto and made a pm't hereof. The COUNTY will contribute an estimated sum of $23,642.08 (33 1/3%). The LANDOWNERS will each contribute an estimated sum orS11,821.04 (16 2/3% each); and WHEREAS, the COUNTY is responsible for assuring that the consultants and contractors necessary for the completion of the PROJECT will be selected in compliance with all applicable State, Local and Federal laws and regulations. NOW, THEREFORE, based upon the mutual covenants herein and other valuable consideration the parties agree as follows: I. The above recitals are true and correct and incorporated herein. 2. The COUNTY agrees to pay an estimated sum of $23,642.08 (33 !/3%). 3. VINEYARDS agrees to pay an estimated sum orS11,821.04 (16 20%). 4. CLEVELAND-N.E. agrees to pa)' an estimated sum orS11,821.04 (16 2/3%). $. CROSSROADS agr~s to pay an estimated sum o£$11,821.04 (16 20%). 6. CLEVELAND-S.E. agrees to pay an estimated sum of $I 1,821.04 (i 6 20%). 7. The estimated cost ofthe design, permitting and construction for the PROJECT, including 25% for contlng~ncy, is $70,926.25. Upon execution of this Agreement, the LANDOWNERS shall each pay to the COUNTY an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 10. · amount equal to $3,940.35, a sum equal to 33 1/3% ofeach share of the estimate. Ali moneys shall be deposited with the COUNTY prior to the issuance ora notice to proceed to the design consultant. Upon completion and acceptance by the COUNTY of the design plans, the LANDO'~,~'ERS shall each pay to the COUNTY an amount equal to 57.880.69. a sum equal to 66 2/3% of each share of the estimated cost of the construction x~ork necessary, for the PROJECT. All moneys shall be deposited with the COUNTY prior to the issuance of a notice to proceed to the construction contractor. The COUNTY will contract with the consultant and with the construction contractor in accordance with the COUNTY's purchasing policy, standard county procedures and ail applicable State and Federal laws and regulations. The COUNTY shall be solely responsible for monitoring the performance of any consultants and construction contractors hired for the PR. OJECT and for making payments to same. The LANDOWNERS shall not have any obligations to the consultants or construction contractors nor shall they be parties to the contract between the COUNTY and the consultants or construction contractors. The LANDOWNERS sole obligation will be to make payments to the COUNTY as set forth in this Agreement. Any additional funds required to complete the PROJECT, should the need for such additional funds become evident based on the results of the construction bids, shall be deposited by the LANDOWNERS with the COUNTY prior to the execution of'the construction contract. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I1. 12. 13. 14. Should the need for additional funds become evident during the course of construction due to either changed conditions, changes in the scope of work or additional work made necessary to complete the PROJECT in accordance with the design intent, such funds shall be deposited by th~ LANDOWNERS with the COUNTY within five working days of written notice by the COUNTY to the LANDOWNERS. Upon completion of the PRO~IECT any excess funds remaining in the PROJECT account shall be returned to the LANDOWNERS in proportion to their respective shares. All reports, plans and other work product prepared for the PROJECT shall be the property of the COUNTY. This Agreement can be terminated by mutual agreement of all parties and shall be recorded in the Official Public Records of Collier County. 15. The COUNTY confirms to the LANDOWNERS that joint sponsorship of the Project does not include the Pine Ridge Road widening referred to in the study attached as Exhibit "A" and that the LANDOWNERS will not be obligated to share in such road widening costs. LANDOWNERS acknowledge that the COUNTY will request their cooperation in providing any right-of-way necessary to accommodate the additional widening made necessary by the dual left turn configuration at Napa Boulevard. Page 4 of 5 IN WITNESS WHEREOF, the pm'ties hereto have caused this instrument to be executed in duplicate by their proper officials or officers, duly authorized so to do, and have affixed their seals the day and year first above written. ATTEST: VINEYARDS DEVELOPMENT CORPORATION Michel A. Sa~deh, President & C~ Michael Procacci Typed Name ATTEST: ATTEST: Name Dougall McCorkle ATTEST: (a/~o n - p r o fit/gm~a~,~r' Signature and Title of Signing Office.r,.. CROSSROADS MARKE'I~II~, INC. S~'nat6re~nd Title of Si~ng O~cer g ~~ j. ~, v.P. BO~ OF CO~ CO~ISSIONERS COLLIER CO~Y: FLO~DA D.ight E. Brock, CLERK BY: Timothy L. Hancock, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEtGEL Collier County Attorney 090497/O:~ECRl-?5-Napa-Pine Ridge Agteemem.with Page $ of 5 TECHNICAL MEMORANDUM No.1 OI~HILL Pine Ridge Road/I-75 Interchdnge Traffic Study Pine Ridge Road Median Opening at Napa Boulevard pp.v~ Fort: Collier County ~u,A.,~o BY: CH2M HILL DA~ ]~y 31, 2997 Background In Se?tember 1995, CH2M HILL completed a traffic study for the Pine Ridge Road/l-75 interchange. This original study, dated September 28, 1995, recommended near term and long range improvements to Pine Ridge Road and the intersecting interchange ramps with I-TS. Following completion of that report, Collier County and FDOT received a request to maintain the existing median opening at Napa Boulevard and Pine Ridge Road located approximately 1300 feet east of the 1-75 northbound ramp intersection. The September 1995 study did not consider the traffic operational impacts of a median opening at Napa Boulevard. This memorandum supplements the September 1995 study to consider the effects of a median opening at Napa Boulevard· Thre~ intersections are considered in this supplemental study: Pine Ridge Road and the southbound I-T5 ramps (Intersection 1), Pine Ridge Road and the northbound 1-75 ramps (Intersection 2), and Pine Ridge Road and Napa Boulevard (Intersection 3). Traffic Data Traffic data for this supplemental study are based on existing and forecast traffic volumes presented in 1-75 Multimodal Master Plan prepared by FDOT. The opening year for proposed interchange improvements is 1998 and the nominal design year is 2020. FDOT provided existing (1994) AM and PM peak hour turning movements at the interchange without the proposed median opening. FDOT dso furnished design year 2020 AM and PM peak hour turning movements at the interchange and at Pine Ridge Road and Napa Boulevard with a median opening on Pine Ridge Road. i~B~lan M~M ~3 0'13157 Opening year (199S) traffic forecasts were developed using the 1994 and the 2020 forecasts provided by FDOT. Existing traffic volumes were.assumed to grow by 3 percent per year from 1994 to 199S. It was further assumed that approximately 30 percent of the year 2020 Napa Boulevard traffic would occur by the year 1998. T~rty percent of the Napa Boulevard traffic was assigned to the network based on ex~sting traffic patterns. Armual traffic growth from 1994 to 1998 and 30 percent of the Napa Boul~'ard traffic was added to the base year 1994 volumes to arrive at an oper~g year forecast with the median opening at Napa Boulevard. T~e 1998 ,,Uvi and PM traffic volumes are surr~arized in £x~ibit 1. Design year (2020) A.M and PM peak hour volumes were taken directly from FDOT's 1-75 MultLmodal Master Plan and are sum.marized in £x~bit 2. Based on the traffic forecasts, volumes at the three intersections included in this study are expected to increase between 1998 and 2020. However, in some cases the peak period traffic is less in 2020. The traEic model used to develop the long-range traffic [orecasts includes several new, or up-graded east-west arterials north and south of Pine Ridge Road. Vanderbilt Beach Road is proposed to be extended easterly to 1-75 2.0 miles north oi~ Pine Ridge Road. A ~ull interchange is proposed at Vanderbilt Beach Road and 1-75. A new interchange is also proposed at Golden Gate Parkway which is 2.5 miles south of Pine Ridge Road. Each of these new interchan§es are expected to draw traffic from Pine Ridge Road. Intersection Geometry for 1998 and 2020 Intersection geometry and lane arrangements for both the opening year and design year are based on recommendatior, s in the 1-75 Multimodal Master Plan and are summarized in Exl'dbits 1 and 2. Pine Ridge Road is assumed to have three basic lanes in each direction with exclusive left turn lanes at each intersection. Traffic Analyses These analyses focus on impacts to the 1-75 ramp ~tersections and traffic progression along Pine Ridge Road assuming that the median opening at Napa Boulevard is maintained. I I I I I I Methodology Several different analysis packages were used to model traffic operations and determine optimal signal timing at the study intersections. PASSER II-90 was used to develop initial phasing and timing schemes to optimize progression along Pine Ridge Road. SOAP84 was also utilized to analyze initial phasing and timing plans. Results from the initial PASSER and SOAP analyses were input into TRANSYT-TF to develop the final phasing plans, signal timings and offsets. The TRANSYT-7F analyses were prepared to provide progression along Pine Ridge Road while still maintaining reasonable levels of ser,'ice on side road approaches. Results of the TRANSYT-7F and the SOAP analyses are attached to this memorandum. Weaving on Pine Ridge Road A primary operational and safety concern associated with providing a median opening at Napa Boulevard is weaving traffic on Pine Ridge Road between the northbound exit ramp from 1-75 and the eastbound left turn at Napa Boulevard. Under e~sting conditions the right turn from the 1-75 northbound exit ramp is flee flow and yields to traffic on Pine Ridge Road. When Pine Ridge Road is widened, traffic turning right from the exit ramp and then wanting to turn left onto Napa Boulevard will be required to yield to Pine Ridge Road eastbound traffic and make at least three lane changes within less than 1000 feet. At FDOT's request, a weaving analysis using the HC..S sofware was completed for eastbound Pine Ridge Road between the 1-75 northbound ramps and Napa Boulevard. This two-sided weave, formed by the free flow fight hand entrance to Pine Ridge Road followed by a left turn to Napa Boulevard, was analyzed as a Type C weaving area. Under this configuration the through traffic on Pine Ridge Road is functionally a weaving volume. Traffic turning fight from the 1-75 ramp and then left to Napa Boulevard must cross all lanes of Pine Ridge Road to execute their maneuver. Based on the HCS analysis the weaving section would operate at LOS E to F during each of the 1998 and 2020 peak periods (See Appendix for HC.S output). The HCS model predicts weaving and non-weaving speeds between'35 mph and 27 mph. These operating Slmed are over 10 mph b~low the posted speed limit of 45 mph. i~01,~ uOaV3 073197 I To eliminate the potential weaving problem it is proposed that the existing free flo~¢ right turn lane on the exit ramp be reconstructed parallel to the le~t turn lanes and placed under signal control. With this treatment, weavLng would be controlled by the signal. Right turn.ing traffic ~'ould still be required to change lanes to make a left turn at Napa Boulevard, but the movement could be made freely wh.i.le eastbound Pine Ridge Road traffic is stopped at the ramp intersection. All the traffic analyses assume that this right turn lane is reconst~cted and controlled by the signal· I I I' Traffic Operations Traffic operations were analyzed under four scenarios, I998 AM and PM and 2020 AM and PM. The TRANSYT-7'F analyses were run to determine the optimum cycle length and inter~'al timing to min.imJze intersection delay and maintain progression on Pine Ridge Road. Signal timings and time-space diagrams with progression bands for each scenario are included in the attached materials. ! I 1 Intersection average delay and volume to capaci~' ratios as reported in the TRANSY'Z?F ou~ut are sum.ma~ed in Table 1. Each intersection will operate ,.veil at Level of Service C or better in the opening year and LOS D or better in the design year. The timing and phasing plans provide progression at the 4~ M.PH in both the eastbound and westbound directions. See the attached time space diagrams for signal offsets and progression bandwidths. The primary purpose of these analyses are to demonstrate that the proposed lane arrangements will safely and efficiently accommodate the forecast traffic volumes with a reasonable level of progression on Pi,ne Ridge Road. The signal timings offsets, and phasing plans should be further refined to even out delay and V/C ratios on the side streets and improve progression on the arterial based on actual traffic conditions at the time of construction. Storage Lane Requirements Queue length requirements are sunu:na.~ed in Table 2. These lane requirements were calculated using the formula in FDOT's Plans Preparation Manual with a default cycle length of 120 seconds. These dimensions do not include deceleration/taper distances. The total turfing lane requirements are presented in exhibit. The TRANSYT-7F and SOAP output also provide an estimate of maximum queue length for comparison pm'poses. It is important to note that the TKANSY'I'-TF queue includes vehicles that arrive during the green phase and join the back of the queue, while the front of the queue is discharging during the initial seconds of the green phase. Using the FDOT formula, The 2020 storage length requirement for the Pine Ridge Road eastbound dual left turn movement at Napa Boulevard is $15 feet. The 1998 storage length for the same movement is calculated to be 245 feet. Based on the uncertainty of development in the northeast quadrant of the interchange, the projected traffic making the eastbound to northbound left turn (974 in the 2020 AM peak), and engineering judgment, it is recommended that 510 feet of dual left turn storage be initially provided for the eastbound to northbound movement at Napa Boulevard. Pine Ridge Road should be designed and constructed to allow for the future extension of these left turn lanes to 815 feet of storage if needed. FDOT staff has concurred with this recommendation. Conclusions Maintaining the existing median operdng at Pine Ridge Road and Napa Boulevard requires reconstruction of the free flow right turn lane from the 1-75 northbound exit ramp. This modification is required to control weaving on Pine Ridge Road between the ramp terminal intersection and Napa Boulevard. The turning lane should be reconstructed to be parallel to the left turn lanes approaching the intersection and should be controlled by the traffic signal at the ramp terminal. The right turn lane only needs to provide 270 feet of storage on the ramp, but the storage for the lane should begin approximately 355 feet south of the stop line to ensure the lane is not blocked by queued left turn traffic. In addition, an eastbound dual left turn with a storage length of 510 feet should be provided at Napa Boulevard. With these modifications and the proposed lane arrangements presented herein, the intersections studied will operate at acceptable levels of service in the opening year and the design year. Furthermore, good progression can be maintained on Pine Ridge Road between the interchange and Nape Boulevard with proper signal phasing and coordination. EXE(~UTIVE SUMMARY- APPROVE BUDGET AMENDMENT FOR RIGHT-OF-WAY ACQUISITION ACTIVITIES FOR COUNTY BARN ROAD FOUR LANING IMPROVEMENTS, CIE NO. 033 .... " ~ Secure a Budget Amendment approval fi.om the Board of County Commissioners to partially fund right-of-way purchase agreements for the County Barn Road project (Davis Boulevard to Rattlesnake Hammock Road). (~ONSIDERATION$;. On August 13, 1996 [under Agenda Item No. 16 (B) 6], the Board approved Resolution No. 96-356 and directed staffto commence with right-of-way acquisitions for County Barn Road in the sum of $470,285. At that time, the 1997 fiscal year Annual Update Inventory Report (AUIR) listed the year 2000 as the forecast deficiency date for County Barn Road. Due to subsequent changes in the forecast road system capacity and travel patterns in the East Naples area (which are partially attributable to the recent four laning of Davis Boulevard, C.R. 951, and Rattlesnake Hammock Road), the fiscal year 1998 AUIR extended the deficiency date for County Barn Road to the year 2006. This road planning action postponed the construction start date for four laning improvements and also caused the previously authorized right-of-way funds for County Barn Road to be diverted to other pdodty roadway projects. Consistent with the Board directive of August 13, 1996, the Real Property Management Department initiated right-of-way acquisition processes for all project land pare, els during September 1996. These efforts have included completion of title commitments and land appraisals, public meetings, legal revi~v~, purchase agreement preparations, and actual negotiated purchases for approximately fifteen (15) of the thirty-six (36) required right-of- way parcels. It is noted that although no funds are presently available in the riscal year 1998 project budget to support the right-of-way purchase agreements, staff adjusted the transportation program budget and the 1998 AUIP, to include an allocation of $200,000 for County Barn Road land acquisitions. Accordingly, staff recommends that the Board approve a Budget Amendment to consummate existing right-of-way purcha.~ agreements in an amount not to exceed $200,000. The rc, maiMng neces~ funds on the order of $270,285 would be budgeted in 1999 and/or subsequent years. Staffs recommendation to proceed now with partial land acquisitions is put forth to avoid future additional costs for updating title commitments and land appraisals. Moreover, Collier County will be able to minimize land cost increases attributable to future market values while maintaining credibility with previously contacted property owners. !~XECUTIVE SUMMARY AWARD CONTRACT TO HIGHPOINT GENERAL CONTRA~G TO CONSTRUCT PICNIC PAVILIONS AND PUMPHOUSE BUILDING FOR SUGDEN PARK, (BID 97-2757) (PRO~ECT ~V80081). ~ _ ~ To award a Contract for construction of building improvements for Sugden Park (Bid 97.2757). {;ONSIDERATIONS: Advertisement for bids was posted on November 14, 1997. Invitations to bid were sent to over twenty-five vendors. Sealed bids for Bid No. 97-2757 were opened on Decemb~ 10,1997. The summary ofthe bids received is as follows: l-lighpoint General Contracting J. L. Wallace W. I. Varian Construction Taylor-Pansing Surety Construction D. Garretl Construction $133,111. $144,640. $148,500. $149,900. $1 $6,000. $I$9,000. The Office of Capital Projects Management has reviewed the lump sum prices and has found them to be correct as tabulated. The Architect's estimate of probable cost for the project was $168,000, The Architect has recommended that Highpoint C. ren~ Contracting be awarded the contract. Based upon a review of the qualifications and experience of' the Iow bidder, together with the knowledge that this same vendor successfully completed similar installations in Collier County, Florida; staff r~omm~s tlgs Conwact m be awarded to l-Iishpoini Generg ConUacfing for th~ amount of` $133,111. ]~[SCAL IMPACT: Funds are available in FY 97/98 budget for this project as follows: (/~P~ojnd N°': o.st Center No.: eot No.: Cost: 345 (Regional Parks Countywide) (116360) Parks Capital Project (80081) Sugdzn Park $133,11 !. to be obligated in the budget for FY 97/98. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 724 is consistent with the Recreation and Open Space Element of the Growth Management Plan. Executive Summary - Award Contract for Buildings at Sugden Park D~b~r 11, 1997 Page 2 I~.ECOMMENDATION3- That the Board of County Commissioncrx: 1. Award a contract for Bid No. 97-2757 to Highpoint C.~-neral Contracting for the amount of $133,11 i. 2. Authofiz~ the Chairman to execute the Contract. REVIEWED BY: -- Date:~ Date:~ Date: ~ Public Works Dix-ision ~ oooooo ;~ i~ ' OOO000 ~ DO0000 ' ~' · ~l '"-'"'~ tit ~ -..',-,._ ~.~ Victor J. Latavish, AIA Architect MEMORANDUM Date: To: Attn: From: Project: Re: December 19, 1997 Collier County Office of capital Projects Management 3301 Eas% Tamiami Trail Naples, Florida 34112 joseph Delate, ASLA victor J. Latavish, A=A ~ Picnic Pavilions & Pumphouse Building at Sugden Park Bid ~ 97-2757 Rcccm~cndation to Award Contract to Low Bidder i have reviewed the bid tabulation for this project and recommend the contract be awarded to the low bidder, High Point General Contracting. The 8% difference between their low bid and the 2~, 3'~, and 4'" bids is probably due to mobilization costs, where Highpoin: has a clear advantage since they are already working on-site, have also reviewed their references and experience, and feel they are certainly capable of building these structures. Please feel free to call if I can be of further assistance. ~ExKCUTIVE $I~MMARY Al)PROVE THE LEASE AGREEMENT WITH BIG CYPRESS ELEMENTARY SCHOOL FOR TIIE USE OF THEIR CAFETERIA. ~ To obtain approval from the Board of County Commissioners to enter into a lease agreement with Big Cypress Elementary School, allowing the Office of Capital Projects Management (OCPM) to use their cafeteria for a public meeting scheduled to be held on Thursday, January 8, 1998. CONSIDERATION: The OCPM in-house design staff is planning to conduct a public ~eeting regarding the Golden Gate Boulevard Widening Project #63041 (CIE #62) at the Big Cypress Elementary School Cafeteria. The purpose of this meeting is to allow the City of Naples to address concerns, and answer questions the general public and the property owners may have regarding the 10' shifted Typical Section which was proposed by the City of Naples and approved by the Board of County Commissioners. The project extends from C.R. 951 to Wilson Boulevard. FISCAL IMPACT~ The fiscal impact to Collier County is none. GROWTH MANA~;EMENT IMPACTI This project is consistent with the Growth Management Plan. ]i~ECOMMENDATION~ That the Board of County Commissioners approve the lease agreement with Collier County School Board for the use of Big Cypress Elementary Cafeteria and authorize the OCPM Director to execute same. l)REPARED BY: REVIEWED BY: REVIEWED A. Nyankadau Korti, Project Manager Office of Capital Projects Management ' r ~,dolfo A. ~onzalez~.E., ~o Office of Capital Projects Management Date: Public Works Division cc: Richard Hellriegel, P.E., Sr. Project Manager, OCPM COLLIER COUNTY PUBLIC SCHOOLS ;CHOOL FACILITIES LEASE AGREEMENT eTHIS LEASE. entered into this__ day of . 19_, by and between the School Board of Collier County. Florida. hereinafter referred to os Ihs School Board, and Call:[Pr C. mmf;.v ~oard. hereinoCter referred to as the User, o£ County Co~issioners WITNESSETH: The parties to this lease have agreed that the following terms and conditions shall be appllcable to the lease of any of the School Board focililies described herein. 1. School Board Policy No. KG, as adopted by the School Board. May 6. 1982. shall be incorporated by reference into this Lease and is included on the reverse as a port hereof, and the parties agree to be bound by the terms and conditions found herein, 2. The following information is presented by the User In order to obtoln the required facilities and the User affirms that said facts are true and correct to the best of its knowledge and belief: I. Name al school:BaR Cypress Element:arT School b. Ostas building to be used: ,,, Januar? 8. 1998 o. Number of meetings: O~e d. Hours building to be used: 7:00--9:00pm. Anticipated attendance: 1.50 f. Purpols of uso: Public HeartnR g. Is meeting free to public: Yes h. What price la charged to attend: ns_ I. Name cf organization using facilities: L;oJ.J.:Ler Count.! l~oard of Count;! (X)mm:Lssioners ]. Name of User's President end telephone number: Ttmot:hT [,t .Hancock, Chairman of ]~)prd O[..Commt~}stonors ke I. m. Check (X) facilities needed:* ( } Classroom ()~ Cafeteria, Science/ ¥ocstlonal Lib ( ) Kitchen ( ) Oymnltlum _Non HVAC ~Mlddle w:HVAO ~HIgh w,'HVAC Name of User's Treasurer and telephone number:. Furnllhtngl or IplClll prlplrltlOnl needed: Tab'les, Chairs, Hi~rophgq~. Podium { ) Auditorium ( ) Baseball Field ( ) FootbllllSoccsr Field _Middle _Without lights _Without Lights _High _With lights _With Llghll _LELY HIGH ( ) Softball Field ( ) Trick ( ) Outslda Play fields _Without lights _Without Llohtl _Non.watered _Wlth lights _With Lights _Watered ( ) OTHER Use of these facilities is allowed for up to slx (6) hours at the current rental rates, regardless of the number )f events scheduled within this time Iimlt, Use In excess of six (6) hours shall be charged o prorated amount In minimum Increments of two (2) hours each. I (We). Collier bunt! (User), o legal corporation and/or citizens of the State of Florida and of the United States of America, do solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I om not a member of the Communlst Party; that I have not and will not lend my old, support, advice, counsel or Influence to the Communist Party: that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence: that I am not a member of any organlzotlon or party which believes In or teaches, directly or indlrectly, the overthrow of the Government of the United States or of the State of Florlda by force or violence. Furthermore. the organization that I represent subscribes to the above statements of loyalty. ,SIGNATURE · "i~'- :,ADDRESS .... IADDIlconIs. Dleos~ ~~le below thls line) CITY Ar..t chments: If apppCable: ZIP PHONE Venl"~ation of lnsmlrCe List of da,es facLlit~es wall be used Check p~yable to Collier Coemy Pubhc S, choot$ Copy of ptolram'prt~entzoon Before thls lease becomes official, It must bear the deslgnaled signatures. Principal ALL payments must be made In advance, RENTAL FEES SALES TAX S. DEPOSIT S ADDITIONAL S CHARGES · S per use X uses or Tax Exempt I.D.S (High School auditoriums) OAsslstant Supt./Administration TOTAL S Check No Canary: Business Office PINK: School ^,,,,,,,,,, / ': 'p I 31114 Rev. 12/96 . , .. t . EXECUTIVE SUMMARY TO OBTAIN BOARD EXAMINATION AND APFROVAL OF THE SUFFICIENCY OF BONDS OF COUNTY OFFICERS. OBJECTIVE: To comply with Florida Statutes, Section 137.05, regarding the Duty of County Commissioners to examine the sufficiency of Bonds of County Officers. CONSIDERATIONS: Section 137.05, Florida Statutes, provides: The county commissioners of the various counties of the state shall at their regular meeting in January and June of each year examine carefully as to thc sufficiency of bonds of the county officers of their respective counties, and if by reason of death, assignment, or insolvency of any of the sureties on the bonds of said officers, they have reason to believe that the sufficiency of said bond has become impaired, they shall at once report the same to the Governor, who shall call upon and require such officer or officers to execute and file with the proper officer a new bond for the same amount, under thc same conditions as his former bond. The Risk Management Department has checked the current ratings of the sureties for each bond and found them to be satisfactory. No reason was found to believe that the sufficiency of said bonds has become impaired. A list of all bonds is attached. The amounts of the bonds have been reviewed by the County Attorney's Office and all appear to be within the bounds set by Florida Statutes. In reviewing the sufficiency of the bond amounts, the Board must refer to the Florida Statutes sections shown for each officer below. TAX COLLECTOR F.S. 137.02: The tax collector of each county shall give bond in a sum to be fixed by the board of county commissioners of the respective county, subject to the approval of thc Department of Banking and Finance as to amount and surety. This bond shall be specifically conditioned to account duly and faithfully for all taxes collected by the lax collector. In fixing said bond the board of county commissioners shall take into consideration the amount of money likely to be in the custody of the collector at any one time. PROPERTY APPRAISER F.S. 137.03: The county property appraiser shall give a bond, the amount of which shall be fixed by the board of county commissioners at not less than $1,000 or mor~ than $I0,000. In fixing the amount of said bond, the board of county commissioners shall take into consideration the amount of money likely to be in the custody of the property any one time. I SHERIFF F.S. 30.02: In each county in the state, having a population in excess of 150,000 according to the last stae census, the sheriff shall, before being commissioned, give bond in a penalty which shall not be less than $10,000 nor more than $25,000 to be fixed by the board of' county commissioners of' his county, payable to the Governor of' the state and his successors in office, with two or more good and sufficient surer|es to be approved by the board of county commissioners and the Department of Banking and Finance, and to be filed with thc D~artmcnt of' State, which bond shall bc conditioned upon thc i'aith~ul discharge of thc duties of'his office. SUPERVISOR OF ELECTIONS F.S. 98.015: (1) A Supervisor of Elections shall be elected in each county at the general election in each year the number ofwhich is a multiple of four for a 4-year term commencing on the first Tuesday after the first Monday in lanuary succeeding his election. Each supervisor shall, before performing any of his duties, take the oath prescribed in s. $, Art. II of the State Constitution and give a surety bond payable to the Governor in the sum of $$,000, conditioned on the faithful discharge of his duties. COUNTY COMMISSIONERS F.S. t37.04: Each and every county commissioner of the several counties of the state, elected or appointed to such office before he is commissioned, shall be required to give a good and sufficient bond with not less than two sureties, or a surety company duly authorized under the laws of the state, in the sum of $2,000, conditioned for the faithful p~.~t'ormance of the duties of his office, which bond shall be approved by the board of county commissioners and thc Deparlment of Banking and Finance. The premium of the bonds given with surety companies as sureties shall be paid out of the county treasury. CLERK OF COURTS F.S. 28.02: In each county of the state, having a population in excess of 150,000 according to the last state census, the clerk of the circuit court shall, before being commissioned, give bond in a penalty which shall not bc less than $5,000 nor more than $100,000 to be fixed by the board of county commissioners of his county, payable to the Gory'nor of thc state and his successors in office, with two or mor~ good and sufficient sureties to be approved by the board of county commissioners and thc Department of Banking and Finance., and to be filed with thc D~artrnent of State, which said bond shall be conditioned upon the faithful discharge of thc duties of his office. Section 137.10, Florida Statutes, eliminates the two ~ r~luir~ments found in soma of the above-mentioned statutory sections where such surety is a surety company authorized to do business in this state. All of the bonds on the attached sheet ar~ with such a surety comoanv. JAN 0 6 1998 FARMERS HOME ADMINISTRATION Fidelity Bond: The Fidelity Schedule Bond involving utilities finance and the Farmers Home Administration in the amount of $150,000 is to comply with the loan resolution entered into by the Board of County Commissioners on luly 24, 1979 (attached as Exhibit A). Said loan resolution authorized and pwvided for the incurrence of indebtedness for the purpose ofproviding a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending sewage collection services within the area of the Marco Water and Sewer District (Marco Sewer Phase I Improvements). In said loan resolution, it is provided that the Board of County Commissioners acquire and maintain such insurance coverage, including fidelRy bonds, as may be required by the United States Government, Farmers Home Administration. County Stall'has been advised by Insurance Risk Management Services (the County's insurance broker) that the amount of the bond presently required to meet Farmers Rome Administration re~luir~rnen~s is $150,000. As reflected in the attached schedule, thc premium for said bond is $351. Each fiscal year, review and changes are performed for allowance of reduction of indebtedness of the value and reduction of outstanding bond value. Premiums are assessed for outstanding bond value. FISCAL IMPACT: All premiums listed arc for the life of thc bond except the Tax Collector's, which is an annual premium. Costs associated with this bond is $1,500.00. Funds for that particular bond are appropriated under thc Tax Collector's budget and have been paid. There is no other fiscal impact on the current 1997-95 fiscal year budget. GROWTH MANAGEMENT IMPACT: NONE. RECOMMENDATION: That the Board examine and approve the sufficiency of the bonds on the attached list. PREPARED ~agemen Analyst B t REVIEWED By:~ ~'-r'~------------- .l~ Walker, Risk Management Director REVIEWED Leo E. Ochs, ~Ir., Support,.~ices Administrator DATE:~ _DATE: JAN 0 6 1998 EXilZBZT A JAil 0 6 ~9~'8 I ,,o._..,~ | JAN 13 6 1698- / _,,._ /.-| I~EM NO.: FILE NO.: ROUTED TO: DO NOT WRXTE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 9, 1997 To: David Weigel, County Attorney County Attorney's Office From: Lynn A. Evans, Senior Risk Management Analyst Risk Management Department Re: Review for Legal Sufficiency of Performance Bonds for Elected Officials BACKGROUND OF REQUEST/PROBLEM Florida Statutes 137.05 states that Commissioners shall examine the sufficiency of the Public Official Bonds of County Officers twice each year. The Commission~rs last examined the Bonds for sufficiency in January of 1997. A list of all bonds is attached and they have been reviewed by the Risk Management Director and appear to be sufficient for purposes of Florida Statutes 137. This item has been previously submitted according to Florida Statute 137 guidelines. Requesting review of bond sufficienc~ to meet requirements of FS 137. ACTXON REQUESTED: Your legal review is required prior to this item being acted upon. Need to have approval by Board of County Commissioners during the months of January and June of each year. OT~ COMME~S: Immediate this item may be placed on January Board meetings. approval is requested in order that the agenda prior to the end of the tg'q'qq Jeff ~alker, Risk Management. Director Leo E. Ochs, Jr., Support Services Administrator EXECUTIVE SUMMARY: APPROVAL TO AWARD BID #97-2761 FOR MOVING SERVICES. ~ To have the Board award Bid # 97.2761 to establish contracts with qualified professional movers. (~0NSlDERATIONS: On November 24, 1997 the Purchasing Department published and distributed bid packages to eleven (11) vendors for professional moving services at all County Government owned or leased property. A bid opening was held on December 17, 1997, with five (5) bidders submitting. See attached bid tabulation sheet. The bid results am based on a total of the attached contract formulas and are as follows: Adkins Transfer, Inc. Suncoast Moving, Inc. Schaap Moving, Inc. Best Moving. Peluso Movers. Staff recommends award to the three lowest contract is for two years, with a one year renewal. $374.55 $454.25 $46225 $552.50 $603.00 bidders (highlighted above). The FISCAL IMPACT..: It is estimated that less than $30,000 per year wgl be spent for these services Countywide. Funds are appropriated in the operating and capital budgets of the respective using agencies and departments. GROWTH MANAGEMENT IMPACt:: None. ~ECOMMENDATION,~: That the Board of County Commissioners award bid #97- 2761 to Adkins Transfer, Inc., Suncoast Moving, Inc., and Schaap Moving, Inc., as described within this summary and the attached bid tabulation sheet, to authorize the Contract Manager to approve change orders not to exceed the cost center, and authorize the Chairman to execute the contract after review by the County Attorney's PREPARED BY: Department of Faa'lities Management DATE: Executtve Summa~ Cont. Bid ilt~7.,~751 Page Two Skip Camp, CFM, Director Department of Facilities Management §tepfie"~ Y. C~nell, Director Department of Purchasing Support Sewices Division _DATE: JAN 0 6 1998 I Pg' ~ ..... ,i The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along witl~ the responses as stated on the bid proposal pages. Award of bid shall be made up to three (3) of the lowest, qualified and responsive bidder(s). Award will be based on the total of the two following formulas: PaGe 8 A. Hourly Rate for 2 men and truck X 4 hours + supplying 80 1.5 CF X cartons X rate + 3 rolls X rate of 2"x60 yards tape = Subtotal B. Hourly Rate for 2 men and truck for 4 hours to pickup of 80 cartons + deliver to storage = Subtotal Subtotal A + Subtotal B = Total tZ~Zg/fT It:IT 12/2911~7 10: 3~ ~1 813 335 ~707 STATE A'~5'k' ~OTI~ (J.s177,~8ff28 BJD(~'T OF~'ICE PA(~ ~OOZ e2 EXECUTIVE SIYNIblARY APPROPRIATE FUNDING FOR THE STATE ATTORNEY TELEPHON~ FOR FISCAL YEAR 9'1 OBa'~CTIVE: To appropriate funding for the State A~omey's telephone bills from fiscal yea~ 1996/97 CONSID15RATION$: For fisc~t year 9'I the St~t~ Attorney's Office budgeted S25,000 for telephone service. At the end of FY 97, a baltne.,e of $15,036 wis &vfilsble in that line item however, due to latc bU1ing ~nd proc~$ing six moatbs of service totaltag $13~06. were not chaxged to last fiscal year. A budget amendment is requited to tlle~te General Fund r~s~es to A~orney's 0~ budget for ~ 98 for [~t ye~'s t~ephonc se~i~. completed ~ am~dmcnt will bc ~u~t~ to ~c addi~onal xvill include the ~spent tcl~hone budget pr~iously ~o~t~ to ~e S~te ~tomey. GROWTH ..'VlAI~AGEI~ENT II~'IPACT. Noae FISCAL IMPACT: Suffkicnt funds are available in Gen,a"A1 Fund t'~e~s (001- 919010) m transfer $13,206 to ~e State Attorney's budget (001-443010) RECObflVlE~ATION: Approve budget amcndmcnt to transfer $13,206 for Gtatr~l Fund re~erve~ to State A~. D~ M. Pc~lm~ ~five Dk~r Reviewed by:.. ~ ~: Michael Smykowski. OMI5 Director AGD A rrla JAN § 1998 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 1/6/98 Roads CIP (313) Budget Amendment 98-098 Roads Project 69115, C.R. 951 S. Monitoring Project 61005, Master Mi0gatlon, Roadway CP Total $1 !,900 ($11.900~ S~ F~it cond~dons related to the C.R. 951 l~ro~ct, CIE No. 60. Road & Bridge Fund (101) Budget Amendment 9~-lM Capital Outlay (Office Equipmen0 $3,200 Operstl._~ Expense (Lease Equlpme~a) Toutl 0 are nteded to purchase a Konica 3135 Copier acquired on a two-year lease Ixm:hase agreement. 'f"ne ~=_-~'~-~t-~ is ex¢~__~-~, the option to purc~ the unit a! the e_~_ of the kl~ period. Road & Bridge Fund (101) Budget Amendment 98-10~ Ope~-.~ Expenses (Other Conu'ac~! Se~) Reven~: Transfer frczn General Fund ~ and ~tm. es for a janitot~! conner are being move frmn ~ Rind & Bridge lxalget m ~b~ ~ ~ Fired MI) Opent~ Expemes (Oa~ Contncted Transfer to Road & Brkl~ Tmal 0 Punding ,,~ expendinues for a janitorbl ~t are being move frmn d~ Rind & Bridge bmJget to ~ ~ JAN U 6 1998 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANIJARY 6, 1998 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 97.2604-MMA, 97-3428-MMA, 97-7052-MMA, 97.7775-MMA, 97-0529-MMA, 97-4759-MMA, 97-3142-MMA, 97- 1537-MMA, 97-4714-MMA, 97-6358-MMA, 97-1065-MMA, 97-3887-MMA, 95- ! 0192-MMA, 96-8614.MMA, 96-5336-MMA, 96-7973-MMA, 97-0695-MMA, 97- 7239-MMA, 96-1664-MMA, 96-9563-MMA, 97.7243-MMA, 97.00092-CFA, 97-0454- MMA, 96-5092-MMA, 97-3370-MMA, 95.00725-MMA, 95-1856-MMA. ~II$CELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Minutes: A. Naples Airport Authority - minutes of November 21, 1997 meeting and Naples Airport Noise Compatibility Committee minutes of November 20, 1997. Referred to BCC. B. Environmental Advisory Board Agenda - agenda for the December 3, 1997 meeting and minutes of November 5, 1997 meeting. Referred to BCC. C. Environmental Policy Technical'Advisory Board agenda for December 8, 1997 meeting. Referred to BCC. D. Collier County Health Department Advisory Board - minutes of November 3, 1997 meeting. Referred to BCC. E. Collier County Historical & Archaeological Preservation Board - minutes of November 14, 1997. Referred to BCC. F. Library Advisory Board - minutes of October 22, 1997. Referred to BCC. G. Pelican Bay MSTBU Advisory Committee - agenda for December 3, 1997 meeting and minutes of November 12, 1997 meeting. Referred to BCC. H. Collier County Planning Commission - agenda for November 25, 1997 meeting and December 4, 1997 meeting. Referred to BCC. I. Public Vehicle Advisory Committee - minutes of September 3, October I and November 5, 1997. Referred to BCC. AGENDA .o. u.g. JAN 0 6 1998 Immokalee Beautification M.S.T.U. Advisory Committee - agenda for November 19, 1997, December 17, 1997, minutes of'November 19, 1997 and October 15, 1997. Referred to BCC. ' Historical/Archaeological Preservation Board - December 11, 1997 agenda. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - December 3, 1997 agenda and minutes of November 5, 1997. Referred to BCC. Lely Golf, Estates Beautification Advisory Committee - December 12, 1997 agenda and minutes of November 14, 1997. Referred to BCC. The Beach Renourishment/Malntenance Committee - December 4, 1997 agenda. Referred to BCC. Planning Commission - November 13, 1997 agenda. Referred to BCC. Emergency Medical Services Advisory Council - October 15, 1997 minutes. Referred to BCC. Golden Gate Beautification Advisory Committee - November 1 I, 1997 agenda and minutes of October 14, 1997. Referred to BCC. Letter from Michael Welsh, Controller, Tax Collector's Office to Timothy Hancock, Chairman of Board of County Commissioners referencing distribution of Cun'ent Ad Valorem Tax and Non-Ad Valorem Assessment to the Board of County Commissioners, after Tax Collector's commissions and distribution recap for year to date totals of taxes collected net of discount for 1993, 1994, 1995, 1996 and 1997. AGENDA .,ITEM No.~ JAN 0 IS l!tg8 EXECUTIV~ SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT AS TO PARCEL NOS. 141 AND 14lA IN THE LAWSUIT ENTITLED COLLIER COUNTY v. D/IVID N. SEXTON, TRUSTEE, et al, CASE NO. 94- 2826-CA-01-DRM. (BONITA BEACH ROAD RIGHT-OF-WAY) AND AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO FORWARD THE JOINT MOTION FOR STIPULATED FINAL JUDGMENT TO THE COURT FOR ACTION. ~ That the Board of County Commissioners approve the Stipulated Final ludgment as to Parcel Nos. 141 and 14lA in the lawsuit entitled Collier County v. David N. Sexton, Tru.vtee, et al., Case No. 94-2826-CA-01-DRM and authorize the County Attorney's Office to forward the .loint Motion for Stipulated Final Sudgment to the Court for action. CONSIDERATIONS: This matter concerns the County's action in eminent domain, relating to the above-named defendants and with respect to the Bonita Beach Road Four-Laning Improvement Project No. 60021. This project rests in the final stages of completion, requiring only the performance of certain enumerated tasks by Collier County, as required by the aforementioned Stipulated Final Judgment. On lanuary 4, 1995, Collier County dcT~osited with the Registry of the Court the sum of Fifteen Thousand Four Hundred Dollars ($15,400.00) for Parcel Nos. 141 and 14lA in accordance wilh the Stipulated Order of Taking dated December 19, 1994. The Stipulated Final ludgrnent (attached as Exhibit "A') provides for the settlement of the above referenced case as to Parcel Nos. 141 and 14lA. Collier County shall deposit the additional amount of Eleven Thousand Four Hundred Thirty-Nine Dollars and Seventy-five Cents ($11,439.75) with the Registry or,he Court within thirty days of the Court's order on the Stipulated Final SudgmenL Included in the additional funds to be deposited with the Registry of the Court is Four Thousand Two Hundred Ninety-eight Dollars ($4,298.00) as additional payment for Parcel Nos. 141 and 14lA and Seven Thousand One Hundred and Forty-One Dollars and Seventy-Five Cents ($7,141.75) for Defendant's attorney fees and costs. These fees and costs are the result of an action in eminent domain for the acquisition of necessary lands required to complete Transportation Project 60021 (Bonita Beach Road Four. Laning Improvements). Approval of this Stipulated Final Judgment will allow the Collier County Office of Capital Projects Management, in conjunction with the Collier County Transportation Dcparlment, to complete the rernaining tasks required to complete the Bonita Improvements. Executive Sununary CC v. David N. Sexton, Trustee, ct al. Pa~ 2 FISCAL IMPACT: The cost and fiscal impact is Eleven Thousand Four Hundred Thirty-Nine Dollars and Seventy-Five Cents ($11,439.75) charged against Transportation Account No. 331- 163650-60021 and will be deposited into the Registry of the Court. C. ROWTH MANAGEMENT IMPACT: None. RKCOMM~NDATION: That the Board of County Commissioners: I. approve the Stipulated Final Judgment and authorize the County Attorney's Office to forward the Joint Motion for Stipulated Final Judgment to the Court for action; 2. authorize the Chairman to execute any documents approved by the County Attorney's Office to achieve closure of this matter, 3. approve the expenditure of the funds as stated; and 4. direct staffto deposit the funds into the Registry of thc Court. Prepared by: Earlene M. Weber Legal Assistant Date R~ed by: . ..... Assis~mtx~2~unty A~omey Date dred by: C. W~g~! - - - Date County AUomcy h:ksc/cx summnO'~ v. Sextoo 2 AGE.NpA.~:~. ~ No.~ JAil 0 6 1998 EXHIBIT "A" IN THE CIRCUIT COURT OF TWENTIL:TM KIDICIAL ClR~ IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, ~ political subdivision of the State of Florida, DAVID N. S rON, Case No. 94-2826-CA-OI-DRM Parcel Nos. 141 and 14lA Defendants. ~;TIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff and Defendant, by and through their undersigned counsel, for entry of a Stipulated Final ludgment as to Parcel Nos. 141 and 14lA, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Plaintiff is the full compensation due the Defendant, I. M. BEALS ENTERPRISES, INC., and the Court being othcn~ise fully advised in thc premises thereof, it is thereupon ORDERED AND AD.TUDGED that the DefendanL'J. M. BEA~ BNTERP~, INC., has and recover; from the Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Fi~ecn Thousand Eight Htmd~l N'mety-Eight Dollars ($15,898.00) for Parcel No. 141, the property in fee simple absolute including improvements and cost to cure, and Three Thousand Eight Htmdred Dollars ($3,800.00) for Pat:el No. 14lA, Temporary Construction Easement through December 31, 1996, as full payment for the property interests taken and for any damages resulting to the r~maindcr, if less than thc entire property was taken, and for all other damages in connection with said parcels; it is No. ~./ JAN 0 6 1998 ORDERED that the following agreement between the parties, is hereby ratified and confirmed by the Court and the parties shall comply with the terms hereof: 1) The County will not require the Defendant, J. M. BEALS ENTERPRISES, INC., its successors and assigns, the property owner, to make any modifications to the site or the impwvements to alleviate any non. conformities as a result ofth/s ~aking. 2) The Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to the Collier County Land Development Code, agrees that the use of the remainder proper~ and the existing improvements shall be tx~ated as confo ~r~_~in~,. 3) The Plainti COLLIER COUNTY, FLORIDA. ag s to provide 4) '1'~ T~' C~ ~ ~n not be used for tbe sunge of equipment or ~ zad ~-ill only be used for ~ccess for the ~ of performing th~ road, utility md drainage work. $) Upon completion of the construction, the County agrees, at its expenses, to repair or replace substantiated damage to Owners property and the improvements located thereon, including any landscaping material in the Temporary Construction Easement areas, that may be directly caused by the construction activity. 6) The County agrees that the monument sign on the northeastern comer of the property may be witdlhl th~ Temporary Construction Easement arca and the County will preserve such signage during construction. The County further agrees to repair or replace any damage to the sign caused by any construction activity. The existing sign will not be required to be relocated to meet the required setback as the sign is being rendered non.conforming by virtue of this taking. ?) The County shall provide the property owner or the owner's agent/representative with at least forty-eight hours written notice prior to occupying the proper~ ·,~,' 2 JAN 0 6 1998 pe.: temporary construction easement a.rca. The County shall also advise the prop~y owner or thc owner's agent/representative with the estimated lcnl~h of time the construction activities will be ongoing in thc immediate vicinity and the anticipated length of'time the County will be using thc Tcmpora3/Construction Easement area. 8) Thc parking on thc North side of the parent tract shall be maintained as a result of the following conditions being available to the Defendant, J. M. BEALS ENTEP,.PRIS£S, INC., successors or assil~, at thc property owner's discretion: a) Reduction and/or elimination of the two (2) foot landscape buffer along the frontage with Bonita Beach Road. b) Reduction in parking space len~,th of up to two (2) feet, but not less tharl a minimum of sixteen (Iff) feet. twenty-two (22) feet. d) Vesting o f resulting setbacks in accordance with Section 2.1.I 3, Collier County Land Development Code. IT IS FURTH£R ORDEI~D that the Clerk of this Court shall disbm'se the total amount of Nineteen Thousand Six Hundred Ninety-Eight Dollars ($19,698.00) to J. M. Beals £nterprises, Inc., C/O C. Neil Gregory, Esquire, Catalano, Fisher & Gregory Chartered, 4001 Tamiami Trail North, Suite 404, Naples, Florida 34103, less any amounts previously paid; it is furth~ ORDERED that the property identified as Parcel No. 141 and the propctay interest identified as Parcel No. 14lA, being fully descr/bed in ~xhibit "A" attached hereto and incorporated h in, which vested in Plaintiff pursuant to the Order of taking dated December 19, 1994 and the deposit of money heretofore made, is approved, ratified and corffirmed; and it is further ORDER.I~D that the Plaintiff shall pay the Defendant's reasonable attorney fees in the total amount of $ 5,130.00 and the Defendant's costs in the total amount of$2,011.75; it is furtha' OP-,DElt.I~D that the Plaintiff shall deposit the additional total amount of $I 1,439.75 into the Registry of this Court within 30 day.~ of the date of this Stipulated Order of Taking; it is ~rth~ Aa;aDa / JAN 0 6 998 ORDERED that thc Clerk of this Court shall disburse the smount of$7,141.75, beins the Defendant's attorney fees and costs, to C. Nell Gregory, Esquire, Catalano, Fisher & Gregory Chartered, 4001 Tamiami Trail North, Suite 404, Naples, Florida 34103. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this of ,1997. day conformed copies to: C. Neil Gregory, Esquire Lawrence S. Pivacek, Esquire Vincent Murphy, Esquire lean G. Howard, Esquire Emestine Cousineau, CLA DANIEL R. MONACO Circuit Court ludg¢ ,IOINT MOTION FOR STIPULATED FINAL IUDGMENT Plaintiff and Defendant, by and through their undersigned counsel, hereby move the Couri to S. PIVACEK, ESQUIRE Catal~o, Fisher, & Gr,~gory Assistant County Attorney Charted Collier County Govt. Center 4001 Tamiami Trail N., Suite 404 Naples, Florida 34103 Phone: (941)262-8000 Florida Bar No. 441317 Administration Bldg., Sth Floor 3301 East T.ami .ami Trail Naples, Florida 34112 Phone: (941) 774-8400 Florida Bar No. 0995258 ATTORNEY FOR DEFENDANT, ~I. M. BEALS ENTERPRISES, INC. DATED:~~ ATTORNEY FOR PLAINTIFF That portl4n o( Lot 1. 2. omi ~. 81oc~ 1. 8oflita ~hore. Unit No. I. ~~ty. fl~ m ~h fiat9~ ~el. 8ef;nnklq. Containing I..3..~3 square ted (0.031 acres), mare ar I~ ee~gs ~e bes~ ue~ Sl~(~_~e ~~~. west Z~e ~ea of Tak~ I.~ ~f. NOT A SURLY ~[N~ ~:P[ARC RLS .. ~GAL OESCRIP~ON AND ~ET~ ~RT..O. 47~E ' ~ ~ ~~ ~~~, /~. BONITA BEACH ROAD PHASE I! IMPROVEMENTS FO(JO I 2447004000~ PARCEL: I,C~ r)A TI': c/~:/o X AGEND6 JAN 0 $. 1 J8 ' r'"' BONITA et.ACH ROAo (C.R.865) -- ' 1 1230+00 ~'~ ~ ~ '~ ~/ [~ ' I I / I-~' / · 'r -- ,~~ ~ , ,~, I ~ ~ ~-~r __~ . ~~--~~ ~ ~ ~ .. __ ..... I" ~ I ~ /~ ~~ " ~ = - r ..... · r:;... ~: ~ ..i ".. .... ' ......... ~.:.: s "1 ............ . ~ ~ty, R~ ~m~ Jt ~* ~ta~tI~ ~ ~ I~ ~1-~-~ r~ ~ ~It~ 2~7.84 fee~ ~m~ ~ ~g~ ~ W. ~g ~ ~l~y I~e. f~ 1O.~ feet ~.~ f.~ ~ ~ H~46~ f~ 10.~ f.~ thrace ~ ~g~~ for 26.5g feet to the P~I of .Bearings a~'e based upon State Plane Ce~clinete Syst. em. West Zone (Centerline Sur~ey &: .S~th R/W being fl 8g'~'25' E) PROPERTY 01M'~ER: Area of Parcel 50.?18 s.f. Area of Easement: 4,68g Area 0¢ .Remalnde~: 46,02g ~.f. NOT. A SURVE~ LEGAL OESCRIPTiON AND'SKEtCH ~ A VAZ,O.N' .~JVG'IJV~I'~I.N'C, IIVC. GENE A. PEARL. RL$ CERT. NO. 4736 'l'' BONITA BEACH ROAO I PHASE II IMPROVEMENTS i FOUO ! 24470040003 P,~RC~I~: t 4 t AOEND_AJ'IJiI~'. ! JAN 0 6. mr EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ATTACHED BUDGET AMENDMENT WltlCH WILL I~CREASE THE MARCO ISLAND EXECUTIVE AIRPORT TERMINAL BUILDING EXPENSE BUDGET. GRANT PROCEED BUDGET, LOAN PROCEED BUDGET AND RESERVE FOR DEBT SERVICE BUDGET BY $45.000. OBJECTIVE: To increase thc Marco Island Executive Airpofl ~nal building project expense budget. ~-~t proceed budget, loan proceed budget and testat for debt service budg~ by $4:5.000. CONSIDERATION: Thc Airlift Auiho~i~ hu ~'~uted ~n ~ldltional $45,000 grant from Iht Florida ~m~nt of Transpo~ation to supplement thc current grant of $~62,$00 heing u.~"d to ~hebilitat¢ thc M~o Island Exct'ufivt Airport's terminal building. Thc additional gr~nt dolla~ will b~ u~d to fund thc following ouL~andin$ it~n$ n~ary to complctt thc · Landscaping ( airsid¢, landsid¢ and Mrking lot) · Parking lot (~al coating and signage) · Miscellaneous (mini blind~ wcath~ computer, etc. ) The cu~'ent pmj~t ~l~n~ budget is $669,500 of which $562,500 is funded by the Florida D~"Iment of Transponation's gr~nt and $107,000 is funded by Iht Airpe~ Authofi~'. The $45,000 ~ppl~"nen~l grant will thc project tota1 to $714,$00. No additional funds will b~ ncedcd from thc Board of Counly Commissioners or the Airpor~ Authority to match this supplcm~tal gram b~cause matching funds currently cxc~d thc 10% required match by $39,500. Since the grant will I~ received on a reimbursement b~sis, thc Authoriv/will need to bon'ow funds from thc t~x-exempt comm¢~ial paper program to c~h flow thc expenses. A reserve will need to b~ established to pl~g¢ the grant for payment of thc dcbt incurred. GROWTH IMPACT: Non¢. FISCAL IMPACY: No funds ~r~ n¢¢d~ from Iht Bo~'d of Count' Commi~ione~. ApI~'oval of the and:bed budg~ amendment will increase the Marco Island Executive Airpor~ terminal r~habilitation proj~ budget in Fund 496, Airpo~ AuihoriV/Gont fund. by $90,000. The budget lu.m.,~lment will incr~r~ Iht following r~venu¢ and ~xpenr~ appropriations: 496-192341-484100-33352 496-192341-334492-33352 496-192341-763100-33352 496-919010-992000-33352 Loan proceeds Grant proceeds ~45.000 Rcvmu¢ incre~e $90,000 Improvements General Reserve for D~bt Service Expense increase S90,000 RECOMMENDATION: Tha~ the Board of County Commiuione~ approve the attached budget amendment whi~ will inctcese 496.192341-484100-33352 from S8,000 to S$3,000, increase 496-192341-334492-33352 from $1o6,8'/2 to $151,872, inc~-ase 496-192341-763100-333:52 and 496.192341-992000/33352 from $0 to PREPARED BY: REVIEWED AND APPROVED BY: JAN 0 6 1998 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE A']'rACHED BUDGET AMENDMENT 'wq-IICH WILL INCREASE THE MARCO ISLAND EXECUTIVE AIRPORT'S BUDGET BY $2,305. OBJECTIVE: To increase the Marco Island Executive Airport's budget by $2,30S. CONSIDERATION: The security fence at the Marco Island Executive Airport was damaged by a plane during fiscal year 199'/. The damage was repaired at the Authori~'s cost during fiscal year 1998. However, the expense incurred by the airport for the repairs was not budgeted. The airport has recovered the cost of the repairs from AIG Aviation, Inc. A check in the amount of $2,305 was received by the airport as full and final releue of all claims and demands. The check was posted to the airport's operating fund as revenue. The revenue needs to be budget so that an expense appropriation can be established for the cost of the repairs. GROWTH IMPACT: None. FISCAL. IMPACT: Approval of the attached budget amendment will increase Fund 495, the airport's operating fund, budget by $2,308. The budget amendment will increase the following revenue and expense appropriations within the Marco Island Executive Airport cost center:. 495-1923'/0-364420 Furniture, Fixture, Equipment Loss $2,305 495-192370-634999 Other Contractual Services $2,30! RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment which increases 495.192370-364420 by $2,305 and 495-1923'/0-634999 by $2,308. PREPARED BY: REVIEWED AND APPROVED BY: AGEI~C~A {IF.M. ,lAN 0 ii