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Agenda 08/05/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA August 5, 1997 9:00 A.M. NOTICE: ALL PER. SONS WISHING TO SPEAK ON ANY AGE,fDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUEST~ TO ADDRF~S THE BOARD ON S BJ'ECI~ WHICH ARE NOT ON THIS AGENDA MUST BE SUBMFrTED IN WRITING WITH EXI'LANATION 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 R~CORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIm! RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERS~ISSION FOR ADDFFIONAL TItlE IS GRANTED BY THE ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS, OFF/CE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I:hoVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGEIVOA APPROVAL OF MINUTF.~ PROCL4J~4ATIONS AND SERVICE AWARDS PROCLAMATIONS Aug-a.~ 5. 1997 I) Proclamation proclaiming Auks1 16, 1997 n~ Airborne Day. To be accepted lay ScoWl Gregory, Chairman, 82'" Airborne Division Association and Chaplin Robe~ J. ICalmanck. B. SERVICE AWARDS 1) Thomts Mitchell - Ochopee Fire Control - 20 years 2) Richard Hartwcll - OCPM - $ years PRESENTATIONS 1) Recommendation to recognize Steve Fontaine~ Building Review & Permlttiug, Community Development Dlvtslon, as Employee of the Month for Augu~ 199'7. APPROVAL OF CLERK'S REPORT A. Analysis otr Changes to Reserves for Contingencies 1) C, cncral Fund (001) FY 96/97. 2) Community Development Fund (11.3) FY 96/97. 3) Facilities Construciion Fund (301) FY 96/97. B. ANALYSIS OF CHANGES TO RF-.SERVES FOR CONTINGENCIY_.S. PUBLIC PETFFIONS A. Michael G'Francisco requesting a refund of a sewer impact fee. B. J. Dudley C, oodlette regarding improvemenLs to County Road 29 - Chokoloskee lslzn& C. Joseph Coriaci, Chairman - M~reo Healthcare Center regarding a title to land for the medical l'aciilty. D. Dennis Vachon regarding · refund of a sewer impact fee. COUNTY ADMINISTRATOR,S REPORT A. COMMUNFI'Y DEVELOPMENT & ENVIRONMENTAL SERVICES I) A Resolution by the Baard of County CommlMioners, Collier County, Florida, that Certif;ed Diabetic Services, lac., be appreved ts a Qualified Applicant Pursuant to ~.288.10~, Fl~rida Statutes; and providing an aPPropriation of up to $.16,0~0 ts local parlicipa~L.~n ia the Qualified Tark, et ladastr7 Tax Refund Program for iqKal Year(s) 19~3 tht~Jgh 2002, and provtdln~ for an effective date. PUBLIC WOICKS 2 Augusl 5, 1997 11. C. PUBLIC SERVICES 1) Consideration of a request for funding for the construction of a building lo be utilLzed aa the headquarters for the Marco Island Coast Guard Auxiliar7. D. SUPPORT SERVICES COUNTY ADMINISTRATOR ]) Approve funding for · Five Event Weekend for $12,000 To4:rlst Development funds, special C~cn t~. 2) 3) Approve funding the Marco Island ChJunber of Commerce for ~436~g00 Tourist Development funds, advertising and promotion. Approve funding V'tsit Naples, Inc.. for 5580,200 Tourist Development funds, advcrxlsing and prom~ioa. 4) Approve funding Navigational Aids in Wiggins and Caxambas Passes S5,000, monitoring Marco Lr~fld Beach Renourishment Project S110,935, maintenfmce drcdglng of Wiggins Pass ~140,550, maintenance dredging of South Channel and Water Turkey Bay S665,115, post construction maintenance needs for Beach Renourishment Project $283,382, and beach cleaning equipment S164,S~$, Category A Tourist Development Funds. Approve funding the Soufhweat Florida Film Commixsiou for S140,000 Tourist De~'eiopment Funds Advertising and Promotlou. COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS B. C. D. Appointment of members to the Board of Building Adjustments and Appeals. Appointment of members to the tmmokalee EnterprLte Zone Development Agency. Appointment of me~ hers to the i~ispanic Aff~irs Adv~or7 Board. Request for reconsideration of Ordinance 97-31 amending Ordinance 96-6, "The Utility Regulation Ordinance". K. Request Board direction regarding Army Corps of Engineers' PETS. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 3 August 5. 1997 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS I) Petition PUD-97-$, Mr. William L. lloover requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known u Zaricb Lake Villas PUD for property located on the east side of 1-75 and approzimately three-quaKers of a mile sooth of Immokalee Road in Sec. 30, T485, R26E, consisting of 44.36 acres, more or les.s. 2) Petition R-97-3, Community Development and Environmental Service~ Division representing the Collies' County Board of County Commissioners reque~ing a re. zone from "PUD" Planned Unit Development to "E" Estates for thc Island Pines Garden PUD located immcdialely ~th of the Connty maintcn~nce facility on County Barn Road in ~ 8, TSOS, R26E, consisting of I0 acre~, more or less. (Continued to the meeting of 8/26/97) OTHER I) 2) Petition AV 97-008 to Yacale a 6' wide drainage easement along the Northeast property line of Lot 32 and to vacate the contiguous 6' wide drainage easement along thc Soufhwest property line of Lo~ 33, "Quail We~4 Unit One., Replat" according to the Plat thereof ts recorded in Plat Book 21, Page~ 84 Ihroogh 106 of Ihe Public Records of Collier County, Florida, and to accept ts a replacement easement a 15' wide drainage ca..~mcnt through a portion of said Lot 32. Petition CCSL,-97-1A, Brett D. Moore, P.~, of Humlston and Moore Engineers representing the Pelican Bay Foundation, Inc., requesting a Coastal Constnactioe Setback Line Variance to allow for construction conslst~ng of a handicapped beach access ramp, boardwalk and beach stairs, in-~Uing open areas with decking, roof coverings over decking. restaurant ezpansion and addit,on of new decks, located at the Pelican Bay North beach facility, Pelican Bay Planned Unit Development, in Sec. 5, T49S, R25 ii'- ~) Pctition CCSL-97-1B, Brett D. Moore, P.K., of Humlstoa and Moore Engineers representing the Pelican Bay Foundation, lac., requesting a Cox~al Construction Setback Line Variance to allow for co~structio~ conslstiqg of a hafldicappe~ beach access r~mp, in-filling op~ areas with decking, roof co~'erings over decking, re~aurant expansion and addition of Augusl 5, 1997 13. 14. 15. 4) new decks, located at the Pelican Bay S~utb beach facility, Pelican Bay Planned Unil Development, Sec. 8, T49S, R.251C Approval of an Ordinance enabling Code Enforcement personnel to issue citations for code violations. Petition AV 97-013 to vacate all Public Road Rights of Way and Utilitle~ Easements and Dedications within that portion of Championship Drive (F/D/A Marriott Club Drive) lying ca~t of the Collier County Water-Sewer District Pump Station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard 0r/1(.JA Championship Drive), as shown on the ,Marco Shores Unit 30 Golf Course Plat; and that certain 60 l:'oot Roadway Easement recorded at O.R. Book 1557, Page 2325, ET SEQ; Ali located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. (Continued from the meeting of 7/29/97) 6) Recommendation to thc Board of County Commissioners to consider thc application submitted by McdlaOne Enterprise. a, Inc. for the renewal of a cable franchise. (Continued from 7/29/97) Petition CCSL--97-2, William L. Hoover, AlL-'P, of Hoover Planning Shoppe representing The Vandcrbilt Beach Motel, requiting a Coastal Construction Setback 'Variance to allow for construction to enclose thc first floor of an existing structure for two meeting rooms (one with bar), motel offices, storage, and restrooms, located at The 'Vanderbilt Beach Motel, Lot 4, Block A, Conners Vanderbilt Beach Estate% Unit No. 1, Sec. .32, T48S, R2$E. (Continued from the meeting of 7/29/97) BOARD OF ZONING APPEALS A. ADVERTLSED PUBLIC HEAR/NGS l) B. OTHER Petition FDPO-97-1, William L. Iioover, AICP, of Hoover Planning Shopp~ representing Vandcrbilt Beach Motel, requesting a 4.1 foot variance from the minimum required base flood elevation of 13 feet NGV'D to 8.9 feet NGVD for property located at 9225 Gulf Shore Drive North. (Continued from the meeting of 7/29/97) BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS STAFF'S COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and s~ction will be taken by one motion without separate diseuaslon of each item. if discussion is desired by a member of the Board, that item(s) will be removed form the Consent Agenda and considered Sep=rately. Augus~ 5, 1997 ?- COMMUNITY' D£V1ELOPMENT & ENVIRONMENTAL S£RVICF..S I) 4) Petition AV-97-010, recommendation to approve for recording the final plat of Quail West Unit One, Replat Block B, and approve the vacation of a i~rtion of the previously recorded plat of Quail West Unit One Rcplat, Request to approve the final plat of Tarpon Cove ReplaL Request to approve for recording the final plat of Sapphire Lakes, Unit 4?. Request to approve a Quit Claim Deed releasing the County's interest in a temporary drainage easement within the Village Walk Development. Approval of a Budget Amendment(s) recognizing additional revenue in Fund 111 for mapping work. Final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Village Walk, Phase One". Final acceptance of the roadway, drainage, water, and sewer improvemcnt~ for the final plat of "Village Walk, Phase Two". 8) Approval and execution of Agreement to provide legal counsel for the South Code Enforcement Bozrd. Approval of a Budget Amendment to recognize additional revenues for fire plans review to be collected and paid to the North Naple~ Fire District. PUBLIC WORKS I) To obtain Board of County Commission approval of Budget Amendment to increase Purchase Order~ for Solid Waste Collection in Franchise Service Arezs One and Two, to complete the 1997 Fiscal Year. 2) Award contract to construct South Coonty Regional Watcr Treatment Plant Backwash Retention Pond Modif'~catlons, Bid No. 97-2676. PUBLIC SERVICES 1) Award Bid No. 97-2666 to Mitchell Building: Contractors, Inc. for the restoration of the historic Everglades Laundry Building in Everglades City and authorize the Chairman to sign contract documents with the g:eneral contractor solicited under this bid. 2) ~) Acceptance of two (2) fee simple deeds for the donation of the property for a Domexfic Animal Services facility. Awarding Bid ~)7-2700 for emergency electrical repair services to be utilized at all Ctmnty park facilitle~ Augusl 5, 1997 Do L SUPPORT SERVICES 1) Recommendation to award Bid No. 97-2~.8.1 for sprinidcr paris and related items. 2) Award Bid ~7-2680 for Tcmporary Clerical S4~rv4ce. Approval or' sole source agreement for mtlntenance of telephone switching equipmcnL 4) Approval Io renew contract//94-2268 for the purchase of automobiles and light t r~cks. COUNTY ADMINISTRATOR 1) 2) Request aulhorLzafion for the County Administrator to approve consent and emerxenc~, agenda items durtnR the Board's absence. Recommendation that the Board of County Commissioners approve thc compensation amount for Fiscal Year 1998 as contained in the Agreement with Gary L. Moyer, P.A. to provide for current contract manager sorvlces for thc Pelican Bay Services Division. Budget amendment to cover unanticipated costs in the County Administrator's Administration cost center. 4) Budget Amendment Report. BOARD OF COUNTY COMMISSIONERS MISCELLA~rEOUS CORRESPONDENCE I) MISCELLANEOUS ITEMS 'r0 Fll..E FOR RE~ORD WlTFI AS DfRECtED OTHER CONSTITUTIONAL OFFICERS COUNTY A'I'rORNEY 1) Recommendation to the Board to Ar~ccpt the SatLsfaction of Final Sud~ment in the Lawsuit Entitled Billups vs. Collier County and lo Authorize the Chairman to Accept Receipt of Payment and to Execute AJI Necessary Settlement Documenta. Augu.~ 5, 199-/ 12. ADJOURN ^u~'~ 5~ 1997 ~dG~NDA CHANGES BO,4RD OF COUNTY COMMISSIONERS' MEETING' AUGUST 5, 199 7 ADD: ITEM 1 I(A) - BOARD AUTHORIZATION FOR THE SHERIFF'S OFFICE TO APPLY FOR FUNDS UNDER THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM, (SHERIFF'S REQUEST). DELETE: iTEM ?( c)- JOSEPH CORIACI - MARCO HEALTHCAR~ CENTER REGARDING A TITLE TO LAND FOR 'FIFE MEDICAl. FACILITY. (PETITIONER'S t?.EQUEST). DELETE: ITEM 13(A)(1) - Petition FDPO-97-i, Vanderbil! Beach Motel requesting a 4.1 foot variance t¥orn the minimum required base flood elevation. (Staff's reques0. the United ~a~et AmD, ?~rochute Fext Pt~t~n.~d t~ flrtt o~clal ~he xucce.u oflth~ P~ne Fe~ PI~ led eo t~ f~l~ of t~ !~$e ~ :~ce~sfu~ ~tr~ ~n;l~ents s~ M W~d ~'~ H ~ e~i~fng tO thc to contrib~e to A~c~ ~1~; ~ RECOMMENDATION TO RECOGNIZE STEVE FONTAINE, BUILDING REVIEW & PERMITTING, COMMUNITY DEVELOPMENT DIVISION, AS EMPLOYEE OF THE MON~/'H FOR AUGUST 1997. .(L~: Thc "Employee of the Month" Prognun is designed to recognize exceptional performance plus uniquely identifiable cov.~'-ibution.s which produce significant results for the County. CO.~7~DERATION$: The Building Review and Permitting Department has been working on designing new computer software for issuing building permits and performing building inspections. Steve was one member of the prototype team assisting in designing the system. This endeavor has taken several months, lie has worked tirelessly and contributed many hours on the project ',.hat came on line in April. Steve now assists the oth~ employees as ~ey become familiar with the new program. The hard work and dedication he has shown has been ou~anding. In addition, Steve performs his regular job duties with patience and calmness. He display.~ excellent customer ~ervice skills and is well liked ~d respected by his co~workers and customers. Without any reservations, he was nominated and selected o,s Employee of the Month for Aagust 1997. .FISCALS: "Employee of the Month" selectees receive a $50.CK) cash award. Funds for this award are available in the department budget cost center 113-138935. .P~,.(~OM ._MENDATION: That Steve Fontaine be recognized as the 'Employee of the Month" for August 1997. PREPARED BY: Chris Sinclair Administrative Secretary _DATE:.._7 ~'~.Z MichelF '-. .7 old Assistant to the Co~mty Admiv5strator BOARD OF COUNTY COMMI.S.¢JIONERS CO~JJER COUNTY. FLORIDA Fo,- the rr~etjn0 date of Augu$! 5. 1~f~7 CLERK'S REPORT Ansb'sis of Cha~oes l~ Resefve~ k~r ~.C,,e~,~ Fu~ (001} FY 96,,'97 2. Commun~ De',~olof~menl Funcl (113,1 FY 3. Fac~l,i~ Con~tnx,.th~ Fur~d (3,01) FY 9~97 AUG - ~ ~7 ANALYSIS OF CHANGES TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES For the meeting date of August 5, 1997 FY 1996-97 RESERVE FOR CONTINGENCIES: Original Budget 10/01/96 Current Balance ?,'28.~? (Reductions) or inc?eases as explained below B.A. Oat® 11-27-c-)6 48 EXPLANATION OF REDUCTIONS F-xplanat~n To repair the bottoms of the activily and p{unge po(:~. 12-1!-96 64 12-11-96 68 12-31-96 92 1-16-97 110 1-22-97 119 To pay Utility expenses fo(' I~kal~ Child Care Cemer To repair the Central Library Chill~- Reduce transfer/.o Road and Bridge due lo additional revenue received fro roadway sweeping and mowing. To execute the Fair Labor Standards Act setliement agreement and releases with plantiff~ no Iong~ employed by EMS. To recognize carry forward and reduce required budget revenues. 1-31-97 143 To proceed wffilTaxDeedAppi~fionsfordelinquent ~xesfor1994~x~tas, 2-11-97 2-28-97 ~17-97 5-5-97 163 To fund gain sharing ~werds as approved by BCC 12-17-96 187 To fund emergency re13air~ to the Immokalee Jail, Naples and building K ice mac~i~e. 202 To pay the cost of hiring a new County Administrator. 248 Improvements and new furniture for the ~ Gate ~. 4,675,900 5,351,019 675,119 (Rm~ucflon)/ Incline (~6,5oo.oo) (11,000.00) (14,475.00) (42,770.00) (35,5OO.OO) (80,956.00) (12,5(X).00) (~5,5oo.oo) AU$ - 5 1997 I~a /- Page 2 5-7-97 6-5-97 6-16-97 6-25-97 252 To provide funds for mandated Medicade costs. 290 Reduction in expenses end recognize contributions from WCl for purchase of land in Wiggins Bay Basin. 299 To fund Summer Youth Nights in Naples and Immokahee 312 To cover the cost of updates to U're Collier County Code of Laws and Ordinances. (435,000.00) (10,000.00) (14,500.00) Amendments amc. unfi,3g to hess b'lan $10,000 each: (No.: 29, 17, 66, 69, 51,161,162,336) Total Reductions 675,119 AUG -§ ~7 0 ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113) RESERVE FOR CONTINGENCIES For the meeting date of August 5, 1997 FY 1996-97 RESERVE FOR CONTINGENCIES: Odginal Budget 10/01/96 Current Balance 7/28/97 (Reductions) or increases as explained below BoAo Date Request 1-22-97 112 EXPLANATION OF REDUCTIONS ExplanaUon Funds provided by excess carry forward $ 277.400 749.600 $ 472.200 (Reduction)/ Increase $ 485,200.00 5-30-97 265 F[Jr)ds needed to continue microfilming building permit files to m (13.000.00) room for additional record storage. Total Reductions $ 472.200.00 ANALYSIS OF CHANGES TO FACILmES CON'.TRUCTION FUND (301} RESERVE FOR CONTINGENCIES RESERVE FOR CONTINGENCIES: For the meeting date of August 5, 1997 Original Budget 10/01/96 Current Balance 7/'28/97 (Reductions) or increases as explained below B.A. _ Date ~ 2-11-97 2-24-97 3-5-97 5-23-97 ?-3-97 FY 1996-97 7-18-97 148 EXPLANATION OF REDUCTIONS Explanation Addition carry forward is needed for ongoing projects for 1997. 294,400 441,086 _ 146,686 (Reduction)/ __ I.._ncrease 258,534.00 Funds not needed for Lighting Reb'ofits, returned to reserves. 15,000.00 196 Funds needed to cover the cost of professional landscaping for East 41. (32,000.00) 281 324 356 Funds needed to upgrade A/C system, Security, Signage, and repair lo bathrooms at Immokalee Aquatic Center. To install electrical circulating fans in each day room at the County's main jait. To replace the air COnditioner at the kitchen in the Immokalee Jail. (28,420.00) (26,375.00) (11,202.00) Amendments amounting to less than $10,000 each: (No.: 25, 210,302,309,325,338) (28,851.00) Total reduc~on$ S _ 146,688.00 AUG - 5 1.q.c ' COLLIER COUNTY AD TOR'S OFFICE July 1 !. 1997 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774.8,.'.'.'.'.'.'.'.'.~ FAX (941} 774-4010 Mr. Michaet G'Franci~c.o 4512 Burton Road Nap. leg 1-2. 34104 A CERTIFIED BLUE CHIP COH~ UNITY Re: P~'quest _for l%blic P¢lizior, - Refi-'nd o£Sewer In,pact Fee Dear Mr. G'Franci~_,c.o: Please be advised flat yoa art ~ to appear before th~ Co4fier Cotn~"y Board of Commissioners at the meeting o£Augua 5. I997 reg~ding the above ref'erea~axl subje, a. Your petition to the Boa.-d of County Commisa4o~m will be lin4ted ~o tea minutes. Please be advisecl that the Board will take no ~'~io~t on your pe~'Jtlo,'~ at this rne~.ing. Howev~, ytna' petition may be p~aced on z future ager~ for confide, ration at th~ Board'= di.~xe6cm. Therefore, your petition to the Board ~fid b~ to advise them ofyour concern ami the need for action by the Board at a future mee6ng. The meeting will beg~n at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the gov~nmumt complex. Please arrange to be at this me,,'ting and to respond to inquiries by Board lfyou require any furthex i,'fformation or a.xsistance, please do not hesitate to contact this office. County AdminisUator RRF/bp cc: County Attorney Public Works Division Administrator Ed Finn - Public Worka Division Pg'~~,~ MR. ROBERT FERNANDEZ,COUNTY MANAGER COLLIER COUNTY COURTHOUSE COMPLEX 330} TAMIAMI TRAIL N. -- NAPLES)FLORIDA 34112 MR. FERNANDEZ, ~{:~ This is a request to be placed on the ~OARD'~ agenda in the PUBLIC PETITION section at the earliest possible date, I will be requesting that the BOARD refund the sewer impact fee I paid before th~ construction of my home at BURTON ROAD LOT 7, BLOCK E, COCONUT CREE~, UNIT 3. The reason being, according to the WASTEWATER DEPARTMENT DIRECTOR, that sewer service to this home and area Is highly unlikely. Futhermore~to my knowledge the SFWER IMPACT FFF has been waived and refunded to other new home owners tn this area. I also believe, the WASTEWATER DIRECTOR, TiW CLEM~ONS, or will ~equest the BOARD to revise the sewer impact fee ordinance and to formally identify several services area within the DISTRICT boundaries that will probably never receive sewer service and therefore should be exempted from payment of the sewer impact fee. I have for your conveniences neclosed copies of my billlnR fror~ the contractor, KENMARK, and my payment of the fee to them. RESPECTFULLY~ MICHAEL G'FRANClSCO 1 AUG 0 5 ~?I / AUG 0 5 ~97 b COH.IER COUNTY MANAGER'S OFFICE lun¢ 19, i 997 J. Dudley Goodlette Goodic~te, Colemzn & Johnson, P. A. 4001 Taraiami Trail Nor/h, Stfi/¢ 3C~0 Napl¢~, tqorida 34103 330l E. TAMIAMI TR. NAPLES, FL 34112 04 I} 77.l-g393 FAX {941) ?;4-40',0 A CERT!IqED BLUE CHIP COMMUNITY Re: Requ~cA .em- Public P~ition - Impmve~n~ts to County Road 29 - Chokotoskee Island De, ar .Mr. Gc<~dlev~',e: Please be adw~sed that you rare scheduled to =ppea[ before the CoJlier County Board of Corrmaissioner~ at the. ,'?ie~tin8 o~'Augus! 5, 1997 regarding the above refererm~d subje,:t. Your petition to th: Board of County Corranisgoners '~titl be limited to ;eh mmutes~ Please be, zdvised that the Board ~,,ill take r,o aoion on your petition ai this nz~..ting. However, ),our petition may N~ pla'cod on a fi:ture a,gm~da for consideration ~ tl',e Bo~rd'a discretion. ']'hermeore, your petition to the Bo~xd should be. lo advi~ thegn of'your conc. m'n and the need for aclion by the .~ozrd at e t:ature me~.ing. The meeting will begin at 9:00 a.m. ,n the Board's Chambers on the Third Floor of the Administ,'ation Building (Building "F") of the government complex. P!ease an'ange to be pcesent at this meeting and to respond to inquiries by Board meanbera. If you require any further information or aasistanc& please do not heahate to contact this office. Very truly )'ours, /~,.~- R,'~ert F. Fernande~-a County Administrator ILRF/bp C~vanty Attorney Public Works Admini~rator Public Services Administra',or AGEt.,OA JT1EM AU6 0 5 1997 GOODLETTE, COLEMAN & JOHNSON, P.A. A'Cf()WN! Y$ AT kAll' KEVIN G. COI.EMAN J. DUDI. EY GCX)DLE.'VrE HOLLY A HARMON KENNETIt R, JOHNSON J&NF. IC£ 'r. ~4ARTIN ~,AP, OLD J 'I'ERRE. Ill June 18, 1997 VIA FACSIMILE 774-4010 and REGULAR M~JL Bob Femendez, Cour~ty Admi~istratar Collier County Government Complex 3301 Tamiami Trail East Naples, FL 34112 NORTHERN TRUST BANK BUILDING 4001 TAMIA.~II TRAIL NORTH. SUI rE ~00 NAPLES. FLORIDA ~4103 (941) 43~35~ (941) 4)~I2IR FA~%IMILE l~O: .... fiLE: ......... ST~ F~L[:. RE: Public Petition Dear Mr. Fernandez: Our firm represents A Kenneth Brown, Jr., who is the owner o! Outdoor Resorts of Chokoloskee, Inc ('Outdoor Resorts') on County Road 29 at Chokoloskee island. We have met with representatives of the County's transportation services department, public services department and the county attorney's office regarding improvements to County Road 29 at the boat launch site on the northern end of Chokoloskee Island. In that regard, our c..Jient is prepared to improve and continue to maintain parking for boat launching in the area and provide for operating control and maintenance of the roadway parking areas. In order to most easily facilitate our client's undertaking of these obligations, our client would like to acquire a 70' x 350' strip of land that is currently owned by the County and on which our client currently possesses a right-of-way permit. In that regard, Florida Statutes §125.35 provides a mechanism whereby the County may enter into an agreement to sell property to a private party. However, in order ascertain the value of the parcel of property that our client seeks to acquire, we would request that the Board of County Commissioners seek a determination by the County Property Appraiser regarding the value of the parcel in question. We would request that you place this matter on a forthcoming agenda of the Board of County Commissioners as a Public Petition so that we mig t~cuss these matters in further detail at that time. ,~GEt ~1,.~ AU6'o 5 1~? Bob Fernandez, County Adminis~ator June 18,1997 Page 2 We would be happy to provide you with additional information regarding this matter prior to the public petition should you so require. Respectfully, J. Dudley Goodlette JDG/kg c: client (via fac.~imile) David Weigel, Esq. (via fa.cs[mile 774-0225) David S. Bobanick (via facsimile 774-5375) Thom, as Oiiff (via fac~mile 732-2525) F~nande.02 AU6 0 5 1997 I -- July 16, 1997 Mr. Robert F. Fernandez Collier County Administrator 3301 East Tamiami Trail Naples, FL 34112 OAT[ I.&UL I / ACTIOn: lng0: fILE: 6S~/M'F FILE: Dear Mr. Fernandez: Last April the Marco Healthcare Center Board responded to the county atlorney regarding questions that had been raised by several residents on Marco Island; these questions concerned the title to the land that we own and on which our medical facility ha.q been located since Februm'y, 1985, Our attorney prcvided the county attorney with a very comprehensive letter on April 17, i997 that we believe addresses the matter fi~lly and should permit the courtly to conclude that there is nothing that requires action on its part. My purpose in writing you is to request that this matter be placed on the agenda for the board of County Commissioner-s' July 22, 1997, meeting. The county attorney has not yet made a report. and we have been unable to get a clear indication as to when fl,e county attorney intends' to make one. We ask that on July 22, 1997 the board of County Commissioners request the county attorney to either make a report on his investigation or advise as to when he will be able to do so. We will appreciate your attention to this matter. The length of time that has elapsed appears to be far longer than is required and the pendency of an investigation of our title by the county attorney is creating a delay in our adding 20,000 square feet of space to accommodate medical services needed and requested by Marco Island residents. Because the board is now on summer recess, I am ~nding a copy of this letter to the county manager with the request that this matter be scheduled for your July 22 agenda. Very truly yours, i . 2 e.O- ' AUG 0 5 15'37 COLLIER COUNTY ADMIN/STRATOR'S OFFICE July 2 I~ ! 997 3301 E. TAMI^M! TR. NAPI.F..'~, FL 34112 (941 ) 774-8383 FAX (941) 774-4010 Demd.-. Vadw, n 45,10 C. ra;I Blvd. N~i~:, .tqodda 24104 A CE.R'Ti F~ ED BLUE ClOP CONMUNITY Re: Reque~, for Public Petition . Reft.md of Sewer lml~Cl Fee Dea. r Mx. Vachon: cc: County Attorr~-y Deparlment of Revenue '"--7-Oz.)_ J AU6 0 5 1,~7 j _ ,pg.; I THE / AC~,IOA rCEM -7-/7.¢7 'Z:).~'..,~'~I/¢ I/AC~/ZM/ ~e'7',/r,, ~ s VSI C H o ~J 4.5qo ~-AIc 6L..V'D BOARD O~ COUNTY COMMISS10~EIt$ OF~IC?AL RECEII~' RTH PLES AGEHDA IT. EM. · _ ~ AUG 0 5 ~7 EXECUTIVE A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, THAT CERTIFIED DIABETIC SERVICES, INC. BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF UP TO $36,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 1998 THROUGH 2002, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Coil:er County Board of County Commissioners to participate in the State of F!orida QLJa!ifi. ed Target ir~dustry Tax Refuted Program to support Certified Diabetic Services, Inc. applic.3t!on for state tax relief of up to $180,000 of which 20% would be a local match. CONSIDERATION: Certified Diabetic Ser~/ices. Inc. is a local company incorpor,3ted since 1996 and presently employees 32 local residents. The company is plannir~g to expand its curre;~,t operations and will hire an additional 60 new employees with an average wage at least 115% of the average wage for Collier County. Without the financial incentive and local participation in the Qualified Target ~ndustry Tax Refund Program, the company ~,,,i~! not be, able to expand in Collier Cotmt,/and will make the decision to locate elsewhere, FISCAL IMPACT: Staff proposes to encumber up to $36,000 which is available from the FY 1997 Economic Diversification Program funds (fund/cost center # 001-138710), to be paid in the l'oIlowing increments: FY 1998:$4,500 FY 2001:$9,000 FY1999:$9,000 FY2002:$4.500 FY 2000:$9,000 These funds will be included in the total dollar amount refunded annually by the State from whichever state tax collection the company designates, i.e. state sales taxes, corporate income taxes, etc. Staff estimates the local economic impact to be approximately $42 million over a five year period. GROWTH MANAGEMENT IMPACT: None. However. Certified Diabetic Services, Inc., a high wage and high tech industry employer, will help to achieve the goals of the Economic Diversification Program approved by the Board January 1997. AUG 0 5 1997 EXECUTIVE SUMMARY Resolution August 5, 1997 Page Two RECOMMENDATION: $36.000 to leverage the State's contribution. Staff recommends the Board approve the encumbrance of up to SUBMI'I-i'ED BY: Economic Develol~ment Manager DA TI=: REVIEWED BY: Greg Mihalic, Director Housin9 and Urban Improver~mnt APPROVI=D BY: _ , _~¥"' ._--.Z-¢;~'~--~'-'~ DATE: __~. 7 Vincent A. Cautero, A~CP. Administrator Community Development and Erlvironrnent~l Services AUG 0 5 1997 PIIo '~ Two D~ W. ~ Dirc~r, OiT~ of Tocvi~ Tm~ AUG 0 5 1991 · PI,- '~ O4 RESOLUTION NO. 97 .... A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, THAT CERTIFIED DIABETIC SERVICES, INC. BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF UP TO $36,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 1998 THROUGH 2002, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a whclesalef of dlabet;c supplies, specifically. Certified Diabetic Services, Inc.; and WHEREAS, Certified Diabetic Services. Inc. ts located in Collier County. Flor da. and WHEREAS. Cart,fled O,abet,c Sen,~ces. Ir, c .,vas four,deal m 1996 w~lh ,Is corporate headquarters ~n Co~her County. FloqOa. ar'd Ce~J,e~ D~abet,c Services. Inc ~s a mad,cai ',~chnolOgy ,ndust~, targeled by the State of Flor,da fo; new h~gh-wage joD creation; and Cart,fled O~abetic Services. Inc. prowdes diabebc supplies for patients m the 50 states and Puerto Rico. with 96% of ils sales going outside the state ol Flor,da. and WHEREAS. Cerhhed O,abehc Serv.,ces. Inc presently employs 32 emplcyees !dCa y: and WHEREAS. Cert,fied O~abetic Serv,ces. Inc wdl create 60 additional full-brae equivalent new jobs in Co!liar Counly; and lhe average wage for the additional lobs lolal al least 115% of lhe area's average wage; and WHEREAS, Collier County will support the Stale of Florida Qualified Targel industry Tax Refund Program with a 20% local match of lax refund dollars. NOW, THEREFORE. BE IT RESOLVED BY T E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thal the Board of County Commissioners hereby recommends Certified Diabetic Services. Inc. be approved as a QualiE~ 'target lnc.;~ / Business pursuanl to s.2~8.106. Florida Slatules. and BE ' ~URrHER RESOLVED that the necessary commitment of local financial AUG 0 5 1997 I0 I1 i? lg ~4 Program Funds for payment in the following increments: FY 1998 - S4.500; FY 1999 - $9.000; FY 2000 - $9,000; FY 2001 - $9,000; FY 2002 - $4,500; and will be. paid to the Florida Economic Development Trust Fund with the stipulation lhat lhese funds are intended to represent the 'local participation' required by s.288.10§. Florida Statutes. This Resolution '~dopted after motion, second and majority vote favonng same. DATED: A ,TTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney By: Tire.thy L. Hancock, Chairman hcP~qlir e ~olu/;or~/c,J$ AUG 0 5 1997 EXECUTIVE SUMMARY CONSIDERATION OF A REQUEST FOR FUNDING FOR THE CONSTRUCTION OF A BUILDING TO BE UTILIZED AS THE HEADQUARTERS FOR THE MARCO ISLAND COAST GUARD AUXILIARY. Objective: To have lhe Board of County Corrwnissioners approve a request for funding relative to the con.~action of a Coast Guard Auxiliary Facility to be located at the Caxamb~ County Park site. Considerations: Cun'ently the Marco Island Coast Guard Auxiliary is headqtmrlered at the post located off State Road 951 near the Jolly Bridge approaching Marco Island. The post is quite diminntive in not only size of the building but also as to the limited number of parking places available. Given these, facts the Coast Guard has approached ~¢ Parks and Recreation Department as to the possibility of constructing a building to be located at Caxmnbas Park to be utilized as their new headquarters. This site would be more conducive to the operational needs of the Coast Guard re~ating to both programming and boater saf~y issues. The Marco Island Cons; Gm, rd Auxiliary Ix,as put aside funds for construction in the arnotmt of twenty thousand dollars ($20,000) in turn for a long te~m lease a ,greemem with the County. In addition, the current C~ast Guard site would be utilized as a public boat ramp location ~t a date and renovation cost yet to be determined. cnl impact: The total cstimated project budgel is sixt~ thousand dollars ($60,000). The Coast Guard uxiliary would contribute twcnty thousm~d do!laxs ($20,000) and the County would fund the remaining forty thousand dollarr.,($40,000) Funds are being eequested fi'om General Fund Reserves for this project. Growth Management: This plan i/sTcompatible with the Recreational and Open Space element of the County Comprehensive Plan. // R~commendation: Staffr~//that the Board of Cotmty Commissioners approve this Prepared by: s~,~/ ~ Depattff~en! ~ ~arks and Recreation Approved by: arla Deparunc~t of Parks and R~'x:reation Reviewed and Approved by: ThOmas W. 011iff, Administrator Division of Public Services _.Date: 0 5 MARCO ISLAND COAST GUARD AUXILIARY PROPOSED FACILITY COST BRF. AKDOWN Prefabricated Building (44' x 24' = 1056 sq. ~.) Interior Design (doors, office) Tie Down & De!ivecy Concrete Slab Water Pressure, Air conditioning Miscellmaeous (Tables, chairs etc.) Demolition Site Work Contingency COST 29.000 5.000 2,500 3,000 3,500 7,000 3,500 3,000 3.509 60,600 EXECUTIVE SUMMARY APPROVE FUNDLNG FOR A FIVE EVENT WEEKEND FOR $12,000 TOUR.IST DEV'ELOPMENT FUNDS, SPECIAL EVENTS OBJECI'IVE: To approve funding fi)r a five evcnt w~kead for $12,~Y~ Tourist Developm~! f~ands, Special Events. CONSID£RATIONS: At the July 2i, 1907 meeting the Tourist Deveiopm,mt Council reviewed aa application fz, r a gr~nt Imm the North N~ples Little League for $12,000 for five event v~ekend to inc!ude a duathlon, 5-K race; flag footbsll, softball, and a quarterback challenge to be held August 9 and 10, 1997. Some of the funding request is for oF~catJonal expenses. Since ~he lot~l request is less tk~n $25,000 the application complie~ wi'.h tke Board's direction ~or speci,-i ever, ts grants. The Tourist De~-elo~mcm Council un~nimo~cs!y recommended fund;n8 this request GROWTH MANAGEMENT II~IPACT: None FISCAL [MPACF: Sufficient funds arc av~il~Ae in fired 193 reserves. A budg~ amendment is necessary. RECOIVLM2ENDATION: Approve funding the North N~les Little League for $12,O00 Tourist Development funds, Special Event~. A~ the Chairman to sisn standard Sp~i~l Events con~-ac~ and approve budgel amendment L/ Jean G~el, Budget Analyst Micimei Smykowsld, OMB Director II'EM Collier Couat~ Toarlst ]De~.elopa~ea¢ Couaetl Fund~g For C.~egor7 13 (Promo~0o aa4 Adv~rlZsb~ of Tourism in Colli¢~ Couo~) ~m4 Ca~e~or~ 'C ~ Pz~c:czs ~nd/or Activities .which Promote Touz'i.~ ia Colliec Cotmty) 7537 Citrus Hill Lane NapIe~, FL 34109 Con':c: P~o& 35fl~ ~d Phoa: Numbs=. Brett Ortengren,. President, (941)597-3222 f941)598-9897 Marie Signorello, Event Coordinator, (305)655-0627 Org~ni~tion's Chief O~ci:ti and Tit[e: Brett Ortengren, President [s ti:is i:n application 1%c Catr4ory B (PromotioR mad Adye~tisio$ of Touri'sm in Collier. County) or Category C CLocal Projecta ~md/oc' ArC,ties which Promote T0.utdsm 'in- Collier Couney.)7 Check one: C4~ego~/ 13 ~ Category. C X AGENDA ITF....M AU; - 5 199'/ S_~12,000 Yourorganizafion's ~pabill~topmmo~ColllcrC-o~ ~0auistd~ti~slio~ The North Naples Little Lea.~,~_~....,i,l~._cnnp~r~ion wi'th, 'Champion Spor[a Produc[igns plan to~_L[~., slate-wide monthly.events rd'collier County for oh~ w~ekend O~ographiC foc~ ofpwmo6o~ Lc. Cotli~ Cmm~, M,xr~ Ialsnd. Ev~{lade~ ~c. As in pas~ears, par~cio~nt~ vL~om all over the state of Florida, with 60~ fro~e. South-. eastern co~t ApplicatiO~ mu~ be zc. com~ed by the foLlowislg: .~) c) ¢) Verificazion of nm-for-profit ~ L~si fiscal year ftaandal ~'~tement Incorporation p .zpe~ uale~s specifically ~ived by TDC Detziled IL.ne item budgel for pcogram for both ewvenue.s aad e. xpenses. Detailed descrip:.;oa of propocsed plan A mazk¢fing plan cm~y be substituted for items d and · above. S. Cat-.gory C projec~ and -ctivities whic. h promote tourism should have zn emphaais on Ibc "shoulder and off sr.a.son' o[May Ihro~gh Novcmbex. What ~s Ih~ ~cbedulcd d~t~($) for your project/activity? AUgUSt 9-10t 1997 AGENDA ITEM · .~./_', ~ (,) AU6 5 1997 Pg. .j 9. Disease I-,ow ygur'or~aniz~on will.moazur~ me nm~ oC ~to~ ,mct~ ~d number o~ room nigh~ g~ by ~ ~ore_h Naples Lt~le League and Champion Spor~Prod. ~tll designate specific Host Hotels and Condomia~uma who shall agree ~o provide'even~ participants an'd ~heir ~avelltng par~!ea ~t~h special ra~ea. These ho~els ~hen provide us ~i~h a rebate for each nigh~ stay. '- Ot~o~ C Sdecfion'C~ter~: 10(a). [den~ ~e ~ for a~ "~ ~ off s~n". ~f~ v~i~rs TovHstDevelopm~tdo~~We e~iaa~e !512-15 ~nt provided by.the TDC; ,'tO expres~d ~ "ou{~f~,m~* ~sitom ~t~ ~ To~ D~oPm~t doH~ e~ded.. In pas~ year~ over 80~.of spec~a~vrs ~nd ~ar~icit)an~s. have come from' 6utsi'de Collier County' .iO afl ¢~'6 lO(c). Ide~ ~e e~ n,~ of hoteVmo~l ~r ~o~d ~ g~ bom ~Io~o~ of T~ ~~ ~ ~P~ ~ o~ ~ Development ~i~ e~ ' l~O ~v~rnidhL s~ · 10' expended to(d). l O~c). Idea6~' th: matc. hiag dollars provided by your organization expressed as m~tc.h~g dollars per Toua-ist Devctopm.eat dollars cxpea&xt. S__ponsorship Dollars : .29 p~r ?DC Dollars expended; Hotel rebates = .10 per TD¢ dollars expended; g..crtr~e--~': · Identi~ thc future g~o~',h potential of the projeg:t bein$ submi~cd without Tourist Dcvetopmeat fimds ts TDC fimding ks to be r~gardod as seed raor,~y, not continuous funding. Since we'had our first event in Naples three years ago, they have continu0~sly expanded. Adding additional events every year means that 'it ~'ill take 'time for them to become established. As this happens, we rill re'c~ive more SlSonsor support and entries for each event.' Las.~~ year'we.had;':°n'.l~ 2 events, and this year we have 5~ 6u~ history of .9.rowth suggests that we '-g i.l:~, continue t? ex~<'~'d'~,, t.hus ~..~e. Crea~}ng .. AU$ - 5 Bg? pg. ~/ 1~0. Di~s the ~tmdn~s of yo~ out~f-cotmt7 nmtIrrd~ ~an, ap~c~cally in tcmu of how theev~t ~bepromoted~dmwoul~f-county~sitort ..Champion Sports Prod. wtll be in charqe of all out-of- county marketing. The plan. consists of advertisements in Florida Sports Magazine, Running & Triathlon magazine, as well as newspaper articles & listings, posters, media releases, and direct mailing of applications to our database'of over 5,000 names. l O{g). Disc~s yo~ organization's rz~aagcmcat ~d stzb~, spcc:ifical]y, M terms ~ its abili~ to m~ge ~he ~ ~ ~~ ~ ~,~ ~ ~ ~e ~e ~ r~ulu. Th~ year w~ll be our 4th year dninq ~vents in Naples and our 4th year of softball.We have experience tn statewlde ~9rtin~ events, includlng 5 yrs.' ~ith the Florida Duathlon Ser~es, 3 yrs. with Hooters Flag Football leagues, and NFL properties for Air-~t--Out & Quarterback Challenge. lO(h). Discuss you organization's r~dincss ~ implc:aacnt tim pmj~L This project has been an ongoing effort since we had our first event 3 years ago. It is a cooperative effort between the North Naples Little League and Champion Sports Prod. and is already underway for 1997. A GF..NDA IT.d AU6 -5 1997 lO(i). Discuss why funds azc unavailable from o%l~r ~ .u~x~ To~'i~ Dcwelopmeat ~ds ~ld no~ be view~ ~ ~ppl~fi~ or ~laci~ ~ ~ ~ This evenb ts expandln9 from 2 event8 tn ~revlous year~ ko five events this year (Duathlon, 5K, Fla~ Football, Softball, & Ouarterback Challenge). S~nce there are new events sponsors do not w~sh to provide as mu~h money as we'd like and potential entrants may wait a year to see how the f~rst year "w'ent. Once established, th~ eye,ts a~C~ven*~s- of ~ ~=~ty to ~e ~ public ~d ~padbU[w ~ ~ Thls evenb vt11 provide Collier CounCff ~eatdenk~ vlbh an oppor~untby bo parbicipake tn spo=~s acbivi~ie= vt~:h ou~-og-. counby res!denks. ~he=e ouk-o~-counky vistko=s vtl~ spend money for hobeis, food, ekc. ~his vt11 inc=ease ~evenues fo= XocaX businesses ~nd bhey vIXX have.exkga money ~o spend wikhin khe commu n i ty. ~dcl~nc~ ~d cr~[~ ~d P.~so]u6on N0. 93- SLg~an~e of 0~aniza~0n's Chief Of Hcial D :~wp$ 2DA T^\LL §kK Pk~TG.~ANT. TXTLLB~O4-2 !-9¢ · AGENDA ITEM · . No. f~ ~.f,\ - AU6 - 5 t997 PROJECT PROPOSAL This year the North Naples Little League' and Champion Sports Productions plan to bring 3 new events in addition to the annual Flodda Duathlon Series and Bud Light Softball Series to Collier Ccunty. That means we plan to bnng twice as many visitors, if not more. We are tentatively scheduling all of these events for the weekend of August 9-I0, with pre-event activities on August 8th. A tentative schedule of events is as follows: Participants Welcome Dinner Softball Tournament (Men's Class D) Fast Action Flag Football Tournament Quarterback Challenge ('1 throws for ,$3) 5K Run Ouathlon Fd. 7:00 p.m. Sat. & Sun. All Day Sat. & Sun. All Day Sat. & Sun. All Day Sun. 7:00 a.m. Sun. 7:45 a.m. Along with the events scheduled, our Friday evening welcome dinner with a live band will attract visitors to come a day eady for pre--registration. This increases the economic impact for Collier County (economic impact figures enclosed) and benefits for the North Naples Little League, The estimated number of participants for each event are as follows: Softball Tournament Fast Action Football Quarterback Challenge 5K Run & Duathlon 250 300 300 (Participants derived from other events 300 There is also an approximate 1:1 ratio of spectators to participants. Over 80% of all Participants and guests will be coming from outside of Collier County.. AGENDA ITEM AUG - 5 1997 Pg._ "7 1996 Economic Impact Fiqures City of Naples, Collier County, Flodda Room Nights: 375 Ore might Stays: 750 Economic Impact of Overnight Visitors: $93,750 1997 ESTIMATED ECONOMIC IMPACT FIGURES Room Nights: 615 Overnight Stays: 1,230 Eco~lomic Impact. of Overnight Visitors: $153,750 Special Event Promotions: Local Sponsors: Impacted Local Agencies: Program Support:. Long Range Effect:s: 1) Free pasts dinner for 5KJOuathletes who s~ay ovemtght. Pre.event catered dinne~ fo~ nil flag-fo~.ball & softball perUcipents. Pre-mgistmUon fo~ 5K/Duathk:m. Naples on lhe Run, Coastal Beverage. Holiday Inn, Bike Route, Wldom Chin~, Pubax, and rno,re to be added as the event Collier County Parks and Rec~eatkm Naples Police North Naples UtUe League NI ~tdeUc eve~s are pert of an o~go~g series, compeUflo~ a cham:e to match skills. media releases. As pert of a series, this exposure is seen year round. AGENDA ITEM AU6 -5 1997 1997 ESTIMATED BUDGET Sponsorships ----- i Hotel Rebate TDC Grant 10.950 3500 12401 __ 27,690 EXPENSES Umpires & Referees T-Shirts ' Staff- Event Weekend IBand (3 days) Awards & Certificates Insurance __[_Fast Ac~on Sports Fpolice Advertising Equipment Participant Dinner Application Pdnting Staff Meals (3 days) Transportation Postage Field Usage Miscellaneous Cones Rental Page 1 AGENDA ITEM AU6 - 5 t9~'/ P~.___. ~ EXECUTIVE SUMMARY APPROVE FUNDING THE MARCO ISLAND CHAMBER OF COMMERCE FOR $43~,800 TOURIST DEVELOP.MENT FUNDS, ADVERTISING AND PROMOTION OBJECTIVE: To approve funding ',he Marco Island Chamber of Commerce for I;436,800 Tourist Development fi*nds for advertising and promotion. CONSIDERATIONS: At tl',¢ July 21, 1997 meeting the Tourist Development Council reviewed grant applicat;ons foz advertising and promotion. The Marco Island Chamber of Commerce requested $436,800 for fiscal year 199a. The Tourist Development Council unanimously recommended f~anding this application. GROWTH 3,LANAGEMENT IMPACF: None FISCAL IMPACT: Sufficient funds are available in reserves in Fund 194 for this appiication. A budget amendment is needed. RECOIVfi'VI~NDATION: Approve funding the Marco Is/and Chamber of Commerce request for $436,800 for advertising and promotion Tourist Development funds, Approve budget amendment. Authorize the Chairman to sign the standard advertising and promotion contract. ~Z-Jean Ga~sel, Budget Analyst Reviewed by: /~ ~.~ ~. ~ Michael Smykowski, O~ Dir~or Date: JARCO ISLAND' ~THE EVERGLADES MARCO ISLAND & THE EVERGLADES CONVENTION & VISITORS BUREAU 1998 MARKETING PLAN AND BUDGET PRESENTED TO THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL JULY 21, 1997 Marco Island & The Ev~r~lades'Com~rnlion & Visitors Bureau 1102 No~k Colllc~ I~ukYetd. Man:o I~. ~ 34145 U.S~ Tckp~: IU.S~.) ~-78~-~C0. (U.K.) ~-891-411 * (~ 013~81~1 I0 F~: 941-394-3~1 ~c~~d~c~ ~ ~ 1997 MARKETING RESUI. TR During the first five months of 1997, Marco Island & The Everglades has experienced continuing growth in toudsm. Prior to this year, 1996 was the top tourism producing year for the destination. However, based on the first five months of data analyzing room nights and average room rates for the top three hotels and major real estate properties, Marco Island & The Everglades is outpacing last year's figures for the same time period. At the time of this presentation, Marco Island & The Everglades Convention & Visitors Bureau is mid-point with marketing efforts aimed at increasing business during the shoulder per,ods of 1997. As we apply for 1998 funding, we are very proud to announce thai the first half of the year has produced numerous significant results. Here are the highlights of our success story: 'Qualified leads have nearly doubled for the first five months of 1997 over last year. Over the first five months calls rose to 13.394 vs. 7,430 in 1996. This is a 90% increase to date. 'Professional lead tracking systems have been developed in order to properly manage and store the leads and qualify the effectiveness of all advertising. Media buying is then adjusted quarterly based on this information to maximize the biggest bang for the buck. 'Major international cooperative sponsors have been developed, which will result in nearly $400,000 in free awareness building advertising by year end. Canon Cameras/Conde Nast The Traveler Magazine ESPN/Canon Camera Safari Series Nikon Binoculars/Agfa Film/Tamron Camera Lenses/Avis Rent A Car; Tissen Filters/Bogen Gritzo Tripods/Audubon Magazine New Yorker Magazine Meetings & Conventions Magazine Tour & Travel News/TTG 'Marco & The Everglades participated in a co-op cable television buy with the newly formed Florida Tourism Marketing Corporation (FTIMC). Based on the success of the spring buy, we are planning a second national cable buy with them for the fall. °A Southwest Florida Tourism Partners program was established to open dialogue among Marco/Everglades, Visit Naples, Lee Island Coast, Southwest Florida International Airport and Charlotte County. Cooperative marketing opportunities are discussed and planned dudng monthly meetings to assist in increasing visitors to Southwest Flodda during shoulder periods of the year. 'Cooperative marketing "brainstorming" was initiated with Visit Naples this year and plans are in place to increase co-op opportunities through the remainder of this year and into 1998. 'A new Web site for the convention and visitors bureau was developed in the spring and currently is being scheduled [o go on-line this summer. Advanced market;rig tools will be added to the web site this fall. The web site address is: www.marcoislandeverglades.com. 'On-going research is being conducted with consumers calling our toll-free numbers. This research, along with the database of names and addresses, will be analyzed in the early fall in preparation for direct marketing programs p;anned for 1998. *The Chamber of Commerce office in Marco has been provided with software and marketing tools to allow for collection of inquiries and research information to parallel the data being collected from our outside professional telemarketing resource. This will allow all inquiries to be collected, archived and utilized for future Iow-cost direct marketing communications. *The first international trade show has been booked for January, 1998, in conjunction with the Southwest Flodda Tourism Partners program. Travel Trade and consumer show participation is a new area which we are very interested in developing over the 1998 marketing year. We will be looking to work cooperatively with Visit Naples and Lee County to provide for cost efficiencies and to maximize effectiveness. As initially proposed to the Tourist Development Council in November of 1996, roil-over funds from previous years wereufilized the first half of 1997 to create new, visually distinct call-to-action advertising. Completed and in use are: New :30 Direct Response Television Spot New Consumer Print ads A 6-i/2 minute vidco with customized cover and mailer for fulfillment to consumers responding to the direct response advertising New trade print ads Direct mail antique postcard mailer for meeting planners and travel agents An insert to the existing Vacation PIanner to provide additional information on attraction and longer stay accommodation options New logo and letterhead suite The results of this concentrated, cooperative effort over the past six months has been extremely positive with regard to increasing leads to the destination, improving our knowledge of these potential new visitors and secudng the opportunity to communicate with them over and over again to insure they visit Marco Island & The Everglades. Additionally, we have received numerous positive comments regarding our advertising and its effectiveness IocaJly, throughout the county and at the state level. Marketing Update July - October 1997 There are a number of exciting programs that will be launched in the second half of 1997. The following are highlights of these programs: *AUDUBON -- 11-page Special Section featuring Marco Island & The Everglades to appear in September-October issue. Possible due to the development of numerous international advertising partners and Audubon. *CONDE NAST TRAVELER -- Canon Cameras cooperative sponsorship with the destination will result in a four-page special section in the October issue. Also during October ESPN will shoot a 30-minute segment on Marco Island & The Everglades for Carton's Camera Safari show, which will air in November of December 1997. 'TELEVISION -- Cooperative national cable television with the state of Florida will begin again in eady September and through direct response methods will generate almost 4,500 leads. 'MEETING PLANNERS AND TRAVEL AGENTS -. Unique antique postcard mailers will be sent to 2,000 top meeting planners and 2,000 Northeast and Mid-West travel agents. 'SOUTHWEST FLORIDA ENVIRONMENTAL CENTER -- The convention & visitors bureau will be joining with numerous groups to launch this center October 3, which will be located between Marco Island and Everglades City on U.S. 41. We are currently in discussions with an international manufacturer to be the official sponsor of the center. The attached flow-chart shows all advertising and marketing programs slated to run now through October, 1997. NEWSPAPER COST # of I/ADS COST/LEAO COST MEDIA ~ (3x B&W Zl ') $21,861 564 $38.76 NYC (Sx B&W 21") $57,120 706 $80.91 TOTAL NEWSPAPER TOTALS $78,981 1,2.70 S62.19 MAGAZINE (1 x Four Color Full Pacco) Audul~m (lx Four Colo' Full Pa~e) Southern LMn.§ (2x Four Color 1/3 Page) Nast (1 x Four Color 1/6 Advetocial Pa~) TOTAL I~tAGAZINE TCTALS STATE CO-OP (~be__gin_~ning Aadll ) Animal Fox News LEetime Travel TV Food USA Net Weather TOTAL STATE CO-OP TOTALS (Load without Florida Co-oF $1Z.S0) FLORIDA SPOT TV (2 markets x 3 weeks) WFOR WPLG W~VN W~VJ WPBF $Z8,140 713 $11,700 268 $30,690 986 $6,000 363 $7G,530 $27,SOO Z,330 1,249 $39.47 $43'66t $31.13 $16.53 $3Z.85 762 221 0 1,107 354 j --, 0 4,073 $G.25 $$.25 347 220 3O 4O WPEC 107 WPTV lzl WFLX 15 I TOTAL FLORIDA SPOT TV TOTALS $56,844 956 $59.46 TOTAL OTHER TOTALS Unknow~ $0 1 ZO TOTAL. MEDE& BUDGET TOTAL LEADS AVERAGE COST PER LEAD TOTAL MED~ 122 $59.46 $0 $0 SO.IX) 8,751 $27.41 $26.24 $239,855 AVERAGE COST PER LEAD TOTAL CO-OP LEAD: FOUR MONTH MEDIA COST PER LEAD ANALYSIS FEBRUARY 9 - JUNE 10, 1997 Marketing Ob!ective,~ Persuade vacationers to tr~ Marco Island and The Everglades for the first time Bring past visitors back to Marco Island and The Everglades Convince consumers who requested the destination's free video in 1997 to visit for the first time or to return again in 1998 Marketing Strategies Continue to make it easy for consumers and travel professionals to identify and choose Marco Island and the Everglades by differentiating it from other Florida choices. Continue to apply pressure in paid and non-paid media to keep Marco Island and the Everglades "top-of-mind" among consumers and travel professionals. Continue to use a balanced creative approach and media mix to ensure that our m~ssage reaches and persuades the largest possible audience when comrr, unicating with first time visitors Introduce a targeted cost-efficien! direct marketing approach to hJrther convince past visitors and consumers who received the destination's free video in 1997 to visit Marco ~slsnd and the Everglades Marketin(~ Tactics Continue to use advertising materials created in 1997 with the theme "Two Destinations in One Great Vacation," based on the success of campaign in 1997 and cost-efficiency of continuing to use existing creative A~locate the advertising budget in the shoulder seasons Continue to participate in FTIMC co-op programs to augment the advartising budget Continu,3 to use direct response advertising to further generate leads and provide trackable results for program refinement Further develop cooperative efforts with Visit Naples and the Southwest Florida Toudsm Partners to stretch marketing dollars and provide synergy in marketing where appropriate Continue to develop international marketing partnerships for enhanced image awareness of the destination, as well as increased marketing value Continue to develop and enhance the marketing effectiveness of the destination's web site Utilize direct marketing as a cost-effective targeted method of communicating a persuasive message to leads captured during the 1997 marketing year, in order to insure they will visit or return again to Marco Island and the Everglades CONSUMER 25-5¢ male/female HHI $50M* Traveled within U,S, in past 12 months 25-54 female HHI $50M+ Traveled within U.S. in past 12 months TRAVEL TRADE Domestic International MEETING PLANNERS Domestic Media~ NATIONAL, with emphasis on the Northeast and Midwest FLORIDA, with emphasis on the Southeast M_e, dia S e~ ~ i_,,StLo_Q Based on lead analysis for the first half of 1997, we anticipate concentrating media on the following: Pay Per Inquiry Television -- National Cable stations co-op media buy with FTIMC Magazine Pdnt -- To be determined based on negotiations Direct Marketing -. Targeted mailings to consumer leads generated during 1997 Travel Trade Pdnt -- Focused on Germany and the United Kingdom and direct mail to top producing U.S. agents/owners Meeting Planners Print -- To be determined based on negotiations The following flow chart predicts the percentage of advertising dollars and the seasonality of spending for all media noted above. MARCO ISLAND & THE EVERGLADES CONVENTION & VISITORS BUREAU PROPOSED 1998 BUDGET ADMINISTRATION' PUBLIC RELATIONS ADVERTISING ANTICIPATED TOTAL: $150,000 30,000 256,800 $436,80O MARCO ISLAND ~ THE EVERGLADES January - June 1997 Public Relations Highlights The Zimmerman Ageno/January through June 1997 public relations highl:,ghts for Marco Island 6' The Everglades: · Captured exclusive print put)licit), reaching more than 17.9 million ~n circulation. 7he following provides a mere sampling. Domestic Ne,,,,' York Times ~gt. Louis Post-Dispatch Miami Herald Washington Times Southern Uving Travel Your Way Bndal Guide International Family Circle Lorldon Daily Sta~ Toronto Sunday Sun Glasgow Herald Geo Die Ze.,t Abendzeituns Developed internet site complete with releases, press k~t materia!s, maps and pho' 3graphy for media usage. The electronic media resource center (E~,~RC) has received more than 6,700 hits year to date. · Negotiated more than $35,000 in radio/broadcast advertising equ~valeno,, at no cost to the CVB with the emphasis on Florida drive markets during the summer seasons. Orchestrated international media development mission through personal interviews with more than 50 editors in the LI.K. to promote h~arco Island 6~ The Everglacies with high-profile national newspapers, consumer magazines, broadcast organizations, travel specific, trade publications and freelance writers. Conducted domestic media development missions through one on one meetings with more than 70 editors in South Florida, the Midwest -- Chicago, Indianapolis and Milwaukee -- and Ne-vv York City focusing on the summe~ value season, eeo-tourism and Everglades National Park's 50th Anniversa~'. Coordinated indMdual and group media faro tours and hosted 48 writers from the United States, Germany and the United Kingdom focusing on two vacations within one destination. · Secured $25,000 In airline ticke'cs at $-0- cost to the client for journalist familiarization trips both domestically and abroad. Secured visit for Gallagher's Travels, a half-hour cable travel program which broadcasts to more than one million subscribers in the mid-Atlantic region and pats of the mid- West. Programs are edited for a showing life of three years, as well as possible national and international distribution. The segment was filmed entirely on location at ~'~arco Island ~ The Everglades Coordinating filming of U.K. travel segment on Florida for late summer with European Business News, affiliated with Wall Street Journal. Received $22,000 in international adve."t~sing equivalency resulting from a cooperative promotion with Woman's Realm garnering/~rco Island ~ The Ex, erglades extens~,e exposure to more than 280,000 readers within the U.K. the sweepstakes competition was featurec~ ~n a t~vo-page spread in the p',~blication's Aprii issue. Coordinated industry tours in conjunction with Florida Tourism Indust~ ~'~arketing Corpo..'arion and the Lee Island C~,as~ V~sitors ~ Convention Bureau. Drafteci and produced the Marco Island ~ The Everglades newsletter for the first quarter, with thc summer ~dition currently under production MARCO ISLAND 6~ THE EVERGLADES CONVENTION AND VISITORS BUREAU PUBLIC RELATIONS SNAPSHOT 1997-1998 PUBLIC RELATIONS MISSION Establish market share of international and domestic travelers for Marco Island ~ The Everglades Convention and Visitors Bureau (CVB). PUBLIC RELATIONS STRATEGIES Position ~,arco Island ~-~ The Everglaoes CVB, its stunning 13eauty, colorf~JI characters and natural inhabitants, as Florida's premier island vacatior~ and meeting destination to first-t~me arid repeat internationai and domestic travelers ar'~d primary infiuencers Capitalize on the ~remendou~ momentum created for the ec~oa~ent~re positioning. Enhance awareness and create extensive exposure by capitalizing on opportunities through aggressive international and domestic media relations. Execute explosive international and domestic ~rint and broadcast editorial programs spotlighting the distinctions of ~'~arco Island ~ The Everglades Ccnven~3n and Visitors Bureau through conventional and creative avenues. Influence travel decisions by enhancing destination awareness with messages tailored to the specific mind-set of the consumer. Generate enthusiasm ,~or the expectation and anticipation of ~he ~,arco Island ~-~ The Everglades experience. Secure dramatic effectiveness, efficiency and credibility through non-traditional alliances and partnerships. Interface with advertising/direct marketing sales to complement and strengthen marketing impact. Create promotional tactics based on strategy and measurability. MEDIA AUDIENCES DOMESTIC PRINT National N~,vspapers FJorida New~papers Travel Specific Magazines Travel Trades Consumer Magazines W~re Services,,S~dica~ed Writers Freelance JournaJists Normeast Ne~vspapers Mic~vest Newspa~)ers Southeast Newspapers Ecotourism Publ~catJons Travel Guide Books Family/Parent Publications Meet~n,~,ncent~ve Trades AAA Pub!ications ,~^embershig/AJliance Publications Bridal Magazines Inflight Magazines Senior Publications Golf Publications Tennis/~3az~nes Sports/Outdoor Magazines BROADCAST Network and Cable TeleX~sion Ne~-vork and Syndicated Radio Key Market/3ackyard TeleVision and Radio INTERNATIONAL M~RKET Germa,'T,/ United Kingd® Canada INTERNET PUBLIC RELATIONS ALIGNMENT ROLLED SLEEVES RESEARCH Re-ana~e the nyost dynamic public relations opportunities to promote Marco Is'and ~ The Everglades. IMAGE POSITIONING Utilize established core communications messages and illustrat~,e image positioning t, anslat~on, of eco-adventure to clea~ly reflect the destination distinction. MEDIA CHOREOGRAPHY Estab!ish the critical path of media message delivery -- ,nterna:ianall,/and domesticalh/. PUBLIC RELATIONS TACTICAL MOMENTUM MEDIA PACKAGE Utilize a comprehensive, "fresh concept" press kit por'~"a',dng the al!uring image of Marco Island ,D The Everglades. Inclusive Lead At-A-Glance Accommodations Parks/Attractions Individual A~ractions Everglades City Smal,~vood Store Eco-adventure Special Events Activities Quotes Photography Map NEWS BUREAU/PUBLICITY Create and distribute innovative news releases and feature stones t~:~lored to med,a audiences. History Eco.adventure Value Special Twists What's New? Special Events Meetings,4ncentive Summer Family Holiday VIDEO NEWS RELEASE Identify opportunities to produce and dis~bute VI,IRs and B-roll footage. BROADCAST FEATURES Pursue placement on travel-oriented network and cable programs and pnmary market morning shows. FEATURE WIRE Send releases over nat~or~,,ide wire service impacting 2,000 med~a outlets. 50th Anniversary Escapes Deserted Island Fantasy RESEARCH FOR lng · SPECIAL 'I'WISTS Develop publicit~'-motivat£d, creative story ideas to expand media saturation. 50th AnniYersary of Eve~'glades National Park Bui!d on the anticipation of the upcoming battery of events scheduled December to celebrate the anniversary Own an Island Paradise !llustrate the allure of being su.n'ounded Oy 10,000 islar, ds at Z'.~arco Isiand ~ The Everglades for We ultimate escape, a~,d arrange for guests who stay a specified penod of time to name their ow~ island. Others: TBD Z-INK® (Integrated Network Knowledge) Apply agency signature media relations program to penetrate placement. CARRIE ZIMMERMAN i Marco Island ~ The Everglades CVB Z-INK Jennifer Keister and Melissa Spelt I Melissa Speir J United Kingdom Germany Canada I Lisa Brown USA Today Business Magazines Hotel Trades Travel Trades Wire Services/ S,vndicated Writers I Beth Vairo Cable/Network TV Meeting/Incentive Trades I Betsy Ta; an SE Newspapers Family/Parent Publications Stacey Whiteside National Newspapers Florida Newspapers ! Catherine Sanders Network Radio Syndicated Radin I Mindy Greene Freelance Journalists Midwest Newspapers I Christen Drewes AAA Publications Metro Magazines Historic Publications I I Jennifer Keister Ncrtheast Newspapers Bridai Publications Jennifer Salerno 'Tennis Publications Senior Publications Sports/Outdoor Magazines Boating/Fishing Journals I Alice Fitzgerald Consumer Magazines Stephen Buckner Golf Publications Inflight Magazines Travel Specific Magazines I Stephen Demme Intemet Z-HITSe (Honed ~, Identified Target Stories) Leverage knowledge of existing publicity potential in more than 250 pre-planned ~eatures. INTERNDI' MEDIA Explore the end!ess opportunities of the World Wide Web. Dedicated Electronic Media Resource Center (EMRC) News Via Travel File, Traveloci~, Microsoft Expedia, etc. Promotions with America On-Line, Prodigy, etc. MEDIA LEYERAGING Negotiate editorial inclusion against advertising media placement. Audubon CondO: Nast Traveler Southern Living The New Yorker OtJ-~ers TBD by Tweed ADVERTORIALS Provide appropriate copy for use in paid advertising W~th editorial applications. TBD by Tweed MEDIA SUPPORT Maintain an extensive media database, photo librar,/and publicity monitoring program. MEDIA DEVELOPMENT MISSIONS Choreogra~,h extensive one-on-one interviews in major editorial markets to expedite publicly, maturation. Germany Florida United Kingdom Atlanta MEDIA FAMILIARIZATION PROGRAMS Implement media tours or personal visits for high-impact consumer and trade editors travel journalists to influence story placement. Three International Group Fares Coordinate ~nte~national press tours with six to eight journalists. German U.K. One Domestic Group Fam Coordinate domestic press tour with six to eight journalists. Personalized F~ms Pursue ind~vidua! visits with journalists highlighting the area Cooperative Group Fares Florida Tourism industry Marketing Corporation Visit Naples BROADCAST MERCHANDISING Negotiate a minimum of $150,000 in primary market teleX4sion and radio promotions at no financial expenditure to promote summer season. Miami,~'o.rt Lauderdale Orlando/Palm Beaches Tampa New York Chicago COOPERATIVE PARTNERSHIPS/STRATEGIC ALLIANCES Execute promotions with high visibility corporate partners, such as retail chains, magazines, credit card companies or airlines, valued at minimum of $100,000 each. PRODUCT DEVELOPMENT Develop initiatives spanning beyond ~blic relations boundaries, such as past concepts like the manatee program and National Park partnership. SPECIAL EVENT SPRINGBOARDS Capitalize on public relations opportunities presented by holiday and existing/'~arco Island events. INDUSTRY RELATIONS Cultivate partnerships and strategic liaisons V~th local area and CVB travel indust~, or3anizations. Negotiate complimentar,,, and discounted services on behalf of client. Industry/Corporate Partners Airlines Rental Cars Credit Cards Travel Industry Association Florida Tourism IndusW Marketing Corporation Area Industry Members Marco Island 6~ The Everglades ,~ea Chamber Everglades Ci~ Area Chamber Naples Con,.,ention and ',,fsitors Bureau Amer:can Aidines Everglades National Park Conservan~' Attractions/Activities Restaurants Golf Courses Fishing Opportunities AJrboat Rides Everglades National Park Tours Waverunner Excursions Trolley Tours Shelling Excursions Shops NEWSLETTER Create newsletter for quarterly dis~bution to Marco Island ~ The Everglades industry members to keep them abreast of marketing efforts. MARKETING SUPPORT Leverage and extend effectiveness of the overall marketing campaign by working in harmony with all entities, such as individual hotels and resorts, real estate groups, etc. A¢¢OUN?ABII. I'I~ Provide measurable reports translating audience reach and advertising media values. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT APPLICATIO:J FUNDING FOR CATEGORY B (PROMOTION AND ADVERTISING OF TOURISM iN COLLIER COUNTY). ADMINISTRATOR COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL COUNTY MANAGER'S OFFICE 330; EAST TAMIAMi TRAIL NAPLES, FLORIDA 1. Name and Address of Applicant Organization Marco Island & The Everglader .onvention & Visitors Bureau A Cooperative Effort Funded by the Collier County Tourist Development Tax CIO Marco Island Chamber of Commerce 1102 North Collier Blvd. Marco Island, Florida 34145 2. Contact Person, Tiffs, and Phone Number Victor Yordan, Chairmsn of the CVB and Member of Ilarco Chamber, Board of Directors - Telephone · ~41/642-2460 Sandi Trapasso - Executive Director, Marco Island of Commerce - Telephone · 941/394-7549 3. Org;mization's Chief ~ and T~IS Craig Woodward, President, Marco Islam] Area C~aad~r ~ Commerce 4. Is this application for Category B or Category C? Application is for Category B funds. 5. How much TDC funding is your organization requesting? Approximately $436,800, per Jean Gansel. 6. Briefly describe program including your organizations capability to promote Collier County as a tourist destination. Marco Island & The Everglades Convention and Visitors Bureau has a history of successful marketing, advertising and public relations directed at building consumer, meeting planner and travel agent awareness and bookings, specifically during shoulder periods. While it is too early to evaluate the full year, hotel room nights and room rates have increased, as reported by the three major resort properties and the Rental Managers Association on Marco Island. During our presentation on J[~ly 21 and in a marketing report to be distributed prior to this meeting, we will demonstrate the success to date with the 1997 program, as well as outline proposed marketing and advertising for the 1998 fiscal year beginning October 1, 1997. Briefly descdbe the geographic focus of promotion. Marco Island & The Everglades Convention & Visitors Bureau will use the TDC funds to focus on Marco Island and the Everglades; however, through joint marketing programs with Visit Naples and proposed advertising, some ~wareness and bookings will benefit ell of Collier County. 7. Applications must be accompanied by the fo41owing: Verification of not-for-profit status - Filed wfth County Last fiscal year financial statement - See 1997 Official Audit Incorporation papers unless specifically waived by TDC--Filed with County A marketing plan will be submitted with detailed line item budget and ,)lan description pdor to the July 21 TDC meeting. 8. What is the ~heduled data(s) for you project/activity? TDC funds will be used to promote the shoulder season between May and November. 9. Discuss how your organizatior~ will meastlro the number of visitors attracted and the number or room nights generated by your event? Marco Island & The Everglades CVB has an ambitious and sophisticated method of tracking leads - Individuals, fsmilie~ and groups of travelers specifically interested in visiting our destination. A:~ of the date of this application we have over 9,000 names, addresses =nd telephone numbers of the individuals who called during the first six months of 1997 and requested a free video and vacation planner. We know which adve:'tising convinced them to call and we know whell they plan to travel and for how long. During 1998 we intended to communicate with these individuals and insure they visit the destination and return time and time again. This method of tracking, as well as the thousands of visitor calls and visits to the Chamber of Commerce office, give us tremendous insight into awareness of the destination, interest in sales materials and actual bookings to the destination. Our marketing, advertising and public relations plan for 1998 will be developed from this important learning, in order to target consumers more accurately and lower our "cost per lead." I have read the Tourism Grant Program guidelines and criteria. I look forward to our presentation to the TDC on July 21. Thank you. Signature of Organization's Chief Official Date: MIECVB Board of Directors George Percel, Marco Island Area Association of Realtors Phone: 394-5616 FAX: 394-8149 Alternate: Jane Purcell 140 Waterway Drive Marco Island, FL 34145 Pete Hubschmitt, General Manager Marriott Marco I~land Resort & Golf Club Lucie Manley, Director of Marketing 400 South Collier Boulevard Marco Island, FL 34t45 Phone: 394-2511 FAX: 642-2682 Rick Loh;, General Manager Marco Island Hilton Beach Resort · Jerry Atkinson, Director of Marketing 560 South Collier [~.ulevsrd Marco Island. FL 34145 Phone: 394-5000 FAX: 394-8410 Lynn Stokes, Representative Everglades Area Chamber of Commerce, Inc. PO Box 130 Everglades City, FL 33:329 Phone: 695-2805 FAX: 695-4506 Sandi Trapasso, Executive Director Marco Island Chamber of Commerce 1102 North Collier Boulevard Marco Island, FL 34145 Phone: 394-7649 FAX: 394-3061 Victor E. Yordan, General Manager Radisson Suite Beach Res4:xl Terri R. Wainscott, Director of Marketing 600 South Collier Boulevard Marco Island, FL 34145 Phone: 394-4100 FAX: 394-0419 Craig Woodward, Esq., Chairmar~4arco Island Chamber of Commerce Woodward, Pims Anderson & Lambardo PA 606 Bold Eagle Drive Marco Island, FL 34145 Phone: 394-5161 FAX: 642-6402 S 129,205 S 211,42B $ . 31,032 ~~,~ 211.421~ ~ ~ 3~.o~ ~ ~ o 3.250 lOS 0 0 770 0 0 39~ 0 0 100 0 0 ~.o 9 .... o 272 0 0 P~GE. 006 $ 37t,665 34B.512 11.747_ 7. 031 .~.2sg ]-2s9 100 .. 1..ss1 272. 173 TOTAL EXECUTIVE SUMMARY APPROVE FUNDU,/G VISIT NAPLES, INC. FOR $580,~00 TOURIST DEYELOPMENT FUNDS, ADVERTISING AND PROMOTION OBgECTIVE: To approve funding Visit Naples, Inc. for $580,200 Tourist Development funds for advertising and promotion. CONSIDERATIONS: At the July 21, 1997 meeting the Tourist Development Council reviewed grant applications for advertising and promotion Visit Naples, Inc. requested $550,200 for fiscal year 1998. The Tourist Development Council unanimously recommended funding this application. GROWTH MANAGEMENT IMPACT: None FISCAL IMlaACT: Sufficient funds are available in reserves in Fund 194 for this application. A budget amendment is neede~t. RECOMM~ENDATION: Approve funding Visit Naples, Inc. request for $580,200 for advertising and promotion Tourist Development funds. Approve budget amendment. Authorize the Chairman to sign the standard advertising and promotion contract. Prepared by: Reviewed by:__ ~' ~'ean G~sel, Budget Analyst /~ ---.,-~'.'"'~--C -C-.--- Michael Smykowski, OMB Director A(~..N]~A ~.y ~ Al J6 - 5 ~ pi. I COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION Submitted by VISIT NAPLES, INC. June 20, 1997 AU6 - § 1997 Collier County Tourist Development Council Grant Application Funding For Category B ('Promotion and Advertising of Torn'ism in Collier County) Completed applications ~nust be received at the below address no later than 5:00 p.m., June 20, 1997 Administrator Collier County Tourisl Development Council County Manager's 0~ 3301 East Tami~mJ Trail Naples, Florida 34112 Name and Address of Applicant Organization: Visit Naples, Inc. 1400 Gulf Shore Boulevard North, Suite Naples, Florida 34102 Contact Person, Title, and Phone Number: John E. Ayres, Jr. President, Visit Naples, Inc. 941-403-2010 Organization's Chief Official and Title: John E. Ayres, Jr. President, Visit Naples, Inc. 941--403-2010 Is this an application for Category B (Promotion and Advertising of Tourism in Collier County) or Category C (Local Projects and/or Activities which Promote Tourism in Collier County)? Category B AGENDA IT,ll AU6 - 5 1997 ...$ How much TDC funding is your organization requesting? Of the 25% of category B funds available (approximately $1,092,000) Visit Naples, Inc. is requestin8 $580,200. Briefly describe program including: - Your organization's capability to promote Collier Coun.T as a tourist de.~tination. - Geographic focus of promotion, i.e., Coliier County, Marco Island, Everglades, etc. See Exhibit "A" Applications must be accompanied by the following: a) Verification of not-for-profit status See Exhibit b) Last fiscal year financial statement See Exhibit c) Incorporation papers unless specifically waived by TDC See Exhibit "D" d) Detailed line item budget for program, for both revenues and expenses See Exhibit ~E~ e) Detailed description of proposed plan See Exhibit f) A marketing plan may be substituted for items d and · above Included in Exhibit "E" Category C projects and activities which promote tourism shou;d have an emphasis on the "shoulder and offseason" of May through November. What is the scheduled date(s) for your project/activity? Not applicable Discuss how your organization will measure the number of visitors attracted and the number of room nights generated by your event. Not applicable AGEIqDA ITEM AUG - 5 1997 pg. , 4 , 10. Category C Selection Criteria: Not applicable I lave read the Tourism C.-r~t Program guidelines ..nd criteria and Resolution No. 93- and agree that my organization will fully comply with the guidelines and criteria and Resoiuti0n No. 93-___. ~ohn ~r~, jr., ~id~e~, isit Naples, Inc. · }=e 20, [997 ~,....~ ....... AGEUOA ITEM AUG - 5 1997 EXItlBIT A PROGRAM DESCRIPTION AU$ - 5 The Cnpnbility of Visit Nnples, Inc. to Promote Collier Count)' ,as a Tourist DestlnntJon Visit Naples, Inc., a non-profit organization, was formed in November ] 996 This independent organization represents a broad spectrum of businesses and entities involved in tourism. Therefore, this cooperative industry-wide approach results in a creative marketing effort to achieve the goal of attracting visitors to the greater Naples area during the spring, summer and fall seasons In the past, northern Collier County, i.e. East Naples, Golden G~te, Immokalee, Naples, North Naples, Vt .~derbilt Beach and the adjacent unincorporated areas, had been represented by the Naples Area Tourism Bureau (NATB), an autonomous arm of the Naples Area Chamber of Commerce. As the NATB evolved, it was evident a new tourism entity should be formed As '~ :sit Naples, Inc. had not yet been incorporated, the application for 1997 Category 13 marketing funds for the greater Naples area was made by the Naples Area Accommodations Association but guided by the same group of tourism industry leaders who had directed the program in the past. This group expanded in 1996 and, at present, the Visit Naples, Inc Board of Directors consists of representatives from the Naples Area Accommodations Association and the Naples Visitors' Bureau; representatives of the Naples Area Chamber of Commerce, the Golden Gate Area Chamber of Commerce and the Immokalee Area Chamber of Commerce; and representatives of the retail, restaurant, attractions and transportation industries in the Naples area Please see the list of board members on following page. Southern Collier County, i.e., Marco Island and the Everglades, is represented by the Marco Island and The Everglades Convention & Visitor Bureau (MIECVB) Representatives of the Marco Island Area Chamber of Commerce, three island properties, an attraction and the board of Realtors form the volunteer organization. Visit Naples, Inc. will continue to work closely with MTECVB on tourist tax-funded programs. The marketing strategies documented in Exhibit illustrate how the proposed program will continue the momentum that has been achieved to date resulting in a destination marketing program that achieves highly positive and measurable results In conclusion, this broad-based collection of tourism industry professionals, all volunteer, continues to offer Collier County the best opportunity to maximize the potential of the promotion dollars available. The marketing strategies were developed in concert with each other to benefit the entire county. AUG - 5 1997 Visit N:~ples, Inc. Bonrd of Directors Hotel t~epresentalives John Ayres, President Joe Dinunzio, Vice President Kevin Durkin, Secretary Nancy Jane Te. tzlaff, Treasurer .Michael Wa:kin% President Joe Dinunzio, President Naples Visitors' Bureau Naoles Area Accommodations Associa:ion Thc Naples Beach Ho~el & GolfClubQuality Inn Guffcoas~ John Ayres Tile Edgewater Beach Hote! Kevin Durkin Quaiit?' Inn Golf& Cot:nuy Club Joe Freni Trianon Hotel Company Jim Gunderson The Naples Beach Hotel & Golf Club Brian Schomacker Vanderbilt Inn on the Gulf Ierry Thirion The Registry Resort, Naples h~dujt~. RepreJentauves A ttracnons: Nancy Jane Tetziaff Caribbean Gardens Zoological Park Trat~sporlation Randy Smith Naples Trolley 8.: Tours ,Retail Joyce Ford Coral Isle Factory Shops Paul Nlessino Bmgkok Cuisine Chamber of Commerce Representatives George Drobinski Golden Gate Area Chamber of Commerce Judy Keller, Executive Director Naples .&rea Chamber of' Commerce Summer Raygor Imrnokalee Chamber of Commerce Tammie Matthews. Managing Director AGENDA ITEM .~o .... ~ Aris - 5 1~ Gecgr.~phic Focus The program proposed for Tourist Development Council-funding focuses on the ~reatcr Naples destination including the fbllowing areas: ' · Vanderhilt Beach · No,"z.h 1qaples · Naples · Go!den Gate · East Naples · Immokalee · adjacent unincorporated areas of Collier County Individually and collectively, the tourism industry has invested millions of dollars and thousands of staffhours to promote the simply charming destination of Naples, Florida. Members of the Naples Visitors' Bureau and the Naples Area Accommodations Association currently invest more than S8 5 million annually in cooperative sales and marketing activities, individual adve'rtising campaigns and sales programs to promote Naples internationally and domestically In-kind contributions from member organizations are estimated at S500,000 annually In addition, Visit Naples, Inc., whose mission is to promote tourism for the greater Naples area, including the most effective use of tourist tax dollars, employs a full-time managing director, proving the tourism sector's desire to become more professionally recognized A 35-member marketing committee is in place, and other committees, such as trade show and long-range planning, are formed as the organization expands and as the need arises. By exp~mding the input oftourismooriented businesses, we can achieve marketing success by cooperatively working together. Visit Naples, Inc is funded solely by the tourism sector, through tourist tzx collections from properties in this region and the investments of these properties in both Visit Naples, Inc. programs and others. These dollars build on a solid foundation and continue the forward momentum that has been achieved to date. /,GE/~'DA rTL~~ AUG - 5 1997 EXHIBIT B and EXHIBIT D VERIFICATION OF NOT-FOR-PROFIT STATUS and INCORPORATION PAPERS AGENDA FrEJ~ AUG - 5 1997 ~g. /~' Janua¢/28,1997 C ~ ,.., NETWORKS '1201 HAYS STREET TAL/P, HASSEE. FL 32301-2607 The Articles of Incorporation for VISIT NAPLES. INC. were fi!ed on January 27, 1997 and assigned document number' N97000000439. Please refer to this number whenever corresponding with Ihis office regarding the above corporation. The cedification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION. A CORPORATION ANNUAL REPORT MUST BE FILED WITH THiS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FiLE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER IDENTiFICATiON(FEI) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECE!VE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4. SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT NOTICES REACH YOU. Should you have any questions regarding corporations, please contact this office at the address given below. Kimbedy RoUe, Document Specialist New Filing Section Letter Number: 297A000042~ 5 Division o£Corporations - P.O. BOX 6327 -Tal]ahassee, Floridi~'~.i.5;i-~,f ' - AGENDA ITEM ~o._ ,~ ~ (::)~ AUG - 5 199"/ I certify the attached is a true and correct copy of the Adicles of Incorporation of VISIT NAPLES, INC., a Florida corporation, filed on January 27, 1997, as sh6wn by the records of this office. The document number of this corporation is N970000C0439. C¢:.EO22 (2.95} Twenty-eighth b,':v cf January, 1997 ARTICLES OF IN'CORF'O,nLATIO~\' OF VISIT NAPI. E$, i?<C. A Corporalion No! ]':or Pi'off/ the undersig'ned, act:ng as iucocporator of Visit Naples, Inc., corporation trader Chapter 617 of' the Florida Statutes do hereby ad~,!)i ~l~c li)lln,,,, i~.u Articles of lncorporal/on rot such corporatien. ( r ,~'D .' T-- 'l'hc name of this corporation (herema~er called Co."porat~on') ~s V~x~: Nnplcs. Inc. A_RTiCLE I~ 'rE~,',4 OF EXISTENCE Thc c:,:istsnce of the Corporaaon "' -' , ...... ~vilh Iht Deprgrment of Stale of the Stare :f Florida and shall COllllilllC I[ICI'C;II'IC: IOer!~ctu~t?', unless d(ssoived accordin~ ro law ARTICLE PRINCIPAL OFHCE Thc principal office ot'ti~e Co~oration shall be 1400 Gull* Slltm.: ill',.d.. S~tilc 21,',:, Naples, Florida, .34102. and the ma/linc address oFthe Corpormio~ sh;llI hc S;/IIlL' A ,1 It LEI PURPOSE A.ND POWERS 'Iht specific and primar)' purpose for ,.vhich this corpot'atitn~ ~s org;m~×cd ~$ lo I)rOnmlc lotlri$11l and ensure th,.: mosl effective use of touris! lax doll::rs I'tw tim grc:nc~ N I1 cs i"lorida a,'cn In funhcrancc of such purpose, bt:! wid'~oul iimilalion ;l~lhorilic.s of Iht Co, rporaiion, the Co~pora~ton si~al? have genera!l), and specificaily as pro'~idcd in Sec;ion 6]? 0_%2 of ~h¢ l:io~ Ma Not Coq~uration Act provided, howe~cr, d~[ :his co~orahon i~as no power h: il~lV aCl~vity that i;i itself is not m fu~dmrance of ztz ptn~oses ns sot l',n':h Notwithstanding any other provisio~ ot fire c. , pm'pc>scs set fo~ herein, thc co~orat]on may acquit proper?5' b)' ?';mi. gift. devise er b:quest, and hold and dispose of s~:ch property as risc corpora'tam requir'e l~r the benefit office members and not for pccumaz5 prolqt A?,TICLE V NtE~tE3ERSHtP Thc coqooration shall have a membership dis!mc; From Il-lc Board 'l'hc a~lhorizcd number and qualifications of the members of n~anncr of theh' admission, tl~e different classes of member's tip, voting ~:d other rights and privileges of members, and tisei~ ~n {}~c Bylaws. AP. TICLE vi ILEGISTERED OFFICE AND 'l'he street address ofti~c Uz/tiai regislere.5 office cf the corporal~on is t,1<)() (lull' NIiorci3vd Suite 218, CityofNaples, Com]wofColh:r. Siaieol nan~c~l',{sini(~al~egisteredagenlat tha~ address is John E Ayres, j~' .&RTICLE D??,.ECTORS TIic al-fairs of the Corporal:eh wil! be managed by a Board t:t:'llSl.qllllg ofth,'cC (3) members, initially The {IHI3'IL~¢: Of'13lellll3eF.q COllSllll{llll,..i lilt }~oiu'd of [)ireclors may, fi'om tilne lo tnu¢, be mc:easeci or decreased b,, Ibc n< nmx bc provided in the Bylaws, but will nev:r be less titan lhruc (3'}. (a) TERJMS OF OFFICE Dnec~ors ,:,'ill._~eI:cralh'. sc~ vc ;i tc~n~ and shall be elected at thc annual mcctinu of the mcmbc~sl~it~ i It,u-ox c:. of thc Board of Du'cctors will se{-,c until i}':e~r SuCccsq,.3~s ;IrC clcc{ctl mavbere-elecred foraddn~onallcnns [n rhe case of ~~ 2 AUG - P~.~ dm crcalien of a new direclorship, the vacanc~ wil! be ~iled by ih~ $1~1'%oi1 the relna~n{n~ Board of Deectors and thc ne,.vl7 appoimcd ~nembe;' ',viii strvc t~exl elect{on o[ Directors (b) ELECTION B\' .'v~M.BERS. Members of the Board ,,v,li he eiec~ed by the ,~embership, except as hevetofo;'e provided livery dec',ed ,,,,,ill be e{ll',er a t7 emoer of the comoratton, ct, ~: the case ol';m till{Iv II'~Cllll)Cl, an ofiice~, gct~crat pltn;:cr or ~'ustee c. ftltat mcmipcr, as. the case ma, be All lar[2c.st nun'~bcF oF votes shall be the Chafnnan of the Board of Dir'eclors (c) The names and addresses of the persons x','}~o shall sz;',.c ;ts .!c.2¢ DH'mazio A (I d t-ess Edge',:. ater Beach Proi)c:;',cs 1400 ©~tlt-Shcre Blvd , S~t,.:' 21X Naples, Flor/da 34102 NAAA QualiU h'm ©Cfcoasl 2555 No,"-tl'~ Tamia,'n~ Trail Napl,:s. Florida 34102 None,, .lane Te!zlaFf Caribbean Ga:dens Zc;oh. 2.~lcal 1590 Geodle~:e Road Naples. Florid:': 34103 (d) Any action required or pern~ittcd ro be taken hy Ibc !k~a,d ~i' I')iFcclorS m~dcr any pFovisiot: off law mav be taken w~ll~oul :~ mcclmg, if' :ill linc Wrillcn collScnl or consents shall be filed w~th the restudies of Ihe procccdl~i~zs oI' Ibc AGENDA ITEM, pro,,isio,~ oF law that relales Io ecl]on taken m ,'hi-: manner shaii was laken by w]annnous v,'r~l~e~] co[~Se~ll Of lh¢ Board of D~reclors a~d ti:at lhe Amcles of Incorporation of' this cerpora;~en au~horizs ~he directors ... s~a~emen, sha~l be prhna facl¢ ~vd~nce of the director's nucleon y ARTICLE Vii! Thc Board of Director.~ o£ the corporation sl.al) elect the fot!o,.,,,in,a_ officers: ?resident, Vice P~esidenL Treasurer and Secretau,' and any other oliiccrs*wt~ich thc By!awsof'tidscorporationauthorizetheDffectors[oeiect Initially, officers shall be elected at tile first ammal meetblg of Lhe Board of Du'acters Untl! that election ~s held, the lblJo,,v~n,_a persons shall serve as corporate officers .loire E. Ayres, Jr Ed,.t4e.',,,ate;' Beaci~ Properlms i400 Gulf Shore Blvd., SIe 2i8 Naples, FL 34.102 Joe Dmtmzio Quality Inn Gulfcoast 2555 N TaniiamiTrail Naples, FL 34102 '","ice President Nancy Ja~e Tetztaff Caribbean Garden Zoolog:cal Park 1590 Goodlette Road Naples. FL 34 i03 Secretary/"f'~ cesta'ct ARTICLE IX BASIS UNDER WHICH COR.POR. AT;__O_N IS iDRGA,X.'I,,iI.:I) The corporation is a not t'or profit cor'poralien as defined h'v thc Not lbr lh'olil Corporal/oil Act in Section 6i7.01,101 office Florida Statutes .,Ns s c~, il is or,an/zed tbr I]1¢ 12CCtlll~,3i~ XaI:I Or pl'Ofil Of, a~d its net ear~..2s ~',t)i any. i~arl II~crc()l' is dfs~nbt~table to ~ts members, dircclors, ofi~cel-s o[' odlcr t)~lvaic I~CIso~x cxcc})l AGENDA ITEM spcci[ically pcrruillcd under tI~.~ prov sions of th,z F!oe'da Nc~ fo~ i')roiil Corporfllion Act ' A RT!CL___~_~ 8yia,,vs ,.,,ill be ad,opted at tim ,first meem',g of bylaws may be a:ncmded, r-pealed, in whole cr in paq, by l)ro:'id::d in /lie bylaws. Amy amendments to the b'.!aws shall bc .bin~.linL, n:~ all members of' Ibis corpc.~ation. ' 'FI~¢ annual m~¢[in;~ For fl:e ejection o£ members of ~he Board (:l' i)~ccJor~ slmll be hcld as may hc prodded m d~e Bylaws. The co~orar:on ma~ n~ovidc ~.~ i~s 2' '. .. for ~hc holding of additmna] rcm~]ar provable nmicc of aU such me~tm~s. - .._~., /LM'S ~XT~Mp2~_T T__Q .2,,R Ti'CL F.. _ Amcndmems to these Articles o£b]coq)orat:,on may be proposed by n ;'csah~tio~ adopted by dm Board of Dircc/ors and presented to a quo~znn of[he voin~g illCillHCl'~ Ibr their vote. Amendments may be adopted by a vol~ of al least :~ maiornv o1' ;1 quorum of' tim voting members oF the co~ora/ion. ARTICLE XIII ~'~_dk~_-. A~'_~JDDR~$S OF [NCOP~ORATOi( address of the {nco~ora~or ~s: .IOhl) E. A 'res Jr. ) , 1400 GulfShore B vd. Sre 2t8 Nnp cs Florida 34102 AG£NO~ IT.F~M No._~~ AUG - 5 Lg~l Pg-___._~_ I, tim u.ndcr$i~ed, bran§ Um incorporator of this corporation, ~i~ llm p ,l~sc t,'f f~'.~'~;~i,~g I]li5 l'lOt ,For prof'h corporation undc~ II?~.e Laws cf?;orida. I',avc c×cc~lcd !hcxc Arliclcs of' !nco~oration this _~__ day ,of .l~l~~ .... 190(~ STATE OF FLORIDA COUNTY OF COLLIE.it 2efbre me, a Notary Public duly aud~ofized m the state and coulltv to [~ke acknowledgments, personally appeared J0~' ~. x~ES, ~R~, to ,~c known Io be tl~e person described as inco¢orator in and who executed rim fi)t.cgoin, of'Incr)rl)or.ation' and he ac~cwledged before ;ne that he executed and st these Art~cles of Incorporation ' W/l~mss rny hand and official seal m the cotm~.' and state named almvc I ~s i~I'~'- d~yol ~kt:._/tr~2; ,~.., 1996 (Nolm.'y Seal) · \ , , , S~,.2namre o, Notary P~lblic X. ' ' --- (Prinl, I'y'pe or stan,,p co~nu~issioncd ri;nile NomE,: Public) Commission No: .'53 ).'.% '.} AGEN_OA WEJ~, AUG - § p~m'suance of C1',apter 48091. Florida Slat,Jles, the followin..u ~s ::~;bn~i~i,:;i tn~ with said Act: l:lr~fida. , with ~ts pnncipal o~ce,r= as mdic. a~cd ~n the A~iclcs of City of' ~qaples, Couniv of Collier, Slate of Fic. fida, has n~med John I::. /Xy~cs, .Ir ioca~ed a[ i'100 GuifSl~o/e Bird, Ste. 218, ~,.i~p es, Cour, ArC K NO Vv'LE DG EiV~E3q~ S ]la,,,il~B beei~ named to accepl service of process i-or corporation, capaci,~.', and a~ee said AGENDA ITEI~. I EXHIBIT C FINANCIAL STATEMENT AGENDA ITEM. AUG - 5 LqS? ?qonlhJ3 Budget Report I !97 /hro,,gh %'31/97 INFLOVCS F¢~, Adv.r(bin GukJ,~ G.~e Chm ~ACC NV8 T,'n ns ~(~a/iun OUT~LO~S 10TAL Admin Expenses Auh, Allo'~ a~ ct Office 5u pplic~ Payroll: S~lar~ TOTAL Pruf~n T~i.in~ & OVERALL TOTAL 1/1197 cd2 t r~:~7 Acma! 8udcc! DiFI I 300.00 1 ~S0O 00 000 0 O0 6,250,00 ~SO.O0 0 O0 75000 -750 ~X) 1"5 CO 250.00 20.000 O0 ; ;¢.CX;O O0 2.000 30 00O I jO0 FY3 -', 1,4,02946 1J.7.~0.CO -1.72054 0 GO 5,000.00 -S .C¢/J O0 416 O0 l ~.50.00 -~ 34 SOO 00 ? ,SC~.OO -2 .C,C~ C0 36.$?0 46 S2.?$0 CO ~25 18 ~34C~ 832 5,420 ;~d 5.416 O0 -: O0 6.2~5:8 6~50 00 4 82 ~08 50 1.0C,0.O0 89 [ 50 45 05 20900 153 95 23 J$ l,CO2, 00 976 52 1,653 54 OOO -i,653 54 h086 06 SOO.O0 --¢ 8606 0. r_.,0 1,00O.00 1 ,C00 00 1,46145 ~5.00 -~39.45 16,i39.12 ;8,750 DO 2,610.B8 7,~O3 5'7 20j7 $.00 2,T7 't .43 ~t 1.95 1,803 O0 000 625.0~ 62500 t.155 50 25000 -90550 0.00 4 l 6.C~0 4160/3 ;~ ~'~ ~'~ 32,125 CO 3,D52.17 8.307.63 20,62500 -12GI737 AG£H~DA iTF.,,M. AUG - 5 6/~7 Profi[ & Loss I,'! '97 Through Ca t¢ &or'y Description 1/ir97. I~;CO MIUEXPENS£ INCOME A,~r ~ction$ }mmok~ Ice Chamb NAAA TOTAL~COME EXPENSES Ia~rance D&O TOTAL S.la~ Staff TOTAL Pty~tl P~a~ & Ship Pr~f~lon Uncat~o~ed TOTAL TOTAL INCONIE/EXpENsE 5,420 ?,735.$7 i 9,722.a6 125 00 207~o0 O0 2 ] .954 ~3200 500.00 -14.$61.46 t.S 35 23 48 1.65J 54 .04606 21 ,a61 03 341.95 1,15550 0.0~ 32,0~0.29 12.781.17 AGENDA 13'EM AU$ - § 1m,q'/ pg. ~:>O~ t/~Xtl IBIT E MARKETING PLAN AND BUDGET AGE2,'DA ITEM -- AU$ - 5 i~Jjj~ ~ PROPOSED !998 ?,!,kRKE'£1'.~G PLAN Backgrour, d and F'p. st Re.';uits The o%oing efforts to promote 5iaplss as a holiday desti¢:ation have significandy increased tourism in the Naples area du::,ng d;e spring, summer and fall months. "i"h:,rleen properties, rcpreseming approximately 2,100 rooms, participate in monthly sur.,eys The resultsofthcse surveys show :}Pat occupancy i'br the second quarter increased from 64 8 percent :n 1995 to 72,7 percentin 199~.,third quarter occupancy rose from 579percent,u62 2 percent The most recent su;x'evs showed that occupancy during April held steady at 85 percent :May occupancy increased From ~8 percent in 1996 to 78 percent in 1997 More and more of'those visitors ,rome l'ro~-,] outside the United Slates During the second querier of 1995, international visitors accounted for !2 percent of ali visi ors m 1q96, that percentage increased to 18 8 percent Similary, the pcrcentage for thc third quarter increased from I7 percent in I995 to 19 percen~ in 19'96 The percentage fbr the entire year's visitors rose from i3 5percentin !995 to 17 5 percent in 1996 Thisissignificanlbecaus¢internat/onaltrave!ers, pa~icularly Europeans, tend to travel du~ing the summer, .~.nd their holidays tend to last longer than typical American vacations, adding additional funds to the iocaI economy - Durmv. 1996. the destruct:an pror::ot~onal e~,~¥~ ~zenerated 62,000 inquiries for information Durir,,._2 the first five months of i997. more rD, an 5.'I.,000 calls have been generated throuuh ma~azine and ne'.'.spaper ad',.'ertismtL media covera,,2,:: and other efforts to promote the toil-free telephone numbers ]'he Naples Area Accommodations Association has developed a Webshe that represents the tourism industry The %estofnaples" site address has been used in all adve,qising and represents a cost of approximately S lO0,000, paid for by the industry, and more than Sl50,O00 in on-line marketing. For the first five months of 1997, there ,.vasatotalof790,751 successful hits to this site, and 170,733 user sessions O ,nose 6265 percent were from theU$ while 7.83 percent ,.,,'ere international International trade shows were at,t-.reded in f-u!l force whh the Wot'Id Travel Market in London in November beginning the roundofshows Five hotetiers accompanied Visit Naples. lnc to London and more than 1,500 brochures weredistribu!¢d. At lTB in Germany, thedestinafion,s representative was accompanied by seven hoteliers and a restauranteur At both shows. representatives from Southwest Florida International Airport were present to assist both Collier County and Lee County; the destinations' booths ,,:,'ere in close proximity of each other to offer a cohesive presence for Southwest Florida Florida Huddle ,,vas attended by eight hoteliers with individual booties as well as the Seminole Indian Casino The destination representati,,e si:aced a booth for cost-e~ectN'e,~ess and. in a two da.,,' scl~edu e kept 40 appoinlmenIs Atll~ - Pg .~ Culminating this trade show series, :.he ,'Jes:inaIion, aiong with representatives oi"~.h¢ Lc,:'. Island Coast \"CB and Southwest FL3rida International Airport:, attended the Visit USA shov,,s m Argentina and Chile [nadditien, a press Odncdon was held in Buenos Aires where more than members ofth~ pre::,s and major tour operators were in attendance to learn about South,.v:st Florida and. m partic~lar. Naples A shGpp:r,~, guide war produced fcr the. .South,,ves~. Rc:~ion to, help sell thc destJn3tion to thc .~out}'l American market A $outhwesl Florida Tourism Panners pro?am has beth established to continue dialogue among tourism promotion organizations in $outhwes~ Florida including Marco Island. [,ce [:dand (;oas*,. Vigil Napies~ Southwest Florida ]nterna,,iona] AJrporl and CharioHeCount), !oint promoiional et~c,r~s will continue to sti'etch available dollars and create a combined etTort, to inc;'ease vishors durin~ the splint, summer and fail From 19~)4 throu~,h:, ]99~, advcnisinf3supported~hceZo,.ytocrea!canawa~-cncssofthe.,,,,aplcs at,nasa holidaydestinadon Jn 1997, the approach was converted from awareness to a motivationalcampai~ntovish :hedesm~a;ion Three di~ren~ ads wcrc developed ~i~h themes of eco-teurs~'en,.,ironmcnt,~olFand Familv/~')cach Ads were placed based on the audmnces reached b~ specific pub]~cations For the first time in 1997, cooperati,,e advertising, ventures with the Florida Tourism lnduslrv Marketing Corporation (FTL",[C) ,.',,'ere proposed, including placement in upscale ,.,,'omen's magazines in the spring, and four-color brochure ads and ad,,'e~orials in major Norlheastern daily newspapers in March. and in Florida daily' ne',vs?apers ~n April Newspaper and macazine advertising continued in the United Kingdom and Germany. and advertising was placed in upsca]e Argentine consumer maga. zines and Latin .American travel trade publications A "Family Fun Guide" brochure ,,,,'as produced to encoura,ze family vacations to Naples Family Fun ,,,,'as the focus of visits from several *``ravel writers duri~ blay: Representati,.'es of Family Fun, Family Life and Travel Weekly visited along with two highly respected freelance journalists and a representative of Des*,ination Florida, a leading travel ",',.-ebsite ]n June, Visit Naples. Inc hosted a press trip thai ,.'.'as organized by the Florida Tourism Industry Marketing Corporation and included representatp,'es of Recommend (a ma~azine tar_~eted at travel a2ents), Odyssey' (the magazine of the Chevron Motor Club), AA,z, Motorist, blecting News. Chicago Life and Midwest Today In summary, the greater Naples area tourism industry continues to produce measurable results in attracting seasonal visitors throughout the spring, summer and fall Bv combinin2 comrnun.tv se."vices and tourism effo~s under one umbrella, *,he coalition is stretc~int~ the available dollars without costly staffor overhead expenses Visit Naples, Inc unites Coili¥ County's hospitality. tourism, attractions, retaii and restaurant industries {n an effective partnership 1998 PROGR.-.XS! GO,.~ [.S AND OBJECTIVES While Collier County's tourist, tax coilcctions continue to increase..fiJnds available for destination pre, motion are li.'-c, ited when compared to competing destinations. Therefore, a primal' ~oa] of the promotional program fur .'_he destination is to use t;dnding as efi:eclively as possible P~, ~onductm,~ appropriate research, targeting specific audiences and imp!ernentlng proven strategies/Visit NapJe~. [nc is successr;ally conducting a to'~rism development effort that achieves measurable results. From 1994 through 1996, the program focused on creating an awareness of Naples as a 'vacation destination During 1997, the focus shifted somewhat from buildmg and enhancing awareness to emphasizing the man',,' reasons lo visit the ,Naples area This strategy '.','ill continue throughout 1998 The target audiences for the destmalion promotional ¢{f'or~ include "' Leisure travelers within the United States, especially those in Florida. the Northeast and the Mid',,,'esL ' ' · Leisure travelers from internauonal markets, primarily Germany, the United Kingdom and South America; and ' · Those influencing the travel decisions ofthes¢ consumers, ie Iravelagents, tour operators and the media. The overall goal of the destination promotional effort is to increase the number of visitors to the greater Naples area from ,".la',,' throuuh November, a period that is bein~ referred to as the "Vacation Season" ~ - We expect that activities such as those outlined in the following pages ',.viii produce continued grov,'th in both total room nights and total revenues during 1998 ' AGENDA Il'EM. AU6 - 5 L997 FROG RA,,~I DESCRIPTION ADVERTISING STRATEGIES The objectives of the 1998 advertising program are broadly defined as follows · Expand a,.va~eness ofthe Naples area, as a umqudy multi-dimensional destination with acm,'iHes and ir;~,eresis for eveo' visitor Increase total visitor lra.ffic during the \'Jcalion Season through targeted placement of ad,,'ertisin~ · Maintain and improve the area's e.xcellenl repeat visitalion rate · ' increase the duration ofstavs b;' more aggressi,.'elv selling all the area's manv recreational opportunities · Sustain awarenessot'the Naples area among US Irave[ agents and continue to educate this group about the wide variet,, of'vacation experiences o~'ered Visit Naples, Inc has a very strong ma~ketin~ commhtee in place representin~ the entire tc, urism industO' This marketin~ comrniuee has been holding brainstorming sessions aimed at defining Naples as a tour{st destination Wq'file hoteis continue to brin~ visitors to the area, retailers, attractions and others are working to keep visitors here for =xtended ~ta'vs by providing them with as many activities as possible The "Vacalion Season" was developed to replace the ne~ati,,'e connotation of'the phrase "ofT-season." " The three ads dave!aped in 1997 will cominue to be placed during i998 to maintain a continuin= message to the target markets The 1998 ad,.'er~isin< schedule '.','ill repeat placement in publications that produced the best results in 1997, to provide cc;~tinuitv and continued awareness of the destination In addition, a ne,.',, campaign ma,.' be ale',elope,5 targeting our traditional ,,'.,inter markets as potential summer v~itors A rene,.',ed focus on domestic tra~,ei, targeting major cities, is pan of the overall plan being pursued by VisitNapIes. Inc This would include radio promotions, advemising, travel agent familiarization tours, sales missions and press receptions Cooperative advertising ventures ,.,.'ill be pursued through the Florida Tourism industry ,Marketin~ Corporat on, as ,.,,'ell as through joint programs with ),larco Island and Ihe Southwest Florida Tourism Panners Group. continuing to stretch our doi!ars '.~,henever passible AGENDA ITEM AUG - 5 L997 PUBLIC RELATIONS STRATEGIES Mcdi.~ Relations The 1998 media relations e['fo~ for Visit Naples. lac '.'.'ill promote tourism te :'~ap,es during the Vacaiion Season thrc~h media exposure in lac.gated r':gioas and demographic mar!,:.".ts Specific act;vities shall i:ictude ",Vork ,'.'ilk, qualified freelance journalists and domc,,tic and Internali,:,nai !ravel media rcpre~..enlati,.'es :o deterrnine cdi;oria] (-l:,po~tn cs. to develop s:or'y ideas and !o encourage travel writer ~.isi[s tha,~ result tn media e.'(posure Design itir,cra,-ies :hal best showcase Naples and ;Is ranse ofre'zreational acti'.-ities. ,&-ranL4e interviews, meetings and accommcda:iem., hast writers, and handle follow-up activities for · ..vriters contacted pro]cfively, those ~ho comact V~s~t Naples, lac directly, and al]ese referred by the FTIMC ~r other sources Coordinate joint media pre, motions v.'i:h ':he FIc~rid~ Touris~n ]ndust~/Marketimz Corporation. the Lee Island Coast Visitors and ConvemJon ,Bureau and the .Marco island and Th~ Eve~elades Convention and Visitors Bureau zo enc'our~:~e regional tra'~ei stories and take advama~e of journalists ,.,,,hiie they're in Southwest Florida Plan and host a minimum of two media tours [o New 'fork City to meet one-on-one with editors, writers and broadcasters for the purpose of promoting Naples to their readerships and audiences Respond quickly and creativeiy to all media inquiries and requests Determine editor/at oppor'tunmes in publications '.','here adveaisin~ is scheduled lo extend visibiiiry on Naples and to maximize the value of advertising dollars spent. Wr to, produce and distribute an on~zoin~, sertes of news releases announcing it;formation pertinent to Ihe nationaI and international travel media and its audiences. Write, update and maintain a supply' of press kits to be distributed to journalists as needed. Maintain and replenish a library 0f35 mm color slides, statable for publication in magazines, newspapers and travel guides Dc',,e!op and distribute press kits and other ma~.erialstosuppor'~tradeshowpancpation. When poss b e, schedule appointments with sdec~ed media reprcsemafive: in conjt ~~J¢ shows AG[~D~ IT[M ~,g.~6,~ Community Relations Visit Naples, [nc. will alert the Nap!cs community to partnership anti publicity opportunities, and continue to buil:J support, for the county's tourism development effort; threu~,h Dub!icationoftheV~sitMa,-,~s Inc ne',~'sletter, distributed to 3.0O0 community leaders and tourism-rein, ted businesses. submissier, of biweekly coiumr~$ to the Naples Daily News business sectior~ :o provide con!inuailv updated cnv,:ra,.Qe oftot.:rism ~ssue5, trends and news and; · presentation o.r the tourism de,.,¢iopmer~r prngram to local businesses and cc, mmunity groups such as d'~e Florida Restauram .Assoc~al}on, .C;outh',.wesl F!orida Auract~ons ,~,sso,sation, and area chambers cfi commerce COLL,\TER.\ [. 5[A'.rE RL.k L$ The :Jestinafion guide, 'which has been ~sed since 1994, wi!l be updated, expanded and reprinted in German, English and Spanish w/th updated hotel listings, environmental adventures, shoppin~ and attractions information and a map before the end of' 199'7 A smaller rack brochure, which ha'~ been a successful tool fer meeting planners and tra'.'cl agents, may be revised and reprinted for distribution at trade shows, for incentive group requests and as a respcnse to other appropriate inquiries The photo libra~, main:ained for journalists, is being expap, ded so that photography can be su?plied to tour operators '.,,'ho ?ublish cara!ogues Iha~ include Naples as a destination Letterhead, envelopes and mailing materials ~catLtrJng the "Naples. Florida. It's simply charming' logo will be reprinted as necessaO. Banners have been developed l'or use by Visit Naples, Inc. representaIives and individual properties at trade shows These materials, which effectively create a presence for the dest nation, will continue to be used; new materials will be developed if necessar,. In add t on, other promo:ional items, such as lore bags for travel agents, will be purchased and distributed as appropriate AGF_J~;D A ITEM %/.2_3) AUG - 5 t997 Tlth-\ VEl.. AGENT R£LATiONS While reco£nizing the impact and potenlia} of lravel agents in mcreasin~z tourism during the Vacation Season, Visit Naples, [nc is continuing to work with this important ~ro-up in organizing both individual, faro t~ps and group fares A ~roup ofagcn,~s from AAA S~uth who visited our area in April will help to stimulate business ddr~g the Vacatioe Season for intrastate tray.si The FTIMC has d~veleped a Destination C¢,qification P~,~gram in which Naples ~ilt pamc]pa'~e Visit Napes inc wilihos~a~ents who have --~- c". · , , suc~_~s,u~,:, cott¥:le~ed this oro~ra~z as qua}~ed sellers of ~o~rism to Florida On I.h¢ internatio~al l?onr, a German faro trio is scheduled for ~ct,:bcr join:l.,,' sponsored by ~h¢ Lee ,.,.ar d Coast, the great,~.r Naples Area and .Malco ~sland In !998, ,ye will v,'ork to increase the number of fal,filianzadon raps organized for quaiified travel a~tnls from !argeted markets These ~r os provide the oppomJnity ~or agents to e.xpe~ience Naples firs>hand and, therefore, sel~ the destination more effectively A formal destination presentation has bee~ d(ve}oped as a scics a~d educ;tio~al tool for ~rave~ a~ents when vishin~ TN..\ ',.'F I T RA i) E S1 t O \rS In 1997. :he greater Naples area ',,,'as represented at four trade shows, bo~h domesticalJv and inteFnationally. Cooperative etTorxs bet'.,,'een Southwest Florida Internat ona! Airport and Naples area propertes, attractions and restaurants, the Lee Isiand Coas~ and V}sitNaples, lnc were offered asa way of providing greater representation and visibility for the destination. The proposed 1998 Trade Show Schedule focuses on the markets that continue to grow in numbers for thedesti~atior, as w¢lI as on the erner~zin< markets for the ~reater Naples area. World Travel .Marke~ in London ITB ia Germany and the 'v'i';i~ USA shov.,s in .,-Ugentiaa and Chile ' Wh, remain the show schedule Additionally. press t~,.~nctions ,.viJl be considered at ali venues asameansof reaching an even broader market interr~a:iona}iy Some domestic shows, to include Florida Huddle, wili be attended based on tg¢ markets targeted Januao,' 22-24 Proposed 1998 Trade Show Schedule Florida Huddle March 8- ] 2 ITr3 (Beriin. German',,,,) ,"40 v(::T;be r Visit US4 (.-\rgenfina and Chile) V,'orld Travel :v'arket (Lc, ndon England) AU6 - 5 1997 Pg .... ~'), FULFlrLL,'MENT PROGRA,Xl STRATEGIES .,\ highly professional and coordinated ,5.Hfiilment program is critically important to the destination promotion program Througi~the Naples AreaChambcrofComrnerce. eachinqurygeneraledbvthe marketing program is handled professionaHy, efficiently and conscientiously Th¢chambcr's fi~lfillment program, delailedina separate proposalapplica on. includesatoll-fleete!ephonesystem with multiple domestic and international lines Potential visitors can call toil-free from Noah Amerca. tbeUnited Kingdom and Germany The system, is:,taffedby, trained and qua!ified Collier County residents who respond to all inquiries with accurate and updated information The comprehensive destinalton guide is mailed to each inquiry within 48 hours of the initial phone call and a data base is maintained :o track all inquiries Visit ,Naples, lac works closely with :hr.. Naples ,,\rea Chamber oFCammercc to contmue and enhance the destinat~o:: fl~2511men[ prosram for the greate~ N~ples area lit PROGR:\:",[ EV.kI_ UATION 199'7. a mo~e fora,a; research sy*!cm '.,.'ill i:)e established to moab,';: fl~e results or,he d?stmationpromotioneti'on Research can provide thedemoeraphicda,,a basene-z, dedto refine pro,rams through ,.*s:tor :r:rer'.'ie,,~,s and the collection of data on the number and source of mqmries, bookings and points ofori24in Sta:~stics provided bv the Florida Tourism Indust~' .\larketinE Corporation aJso will be used as a resource Press Clipping Set'vice Visit Naples, [nc uses a clipping service to monitor both domestic and limited international press co','era,ae that results from its efforts 'FDC Controls Visit Naples, [nc ,.',.'ill continue to provide the Tourist Development Council v.'i~h status repons on all facets of the promotional program and ',',ill work closely' with the ]'DC to ensure that all efforts are consistent with other TDC programs as they are developed Financial Controls Visit Naples, Inc also will provide budget update summaries to the count,,' budget office ona monthly basis Aderailed I998 marketing budget is included in this proposal AUG - 5 1997 Pg._._._~ BUDGETARY CONSIDERATIONS Tourist Development Council Funding Request Based on collections Oom Novembcr !990 through November 1991, it is estimated tha~ Naples area properties cont~ibote approximately 64 percem oflhe ~ouris~ ~axes collected in Col~ier County V~sit Naples, lnc requests tha~ 60 oe:~ccnt of thc funds earrnarked for promo'.ion con:]hue to be allocated to the grea~er Naples area pro,ram as outlined in th~s proposal Amount r,',,ailablc i'ar 1998 gr'.anls per the Collier Count'/B,.~dget Office. 51~092,000 G~eater Naples area (60 ?croon:) Promotior, and marketing Fulfiilmem 580,200 75,000 '¢9 6~.,, ~00 Marco Island and The Everglade: Convention and Visitor Bureau (40 percent) Tourism IndustO. [n-]<ind Contributions Through member orgamzations, in-kind contributions of approximately 5500,000 m complimentarx. rooms, food and beverages, professional services and program-related'expenses are being provide~l to the Tourist Development Council's program on an annual basis. In addition, a .Mana&n~ Director has been hired by member organizations to provide a point-of-contact for the industry an~ Ic~'coordinate and communicate the efforts of the bureau. This individual's sala.D, is ~nded privately by the Naples Area ,Accommodations Associa ion, the Naples Visitors' Bureau, the Collier County Restaurant Association and area attractions By taking advamagc of:he private sector's buying and negotiating power, the tour:sm industry has become partners in coogera~ive eht ~,o with a rlineq tour operators and other industW organizations in destination marketing efib,-'ts The partnership with the Florida Tourism lndustrv Marketing Corporation will be used to the fullest extenI possible, providing the opportunity to; showcase the Naples area, while partnering effectively with other members of the Florida tourism industry. SUMM..*RY in selecting the recipient of the tourist tax revent:es for the marketing of the greater Naples area. we would appreciate your consideration of'the four years of the coaiition's activities, mcludintz a documented, positive track record: long-standing travel industry contacts, both domestic a'nd international; significant in-kind contributions and buying power; Focused research ~ the results- oriented approach offered by the members of Visit Naples, Inc. AUG - 5 1997 1998 PROGRA~i BUDGET 1998 BED TAX ALLOCATION: Advertising media piacement Ptofessional Public Relation.. Services incl. des strotegtc flio,.m ng, facUitanng morkenr, g plons. dertTm;?g promotloncd motertal~' o~d prcgra.ms, and Production ;r, ch~de.~ gte,nArc o'est].'n or,d la'tout ;e~',ccs ~i~o'e rcprod~:c,'mr, s rex: tt~,~si~ne~ a~d Dhotogr~plLv Collateral Nlatcria~s Media Relations tncl:tde$ photocopies, nuieage, ne~ s release ~rod. c,'to~ Travel Agent Relatiov~ ExF~nse~ .famtliarizanoc e.rRe~ses Trade Show Ex.rises includes booth regtstranon, suflp/iex and trowel expenses Collaborative Effo~s w/Marco Island & ~e Everglades CVB mchtdex fonuliarlztmon tmp;. trade sho~s andjoint ~.'crt~smg PROG~M EVALUATION' Market Research mchtde~ collecting end oxxcmhling occtzRonQ, and v'lx~lor Clipping geico 50,000 $580,20~3 250,000 123,000 14,20o 10,000 20,000 35,000 25.000 15,000 2,500 ADMINISTRATION Accounting Services Insurance Administrative Costs lnclt~ie$ po$1c~e, tu/cfiht'.~e e.rpcnses, nn/cogc. SltbSCri,otlons TOTAL I2,000 7.500 16.000 AUG - 5 Lq.q7 PJ.~ Attachments - ",York Product Samples Trade Shows · E~oc, th set-up · [:'act Sheet · $cmth,4'est F!orida Shoppin~ O,Adc South;vest Florida Tourism Partners · Brochure_ was produced for distribution at Po',* v'~'ow trade show at no cost to Collier Com:ty Sample p rint advertisemcnI.~ Golf ad from May 1997 Golf Digest Beach ad from Aprib%'fay 1997 Getaways Ecctoumsm ads from Marcia-April 1997 Essentially America and Janua%~' 1997 Geo Southeast Tourism Society. Spring 1997 newspaper insert M/ami Herald Discover the Gulf advert/sing section Family Fun Guide Visit Naples, Inc. Sprm./Summer 1997 N ~ 'ewsletter Representative Press Coverage · Grand Rapids Press travel feature, January 12, 1997 · Bordo Circuito travel feature, November-December 1996 · Collection of coverage resulting from cell phone news release · Naples Daily News, May 8, !997 AGENDA/'rEM. AUG - 5 j-c/ . E X EC UT lIVE $ U M51A RY APPROVE FUNDING NA'VI(;ATJONAI. A;D$ iN Y'VIGG)NS AND CAXAblBAS PASSES $5,00~, MONITORING MARCO ~.~NB fi~ACE~ RENOURtStlMENT PROJE~ $ I 10,~35, MA~TENA NCE DP~ISDG[NG OF '~ ~(751 NS PASS $ :40,550, MA~N'FENANCE DREDGING OF SOUTB CtlANNEI. AN D WATER TUR~ZV }lAY $665,115, POST CONS'FRUCi'iO~ ~AiNTENANCE NEEDS FOR BEACH RENOUBISHNIENT PRO,IE(~ $2g3~3S2, .~.N D BEACH FUNDS. 5;5,000, ;non~teidu~ b.$arcc, I.qt~.r-~d l'~each :':~,,>u~ ;sbmen: projecl ~ i ! 0,935, m~.intenznc~ project ~283,331. aa~ beach c~ea,,in¢ eq~,q,ruc:~, ~164.565. Category A Devdopmem CONSIDERATIONS: I~e City,'Ceu,~ty }?,c:<h Rem-.u,'Sahment Con~n~i2ee reviewed the a~zch~ appi~cat/on~ and recommendcd aF;provai ,vith one ckange on ~he [,c2ch ~enounshment ma;ntena:~ce appl cat}on h was re~)mmcndcd tkat the clan shell s~npling line item be i0cluded as a couiiugency Card only utilized upon specific Beard authori~tion. At the .July 2i, !997 meeting hhe Tourist Developmen: Council unanimously recommended approval of a.ll applications and concurred wi~ bhe Beach Committee recommendation regarding the beach mair~tenmqce application FISCAL!MPAC-I' Su!licicnt £:mds arc available ir: Fund 195, TouristDevelcpment Category A reserves~ A budget v..:nc-ndment is required GI~,OSVT't! MANAGKMENT i,MP,kffr None RECOMMENDATION: A?p ave funding six grar:: applica!iops to,Ming $1,669,547 Tourist Development Category A ,Bnds 3nd approve necezs~y budg~ amendm~. Review=dby:_?~'~-'~'~~; 5~-'~'5--~ ........ [)alt ~30/"5' T Michael Szr, vkt)wski ~, r AUG - 5 t997 NA TURA L Ro,..~.. O UR C.~..T MA ?,IA GF_.A4~Y,,T 7.15 S Tt! S I"P..F~T $ O UTII, IVA P/I.E~, Ff..1,~102 FAX NO. TO: Boazd of. Co.,n=y,.o,,~r"- :ssioners, Co].iier County FP. OM: Beach Renccrizl=',ent/Maintenance Co.ms_tree THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renourishment and P~ss Maintenance Funding Reqluest Reco~umendat ion The aLtache~ request for '£DC Cateqory A funding, submitted by_the Colliur County Boatu. off County . _omm_.o ion~r s : to be used for_maintenance of aids to na'.igation in Wiggins and Caxa;~as_Fasses : is recommended to be: X Approued as submitted. Approved with the following changes: Deferred to: __ Disapproved. Comments: JC$/TOCFO~R, W~# Date Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Renourishment and Pass Maintenance renourishment, restoration and erosion control, including pass and inlet raalntcnznce) Complcted applications shal! be submitted to thc fo!lowing address. Administrator Co;lief County Tourist Development Councii County Manager's Office. 3301 East Tamiami trail Naples, FL 34112 Name and Address ofApplicnnt Or£~nizstion: Collier County Board of Count..., Commi.ssioners 3301 Tan, ami Trail ['last Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber Project Manager III 774-8192 Organization's Chief Official and Title: Commissioner Timothy L. Hancock. AICP Chairman Board of County Commissioners EXHIBIT A Brief Project Description: Maintain Aids to Navigation in Wiggins Pass and Caxambas Pass~ including the Breakwater during FY 97/911. Estimated project slart date: Q_q3_.Q_b.~rI__.__L997 Estimated project duration: g)~n¢ CI] yea[ Total amount requested: L5,000,90 AGENDA ITEM No. tg~fl_~ AUG - 5 1997 Collier County Tourist Development Council Grant Application Page 2 11. 12. 10. If Ibc full amount requested c,nnot be ~'warded, can the program/project be restructured to "ccommodate a smaller award? Yes .... No __~X___ Identify the goals znd objectives for the pruject: Th~ ~.o. Coasl Guard requires that Aids lo Navigation be mainta ned in particular the warning lights on the Marco breakwaters must be kept illuminated. The Ca,lief Couniy NaturaJ Resources Depar:menl is charged with mainlaining the private Aids to Navigation. The purpose of this applicatior: is to obtain funds to perform the necessary maintenance on Aids to Navigalion in Wiggins Pass and Caxambas Pass. (b) Describe what benefits will be received fror/~ (he project: (a) The program is necessary to insure lhe safety oflhe boa~ihg community traversing the County maintained inlets. The program is necessary to insure that the warning lights on the new breakwaters at Marco Island are kept illuminated to prevent accidents. Describe how the effectiveness of tile project will be evaluated: Discrepancies in Aids to Navigation are reported to the Natural Resources Department by the U.S. Coast Guard All reports are a available for review. ' Describe how the project enhances existing County Tourist Development programs: Hundreds of tourists visit Collier County each year by boat. Thousands more participate in water bourn activities while f_h~, are here. Proper maintenance of the Aids to Navigation will he safe passage through the inlets. p instu~,10A ITEM AU(; - 5 1997 Collier County Tourist Development Council Grant Application Page 3 13. Describe how Financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier county and will be administered by a project manager in the Natural Resources Department. The basis of the project budget consis:s of Equipment Costs associated with performance of :he maint:nance ac:ivitics The total amount of the proposed budget is $5,000. Please cornplete the following questions and provide additional information, if necessary: Does the proposed e;~penditure further ,'he objeciives outlined in the Mis,~ion St~temenl Yes. Boa~i.~g and r~lated activities are ~: major tourisl attraction in Florida. Maintainir, g ~h: Aids te Navigation will make thc experience safer and more enjoyable. Does the proposed e×pendlture fairly distribute monies to diFi'eren~ geogr, phic *re~s o.r the Count)' Yes. This project is a county-wide pro.gram. Does the proposed expenditure promote environmen~zl awareness and understanding and does the proposed projeci address environmental considerations? Yes. Environmental issues and considerations are a major component of the project design, properly marked channels keep boaters from going aground and destroying sensitive bottom communities. Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes. This projec: has been funded in the past throu__gt~' maintenance. AGENDA GEM AUG - 5 1997 Collier County Tourist Development Council Grant Application Page 4 Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes. Pass maintenance and management is required by the FDEP. Will the proposed project co~tribule significantly to the progress of the beach restoration projects? 'Will the project decrease the l~,ca] cost share of ~tn overall beach restoration prujcct, either by decreasing :he total project cost or by increasing the local/non-local ratio? Yes. El'forts on ;.his project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration project. Will the project improve understanding of alternative technologies that may conlrlbute to a cost-effective beach restoration project? Is there a potential for an alternative/matching funding source? No¸ Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action." Yes. '['he criteria for design of this project provides for compliance with provisions in the Growth Management Plan. Has the project been reviewed and recommended hy the Beach Renourishment/bl~intenance Advisory Comrhittce? - [¥ /,GENDA, I,'rE Yes. This application wilt be considered by the ~egl:n . - ¢ . Renourishment/Maintenance Committee at their re larl~°'~5'---t~ )' scheduled meetin8. / AUG - 5 ~97 Collier County Tourist Developoment Council Grant Application PaSe 5 I have read the Beach Renourishment and P~as Guidc!ines and criteria and agree thzt/t'~y orgar, ifa~,.~n will c,~,mply with all ~uideline~ and criteria. Sign~a:e 8~zation's~h~e~f'fi cial or *Director ef Office of Cap,tat Projects Management authorized to sign Category "ATM applications or, behalf o¢ the Chairman of' the Board of Courtly Commissioners. Approved by ~oard oFCounty Commissioners on August 24, 1993 Agenda ~tcm 16 (H) ~'~ AGENDA ITEM AUB - ,5 Pg. q .__ Collier County Tourist development Council Grant Applic~.tion Page 6 AIDS TO NAVIGATION MAINTENANCE PROGRAM B__C T l ¥! T__~2 Equipment Costs I. Signage ~2000.00 2. Batteric.~ 52000.00 'FOTAL $S000.00 HEH/Ih/6771 AGENDA AUG - 5 1997 I'0: Board of County Comm!ssioner~, {ioll',.,.e~.- County }-ROM: Beach Rer~ourishn, ent/Naint:enance Co~.~nittee THROUGM: Collier County Tourlzt Development Council SUBJECT: Beach Renourisbment and Pass Maintenance Funding Request Recomm¢ nda tion The attached request for TDC Category A funding, submitted by_the Collier County Board of County Co~mmissioners : to be used for_annual monitoring services for the Marco Island Beach Renourisb~ment Project : is recommended to be: X Approved as submitted. ___ Approved with the following changes: Deferred to: Disapproved. Comments: ~-~hard Lye[on, ~airman~ . No._ ~ E (+) I Date 2 7 Jut: AU[; - 5 1997 Pg,_. ~ Collier County Tourist Development Ccuncil GRANT APPLICATION Bec, ch R~neuclshn:ent ,*cd Pass M,~inteaance (Beach Rcnourishmenr ae.d P~.~ Maintenance renouri.~hment, restoration and erosion control, inc!uding pass t~nd inlet maintenance) Completed applicatic, ns ,.hall be submitted :o The following address: 2o Administrator . ColJJ.'.r County Tcurist Development Council CounW Manage;"~ Of Ece 330] East Tamiami trail Naples, FL 34~12 Name and Address of Applicant Org~nizztion: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL, 34112 Contact Person, Title and Phone Number: Harry H~ber Project Manager 774-8192 Organization's Chief Offici.I and Title: Commissioner Timothy L. Hancock, AICP Chairman Board of County Commissioners Brief Project Description: Annual Monitoring Services for the Marco Island Beaah Renoutishment Project Estimated project start d,~te: Se~!e_.m_b.~r 1997 Estimated project duration: _One (1) yea[. Total amount requested: ~]!0,935,.00 AGENDA ITEM No, ,~ {- /q" AUG - 5 1997 pg._ ./'(~' Collier Courtly Tourist Development Council Gr&r,t Applic=tion Page 2 lr the full amount requested canr:.ot be awarded, can the program/project be restructured to accon]modate ~ sm..ller award? Yes ~__ No __,'(... 10. 11. ldenlify the go''l~ ,,nd ,3b.iec'.tves for thc project: The project consisls of those prci'essional services necessary to' a) Perform post-construction monitoring as required by special condition,:, contained in the construction permits. b) Provide design and permit coordination related to various maintenance activities within the project limits. Describe what benefits will be received from the project: The information and data provided by these services will be used to evaluate ',he performance of the Beach Restoration Project and enable proper planning for maintenance activities. Describe how the effectiveness of the project will be evaluated: Results of the monitoring services will be presented in report form to the permitting ,~gencies and the Marco Island Beach Renourishment Advisory Committee ,"or review and recommendations as to future activities necessary to maintv, in the integrity of the Beach Restoration Project. 12. Describe how the project enh.nces existing County Tourist Development programs: Proper maintenance of the Beach Restoration Project will help to ensure the viability of the area's major tourist attraction. I3. Describe how fiJianci~l resources will be monitored: The project budget will be managed through the existing finsncial and management structure of Collier County and wiil be adrhinistered by ~ project manager in the Office of Capital Projects Man~gm~.,~ AGENDA ITEM No. AUG - 5 1997 1/ Collier County Tourist Dcv¢lop~*~ent Council Gr~nt Application Page 4 Will the project decrezsc the lo~l :o~t share of an overall beach restoration project, either by d,'.cret$ing the tot,I project cost or by increasing the local/non-local ra:io? Yes ( ) t,ro(X) 'Vill the project improv.e understanding of alternative lect. r~ologie; that m~y contribute to ti co.,t-ef~ectis, e be~ch re.~torltion project? Yes(X) ?go ( ) Is there a potent/a/ for an zl,'ern~tive/matching funding ~ou,"ce? Yes ( ) No ( X ) If "Yes", please identify I,i ~.he project consistent with the Collier County Growth M~nagement Plan and/or ;tandi,g Board of County Commission ~ction? Yes ( X ) No ( ) Has the project been reviewed and recommended by the Beach Rer, ourishment/Maintenance Adviiory Committee? Yes. Thi.~ appiicalion will be considered by '.he Beach Renourishment/Maintenaace Committee at their regularly Scheduled meeting. Their recommendation will be forwarded under separate cover. AGENDA ITEM AU6 - 5 ~997 Collier County Tourist Development Council Grant Application Page 5 I have read the Beach Renourishment And Pass Guidelines and criteria and ~nd cfi:ergs. agree that my org~,nizltioa wiU,com~ly with all guidelin,s "Director of Office of Capital Projec~,~. Management authorized to sign Category "ATM applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, :993, Agenda Item 16 (H) (2). HEHIIh/I 1477 AC,~.5 <DA {]'EM r,o.. ~__C (.4 L_ Colli: r Coun.~y Tourist Development CounciJ Grant Applic~,tion Page 6 ;~^Rco :SL^h'D ~3£,~.Cn RENOUR:~SnMEN'r A~'VIT_Y_ 1. Assist Owner Relative to Agency Required Permit Stipulations. a. Aerial Photographs b. Beach and Offshore Profiles c. Shoal Maps d Monitoring Assessment Report Preparation, Compilation and Printing f Administration 2. Provide Owner Authorized Additional .Services a Design and Coordination of'Maintenance Activities 3. Contingency (I0%) TOTAL $10,200.00 $48,9:50.00 $ 3,000.00 $16,300.00 $ 1,500.00 $ 1,700.00 $19,200.00 $10,085.00 $110,935.00 J AUG-5 BT/~ t kg.__ - TO: Board of Cou:]ty Co~is,sicn~r~ -ol~ier County FROM: Beach 9enourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach RenourisS~ent and Pass Maintenance Funding Re.:est Recomm, endation The attached request for TDC Category A funding, submitted by_the Collier County Board of County Commissioners to be used for_maintenance dredging of Wiggins Pass is recommended to be: X A~Dproved as submitted. ~ Approved with the following changes: Deferred to: Disapproved. Co~ents: Date 27 June 199'7 AGENDA ITEM AU6 - 5 ~7 Collier County Tourist Development Council GRANT AP?I,ICAI'IGN Beach Renourishment a~d P~,s~ M;intenanc¢ (Beach Renouri~;hmeni' and Pass Mainlcn~nce rcnourishmcnt, re~tor~tion and cro,ion control, including p~ss and inlet maintenance) Cumplc~cd applications s~Ml bc ~ubmittc~ to H~: following address- Administrator Collier County Tourist Dcvelopmcnl Council Counzy Manager's Office 3301 East Tam/ami trail Naples. FL 34112 · nd Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 2. Contact Person, Title and Phone Number: Harry Hubcr Project Manager 774-8192 Organization's Chief Official and Title: Commissioner Timothy L. Hancock, AICP Chairman Board of County Commissioners Brief Project Description: Maintenance Dredging of Wiggins Pass Estimated project start date: Estimated project duration: Four~(~ Total amount requested: _ 5440 550.00 AGENDA IT£M AUG - 5 Pg. Collier County Tourist Development Council Grant Application Page 2 I0. If the full amount requested cannot be awarded, can the program/project be restructured te accommedate a smaller award? Yes ~_ No ~ ~de. ntify the gosl~ ~ad objectives for the project: The W~ggins Pass ~nlet Management Plan recommends a dredgin~ plan ~hat improves ~he navigability ~nd boater s~fety within the Wiggins Pass Basin. A component of the pl~n is to maintain ~ minimum operaHng depth in the channel of- 8 feet MLW (-9 feet NGVD) with ~ m~inten~nce dredging program scheduled at two -year intervals. The mos~ recent dredging activity at this location occurred in November, 1995. (See attached plan for project location) The purpose of this application is to obtain funds for the construction activities associated with the maintenance dredging of Wiggins Pass. Describe what benefits will be received from the project: The project is consistent with and will implement recommendations in the Wiggins Pass Inlet Management Plan. In addition, it will provide improved navigability and boater safety within the Wiggins Pass basin. 11. Describe how the effectiveness ofthe project will be evaluated: Monitoring required by the permitting agencies will enable the effectiveness of the project to be evaluated as well as provide an indication when future improvements will be necessary. 12. Describe how the project enhances existing County Tourist Development programs: This project provides improvements recommended in the Wiggins Pass Inlet Management Plan which is an integral component of the County Tourist Development program. AGENDA ITEM ~o.,. ~; ~4) AUG - 5 Collier County Touris: Development Council Grant Applica:ion Page 3 13. 14. Describe bow financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and wi!l be ~dministered by a project manager in the Office of Capital Projects M~nagement. The basis of the project budget i:onsists of construction costs associated with the project. The total arr~ount of the proposed budget is Please complete the following questions and provide ~dditional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement7 Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? · Yes(X) No( ) Is the proposed Project required by a regulatory agency as ,, condition for approval/funding the Collier County beach restoration projects? Yes(X) No( ) Collier County Tourist Developmenl Council Grant Application Page 4 Will the proposed project contribute significantly to the prosres~ of the be~ch restoration projects? Yes(X) No( ) Will the project decrease .the local cost share of an overall beach restoration project, either by dec,easing the 10111 project cost or by increasing the local/non-local ratio? Ye~ ( ) No(X) Will the project improve understaading of ~te~ative technologies that may contribute to a cost-effective hence restoration project? Yes(X) No( ) Is there a potential for an alternativ~matc~isg Yes( ) No(X) If "Yes", please identify Is the project consistent with the Collier County Management PJan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Beach Renourishment~{aintcnance Adviso~ Committee? Yes. This application will be c~nsidercd bytheBeach Renourishment/~aintenance Committee at their regularly scheduled meeting. Their recommendation will be fo~arded under separate cover. Collier County Tourist Development Council Grant Application I h,'ve read the Beach Renouri~.hment and Pass Guidelines and criteria and agree t hat m/~~.~W~ply with all guidelines and criteria. S,gn.ture of Or/g.Sz. ation,, ~r~-,~Official or Perigee. -- - ~irector of O~ce of C~pit~i Ptoject~ Management authorized to riga Category "A' ~pplic~tion~ on behalf of the Chairman of the Board of County Commissioners. Approved by Board afCounty Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ih/11355 AGENDA ITEM No. ,~ ~'~,4)_ AU6 - 5 ~997 Collier County Tourist Development Council Grant Application Page 6 ~ROJECT BUDGE_~ Wiiglns Pazs Maintenance Dredging 1. Mobilization & Demobilization 2. Dredge & Fill 3. Beach Tilling 4. 10% Contingency Subtotal TOTAL $100,000.00 295,500.00 5,000.00 $400,500.00 40,050.00 $440,550.00 ~~--~ County Tourist Development Council · ~ent Application Page ? AUG - 5 BB? FAX ~@. TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach RenourisP~ent and Pass Maintenance Funding Request Reconunendation The attached request for TDC Category A funding, submitted by_the Collier County Board of County Commissioners : to be used for_maintenance dredging of South Channel & Water Turkey Bay_. : is recommended to be: __X__ Approved as submitted. Approved with the following changes: Deferred to: ~ Disapproved. Comments: Date 27 June r~-~,u- , , IAU$ - 5 l~J? Collier County TouriJt Dev*lopment Council GRANT APPLICATION Beach Renourlshment and Pass Maint:nance (Beach Rcnourishment and Pass Maintenance rcnourishment, restoration end erosion control, incl~ading pass and it;let maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami trail Naples, FL 34112 2o Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Hubcr F~oj¢ct Manager II1 774-8192 Organization's Chief Official and Title: Commissioner Timothy L. Hancock, AICP Chairman Board of County Commissioners 4o Brief Project Description: Maintenance Dredging of South Channel and Water Turkey Bay Estimated project start date:~ Estimated project duration: Four (4) mont_tL~ Total amount requested: $665~115,0~0 AUG - 5 t997 Collier County Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the prOgram/project be restructnred to accommodate a smaller award? Yes __ No ____~., _ Identify the goal~ and objectives for the project: The Wiggins Pass Inlet Management Plan recommends a dredging plan that improves the navigability and boater safety within the Wiggins Pass Basin. A component of the plan is the long-term objective of improving interior navigation. ThePlan states that the channel that extends from the Gulf opening of the pass to the south needs improvement. The south channel extends through Water Turkey Bay to Vanderbilt Lagoon. (See attached plans for proposed project location) The purpose of this application is to obtain funds for the construction activities associated with the maintenance dredging of the South Channel and Water Turkey Bay. I0. Describe what benefits will be received from the project: The project is consistent with and will implement recommendations in the Wiggins Pass Inlet Management Plan. In addition, it will provide improved navigability and boater safety within the Wiggins Pass basin, improve flushing of the back bay areas south of the pass, and provide some measure of safety for the manatee which periodically traverse the estuarine waters adjacent to the pass. II. Describe how the effectiveness of the project will be evaluated: Monitoring required by the permitting agencies will enable the effectiveness of the project.to be evaluated as well as provide an indication when future improvements will be necessary. 12. Describe how the project enhances existing County Tourist Development programs: This project provides improvements recommended in the V~iggin~G£NDA ITEM Pass Inlet Management Plan which' is an integral componen[ of ~ ¢' £ ~,~ county Tourist Development program. '"t AUS § kq~? Collier County Tourist Development Council Grant Application Page 3 13. Describe bow financial resources will be mort!toted: The project budget Will be managed through the existing financial and managemen! structure of Collier Count), and will be administered by a project manager in the O/lice of Capital Projects Management. The basis of the project budget consists of construction co.,ts associated with the project. The total amount of the proposed budget is $665 115.00,_ Ii. Please complete the following questions and provide additional information, if necessary: * Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes(X.) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) No ~ Collier County Tourist Development Council Grant Application Page 4 Will the proposed project contribute ~igniHcantly to the progress of the beach restoration projects? Ye,( ) No(x) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No ( X ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project7 Yes(X) No( ) Is therea potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify Is the project consistent with the Colli,~r County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Il'as the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishment/Maintenance Committee at their ' regularly scheduled meeting. Their recommendation will be forwarded under separate cover. ~'~'-~EhtDA AUG - 5 C. oIlier County Tourist Development Council Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and agree thati y or. gan~a/t~n will comply with all guidelines and criteria. '-:--- or Date..~ . *D/rector of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (i-I) (2). Collier County Tourist Development Council Grant Application Pa~e 6 ]~ROJECT BUDGE~ MAINTENANCE DREDGING SOUTH CHANNEL & WATER TURKEY BAY ~T_I_.VI T y I. Mobilization &Demobiiization 2. Dredge & Disposal 3. Mitigation 4. Environmental Monitoring 5. Landscaping, Final Grading & Sidewalk Replacement 6. 10% Contingency TOTAL $50,000.00 392,500.00 79,800.00 9,000.00 73,350.00 60,465.00 665,11:5.00 Collier County Tourist Development Council Grant ~pplication Page 7 AGENDA ITEM AU'$ - 5 1997 Pg. 8 Collier'County Tourist IMvelope~nt Council Grant Application PaBe 9 0 <: 00 AUG - 5 oo OO 0o 0 TToUnOD ~uamdoi~aaG ~T~no& X~unoD ZaTlTOD °°~Tm~a°D °°ueuo~UT~Hl~uaurqsT~n°ua~ qo~oE :IqO~lR K~unoD ~aTiioD ,saauoTssi~OD A~unoD ~o P~eo8 0~8:$ :pa~sanba.~ lunom~r l~oj~ ~ :uo!~e.tnp ~a.ro.d paletu!ls:t Z661 'I ~aqoloO- :a~p l.t~s l~a.l'o.id pa~etu!~s3 III ~geueI41 loafo~d ~=qnH X~H :~aclmnlq auot~d pue ali!Z ,uos~ad l~1uo0 lll~ ~ 'sald~N i~u°!ss~o~ ~luno~ ]o pi~oa ~luno~ :u°D~z!u~JO lu~!ldd~jo ssaJppy pu~ am~N ~[[~ ~J 'sald~N Ile:~ ~zZ ~s~3 ~9~0 s,Jo~eue~ Xluno2 Ilouno2 ~u~mdo[aa~ lsl~noZ Xluno~ jal/lo~ · Jo~eJ~slulmpy l~lu! pa~ ~s~d ~u!pnl~u! '[o~luo~ ao~so~a pue uoDe~olsa~ 'I " Lx-- ON. -'----- sa~ aq~ ux:~ 'pap.~v.~v aq louuv;~ pal~anba.~ ~uno~u~t IlnJ aql .Il uo!l~!ldd¥ llounoD lca~udola^aCi lslJno,L ,(:unos) ~a!l[OS). 0N39¥ ( )oN (×)saA /~u!~P~.~p/~ou~u~)uz~m ss~d JO/pUe ]::)~fOJC[ UOUe.ZO~Sgj ,(~unoD .~!iIo3 ~'u'!o~uo oqt Jo u~d ~.ro.~d p'~sodo.~d o~ s! ( )oN ss~pp~ ~o~r.o~d p~sodo~d ~q~ s~op pu~ ~u!pu~s~pun pu~ $$auaJe,~e le~uauJUO,~!^ua a3otuo.[d a~n~!puadxa pasodo~c[ aq; saoc[ ( )oN (X)saA ~,,(~unoD aq~jo seaJe o!qd~J~oa~' ~ua~aj$!p ot sa!uo~u a~nq.uts!p XH!~j aJn~!puadxa pasodoud aq~ saoc[ ( )oN (X)saA PaU!llrt° sa*!lo~.fqo aqt ~aqunj ajnl!puadxa pasodo~d aqt saoc~ :~J.el~a3aa J! 'aoll~mJoj~! lffa°l:IPPe aPl~,oJd pae S~OllSanb ~Ul~OllOJ aql a;aldmo~ aSeal~ uo!leo!ldc~¥ 3uejo !!ouno~) ~,uatudola^aG ls!~no.[, ,(3unoD ja!!lo3. Collier County Tourist Development Council Grant Application Page $ I have read the Beach Renourishment and Pass Guidelines and criteria, and Signature of Or~g~nization s C~'~ef'C)ff~cial or Designee Date:_ _ *DirectOr of Office of Capital ProjeCts Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of' County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ihl1135.~ AGENDA ITEM AUG - 5 I~97 Collier Coun'y Tourist Development Council Grant Application Page 6 PRO~ECT BUDGET Collier County Beach Restoration "IDENTIFY NEW SAND SOURCE" ACTIVITY I. Coordinate Agency Requirements A. Assist Owner in preparation and submittal of information to local, State and Federal agencies B. Administration 2. Environmental and Biologic Monitoring A. Seismic and Sidescan Remote Sensing Surveys B. Biologic Diver Survey and Hardbottom Mapping C. Vibracore Sampling and Analysis D. Clam Shell Barge Sampling E. Magnetometer Survey 3. Surveys A. Hydrographic Survey B. Jet Probe Survey 4. Contingency (10%) TOTAL AMOUNT $10,900.00 $ 6,380.00 $39,355.00 $35,440.00 594,775.00 $20,925.00 $27,120.00 $15,195.00 $27,120.00 $25,762.00 $283,392.00 AGENDA ~F.,M, AUG - 5 N.4 TURAL ~OURCF~ MAN,~ 755 ~;7t STFC~W SOUTH, NAPL~g, FL FAX NO. ~41-454-3~$~ TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renourishment and Pass Maintenance Funding Request RecoMmendation The attached request for TDC Category A funding, submitted by_the Collier Board of County Commissioners : to be used for_purchase of equipment for beach cleaning operation: is recommended to be: X Approved as submitted. Approved with the following changes: Deferred to: Disapproved. Co~ents: Date 27 June 1997. AGENDA I]'FM AUG - 5 1997 Collier County TourisC Development Council GRANT AP?LICATION Beach Renourixbment and Pass Maintenance (Beach Rc~ourishmcnt and Pass Maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator . Collier County Tourist Development Council County Manager's Office .3301 East Tamiami trail Naples, FL 34112 Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber Project Manager III 774-8192 3. Organization's Chief Official and Title: Commissioner Timothy L. Hancock, AICP Chairman Board of County Commissioners 4. Brief Project Description: Purchase of Equipment for Beach Cleaning Operation Estimated project start date: ~$¢Dtember. Estimated project duration: Two (2) Total amount requested: AGENDA IT F..,M-,~ No. (_'-/-,) AUG - 5 Collier County Tourist Developr~ent Council Grant Application Page 2 If the fall amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller aw;~rd? Yes-~ 9. Identify the goals and objectives for the project: 10. The purpose of this project is to purchase additional beach cleaning equipment to provide a more comprehensive beach cleaning operation and consistent frequency of cleaning at each location. Describe what benefits will be received from the project: The additional equipment will provide the capability to: a) Establish a comprehensive beach cleaning opera:ion. b) Increase the frequency of cleaning in all locations. c) Address special requests. d) Respond to emergency situations. 11. Describe how the effectiveness of the project will be evaluated: Discussion of the beach cleaning operation by members of the Beach Renourishment/Maintenance Committee has resulted in a recommendation to obtain additional equipment. The basis of this recommendation was the realization that one piece of equipment was not capable of satisfactorily addressing the criteria set forth in item #10 above. Furthermore, an additional piece of equipment will eliminate the cost and time associated with transporting the equipment long distances and will provide the ability for a continuous cleaning operation io accommodate an equipment maintenance schedule. Continuous monitoring will be performed to determine the effectiveness and future needs of this operation. 12. Describe how the project enhances ezisting County Tourist Development programs: The beach cleaning operation is 'an integral component of the l~each maintenance program and as such. enhances the user appreciation of the area's major tourist attraction. 13. Describe how financial resources will be monitored: The project budget will be managed through the existi and management structure of Collier County and will be a by a project manager in the Office of Capital Projects Ma~ g fi ~ ITE 5 Pg.. · Collier County Tourist Development Council Grant Applicadon Page 3 14. The basisofthe budget consists of the purchase of: (1) BeachTech 3000, (2) All Purpose Utility Tractor and (3) Transportation Vehicle £or the Operator. The total amount of the proposed budget is $|64,565,00, Please complete the following questions and provide additional information, if necessary: Does the prop. osed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes(X) No( Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes( ) No(X) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) AGENDA ITEM, No. AUG - 5 1~97 ,.. Collier County Touris.t Development Council Grant Application Page 4 Will the project decrease the local cost share of an overall beach restorstio~ project, either by decreasing the total project cost or by increasing the local/non-lo Yes ( ) No(X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishment/Maintenance Committee at tl",ir regularly scheduled meeting. Their recommendation will be forwarded Under separate cover. AG ' IT -- AU6 - 5 Collier County Tourist D~velopment Council Grant Applic,tlon Page $ I have read thc Beach Reno,rishme,t and Pass Guidelines and criteria and Signgture of O~ni~tion's Chef O~ial or Designee* ~ireclor of Office of Capit~l Projects Management ~uthorized to sign Category 'A~ applications on behalf of the Chairman of the ~oard of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ih/11478 AUG - 5 1997 Collier County Tour{st Development Council Grant. Application Page 6 1. Beach Tech 3000 2. All Purpose Utility Tractor 3. Transportation Vehicle PROJECT BI~DGET BEACtt CLEANING EQUIPMENT AMOUNT $96,390.0O 44,275.00 23,900.00 Note: TOTAL $164,565.00 Operating coats associated with this equipment will be included under Beach Maintenance Activities which will be the subject of a separate application. H £ H~'lh,t 11471 AU$ - 5 1S97 P[.~ EXECUTIVE SUMMARY APPROVE FUNDING THE SOUTI~VEST FLOR/DA FIZM COMMISSION FOR $140,000 TOURIST DEVELOPMENT FUNDS ADVERTISING AND PROMOTION OBJECTIVE: To approve funding the Southwest Florida Film Commission for $140,000 Tourist Development funds, Advertising and Promotion. CONSIDERATIONS: On January 2, 1996 the Board of County Commissioners entered into an Interlocal Agreement with Lee County to fund the Southwest Florida Film Commission. The Agreement was for ten yeah with a provision that future allocation will be appropriated by the governing bodies of Collier and Lee Counties. The Film Commission requested $140,000 allocation ($80,000 for calendar year 1997 and $60,000 for January 1, 1998 to September 30, 1998). The Tourist Development Council reviewed the request at their July 21, 1997 meeting and unanimously recommended approval. GROWTH MANANGEMENT IMPACT: None FISCAL IMPACT: Sufficient funds are available in Fund 194, Tourist Development Advertising and Promotion funds. A budget amendment is necessary. RECOMMENDATION: Approve allocation to the Southwest Florida Film Commission and authorize Chairman to sign letter authorizing annual allocation. Approve budget amendment. Prepared by: ~ '- Jean Gansel, Budget Analyst Reviewed by: /~? ..~_.~.x~ .~' .....----~ Date:~/ Michael Smykowski, OMB Director AGENDA ITEM AUB - 5 1997 P~. / ='= 199~, by and between Lee County, a political subdivision of the State of Florida. hereinafter referred to as 'LEE', and Collier County. a political subdivision of the State of Florida, hereinafter referred Io as 'COLLIER'. RECITALS WHEREAS, Lee County desires to combine resources with Collier County for the purposes of creating a regional film office known as [he 'Soulhwesl Florida Film Commission'; and WHEREAS, a regional effort will eliminale duplication of services; provide seamless service for 1he ctien[; and increase Ihe effectiveness or the film commission to bring more film, television and print produclion~ to Ihe area; end WHEREAS, bolh Lee and Collier counties recognize that the Economic Developmenl Council of Collier County and Ihe Lee County Horizon Council have contributed greally to bring forward the 'Soulhwesl Florida Film Commission' and will appoinl represenlatives to the Southwest Florida Film Council, which will act as an advisory body to the Film Commission. WHEREAS, the Tourist Development Council and the Collier County Board of County Commissioners have approved funding 'wilh tourist development tax funds to promote Collier County through a 'Southwest Florida Film Commission'; and WHEREAS, il Is anlic~pated that the Southw,~st Florida Film Commission will promote tourism in Collier County end Lea Coun:y by encouraging film. television and print produchons in the region; and AGEI',jpA ',', No...v~ (, 5) AUG - 5 1997 Pg., a regional film ot'fice that will handle all prcmolions, marketing and permitting for the region: and WHEREAS, it is in the best interests of Lee County and Collier County to enter into this Agreement. WITNESSETH: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The above recilals are true and correct and are incorporated herein. 2. Collier County will pay Lee County the sum of $57,000.00 for Ihe first year of operation. Fulure allocations, if any, will be appropriated by the governing bodies of Collier County and Lee County respeclively. 3. The parties agree that lhe $57,000.00 from Collier County will be used for Ihe following'. a. Salary end benefits for a fdm assistant with working knowledge of Collier County; b. Implementation of a markebng plan and budget, including development of a location library, print materials, and a production guide; and c. Costs associated with operating the Southwest Florida FJim Commission office. All expenditures shall be used pursuant to the Collier County disbursement guidelines, a copy of which is attached as Exhibil 'A'. 4. The Film Commissioner of Ihe Southwest Florida Film Commission will be an employee of Lee Counly. o AGENDA ITEM AUG - 5 199~mI 5. The Southwest Florida Film Council will have an Executive Board appointed on an annual basis and made up of the following members: three (3) members appoinled by Ihe Economic DeveloFmenl Council of Collier County, one (1) voling mambo; at' [he Lee Counly Horizon Council, one (1) member of the Lee County Tourist Development Council, one (1) represenlative of lhe local production industry appoinled by the Horizon Council. and one (1) at large member appoinled allernately by the Horizon Council and the Colher County Economic Development Council. 6. Lee County will worx with lhe Soulhwest Florida Film Council to dev",lop goals and objectives, a markeling plan and budget for the Soulhwes! Florida Film Commission. 7. Lee County, through the Soulh,,¥esl Florida Fdm Office. will give quarlerly reports Io Colher Counly, which will include: a The n~,mber of project'leads and responses; b Total produchon revenue: c Number of projects Ihat have hlmed in the Southwest Region, d. Number of hotel room nights generaled: and e. Number of local jobs created (local employmenQ. 8. The Soulhwest Florida Film Commission Off,ce w~ll organize regular meetings of the Southwesl Florida Film Council 9. ~,.~MINATION. This Interlocal Agreement may be canceled by either parly on en annual bas~s by providing at least 30 days advance w~itten notice of such termination prior tO each anniversary dale of this Agreement. 10. EXPIRATION This Inlerloca; Agreemenl shall operate I'o~an imA~IENDA ITi~l?. J No., £ (5.J AUG - 5 1997 period cf ten years, or upon Ihe counlie~ ceasing the operation el the So~hw, es! Florida Film Commission Otfice. whichever may occur first. 11. AMENDMENTS_ This agreemenl conslilules Ihe enbre understanding belween the parties and any previous agreements, whether w'ritten or oral, shall be superseded by Ibis agreement. This agreement may riel be modified, amended or extended orally. This agreemenl may be amended only by wfitlen agreement execuled by the governing parties of bolh parties. 12. The provisions of th~s agreement shall be construed so as Io efficient!y effect the purposes slaled herein The obligalions conferred by lhe provisions o! this agreemenl shall be supplemental to tho powers contra'red upon lhe parties by general, local or spemal law. 13. To Ihe extenl allowed by law, each party agrees 1o defend, indemnify and save harmless the o[her, Iheir Boards and Commissions, officials, officers, employees sad agents t'rom any habdity or clmms Ihat may result from Ihe implemenlation of lhe project or from any alleged negligence in maintenance cr operalion of the Soulhwest Florida Film Commission Office in conneclion with this Agreement. The foregoing is not inlended as a waiver of Ihe benefits of Seclion 768.28. Florida Slat~es. 14. Neither party lo Ibis egreemenl may assign this agreement. 15. In the event that a court of competent jurisdi¢lion adjudges any seclion or paragraph of this agreemenl [o be invalid, such adjudication shall r',ot effecl or nullify Ihe remaining sections or paragraphs, but shall be confined solely to the seclions or paragraphs involved in such decision. Each party hereto covenants lo the olher party thai il has lawful au[horily Io enler inlo Ibis egreemenl and has authorize:ion exect~led of Ibis agreement by Ihe parl¥'s authorized repfesentabve. t AGENDA iTl- ,vl No. 16[ 16 This Agre~nt shall be recorded rn the public~d$ and Lee Counly. IN WITNESS WHEREOF. Iha parlies herelo have caused the execution hereof by their duty aulhorized ofticla~s on the dele sel forlh above. ATTEST: CHARLIE GREEN, CLERK BOARD OF COUNTY COMMISSIONERS OF LEE C~RIDA By: Chairman ATTEST: DWIGI~T E. BROCK. CLERK APPROVED AS TO FORM O~fice~. ne Counly Allorney BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~JNTY. F~ CHAIRMAN APPROVED AS TO FORM Heidi F. Ashlon, Assistant County Allomey AGENDA IT~-],~ No.., AU6 - 5 1,997 EXIIIBIT A INELIGIBLE EXPENDITURES ~d~'D ORGANIZATIONS The following expenditures and organizations are Ineligible for funding with Tourist Development revenues. Ineligible E×pendltur~A: 2) 2) 4) s) 6) 7) 8) 9) 20) Annual operating expenditure not directly related to the activity or project. Salaries of full-time staff. Employment of personnel not directly related to the activity or project. Real Property. Capital Improvements, including but not limited to new construction, renovation, restoration and instal- lation or raplacamenn of fixtures. Tangible personal property, Including but not limited to office furnishings or equipment, permanent collec- tions or individual pieces of art. Interest, or reduction of deficits or loans. £xpenles incurred or obligated prior to or after project funding period. Prize money, scholarships, awards, plaques, or certi- ficates. Travel and per diem expenses not associated directly with project. Per diem expenses for an event in excess of the amounts authorized in Section 112.061, Florida Statutes. Projects which are restricted to private or exclusive participation except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights durir~ the Naples' area shoulder season. Private entertainment, food or beverages except for invitational events which require s prequalificetlon of participants through proven ability to generate hotel room nights during the Naples' area shoulder lesion. 11) Making payments or reimbursements for goods or services purchased for previous or other events. AGENDA ITEM E of Florida (hereinafter referred to aa ~ent dated January 2, 1995 (the -Original ATreelent") concerning t. he Southwest Florl¢le Fill ¢o~mleelon office; ~nd ~S, Collier and ~e deeire to a~end ~e Agreement. NOW, ~ZFORE, it la ~utuilly agreed is follows: 1. Sec, ion ,o ,o ,h. Interl~.l Agree-eh, i..-.nd-d .. ~oll~e: '2. Collier County will p~y ~e County ~e ~0,000 for the firet year of o~ratiom. ~ture all~ationa, any~ wail ~ appropriated by ~e govermimg ~lea of Collier County amd ~e Coumty respectively.= 2. Section Three la hereby a~e~ed ae follow=: ~. ~e partlee agree that the llO,O00 from Collier County rill for the a. Salary and ~nefite for a film aaelatant working ~l~ge of Collier b. X=pleeem:ation of a ~rketimg plan and ~dgat; and c. Cos~s associated with o~rating ~e Southwes~ Florida Ftl~ Co~lssion office. Ail e~ndlturis shall ~ us~ pursuant to Collier County dl~rle~ent ~ldellmes, a copy of whi~ la attach~ as 3. follows: 4. Exhibit "A" of ~he Original A~ree~ent ia amended al ('See attached reviled Exhibit Except aa provided herein, the ter~e and conditions of the Original Agreel.ant shall remain in full force end effect. 5. This First Amendment shell l>e recorded in the public records of Collier County and Lee County. AGEND,~ AUG - 5 0R: 2215 ~G: 0069 : 8 £ ~.. '.~aPlurrA~len~: Office of the County ~e Coun~ BOARD OF COU~TY CO~MISSIONERS OF LEE Cou~DA -A~TEST ~ D'~'Gh'T ~. B~X'K, Clerk ..: ~ ..,,' .... '. , . .. .~ ~..~., ~-dtd~ ? ~ ~h~on ~almtan~ Collier County A~orney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUI~TY, FLORIDA AGENDA FF~S)4~ AUG - 5 ~97 Pg., ~ **' OR: 2215 ~: 0070 REVISED EXHIBITA 8 E INELIGIBLE EXPENDITURES AND ORGANIZATIONS f~llowing ax~endituree end organizations are ineligible for with Tourist D~velopeent revenues. Ineligible ~x~enditures: 1) Annual operating ewpenditure not directly related to the activity or project. 2) Real Property. 3) Capital Improvements, including but not limited to new construction, renovation, restoration and installation or replacement of fixtures. 4) Interest, or reduction of deficits or loans. Exp~nses incurred or obligated prior to or after project funding period. Prize money, scholarships, awards, plaques, or certificates. ~) Travel and per diem expenses not associated directly with project. Per diem expenses for an event in excess of the amounts authorized in Section 112.061, Florida Statutes. 7) Making payments or reimbursements for goods or services purchased for previou: or other events. AGEND~JT~ , No. AU6 - 5 1957 1997 Southwest Florida Film Commission Budget EXPENSES Advertising S 4,000 00 Collateral S 5,500 00 Ev~ rtt~, S 8,7D0 00 Marketing S 2,650.00 Froduction GukJe S 5,35000 Tempi Marketing S 30.20000 A. AAA Conference S 200 O0 AFCI Locations S 2,200 00 FFCA Annual Conference S 90000 FFCA Quarterly Meetings S 30000 Florida Premiere $ 700 00 ShowBiz Expo East S 1,80000 ShowBIz Expo West S 4,40000 Trade Show Materials S q .000 00 Total Trade Shows S 11,500 O0 AFCI S 500 00 FFCA S 250 00 FIVIPTA S 200 00 FPRA S 125 00 T.__otal Memberships S '~ ,075 00 Cleenlng sen;Ice S 1.200 O0 Local mileage S 1,900 00 Office furnltur~equipmen! S 2000 00 Office ':pace S 11,300 00 Office supplies S 600 O0 Pager/cell phone S 1,200 00 Personnel S 94,128.00 Postage/FedEx S 1,000 O0 Subscriptions S 416 O0 Telephone S 2,500 O0 Utilities S 850 O0 Total OperatJn~l S 117,094 oo REVENUE Le~ County OI11ce c~ Economic Deveiopm~rt S 40,000 00 Lee County Tourist D~velopmant Council S 40,000 00 Collier Coun~ Tourlsl Development Council S 80 000 00 Total Revenue ~ -- $160 000 00 ~age ~ AUG-" 1998 Southwest Florida Film Commission Budget EXPENSES REVENUE , o000. Collateral S 6190000 ~ Events $ 3,70000 S 40.000 00 Marketing S 2,650 O0 $ 80 000 00 Producflen Gu'de S 5.350.00 "$160 0~0~"~' Total Market!rig S 24.600 O0 AFCI Locations $ 2.200 00 FFCA Annual Conferem:e S 90000 FFCA Quarterly Meetings S 300 00 Florida Premiere $ 700.00 ShowBlz Expo East S t.80000 $howBIz Expo West S 3,000 O0 ShowBIz London $ 3,400 00 .?rede Show Materials S 1.00000 Total Trade Show~ $ 13.30000 A~=C~ ' ...... S 500 00 FF-CA S 250 00 I~I PTA S 200 00 FPRA $ 125 00 ~-~-~mb~rshlp$ S 1,075 00 Cl~anhlg service S 1,200 O0 Local mlteage S 1,90000 Office furnltur~,/equlpment S 2,000.00 Offlce space S 11500 00 offct suppllas S 600 00 Pa~er/cell phone S 1,200.00 P~onnel S 97,893,00 Poslage/FedEx S 1,000 O0 Subscriptions S 416 00 Telephone S 2,500 00 _Utilities $ 850 00 T~;al Operafln~ S 121,0~,900 Lee County Tourist Deve{opment Council Collier Count), Tourist Deve~__~_ment Council *" ~-0ENDA ITEM ,' :J$ - 5 1997 ........ -~----,----~~',:.,~; -. '~,-v-..-.. · · · - ' -Q-~_'F.,..(~[~:~: Ts appoint 2 members to ~rve 4 ye. at t~"n~, expiring on Augu~ 9, 2001, on ~e Bo~d of Building Adjustments and Appeals. -~-Q~: This $ rnember board consi~'ts of 1 slate iicen.~ed architect or smactural engineer; I Cl~s "A" general contractor, I state certil~ed fire protective equipment contractor or State Certified Fire Fighter with the rank of Liemenant or higher or State Certified Fire Sa. feW Inspector with the rank of Lieutenam or hig~h:r; I licensed electrical contra~or; and I licked plumbing or mech~cal contraclor. This board hears appeals on rejections by the building official as ~o thc materials or mode of construction used on a stmc,'ure. Temrs ~ 4 years md meetings are held quarterly or on an as-needed basis. Members must file a Form I Statement of Financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. The Board of Adjustments and Appeals has 2 terms expiring on Augusl 9, 1997; 1 Electrical Conmactor and I Architect. A press re/ease was issued and resumes were received from the following 2 interested citizens: Frederick L. Swetland, III - Arckitec! Gary F. Hayes - Plumbing Contractor 4 yes 4 yes .C-Q-NLMITTEE RECOM~FEN'DATiON: Quasi Judicial; recommendations not accepted. ~.~7.~k~~: NONE GROWTH MANAGEME~r iM]aACi,: NONE ]~ECOMNFENDATION: Tha! the Board of County Commissioners con.sider the recommendation for appointment; appoint 2 members; and, direct the County Attorney to prepare a resolution eon. fi.rm~g the appointments. Prepared By: Sue Filson, Admirdstrative Assis'tant Board of County Commissioners Agenda Date: August 5, 1997 AGENpA ITEM ' _ Pg..__Z____ Board of Building Adjustments and Appeals l~'~r~ Ph~nt Ap~t'd Exp. ~t T~r-m Home Phone Dalt£e-a~pt 2ndF_xpDale 2nd Te~n Van Aukcn MiIler 435-9482 09/26/89 08/08/93 4 Years ~25 Fiih Avenue, Sou~ 9/14/93 08/09/97 4 Years Naples, FL 34102 District: 4 Category: Axctfi:ect Jarn:x D. Allen, Jr. 043-,m00 08/09/94 08/09/98 4 Year~ 116 Heron Avenue 793-6893 Nzp{~, FI. 34}08 Distr~ct: 2 Category: General Contractor Kenne/.b.W. Rodgers 597-3222 02/'27196 08/09/9(~ Mouths 2gl I 50th Terrace, S.W. 2/27/96 08/09/00 4 Years Naples, FL 34116 Di~rict: 3 Category: AssiSt Fire CP~ief Dardei J. Bu~ 591-0900 07/23/96 08/09/00 4 Years 228 Tradewi.uds Avenue Naples, FL 34108 District: 2 Category: Engineer/Construction Maa'vi~ L. Nusz 643-2552 08/24/93 08/09/97 4 Years 620 104th Avenue, North Naples, FL 34108 Dbtrict: 2 Caze~ory: Elecu-ical Contractor This 5 member advisory board w-aa created by O~inance No. 91-102. as amended to hear apg)eats on rejections or refusals by t~e Building Code Compliance Director to approve mode of construction or matedats to be used in construc~on or a~ra~n of a smacUarm. Membership consists of 1 state licensed architect or '~{ructue-~ engineer;. 1 Cia,s ',ac genera/contractor. I sta~e certified firu protective equipment contractor or State Certifle~ F'n'e F'~hter wf~ ~e rank of Lieutenant or hi~her, or State Ce~fled Fire Satety Inspector with ~e rank of Lieutenant or hi~he~ I licensed electrical contractor, and 1 licensed plumbing or ~ic~ con~. Members must be knowledgeable in the following Co{0er County Code.~ Ster~tard Building Code. Code. Fire Pmven~n Code, Gas Code Mechanical Code and Swimming Pool Code. Temmm am 4 years. Membera am required to file a Form 1 Staterr~nt of F'u'maex:~i I~ each year 5he Supervisor of EJec~ons. QUASI JUDICIAL Staff.. Ed Pedco, Bk:lg Review & Permit~ng Oimc'l=c 643-8400 TO: FROM: DATE: Sue Filson, Adminiszrafive A.~si~tant Board of County Commissioners Ed Perieo, Dire,.~or Building Review aud Permitting Board of Building Adjustments and AppeaLs July 22, 1997 I have reviewed the two resumes that were s~bmitted for the vacancies on the Board of Building Adjustments and Appeals. Mr. Frederick Swetland, as a State Licensed architect, and Mr. Gary Hayes, as a State Certified Master Plumbing Contractor, an: both equally qualified to serve as members of this board. Should you have any questions, please feel free to call me at 403-2442. /ggs DATE: July 21, 1997 TO: Vlnell Hills, Election~ Office FROM: Sue Filson, Admin/~rative Assir~xn ' Board of Count). Commissioners Voter Registration - Adv/sory Board Appointments The Board of County Commissioners will soon con~ider the follow/rig individuals for appointment to one of the county's advisory corm'nit'tees. Plea.se let me know if those li~ted below are regi~ered voters in Collier Ceur, ty. Also, please list the commission district tn which each applicant reside.~. Frederick L. Swetland, III 2164 Frederick Street Naples, FL 34112 ~ Gary F. Hayes 1475 Curlew Avenue, Naples, FL 34102 COMMISSION DISTRIC_T Thank you for your help. A~-ENOA ZT£N / AU$ - 5 ~7 Pg *~ DATE: TO: FROM: July 21, 1997 Ed ' ' Pcnco, Building Review & Pemfirdng Dfl~ctor Sue FJJson, Admini~rative A.~si~ ~ Board of County Commissiomrr~ ~/' ~ Board of Building Adjustments and Appeals As you k~2cw, we currently have 2 vacancies on thc above-referenced advisory, committee. A pre~ release was issa~ed requesting citizens interested in ~-rvin. g on this committee to subnfit a resume for conaideration. I have attached the resumes received for your review as follows: Frederick L. Swet/and, III 2164 Frederick Street Naples, FL 34112 Gary F. Hayes 1475 Curlew Avenue, ~4 Naples, FL 34102 Please let me know, in writing, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please c~tegorize ~"e applicants in areas of expertise. If you have any questions, please call me at 77~8097. Thank you for your ~ention to this matter. SF Attachments AGENDA IT[,M ,o. ,tf)/'/. AU6 - 5 19 7 Naples Residence: {'941} 793- 0300 Mr. Swetland is a registered Architect and a registered Landscape Architect who has gained over 20 years of experience in all phases of architectural design, landscape architectural design and const~ction / installation in various states as well as in Mexico, Morocco, Nigeda, and Vietnam. ~1//2- .P. ROJECT EXPERIEN~_E.E The fo//ow/ng projects were produced whi/e employed by Kunde Sprecher & Associates/n M/am/, F/orida. _Disaster Recovery Mr. Sw~tland provided architectural design services for the Department of Education in the U.S. Virgin Islands under the Hurricane Recovery Project contract. These projects involved the evaluation of existing damage conditions as a result of 1995's Hurricane Marilyn. · Hurricane Recovery Proiect for KJrwin Terrace Elementary · Hurricane Recovery Project for Charlotte Amalie Senior High The projects are broken down into 2 phases: 1. Phase One - a 24 hr. and a 7 day evaluation of existing conditions ancl work in progress by contractors on site. Deliverables included a report with cost analysis, narratives, sketches and photographs of affected areas. 2. Phase Two - a 30 day time sChedule was utilized for further evaluatin.~ the work that remained to be done, as well as, proposals for future design services based on the needs of the facility. The deliverables for this phase included engineering and cost analysis of existing and proposed building repairs and modifications. Commercial Landscape Architecture of a Manor Care Corporation development consisting of 3 parts: · Comfort Inn / Clarion Suites complex; an existing complex re( redesign of the existing site inclusive of re-landscaping. · Sleep Inns; a new project requiring larldscaping and irrigation. · Mainstay;, a new project also requiring landscaping and irdgatio These three complexes are on the sam~ campus, which is Ioceted on a designated histodc site. Some of the existing trees were planted in the under the direction of Dr. David Fairchild. The city required an inventoG, of the AUG - 5 Elg7 trees and stipulations that the majority of those trees would not be destroyed, but were to be relocated. The siting of ',,he buildings and their attendant support facilities had to accommodate the specimen trees which could not be moved. Miscellaneous Services for the U.S. Postal Service · Architectural restoration of the Miami Beach Post Office Interior and its grounds. Responsibilities: Construction documents, project administration. · Renovation of the second floors of both the Opa Locka and Oceanview Main Post Offices, including an elevator in the latter and a fire escape in the former. Responsibilities: Proposal, design, estimating, construction documents project administration. ' · Landscape and irrigation design for Notarial, Grafigny, and Oly'mpia Height~. (The Olympia Heights site was a xeriscape project.) Responsibilities: Proposal, design, cost estimating, construction documents, project administration. · Renovations for employees facilities in approx. 1 dozen facilities. Responsibilities: Proposal, design, cost estimating, construction documentation, project administration. · A feasibility study for a post office on Dixie Highway in Coconut Grove, and one at the Blue Lagoon near the Miami International Airport. Responsibilities: Proposal, design, cost estimating Urban Design Projects In Process · The design of on street parking and landscaping for Calais Drive on Miami Beach. Calais Drive was a residential streetscape spanning a dozen blocks. Responsibilities: Presentation, proposal, design, cost estimating, construction documents, project administration. · Preliminary site plan for a 250+ unit, zero lot line development. The planning process included the cut and fill calculations to meet flood elevation criteda for the house floor pads. The source of fill is a proposed man-made lake that will also provide water frontage for a third of the proposed lots. (Cut and fill calculations were required to determine the financial viability of the concept.) Responsibilities: Proposal, design, calculations. · Pioneer Village for Homestead Economic Recovery Organization (HERO): Required town planning, replatting, rezoning, total redesign of existing infra.- structure, municipal services access, and public spaces landscaping. Project located in a designated urban renewal portion of downtown Homestead. Responsibilities: Presentation,proposal, design, cost estimating, construction documents AGE ND~....~TEJ~ N'o o~ AUG - 5 lgg7 FDOT · Ringling Causeway Bridge, Sarasola County- Responsibilities: Design (architectural treatments and landsr_,.'~pe design for l~igh level bridge including public hearings and presentation of proposals). · MacArthur Causeway over Biscayne Bay in Dade County - Responsibilities: Design aesthetic treatments for the twin high level bridges including public hearings and presentation of proposals. ° Bdckell Avenue Bridge, Miami, Flor;da - Project Consultant assisting project architect in designing lighting, and coordinating needs with civil and bridge engineering departments. · Hillsboro Boulevard, Deer'field Beach, Florida - Responsibilities: Proposal, design, cost estimating, construction documents, project administration, public officials meetings for Road re-design, removal / relocation of trees, mitigation to tree removal with new landscaping in reconfigured medians. Dade County Aviation Department · Tarniami Airport Jet Center development, West Kendall, Dade County, Florida - Responsibilities: Proposal, design, cost estimating, for landscape architecture, Dade County Aviation Department. · Opa Locka Airport, Dade County Aviation Department ,Opa Locka, Florida - Responsibilities: Presentation,proposal, design, cost estimating, construction documents, project administration, for landscape architecture and irrigation for a 4 hangar complex. Dade County Public · Miramar Elementary School - historic building mitigation. .Adiflonal Projec~ As owner of his own architectural business, Mr. Swetland was the designer of a number of diverse projects including: administration. Architecture/Landscape Architecture; · 6L's Corporate Office, Immokale~, Flodda- Responsibilities: Presentation,proposal, design, cost estimating, construction docum, administration. Architecture/Landscape Architecture; ° Car Care Center, Sebring, Flodda - Responsibilities: Presentation,proposal, design, cost estimating, construction documents, project administration. Architecture/Landscape Architecture; · Naples Import Auto Showroom, Naples, Florida - Responsibilities: Presentation,proposal, design, cost estimating, construction documents, project AUG - 5 /9,97 · Neptunes Reef Sea~'ood Restaurant, Marco Island, Florida - Responsibilities: Presentation,proposal, de'~ign, cost estimating, construction documents, project administration. Architecture; · Brookside Marne Marketplace, Naples, Florida -Architecture/Landscape; · Media and Marketing Offices, Naples, Florida. Responsibilities: Presentation,proposal, design, cost estimating, construction documents, project administration. Architecture/Landscape; · Multi-Use Structure at Naples Airport., Naples, Flodda - Responsibilities: Presentation,propcssl, design, cost estimating, constr~ction documents, project administration. Architecture/Landscape Architecture; · Rehabilitation of Storm Damage at Ketldall Foods factory, Miami, Florida - Responsibilities: Presentation,proposal, design, cost estimating, construction documents, project administration. Architecture/Permitting and Inspection; · Uniques, a clothing boutique, Interior Design, Naples, Florida; and · 'l'he Bike Route, a bicycle store, Interior Design, Naples, Florida - Responsibilities: Presentation,proposal, design, cost estimating, construction documents, proiect administration. Prior to this, Mr. Swetland served as the Architectural and Landscape Architectural Consultant to the Nigerian Universities Commission in Lagos, Nigeria. He was involved in evaluating the proposed master plans of existing universities. EDUCATION/TRAINING Mr. Swetland earned a B.I_A. degree (Magna Cum Laude) in Landscape Architecture from the College of Environmental Science and Forestry - State University of New York at Syracuse, and a M.Arch. degree in Architecture from the University of New Mexico. He is registered as an Architect in Florida (#10240) and in New Mexico (#1155 inactive) and he is registered as a Landscape Architect in Flodda (#994) and Texas (#685 inactive). AIRPORT ROAD NO. NAPLES. FL Date To From Re July 8, 1997 Board of Collier County Ccmmissioners Gary F. Hayes Application for Collier County Board of Adjustments and Appeals (813) 6~.,2431 Dear Commissioners This letter is to apply for consideration for a position on the Collier County Board of Adjustments and Appeals. I understand there is a vacancy and I am applying to fill that vacancy. Enclosed please find my Resume. 1~i 7 ~ ~ v ~ l e'-'-) ~ ~7" 7~,'~ ~~''~'~' AGEND~A ,/0 AUG - 5 ~B7 Pg. //'~ RESUME Gary F. Hayes 299 Airport Rd. N. Naples, Florida 941-643-2431 Education/Certification Attended Georgetown College Attended Chapman University/ Southern California Attended University of Kentucky Graduated Kentucky Business College Degreed in Business Administration Degreed in Accounting/Business Management Florida Certified Master Plumbing Contractor Kentucky State Master Plumbing Contractor Military Honorable discharge '72 United States Air Force Employment History General manager Florida Sub Systems, a plumbing & electrical contractor, '82 to '85. Owner, general manager South Florida Plumbing '85 to present. Owner, general manager Elegance In Plumbing '92 to present. Affiliations and Government Experience Member and past president, chairman of government affairs of Collier County Plumbing & Mechanical Contrs Assoc. '87 to '95. Past President and past chairman of government affairs American Subcontractors Association of Collier County. Past President American Subcontractors Association of Florida. Member Florida Association Plumbing Gas Mechanical Inspectors. Member Southern Building Code Congress International, Inc. (SBCCI) Past Chairman Officers Council National American Subcontractors Association. Past Vice chairman National ASA Government Affairs. 3 yr member Collier County Development Services Advisory Committee. Member and Chairman Collier County Licensing Board. I have been a resident of Florida for 16 years, and in Naples 15 I have 3 children. · More ............ CERTIFIED TEACHER, STATE OF KENTUCKY EAR CCPMCA CREATOR & MEMBER C. C. APPRENTICESHIP COUNCIL OF T~DE/ (A~N0% ~)~: To appoint 3 members to the Immokalee Enterprise Zone Development Agency (EZDA). CONSIDERATIONS_: This 13 member committee was created on March 28, 1 995, by Ordinance 95-22 to induce private investment into di~ m to creale economic opporturfities and wastainable economic development for designated ~. To permit Collier County to participate in th~s program, the Board of County CommL~sioners nominated the Immokalee Commtmity to be considered by the Florida Depat~ent of Commer~ for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of thc formal application for an Enterprise Zone, the State required that a committee consisting ora broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, busine.~es operating with~ the nominated m-ca, residents living within the nominated area, nonprofit community-based organizations operating ,.~4th.in the nominated area, local private industr~ council, local code enforcement agency, and local law emrorcement agency. A list of the current membership is included in the backup. On April I, 1997, the Board dLrected $ta.ffto re-advertise for members for this committee. Two press releases were issued and resumes were received from the following 3 interested citizens: Denise BIanton Resident 04/04/01 Alan W. Neuman Workforce Council of SW FL 04/04/99 Herman Spooner Business Owner 04/04/98 -~-QLV!-MITTEE P~CO.MMENDATION: De:rise Blanton. Resident Alan W. Neuman - Workforce Herman Spooner- Business Owner FISCAL IMPACT: NONE ~;ROWTH MANAGEMEENT IMPA~r: NONE RECOMMENDATION_: That the Board of Cotmty Commissioners consider the recommendation for appointment; appoint 3 members; and, dixect the County Attorney to prepare a resolution comemning the appointments. Prepared By: Agenda Date: Sue Filson. Administrative Assistant Board of County Commissioners August 5, 1997 AU6 - 5 ~997 TO: DATE: RE: MEMORANDUM Sue Filson. Administrative Assisxant Bo~d of Count, Cornmissionera Lawrence Perez /~ HU'I Manager, Ho~ing & Urban Improvement July 21, 1997 lm. mokalee Enterprise Zone Development Agen~ (EZDA) The State has enacted a program, the Florida Enterprise Zone Program to induce private in,,'e~'ne_nt into alit, tossed areas to create eeonorrfic opporttmkies and v. tstainable economic development for desi~a.ated aceas. To permit Collier Couaty to parucipate in fl:tis program the Bo,vd of Court .ty Commissioner's norninated the 6'm'no~ee Communiv/to be co~idered by the Florida Department of Co~ for Enterprise Zone designation in R~solution No. 95-248, approved March 28, 1995. As pan of the formal application for an Enterprise Zone, the State required that a committee connstmg ora broad ~ of citizens be enablilhed. TM$ Board has representation from the Chamber of Commerce, financial or irmuranoe entities, bu. linesse$ operating with.in t.he nominated axea, nmdents living with. in the nominated area, nonprofit community-based orgarfization~ operating with. in file nominated area, local private industyy council, local code evf'orcement agency., and local law erd'orcement agency.. The Commit'lee was created thcough Ordinance 95-22 as the Immokalee Enterprise Zone Development Agency 0:Z'DA). In addition, the Cotmry Cou,nc"i! appointed membe~ lo the EZDA under Resolution 9:5- 249. One members :erin has expired and two members resigned from thc F. ZDA. We are thcrvd'ore, recommending thc fotlow~ng for Board approval to fill three of the four vacanoes at this Umc: 1. Reappoint Denise Blanton, whose two yea:' team expired April 3, 1992, This position must be filled with a resident and ,x~. Blanton meets tl~ ~quirement. La addition, no other reapon.~ ~ received from the secood newspaper adverUsement. Tim Nevaxea whose three year term will expire April 3. 1999, will be unable to continue to ~rve. " The EZD^ i~ recommending the appointment of Alan W. Neuma~ of the Worlffor~z ~ of .Sotlthw~... Florida Inc.. for the ~ be.rinnin$ Allg'll. St 1. 1996, ~ carling April 3, 194)9. This position mu~t be filled by someone represeming ,, local private indu.m-y council. M:'. I'~ meets Ma. ~ Lem~ rr. xigned ,earing the balance of her term which i~ (April 4. 199:5 - April 3. 1998). The E2DA ix recommending the appointment of M.r. Herman Spooner of $pooner Lt~. Agency. Inc. AU6 - 5 1997 Please pr~m~ an ~ Summary for th~ Bo,vd's cc~i~on of~e r~comme~htions ~nd la me know i/'~ny further information or ~tsisi,~nce is ~ lo inifial~ Ibc proc~. Thank ~ for your I~lp. cc: Gr~l Mihali¢, Dir~or, Housin~ & Urban Impm~mem Fn:d Thomas, I:mA Chairm,a.n AU6 -5 l!]97 t~ Immokalee Enterprise Zone Development Agency P/ork Pl~one Appt'd Exp. Date ~'¢rm Name Home Pl~one DttteRe-appt 2nd~Date 2nd ~l'erm Fred N. Thomas, Jr. 657.3649 04/04495 04/04/96 1 Year 1800 Farm Worker Way 9/3/96 04/04/00 4 Years Immokalee, FL 34142 Dirtrict: 5 Category: Noa Profit Organizadon Lucy Oniz 262-~0a 04/04/95 04404/99 4 Year~ 606 Roberts Avenue 657-5617 Lmmokalee, FL 34142 District: $ Category: Non Profit Organization Jerry Primus 657-3671 04/04/95 04/04/99 4 Years 701 Immokalee Drive [mmokalee, FL 34142 District: 5 Category: Bm[ness in 7one Edgardo Teamiro 262-3636 04/04/95 04/04/99 4 Years 1065 5th Avenue North 65?-§542 Nap[es, FL 34102 District: 5 Category: Business in Zone Raymond T. Holland 657-3~71 04/01/97 04/28/01 4 Years 7-380 Tm_fiord Oaks, #12 657-45c~ Immokalee, FL 34142 D ix trict : 5 Category: Martha Lemus ('t,$',Y~ 667-zza8 04/04/95 04/04/98 3 Years .31.3 New Mark.-t Road Immokalee, FL -34142 Dirtn'ct: 5 Category: Busiae~ Ovvller & Resident Den/se Blanton 657-330e 04/04/95 04/04497 2 Years 14700 [mmokalee R. oad Naples, FL 34120 DLrtrt~. 5 Category: R~d~nt Immokalee Enterprise Zone Development Agency Work Phone Apl~t'd ~1~. Date Term Name Home Phone DateRe-appt 2ndvF~Date 2nd Term TLm Nevarez ?~5~c~e 658-3515 09103/96 04103199 3 Years P.O. Box 1032 Dm'aokalee, FL 34133 District: Category: Private hadu.~-y Council 1os~ph Loz~no 657-2742 403 North 15th Stzeet lmmokalee, FL 34142 District: 5 Category: Non Profit Orga~iTadon Ja~es L. Penczykowski 1108 Monroe Street 657-2999 Immokalee, F'L 34142 District: 5 Category: Non Profit Organization l~y K.ipp (~5~&~ 657-2878 112 South l~t Street 657-~1~ Immokalee, FL 34142 ' District: 5 Category: Local Law Enforcement Carol Loss deLara 658-1313 506 1st S~-~ South Immoka~ee, FL 34142 Distri~: 5 Caltgory: C]::~1:~:~r of Comm¢I'ce Gary Harrison 643-8~4S 2800 Nor~ Hor~sho~ Drive Naples, FL 34] 12 ,. Distich: Category: Loca~ Code 04/04/95 04/04/99 4 Year~ 04/01/97 04/04/99 2 Years 04/04495 04/04198 3 Year~ 09/03/96 04/04499 3 Years 09/93/96 04404/99 3 Yea.m No. AUG - 5 WORKFORCE COUNCIL OF SOUTHWEST FLORIDA, INC, 3830 EVANS AVENUE, SUR'E 3-A FORT MYERS, FLORIDA 3,3901 TELEPHONE: (941) g39-4949 FAX: (g41) i~3g-O46S /,~./ FAX TRANSMITTAL ~,:- 7 This 13 page 1 of a ~ page (ransmrsslon. - ..~ _ As requested, tho attached docun'~nt3 ~,ave been t~nsmltted Receipt of your FAX Is ac~owl~ged. f ' . / . - AUG - 5 1997 ALAN W. NEUMAN 1553 South Fountainhead Road Fort Myam, FL 33919 g41-.481.~O20 Fax 941-4.81.6220 E-Mall abent~_Jx, netcom, com Provided administrative leadership and carried out the diracth, es of lhe Lee Counb/Private Indust~ Coundl, Inc. (PIC) for employment end tra[n~g activities in the administration of Ihe Job Training Partnership Act (J'I'~A) and other approved employment and ffainlng actJvit/es. Administered all procedures and ac~/vitJes of the non-pro~it PIC. J:~LL~HLIGH'TS OF QUALIFICAT]O~[~ · Exlon$ive know~edga of employment end Iraining planning prindples, practices, stalJslJcal end other resea~h techNques, program management and fiscal reporting. · Working knowledge of employment end lreirdng program planning, evalua[Jon and operations. · Thorough knowledge of existing employment and Irainir~g legislation at the federal, state and local level. · Ability to analyze facts and figures and to exercJse sOUnd judgement in arriving at conclusions. · Ability to express oneself c/early anti concisely, both orally and in writing, and to public groups. · Ability to establish and maintain effective wot'king relationships with staff, program dlrectom, boar~ members, elected officials end oLher agencies. · Ability lo exercise mature judgeme~, initi~tfve and tact. ~T H~STORY: April l.q97..Praaenl E. xecu~Jve Director' Workforce Council art SW Florfde. Inc. July 19gl.April 1~97 Self £mployed~'Coneultant A & B Er/terprfaee, /nc. · ConsuHin~marketing ~ Mye,"a, FL. service for sma~ bus,mss m~or local o~erfiza(~or~s regarding err~oloymant and Iraining issues, rr',a~agement and budget de',eeh:~:~l'mnC Al~fl l.~a~-.Jurm f a~l Exe~ut. lv~ Dlrec~r Lee Couf~, Private Indu. m~y Council, Ir~. Lee Co. Dept. of Employment & Training · OeYelopea and Implemented strategic plan to establish He Lee County pr~ata Indust~ Coun~l Irx:. as a non-pmffi agency. · Adrn~nisterad the feder'~ granls for He PIC for err~oyn'mr~ ar,,d tinning programs provtdec/ under JTPA Fom~utated and implemented Ihe lechnic~ a'~d adrr~istra~fve ctelal~s for e~nt a~ ~a~i~ program ~n~. ~n~ negot~ ~ s~a~om, ~g~ ~al~tions and ~ram o~ti~s. O~amzed ancl coordinates the stay,ties of t~e PIC, ~,hic~ included mslxx' developing raconYr~endafions arid a~ Ihe de~ed plans and ecl/ '--.o. AU6 - 5 Pg-~ FILE No.~O 07,4)7 '97 IO:,L9 ]D:kCRL'FQRC£ CO. IL FF4X:9419390d~ PCGE Alan W. Neuman · Inleracled wtlh the PIC Boan~ of Directors consisting or' Loc~! Business Professionals, Cornmunrly Leaclers, and Elected OfficialS, · Se~ecl es llalso~ b~n the PIC, ~ Reg~-~i Emptoymenl and Training off'.::es and the Office of the Governc~. State of Florida. · ,Supene.se~ I~e preparation of afl requital plans and revision of plans fo~' JT'PA and olher spec~ sports, es needed. · C..4:x~dinale¢l and implemented efforts w~ p~mary and secondary educational institutions Io crea. fi.ve~y fund and staff progrart'~ to secvlce speciN needs POpulalions. Jansen-! '/ g7~-March 1,985 Dlr~ctor and A~aY. O/rector of Emp/oyment ~nd Training Lee Courtly Boa~l of County Commie.closers, For~ Myers, FL · In!eraSed wfth state, tocal elected officials and Department of Labor to successfully establish PIC as a non-profil corporation. · Jmpi'emenled standards. H.R. functions, policy and procedures in conjunclion w~th PIC, Board of D~remors. April fgaT-pre~ant Cornmunlty Involvement · Appoinled to the inilie! ,Jobs and Educ. itflon Psrtnershio (JEP) workgroup (Ocl. lggS) Io formulate the Regional Charier. · !nslrumental in the formation of the five (5} coun~ Wockforce Council of SW FL, Inc. · Currentty serving on the JEP/VVorkforce Coundl One Slop Propose! Committee. · Curmnl Board Member of the Mayor's Alliance for per'son, wllh disabilities. · Pasl V~ce Pmsidenl of tile Assoc. tat~on of Provider Organizer!On. ' Past Chairman of the Dunbar Ente,"pnse Zone Commission · Pis/MemBer of the Edison Community College ('ECC) Business Advisory Board. · Pest Merrier of the Economic Development CosilY'ties, SW Regional Planning Council. BS, Bu$//~ess 4~n'x~i~t/~tlo/~, Oh,~o State Univers/h/, ColulTIbus, OH References aveilable upon request AUG - 5 1997 Pg ·.~__~ SENT B¥'.CC HOUSZ~6 ALrI'HOR]TY ; ~-13-g1 ;1O:I.AX g41~43~331;~ ,AGENCY INcJJ 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NAPLES, FLORIDA PLEASE ENTER MY NAM~ FOR CONSIDERATION TO SERVE ON THE I[N'TERPRISE DEVELOPMENT AGENCY COMMITTEE. I AM A FIFTY YEAR PLUS P. ESIDENT OF IMMOKALE~ AND COLLIER COUNTY AND A BUSINESSMAN FOR THE PAST 28 YEAJ~ (]IVE~ I,,(E INSIGHT IN PROBLEMS FACED BY THE COMMUNITY. I AM VERY INTERF-~TED IN KEL~ING THIS TOWN TURIN TRE CORRER AND LIV~ UP TO ITS FULL POTENTIAL. THANK YOU FOR YOUR CONSIDERATION. " I'~rY-2~,'97 TL~ 1,1:I1 ID:CCLL.[ER EXT,. ~C. TEL I~: Phone: DENISE LUJAN BLANTON 14700 Immokxl~ Road Naples, Florida 34120-1468 (941) 353-4244 B.S. in Home Ecorx:xni~ EducaIkx~ in 1971 (graduaIed Magna Cum Laude) - Florld~ State Univcrgty, lqorida State Te~chcrs Schoh.,'~p M.S. in Family Reb, dorts/Adult Education in 1975. Florida State U~vcrsity, Misters Fellowfl,.ip Ph.D. candidate. Adult Education with Emphuis in Community I..cadcrship, University oir South Florida C-r~uale Counc~ Fcllow,lhip - May 1991 WORK HISTORY University of Florida, Cooper~tivt Extension Service, County ~ion Di~or, ~ ~, i~l- prat Ur~versity o£ Floridt, Cooperative Ex'tension Service, Home Economics Agent III, Program I..~ader, Collier County, 1975-1991 Norfolk City Schools, V'trg~nia, Home Economics Teacher Secondary l..cvc[, 1971-74 Monzoe County Schools, Florida Home Economi~ T~acher Secondary Level, 1971-72 PERSONAJL POSITION DESCRIPTION 1.3.rr~ P..e~rce Mana~emen! program ravels fm'nilies living in public housing complexes, specific~ly 491 families living in Ftrmworkers Village, 30 families in Seminole Indian Tribe HUD projecl, and 60 £m, nili~ living in thc Cn:x)rge Washington Carver complex in Naples. Working cooper~ively with county, si,ge and private resources to expand atfordable housing which is a critical n~'td in Collier County is also a priority. ~ includes organiz~on of L. am to Lead which iavoh,,~ aa 1 l-week series sad pm:~ exl:~rienc,~ to do,~.lop commun~ Icadcrt The Comer Cou~ Agn~ Woo~ l'a:twork is a.n ongoing effi:~t to provide le. ader,~ip deveiopme~ from aa orgaaizafiorad perspective to · special target HONORS GIRl. S, I~C.. OF COLLIT~ COUNTY: 199:t - 'She Kr, ows V/acre She's Going" Awed FLORIDA ASSOCIATION OF EXTENSION HOM:I: ECONOMISTS: 1 ~0-~ Fellowship Nomin~ Subj~--t Matter Awards: (19119-Housing 191T-Energy; 19g6-1.,~adcr~hip; 19g4-C.o~umer Educatio~ 1982-Housin~. 198I-R4:source Management); 1980-Rookic of the Yem'. NATIONAL ASSOCIATION OF ~.XTENSION HOI~E ECONOblIS'I'S: 19lg-~ Seawic~ 19~?-Pu~e A~LrS Aw~'d b~ ~a~m FLORIDA HOME ECONOMICS ASSOCL4TION: 1988-Cert~ec[ Home Ecooom~; l~5-Homc Ecooom~ of the Year in Extension No. AUG - 5 PROFESSIONAL ORGANIX-.ATIONS: Flor~d~ A~o<~tlon of Ex'ten, on Home Economisu - 1977-curr~t: 1978 - Inequi~ Commi~l~e, State County Commi~sloners Program 1979 - l~,ecn.fitm~t Committee, Vice ~ 19~ I - Public Affaln Committee I982 - R.ookie Awltrd C.,onm~'~ee 1985 - Public A~Jrs C'h~nna~ Sprig Meeting Program Prcscmor. F~II SACC ~it ~ 1988 = Public Afl. dr1 Cl'~inna~ Stye Leg~ttlve Projec~ Coordln~tor Natic~tl A.uociation ot'F. xtct~on Home Economisu Home ~s Association COIVI]HIYNITY ORGANIZATIONS: !~adm-sb~p Cord~. Class of 1991; Social Issues Chair 1992; Altunni Education 1995 YMCA: 1990-curre~ I?-_?_.~tive Commlnee At Large Director, ImmoksJee Task Force Chair David Lawrtame Mental Health: 1986-87 Plttmin8 Commhtoe; 1988-92 Secretary Imrnot-.le~ [mera~ency: 1980 Cheer Memb~, 1981-92 Secr~ary; 1981, 1982, 1085 Coordhmtor, 1982.46 C.o~rm~',jty Tour Pockc. t of Povcrty Committee: 1988-91 Contract monitoring for $I million grtnt for tffordable hou~g Conaun~r Credit Counserm8 Service o£Colli~r: CIm~er Presider 1989-90 Conier County ~ of'Women Vote,s: 1985 Second V'me Preside.; 1986-87 Firsl V'~e 1990 SHe Leghlat~ Delesge Lmmoir. alee Sim, ice Prosram~: 1976-current Charier Mcmb~. 1910-81 Prealdcnt; 1986-87 V'w.e PAPF.,R~ P~D: '"M. ake Th~ A ]",,,".;:e Place to Live,' papm' presented .t NAEHE aunual ~.s.T, ion. 1988. NO ._~ AUG - 5 1997 Pg. ~BOECTIVE: To appoint 2 members to serve 4 year terms, expiring on Junc 25, 2001, on the Hispanic Affairs Advisory Board. CONSIDERATIONS: This 9 member board identifies ~ evaluates problems uniqu~ lo Ibc Hispanic Community, rrsdews and recommends ways to ensur~ op~ communication ~ the minorities ~nd Collier County Goveramem ~nd provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membersl~p is included in the backup. The Hispanic Affairs Advisory Committee had 4 terms expire on June 25, 1997, and 1 resignation. Four press releases have been issued and resumes were received fi.om the following 2 interested citizens: APPLICANT DISTRICT ELECTOR Pete Cade, Jr. 5 yes Dora S. Vidaurri 5 yes COMMITTEE RECOMMENDATION: A memormadum was received from staff advising that a recommendation would not be forthcoming since the number of vacancies precludes a quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT_: NONE RECOMMENDATIOiN: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to 4 ye~- terms, expiring on June 25, 2001; and, direct the County Attorney to prepare a resolution con.faming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: August 5, 1997 Hispanic Affairs Advisory Board FYork Phon~ ,4p~ot'd ~ D~¢ ttome Phonn DtaeRe-appt 2.ndExpDate Frank Florencio Rodriguez P.O. Box 990244 434-1975 Naples, FL 34101 District: 3 Category: Mireya Louvicre f~r~e~ 5780.10th Avenue, 'S.W. Naples, FL 34102 District: 3 Category: Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: David Correa 11257 Longshore Way Wes: Naples, FL 34119 Dixtrict: 5 Category: Eva Delashmet 4521 Fifth Avenue, N.W. 353-0070 Naples, FL 34102 Diatrict: 3 Category: A.rmando A~a ~)r~[t2 657-7500 P.O. Box 99 ImmokaJee, FL 34143 Dizen'ct: 5 Category: E~gal'do T~'o 43~-5814 1594 Northgate Drive Naples, FL 34105 Dtrtrict: 2 --,, Pedro C. Vazquez o ~ ~o *a- l 640 Almeria Court ~42-1147 Marco Island, FL 34145 District: 1 Category: 0~/01/95 · 06/25/99 04116/96 06/25/99 2nd 2"erm 4 Years 4 Yeah 08101/95 06/25199 4 Years 06/06/95 06/25/98 3 Years 11/14/95 06/25/98 3 Years 07/23/96 06/25/97 I Yea ~ 07/23/96 06/25/97 I Year 01/10/95 06/25/97 2 Years AUG - 5 ~.q7 Hispanic Affairs Advisory Board Work Phone Al~i~t'd ~ Da~e Home Phone DateRe. a~e 2n~F. Xl~Da~e 2nd Teton Manuel Andr~s Laso 58 6th Street South Naples, FL 34102 District: 4 Category: 435-1925 07/23/96 06/25/97 I Y~ar Thi~ g member committee was created by Ord. NO. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic comrm~n/ty, review and recommend ways to enzure open communication between minorities and Collier County government and provMe periodic reports to the Board of County Commissioners. Terms am 4 years. Staff: Ramiro Manalich, Asaistant County Attorney: 774-8400 Wednectday. Jul! 24. 199~ AGE NDA I,,TEH. ~ Ho .~ AUG - 5 ~7 Pg o',~_,~ _ MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Bo~mmissioners Ran~ffro Maflalich, Chie£Assismn! County Attorney July 23, 1997 Hispanic Affairs Advlsor,~ Board - Resumes Submitted for Service We have received your memorandum dated July 21, 1997, with the attached resumes of those persons interested in serving on the Hispanic Affairs Advisory Board. A copy of the information was forwarded to each of the members, but a recommendation from the Hispanic Board will not occur since the number of vacancies precludes a quorum. RM/mrb cc: David C. Weigel, County Attorney AG~NOA - 5 pg. ,ZT/ / MEMORANDUM DATE: July 21, 1997 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistan'~' Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory commitlees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD Pete Cade, Jr. 1903 Leed Avenue t/W/q. Immokalee, FL 34142 Dora S. Vidaurri 611 Nassau Street, Apt.#3 C~,q ~"¢~. ?//&rt"J' L..~ Immokalee, FL 34142 7 Thank you for your help. COMMISSION DISTRICT AGEI~D~/~E~4I AUG - 5 lS97 Pg · ~.._~ DATE: TO: FROM: MEMORANDU]q July 21, 1997 Ramiro Manalich, Assis~nt County Attom~ ey Hispanic Affairs Advisory Board As you know, we currently have 5 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Pete Cade, Jr. 1903 Leed Avenue Immokalee, FL 34142 Dora S. Vidaurri 611 Nassau Street, Apt. #3 lmmokalee, FL 34142 Please let me know, in writing, the recommendation of the advisory committee for appointxnent and I will prepare an executive summary for the Bo~xi's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thaz~ you for your anention to this matter. SF Al~achments AU6 - 5 Et7 Pg · .~.--~ ~301 Tamiami Trail Ic~,-%ions, l:~i ~lc~ Io sf~..k .~o.stic~ sod c~ia, li ty thrc~ fph posig-,~., civil mclbods. I ~hink wl:~J1 ~: 811 a ch&usc~ sppt'uach ~ have made life ju~ a Ihfle ct~n.. Pete Cade I ~)3 ~ A~ ~ FL 34142 (941)657-1763 EmoloYment History October 1994- Preset Stafl'Wri~r. The t,~,~aJee Bulletia; Assigmxl to an research for local t~-wspaper with · cLrcuL~oa of 4,000 copi~ c~:h ~ March 1991- 1994 ]lducation Data EntF~/FILe lc~Scafion, lac.; Dm, ies en~Lled com~e~on of ~mptoyet 1-9 and W.4 forms as to a coUecxf~m ~f hrms &ud a~ric~ltur~ corpor~o~s fa' paTroU purposes. 1990 1991 - May 1~94 Act~v~ck~ · 1996 member of the Immokalee Civic A.twc~atlon. served as secreury. · CurrentBoardMemberofThelmmokal~ePop ~ta, nerLeague Mrs. Sue Adminkttative A.~is~mt Bottrd of C~ ~ssi~e~ 3301 T~ T~ E~t Napl~, ~ 34112 611 Nassau Street Apt. #3 Immokalee, Florida 34142 (941) 658-2052 ?7 Dear Mrs. Sue Filsor~ I am aware that the Hispanic Affairs Advisory Committee has five vacancies. I am a very versatile person, ready to speak for the Hirpanic community. A~ you will note on the enclosed resume I am bilingual, and feel I am capable of organi?ing and coordinating projects for the Hispanic community. Knowing that th. is position is available, I hope that I will hear from you sobn. Or ~ upon reviewing my letter and resume that I aah the per~m you need, call mffat the number listed above. Thanking you most sincerely for your time and consideration. Cordially, Dora S. Vidaurri Au$ - 5 1997 Dora S. Vidaurri 611 Nassau Street Apt. Lmmokalee, Florida 34142 (94 I) 658-2082 JOB OBJECTIVE To demonstrate high performance standards including attention to schedules, deadlines, and quaLity of work. EDUCATION QUALI2qCATIONS AC HTEVE3,fENTS ORGANIZATIONS EM~PLOYMENT Edison Community College (Current Student) Southwest Florida Criminal Justice Academy (Certified Correctional Officer) BLtingual Self-motivated-experience in conducting all phases of office procedures, organizing, and coordinating projects for maximum efficiency. Progressive development of excellent interpersonal and communication skills. AbiLity to work independently and institute creative improvements which allow better management work flow. 1997 Florida Law Enforcement Games Gainzville, Florida Crc¢~ Country 5-K Run Third Place (Bronze Metal) Collier County Sheriffs Ci~zen's Academy 3301 East Tamiami Trail Naples, Florida 34112 Florida Cotmci] on Crime and DeLinquency Post Office Box 71037 Ocala, Florida 3/J,471 Hendry C.I., Correctional Officer, Oct. 95 - Currrnt Royal's Inc., Credit Collector, June 95 - Feb. 96 Oak Haven Apts., Assistant Manager, Nov. 93 - Ag,: 1 92 c-, __ Two A~soci~ in Science Degree~ (Par~i¢i~J ~ Correct/~s) Pre-Law. REFERENCE Available upo~ request. ~GENDA ZT'E,~ I - AU$ - 5 P~. // MEMORANDUM DATE: July 28, 1997 TO: Robert F. Fernandez, County Adminiraator FROM: Timothy J. Constantine Commissioner, District 3 RE: Ordinance 96-6 - Utility Regulation Ordinance I intend to introduce a motion to reconsider the Utility Regulation Ordinance at the August 5. 1997 Board of County Commissioners meeting and will place tl~s request under Board of County Commissioners. Timothy J. Comntantine Commissioner, District 3 TJC:cb cc: Board of County Commissioners !,!::. AUG S mT J AGENDA ITEM TRANSMITTAL SLIP Date Submitted July 3!, 1997 Requested Agenda Date: .. Auqust 5, 1997 APPROPRIATE HEADING (CIRCLE ONE): (4) Approval o! minutes, (5) Proclamations & Presentations, (6) Clerk, (7) Put~c Peffiions, (8A) Community Development & Environmental Services, (8B) Public Works, (8C) Public Services, (SD) Sur"13ort Se~'vices, (8E) County Manager, (9) Attorney, (10) BCC, (11) Other Constitutional Officers, (12) Pub6c Healings, (13A) BZA Pubr~c I-lea~tgs, (138,)~Cond'rtional Use, (14! BCC Communk;atJons, (15) Staff Communications, (16) Consent Agenda -~ Fi6ance Director Division He~l~,._~[ .J3 1.1%\~ _w,, .,~ Date 7/31/97 Manager ~, Sheriff Item T~e Date .,, Date FY 1997 State Criminal Alien Assistance Proqram List of Documents A~ached I. E~ecut~ Summary (required) 2. r.et.~.er 8/95-S13 ~CUTIV~ SUMMARX Pd~COM~N-D THAT TH~ BOARD OF CO~y CO~ISSIO~RS A~ORIZE T~ S~RIFF'S OFFICE TO ~PLY FOR ~S ~ER T~ STATE CR~IN~ ~I~ ASSIST~CE PROG~ (SC~). Q~CTI~ TO seek consent from the Board of County Co~issioners for the Sherikf's Office application for f~ds under the State Criminal Al~en Assistance Priam (S~P) . ' ' 1. Under the fiscal year 1997 ~ibus Appropriations Act (~b.L. 104- 208), the State Criminal Alien Assistance Pr~ram (S~), a~inistered by the Bureau of Justice Assistance (BJA) has a~ounced the availability of funds for rei~ursement of costs associated with the incarceration of aliens. 2. Eligible applicants that exercise authority with respect to the incarceration of an undo~mented criminal alien in a facility that provides se~re, overnight ~stody of i~tes for periods extending beyond 72 hours can apply for Federal assistance. 3. Wi~h approval from the County Co~ission, the Sheriff will exe~te a focal application for Federal f~ding for forei~-bo~ inmates who have been in ~stody at s~e point between July 1 1996 and June 30, 1997. , 4. Eligible i~ates have a forei~ coun~ of birth and have been in ~stody and convicted of a felony or two misdemeanors. 5. Not all forei~-bo~ i~tes whose records are s~mitted will be dete~ined to be rei~ursable aliens ~der the law. 6. Final eligibility will depend on the i~ate being verified by I~lsratlon. and Naturalization ~e~lces (INS) as an ~do~ented criminal al~en or as othe~lse ell - · . f~ds based on which fo~-~ .... ~g~ble% BJA detu~lnes the awarded -=~-mu~ ~ues are eli ible len year. p ~ Potential award of funds incarceration of aliens. This would be required local match or other expenditure. for costs associated with an outright award with no GROWTH MANAG~NT~ No recurring costs for subsequent years. ~C0.~ATION% That the Board of County Com~nissioners consent to the Sheriff's Office application for funds under the State Criminal Alien Assistance Program (SCAAP) . PREPARED BY.. i. ~ . ~.',~ I%~.% Ir' -'/ ' · , D~ector July ]1, APPROVED BY= DATE: U ITEM FILE NO.: ROLTFED TO; Date: ~ulv 31. 1997 DATE RECEIVED: REQUEST FOR LEC, AL SERVICES To: Office of the County Attornex Attention: Tho~a~ Palmer. {~.) ~',~,- ' ~~irector (Title) Sheriff's 0~ffic9 {Di~l.io~) --~J~ivisioq Re: ~97 State Criminal Alien Assistance Pr~ra~ Es~, BACKGROUND OF REQUEST/PROBLEM: BJA has announced the availability of funding from the State Criminal Alien Assistance Program (SCAAP) for fiscal year 1997 (July 1, 1996 June 30, 1997). In order to comply with a BJA requirement, a letter from the Chairman of the County Commission indicating the Chairman, s approval of the Sheriff as the "official applicant, needs to be included with the Sheriff,s SCAAP funding request. The Executive Summary and letter are attached for your review. Cm~ficatio~ Of Pa~lcl~ati~ (Be ve~/ -pectfic. ldan~lfy e~ctly w~t y~ need in th. way of legal se~ice~. ) ~ Legal approval of the delegation letter. 0~ OTHER COHMENTS: ~- C: Don Hunter. or Co~ct=u=io~l Officer. ) Jh/a:sclefm 3301 E~ Tam,mi Tail · ~. F~da 34112-4977 (941) 774-8097 · F~x (941) 774-3602 July 31, 1997 SCA~ 97 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Officer For SC~ application Gentlemen: Pursuant to Che Bureau of Justice Assistance (BJA) SCAAP compliance requirement, I, as the Chairman of the Collier County Board of Commissioners, approve and designate Don Hunter, Sheriff, Collier County, Florida, as the "authorized signing official, for application for FY 1997 State Criminal ~lien Assistance Prcx3ram (SCAAP) funding. Sincerely, Timothy L. Hancock, Chairman Collier County Commission a:scbcde EXECUTIVE SUMMARY PETITION PUD-97-5, MR. WILLIAM L. HOOVER, REQUESTING A R.EZONE FROM AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ZURJCH LAKE VILLAS PUD FOR PROPERTY LOCATED ON TI{E EAST SIDE OF 1-75 Al/ID APPROXIMATELY THREE-QUARTERS OF A MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 30, TOWNSHn:, 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, CONSISTING OF 44.36 ACRES MORE OR LESS. This petition seeks to have cee, aN property rezoned from "A" Agricultural to "PUD". CONSIDERATIONS: The preposed Zurich Lake Villas PUD lays out a develepment scheme consisting of 294 condominium units with accessory recreation amenities, lakes and other open spac~ on a total land area of 44.36 acres more or leas. The entire ~a'ea is vacant land with site vegvaxion consisting of palmettos, grape vine and other vegeuaiom The site is heavily invaded with exotics, and includes three wetland areas totaling 11.1 acrez. Together with the green area (9.8 acrez), lake~ (6.7 acres), and water management areas, qualifying open ~ exceeds sixty (60) tx/cent of thc gnyss area. The adjacent propertie~ to the north are undeveloped a~l includes an 18 acre lake (borrow pit). This agricultural zoned area is located within a density band and is cligible to receive a range of up to 3 additional dwelling units per ~'re. This area is also jug routh of thc Interchange Activity center that has been ~proved for coa~u~ercial pUD uses. To the east is a 60 foot wide canal and the part~ally developed Golden Gate Eslatc lots. The density of ~fis area is ~uthorized st I dwelling unit per 2 ¼ acres. To the no,'lheasl is the N. Naples Baptirt Church. The south side of the project is undeveloped agriculture land tha could be developed at 4 units per acre. To the wesl is the 1-75 freeway. The tn'oposed project density of 6.63 dwelling units per acre is consistcat with the density rating system comained in the Future Land Use Element (FLUE) ~ is based on the following relationship as noted below: Base Density +4 dwelling units per acre Activity Crater Density Band +3 dwellin? units _tm? Maximum Permitted Density +7 dwelling tmlts per acre Because the site is localed within a density band, thc Board of County Commissioners may approve three (3) additional dwelling units per acre for a total of seven (7) per acre. The intent behind providing a dem.'ty bonus is to encourage development of there parceLs to take advantage of existing public facilities ~ utilities available to the area, and to discourage development urban areas and into rural areas of thc county. Since, the requested density of 6.63 umits i ~,lJ~i 0 5 1997 than what the site is eligible to receive by the FLLTE and its density rating system, this petition is therefore consistent with thc Growth Management Plan. It should be noted that the Board Of Count)' Commissioners has reviewed similar rezone requests withfr "Density Bands" wber~ there is an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. Notwithstanding the above, staff in reviewing the dctermioants for adequate findings to support a rezoning action advise as follows: .~ discussion of compatibility, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The proposed PUD Master Plan illustrates a development at a density (6.63 urfits per acre) that is consistent with the GMP and is slightly less than the 7 units per acre that otherwise could have been requested. The proposed master plan limits thc location of future dwelling units to the internal portions of the site and is surrounded by preserve areas. The proposed preserve area will encompass 11.I acres and is located around the perimeter of the PUD to buffer the project from 1-75. It will also keep residential l~,~d uses from encroaching near the Estate zoned properties to the east. These buffers areas will include additional natural habitat preserve areas so that nearly the entire site is bordered by retained vegetation. Not only does the eastern preserve area along the 60 foot wide canal act as a buffer area, it will also serve (for all practical purposes) as a setback of over 150 feet from the eastern PUD boundary and from the Estates zoned lands to the west. Furthermore, to improve compatibility, the PUD document's stated intent is to construct condominiums with a common architectural theme that provides a maximum height of 2 stories. This should prevent residents in the Estate lots from seeing any of the proposed residential units. The proposed use is also compatible with the North Nap!es Baptist Church which is east of the canal and north of 18~' Avenue NW. Since the Estate homes in this area have large wooded areas of over I00 feet, this area acts as an additional buffer. Lastly, the land to the south contains a vacant 9 acre parcel that abuts an existing snake farm. The petitioner states that a medium density project is needed to offset the cost of extending water and sewer lines from Immokalee Road. The PUD development strategy is one that would allow a single family, two family and multi-family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the stand'aMs for conventional residential zoning districts. It should be noted that the petitioner indicates that the project is intended to be developed v,4th multi-family condominium units. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes. Since the adjacent property to the north is within a density band it is anticipated to be developed with similar multi-family dwelling types and density. Furthermore, a multi-family condomirdum project is generally more compatible with an adjacent interstate highway due to the high level of noise gev, crated by the Kighway. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the 1-75 Activity Center which is Y, of a mile north of the proposed community. After considering the availability of cornmunity infrastructure and services it is clear that the development of the subject property is timely and consistent with theFL~. 2 The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,473 weekday trips after trip adjustments for seasonal occupancy. The trip assignment also indicates that 55 percent or 810 trips will turn north onto Oaks Boulevard while 45 percent or 663 trips will turn south. Based on this data, the number of vehicular trips generated by this project will exceed the significance test (5 percent of the LOS "C" design volume) on Oaks Boulevard between Immokalee Road and Vanderbilt Beach Road. However, this segment will continue to operate at LOS 'C' and is projected to continue to operate at an acceptable level of service at the build-out of this project. In addition, Oaks Boulevard functions as a minor collector road serving the north/south traffic from Immokalee Road and Vanderbilt Beach Road. The current traffic count for Immokalee Road within the project's radius of development influence (east of 1-75) is 16,223 which results in LOS "B" operation. The planned roadway h-nprovements to Immokalee road will insure that th.is segment will continue to operate at an acceptable level at the build-out of this project. It should be noted that 18~ Avenue Northwest and Oaks Boulevard primarily serve low density "Estates" zoned residences along that road. Therefore, it is staff's opinion that the intensifying traffic conditioN, on tb]s segment of Oaks Boulevard due to this project may at times give rise to inconven: :ricing neighborhood residents on this road segn~ent even though the road will operate at aczeptab'c levels. As a result, ~aff has conducted a comparative analysis of densities to determine amount of units that cz, uld be built before the site generated trips exceed the significance test on Oaks Boulevard. The process of limiting or phasing the numl~x of units to limit the site generated trips below 5 percent of the road's LOS "C" design volume would normally be a staff recommendation if Oaks Boulevard were operating or projected to operate below its adopted LOS standard. Based on this analysis, if the project were limited to 4.6 dwelling units per acre or 204 units, the site '~,ould gene~te 968 trips. Using the above referenced trip assignment, 55 percent or 532 trips will turn north onto Oaks Boulevard while 45 percent or 436 trips will turn south. In this scenario, the site generated trips will not exceed the significance test after trip assignments. This represent,~ 505 fe~ver tx/ps per day than the proposed PUD at a density of 6.63 units per acre. However, the petitioner indicates that a lower density development is not marketable due to the site's proximity to 1-75 and existing site constraints. The petitioner ,also contends that a lower density development will increase the cost of extending water and sewer lines from Irranokalee Road which may hurt the viability of the project. Given the fact that Oaks Boulevard is projected to operate at LOS "C' at the build-out of this project even if the project is developed at 6.63 units Pey acre, it's staff's opinion that a l~rge reduction in the rite generated ~ is not needed, however, a ~nall reduction in density will improve compatibility with existing iow density development to the east. This reduction has to be weighed against the existing ~ite constraints (~ch as 1-75 and the Immokalee/I-75 Activity Centex). Under these constraints, a medium to high density multi-family condominium project is deemed to be more compatible with the high level of noise generated by the highway. Therefore, if the project were developed at ~ix (6) units per acre or 266 dwelling units, the ~ite generated traffic would be 1,265 weekday trips. This results in 301 fewer Irips per day fxom the maximum allowable density and 208 trips less than the currently propo~ petition. As a result of this analysis, staff Is supportive of the proposed development at a denst~ of slx (6) units per acre which reduces the tm/Tic Impacts en Oaks Boulevard by over 200 trips per day. In addition, the Transportation Department has stipulated that all the committed turn lane improvements shall be in place prior to the issuance qf=~._te~_ of Occupancy for the project. In addition, if the construction traffic is shown to cause ~ ! 3 I AUG 0 OlX~tional problem at the intersection of 18* Avenue NW and O~ks Boulevard, the turn lan~ may be recluir:d in advance of construction of the remaining project. This petition was also referred to staffwith jurisdictional responsibility for reviewing land use petitions for consistency with certain elements of the GMP. The environmental review indicate~ thai rmive vegetation preservation or re-vegaation requirements of the LDC will be achieved by the desig~n for preservation areas, therefore the Conservation and Open Space elements of the GMP will be ac~eved by the PUD development strategy. The subject property is readily accessible to a whole range of community facilities and via Oaks Boulevard and it's connection with Immolc~ee Road which provides shopping, medical and fire protection all within a short driving distance. Both water and sewer facilities are available to the property and will be extended as a consequence of future platting and/or SDP approval. This review supported a finding that an action to rezone the property to the PUD zoning classification would be consistent with applicable elements of the GMP. The Collier County Planning Commission reviewed this petition during their public hearing on July 17, 1997. By a vote of 8 to 0, they forwarded Petition PUD-97-$ to the Board of County Commissioners with a recommendation of approval subject to limiting the density to 6 units per acre. Based on the above analysis, the following conclusions can be reached. The proposed rezoning of the subject properly from "A' Agriculture to PUD to allow for multi family residential development is consistent with the FLUE of the GMP. The proposed density of 6.63 units per acre is consistent with the GiMP's density rating system for projects located in the Urban Mixed Use sub-district and in the Density Band as designated in the FLUE. However, the proposed density is more intensive than a majority of the r~sidential development in the immediate area. The Estales Zoned land lo the cas! permits one dwelling unit per 2 ¼ acres. The Board Of County Commissioner,~ has reviewed similar rezone requests within "Density Bands" and has an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate 3. A multi-family condominium project is generally more compatible with an adjacent interstate highway due to the high level of noise generated by the highway. 4. The PUD requires that the project be developed utilizing the architectural theme requirements for a unified design. The proposed condominiums arc also limited to a maximum height of 2 s~ories which is compatible with the surrounding development. Furthem~ore, the preserve area along the canal will act as a buffer forcing structures to be setback over 150 feet from the eastern PUD boundary. This should reduce traffic noise and prevent residents in the EstaTe lots from seeing any of the proposed residential units. times give rise to inconvenic-ncing neighborhood residents. Therefore, reducing the density to 6 units per acre or 266 units in total will reduce the traffic impacts on Oak~ Boulevard by over 200 trips ~ day from the proposed pmjecl md over 300 trips less from the maximum of 7 units a~re. This may allay any percdved deficiency in the adopted level of service. Currently, the surrounding properties lo the north and south are vacant and is anticipated to be developed with a similar multi-family project. To the east is the existing Estates single family subdivision. The Board of County Commissioners has the oppommity to determine the density based on what's appropriate for this site and the adjacent area. The CCPC findings related to the application to rezone to PUD and the development standards specified in the PUD document support a recommendation of approval with the provisiori that the density be limited to 6 dwelling units per acre, rather than the requested 6.63 dwelling units per acre. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Sta~s analysis indicates that the petitioner's prop~'rty is located outside an area of historical and an:haeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Plarming Comm/ssion recommends approval of Petition PUD-97-5, being an application to re. zone certain property from "A" Agricultural to "PUD" subject to limiting the density to ;ix (6) units Her acre as described in the Ordinance of Adoption and Exh/bits made a part of this executive summary. .AUG 0 S 1997 PREPARED BY ~Yi~.LOWS PRINCIPAL PLANNER DA'51'~ ~ REVIEWED BY: /"Z ~~ _ ~_ /~ .,:. ~ R6Sr.~r J. MULHERE, MC?, MANAGER DATE DONALD W. ARNOLD, AICP, DIRECTOR DATE P . SE~VI _CESD PARTMENT ~-o~ ~'~/~ VINCENT A. CAUTERO, ADMINISTRATOR DATE CO~IUNYI~ DEV. AND ENVIRONMENTAL SVCS. PUD-97-5/EX SUMMARY/RVB/tb AG2~EA.I~ No. ~ AUG 0 5 1997 TO: FROM: DATE: BE: AGgNDA ITE~ 7-g COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION JUNE 23, 1997 PETITION NO: PUD-97-5, ZURICH LAKE VILLAS PUD OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning Shoppe 2223 Trade Center Way Naples, Florida 34109 Smiths, Sykes/Bloom, Ryndera/Hoover 305 Wedge Drive Naples, Florida 34103 REOUESTED ACTION; This petition seek~ to have certain land as herein described rezoned from its current zoning classification of "A" Rural Agricultural to the "PUD" Planned Unit Development district. GEOGRAPHIC LOCATIQ~l The property is loca!_~_ on the east side of 1-75 and opposite 18~' Avenue N. W. in Section 30, Township 48S, Pa:ge 26E. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT- The proposed Zurich Lake Villas PUD lays out a development scheme consisting of 294 condominium units with accessory recreation amenities, lakes aad other open spaces on a total land area of 44.36 acres more or less. AUG 0 5 3997 : AUG 0 ~ 1! SURROUNDING LAND USE AND ZONING~ Existing: Surrounding: North - The entire area is vacant land with site vegetation consisting of palmettos, grape vine and other vegetation. The site is heavily invaded with exotics, and includes three wetland areas. The land is zoned "A" Agricultural. To the north lies undeveloped land except for an l ii acre borrow pit. This agricultural zoned area is located within a density band and could be rezoned at a density of 7 units per acre. To the east is a 60 foot wide canal and the partially developed (3 to 4) Golden Gate Estate lots. The density of this area is authorized at 1 dwelling unit per 2 ¼ acres. To the northeast is the N. Naples Baptist Church. South - The south side of the project is undeveloped agriculture land that could be developed at 4 units per acre. West- To the west is the 1-75 freeway which has a right-of-way width of approximately 500 fee~. PLAN CONSISTENCY: Project lands are located with the Urban-Urban Residential-Mixed Use designated area on the FLUE. Map to the GMP. A consistency analysis with applicable elements of the GMP is as follows: ~ - The project density of 6.63 dwelling units per acre is consistent with the density rating system contained in the Futere Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density +4 dwelling units per acre +3 dwelling units per acr~, +7 dwelling units per acre Because the site is located within a density band, the Board of County Commissioners may approve three (3) additional dwelling units per acre for a total of seven (7) per acre. The latent behind providing a density bonos is to encourage development of these parcels to take advantage of existing public facilities and utilities available to the area, and to discourage development outside existing urban areas and into rural areas of the county. Since, the requested density of 6.63 units per acre is less than what the site is eligible to receive by the FLUE and its density rating system, this petition is therefore consistent with the Growth Management Plan. . Pg. Yraffic Circulation Elemen! - The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,473 weekday trips after trip adjustments for seasonal occupancy. The TIS indicates that the project trips exceed the significance test (5 percent of the LOS "C" design volume) on Oaks Boulevard between Immokalee Road and Vanderbilt Beach Road. However, this segment will continue to operate at LOS 'C' and is projected to continue to operate at an acceptable level of service at the build-out of the project. In addition, Oaks Boulevard is a minor collector road that serves as one of the primary means for residents (in the Vineyards and surrounding area) to get to Immokalee Road and the 1-75 interchange. The current traffic count for Immokalee Road within the project's radius of development influence (east of 1-75) is 16,223 which results in LOS "B" operation. The planned roadway improvements to Immokalee road will insure that this segment will continue to operate at an acceptable level at the build-out of this project. Therefore, th. is petition is consistent with TCE policies. A comparative analysis of various densities and dwelling types has been provided in the Analysis Section of this staffreport. Conservation and Open Spac{:. Acreage qualifying as wetland total 11.1 acres. Together with the green area (9.8 acres), lakes (6.7 acres), and water management areas, qualifying open space exceeds sixty (60) percent of the gross area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Managemenl - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes fi'tis petition consistent with this element of the GM/'. I:LLq.-T~RI C/A RC H AE 0 L O G I CA L IMPA CT~ Staff's analysis indicates that the petitioner's properly is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Aa'chaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other constraction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCi-LIR~.~ The subject petition has been reviewed by the appropriate staffreslaomible for over~ight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. The petition was reviewed by the EAB on May 7, 1997 and they recommended approval subject to certain · ,,. .... ~, ui rc~ pr.ov]slons to ensure comphance with DC n~x]~ and these are also :ncluded :n the PUD regulat:ons. I} ~ [ AUG05 1991 · ,../c> Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion &staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination &compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analy2ing the relationship of the rezoning action to the long range plan for future land uses. It should be noted that the Board Of County Commissioners has reviewed similar rezone request~ within "Density Bands" where there is an opportunity to approve a range of up to a three (3) additional dwellinR units per acre when deemed appropriate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as followx: Relationship to Future and Existing Land UseA - A discussion of ti'tis relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As reported above the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan illustrates a development at a density (6.63 units per acre) that is consistent with the GMP and is slightly less than the 7 units per acre that otherwise could have been requested. The proposed master plan limits the location of future dwelling un/ts to the internal portions of the site and is surrounded by preserve areas. The proposed preserve area will encompass 11.1 acres and is located around the perimeter of the PUD to buffer the project from 1-75. It will also keep residential land uses from encroaching near the Estate zoned properties to the east. These buffers areas will include additional natural habitat preserve areas so that nearly the entire site is bordered by retained vegetation. Not only does the eastern preserve area along the canal act as a buffer area, It will also serve (for all practical pnrposes) at a setback of over 150 feet from the eastern PUD boundary and from the Estates zoned lands to the west. The PUD's stated inttnt is to construct condominiums with a maximum height of 2 stories, This should prevent r~idents in the Estate lots fi.om seeing any of thc proposed reside ,tint uni~ The PUD development strategy is one that would allow a single family, two family and multi-family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands tO the east. The adjacent property to the north and south is zoned agriculture. As a result, the surrounding density is low, however future rezoning to residential land uses with a density between 4 and 7 unit~ per acre is anticipated since the land is within the 1-75 Activity Center and density band. For example, the vacant agriculture land to the north is eligible to receive 3 additional units per acre to the base density for a maximum of 7 units per acre. It contains an 18 acre borrow pit (lake) which may result in a transfer of density to allow the clustering of units to the east of the lake. As noted above, the project is designed around a large preserve area along the east property line which serves as a buffer for the Estate zoned properties to the east. In addition, a 60 foot wide canal and easement separates the subject property from the Estates Zoned property. The proposed use is also compatible with the North Naples Baptist Church which is east of the canal and north of 18~ Avenue NW. Since the Estate homes in this area have large wooded areas or over 100 feet, this area acts as an additional buffer from land to the west. Lastly, the land to the south contains a vacant 9 acre parcel that abuts an existing snake farm. The petitioner states that a medium density project is needed to offset the cost of extending water and sewer lines from Immokalee Road. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibility in dwelling types with adjacent land areas. In addition, a multi-family condominium project is generally more compatible with an adjacent Interstate highway due to the high level of noise generated by the highway. To reduce the highway noise, the PUD document provides for a berm, wall fence, or combination thereof adjacent to the 1-75 right-of-way. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the Immokalee Road and 1-75 Activity Center which is ~ of a mile north of the proposed community. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. ~ - The Traffic Impact Statement (TIS) classifies Oak~ Boulevard as a minor collector road serving the local north/south traffic. The TIS indicates that the 294 unit project will generate approximately 1,473 trips on a weekday after adjustments for seasonal occupancy. The trip assignment in the TIS indicates that 55 percent or 810 trips will mm north onto Oaks Boulevard while 45 percent or 663 trips will turn south. Based on this data, the number of vehicular trips generated by this project will exceed the significance test (5 percent of the LOS "C" design volume) on Oaks Boulevard between Im.mokalee Road and Vanderbilt Beach Road. However, this segment will continue to operate at LOS 'C' and is projected to continue to operate at an acceptable level of service at the build-out of this project. It should be noted that 18~' Avenue Northwest and Oaks Boulevard primarily serve Iow demsity "Estates" zoned residences along that road. Therefore, it is staff's op;afion that the intenaif)4ng U'affic .conditions on this segment of Oaks Boulevard due to this project may at times give ~G;;~. t;. _. inconveniencing neighborhood residents on this road segment even though the rc~ [ AUG 0 5 1997 be built before the site generated trips exceed the significance test on Oaks Boulevard. This would normally be a staff recommendation if this road were operating or projected to operate below its adopted LOS standard. Based on this analysis, if the project were limited to 4.6 dwelling units per acre or 204 units, the site would generate 968 trips. Using the above referenced trip assignment, 55 percent or 532 trips will turn north onto Oaks Boulevard while 45 percent or 436 trips will turn south. In this scenario, the site generated trips will not exceed the significance test after trip assignments. This represents 505 fewer trips per day than the proposed PUD at a density of 6.63 units per acre. However, the petitioner indicates that a lower density development is not marketable due to the site's proximity to 1-75 and existing site constraints. The petitioner also contends that a lower density development will increase the cost of extending water and sewer lines fi.om Immokalee Road which may hurt the viability of the project. Given the fact that Oaks Boulevard is projected to operate at LOS "C" at the build-out of this project even if the project is developed at 6.63 units per acre, it's staWs opinion that some reduction in the site generated trips is needed to improve compatibility with existing low density development to the east. This reduction has to be weighed against the existing site constraints (such as 1-75 and the location near a church and the Immokalee,'I-75 Activity Center). Under these constraints, a medium to high density multi-family condominium project is deemed to be more compatible with the high level of noise generated by the highway. Therefore, if the project were developed at six (6) units per acre or 266 dwelling units, the site generated traffic would be 1,265 weekday trips. This results in 301 fewer trips per day from the maximum allowable density and 208 trips less than the currently proposed petition. Taking into account the site constraints that generally require higher densities versus the lower traffic volumes generated by the Estates development to the east, staff Is supportive of the proposed development at a density ofstx (6) units per acre which reduces the traffic impacts on Oaks Boulevard by over 200 trips per day. In addition, the Transportation Department has stipulated that all the committed turn lane improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if the construction traffic is shown to cause a safety or operational problem at the intersection of 18~ Avenue NW and Oaks Boulevazd, the turn lanes may be required in advance of construction of the remaining project. .Utilize Infi.astructur~ - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future planing to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. Commvni~ Infrastructure and Serviceg - The subject properly is readily accessible to a whole range of community infi'~tructure which is erfl~anced by its interface with lmmokalee Road. Shopping centers, and medical offices of v~ous specialties aze all within a short driving distance. Access to Irnmokalee Road is from Oaks Boulevard which will operate at acceptable levels at the build, out of this project. PUD Document and Master Plan: The Zurich Lake Villas PUD document is modeled after a Co~[.nrv lat~ii~d,I,~,8, |. commitments. The PUD contains all of the recommendations of revicwing staff and the EAB. The development standards regulating the placement of residential structures both for individual lots and clustered development are similar to the standards commonly employed in other PUD's, which by actual development practice has produced aesthetically pleasing communities. The PUD also limits the building height not exceed a height of 35 feet or two (2) stories. ]k~e,L,P.l~ -'f'he Master Plan is designed around an extension of 18' Avenue NW which provides a cormection to Oakes Boulevard which connects with Immokalee Road. All committed turn lane improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project. SummaE~ Based on the above analysis, the following conclusions can be reached. I. The proposed rezoning of the subject property from "A" Agriculture to PUD to allow for multi family residential development is consistent with the FLUE of the GMP. The proposed density of 6.63 units per acre is consistent with the GMP's density rating system for projects located in the Urban Mixed Use sub-district and in the Density Band as designated in the FLUE. However, the proposed density is more intensive than a majority of the residential development in the immediate area. The Estates Zoned land to the east permits one dwelling unit per 2 'A acres. The Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" and has an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. A multi-family condominium project is generally more compatible with an adjacent interstate highway due to the high level of noise generated by the highway. To reduce the highway noise, the PUD document provides for a berm, wall fence, or combination thereof adjacent to the 1-75 right-of-way. The PI.J'D requires that the projcct be developed utilizing the architectural theme requirements for a unified design. The proposed condominiums are also limited to a maximum height of 2 stories to be compatible with the Iow density areas. Furthermore, the preserve area along the canal will act as a buffer forcing structures to be setback over I$0 feet from the eastern PUD boundary. This should reduce traffic noise and prevent residents in the Estate lots from seeing any of the proposed residential units. Since I 8'" Avenue Northwest and Oaks Boulevard primarily serve low density zoned land, the intensifying traffic conditions on this segment of Oaks Boulew, a-d as a result of this project may at times give rise to inconveniencing neighborhood residents. Therefore, reducing the density to 6 units per acre or 266 units in total will reduce the traflSc impacts on Oaks Boulcvard by over 200 trips per day from the proposed project and over 300 trips less from the maximum of 7 units per acre. This may allay any perceived deficiency in the adopted te~'el of service. Cun'ently, the surrounding properties to the north and south arc vacant and is anticipated to be developed with a similar multi-family project. To the east is the existing Estat~h~te;'farai ,b,7----.. PP P s site and the adjacent area. ~ -" Yt ? [ AU(~ 0 5 1997 ~ Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval with the provision that the density be limited to 6 dwelling units per acre, rather than the requested 6.63 dwelling units per acre. STAFF RECOMMENDATIOI3[i That the Collicr County Planning Commission (CCPC) r~ommend approval of Petition PUD-97-5 subject to limiting the density to 6 units per acre and the approval conditior~ that have been incorporated in the PUD document and aa otherwise de<fibed by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: CUR.RENT PL ,AN~G MAI~'AGEIL_.~ PLANNING SERVICES DEPARTM~ DI]q. ECTOR VINCENT A. CAUTERO, ADMINIST~ COMMUN'I~ DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-97-5 Staff Report for July 17, 1997 CCPC meeting. PUD-97-5 STAFF REPORT/RV~rb ~ E .~; ~... I :-:Al AUG 0 5 1997 FINDINGS FOR PUD PUD-97-5 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding az to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical chan'cteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this (ii) (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which Rte well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposod. As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary_ Finding; Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructur~ will be developed and be consistent with County regulations. Any inadequacies which requir~ supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service r~:lationships as pre$~bod by the Grow,th Management Plan. Adequacy of evidence of unified control and snltabilRy of any proposed agreements, contract, or other instruments, or for amendments in those propo~~ am they may relate to arrangements or provisions to be made for operation and maintenance of such areas and facilities that are not t or maintained at public expense. Pro/Con: Evaluation not applicable. Summary_ FlndlnR;' Documents submitled with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. .Pro.' (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. ~ (i) None. Summam Flndinp, j The subject petition has been found consistent with the goals, objectives and policies of the Grow'th Management Plan. A more detailed description of this conformity is addressed in the StaffReport. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the G1V~. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Eleme~t - Consistency with FLL.FE requirements is further described as follows: Residential Densil~ - Approval would authorize 295 condominium dwelling units whose density would be 6.63 dwelling units per acre. This is consistent with the density rating system to the FLUE which allows up to 7 units per acre in this density band. ~ - The urban residential subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory Traffic Circulation Elemenj - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TeE. Recreation :md Open Space Elemen~ - Sixty (60%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and land~lcape 2 / .AUG 0 5 1997 [. -..17 This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount ofopen space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development. 4o Other Applicable Element (~s) - By virtue of development commitments and magcr plan development strategy, staff is of the opinion that the Zurich Lake Villas PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for thc necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GM? during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 'The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Evaluation not applicable. Summary_ Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships arc automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Evaluation not applicable. ~ The amount of open Space set ~side by this project is greater than the provisions of the Land Development Code. The ttmlag or sequence of development for the purpose of assuring the adequacy of available Improvements and facilities, both public and private. Evaluation not applicable. Summary_ Finding; Timing or sequence of development in requirements is not a significant problem. (See Staffreport) light of concurrency AU6 0 ,~ 1997 The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary. Finding: Ability, as applied in this context, implies supporting infr~tn~cture such as wastewater disposal system, potable water supplies, characteristics of the property relative lo ha?urals, and capacity of m~$. is supportive of conditions emanating from u~an development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or ~ to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con; Evaluation not applicable. Summary_ Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-97-5/RVB/rb AUG 0 REZONE FINDINGS PETITION PUD-97-5 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the gosh, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro: Development Orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. None Summary_ Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan. The existing land use pattern; ~ There are existing single family dwellings to the east opposite the canal and the N. Naples Baptist Church. To the north and south is undeveloped agriculture land. None. Summary_ FindlngM Evaluation not applicable. The possible creation of an isolated dlstxict unrelated to adjacent and nearby districts; Evaluation not applicable. Summary Flndingsl The parcel is of a sufficient size that it will not result in aa isola_!o4_ district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the "Urban Residential" Sub-district on the Future Land Use Element and location within the density band. AUG 0 5 1997 ~V'nethcr existing district boundaries are illogically drawn in relation to exhting conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the GMP. Con.' None. Summary_ Findings; Adjacent land to the north is eligible for 7 units per acre. If approved this action would serve to enlarge the residential homes permitted in this area. W"hether changed or changing conditions make the passage of the proposed amendment necessary. Pro.' The proposed zoning change is appropriate based on the existing conditions of thc property, and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Con'. None. Summary_ Finding_s: Consistent with the Growth Management Plan. W'nether the proposed change will adversely Influence living conditions in the neighborhood; Pro: (i) Adjacent properties to the north and south are eligible for 7 units per acre. The lands are just south of an Activity Center approved for commercial uses. in ~ddition, 1-75 abuts the western proper~ line. By virtue of th/s fact it is reasonable that one assume thc potential for rez~ning actions leading to additional dwellings at a similar density. (ii) Recommended mitigation actions made a condition of approval will go a long way towards off-setting any potential adverse influences on the proposed Estates community lying east of the pmjec~ C:on.' (i) None. Summary Fladln_~s; Thc proposed change will not adver~ly influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have bc*m promulgatcd and d~igned to cnsm-c the least amount of adverse impact on adjacent and ncarby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential Whether the proposed change will create or excessively increase tr~ffic c~'~l~) or create ~pes of tramc d~med Incompatible with surrounding ~ [ AUG051997 2 / of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with ali applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic from this project would be defused. ~ (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the project. Other projects dependent upon the same sU'eet system may perceive this result as one which will reduce their perceived comfort levels. Summary_ Findings: Evaluation of this project took into account the requirement for consistency with Policy 5. I of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con'. (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary. Findin_~s; Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; P_r. JILC. a~ Evaluation not applicable. AUG 0 5 1997 3 10. 11. 12. 13. Summary_ Findings: All projects in Collier County are subject to the development standards that ar~ unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) wen: designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and south sides due to its Agricultural zoning. Con; None. Summary_ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value dete,,fination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the Improvement development of adjacent property In accordance with existing regulations; Evaluation not applicable. or ~ The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a detec~r,ce to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public weLfare; Evaluation not applicable. Summary_ FlndfnEsl Thc proposed development complies with the Growth management Plan, a public policy statemcnt supporting Zoning actions whcn they ~rc consistc, nt with said Comprcheasive Plan. In light oft,big fact the proposed change does not constitute grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the, mblie interesL Whether there are substantial reasons why the property cannol accordance with existing zoning; _ t'~"~r'-~ AU~ 0 5 1997 14. 15. 16. 17. Evaluation not applicable. Summary_ Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this .petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. Whether the change suggested Is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the Growth Management Plan. Con; Evaluation not applicable. Summary_ Findings; A policy statemen; which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con; Evaluation not applicable. Summa~ Findings: There are many sites which are zoned to accommodate the proposed development. ~'~LiS is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the G~fP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Evaluation not applicable. Summ=~ Flndfn~s~.' Physical alteration is a product of developing vacant land which cannot be avoided. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted la the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. determined that required irdrastructure meets with GMP established relati4nsh~ 0 5 lSgJ' ~, COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. COORDENATING PLANNER: DATE RECEIVED Applicant Name (Agent): william L. Hoover. AICP. of Hogv~:r Pla=inR Shov~ Address: 5051 Castelto Drive #220, Naples, FL 3410'~ Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: Smiths. Syke~./Blogm, Rvnders/Hoover cftc David W. Rynders, P.A., 305 Wedge Drive, Naples, FL 34103 Phone: 434-8370 Detailed Legal Description of Subject Property: Section 3__Q_0 Township 48S Range 261~ See attached Exhibit "A" Property Identification #: 0019080001,00197320004, 09197480009, 00199240009 Size of Property: 1.335 Feel; x average of 1,450 Feel;" 44.36~+ Acre$ General Location of Subject Property: Three-fourth Mile $gu~h of Immgkale¢ Road_ Adjacent and 9n the Ea~'7 Si¢I¢ 0fthe Ea~tcm Boun_~_rv 0f~h¢ Interstate 75 Ri~t-gf-way, Adjacent Zoning and Land Use: ZONING N - Azr/cultural S - Agricultural E - Canal ROW. Estates & Estates w/th ¢0nd. W - !-75 RQw ¢~ Agrjgulrural Existing Zoning: Al~ricult'~ral, LAND USE Lax~ze bgrrow pit ~Ivacant. Vac~.m. ~h~ ¢grnmer¢ial snake f0xm, Canal. then N. Naples Be~i~;t (~hu;'¢h and ~ to 4 $in~l¢-Fsmilv Estate Homes. Freeway. then vac~tL Proposed Land Use or Range of Uses: PUD with Permitted Uses of 1 and 2-story coach homes, at~acbed villas/vati.o hom~, townhouses/~ndominiums, or sin~le-farllil¥ hom~ AUG 0 5 Doe~ Property Owner own contiguous property to the subject property:. It' so, lgve complae legal description of the entfl'~ contiguous prol:~ny: Has a public h~adng for a rezone been held on this property w/thin thc past 12 months7 Lf yes, please write tl~ rezone application number. Is th/s property curr~tly vacant? y~. ff' the a~swer is no plc~tsc de~be the curra~ le~d usc az~d all existLng slructurcs. Sigaatute of Petitioner * if pct/t/oncr is a corporat/on other than a public corporations, so indicate and na~e office-rs and major .stockholders. * If l~'~itioner is a land trust, so indicate and name beneficiazies. * If l:~fioner is a p~rtnership, limited i:~-tnership or other business en~ty, so indic,~ and n~me principals. * If petitioner is a Ica.see, attach copy of lease, ~nd/ndicate actual owners if not ind/cazed on the lea.se. * If petitioner is a contract purchaser, attach copy of cofltra~rt, and/nd/cate ~tual owner's name and address. Sec attached Lettrr of Un/fled Control/Aeen~ A~hori~a6on, deeds. ~! b~kdown 9(' l~d ~ (Ex. bit "B'")~ - AUG 0 5 1997 The subject property being approximately 44.36+ acres, and located in Section 30, Township 48 South, and Range 26 East, is described as: That portion o£the E 1/2 of the SW 1/4 ofthe SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 fight-of-way) as described in O.R. Book 986, Pages 1271 . 1273, of the Public Records of Collier County, Florida. (Parcel 1) The W 1/2 ofthe W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flor/da~ (Parcel 2) The E I/2 ofthe W I/2 ofthe SE I/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flor/da. (Parcel 3) The E 1/2 ofthe SE I/4 ofthe SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 4) G 0 5 '1997 7_ EXHIBIT "B" BREAKDOWN OF LAND TRUST FOR PARCELS 3 AND 4 Mr. Ira Baraz, 16463 NE 27th Place, N. Miami Beach, FL 33160 Mr. Kenneth M. Bloom, Esq., 800 Bfickell Avenue, Suite 1 I00, MSami, FL 33131-2900 Mr. Donald Dwore, 13105 Silver Fox Trail, Palm Beach Gardens, FL 33418 Mr. Steve Fraidstern, 2699 Stifling Road, Suite B-lO0, Ft. Lauderdale, FL 33312 Estate of Ma~iana Herrera, Attn.: Mr. Nell Pollack, 6171 SW 79th St., Miami, FL 33143 Mr. Mar~n Homstein, 3370 NW 21st Court, Coconut Creek, FL 33066 Mr. Ron Narup, 525 Bay Point Road, Miami, FL 33137 Mr. Michael R. Sa.hr, 4901 N. Travelers Palm Lane, Tamarac, FL 33319 Mr. Barry Siegel, D.O., 5940 SW 94th St., Miami, FL 33156 Mr. Robert Spath, 12130 US 41, Lot 14, Gibsonton, FL 33534 Mr. Martin A. Stoll, 410 E. 73rd St., Apt. 5B, New York, NY 10021 Mr. Wayne H. Sykes, 606 Wimberly Drive, Greensboro, NC 27410 Mr. George Vina, Vina & Co., 255 Alhambra Circle, Suite 715, Coral Gables, FL 33134 AUG 0 5 1997 2 3 ,I ? $ ~$ 2O 22 23 2~ 2'~ 2~ )0 32 31 3~ ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY }'ROM AGRICULTURE TO "PUD" PL;~NNED UNIT DE~q~LOPMENT KNOWN AS ZURICH LAKE VILLAS FOR 294 CONDOMINIUMS AT A DENSITY OF 6.63 UNITS/PER ACRE FOR PROPERTY LOCATED APPROXIMATELY THREE-QUARTERS MILE SOUTH OF I~L~OKALEE ROAD (C.R. 846), ADJACENT TO AND ON THE EAST SIDE OF THE EASTERN BOUNDARY OF THE 1-75 RIGHT-OF-WAY, IN SECTION 30, TOWNSHIp 48 SOUTH, RANGE 26 ~AST, COLLIER COUNTY, FLORIDA, CONSISTING OF 44.36 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Rynders/Hoover, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: ~ECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from 'A~ Agriculture to "PUD" Planned Unit Development in accordance with the Zurich Lake Villas PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nun%bet 8630S, as described in Ordinance Nu~er 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AUG 0 5 1997 PASSED AND DULY ADOPTED by the Board of County Comissioners of Collier County, Florida, this.__ day of 1997. BOARD OF COUNTY COM~ISSXONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. H~COCK, CHAIItMAR APPROVED AS TO FORM AND LEGAL SUFFICIENCY MA~JO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY -2- GO5 1997 ZURICH LAKE VILLAS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: JAMES M. & ALLIE REBECCA SMITH 3320 GOLDEN GATE BLVD. WEST NAPLES, FLORIDA 34117 KENNETH M. BLOOM, CO-TRUSTEE RUBINSTEIN, KORNIK, BLOOM & MINSKER 801 BRICKELL, SUITE 1100 MIAMI, FLORIDA 33131 WAYNE H. SYKES, C.P.A., CO-TRUSTEE PUTNAM, SYKES & COMPANY, L.L.P. P.O. BOX 18526 GREENSBORO, NORTH CAROLINA 27419 WILLIAM L. HOOVER & DAVID W. RYNDERS 398 ASHBURY WAY NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 DATE FILED. DATE REVISED DATE REVIEWED BY CCPC Jul._...j, DATE APPROVED BY BCC ORDINANCE NUMBER April 3, 1997 July 21, 1997 AUG 0 5 1997 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL AREAS PLAN DEVELOPMENT COMMITMENTS .PAGE i ii 1 3 6 9 15 AUG O 5 1997 EXHIBIT 'A' F_XHIBIT 'B' EXHIBIT 'C' EXHIBIT 'D' EXHIBIT 'E' EXHIBIT 'F' LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN AUG 0 5 1997 · P,. STATEMENT OF COMPLIANCE The development of approximately 44.36_+ acres of property in Collier County, as a Planned Unit Development to be known as Zurich Lake Villas PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Zurich Lake Villas PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: o The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. o The subiect property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 6.00 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density 4 dwelling units/acre .+3 dwellinq units/~cr~ 7 dwelling units/acre ,AUG 0 5 ]99/ 9. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. AUG 0 5 1997 I I .~.. ,.~ ~' .~.! SECTION i PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Zudch Lake Villas PUD. 1.2 LEGAL DESCRIPTION The subject property being 44.36± acres, and located in Section 30, Township 48 South, and Range 26 East, is described as: That portion of the E 1/2 of the SW 114 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 right-of-way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Flodda. (Parcel 1) The W 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 2) The E 1/2 of the W 1/2 of the SE 114 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flodda. (Parcel 3) The E 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flodda. (Parcel 4) 1.3 PROPERTY OWNERSHIP The subject property is owned by: (Parcel 1) James M & Allie Rebecca Smith 3320 Golden Gate Boulevard West Naples, Flodda 34117 AUG 0 5 1997 (Parcel 2) William L. Hoover & David W. Rynder$ 398 Ashbury Way Naples, Flodda 34110 (Parcels 3 and 4) Kenneth M. Bloom, Co-Trustee Rubinstein, Komik, Bloom & Minsker 800 Bdckell Avenue, Suite 1100 Miami, Florida 33131 (Parcels 3 and 4) Wayne H. Sykes, C.P.A., Co-Trustee Putnam, Sykes & Company, L.L.P. P.O. Box 18526 Greensboro, North Carolina 27419 1.4 GENERAL DESCRIPTION OF PRQPI~RTY ARF..~ 1.5 The subject property is located 3/4 mile south of Imnx3kalee Road. adjacent to and east of the Interstate 75 right-of-way (~ Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be rezolw~,d to PUD. PHYSICAL DESCRIPTION 'l'he project site is located within the 1-75 Canal ~ Basin ~ to ~he Collier County Drainage AtLas. The proposed ouffal for ~ project is ~ exis~r~ canal along the eastern property rue. Natural ground elevation is approximately 12.3 to 14.3 NGVD The er~m s~ is located within FEMA Flood Zone 'X' with no b~use flood elev-alicm specirm~ quality pretreatment is proposed in the on-site lake system prk3r to (r~charge to the existing canal, located along the eastern PUD bounda~. Utlz;alJon of lhe wetlands for attenuation of the design storm improvemee~ is irx:tuded as part of the design. Fk:x~ding of the wetland I~e~enm areas ~ ~ an i~ hydropedod. AUG 0 5 1997 P~- ~ Per Collier County Soil Legend, dated January 1990, there are 3 types of soil found within the limits of the property: #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage Palm wetlands. The site has been moderately invaded by exotics (i.e. Melaleuca and Brazilian Pepper). 1.6 PROJECT DESCRIPTION_ The Zurich Lake Villas PUD is a project composed of a maximum of 266 residential units. These residential units are projected to be developed as: villas, coach homes, or carriage homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible· 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Zudch Lake Villas Planned Unit Development Ordinance". AUG 0 5 1997 · PI· ~ SECTION il PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPO~.E The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Bo Co Regulations for development of the Zudch Lake Villas PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development Distdct and other applicable sections and pads of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Zurich Lake Villas PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. 2.3 D. Unless specifically waived through any vadance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. DESCRIPTI(~N OF PROJECT DENSITY OR INTENSITY OF LAND USa:b; AUG051997 A maximum of 266 dwelling units shall be constructed in the residential areas of the project. The gross project area is 44.36+ acres. The gross project density shall be a maximum of 6.00 units per acre. 2.4 RELATED PROJECT PLAN APPROVAl. RI~QUIREMENT$ The general configuration of the land uses are illustrated graphi~lly on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcers of land as provided in said Division 3.3 prior to the issue ice of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and pdor to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen matedal and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. 7 AUG 0 5 1997 .,._4-:? __j All other provisions of Division 3.5 Excavation of the Land Development Code shall apply, AUG 0 5 1997 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 266 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal USes and Structures: Two-family dwellings (includes duplexes). Multi-family dwellings (includes villas, coach homes, townhouses and garden apartments). Single-family dwellings. homes, cardage B. Permitted Accessory Use8 and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, childreri's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. G05 ~997 e I o Essential services, including intedm and permanent utility and maintenance facilities. 6o Water management facilities, including within the Natural Habitat Preserve Area. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Zudch Lake Villas. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private ddve, setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. l0 ,AUG 0 5 1997 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY ~O-FAMII. Y Minimum Lot Area 10,000 Sq. Ft. 5,000 Sq. Ft. (per unit) Minimum Lot W3dth 80' Interior Lots' 50' Interior Lots' 95' Comer Lots 60" Comer Lots Front Yard Setback 25' 20' Side Yard Setback 7.5' 0' & 10' or both 5' Rear Yard Setback: Principal Structure 20' 20' Accessory Structure 10' 10' PUD Boundary Set- (See below)'* (See below)'" back Lake Setback 20' 20' Natural Habitat Pre- serve Area Setback 25' 25' Distance Between 15' 10' Principal Structures Maximum Height: Principal Building 35' and 2 stories 35' and 2 stories Accessory Building 20'/Clubhouse 25' 20'/Clubhouse 25' Minimum FloorArea 1600 Sq. Ft. 1250 Sq. Ft, Minimum carport or 2 car garage garage per unit *May be reduced on cul-de-sac lots. *'South PUD Boundary (Parcels 2 - 4) = 40' West PUD Boundary (Parcels 1 - 2) = 40' North PUD Boundary (Parcels 1 - 2) = 25' North PUD Boundary (Parcels 3 - 4) = 40' East PUD Boundary (Parcel 4) = 150' 1 car garage MUI, TI-FAMII, Y 4,000 Sq. Ft. 100' 20' Tract Boundary 20' Tract Boundary 20' Tract Boundary 10' Tract Boundary (See below)" 20' 25' Greater of 20' or 1/2 sum of the heights 35' and 2 stories 20'/Clubhouse 25' 1 bedroom = 900 Sq. Ft./2 Bedroom = 1250 Sq. Ft./3 Bed- room = 1400 Sq. Ft. I car carport space or 1 car garage I! AU6 0 5 1997 Co Off-Street Parkin.q and Loadin~ Requirem~nI.~; As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Spac.~/Natural Habitat Pres~rve Ar~ R~,,g~irements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, sh~ll be provided on-site. Do ° A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. ° Each site development plan submitted to Collier County shall demonstrate that development of the PUD is in compliance with the sixty (60) per cent open space and twenty-five (25) percent natural habitat preserve area minimum requirements. Landscapin(3 and Buffering Requirements: A berm, berm/rock, berm/wall, or berm/fence combination, shall be provided by the developer adjacent to the Interstate 75 Right-of- Way, no later than the time that parcels 1 and 2 are developed. Such berm, berm/rock, berm,'wall, or berm/fence combination shall have a height between three and one-half (3.5) and seven (7) feet above the elevation of the nearest northbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize secudty and minimize impacts on existing trees, fences or walls may compose up to eight (8) feet in height of any berm/wall or berm/fence combination. In order to minimize impacts on existing trees, the required ten (10) foot wide level planting area in front of the berm, as described in Section 2.4.4.1.8.1 of the Land Development Code, can be reduced to five (5) feet in width or become part of a front slope at 3:1 where such berm or berm combination is five (5) feet or less in height and such berm is adjacent to wetland preserve areas or natural habitat preserve areas. If landscape buffers are determined lo be necessary adjacent to preserve areas, they shall be separate from preserve areas. Where two separate multi-family projects within the PUD abut each other, buffedng and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. VVhere a single-family project within the PUD abuts a multi-family project within the PUD, a single ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single five (5) foot high hedge row also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant material standards and installation standards, of the Land Development Code. A minimum of thirty-three (33) percent more trees than normally required for multi-family developments, as described in Section 2.4.6.2 of the Land Development Code, shall be provided within pervious areas (landscaped areas exclusive of buffers and parking lot landscaping). Architectural Standcrqt~ All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Exclusive of single-family detached homes, all buildings shall be primarily finished in light subdued colors with stucco except for decorative tdm. Within multi- family portions of the project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). All pole Fighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or 13 AUG 0 5 1997 Fo Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 44.36+_-acre PUD project, names of individual communities wi, thin the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or 'F' and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 44.36_-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty-four (24) square feet. 14 ,o. i._o~ .AUG 0 5 1997 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENE~t. All facilities shall be constructed in stdct accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document The developer, his successor or assignee, shall c~gree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or medications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land '~$e boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and ali common areas in the project. I$ AUG 0 5 1997 4.4 SCHEDULE Of DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuan{ to Section 2,7,3,4 of the Land Development Code. M~)nitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7,3,6 of the Collier County Land Development Code, 4.5 ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction Of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4,6 WATER MANAGEMENT. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFVVMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier AUG 0 5 1997 County Ordinance No. 88-76, as amanded, and other applicable County rules and regulations. 4.8 TRAFFIC The developer shall be responsible for extending 18th Avenue NW to the project site, including a bridge across the canal that is located just east of the site, prior to the issuance of any Certificates of Occupancy for the project. The developer shall also be responsible for a left-turn lane and a right-turn lane along Cakes Boulevard for traffic turning west onto 18th Avenue NW. All turn lane improvements committed to by the petitioner shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 18th Avenue N'~,,' and Cakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. Co The applicant shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, street lighting levels at the intersection of 18th Avenue NW and Cakes Boulevard shall be augmented by the petitioner so as to be consistent with arterial standards. Such lighting improvements shall be in place pdor to the issuance of any Certificates of Occupancy for the project. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. 4.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site cteadng, excavation or other construction activity a histodc or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depadment contacted. AUG 0 5 199;1~ 4.10 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval pdor to Final Site Development Plan/Construction Plan approval. 18 AUG 0 5 1997 EXHIBIT "B" EXHIBIT "C' DEPICTION OF ARCHITECFURALLY DESIGNED POLE LIGHTING AUG 0 5 1~7 I EXI-I~ IT "D" DEPIC'YION OF AP, CHI'FE~LY DESIGNED POLE LIGHTING EXH~IT "E" DEPICTION OF PROJECT ENTRY SIGN AUG 0 5 t997 ,.._ .5'¢ EXHIB IT "F' DEPICTION OF PROJECT ENTRY SIGN AUG 0 5 1~7 I EXECUTIVE SUMMA]~y PETITION AV 97-008 TO VACATE A 6' WIDE DRAINAGE EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT 32 AND TO VACATE THE CONTIGUOUS 6' WIDE DRAINAGE EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF LOT 33," QUAIL WEST UNIT ONE, REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES g4 THROUGH 106 OF THE PUBLIC RECORDS OF COLLieR. COUNTY, FLOI'/,IDA , AND TO ACCFArr AS A REPLACEMENT EASEMENT A 15' WIDE DRAINAGE EASEMENT THROUGH A PORTION OF SAID LOT 32. OBJECTIVe: To adopt the resolution to vacate the two contiguous 6' wide drainage easements and to accept a 15' wide drainage easement as a replacement easement. CONSIDERATIONS: Petition AV 97- 008 hats been received by the Transportation Depmmem from Terry Cole, P.E., Hole- Mont~ & Associates, Inc., as agent for the owners, Nell & Jeanne Braverman and Quail West, Ltd. requesting that the two platted 6' wide drainage easements be vacated and the existing drainage facilities within these easements be relocated to the replacement easement so that a residenti~.l dwelling may be constnacted over the area now encumbered by the two easements. This is needed so that the dwelling will not constitute an encroachment into the drainage easement area. A 15' wide drainage easement is being offered as a replacement easement. DrainaSe improvements will be constructed within the proposed 15' wide easement. Letters of no objection have been rexeived from all pertinent utility providers and user agenciea. The Transportation Department has reviewed the Petition and has no objection. Zoning is P.UD. FISCAL IMpA~Tr: Not applicable GROWTH MANA{;EME, NT IMpA~Tr: Not applicable RECOMMt~NDATIQN: That the Board of County Commissioners approve the Resolution for Petition AV 97- 008 for the vacation of the above described easements and approve and accept the replacement easement, authorize the exeoation of the Resolution by its Ch~firman and direct thc Clerk to record a certified copy of the Resolution and make appropriate marginal not~ on the recorded plat. PREPARED BY: Rick Cgigg, Land Surveyor Ed II~hner, h~blic Works Adminimator DATE: :3',.a~.-r ~l/tclctT_ ! 2 ? ~0 ti 2! 22 26 27 2~ RESOLUTION NO. 97- RESOLLrFION FOR PETITION AV 97-008 TO VACATE A 6' WIDE DRAINAGE EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT ~,2 AND TO VACATE THE CONTIGUOUS 6' WIDE DRAINAGE EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF LOT 33.' QUAJL WEST UNIT ONE, REPLAT' ACCORDING TO THE PLAT THF..R~OF AS RECORDED IN PLAT BOOK 21, PAGES 84 TIiROUGH 106 OF TIFF. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND TO ACCEPT AS A REPLACE?,,flENT EASEMENT A 15' WIDE DRAINAGE EASEMENT THROUGH A PORTION OF SAID LOT 32. WHEREAS, pursuant to Section 177. I01, Florida Statutes, Terry Cole, P.E., Hole - Montes & Associates, Inc., ·s agent for the owners, Ntil & Jeanne Braverman and Quail Wes'l, Ltd. does hereby request the vacation of · 6' wide drainage easement · long the northeast property line of Lot 32 ,,nd to vacate the contiguous 6' w~de drainage easement ·long the southwest prope'ny line of Lot 33 "QUAIL WEST UNIT ONE, REPLAT" according to the plat thereof as recorded in Plat Book 21 , Pages 84 through 106 of the public records of Collier County, Flo6da. WIIERKAS. the Board has this da,/ held a public hearing to consider vacating said easement as more ~ully described below, and notice o£said public hearing to vacate was given as required by law; and WIIEREAS, the granting of the vacation v411 not adversely affect the ownership ot right of convenient access of other properly owners. NOW, THEREFORE, BE IT ILESOLVED BY Tt{E BOARD OF COUT, FTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the followieg be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein 31 BE IT FLrRTH~R RESOLVED BY THE BOARD OF COUNTY CO~flSSION'ERS 32 ~)F COLLIER COUNTY, FLORIDA, that the drainage easement, more panlcularfy .~3 described in Exhibit "B" attached hereto ·nd incorporated herein, is hereby accepted ·s 34 the rcplacemc~ ~t for the drainage easen-,em vacated ha'tin. 36 BE IT FURTHER RESOLVED, that the Clerk is hereby dirccled to record · certified 3'~ copy o£ this Resolution in thc Public Records of Collier County. Florida, and to make proper 3s not·tionsot'thisvacation on the recorded plat of' Quail Wc~ Unit One. Replat' as 39 referenced above. 40 This resolution adopted after motion, second and ma,jorlty vote favoring Mme. 41 DATED: 42 ATTEST: BOAtU) OF COUNTY CO~.~.flSSIONERS 43 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 44 By: 46 Approved ·s to form and legal sufficiency: Heidi F. Ashlon Assistant Coun~ A~lom~ Timothy L. Hancock, Chairman F'4ar. I o,~ Z Preserving mhd enhancing Florida's qu&li~ of fife HOLE, MONTES & ASSOCIATES, INC. ENGINEERS Pt. ANN£FI$ SURVEYORS HMA PROJECT # 87.24X REF. DWG B-2070 MAY 29, 1997 DESCRIPTION OF DP. AINAGE EASEMENT VACATION A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLA, T THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBL1C RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN. AT THE SOUTHWESTERLY CORNER OF LOT 33. OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHVVESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A ~,DIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00'42'32'. SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. 37'11'45' E.. FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY. WHOSE P-,,ADIUS POINT BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTP. AL ANGLE OF 01'00'13', SUBTENDED BY A CHORD OF 12.~0--FEET AT A BEARING OF S. 37'33'01' W., FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A C~RCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 51'44'26' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00'42'32', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. 37'54'18' E., FOR A DISTANCE OF 6.00 FEET TO THE ENr'J OF SAID CURVE AND THE POINT OF I~I~G NNIN~; CONTAINING 0.0551 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AS BEING S. 52'26'58' E. HOLE, MONTES & ASSOCLATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 · [ A. SE. IDLER STATE OF FLORIDA BONITA SPRIN~S. FL0~IOA 3~4135 94 t-992-0795 FAX 941-~192.2'J27 .~ ' AUG~'.'S 1997 (L~ts 32/33, Quail West) THIS EASEMENT, granted this ~day of ~I~M , 1997, between QUAIL WEST, LTD., a Florida limited partnership, as GRA/~OR, to the BOA&~D OF COUNTY I~LOHIDA, its successors and assigns, as GP~EE. W I T N E S S E T H: T~at the GI~R, for and in cor~ideration of the sum of TEN ($10.00) DOL/~ and other good and valuable consideration paid by the GRA/~EE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit WAN which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and it~ assigns, together with the right to enter upon said land, excavata, and take materials for the lmurpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANT~ are used for singular or plural, as the context requires. "0 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Naples, Florida 34119 QUAIL WEST, LTD., a Florida limited partnership, By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent SANDRA,,/HESSE, Vice President 6289,,Burnham Road NapIes, Florida 34119 Wi~ess ;2// ~ Print Name~Address Below: 6289 Burnham Road Naples, Florida 34119 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~l_-r~ day of ~ Y , 1997 by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC.,-a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: Y PUBLI ~--/- ( iht name N~tary Public Serial $ (if any) -2- Presendng ~,d *~.~nc~,g F3ori~'s query ol life s~nce ~g66 HOLE, MONTES & A.~$OCtATES. INC. ENGINEERS P1.M~EP5 SURVEYORS EXMIBIT "A" HMA PROJECT # 87.24X REF. DWG. B-2071 ~ MAY 29, 1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN a PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNIT ONE, REPL.A,T, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01 '23'41'. SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W.. FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE pOINT OF OEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52'27'06' E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE P~J::)IUS POIhFr BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET ---- THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CU~ TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13', SUBTENDED BYA CHORD OF 12.00 FEET AT A BEARING OF S. 37'33'01' W.. FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'24' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40'39' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'20' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNVVOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHVVESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF.WAY LINE OF BYRNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAV]NG A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53'E.. FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE pOINT OF BEGINNING, CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33. QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA~ AS BEING S. 52'26'58' E. HOLE. MONTES & ASSOCIATES. INC. CERTIFICATE OF AUTHORIZATION LB #1772 A. SEiOLER STAT/OF FLORIDA AUG 0 AUG e ~ 1S~I7 J UTILITY FACIL_TTIE8 S~T/9]~]~INATIONo CON~ENT ~?D JOIND~ (Lots 32/33, Quail West) a Cana~ _= ~ '_~vV' .oy and ~:ween ~y~ ~ O~ ~A, u =na.:erea ~a~, (hereinafter referred to as "Mortgagee"), in favor of the ~ OF ~ ~SSIO~ OF ~ ~, ~DA, ~ ~ ~~G ~DY OF ~[.~.!~ ~, ~u ~ ~ICIO ~ ~~NG ~ OF ~ ~~ ~ ~T~- S~ DI~, its successors and assi~s (hereinafter referred to as "Co~ty"). Mortgagee is u~ed as singular or plural as ~e conte~ re~ires. , W I T N E S S E TH: ~S, Mortgagee is ~e o~er and holder of that certain Mortgagm from QUAIL ~ST, LTD. now held by ROY~ B~ OF ~N~A, recorded J~e 6, 1991, in Official Records Book 1622, Page 95, of the ~blic Record~ of Collier County, Florida; and ~at certain Financing Statement recorded J~e 6, 1991, in Official Record Book 1622, Page 169, of ~e ~blic Records of Collier County, Florida. ~S, Co~ty has rmquested and received from the fee simple o~er of ~e ~ered Prope~y non-exclusive easements for the installation and maintenance of ~to~water ~ainage facilities over and across a portion of ~m encored praises legally described in ~ibit .A~ attached hereto and inco~orated herein by virtue of ~is reference, which praises are hereinafter referred to as "Easement Prope~y.. ~S, Cowry has re~ested ~at Mo~gagee consent to, Join in and s~rdinate its Mo~gage to ~e interest ~at Cowry has ~e Eas~ent ~ope~y to which re,est Mo~gagee has a~e~. NOW, ~FO~, in consideration of T~ ($10.00) ~~ and o~er go~ and valuable consideration, ~e receipt of whi~ hereby ac~owledged, ~e Mo~gagee does hereby consent to, Join in and s~rdinate ~e lien of its Mo~gage to ~e ~ant of ~at ce~ain eas~ent descried herein over, ~der, and a~oss ~sement Pro~y and ~y interest of ~e Cowry in any ~1%1~1&. drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) ROYAL BANK OF CA/~ADA, a Canadian chartered bank. Wit~ss F1 Print. Na~e/Address Below: ~itnes~ ~ 2 Print Na~/Addrgss Below: Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 STATE OF NEW YORK COUNTY OF NEW YORK was acknowledged before me this ~J The f~regoing instrument day of ~]v,,.,v.-c- , 1997, by T.W. McCabe, as Manager of~OYAL BANK OF CANADA, a Canadian chartered bank, who is personally known to me. My Commission E~xpires: CARMEN BRUZON Nota~ Pubhc. STate o: New York No. 41.4979240 Ouslified in Queens CounW tl/3 C~mi~ion Expires March 25. 19~ G~L4J~1\122~16. Page 2 Not~ry Pub l-lc Serial # (if any). (SEAL) HMA PROJECT # 87.24X HOLE, MONTES & ASSOCIATES, INC. REF. DWG. B-2071 ENGINEERS P~,NNERS SURVEYORS MAY 29. 1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF t~ND LOCATED iN A PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNiT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHVVESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE Pt. AT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCUIJ5,R CURVE CONCAVE NORTH'WESTERLY, W~OSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE RIGHT, HAV~IqG A RADIUS OF 485.00 FEET. THROUGH A CENTRAL ANGLE OF 01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W.. FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE p(:;)INT OF I~I~GINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52'27'06' E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSI= EM~DIUS POINT BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13', SUBTENDED BY A CHORD OF 12,00 FEET AT A BEARING OF S. 37'33'01' W.. FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41*19'24' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S, 48'40'39' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'20' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'2G'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BYRNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 485.00 FEET, THROUGH A CEI',rTP-AL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE _POINT OF. BEGINNING., CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S, 52'26'58" E. HOLE, MONTES & ASSOCIATES. INC. CERTIFICATE OF AUTHORIZATION LB #1772 ~ (Lots 32/33, Quail West) THIS ~ASEME~T, granted this ~O~ day of ~=d .... 1997, between QUAIL WEST, LTD., a Fl-~da limited partnership, as GF3/TTOR, to the BOARD OF COt~NTY COKHISSIONERB OF COLLIE~ ¢OUN%"X, FLORIDA, its successors and assigns, as GRANTEE. W ITN E S SETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt Of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (see attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the sa~e unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. AUG 0 ~ IS.~7 J · ~.~ /! IN WITNESS WHEREOF, the GPJtNTOR ha~ caused these presents to be executed the day and year first above written. sign.~d, sealed and delivered in c',r presePce: QUAIL NEST, LTD., a Florida limited partnership, ~ Pri~ Name/Addre.s? Below: ~289 B(~r~%h~ Roaa Naples, Florida 34119 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent SARDR~ HESSE, Vice President 6289/Burnham Road NapIes, Florida 34119 Print Name~Address Below: 6289 B%Lrnham Road Naples, Florida 34119 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~0__~ day of ~ y ., 1997 by SANDRA HESSE, as Vice President of RSH OF N~tPI~-S, INC., a Florida corporation, as authorized agent of Q~tIL~r~, L~., a Florida limited partnership, who is personally known to me. My Commission Expires: (Print na~e ~iow) Notary ~lic Serial f (if any) -2- pre~.~rvlng ~ enl~ancing F~orida'$ qual~y of Me .~nce t~ HOLE, MONTES & ASSOCIATES, INC. HMA PROJECT # 87.24X REF. DWG. B-2071 MAY 29, 1997 DESCRIPTION OF A DRAINAGE EASEMENT A ~ARCEL OF LAND LOCATED IN A PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CUR~- TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01 '23'41'. SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE pOINT OF I~EGINHING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52'27'06' E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POIN~F BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET --" THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01 '00'13', SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S. 37'33'01' W., FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'24' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40~9' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'20' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 465.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BYRNVVOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING, CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52'26'58' E. HOLE, MONTES&ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 O~J O~ ? ? UU U~ z ~ tnst~n~nt p~ by:. 450~ Tami~nt Trz~l ~ UTILITY FACILITIES BUBORDINATIONo CONSENT ~ JOINDE~ (Lots 32/33, Quail West) T}[IS~LTBORDINATION, CONSENT ARD JOINDERgi'en this ~ day of .'~/ , 1997, by and between ROYAL BA/qK OF ~, a Canadian chartered bank, (hereinafter referred to a~ "Mortgagee"), in favor of the BOARD OF COUNTY COM)[ISSIONERS OF COT~.T]~. CO~, FLOP,IDA, AS TH~GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIOTHEGOVERNINGBOARDOFTHECOLLIERCOUN/~EWATER- EEWERDISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETM: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now hel % by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHERF. kS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwaterdrainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHKRF. AS, County has requested that Mortgagee consent to, Join in and mubordinate its Mortgage to l~xe interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, Join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Eas.ment Prop. try and any tnter..t of th. County in any . o~--~f_~~ I / I drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (corporate Seal) ROYAL BANK OF CANADA, a Canadian chartered bank Print Na~e/Address Below: -i.!r. ll'l /~*" . witness ~ 2 Print Name/Addrgss Below: -~*~;;~,~;.'~ ~'~,~, 2~ ~. Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 STATE OF NEW YORK COUNTY OF NEW YORK The f.~regoing instrument was acknowledged before me this ~ day of ,I~'~''~'' , 1997, by T.W. McCabe, as Manager of ROYAL BANI[OF CANADA, a Canadian chartered bank, who is personally known to me. Page 2 My Commission Expires: CARMFN BRUZON Notar'/' Public. State ot New Yorl~ No. 41-4979240 Oualified in Queens County {'lt~ ~l~i~io~ ~pite$ March 25. lg-~.~ W1\lZ2al&. ~ot-ary :~Io 1~ c Serial ~ (if any) (SF_~L) preservfng artcl e,,~ancing Flo~da's quaM7 o~ ]ile s~nce 1966 H~J~ PROJECT # 87.24X HOt. E, I4ONT~$ & A~SOCIATES, INC. REF. DWG. B.2071 MAY 29, 1997 ENGINEERS p1.ANNER$ SURVEYORS DESCRIPTION OF A DP~INAGE EASEMENT A PAF~CEL OF LAND LOCATED IN A PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN pLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COU~ITY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE PJkDIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A P~DIUS OF 485.00 FEET, THROUGH A CENTFLAL ANGLE OF 01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE ~_C~INT OF I~EGINNING- OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52'27'06' E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CUR'~/E CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET ---- THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE AP, C OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13', SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S. 37'33'01' W.. FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'24' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48*40'39' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'20' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WA'/LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEAF[S N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BYRNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53'E.. FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE POINT OF ~ CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AS BEING S. 52'26'58' E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 /~.. SE]DLER STATE OF FLORIDA Hereby Au%horize Agent Above to ~ap~mmont Ho ~or th~m ~eti&lon: ~ .. X No ~ / , ~c~ 5/22/97 bena~lci~ril~: anolicant ~! ~ ~-r_~_ -ama of offlC*rm etockho~derS' · app~tc~:.~ e~t~ty, i~lcatl other SDK Of N_aples, Inc. 33 W. Monroe Street suite 2000 Chicago, IL 60603 - as sole General Partner (3) Al J5 0 ~ 1S~7 p.B. P~. COLLIER COUNTY, FLORIDA COLLIER COUI~'q~Y GOVERNMENrF COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DItIVE NAPLES. FI. 33942 {941) G43-8400 June 2,1997 Mr. W. Terry Cole, P.E. Hole, Montes & Associates, Inc. 715 Tenth Street South P.O. Box 1586 Naples, FL. 33939 RE: Quail West Unit One Replat, Drainage Easement between Lots 32 & 33 A CEIiTll"IED BLU£ CHIP COMMUNITY Dear Terry: This office has reviewed the proposed vacation of the subject easement and we have No Objection to the vacation, provided that an alternate easement is dedicated simultaneously with the vacation and the alternate improvements are constructed and inspected. IfI can be of any further assistance to you in this regard, please let me know. Sincerely, John R. Hould~worth Senior Engineer May 22, 1997 Board of County Commissioners Collier County Goverrm~ent Complex Naples. FL 34112 Re: Quail WesL Unit One Replat. Lots 32 & 33 Petition for Vacation of Drainage Easement To Whom It May Concern: Quail \Vest Foundation. Inc. has no objection to the Petition which is being filed on behalf of the lot owners of the above referenced lots, for vacation of the Drainage Easement relative to those lots. QUAIL ~WEST FOUNDATION, INC. SH:ljc 59~0 Bornh~m Quail We~t Fo*an~tlon, Inc. Naples, FL 33999 Phone: 81Y391-1191 Fax: 813,/'392 n~-...45. ...... May 22, 1997 Board of Commissioners Collier County Government Complex Naples, FL 34112 Petition for Vacation of Drainage Easement Quail West Unit One - Lot 32 Please use this letter to authorize W. Terry' Cole of Hole of Montes and Associates to represent us at the meeting of file Board of County Commissioners hearing the above petition. 6289 Burnham Road Naples, FL 34119 by: Sandra Hesse as Authorized Agent 6289 Burnham Roatd Administration Naples, FL 33999 Phone: 941/597-6311 May 22. 1997 .441 ,..pr~ us ~1 ~1,~ sncc~ng of tl,~ Board cd {~,,,,ty (~.,.~ionc~ I,~,i,,R ~l~ above pc-~uon. Sin cc ~ · I¥. X_...~xz,~,,~ .... - 'IHI$ IN~'IRUMENT PREPARED BY: RECORD & REIURH TO: Siegel & L~n 53'%$ Tc~,-n Cenler Rood. Suite 80 I Bo¢o Rolon. FI,oddo 33486 Property Conlrol No. 6897000140 ! WAIl ItAHTY DEED THIS INDENTURE. mQde ~ '~/ cloy o~ I)~cem/De¢. 1996. between THE JI~OOKFIELD COMPANY OF BOCA RAION, a Fire.Ida CCXl:XXOllOn. hav~ng Its i:xinclpol ploce ol business al 6421 Cc,~g~ess Avenue, Boco Roton, Fire.Ida 33487, (herelnattm called lhe 'C~onto('] ond NElL K. BRAVERMAN and JEAHHE D. BRAVE~N. J'-,~l:x:~'~fl o~",d wile. ~ p,osl offK:e ock~es.s ii, 4156 B~ynwood I)lve. Noples. FL 341 J9 {herelnallq¢ coiled 'C.~onlee~: Thal the Crania'. rm' and In conslderoflon DJ the sum ol Ten ond No/100 Do~lc~'s J$10.OOJ ond olt'~' go<x:l md vol,.~ble consideration Io Cw.'onlo¢ hereby ocknowledged, hoe gfonfed, b~m'galned ond sold I0 the sold Oronlee. ond C~onlee's succeism.s and Designs i'o~evef, the lallowlng described Iond. slluole. ~.'ing and being In Collies' Counly. Florldo. to wll: Lot 33 of QUAIL WEST. UNIT ONE. occcxdlng 1o lhe Plot thet'eo[ recc~'ded In Plot Book 21. Poges 84 Ihrog~h 106 of the Pubflc Recto.ds of Collier Counly. Floddo. TOO~'THER wilh oll lhe tenements, hered~loment$ ond opp~lenonces thereunfo belonging c:x in onywise appertaining, but subjecl 1o She loJJo~,d~g: 1. JOxe$ for She year 1997 ond subsequent yetis. 2. Eosemenls, reservations and reslrk:llons or reco~'d. It ony. 3. ZoO, ~g cxdir~m-x:;es ond oil othes reslrk:lk:~s m.~l regulatlons In,posed by govemmenlol au tho~'JlJe s. TO HAVE AND TO HOLD, lhe same in tee sl.r'nple AND the C~onlcx does hesel:~ covenanl with rne C,,'c~lee lhol It is Iowlutly seized ol said Iomd In lee simple: thai I1 has good right `"'nd lawfu~ auth~lh/to sell ,",nd convey sold land: Ihol II hereby fully wa~ronls the lille of sold land ond will defend the some ogatnsl the lawful CIoJms of oil persons whomsoever. IN W~I'NES$ WHEREOF, th~ C.~anlo~ has hmegnlo ~l C~a~lc~s hand and seal the day ond year · sl above wdtten. ..STATE OF FLORIDA COUNTY O~: PALM BEACH ~ Itxe~'~ Ins~tumenl was ocl,.nowiedged bei'ore me Ir'ds .~-Z_ d<:~y or December. Is~'6. ~ Gtegoh, P. Lh'~eh<'~. Vlc:e I~'esldenl el The Broo~.:lleld Company el Boc,~ Rotan. a Fl~ida cocpcxatlon. on behalf of the cm'pcxation. He is persona,"y knowm fo me. - -'-":,- ,-':, m ., J AU_6 0 ~, 1SS7 I ,.~, ....,,u~_. . ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ~'q day of ~ , 1997, before me personally appeared LEO J.~ALVAT~RI, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is QUARLES & BRADY, 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103, 813/262-5959, (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, to accept a drainage easement encumbering the real property described in the attached Exhibit "A", which is incorporated herein by this reference, said land being located in Collier County, Florida, and being a part of the property bearing Folio No. 68975005949. 3 o The Affiant has examined record title information to both the real and personal property referenced in this Affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. Except as otherwise set forth herein, the record owner of the real and personal property described herein, is QUAIL WEST, LTD., a Florida limited partnership, (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Record Book 1495, Page 1369, of the Public Records of Collier County, Florida, a copy of which Deed is attached hereto. 4 o The undersigned has reviewed the partnership information for QUAIL W-EST, LTD., and is of the opinion that the same is current and active within the State of Florida, and is currently authorized to do business in the State of Florida. The sole general partner of QUAIL WEST, LTD. is SDK OF NAPLES, INC., a Florida corporation. The undersigned has reviewed corporate information for said corporation, and is of the opinion that it is duly organized under the laws of the State of Florida, and is authorized to execute documents on behalf of the partnership. RSH OF NAPLES, INC. and SLH OF NAPLES, INC. have been appointed as authorized agents of QUAIL W]~ST, LTD. by virtue of that certain Supplemental Written Instructions of Partnership recorded in Official Record Book 2304, Page 1286, of the Public Records of Collier County, Florida. A copy of said Instructions are attached hereto. The undersigned has reviewed corporate information for both RSH OF NAPLES, INC. and SLH OF NAPLES, INC., and is of the opinion that both are duly organized under the laws of the State of Florida, and are authorized to execute documents on behalf of QUAIL WEST, LTD. The President of RSH OF NAPLES, INC. is ROBERT S. HARDY; the Vice President of RSH OF NAPLES, INC. is SANDRA HESSE. Both ROBERT S. HARDY and SANDRA HESSE possess due power and authority to execute documents on behalf of said corporation. In said capacity, ROBERT S. HARDY and SANDRA HESSE also have the power and authority to execute documents on behalf of RSH OF NAPLES, INC., in its capacity as authorized agent for QUAIL WEST, LTD. The President of SLH OF NAPLES, INC. is SANDRA HESSE, who possesses due power and authority to execute documents on behalf of aid corporation. In said capacity, Sandra Hesse also has the power and authority to execute documents on behalf of SLH OF NAPLES, INC., in its capacity as authorized agent for QUAIL WEST, LTD. 10. The subject real property described herein is free and clear of all mortgage liens and liens of any and all other nature, except real estate taxes for the year 1997 and all subsequent years; and except for a certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and a certain UCC-1 Financing Statement recorded June 6, 1991, in Official Records Book 1622, Page 169, of the Public Records of Collier County, Florida. 11. Affiant further states that the information~d~ontained in this Affidavit is true, correct, and current'~a~of the date this Affidavit is given. ,/(/1/~'"~ ~...,~\ ~ -LEO"J.' SAL~ATORI, ESQUIRE STATE OF FLORIDA ,,. COUNTY OF COLLIER The ~oregoing instr~4~ent was sworn to and subscribed before me this ,Q~^~q day of ~1~ , /15.97, by Leo J.- Sa'lvatori, who is personally known' to m~. // PUBL~ ~)~ ..... My Commission Expires: I ! ! ! 00~%95 001370 C~JqT~ Qf Co11{er ,~t.,. Dec~c ,, ~. STATT C~' ~¢XIC~ ' c.~ritle~, em t ~MrI~ ~rtM~ er 75 X~ ~IKT I~. m fto~14i ~m~l ~r~er~hlp. is · j · m h 'OF~ 800K PA~ PAX~£L It 48 ~K).~,h, J~iflGl 11 [tl~ Ro~d IXtl~l~Oa {,I. ~lCb~I llo~ ~n~ uoflltm ~m~ bid, Lit C~unt~, FlorLdl. ' ~/Z o~ hctlon 8, l~Shtp ~l So;~, ~l~m . ( , flortdl. . Abet rcc~r~ng rc~u~ to: 4SOl TimL~ml Trail 2170242 OR: 2304 PG: 1286 LIe ~1 IS.Gl I~llIl~ SUPPLEMENTAL ~RITTEN DIRECTIONS OF PARTNERSHIP The undersigned, SDK OF NAPLES, INC., a Florida corporation ("SDK"), as the sole General Partner of QUAIL WEST, LTD., a Florida limited partnership, does hereby covenant and agree as follows: 1. That SDK is the sole General Partner of QUAIL WEST, LTD. That the individual signing below has the power and authority to execute this document on behalf of SDK. That SDK wishes to confirm directions and instructions previously given to RSH of Naples, Inc., and to give instructions and directions to SLH of Naples, Inc., on behalf of QUAIL WEST, LTD. 4 o That SDK does hereby instruct, direct, and where applicable, ratify and confirm the following on behalf of QUAIL WEST, LTD.: a) That ROBERT S. HARDY, as President, or Sandra L. Hesse, as Vice President, of RSH OF NAPLES, INC., a Florida corporation; or SANDRA HESSE, as PresideDt, or ROBERT S. HA~RDY, as Vice President of SLH OF NAPLES, INC., a Florida corporation, both of said corporations being General Partners of 75 NORTH JOINT VENTURE, a Florida general partnership, a Limited Partner of QUAIL WEST, LTD., shall have the power and authority to execute all reservation agreements, escrow agreements, contracts for sale, closing statements, warranty deeds, affidavits, easements, lot line adjustment affidavits, releases, and such other documents as may be necessary to effectuate and accomp].ish the sale of individual lots within the project known as Quail West, now cwned and being developed by QUAIL WEST, LTD. b) It is further acknowledged and agreed that both ROBERT S. H~.RDY and SA]iDRA HESSE, in their respective capacities, shall each alone have the power and authorit~--t'd~.a~-'~ ally and all golf membership contracts, reservations agreements, escrow agreemengs/_.. ~ c Lo~ lng ? statements, membership certificates, and / t'._.--3~ .... OR: 2304 PG: 1287 c) and seals this 3~day of Signed, sealed and delivered in the presence of: other documentation that may be necessary to accomplish O the closing of individual golf memberships offered by QUAIL ~EST, LTD., and any corporation or entity formed by it for the purposes of developing, managing and operating any golf course located within the Quail West development. That RSH OF NAPLES, INC., and SLH OF NAPLES, INC. are hereby directed to execute any and all of such documents as described and as provided for in Paragraphs 4(a) and (b) herein and which they reasonably believe to be economically prudent. In addition to the foregoing, each of ROBERT S. HARDY and SANDRA HESSE shall alone, in their capacities described above, have the power and authority to execute such easement agreements, affidavits, utility agreements and other documents requested by any governmental agency incident to the operation and/or development of any properties within the Quail West subdivision. The foregoing power and authority is granted to the donees above as authorized agents of QUAIL WEST, LTD. The granting ~f said power and authority shall in no way be deemed to jeopardize the status of 75 North Joint Venture as a Limited Partner of QUAIL WEST, LTD.; nor shall 75 North Joint Venture be deemed to be a general partner of QUAIL WEST, LTD., as the result of the exercise of any powers granted to it or its partners herein. IN WITNESS WHEREOF, the parties hereto have set their hands /~z~!~ ., 1997. By: Print Name/Address Below: QUAIL WEST, LTD., a Florida limited partnership, By: (Corporate Seal) SDK OF NAPLES, INC., a Florida corporation, as sole General Partner Marshall Lees, as President 33 W. Monroe, suite 2000 Chicago, IL 60603 OR: 2304 PG: 1288 ** STATE OF ~ ~,~ COUNTY OF The foregoing instrument was sworn to and acknowledged before me this ~ day of /~//- , 1997, by MARSHAT.L LEES, as President of SDK OF ~ApLES, INC., a Florida co oration Gener~tner of OUA~ w~ · ...... rp. , as sole - ~_ __--~----- ....... , ~u., a Florloa limited partnership, wno~nally known to me. or who has produced as ident~atlon. My Commission Expires: NOTARY PUBLI~' · (s~i~.~- (Print name~6elow) '-----' Notary Public -- Serial $ (if any) RE: Lots 32 ATTACHMENT 33 procedure 2. d. List of abutting and other property owners within 250' of the proposed vacation. MEMORANDUM Date: May 22, 1997 To: Mark Tolson From: Linda Chapman Re: Lot 32 and Lot 33 Per your request, following is a list of abutting and other proper~y owners within 250 feet of the porposed vacation: Lot Folio # Owner 29 68975005884 Quail West, Ltd. 6289 Burnham Road Naples, FL 34119 28 68975005868 Quail Wen, Ltd. 6289 Burnham Road Naples, FL 34119 27 68975005842 26 68975005826 Edward & Beverly Harwell 14510 Jonathan Harbor Drive Ft. Myers, FL 33908 Quail West, Ltd. 6289 Burnham Road Naples, FL 34119 34 68975005981 D.F.B. Development, Inc. 3110 Fish Hatchery Road Allentown, PA 18103 Golf Course 699750042C~ Qua. il Wen Foundation 5950 Burnham Road Naples, FL 34119 L.ZL~:3 (, c ;:'.'.'-;7 I x p~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECFIVED FROMQ']~I]. West LTD. ADDRESS 6289 Burnham Rd. ClTY,,Raples DATE, 3une · 23 , 19 97 CHECKNO.,,.O13338 DESCRIPTION Vacatioa ?ettttoa AV 97-008 /- INVOICE NO, IOI BY i COST C-ENTER I C~ 163610 I 329100 CUSTOMER COPY 0ooooi i' G n r, I.?,37 J '06'0J4 8 EXECUTIVE SUMMARY PETmON CCSL..97.1A, BRETT D. MOORE, PE, OF HUMISTON AND MOORE ENGINEERS, REPRESENTING THE PELICAN BAY FOUNDATION, INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION CONSISTING OF A HANDICAPPED BEACH ACCESS RAMP, BOARDWALK AND BEACH STAIRS, IN-FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. The petitioner requests a Coastal Construction Setback Line (CCSL) Vadance of approximately one hundred thirty (130+) feet for the construction of a handicapped beach access ramp, boardwalk and beach stairs, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B). The subject property is located at the private North Beach Facility owned by Pelican Bay Foundation within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of vegetation from the areas where the boardwalk and stairs, handicapped ramp, and new decking will be constructed. The petitioner will avoid or minimize impacts to the Gopher tortoise population which exists on site by field locating proposed improvements. Exotic vegetation will be removed from the b~undary of the North Beach Fadlity in accordance with The Collier County Land Development Code Section 3.9.6.6. Tho petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amended. Approval of this petition would have no fiscal impact on the County. AUG 0 S 1997 0ROW'FH M.A.NAG.EMENT IMPACT: OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT} 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11,6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functJcx~ of coastal barriers and affected beaches and dunes. POLICY 11.4.4 Require dune stabilization and restoration improvements in land development projects along beach areas. 11.4.5 Initiate and support beach and dune restoration and preservation pmgr"ams where app~'opdate. 11.4.6 Require native vegetatk)n as lancLicaping in developed activities in developed coastal barrier systems and on the beach and dune systems. OBJECTIVE ( CONSERVATION AND CO~AL NIANAGEMENI' ELEMENT) 11.5 For undeveloped shorelines, prm~le improved opportunities for recreational, educational, scientif~ and estt',etic erioymenl of coastal resources by protecting beaches and dunes and by ubTtztng or wh~m necessary establishing consb'uction standards which will minimize the impact of manmade stru~ures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any strtyJbJre seaward of the Coastal CorrstnJction Co~b~ Une. Exception shall be for passive recmatk3nai structures, access crossovem, and where enforcement wo~td not allow any masonab~ ~ ufl~ of such property, in the '[atter event, requba corts~ ~at minimizes interfe~nce with n<qtural function of such b~3chas ~r~J dur~s. 11.5.11 Construction acflvit~ shall not )nte. rfere with the sea turtle nesting, shell preserve or replace any vegotation on the site, and shall mairdain the natural be, ach prof;)e and minimize interference with the natural beach dyna~r~c4~ end fu~. 11.5.13 Fc~' ~11 beach fiT. mt ~ development mim~ted projects require dune steblltza"..o~ and restoration improvemenls, the removal of exc~ vegetation, and mpi. acernent with native vegetation es appropriate. HISTO~ICIARCHAEOLOOICA~L IMPACT; and ~rchaeotogical probability as referenced on the official Co(tier County ~'roOTD~m/~1'~ 2 I AUG051997 t. ",- RECOMMENDATIONs: Staff recommends approval of Petition No. CCSL-97-1A subject to the following sUpulations: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provkJed, prior to issuance of a Collier County Building Permit. 2. Construction activities shall not occur within one hundred (100) feet of the sea turBe nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without Frost subrn/tfing and obtaining FDEP and Collier County Construction in Sea TuNe Nesting Area Perm/ts. 3. Petitioner shall notify Current Planning Environmental Staff one week pdor to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. 4 Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune veg0tation for all on-site landscaping beyond the 1974 Coastal Const~'uction Control Line. 6. Peti6on, er shall re-vegetate the dune where the dune is devoid of coastal dune vegeta~n (appropriate to that specific area I.e. fore-dune or bac~ dune). The re-vegetation shalJ be completed, according to a plan submitted to an~ approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall incJude mi~ation for areas of vegetation removed to construct decking and ramps. 7. Petitioner shall install appropriate signs in the r¢-vegetation area indicating that beach users are requested not to intrude into ~is rewegetation area. 8. Petitioner shall .'~ubmit a Go~her tortoise survey (and It' n¢~ssary a plan to bare'carlo the wcrk area or a Gopher torloise reloca~n/management plan) to Collier ('Aunty Current Planning Environmental S~aff for review and approval, prior to any sit- improvements or obtaining any building, permits. 9. Petitioner shall submit copies of all necessary agan,,,-3, perl13/ts (i.e. FGFWFC for Gopher tortoise) prior to any .~ite improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp, boardwalk and stairs to avoid or minimize potential impar-/,s tc exJsting Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from ~ boundary of the North · · accordance wffh The Collier C(:,Jnty Land Development Code ~ 3.9.;~"-'~ 12. Minor revision~ to Coastal Construc~on Setback Uno Variance CCSL-OTolA ~ changes in siting and structures) may be approved, in writing, by the P~ Sen4c~ I:)trecS~ or his/l~er designee. PREPAJ~D BY: BARBARA S. BURGESON(~ ENVIRONMENTAL SPECIALIST II CURRENT PLANNING SECTION DATE REVIEWED BY: ROBF;zt~ J. MULHERE, AJCP, MANAGER CURRENT PLANNING SECTION . :,. ,',, ~, DONALD W. ARNOLD, AJCP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE AUG 05 ~ j DESCRIPTION PELICAN BAY - SOUTH BEACH All that part of Section 8, Township 49 South, Range 25 East. Collier County, Florida and being described aa follows: Co~encing at the northwest corner of Parcel 'D'. Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thz-u 52, Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel 'D', South 1'39'00' East 167.00 feet; thence SOUth 77'45'59' West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Const~ction Control Line and the POINT OF BEGINNING of the parcel herein described: thence continue along said Control Line So~th 4'11'15.7' East 618.31 feet: thence continue along said Control Line South 5e52'49.9, East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 feet more or less to a point which lies on a line that bears South 89'26'00' West fro~ the Point of Beginning; thence alon9 said line North 89'26'00' East 181 feet more or less to the Point of Beginning of the parcel herein described; subject to easementa and restriction of record. PELICAN BAY - NORTH BEACH Commencing at the Northeast corner of the Northwest one- quarter {h~1/4) of said Section 4, Township 49 South. Range 25 East: thence North 89e38'59" West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner Of said Section 4 and the Northeast corner of said Section 5; thence continue North 89'38'59" West, along the North line of said Section 5. a distance of 128].47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line. as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, raid point being South 38'49'24.3" East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10'39'14" East, a distance of 1027.72 feet; thence South 08'23'14.6" East, a distance of 1007.78 feet to a point, said point being South 86'$4'27" East, a distance of 68.13 feet fro~ Permanen= Reference Monument R-35; thence South 08'09'45" East a distance of 419.48 feet to the POI~ OF BEGINNING Of the parcel described herein: thence continue South 08'09'45' East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean Mlgh Water Line for approximately 562 feet: thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIE~7£ EXHIBIT "A" AUG 0 5 1997 EXHIBIT 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO.g7-....._.. PETITION APPROVING WITH CONDmONS PETITION CCSL..g7.1A, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, BOARDWALK AND BEACH STA/RS, IN. FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL WHEREAS, Bratt D. Moore, PE. of Humiston and Moore Engineers. representing 18 I~e Pelican Bay Foundation, Inc., request,~ · vlrtance from the Coastal Cof'lstructjorl 19 Setback Line (CCSL) es required by Collier Cout~ty Ordinance No. 91-102 Divfslor~ 3.13, 20 as amended to allow COnstructio~ of a handicapped beech access ramp, boardwalk and 21 beach stairs, in-filling open areas wffh decking, roof coverings Over decking, restaurant 22 expansior~ and addilion of new decks (See Exhibil Iq): and 23 WHEREAS, Ihe subject property is located at the Pelican Bay North Beach 24 Facility, Pelican Bay Planned Unit Development; and 25 WHEREAS, the proposed structure will exland up Io approximately o~e hundred 26 I~irty (130+) feet seaward of ~ adopted CCSL for fha proposed handicap mn.ko, 27 boardwalk and stairs, and bah,Yeah five (5) feel and eighty f'rve (85+) feet seaward Of 28 lhe adopted CCSL for new deckbqg and constructiorl Over exisling decking; and 29 WHEREAS, the petition is consistent wilh the Collier County Land Development 30 Code Division 3.13. as amended; and 31 WHEREAS, the pelilion is cof~sistent with the Co~lier County Grow'th 32 Management Plan - Conservatic~ ard Coastal Managemenl Element. 33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, I/',at: Variance Petition CCSL- 35 ~7-1A be approved, subiect to lhe fo/lowing cor~itic~s: 36 37 1. A/I proposed tmprov~..ments shal/ be designed in acco~ance w~th ~ standards of 38 the F~a ~Pa~nl of En~r~n~l P~lec~ (FDEP) 39 S~es a~ an npproved FD~P ~ sha:l ~ ~i~, a~ ~s P~e3, ~ to 40 ~suan~ of a Collier ~n~ Bulldi~ Pemfit. 41 42 2. ~st~ a~ivities sholl ~1 ~r ~hin 43 · 45 . z - u~ al, sea tu~e ~ti obtmnlng FDEP and ~ll;ar ~-~. ~ ...... ~ _~, ~ flint su~ ~ AG~. ,-.. - ! AUG051997 1 2 4 ? 10 12 16 17 20 21 25 27 3O 31 32 35 ,tO ,45 4? 5O 55 sg 60 61 62 63 Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL end shall again contact Staff within one week following completion of ~ seaward of the CCSL. Ouldoo~ lighting associated with construction, or development within three hundred (300} feet of the high tide line. she, be in compliance wtlh Division 3,10 of the C<:~ier County Land Development Code. Petitiormr shall utilize only native coastal dune vegetation for all on-sita landscaping beyond the 1974 Coastal Construction Control Line. PettlJoner shall re-vegetale Ihe dune where Ihs dune is devoid of coastal dune vegetation (appropriate to the! specific area I.e. fore-dune or back dune), The vegetalion shall be completed, according to a plan submitted to and approved by Co~lier County Current Planning Environmental Staff. prior to the issuance of e Certificale of Occupancy. In addition to re-vegetating the devoid areas of the dune. this plan shall include mitigation for areas of vegetation removed Io construct decking and ramps. Petitioner shall install appropriate signs In the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher torloise survey (and if necessary a plan to barricade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. Petilioner shall submit copies of all necessary agency berrnils (i.e, FGFWFC for Gopher tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp. boardwalk and stairs to avoid or minimize potential impacts Io existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of the North Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Vadance CCSL-97-1A (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favodn9 same. DONE AND ORDERED this day of ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATrEST; BY: DWIGHT E. BROCK, Clerk TIMOTHY L. HANCOCK, Chairman Ap'prod as to Form and Legal S4:ff~,'..~.n cy: P~e~i Ashton Assistanl County A~ey c¢~-97-1A RESOLU'TION AUG 0 5 1997 l~ DESCRIPTION PELICAN BAY - SOl/TH BEACH All that part Of Section 8, Township 49 South, Range 25 East, Collier County, Florida and being described ss follows: Commencing at the northwest co?net of Parcel 'D', Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida: thence along the westerly line of said Parcel 'D', South 1'39'00' East 167.00 feet; thence South 77'45'59' West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Construction Control Line and the POINT OF BEGINNING of the parcel herein described: thence continue along said Control Line South 4'11'15.7" East 618.31 feet: thence Continue along said Control Line South 5'52'49.9' East 425 feet ~)re or leas to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 feet more or lees to a point which lies on a line that bears South 89'26'00' West from the Point of Eeginnlng; thence along sa~d line North East 181 feet more or less to the Point of Beginning of the parcel herein described: subject to easements and restriction of record. PELICAN BAY - NORTH BEACH Co~r~encing at the Northeast corner of the Northwest one- quarter (NWl/4) of said Section 4, Township 49 Sim/th, Range 25 East; thence North 89'38'59' West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5: thence continue North 89'38'59" West, along the North line of said Section 5. a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, ss recorded in COASTAL SET BACK BOOK 1, Pages 13-25: thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being Sou%h 38'49'24,3" Ess:, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10'39'14" East, a distance of 1027.72 feet; thence South 08023'14.6" East, & distance of 1007.78 feet to a point, said point being South 86054'27" East. a distance of 68.13 feet fro~ Permanent Reference Monument R-35; ~hence South 08009'45" East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08'09'45" East along said Control Line for 562.00 feet: thence leaving said Coastal Construction Control Line. procmed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet: thence proceed due East for approxi~tely 225 feet to the Point of Beginning On said Coastal Construction Control L~ne. AS PROVIDED BY CLIEITT EXHIBIT AUG 0 5 1997 Pi. ~ PETITION CCSL-97-1B, i~RETT D. MOORE, PE, OF HUMISTON AND MOORE ENGINEERS, REPRESENTING THE PELICAN BAY FOUNDATION, INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION CONSISTING OF A HANDICAPPED BEACH ACCESS RAMP, IN-FILMNG OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY SOUTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL. DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL., The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred thirty (130',-) feet for the construction of a handicapped beach access ramp, in- filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B). The subject property is located at the private South Beach Facility owned by Pelican Bay Foundation within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of vegetation from the areas where the handicapped ramp, and new decking will be constructed. The petitioner will avoid or minimize impacts to the Gopher tortoise population which exists on site by field locating proposed improvements. Exotic vegetation will be removed from the boundary of the South Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. The petition is consistent w~th the Collier County Land I~veloprr, ent Code and Growth Management Plan - Conservation and Coastal Management Element. The petition is consist;ant with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed cof~truction to be consistent with the variance conditions of Collier County O,"dinance No. 91-102, Division 3.13, as amended. Approv31 of this petition would have no fiscal impact on the County.. AUG 0 P~...~ OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Banter and Beach 8y~lem Manegement Ptan is adOlXed (Objec~m dut3es. POLICY' 11.4,4 11.4.5 Require dune stabilLzation and re~toration improvements in land projec~ akx~ beach areas. Initiate and support beach and dune restoration and preservation programs where appropriate. 11.4.6 Require nativs vegetation as landscaping in developed act~ in developed coastal barrier systems and on the beach and dune systems. OI~JECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.5 For undeveloped shomline,~, provide iml:m;wed opf)o~unilJes ~ ~, standards which will minimize the Impact of manrnade structures c~ I~e beach and dune systems. POLICY 11.5.4 11.5.11 11.5.13 Prohibit constru~ of any structure ~eawar~ of lt~ Coastal ~ Control Une, Exception shall be for passive ~ stnx:tures, acce~a crossovers, and ConsmJcaon sctlvtfles shaft not interfere with the ~ k,,'rfJe ne~ng, shall pmse~m or min~ze Interference with ~e natural beach dyr~ end funcl~n. For ~.3 beach f:z~nt land devaloprnen! related peojec~ r~quim dune stabiltzation and restoration impm~ements, Lhe rerr~'./val of ex~Uc v~:~ete~n, ~nd rep~acsmem wffi~ na~Jve veg.~'~3tP'...c, as appropriate. AUG 0,5 19g7 / Stal~s analysis indicates that tJ~e petitioner's property is no( located vv~in an area of historical and archaeok~ical probabil~ as referenced on the official Co~er County Probabil~y Map. Staff recommends approval of Petition No. CCSL-97-1B subject to the following stipulations: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP pe. rmit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Pen'nits. 3. Petitioner shall notify Cun'ent Planning Environmental Staff one week prior to commenting work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6o Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Ptanning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and ramps. Petitio[~er shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to barricade the work area or a Gopher tortoise relocation/ management plan) to Collier County Current Planning Environmental Staff for revierw and approval, prio~ to any site improvements or obtaining any building permits, Petitioner shall submit copies of ail necessary agency permits (i.e. FGFWFC for Gopher tortoise) prior to any site improvements or obtaining any building permits. I AUG051=97 ', 3 [. ~,. ~ .~! 41. Petitioner si-mil rerTx~e 811 exotic vegetarUo~ from t~e bounda~ of l~ Sot.~ Et~ Faceit,/ i~ a~ar~:~ with The Collier Co~.mty Lar~! Develo~nt Co~le Se~on 3.9.6.6. 12. Minor revisions to Coastal Construction Setl~ack Line Variance CCSL-97-1B (including changes in siting and structures) may be approved, in wri§ng, by the Plan~ Sen4ce~____ Director or his/her designee. PREPARED BY: BARBARA S. BURGESO~ ENVIRONMENTAL SPECIALIST II CURREHT PLANNING SECTION REVIEWED BY: ,7-~'-q7 DATE /~".~.-~ ~~ I~OB~RT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR PLANNING SERVlCES DEPARTMEI'TT VINCENT A. CAUTERO, ADMINISTRATORI~....' DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSlON 4 PELICAN BAY - SOUTH BEACH All that part of Section 8. Township 49 South, Range 25 East, Collier County, Florida and being described ss follows: Co,~encing at the northwest corner of Parcel 'D', Pelican Bay Unit One according to the plat thereof as recorded in Plat Dook 12, pages 47 thru 52° Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel 'P', South 1'39'00' East 167.00 feet; thence South 77045'59" West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Const~n~ction Control Line and the ~OINT OF BEGINNING of the parcel herein described: thence continue along said Control Line South 4'11'15.7' EaSt 618.31 feet; thence continue along said Control Line South 5'52'49.9' East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High WaTer Line of the Gulf of Mexico, 1150 feet ~re or less tO a point which lies on a line that bears South 89'26'00' West fro~ the Point of Beginning; thence along said line North East 181 feet ~ore or less to the Point of Beginning of the parcel herein described: subject to easements and restriction of record. PELZC.~N BAY - NOR'ZT~ BEACH Cofl~encing at the Northeast corner of the Northwest one- quarter (~1/4) of said Section 4, Township 49 South, Range 25 East; thence NortL 89'38'59' West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5: thence continue North 89'38'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, ss recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5' East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38'49'24.3' East, a distance of 322.15 feet forr~ P.R.M. 64-78-A-07; thence South 10'39'14' East, & distance of 1027.72 feet: thence South 08'23'14.6' East, a distance of 1007.78 feet to s point, said point being South 86'54'27' East, a distance of 68.13 feet fro~ Permanent Reference Monument R-35; thence South 08'09'45' East a distance of 419.48 feet to the ~OINT OF BEGINNING of the parcel described herein: thence continue South 05'09'45' East along said Control Line for 562.00 feet: thence leaving said Coastal Construction Control Line, proceed due Welt for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico: thence proceed Northerly along the Mean High Water Line for approximately 5~2 feet: thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construe=ich Control Line. AS PROVIDED GY CLI~,T EXHIBIT AUG 0 5 ]997 P~. ~"_..____ EXHIBIT "B" $ 6 7 9 10 11 12 13 14 15 16 RESOLUTION NO.BT-~ pETITION APPROVING WITH CONDITIONS PETITION CCSL-97-1B, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, IN-FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PEUCAN BAY SOUTH BEACH FACILITY, PEHCAN BAY PLANNED UNIT DEVELOPMENT '(SEE EXHIBIT A FOR LEGAL DE~CRIFTION), SECTION 8, TOWNSHIP 45 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Bre~t D. Moo·. PE, of Htxniston taxi Ivkx3m Engineers, representing 17 ~ Per, can Bay Foundation, Inc.. requests · variance lmm Ih· Coastal Ca3atnJctlon 18 Sef~<:f< IJne (CCSL) as required by ColT, er County Ordif,.afx:e No. 91-102 Dfvision 3.13. I 9 as emended lo allow construction Of · handicapped beech ~::cess ramp. irt-filling open 20 areas with deckh~, roof coverings over ~. r~stau~nt expansion and addition Of 21 new decks (See Exhibit B): and 22 WHEREAS, the sub)·ct property is located It ~he Pelican Bay Sou~h Beach 23 Facility. Pelican Bay Ptanned Unit Development; and 24 WHEREAS, the proposed stnJctuf$ will extend approximately one hundred fffleen 25 (115+) feet seaward Of the adopted CCSL for the ~ handicap ramp. ·nd 26 between fifty (50) feet and one hundred Ihirly (130+) feet seaward Of the adopted CCSL 27 for new deckir~g end construction oval existing decking; and 28 WHEREAS. the pe(ition is consistent ~ the Co~ler County Land Development 29 Code Division 3.13, as amended; and 30 WHEREAS, the petition is consistent with the Collier County Growth Management 31 P~an - Conservation and Coastal Management Element. 32 NOW. THEREFORE. BE IT RESOLVED 'BY THE BOARD OF COUNTY 33 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Variance Petttion CCSL- 34 97-1B ~'e approved, subject Io the follow~.ng cor~itlons: 35 36 37 38 39 40 41 42 43 45 46 All prol:>O'.,ed improvements ~t,,all be ~,ligned in acco'dance with the standards of, the FIc, dda Department of E~tal Protection (FDEP) Divtsk:~ cf B~ache$ and Shores end an epproved FDEP permit ah·Il be obtained, and copies provided, prior to iasuance of a Co, lief County Building Permit. Construction activities shall not occ3dr within oe, e hur~red (100) f~l of ~e sea tu~ie nesting zoo, defied by ~P~r ~ ~ ~l~nt ~e O~s~ O~o~r 31, ~a ~ ~sti~ ~eason, ~t~ f~ ~ 3.10. ~een May I - AG[~JT~ submittingNesti~ ~eaa~pe~ts.°blaining FDEP a~ ~r C~. ~s~ tn ~a TTle No. ~ / AUG 0 5 ~997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 51 52 53 55 57 59 60 63 65 DONE AND ORDERED this ATTE ST: DWIGHT E. BROCK, Clerk 3. Petitior~er shell r',otlfy Current P~anning Environmental Staff ~ week pdor Io corru'nendng wo~ seaward of the CCSL and shaft again contac1 Staff within one week following completion of work seaward of the CCSL. 4. Ouldoor' I~hflng associated with cof~stmction, o~ development within three hundred (300} feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Developmen! Code. 5. Petitioner shall utilize only native coastal dune vegetalion for all on-site landscaping beyond the 1974 Coastal Construclion Cor~,trol Line. 6. Petitiof~r shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate Io that specific area i.e. fore-dune or back dune). The re-vegetation shell be completed, according to I plan submitled 1o and approved by Collier County Currenl Planning Environmental Staff, prtor to the Issuance of a Certificale of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall incJude mitigation for areas of vegetation removed to construct decking and ramps. 7. Petitioner shall install appropriate ligns in the re-vegetation area tc,<:licating thai beach users are requested not to Intrude into this re-vegetation area. 8. Pelitioner shall submit a Go~her tortoise survey (and if necessary a plan to barricade the work area or a Gopher Iortoise relocation/ management plan) to Collier County Cun'ent Planning Environmental Sta~'f for review and approval, pdor lo any sile improvements or obtaining an7 building permits. 9. Pelitioner shall submit copies of all necessary agency permils (i.e. FGFWFC for Gopher tortoise) prior Io any site improvements or obtaining an)' building permits. 10. Pelitioner shell field locate handicapped ramp to avoid or minimize potential impacts to existing Gopher Iortoise and thetr burrows. 11. Petitioner shell rer~tove all exotic vegetation from the boundary of the South Beach Facility in accordance with The CoIlier Counb/ Land Development Code Section 3.9.6.6. 12. Minor revisions Io Coastal Construction Setback Line Variance CCSL-97-1B (including c~anges in s~ing and structures) may be approved, in writing, by Planning Services Director or his/1'ter designee. This Resolution adopted after motion, second and majodty vote favoring same. day of. ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Approved as lo Form and Legal Suff'K~ency: Heidi Ashton Assistant County Attorney cc.~l-g7.1B RE,.~.UTION L AUG 0 5 1997 L~L D~SCRIPT~ON ~EL~CA~ B~¥ o SOUT~ ~11 that part of Section ~, To. ship 4~ South, Range 25 Collier County, Florid· and being delcribed ss follow·: Co~m~encing ~ ,he northwest corner o~ Parcel '~-, Pelican Bay Uni- ~ne according to the plat thereof as recorded in Plat Soo~ 12, pa~es %7 th~ 52, Collier C~nty ~blic Records, Col] .er C~unty, Florida; thence along the westerly line saic ~ar~el "D', South ~'39'00' East 167.00 feet; thence Sout~ 77'45'59- ~est 1866.~2 feet tO a point on the Florida DeparL~ent of Natural Resources Coastal Const~ction Control Line ~nd ~i.e POI~ OF BEGI~ING of the parcel herein ~escribed; thence c~tinue along said Control Line South East 618.31 feet; thence continue ·long said Control Line S~th 5'52'49.9- East 425 feet ~ore or less to the Mean Nigh Water Line of Clam Pass: thence northwesterly along the ~an ~igh water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico. 1150 feet ~re or leis to a point which lies on a line that ~ars South 89'26'00' West ~r~ the Point of Begi~ing~ thence ·long laid li~e North East 181 feet ~re or less to the Point of Beginning the parcel herein described; sub3ect ~0 ease~ent~ and re~triction of record. PELICAN BAY - NORTH BEACH Co, wnenc~ng at the Northeast corner of the Northwest one- quarter [N~l/4} of said Section 4, Township 49 South, Range 25 East; thence North 89038,59- West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section S; thence continue North 89'38'$9' West. along the North line of said Section 5. · distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1. Pages 13-25: thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5' East a distance of 142.75 feet to a point on the Coastal Construction Control Line, slid point being South 38'49'24.3' East, a distance of 322.15 feet form 64-78-A-07; thence South 10t39'14- East, a distance of 1027.72 feet; thence South 08'23'14.6- East, a d/stance of 1007.78 feet to a point, said point being South East, · distance of 68.13 feet from Permanent Reference Monument R-3S; thence South 08'09'45' East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08'09'45- East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for &~roximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approxi~nately S62 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIENT EXHIBIT "A" AUG 0 5 1997 -I EXHIBIT EXECUTIVE SUMMARY APPROVAL OF AN ORDINANCE ENABLING CODE ENFORCEMENT PERSONNEL TO ISSUE CITATIONS FOR CODE VIOLATIONS QBJECWIVE; To obtain Board approval of an ordinance enabling Code Enforcement personnel to issue citations for code violations as a supplemental means of enforcement and provide the necessary mechanism for the collection of associated fines. CONSIDERATION: Citation ability is a supplemental code enforcement tool which is particularily efficient for dealing with repeat violators. Basically, the citation process offers a simple, uniform means of disposing uncontested cases by allowing the violator to pay an established fine in lieu of a court trial. The fine schedule provides progressive ($100, $250, $400) penalties for subsequent (repeat) violations. Currently, the cited violation must exist at the time of the Court or Code Enforcement Board Hearing to warrant a fine. Through the Court process on a first violation, the violator is given a reasonable compliance time. If the compliance date is not met, a Notice to Appear to Court is issued. If the violator abates the violation the day before the hearing, no fine is imposed. The process must be repeated for the next violations. The Code Enforcement Board procedure allows for enhanced fmcs for subsequent violators, but the Board must have previously adjudicated against the violator before repeat status will be imposed. As in the Court process, if the violator is in compliance on the day of the Board hearing, he/she can escape penalties. With the citation procedure, however, a violator can be cited, given a reasonable time to comply a.n.d can be fined immediately for failure to comply by the ordered date. If the violation recurs, a second citatic~/.~~ang):"=':~) will be issued immediately without additional compliance time. gUG 0 5 1~7 /L[~7..a~~: This project is to be implemented administratively through the Collier County Clerk of Courts at a per-case cost which is comparable to that currently expended for Court prosecution. Specifically, the start-up and first year's operating costs, which are currently budgeted by the Clerk, are estimated to be approximately $15,000. With the exception of the County Attorney's stafftime for preparation of satisfaction documents, all other costs associated with the implementation of the citation procedure are statutorily mandated and charged by the Clerk to the County on a per unit basis (i.e. preparation of judgments, certified copies and recording fees @ $10-$12 per case). GROWTH MANAGEMENT IMPACT: Provides supplemental enforcement tool for advancing safe, decent and sanitary housing pursuant to Policy 1.3.1 of the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board approve the attached citation ordinance as a supplemental code enforcement tool and provide the necessary mechanism for the collection of associated fines and approve all necessary budget amendments required for the collection of these fines. SUBMITTED By.c-~, ~t,o t~. ~-&'-]~.O Date: '7/~8/~7 Linda P. Sullivan, code~nforceme~nt l~irector REVIEWED BY: __ Date: APPROVED By~.','~ .//. ~5" / Vincent A. Cautero AICP, AdminiStrator, Community Development & Environmental Services Division I 4 6 7 8 9 I0 II 14 16 17 18 21 .*3 2~ 26 27 33 ~0 .17 38 41 ORDINANCE NO. 97- AN ORDINANCE ESTABI.ISIIING SUPPI.EMENTAL COLLIER COUNTY ORDINANCE ENFORCEMENT PROCEDURES; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR TITI.E AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY IN A1.L UNINCORPORATED AREAS OF TIlE COUNTY; DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTtlORIZING ISSUANCE OF CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS; PROVIDING FOR CIVil. INFRACTIONS; PROVIDING FOR CITATION AND NOTICES TO APPEAR PROCEDURES; PROVIDING FOR TIlE FORM OF CITATIONS AND NOTICES TO APPEAR; ESTABI.ISIIING A SCIIEDUI.E OF VIOI.ATIONS, OPTIONS AND PENALTIES REGARDING CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR CONFi. ICT AND SEVERABII.ITY; PROVIDING FOR INCI.USION IN TIlE CODE OF I.AXVS AND ORDINANCES; AND PROVIDING AN EFFECTiX'E DATE. \VIIEREAS, ^rlicle Vlll of the Constitution of the Stale of Florida authorizes Florida counties to exercise broad home nde powers: and 'WIIEREAS, §125.01(I ). Florida Statutes, provides that Iht legislative and governing body of a Cotmty shall have the power to carry on County government and that said pov.'cr inch:des, hut is not restricled IO. a number of powers set forlh in ~125.01, Florida Statutes, so long as any powers exercised are not inconsistent wilh general or special laws; and ~VIIEREAS, .~ 125.01{I)(t). Florida .~mtute.v. prin.'ides that a County may adopt ordinances and resolulions necessary {'or thc exercise o{' its powers and prescribe fines and penalties {'or the violation of ordinances in accordance with /ax,,,; and ~3,'[IEREAS. §125.01{3){a) & {b), Florida .~tatutes, recognize that the enumeration of powers in .~125.01(l), lrlorida .~zacutes, shall he deemed to incorporate all implied powers necessary or incident to carrying out such powers cnt,mcratcd and that ~12.~.01, I~lr~rida ,~hlm/t'$, shall he liberally constnJed to effectively carry out the purpose of this Section and to secur for lbo. order AU~ 0,5 1997 I County the broad exercise of home rule powers authorized by thc State 2 Constitution; and 3 WItER£AS, the Board of Counly Commissioners of Collier County duly 4 enacted Collier County Ordinance No. 92-80, as amended, "Thc Collier County 5 Code Enrorcemenl Boards Ordinance," pursuant Io Chapter 162, Florida 6 "Thc Local Government Code Enrorccmcnl Boards ^el"; and 7 WItEREAS, thc intent and purpose of thc Collier County Code 8 Enforcement Board's Ordinance is to promote, protect and improve the health, 9 safety and welfare of thc citizens of thc County hy authorizing thc creation of 10 administrative boards, with aulhorhy to impose administrative fines and other 11 non-criminal penalties, in order to provide an equhahle, cxpcdhious, effective and 1:2 inexpensive mcfl~od ofcnforcing thc codes and ordinances or/he County, with thc 13 exception of traffic violations, where a pending or rcl-,Calcd via[al/on continues to I,~ exist, including, but not limiled to, horsing, occupational licenses, fire, 15 dcvclopmen! standards, building, zoning and sign codes; and 16 ~VIIEREAS, pursuant to thc authority vested in Collier County by Chapter 17 162. Florida Statute.i. and pursuant to Ordinance No. 92-g0. as amended, the 18 Board of County Commissioners of Collier County has designated ccrlain 19 employees and agents as Code Enforcement Officers. whose duty it is to assure 20 code and ordinance compliance and who are responsible for the enforcement 21 and/or implementation of codes and ordinances of thc County; and 22 WIIEREAS. Chapter 162. Part Il, F/ar/da Stanacs, provides for a 23 "Supplemental Code Enforcement Procedure" whereby duly designated Code 24 Enforcement Officers are authorized to issue citations or notices to appear 1o a 25 person when. based urmn personal investigation, an Officer has reasonable cause 26 to believe that the person has commitlcd a civil infraction in violation ot'a duly 27 enacled code or ordinance and that the County Court will hear the charge; and 28 WIIEREAS. the Board of Cot,nty Commissioners desires to establish, 29 pursuant to the authority vested in il by Chapter 125. Florida Stat.teL and 30 Chapter 162. Part i[. £1orida .~tcm~tcs. a supplemental county code or ordinance 31 enforcement procedure w/Ih respect lo Ihosc certain ordinances and codes, as 32 further specified herein, and accordingly, duly designate specific Coac 33 Enforcement Officers with lhe authority lo issue such citations and ' no! i e~,~r-~ 34 appear, purst,ant 1o Chapter 162. Part ,,.F/nri,/a.~,at,tte$. IAUG051997 I 2 Io II 12 13 14 15 18 2o 21 23 2.1 29 3~ 31 32 33 34 NOW, TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUN'T~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, lhat: SECTION ONE: FINDINGS AND PURPOSE. Thc Board of County Commissioners docs hereby make Iht following findings: I. The provisions of §162.21-162.23, Floridn Stntutcz, of Chapter 162. Part ii. cited as "Local Government Code Enforcement Boards ACl," is specific authority which provides for a County IO establish an additional and supplemental County code or ordinance cnforccmcnt procedt,re ordinance. 2. Il is in thc bcsl intcrcsl of Iht citizens of thc County lo supplement Collier County Ordinance No. 92-80, as amended, by creating Ihis Collier County Supplemental Ordinance Enforccmcnt Procedures Ordinance. 3. It is the intent -',nd p~trposc of this Ordinance to promote. prolect and improve thc hc:',lth, safety and welfare cf the citizens of thc County by authorizing the creation of this Ordinance which esiablishes a procedure by which duly designated Code Enforccmcn! Officers arc authorized to issue citations and notices to appear, under thc circumstances set forth below, for civil infractions which are reasonably believed to bc violations of duly enacted codes or ordinances and that lh¢ County Court will hear such charges. 4. Whereas. thc est:blishment of a schedule of violations and penalties shall promolc enforcement of County codes and ordinances as well as judicial economy by providing for progressive sanclions for violations and avoiding ~he waste ofj,dicial resources fi~r uncontested matters. SECTION TWO:TITLE AND CITATION. This Ordinance shall he known and may hc cited as thc "Collier Counly Code Enforcement Citation Ordinance." and may bc also cnmmnnly referred to, in shoo form, as the "Citation O~dinanc¢." SECTION TIIREE: DEFINITIONS. The following words, tcrms and phrases, when used in this Ordinance, have thc mcanings ascribed to them in this section, except where thc co hall AG2Z ": '" AUB 0 5 i · Pi..---------- I 2 3 ~0 II 13 16 20 21 27 2S 31 32 clearly indicates a difFcren! meaning. Said definitions arc inclusive as well as supplemental to those definitions s¢t forth in Chapter 162, Florida Statutes. and Collier County Ordinance No, 02-80, as amended: I. Code £nforeeme.t Oj'jgcer refers lo any designated employee or agcn! of thc County whose duty it is to enforce codes and ordinances enacted by Ibc County. Employees or agents who may be designated as Code Enforcement Officers. for the purposcs of' this Ordinance, may includc, but arc not {imiled to: Law Enforcement Officers Code Enforcement Director. Code EnForccmcn! Supcrvisors, Code Enforcement Invcstigalors, and Code Enforcement Compliance Investigalor for Revenue Services. 2. Non'ce ;n 4??ear refers to :, writlcn order issued hy a Code Enforccmenl Officer in lice, of' physical an'cst requiring a person accused of violating thc {aw to appear in a designated court or govcmmcn! off]cc at a specified dale and time. Ifa person refuses to sign thc Notice to Appear, Ihc Code Enforcement Officer has no authority to an'cst such person. 3. ?crsnn refers to .',nd inch,des any natural person, individua{, public or prh'atc corporation, firm, -',ssociaHon, joint venture, pannership, municipality, governmental agency, political subdivision, punic officer or any mhcr entity whatsoever, or any combination of st,ch, jointly and/or severally. SECTION FOUR: APPI.1CABII.ITY. This Ordinance shall apply In and be enforced in all unincorporated areas of Collier County and shall be deemed in addition to and supplemental to Chapter 162, Pan I and Pan II, Flnritln Statutes. and to the Collier County Code EnForccmem Board's Ordinance. Ordinance No. 92-80, as amended. SECTION FIVE: DESIGNATION OF CERTAIN COUNTY EMPI.OYEES AS CODE ENFORCEMENT OFFICERS AND AUTIIORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR. I. Subject to thc successful completion oflbe required training program, the following County employees or agents are hereby designated as Code Enforcement Officers wifl~ authorizalion tn issue cilalions and notices to appear as an additional and st, pplemcntal means of obtaining complianc,' with County Codes and Ordinances: Law Enforcement OFficers: Code Enforcement Director; AUG 0 Pi. Code Enforcement Supervisors; Code Enforcement Investigators; and Code Enforcement Compliance Investigator for Rcvcnue Services. 2. Designation as a Code Enforcement Officer wilh authorization Io issue citations and noficcs to appear does not provide the designnted Code Enforccmcnt Officer with thc powcr of arrest or st,hjcct thc Code Enforcement Officer to the provisions of §943.085-§943.255, Florida Stat,res. I 4 $ 6 ? 8 SECTION SIX: TRAINING OF DESIGNATED CODE ENFORCEMENT 9 OFFICERS TO ISSUE CITATIONS AND NOTICES TO 10 APPEAR. II 12 The training of designated Code Enforcement Officers for issuing 13 citations/notices to appear shall he implemented by thc Collier Courtly Code 14 Enforcement and Human Resources Departments which shall maintain in Iheir tS respective department files a v,'riuen procedure as to Ibc necessary training 16 requirements. Topics in Il'sc training shall include, but arc not limited to. Ihe 17 following: 18 I. TI IE CITATION AND NOTICE TO APPEAR 19 a. Applicable laws and enabling legislation 20 b. Purpose of citation and not/cc to appear procedures 21 C. Powers and limitations of citation and notice IO appear 22 procedures 23 2. RESPONSIBILITIES OF TI IE CODE OFFICER 24 a. Enforcement Policies 25 I. Whcn to use citation and notice to appear power ,,6 2. Warnings 27 3. ISSUING CITATION AND NOTICE TO APPEAR 28 a. Form of citation and notice to appear 29 b. Applicable laws 30 c. Warning not/cc required 31 d. Chun data 32 e. Practice writing citations and nnliccs to appear 33 4. SIGNATURE OF CODE VIOI.ATOR and/or REFUSAL TO SiGN 34 a. \Vhal to do Io obtain signature 3s b. Procedure for rcfi~sal to sign AUG O 5 1997 7 c. How to obtain Sheriff's assistance d. Emergency contact procedures PUBLIC CONTACT a. I Iow to handle difficult situations b. Angry people SWORN STATEMENTS KEEPING FILES a. Documentation and building a case h. What to do with files for courl action COURT ROOM PROCEDURES Appearance Demeanor Testimony Jt~dges SECTION SEVEN: POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS 10 I! 12 13 14 15 16 17 19 I. h shall he the duty of Ihose persons designated in this Ordinance, 20 who have succcssfi,lly completed the reqt,ired Iraining, to issue a citation(s) or 21 notice(s) to appear to a person(s) ',,,'hen, based upon personal investigation, thc 22 Code Enforcement Officer has reasonable cause to believe that the person(s) has 23 (have) commiued a civil infraction in violation o£ any of Ihe following duly 24 enacted codes or ordinances mentioned in Subsection 2, and that thc County Court 25 will hear lhe charge(s). 26 2. Thc following codes and/or ordinances may be enforced by thc 27 procedures set fortl~ in this Ordinance: 28 A. Collier Count)' I.and Developmenl Code, Ordinance No. 91- 29 102 Violations as amended, violations: Unlicensed Vehicles, Sec. 2.6.7.1; .10 Commercial Vehicles. Sec. 2.6.7.3: Dumpsters, Sec. 2.6.15; Fences, Sec. 2.6.11; 31 Recrealional Vehicles, Sec. 2.6.7.2; Signs, Sec. 2.5; Prohibited Uses, Sec. 2.1.15; 32 Sile Work Widmut Permit, Sec. 2.7.6. Par. I & 5; l.andscaping and Buffering, Sec. 33 2.4.5. 34 B. Collier County Ordinances: Litter/Exotics ford. No. 911)); 35 Housing (Ord. No. 89.06); Noise tOrd.tNo._ 93-77); Occupational License'[fOrd' AUG 0 5 1997 lair. , ~ No. gl-42): Right of Way (Ord. No. 93-64): Vehicle For Hire (Ord. No. 95-66), and Solid Waste (Ord. No. 90-30). I 2 3 ~ SECTI'ON EIGI[T: CIVIl. INF~^CTION. 5 A violation of=ny codes or ordinance for which a citation/notice to appear 6 is issued, under the aulhority provided in Section Seven, is a civil infraction 7 subject to the enforcement procedures set I'onh in this Ordinance and any other S applicable enforcement procedure set £onh in .',ny other County Code/Ordinance, 9 and in F/orirln .S';nntrcs. Said civil infraction shall carry a maximum civil pcnahy 10 not to exceed $$00.00. A ch'il pcnahy of less than thc maximum civil penalty I I may apply if thc person who has committed the civil infraction does not contest 12 lhe citation. Each violation of a code or ordinance shall be a separate civil 13 infraction. Each day each violation shall continue beyond Ihc time period For 14 correction stated in the citation or notice to appear, shall be deemed lo constitute a separate civil infraction. SECTION NINE: CITATION AND NOTICE TO APPEAR PROCEDURES. IS 16 17 18 19 20 I. Prior to issuing a citation or a nolicc to appear, a Code 2t Enforcement Officer shall provide wrillen notice to Ibc person that thc person has 22 commitled a violation of a Code or Ordinance and shall cslablish a reasonable 2.1 time period wilhin which the person ms,st correct Iht violation. Such time period 24 shall be no more than thirty (30) days if a citation is issued. Such time period 25 shall be no fewer than five (5) days and no more Ihan thirty ('30) days ifa notice to 26 appear is issued. If, upon personal investigation, a Code Enforcement OFficer 2'/ finds that Ibc person has not corrected Ibc violation within Iht time period, a Code 2s Enf'orccmcnt OFficer may issue -', cil31ion or .-, noticc to appear to thc person who 29 has committed thc violation. A Code Enforcement Officer does not have Io 30 provide thc person with a reasonable time period Io corrcct thc violation prior Io 31 issuing a citation or notice to appear and may immcdiatcly issue a citation or 32 amice to appear il' a repeat violation is £ound or if Iht Codc En£orccmcm Officer .33 has reason to hclicvc thal thc violation presents a serio,s Ihrcal IO thc public 34 heahh, safety or welfare, or iftl~c viol=finn is irreparable or irreversible. I 4 6 7 8 Io II 13 14 17 21 .~4 .31 ~4 2. Written warning nodccs, if applicable, and citations/notices to appear shall be provided Io the allcged violator by hand dclivcry by thc Code Enforcement OFficer. In thc abscnce of Ibc alleged violator, issuance of a written warning notice or citation nr notice Io appear may be accomplished hy leaving a copy at Ibc alleged violator's residcncc with any person residing therein who is fi Fleen (15) years of age or older and informing thc person of thc conlcnts or by registered or codified mail, rclum receipt requested. Issuance of a wrilten ',vaming noticc or citation or notice to appear lo a business may be accomplished hy leaving a copy al thc husiness, during regular business hot,rs, with any employee and informing Ihe employee of Ibc contents or by registered or certified mail. return receipt requested. Each employee of thc business shall be deemed Ia he an agent of the business For service of warning notices and citations/notices to appear. 3. AFIcr issuing a citation or notice to appear Ia the alleged violator, the Code Enforcement O£ficer shall dcposil the original citation or notice to appear and two (2) copies of thc citation or notice to appear ',,.'iH~ Iht County Court. 4. Upon issuance of.', citation or notice lo appear, Iht Following options apply: :'. A person who elccls nol Io contest thc citation or notice to appear may pay thc civil pcnahy as set om herein within thirty (30) days From issuance oFIhe citation nr notice to appear; or b. Thc person cilcd may conlcst Ihe cilatJon or notice lo appear in Cotmty Court. In such cascs where a pcrson wishes to contcsl citation or notice Io appear, Ibc person must rcqtaesl, in wriling, a court dale from thc Clerk of Courts wilhin Ihiny (30) days of issu.~ncc of ~he citation or noficc to appear. 5. A person who Fails to pay thc civil penalty within Ibc established period of lime, Fails tn request a court d:,tc, and/or Fails Io timely con~cst thc cilation or notice to appear shall hc deemed Io have waived his or her right lo contcsl the citation or notice Io ~ppcar and, in such case, judgmem shall be entered againsl thc pcrson For thc amount ol'd~c maximum civil pcnalty ($500.00). 6. In thc event a civil judgment is entered againsl a r~rson .A.c~:~:~)~'~.4\ pursuant lo thc provisions of' II,is Ordinance, thc Courtly may record a ce UG 0 5 1997 6 ? 10 II 12 15 16 I? 18 19 24 .')6 copy of said judgment in the Official Records of Collier County. If a person pays the civil penalty for which a civil judgment has been recorded, the Clerk of Courts shall notify the Collier County Code Enforcement Department when the judgment has been paid and a satisfaction of judgment shall be prepared and recorded in the Official Records of Collier Counly. '7. The provisions of this Section -',re an additional and supplemental mc.ms of enforcing County Codes and/or Ordinances and may be used for the enforcement of any applicable County Code or Ordinance as enumerated above. Nothing contained in this Ordinance shall prohibit the County from enforcing its Codes and/or Ordinances by any other civil, administrative and/or criminal means. 8. Thc provisions of Ibis Section shall nol apply to enforcement, pursuant to §553.'79, Florida Statutes, and §553.80, Florida Statutex, of thc Building Codes adopted Io §553.73, Florida Statutes, as lhey apply to construction; provided Ihat a building permit is either not required, or has been issued by thc County or a municipality. For thc purpose of this Subsection, "Building Codes" means only those codes adopted pursuant to §553.73, Florida Statutes. SECTION TEN: FORM OF CITATIONS AND NOTICES TO APPEAR. The citation and notice to appear forms In bc issued by thc Code Enforcemenl Officers designated hcrcin shall be in a form prescribed by thc County and shall comain: 1. The date and time of issuance. 2. Thc name and address of thc person to whom the citation is issued. 3. Thc date and time Iht civil infraction was committed. 4. Thc facts conslituling reasonable cause. 5. Thc number or section of thc ('nde or Ordinance violated. 6. Thc name and authority ortho Code Enforcement Officer. ?. The procedure for the person Io follow in order to pay the civil penalty or to contest ti~e citation or notice to appear in County CourL AUG 0 5 1997 I 8. Thc applicable potential civil i~nalty if thc person elects to 2 contcsl thc citation or notice Io appear. 3 9. Thc applicahle civil pcnahy if Ibc F, crson elects hal to conies! 4 the Cilation or notice to appear. -~ 10. A conspicuous statement that, iFlhc person fails to pay Ihe civil 6 penalty within thc time alln',,,,cd, and/or Fails to request a hearing date and/or ? appear in County Court IO I/mcly contest thc citation or notice to appear, such S person shall bc deemed lo have waived the right to contest thc citation or notice to O appear and that, in such case, judgmcnl shall bc entered hy thc Clerk of Couns IO against thc person For thc amounl o£thc maximum civil penalty o1"$500.00. I1 12 SECTION El. EVEN: ESTAilI.ISIlING A .c;CIIEDUI.E OF VIOI.ATIONS, 13 OPTIONS AND PENAl.TIES, REGARDING 14 CITATIONS AND NOTICES TO APPEAR. 15 16 I. Thc Board of County Commissioners herehy cslablishes, pursuant 1o 17 Section One, Number 4 of this Ordinance, a schedule ofviolations and penalties to tit be assessed by Code Enforcement Officers for those Codes enforced pursuant to t9 this Ordinance. 2O 2. Schedule of violations -~nd ~enahies: Code/Ordinance Name' Sec. ~ Unlicensed Vehicles Sec. 2 &.7.3 Comrncrci',l Vehicles Dumpslcrs Fences Sec. 2.6.7.2 Recrenlional Vehicles Sec. 2.5 Signs See. ~ Prohibilcd Uses Amount Amnun[ S250¢KI Amounl Itl AUG 0 5 1997 ~,. /-'L Code/Ordinance !" Offense 2'a Offense 3" Offense Hame* Amoun! Amoun! Amoun! Sec. 2.4.5 S I o0.o0 $25¢).~0 $400.00 Land~:aplng & guffm'ing Sec. 2.7.6. Par. I & 5 SlfhO.00 $250.00 Sitc Work Withou! Peri'hi! Ord. No. 89-06 S 100.00 S250.00 $400.00 Itousing Code Violations Ord. No. 91-47 S I on.00 S25{L00 $400.00 LittcffExolics Ord. No. 93-77 SIO0.00 $250.00 $400.00 Noise Ord. No. 81.42 SI00.OO S250.00 S400.00 Occupalioml License Eh'd. No. 93-(~.1 S IO0.00 S250.r~) S4oo.o0 Righl-of-Way Ord. No. 90-30 S 10000 $250.(X! $400.00 Solid Waste Ord. No. 95-06 S I (xl.¢x3 S250.00 S400.00 Vehicle For Hire 'All CODES/ORDINANCES ARE DEEMED TO BE AS AMENDED. 2 3 5 3. Thc following options arc available to a person who has been issued a 6 citation or notice to appear in accordance with this Ordinance: 7 a. If a person elects not Io contest a citation or notice to appear, 8 thc person may pay thc appropriale civil penalty, ac $Cl forlh by Resolution, within 9 thirty (30) days From issuance of the citation or notice to appear to the Clerk ortho Ir} Circuit Court. Il b. IF a person elects to contest a citation or notice to appear in 12 County Court anti, after trial before the Cmmly Courl, is adjudicated to have 13 committed a violation, a civil penally not to exceed Five llundred ($500.00) Dollars shall be imposed by the County Court. The County Judge ma), also[order AUG051997 I 2 3 4 6 7 Io I! 12 13 16 t7 18 2o 21 23 24 27 28 2~ 3n 31 32 33 Ibc violator to eon'cci the violalion. Courl costs, Icgislalivc assessments and costs of'prosecution, all as provided For hy law, shall be assessed by thc County Court. 4. IF a person fails to pay the civil pcnahy within the time allowed, and/or Fails to request a bearing and/or appear in County Court Io contest the citalion or notice to appear, thc violator shall be deemed to have waived Ibc righl to conics! thc citation or nolice to appear and judgment shall be entered by thc Clerk against the person For the maximum civil pcnahy, in thc amount of $500.00 per violation. S. Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement OFficer shall be guilty oFa misdemeanor of thc second degree, punishable as provided in §775.092 or .~775.083, Flor~da Stnnaes. SECTION TAVE1.VE CONFLICT AND SEVERAlllLITY'. In the event this Ordinance conflicts with any other ordinance of Collier Co,my or off,er applicable law, thc more restriclive shall apply. If' any phrase or ;~ortion of lifts Ordinance is held inv.',lid or unconslhulional by any court of cornpetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not -',FFect the validity of thc remaining portion. SECTION TIIIRTEEN: INCI.USION IN TIlE CODE OF LAWS AND ORDINANCES. The provisions oF this Ordinance shall become and be made a pan of thc Code of l.aws -',nd Ordinances of Collier County, Florida. The sections of the Ordinance may be rem,mbcred or rclcttercd to accomplish such, and thc word "Ordinance" may he changed to "Section." "Article." or any other approprialc word. SECTION FOURTEEN: EFFECTIVE DATE. This Ordinance shall become cff'cctive t,pon filing wilh the Department of State. 12 AUG 0 5 1997 I 2 3 4 6 tl 12 ~3 ~5 ~6 2~ 2~ 2~ 27 PASSED AND DULY ADOPTI~D by Iht Board of Coumy Commissioners of Collier County, Florida, this, day of ,1907. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA By: TIMOTIIY L. IIANCOCK, CHAIRMAN Approved as Io Form and legal sufficiency: Chief Assistant County Allomey 13 AUG 0 5 1997 COLLIER COU~'TY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAR/NGS To: Clerk to the Board: Please place the following Is a: X Norrml legal Advertisement {-] Other: (Display Adv., location, etc.) ;.Z i'j/ ; ':;o';;, .............. : :. 7 ; ; j.' ; ; ; ............ P~6on No. (If none. give brief&~ription): AY 97-013 Petitioner: CNune & Address): 951 L~nd Holdings $oint Venture, 400l Tami~ni Trail North *350, Naples. FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Sec at'ached list. Hearing before X BCC BZA O~her Requested Hcaring date: ('B,ued on advertisement appearing 10 days before hearing.) JuJy 29, 1997 Newspaper(s) to be u~d: (Complete only if important): X Naples Daily News [] Other X Legally Requited Proposed Text: (Include legal de~:nption & common location & Size): PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILITIES EASEMEN'I'S AND DEDICATIONS WTTHIN THAT PORTION OF CHAMPIONSHIP DRI%'E (F/D/A MARRIOI'r CLUB DRIVE) LYING EASE OF T'HE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION; FIDDLER'S CREEK PARKWAY (F,'ICtA TOUKN'AMENT BOULEVARD); CLUB CENTER BOULEVARD (F 'KJA CHAMPIONSHIP DRIVE, AS SHOWN ON THE MARCO SHORES UN'IT 30 GOLF COURSE PLAT: AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O R BOOK 1557, PAGE 2335, ET SEQ: ALL LOCATED IN SECTIONS la &lO 15, TOWNSHIP 51 SOLrTH. RANGE 26 EASE. COLLIER COL~TY. FLORIDA. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost7 X Yes [] No If Yes, what account should be charred for ad~ erasing costs: 101-163610-649100 ' Division Head 7 List Attachments: Petition and Resolution. Approved by: County Manager Date DISTRIB IT/ON iNSTRUCTIONS For hearings before BCC or BZA: Initiating per, on to complete one coy and obtain Dbision Head approval before submitting to Count)' Manager. Note: Il'legal document is Involved. be sure that any necessar), legal revte~-, or request for same, Is submitted to Count)' Attorney before submitting lo Count)' Manager. Tl~e Manager's office ~tii distribute copies: [] County ,Manager agenda file: to Clerk's Ol,fice [] Requesting Db'islon Original B. Other hearings: Initiating Division head to approve and subtmt original to Clerk's Office, retaining a copy for file. Date Received: Date of Public hearing: Date Advertised: EXECUTIVE SUMMARY PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILITIES EASEMENTS AND DEDICATIONS WITI-tIN THAT PORTION OF CHAMPIONSHIP DRIVE (F/D/A MARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUNTY WATER- SEWER DISTRICT PUMP STATION; FIDDLER'S CREEK PARKWAY (F/K/A TOURNAMENT BOULEVARD); CLUB CENTER BOULEVARD (F/K/A CHAMPIONSHIP DRIVE), AS SHOWN ON THE MARCO SHORES UNIT 30 GOLF COURSE PLAT; AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O.IC BOOK 1557, PAGE 2335, ET SEQ; ALL LOCATED IN SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OB~IVE: To approve a Resolution vacating all public road rights of way and utilities easements and dedications to allow the petitioner to reconfigure the public roadways and utilities easements on future plats. CONSIDERATIONS: A petition was received by the Transportation Department fi.om Young, van Assenderp and Vamadoe, P.A.a.s agents of owners, 951 Land Holdings Joint Venture requesting vacation of the plat-dedicated Championship Drive east of the Water-Sewer District pump station, Fiddler's Creek Parkway and Club Center Boulevard as well as an unnamed, unplaHed 60 foot roadway easement granted by O.R. Book 1557, Page 2335. The penitioner desires to relocate the roadway along the northern boundary of their property and construct single family homes within the existing easement area. As consideration the petitioner is offering a replacement utility easement. Letters of no objection have been received from all authorized user agencies. The Transportation Staffhas reviewed the petition and has no objections. The property is zoned PUD. ~lh~,.~: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition AV 97-013 to vacate the road rights of way and utilities easements and dedications and approve and accept the replacement utility e~.sement; authorize the execution of the R~olution by its Chairman; and direct the Clerk to advertise the adoption of the Resolution within 30 days and record the Resolution, proof of publication of the Notice of Public Heating and proof of publication of the Notice of Adoption in the Public Records and thereafter record a certified copy of the Resolution and the replacement utility easement in the Public Records. REVIeWED BY:~ ~F~ DATE: 7"' f- 5 7 D~m Tran~ortation Dh'ector Ed Ii~hner' Public Works Administrator 1 RM..'tm/070897/E$ A V 97-013.doc O4 5 6 7 8 9 10 11 12 RESOLUTION NO. 97 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 45 46 RESOLUTION FOR PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILITIES EASEMENTS AND DEDICATIONS WITHIN THAT PORTION OF CHAMPIONSHIP DRIVE (F/K/A MARRIOTT CLUB DRIVE) LYING EAST OF TI-IE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED AT O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; FIDDLER'S CREEK PARKWAY (F/K/A TOURNA~MENT BOULEVARD); CLUB CENTER BOULEVARD (F/K/A CHAbfPIONSHIP DRIVE), AS SttOWN ON THE MARCO SHORES UNIT 30 GOLF COURSE PLAT; AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALL LOCATED IN SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHERE, sS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Young van Assenderp and Varnadoe, P.A. as agents for petitioners, 951 Land Holdings Joint Venture, do hereby request the vacation of all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/KJA Marriot~ Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. BOOK 1755, PAGE 361, ET SEO. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Fiddler's Creek Parkway (FfK/A Toumamettt_Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 foot roadway easement recorded at O.R. BOOK 1557, PAGE 2335, ET SEQ; all located in SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; and WHEREAS, the Board has this day held a public hearing to consider vacating said road rights of way and utilities easements and dedications as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that public fights of ingress/egress. and utilities easements and dedications in the following are hereby vacated: Within that portion of Championship Drive (F/K/A Marriot~ Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECOILDS OF COLLIER COUNTY, FLORIDA; Fiddler's Creek Parkway 1 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 foot roadway easement recorded at O.R. BOOK 1557, PAGE 2335, ET SEQ; all located in SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to advertise the adoption of this Resolution once in a paper of general cL"culation in the County within 30 days following adoption. BE IT FURTHER RESOLVED, that the clerk is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption of this Re~olution in the Public Records of Collier County, Florida, and to make proper notations of this vacation. DATED: ATTES r: DWIGHT E. BROCK, Clerk BOAPD OF COUNTY COMMISSIONERS COLL :R COUNTY, FLORIDA Deputy Clerk BY: Timothy L. Hancock, Chairman Approved as to form and legal ~fficiency Heidi F. Ashton Assistant Collier County Attorney H.M.A. PROJECT tt~3.132 NOLZ. MONT~ · ~C~TES, mC. FEBRUARY 17, 1997 ~NEE~ ~E~S ~ REF. DWG. ~1~8 PAGE 1 OF 4 ~GAL DESCRIPTION A PARCEL OF ~D L~ATED IN SECTIONS 14 ~D 15, TO.SHIP 51 SO~, ~NGE 28 ~ST, CO~I~ COUP, FLORIDA, ~E SAME BEING A PORTION OF C~MPIONSHIP DRIP, TOUR~E~ BL~. ~D ~RIO~ CLUB DRI~ OF ~CO SHORES UNIT 30 GO~ COURSE, ACCORDING TO ~E P~T ~EREOF RECORDED IN P~T B~K 17 AT PAGES 98 THROUGH 103 OF THE PUBMC RECORDS OF CO~IER COUNt, FLORIDA. BEING MORE PARTICU~RLy DESCRIBED AS FO~OWS: COMMENCE AT ~E NOR~ST CORNER OF SECTION 15, TO. SHIP 51 SO.H, ~GE ~ ~ST, CO~IER COUP, FLORIDA; ~ENCE RUN S. 00'18'41' W,, ~ONG THE ~ST LINE OF THE NOR~ST QUARTER OF SAID SECTION 15, FOR A DIST~CE OF 1398.76 FE~ TO A POI~ ON THE NORTH LINE OF THE SOUTH ONE ~ OF ~E NORTH~ST QUOTER OF SECTION 15; ~ENCE RUN N. 89'13'52' W., ALONG ~E NORTH LINE OF THE SO~H ONE ~LF OF ~E NOR~ IF~ST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1703.~ FEET TO A POI~ ON THE NO~ERLY RIG~-OF- WAY LINE OF C~MPIONSHIP DRIP. AS THE SAME IS SHOV~ ON ~RCO SHORES UNIT 30 GOLF COURSE, ACCORDI~iG TO THE P~T THEREOF RECORDED IN P~T BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUP. FLORIDA, THE SAME BEING A POI~ ON A CIRCU~R CUR~ CONCA~ SOUTHERLY, ~OSE ~DIUS POI~ B~RS S. 18'31'18' W. A DISTANCE OF 1050.00 FEET T~EREFROM; ~D ~E PO!~ OF BEGINNIN~ OF ~E P~CEL OF ~ND HEREIN DESCRIBED; THENCE RUN ~STERLY, ALONG THE ~C OF ~ID CUR~ TO ~E RIG~ AND ALONG THE NOR~ERLY RIG~F-WAY LINE OF C~PIONSHIP DRIP, ~VlNG A ~DIUS OF 1050.00 FEET, THROUGH A CE~L ANG~ OF 02'05~', SUBTENDED BY A CHORD OF 38:21 FEET AT A B~RING OF S. 70'26'09' E., FOR A DIST~CE OF ~.21 FE~ TO ~E END OF SAID CUR~; THENCE CO~INUE ~ONG ~E RIG~F-WAY LINES OF C~MPIONSHIP DRIP, TOURNAME~ BL~. ~D ~RRIO~ CLUB DRI~ AS ~E SAME ARE SHO~ ON SAID ~RCO SHORES UNIT 30 GOLF COURSE FOR ~E FO~OWING 35 COURSES; 1. THENCE RUN S. C9'23'~' E. FOR A DIST~CE OF 488.93 FE~ TO ~E BEGINNING OF A TANGE~IAL CIRCU~R CUR~, CONCA~ NORTHERLY; 2. THENCE RUN ~S~RLY, ALONG ~:E ARC OF SAID CUR~ TO THE ~, HA~NG A ~IUS OF 1209.~ FE~, ~ROUGH A CE~ ~GLE OF 19'5~16', SUBTENDED BY A CHORD OF 416.74 FE~ AT A B~RING OF S. 79'18'44' E., FOR A DIST~CE OF 418.83 FE~ TO ~E END OF SAID CUR~; 3. THENCE RUN S. 89'13'5~ E. FOR A DISTANCE OF 655.14 FE~ TO ~E BEGINNING OF A TANGE~ ClRCU~ CUR~, CONCA~ SOBERLY; 4. ~ENCE RUN ~ST~LY, ALONG ~E ~RC OF ~ID CUR~ TO ~E RIGHT, ~NG A ~IUS OF 20~.~ FE~, ~ROUGH A CE~L ~G~ ~ 32'~39', SUB~NDED BY A CHORD ~ 1135.07 FEET AT A BEARING OF S. 73'~'3~ E.. FOR A DIST~CE OF 1150.~ FE~ TO ~E END OF SAID CUR~; 5, THENCE RUN S. 57'05'13' E. FOR A DIST~CE OF ~.49 FE~ TO ~E BEGINNING OF A TANGE~ CIRCU~R CUR~. CONCA~ SO~S~RLY; 8. THENCE RUN SO~STERLY, ALONG THE ~C OF ~ID CUR'~ TO ~E RIG~, ~NG A ~DIUS OF 4050.00 FE~, ~ROUGH A CE~ ~G~ OF 12'1Z13', SUB~NDED BYA / H.M~k, PROJECT ~93.132 FEBRUARy 17, 1997 REF. DWG. B-1998 PAGE 2 QF 4 7, THENCE RUN S. 44'53'00' E. FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; 8. THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 89'53'00' E., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 9. THENCE RUN S. 44'53'00" E. FORA DISTANCE OF 100.00 FEET; 10, THENCE RUN S. 45'07'00' W. FOR A DISTANCE OF 342.01 FEET TO THE BEGINNING OF A TANGENTbaJ. CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 11. THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING ,*. RADIUS OF 1950.00 FEET, THROUGH A CEJ~rTRAI. ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 478~2 FEET AT A BEARING OF ~. 38'04'24' W., FOR A DISTANCE OF 479.42 FEET TO THE END OF SAID CURVE; 12. THENCE RUN S. 31'01'48' W, FOR A DISTANCE OF 93.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; 13. THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 13'58'12' E., FOR A DISTANCE OF'~78.54 FEET TO THE END OF SAID CURVE; 14. THENCE RUN S. 58'58'12' E. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 15. THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4050.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 617.80 FEET AT A BEARING OF $. 54'35'44' E., FOR A DISTANCE OF 618.40 FEET TO THE END OF SAID CURVE; 16. THENCE RUN S. 50'13'17' E. 'FOR A DISTANCE OF 800.51 FEET; 17. THENCE RUN S. 39'48'43' W. FOR A DISTANCE OF 100.00 FEET; 18. 'I'~NCE RUN N. 50'13'17' W. FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL ClRCULA~ CURVE, CONCAVE SOUTHVVESTERLY; 19. THENCE RUN NORTJ-IWESTERJ. Y, ALONG THE ARC OF SAID C[JRVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF ~02.55 FEET AT A BEARING CF N. 54'35'44' W., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 20. THENCE RUN N. 58'5~'12" W. FOR A DISTANCE OF S92.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; 21. THENCE RUN NORTHV~..STERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CE,NT~ ANGI.~E-~iF~ ~0'Og:00~ ',Bb'~J'ENDED BY A C,C D OF 70.71 FEET AT ^ BE NG OF S. W., TO THE END OF SAID CURVE; / 3r"-Lr, E~"~-' ~j ' ~' "~-~'.~)~'~'~ 24. 25. 28. 27. 28. 29. 30. 31. 32. 33. H.M.A. PROJECT I1~93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 3 OF 4 THENCE RUN N. 58'58'12' W. FOR A DISTANCE OF 100.00 FEET; THENCE RUN N. 31'01'48" E. FOR A DISTANCE OF 293.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF N. 38'04'24' E., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 45'07'00' E. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF N. 00'07'00' E.. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN N. 44'53'00' W. FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHVVESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF N. 50'59'07' W., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'05'13' W. FOR A DISTANCE OF 584.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1950.00 FEET, THROUGH A CENTRAL ANGLE OF 32'08'39', SUBTENDED BY A CHORD OF 1079.70 FEET AT A BEARING OF N. 73'09'33' W., FOR A DISTANCE OF' 10g3.gg FEET TO THE END OF SAID CURVE; THENCE RUN N. 89'13'52' W. FOR A DISTANCE OF 055.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WEsT~"RLY, ALONG THE ARC OF ~AID CURVE TO THE RIGHT, HAVING A RADIUS OF 1309.08 FEET, THROUGH A CENTRAL ANGLE OF t9'50'16", SUBTENDED BY A CHORD OF 451.19 FEET ATA BEARING OF N. 79'18'44' W., FOR A DISTANCE OF 453.45 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89'23'38' W. FOR A DISTANCE OF 488.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULA~ CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 950.00 FEET, THROUGH A CENTRAL ANGLE OF 19'50'10', SUBTENDED BY A CHORD OF ::)27.28 FEET AT A BEARING OF N. 79'18'44' W.. FOR A DISTANCE OF 328.92 FEET TO THE END OF SAID CURVE; I AiJG O .~ 1S,~7 ~" H.MA. PROJECT 1~/93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 4 OF 4 35. THENCE RUN N. 69'13'52' W. FOR A DISTANCE OF 589.97 FEET TO THE NORTHEAST CORNER OF A COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1755 AT PAGES 387 THROUGH 389 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE RUN N. 00'46'08' E. FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF. WAY LINE OF CHAMPIONSHIP DRIVE THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORHTEAST QUARTER OF SECTION 15; THENCE RUN S. 69'13'5Z' E.,'ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE AND ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SECTION 15, FOR A DISTANCE OF 890.13 FEET TO THE IPOINT OF BEGINNING; CONTAINING 19.8207 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOVVN HEREON REFER TO THE EAST LINE OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S. 00'18'41' W. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB~ 1772 Ii AU6 0 5 Woodw.a~ PIr~ & I.z,,vd:~o, PA.. ecl La.,.,r~ (:ak ~ S~e e,4o Na~fl, FL 34100 Fora ? - Rev. 4/28/89 (Utility Zase~ent Utilities Acceptanom - Doc ~320 TKII F-ASEKENT, granted this ~ day of June, 1997, by INC, on behalf of itself and as General Partner of GULF BaY 100 OF CO~ S ~ OF CO~ CO~, ~DA, ~ ~ GO~ CO~ ~ ~D ~ ~-OFFICIO ~ GOING BO~ OF ~ COL VA~-S~ DIS~ l=l auccei~orl ~d IlSi~l, al Gran~ee. WI~SS~: ~at ~e Gr~tor for a~d ~n consideration of ~llarJ ($10.00) a~d o~er valu~le consideration paid by receipt of ~ich ii hereby ac~ledged, her~y conveys, ~s~en=, lite,ne, and ~rlvlleg, to eh=ar upon and to install ~ter and sewer utility facilities, on ~e roll,lng locat~ in Collier Co~=y, ~lcrida, ~o wit~ (See E~ibi= 'A" a=ta~ed hereto and tnco~ora=ed By reference herein.} ~ ~ ~D ~ ~0~ ~e ~e unto ~e Grantee amd i~s vl~ ~a right ~o eh=er upon said land, excavate, and take ma~art. p~o~e of cons~cting, operating, and ~ain~aining utility ~ereon. Grantor and Grantee are used for sin~lar or plural, re~ir~. ~e da~ ~d year first above ~itten. · igned, sealed and delivered in the presence of: STATE OF FLORIDA COUNTy OF COLLIER · ~AY 1O0, LTD., and the ~OA~D ING BODY OF ~IER COUN~ ems of Ten · G~tee, Irga~s and mexclusive ands being , toge~er 1s for ~e facilltte~ :he cont~ CaUeed ~hlle presents to ,e executed GULF BAY 100, INC., · Fl~irida corl~oratlo~ P~L Z, Inc., a Florid~ co.ration D/B/A 9~1 ~ ~O~INCS The foregoing~ lnst~n~ant by_ .or. =. Page 3. of 2 C~J~ ~o. ~ ~ I I l HMA PROJECT # g3.132 REF. DWG. ~ ~ ~s ~Y2.1~7 PAGE 1 ~ 4 ~G~ DESCRI~ION A PARCEL OF LAND LOCATED IN SECTIONS 14 ANO 15, TOWNSHIP 51 SOUTH, RANGE 2~ EAST, COLLIER COUNTY. FLORIDA, AND A PORTION OF TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDIN~ TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 17 AT PAGES $8 THROU<3H 103, Off THE PUBUC RECORDs OF COLLIE.R COUNTY, FLORIDA, BEING MORE PAJ~TICIJt~y DESCRIBED A~ FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NOR~ QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 E.A~r, COLUER CO~JNTY, FLORIDA; THENCE RUN N. 00°1F41- E.. AL(~<3 THE VVE.~T lINE off THE NORTHEAST QUARTER OF S~JD SECTIO~ 15, FOR A DISTANCE Off 13~3.2~ FEET TO A POINT ON THE NORTH UNE OF THE ~OLrTH ONE HALF Off THE NOR"I~ OUARTEJ~ OF ~AJD SECTION 15; THENCE RUN S' 80'I 3~J$' E., ALONG TH~ NORTH iJNE off THE ~OUTH ONE HAJ. F off THE NORTHEAST OUAJRTEIR OF IAJO ~CTION 1~, FOR A DISTANCE OF 145.59 FEET: THENCE RUN EASTERLY, ~J.C~HG THE CURVE TO TttE RIGHT, HAVING A RAD,~J~ OF 140.00 FEET, 1HROU~JH A CENTRAL AHGLE OF 14'O4'1a', SUBTEJ~>ED I~Y A CHORD OF 34.S0 FEET AT A BF..a~ING OF E. 82'11 ~' E.. FOR A DISTANCE OF 34.3~ FEET TO TH~ END OF ~.*dD CURVE; THENCE RUN $. ?..o0~17~ E. FORA TAHGEJ~FL~. CIRCUI_AR DISTANCE OF 44.90 FEET TO THE BFGINNING OF CURVE. ~VE SOLrI-HV~s~y; 'rh~NCE RUN SC~.rl~-f -EA.~TERLY ALONG THE ARC OF ~JD CURVE TO THE RIGHT. P~AV1NG A RADIUS OF 1 la.50 FEET THROUGH A CENTRAL ANGLE off 32.51~', SL~TENDED aY A CHORD OF 07.02 FEET AT A BEARING OF S. J1'43'43' E. FOR A DISTANCE OF 17.95 FEET TO A POINT OF REVerSE CURVE; THE~/CE CONTIN%~ ~<:XJTH~y ALONG THE ARC Off ~dD CURVE TO THE LEFT, HAVING CENTRAL ANGLE A }RA~US OF 1~2.00 .FF. ET TH~C~C~f A OF 4e'~'27', 8U~TENO~D ~y A C~K:~O OF I~Lt$ FEET AT A BEARING O~ S. a5'45'52' E., FOR A D~T/d~CE OF 15724 FEET TO TH~ END OF CURVE; THENCE RUN $. 1~'1315' F. FOR A D~TANCE OF ~2.72 FEET TO 8EGINN~/G OF A TANGENTIAL CI~,CU~AR CURVE. ~VE NORTHWESTERt. y; THENCE RUN NORTHEASTERLY ALONG T'HE ARC OF &ado CUI~VE TO TH~ LEFT. HA~NG A RADIUS OF ~ ~ 7,00 FEET, THROC~H A CENTRA~ ANGLE OF 30'~'~ 0', ~JBTENDED BY A CHORD OF al .52 FEET AT A BEARJN<3 off N. 7S'3 ~ ~ E., FOR A D~ST/d~..E OF ~2-~5 FEET TO A POI/~i' OF R~r.R~E CU~ TH~.NCE NOf~TERLY ALONG THE ARC Of= ~ C~I~ TO ~ RJGHT, HAV~N~ A P~ OF ~ 00.00 FEET, THROUGH A CEh'T/~ ANOLE OF :~r=~lO-, ~ BY OF 52.~ FEET AT A BEARING OF N. 75'31'~K~' E,, FOR A DISTANCE OF 53.21 FEET TO THE END OF SA!D CURVE: THF-NCE RUN 8. $9'13'35' E. FOR A D~STANCE OF 21::"57.19 FEET; T'~NCE RUN S, ~20'44' E. FOR A I~STANCE OF 110.~3 FEET TO THE BEGII~'~II',IG OF A TANGENTIAL ClR(A.iLAR CURVE. CC~/CA~."E ~:~JTH~/ESTEP&y; SUBTENDED BY A CHOR~' OF 4~ ~ --~-"7--~ -~-~r- "-~*-~'- N~GLE OF 45'07~I', .... r~ cc:, ~. A Ue.A~ING OF ~. 05'47'13' E., FOR A HMA PROJECT II 9~.132 REF. DWG. B-2Og7 JU1.Y 2, 1997 PAGE 2 OF 4 ALONG THE ARC: O~ SAID CURV~ TO THE LEFT, t'~NG A RADIUS OF 1050.00 FEET, THROUGH A CENTRAL ANGLE OF 15'$1"~', 61.~TEHDED BY A CHORD O~ 253.35 PEET AT A BEARING OF B. ~o'o~2r E., FOR A DISTA~ICE OF 253.97 FEET TO T~E END OF BAlD CURV~; THENCE RIJN 8.57'05'13' i= FOR A DISTANCE OF 2a.73 PEET TO A POINT ON THE 8OUTHF. RLY RIGHT-OF.WAY LtNE OF CA~JwIPION~HIP DR~E O~ MARCO SHORES UNIT 50 GOf. F COURSE, ACCORDING TO ~ PI~T THEREOff, RECORDED IN P~kT BOOK 1 ? AT PAGES gl THROUGH 10~,.OF THE PU~UC RECORDS OF CO~.JER COUNT'Y. FLORIDA, THENCE CONTINUE ALONG THE RIGHT.4~.WAy LINE80P CHAMPIONSHIP I~R~/E AND TOURNAMENT BOU[.EVAP. D, AS TH~ SAME ARE SHOWN ON · ,A.ID MARCO SHORES UNIT 30 GOt. F COURSE, FOR THE FOI.LOW~NG 7 COURSES: 1. THENCE CONTIHUE $. 57°05'13' E. FOR A DISTANCE OF 564.49 FEET TO T~E BEGINNING OFA TANGENTIAJ. CIRCU/,.AR CURVE CO,'~.AVE 60~JTHWEETERLy; 2. THENCE RUN 80~THEA~y, ALONG THE ARC OF BAJD CURVE TO THE RIGHT, HAVINO A RADIUS OF 3950.0~ PEET THROUGH A CEHTP, AL ANGLE OF 1Z'lZ13', SM~TENDED BY A CHORD OF 839.73 FEET AT A BEARING OF $. 50'5~'07' E., FOR A DISTANCE OF ~41.32 FEET TO THE END OF 8~JD ~; 3. THENCE RUN 8. 44'53'00' E. FOR A DISTANCE OF 3Sl.gl FEET TO THE BEG~/I'iING OF TANGENTiAt. CIRCU!.A~ CURVE, CONCAVE WESTE.~LY; 4. THENCE J~iJN GOUTHERLY ALONG THE ARC OF &~,.ID C~JR'V~ TO TH~ RIGHT, HA~qNG A RADIU~ OF 50.00 FEET, THROUGH ^ CE.NTTM~..~J'~G~,.~ OF 90'T..,O'IX~, $t.q~TENDE. D BYA CHORD OF 70.'/1 FEET AT A BE/~JNG OF 8. 00'0T0C" W.. FOR A DISTANCE OF 78.$4 FEET TO THE END OF S~JD 5. THENCE RUN S. 45'07'00" W. FOR A DISTANc2 OF 142.01 FEET TO THE ~EGIN;~.NG OF A TANGE~"~L CIECUt~ CU'R%~.. CONCAVE SOUTHF_A.~TERLy; It. THENCE ~..;N S~$'TERLY, ALONG ~ AJ~C OF SJJ~ CURVE TO ~ LEFT, HAVING A ~J~llJ~ OF 5050.00 FEET, 'Tt'~OIJGH A CEN'TI~M...M~'GLE OF' SUBTENDED BY A CHORD O~ 502.74 FEET AT BEAP~'~tG OF 8. 3~'~4'24' W.. FOR A D~$TANCE 504.01 FEET TO THE END OF ~ CUR~E; 7. THENCE RUN S. 31 '0l'4r W. FOR A DfETANCE OF 243.18 FEET; THENCE ~-.PART~G THE I/~L~FF.J~Ly I~GHT-C~oWAy UNE OF l~Jt~V~.q~, I~UN S. ~'5~12' E. FOR A ~I~I'AHCE Otto 1~)0 FF. ET TO A POINT ON THE ~.ITHERLY RIGHT-OF-WAY LINE OF MARRIOTT C~.U~ ~JVE OF MARCO ~K)RE~ UNIT TO T~E BEGINNING OF A TANGENTIAL CI~C~II. AR CURVE. CONCAVE 60~Jll~/ESTER[Y: THENCE RUN ~4Jll~.A~TF. RLY ALONG~ 1"ME SOUTHERLY RK;~iTo OF-WAY UNE OF M,~.m~RIOTT CI. UB DR~VE AN~ ~ ~ ARC OF ~ C4AqVE TO THE. RIGHT, HAWN~3 A RADIUS OF ~950.00 FEET, THRO4~GH A C;F. NTRAI. ANGLE OF 0~°44'$5'. ~&J~ITENDED BY A CHORD OF ~02.~5 FEET AT A BEAJ~ING OP $. ~4'~S'45' E. FC~ A DISTANCE OF 603.1~ FEET TO THE ~ OF ~ CU~V~ THENCE RUN $. 5~'13'17' E., ALC.~G THE SOUTHERLY pJGHT-O4m. WAY lINE OF MAJ~JOTT C~U~ : -... -- *. DRJVE. FOR A DtSTANCE OF ~.$1 FEET TO THE MOST ~Jl~-.~t.Y CORNER OF MARRIoTr Ct.tJB DRIVE RIGHT-OF-WAY; THENCE I~.P~ ~ I:I:K~HT~.~¥ OF L .=._za____. HMA PRCUECT · 93.132 REF. DWG. B.2Oe7 JU',..¥ 2. 1~'g7 PAGE 3 Of: 4 1,4AJ:~OTT CLUB DR/VE, RUN $. 3g'4~'43' W. FO~ A DISTANCE O~ 10.00 FEET; "THENCE RUN N. 50'13'17' W. FOR A DISTANCE OF ~O0.51 FEET TO THE BEGINNINQ O~ A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORT)'~ESTERLY, ALONG TH~ MC OF 8AID CURVE TO THE LEFT, HAVIN~ A RADItJ~ OF 39.40.00 FEET, THROUGH A CENTFM~ ANQLE C~ 0~'44-j$,, SUBTENDED BY A ~ OF ~O1.02 FEET AT A BEARING OF N. 54'35'45' W., FOR A DI~$TA,NCE OF ~01.61 FEET TO THE ENO OF ~JO CURVE; THENCE RUN N. M'~I~' W. FOR A O~ETANCE OF FEET; THENCE RUN N. 31'01"4~' E. FOR A DISTANCE OF 24'~,1 $ FEET TO BEG;N~INO OF A T~ENT1AL CIRCULAR THF..NC~E RUN NORTHEABTERLyA/,.ON~ CURV~ CONCAVE THE ARC O~ ~JD Ct,~VE TO THE R~HT, HAVII~2 A RADIUS OF 20~O.00 FEET THR~ A C~NTR.M. ANQ4.E OF 14'~5'1Z'. SUBTEJ~.D BY A CHORD OF .'~OS. lg FEET ATA BEARING OF N. ~&'04'24' E., FOR A DISTANCE OF 84~.47 FEET TO THE END OF &kid CURVE; THENCE RUN N. 45~ F- FOR A DISTANCE OF 142.01 FEET TO THE BEGII'~NIN~ OF A T~ ClRCUt.M~ CURVE TO THE LEFTWE,sTERLY; THENCE RUN NORTHERLy ALON~ THE ARC OF ~D HAVIN~ A RADIU~ OF 40.00 FEET, THROUGH A CEN'TRAL ANGLE OF 90'00'00', SUBTENDED BY A CHOR~ OF 5~.$7 FEET AT A BEARING OF N. 00*07'00' FOR A DISTANCE OF 62.83 FEET TO ~E ENO OF 8~ID CJJRVE; TtI~J~CE RUN N. 44'55%~' W. FOR A DISTANCE OF 351.91 FEET TO THE DEGINNING OF A TANGENTIAL ClHC~ CURVE, CONCAVE sOLrF~,~/Eb'TERLY: THENCE RUN NORTHWESTERLy ~LOHG THE ARC OF 8AID CURVE TO TH~ LEFT, HAVIk~ A RADIUS OF $~40.0~ FEET, THRC4.X~H A CEt~TM~. ANGLE OF 12';2'13", $~ BY A CHORD OF B37,61 FEET AT A BEJ~,.RJNG OF H. ~'5~'07' W,, FOR A DISTANCE OF 8311.Ig FEET TO ~ ENO OF ~AJD CURVE; THENCE RUN N. $T*05'13' W. FOR A DISTAt~CE OF 5~3.22 FEET TO THE BEGINNING OF A TAhlGEhFTIA[ CIRCU/J~ CURVE, T~ENCE RUN NC.,RTHWESTERLY ALONG TH~ ARC ~:;~-.,AVE NORTHEASTEp4.y: BA.~D ~ TO TH~ RIGHT. HAVIN~ A RADIUS OF 10e0.00 FEET, 1HROUOH A CENTRAL N~I.~ OF SL/~TENDF. D BY A CHORD OF 2.~.7e, FF.~T AT A BF..A~NQ OF N. ~0'099'J~ W. FOR A DISTANCE OF 2~e.$g FEET TO TI~ ENO OF ~dO ~ Th~ ,4:~ RUN N. 45°13'43. W. FOR A DISTANCE OF 242.17 F~-r 'to THE ~elte~lNG OF A T*.'~rT~L ~ CURVE, CONCAVE I~OUTH~%ESTERLy; THENCE ~ N~y ALON~ ~ ARC OF 3AID CURVE TO THE t. EFT, HAVING A RADIt~ OF ~40,00 F[-~'-T, I'~'~OUGH A CENTRAL AJ~K~LE OF 45'07'01', SUBTENDED B'f A CHORD OF 414.22 FEET AT A BEARING OF N. 115'47'13' W.. FOR A DISTANCE De 425~.2 FEET TO THE END OF CURVE; THENCE RUN N. M*2ffi44' W. FC,,R A DI~I'ANC~ OF 119J2 FEET; THENCE FMJN N. ~m1~$' W. FOR A DIST,M,~CE OF ~OST.le FEET TO THE BEG.~t~NQ OF A TAJ~GENT[AL, CiRCUI. AR CURVE, CONC.~VE ~tOu'rH~y; THENCE RI. JN 8OUTH~'~b'T~RI,.y ALOf'~Q THE ARC OF ~ CURVE TO THE LF. FT. t la, GANg A RAD~t~ OF ~0.0~ FEET. 'THROUGH A CEF~rRAL AJ'~LE OF :~0'211"10', StU~TEf~'"'~.D BY A CHORD OF 4 7.32 FEET AT A BE.A~INQ OF .~. ?$,31'e~- W. FOR A DISTANCE OF 47.89 r- -E. LrT TO A POINT · · OF ~j~ REV"ERSE CUR w'~; THENCE CONI'IN'JE SOLrTI~f4','ESTERLY ALONG ~ ARC CURVE TO THE RIGHT, HAVINQ A I:~,DILt$ OF 127.00 FEET, T'r~OU, GH A CENTRAL ,~NOLE OF 30'2g'I 0", SUBTENDED BY A CHORD OF Be.?8 FEET AT A BEA~ING OF B. 75'31'50' W. FOR A DISTANCE OF 87.$? FEET TO THE ENO Of= SAID THENCE RUN N. 8~°13"35' W. FOR A DISTANCE OF S2."/2 FEET TO THE BEOINNINQ OF A TANGENTIAL CIRCUt.A~ CURVE, CONCAVE ~y; THENCE RUN ...... ~-~ vr r~ 0=~'4~'52'W FORAL'N~T. E4~CEOFI~S4 AP ' '" ! ' ' : E '''- ' REF. DWG. B-2097 JUt. Y 2. 1997 PAGE 4 CH= 4 OF 8A~D CURVE TO THE LEFT, 14AV~K~ A RADflj8 OF 10~.~0 FEET. THR~ A CEHTRA~ ANGLE OF OF N. S8'43'43' W. SUB'TENDED BY A CHORD OF 61 FOR A D~$TAHCE OF 62.21 FEET TO ~ ENO OF ~,AJD CUR%,~ THENCE RUN N. 75'09'17' W. FOR A D[~TANCE OF 44.g0 FEET TO THE BEGINNING OF A TANGF. N'I"~ C;RCUL,~ CtJRV~. CONCAVE ~X/'fi'W~RJ.y; TH'F~K:;E RUN ~NORTHWESTERLy ALONG THE ARC C~ IAID CUR~ TO TH~ LEFT, HAWNO A RAD~S 130.00 FEET, THRC~/GH A CENTEA~ ANQI.E O~ 14°~4'1 ~', ~TENDED BY A CHORD Of= 31 ~5 FEET AT A BEA~N(3 OF N. 12'11~' W. FOR A DISTANCE O~ 31.g3 FEET TO TH~ EN~ Of~ 8AtD CURVE; THENC~ RUN N. 1~13'3~ W. FOR A D~STANCE OF ~7.11 FEET; THENC~ RUN N. 00'1 g'g~ E. FOR A Df~'TANCE OF I g.00 FEET TO THE ~LNT ~ BEGINNING: CONTAINING 2.~7 AC~Es, MORE OR · UIt, JECT TO EASEMEhFT8, RE~RVAI'IOf,~ OR RE&'TRICT'ION~ C~ RECORD. BEARINGS SHOWN HEREON REFF. J~ TO THE WEST UNE OF Of= SECTION 15, TOWNShIp 51 SOUTH, THE NORTHEAST QUARTER RANGE 28 EAST, COLL~£R AS BEING N. 0<3'18'41' E. HOLE. MONTES & ASSOCIATEs, INC. TI~I~S M. MURPHY y ~' -- IITATE OF FLOR. IDA 'i ATTOPJ~Y ' S AFFI ~VIT STAT~ OF FLORI~IA ~ ~il 27~ day of J~e, 1997, ~fore ~ ~raonally a~r~ ~0~ P. ~r ts 101 ~urll Oak ~lvo, Suite 640, Noples, Florida 34101, (941) 566- ~13~ (~er~tnaf~r 'Affiant'), ~o, ~l~ duly ~m on his ~, d~s 1. ~ls Affldavt~ Is given as an l~ucmnt to ~e ~ of Cm~ssioners of Collier C~n~y, Florida, as ~e g~e~l~ ~y of County a~ as Ex~ff~cio ~e Gove~ ~rd of ~e Collier ~=y Water- Sewer D~strlct to accept ~e ded/~C~ or ~eyan~ of water utility ~acillciea located v~ln or u~n ~ real pro~y descrl~ ~n the attsched ~iblt "AW, which ~l ~nco~rat~ h~rlln ~ telerate, ~l~ l~a=ed ~n Collier C~=y, Florida. 2. ~o Afftan~ has examined reco~ title infom~lon to ~ ~e real ~fo~ C~ezc~al C~o fi~cl~ m~t~tm fr~ ~~1~ ~ Title Inmura~e C~pany's Pol{~ ~o. 107-S71953 a~ e~ors~nt. ~lch ~er ~lic records on file up ~ a~ ~1~ ~ ;, 19,4; ~t~gu Title I~urmnce C~mny's Poll~ No. 10 0{7{ 20& 00000009 ~lch c~ers all records on f~le up to and lncludl~ J~e 26, 19~&~ a~ abstra~ fr~ First Title & ~stra~, Inc., ~ch c~tro all ~lic records on file u~ [ncludi~ Jumo 24, 1997, a~ 5=00 ~.m. ~ge 14~, a,d in 0.~. ~ok 2199, ~ag* 14~0, ~l~c ~co~s of ~ll~er ~lcrlda. ~aid record title holderl have a fee 41nple tihle thereto I~Je~, h~er, to ~e roll,lng ~allfi~lons: 1. ~yable ~til on or after N~r 1, 1997. 1996 ~xez ~re ~Ad H~e~r 26, 1996. 2. ~nt of A~ Pe~lt ll~ u~er ~li~tion havl~ an effective data of Septet 29, 1983, a~ roco~ in O.R. ~. 1360, ~ges 1238-12~2, raco~ fe~t~r 24, 1~1, 1650, a~ ~gas 160-174. 3. R~d ~mnent dated ~ce~r 12, 1989, fr~ ~e ~1~o~ Co~ra~i~, ~e S~I ~erd of Collier ~y, r~rd~ ~oe~r 29, 1989, ~ O.R. ~k 1495, at pages 374-383. 4. Tempora~ Access EaseBent reco~ April 10, 1997, in O.R. ~k 2303, page 1792, ~lic Reco~o of Collier C~Yy, Florida. 5. ~velopmefl~ Mo~gaqe a~ Se~rl~ ~n= in favor often co~,.= ,n o.n. ~x {2,7;.~ of Rents end Leases recorded In O.R. ~ook 224?, page 13561 arid UCC-1 Fln&nclng State~en~ recorded in O.R. Book 2247, p~ge 1110, &ll of t..he Public Records of Collier County, &o Polllrw Place Agrsemen~ between 951 Land Holdings $oint Venture and Supervisor of ~c~lons, ~sco~d~d In O.R. ~k 2X69, p~g~ X177 ~lic Records of Collier County, Florida. , 7. Final Jud~ent valida=[ng [he Fiddler's Creek Cmun[ty ~vel~nt Oistrl~ S~cial Assessment Revenue ~ndm, ~se NO. 96-3097-~-01~, recorded In O.R. ~k 221g, page ltg6, ~lic Records of Collier ~ty Florida. 8. lvlqation Eame~ent tn favor of Collier County and ~ollter County Authority, recorded ~ober 2~, 1~96, In O.R. ~k 2242, page 2307, ~llc Records of Collier County, Florida. 9. ~at ce~l~ Planned Unit ~velo~ent (P.U.D.) Issued by Collier C~nty under Ordinance No. 84-41 (84-42} on Jo~l 12, 1984, al a~ended by O~lnance ~os. 88-48 and 89-34 il Issued on Nay 24, 1988, i~ ~ 13, 1989 reactively, Collier C~7' Florida. 10. ~a~ ce~aln ~v~lop~ent Order (D.O.) Issued ~ Collier County Ordinance No. 84-3 on Jun~ 12, 1984, recorded Fsb~a~ 15, 1990, In O.R. ~k 1~05, pages 1728 ~hrouqh 1782, al a~ended by Ordinance Nos. ~8-117 Issued ~ay 24, 1988, recorded tn O.R. ~k 1~0~, page 2348, and 89-149 as issued ~une 13, X989~ rlcordld In O.R. ~ok 1505, page 1795, recorded In O.R. ~ok 1~14, I~ pages 7~6-~a0, Collier County, 11. Potable ~ater Easement dated ~e~r 9, 1989, fr~ ~ ~ltona Co,ration, to City N~lonal ~nk of Florida, as T~stee, recorded ~ot covered in thl~ Title Opinion ars: rights of pa~les ~er ~recorded purchase agreements or leases, If any~ a~d fac~s ~at ~l~ht ~ disclosed by an acetate sudsy or ~rsonal lns~ctton of ~e pro~y. A copy off each of the above-referenced lns2~aents ts attached hereto and by reference ~ade a pa~ ~ereof. Affiant fu~her ~ates ~ha~ the lnfo~a~lon contained In this Affld,vtt Is t~e, Correc~ and curren~ as of ~ha da~e ~hts Affld~. _~ CO~ OF ~XER Sworn to (or affixed) and~ (S) Page 2 of 2 JI,X.Y 2. lee7 PAG~E 2 C~ 4 [ ~r'IB~IY [ FC~ A &~TANC~ OF 21.7~ FEET TO A pOif~. ~p ~ ~E ~ ~y.~ ~ ~ ~ ~ ~ TO ~E RjO~ 3. ~E R~ S. ~'53~ E. FOR A ~ ~ 351.9~ FE~ TO ~E BEOI~ING OF A C~ ~ 70.71 FEET AT A B~I~ ~ S, ~0~ W., FOR A DiST~cE TO ~E END OF ~D CUR~; 5. ~E R~ 8. 45'0~ W. F~ A DIST~E ~ 142.01 ~ TO ~E BEGIn;NO ~D~ BY A CHO~ OF 5~.74 ~ AT B~tNO ~ S. ~*~4' W., FOR A DI~E ~.Ol FE~ TO ~ ~ ~ ~JO ~ 7. ~E R~ 8. 3~'0~'4a. W. FOR A DI~E ~ 24~.1a F~; ~T~Y: ~ ~ ~y ~ ~ ~Y ~-WAY ~ ~ ~ i -~r~ c -- . HMA PRC~¢T # 93.132 REF, DWG. B-2D97 dULY 2, 1997 PAGE 3 OF 4 I~L'U~RIOTT CLUB DR/VE, RUN 8. 39'40'43' W, FOR A DI~'T,'UN/CE OF 10.00 FEET; THENCE RUN N. 50'13'17' W. FOR A DISTANCE OF ~O0.01 FEET TO THE BEGINNING OF A TANGENTtAJ. CIRCULAR CURV~E, CONCAV~ SOU"~y; THENCE RUN NORTHWESTEJ~y, ALONG THE A~C OF ,~AJD C~ TO THE LEFT, HAVING A RADIUS OF 3~.40.00 FEET, THROUGH A CENTRAL ANGLE OF 0~o44,$0., SUBTENDED ~ A CHORD OF ~01.02 FEET AT A BEARING OF N. ~4'35"4,~' W. FOR A DI~I'ANCE OF 001.~1 FEET TO THE END OF &AID CURVE; THENCE RUN N. ~',~'12' W. FOR A DISTANCE OF 1052.53 FE-~-T; 'ri.,I~CE RUN N. 31 '01'4~' E. FOR A DISTANCE OE 243,10 FEET TO THE BEQtH/41NG OF A TANGENTIAL CIRCUI..4J~ CIJRV~ CONCAV~ ~3UTH~y; THENCE RUN NOR~ERLY ALONG THE AJ~C OF 1,4Jo CURV~ TO THE RIGHT, HAV1NQ ,4, R, ADIU$ OF 20~0.0~ FEET T'HROUQH A C~ ANOI. E OF 14'05'1Z', SUBTENDED EYA CHORD OF ~.le FEET AT A BEARJNG OF N. 3,a'G,4'24' E.. FOR A DIr['.ANCE OF 50~.47 FEET TO THE END OF GAUD ~ THENCE RUN N 45'07'00' E FOR A DI~TANCE OF 142.01 · · CURVE° CCNC, AVE FEET TO THE B~GINNING OF A TAJ'~3~ W~b'TF.~J.Y; THENCE RUN Not~rHEJ~Y ALONG ~ ARC OF CURVE TO THE LEFT, HAVING A OF 90*00'00', I~UaTF. J, iDED OF 40.C0 FEET, TH~OU<3H ^ CENTRAL ~'YA CHOP;D OF ~.57 FEET AT A SEARING OF N. 00'07'00' E.. FOR A DIETA,NCE OF e2.a3 FEET TO THE END OF ~Ki'D CIJR'v'E; THENCE RUN N. 44'53~0" W. FOR A DISTANCE OF 355.91 CiRCULM~ CURVE., FE~.'~'T TO THE BE~rNN~IQ OF A TANGEHTI,~£ CONCAVE SOUTHWF.,,STERLY; ,*THENCE RUN NORTHW~STERt.y N..ONG THE ARC OF S,~JO CURVE TO THE LEFT, HAVING A RADfUS OF 3940.~0 FEET, THRO~J~3H A CENTRAL ANGLE OF 12'12'13', ~!J~ BYA CHORD OF S37.~1 FEET AT ^ ~..,U~NG OF N. S0'5~'07' W., FOR A DI~I'.,U,~CE OF ,t39,19 FEET 'TO THE FJ.~D OF ~JD CURVE; 7'HEJ'~CE RUN N, 57'05'13' W, FOR A D~TA,NCE OF 593,22 FEET TO THE BEG[/~NING OF A T./,,NGE. NTt,~ CiR~ ~ C4~,ICAV~ NORTHE. A~FERLY; THENCE RUN NORTHV','ESTF..RLy A~.ONQ THE A~C ~ SAJD CURVE TO T~E RlOJ,.fl', HAVlt, K'~ A ~,,AD~L/~ OF 10~3.00 FEET. TH~OUOH A C~,h'TR,~ ANGLE OF S~..~r~'DED aY ^ CHORD OF 255,7~ FEET AT ^ B~ OF N. 50*~'2~' W. FOR A DISTANCE OF 2~.39 F~ TO THE E~ OF ~ C~ 'I'H~NC~ RUN N. 43'13"43' W, FOR A DISTANCE OF 242.17 FEET TO THE DEGINNINO OF A TANQI~IT1.M. .4.,RC OF ~ CURVE TO 7'ri[ I.F. FT. I'iAV~O A ~ OF ~40.00 FEET. THROUGH A CENTRAL ANGLE OF 45'07'01', ~J~'~'qOE~ ll'Y A CHORD OF 414,~2 FEET AT A BEARING OF N. ~,$'47~13· W., FOR A DI~'rANCE OF 42~.22 FEET TO THE END OF CI,.'R~E; THENCE RUN N. 1~"20'44' W, FOI~ A D~I'ANCE OF 11~.~ FEE'T; THENCE RUN N. ~13"35' W. FOR A DIS'TANC~ OF 20~7.1t ~ TO THE ~JEOINNING OF A TAN<3EN'TtAL CIRC/,.~M~ ~ CC~',ICAV'~ IO~/T'I.~F~,ITEI~y;, 'rilE. NC# ~3UTHW~rF...~y ALONG TH~ ARC OF IAJD CURVE 1'O THE LEJ~, HAV~No A RADfU3 OF 47.32 FEET AT A B~ OF S. 7S"3,1'~7' W. FOR A DI~J'A.NCE OF 47.1g FEET TO A PO~h'T OF RE'V~.RSE CURV~; THENCE CO~Nt.~ IOUTHWE~y ALONG THE A.~C OF SA~D CURVE 'TO THE RIGHT, HAVING A J~AD(US OF 127,00 FEET, THROUGH A CENTRAL A.N<3LE OF 30'2~10', ~DED BY A CHORD OF ~.7~ FEET AT A BEARING OF $. 75'31'50' W. FOR A DISTANCE OF el.b'7 FEET TO THE END OF 8A~D CURVE; THENCE RUN N. 89'13'35- W. FOR A DISTANCE O~ ~Z.72 FEET TO THE BEGINNING OF A TAJ"K3ENT]AL CIRCULAR CURVE, CONCAVE NORTHEJ~Ly; THENCE A ........ rv~ ~ ~ IAe~;;~ I;;~ 165 45 FEE'T TO I .:;..-! ~.c~..~..:,-, I L_'"= .4 '=.. :.-.._j lit Jilm.~l'l--z THIS S~2BORDIKATION, CORSENT A~D JOIRDZR g/van this ~ y of June, 1997, by TOK221 A~.~ICA INC., a ]~ew York ooz-p~ratlon, [hereinaf~er referred t~ &e ~o com~ssro~zas or COLm'z~ ,-~.,,.,--rr.e_a_?_e }, .tn favor o~ t. he WITNZs S ZT~ ~ ~fO~gage ~ Se~rltv A ........ ~ ~d holder of ~a~ c~a~ 0.~. ~k 2154. ~---',-~t~~ ~ ~avor of T~ 0.R. ~ok 2247, page 1316; =e~rd~ ~ O.R. ~ok 2247~ page ~354~ ~d U~-I ~n O.R. ~ok 2247, page ~380, ~ o~ ~e Florida (~ere~a~er referr~ + .... )~11~ Records of ~red ~, ~ty has re ~.~ ~l~ue of ~il refer~ce i[,'ff a~ ~ ~e ~a~c P~e~.- , =~c~ ~ioea are h~e~f~ r ~fe~ ~, C~ty ~t ~ · ~' ~~, in consideration of d L_~a~' ~ ~e ~n~ of ~? --~-, V~ ~ ...... r ~ . ~: ~ c~s~ssion ~~----'----= t · HMA PROJECT m 91.132 ~ m)rrtt · ~sso(:t~s, wc REF. DWG. B-2097 ~ ~..~,~es su~v~,o~ JiA. Y2.1997 PAGE 1 OF LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTtONS 14 AND 15, TOWNSHIP 51 SOUTIH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, ~ A PORTION OF TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE, ACCO4~DING TO THE Pt. AT THEREOF, RECORDED IN PLAT BOOK 17 AT PAGES 96 THROUGH 10~, OF TI~E PUBUC RECORDS OF COUJER COUNTY. FLORIDA, BEING MORE PARTICUI. A~Ly DESCRIBED AS FOLLOV~: COMMENCE AT THE SOUTHWESt CORNER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 51 SOUTH, RANGE 2~ EAST, COI.[JER CO4JNTY, FLORIDA: THENCE RUN N. 00'!~'41' E~ ALONG THE V~IEST ~ 04= THE NORTHEAST QUARTER OF ~JD SECTION 15, FOR A DISTANCE OF 13~6 FEET TG A POINT CA; THE NC~FrH IJNE OF ~ 8OUTH ONE HNLF OF THE NOf~'rHEAST QUA~¥[~ OF ~,~D SECTiON 15; THENCE RUN $. 811'13'$$' E. ALC, NQ THE NORTH UNE OF ~ SOUTH ONE I-U,J.F OF THE NORTHEAST QUARTER OF SAJO SECTI4=~ 15, FOR A DIST/,.NCE OF 145.roSe FEET; THENCE RUN S. 00°4~25' W. FOR A Di'STANC~ OF ~3.00 FEET TO THE ~ BEGINN~N(3 OF THE PARCEL OF LANO HEREIN ~E~,,CRIBE. D;, ~E RUN S. ~g'13'35' E. FOR A DISTANCE OF 5'/.19 FEET TO ~ aE(3INN~N,3 OF A TA~'~K~ENTIAL CI~CUt. AR CURVE. CONCAVE SOUTHERLY; TH[NCE I~JN EASTERLy, ALONG THE A~C OF CURVE TO THE RIGHT, HA'vlI'K~ A R.,M)fl.~: OF 140.~;, FEET, THRC~GH A CENTRAL ANGLE OF 14'04'1~', SUBTENDED ~YA CHORD CF 34.30 ~.L~-T AT A BEAR;I,,IG OF S. ~2'11~6' F-, FOR A DISTANCE OF ~4.3~ FEET TO THE EN~ OF IMJO CURVE; THENCE Rb~l $. 75°0~1;" F- FO~ A D;STAHC~E OF 44.90 FEET TO THE BEO~NN~NG OF TANGF.~'ilAL ClRClJ~A~ CUR~, CONCAVE 8OUTHV~.~ ~P--~L'Y; THENCE RUN SOUTHEASTERLY ALONG THE A~C OF ~D Ct~I~VE TO THE I~JGHT, HAVING A RADIUS OF 118~O FEET THROUGH A CEf~I'~L ANGLE OF *~2'$1 ~', ~:~ED ~Y A CHORD OF 67~2 FEET AT A BEARING OF $. ~1'4~45o =_ FOR A DISTANCE OF E7.95 FEET TO A POINT OF REVF, qSE CURVE; THENCE CONTINUE ~OUTHEASTER~Y ALC~G THE ARC OF ~AJD CUf~ TO THE LEFT, HAVING A RADIU~ OF lr2.~) FEET THROUGH A CENTRAL ANGLE OF 46°55~', 8&J~TENOE~ ~Y A CHOR~ OF 1~ FEET AT A ~.ARING OF $. 65,45~52· E., FOR A DfSTANCE OF 1~7~4 FEET TO THE END OF CUR~E; THENCE ~UN S. ~'1 ~'&5' F- FOR A I~BTANCE OF I;ZT2 FEET TO THE BEGtNNING OF A TANGENTIA&. ClRC1JLA~ CURVE, CONCAVE NORTHWeSTERly; T~NCE RUN NORTHEASTERLY ALONG TH~ ARC OF &m~O CURVE TO ThE LEFT, HA~IN~ A RAD~ OF 117.00 ~=,ET, THROUGH A C~ At~3~E OF ~O"~ ~.AJETENOEO ~Y, A CHORD OF ~1.52 FEE-i' AT A BEARING OF N. 75~1~O' E.. FOR A D~TANCE OF S~25 FEET TO A PO~T OF REV~J~E CURV~ T~J~.E ~ OF 100.00 FEET, T~OUGH A CE~T~,% ANGLE OF ~2~1~', ~J~DED BY A CHORD OF 52.5~ FEET AT A BF..A~ING OF N. ?$~JI"~0' E, FORA DISTANCE OF ~3~1 FEET TO THE ENO OF SAID CURVE; THENCE RUN S. ~8-1~-~$- F_ FOR A D~-t-ANCE OF 2057.19 FEET; THENCE RUN S. ~8'2~4~' E. FOR A DISTANCE OF 1~ ~.90 F~ TO THE BEGINNING OF A TANGENTtAL ClRCtA. AR CMRVE, CONCAVE ~-.4JTHWESTER:Ly; THENCE RUN SOUTHEASTERLy ~J-ONG 7HE ARC O~ S~JO CURVE TO THE HAVING A RADI1J~ OF 5~0.00 FEET, THROUGH A CENTRAL ANGLE OF S1J~¥P..NOED BY A CHORD OF 421 .~ FEET AT A BEAR~K~ OF $. 65'47'1 ~' F-, FOR A ~57~?'_~Z~*_ D, ST~CE OF ,~., FE~"r TO ~m ~.~ ~ X'T~,,~,,r~. i )i · [ ~. __;~... ; b~.-~--_~_! HMA PRC~ECT # ~Y2, PAGE ~ ~ ~C ~ ~ C~ TO ~ ~. ~ A ~S ~A ~~ ~ 1~'51~, ~ BYA ~ ~ ~3~5 F~ ATA ~ ~ 8. ~8' [, F~ A ~ ~ ~3.~ F~ TO ~ ~ ~E R~ 8. S~1~ ~ F~ A D~T~ ~ 28.73 FE~ TO A ~T ~ 17 AT PAG~ M ~ 1~.~ ~ ~ ~C~ C~~p ~ ~ T~ ~. ~ ~ ~E ~E 1. ~NCE ~]M~ 8. ~H~ ~ F~ A ~E ~ ~.4g FE~ TO ~D BY A CH~D ~ 839.~ ~ AT A g~ ~ S. ~S~ E., F~ 3. ~CE ~ ~, 44'~ ~ F~ A DI~ ~ 351.gl F~ TO ~ BEGgiNG ~ ~ 70.71 FE~ AT A B~RING ~ 8. ~0~ W.. FOR/. DIe. CE TO ~ g~ ~ ~D CUR~; ~. ~NCE ~ 8.45'0~ W. F~ A ~E ~ 142.01 F~ TO ~ BEGI~iNG ~ A T~ CIR~ ~, ~ ~;~y; 6. T~ ~ 8~~y, ~ ~ ~ ~ ~ C~ TO ~ ~, ~ A ~l~ ~ ~,~ F~, ~H A ~;~ ~ ~ 14'0~'~. ~D ~ A ~ ~ ~.74 ~ AT ~ ~ S. 38'~4' W., FOR A ~ ~.01 FE~ TO ~ END ~ ~ ~ 7. ~ ~ 8. 31'0~'4r W. F~ A ~E ~ 243.18 F~T; ~~, KN 8. M'~I~ [ F~ A ~ ~ IM~ F~ TO A TO ~ BE~ ~ X T~ ClR~ C~ ~~Y; ~E R~ ~~y ~ ~ ~y RIG~. ~-WAY U~ OF ~ CL~ ~ ~ ~ ~ ~C ~ ~O ~ TO ~J ~%~ [. ~ ~ ~Y m~.wxY ~ c; ~o~ c~ HMA PROJECT # g3.132 REF. DWQ. B-2097 JULY 2, 1~97 PAGE 3 OF 4 MAP~lol-r c1,.u~ DRIVE. RUN $. 3g'46'43' W. FOf~ A DISTANCE Of= 10.00 FEET; THENCE RUN N. 50'13'17' W. FOR A DISTANCE OF 500.51 FEET TQ THE. BEGINNING OF A TA,N~ENTtAL CIR~ CURVE, CONCAVE ~::)[.rTHW~.RLY; THENCE RUN NOR'THW~$TERLY, ALI::~N3 THE ARC OF SAJO ~ TO TH~ LE.,r'r, HAVlNG A P,,~J~IUS O~ 3~I0.00 FEET, THRO~:3H A CF. NTRA~ ANGL~ Of~ 1~4'4,4'SS', 8U~rENDED BY A CHORD O~ 501.132 FEET AT A BEARING OF N. 54'35'45' W, FOR A DIs'rANCE OF 501.81 FEET TO TH~ END OF &kid CURVE; THENCE EUN N. 58'5~'12- W. FOE A DISTANCE Of= 1052.53 FEET; THEt,'CE RUN N. 31 '01'4~' E. FOR A DISTANCE O~ 243.18 FEET TO THE BE. GINNING O{¢ A TANgENTiAL ClRCULAP, CtJRV~ CONCAVE IIOUTHE. A~'r'ERLY; ~ ~ NOR~Y ALONG THE ARC O~ ~ID ~ TO THE RIGHT, HAVING A I~M:)IUS OF 2050.00 FEET 3.HRO~3H A C~NT'RAL ANGLE O~ 14'05'12', St~BTENDED ~Y A CHORD OF 505,15 FEEt AT A BEA~ING OF N. 38'04'24' E., FOE A DISTANCE OF 543e.47 FEET TO THE END C~r &MD CURVE; THENCE RUN N. 45'07'00' E. FOR A DIb"TA~CE OF 142.01 FEEl' TO THE BEG~,NNII~21 OF A TANGF. NTLAL CIRCUt~ CURVE, CONC. A~E W~STERLY; THENCE RUN NORTHEELY ALONG THE ARC OF SAID Cf./RYE TO THE LEF3., HAV1N~ A RADItJ~ DF 40.00 FEE"r, 'rt-~OU~H A CEN*TRAL ANGLE OF ~O-00'00', SUBTFJ~IDED BY A CHORD OF 5~.57 FEET AT A BEARING OF N. 00'07'C,~' E.. FOR A DISTAJ~iCE CF 62.~3 FEET TO THE FJ'~:) OF ~AID CURVE; THE. NC~ RUN N. 44'53'00' W. FOR A DISTANCE OF. 351 .gl FEET TO THE BEGINNING OF A TANGENTtAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY; THENCE ~ NORTHWESTERLY ALONG THE ARC OF &AID CURVE TO ~ LEFT, HAVlNQ A ~IU$ OF 3~40.00 FEET, THROUGH A C~'TRAL ANGLE OF 12'12'12-, 8U~'ENOED ~'Y A CHORD OF 837.81 FEET AT ,~. ~,EARJI'~ OF N. 50',~:}~' W.. FOR A DI~I'ANc',~. OF ~3~.'lg FE. E3. TO THE END OF SAJD CURVE; THENCE I~UN hi. 57'05,13' W. FOR A I:~I'ANCE OF $~3.Z2 FEET TO THE BEGINNING OF A TANQEN"rbM.. ClRCt..~AR CURVE° CONCAVe[ NORTHEASTERLY; 3.HENCE RUN NOR'rH1/VESTERLY ALONG ~,E AR;C OF ~AID CURVE TO THE RIGHT, HAVlNG A RADIUS OF I0~0.00 FEET, THRC.~tGH A CENTRAt,- AN(3LE OF 13'51'30', ~IJ~TEJ,,IDED BY A CHORD OF 25S.78 FEET AT A ~BE,/M.~ING OF N. ~' W. FOR A DISTANCE OF 256.3g FEET TO THE END OF SAID CURVE; ~E RUN N. 43'13'43' W. FOE A DISTANCE OF 242.1'/FEET TO THE BEGINNINg3 OF A TANG ~I'IAL CIRCULAR CUR'VE, CONCAVE SOUTHWESTERLY; THF. NCE I~UN NOi~CTHW~-~rE~,LY ALONG 7HE ARC OF ~ CURV~ 3'0 THE LE. FT, t.tAV~K3 A RADIU~ C~ 540.00 FEET, THROUGH A CF,.J4TRAL )~,IGLE OF 45'07'01', SUBTENDED BY A CHORJ3 OF 414.32 FEET AT A BF.A~INQ OF N. 85'47'13' W., FOE A DISTANCE OF 425.22 FEET 3'0 THE END OF CURVE; THENCE RUN N. ~'20'~4' W. FOE A DISTANCE OF 1 ~g.~2 FEET; THENCE N. !1~'13'35' W. FOR A DIGTANCE OF 2057.1~ FEET TO 'Jl..IE ~F. GINNING OF A ?ANGENTt,M. ClRCU~..A~ CUR~E, CONCAVE ~,OU3.HEA~'~-Y: THENCE. RUN ~:)~TI-~,.$TFJ~Y ALONG ~ ARC OF ~ ~ TO ~ L.F, FT, HAVING A R,ADIt.~ OF ~:).0~ FEET. 'rH~OUGH A C~ ANGLE OF 3~'10', ~A.,~TEI',IOED BY A CHORD OF 47.32 FEET AT A BEARING OF S. 75'31'50' W. FOP, A DISTANCE OF 47.8~ FEET TO A POINT OF REVERSE CURVE; THENCE CONTINtJE ~3u"rHW~I~'EI~LY ALONG TH~ ARC OF ~MD CURVE TO THE RIGHT, HAV1NQ A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 30'2~10', SUBTENDED BY A CHORD OF ~.78 FEET AT A 8F_A~ING OF 8.7S'31'50' W. FOE A DISTANCE. OF eT.~? FEET 1'O TH~ END OF ~ID CURVE; THENCE RUN N. ~1 $'3S' W. FOR A DISTANCE OF ~2.72 FEET TO THE BEGINNING OF A 3'AN(3ENTW, CIR~ ~, CONCAVE ~Rt.Y; ~E RUN A I~DIUS NOR'THW~rERLY ALONG ~ AP, C OF ~ ~ TO ~ RIGHT, oF 160 ~ FEET AT A BE. AP. IN(3 OF N. 85'45,52' W. FOE A DI~'TA~'"t--'~ ["~' ' HMA PROJECT II g3.132 REF. DWG. B.2097 ,,K,'LY 2. lgg7 PAGE 4 OF 4 OF SxE) CURVE TO THE LEF'T, HAVING A RADIU~ OF t0~.~3 FEET. THROUGH A CENTR,kL ANGLE OF 32'51'0~', ~.,'63'ENOED BY A CHORD Olr 61.36 FEET AT A BEARING OF N, ~°43'43° W. FOR A INSTANCE OF ~2,21 IrEE~ TOTHE ENO OF I~AJD THF. NCE RUN N. 75'0g'17' W. FOR A INSTANCE OF 44.g0 FEET TO 'THE BEGINNING OF A TANGENTAL CIRCUlaR CURV~ CONCAVE SOUTHWESTERLY; THENCE RUN NORI~ESTERLY ~ONG THE MC OF S~JD CURV~ TO THE LEFT. HA~NG A R~D~S OF 13~.00 FEET, THROUGH A CE~ ANGLE OF 14~4~ r. $UETENDED BY A CHORD OF 31.a5 FEET AT A BEARING OF H. a;~11~ W. FORA INSTANCE OF $I.~J FEET TO ~ ENO OF SAiD CURVE; THENCE RUN N. 89'1~ W. FOR A DISTANCE OF 57.11 FEET; THENCE RUN N. 0~IF0(~ F_ FOR A INSTANCE OF 10.00 FEET TO THE ~NT BEGINNING: CONTAINING 2.037 ACRES, MORE OR SUbJeCT TO EASEMENTS. RF~F.~VAT)ON~ Off R~6~I~"TIONS OF RECORD. BEARING8 ~HOWN HEREO~ I~ TO THE WEST LINE OF THE NO~ QUARTER OF SEC~ 15, TOWNSHIP 41 $OtJ~, RANGE 2~ EAST. COI~JER C~. A~ BEING N. 00°1r41' E. HC~F~ MONTES &ASSOCtATE$. INC. cERT~K~ATE OF AUTHORtZA~ON ~ #1772 THOMAS M, MURPHY ¥ ~ ~rATE i PETITION FORM FOR VACATION OF ROAD RIGHTS-OF-WAYS AND ALL UTILITY EASEMENTS, IF ANY. LOCATED WITHIN ROAD RIGHTS-OF-WAYS Date Received: Petitioner: 951 Land Holdings Joint Venture Address: 4001 Tamiami Trail North, #350 City/State: Naples Florida Petition #:AY- Telephone: (941)434-2030 Zip Code: 34103 Agent: Young, van Assenderp & Varnadoe, P.A. Address: 801 Laurel Oak Dr., Suite 300 Telephone: (941)597-2814 City/State: Naples Florida Zip Code: 34108 Road Names: That portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District pump station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive). Location: Section 14 & 15 Township 51S Range 26E Legal Description: Marco Shores Unit 30 Golf Course. A subdivision of Sections 14 & 15, Township 51S, Range 26E, Collier County, Florida. Plat Book 1557 Page (s) 2335-2340 Reason for Request: Please refer to Statement of General Public Benefit, attached as Petition Exhibit 2b. Current Zoning: PUD Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: X Yes No Please refer to attached copy of Joint Consent & Appointment of Agent, the original of which is on file at Collier County Community Development offices. Signature of Agent: Young, van Assenderp & Varnadoe, P.A. Date: July 3, 1997 R. Bruce Anderson Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail Transportation Services Collier County Government Complex Naples, FL 34112 Telephone: (941) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principal@.:.. (4) List all other owners. I~(¢)~) ~ ......... . i · '4. PETITION FORM FOR VACATION OF ROAD RIGHTS-OF-WAYS Date Received: Petition ~:AV- Petitioner: 951 Land Holdings Joint Venture Address: 4001 Tamiami Trail North, ~350 Telephone: (941)434-2030 City/State: Naples Florida Zip Code: 34103 Agent: Young, van Assenderp & Varnadoe, P.A. Address: 801 Laurel Oak Dr., Suite 300 Telephone: (941)597-2814 City/State: Naples Florida Zip Code: 34108 Road Name: Unnamed 60 foot Roadway Easement Location: Section 14 & 15 Township 51S Range 26E Legal Description: Please refer to attached 60 foot Roadway Easement Reason for Request: To be consistent with Fiddler's Creek PUD which provides for private roadways or roadways owned and maintained by the Fiddler's Creek Community Development District and to formally vacate a 60 foot Roadway Easement which according to its ow~ terms has been terminated. Current Zoning: PUD Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: X Yes No Please refer to attached copy of Joint Consent & Appointment of Agent, the original of which is on file at Collier County Community Development offices. Signature of Agent: Young, van Assenderp & Varnadoe, P.A. By: ~- ~{~ n~' ~r~'~'~'- Date: July 3, 1997 ~, ~r~ce A~nderso 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: Transportation Se~ices Collier County Government Complex Naples, FL 34112 Telephone: (941) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (2} If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. · JOINT CONSENTANDAPPOINTMENTOF AGENT This Joint Cp~sent and Appointmen. of Agent is made this day of .~.C~$~' , 1996 by GB 100, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation (hereinafter referred to as the 'Partners, or 'Owners'). WITNESSET~ WHEP. EAS, the Partners have Joined together aa principals and partners to form 951 Land Holdings Joint Venture, a Florida general partnership, which has a mailing address of 4001 Tamiami Trail North, Suite 350, Naples, Florida 34103; and WHEREAS, the Partners own approximately 1389 acres of land located in Collier County, Florida, consisting of several parcels more particularly described in Exhibit "A", attached hereto, which land has been approved as the Fiddler's Creek Development of Regional Impact ("DRI"); and WHEREA~, the Partners have contracted to purchase the property described in Exhibit "B" hereto and seek to rezone that property to PUD as part of the Fiddler's Creek project; and WHEREAS, the Partners intend to carry out development on the property described in Exhibit "A" and "B" (hereinafter "Subject Property,) which will require changes, amendments, or additions to the Fiddler's Creek PUD and DRI Development Order 84-3, as amended, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the state of Florida, the U.S. Az~q;Corps of Engineers, and agencies of local government; and WHEREA~, the Partner/Owners comprising the 951 Land Holdings Joint Venture general partnership have decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Partners, and to authorize said agent to act on their behalf with full authority, to obtain such approvals, including rezoning of the property described in Exhibit "B", and amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property. NOW ~FORE, the Partners/Owners, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, Jointly consent to the following: A~PO~"T OF AG~tTTS 1. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., whose address is 80~ Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agent/representative of both the Partners/Owners and of 951 Land Holdings Joint Venture, with full authority to act on their behalf to perform all legal services related to, and to supervise the preparation, submission, and review of an~ ap~lic, ationa needed__ to obtain approval of the Partners' Subject Property. 2. George L. Varnadoe and the, law flrm of ~oun~/'4~a4~~' I Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Partners/Owners and 951 Land Holdings Joint Venture with their full authority before any and all governments1 entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Game and Fresh Water Fish Commission. e. The Florida Secretary of State and all other Cabinet level offices and agencies. f. The Florida Land and Water Adjudicatory Commission. g. The South Florida Water Management District. h. The U.S. Army Corps of Engineers. AS EVIDENCE OF THEIR JOINT CONSENT TO AND APPOINTMENT OF T~E AGENT named above, the Partners/Owners in their individual capacities and as the principals of 951 Land Holdings Joint Venture have signed below. PARTNER/OWNER: PARTNER / OWNER: GB 100, IN~2 , / ~gna~ure PARCEL Z, INC., (CORPORATE SEAL) Si~ature Printed Name Signature I r.° Exhibit "A" :' · i Page 1 of 7. ..% pi !l I" a~ .,," !" Pa~e 5 o~ ? !1 P'ase 6 ot 7 O0e4MENCING AT THE SOUTH Qt/~RTER CORNER OF SECTION 15, (CONCRETE MONUMENT), .~NSHIP 51 SOUTH, RANGE 26 EAST, COLLIER ~, FLORIDA RUN N 88°56'55' W ~ 146S.24 FEET~ THENCE N 02'29'06' E FOR 694.66 FE.ET ALONG THE EASTERLY ~I(~T-OF-WAY LINE OF b'TATE ROAD 951~' THENCE S 88°58'47n E FOR 1439.23 FEET~ B 00'20'25" W FOR 69S.29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND TKE WESTERLY 17 FEET OF THE HEP, BIN DESCRIBED PARCEL OF LA~D FOR THE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166, PAGE 001070, R~CORDS OF COLLIER COUNTY, FLORIDA. Pa~e 7 of 7 ~Q~, DESCRZP~ZON ALL OF SECTION 13, TOWNSHIP 51SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. il ii t I I I EXHIBIT '2b" STATEMENT OF GENERAL PUBLIC BENEFIT RESULTING FROM T~E VACATION The road right-of-way (including all utility easements, if any, located with the road right-of-way), which the Petitioner proposes that the County vacate, currently provides little benefit to County residents. The right-of-way to be vacated is east of the entry to the Collier County Water-Sewer District master pump station. That portion of Championship Drive west of and including the entry to the pump station to the intersection of Championship Drive and State Road 951 is not to be vacated. The westerly portion of Championship Drive which will not be vacated will continue to provide the convenient existing access to the Pelican Lakes Recreational Vehicle Park property currently under construction, the owner of which has refused to sign a letter of no objection, and from whom such a letter is unnecessary because the existing improved access is unaffected by this Petition. The remaining roadways to be vacated lead directly to the Marriott's semi-private golf course with no connection to any other roads. The owner of the Marriott Golf Course property has no objection to the vacation, and retains unimpeded access over the relocated and vacated right-of-way. As a result of the vacation, a portion of Championship Drive immediately east of the County Water-Sewer District master pump station will be relocated to the south of its present location as shown in the attached graphic entitled, "Championship Drive Relocation and Proposed Improvements.- The plat for Marco Shores Unit 30 Golf Course states in the Dedication paragraphs of the Plat: "... hereby dedicate the streets and rights-of-way as shown; and do grant the easements, as shown and noted in the general notes, to the entities described herein, all in accordance with and subject to the general notes contained herein.., a non-exclusive utility easement (U.E.) as indicated on the plat for the purpose of construction, installation, maintenance and operation of electric, telephone and cable television facilities and service." The General Notes paragraphs on the Plat, number 9, states: "U.E. indicates utility easements located within the dedicated rights-of-way." However, no "U.E." notations appear on the Plat. These attempted utility easement dedications do not comply with the requirements of Section 177.091(16), Florida Statutes, that "Location and width of easements shall be shown on the Plat or in the notes or legend, and their intended use shall be clearly stated." As a matter of general public benefit, Petitioner proposes to eliminate any doubt or confusion as to whether any such utility easements exist by vacating the rights-of-way and all utility easements, if any, that exist within the rights-of-way, and to issue new utility easements by separate instruments for electric, telephone and cable television providers. A new utility easement is also being provided to the Collier County Water-Sewer District. All replacement easements, which include the relocated portion of Championship Drive, are included in Petition Exhibit 2k. The Petitioner will bear the cost of relocating the County's water line along the relocated portion of Champions~ip Drive, and required County acceptance procedures construction of the relocated water line. Section 11.3d of Ordinance No. 96-74 Planned Unit Development Ordinance) states: upon completion of (the Fiddler's Creek "It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road." Vacation of the platted roadway is consistent with, and necessary to effectuate the Fiddler's Creek PUD Ordinance which has already determined that placing this roadway in the ownership of the Fiddler's Creek Community Development District and/or the property owner is of general public benefit. EXHIBIT 2b The sixty (60) foot roadway easement sought to be vacated has never been improved and was intended only as a temporary measure, as set forth in paragraph 3 of the easement document entitled, "Termination of Easement." On the attached graphic entitled, "Championship Drive Relocation and Proposed Improvements,- this sixty (60) foot diagonal easement is shown. This easement sought to be vacated was granted in August of 1990. Subsequent to the grant of this easement, Marco Shores Unit 30 Golf Course was formally platted and approved in November 1990. The approval of Marco Shores Unit 30 Golf Course Plat provides the "alternate roadway easement and/or right-of-way which provides similar pedestrian and vehicular ingress and egress to SR 951 as that provided in the sixty (60) Roadway Easement," thereby triggering the "Termination of Easement Clause" referenced earlier. $O\rl~b~ lc.sCl %,.I I % ,Il I i[t,a. ' !.'t,d~: i s~,lllj.t j ~{i.}liI ~ :~:..,,j. , Ii{ ~ .... ' ' [,-f..Psl i .ii:l ' It :1 I ii: I, i { :'~:{ h I ,, i i2. ti · :.~ llllll I IlltltNHIIIII III i' l Ill Fy'> ~ oo (5)° COLI R COUNTY GOVERNMENT W IV I April 14, 1997 Mr. Russel M. Lazega Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Marco Island, FL 34146 3301 E. TAMIAMI 'rlI~ML NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A C-.~KTIIrlED BLU[ CHII' COMML.~ITY Re: Petition to Vacate the Streets in Fiddler's Creek Subdi~,~sion, Marco Shores, Unit 30 Golf Course, with the exception of the public fight-of-way west of the Collier County Master Pump Station; Dear Mr. Lazega: This office has reviewed your request to vacate the streets in Fiddler's Creek Subdivision, Marco Shores, Unit 30 Golf Course, with the exception of the public fight-of-way west of the Collier County Master Pump Station (from S.R. 951 to the existing Collier County Master Pump Station). The Collier County Water-Sewer District has existing water facilities within the public right-of-way of Fiddler's Creek Subdivision, Marco Shores, Unit 30 Golf Course. In order to satis~_the Collier County Water-Sewer District, we require: I) that all platted right-of ways be dedicated as Collier County Utility Easement (CUE), accepted b the Board of County Commissioners, and recorded in the Collier County Public Records, and 2) that our water personnel have unconditional access for serv/ce and maintenance of our existing water facilities within Fiddler's Creek Subdivision, Marco Shores, Unit 30 Golf Course, and 3) that landscape plantings of trees and shrubs not be planted within 7~A feet ofthe water facilities, and 4) that an agreement be established, stating that in the event of damages to the water facilities, the homeo,xners or homeowner's association shall be solely responsible for said damages. Should you have any farther questions, please feel free to contact me. Sincerely, Cindy M. Erb, Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operations Director Michael Newman, Water Director Russ Muller, Transportation Services t.L;3 0 ~ 1:;27 COIJ.IER COUNTY GOVERNMENT PUBLIC WOKKS DIVISION 3301 E. TAMIAMI TRAIL April 14, 1997 Mr. Russel M. Lazega Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Marco Island, FL 34146 NAPLES, FL 34112 (941) 732-2575 FAX (94 I) 732-2526 A CEILTIIrIED BLUE CA"III~ COM. Mb.~ITY Re: Petition to Vacate the Easement in Fiddler's Creek Subdivision, March Shores, Unit 30 GnlfCot, rse; Dear Mr. Lazega: This office has reviewed your request to vacate the above referenced easement. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the easement. Should you have any further questions, please feel flee to contact me. Sincerely, Cindy M. £rb Public Works Senior Engineering Technician CC: Edward N. Firm, Public Works Operations Director Michael N..-~wnan, Water Director Russ Muller, Transportation Services ~ ~COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES. FL 33942 (941 ) 643-8400 A CERTIFIED BLUE CHIP COMMUNITY PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION June26,1997 Mr. R. Bruce Anderson Young, Van Assenderp & Vamadoe, P.A. Attorneys at Law Suntrust Building g01 Laurel Oak Drive, Suite 300 P.O. Box 7907 Naples, Florida 34101-7907 RE: Petition to Vacate Streets in Fiddlers Creek Subdivision Dear Mr. Anderson: This is in response to your June 19, 1997 letter requesting a letter of no objection to the vacation of a 60 foot fight-of-way granted by a written instrument (copy attached) and 100 foot platted right-of-way known es Marfiot Club Drive, Tournament Boulevard and Championship Drive as identified in the attached sketch. We have reviewed this request and Collier Coonty Engineering Review Services has no objection. If you should have any questions, please advise. Sincerely, Thomas E. Kuck, P.E. Engineering Review Services Manag~ ~K~..lffLex~' ~ Io v','~ Fiddle's Critic) 6-26-9'/ cc: John IL Houldsworth, Senior Engineer (w/attach.) Russell Muller, Engineer I (w/attach.) Scan Abernathy (w/attach.) Fiddlers Creek File (w/attach.) 0 5 1337 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 53942 (941) 645-8400 .'% C£RTIFI ED BLU£ CHIP COMMUNI15° April 28, 1997 PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION Mr. Russel M. Lazega Wood~ard, Pires and Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Marco Island, Florida 34146 RE: Vacation of Marriott/Championship Drive Dear Mr. Lazega: Please be advised that this office has no objection to the vacation of the above referenced street right-of-way from that alignment and location lying south of and exclusive of an easVwest road easement along the southside ofthe Pelican Lake RV development all the way east to the north/south portion of Fiddlers Creek. Following our conference meeting of April 25, 1997 we understand that Marriott/Championship Drive will be relocated to a more northerly location paralleling said roadway easement, however, the existing paved roadway now within said easement will remain intact. ~~~':,no Chief Plamner RN/pd/f:Ron/Vacation of Marriott (4-28-97) cc: Russell Muller, Engineer I, Transportation Department kL'G 0 5 1.~27 p,~. 3'7 j March ~_~, 1997 From: Collier County Stormwater Management attn: John Boldt 3301 E. Tamiami Trail Buildin~ H, 3rd Floor Naples, FL 34112 To: Russel M. Laze~a Woodward, Pires, & Lombardo, P.A. 606 Bald Ea~le Drive, Suite 500 Post Office Box One Marco Island, Florida 34146 Dear Mr. Laze~a: In response to your letter dated March 19, 1997, Collier County Stormwater Management has no objection to your petition to vacate the ri~ht-of-ways and easements as shown on your letter and attachment. Sincerely, John Bo~_ ~ . Title:~~ ~ COLLIER COUNTY GOVERNMENT LI W RI< IVISI N March 28, 1997 Woodward, Pires & Lombardo, P.A. Ama: Russell M. Lazega, Esquire P.O. Box One Marco Island, FL 34146 3301 E. T/uMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A CI:RTIFIED BLUE CHIP Dear Mx. Lazega: In response to your letter dated March 6, 1997, the Collier County Stormwater Management Department has no objection to your petition to vacate the right-of-way and easements as shown on your letter and attachment provided our maintenance crews can retain unrestricted access through the Fiddlers Creek Development to reach those drainage easements around or through the development that are maintained by the County's Aquatic Plant Control Section. Sincerely, oldt, P.E., P.S.M. Stormwater Management Director IHB/ml~ Doc: J'HB-053 June 24, 1997 Florida Power & Light Compan~r.4105 15th Avenea S. W. Naples. FL 3:~ JUN. '; '~ !967 Mr. R.Bruce Anderson Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Dr. Suite 300 Naples, F1 34101 RE: Fiddler's Creek Right-of-Way Easement and Platted Right-of- Way Vacation Petitions Dear Mr. Anderson: Based on your commitment that any relocation of FPL facilities brought about by the relocation of the right-of-way will be paid for by your client, FPL has no objection to the relocation of said platted right-of-way and the vacation of the easement. This "non objection" is subject to the creation of a replacement easement prior to the vacation of any existing easement. If you have any further questions or requests in this matter, please contact me at our Golden Gate office (941-353-6040). Sincerely, G. J.Gratton Construction Services Designer-FPL an FPI. Group company AU$ 0 5 '""~ = n- Sprbat 3U H 3 6 ~997 Southern Operations Box 165000 ~tam~t~ Spnnp. Honda 527 Fax ~07 8891211 /uric27, 1997 Mr. R. Bruce Anderson Young, van Assendcrp & Varadoe Attorneys at Law Post Office Box 7907 Naples, Florida 34101-7907 RE: Fiddler's Creek Right-of-Way Easement and Planed Right-of-Way Vacation Petition Dear Mr. Anderson: Sprint-Florida, Incorporated, consents to thc relocation of thc platted right-of- way and vacation of the casement in the Fiddler's Creek development conditioned on the following: --' I. Any reasonable cost for the relocation of Sprint-Florida's existing facilities will be paid for by your client. 2. Creation of a replacement easement prior to the vacation of any existing easement. 3. The replacement of the existing easement and vacation of the right-of-way be coordinated so existing c~stomcra served by facilities in the existing easement will not Io$¢ telephon~ servi~ from Sprint-Florida and Sprint-Florida will not incur additional expense to keep those customers in service. If you have any question on this matter, please call me, or Sprint-Florida's Project Engineer, .i'ohn Endres, at (941) 263-6320. ANB:tbm Sincerely, Alan N. Berg TIME WARNER ~ABLE June 30,1997 R. Bruce Anderson Young, Van Assenderp & Vamadoe 225 South Adams Street,S uite 200 Tallahassee, Florida 32302 Dear Mr. Anderson Time Warner Cablevision ( CVI ) with franchise authority in Collier County and Florida Cablevision Management Corp., it's operating entity, h~' reviewed the request for the vacation of easements as described in your letter dated June 23, 1997, accompanied by sketches of platted right-of- way to be vacated, and has no objection. Sincerely, Grant Pate Construction Manager Time Warner Cable Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 April 1, 1997 Mr. Russel M. Lazega Woodward, Pires & Lombardo, P.A. Attorneys at Law 606 Bald Eagle Drive Suite 500 P. O. Box 1 Marco Island, Florida 34146 RE: Vacation of streets in Fiddler's Creek Subdivision Marco Shores Unit 30 Golf Course Dear Mr. La.zega: Staff has reviewed your request for a letter of"No Objection" for the above described project. The easements to be vacated are as described in your letter of March 6, 1997, listed above7" .The Sheriff's Office reviews these reque~-~s to determine if the gra~ting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, a~d traffic eMorcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver the.~e services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:jlun cc: File - eamuent.ltr WE SUPPORT WE SPONSOR Sincerely, ~ on l-lunter, Sheriff -'"'~---~ )Collier County, Florida T H E F' L 0 R I D A $ H E R F~~)__~I:i A home for needy and worthy bo.~s aj~d.gid- - - _ 4 ' c o L c L CO~L~E. COU.~ E~L~~O March , 1997 From: East Naples Fire Control and Rescue District attn: Robert Schank 4798 Davis Blvd. Naples, FL 34104 To: Russel M. Lazega Woodward, Pires, & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Post Office Box One Marco Island, Florida 34146 Dear Mr. Lazega: In response to your letter dated March 19, 1997, East Naples Fire Control and Rescue District has no objection to your petition to vacate the right-of-ways and easements as shown on your letter and attachment. Chief m,lll 13'14 P. 13/rJ iO~ Laurel Oak Drive, su/t~ 640 City NaC~O~i ~ of ~lorida, a N&~io~ll la~l~ ~r pe~L~n ~o va~ ~a ~; eU~~h~ O~ Way rm~rded in o~ ~he a~va-~Ciona= ~l~, l~Xewl~ ~oinm y~ ~e~i~ion ~o~ ~e foll~i~ ~C n~e ~nges: ~i~ctca!y, IN:b"'T'R~C~._~Y AS TRU~, ~t UNtN~ LAt4~ TRUST PARCEL Z, INC. 1285 Avenue of the Americas New York, New York 10019 April 10,'1997 Russel M. Lazega 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 Vacation of Roads and Right of Ways Fiddler,s Creek Sub4ivision Dear Mr. Lazega: Parcel Z, Inc. has No Objection to your petitio~ to vacate the'60' easement\right.of way recorded in O.R. Book 1557 at Pages 2335-40, Public Records of Collier County, Florida or your petition to racet, the dedicated public right of way along Championship Drive, Marriott Club Drive and Tournament Boulevard. Sincerely, JamJ~President Parcel Z, Inc. 0 ~ U J7 i TO "?7453"/5 P. ~2 Suly 7, 1997 Collier Cou~y Board of Commissioner~ CoLlicT County Govcrm~t Comploc 3301 T~aiami Trail Eazt Naplea, Fl 34112 Re: Fiddler's Creek liMA File No. 93.132 Dear Comm~zsioners: I hereby state to the best of my knowledge and ability thai no cable TV facilities have -bean installed within the platted fight, of-way of the Marco Shores Unit 30 Golf Course plat. Very truly yours, HOLE, MONTES AND ASSOCLATF. S, INC. W. Terry Cole, P.F_. Asscciaze Prc~ct Manager cc: COLLIER COUNTy R~C ~ 60' ROADWAY EASEMENT p;','~ ;.t RECITALS P~*~~. flO 1551 OR BOOK P~GE AUG 0 ~ 1S97 1801 1807, · ~,n ! 551 OR BOOK P~C,E STAt% O~ Iq. OWeOA ) Section IS, ?c~-~lhLp ~1 South, Ren;e 2& ~lst, Col~IeC County, rlorl~l, ~ng foll~z L~e ~U~h 20'-3S'-24' t~ leavLng llLd ~h line ~rth PHC tO ~4id ~h 1~ of t~ I~th ~/2 Of t~ aorth~3et 1/4 o~ S~tloa ~gl ire ~.~ on the ~lorl~ rlor~ EaiC ~ono. M.o. Direr JLn~A~j' 3l, OR 860K ,r .. co~£n county RECORDED L'NSTA~ FREPAA, E:D BY: NelNe P. Cm'nedk, Esq. 701 B~I T~ Folio _SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this ISth ~ay of ?~ua~'),, 1994 by COLLIER ASSOCIATES, LTD., a Florida tim/ted pm-mer~dp, I~ving an addr~s at c/o C.F. M~rco Properties, Inc., O~e Southeast Third Avenue, Suite 2700, biizmi, Florida 33131 ('Grantor') in favor of 559 91ST AVEIqUE, INC., z Florida corporation, having an address at 4001 North Ta.mtaml Trail, Suite 350, Naples, ~ofi(~ 33940, and PARCEL Z, INC,, a Florida corporation, having an address al 1285 Avenue of the Americas, New York, New York 10019, d/bin 951 LAND HOLDINGS IOI2,,"T V'F~NTURE. a Florida generfl pzrmership (coUectively, 'Grantee'). WlINESSEIE: That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and for other good and va/uable consideration in hand paid to Grantor by said Grantee, the receipt and sufficiency of which arc hereby acknowledged and confessed, by these presents does grant, bargain, seLl, alicn, remise, relea3e, convey and confirm unto Grantee, all that c~r',ain land situate, fy;rig and berg in Collier County, Florida and more pa. rficulzrly described on Exhibit 'A* attached hereto ~d made a pa~ hereof (the "Premises"). TOGETHER with ail the improvements located thereon and ~ her~i~en~, pfivUeg~, ~nem~u ~d a~u~n~ ~long~g m ~c ~, ~1 right, ~fle ~d interest of G~mr, if ~y, in ~nd m ~ ~ or pro~ ~$h~ys, s~g, r~ds, avenues, ~ey~, ~men~, s~ps, go~ ~d flghu~f-~y M, on, across, ~ front of, ~nfiguous ~, abutting or adjoinMg ~e ~, tolea~ ~ ~y ~d ~ r~ersion~ tnter~u of 0~tor in ~d to ~e Premigs (~ of ~e forego~i, toge~er win ~e PremJ~s ~ing hercinff~er TO HAVE AND TO HOLD, thc same in fee simple forever. The conveyance of the Proper~y is subject to real estate taxes and assessments for the year 1993 and subseaqugnt ye..a~ and to 1111 matters set forth on Exhibit 'B' attached hereto and made a pa~t hereof (without intending to re, repose same). Granto'r hereby covenant'~ that Gm.'uor is lawfully seized of the Proper~y in fee simple; that Grantor ha~ good Hght and lawful authority to ~Ll and convey thc Property; and that Grantor fully waJ-rants the fide to the Propcr~ and will defend the sarnc against the lawful claims of all persons cia/ming by, through or under the said Grantor. This instrumem may be executed in e. ounterpa~, each of which so executea:l and delivered shall be deem~ an original, but all of which tn.vain together shall constitute but one and the sa~ne instrumenL Secclved S .,. Class 'C' latanglbl¢ ~Personai ~re~rty Tax ~~.C, OR BOOK PAGE z~r ~$ ~OF, Grantor has hereunto executed r~s $~i~ W~ D~ ~ of ~e ~y ~d ~ ~t a~ve ~t~n. Signed, sca]ed a~d delivered in the. prcratncc or': 0001~5 COLL~'~R A$SOCT.~TES, LTD., a Florida limited Pa,"tn ership By: C.F. Mzrco Propcrde~, thc., a Florida corporation, M~na~ing Ocnc,-zl Paz~cr By:~ By: Mzrko Unit 30 Holding Corp., a Dchwaz~ corpondon, a Gcncr~l -Paz'mcr Print Name: Print Name: By:__ Ba.,'baz-~ Vice Prcsidcm Prim D~a. mc: Print Name: By: R.Z FJ~croft, Znc., a Dchw-~ corpondon, ~ly:~ Wi~am Tznskj Vice Pte~idcnt [Ackaowled~aeats on the £oUow'mg page] I]q WITN'E~$ ~OF, Grznt~r t~ ~ercu~to e~:uu~ ~Ms Sp~'i~ Wz.rr~ry Print Na~ne: CO!~ ^$$OC~'FF~, LTl)., a Flcrria, By: By: R/Hlncrofl, Inc., z D~hwue corporation, a Generzl Parmer ~'~ t Na~3c: Print Name: WillJzm Tan.O:/ Vice Pr~idc::t [Ackno~led~nent~ on ~e foilow~u3g p~e] PTi~t Print Ns. rn~ By: P.,'J n t Name: cnrpo~don, a Oc~cz'zl ~ l~ ~tlcrotl, Inc., c O0 OR BOOK PA6E O001h8 ST^TE OF .~,,ORZD^ ,I ) ss: COUN'FY OF DADE ) The forcgolnl Instrument was ow ~Mp, on ~.t~ .... ~ ~ ~ of ~..... ~, Inc., a ~odd, ' '~ ~hip. He is STATE OF NEW YOiUC My Comnflssion ExpLms: STAT~ OF RHODE ISLAND Na,me: Noury PubLic $U~ of New York P~°r'aO' Stzrnp/$ezll ) ) %%: COUNTy OF PROVIDENCE ) Tile/or~go;ng ir',s~"umc~ ',v'a.s ~ HY Com~ssion ~xpir~s: N~nc: N°ra~7 PubLic Suu: of Rhode l'Shnd l"Not,~y 'OR STATE OF FLORID^ cotq~Ty OF DADS, ~-,can,p, ~ beh~f of ,,,~ __ ".r~ of ~cr As~,~ ,Z~'~'' a ~o~ ~n~17 ~o~ ~ ~ *"~ N~c: ' No~ ~b~c My Commission ~A~ OP ~ YO~ CO~ OF ~ YO~ ) .: ~e foregoing ~s~m~t w~ at.ow ~f of ~d ~mgon. No~ ~bUc ~or~r -~auc. s,.,. o~ ~ Yo~ ~a~ OF ~ODE IS~ CO~y O~ PROVENCE ~e forcgo~g Jns~t ~ ~owl My CommJssion £xpLre,s: 000150 PAGE Hot~7 T~blic $,-',, of l:]ori6~ Commission [Nouz7 ST^'~E OF N~V YOgJ~ ) ) SS: $~,u= o1' Nc- York My Com,'~lsslon ~pLrr. s: STATB OP' ~'[ODE ~Z.AHD ) ) ss: coLrNTY 0~" I'.~OVi"DB,NC'J5 ) ]994. by W'~ttm Tansicl, ts Vice Prc~ldmt of P,J ERIcmA, Inc., a I)cLtw.~ c~q>on~on, u Na~ ~0~ ~. ~5~r~/' Ho~ ~blic S~ of Rh~ ~4y Comrdssion Ezpims: _..t?:- J Commence it the CorporltIo~ ,. .~ . ~Sl dl Co~ve recorded i~'~e~Y, ~lrrih~y DE.4 $22'31'21'; I -~e~-~! [,a dj,tint, thine. ~10.;~.~ce ~ZI'~3'3~'C e -- '- s e alltinCl tint, . dietl~c, of l~ ., · - of 47.33 fi,,- -~ .Z feet; ISl.10 feet; the~'-~:t; thine. thence jl?.~00~'~ti NaS'SI'J?., ~5.~o r..t, ~,:::':..~.t; th,nc, dl,tinc, of .~ ~:,~,ncn 'f :S2.72 f,.~' ~! ti.il /,,t] tX,nc ' [.,t; th,~,-':::.~!rt: th.nc, ,?(.,:[j...~.~c, dXJtlnc, of 1~0 ,, - ~ l~.J0 feet/ ,k ..... ~et; thence diet,Ace of IO~ ,,~nce of IlS.ii fe.t. ;~' feet] thine. dIItlnce of l(¢ ^-''~' 0~ I?.72 feet/ the~=~' _~.tl thence 2JJ.43 feet; th.~c· Neiili,jt- dletihce of !02'~:~h~n o£ II?.S( feet: :~- ~atl thence feet; th.nc. ,~,~.~t; thence ~$~.~$.,(.~,,,~? Rql'2J'l~.j · H$~'O?°JS.[ · d~_,_ ~etanc· oC e. ,. , ti.O? ~letinc. of 132 ~.0~, llS.2O f.,t; t~;~: -~: thine. teat/ thine, u~,o.?:~kJ thence Nieces.ea... ~Iate~c, o~ '2~:~·n~'.? 77.37 f.~t~'th~ .... .o :eft: thence $II'll'21't i dittsnce e! IlS,SI feet: $74*S0'24'g a dzetance of Sa.~I feet; thence ~aeJt'4J'S e C~ dlltince if Il.Il felt; thence #(Q'SI'IS'! e d~ltence er feet: thence soi*4$*lI'v a disC&ncc of 131.01 rear: thence s~3*IS'o~'v a dlitence of ISJ.OI feet: C~eflca S20°02*ll*V ~I*Ol'lO'V i d~lt&nce ef $4.4! feet] thence $IaeO?'I4*v dlltance of 44.JI feet: thence S(l°]~'II°V e dllteACl feet: thence SllelO'O&'v I dletence ef I~t.?~ feet; thence i distlnC* o~ 234.~3 ~eet: th*rice S02033'l~*V d~rCJnci of ~?.4~ teet; ~hence ~?~022']?'= i dls~aflce oC IS.3O dlstiAc~ of ~O0.~O filer thence ~520~'22'g a dtstdnce e~ %72*IJ'46'g m dSmtiflcu of~ JO.S~ feet; thence Sel*OS'O~'~ d~stance o~ ?~,03 ~eet~ thence SlIe$C'A~'I i d~stanc* of dle,eflce cf ti.t! feet: thence J~0124°01'¥ e dSitence thence ~ll'lZ'i0'v a dletence of I$.S~ fEEt; thence th¢hce N2t~52°24't e d~etenci of i2.(I feet; thence · ~tetincl cf 11.~1 feet; thence ~tle$?'Ot*g a dlitence of 137.1& feet; thence $$1'1S'23'g · disC·flee Of iS.ti felt; thence i$?eS~'(t'g & dtetence of ~0.31 feet; thence & dlltlnce ef 11S.10 felt; thence gil'$J'~i'£ · d[itance Of tOO.tO feet; thence SOi. IX.1OOV a dlstlncn of ~il.SS feet; dteteflce ®f 334.47 feit~ thence JSl'eS'Z2't e disc·nc, of a distance cf 54.43 flet~ thence ~$9031'02't i diet&ncc of 1S3.31 'fi.t; th.ncc ~ll'Ol'02'E n diatanc, of ??.ti fe~t; thence Si?'fll'S$'£ & dialing, of ltl,Si f,et; thence dlltence Of i$.21 feet; thence X2?'JO'OO't e dtltince of felt; thaflCl x25'35'$1't 4 dtetanca ef ti.el fi.t; SIi'tO'lt'£ e dlltencE of Ii.41 feat; thence ~tlitt'$i'¥ dS·tent· of 21.il flit; thence g]S'$1'Jl'V I dill&nc. eSi.IS feet; thing. ~01'0(']?'v I dietenc, of 117.$$ feet: thence Nli'Ol'll'~ i dlJtenci of 744~$ flit; th,nfl ~lltince of ?4oS1 feet; thence Xli'lS'Sl'V e ~letanc, of 3Z.I) feet: thence ~11'$$'33'v i distance of 74.92 feet: thence $22'11'$?'v · distance of 15.42 fait; thence S110Z$'44'¥ · flit: thence ~16'11'23'V e distance m~ lOt. SO feet; themce d~etaflcl of ~.$4 feet; thence ~oleli'0&'v e dlltencl of thence NlOe$$'2i°V e dletencE of I40.47 feet; ~22'37'41'£ I d~ltlnCl ef $1.1S feet/ thence 110.95 flit; thence X01'nl'22'£ a d~lt&ncl of i0l.?2 feet: thence ~OleS~'$~'¥ · distance of 137.1S feet; ~2Oe20]$~'t e dllteflce ef 147.~3 feet; thence I&O.O¢ fait; thence ~t5'12'35'¥ t diet·nfl of 140.17 fait: thence X00'05'1~'¥ I dtltlDCi of ]3.02 feet; thence 4 diet&nc· of 9~.$$ f,et; thence ~$te22'22'£ 4 distance of dtetincn bf i$O.?l feet; thence $i3e$1'$2'l I dlltence of iS.O? feet; thence 344'$~'32'1 4 distance of S4.42 feet: thence distance of SO.il feet; th,nc, $29046'39'¥ s dXetuce of tX.lO feet: thence SZSozz'IJ'v i d~ltlflc, of lOJ.OS r.et; t~emce distance'of IS.10 (eetj thence J2003i.43~t a dtituc, of the ~erthvelt cerner thereof, leid corner $~1o belnf the ~eet te the ~erth I/4 corner thereof; Lhence COntinuing the ~orth Line eg laid Section SS. run ~11'$1'$)'v e distance of ]~11.4S feet to the ~cthvelt corner thereof, leld corner ef ]~31.01 feet to the ~or~ I/I corner theresa; thence fflleSl*~O'V I distance o( 144l.S2 ~eet tO the POint Of ALSO A ~e~Cel ef lied. lying la etoreeeid StC~.IO~ 24. SOU~4, S.A)iGK 24 gAIT, CdlJier County. rlortde, being tore particularly described Il ~ollove: Co,lance it tnt ~ortheeft corner of laid Section S0001S'21'¥ o~ong the gilt Section Line thereof for s distance hereinafter described; thence H13eIZ'¢i'V i dJetsnce et rift: thence ~t1'21'32'¥ & dlltence e~ ~l.lt flit: thence $l$*0S°50'V c distinct of 10.It flit; thence dietihCl Or 10.41 feet; thence llteSI*J$oV i dleteflce er feet; thence $Seees'10eg I diltence er iS.S] feet: thence Sliel~'OJ'g S distance of ?l. JI feet; thence ~liel?.tZ.g i distsnce e~ $?.SI feet; thence #tJeZ?,JIog 4 dlltSncs of Il.id feet: thence MI4e21'$?eg I diltence of SI.TS feet: thence ALSO A ~e~cel ef lend, Iyln~ in Iforessld S£C'T]OK 24. TO~S~I~ SI sO~. ~Gt ~S gAiT, Collier County. rlor~d4, being lore Coliehcl it the ~ortbellt corner e( slid Section 24. t~ehce Beginning. ~L30 flog; thence Xl&e(l'iA'V ~or i dJJClflcl ef ]O.O0 talC: t~eflce SOt*~S'lS'V rot a distorter ef 3t).13 ~ee~; t~ence ~4'~O'O?*V for . dlltaAco of 400.00 Feet: ,oeo .e ~01'lS'l$'C for dlatanre of JOS.OI fast CO the Point Of CE~lnAInl. The ~orthiiat ~ufrtfr (MC I/(] or Lhl SOUthEaSt (SC I/q1 Or SC~TIOH lid TO~NSN~f SI SOUTH. A,~qG£ 2( CAST, Collier County, florSdf. The Southeast Quarter [&C I/4) or the Southeast QuErtEr rSC County, florida. ALSO Tho Vflt One*~alf (v I/l) or the ~orthaaft OuartEr (~ I/4} ~ so~, ~G[ 2( tAfT, Collier county, Florida. ALSO SECtiON ~4, ~O~JNZP SI SO~. ~G~ ~ EAST, Coll~et COUflt~. S[~ZON 14, TOWNShiP S1 SO~N, ~GE 2S EAST. Collier ~ouflty, Florida. ALSO ~e NotthVelt ~irtet r~ 1/41 o~ ~he ~outh~est Quarter fSv County, florida. ALSO Cou~ty, ALSO ALSO S~, ~g 2~ ~?, Collier County, Florida. ALSO ~4 Volt ~4-Xilf {V 1/2J o~ the Sovthel~t ~orter ifc l/al the Northealt ~arter (fig 1/4) or st~loH Is, ~x~f s~, ~g ZS rAfT, collier Cov~t~, Florida. ALSO ~a gift Ona*~61f C~ 1/2) of the Southwest ~tFteF ~Sv ~/4) the ~orthe~s~ ~orter {~ ~/4) of St~oN iS, ~sxX~ S~, ~g 2S gAIT, Cellist County, florida. Th~ Vile O~e-NII( Iv i/2) n( the Southveit Ouartef tbs ~ortheest quitter ¢,t ~/41 of S£C~ION 15. T0VNSNZ~ Si xll that pitt of SCC-FIO~S 1~ end 15, ?OV~S~Zr Si tO the ~orth ~nl o~ ~h. Sout~ 1/2 o~ the ~orC~vesc 1/4 o~ (weft thence S73*3S'4101 242.56 ~ee~; thence SA1034']4'~ 204.02 S~I~S?,3S-V 240.2G ~eet; thence S10~24'53'~ 221.~; thence SiS*J~'SS'~ 221.3~ reef; thence JI2'4~'33'C Z22.4~ rte~: thence the arc of i circu]ir curve conctve to the NO~thldJt, SE~:ON 14, ~oelJ'di'E ~lll.S$ ~eit~ thmflc~ Northerly, C~C~i~ C~FYI COACIVO tO t~l SOft'veIL. ~4V~ to the ~Z~ or IEGI~ el the pircel hotels described: All that part of $CC'rlON 14, TOV~SNIP 51 SOL~. J~J~ 2( £XST. collier County, Florida, belug eote'pdrticulerly describe~ ~ollovel JXttT g Of 11 ~ence continue SSleSt.$1.t · , feet: thence c]rcu]er curve COnCave to the $outheeet, hiving · rifle o! I~eJt°IS· end being eubtended by e chord which th.nc. ,,,.0, thence XlSe22'32-¥ lI~.~0 ~eet; t~encl NSlill.41-t 42.41 thence HAe~S.10-~ 23~.dl feet/ thence NSill.lt-~ IS0.G4 teeS] thence #15'12'$1'g 3lt.4! feet; thence Ntl~lt.lS-g 2S4.14 feet; thence N0e0J'0$'v 71.22 feet; thence NIC'II'~I'[ 1S.4S thence #ortheeeterXy 41.20 feet along the err of · clrcvllr chord which beerl ~IGeJi'33'~ 42.~ teeS] thence de,crlbed: beerInge Are bsee~ on florid· stet. rt·fl Coordinate ALSO LtI~ A,WO All th&i part OC $£C?~O~ ~4, TO~,'~S~I~ $1 SOUTh, KA~Ct 2~ gAS?, Collier County, Florida, being nora Particvl~rly described Co,love: CnleencJflg et the Northwest corner et Slid JEt. teK 14, thence to the North Line of the Zouth l/2 et the Northwest i/4 of SECTZO~ ~er thence ·long sold North Line, Jil*20'JO-[ lilt. es s~tihded b7 I chord which beirl N~aeiS.4S.[ 2~.03 flits l~gt? ? or Il II Ali t pert at ~£CTZOM Je. ?Ov~$~If $! SOVT)(. ~J~C[ ~4 SA3?. /ol3ovs: ....... O~ tee Northveit I/I of (eeC; thence leaving li~d ! , . offence $~3'~S'~°C I01~ 19 '~" _'~ ~ort~ Line ]t20.3J Chi percel herein dilcr~bed, thehce South 4Ji~$0~1.~ 1¢S 41 .' . .continue lion9 le~d SoUthllltltXy 11e t. .. ile~; thenCE ~lsvloe o · nencs 14?eel,0~.V 47,4l feet.')~ncE_~0e°$'S]'t 230t,08 4050.00 feet thro--~': -~; ~n~ southwest, hEVln, . ~a~?EntXal · -- ~t w El?.10 feet; thence eldc~rYi .~Ste$1'l°'v 112 S3 orther]y eno Horthealtirl- '?1 °' '~; thenCE ~orthveiterl redlul et $0,00 feet t~._~nCSVe to the ~ortheeet. hav~ a , -.vvgn i Clfltrl~ sn~]s of being lubtendld by & chord vhlch besr~ North 13eJl,l~.V feet/ thence ]eavi~9 leJd Cirri H3]*OI ti'[ t3.11 feet; thence circular Curve con:nye to the Sovthselt, hsvXn! a rEdlul 1t$0.00 feet, throvgh a central an l · - .n,J vJ uu'£ 477.1S feet. t~ .... v~ ~_& e71.22 feet; ....--, th, ,rc of. t,n.,n.:.~"';~;c,~Or'n,,,t.r~ the irc of & ta~eht~l~ Circular curve costive to Northve,t, h4vXfl2 I ~ldXuI Q~ ~0SO.O0 ~llC. tb~oueh a cehtre~ thence j&lo0~,.43.v 207,g; ~eet; thence j?eoOZ,31.v 171.~0 thlhci {ozeel*(O.C 4~.0S test; t~thce J(leS?'02'Z 14~.04 feet; feet; thence S?Tell,o~*t 212.i4 feet; clrcullr curve costive to '~ v. cn~ arc o~ I no~-tan eh ' ~tended bY 4 c~.j" ~?c~al ~ngle ef 2l,ll~' ;:;--~ · -- ,ee~ to a ~Xnt of cu~ature; i Irort .JY, ~ortherJy end WOrtheeete,. f.ll feet fling the EZ].~S ~est d~ong the e~c or & ten s chord ~hich beers He~e47.1~,.~l~s,efl? being subtended by e *-~ :ee~ to the ~OJ~T or r]orIds Stets fllne ¢Oord~nete Syete,, rloridl [~et tone; rlorfdl, beZfl9 ~oro PertIcularly described ds Commence it the ~orthceit corner o( fold Secedes ~l*S8'Sl'¥, elo~g the ~orth line o~ Isld lectlofl, o: 45].41 [ec~ to the ?ol~r~ Or I£Gi~n~Z~O o~ tho porte! dJltence ~orth lift, et slid Section, i deft&nco ef l,Z14.JJ (eec; thence leaving said Sectlo~ line, run JOIoOI'OS.w 4 distance o£ t71.51 feet; thence run SJJ*oo'lI-~ a distance. run ~$105t.31.~ 6 distance of m~ ,, ~r 154.52 reit, theAce T~et certeln PerceX o~ lend l¥1n~ In &nd belfl~ · Pert o~ Sections Z3 ·nd ]4, ?ovni~lp SI South, Rings 24 ~*st, Collier County, r~orid·, heXng nice Pirtlcul·rly described ia ~ollove: Coteenc· at tho ~ortheeit corner of laid Section ~3; thence rvn ~8'5f'$2"~, ·]sag the ~orth line o~ laid Section ]3. 6 dtetence of 1.S$5.13 ~eet; thinCl run S3~e4~,43.¥ · dlstdnce of 1,050.00 reit; thence run SS°*13'l?.[ s dXsCince o( SO.OO reeC described; thence continue J$0013'17,£ · ?04.(2 ~eet: thence run ~S0oSJ.~?.¥ · d{etence o~ 73~.75 tote; thence z~n continue s01'ol'ojov i distance of llJ.?S feet; thence Slie00'~L't · distance of 154.52 feat; thence j$loSj.3j.v engle 4f IS*O?'IZo' r a ~:~. sa~o.~rve through · central fo ....... .~e al JZ].Ii feet to the end of described c~rv4, ~or a dIltiflCE Of IO2.10 ~ia~, the·ce dJitin¢l Cf 10l,$$ (est; thence ~10'43'$$'t !!72 f~!~__t~.n¢. -,..'25-~ · dt,~ ...... - HoJe4i'24'w a dlltlnca of I]?.O(-e--~ .~4~.;7 feet: thence distanCE Of 135.05 /.it; thenc. Hi?'22'40'V a dLitinc, of HI0eBI'$3'~ · distance of 114.61 feet; th.ncc N?2'J?'iO-t d~stincs o( 130.$( feet; thence HI2'3?'O~,Z a d/stance o~ 151.24 fa.t; thence H??'4¢'12'C e disC,nc, o( 141.11 feet to CoMmence it the Northsilt boundEry corner of said Settle · ~hancs slang the fast boundary of said Jectloe 24 dints·ce of 4.47&.41 fsst to e point on said bo , feet; thence NI$'II'~;-~ .... '- - - G~stance o~ '° "· gla~anc4 of 1(4,23 feet' 5.2! faet~ thence NlJl(l.3~.~ a dl/tenca o~ HOI'I~'I?'~ a distance of ~t -- · Of lO~.tlfeet. thenc. ...... ; ~flEflce NiOe07, .¥ 4 ~ · oxirane, of lOS.J? feet. N]Jola'JJ't e dletihe* .~ ,, .. . f_ i0~.0~ feet/ then ...... gtlteflCe Of S4.42 flit; H63'31'S3'¥ ·, dlntahce If 44.~? (.,t; th.ncc ~ll'JJ'24.v ]lS.~f fa.t: thence ~40'21'(t-¥ · distance of SI.IS feet to the rozw~or ItGZl~ZXG ef the Parcel ef lind hete~a~t.r descrLbed; thence JS~o~2'~l'V 4 de.tent, of 73.73 feet; thence S2$'J~'JS.v e distance of. t$.53 la,t; thence PooeosoI$'[ i distance of 73.02 feet: th·ncn $15etj.jf.t · diatiqce Of 140.t7 feet: thence JlTOjZ~o?.g e didtance Of i~O.O( feet; the·ca s03e4~'25'¥ I dlate~ce of 141.33 fa·t; thence ·20'30'$J.V e liT.IS rosSI thence 101'el'll'¥ · disc·fica · . ~. L~ iV'V · distance Of l~Z ii # .... 0~1; tee~; thence feet; thence ....... ~; ~aeflc· $Ioess.Za-~ · dlatsAcn Of SJge]J'S('¥ n d~etincn of 10(.10 feet: thence Sol,12'0~.t a dXatan.:, of 153.5J feet; thence 131001.'~(.~ sxt~? ]0 or 11 C~I~¢ 0 i~,,.ht~¢l ll~e4 ,.~e~¢l ~l*,,,..ence HLl~Ot*..hlhCI --- to tho Less and except therafro= Pro · CD ~ County Co~=LssL° Ln O~tLcla! ~__ n~r. of Co ~f~.r~y COnveYed ~_ . Part~cu~..~. ~Ord~ BO0~ ,~:2'' ~ountv ~,- -v ~Oard o --u as ~O~o~x~- ~oz, as ~or~ '' recorded A!l that P~'t o~ ~oL]ove, - ~-z~ =ora ..... ~a~t, Co!!/.. ~on ~5, . ~o~rse, PXa* -''~' narco ~Y ~ost co .... ' ~a ~03, ?~.~o ~..t ~o~Vv. Sou~ .~,jr z~, ot - aerel~ de.__~a Point ~.. U~eea -I~ .... - ~e pa~e1 ' 'uY,79 ~ee~; SOu~ 89 thenoe leavln ~eet 15~.~- -g a/d Line SOUth O0 de~ees ~ence ~o=L~ 8~ degrees -07'-06 Weet 110,00 th~ce to ~e ~°~?-d'~tee" -1a-4~, Point ~. aegA~/n~' -- ~as: 147.96 ..... ' PAGE 1. Rc~:rvadons contained in Died dated M~ch 9, 1967, recorded in Ot'ficiaJ RecorUs ])~:~ok 234, Page 383, of' the Public Records or Collicr County, Florida. 2. R~t~rvaUons contained in Deed da~.d Ftbruzry 23, 1967, recorded in O£ficJaJ Records Book 2~4, Pa~¢ 869, of thc Public Records of Collier Count, Florida. 3. $cwer Agreemerlt date, d December 4, 1972, recorded In Of Hci~ Records Book 612. Page 918, of the Public Records of Coil/er County, Florida, b~twecn Rookery Utility Co. and C~'! II. On. ri. 4. Reservat/on con.ned in Deed dated lznu.try $, 1965, recorded in Official Book 183, pale 138, of the Public Records of Collicr County, Florida, $. Reservations con.ned tn Deed dated lanuaJ, y 5, 1965, recorded in Official Bc~k 185, Page 455, of thc Public Records of Collier County, Florida. 6. Re.~rv:,don$ contained in Deed dated ganumry 26, 1965, recorded in Officifl I)ook 185, Pzg¢ 466, of' the Public Records of Collier County, Florida. ?. Rtservations conta/ned in Decal dated October 20, 1964, recorded in Officim. l Recor..Is Book 178, l~,g¢ ,152, of the Public Records of ColUer County, Florida. 8. Depm'tment of Army Pern'dt issued under AppLier(on Number 98B--0683 having an effective da~e of September 29, 1983, and recorded in Offic/~ Records Book 136:,0. Page 1238, and recorded gep:tmber 24, 1991 in Official Record,t P-,<>ek 1650, p.~g: 160, of the Public Record~ of Collier County, Florida. Road Ea.~ment dated November 9, 1989, from The D¢Itona Corporat/on to City Nation:,) B. at,.k of Florida, as Trustee, recorded November '6, 1989 in Ot'flciaJ Records I)ook 148~., Page 1640, of the Public Records of Collier County, Florida. C3olf Course E,tsement Agreement ~ted )',rovember 9, 1989, from The Dehona Corporat/on to City Nationad Bank of Florida, a~ Trustee, recorded Novcmbcr 16, 1989 in Ofiic/al Rccord~ tk}ok 1484, Page 1668, of the Public Recordx of Collier County, Florida. G~nend Utility Ea~ment d:,t:d November 9, I989. from The Deltona Corporation to City National Bank of Florida,'m,.s Trustee, recorded November 16, 1989 in Officiz) Records Book I484, Page 1680, of thc Public Records of CoEier County, Florida. Pot~bI¢ Water ~-~ment dar. ed November 9, 1989, from The DeItona CotponUon to City Nat/onal tLtnk of Florida, as Trus:ee, recorded November 16, 1989 in Offici~ Records Book 1484, Page 169'7, of the Public Records of Collier County, Florida. Util)ty Ea..~ment dated November 9, 1989, from The DeItora Corpontion m City Nadonm.I l~tnk of Florida, as Trustee. recorded November 16, 1989 tn Official Records Book 1484, Page 1712, of the Public Records of Collier County, Florida. I0. Il. 12. 13, 4. E.,tt. cmenl A,gr~.,...nt date.4f November 9, 1~89, bcrwc, cr~ '~hc Dchon, Corpor~on, ~ci WHbur M. C~fls~sen, Ir. ~nd O~'y L. D~nc~, ~ Trus~cs of t~e W'MB.S&p Profit ghaH.qg PI~ a~t Trust, recorded November 16, 1989 in OfiSciaJ R~ords Book 1484, P~ge 1612, oF ~e ~blic R~rds of Collier Count, ~odd~. 15. Hotel Res~c~on Agr~mcn~ dat~ November 9, 1989, ~tw~n ~e Dehona Co~on ~d Ci~ Na~on~ ~k or HoHda, as Tms~, r~rd~ Novcm~r 16. 1989 in O/Hci~ R~rds ~k 1484, Pag: 172~, County, ~oH~. 16, D~l~on of Assu~ dat~ November 9, ~9~9, betw~n ~e Dehona Co~0on ~d CI~ Na~on~ ~k of ~oHda, as T~s~, r~rd~ Novcm~r 16, 1~89 tn OfHci~ R~rds ~k 1~84, Page 1746, of ~e ~blic R~rds of Collier Count, HoHda. 17. Memo~dum of Agr~ment dat~ Novem~r 9, I~89, ~n ~e Delmna Co~on ~d Ci~ Na~onfl ~k of ~odda, as T~st~, r~ord~ Novcm~r 16, I~8~ in OfHci~ R~rds ~k I~84, Page lg30, of ~e ~blic R~rds of Collier County, 18. M~mo~dum of Ag~men~ dat~ Novemb~ 9, 1989, b¢~ ~¢ Deho~ Co~on ~d Ci~ Na~on~ ~k of ~oH~, ~ T~st~, r~rd~ Novem~r 16, 1~8~ tn O[fici~ R~rds ~k 1484, Page 1851, of ~e ~blic R~rds of Collier Count, HoH~. 19. Road ~ment ~t~ D~r 12, 1989, from $ch~I ~d of CoR~ ~un~, r~rd~ D~mber 29, I~89 ~ OfHci~ R~ords ~k 14~5, Pago 37~, of ~e Public R~rds or CoR~er Count, ~oHda; ~oge~r w~ · at ~n S~c~men~ Agr~m~ by ~d be~n ~e Sch~l ~d of CoI~ I989, which agr~m~t, ~ong o~er m~t~, ~n~ns r~uiremen~ for ~e f~g of ~e ~t~emc~t as HI~ in ~e Of H~ of ~e Clerk of ~e Circuit Court for Co~ier Count, und~ Cag No. 88-0181-CA~1 for ~e 20~ Judici~ Ci~uh in ~d for Co~ier Count. 20. D~nage ~m~t Ag~m~t ~e Ar~) Ci~ Na~on~ ~ of ~oH~, ~ Tms~, &~ Augus~ l, I~, r~rd~ ~I, 1~0 ~n OfHci~ R~rds ~k 1557, Page 2245, of ~e ~blic R~rds of CoHie~ Count, ~oHda. 21. D~age ~tment Agr~m~t ~ly ~t-W~ Ink.tot Ditch) ~n Deltona Co~6on ~d Ci~ Nl~on~ ~k of ~odda, ~ Tms~, ~ August l, I~0, r~rd~ S~m~r 11, I~ in OfHci~ R~rds ~k 1557, Page 2261, of ~e Public R~rds of Co~ Count, HoH~. 22. D~nage ~m~ Agr~men~ ~rly E-W be~n ~e D~o~ ~on ~d City Na~on~ ~k of ~oHda, ~ T~s~, da~ August I, l~, r~rd~ ~em~r Il, l~ ~ OfHci~ R~rds ~k 1557. Page 2276, of ~e ~bUc R~s of Collier Count, 23. D~nage ~m~t Ag~m~ ~o~-5ou~ Off-Si~ Convey~y) bctw~n ~e DeI~na Co~don ~d ~ Na~o~ ~k of ~oHda. ~ Tmst~, dat~ Augus~ I. 1~, r~ord~ S~m~ l 1, l~ in OrHci~ R~rds ~k 1557, Page 2291, of the ~blic R~rds of Co. er Count, ~oHda. 24. Dr~tlna&c F. zscmcnt Agreement (Control V/cir) betwe, cn Thc Dcl~ona Co~on S~m~r 11, 1~ ~ Offici~ R~rds ~k 1557, Page 23~. of ~c ~blic R~ords of Collier Count, 25. D~na~e ~menl A~r~ment (S~ons 14 ~d 15) ~tw~n ~c DcI~ona Co,ration ~d City Na~on~ ~k of ~o~. ~ T~st~. dat~ Augus~ I. ~. September ~I. I~ in OfRd~ R~rds ~ 1557. Page 2321. of the ~bHc R~ords of Collier Count. ~o~. 26. ~' Road~y ~mcnt from ~c ~]to~a Co~m6on ~o ~e Public. da~ Augus~ l. ~. r~rd~ Scp~m~r I 1. ~ in OfRci~ R~ords ~k 155T. Page 2335. of ~hc ~b[ic R~rds of Collier County. ~o~. 2T. ~c Sh~nl C~t ~ ~c Dcl~na ~on ~d Ci~ Na~on~ ~o~. ~ T~s~. ~'~ Nov~ 9. 1989. r~rd~ N~cmbcr 16. 198g OfF~ R~rds ~k I~M. ~c 1~. of ~e ~bUc R~rds of CoUicr County. 28. No~ of Ad~on of ~dopm~t ~dcr for Udt 30. Isle Of ~p~ Co~mctc~ Key M~ ~on's Is~ ~d ~ of ~ Shor~ PI~ U~t ~clopmcn~ ~ In S~ons 11. 14.22.23.24 ~d 33. To,ship 5~ Sou~. ~c 26 ~nd S~s 14. 1S. 21. ~. 23.27 and 28. To,ship 52 Sou~. ~ge 26. Co[Iier Count. ~oH~. ~ by ~ ~ W~q~ub. ~q. s~ ~vcI~m~: Order r~rd~ in Offi~ ~rds ~k 1505. Page 1~8. ~d Am~dm~t in R~lu~on 89-149 r~rd~ ~ Offic~ R~rds ~k 1505. Page 1783. ~d Rc~lu~on 85-I17 ~rJd h Of~cig ~rds ~k 1505. Pate 2~0. 'sh~l not ~ns~p~ a U~. cloud, or ~mb~ on ~y r~ pro~. or ac~J or ~ns~cdvc nofl~ ~f ~qy of ~c ~c'; r~rd~ ~ 21. 1~ in Of~ci~ R~ords ~k 1514. Page ~46. ~ of ~g ~bI~c R~rds of CoHi~ ~un~. 29. ~.~t Of A Non-~cludve ~mt from ~e ~I~ ~m~on m Ronda ~ ~ght Comply. ~ Ap~ 2. 1~I. ~rd~ ~y 14. I~l in OfBc[~ Rc~rds ~k 1615. Page 1283. of ~ ~bUc P.~rds of CoUi~ C~n~. ~o~. 30. ~m~t Ag~mcnt from ~c Dd:ona Court,on in favor of Collier County. dat~ ~ 19. 1~!. r~rd~ ~ OfRc~ R~r~s ~k I~9. Page 1637. of~¢ ~blic R~rds of ~cr Count. ~o~da. wMch ~m~t is for cx~on Hghu ~ur~ for ~e .~dtr~ni of S~ R~d No. 951 ~ a pr~ ~ 1~ in a 31. D~ of U~ ~m~t from ~c Dd~ ~on ~ Dd~ U~[~. Inc.. ~ Ap~ 2. l~I. ud ~d Iunc 24. i~i. in Of~ R~r~s ~k 1626. Page ~457. of ~e ~bUc R~s of Collier ~nV. ~o~. 32. M~nt~ Agr~m~t for ~b~t ~d S~c Slo~ ~u ~ favor of Collier Count. by Ci~ Na~o~ ~k of ~oH~. u T~s~. ~ Novcm~ 13. 1~. r~rd~ N~cm~ 16. 1~ ~ Of~c~ R~rds ~k 15~. Page 2245. of ~bllc R~s of ~ ~n~. ~oHda. which agorot ~ for ~c pu~ of pm~din~ for ~e Dcvdo~'s ~n~ of ~ ~Hslon imp~vcm~u ~n~ ~ ~ Sho~ Ugt 30 Golf C~ p~t. ~rd~ in Plat ~k Pale 98. of ~e ~bUc R~s of Collier Count. ~o~. 33. ~at ~n u~rd~ 'op6on aircraft' betw~ ~c Na6on~ T~st Comply. as T~st~ under ~d T~st ~524~. ~d Alfr~ A. ~eEctt. u T~s~. for ~llcrs. 34. 35. 36. 37. 38. 41. 42. OR BOOK PAGE 40. FcbruLry 15, 1982, whereby the Nadonal Trust Company, as Trustee, assigned its interc, st in the contract to DMC, Inc. by agreement of assignment 4zeal February 25, 1982, wi~ DLIC, Inc. assignin~ t[.I interest in the conU'~ct to The Deltona Corporation by assignment dated M~'ch 31, 1982. Sdd 'option agr~ment' bein~ ~, identified ~s ExAiblt 'F.' lo the S~les Contract bearing the date of Febru~T 15, 198 betw~n The National 'Trust Company, as Trust~, and Barnett Bank's Trust Company, N.A., as Trustee, et al., for the purchase: of lands lyin~ in portions of Sections 14 and 15, of Township 5! South, P.~nge 26 East, Collier County, Florida. That certain unrecorded Settlement Agreement by and between The Deltonz Corporation, the S~ate of Florida, Collier Count, and c~r,.zin other in~rv~nors, dz~ Suly 20, 1982, which agreement, among other matters, ~ranted ceru. in development and vested righU for the M~co Shores Unit 30 community and surrounding ~c.as in Collier County, Florida. That ccruln Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 8441 (84-42) on Jun..' 12, 1984, as amended by Ordinance Nos. 88-48 and 89-34 as issued on May 24, 1988 and $une 13, 1989, respectively, Collier County, Florida. That certain Development Order (D.O.) issued by Collier County under Ordinance No. 84-3 on Sune 12, 1984, as a~nended by Ordinance Nos. 88-117 and 89-149 as issued on May 24, 1988 and .tune 13, 1989, respectively, Collier County, Florida. Covenants, conditions, restrictions, casements, terms and other provisions as shown on the recorded Plat of MAP. CO SHOR..~ UNIT 30 GOLF COLrRSE, as recorded in Plat Book 17, Page 98, cf the PUbUc Records of ColLier County, Florida. Absolute Assignment of Lt-~_'-,'4 and Rents, d~ted Octcber 1 I, 1991, From The Deltona CozT, Onldon, et al., to Col2ier Associates, L~d., a Flork~. Limited pa. nnership, recorded October 17, 1991 in Official Records Book 1656, Page 185, of the Public Records of Collier County, Florida. Assi~nment of Dm, elopor's Rlihts, dated October 11, I~91, from The Dclmna Co.radon, c~ ~.. ~ Co~ As~, ~., a ~od~ ~mi~ p~ership, r~rd~ ~tob~ 17, I~1 ~ Offici~ R~rds ~k 1656, Page 201, of ~e ~blic R~rds of Co~ Count, ~od~. Absolute Assignment of Plat Rights, dated October 11, 1991, from The Deltona Corpo:-idon, et al., Io Collier Associates, L~.. a Florida llmi~l pznnership, recorded October 17, 1991 in Official Records Book 1656, Page 218, of ~e Public R~cords of Collier County. Flori~,. Certificate recorded on April 16, 1992 in Official Records Book 1706, Page 852, of the Public Records of CoLlier County, Florida. Any other matters recorded in the Public Records of Collier County. Florida affecting the Property. I · ~Ople~ re. G, ,to~ o~ J: d8 ~ ' ten KIo I ~ss~ ....... ~o~, o~ct o~,ZZ' ~ ~oa~ co~7~'..~o~. I ~°~er t~e~, ~grante~ ~ .... --'~t~and- ,. I lO ~.. ' JOtlo~t ~. ~ ~.rgotned an~ . ~ota ~ told ~- * ~te 00~ ~ o - ~ o~ng In 13- ~ -~ ~rantee ,, $ . ~1 tx ~ere~ onset, ~tote o~1 : Printed $~ ,. fl7'.4.,~ OF CO : COUNTy Oi=°~M~EL~TCb~ . Mo' ' I3e /oregoing In. rs . "' " 'ne Kloff Pattero. ~'~o ~t~,~°~'edte~ ~ "nerd~erl,B_ ~Oremet~ [~ W~ "Cede ~ Id~~ d~ of Ma~e~ Sl'n. ot portlon of the S°uth./mi/o/the Sou 951, Section gUbJea to restH~o , a~ IUbXequent yea~ r~e~tl°~ and e~ementx o/record-_. ', ~olllee ~ ~olio ~U~er. ~74--- ~3. 7'~ the Granto- - · t~e In/er tlma. - ta~l c,'at~ . ' aoet here~ n.,, "wte f°e~e~. -- Of all ~er~~ -~ ~uy ~rr~n, .~ I~ ~ ',~O~r' tO ~e ~ ~ "~ t Inc.. a C~nne .Jo · i EXHIBIT 2F List of abutting and other property owners within 250 feet of proposed vacation. * City National Bank, as Trustee 25 West Flagler Street Miami, FL 33130 Parcel Z, Ira. 1285 Avenue of the Americas New York, NY 10019 Pelican Lake Limited Parmership 2330 West Joppe Road, Suite 210 LuthervilIe, MD 21093 United Ventures Limited Partnership 1672 River Road Maumee, OI-I 43537-3500 Board of County Commissioners Collier County Water-Sewer District 3301 E. Tamiami Trail Naples, FL 34112 EXHIBIT 2F List of abutting and other property owners within 250 feet of proposed vacation. City National Bank, as Trustee 25 West Flagler Street Miami, FL 33130 Parcel Z, Inc. 1285 Avenue of the Americas New York, NY 10019 Pelican Lake Limited Partnership 2330 West Joppe Road, Suite 210 Lutherville, MD 21093 Board of County Commissioners Collier County Water-Sewer District 3301 E. Tamiami Trail Naples, FL 34112 J~ C~ ~ .... ~.~2:' m m~ I~1 '- I k' ~ '~*"" ~"~'~"/' ~ ~ ' I'[' ~=. .... -' DI ~ ~/ ~m~ - / " ;: _-. :..: - f_~ f~ 0° ~.j .,-11.,--. A,,,~ 0 ~ ;2.':7 t' J?& ..... k + DO NO'I'Dt-i~C H H O' Z.J3 ~" . 1'"3 ~' I Z" ZO ' ; 'Ii' , ~Z , ~Z HDV. Lq(] J. ON OO "~, 'll,~,~j .... '~..~,...;,,. ~ BOARD OF COUNTY COMMISSIONERS COLUER COUNT~ NAPLES, FLORIDA 339~2 RECEIVED FROM 95! l,e,-.d ~old*.={-~ J.¥. ADDRESS 40,';'. ?amtamt Trail l/CiTY NaDles DATE 7/8 .1997 CHECK NO. 0006253__ DESCRIPTION [.'ET[TIO!~ &¥ g7-013 INVOICE NO. I I I I I I I I I ~'.~'J U .q ~;:,.:,i CUSTOMER COPY , )O.Oi Form 7 - Rev. 4/25/89 (Utility Easement Utilities Acceptance - Doc T~S T.A.SEXX~L', granted this ~.?~ day ~ ~, P~L Z, l~C., d~/a ~51 ~D NO~GS ~O~ ~, Grantor, c~ CO~ZS~o~ oY Co~ ~, F~, ~ ~ ~c ~DY OF VI~SS~: ~a~ ~e Gr~toc for a~ ~cone~4eration ot ~ I~ of Ten ~llars ($~0.00) and o~er valu~le consideration paid by ~e G~ee, receipt of~l~ ~s her~y ac~ledqed, her~y conveys, ~, sells ~to ~e Grantee, its successors ~d assize, a ~etual, n6nexclusive us~t, lite,o, a~ privile~e to enter upon and to Install mhd ~ntain vater and sever utility facilit~es, on ~e following descried ~ands located in Collier Co~ty, Florida, ~o ~ik~ (See Z~blt 'A' arrayed hereto and ~nco~orated By reference herein.) ~ ~ ~D ~ HO~ ~& ~ ~2o ~e Grantee and i~e assl~, t~e~er vl~ ~e rl~t tc enter ~on amid la~, excavate, and take p~ose of const~cting, ~erat~g, a~ maintainlnq utility ~facllit~ee ~ereon. Gr~ox and Grmntee are ~ed fo~ sine,ar or pl~il, as ~e conC~ re~lr~. I IN ~SS ~OF, ~e Gr~tor has caused :base preseats ~o ~e exerted date ~d year f~r~2 above ~itten. Signed, sealed and delivered in ~he presence of: Print ~dane: '' "' ' 'l STATE OF FLOP. IDA COUNTy OF COIJ.~ER GULF BAY 100, LTD., · FlOrida Limited Par~.ership, By ~S General Partner: GULF BAy 100, INC., a Florida corporatLon PARCEL Z, Inc., , Florida Co~ra~Aon The foregoing.!nstr%U~ent .vas acknovledqed before me t. hie ~ da]~ of June, 19~7, by / · , '~-- . ''' .................. [_.'.' .... : I ........... - ..... ..-. ~...__,.: . -.____-;.-.__- ......... . · . '- of GUL~ ~AY 100~ INC., aS ~ener~l Partner of Gulf Bay 100, Ltd., ~n b~hal£ of ~e co~ra~on. H~ ~s ~lly ~ ~o ~e and d~d ~ oa~ ...... ~A~ OF ~ YO~ ~ OF ~ YO~ co~ra=~. He Is pe~o~lly ~ to B~ ~ dXd no~ tike ~ ~ ~ c~asion No. GRanTOR t j . GULF ~AY 100, INC., a Florida ~" -- ,' / corporation ~rint Name': -'. '~,' By: ParkJ_~oo~ward, STATE OF FLORIDA C~TY OF CO~IZR ' The foregoing instr=ment wa, ackn~le~=ed before me thi ? day ~, 19~7, by ~ J. W~DWA~, Vice President of Gu:r BAYSl~ ~NC., behalf o~ the cot~rati~. ~e la personally ~ to me an~ ~i not an ~th. Preserv~g ~*nd en,'~nc~ng Florida's qu~flry of I~fe s,n~e t~ HOLE. MOffTE$ & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT # 93.132 REF. DWG. B-2097 JULY 2, 1997 PAGE 1 OF 4 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHV~q~ST CORNER OF THE NORTHEAST C~UARTER OF SECTION 15. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°18'41- E., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1395.26 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE RUN S. 89'13'35' E., ALONG THE NORTH LINE OF THE SOUTH ONE t~,LF (DF THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 145.59 FEET; THENCE RUN S. 00'46'25' W. FOR A DISTANCE OF 50.00 FEET TO THE POINT OF ~EGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 89'13'35' E. FOR A DISTANCE OF 57.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'!8', SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S. 82'11'26' E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S. 75'09'17' E. FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF TANGENTIAl- CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET THROUGH A CENTRAL ANGLE OF 32'51'09', SUBTENDED BY A CHORD OF 67.02 FEET AT A BEARING OF S. 58'43'43' E. FOR A DISTANCE OF 67.95 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 192.00 FEET THROUGH A CENTRAL ANGLE OF 46'55'27', SUBTENDED BY A CHORD OF 152.89 FEET AT A BEARING OF S. 65'45'52' E., FOR A DISTANCE OF 157.24 FEET TO THE END OF SAID CURVE; THENCE RUN S. 89'13'35' E. FOR A DISTANCE OF 92.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 117.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 61.52 FEET AT A BEARING OF N. 75'31'50' E., FOR A DISTANCE OF 62.25 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.58 FEET AT A BEARING OF N. 75'31'50' E., FOR A DISTANCE OF 53.21 FEET TO THE END OF SAID CURVE; THENCE RUN S. 89'13'35' E. FOR A DISTANCE OF 2057.19 FEET; THENCE RUN S. 88'20'44' E. FOR A DISTANCE OF 119.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 550.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.99 FEET AT A BEARING OF S. 65'47'13' E.. FOR A DISTANCE OF 433.0c~ FEET TO THE END OF SAID CURVE; THENCE RUN S. 43'13'43' E. FOR A DISTANCE OF 242.16 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENC, E RUN SOUTHEASTE[~[~Y_ ...... I HMA PROJECT # 93,132 REF. DWG. B-2097 JULY 2, 1997 PAGE 2 OF 4 ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 1050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'30", SUBTENDED BY A CHORD OF 253.35 FEET AT A BEARING OF S. 50'09"28' E., FOR A DISTANCE OF 253.97 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'05'13' E. FOR A DISTANCE OF 28.73 FEET TO A POINT ON THE SOUTHERLY 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 PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BOULEVARD, AS THE SAME ARE SHOWN ON SAiD MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S. 57'05'13' E. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWESTERLY; THENCE RUN SOUTH-EASTERLY. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3950.00 FEET THROUGH A CENTRAL ANGLE OF 12'1Z13', SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF S. 50'59'07' E., FOR A DISTAHCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S. 44'53'00' E. FOR A DISTANCE OF 351.91 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAl. ANGLE OF 90'00'00'. SUBTENDED BY A CHORD OF 70.71 FEET AT A BF-~RING OF S. 00'07'00' W.. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S. 45'07'00' W. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'1Z'. SUBTENDED BY A CHORD OF 502.74 FEET AT BEARING OF S. 38°04~4' W.. FOR A DISTANCE 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S. 31'01'48' W. FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BOULEVARD, RUN S. 58'58'12' E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE; THENCE CONTINUE S. 58'58'12' E. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWES~LY;.THENCE RUN SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF MARRIOTT CLUB DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 08°44'55', SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S. 54'35'45' E. FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; THENCE RUN S. 50°13'17- E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, FOR A DISTANCE OF 800.51 FEET TO THE MOST SOUTHERLY CORNER OF MARRIOTT CLUB DRIVE RIGHT-OF-WAY; THENCE DEPAR3~ING SAID RIGHT-OF-WAY OF HMA PROJECT # 93.132 REF. DWG. B-2097 JULY 2, 1997 PAGE 3 OF 4 MARRIOTT CLUB DRIVE, RUN S. 39'46'43' W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN N. 50'13'17' W. FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N. 54'35'45' W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N. 58'58'12' W. FOR A DISTANCE OF 1052.53 FEET; THENCE RUN N. 31'01'48' E. FOR A DISTANCE OF 243.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHE&STERLY ALONG THE ARC OF SAiD CURVE TO THE RIGHT, HAVING A RADIUS OF 20~0.00 FEET THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 505.19 FEET AT A B-FARING OF N. 38'04~4' E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N. 45'07'00' E. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N. 00'0T00' E.. FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N. 44'53'00' W. FOR A DISTANCE OF 351.91 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3940.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13'. SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N. 50'59'07' W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'05'13' W. FOR A DISTANCE OF 593.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1060.00 FEET, THROUGH A CENTRAL ANGLE OF 13°51"30'. SUBTENDED BY A CHORD OF 255.76 FEET AT A BEARING OF N. 50'09'28' W. FOR A DISTANCE OF 256.39 FEET TO THE END OF SAID CURVE; THENCE RUN N. 43'13'43' W. FOR A DISTANCE OF 242.17 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 414.32 FEET AT A BEARING OF N. 65'47'13' W., FOR A DISTANCE OF 425.22 FEET TO THE END OF SAID CURVE; THENCE RUN N. 88°20'44- W. FOR A DISTANCE OF 119.82 FEET; THENCE RUN N. 89' 13'35' W. FOR A DI STANCE OF 2057.19 FEET TO THE BEG INNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 30'2~10', SUBTENDED BY A CHORD OF 47.32 FEET AT A BEARING OF S. 75'31'50' W. FOR A DISTANCE OF 47.89 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 30°29'10', SUBTENDED BY A CHORD OF 66.78 FEET AT A BEARING OF S. 75'31'50' W. FOR A DISTANCE OF 67.57 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89'13'35' W. FOR A DISTANCE OF 92.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,~AVING A RADIUS OF 202.00 FEET, THROUGH A CENTRAL ANGLE OF 46'55~7', SUBTENDED BY A CHORD OF 160.85 FEET AT A BEARING OF N. 65'45'52' W. FOR A DIS1ANCE OF 165.43 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE NORTH~_~.T.E..RL_Y..A.L..O. NG THE ARC t ..... L l_ ..... HMA PROJECT # 93.132 REF. DWG. B-2097 JULY 2, 1997 PAGE 4 OF 4 OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 32'51'09', SUBTENDED BY A CHORD OF 61.36 FEET AT A BEARING OF N. 58'43'43' W. FOR A DISTANCE OF 62.21 FEET TO THE END OF SAID CURVE; THENCE RUN N. 75'09'17' W. FOR A DISTAN.CE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL ClRCUI,a~ CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N. 82°11~6' W. FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89°1335' W. FOR A DISTANCE OF 57.11 FEET; THENCE RUN N. C~0°19'00' E. FOR A DISTANCE OF 10.00 FEET TO THE POINT OF ~; CONTAINING 2.037 ACRES, MORE OR SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 'EAST, COLLIER COUNTY, FLORIDA AS BEING N. 00'18'41' E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. t~5828 STATE OF FLORIDA ~ J. Wooc~,~d. Wcx'dwe~, PkM & L~mbe.~o, P.A. Forl · - Xe. 4/21/1! futilities Facilities Subordination Consent and ~o~der) U~lllc~e~ 7~ccep~ance Doc t320 ~ ~ INC., a ~ev ~ork co~orat~on, No.gage ~d ~e~r~ty ~ent ~ ~avor of T~ ~erL~ Inc., ~ecor~ O.X. ~k 2154, page 350; ~t~e ~anca ~Mo~gage H~lficatioh A~e~= reco~ ~ O.R. ~k 2247, ~ga 1316; ~sl~ent of ~ts a~ ra~ed ~ O.R. ~k 2247, page l~5&~ and UCC-1 FA~lng s~t~en~ recorded in O.R. B~k 2247, page 13~0, all of ~e ~llc Xecor~ o~.~llLer 71orida (here~r rafe~ to as ~o~gagen), en~rxng ~e legally descried ~arein Chereinafter refaced to as ~e ~nc~red ~e ~er~ Pro~ and across a po~on of ~e pru~s ~oTa~l~ descend ~ ~ wan at. chad hereto ~ L~co~raked herl~ ~ v[~ui of ~is re~er~ce, ~/ch p~en~ses ire hereafter I~rdina~e its 'X~ga~e' ~o ~e lnteres= ~a= Co~=y has A~ ~ Ea~mnC ~ope~y to ~ich re~es~ Xo~lgee ha~ a~eed. : ~, ~~, ~ co~idera~Aon o~ ~ ~ ($10.00) and Jo~ar aha vll~ble considera~ioa, ~e recoip~ of vhA~ is her~M ac~ledged, ~o~agee d~s her~ ~ns~ ~, ~oin ~ ~ ~AmaCe ~e lien of '~o~a~t~ ~ ~e grant of ~ ce~ain eat~en~ described herein under, and across ~e h~nt~y a~y ~nteruC o~e County ~n any utility facilities l~t~ ~ere~ or affixed ~ereto. ~cept u s~inat~ to ~e Mi~ent dascr~ herein ~er, ~er, and a~s ~e ZX ~SS ~OF, ~ ~aqee ha~ ca.ed ~ele pres~ to be exe~ted ~e date ~ year f~rst a~e ~n th~ presence Print ]Iaaa: ~; ;~'. ', a Xev York corporation I Title: 1,.,-~ ~:)"/L;.,~ I -'- I · %: (SF~L) H~ PROJEGT ~ 93.132 ~ ~ ~ ~Y2.1~7 PAGE 1 ~ 4 LE~ A P~C~ ~ L~TED ~ ~C~S 14 ~ F~: 6ECT~H 15, T~P SI 6~ ~E ~ ~T, C~ER C~, T~ ~ ~. ~' W. F~ A ~ ~ ~.~ F~ET TO FOR A DIST~ ~ 57.~9 F~ TO ~ BEGginG ~ A T~ CIRC~ C~. ~ ~y; T.~E ~ ~y, ~ ~E ~C ~ ~ID ~. ~2'11~' E., FOR A D~ST~E OF ~.3~ FE~ TO ~E T~G~ C~C~ ~ G~ ~~y; ~E~E R~ ~~Y ~ ~ ~C ~ ~D ~ TO OF 118.~ FE~ ~ A C~ ~G~ ~ ~51~, 6~TE~ED DY A C~RD CE~ ~ OF ~'55~, ~D ~ A C~RD OF 152.~g FEET AT A B~]~ ~ ~. ~5'45~ ~. F~ A D~ ~ ~57~4 FEET TO ~E E~ ~ ~D C~ ~E ~ ~. ~g'13~' E. F~ A ~ ~ ~.~ FE~ TO ~E BEG~ ~ A T~E~ C~ ~ C~ ~S~Y; ~E ~ ~~Y~ ~ ~C · ~O ~ A C~ ~ ~I.52 ~ AT A ~t~ ~ N. 75~1~ ~. F~ A ~~Y~ ~ ~ ~TO~ ~, ~A~ ~E R~ ~~Y ~ ~ ~ ~ ~ C~ TO ~ ~G~. S~D ~ A ~ ~ 421.~ FE~ AT A ~l~ D~T~CE ~ 433.~ FE~ TO ~E ~ ~ ~ C~; ~NCE ~. 43'13'43' E. FO~ A DI~T~CE ~ 24ZI~ FEET TO CIRC~ C~, CON~ ~RT~ST~Y; ~?ICE , e S ,...7 -*IF HMA PROJECT # 93.132 REF. DWG. 8-2097 JULY 2. 1997 PAGE 2 OF 4 ALONG THE AEC OF ~zdO CUI~VE TO THI[ LEFT. HAVING A RADIUS OF 1050.00 FEET. THROUGH A C~J~ITRAL ANGLE OF 13'51'30', $1,.~'TENDE..O BY A CHORD OF 25325 FEET AT A BEAPJNQ OF a. ~og~r F_. FC~ A DISTANCE OF 253.g7 FEEt TO THE ENOOF SAgO ~ THENCE R1JN ~ 67~!3P F- FOR A DI~T~ OF 2a. T3 FEET TO A POINT SHORF~ UI~F 30 GOLF COU~S~ ~ TO TH~ P~AT THEREOF, RECORDED ~ F~AT BOOK 17 AT PAGES g~ THROUGH I O3,-OF TH~ PU~JC RF-CORD$ OF COt£~ COUNTY. FLO~IL%~ THENCE COf~TINUE ALOF~ THE RIGHT~F-WAy UNE$ C)~ S~D ~ SHORES UNIT ~ G~ ~, F~ ~ F~ 7 C~ES: 2. T~ ~ ~Y.~ T~ ~C ~ ~ ~ TO ~ ~G~, OIST~E OF ~ 1 ~2 F~ TO ~ ~ ~ ~ ~ 3. ~ ~ ~. ~'5~ [ F~ X ~ ~ 351.~1 F~ TO ~ ~G~ ~ A T~ ClR~ ~ ~ ~Y; 4. ~ ~ ~Y~ ~ ~ ~ ~ ~ TO ~ ~. ~ A C~ ~ 70.71 ~ AT A ~ ~ S. ~ W. F~ A TO ~ ~ ~ ~ID C~ 5. ~E~E ~ S. 45'0~ W. F~ A DI~ ~ 142.01 ~ TO ~ BEG~ ~ A T~ ClR~ C~ ~ ~~Y; 6. ~ ~ ~~Y,~ ~ ~C ~ ~D ~ TO ~ ~. Z. ~ ~ S. 31~1'4r w. F~ A ~ ~ 243,18 ~ ~ ~ ~Y ~.WAY ~ ~ ~Y ~-WAY ~ ~ ~ ~ ~ ~ TO ~G~ A T~ ~~ ~ ~Y; ~ ~ ~I~Y ~ ~ ~Y F~ A DI~E ~ ~.13 F~TO~ ~ ~ ~ ~~ ~ F~ A ~ST~ ~ ~1 FE~ TO ~ MOST ~Y ~ CL~ ~ RIP.F-WAY; ~E ~1~ ~~-~Y ~ PROJECT II 93.132 RE~. DWG. D-~Og7 JULY 2, 1 PAGE $ C~ 4 MARPJOTT CLU13 D~l~m.~ ~ $. 39'4~'43' W. FOR A DISTAHCE C~ 10.00 FEET; Ti'~NCE RUN N. 50'13'17" W. FO~ A DISTANCE OF ~0.51 FEET TO THE BEGIt2~NG 0~' A T~GF.~I~,L ClRCU~ CURVF~ CONCAVE SC~[I~VE$~Y; THE~C3E R~JN NORTHWESTERly, ALONG 'il-rE A,~C O~ ~AJO GU~v'F. TO THE LEF'T, H~V',NG A P. AOII.~ OF' ~01 °02 FEET AT A ~ OF N. 54'35'45' W.. FOR A DISTANC~ O~ 001.ai FEET TO THE EFO OF S/d1~ GIJRVE; T1-E. NCE[ ~ N. ,~'~.~'12' W. FOR A DISTANC~ OF 1052.53 FEET; THF. NCE RUN N. $1'01'4~' E. ~ A DI3TANCE OF 243.11 FEET TO THE BEGINNING OF A TANGENTI,~ GIRCI. R..~R GUF<V~ GOt~'.~.VE THENCE RUN t~Y ALOe~ Ti~ AFtC OF &~O CURVI~ TO TH/RIGHT. SI.~'TENDED By A ~ OF 505.11 FEET AT A ~.AP.,~'~ OF' N. 3r04'24' E-. FC~ A DISTANCE Cke 50~.47 FEET TO T~E FJ~C) OF SA~ CURVE; THENCE RUN FOR A DIST~-,E OF 142,el FEET TO THE I~E~ OF A TA,~GENTI.~. Cg~CIJt~ CURVE TO THE LF~T, ~VlNG A ~AD~ OF ~.00 FEET, THROUGH A CENTi~ OF gi~0O~X~, 8UBTENOED BY A C~C)RD OF 5~-~7 FEET AT A 8EJd~JNG OF FL OO~TG~ E.. FOR A DISTANCE OF e~l~3 FEET TO THE ENQ OF SAJ~ C~1~/~ THENCE RUN N. 44'53~ W. FOR A DfSTAHC~ OF 351.91 FEET TO TH~ BEGINNING OF A TANGENTtA~ C~C~J~ CURVE, CONCAVE ~X~ESTE/~Y; THE~C~ RUN NORTHW~Sl~J~Y A[C~G THE AFtC OF SAJO ~ TO TH~ LEFT. HAVING A RADIU~ O~ 3940.00 FEET. THROUGH A CENTRAL ANGLE OF 1~IZ1 :~. ~tJ~T~NDED BY A CHORD GF a37.~I FEET AT A BEARING OF ~L s~sg~ W., FGR A D~STAttCE OF ~3g.lg FEET TO THE ENO OF 8AK) CURVE; THENC~ R1JN ~ $~0~'1~ W. FOR A DISTANCG OF $g3~2 FEET TO THG 13EGGNOG OF A T~K~ENI~L C~CU~AR CU~V~ CONCAVE NORTHEASTERLY: THi~NC~ RUN ttC)RTHWF~Y ALONG TH~ ARC OF ~AJD CURV~ TO T~E PJGHT. HAV1N~ A J~J~ OF lC~Q.OQ FEET, THROUGH A ~ ANG[~ OF 13'$1~, SUBTENDED BY A CHC)RD OF 2S5.76 FEET AT A BEJ~[ING OF N. so-0~2r w. FOR A DISTANCE OF 2~.3g FEET TO TH~ END OF S~MD CURV~; THENCE RUN N. 43'1~4~ W. FOR A DISTAHC~ OF 242,17 FEET TO ~ 3 BEGINNING OF A TANGENTtAL ClRCUt~R CU~V~ CONCAVE SOUTHWEG~Y, ,~ RU~ NORT~A~STERLY ALONG THE ARC OF ~ CURVE TOTH~ .LF_P-F, HAVINC~ A R, ADIU~ OF 540.00 FEET, TI.~OUGH A CENTRAL ANGLE OF 45~7~1', GUGTENOED 8Y A CHORD OF 414.32 FEET AT A BEAJ~I~3 OF ~L ~S'4T1~ W. FOR A DISTANCE OF 425~2 FEET TO THE ENO OF 8~JD CURV~ THENC~ RUN I~ 8&~44' W. FOR A D~TANCE OF 1 lg. Is2 FEET; THENCE RUN ~L ~r13~ w. FOR A DISTANCE OF 20S7.1g FEET TO THE BEGINNING OF A 8OUTI~N~iTJ~LY ALC~ TH~ A~C OF 8~D CURVE TO THE LEFT, HAVING A I~AD~J~ OF 47~2 FEET AT A BE~q31~3 OF $. 75~J1~ W. FOR A DISTANCE OF 47.~ FEET TO A POGNT OF p~/ER~E GUKVE; I~ENCE CONTINU~ ~UTHWES~ER~Y ALONG THG ARC OF 8AJO CURVE TO ~ ~, H~VING A KADIU~ OF 127.00 FEET, THROUGH A CENTT~L AHC~E OF 30'~11~, S~J~E)ED BY A ~ OF ~.Ta FEET AT A BEARING OF [ 75~1~ W. FC~ A Df~FAHC~ OF ~7~7 FEET TO TI~ END OF SAID CURV~ ~ mJN !~ a~l~ W. FOR A D~N~E OF gZ72 FEET TO THE BEGINNING OF A TANGENTLAL CI~C3JU~ CUR~E, CONCAVE NOR~Y; THENCE RUN NORTHWGSTEF~Y ALONG THE ~RC OF S~O CURVE TO THE ~GHT, HXV~G A R~D;u$ OF 202.00 FEET, THROUGH A CENTRAL ANGLE OF 46'$$~, SUBTENC~D BY A CHORD OF 1~O.85 FEET AT A BEAPJNG OF N. S5'45'$~ W. FOR A DISTANCE OF $65.43 FEET TO A POINT OF REVEFt~ CURVE; THENCE CONT1NUE NORTHWESTERLY ALONG TH~ ARC H~ PROJECT Il 93.132 REF. DV~. JU~Y 2, PAGE 4 ~ 4 ~ ~ ~ TO ~ ~. ~ A ~ ~ 1~,~ FE~. ~ A ~ N. ~'43'4~ W. F~ A ~ ~ ~1 F~ TO ~ ~ ~ ~ ~ ~ ~ N. 75~ W. F~ A ~ ~ ~.N FE~ TO ~ BE~ ~ A ~~y ~ ~ ~ ~ ~ C~ TO ~ ~, ~ A ~ ~ 1~.~, ~A~~ ~ 14~, ~~A~ ~ ~ ~ ~ ~ ~E ~ N. ~1~ W. F~ A ~ST~E ~ 57.11 ~;~E ~ N. ~1~ ~ F~ A~ ~ 10.~ FEET TO ~ ~I~ ~ ~ TO ~EM~S, RES~A~O~ ~ ~ICTI~S OF RECO~. ~ SEC~ IS. T~S~ 51 $~. ~E ~ ~. C~LIER C~, FLORtOA ~ M. MU STA~ ~ ~Z AT~ORJ(E¥'S AFFIDAVIT STATE OF FLORIDA COUMTy OF On this 27th day of June, 1997, before me Personally appeared Anthony p. Florida, to me Personally knovn, vhos~ current business address and telephone number is S01 L~urel Oak Drive, Suite 640o Maples, Florida 3410a, (941] 566- 3131 (hereinafter =Affiant"}~ who, being duly sworn on his o&~h, does say: 1. This Af~idavit is given aa an inducement to ~he ~oard o~ County Com=imaloners of Collier Co~nty, Florida. aa the governing body of Collier County amd as Ex-Officio the Covernimq ~oard of the Collier County Mater- Sewer Dls~rict ~o accept the dedication or conveyaaca off water amd sewer utility facilities lo~ated wi~ln or upon the real propez~y described in t. he attached Exhibit 'A', ~lch is incorporated herein by reference, sa~d land being located in Collier County, ~lorida. 2. The Affiant has examined record title lnfformation to both the real and Personal propez~y refferez~ed iml~ls affidavit, lncludln~but not limited to, information requested frcm the Florida Secretary of £tate relative to any Unifoz~ Com=ercial Cods financing statements from Co~zonwealth ~ar~i Title insurance Co~pany,s Polic~ Mo. 107-671953 and endorsements which cover public records on file up to amd including Fe~rvar~ ~, 19~4~ Chicago Title Xnauranca Company's policy Mo. 10 067~ 106 0000O00~ which Cover~ all public records on file up to and including June 26, l~e~ amd abstract~ frcm First Title & Abstract, Inc., which ccvers all public records on file up to a including June 24, 1997, at ~:00 p.a. From such examination, I am of the opinion ~ha~: The record title is vested in ~ulf Bay 100, Inc., end Parcel Z, Inc., d/b/a 951 Land Holdings Joint Venture, by ins~rumente recorded ia O.R. ZM~ok page 144, and in O.R. Z~ook 2199 page 1420, Public Records of Collier County, Florida. Said record ~itle holders have a fee simple title there~o sUbject, however, to the following qualifications: 1. Taxes: For the year ~997 smd sUbsequent years although not yet due end payable until on or after MOveaber l, 1997. 19~6 taxes were paid on ~ovember 26~ DePaz~cment of Ar~y Per, it issued Under Application ~uzber 78S-06~3 having an effective da~e of Septe~r 2~ 19S3, a~ recorded An O.R. ~k 1~0~ pa~es 123S-1252~ record~ Septe~r 24~ 1991, An 0.R. ~k 1650, a~ pages 160-174. Road Easement dated ~ce~r 12, 1989, from ~e ~lto~ Co~ration, to ~ ~chool ~a~d of ~olller ~ounty, recorded ~c~a~ ~g, lg~g, ~n O.R. T~ Access ~S~nt ~ecord~ April ~0~ ~957~ ~n O.R. ~k 2~03 page 1792, ~lic Recordm of Collier County, Florida. ' ~velo~en~ ~o~a~e a~ Se~ri~M A~reemen~ ~n ~avor o~ Tomem ~erAca Znc. recOrde~ An O.R. ~M 2~4, pa~e 350; ~ur, M~A~lca~iom A~reemen~ recorded An O.R. ~o~ 2247, pa~e of Renta and ~eases recorded In O.R, Book 2247, page 1355: and UCC-! Financing Statement recorded in O.R. Book 2247, page 1380, al! of the Public Records of Collier County, Florida. 6. Polling Place Agreement between 951 ~and Holdings Joint Venture and the Supe~-~eor of Electionl, recorded in O.R. Book 2169, page 1177, ~blic Records of Collier County, Florida. Oistric~ Special Assessmen~ Revenue ~nds, Case No. 96-3097-~-01-TB, r,corded in O.R. ~ok 2239, page 1~96, ~bl~c Records of Col]~er County, Florida. Avigat~on Ealemln~ ~n rigor of Collier County and Collier County A~ Authority, recorded ~ober 25, 1996, i~ O.R. ~ok 2242, page 23~7, ~1~ R.cords of Coll~t= Co~ty, Florida. 9. ~a= ce~ain Planned Un~= ~velopm.n~ {P.U.D.) ~ssued by Collier County under Ordinance No. 84-41 (84-42) o~ June 12, 19a4, al amended Ordinance Nol. 88-4S and 89-34 al ~lsu%d on Hay 24, 1988, a~d June 13, 10. ~at ce~a~n ~veZopmen~ Order (D.O.) issued by Collier County under Ordinance No. B4-3 on June ~2, 19S4, recorded Feb~a~ 15, ~990, i~ O.~. BOOk 1505, ~agll 1728 ~hrough 1982, al amended by Or~na~ce Nos. ~llued Hay 24, 1~88, recorded ~ O.~. ~k 1505, page 234B, and B9-149 al ~llued June 13, 19S9, recorded ~n O.R. ~k ~505, page 1995, recorded ~n O.~. ~k 1514, ~ pages ?~6-~60, CoOl,er County, 11. Potable Wa~er Easement da~ed Nove~er 9, 19~9, from ~e Co~ration, to City National ~nk of Florida, as T~stee, recorded Nove~er 16, 1989, ~n O.R. ~ok 1484, a~ pages ~697-1711. STA~ OF F~RIDA ~ony' p.' P~rll, CO~y OF CO~IER SwOr~ ~O (O= affixed) and I~lcribed ~forl 1997, bY ~ONY = ~ .... ~l ~h~l 27~h day of June, 'iyp of identlflca~~uc~W ..... OR pr~uced / /' . / . ...." Print ~ot~ ~lic F I-',MA PROJECT $ m~ · ~oc~s. ~flc ~. ~. ~7 P~GE 1 ~ 4 A P~CEL OF ~ L~ ~ EE~I~ ~4 ~ 15. T~P 51 ~ ~ ~. ~ C~, FLO~ ~ A ~ ~ T~~ ~. ~ ~ ~ ~T ~ 17 AT P~ES M ~H 1~, ~ ~ ~ P~C~ F~: COMM~ AT ~ ~EST C~R ~ ~ ~ ~ ~ SE~ 15. T~IP 51 ~ ~ ~ ~T. C~ ~. OF ~O SEC~ 15, F~ A DI~E ~ 13~ ~ TO A ~ ~ ~ ~ LI~ OF ~ ~ ~E I~ ~ ~ ~ Q~ ~ ~ $E~ 15; ~HE ~ST QUARTER ~ ~ ~C~ 15, F~ A ~E ~ 145.5~ ~; FOR A DIST~E ~ 57.1g FE~ TO ~ ~G~ ~ A T~ C~ C~ C~ ~Y: ~ ~ ~y, ~ ~ ~C ~ ~D C~ TO ~ R~, ~G A ~$ ~ 1~.~ ~, ~ A ~ S. ~11~' E., FOR A DIST~E ~ ~.~ F~ TO ~ ~ ~ ~D C~ ~CE S~~Y ~O~ ~ ~C ~ ~D C~ TO ~ ~, ~ A ~ OF 11~.~ FE~ ~R~H A C~~ ~ ~51~, ~ ~A C~ OF aT.~ F~ AT A B~ ~ 8. ~'43'~3' E F~ A DI~ ~ 67.g5 F~T TO A OF ~D ~ TO ~ ~, ~ A ~ ~ 19~ ~ ~ A CE~ ~ ~ ~'55~, 5UBT~ED ~ A C~ ~ 152.8g FE~ AT A BEGINNI~ OF A T~A CIR~ ~ C~ ~~y; 8UB~ ~ A ~D OF ~1 ~ F~T AT A B~ING ~ ~ 75~I~ E.. F~ A ~Y~ ~C~ ~ ~ TO ~ ~, ~ A ~ ~ 52.~ FE~ AT A B~I~ ~ N. 75~1~ ~ F~ A D{~ ~ ~11 FE~ TO F~; ~E R~ ~. ~44" ~ F~ A DIe, CE ~ 1 lg.~ F~ TO ~ ~GI~ ~ A T~ CIR~ ~ ~ · US~N~ ~A C~ OF 421.~ FE~ AT A B~I~ ~ ~. ~'4T13' E.. F~ A DI~T~E OF 433.~ FEET TO ~ ~ ~ ~O C~: ~E ~ ~. 43'1~'4~' E. FOR A DIST~CE ~ 242.16 FE~ TO ~E BEGI~I~ ~ A CIRC~ C~. CO~A~ ~R~STE~Y; THENCE RC~ ~~R~Y ';'i ~f~' ' H/vi& PROJECT Ir 93.132 REF. D'AK;. ~20~? · JLY ~ 1997 PAGE 4 ~ 4 ~ ~ TO ~ ~. ~ A ~ ~ 1~.~ ~, ~H A C~G~ ~ 3~51~, ~D ~A ~ ~ 61.~ FE~ATA B~ING OF N. ~'43~3' W. FOR A D~N~E ~ 62~1 F~ TO ~ ~ ~ ~D ~ ~E ~ N. 7~'~ W. ~ A ~ ~ ~.~ F~ TO ~E BEG~NI~ ~ A T~ C~C~ ~ ~ ~Y: ~ ~ ~ 1~.~ F~, ~A ~~ ~ 14~r, ~ ~A ~ ~ 31~ ~ATA ~ ~ ~11~ W. F~ A~E ~ 31.g3 F~TO ~ SEC~ 15, T~ 51 S~. ~E ~ ~. C~=~ ~. ~.ORZDA C~,~ OF A~~ ~ ,1~2 ~O~ M. MU~ v ~ ~A~ OF FL~IDA HMA PROJ~[CT f 93.132 REF. DWG. JULY 2. t PAGE 3 C~ 4 MARRIOTT CLUB DRIVE. RUN 8. 3g'46'45' W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN N. 50'13'17- W. FOR A DIST,~J~C~ OF ~C0.51 FEET TO THE BEGINNIN~ (~c A TANGENTIAL CIRCULAR CURVE. CONCAVE SO~q'HWESTF. J~Y; THENCE RUN NORTHWEb~TEJ~.Y, ALO~IO THE ARC Of= ~AJD CUf~/F. TO TH~ LEr'T, HAVI~3 A RADIU~ OF 3940.00 FEET, THROUGH A CEt~RAL At~GLE C~ 0~'44~$', SL~TEJ~O~D BY A CHORD OF ~01.02 FF..~T AT A ~ OF I~ 54'35'4 $' W, FOR A DI~'TANC~ OF ~05 ~1 FEET TO THE END OF SA]O CUR~ THE~NCE RUN N. 34'34'12' W. FOR A DISTANCE OF 1052.$3 FEET; ~ RUN N. 31'~1'4~' E. FOR A DISTANCE OF 243.1B FF. ET TO TH~ BEGIt~IIN(3 OF A TANGENTIAL ClRCULK~ CUR~/E. CONC.~VE THENCE RUN NOR~E.J~/..Y ALONG THE ARC C~ ~dD CI.J~VE TO THI[ RIGHT. HAVtNO A ~)~J~ OF 20~0.00 FEET THROUGH A CENTRAL ANGLE OF $U8~ BY A CHORD OF 505.1g FEET AT A ~ OF N. 34'04'24' F-. FOR A DISTANCE OF 50~.47 FEET TO THE END O~ S~dD ~ THF. NC~ RUN N. 45'0700' FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANG~ ClRCLr~AR ~ CONCAVE WF.~TEJ~Y; THENCE RUN NORTHERLY ALONO TH~ ~ OF ~JO CUI~VE TO THE LEFT, HA~INO A RADIUS OF 40.0~ FEET, THROUGH A CENTRAL ANGLE Of= ~3*00~X~, SU~ BY A CHORD O~ 5~.$7 FEET AT A ~ OF N. 00'07~3' FOR A DISTANCE OF ~2.$3 FEET TO THE END C~ E~dD CURVE; THENC~ RUN 44'$3~O' W. FOE A DISTANCE OF 351 .gl FEET TO THE BEGINNING OF A TANGENTtAL ClRCUt.A~ ~ CO~'..AVE ~31.JTHWE$~Y; THE~ICE R1JN NO~THW~STERt. Y A~.ONO TH~ ARC Ole ~AJO CURV~ TO THE LEFT.HAVING A RADIU~ OF 3540'00 FEET' THRO4JGH A CENTI~M. ANGLE OF 12'12'13'. b'~R3~D BY A CHORD OF ~37.~1 FEET AT A BEARING OF N. 50'59137' W, FOR A DISTANCE Oi~ ~3g.1 ~ FEET TO THE END OF ~JD C3J1~/~ THE. JqCE ~ N. $7'05'13' W. FOR A DISTANCE O~ 593.22 FEET TO THE BEGINNINO C~ A TANO~ ClRCUI.A~ CURV~ CONCAVE THENCE RIJN NOI~TH~V~Y ALONG THE ARC OF ~4JO ~ 1'O THE RIGHT. HAVING A RADIU~ OF 10eO.00 FEET. THROUGH A CENTRAL ANGLE OF 1 $'$I'~O'. SU~ITENDED By A CHORD OF 255.7~ FEET AT A BEA.qJNO OF N- 50'O~'2~' W- FOR A DISTANCE OF 25~.3g FEET TO TH~ END OF S,MD CURVE; THENCE RUN N. 43'13'43' W. FOR A DISTANCE OF 242.17 FE~T TO TH~ BEGII~NINO OF A TANOENTLJJ. CIRCULAR C~ ~VE $OUTHVVE~TE~.Y; T~ENC~ RUN NORTHWI[STERLY ALONG THE ARC OF SAJD CURV~ TO THE LEFT, HA~NG A RAD~S OF 540.00 FEET. THROUGH A CENTRAl. ANOLE OF 4 $*0701°, ~U~TENOED ~Y A cHORD OF 414-32 FEET AT A BEA,qJNO OF N. ~5'4/'13' W. FOR A D~TANCE OF 42522 FEET TO TH~ END O~ SAJD C. URV~ THENCE ~UN ~L U'20'44' W. FOR A DISTANCE OF 11 g~2 FEET; THENCE RUN N. a~'l 3'35' W. FOR A I~STANC~ OF 2057.1 ~ FEET TO THE ~GU~NO OF A TANOENT~ C~CULAP, CraVE, CONCAVE ~rr~.ASTERLY; THENCE RUN ~</THW~.5~Tr. RLy ALONZO TH[ AJ~C OF ~JO CUI~VE TO TH~ LEFT, HAVI~IO A RADIU~ OF 47~3~ FEET AT A BEARIN(3 OF [ ?$.31~0' W. FO~ A DISTANCE OF 47.~g FEET TO A OF S/dD CURVE TO THE RIOHT, HAVtNO A EADtUS OF 127-00 FEET, THROUGH A CENTR.4~,. ANGLE OF 30'2~'10', t"~U~ BY A CHC)RD OF ~-?a FEET AT A BEARING OF ~. ?$'31 ~0' W. FOf~- A DISTANCE OF ~7--~7 FEET TO THE END OF '~AJD cUI~; T~-r. NCE RUN N. a~'l 3'35' W. FOR A DISTANcE OF ~2.72 FEET TO TH~=- BEGINNING OF A TANGENTL44. C~CULAR ~ C.O~KT~VE NOR114F. J~Y; THENC~ RUN NORTHW~?ERLY ALONO THE ~ OF SAID CURVE TO THE R~d~r. J~AVINO A RADIU~ OF 20Z00 FEET, THROUGH A CEh'T~ ANGLE OF 4e'55~/'. SUSTENOC~ BY A C~K~D OF 100.$$ FEET AT A BEAJ~NO OF N. ~5'45~Z' W. FOR A DISTANCE OF 1~$.43 FEET HMA PRO,.,~CT # g3.132 RE.F° DWi. dULY 2. 1~7 PAG£ 2 OF 4 ALONG THF. ARC OF ~ CL~,~ TO TI~ LEFT, I'~VI/~ A RADR~ OF 10~0.0O FF..ET, T.k~ A ~ ANGLE OF 13.'~1'30', SUS*TEFa~.D BY A CHOP~ OF 2S3.~5 FE*ET ATA B~ OF I. s0-09'2r E., FORA O,~STA/qCF. OF 2.~.IIT FLL='T TO T'I.~ ~OF SMD CUR'V~ ~ RUN $. ~2"I~'15° E.. FORA DI~TAt4C~ (::~ 21.73 FEET TO A ON ~ ~:TLFI'I',~g, RLY PdG~IT.4:~-WAY L.JN~ Otr C:HAMP~ DRIVE OF MARCO pLAT BOOK 17 AT PA, G~ t~ ~ 103~C~ THE PL,'IR.~ REC. g'J~ OF COLUER 1. THENCE ~Oe4T',NU'E ~- $T'0~13'' F- FOR A DtSTAFICE OF 564'49 FELt1' TO THE BEOll4~qO OF A TANGENTIAL CLRCULAR CURVE COte*CAVE 5OL,'TTeh~$TE~LY; 2. Ti.~:E RUff ~y, ALONG THE AJ~C OF 8A.'D ~ TO THE fl*~lT, Di~rANcE OF a41 ~2 FEar TO THE ENO C~' ~dO CURV~ $. THENCE RUN $. 44°~ E. FORADr~rANcEoF3~1.~1 FEETTO'rl-~B~GB~ININOO~tA TANGENTIAL CIRCRR.AR CURVE. COIqCAV~ wE~rERLY; 4. TI.iF. NCE ~ ~y ALC)NG TH~ ARC OF ~lO CURVE TO TH~ RIGHT. I'~VIN(3 A CHORD C~ 70.7t FEET AT A ~EAILINO OF a. 0007'00' W. FOR A DI~I'A,NCE OF 71.~4 FEET TO THE F.~O OF BAJD CUR'VE; 5. THENCERIJN~.45'0TIXr'W. FORADL~TAFICEO~142.01 FEETTO~GIHN~N~ OF A TANG~ CIRCULAR CURV~ COe~VE ~Y:. ~.THENCE RUN ~Y. ALOI~3 THE ARC OF ~dO CURVE TO TI~ LEFT. 81.mYF..,ql:)~O BY A C:Ja~D O~ ~02.74 FEET AT BF..ARJNO OF $. ~4'04'24~ W. FOR A 7. THENCE RUN ~. $I'0~'4r w. FOR A DIj~TM4CE OF 245-11 FELeT: TO TI.~ B~--(~I~II~O Olr A TANgEntIAL ~ ~ CONCAV~ FOR A D~TANC~ OF ~0~.I 3 FE=--I' TO THE E~IO OF ~MD CU~V~ ~ RUN EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER THE APPLICATION SUBMITTED BY MEDIAONE ENTERPRISES, INC., FOR THE RENEWAL OF A CABLE FRANCHISE. OBJECTIVE: To consider thc Application for the Rcn~val of a Cable Franchise which has been submitted by MediaOnc Enterprises, Inc. CONSIDERATION: An Application for the ren~,val of a Cable Franchise was submitted by MediaOne Enttn'pfises, Inc., on June 9, 1997. After initial review, staff determined that the documentation and information supplied were materially suffici~t to meet the requirements as set forth by Ordinance 88-90 as amended. Therefore, the County Administrator's Office, through its Office of Franchise Administration, recommends that a single Cable Franchise be awarded for the renewal of three Cable Franchises held by MediaOne Enterprises, Inc. whose expiration dates arc: August 6, 1997, August 20, 1997 and May 13, 2006. FISCAL IMPACT: The County has rco:ived the required fee of $5,000 for processing the Application for Renewal of the Franchise. The County will also continue to receive Franchise Fees---a five percent (5%) of "Gross R,.~/enues" as specified in thc Franchise Agreement and in Ordinance No. 88-90, as amended. Also, in the proposed Agreement (Attached), the company is offering a cash contribution to be used to acquire and ins,all a media system in thc Collier County Commission cl'~anben that will not only offer quality television coverage of government meetings, but ~Iso will improve and enhance the room itself for multi-media purposes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The recommendation is in two parts: A. That the Board approve the (Attached) Cable Franchise Application as submitted, after making the following findings of fact (also Attached) in accordance with Section 3.6 (a) of Collier County Ordinance No. 88-90, as amcnded. B. That the Board authorize the Chairman to execute thc Franchis~ Agreement, after final approval of thc Agreement by thc County Attorney, subject to possiblc minor, non- substantive clarifications. Prepared by: Jean Men'itt, Manager Office of Franchise Administration Reviewed by: Michael A. McNees Assistant County Administrator Approved by: Robert F. Fernandez County Administrator AGENDA 91997 FINDINGS OF FACT: 1. Compliance With Existing Franchises MediaOne Enterprises, Inc. is the largest cable operator in Collier County. The Company serves approximately 70,000 households and commercial properties in the unincorporated area ofthe County. Although the Company has changed its corporate structure and ownership several times, its history (or that of its acq'aired systems) goes back as far as thirty years. Most recently, however, it has been acxtuired by U. S. West. Following the dictates of Ordinance 88-90 as amended, MediaOne Enterprises, Inc., has applied for a renewal of its Franchises by submitting an Application. The Application indicates that the Company has substantially complied with the material terms of its existing franchises. In addition, staffhas had many opportunities to observe the Company, and has established friendly and compatible professional relationships with personnel in many phases of the company's operations. In fact, the Company has been most generous in making available resources and at times, technical staffto assist staff in its fledgling efforts to utilize the government access television charnel. Staff'has not been notified of any adverse actions taken against the Company for failing to follow applicable State or Federal law. Nor have we had any notice of any shortcomings by the Company's chief regulator, the Federal Communications Commission--O:CC). 2. The Quality of Service The quality of service that MediaOne Enterprises, Inc. offers has proved very acceptable to a large majority of its customers. In the recent survey done by an independent contractor, 5500 randomly selected subscribers to MediaOne were sent survey instruments. Of those, 659 persons responded, for a respectable return of 12%. Of those responding, 43% rated thc Company's basic service F~x~,ll~nt.9.r_Cgg~. Another 40% ratM the Company's basic service as Fair. Ofthe respondents, 54% reported they had never had a problem to report to the Company, and of the 46% who said they had contacted the company, 80% indicated satisfaction with the resolution of the problem. Moreover, 100% of the survey respondents indicated that the Company l~l.ll, gXlr. l~,,~ an ap_tmintment to resolve a cable problem. Overall, the subsen'bers returning the surveys gave the Company a grade of"B-", a very satisfactory affirmation of the Company's policies and procedures dealing with its customers. From the survey and from contacts with MediaOne's subscribers, staff concludes that the Company is in compliance with acceptable .~rs4ce standards. This inclu~e,~.,uj~,~i.l~l\/~-x[--"' the signal quality of transmission, but also, ~th ~~esi~o?e~o complaints and its billing practices. [ ~"~. / 3. Financial, Legal and Technical Resources MediaOne Enterprises, Inc. has the financial, and legal resources, as well as the technical ability to provide the services, facilities and equipment needed for its presence in Collier County. The Company is a Rhode Island corporation qualified to do business in California, Florida and Massachusetts. MediaOne Enlerprises, Inc., is a wholly-owned subsidiary of MediaOne of Delaware, Inc., a Delaware corporation. MediaOne of Delaware, Inc., in turn, is a wholly-owned subsidiary of U S West Media Group, Inc., a Delaware corporation. U S West Media Group, Inc., is a wholly-owned subsidiary of U S West, Inc., a Delaware corporation. U S West Media Group, Inc., is the third largest cable company in the United States. The Company owns or co-owns cable systems that pass nearly one in four American homes. U S West Media Group, Inc., with its acquisition of Continental Cablevision (including the system in Collier County), the Company now has a service area covering 27million American homes, plus 20 million internationally. Media Group now has cable interests in 60 of the top I00 U. S. markets, including New York, Los Angeles, Chicago and Detroit. The resources of this Company are considerable. There is no doubt its resources are far more extensive than is required by Ordinance 88-90 as amended. 4. Future Related Community Needs The Company is making a comprehensive plan to expand services. By upgrading its high capacity "broadband" networks, it is adding telephone and data services, new forms of entertainment and "electronic commeme" to its cable systems. An aggressive campaign to upgrade the system in Collier County is underway. MediaOne expects to complete its upgrade to 750MH7. in this area by 1999. When this is accomplished, many enhancements will be made available to the Company's Collier County subscribers. In addition, the Social Contract negotiated between the Federal Communications Commission (FCC) and Continental Cablevision dictated certain upgrade requirements, and the Company made additional commitments in the area ofschools, home wiring policies and certain price controls as well as restrictions in rate adjustments. This Contract or Agreement guarantees that certain community and subscriber ir~ met during the lifetime of the agreement. _ .~GENDA J,TE'~,',, '~ AU$ 5 t.~7 pg._ ~ _ tere~ts will be JUL- I 6 ? 9 lO 11 12 14 15 ~6 17 18 19 2O 21 22 State of Florida - Collier County CABLE TELEVISION FRANCHISE AGREEMENT This Cable Television Franchise Agreement entered into this 29* day of July, 1997 by and between Collier County, a political subdivision of the State of Florida and MediaOne Enterprises, Inc., a Rhode Island Corporation, hereinafter referred to as "Grantee". WITNESSETH: IVHEREAS, the County of Collier, hereinafter referred to as "County" or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise fixrther the public interest; WHEREAS, the County is the owner of certain public Rights-of-Way WHEREAS, the County has, following reasonable notice, and after consideration, analysis and delibcrati m conducted full public proceedings, during which proceedings the teclu~cal ability, finar~cial condition, legal qualification and general character of Grantee were determined acceptable to receive a renewal of its franchise; 23 WtlEREAS, Grantee is currently furnishing Cable Service in the County pursuant to 24 t~ee franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee 25. desires to replace these existing fi'anchises and fi.om this point forward to be recognized as one 26 (I) franchise with an expiration date of 15 years from date of acceptance by Grantee. 27 28 WHEREAS, certain provisions contained in Chapter 30 of the Collier County Code (the 29 Master Ordinance) should be waived in renewing these fi.anchise~; 3o 31 WHEREAS, the County has also considered and analyT, ed the plans of Grantee for the 32 construction and operation ofits Cable System and found the same to be adequate and feas~le in 33 view of the needs and requirements ofthe area to be served by the respective Cable System; 35 WHEREAS, the County has determined that it is in the best interest of and consist~t 36 with the public convenience and necessity of its residents to grant a franchise to Grantee to 37 operate a Cable System within the specified franchise area within Collier County and on the 38 terms and conditions hereinafter set forth; aad, 39 40 41 WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's right-of-way. 07/25/97 ! ~ AU~ 5 L~37 I WHEREAS, Pursuant to the procedures in the Cable Act, Section 166.046,Florida 2 Statute, and Chapter 30 § 28(0(1) ofthe Collier County Code, the Grantor has held a public 3 hearing where the following issues related to granting a cable television franchise to Grantee 4 were considered: (i) the economic impact upon private property within the County; (ii) the public 5 need for such fi'anchise; (iii) the capacity of public Rights-of-Way to accommodate the cable 6 system; (iv) the present and future use of the public Rights-of-Way to be used by the cable 7 system; (v) the potential disruption to existing users ofthe public rights-of-way to be used by the 8 cable system and the resultant ~nconvenience which may occur to the public; (vi) the financial 9 ability ofthe fi'anchise applicant to perform; (vii) the experience of the applicant in lhe erection, I0 operation and maintenance ora CATV system, (viii) technical quality and completeness of the 1 ! proposed plan for operation of the cable system, (ix) the legal, character, financial, lechnical and 12 other qualifications necessary to construct, own and operate a cable television system, and (x) 13 other r, ocietal interests as are generally considered in cable television fi'anchising. The Grantor 14 has determined that the Grantee has provided Cable Service under the three current franchises in 15 a satisfactory fashion justifying renewal of such franchises. The Grantor has determined to 16 renew a cable television franchise to MediaOne Enterprises, Inc. on the terms and conditions set 17 forth in this Agreement. I$ 19 2o 21 22 23 24 25 26 27 2g 29 3o 31 32 34 37 39 4o 41 42 43 NOW, THEREFORE, the parties agree as follows: Section 1. Findings The aforestated recitals are incorporated in their entirety herein. Section 2. Definitions For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of the other gender. The words 'shall" and "must" are always mandatory and not merely directory. 2.1 "Access" shall mean the availability of thc Cable System for use by various local govermnental agencies, including the County and the County's schools to acquire, create and distribute programming not under the Grantee's editorial control, including: 2.1.1 "Educational Access" shall mean access where schools are the prima,7 or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mean access where governmental institutions or their designees ~e thc primary or designated programmer~ or users having editorial control over their programming; 07/25/97 AGEt~DA ilEM~' · AUG ii 1.~? ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I7 18 19 20 21 22 O23 24 25 26 27 28 29 3O 31 32 33 ~4 35 36 37 38 39 4O 41 42 43 2.2 2.3 2.4 2.5 2.6 2.7 07/25/97 "Affiliate," when used in relation to any person, shall mean another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. "Basle Cable Service" or "Basle Service" shall mean any service tier which includes the retransmission of local television broadcast signals and access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by the Federal Communications Commission. "Cable Operator" shall mean any person or group of persons: a) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System under a Franchise with Collier County. "Cable Service" shall mean: a) the one-way transmi~ion to Subscn'bers of (a) video ~g. or (b) other programming serviceg and, b) subscn'ber intexaedon, if any, which is required for the se.k, aion or use of tach video programming or other progrmmming services. "Cable System" means a facility, con~ ora set ofckacd tr'msmissioa designed to provide Cable Service which inclndes video ~ and which is provided to multiple subscribers within a commsmity, but such ~mn docs not include: a) a facility that serves only to retransmit ~e television signals of I or mor~ television broadcast stations; b) a facility that serves snbscnTt~ms wigan, st using any Pdght.s-of-Way; c) a facility ora common the provisious of The Communi~ facility ~hall be consida-~l ~ Cable $~em (o6~r ~ ~l~qm~ of~ ~i (¢)) t~ the extent ~ch fadlity is used in the "Channel" shall mean a 6 MHz band of analog frequencies, or furore cncoding standard, in the electromagnetic spectrum (or any other means of~on, including but not limited to optical fibers, which is capable of carrying thc equivalent sigml or signals), and includes uses of all or any portion of such band of frequencies for digital video/television signals. 2.8 2.9 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 "County" shall mean the Collier County, Florida, or the area within the present county limits or as such limits may be changed. "County Commission" shall mean the Board of County Coramissioners of Collier County, Florida. 2.10 "Customer Service Standards,, shall mean those standards adopted by the FCC and the County (to the extent not inconsistent with those of the FCC), which govern the manner in which Grantee int .'-',cts with the public and its customers. 2.11 "FCC" shall mean the Federal Communications Commission or any successor agency. 2. I2 "Franchise" shall mean an initial authorization, or renewal thereof, (including a renewal · ' 'ch..h~.. b~e.. n .g~.te? subject to 47 U.S.C.§ 546 ), issued by the n..., --.~.~ ~ucn aumonzanon ~s aes~gr~ed as a Franchise, permit, licen.~ resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System bm neither supersedes nor takes the place of any license, license fee or permit authorization which might otherw/se be required for the pr/vilege of transacting business within the County. 2.13 "Franchise Fee" shall mean an manual fee orfive x'rcent (5%) of Grantee's Gross Revenues paid for the use and occupation of the County's Rights-of-Way and for other purposes. 2.14 2.15 07/25/97 "Grantee" or "Franchisee- or "Company- shall mean the person, firm, or corporation to whom a Franchise, as herein above defined, is granted by the County and any lawful successor, transferee or assignee ors.aid person, firm, or corporation. "Gross Revenues', shall mean all revenues collected by the Grantee directly or indirectly from the sale ofcable television video or audio programming services, video tech services, and video games provided by Grantee within the County, specifically derived from Subscriben located within the County. a) Such revenues include, but are not limited to Cable Service fees charged for: 1) any video and / or audio program service; 2) installation, disconnection, reconnection or servi?.e mainten~c.e agreements', 3) equ,orn~t ren?; 4) Access or leased video channels, 5) advertising sold by the Grant'e, either · · home shopping servzces, directly or mdLrectly, and 6) The sum of the aforement/oned Section 2.15A shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. b) Such revenues do not include those derived from: I) Other Communication ! 4 $ 6 7 8 9 10 II 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 3,3 34 35 36 37 38 39 40 41 42 43 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 07/25/97 Services; 2) signal carriage (e.g. marketing co-op dollars, launch dollars and retransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (e.g. customer terminal devices); 6) any sales, excise or other tax collected by Grantee on behalf'of any governmental unit; 7) reimbursements for expenses (e.g., returned check fees and copy expenses); 8) items excluded by Local, State or Federal Law; or 9) local TV production and / or related program revenue. "Institutional Network or I-Net" shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned facilities and not for residential cable Subscribers. "Other Communications Service" shall mean information audio, video, data, telephony, Internet access, text service, electronic communication (e-mail), or any other lawful sev,'ice that Cable Operator makes available for purchase by Subscribers, "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity, "Public Buildings" shall mean publicly supporlcd K-12 schools, Federal, State, Counv/, government owned or leased buildings or parts of buildings which are occupied by County employees for the sole use of conducting Count-.,, Business, "Educational, or Governmental Access Facilities" shall mcan a charm, el capacity designated for educational or government use. "Public Way" or "Rights-Of-Way,, shall include the surface, the air space above thc surface, and the area below thc surface of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways, greenways, utility easements, and other public property now or hereafter held by the County or the State which shall entitle the County and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable System. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such te~a,s, be deemed to gain only such fights to use property in the County as the County may have the undisputed right and power to give or as granted by Federal or State Law. "Reasonable Notification" shall mean fourteen (14) business days for all non financial related matters and thirty (30) business days for financial matters. "Subsen'ber' shall mean any person or entity lawfully receiving any portion of'the Cable Service of Grantee pursuant to this Franchise. AGE,~iDAJTE~ AUG 51997 1 2 3 4 6 '7 8 9 i0 !1 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 37 39 41 42 43 2.24 "Service Tier" shall mean a category of Cable Service or Other Communications services provided by a Cable Operator and for which a separate rate is charged by the Cable Operator, Section 3. Franchise Territory The non-exclusive cable television franchise granted under this Section shall include the 8eographic area described as Collier County, and the specific Public Ways necessary to such areas. Section 4. Nature and Terms of Grant 4.1 Grantor does hereby conv~ to the Grantee a non-exclusive franchise lo construct and operate a Cable System, using owned and / or leased facilities, which may be located in the County ,~ghts-of-Way. 4.2 Notwithstanding, Seclion 4.1, Grant~ may, in its sole discretion, elect to lease, for example, fiber optic, coaxial and multi-pair cable and other cable communication facilities or program services fi'om other County fi'anchised providers of Cable Service to support the operation of its Cable System. 4.3 Notwithstanding the requirements of current Collier County Code, Section 30-28 (g), the franchise granted herein shall run for a term of fifle, en (I$) years commencing upon acceptance by Grantee. The renewal application submitted with a $5,000 check meeta any and all financial obligations to satisfy Grantor's renewal process of this Franchise AgrccrncnL 4.4 Public Rights-of-Way use conditions. 4.4.1 Ail facilities shall bc constructed, installed and located in accordance with the following terms and conditions: 4.4.2 The Grantor requires, st no cost to the County, the Grantee lo locate its cable television facilities when the Grantor intends to conduct excavation projects. Thc Grantor shall lac rcspons~lc for damage to cable television facilities caused by thc negligent or intentional acts of its employees or agents. 4.4.3 07/25/97 Thc Grantor reserves thc right, upon rcasona~Ic notice, to require thc Grantee at its expense to protect, support, temporarily disconnect, relocate or remove from thc County's Rights- of Way, streets, or any pwpcrty of thc Grantee by reason of traffic conditions, public safety, street construction, real or planned excavation, change or establishment of street grade, installa~on or planned installation of sewers, drains, water pipes, power and / or commurdcation lines, tracts, or other AUG 5 1997 /D 2 4 5 6 7 $ 9 10 il 12 13 14 16 17 Ig 19 2O 21 22 2..1 24 25 26 27 28 29 3o 31 32 3.1 34 35 37 38 39 4O 41 42 43 4.5 4.6 07/25197 types of structure or improvements by govcmmcntal agencies or any other structures proposed for public improvement. Reasonable notice for this provision shall be in writing and shall be delivered to thc Grantee at least ninety (90) days prior to the commencement of initial excavation, except in thc case of emergencies where no specific notice period shall be required. Thc Grantor shall endeavor to notify and seek comment from thc Grantee with respect to minimizing disruption to thc Cable System, where public works projects may affect thc Grantee's Cable System. 4.4.4 4.4.5 W*henever a public way exists to accommodate the Grantee's system, the Granlee shall not locate its facilities otTthe Right-of-Way and shall make every eft'on to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County or the State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably or intentionally interfere with the construction, location and maintenance of sewer and / or water maim, lines, or connections. The Grantee shall take appropriate preventative measures to protect existing facilities within the Rights-of-Way. 4.4.6 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sid~a/alks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material to their former condition at the Grantee's expense, and shall thereafter, from time to time, but no longer than one (I) year bom the completion of the job, readjust, fill and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the Public Way. 4.4.7 The Grantee shall adhere to all Federal, State and Loc. al Laws, rules and regulations regarding the location, construction, and maintenance of its Cable System facilities within the Rights. of-Way. All franchisees are required to obtain construction permits for cable system facilities to b~ installed in Rights-of-Way. The Grantee shall, subject to commercial practicability, make its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for Grantee's services; provided, however, that nothing/n this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. 7 AGE'~DA,FI~, ~, .,. AU$ 5 Lqg? ! 2 3 4 $ 6 7 9 1o I1 12 13 14 15 17 lg 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 4O 41 42 43 4.7 Thc Grantee reserves thc right to deny new service or to terminate current service to customers who obtain thc service in ma.,mcrs not au~ori7.cd by thc Grantee, who have a history of multiple £ailurcs to m~c timely payments. The Grantee shall make its Cable Service available to Subscribers in the County at rates that comply with FCC guidelines. 4.8 Interconnection of Cable Systems 4.8.1 The Grantee shall have the capability to bc interconnected with other adjacent Cable Systems. At a minimum, the Cable System shall be capable of interconnecting government access channel (s) programming to other adjacent Cable Systems. 4.8.2 The Grantor may request thc Grantee to negotiate interconnection of thc government access channels (s) with other adjacent Cable Systems in the general area. 4.8.3 Section 5. Grantee shall comply with State and Federal Law regarding intcrconnection of its facilities with other Cable Systems. Customer Service Standards County has dctcrmir..ed that it is in the best interest of its residents and consistent with the public convenience and necessity to adopt Customer Service Standards for the provision of Cable Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, current Collier County Code, Chapter 30 § 55, to the extent that such provisions are not inconsistent with those of the FCC. Section 6. 6.1 Compensation, Auditing and Other Payments Grantee shall pay thc County throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 All such payments of Fnmchise Fees shall be made payable to the Office of Franchise Administration quarterly in accordance with current Collier County Code, Chapter 30-280cX2), for thc preceding period payable within sixty (60) calendar days after thc end of the calendar quarter for which thc payment is made. Franchise Fee payments shall be accompanied by a quarterly report itemizing and setting forth thc revenues / receipts and showing the calculation of thc payment duc for thc preceding period. 07/25/97 ,A, GEt.iDA ITEM I 2 3 4 6 7 9 10 i! 12 13 14 16 I7 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 6.3 07125197 The payment of thc Franchise Fee by thc Grantee is for the right to construct and operate its Cable System, as defined herein, within the Grantor's Rights-of-Way and is in lieu of a Rights-of-Way use or encroachment fee. 6.4 The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official of the franchisee responsible for the Cable System's financial statements, reflecting the total mounts of Gross Revenues as defined herein, and all payments, and computations for the previous calendar year. Upon ten (10) days prior written notice, the Grantor shall have the right to conduct an independent audit of Grantee's records. The Grantor shall have the right to audit a Grantee's fiscal and financial records, and to recompute any amounts that are payable under Section 6 by the Grantee for a period of twenty-four (24) months after receipt thereof, after which payments shall be final. Any additional amounts due the Grantor as a result of~he audit shall be paid within sixty (60) days following written notice to the Grantee by the Grantor of the underpayment, which notice shall include a copy of the audit. If, after resolving any dispute arising from such audit, Grantee has made a Franchise Fee underpayment often percent (1C~A) or more, the Grantee shall assume all reasonable costs of such audit. In other events, the Grantor shall bear all costs and fees associated with any such audit. 6.5 All Grantee's books and records concerning its Gross Revenues and its calculation of payments to the Grantor, shall be available for inspection by an appropriate officer of the Grantor, or its designee, at reasonable times to detcanine the amount of compensation due to the Grantor from Grantee under this Franchise. Such records shall be kept so as to accurately show the same. Grantee shall prepare and make available to the Grantor at times reasonably requested by the Grantor and in the form prescribed by the Grantor after consultation with the Grantee, such reports with respect to its Cable System and the Gross Revenues derived therefrom, as the Grantor may deem reasonably necessary or appropriate. 6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any payment on or before the date it is due, Grantee shall pay interest at a rate ofone percent (1%) per month on any such underpayment and/or late payment Interest shall not accrue, with respect to under payments, until such time that the Grantee is notified about any alleged underpayment by the Grantor. 6.7 Consistent with federal requirements, the Grantee shall file no less frequently than annually any tariffs, amencknents, or modifications affeeling the sale of its services and subscriber t~,,sdnal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall also make available to the Grantor copies of all filings, reports and petitions to local, state, or federal regulatory agencies. 9 AGEI'~IDA LTEM,- AUG 5 1997 I 2 3 4 5 6 7 8' 9 Io II 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 7. Franchise - Not Exclusive This Franchise shall be non exclusive. The Grantor reserves the fight to grant franchises to other persons at any time or to contract with any other person for the use of the County Righ~s.-of Way or property for the operation of other Cable Systems. If Grantor grants or modifies any overlapping cable television service franchise within its jurisdiction and the terms and conditions imposed therein are less burdensome or more favorable than those required in any existing franchise, the Grantor shall concurrently modify ali applicable existing franchise obligations to reflect such !ess burdensome or more favorable terms and conditions in the fi'anchised geographic area. Section 8. No-Waiver 8.1 The failure of the Grantor, upon one or more occasions, to exercise a right or to require compliance or perfo,q'nance under this Franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such Hght has been specifically waived in writing. 8.2 Section 9. Waiver ora brcach of this Franchise or any section of Chapter 30 of the current Collier County Code shall not be a waiver of any other breach. Neither thc grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental Hght or power of the County. Regulation 9.1 The County Commission shall be vested with the power and authority to reasonably regulate the exercise of thc privileges permitted by this Franchise in the public interest. Any failure by the Grantor to promptly enforce compliance with this Franchise in accordance with Federal, State and Local laws and ordinances shall not relieve Grantee of its obligation to comply with any provision of this Franchise. 9.2 9.3 9.4 07/25/97 The Grantee's rights, without limitation upon the County's regulalory authority, pursuant to the Communications Act of 1934, as amended, or any othe~ subsequent Federal or State Law, shall not be abrogated or otherwise limited. Following reasonable notice, the County reserves the right to inspect the installation and maintenance of the Cable System. The Grantee shall comply with all Federal, State and Local regulations, applicable to its Cable System, such as the National Electrical Code, National__El~e~.'cal_ l0 ~CEt.DA,J:TEM,~ A~J6 5'~7 I 2 3 4 5 6 ? 9 IO 11 12 14 15 16 !? 18 19 20 21 22 23 24 25 26 27 29 3o 3t 32 34 35 37 40 41 42 Section 10. 10.1 10.2 10.3 Section 11. 11.I 11.2 Section 12. 12.1 07/25/97 Safety Code, Fiber Optic Cable Installation Spec{ fications, 1987 (Telecommunication Industry Committee), traffic safety / lane closure rules and construction requirements promulgated by the County. Cable System Design and Construction Grantee recognizes and hereby agrees to commit itself to compliance with all aspects of the Social Contract and the Social Contract Amendment. Grantor recognizes and accepts that Grantee will upgrade its Cable System in compliance with the Social Contract and the Social Contract Amendment, in all areas of the County where it is economically feasible. The Grantee shall make available for the Grantor's inspection all hybrid fiber coaxial (3tFC) system design maps for Grantor's review. Said review will take place on the premise of Grantee's place of business located within the County.. The Grantee agrees to satisfy all FCC technical requirements obligated for a cable system. Continuing Tests The Grantee shall perform all tests necessary to demonstrate compliance with the requirements 47 CFR 76 subpart K. Ail tests shall be conducted in accordance with the FCC's rules. All construction maps will be made available for the rev/ew of the Grantor no less than ten (I0) days prior to the commencement date of the upgrade. Said review will take place on the premises of Grantee's place of business located within the County. "As built" maps are considered proprietary and shall be made available to the County upon written request pursuant to an appropriate request for confidential treatment. Such maps should designate the location of Grantee's facilities. Government Access Provisions The Grantee shall set aside a total of two (2) channels of its transmission capacity for government access on the residential distribution system. The first of the two (2) channels is currently available. The second of the two (2) channels will be made available to the Grantor immediately upon its technical feasibility on, or before September 30, 1999, whichever comes fu-st. The County is obligated to arrange with the Collier County Public School System, and the Collier County Public School System only, for sharing the channel (s). II AGEUDA.ITEM' 'x /5- 1 2 4 $ 6 7 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 4O 41 42 43 07/25/97 12.1.1 12.1.2 12.1.3 12.1.4 12.1.5 The Grantor agrees to provide programming on the first of the two (2) channels to utilize formats limited to beta, ~ inch, digital technology or formats generally considered to bc technolog~cally more advanced. Specifically, the Grantor agrees to cease utilizing ½ inch tape format (s) effective July i, 1998, as a format fi.om which pr'ogramrning will be cablecast. The Grantee agrees to pay the Grantor a one-time donation of $145,000.00 for the sole purpose ofpurchasing tetevision production related equipment to be used at the sole discretion of the Grantor. The Grantor agrees to provide and be responsible for all necessary maintenance personnel, at its expense, to acquire and produce programming through the use ofsuch facilities. The Grantee will have no responsibility for maintaining or securing equipment owned or operated by the Grantor or the Collier County Public School System. Government access prograrmning for the first of the two (2) channels will be made available immediately by the Grantor pursuant to Section 12.1. The Grantee shall provide, without charge to the Grantor, signal transportation for the first two (2) government access channels and shall be provided without charge to the Grantor from the point of origination (currently Third Floor, Collier County Administration BuildLng, 3301 East Tamiami Trail, Naples, Florida) to the Grantee's intercormection hub site located on Bor~ta Grand Road at the northwest comer of Exit 18 of Intel'state 75 for distr/bution on the Grantee's Cable System originating from the intercormection hub site. Government access signal transportation for the second government access channel will be at the sole cost (to construct and maintain) and expense of the Grantor from the point ofor/gination to the Grantee's prescribed intercormection hub site for distribution on the Cable System to Collier County Subscribers. Should the Grantor successfully negotiate with the Collier County Public School System (and the Collier County Public School System on/y) for the use ofeight (8) Instructional Television Fixed Service (ITFS) charmels. Grantee agrees to contribute a one-time conlzibution of $25,000.00 to go towards the Grantor's expense (s) related to the inst~llation and maintenance ofsaid Instructional Television Fixed Service 0'rFS) directing Grantor's (transmit) signal to Grantee's (receive) designated ITFS receive location located on Bonita Grand Road at the northwest comer of Exit 18 of Interstate 75. In the event the Grantor makes use of the Instructional 12 - AGEtIDA I'TEhI' .,. pg. 6 ? 8 9 10 il 12 13 14 15 16 17 Ig 19 20 2! 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 12.2 Section 13. 13.1 13.2 07/25/97 12.1.6 Television Fixed Service (ITFS) technology, Grantor is responsible for all maintenance related to delivering and maintaining adequate signal quality to the Grantee's interconnection hub site location. The Grantor shall be responsible for all programming cablecast on said channel (s). 12.1.7 The Grantee shall not be responsible for programming cablecast on said channel (s). The parties agree that any cost to the Grantee associated with providing these government access channel (s) and / or related sen'ices, facilities, and equipment under this Franchise, including w:'.'thout limitation, the amounts set forth herein are not part of the Franchise Fee, and fall within one or more ofthe exceptions to 47 U.S.C § 542. Institutional Network Provisions The Grantor and the Grantee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commercial communications by and betwe¢ .1 the Grantor's owned or leased facilities may be desirable. Therefore, the Grantor will have ninety (90) calendar days bom the time the Grantee provides written notification to confirm Grantor's interest to either lease or purchase fiber facilities from Grantee. Grantor and Grantee recognize that the ninety (gO) day period of time is a firm window of opportunity for Grantor to provide all necessary documentation to Grantee required by Grantee: ~ proceed with the project so Grantee may begin to administer the Institutional Network project on behalfofthe Grantor. Should the Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse Grantee for all expenses (labor and material) incurred for the placement and subsequent maintenance of said fibers at an amount not to exceed the amount permissible by the Federal Communication Commission (FCC). Grantor is responsible for mapping, designing and technical specifications as well as material specifications of Grantor's said Institutional Network needs. In the ~'vent the Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lease said fibers at terms and conditions acceptable to both Grantee, and Grantor. The construction and maintenance or lease of the Institutional Network will be governed ',y a separate contract to be negotiated in good faith between the Grantee and ,.3rantor upon notification from the Grantor that it plans to proceed with the project and has developed plans for utilization of the Institutional Network. Grantee ag:'ees to work in a cooperative fashion with Grantor and its agents while the Grantor designs and selects components necessary to im lerp,~ent its 13 AGEHDA R' F:~I~' AU$ 5 f~J7' 1 2 4 6 ? 9 10 II 12 13 14 16 I? 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 13.3 Section 14. Section 15. 15.1 15.2 07/25/97 applications relative to the Institutional Network and, if Grantor request, Grantee shall furnish terminal equipment at Grantee's cost, provided that the Grantee is reimbursed by Ihe GranR~r for said expenses at an amount not to exceed the amount permissible by the Federal Communications Commission (FCC). The parties acknowledge that the agreement regarding usage of the Institutional Network is subject to all Local, State, and Federal Law. To the extent pemdtted by law, the Grantor or public agency agrees to indemnify and hold harmless the Grantee from and against any and all claims, damages, liabilities, costs and expenses, including reaso_n,a_ble attorney's fees and costs directly related to the material under the Grantor s or public agency user's exclusive control carried on the Institutional Network, including but not limited to, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Assignment (a) Ti,is Franchise or control thereof shall not bc transferred or assigned without thc prior written approval of the Franchise Authority, wMch approval shall not be arbitrarily or unreasonably withheld or delayed. Co) For purpose of this Section, a transfer or assignment of this Franchise or control thereof between commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a transfer or assig~ent. Control shall mean majority (over 30%) voting control of the Franchisee. An a:filiated company is one that directly or indirectly or through one or more intermediaries, controls, is controlled by or is under common control with another person or entity. Remedies In addition to any other rights set out elsewhere in this Franchise, and subject herein, the Grantor reserves the right to declare a forfeiture of this Franchise, and all of Grantee's rights arising hereunder, in the event that: 15. I. 1 The Grantee is found by a court ofcompetent jurisdiction to have violated any material provision of this Franchise; or 15.1.2 The Grantee is found by a court of competent jurisdiction to have practiced any fraud or deceit upon thc Grantor. The Grantor shall give Grantee thirty (30) days written notice of its intent to 14 AUG 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 16, exercise its fights under this Section, stating the reasons for such action. If Grantee cures the problem within the thirty (30) days notice period, or if the Grantee initiates substantial effort to remedy the stated problem and the efforts continue in good faith, then the Grantor shall not have the fight to declare a forfeiture of the Franchise. If Grantee fails to cure the stated violation within the thirty (30) days notice period, or if the Grantee does not undertake efforts satisfactory to the Grantor to remedy the stated violation, then the Grantor, upon reasonable notice, may impose any or all of the remedies available herein. Expiration and Renewal Renewal of this Franchise shall be governed by applicable State and Federal Law. Section 17. Confidential Information Grantee may identify information, such as trade secrets, submitted to the Grantor as confidential. Grantee shall prominently mark any information for which it claims confidentiality with the word "Confidential" in letters at least one-half (½) inch in height, prior to submitting such information to the Grantor. Grantee may request the Cn'antor treat records containing trade secrets or proprietary information as confidential under The Florida Public Records Law. To the extent authorized by The Public Records Law and other applicable State and Federal law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor receive a request to review Grantee's records or books under the Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 18. Forum for Litigation Any litigation between the Grantor and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Collier County Court having jurisdiction thereof, or ifin the federal courts, in the United States District Court for the Southern District of Flofida. Section 19. Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: 07/25/97 15 A G,~,~DA,,.I'REM · AU6 5 'L,,O97' 5 6 7 10 !1 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 2~ 31 32 ~6 4O 41 42 43 If to the County: With a copy to: County Administrator Collier County 3301 Tamiami Trail East Naples, Fl 34112 Franchise Administrator Collier County 3301 Tamiami Trail East Naples, FI 34112 If to the Grantee: Vice President MediaOne 301 Tower Road Naples, FL 34113 With a copy to: Senior Vice President Southeast Region MediaOne 7800 Belfort Parkway Sacksonville, FL 32256 Section 20. Severablllty Ifany section, subsection, sentence, clause, phrase, or otber portion of thls Franchise is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority ofcompetent jurisdiction' such portion shall be deemed a separate, dis6ncg and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis ofage, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divestiture This Franchise shall not divest the County of any right or interest in the Rights-of-Way. Section 23. Financial Stability Grantee will provide Grantor, on an annual basis, a current financial annual reoort and FORM 10-K to satisfy requirements of Grantee's credit worthiness. ' 07/25/97 16 AGENDAJ.Tr~,~..~ ~ ~'.,,-,._ /.z (c/(6J AU6 5 Lq? O23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 Section 24. Remedies - Cumulative t 2 3 Ail remedies provided under this Franchise Agreement or Chapter 30 of the current Collier 4 County Code shall be cumulative, unless otherwise expressly stated. The exercise of one remedy S shall not foreclose use ofanother, nor shall it relieve the Grantee ofits obligations to comply 6 with the Franchise. Remedies may be used singly or in combination; in addition, the County may 7 exercise any rights it then has under applicable law. 9 Section 25. Books and Records - Inspection 10 11 The Grantor may inspect the books, records, maps, plans, and other documents, including 12 financial documents, in the control or possession of the Grantee: (1) to enforce the Grantor's rights or assess compliance with the Franchise and applicable law; (2) in the exercise ofany 14 lawful regulatory power;, or (3) as may be convenient in connection with any proceeding the Grantor may or must conduct under applicable law with respect to Grantee's Cable System. The material may be duplicated at a County facility unless the County agrees to inspection and 17 copying at some other place. Material that the Grantor requires Grantee to produce under this 18 Section shall be produced upon reasonable notice, no later than 30 days after the request for 19 production. Requests for extensions of'time to respond shall not be unreasonably denied. 20 21 Grantee may request that the County treat records contair,.ing trade secrets or proprietary 22 information as cordidential under the Florida Public Records Law. To the extent authorized by the Public Records Law and other applicable State and Federal Law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor receive a request to r~view Grantee's records or books under the Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a cou~ order to protect its proprietary information. Section 26. Books and Records - Reports and Responses to Questions 26.1 Grantee shall provide the following reports to Grantor. 26.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form similar to attached Exhibit A; 26.1.2 Grantee shall file with the Grantor any notice of deficiency, forfeiture, or other document issued by any state or federal agency which has instituted any investigation or civil or criminal proceeding naming the cable system, the Grantee, or any operator of the Cable System, to thc ~tmt the same may affect or bear on the operations of the Grantee's Cable System. 26.1.3 The Grantee shall file with the Grantor any request for protection under 07/'25/97 Bankruptcy laws, or any judgment related to a declaration of bar ~kr~-ptcy by the t7 A GEND,A, AT~M ~ AUG 5 L~? 1 2 3 4 $ ? 8 I0 I1 12 13 14 tS 17 Ig 21 23 24 25 2~ 27 3! 32 33 35 Grantee, any a~liate which consols or manages the Grantee, or an), operator of the Cable S~tem. Section 27. Books and Records- Maintenance In addition to repons r~uired by this Franchise, thc CTrantee shall maintain records of'FCC of performance. Section 28. Inspection of Plant Thc Grantor may inspect the Grantee's Cable Syst~n during com~:ruction, and anytime th~caftcr upon reasonable notic~ to the Grantee. I~, based on subscriber complaints or its own investigation, the Grantor believes that the Cable Syst,:m may not be operating in compliance with thc Fnmcl~se Agreement or applicable Federal rules, it may r~quire Grantee to p~orm tests, prcpa.re a r,:port and present to the Grantor the r~ults oftMse t~sts. Thc Grantee shall report each deficiency and t~c prompt action to rer~edy iL Section 29. Insurance 29.1 29.2 Witl~ ~ (30) days after the effective date of the Fra~chke, Grantee shall provide proof of the r~uired insurance. The Grantee shall maintain this inrarance throughout the franckise teim. Insurance shall include in tmounts not les~ than those prov~d~l by CI~ 30 § 36 of the cun~t Collier County Code. The insm'ance coverage obtained by this Grantee in compliance within this Section shall be approved by the County's Risk Manag~nent Office and c~rtificates o£ insurance shall be filed with the County. Section 30. Emergency Alert The Grantee shall install and maintain an emergency alert system [FA.5] pursuant to FCC's rules and regulagons md the Florida Emergency Alert System Plan. Section 31. Service to Public Bufldfn~s :t7 fee~. Cli0' '9 of ~s ~ distribution system; pmvid .... tifty ~8 ~ conduit is provided by the ,.,,,,..~ .... 3~""' m,~,thstitndequate · "'l"~'~.mS puouc agency, Grantee shall upon request, ~ provide serrice to publi~ buildings within two Ir, malted fifty feet (..2io, `9 of Grmtee,s 41 Commnnicatiom Services lo such public buildings shall be ~t Grantee,s cmTent rate. Any 42 services which are provided wM~eut charge to any Public Building. neither the Grantor nor any 43 Oth~' pea'son may resell such ser~ce~ Notw~ng any arrangement to t~ntrary un, er 07/'25/97 !1 AGENDA,gT~',~. AU$ 5 I~?' 1 4 $ 7 i0 12 13 ~4 17 t8 2O 21 22 O23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 £ormer franchises, the Grantor shall pay the Grantee's current rate for Cable Service and Other Communications Services used by the Grantee as well as all other charges and non-recurring charges for installation and other serviceable £acilities associated with Cable Servfce. Section 32. Four Year Review: Performance Monitoring 32.1 During the years which commence on the fourth anniversary or any multiple thereafter, o£ the effective date of the Franchise, the Grantor may commence a review of'Grantee's performance under the Franchise. As part of this review, the County may consider: a) whether the Grantee has complied with its obligations under the Franchise and applicable law; 32.2 b) whether customer service standards, technical standards, or bond or security fund requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the Grantor, or the public. The Grantor may conduct public hearings to provide the Grantee and the public the opportunity to comment on the Grantee's performance and other issues considered as pan of the four-year review. 32.3 Any revisions to this Franchise Agreement which either the Grantor or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 32.4 Periodic Evaluation, Review and Modification. 32.4.1 The Grantor and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term oft/frs Franchise. Therefore, in order to provide for the maximum degree of flexibility in this franchise, and to help achieve a continued, advanced and modem Cable System, the following evaluation and rodew provisions will apply: a) The Grantor may, upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, there shall not be more than one (I) evaluation and review session during any four (4) year period. 07/25/97 b) Topics which may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, the system ~q'ormanc. e, AGEk,~DA I'REM · AUG 5 Lq97 I 2 3 4 6 7 8 9 ~0 11 12 13 14 16 17 32.4.2 18 ~9 2O 21 22 23 24 25 Section 33. 26 27 33.1 28 29 30 31 33 33.2 34 39 40 41 42 07/25/97 programming, educational and government access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the Grantor or Grantee may deem relevant. c) d) During an evaluation and review session, Grantee shall cooperate fully with the Grantor and shall provide without cost such reasonable information and documents as the Grantor may request to perform the evaluation and review. As a result of an evaluation and review session, the Grantor or Grantee may determine that a change to the system or in the terms ofthe Franchise may be appropriate. In that event, either the Grantor or Grantee may propose modifications to the system or the Franchise. Grantee and the Grantor shall, in good faith, review the terms of the proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or amendmenL The Grantor and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party changes in the system or amendment to the Franchise when the change or amendment is not inconsistent with the other ttTms of the Franchise, or with applicable law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the fights and duties of the parties under the Franchise. Conflict with Current Collier County Code Thc provisions ofthe current Collier County Code, are hereby incorporated herein by reference as ifset out in full, and form pa:t of the terms and conditions of this Agreement. In the event ofany conflict between the terms and conditions of this Franchise and the provisions of the current County Code the terms of this Franchise shall preva/l. ' The Grantor has examined the current Collier County Code and finds certain provisions unnecessary in view of the renewal status of the three franchises. Therefore, the Grantor elects to waive the applicability to Grantee during the te, a ofthis franchise ofthe sections: ( a ) S~c. 30-42 (0; ( b ) Sec. 30-54: ( ¢ ) Sec. 30-61. 2o AGENDAJTI[I~. ,~ ] AUG 5 L~? O I 2 4 $ 6 ? lO I1 12 13 14 I$ ~6 17 2O 21 22 23 24 25 26 27 28 3o 31 32 33 36 37 3~ 39 41 42 43 Section 34. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under the law unless exprcssly waived herein. Section 35. Acceptance of Franchise Within thirty (30) calenda~ days following the grant of this Franchise, the Grantee shall file with the Grantor payment, if applicable, relating to Section 12.1.2 required herein, together with a certificate of insurance required herein. The Grantee shall state that it agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. Such acceptance and agreement shall be acknowledged by the Grantee before a notary public, and shall in form and content be approved by the County Attorney. Section 36. Grant This non-exclusive Franchise is granted by the County to MediaOne Enterprises, Inc., pursuant and subject to the conditions and requirements provided by Chapter 30 of the Collier County Code and ~plicable Federal, State and Local laws, rules and conditions. This Franchise bestows upon Grant~ the authority to construct, maintain and operate a cable system, utilizing the PJghts-Of-Way, to offer Cable Servic~ and Other Communications Scr,,4ces within thc County. Section 37: Effective Date This Franchise Agreement shall take effect immediately upon adoption. Passed and adopted on this 29" day of Suly, 1997. IN WTI'NESS WHERF~F, the undersigned have caused this Agreement to be executed. ATTEST: Dwight E. Brock BOARD OF COUN'I~ COMMISSIONERS COLLIER COUNTY, FLORIDA D~uty Clerk Timothy L. Hancock, Chairman 07/25/97 21 AGEI~,'DA.ITE~ · AU$ 5 lg~7 Pg. i 2 3 4 $ 6 7 9 10 I! 12 14 15 16 I7 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ~4 35 36 37 ACI~OWLEDGEI~iENT: MediaOne Enterprises, Inc., hereby agrees to be bound by and to comply with all requirements pursuant to ~c provisions offl~is Franchise Agreement. By: Kenneth L Fuchs Vice President corp-seal State ofFlori~ ) County of Collier ) ATTEST ATTEST The foregoing Fr'a. nchise Agreement was acknowledged before me this 29* day of Suly, 1997, by _, who produced a Florida Driver's License # NOTARY PUBLIC Approved as to form and legal suffici~ 4~ By:. C. Palmer 42 Assistant County Attorney 43 07/25/97 as identification. AGENDAv'ITEM -, AUG 5 I,~7 I 2 4 6 7 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 25 29 30 31 32 ~3 35 ~6 37 3[ 3~ 41 42 Exhibit A Monthly Franchise Fee Reporting Schedule Cable Operator Addres~ Contact Person Title Accounting Department Phone Sub,tiber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Service Pate 1.3 CPST Average Sub.Units 1.4 CPST II Rate 1.5 Pren~im Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Dimey Service Rate 1.9 Installation Average Completiora 1 .I0 Inmllation Average Rate 1.11 Complimentary Accounts 1.12 Penetration Statistics 2.1 Total Hom~ Passed 2.2 Basic I Penetration Units 2.3 CPST Penetralion Units 2.4 Premium Service Penetration 2.5 Disney Service Penetration %-age 2.6 Chum: Average %-age Gross Revenue Detail Itemization Code 3.0 Cable Television 3.1 Bmic I 3.4 Showtimc 3.5 HBO 07/25/97 Date: / / . AGENDA r, rEMt' '~ I 3.6 Disney 2 3.7 The Movie Channel 3 3.5 Pay Per View 4 3.6 FM Radio S 3.7 Converter Rental 6 3.8 Remote Control ? 3.9 Cable Guide B 3.10 Launch Fees 9 3.11 Program Carriage Fec~ 10 3.12 11 12 4.0 A/O Scr~c~s 13 4.1 Basic I 14 4.2 CPST II 15 4.3 Premium 16 4.4 Showtime I? 4.5 HBO lB 4.6 Disney 19 4.7 The Movie Charnel 20 4.5 Pay Per View 21 4.6 FM Radio 22 4.7 Converter Rental 23 4.8 Remote Control 24 4.9 Cable Guide 2s 4.10 Launch Fees 26 4.11 Progra~ Carriage Fees 27 4.12 5.0 Service Charge 30 5.1 Installation 5.2 MB Switch Sales 5.3 Up/Down Grades 5.4 Late Payment Fees 5.5 Check Return Fees 35 5.6 6.0 Commercial 37 6.1 Bulk (MDU) 6.2 Contract 6.3 4o 6.4 41 42 7.0 Advertising 43 7.1 Conuve~al Inse~on 07/25/97 24 ~r ~!G E/'~DA,'ITEM· ~ 1 4 7 $ 9 10 11 12 14 17 ~$ 19 20 21 22 23 24 26 27 28 29 3O 31 32 33 35 36 37 38 7.2 Bart~ Agreements 7.3 Home/Auto SciI~'~ 7.4 8.0 Shopping ChanneL'~ 8.1 HSN 8.2 Qvc 8.3 8.4 9.0 Vidco Production 9.1 9.2 I 0.0 Leased/Rentals I 0.1 L-A Channel 10.2 Faciliti~ 10.3 10.4 !0.5 Code R~vcnuc-Souree 11.0 Miscellaneou~ 11.2 Reimbursement for Cable Damage 11.3 Equipment Sal~s 11.4 Launch Ineentivea 11.5 11.6 SUBTOTAL FRANCHISE FEE TOTAL 07/25/97 25 AU$ 5 ~gf EXECUTIVE SUMMARY PETITION CCSL-97-2, WILLIAM L. HOOVER, AiCP, OF HOOVER PLANNING SHOPPE, REPRESENTING THE VANDERBILT BEACH MOTEL; REQUESTING A COASTAL CONSTRUCTION SETBACK MNE VARIANCE TO ALLOW FOR CONSTRUCTION TO ENCLOSE THE FIRST FLOOR OF AN EXISTING STRUCTURE FOR TWO MEETING ROOMS (ONE WiTH BAR), MOTEL OFFICES, STORAGE ANO RESTROOMS, LOCATED AT THE VANDERBILT BEACH MOTEL, LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1,SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. .OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Vadance of approximately 100 feet to enclose the first floor of an existing structure to build meeting rooms (one with lounge), motel offices, storage and rest rooms; extending a terrace seaward of that building, out approximately 122 feet beyond the CCSL (See Exhibit A). CONSIDERATIONS: The subject property is located on the west side of Gulf Shore Ddve approximately one- quarter of a mile north of Vanderbilt Ddve. The petitioner proposes to enclose the first floor of one of three buildings existing on this parcel. The structure has been in existence for several years and has had no adverse effects on the shoreline along Vanderbilt Beach. Tile improvements to the building are all seaward of the CCSL but landward of existing structures and improvements (See Exhibit B). The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13. as amended. FISCAL IMPACT: Appro~.~l of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEME AUG 0 5 1997' · PI, L N'r) 11.4 Until the Coastal Barrier and ~ Sy, iern Management Plan is adoptad (ObJect~ 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of devek~xTmn! and which l'mlp ~ ~ restoraOorl of tl~ nal~ml ~r~io~s of coastal berde~ and POLICY 11.4.4 Require dune stab~T~.aflon and restoration improvements in land deveYapmer~ p~ects along beach areas. 11.4.5 Ini~Jata and support beach and dune ms~ration and Preservation programs where appropriate. 11.4.5 Require native vegetation as ~ndscap/ng In developed act~ties in developed coastal barrier systems and on the beach ar~:l dune systems. The proposed variance i.~ consistent with applicable provisions of the Growth Management Plan. 2. o HISTORICIARC HAEOLOGiC~~ Staff's anah/sis indlcatas fl',at lhe ~r's property is not located within an area of historical and archaeological probability as refemr~.ed on the official Collier County Probability Map. RECOMMENDAT10~ Staff' recommends approval of Petition No. CCSL-97-2 subject to the fo~lowing stipula~)ns: 1. AJI proposed improvements shall be desigr~J in accordance with the standards of the Florida Department c,f EnHronmanfal Protection (FDEP) Division of Beaches and SIx)r~ and an approved FDEP permit shall be obtained, and Construction actMt~ee shall not occur within one hundred (100) feet of the sea 3.10, between May 1 - October 31, sea tJrtle nesting season, ~ first su~ and obtaining FDEP and Collier County CenstructEm in Sea Tur~e Nes g Aree Petitioner shall notify Current Planning Envtn3nmental Staff one week prk~ to hundred (300) feet of the high ~ line, shall 13e in comprance with Division 3.10 Pefll~3ner shall utilize only naltve coastal dune vegeta~on for all on-stta JU FJ97 6. Petitioner shall re-vegetate the beach imn~diately seaward of the existing sea wall with coastal dune vegetation. 'l'he m-vegetation shall be compleled, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-2 (including changes in slang and structures) may be approved, in writing, by the Planning Services Director or his/her designee. PREPARED BY: CURRENT PLANNING SECTION REVIEWED BY: DA'i~E RbB~RT J. MULHERE, AJCP, MANAGER CURRENT PLANNING SEC'nON D~TE VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVlCES DMSION AUG 0 5 1997 · P~. ~ EXHIBIT AUG 0 5 199~' P,. ~ EXHIBIT NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 51 52 53 55 57 59 6O 61 62 63 RESOLUTION NO.9?- P~'HHON APPOVING WITH CONDITIONS PETITION CCSL-97-2 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION TO ENCLOSE THE FIRST FLOOR OF AN EXlSI~NG STRUCTURE FOR TWO MEETING ROOMS (ONE WTTH BAR), MOTEL OFFICES, STORAGE AND RESTROOMS, LOCATED ATTHE VANDERBILT BEACH MOTEL, LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNFr NO. 'I,SECTION 32, TOWNSHIP 4S SOUTH, RANGE 25 EAST, COLLIER COUNTY, Fi- WHEREAS. William L. Hoover, AICP~ of Hoover Planning Shoppe. representing the Vanderbilt Beach Mote~; requests a variance from the Coastal Construction Setback Line (CCSL) as required by Coflier County Ordinance No. 91-102 Division 3.13. as amended. Io allow construction, to enclose the first flco¢ of an existing structure, to build meeting rooms (one with lounge), motel offices, stc,'age and rest rooms (See Exhibits A and B}; and WHEREAS. the proposed slructure wil~ exter, d approximaleh! one hundred feet seaward of the adopted CCSL; and WHEREAS. a proposed lerrace will extend seaward of that building. approximately 122 feet beyond the CCSL; and WHEREAS, the subject property is located orr the west side of Gulf Shore Drive approximately one.quarter of a mite north of Vanderbilt Drive; and WHEREAS, the petition is consistent with the Collier County Land Developmenl Code Division 3.13, as amended; and WHEREAS. Ihe peUtion Is consistent with the Collier County Growth Managemenl Plan - Conservation and Coastal Management Element. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Variance Petition CCSL- 97-2 be approved, subject to the following conditions: 2. .*~ proposed improvements shaft be deslgr~d in accordance with the standards of the Florida Department of Environmental Protectk:~ (FDEP) Division of Beacfles and Stxx'es end an approved FDEP permit shaft be oMalned, and copies provided, prio~ to issuance of a Collier County Bm'ldlng Pem'~ Construction activities shall not occur witt~ on~ hundred (100) feet of ~ sea "~le nesting zone. defined by Colfier Cou~ty Land Development Code Divisio~ 3.10, between May 1 - October 31. sea turtle nestlr~ season, wltho~ first submitting arm obtaining FDEP and Collier County Constmctioo in Sea TudJe Nesting Area AUG 0 5 1997 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 51 52 53 DONE AND ORDERED this 1 3. Petitioner shaft notify Currenl Planning Envtronmenlal Staff one week prior to 2 commencfng work seaward of the CCSL end shall again contact Staff within one 3 week following completion of work seaward of lhe CCSL 4 5 4. Outdoor lighting associated with conslruction, or developmenl within three hundred 6 (300) feet of Ihe high lide line, shall be in compliance with Division 3.10 of the 7 Collier County Land Development Code. 8 9 5. Petitioner shall utilize only native coastal du~e vegetation for all on-site landscaping 10 beyond the 1974 Coastal Coflslruction Control Line. 11 12 6. Pelitioner shall re*vegelata the beech immediately seaward of the exisUng sea waft 13 with coastal dune vegetation. The re-vegetatior~ shall be completed, according to a 14 plan subrnitled Io and approved by Collier County Curt'ant Planning Environmental 15 Staff, prior ~o the issuance of a Cerfiflcale of Occupancy. 15 17 7. Petitioner shall install appropriale signs In the re-vegetation area indicating Ihal 18 beach users are requested not Io intrude into this re-vegetation area. 19 20 8. Minor revisions to Coastal Construction Setback Line Variance CC$L-97-2 21 (including changes tn siting and structures) may be approved, in writing, by Ihe Planning Services Director or his/~er designee. This Resolution adopled after motion, second and majority vote favoring same. day of. ,1997. BOARD OF COUNTY COMMISSlOI'~ERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY L. HANCOCK, Chairman Approved as to Fo~n and Legal Sufficiency:. H~idi Ashl~ - - -- Assistant County Attorney cc~J-97-2 AG[ND.A JT£M, .o. AUG 0 $1997 I-" ,i, .lt..'r.I HI RX~I EXECI. ITIVE SUMMARY PETITION NUMBER FDPO-97-1, MR. WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING SHOPPE, REPRESENTING VANDER~li,T BEACH MOTEL, REQUESTING A 4.1 FOOT VARIANCE FROM THE MINIMUM REQUIRED BASE FLOOD ELEVA'IION OF 13 FEET NGVD TO 8.9 FEET NGVD FOR PROPERTY LOCATED AT 9225 GULF SHORE DRIVE NORTH, COLLIER COUNTY, FI.~RIDA ~~ To have the Doard of County Commissioners hear and approve or deny a request by William L Hoover, AICP, of Hoover Planning Shoppe, representing Vanderbllt Beech Hotel, for a 4.1 foot variance from the minimum required base floo0 elevation of 13 fee~ NGVD to 8.9 feet NGVD for propert7 located at 9225 Gulf Shore DHve North. CONSIDERATIONS: The petitioner is requesting a 4.! foot variance from the required 13 foot flood elevation as established by the Federal Emergency Management Agency (FEMA). This request is to enclose an area located below the existing building to be utilized for storage, restTooms, meeting rooms, and an area to be used to serve catered meals to motel gues~,. The subject structure, the Vanderbllt Beach Hotel, is located at 9225 Gulfshore Drive No. and has been operating at this location since I951. it is a two story facility with the ground floor being an open area currently used for storage, shelter, and other various uses. The property owner deslr~ to enclose the open area for the uses described above. location: The property Is specifically described as Connors Vanderbilt Beach Estates, Unit l, as recorded In Plat Book 3, Page 8, of the Public Records of Collier County Florida. Pt.~ysical Description of lot:. The Vanderbllt Beach Hotel is a platted and Imp,-oved lot of record. The existing ground elevation is approximately 8.5 feet NGVD. The Hotel contains three buildings with a Iz~al of 50 units. De. scripUon of Surrounding Area: The area consists primarily of mulU-family residential dwellings with some commercial propelty. The specific descripUon is as follows: North: South: East: West: Hotels, Time Share Units; condominiums, Shops Motels, Ughthouse Restaurant, and the L~ay Gulf of Mexico No. AUG 0 5 1997 PI. Elevation Data: Elevation required by FDPO: 13.00 feet NG'VD. Elevation requested by the applicant:._8.90 feet NGVD. Amount of variance requested: 4.10 feet NGVD. Exlstlng ground elevation: 8.50 feet NG'VD. The Flood Damage Prevention Ordinance (Ordinance 87-80 as incorporated by reference into the Collier County Land Development Code, Ordinance 91-10;2) allows enclosed space below the flood elevation level to be used for parking of vehicles, building access, or storage. A variance may be granted for other uses, only if: the request is determined to be the minimum necessary to afford relief; the request demonstrates a land related hardship; the request shows good and sufficient cause; the failure to grant the request would result in exceptional hardship; and, the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Description of Request: The applicant Is requesting the 4.1 foot variance from the required 13.0 feet NGVD in order to enclose the open area beneath the structure. The enclosure would be used for storage, meeting rooms, bathrooms, and an area to serve continental breakfasts. Analysis: Staff has forwarded this petition to all necessary review agencies and their comments have been Incorporated into the analysis and recommendation. [n reviewing a variance, the Board of Zoning Appeals shall consider all technical evaluations, all retevant factors, and standards specified within the Flood Damage Prevention Ordinance and criteria 'a' through '1" listed below. a. The danger that materials may be swept onto other lands to the Injury of others: This property, by proximity to the Gulf of Hexlco, is located in an area vulnerable to tropical storms and hurricanes. This property is located in an AE flood zone in which base flood elevations have been determined. Although break-away construction is not required in an AE Rood Zone, there is always the potential, given a catastrophic storm event, for materials to be swept away. The likelihood of damage to adjacent properties as a result of this Is certainly minimized by the fact that adjacent development adheres to the current FDPO and building code standards. According to Collier County Emergency Hanagement Director, Hr. Ken Pineau, a landfalling category 2 hurricane could produce storm surge heights of eight feet which is higher than the existing sea wall and could potentially cause damage to the subject structure. 2 AUG 0 5 1997 · P~o AGE~DA. [TF..,M. · _ The danger to life and property due to flooding or erosion damage: If approved, the variance will not Increase or exacerbate the danger to life and property due to flooding or erosion damage during a catastrophic storm event. The proposed area of enclosure Is situated on the Gulf side of the existing structure where storm surge may occur. The building code allows standard construction material for an AE flood zone. This would a~low for flood proofing, as designed by a professional engineer, to be employed. This would negate the need for the variance and would reduce the potential for damage to the structure as a result of flooding. The applicant has been made aware of this optlon and has made inquiries as to the cost of such improvements. The applicant indicates that the cost of flood proofing an existing structure such as this is extremely prohibitive and constitutes an exceptional hardship. C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the Individual owner: The susceptibility of this structure and its contents to flood damage is not significantly greater than for other structures similarly located in close proximity to the gulf. Flood proofing or break-away construction would certainly reduce the potential for damage and destruction; but, ultimately, the property owner will bear the cost of such damage, either in the form of Increased insurance costs or replacement costs should insurance coverage not be available. The importance of the services provided by the proposed facility to the community: The property has been developed since ~.978 with multi-family high-rise and other motels alongside. The Improvements are requested in order to improve the quality of services offered to motel guests and to make the business more competitive. The necessity to the facility of a waterfront location, where applicable: Whereas this facility Is located on a waterfront property, the proposed Improvements have no bearing to this request; except for the economic advantage of a resort hotel on the beach. f. The availability of alternative location, not subject to flooding or erosion damage, for the proposed use: This cHterta is not applicable as this is an existing facility. An alternative location is not feasible. 3 AUG 0 5 1997 g. The compatibility of the proposed use with existing and anUdpated development: This area is developed with multi-family, timeshare, and transient lodging facilities. The subject motel Is compatlble with development In the area. h. The relationship of the proposed use to the plan and flood plain management program for the area: The proposed use is accessory and Incidental to the principal use as a motel, for which no change is proposed. i. The safety of access to the property In times of flood for ordinary and emergency vehicles: Access to the site is gained as long as Vanderbilt Drive remains accessible. The requested variance will not impact the safety of emergency personnel when accessing the property in times of flood. j. The expected heights, velocity, duration, rate of r'se and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site: This property is located in an area vulnerable to tropical storms and hurricanes. Although this property is in an AE flood zone (Base flood elevations determined) it should b~ noted that 200 feet to the west of this proposed project lies a YE zone (coastal flood with hazard wave action; base flood elevations determined). Zn the YE flood zone category, all construction below the determined elevation must be made of breakaway material In order to permit the storm surge to flow freely thus minimizing damage to the main structure. According to Collier County Emergency Hanagement Director, Hr. Ken Plneau, a landfalllng category 2 hurricane could produce storm surge heights of eight feet which would dse over the exisUng sea wall. k. The costs of providing governmental #rvlc.; during and after flood conditions including maintenance and repair of public uUIities and fadlifles such as sewer, gas, electrical, water systems, street and bridges, and: The granting of this variance will not change the cost of providing governmental services from the present condition. i. Variances shall not be Issued within any designated floodway if any Increase In flood levels during the base flood discharge would result: There are no designated floodways within Collier County. Findinos: All agencies have responded with no objections with the exception of Hr. Ken Pineau, Director of Emergency l~lanag~.ment, who has recommended that this variance be denied due to the potential storm surge.- (see attached memo). A~,..-, ,~.- , [. 4- .... The insurance ratings for residents of Collier County are based on many factors. One such program in the CRS/[SO (Community Risk Services/insurance Services Organlzatlon). This program addresses different aspects of the Building Review and Permitting Department. Another program Is relative to flood insurance premiums that are required by most insurance companies. This program is offered by the Federal Emergency Management Agency (FEHA) and is known as the Community Rating System (Ci~S). Each county is rated by criteria set forth by the Federal Government. Collier County received its first reduction in the flood Insurance (5%) for the citizens of Collier County In ~.993. Since then, additional requirements have been met and the County received a class 7 rating which translates to a 15% reduction in the flood insurance premiums paid by the citizens of Collier County. Annually, Collier County receives an audit from FEHA to determine progress made. One item evaluated is variances submitted and approved within the year. Additional programs that contribute to the success of the Program include: Maintaining Elevation Certificates; Providing Hap Znforrnatlon; Providing a Flood Protection Library; Doing Stormwater Hanagement; Providing Flood Data Maintenance. GROWTH MANAGEMENT IMPACT.' None. This is an existing structure. FZ$CAL ]MPACT: There Is no fiscal Impact to the County Itself for the granting of this variance. However, there is the potential for an Impact to the residents of the County if the granting of this variance causes an Increase in insurance premiums. RECOMMENDA'FZON: Due to the lack of a land related hardship, staff recommends denial of this petition, it should be noted, however, that other than the potential negative consideration by FEMA which might be a result of approval of this variance, all other negative aspects will directly impact the property owner. These potential negative impacts include higher insurance coverage costs (if Insurance coverage is even possible) and, should no Insurance coverage be possible, the property owner bears the cost of replacement value resultant from damage or destruction caused by flooding. Staff does not believe that granting this variance will cause any greater risk to the health, safety, and welfare of the public during a catastrophic storm event than exists under current conditions. AG~D~ IT£M AU$ 0 5 1997 AG[ 'D ITEM Cus~om~' Service Agent Supervisor Ed Peric~ Building Director Date: APPROVED ,.~_ .~_~D.~ vincent ~. ~ut~ro ^dmmi~to-~ Community D~elopmcnt & Environmental Services Division 6 AUG 0 5 · P~. 330t E~TAMiAMI ...... ' ....... .-'? ~' ~ . :.~ ::~;:~:; !~: MEMORANDUM DATE: April 25, 1997 TO: FROM: cC.. SUBJECT: Robert Salvaggio Building & Permittlng~/~artment Ken Pineau, CEM ~ Emergency Management Director left Walker, Risk Management Director Vanderbilt Beach Motel (FDPO Variance 97-I) I have reviewed IT)PO Variance 97-1 for the construction of an enclosure at an elevation of 8.9 feet or 4.1 feet lower than that required by the Flood Insurance Administration in FIRM 0189E dated August 3, 1992. Although the building is not in a wave velocity zone, a YE zone lies less than 200 feet west of the proposed project. A landfaIling Category 2 hurricane could produce storm surge heights of 8 feet which would over top the existing sea wail and cause considerable damage. Hurricane Donna in 1960 produced nearly 12 feet of surge along Vanderbilt Beach. Based on the proposed use of this enclosure, e.g. offices, storage, rest rooms, meeting rooms and an area to serve continental breakfasts, it is doubtful if this can be accomplished with break away walls. The applicant has not proved that the denial ora variance would be an unnecessary hardship which is defined as: Loss of ail beneficial productive use Deprivation of reasonable return on property Deprivation ofall or any reasonable use Rendering property valfieless Based on the information provided by the applicant, I recommend that this request for variance be denied. If there are any questions, please call me at 774-8444. KFP/dw PICTURE I - SEAWALL AT THE REAR OF THE'SUBJECT BUILDING PICTURE 3 - AREA TO BE ENCLOSED LOOKING TOWARDS BEACH PICTURE 4 - AREA TO BE ENCLOSED AGE~ PICTURE 7 - SEAWATCH (BLDG 2N ON PLOT PLAN) PICTUR£ 8 - PHOENCIAN SANDS ON L., BEACHMOOR ON R. (BLI~ A(~EN~D& ITEM, AUG 0 5 1997 Pi. ~ PICTURE $ . VANDERBILT VACATION VILLAS (BLDG fN ON PLOT PLAN) APl Ii!ii I. Il, ~11 J,~ '1'" ~,p, ij illlJ I: ' -' Z RESOLUTION NO. 97- RELATING TO PETITIO~ FD~O-97-1 FOR A VARIANCE FRC)I*q THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORDINANCE NO. 87-80) AS INCORPORATED BY REFEREI~CE INTO THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 91-102). WHEREAS, the Petitioner, Vanderbilt Beach Motel, desires to enclose the first floor on an existing two story motel located at 9225 Gulf Shore Drive North, upon property more particularly described as set forth in Exhibit attached hereto and incorporated by reference herein; and I'~-[E~_.AS, said enclosure is to be constructed at an elevation of 8.9 feet (NGVD), thus necessitating a request for a variance of 4.2 feet from the minimum base flood elevation of 13 feet (NGVD) required by Ordinance Number 87-80, as incorporated by reference into the Collier County Land Developmen: Code (Ordinance No. 91-102); and WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; has reviewed Petition FDPO-97-1 in accordance wi:h Subsections 18(S), {6) and (7), Ordinance Number S7o80, as incorporated by reference into the Collier County Lar~ Development Code (Ordinance No. 91-102) and has made a finding that the granting of this petition complies with the intent and purpose of Ordinance Number 87-80 as follows: (1) The 4.1 foot reduction from the Flood Insurance Rate Map (FIRM) 13 foot National Geodetic Vertical Datum (NGVD) requiretaent to 8.9 feet National Geodetic Vertical Datum (NGVD) is the minimum variance necessary, considering the flood hazard, to afford relie~. (2) In passing upon th~s variance, the Board of Zoning A~peale has considered all technical evaluations provided to it, &11 relevant factors, the standards specified in Ordinance No. 87-80, especially those contained in Subsections 18 (7) ( . N(~, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OP COLLIER COUNTT, FLORIDA, that: Petitio~ FDPOo97-1 is hereby granted subject to th~ followincjconditions: The variance shall be for the 4.1 foot reduction of the M/hilum Base Flood Elevation required by Ordinance No. 8~-M ~ro~ 1] feet NGVD ~o 8.9 feet NGVD. The Chief Administrative Official shall mail a copy of tkisKeaoluticn to the Petitioner by certified mail return r~= requested and such mailing shall constitute co~l/ance with Section 18, {10) of Ordinance No. 67-80. 3. T~ granting of this variance by the Board of Zoning ~ does not make or imply any assurances that the ~e~-~ property or structures are not subject to flood 4. The ~ra~ting of this variance shall not create liability o= ~Le par~ of Collier County or by any officer or e=~e thereof for any flood damage that results from r~!{--~e on this variance or any administrative decision l~w!~lymade thereunder. S. I~-c__--$ting this variance, the petitioner assumes all rt~x~fJ3flity for any property damage resulting from its ~pLt=a=ion. T--e granting of this variance has been predicated pr~nc~a]/~on the engineering data and information provided by the P~----/~n~r and a review of same with respect to the consfde=-aE~ required by Ordinance No. 87-80. ~rW RESOLVED that this Resolution relating to Petition Number Pl~O-97-1 be recorded in the minutes of this Board. llW~Hesolution adopted after motion, aeco~d and majority vote. 1 $ & ,./ ! 10 11 ~0 21 Don-, day o~ 1997. ATTEST DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY0 FLORIDA TI~OTHY L. HARCOCK, CHAIP. Y. AR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~,~o~ M. STUDF.'~T ASSISTANT COUNTY ATTORNEY ---4 RECOM2iENDATION TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF QUAIL WE~T UI~IT ONE, REPLAT BLOCK B, AND APPROVE THE VACATION OF A PORTIO~ OF THE PREVIOUSLY RECORDED PLAT OF QUAIL WEST UNIT ONE REPLAT, PETITION AV-97-010 To approve for recording the final plat of "Quail West Unit One, Replat Block B", a subdivision of lands located in Section 7, Township 48 South, Range 26 East, Collier County, Florida, and approve the vacation of certain Special Preserve Easements as shown on the recorded plat of Quail West Unit One Replat. CON~IDERATIO~z The Board of County Comm/ssioners on October 2, 1992 approved the plat of Quail West Unit One, Replat Block B, with the stipulation that the plat not be recorded until the performance guaranty was posted. The required performmnce guaranty has now been provided. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quail West Unit One, Replat Block B". These documents are in compliance with the County Land Development Code .and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to constru · improvements. The security in th~ ............ ct~on_ of the cost of the r 4 ~_ - -,.~u u~ z~o~ OZ the tota~ equ-red improvements is being covered by constructio and maintenance agreement and a Performanc6 Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. A resolution authorizing the acceptance of these re-platted lands, and authorizing the vacation of those certain Special preserve Easements is attached. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Quail West Unit One, Replat Block B' be approved for recording and that a copy of the resolution be forwarded to the Clerk of Courts. FISCAL IMPACT z The fiscal impact to the County is none. The project cost is $184,276.70, borne by the developer. The Security amount, equal to 110% of the project cost, is $18,427.67 to be UG051997, / Executive Summary Quail West Unit One, Replat Block B Page 2 ~"ne County will real£ze revenues as follows: Fh[nd: 113 Agen~f: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4,187.15; $3,237.15 was paid in September, 1992 and is reflected in the Executive Summary of October 2, X992; $950.00 was paid in June, 1997 as plat review and vacation fees. The Concurrency Waiver and Release relating to conditional approval has be~n reviewed and approved by the County Attorney,s Office for the project. That the Board of County Commissioners approve the Final Plat of "Quail West Unit One, Replat Block B" 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 "Quail West Unit One, Replat Block 3. Authorize the Chairman to execute the attached construction and maintenance agreement, and Resolution. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5. Authorize the Clerk of the Circuit Court to make proper notation of this action upon the previous plat. Executive Summary Quail West Unit One, Replat Block B Page ~ PREPARED BY: ohn R. H0u~dsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas ~o Kuck, P.E. Engineering Review Manager · Donai~W~Arnold Plarmin~q~ Services Director Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH/ew Date Date Date Date AUG 0 5 1997 LOCATION MAP CONSTKUCTION AND MAIN'rf~ANCE AGKEEMENT FOR. SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOP. SUBDMSION IMPROVEMENTS ~atcr~i into this day of , 19__ bctween Quail West, Limitexl, hereinafter referred to s.s "Developer", anii the Board of County Commissioners of Collier County, Florida, her~m/ter rd'erred ~o ~ the "Bom:r'. KECTr,~J~ A. Developer has, simultaaeously with lh~ delivery of this Agr~emeat, applied for the approval by thc Board o£~ certain plat of~ subdivision ~ be known as: Quail West, Unit O~¢, Replat Block B B. Division 3.2 of thc Collier County Land Development Code requh~ thc D~v¢loper to post appropriat~ guarant~es for the constm~on of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agrccmcnt for thc construction of the required improvements. NOW, 7I-iERI~ORE, in consideration of the foregoing p,~mlses and mutual covenants hereinafter set forth, Developer and the Bo/u-d do h/a'=by coveriant and agree a.s follows: Developer will cause to be conztmc~:l sitr improv~nmt~ i~lud~g roadways, drainage f~il~fie~ ~ ~md ~ fadlhi~, ~eet li~,~-~ and signage wi*hi~ ~6 months from the da~ of ~proval said subdivision pht, o Developer he~vith tenders i~ subd/v/s/on performance seaui~y (atIach~ hereto u Extffoit "A" m~t by ref~ce ma~e a pm~ hev~f)/n the amoum of $18,427.67 which mnounl ~ liPA of fl~e total couh~-t cost to con~lete co--on ph~ 10/PA of ~he est/m~ cost ~o compl~.e the required improvements st ~ date of this AgreemenL AU{3 0 5 _ In the event of default by the Developer or failure or' the Developer to complete such improvements within the lime required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion or' the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either:, a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, there~vith specifying those conditions which the Developer mt~t fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact cormructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. Alter 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 Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. Thc Developer's respons~ility for maintenance of the required improvements shall continue unless or until the Boa~l accepts maintenance respons~ility for and by the County. W:gl 9 g7~ 702 ~,w'r t_'%-m~i70 ?07.~g AG~ ~/~ ~, AT r~l. 1997 Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. o In the event the Developer shall fail or neglect to fulfill it~ 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 fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenant~ and conditions herein contained are and shall be binding upon the Developer and the re~pectlve successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this day day of 1997. ' W:~1957~7024~v/'rc'~cmasiTO707.doc AUG 0 5 ]99? Pg-.,, 7 SIGNED, SEALED AND DELIVEKED IN THE PRESENCE OF: Quail West Limited, a Florida Limited Partnership ~t of KSH OF NAPLES, INC., a Hi/rich Corporation, as authoriz~ agent of (~UAIL WEST, LTD., a Florida limited partncrship. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficienclc County ^ttomey W:~! 9~7~?024~~0707.doc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman PERFORMANCE BOND KNOW ALL PERSON BY THESE PRESENt'S: that Quail West, Ltd. 6289 Burnham Road Naples, Florida 34119 (hereinafter referred to as "Owner") and The Travelers Indemnity Company The Aetna Casualty & Surety Company P.O. Box 31967 Tampa, Florida 33631 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of ~ Thousand Four Hundred and Twenty-Seven and .6_7 Dollars ($18,427.67.) 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 Owner has submitted for approval by the Board a certain s[Jbdivision plat named Quail West Phase I, Unit One, Block B_ and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obliqation of the Surety sba!! commence on the date this Bond is executed and shall continue until the date of final acce tance b the Board of Coun Commissioners of the s eciflc im rovements described in the Land Develo ment Re ulations hereinafter the "Guaran Period". NOW, THEREFORE, if the Owner 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 ~,uffer 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.' 1997 Page 2 of 3 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, add'[tion or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term 'Amendment,' wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREO.F, Re parties l~ereto have caused this PERFORMANCE BOND to be executed this ~ day of _~ _, 1997. Print Name - OWNER) Sandra Hesse as Vice j/ President of RSH of ~ Naples, Inc. as Authorized ~ Agent for QUAIL WEST, LTD. Print Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Sandra Hesse as Vice President of RSH of Naples, Inc. Authorized Aqent for Quail West, Ltd.. to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed same. AG21'~DA AUG 0 5 1997 PI. My Commission Expires: Personally Known v// Produced Identification ~ Type of Identification Produced Page 3 of 3 WITNESS my hand and official seal in the County and State last aforesaid this ~ day of .___~__4,~~, 1997. "'"~oT~Y pU§U~STATE O'F FLORIDA · Unda J. Chapm~n Print Name SURETY Brad A. Havemeier, as Attorney in Fact, of The Aetna Casualty and Surety Company STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Brad Havemeier, as attorney in fact of The Aetna casualty and Sureb/ Comoan~ (Surety), to me known to be the person described in and who executed the foregoing instrument and he/she acknowledged before me that he/she executed same' WTi'NESS my .hand and official seal in the County and State last aforesaid this ~L~-I:~ day of -~'~.Lu ,1997. _ i1~,~=,I,/ m'a~'~'mf~,~l'~T/~y pOBUC STATE OF FLORIDA My Commission Ex,Ir. _e~iI7~ ~'~,...~-~,a~,,,~l" "~' ' Produced Identification ~ Print or Type Commissioned Name Type of Identification Produced AUG 0 5 1997 THE AETNA CASUALTY AND SUFiETf COMPANY Har:J, crc~. Ccr. n, ec:~c'~ 06;'=6 POWER OF ATTORNEY AND CERTIFICATE C)F AUTHORIT:Y OF A'ri'ORNE¥[$)-IN-FACT Hav~e[f= ~ To~ V. ~a~of~ - - ~ T~ (S~O,~.~) ~L~ - ~: ~~efme f~ ~ ~o,~~m~ ~ ~ ~ ~ .~. ..... ~ .... Sum d ~ J~smph 'P. ~ May 19, 1997 To: Terry Cole - Hole, Montes & Associates Per your request From: Linda Chapman via Telefax Re: Block B - Item 5. 2. 3. 4. 5. 6. 7. 8. 9. PROPERTY OWNERS Lot 22 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 Lot 23 - Shore Development - 10660 W. 143rd St., Orland Park, IL 60462 Lot 24 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 Lot 25 - Edward & Monika Howard - 4189 Brynwood Drive, Naples, FL 34119 Lot 35 - Charles & Eloise Townsend -4255 Silver Fox Dr., Naples, FL 34119 Lot 36 - John C. Bowden - P.O. Box 20727, Waco, Texas 76702 Lot 37 - Gilbert & Loretta Boutin - 4212 Brynwood Drive, Naples, FL 34119 Lot 38 - Earl & Rosemary St. John - 4228 Brynwood Drive, Naples, FL 34119 Lots AA8, AAg, AA10 & AA11 - London Bay Construction - 889 111th Avenue North, Naples, FL 34108 6289 Buml'~m Road Administration Kaplcs, FL 33999 Phone 9-tl/~97-6311 1997 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS P~NNER$ ~URVEYOfl$ DESCRIPTION OF VAC 1 and enl3ancjng Flocida'$ q~aft~,, ct I~fe ~e t~6 H~ PROJECT ~ 87.24W REF. DWG, 8-2056 ~Y8, 1997 SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF CO~J. IER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TP~,CT F-5 OF QUAIL WEST UNIT ONE. REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COM. IER COUNTY, FLORIDA; THENCE RUN S. 55'01'10' E. ALONG THE NORTHEASTERLY LINE OF SAID TRACT F-5 FOR A DISTANCE OF 40.99 FEET TO THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 55°01'11' E. FOR A DISTANCE OF 203.96 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 45'34~3', SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF N. 77'48~.2' W., FOR A DISTANCE OF 39.77 FEET TO THE END OF SAID CURVE; THENCE RUN N. 55'01'11' W. FOR A DISTANCE OF 140.86 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 43'48~6' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 85°23~20'. SUBTENDED BY A CHORD OF 244.11 FEET AT A BEARING OF S. 03'29'54' W., FOR A DISTANCE OF 268.26 FEET TO THE END OF SAID CURVE; THENCE RUN N. 65'41'14' E. FOR A DISTANCE OF 154.92 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N. 01'55'49' W. A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 10'28~4', SUBTENDED BY A CHORD OF 9.13 FEET AT A BEARING OF N. 82'49'59" E., FOR A DISTANCE OF 9.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 49'00'21', SUBTENDED BY A CHORD OF 20.74 FEET AT A BEARING OF S. 77'54'03' E.. FOR A DISTANCE OF 21.38 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'29'48', SUBTENDED BY A CHORD OF 17.12 FEET AT A BEARING OF S. 53°08'58- E., FOR A DISTANCE OF 17.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 65'41'14' W. FOR A DISTANCE OF 177.69 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N. 40'37'49' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 34°5Z15', SUBTENDED BY A CHORD OF 107.87 FEET AT A BEARING OF ~.. 96'48'19' E.o FOR A DISTANCE OF 109.55 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY,.WHOSE RADIUS POINT BEARS S. 37°4Z37' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 02'40'14', SUBTENDED BY A CHORD OF 85.98 FEET AT A BEARING OF S. 50'57'16' E., FOR A DISTANCE OF 85.99 FEET TO THE END OF SAID CURVE; THENCE RUN N 57'08~.2' E FORA DISTANCE OF 13 POINT BE S S. 41'3o'4r W. A D STANCE OF 4975.00 FEET THEREFROm; THENCE 0 5 1997 /1 ,,,... /4- HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'54'06', SUBTENDED BY A CHORD OF 31.08 FEET AT A BEARING OF S. 48'0Z09' F_, FOR A DISTANCE OF 31.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'08'2Z' W. FOR ^ DISTANCE OF 134.74 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41'21'04' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAJD CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CEt~rFRAL ANGLE OF 05'19'41', SUBTEHDED BY A CHORD OF 171.51 FEET AT A BEARING OF S. 45'59'05' E., FOR A DISTANCE OF 171.57 FEET TO THE END OF SAID CURVE; THENCE RUN S. 53°15'2t' W. FORA DISTANCE OF 31.77 FEET; THENCE RUN S. 65'38'41' W. FOR A DISTANCE OF 25.84 FEET; THENCE RUN N. 8~°53'46' W. FOR A DISTANCE OF 20.61 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 45°48'32- W. A DISTANCE OF 1775.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1775.00 FEET, THROUGH A CENTRAL ANGLE OF 00°13'57'. SUBTENDED BY'A CHORD OF 7-20 FEETATA BEARING OF N. 44'18'26' W., FOR A DISTANCE OF 7.20 FEET TO THE END OF SAID CURVE; THENCE RUN S. 76'14'47' F_ FOR A DISTANCE OF 22.7.5 FEET; THENCE RUN N. 53'15'21' E. FOR A DISTANCE OF 28.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 46°18'19- W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET, THROUGH A CENTRAL ANGLE OF 11'23'35'. SUBTENDED BY A CHORD OF 360.31 FEET AT A BEARING OF N. 49'23'28' W., FOR A DISTANCE OF 360.91 FEET TO THE END OF SAID CURVE; THENCE RUN N. 75'27'01' W. FOR A DISTANCE OF 53.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 49°16'07' E. A DISTANCE OF 210.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAJD CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 89'29,09', SUBTENDED BY A CHORD OF 295.65 FEET AT A BEARING OF N. 04'00'42' E., FOR A DISTANCE OF 327.98 FEET TO THE END OF SAID CURVE AND THE [POINT OF BEGINNING. CONTAINING 0.7199 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 24 OF QUAIL WEST UNIT ONE, REP[AT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBEC RECORDS OF COM. IER COUNTY, FLORIDA. AS BEING N. 62-06'38' W. HOLE, MoI~n'Es & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.L.S.# 4175 STATE OF FLORIDA AUG 0 5 1997 HOLE, MONTES · ASSOCIATES, INC. ENGINEERS Pt.~NERS $URV'EYORS DESCRIPTION OF VAC 2 HMA PROJECT # 87-24W REF. DWG. B-2056 MAY 8. 1997 SHEET I OF 2 A PARCEL OF LAND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHV~STERLY CORNER OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT, ACCOROING TO THE PLAT THEREOF AS RECORDED It4 PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 62'06°36' E. ALONG THE NORTHERLY UNE OF SAID LOT 24 FOR A DISTANCE OF 41.23 FEET TO THE POII~T OF BEGINNING OF THE PARCEL OF LAND HEREII'~ DESCRIBED AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 46'40'46' E. A DISTANCE OF 1005.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1005.00 FEET, THROUGH A CENTRAL ANGLE OF 01 °23'23', SUBTENDED BY A CHORD OF 24.37 FEET AT A BEARING OF N. 44'00'55' E., FOR A DISTANCE OF 24.38 FEET TO THE END OF SAID CURVE; THENCE RUN N. 11'28'52' E. FOR A DISTANCE OF 33.46 FEET; THENCE RUN N. 00'18'10' E. FORA DISTANCE OF 11.75 FEET; THENCE RUN N. 68'18'29' W. FOR A DISTANCE OF 9.67 FEET; THENCE RUN N. 88'51'10' W. FOR A DISTANCE OF 26.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 54'59'13' W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET. THROUGH A CENTRAL ANGLE OF 07'41'16', SUBTENDED BY A CHORD OF 243.35 FEET AT A BEARING OF N. 38'51'25' W., FOR A DISTANCE OF 243.53 FEET TO THE END OF SAID CURVE; THENCE RUN S. 54'11'30' W. FOR A DISTANCE OF 40.30 FEET; THENCE RUN N. 42'58'31' W. FOR A DISTANCE OF 7.34 FEET; THENCE RUN N. 53'15.21' E. FOR A DISTANCE OF 70.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 47'08'53' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05'09'19', SUBTENDED BY A CHORD OF 165.95 FEET AT A BEARING OF S. 40'16.28' E., FOR A DISTANCE OF 156.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 56'08'36' E. FOR A DISTANCE OF 130.27 FEET; THENCE RUN S. 37'00'28' E. FOR A DISTANCE OF 30.05 FEET; THENCE RUN S. 56'08'36" W. FOR A DISTANCE OF 130.16 FEET; THENCE RUN S. 35'0Z49' E. FOR A DISTANCE OF 110.53 FEET; THENCE RUN $. 15°34'$9' W. FOR A DISTANCE OF 32.64 FEET TO A POINT ON A ClRCUI.AR CURVE CONCAVE SOUTHF. ASTERLY, WHOSE RADIUS POINT BEARS S. 44'59'22' E. A DISTANCE OF 985.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 985.00 FEET, THROUGH A CENTRAL ANGLE OF 01'2Z08', SUBTENDED BY A CHORD OF 23.53 FEET AT A BEARING OF S. 44'19'34' W., FOR A DISTANCE OF 23.53 FEET TO THE END OF SAID CURVE; THENCE RUN N. 62'0635' W. FOR A DISTANCE OF 20.78 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3077 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. STREET B(2ttfTA SJ~RINGS. FLC~qfDA 24 t35 94 t-gg2-."~$ FAX ~t-g92-2327 /tUG 0 5 1997 HI~/~ PROJECT # 87~4W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 BEARINGS REFER TO THE NORTHERLY UNE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBUC RECORDS OF COMJER COUNTY, FLORIDA, AS BEING N. 62°06~J6' W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION 1.13 #1772 P.IS.# 4175 STATE OF FLORIDA AUG 0 5 1997 ~UG 0 5 ~997 1 2 3 7 9 RESOLUTZON NO. 97 RESOLUTION AUTHORIZZNO THE ACCEPTAI~CE OF QUAIL WEST UNIT ONE REPLAT BLOCK B, A REPLAT OF A PORTION OF A PREVIOUSLY RECOP. DED PLAT KNOWN AS QUAIL WEST UNIT ONE REPLAT, A~D AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF QUAIL h'EST UNIT ONE REPLAT ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-010 10 WHEREAS, the Board of County Co~lssioners of Collier count;e 11 Florida, on June 23, 1993 approved the plat of 0uail West Unit One 12 Replat for recording: and 13 14 WHEREAS, Quail West Lim/ted is replatting Tract F-5 of 15 West Unit One Replat and has filed for a replat of said lands; and 16 17 WHEREAS, except ss provided for in this Resolution. this replat Il does not extinguish or in anyway affect the dedications contained in 19 the previous plat of these lands; and 21 WHEREAS, Quail West Lib/ted desires to vacate a portion of ~ previously recorded plat ss described in Ey~lbit A; and 24 WI~, this parcel, the approved plat of Quail Wee= Unit One, 25 Replat Block B, is a part of a previously approved and recorded plat, is Quail West Unit One Replat, and the filing and recording of this I~ approved plat shall not affect access to lots previously conveyed iS under the Quail West Unit One Replat plat. 30 NOW, THEREFORE, BE IT RESOLVED ARD ORDERED BY THE BOARD OF 31 COUI~ COMMISSION~ OF COLLIER COUNTY, FLORIDA, that the plat of 32 Quail Nest Unit One, Replat Block R, a part of a previously approved 33 and recorded plat, Quail Nest Unit One Replat, is hereby approved for ~ recording and the dedications contained on the plat of Quail West Unit 35 One, Replat Block B are hereby accepted, and those lands described in ~ Exhibit A are hereby vacated. Said vacation shall become effective 37 upon recordation of the subject plat. 39 BE IT FURTHER RESOLVED ~tND ORDERED that the Clerk of =he 40 Circuit Court shall make proper notation of this action upon the 41 previous plat and record a ce-'-~lfied co~y of this replat and 42 certified copy of the vacation resolution in the Official Records 43 Collier County. 45 This Resolution adopted after motion, second and majority vote 46 favoring same. 47 49 DATED: ATTEST: 53 DWIb-'~ £. BROCK, Clerk 55 61 Approved as to form and legal ~ eufficiency~ ~ He'idi Ff ~hc~ -- ~ ~slst~t Collier C~ty Atto~ey BOARD OF COUNTY ~ISSIONERS COLLIER COUNT~, FLORIDA Chair. mn AUG 0 5 1997 ,.,._. _ REQUEST T~ APPROVE FOR RECORDIN~ THE FINAL PLAT OF TARPON COVE REPLAT To approve for recording the final plat of Tarpon Cove Replat. CON$IDL'RATIONSz The Board of County Commissioners on January 28, 1997 approved the final plat of Tarpon Cove. After the plat was recorded, the developer decided to move a number of property lines, hence they wish to record this amended plat. The fiscal impact to the County is none. project cost is $560,638.80, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $616,702.68. The Letter of Credit and construction and maintenance agreement for the required subdivision improvements were accepted by the Board on January 28, 1997. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $12,243.33 Fees are based on a construction estimate of $560,638.80 and were paid in December 1996, and are reflected in the Executive Summary of January 28, 1997. Besides the original fees paid, the review fee for this replat was $490.00, and was paid in June 1997. AUG 0 5 ~J97 Executive Summary Tarpon Cove Replat Page 2 ~ROWA-~ MANA~-£ IMPACT~ None RECOMKE~0ATION ~ That the Board of County Commissioners approve the final plat of "Tarpon Cove Replat", with the following stipulations: l) Accept the previouslypos~ed Letter of Credit and construction and maintenance agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Tarpon Cove Replat" . 3) acceptance. PREPARED BY: John R. Houldsworth~Sentor Engineer Engineering Review That no Certificates of Occupancy be granted until the required improvements have received preliminary Date REVIEWED BY: Thomas E. Kuck, P.E. - Engineering Review Manager Donald W. ~rnold - Planning Vincent A. Cautero, Administrator Community Development &Environmental Services Co-amenity Dev. and Environmental Svcs. DIVISION Date Date Date AUG 0 5 1997 I : 0 ':' L OCA T/ON' MAP I COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND ~NANCE AGREEMENT FOR SUBDMSION IMPROVERS THIS CONSTRUCTION AND MAINTE.,~NANCE AG,.G_..REEMENT/FOR SUBDMSION I1V[PROVEM3~NT$ entered into this o'Tk ~ day of ~ 1997, betw~n WCI CO~ LIM1TED PARTNERSHIP herein4~r referred' to as "Developer, and the Board of County Commissioner~ of Collier County, Florida, hereinafter referred to as the "Board". A. Developer has, simultaneously with the delivery ofth!s A ~g~e. ~e.n.~.pplied for the approval by the Board ofa certa,n plat ora subchvmon to be known as. ~_6RPON COVE .~ B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for thc construction of thc required improvements. NOW) THEREFORE, in consideration of the foregoing premises and mutual covenant~ hereinafter set forth, Developer and the Board do hereby covenant and agree ~s follows: Developer will cause to be constructed: The paving, drainage, potable water,, irrigation water, sanim.,y sewer, and street lighting improvements for Tarpon Cove within twenty-four (24) months from the date of approval of ~aid subdivision plat, raid improvements hereinafter referred to as the "required improvements". 4o Developer herewith tenders its subdivision performance security (attached hereto as Exhibit 'A "and by reference made a part hereof) in the amount of $616,702.611 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or fiilure of the Developer to complete such improvements within the time required by the Land Devclopmcnt Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required The required improvements shall no( be considered complete until a statement of substantial completion by Developer's engineer along with the final project recorch have been furnished to bc reviewed and approved by the Development Services Dh'ector for compliance with the Collier County Land Development Code. AUG 0 $1997 of ~e ~t~ o~t~ completion, e~er: a) noti~ ~e ~clo~r ~ ~t~g ofh~ ~~ appel of~e ~provem~; or b) noti~ develo~ ~ ~n~ of his ~l to approve ~pmvemen~ ~e~ s~ci~ing ~o~ ~d~i~ ~ich ~e Develo~r must fulfill in o~er ob~ ~e D~r's app~val of~e imp~vemen~. Howev~, in no shall ~e D~elopm~ ~ic~ D~or re,se prel~n~ approval of ~e ~provem~ lf~ ~ ~ fa~ ~n~ed ~d submi~ed for ~ a~ce ~ ~ r~u~men~ of~is A~emenL ~e D~elo~r sha~ ma~ all ,e~d ~pmv~m for s m~ ~ of one ~ sfl~ ~el~ spproval ~ ~e ~velopment Se~ices Dl~or. ~ ~e one y~ ma~ten~ce ~d~ by ~e D~elo~r ~ ~ate~ ~ ~elo~r sb~ll ~thlon ~e Development Se~ices D~or to im~ ~ ~qui~ imp~vemen~. ~e D~elopment D~or or his d~ ~ll. ~ ~e ~p~vemen~ ~d, if fo~d to ~ill in complim~ ~ ~e Collier CounW ~d ~elo~ent ~e ~fl~ed ~ fm~ ~p~al ~ ~e Bo~ ~e Bo~ shall ~1~ ~e ~a~g 10% of ~ ~ivision ~o~ce ~udW. ~e ~elo~r's ~ns~illW f~ mdnte~ce of ~e ~u~ed ~pwvemen~ shall cont~ue unless or until ~e ~d sccep~ mainten~ce ~s~nslbil[W for ~d by CounW. Six (~ monks ~ ~ ~ion of ~ls A~eement ~d once wi~in s~ (6) monks ~ ~e ~elo~r may ~qu~ ~e ~elopment Se~ices D~r ~ ~u~ ~e doll~ ~ount of ~e ~Mslon ~Ko~ce ~W ~ ~e b~is of wo~ complete. ~ch ~u~ for a ~du~ion in ~e d~ ~o~t of ~e suMlvision ~o~mce shall ~ ~com~ ~ s ~t~t of subs~tial ~mpl~ion by ~e ~elo~'s ~g~ ~ ~ ~e ~j~ ~co~ n~e~ for by ~e ~el~mt ~ic~ D[~or. ~e ~elo~ent Se~ices Di~ may ~ ~ ~u~ f~ a ~ducilon in ~e ~ount of ~e ~ivis[~ ~o~ce ~udW for ~e improvemen~ compl~ed ~ of~e date of~e ~u~ In ~e event ~e ~el~ shall fail or neglect to ~lfill i~ ~llgadons ~der ~is A~n~ ~ ~aifi~ti~ of such f~lu~ ~e Count' Adminl~tor may ~Ii ~n ~e ~ivlsion ~do~ce ~d~ ~o ~ ~thfa~ ~pl~io~ ~r ~d main~ of ~e ~ui~d ~ ~ ~ c~-~ ~ m~ ~t ~ ~blic ~v~ent ~ei~ ~d ~ of bl~ ~ im~m ~ ~- ~e ~elo~, ~ ~ md~ ~e ~l~ion ~o~ce ~W, s~ll ~ liable to ~y ~ ~ ~ni~ ~e B~ u~n ~pl~ of tach ~io~ ~e f~ ~ ~ W ~e Bo~ ~e~f, hclud~ b~ not l~it~ ~, ~gln~n~ I~ md ~ntlngent ~ tog~ ~ d~ag~, el~er d~ ~ ~uential, ~lch ~e Bo~ may ~in on No. AUG 0 5 1997 smmt ofthe f~ilum of the [k'~lop~ to full'gl -II of the provisions of this Agreement. All of the terms, covenar~ and conditlom herein co~tained ar~ and shall be binding upon the Developer and the respective successo~ and assigns of the IX-vcloper. uy ~mY aum°rm~ rt3~'~tal~ve this -c2~daY °f ~ 1996. COLLIER COUNTY LAND DEVELOPMEKT CODE SIGNED, SEALED AND DELIVERED IN TI-IE PRESENCE OF: le-,~~~ ?. D~,5'~,~ ~ Printed or Typed Name . . .: -, " , - o _C ~ £ ~/ ~ /¢1w //. //In,~l ~ V Printed or Typ~ Na~e' - ' / Dev~lopm- WCI Communities Limited Pax~ersl~p, · Delaw-m~ L~ Pm-tnersh~ Su~an Hebel Waits Printed or Typed Name Senior Vice Pr~ident Title BOARD OF COUNTY COMMISSIONERS OF .~LLIER COUNTY, F~O,~ ao./~ AUG 0 ~ 1997 JANUARY t0, BEN EFICIA.WY. BANKOF B )STON THE FIRS- NAT~OI',IA.L fA ~K OF BOSTON POST OFF~E ~, X 1763 8OSTOH. MASSACHUSE1 rs 02105 U.S.A. "V ABL ~ "; -£ BOAR.D OF CO L,,,'NT'~' COM3tLS$ION'ERS COLLII'ZR CO Uh-I-Y, Fl. COLLtT. R COUNTY COURTEOUSE CO3fPLEX NAPLrS, FL 3.3:~62 SA.N'UA.R'~ 10, 159~.t~OSTON, ~L~. WCI ¢oM)rdNI'FE$ LL%ITrED t01 ~[,1T~L OAK DRIVE. SUITE 500 NA.PLES, F'L 34108 · ,*,'E HEREBY' t. STAI!tLL~B, OUR IILREvOCA.BLE LET ~R OF ~D~ ~0614~4 ~ YO~ FAX'OIl FOR ACCOL~ O~ wCI COMMU~ L ~g~D P~~ WHICH IS NATIONAL 3.~X OF Eg!TON AT SlGHT L~ TO ~_~ AGG~GA~ ~MOUNT OF USD6I$,~0I./g ~< HI~;DI~D S~TELN ~OUS~N~ ~N HU~'D~D ~VO ~'D 6~1~ U5 DOL~) AA~ AC C03~N'FgD BY RIAZHCL~I"$ FTA~b~NT PU~OR~DLY SIGNED BY TRE CO~TY ~,~NAGE~ CERI~Y~ . "WCl COM3Iu~TT~$ LL%I~D P~TNE~ ~ FA~ED TO ~IEET OR CO~LE~ THE ~QU~51Eb~ FOR CONSTRUCTION O~ D~RO~MEN~ TO ~'CLt~ LIGHTLN'G, ~O~M D~'AG~ ROAD~'AY~AP~G, POTABLE WATER ~ND - ------- S.~NITARY $EX~ Z~ORCEb~IN ~ THE ~RO~ ~NOX~I ~ T~ON CO~, PE~M~ ATIS/'ACTOR¥ TO COLLIER CANCE NO. ~I-102, HAS NOT BEEN e£ Pi;RFOI~,L~,.'~'CE SECURITY IL-k$ TED BY ~ BEN'EIrlCIARY." ZDrr MUST BEAR UPON IT FACE ~S.q) 9G-30 A.ND I:'P 9G--t~. OKA FECAl. INSPECTION: COb..'N~Y, lr0RSC~T TO CO~IER CO b~' O~I PE~O~MED, ~ A $AT~FA~ORY NOT ~EEN PRO~D TO ~N~ FO~XL4LLY AC~i EACH DRAFT DISOWN b~"ND £R TH~ LETTER OF C] COZ THE CLAUSE:' DIL~.WN L.~'DER IT~'.'OCABLE ST DA~D J~N'U~Y I0, 1~7 OF ~E ~T NA~ONJm ~I$ ~R OF C~DIT 3~T$ FOR~ LN ~%L ~g ~ OF OUR UNDERT~G, SUCH ~FE~fCE S~.~L POT aE WE ~BY AG~ ~H YOU ~T P~E~ TO ~ ~ NA~ON~ · ~ ~OO~ ~O~ON, ~L~ 02110 ON OR ~F0~ ~ NUARY 10, lV~8. ' . .,. POST OFFICE BOX 1163 BOSTON, MASSACI'.U8=-I TS 02 t05 U.S.A. PAGE 2, LEI't-ER OF CF~D~f NO. ~0",'G1444 : BENEFICIARy [.-~ 'W/Lri'L,I'C BY REGI~Tti1KED btATIONAL B,q..~,'[.:. Olt ]~:;Tt~N'.; ELEC'"r %'Ov, T~ ~,~ L"COUR'~R' TF_~T THEY CI-HE FIRST · . ~'EW TIIIS LETTER OF CREDIT. THL~ LE1'IER OF CREDFr 1.:. SL'BJi ~ TO THE 'L~;ITOP,',! CL:$"I'O.%f$ ~'~D PIL~,CT[CE FOR DOCU,~4E.'iTAR-~ CRZDIT¢ (It95 AE%I$10.'~), ~"tF.p.~tATiON.~L CEL~.%IBER OF COM~.rERc;' I'I"P'.LI'CAT'I, OX .~ 5~)-, OR R.E~'IS.I.'~; CE'~'.R2:~'I LY EN EFFECT. KL'VD LY .,..DDILr.,¢.q A$.L CORte~$~;Ob-DE~C£ REG. ~,~ G THIS LCYrER CaF ¢ P-E D IT TO Tl~ur Al ~'TIi,'~'TIO.~ G.F OU~ LE'ITER O;' CREDIT DZ~",4~,TblEN'T, AT 1.40 F'ED£R..LL STREET, 4TH FLOOR, x£~,I.L ¢?OP ~.-'"..O-~'', ....... --,,-.,,n,, ,~ L'DICATED A,O,~.i T£~EPHO~'lr IA'QL'IRIES CA.,' TO SA.'CE ~VOOD~L~N .iT {61T1-434-~71'.. %'1[ R%'iTRL:L%' A L'T.qO~ZEI O F~"~C~L---~----' ' I~EQU~ST TO $~PPROVE FOR RECOP. DIN~ THE FII~ PLAT OF SAPPHIRE LAKES ~ 4A To approve for recording the final plat of Sapphire Lakes Unit 4A. CONSIDERATIONR ~ The Board of County Commissioners on February 4, 1997 approved the final plat of Sapphire Lakes Unit 4A with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT The fiscal impact to the County is none. The project cost is $137,883.18, to be berne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $66,381.70. The developer has provided a Construction, Maintenance and Escrow A~reement as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3,031.94 Fees are based on a construction estimate of $137,883.18 and were paid in May, 1996, and January, 1997, and are reflected in the Executive Summary of February 4, 1997. AUG 0 5 1997 { Executive Summary Sapphire Lakes Unit 4A Page 2 None That the Board of County Commissioners approve the final plat of 'Sapphire Lakes Unit 4A", with the following stipulations: 1) Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Sapphire Lakes Unit 4A". 4} Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: ~homas E. Kuck, P.~. Engineering Review Manager Vincent A. Cautero, Administrator Co,,,,unity Development & Environmental Services Co,,,,unity Dev. and Environmental Svce. DIVISION ~:ew Date bate Date AUG 0 5/997 LOCATION MAP AG£~ CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this day of __, 1997, by ARI JOEL DEVELOPMENT, INC., a Florida corporation, (hereinafter 'Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and FIRST NATIONAL BANK OF NAPLES, a Florida banking corporation, (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the deliveD, of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as ~. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site consm~ion cost estimate ("Estimate") prepared by v' - , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sec~i~ns 3~2.6.5.6 and 3:2.9.~ ~f the C~ier C~unty Subdivis~n C~de Divisi~n ~f the Uni~ed Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated April 29. 1997. (thc "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $155.854.60. and this amount represents i 10',4 of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, TFIEREFORF, in consideration ofthe foregoing pr~mises and mutual covenants hereinafter set forth, D~veloper, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $155.S54.60 from the Construction Loan, in escrow, pursuant to the terms of this Agreement 3. Lender agrees to hold in escrow $ ] 55.g54.60 from the Construction Loan, to be disbursed only pursuant to this AgreemenL ~ acknowledges that I~is Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as ~ actually disbursed, whether pursuit to this Agreement or a provision of the Construction Loan, shall accrue inter~s~ 4. The escrow~ funds shall be r~leased to the IX'veloper only upon written approval of the Development Services Dir~'~or who shall ~a'ove the r~lease ofthe funds on deposit not more than onc~ a month to the Developer, in amounts du~ fo~ work dom~ I~ da~e based on the percen~e completion ofth~ work multiplied by the r~spective work cos~ less ten percem (1 0.A); and furrY, that upon completion offlie work, the Development ~ Dirt't~r shall ~ the release ofany remainder ofescruw~ funds except to the extent ors 14.168.6~ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (I) year pursuant to Paragraph 10 of the Agreement. AUG 0 5 1997 10. Thc Developer shall maintain all Roqulred Improvement for o~e)'tar ~ter p~liminary approval by thc Development Services Director. After thc one year maintenance period by the Developer and upon submisslon of a ,aTitten request for inspection, the Development Services Director shall inspect the Required Improvements and, ir found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terrninated. The Developers responsibility for maintenance ot' the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All ofthe terms, covenants and conditions h~rein contained an: and shaJl be binding upon the respective succes~rs and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused thls Agreement to be executed by their duly authorized representatives this .~. day of .' 19_._. SIGNED, SEALED AND DELIVERED IN ~"OPn'nted or Tyl~.d N.a?e / / [/(' Prlnt~? APl IOEL DEVELOPMENT, INC. a Florida corporation Pnnted or Typed Name FIRST NATIONAL BANK OF NAPLES, C. William Root. Senior Vice Presi'~nt Printed or Typed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to fojm at?d legal ~.ot~nty Attorney By:. Chairman AUG 0 5 1997 COST ESTIMATES FOP. SAPPHIRE LAKES - UNIT 4A Manholes 6'-8' Manholes 8'-10' Manholes 8'-10' (drop) Manholes 10'-12' 8" SDR 35 pipe for drop 8" SDR 35 6'-8' cut 8" SDR 35 8'-10' cut 8" SDR 35 10'-12' cut Connection to efts'ting Double services Sinsle services 8*' x 6" wycs 6" ¢lcan outs 6" SDR 35 WATER Tie into existing I0" C-900 8" C-900 Fire hydrant w/g.v. 10" g.v. 8' g.v. Misc. fittings 6~ C-900 3' SCH 40 PVC Sleeves Sample points DRAINAGE Catch basins 24" headwldl Manholes 15" RCP 18" RCP 24" RCP 18" PRB 1 $ 1,200 ea. 2 $ 1,600 ea. 1 $ 1,700 ea. 4 $ 1,800 ea. 7 I.f. $125/1.£ 65 l.f. $ 16/I.£ 500 l.f. $ 22A.£ 308 l.f. $ 32/I.f. I $ 1,500 ea. 9 $ 275 ea. 1 $ 225 ea. 10 $ 75 ea. 10 $ 250 ea. 415 I.f. $ 9/I.f. Subtotal 2 $ 75 ea. 425 $ 12A.f: 827 $ 10/1.£ 1 $ 1,500 ca. I $ 600 ea. 2 $ 400 ca. $ 3,400 l.s. 10 $ 8/1.t. 3OO $ 7/i.t' 3 $ 150 ea. Subtotal 1,200 3,200 1,700 7,200 875 1,040 $11,000 9,856 1,500 2,475 225 750 2,500 3,735 $46,506 1,500 5, I00 8,270 1,500 6OO 8OO 3,400 80 2,1oo 45O $23,$00 8 $ 1,200 ea. $ 9,600 1 $ 1,200 ea. $ 1,200 2 $ 1,400 ea. $ :2,800 141 $ 15/l.f: $ 2,115 481 $ 19/1.t". $ 9,139 283 S 28/1.f. S 7,924 I $ 200 ea. Subtotal 200 [ AUG 0 5 1997 PAVING, SIDEWALKS, SIGNS & PAVEMENT MARKING 24" Valley gutter $' Limerock base w/prime I 1/2" asphalt - 2 lifts Stop bar and sign and speed limit sign 2,225 l.f'. 2,366 s.y. 2,3 66 s.y. $ 5/1.f. $ 5.50/s.y. $ 4.00/s.y. $ 1,000/1.s. Subtotal Total for Unit 4A RESTORATION OF VEGETATION $11,125 $13,013 $ 9,464 $ l,O00 $34,602 $ 3,8O0 $141,686 AUG 0 5 1997 . ~. '7 I~ST TO APP]~VE A QUIT CLAIM DEED P~EASIN~ THE co~r~'s INTEREST IN A T~MPORART D~ EASEMENT WITHIN TH~ VILLAG~ WALK DEVELOPMENT To approve a 0uit Claim Deed releasing the Count}'s interest in a Temporary Drainage Easement within the Village Walk development located in Section 6, Township 49 South, Range 26 East, Collier County, Florida. On July 28, 1994 Procacci Brothers Sales Corporation granted Collier County a Temporary Drainage Easement to convey storm water from the Village Walk development. A copy of the Temporary Drainage Easement is attached. The permanent easements and facilities are now in place and the temporary easement is no longer required. Engineering Review Section and the County Attorney's office has reviewed this petition and reco~mnends approval. ~.~_~z The fiscal impact to the County is none. None. That the Board of County Co~missioners approve the Quit Claim Deed for the Temporary Drainage Easement and authorize the Chairman to execute the attached Quit ClaimDeed. AUG 0 5 1997 Executive Summary · ':. .... Village Walk Quit Claim :~i. Page 2 PREPARED BY: John R. Houldswo~h, Senior Engineer Engineering Review P. EVI~ BY: Thomas ~.. Kuck, P.E. Engineering Review Manager Planning Services Director Vt~icent A. Cautero, Administrator Con~nunity Dev. and Environmental Svcs. Co~l.-unity Dev. and Environmental Svcs. DIVISION JRH: ew Community Dev. and ~nvironmental Svcs. DIVISION ]'~1 Date Date Date Date AUG 0 5 ~7 e~f~ ~ ~ CCJ & NOR. TH NAPL~ .0 (ck. m) OUITCLAIM DEt~ This QUITCLAJM DEED made this _ day of ,1997 by the Board of County Commissioners of Collier County, Florida, as the Govern~g Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, a political Subdivision of the State of Florida, as GRANTEE and Procaccl Brothers Sales Corporation, a Pennslyvanla Corporation, it's successors and assigns, GRANTOR. WITNESSETH That the GRANTEE for and in consideration of the sum often dollars (SI0.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remhes, releases, and quitclaims nnto GRANTOR forever, ali right, title, interest, claim, and demand which the said GRANTEE has In that certaIn portion ora drainage easement interest In, of and about the followIng described lands being located In Collier County, Florida, to-wit: That Temporary Drainage Easement as recorded in O.R. Book 1971, Page 1196 through 1198 of the public records of Collier Connty, Florida, and more particularly described In (Exhibit "A' attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTEE has caused these presents to be executed in It's name by the Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, ~he day and year aforesaid. ATTEST: D'*VIGHT E. BROCK, Clerk BOARD OF COUNTY COMblISSIONERS COLLIER COUNTY, FLOR[DA By: Timothy L. Hancock, Chairman This Insmnnent was pr~ared~-K~ Heid/F. Ashton Assistant County A.omey 3301 Tamiami Trail East 34112 ..'O ~CL.-22'g;IT~EI 6?-22-9? e~: 57 DIVOSTA $: CO~,IPA.~T TF-L:~61 ~75 9121 P. 002 ~e~ l~ Cd icj {"ri ~ i'l'A .'~. O? -RECEIVED {"RON:-'";51 77.5 9121 AUG 0 5 1997 P.92 ~IL:L '22' 9i (T~£I e?-22-9? e8:58 DI¥OSI'A k CO;A,~¥ ENGINEE! CONSUL1 INC. East. C.o~e? C, oun cer~ral angle of O~ 17g.~ feet;, ~ Ng0"I:30'00"W 45.CX~ ~ N'72e04'14· BS.C~ fee~ ~o 8n ~ lING ~NTS T£1~:$H TT5 9121 001971 OR BOOK VlLLAGE WALX TEMPORARY DRAJNAGE EASEMEN'T OESCI:IIPTION P. 003 0Ol 197 .PAGE I in ~e noreea~ quarter cd Sec*fiofl 6, Township 49 ~'~ ~ ~ ~d ~ ~.~ feel ~eaF~ ~'4~; ~ ~ N~E ~.~ fee; mence m~'~ J48.~ le~ ~ ~ ~el; ~ ~"~S'2~ 487.g7 feet; ~ f~ ~ ~4 ~ OF BEGINt;ING. The al:~we descfll s m~ &'aa of at:q:~c~x~n~.ely 2e-'3.20~ sOd,are feet cx 6.04 ames of land. / Subloct to ea~emerlnf, res:ric~o,~s ~:~ ret~,'ations of rec~*d. COASTAL ENGFNEERING CONSULTANTS, INC. 3106 SOUTH HORSESHOE DRIVE $. FLORIDA 33942 (813) E4.~.2324 Florida CertificaTe No. 5295 :' NOT VALID UN~ SIGNED ' "~ '~' '~' :" '. ' EMBO~EO SEAL OF THE SURVE'~.".~' ' '"%_ · ' C.E.¢. ~LE NO. SUR\DES~NEy~fO~t' . ',:-~ ~' DATE: ?-,t/-,9,/ :; :, :~' "' · .' ~."' · . :,% · ....-;~'...' .- '..~'. '"-V...':,'.': ~': ' . · .:, --.,../.'.- · · . · J AUG 0 5 1997em.' jP.O3. ,1],IL. -).2:9'1 ITUE} 0~.'5! 'o0'1971 OR~OOK 00'r 198 PAGE !~. 004 e?-22-97 es:s~ l'RON:551 ?75 9121 .EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMEi~-T(S) RECOGNIZING ADDITIONAL REVENUE IN FUND 111 FOR MAPPING WORK. Approval of a Budget Amendment(s) recognizing additional revenue Fund 122, Object Code :342350 (Sales Of Naps and Publications) to be used towards the purchase of a PEN Plotter from the Graphics and Technical Support Capital Outlay budget (Fund 222, Cost Center 23831:3). CONSZDERATION.. The Graphics Section, which is part of Administration In the Community Development and Environmental Services Division, recently completed mapping work for the City of Naples for which they received slightly In excess of' $4500. As it was not known at the beginning of the Fiscal Year that this revenue would be forthcoming, It was not included in the adopted FY 96-97 Budget. The Graphics Section performs mapping functions for the Community Development and Environmental Services Division as well as other departments of the County and outside customers. They currently use a mapping machine which is over 20 years old, has been replaced by modern technology, and cannot be covered by a maintenance agreement. They are desirous of replacing this machine with a new PEN Plotter which will cost around $5700. Since staff was aware (at the time of budget Preparation for Fiscal Year 97-98) that the $4500 in revenues would be received by the County before the end of Fiscal Year 96-97 and anticipating that the funds would be available for the purchase of this PEN Plotter, they did not include the purchase of a new PEN Plotter In their proposed budget for Fiscal Year 97-98. ~C~~: The $4500 was an unanticipated revenue. The cost of the new PEN Plotter will be around $5700. The additional $2200 needed for this Purchase is in the Capital Outlay portion of the budget for Graphics and Technical Support, Fund 111, Cost Center 138.313. GROW'I'H MANAGEMENT ZMPAC'['_: None. RECOMMENDATZON: That the Board of County Commissioners approve a Budget Amendment(s) recognizing $4500 In additional revenue In Fund 11! to be used by Graphics and Technical Support for the purchase of a new PEN Plotter. Tom McDanlel, Chief Graphics Technician _Date: '7 - Community Development and Environmental Services 0 5 1997 REQUEST TO GRANT FINAL ACCEPTANCE OF ~ ROADWAY, DRAI~QE, WATER AND SEWER IMPROV'BMENT8 FOR TH~ FINA~ PLAT O:F 'VILLAGE WALE, PHASE ONE" To 9rant final acceptance of .Village Walk, Phase One" ~ONS ID~.ATIO~_ ~ 1. On March 22, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Village Walk, Phase One". 2. The roadway, drainage, water and sewer i roy required by the ~ , ~A ~ ........ mp. ements not . ~la~ ~ me ma~nnalneQ by the project's homeowners association wtll be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney,s Office. A copy of the document is attached. FISCAL IMPACT~ The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County, Utility Divisions. Funds for the rout/ne maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. · RONTHMAN~G~MENT IM~A~ None 1997' / Executive ~ammary Village Walk, Phase One Page 2 TPmt the Board of County Commissioners grant final acceptance of Che roadway, drainage, water and sewer improvements in 'Village Walk, Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review n-z. 4-q'l Date Thomas E. Kuck, P.~. - Engineering Review Manager Planing Services Director Vincent A. Cautero, Administrator Co~,..unit¥ Dev. and Environmental Svcs. Date Date Co~.unity Dev. and Environmental ~vcs. DIVISION JRH: ew AUG05 1997 CGNT! NAP ! to URBAN 3 CORKS CREW AL. I GOLDEN GATE OTY 13 AUG 0 5 Pl. RESOLUTION NO. 97-. RESOLUTION AUTHOP..IZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IIVtPROVEMEIx~S IN V~LLAGE WALK PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING TH~ ~A24CE RESPONSIBILITY FOR TI~ ROADg/AY, DRAINAGE , WATER AND SEWER IMPROVL:M'ENTS TH. AT ARE NOT REQ~ TO BE MA]NTAINED BY TEE H01v~EOWNERS ASSOCIATION. WHEREAS, the Bo,mi of County Commissioners of Collier County, Florida, on August 2, 1994 approved the plat of Villag~ Walk l~ue One for rtcording; md WHEREAS, the &velcqm' las cotmn~ted md maintained thc roadway, dr'aimgc, water required by the Land l~-velopment Code {Collier County Ordinance No. 91-102, as amended); and the Utitities Standards ed Procedures Ordinance (Collier County Ordinance No. 97-I'/, and WHEREAS, the developer hu now requested final acceptance oftbe roadway, drainage, water and Kwer improvements and release otttls maintenance security;, and WEID. EAS,',he Complince Services Section of thc Development Services Deparanent las inspected the roadway, drab~je, watcr and sewer impmvcments and is r~commmding acceptance ofsald f~cJlities, NOW, THEREFORE, BE IT RESOLVED BY THZ BOARD OF COUNTY COM~SSIONERS OF COLLIER COLTN'I'Y, FLORIDA, that fina! acceptance be grmted for those roadway, drainage, water and sewer improvements in Villag¢ WaN. Phase One, ed authorize the Clerk to release the maintenance security. BE IT FUR~ RESOLVED AND ORDERED that thc County accept the Rttur~ maintenance and other ~ttend~mt coats for the roadway, drainage, water md sewer impmvemems that a~e not required to be malnt~ned by the homeowners usociatlon. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~ COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY L HANCOCK, CHAIRMAN App~-oved u to form and legal sufficiency:. Hddi F. A~ton Aasi~an! Collier Cou~B~ AUG 0 5 P. EQU~ST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND ~ ZMPP.~B FOR TH~ FL~QtL PLAT OF "VILLAGE WALK, PHASE TWO" To grant final acceptance of "Village Walk, Phase Two" CONSIDERATION~ 4e On October 3, 1995, the Board of County Co~issioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Village Walk, Phase Two". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT; The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be ~aintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. ~OWTHM~NA~EMENT IMPACT, None AUG 0 5 1997 Executive Summary Village Walk, Phase Two Page 2 That the Board of County Commissioners grant final accepcance of the roadway, drainage, water and sewer improvements in "Village Walk, Phase Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworch, S~n'ior Engineer D~te Engineering Review Thoma~-E. Kuck, P.E. Engineering Review Manager Donald-W'/-~rnold Planning Services Director ncent A. Cautero, Administrator Community Dev. and Environmental Svcs. Date Date Date Community Dev. and Environmental Svcs. DIVISION JR}{:ew AUG 0 5 1997 CGNT NAP AL ,, LMI? N UR (C· 114) ,. · " ~NT 1 UlWT ~1 GOLDEN GATE CORI(5 kNIT 2 4 '7 $ 12 14 I'/ 19 2l 22 :23 24 25 '~? ~9 32 .37 4O 41 ,42 4~ 4~ 4'7 4~ 4~ 5O RESOLUTION N0. RESOLUTION AUTHORIZING I:'~NAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IM?RO~S IN VILLAGE WALK PHASE TWO, RELEASE OF TEE }v~O2~'ENANCE SECURITY. AND ACCEPT~G TH~ ~..~r~IANCE RESPONSI~R.~rY FOR THE ROADWAY, DRAinAGE , WATER AND SEWER I]ViPRO~'TS THAT ARE NOT IL~QUTRED TO BE MAINTAIT~ED BY TH~ HOMeOWnERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on Much 1995 approved ~e plat of Village Walk Phase Two for recording; and ~AS, the developer hts constructed a~d maintained thc roadway, drainage, water and sewer imptovemems in accordance w~th the q:q~:we~ plans a~d specificadom and as ~equ~red by the Land Development Code (CoUic~ County On/~mce No. 91-~02, u m'ncndc~); and the Utilities Standards and Procedures Ordinance (Colfict County OtdLoxnce No. ~7. ! 7, and W~EREAS, the d~v¢loper l~s now t~luested final acceptance oftbe roadway, d,'=ainag¢, wale~ and stayer improvements and release of~i$ mainler~nce ~curit~, a~d IAFI-tEREAS, the Compliance Services Section of the D~vclopmcnt Services Depar~nem has inspected the roadway, cLr~inage, water ~nd sewer L-nptovemenLs nnd is reconuncnding acceptance of said facilities. NOW. THEREFORE, BE IT RESOLVED BY.TH~ BOARD OF COUNTY COIvD,ilSSIONERS OF COLLIER COUNTY. FLORIDA. that final acceptance be gr~nced for those roadway, drainage, v~er m~d s~ver improvements in Village Walk Phase Two. and authorize the Clerk to teleue the maintenance secu~ty. BE 1T FUR~ RESOLVED AND ORDERED that the County accept the future maintenance and other ~,ndant costs for the roadway, drainage, water and s~w~r imprm'~m~ts that ~re not required to be m~nt~-~ed by th~ lx~neowners usociation. This Rm~olution adopted t.-'tct motion, second tnd majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO.'vLX~SSIOKERS COLLAR COUNTY, FLORIDA B~ TE~OTHY L HANCOCK, 54 56 57 58 Approved a~ ~o form and legal No.AGX~'" -'.~ AUG 0 5 1997 APPROVAL AND EXECUTION OF AGREEMENT TO PROVIDE LEGAL COUNSEL FOR THE SOUTH CODE ENFORCEMENT BOARD. ]~[~F.t.C~i~ Board approval and execution of an agreement to provide annual legal representation for the South Code Enforcement Board and approval of a mechanism for procuring substitute counsel in conflict of interest situations. CONSIDERATION: It has been established by the County Attorney that the Code Enforcement Board, to prevent conflicts of interest, requires separate legal counsel. Counsel is in place for the original (North) Code Enforcement Board. This request is to provide legal representation for the newly created (South) Code Enforcement Board by the approval of a one- year agreement between the County and M. Jean Rawson, P.A., pursuant to RFP #97-2650. In addition to approval for primary counsel, staff is also requesting approval to retain the second-ranked applicant (Maria Chiaro, Attorney at Law) in the selection process, as $ubstimta counsel in cases where the primary provider has a conflict of interest. This request is prompted by the need for an expedited selection mechanism where conflicts of interest arise in order u~ allow substitute counsel adequate preparation time for meetings. FISCAL IMPAq: The contract agreement will commence in FY97. There are $3,000 worth of expenses associated with the execution of this agreement Funds are available from the 111 Reserve for Contingency. FY 97-98 budget provides $12,000 for the South Code Enforcement Board expenses. AGENDA rJ'£M. No. tS AU$ - 5 1997 p~., I None ~: That the Board approve and execute an agreement to provide annual legal repres~tation for the South Code Enforcement Board and approve the necessary budget amendment. SUBMITTED BY: ~ Date: '7/,a?/q7 L~da Sullivan, Code Enforcement Director Vincent A. Cautero AICP, Administrator, Community Development & Environmental Services Division THIS AGREEMENT, made and entered into on this __ da.y, of. ,1 ggT, by and between M. Jean Rawson, p. A., hereinafter ra;led the Contractor', and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the 'County': C MM N._~Q_~.~..This Agreement shall commence on the date of award by the Board of County Commissioners. The initial agreement period shall be for one year from the date of commencement. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up one hundred, eighty (180) calendar days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall provide legal services for the second or 'B' Collier County Code Enforcement Board and Nuisance Abatement Boards which shall include, but not be limited to the terms, conditions and Scope of Services of RFP #97-2650 and the Contractor's proposal hereto attached and made an integral part of this AgreemenL Procedures, methods and logistics associated with the provision of services under this Agreement shall be subject to the authority and direction of the Code Enforcement Department Director of Collier County, Florida. 3. AGREEMENT SUM AND PAYME-NT. A. The County shall pay the Contractor for the performance of this Agreement, a maximum annual fee of Twelve Thousand Dollam ($12,000). Subject to Subsection C below, the fee shall be paid by the County in twelve (12) equal monthly installments, and shall cover all services provided by the Contractor for all regular and special meetings of the Code Enforcement and Nuisance Abatement Boards, as well as any other provided services that are within the Scope of Services of RFP #97-2650. Bo Payment for services rendered shall be made by the County to the Contractor within 30 days of receipt of a proper invoice. Ail invoices for basic services provided as a part of the annual fee shall first ;nclude the date of attendance at all regularly scheduled meetings for the prior month. _ AUG 0 5 1997 Contractor agrees that if the Contractor is unable to provide services during any regularly scheduled or special meeting of he Code Enforcement and Nuisance Abatement Boards due to a conflict of interest, Contractor will not be paid for that month. In this regard, the County and the Contractor shall endeavor to review each proposed meeting agenda in advance so as to schedule matters raising a conflict in a single month(s) during the term of this Agreement. By the same token, if a meeting is canceled due to lack of a quorum or other reason outside of the control of the Contractor (other than a conflict of interest), then the Contractor shall still receive its monthly installment. All invoices shall coniain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Section 218.70, Florida Statutes, otherwise known as 'The FJorida P. rompt Payment Act". 4. ~: All notices from the County to the Contractor shall be deemed duly sen/ed if mailed by registered or certified mail to the Contractor at the following address: M. Jean Rawson, P. A. 1250 North Tamiami Trail, Suite 302 Naples, Florida 34102 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail General Services Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. _NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Page 2 of 5 o 10. Contractor as an agent of the County. It is hereby stated to be the expressed intent of the parties that under this Agreement, Contractor shall act exclusively as an independent Contractor rendering professional services for the County and not as an employee of the County. Contractor shall be solely responsible for the payment of all applicable taxes for compensation paid to Contractor by County pursuant to this Agreement. Contractor shall not be eligible for, nor participate in any fringe benefits from the County. ERMITS: LICENSES: TAXE : The Contractor agrees to obtain and pay for all permits and licenses necessary for the conduct of its business, and agrees to comply with all laws governing the respons~ility of an employer with respect to persons employed by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. NO IMPROP~: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. DEFAULT AND TERMINATION. Either party may terminate this Agreement for convenience with a minimum of sixty (60) days written notice to the other party. The parties shall deal with each other in good faith during the sixty (60) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to the Contractor. The County shall be sole judge of non-performance. AGREEMENT PERIOD ANlp RENEWAL. This Agreement shall be effective for a period of one year from date of commencement. The County reserves the right. with the consent of the Contractor, to renew this Agreement on an annual basis for a second and third agreement period(s). No I;:)ISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page 3 of 5 Ne.'~ AUG 0 5 1997 ..5' P~. 11. ~INSURANC_[E. The Contractor shall be solely responsible to parties with whom it shall deal in can'ying out the terms of this Agreement, and shall defend. hold harmless, and indemnify the County against all claims by third parties arising from the willful or intentional misconduct, negligent acts, errors, or omissions of the Contractor. The Contractor shall carry Lawyer's Professional Liability insurance in an amount not less than $500,000.00 per occurrence. Current, valid insurance policy meeting the requirement herein identified shal be maintained by the Contractor during the duration of this Agreement. Renewal certificate shall be sent to the County thirty (30) days prior to the expiration date on any such policy. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirement that the Contractor is required to met. The Contractor shall provide the County with a certificate of insurance meeting the required insurance provision. 12. INDEMNIFICATION: The Contractor shall protect, defend, indemnify, and hold Collier County and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Contractor, its Subconsultants, Subcontractors, agents or employees, a~ising out'of or'incidental to the performa'~ce of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of the named Contractor, any Subconsultants, Subcontractors, or anyone directly or indirectly employed by any of them. The Contractor's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Contractor's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to the Contractor for performance of services authorized by this Agreement is specific consideration for the Contractor's indemnification of County. 13. 14. 15. THIS AGR_.~ shall be administered on behalf of the County by the Office of the Community Development and Environmental Services Division. COMPONENT PARTS OF THIS CONTRACT; This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Propos. a.I, Insurance Certificate, and Request for Proposal #97-2650. IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 4 of 5 AUG 0 5 1997 IN W1TNESS WHEREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. AI'i'EST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY', FLORIDA By: Dated: By:. Timothy L hancock, Chairman (Seal) ~M J_.~ean Rawson P. A Contractor First Witness ' /~~ Type/Print Witness Name M.~Rawson Typed Signature A m I h r holder Title Type~ri~t Witness Name Approved as to form and legal sufficiency:. Assistant County Attorney Page 5 of 5 AUG 0 5 1991 Pl. 7 INSURANCE ORGANIZATIONS LAWYERS PROFESSIONAL LIABILITY INSURANCE Coragis Insurance Company (A Stock Inlurance Company, hereinafter called the "Company") Policy No: FLL-000538-2 Renewal of: 524-440015-2 NOTICE: THIS IS A CLAIMS-MADE AND REPORTED POUCY. EXCEPT AS MAY BE OTHERWISE PROVIDED HEREIN, THIS COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAMS WHICH ARE FIRST MADE AG/UNST THE NAMED INSURED AND REPORTED TO THE COMPANY WHILE THE POLICY IS IN FORCE. A. Named Insured Ma~ing Address B. Policy Period : Franchino & RaY'son, P.A. : 1250 N. Tamiami Tra~ Suite 302 Naples, FL 33940 : From June 01, 1996 !o June 01, 1997 12:01 A.M. Standard Time It the Address stated herein C. Umits of Uabil*fly : $ 250,000 Each Claim : $ 500,000 Aggregate for the Policy Period D. Dedu~ble : S 5,000 Each Claim Claims Expenses are Included under the Umit of UabT~ and Dedu~ble. E. Premium : $ 5,784 he Declarations and the forms listed ~ched ompleted and signed hereto, tog~ application end supplements, shall constitute the contract belween ~e Named Insured(s) and the Company. Forms and endorsements mede · pert of this porky, ere ~sted'o~ the attached Schedule lA. Date : 06/26/96 ORIGINAL Countersigned: Authorfzad ReI COR.OOP.0771 (1,~ COLLIER COUNTY GOVERNI~iENT General Services Building Purchasing Department 8301 E. Tsm~mi Trail Naples, Florida S4112 Telephone: 941/'174-89425 FAX: 941~793-8795 A CERTIFIED BLU~ CHIP COI~IUHITY ADDENDUM DATE: TO: FROM: RE: March 27, 1997 Prospective Proposers Laura Caledonia, Buyer II Addendum #1 - RFP #97-2(;50 -'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" Addendum #1 covers the fol]o~ng change for the above-referenced Request for Proposal. Please amend the original bid document accordingly. Delete Add Rephce Correct the telephone number ~iven for Mr. Vince Cautero on the Cover Page and also on P. age 8 to read 941/643-8385. I/you require adctifional information, pl.ease contact me at 774.8425. 'v'mce Cautero, Communit7 Development Administrator Linda Sullivan, Code Enforcement Director iU~ 0 5 1997 · PS.- 9 _ COLI.IER COUNTY GOVERNMENT PURCHASFb;G DEPARTMENT TO: FROM: SUB: GEh'ERAi. SERVICES BLDG,-~ 3301 E. TAMIAMI TRAE. NAPI. ES, FI. OR. IDA 34112 (94 I) 774-8425 FAX (941) 793-379~ Prospective Proposers Laura Celedonia, Buyer II RFP #97-2650 - 'Independent Legal Counsel for the Code Enforcement and Nuisance Abatement Boards" DATE: March 21, 1997 Pursuant to action initiated by the Board of County Commissioners on November 5. 1996, the Community Development Department desires to receive proposals from a qualified and (xperienced legal firms for the above-referenced proposal. Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the closing of this Request for Proposals. If you have any immediate questions regarding the Request for Proposal, you may contact Mr. Vince Cautero, Community Development Administrator at 941/643-8407. If you have any procedural questions, you may contact me at 774-8425. We look forward to your participation in this process. CC: Vince Cautero, Community Development Administrator Linda Sullivan, Code Enforcement Director AUG 0 5 1997 'Independent Legal Counsel for the Code EnForcement & Nuisance Abatement Boards- Table of Contents Page Number Invitation for Proposals Legal Notice 3 Non-proposer's Response 4 Instructions to Proposers 5 -8 Scope of Services ............. 10 Evaluation & Selection Procedures ............. 11 Insurance Requirements 12 Proposers Qualification Form 13-14 Proposer's Check List 15 Proposal Form 16 uestFor·o os:l I 7- GS ~ PUBLIC NOTICE OF REQUEST FOR PROPOSALS 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" Pursuant to action by the Board of County Commissioners On November 5, 1996 for a second or 'B" Code Enforcement Board, Sealed Proposals for Independent Legal Counsel for the Code Enforcement and Nuisance Abatement Boards will be received until 3:00 p.m. on Friday, April 25, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, FlOrida 33962. All proposals shall be made upon the enclosed forms requesting pertinent Information which will be used by the County in making its evaluation of the proposals. All Proposals Shall be submi~ed in accordance with the Instructions to Proposers and l~he Request for Proposal specifications. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marit:al status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .Stephen Y. Carnell, CSM Purchasing/General Services Director 3/~I/97. ~ . os~! ~ ?. 650 NON-PROPOSER'S RESPONSE 'Independent Legal Counsel For the Code EnForcement & Nuisance Abatement Boards- For PUrposes of facili~ating your firm's response to our RFP Invitation, we are Interested In ascertaining reasons for prospective Proposer~s failure to respond to RFP lnvi~ations. If Your firm is not responding to this RFP, please in~llcate the reason(s) by checking any appropriate Items(s) listed below and return this form to Collier County Purchasing Department, County Government Center, General Services Building, Naples, Florida 34112. We are not responding to this RFP lnvi~ation for the following reason(s): Services requested are not provlded by our firm; Our servlces do not meet the Scope of Services: Circle one. Scope of Services were: Not clearly understood, Not applicable, Too vague, Too rigid, or ~ Insufficient time allowed for Preparation of RFP; ___ Incorrect address used. Please correct mailing address: Other reason~s): Name of Firm: Mailing Address: City, share, ZIP: Phone ( ) By: Signature of Rel~resentaUve esot Fo~' Pro 'independent Legal Counsel For the Code EnForcement & Nulsance Abatement Boards' INSTRUCTIONSTO PROPOSERS Any firm who Is a reciplenl: of County funds, or who proposes to perform any work or furnish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age, religion, race, sex, color or national origin, nor otherwise commit an unfair employment practice. The Proposer shall be solely responsible to parl:ies with whom it shall deal in carrying out the terms of this agreement and shall defend, hold harmless, and Indemnify the County against all claims of whatever nature by third parties. ROPOSAL UBM1SSION: Four (4) sets of the proposal must be provided, with the ~ ~ mar~ submitted in sealed envelopes wii:h the RFP Number, Title, and clue date clearly stated on the envelope. All proposals, Including qualifications and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamlami Trail, General Services Building, Naples, Florida 34112 on or before 3:00 P.M., Collier County Time on Friday, April 25, 1997 Any proposals received afl:er the time and date specified wiO not be considered. ~: Each Proposer must submit the Proposal Form included in this Request for Proposal. ~: Only one proposal from a legal entity will be considered. If it is found that a Proposer Is Interested In more than one proposal, all proposals in whlch such a Proposer is Interested will be rejected. LJ~J~T.~: Each Proposer must complete and submit the Qualification form Included In this Request for Propo,sal. Prospective Proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions and professional discipline. I F : The Proposer must sign the proposal In the spaces provided for signatures. If the Proposer Is an Indlvldual, the words 'Sole Owner' shall appear afl:er his signature. If the Proposer is a partnership, the word 'Partner' shall appear after the signature of one of the partners. If the Proposer Is a corporation, the signatur= rcq:":~ ~: fh~ Officer, Officers or Indivldual duly authorized b · . . Its by-~w~ ~, u,= Dparu ~. ~'~~ to blnd the corporation with official corporate seal affixed thereto. ~ "--~'-~ / AUGO~1997 / . .. I ~.e uest For Pro o$~! 'independent Legal Counsel for the Code Enforcement & flulsanc~ Abatement Boards" INSTRUCTIONS TO PROPOSERS (Continued) NT RP ET TI N P ME ND E GA ON F R JE : EaCh Proposer shall thoroughly examine the Proposal Documents, and Judge for himself all matters relating to the location and the character of the services he agrees to perform. If the Proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Administrator or his staff shall be responsible for oral Interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. ROTECTION OF RIGHTS OF COUN : The County reserves the right to Include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights Of Collier County. ~: Award of contract shall be made to the a~orneys/firm that submit the best overall proposal based on the requirements, standards and criteria established within the Request for Proposal as well as upon the stated ability to deliver services In a cosc effective manner as reflected In tl~e proposed annual fee. The County reserves the right to award contracts to multiple a~torneys/firms where it deems such award to be necessary or appropriate. Award Shall be made by the Board of County Commissioners. The County reserves the right to waive any minor Irregularities In any proposal, to reject any or all proposals, to re-solicit for proposals, If desired, and upon recommendatlon and Justificatlon, to accept the proposal(s) which, In the Judgment of the County, is deemed the most advantageous for the public and Collier County. Any proposal which Is Incomplete, conditional, obscure or which contains IrregulariUes of any kind, may be cause for rejection of the proposal. In the event of default of the successful Proposer, or his refusal to enter Into contract, the County reserves the right to accept the proposal of any other Proposer or to re-solicit other proposals using the same or revised documentation. G 0 5 1997 ' e u stF rPro o$~15 gT- 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" INSTRUCTIONS TO PROPOSERS (Continued) ROTEST ROCEDU : Any actual or prospective respondent to a Request for Proposal who is aggrieved shall file a ~ protest with the Purchasing Director prior to the acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised acceptance date for the Request for Proposals. Award of contracts will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of In~ent lo protest with the Purchasing Director within two (2) calendar clays (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given Instructions as to the form and content requirements of the formal protest. A copy of the 'Protest Policy' is available at the office of the Purchasing Director. pAYMENT OF INVOICES FOR SERVICES AND REIMBURSABLE COSTe,: The County wiU_ make payment to the Contractor on a monthly basis for services rendered. Paymel will be processed within thirty GO) days of receipt of a ~ invoice. In determinin whether a proper Invoice has been submitted, the County shall consider, but not be limited to use the following criteria. 1. The proper name of payee as It appears in the contract; 2. The date of the Invoice; :~. The descrlptlon of services, and the time period in which billable services were rendered. Cost reimbursement shall not be permitted for the following: a. travel within the confines of Collier County; b. travel per diem within the confines of Collier County; c. postage; d. long distance toll charges; e. copying costs; f. secretarial or paralegal expenses; g. written memoranda to Board; h. document delivery costs. 4. All fees and costs correctly Itemized In unit and extended form and submitted In the manner prescribed; 5. The requirements of Section 218.70, F.S., otherwise known as 'The Florida Prompt Payment Act'. Rfqu.esc For Propos=ls 197-26S0 'Independent Legal Counsel for the Code EnForcement & Nuisance Abatement Boards" INSTRUCTIONS TO PROPOSERS (Continued) .CONTRACT RENEWAL: The County shall enter into contract with the successful Proposer for a period of one year from the date of the award by the Board of County Commissioners. The County, at Its discretion, shall have the option to renew this contract following the above Initial term, for a second and third contract period respectlvety. Such renewal shall be under the same terms and conditions. If any change in conditions is negotiated, said renewal will be upon approval by the Board of County Commissioners and shall be completed thirty (30) days prior to the terrninarJon of each contract period. TERMINATION: Should the attorney/firm be found to have failecl to 13erform his services in a manner satisfactory to the County per the recluirernent3 of the contract, the County may terminate the contract immediately for cause; fur1~er 133e County may terminate the contract for convenience wir~l a seven (71 cay wrJl:r~n no:ice. The County shall be sole judge of non-performance. BLG~._~._N_G: All fi~ns are hereby placed on Commissioners does not wish to be lobbied _ about a projE~ for ~ich 3 fi~ ~ ~bm~d not to con~ membe~ of ~e Counw Comm~on ln~oduc~on, luncheons, dinne~, etc ~Hng ~e ~nal Board aoDro~, no fi~ or ~eir agent Collier Coun~ in reference to ~is ~1, wire Director. Failure to abide ~y mis prov~ion ~ for a~rd of mis con~ to me fi~. ADDITIONAL INFORMATION: Other than minor proce,Ltt~ ~, ~ regarding this proposal must be In wrlting and submll:tecl to:. Mr. Vincent Cautero Community Development & Environmental Services Administrator 2800 North Horseshoe Drive Naples, Rorlcla 34104 Telephone 941/643-8407 Written questions must be received no later than ten (10] Collier County work days rD_cL~.c to Proposal closing date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions w; amendment only. ii b=/.~.~,.-~-~.~.1. AUG 0 5 ]997 7- 0 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" SCOPE OF SERVICES The County desires to enter lnCo contract wlth licensed practicing attorneys/firms for the provision of legal counsel. Said services would be performed for a second Code Enforcement Board and Nuisance Abatement Board. The Intent of the County Is to obtain competent legal representation In a cost-effective manner for each Board. Admission to practice law in the State of Florida by Florida Supreme Court/Florida Bar Assoclatlon Membership Is ~.~ for the Proposer. Anyone not so qualified Shall be rejected as non- qualified. Proposers shall submit an offer for the services shown, provided that the proposal is complete, Including the submission of a proposed fiat annual fee. No proposed annual fee In excess of $18,000 Shall be considered and any such proposed fee Shall be cause for rejection of the proposaL The fee tendered in the Proposer's office shall be considered firm and fixed. The annual fee Shall be paid by the County in twelve (12) equal monthly installments. The selected a~orney/firrn will Provide legal services for the Collier County Code Enforcement and Nuisance Abatement Boards established pursuant to Collier County Ordinance 92-80 as amended. Services shall Include, but not be limited to the following. 1. Represent the COde Enforcement Board and Nuisance Abatement Boards at hearings Including: · Review of case files; · Familiarity with and knowledge of appropriate ordinances for the respective Boards Including 92-80 as amended; · Prepare Board orders (including, but not limited to, Judgment directed to respondent, served by certified mail), contact with County A~torney's Office and Code Enforcement staff regarding administrative and/or Procedural matters associated with the Code Enforcement Board. 2. Attend hearings for Boards; the Code Enforcement Board conducts regularly scheduled monthly meetings, the Nuisance Abatement Board meets when necessary. The estimated number of cases is 15-20 annually; 3. Prepare necessary documents In advance of meeting; 4. Prepare and obtain signatures (Chairman, etc.) and distribute orders Issued by Boards (within 10 days of action]; S. Review of ordinances, amendments, fine reductions, liens and oth~ 6. Attvise Boartl on legal Issues which arise tluring hearings. 'Independent Legal Counsel for the Code EnForcement & Nuisance Abatement Boards" SCOPE OF SERVICES (Continued) Selected attorney/firm shall not have a conflict In representation. Should such a conflict occur, the attorney shall advlse the County and the Board of any conflict in representation. In this regard, no attorney/firm may ever represent a person or entity in a matter before the Board if that attorney/firm is also counsel for the Board in question. Likewise, a Board a~orney/firm may not represent the Interests of an Individual Board Member during the period the attorney/firm serves as counsel to the Board. Other potential conflict situations shall be resolved on a case-by-case basis. In Instances where the attorney/firm must recuse himself/itself, the aL'torney/firm will not be paid for that month. If a meeting Is canceled due to lack of quorum or other reason ourside of the contro; of the attorney/firm (other than a conflict of interest, l, then the attorney/firm shall still receive irs monthly Installment. For the Proposer's Information, following Is a list of the current board members for the COde Enforcement Boards, North and South. The existing Board is the 'Nor'Ch" Board, with the dividing line being Golden Gate Parkway. Please refer to the ac:ached map. The 'South' Board will cover the area south of Golden Gate Parkway, including Golden Gate City. CODE ENFORCEMENT BOARD MEMBERS: ~ORTH BOARD Jim Allen Charles M. Andrews Celia Deifik Mireya Louviere Richard McCormick Fred Mueller George Ponte ~;OUTH BOARD Guy P. Adams Lynn eradeen Maurlce Dlvlto James E. LevlnskJ Randy E. Merrill Rona E. Saunders Diane Taylor Alternates: Llnda Griffin Louis LaForet Alternates: Robert K. Lockhart Louis P. Osley Attorneys/firms should be familiar with Chapters 119 and 162 F.S. and County ordinances. Experience with quasi-Judicial boards or proceedings, other governmental entitles and/or other administrative proceedlngs Is required. Current resumes must be Included for Indlvlduals that are assigned to the subsequent contract_ AUG 0 5 1997 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards' ranked on the basis of the following criteria. Proposals Will be reviewed by a selection Oualifications of Firm Oualifications of Individuals assigned to contract Total Possible Points: Fee Proposal aO committee and Subsequent to Initial review of the proposals received, the Selection Cornrni~ee w~Il evaluate the proposals, based on the above-stated criteria, and reserves the right to schedule Interviews with any of the Proposers. The Selection Committee Will review ali proposals submitted and Pre-qualify the Proposers using the criteria set forth above. Upon the selection of the top three proposals for each Board, the Selection Cornrnittee Will forward ranking recomrnendations to the Board of County Cornmlssloners to be placed on the Board's agencta for final ranking and award. Upon Instructions from the Board, the Selection Cornnrnittee shall begin contract preparaUon With the selected firms. If the negotiaUons With the number.one ranked Proposers fall, the Selection Comrnittee Will negotiate with the next ranked firm. TI~Is Process will continue until a Proposer Is selected and a Contract Is entered into. AUG 0 5 1997 'Independent Legal Counsel for the Code EnForcement & Nuisance Abatement Boards" INSURANCE REQUIREMENTS ~: The Proposer must agree that it shall be solely responsible to parties with whom it shall deal in carrying out the terms of the contract and shall defend, hold harmless, and Indemnify the County against all claims by third parties arising from the willful misconduct, negligent acts, errors, or omissions of the Proposer. The Proposer shall carry Lawyers Professional LlabiliW Insurance in an amount not less than $500,000.00. IJ.~J_~F,~[[~T~: The Proposer shall protect, defend, Indemnify, and hold Collier County and Its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, Including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Proposer, Its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the Performance of this Agreement or work performed thereunder, Including any claimCs) brought against the County, its officers, employees, or agents by any employee of the named Proposer, any Subconsultants, Subcontractors, or anyone directly or Indirectly employed by any of them. The Proposers obligation under this provision shall not be limited In any way by the agreed-upon total contract fee specified in this Agreement or the Proposers limit of, or lack of, sufficient Insurance protection. The parties agree that one percent (1%) of the total compensation to the Proposer for performance of services authorized by this Agreement is specific consideration for the Proposer's indemnification of CounW. UG 0,5 997 'Independent Legal C¢'~nsel for the Code Enforcement & Nuisance Abatement Boards' PROPOSERS QUALIFICATION FORM FIEM NAME: Address: Clty: ~ .S~ate ~ZIP Telephone: (~_2~L.) TYPE OF FIRM: x . Corporation/Years in Business: __ Partnership/Years In Business: __ Sole Proprietorship/Years in Business: OFFICERS/PARTNERS OR OWNERS & EXPERIENCE: H..Tean Raison Shaceholdec Year Admi~ed 1988 Licensed Atl:orneys: .--ilL---- Legal Secretaries: Other Personnel: Paralegal/Legal Assistants: OTHER INFORMATION: Have any Judgments, criminal convictions, and/or professional disciplines been Imposed against your firm or any of its princlples/parthers/associates? Are there any claims, lawsuits, criminal violations or disciplinary actions pending against your firm, principles/partners/associates at the present time? Has any principle/partner/associate of the firm ever had his/her record expunged for any reason? I-1 Yes [] Yes !"1 Yes [] No I~ No bl'l NO If 'yes" tO any of the above, please explain. 'independent Legal Counsel for the Code EnForcement & Nuisance Abatement Boards' P3t¢ 14 PROPOSERS QUALIRCATION FORM (Continued) In the space provided below, please Identify the kev g. gJ:3.Q_qJa~ who will be rendering services under this agreement, their respective titles and a brief summary of their role (what they will be doingl and whether their role Will be primary (providing services directly) or secondary (providing support to primary provider). Please att. ach resumes for all legal professionals Identified below NAME FLORID.___~A BAR t TITLE/POSITION ] PROPOSED ROLE ~. Jean P~vson 750311 Attotney/ShaceholdetJ Primary Con~act person for this agreement: Jean Ravson Print or Type Clearly Pursuant to Information for prospective Proposers for the above-mentioned proposed project, the undersigned Is submitting the Information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work Intended, and further, guarantee the truth and accuracy of all stal:ement5 herein made. We will accept your determination of qualifications without prejudice. 0 Name of Organization: By: Title: Attested By: Title: Date: oo AUG 0 5 t997 u F os~! I 7- 0 'Independent Legal Counsel For the Code EnForcement & Nuisance Abatement Boards" THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECK LIST L~: please read carefully, sign in the spaces Indicated and return with your Proposal. Proposer should check off each of the following Items as tl~e necessary action is completed: ~-~f. TI~e Proposal has been signed; ~2. Any addendum have been signed and included; ~--3. TI~e mailing envelope has been addressed to · CollierCounCy Purcl~asing Director · c/o Board of CountyCommissloners · Collier CounW Government Center · General Services Building · 3301 East Tamiami Trail · Naples, FLorida 34112 Ttqe mailing envelope must be ~ and marke~ wen · PrOpOSal Number; · Proposal Title; · Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAIJ~Fp NUMBER AND TITLI~ ON THE OUTSIDE OF THE COURIER PACKET Company Name: Signature & Title: Date: April 8, 1997 '~gQ O~-~- ~'~~ ACl:oraeT/$hareholder u r Pr~ 3f JgT- 0 CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Government Center Naples, Florida 33962 Dear Commissioners: The undersigned, as Proposer, hereby declares that he has examined the Scope of Services, and Informed himself fully in regard to all conditions pertaining to the work to be performed pursuant to the development of this proposal. The Proposer further declares that the only persons, company or parties interested In this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any o~:her person, company or companies making a Proposal; and It is in all respect5 fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby cleclared and guaranteed to be in conformance with the scope of services. Annu--.I Fee ~or Services: The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing DirEctor for approval within ten (10) clays after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within ten (10) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8 day of -~i----~-, 1997 in the County of_F,~j4.~.~__., In the state of_~:iort~-~-- . Firm's Complete Legal Name Check one of' the following: Sole Proprletorsl~lp Eg Corporation or Umlteci Partnership !'1 General Partnership PI~one No. 263-8357 _FAX No. 263-0445 Address: Ci~y, State, Z/p [,/ Written signature. S_ Typed Name Title: i I L APPROVAL OF A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUES FOR FIRE PLANS REVIEW TO BE COLLECTED AND PAID TO THE NORTH NAPLES FIRE DISTRICT. OIMECTIVE: Approval of a budget amendmen~ to nn~>gnize additional tvvenues in the amount of $75,400 for fire plans review to be paid to the North Naples Fire Diswict acting as the CONSIDERATIONS: An interlocal agn~emem between Collier County and the Independent Fire Dislxicts to provide fire plans review services was approved by the Board of County Comrnissione~ in January, 1997. In accordance with this agreement, which w~ ~,~Tecfive on March !, 1997, all fees collected into 113-138900-322545 are to be disbursed to the North Naples Fi~ Diswict who is acting as the Administrative District for all the Fire Disuict~. During the budget process for FY97 SI 50,000 in t~,venue~ wa~ e~imated for fire plans review. Increased po'mit activity for high ~ building~ hav~ cau~ revenues for fire plans r~view to b~ higher than expecu~ It i~ anticipated tlm ~m Mditional S75,400 in rt-'venue will be collected for North Naple~ Fir~ Disadct in accordance with fhe Imedocal Agreement. FISCAL IMPACT: None. GROWTH MANAGEMENT IM~A~: None. RECOMMENDATION: The Board to recognize S75,400 in additional r~z~nues which will be paid to the North Naples Fire Districn in accordance with the lmerlocal Agr~nem and approve the necessary budget amendment Buildin~ Review and Permitting Department Vincent A. Cautero, AICP Administrator, Community Dev. and Environmental Svcs. Division AUG 0 5 1997 TO OBTAIN BCC AI'PROV~ OF BUDGET AMENDMENT TO IN(3LF. ASI: PUR~ ORDERS FOR SOLID WASTE COLLECTION IN FRANCHISE SKi'VICX AREAS ONE AND l~crea~e the Ar~ O~ Uae i~:m (4T~-I T3411 .~34~00) by ~20,000.00 Increase the Ar~ Two line ~ (473-1'/3412.634800) by ~ Decrease Furai 473 Re.we ~ ~ (473-919010991000) by $~3~00.00 PRI:PARED BY: BY: BY: ~SoUd Wsm . DATE: David W. ~ SoUd W~e Ditec~ AWARD CONTRACT TO CONSTRUCT SOUTH COUNTY REGIONAL TREATMENT PLANT BACKWASH RETENTION POND MODIFICATIONS, 97-2676. WATER BID NO. fi]~ That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to construct the South County Regional Water Treatment Plant (SCRWTP) Backwash Retention Pond Modifications. ~ On June 5, 1997, invitations to bid this project were sent. Fourteen rets of bid documents were .sold to interesle, d bidders. On July 9, 1997, three bids were received as follows: BIDDER Total Base Bid Alternate No. I Alternate No. 2 Alternate No. 3 D.N. Higgins, ]nc. McKili Constructors, Inc. Mitchell & Stark Construction Co., Inc. $166,400 $144,786 $118,690 11,300 8,900 2,500 7,400 9,700 7,810 12,500 11,000 16,000 Total Base Bid + Alternates No. 1,2, & 3 $197,600 $174,386 $145,000 The Design Professional's Estimate for the project was $150,000 for the total base bid plus all three alternates. Mitchell & Stark Construction Co., Inc. was the lowest, responsive bidder. The Design Professional, Kris Jain of Kris Jain & Associates, Inc., recommends awarding the project to Mitchell & Stark Construction Co., Inc. in his letter dated July 16, 1997 for the total base bid plus all three alternates in the amount of $145,000. Mitchell & Stark Construction Co., Inc. has a satisfactory performance record on previous projects involving similar work for the County. The current construction budget is $108,525. The current budget did not include all thr~ alternates and changes in the scope of the design. Alternate No. 1 is for a new water line, Alternate No. 2 is for new electrical lighting, and Alternate No. 3 is for a new chain link fence around the pond. Additional funding of $50,975 is required for construction including 10% eonting~cy based on the low bid amount of $145,000. The current OCPM fee budget for this project is $5,000. Additional funding of $2,500 is r~quired bee. am of the changes in design scope, additional permitting requir~nents by the Florida D~artment of Environmental Protection, and additional construction inspection activities required. 1~ Funds for construction of this project in the amount of $108,525.00 ,vailable bom Fund 412-273511-763100-70017: SCRW'rP Water Plant Improvements (County · Water Capital Projects Fund). A Budget Amendment is needed to transfer funds a_..s____ follows: [ ,, Amount: From: To: $50,975 412 Reserves for Water Capital Outlay. 412-273511-763100-70017 (South County Regional Water Treatment Plant Improvements). In addition, transfer of funds for additional OCPM fees is as follows: Amount: $2,500 From: 412 Reserves for Water Capital Outlay. To: 412-273511-631551-70017 (South County Regional Water Treatment Plant Improvements). ~ are available in fund &12 tese=ves. ~ None ~ Staff reconnnends that the Board of County Conuniss/oncrs, As Ex-Officio the Governing Board of the Collier County W~Ier-Sewer District, award ami authorize Chairman to exccuie ~m Agreement with bfitchell & Stark Construction CO., Inc./n the amount of $145,000.00 for Bid No. 97-2676, SCRWTP Backwash Retention Pond Modifications and the necessary budgc~ amendment. PREPARED BY: ~~'. ~ject Manager /6~~ Office of Capital Projects Management REVIEWED BY: Purchasing Department // REVIEWED BY: ~ Adolfo A. Gon~alez, p.E._.~recl6r Office ° f C?..~Jh/"/g~Jef.~anagement. REVIEWED BY: ' " REVIEWED BY~ - Ed II~hn~,'Administrator Public Works Division DATE: DATE: DATE: DATE: cc: File No. 70017.08 KRIS JAIN & ASSOC., INC. CONSULTING ENGINEERS Ge0 NINTH ST. N. · SUITE 36 · NAPLES. FL 33140 · (e41) 282.4225 PAX 262-4701 M~. Mohan Thaznpi Off~ of Capital Project ldanajement 3301 Es.st Tn'niami Tra. i! Naples, FL 34112 Rcf: Backwash Rt",e~tion Pond Modifications SCRWTP. Collier County Bid # 97-2676 (KJA #9614) RECEIVED,., ,6. JUL 17 1997 OFFICE OF ca,, ..... PROJECTS Dca: Mohan: We have reviewed cc~ies of the three bids received by Collier County l)uz~r.~uinj Dcpaz'tmcn! on the refeTcnced project. Following is a bid su~ana~: Total Base Bid S166,400 $144,786 SI 18,690 All. #1, Water Line 11,300 8,gel0 2,500 Alt. #2, Lijht Poles 7,400 9,700 7,810 Alt. 13, C.L. Fence 12.500 II.000 ~ Total Base Bid + Alt. 1.2 & 3 Ali three bids appear to be in order. a~atcnt Iow bidder. SI9'7,600 S174,386 S145,0430 Mitchell & St~rk with a total base bid plus alternates of S145,000 is the We have contacted Mitchell & stark, the luw bid4cr and checked their experience and r~f~. We fred ~ them to be quasified ~md ex~-ricnc~ to consm~ ~ r~eT~ced pmj~. we m',derst~ tram them ~ d~iv~n-~ time on the sluic~ ~ates of 2 ¼ months may be a CTJtJCal factor for substantial complc~ion. However, wit~ tizntly submin~s, this could be reduced by a fcw weeks. We recommend Mltchefl & Stark of N~ples be awarded the contract for fl~e pond modification~ for the Base Bid + the 3 Altcrnates with a to~ cost of S14S,000.00. Please advise them ~eg~'din~ ~e contract awazd and to do the necessa.-y paperwork fo~ contrnct execution, Notice Io Proceed and IM Notice of conm~nccment. Sl)ou~d ~ be any questions, please let us know. Very truly yours, KRIS JAIN & ASSOC., INC. MEMBER: FE$ · ASCE ACI EXECUTIVE SUMMARY AWARD BID NO. 97-2666 TO MIT~ BUILDING CONTRACTORS, INC. FOR THE RESTORATION OF THE HISTORIC EVERGLADES LAUNDRY BUILDING IN EVERGLADES CITY, AND AUTHORXZE THE ~ TO SIGN CONTRACT DOCUMENTS WITH THE GENERAL CONTRACTOR SOLICITED UNDER TI-HS BID. ~: Award bid number 97-26~6 to Mitchell Building Contractors, Inc., of Orlando, Florida, for the restoration ofthe historic Everglades laundry building in Everglades City, ~,.d aud~orize the Chai~ to sign contract documents with the general contractor solicited under tlgs bid. ~~I~,~.0.E~: On lsnueT S, 1997 · Requem tot Quar~ CRFQ No. 97-2624) was posted by the County Purchasing Department io seek and pre-quaJi~y interested general contractors expe~ in the renovation of historic structures to restore the Everglades laundry building in Everglades City. T~e project is fiJnded through a Special Caxesory preservation grant of:!;360,902 aww'ded by the Florida Department of State, Division of~storical Resources. A total of 93 inquiries were sent, with 17 vendors requesting the full bid package. Of this number, responses were received from six vendors. (See Tabulation for RFQ ~97-2624, attached). The statements of qualifications and historic restoration experience were reviewed and ranked by a select~on comnT~ee on March 26, 1997. The following three fu-ms were pre-~ed: Mhchell Bm'ldin8 Contractors~ Inc.; Metric Constructors; and Gulf Coast Construction, Inc. Bid number 97-2666 wa~ ~ posted on April I0, 1997 and invitations for ~ were A mandatory pre-bid conference was held at the job site in Everglades City on AI~ 17, 1997 ~ Cotmty staffand the project architect, Chalmers Yeilding. One bidder, l~xchel] Building Contractors, bidder was ]~ttdeil BraWling Conuactors with a bid of $487,489 which clearly exceeded the grant funds available for the project. (See Tabulation For Bid ~97-2666, attached). project within budget. ~ modifica~ons are tls~ed on the revised bid proposal (attached), and resulted in · ~ negotiated bid ot'$352,490 subn'~ed on July 15, 1997 and within budget. These proposed changes have been r~,iewed and approved by State Preserv~on Architect, David Pefco, and will not compro~se ekher the integrity or quality ofthe restoration work on the structure. The Friends of the Museum ofthe Everglades have also agreed to the revised bid proposal amount and have pledged substantial additional funds to assist with developing and fabricating historical Pg._ I ]~[~~: ' The project is funded through · Special Category preservation ~ of $360,902 ~orn ~ Florida Depamnem of State, Division of Historical Resources. Fu~.ds are available in the ~fuseun Capital Fund. Huseun of the Everglades l~ro~ecc (3 i&- IS7& 10-763 ]00-33770), ]~.~.~.~~: That the Board of Coumy Commissioners award bid number 97- 2666 to Mitchell Building Corara~ors, Inc., for the restoration of the historic Everglades laundry building in Everglades City, and nuthorize the Chairman to sign contract documents with the general contractor solicited under this bid. Ron J.~, Museum Director Reviewed and~k'~ ' ~- ~. " ' [ ' /~ / A p o .d Stephen Y. ~ ~or Date:~ Approved by: ~ Public Services Administrator Dale:~ TABULATION FOR R~0 ~97-2624 "Request for 0ualifications for General Contractors~ DATE OF RFp ADVERTISEMENT~ January 3, 1997 RFP DUE: January 31, 1997 NO. OF INQUIRIES SENT: 93 ; 17 VENDORS REQUESTED FULL PACKAGE VENDOR NAME Gulf Coast Construction, Inc. Kesselring Restoration Metric Cons=ructors Metropolitan Construction Inc. Mitchell Building Contractors Surety Construction Company Claire Oss, Witness 'NON-PROPOSAL" RESPONSES RECEIVED FROM: 0VENDORS TABULATION FOR BID ~J7 2666 ~A~ ~ ~ 3 V~ O~G DA~ ~ 7, 1~ ~N~ I I I I I I appIk:~ble codes and ordinnces for Ibc follow~nl hunl) sun: Addenda A~knowM~ge~ NO ---NO Net __.__ d.~ ~YES ~NO 19- 2O- 21-, 23- Insudl 8" round pressure treated post (~ ramp to a depth or'4 feet only. IrmalI 25 year three tab asphalt sh~nsJe, color to be selected. I-IVAC A) Delete test and balance by outside agent. B) Change specified eqttipmem to "Rbeem" same capacity. C) Drywell as detailed to be redesigned as discussed. A) Delete Levimn 82000 dimmer B) Use load eertter in lieu of specified panel and change disconnect sw~tcl~s ~'om heavy duty to general duty. C) Delete the 3 junction boxes and cad welding for the grounding system shown and use two 5/8" x 10' ground rods. D) Delete the $ holland ~xtures labeled G and the associated concrete tootings. Substilu~e 3 Dayton model # 2V$66 ~ct~res mounted on 4 inch diameter 3 foot l~g,h pressure treated posu set into the ground 3 feet with no concrete footings. Delete the entire Translite track I~gJ~n8 system labeled C. No substitu~on.' G) Delete photo cell and associated wiring, conduit, etc. 14) Delete water heater and asa:~ed wirin& conduit, etc. I) Delete outlet and associated wi~n8, conduit, etc. for ~re protection system compressor. Security system, labor and material is ineJuded. AJJ for the sum of . (S352,490.00), tax included. Dollars EXECUTWE SUMMARY ACCEPTANCE OF TWO (2) FEE SIMPLE DEEDS FOR THE DONATION OF THE PROPERTY FOR A DOMESTIC ANIMAL SERVICES FACILITY. ~ That the Board of County Commissiormrs accept Iwo (2) Fee Simple Deeds for the donation of the property situated in Section 9, Township 50 $oul~ Range 26 East, Collier County, Florida, contairu'~ 9.44 acres, more or less, to be utirrzed as a ~ Animal 8ewicas Facility. ~: On April 22, 1997 the Board of County Commissioners discussed the options of selling or renovating the property that is the current location of the Domestic Animal Services Department located at the intersection of Orarxge Blossom Drive end Airport-Pulling Road, and the offer by a property owner to donate 9.44 acres, more or less, of land on Davis Boulevard for the construction of a new animal ~efvtcas facility. The donated property is located directly on Davis Boulavm'd, which would provide a more centrally located 8ire within the County to operate the County facility. Pursuant to Agenda Item No. 8C3 on April 22, 1997, the Board of County Commi;r~ioners gratefully approved the acceptance of lhe donation and authorized Staff to begin the programming and budgeting of an Animal Services Facility on Ihe Davis Boulevard site. The Board postponed the decision on whether or not the existing Domestic Animal Services Facility will be declared The 9.44 acres of land for a Domestiq Animal Services Facility shall be conveyed to Ihe County by two (2) Fee Simple Deeds. Copies of the documents 1. Consb'uction of animal services facilities must commence within two (2) years end six (6) months from the date of this deed or January 2000. If construction of such facilities is not commenced within such period of time, the grantor (property owner) retains the right to re.enter lhe premises and terminate the fee simple ownership of the grantee (Collier County). 2. The construction of animal services facilities on the premises must be completed within five (5) years from the date of the deed July 2002. If construction of animal services facilities is not completed within the aforesaid period of time, the grantor retains the right to re-enter the premises and terminate the fee simple ownership of the grantee. 3. The premises shall be used for animal services purposes after the facilities have been constructed for a period of at least five (5) years after the date of the deed. The grantor shall convey this property without providing any indemn~cation covenants to the County. The Environmental Assessment Audit and site visit performed by the County's Pollution Control Department did not uncover or identify any past or present environmental abuses at the proposed site. Based on the findings of said report, the Pollution Control Department offered no objections to the County's acceptance of the land being donated. FISCAL IMPACT; Staff estimates that the total cost to complete the acquisition is $4,281.40. A breakdown of the costs is as follows: Recordation of the two (2) Fee Simple Deeds Pollution Control Report Title Commitment Reports Title Insurance Policies $ 31.40 $2,200.00 $ 200.00 $1,850.00 Estimated Total $4,281.40 All costs and expenses will be charged against account 001-155410-649030. GROWTH MANA(~EMENT PLAN; None. utilized 8s a Domestic Animal Services Fscility, arKI authorize Staff to proceed m~d record all necessary documents in Itm Public Recorcl~ of Collier Counly, FkxkJ~ PREPARED BY:~roperty Specialist Real Pr~ Management Depm'Mu~ Date 7- z:~"-] 7 REVIEWED BY:~ Date Do~c Anima~ Se~ces ~ APPROVED Date FEE SIMPLE DEED ~ B. lt~terson, herein~er called tbe Grantor, ~o Collier Count, · political sulxlivision oft. be Sine of Florid~ post ol~ice ~ is 3~1 E. T~g&-ni Tml, Naples, Florida 34i 12, bc'reina~ c~lled the Ctr'~ (wl~,.rm~ used hert~ the terms "C~zntor" ~ 'Ot'~z~ee" include gl t~ pnrlies lo lids individuals, and tJ~ successors ~ assi~;ns of cotpomions). WITNE$$ETH: ~ the Gramor, for ~,~ in considcrzdon of '--"'"-- the sum of $10.00 and ocher valuable considerations, receipt whereof is hereby acknowledged, bereby ~'ants, bargains, sells, aliens, mmises, releases and ~crs unto the Oraatee, all that c:crtaln la,nd situate in Collier Count% Florida, viz: Sc~ am~cbed Exhibit Grantor warrants th,at the subject property is not her bomeslmd ~tnd is '~acant uz'Jmproved proprrty. TOGETRER with all the tenements, hereditaments and appurzenanees thereto belonging or in anywise appertaJ~ng. TO HAVE AND TO HOLD, the same in fee simple, subject to the following condiLions I. Construction of animal control facilities on thc above-described premises must commence within two yea~s and six months from the dale of this deed. Il'construction of such facilities is nix commenced within such period of time, the grantor retains the right Io re-enter the premises and terminate the lee simple ownership of the grantee. 2. The constm~on of animal control facilities on the premises must be completed within five yea,rs from the date of this deed. If conslruction of the animal control facilities is no~ completed within the aforesaid period of time, the grantor retains the ri~t to re. enter the premises and termi~te the fee simple ownership of the g~antee. 3. The premises shall be used for a~imal conLml purposes lfter the facilities have been cortstmcted for a period oral ]cast fixz yea~ a.tier the date o.+' the deed. Signed, scaled ~ delivered in the pn:sence of.' i]ncs]~ Si~t~ Typ~ ~amc Luan,ne B. Hcn~n ~ Ddflk, And Lan~, P.A.. 2S40 Golden Gate Padavay, Suite 2o~. Naplff,. Ft. ~ STATE OF ~' WITNESS m~ hand and of~qchl ~ in ~ ~ ~ ~e ~ ~ ~s ~ ~ ~ June, 1997. ,; Florida ]hr No. 393770 RI~, DEXFI~, ~ AN~ ROSS, P.A. 2640 Golden Gate Ps2kwry, Suite 206 Naples, FL 34105 Telephone: (941) 434-7'/00 ~cy EXHIBIT "A" FEE SIMPLE DEED TI-DS [ND~ made Ibc ..,~.~/~ of ~une. t99'/, by Lu~nnc B. Henderson, bcrcina,fter ~ ~ G~t~, ~ ~r ~ o~ ~ h 3301 ~ T~ T~ N~I~ ~ J4112, ~~ ~ ~ (~~ ~ ~ ~~: ~ ~ G~, for ~ in ~~ d ~ ~ ~ TO HO~, ~ ~ in f~ ~1~ ~ lo ~ foH~n~ ~ Cons'tru~on of an~nal control facilities on tl~ above~ premises must c~mmcn~ within two ~ars Ind six mon~ ~ t~ d~c of d~is docd- If ~onmuction such facilities is not commenced within such period of t~ne, the ~tor r~ns Suzmmc D. Lmdcr, P-Jclu~ Florida lhz No. 393~0 R.I~, DEZI:'DC, LANZ]~ AND ROSS, P.A. 2640 Goldm C~g Padcw~, Suite 206 Nq)l~ FL ~410~ Tdephoo~: (941) 434-T700 ,~:)r ye as ~. fo I I 'g,~l suf,"i¢lcr,~.~ 2 RSc:tmlm. Od~ ,~d Lan~. P.A.. SS40 / g~ Pt'tmay, Sd~, ~4, Ns,P4~ FL 33S4,2 EXHIBIT 'A" · ~Le~ ~y, F~otLda, lees ~e Io=~ 75' ~eet, ~cord~ ~n ~lic a~ords of Ouh~ect to feetcActions and easements common to the s'nbdAvisioa or OondonAnAua, and real' estate ~ee £or the .yea.r'..l~.l! and all subsequent yea:e, bearing ~o~ T~eth~.r .riCh al-I the Casements, hereditanante and · a~p~r~enancee there~o belonging or An an2viee appe:taAn~ng. ~ EXE~ SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID # 9% 2700 RELATING TO EMERGENCY ELECTRICAL REPAIR SERVICES TO BE UTILIZED AT ALL COLLIER COUNTY PARK FACILITIES. Objective: To have the Board of County Commissioners award Bid #97-2700, a contract to supply emergency electrical repair service to be utilized at all Collier County park facilities. Comtderation: During the course of the fiscal year, electrical repair services are needed to maimain and repair both irrigation and lighting systems within all Collier County park facilities. Such ~ervices included but are not limited to repairs made to lights and lighl poles on the perimeter of athletic fields and courts such as the replacement of ballasts and bulbs, or repair~ made to main electrical panels due to wear, vandalism, or lightning strikes. To this end Bid # 97-2700 was prepared for private contracted services. The posting date occurred on June 3, 1997 with invitations to bid sent to 33 vendors with four responding. The lowest responsive bid was placed by Phelps Electric, Inc. of Naples, Florida. Fhcal Impact: This service is specifically budgeted in the "Parks and Other Properties" Fund and Cost Center 001-156332 in the amount of $55,000 and the "Immokalee Park MSTD" Fund and Cost Center l l 1- 156334 in the amount orS10,000. Growth Management: None Recommendation:~St~ r~.ommends that said bid be awarded to Phelps Electric, Inc. of Naples, Florida. Prepared by: Depar'ahent of Parks and Recreation Approved by:~~~.~~~ _Date:.ff' · Approved Stye C.~mell, Dir~or Department of Parks and ~tion Al:~'ovcd by: · 'fl', ^dminiraator Division of Public Services ,Date: TABULA~ON FOP. BID #97-2700 POSTING DATE: June 2, 1997 'Electrical Services = INVITATIONS SENT TO: 33 Vendcws OPENING DATE: July 2, 1997 Base ehat~e to: Naples Marco Island lmmokalee Everglades EXTRA I~LAN to: Naples l~rco Islend lmmokalcc Everglades Bucket Truck wfth Operator/Electrfcfan Naples 40' Naples 60' Naples g0' l~l~rco Island 40' Mu'co Island 60' M~rco Island 80' Immok~l~ 40' lmmol~lee 60' Zzz~moV~lee $0' Eye.lades 40' Everglades 60' Everglades 80' S hr TA~ULA110N FOR ~LD ~K)7-2700 POSTING DATE: June 2, 199'/ "Elec~cal Servkes" INVITATIONS SENT TO: 33 Vendors OPENING DATE: Sune 2, 1997 MISCELI.,AN~OUS C'H. ARG ES Payment Terms: Net ~ da~ s hr S '--' hr S~hr S '-=" hr S~hr S ~ hr 'No Bids" r~ceived fi'om: RECOMMENDATION TO AWARD BID NO. 97-2683 FOR SPRINKLER PARTS AND RELATED ITEMS. ~c[~Y.[: That the Board of County Commissioners award Bid No. 97-2683 for Sprinkler Parts and Related Items. ~: The County has various departments that maintain sprinlder systems and require replacement parts on an as needed basis. Invitations to bid were sent to twenty (20) prospective vendom and was posted o~ May 20, 1997. Bids were opened on June 26, 1997 with Nx (8) biddem resporx:l~. Staff has reviewed the bids, and based on calculating the discounts offered against a list of represerrtative products, recommends award to Century Rain Aid as the Primary vendor and Hyatt Spdnlder Supplies, Inc. as the Secondary vendor. ~: The fiscal impact associated with this item is eslinmted to be $109,000 county-wide, however actual expenses will be determined by the extent of repairs needed. ~~k~~: None. ~: That the Board of County Commissioners award Bid No. 97- 2683 to Century Rain Aid as Primary and Hyatt Sprinkler Supplies, Inc. as Secondary. PREPARED BY~ Rhonda L. Snell, Buyer I Purchasing Department REVIEWED BY: _~~. ~~/ Stephen Y. Cemell Purchasing/General Services Director REVIEWED BY: ~ Leo Ochs, Admini~,,Vator Support Service~dminlstration .DATE: DATE: ~. / C,I-' I AUG 05 1997 TABULATION FOR BID ~97.26~3 'Sprinkler Parts & l~l~xl Item~ ' INVITATIONS SENT TO:. 24 Vmdor~ POSTfNG DATE: May 20, ! ~97 OPENING DATE: June 25, 1997 P~centqe Offered Below ~ for the following ca~egce~es: Toro Whole Goods Hunter W~ole Goods Rainbird Wbole Goods Toro Parts Hunter Parts P. zinbird Parts Pe~x'nuge Offer~ Off Manufac'rt,u~ Sugge~.d List Price for t~e following ca~gor~es: PVC Schedule 40 Fittings PVC P~pe FVC Solverrm & Cieane~ Miscellaneous Sprinlder Parts mhd l~l~ted Irons Do you ~arry Toro, Hunter ~nd Rainbird sirinkler psrts snd ~lated irons in stoc. k~ Prmnpt Payment Terms: Addenda John W. KkcJmer, Pam4ming Technician 'No Bids" received from: Horticultural Industries, Inc.; Jameson Supply, Inc.; Lcsco, Inc.; Mc Connell Tree VtJue ltirdwm'e; R.P.S. Inc. INVITATIONS SENT TO:. ~4 V~'~o~ OPENING DATE: Perr~amge Offend Below ~ for the following cit~ories: P..cez~,e Off~-d ~ Ma~uf~'tured Suliested L~ Pric~ for the following ~stelories: PVC Schedule 40 Fittings ~-/ % ~c P~ .~% FVC Soivenu & Cleaners Miscellaneous Sprinkler Parts~/'//~... and Related Items ~ % % Do you carry Toro, Hunter and P. zinbird ~prt~pms in ~ _....l.,~-.....__.,o ~,...__.no ~ no ~yes no Doyou CmTy ~e most common ~ no ~ no Is Reui] Price Ev~lus~on Sheet Completed & anached7 Addenda 1,2 ,t :J Acknawledfed: ~ no John W. Kirchner, Purchasing Toclmicim "No Bids" received from: Horticultural Industrics, Inc.; Stmeson Supply, Inc.; Lesco, Inc.; Mc Connel] True Value Hardware;, P.P.S. EXECUTIVE SUMMARY AWARD BID # 97-2680 FOR TEMPORARY CLERICAL SERVICE. ~[~ To award Bid 97-2680 for temporary clerical services. ~ The County utilizes temporary employment agencies to address periodic clerical stuffing needs resulting from normal attrition, authorized leave or excessive workload. On May 14, 1997, formal bid invitations were published and distributed to eighteen (18) firms providing this service. On June 4, 1997 bids were received and opened from three (3) firms located in Naples and/or Fort Myers. Bids were analyzed by comparing the hourly rates offered by each bidder for each of the seven (7) employment classifications utilized (i.e. Filing Clerk, Recelxionist with filing and telephone, Receptionist with typing and telephone, Secretarial/Clerical with Word Processing, Executive Secretory, Data Entry/Clerical and Legal Secretary/Data Entry). Arrangements for these services are often made on short notice. Therefore, it is imperative that this bid be awarded to multiple firms to ensure llust the necessary personnel are available. Accordingly, staff recommends award of this bid to the three lowest bidders for each category shown on the bid tabulation. In each case, the lowest bidder would be given the righ~ of fu'st refusal to provide services. The methodology described above ensm'es the miiization of the least costly firm available to provide the specified service. Staff recommends award to AccuStaffand Kelly Services and Manpower. AccuStaffand Kelly Services shall be the primary vendors. FI AL~: It is estimated that approximately $:100,000 will be spent over the next twelve (12) months under this agreemenL Funds are appmpriamd in the operating budgets of the respective using departments. R N P · None ND · That the Board of County Commissioners award Bid 97-2680 for temporary c/e~cal service~ as descn'bed above. Jane E. Eichhom Senio_.r ,.%cretary DATE: o : REVIEWED B Human Re~oiffces Director REVIEWED BY: ~ Purchasing/General Services Director APPROVED BY: ~ L~o E. Ochs Jr. ./ / Support Services Admir~a~or DATE: ~. ~"~7 DATE: At~ached: Bid Tabulation TABULATION FOR BID #97-2680 ." POSTING DATE: May 14. 1997 ."Temporary Clerical Personnel ' ~;. INVITATIONS SENT TO: i S Vendors .,- OPENING DATE: June 4, 1997 VENDORNAME I I .~_1;~'~.~--~ I I I I I I Filin$ Clerk co.p..o., s__Z v; s__.~? s__~q s ~w.k s~ s~ s ~~ s ~~ ~ fi]~j ~d ~l~h~e ~~ s ~- s~'~ s~' s ~W~k S~. S~ S~ S R~m~ ~ ~l ~d ~l~h~e ~.~ s~'~ s~'t s~ s Co.~k S ~,~' S ~.~' S S ~c,~, wi~ w~d ~,,~ t~' ~' ! 0.~' I ~ C~ ~ H~ $ .. $ $ [ Cos~ ~ week S ~ ~'.~ ~ i ~ ~ Z. ~ ~'~. ~' ~ ~e s~ lC .~' I 0.~') {~e Co~ ~ Hour $ $ $ ] $ ~ ~U/CI~I C~ ~ Week S ~'. ~ S . .~ S . . ~'~ S ~ial ~~ ~ c~~ s LL~' s ~ s ~1~c s ~ ~ Week s H ~ ~. s H~,~ s ~c~ - s ~m~ Pa~t T~s: ~% ~ ~ ~ ~ ~ "No Bids" received from: Net I AUG O~ tgg7 APPROVAL OF SOLE SOURCE AGREEMENT FOR MAINTENANCE OF TELEPHONE SWITCHING EQUIPMENT. ~ To obtain Board approval to con.ct with Lucent Technologies to continue telephone ~ The Board administer~ four telephone switches manufactured by Lucent Technologies. These switches ~'vice over 1400 extensions for the Board agencies and the elected officials, with the exception of the Sheriff. The proper operation of these telephone switches is critical to the operations of county government. In November of 1996 the Boant approved the puzchase of upgrades to this equipment. The warranties associated with these upgrades stipulate that if all of the components of the telephone s~'itches are not maintained by Lucent Technologies thai Lucent Technologies will not have to respond to failures caused by equipment not maintained by Lucent Technologies. Given these considerations su~is recommending waiver of formal competition and authorization from the Board lo contract with Lucent for the services described herein. These services from Lucent are subject to reevaluation by the Information Technology Depamnent and the Purchasing Department on an annual basis. ]~,t.l~ffu~c~: The estimated annual cosX of this conm~ is $62598.76 annually. However this number is subject to some flucroation as inventory is added or deleted, funds are available in 505- 121142. Not applicable. ~: Staff recommends that the Board waive the formal bidding process and approve maintenance agreements for one year and are subject ~o renewal in subsequent years. In order to effect this in the most expeditious rammer staffwill con~ wi~ Lucent Technologies via purchase order. SUBMITTED BY: ~ Date: E. Michael Berrios Commtmications Systems Manager William R. Co~ ~ Information Technology I:~:~'~t Dir~ REVIEWED BY: Date: Steve ~'nell '/ ' Pm'chasing/General Services Director APPROVED BY: ~ Date: ~ Support Services ~4n~mistrator EXECUTIVE SUMMARY APPROVAL TO RENEW CONTRACT 094-2268 FOR THE PURCHASE OF AUTOMOBILES AND LIGHT TRUCKS. ~ Obtain Board of County Commissioners approval to renew the currem Agreement for the purchase of automobiles and light tracks. ~ The Board of County Commissioners awarded the above referenced Contract on September 13, 1994, Agenda Item 16.E.I. The Contract is effective for a three (3) year period with an option to renew for an additional three year period. The renewal option is subject to the approval by the Board of County Commissioners. The Bid was originally awarded to five (5) vendors. Three of the five vendors agreed to the renewal option. The two (2) vendors who did not agree to the renewal are Maroone Chevrolet and Maroone Oldsmobile, both of Pembroke Pines, Florida. Prices for vehicles purchased under this Bid are based on the current published Kelley Blue Book New Car Price Manual dealer invoice price (FOB destination), less a percentage discount applied to standard and optional equipmen! for each vehicle. The County also participates in all price incemives and rebates available to the vendor. Actual purchase prices are established by specifying the appropriate model and options, idernifying the corresponding Kelley Blue Book New Car Price Manual prices and applying the dealer discount and relevant factory incentives to arrive at a total net cost per vehicle. All special additional equipment (e.g., utility body) is to be billed at dealer cost as shown on the subcontractor's invoice. The dealer's discoum was obtained in the initial bidding process. However, this contract contains a modified process that enables multiple bidders to provide n price quote on an order-by-order basis that includes their original discount plus additional discounts, incentives, and rebates offered by the vendor al the time. Fleet Management will evaluate the prices and select the lowest, responsive bidder for each order. On rare occasions, such as accidents, awards may be made based on availability rather than lowest cost. In most cases, vehicle price bids under this contract have been below State Contract prices, and with quicker delivery limes. In a very few instances where State Contract prices were lower, Fleet Management purchased from the State Contract. ~ Approximately 170 automobiles and light tracks are expected to be purchased from this contract in the next three years, with an estimated cost of' $3,230,000. Seventy-five of those will be replacement vehicles purchased from the Motor Pool Capital Recovery Fund (522). Sixty are expected to be reply..c.c.c~ vehicles pm'chased by d~par~nems not participating in the capital recovery program, '~i~ ~s W,,ter, Wastewa'~er, and Pelican Bay Services. Thirty-five are predicted to be new requirements based on the growth rate experience in the past three years. ~ GROWTH MANAGEMENT IMI~A~: None. RECO~NDATION: Approv~ rn~-wal of tl~ .S. gr~ugnt ~ Bob Tr~c~ XncorporsIed, with D~'v'c~ Pontiac, GMC Truck, ~ed, ~ with T~m~i f~ the ~ per~od ofthn~ (3) ~. RE~D BY: Skip Camp, Fs~lities/~ma~emen~ ~-ector DATE: RENEWED BY: RE~D BY: L~ Ochs, Ir., Supl~en ~g~vlc~s Adminisu-alor COLLIER COUNTY GOVERNMENT General Sorvices Building Purchasing Department June 26, 199'7 DeVoe Pontiac, GMC Truck, inc. 260~ Airport ~ Seq~ Napk~ FL 34112 RE: Contract ~S-:27.68--'T~srthase of FLeet Vehkks" SS01 F~ Tamitml Trail Naples, Florid-, 84112 Telephone: 941/774-8425 FAX: 943/'/93--8795 A CERTIFIED BLU~ CHIP COMMWA'ITY Collie~ Coun~ has been under Contract with y~ur firm for the referenced service for u%e past three yeah. The Cc~nty would l~e to r~ew ~his conu-act under ~e same tcrrns and c~ndifions for an add~onal ~ year period in accordance wi~ the rt, newal clause in ~e agreement. If you are agree~le to renewing the referenced contract, please indicate your intentions b~ providing the appr~'i,~te information a~ requested below: I am agreeable t~ r~ncwing ~e prcsent contr~ under the same terms and conditions. I sm no~ sgreeable to r~.~,wal of this comract. If you are agr~'eable to r~newin~ ~he conu"act, this letm' (upon your signin~ and mum), and wJ~h Jk~-d of County CommissJone~ approvll, will suffice as the conu'ac~ and will be consummsted upon ~ceJl~ ora County Purchase Order for ~his renewal period, commencinl Sep~-m~ 13, 1997 and endins Sepmnbe~ 12, 2000. Your prompt attention is urgently r~luested. Plet~e r~urn this ietm' to the Purchsint l~partment with your ruponse no lat~ ~an Julyl !, 199'7. Very ~ly yours, Typed Name and Title 7-/-'q7 COLLIER COUNTY GOVERNMENT Genersl SeFvtoes Building Purchasing Depo_,~n~nt SS01 F. Tend&mi Tr~l Nsples, Florida S4112 Telephone: 941/774-8425 FAX: 941/793~795 A CERTIFIED BLI~E CHIP COMMIINITY Mr. Robin Zellcrs, President TAMIAMI FORD, INC. 1471 lq. Airport Rood RE: Contract ~4-2268-~l~urchs~ or Fleet VehJcJes' Collier Com~ his been under Conlrict with your fnm for the r~fcr~-nc, ed service for the pasi three years. The Couniy would like to r~new this conlraa under the same terms and condilions for an sdditiontl three year period in accordance with lhe m~,wai chuse in the qreement- If you are agra. cable to r~n~ving the ~ferenced contract, please indic~ ~ i~ions by providing hhe ap~ informxtion as requested below: I sm qrecable to rcnewin~ the pr~ent conlract under the same ~-fns and co~digons. [] I sm noi qrccable to renewal of this conu'~t. If you are a~rcenble to renewing Ibc contract, Ibis loner (upon your si~nins nd rcmm), and wJ~h Board of Comfy Commissioner approval, will suffice as ~e conu'act snd will be consummated upon receilS of a Count~ l~.rchsse Order for this r~-newal period, commencing September 13, 1997 and endins September 12, 2000. ~ ~ July1 !, 1997. Stephen Y. Camell, C~M, Purc~ing Dirccior Name and Title COUNTY GOVF _ R NT Suuuort Services Division Purchastnf Department June 26, 1997 Genera] Services Building 8301 E. T_t.~Itml Tra]l Naples, Florfda 84112 Telephone: 941~/'74-8425 FAX: 94~93-~795 A CERTIFIED BLUE CHIP COMM~VNITY Bob Taylor Chevrolet, Inc. ~6S N. Ablx~rt Road Naples, FL 341O9 RE: ~.ontnmct Ngd--226~-'Purehnse of Pleet Vehicles" Collier County bas been under Contract with yoor ~nn for the ref~,~;,ced service for the past thee years. The County would L.,'ke to renew this contract under the same terms nd conditions for sn additional three year period in accordance with the renewal clause in the qre~nent. If you are agr~able to ~.newing the r~f~,~ced corrtract, please indJcete yon~ intentions by providing the ~ information as requested below: [] I sm agreeable to renewing the present connect under the same terms and conditions. [] I am not a~reeable to renewal of'this conu'lc~ If' you are ai~e'able to renewing the contract, this let~r (upon you~ si~ning and return), and with Board of County Commissioner appr~e~ will su~ce as the conn-act and will be consummated upon receipt ors County Purchase Order for this renewal j~-iod, commencing September 13, 199'/and ending September 12, 2000. Your prompt a~t~..ntion is u~ently requested. Please ~ this letter to the Purchasing Depnflment wi~ ¥ou~ response no lair than Julyl I, 1997. Acc~.j~an~: Bob TavJor ~nevrolet. Inc. .l(m ~.n~no1 ~r .%al~s T)~ed Name and Tide ,,, Very truly y~, Stephen Y. Camell, CSlVI, l~ing COLLI R COUNTY GOVERNMENT (~ner~l ~e Buildin~ Purchasing Depa~ment 8301 F~ Tamlami Trttl Naples, ~od~ 84112 Telephone: 94~7~425 F~ 94~9~795 A ~ED BL~ CHIP ~e 26, I~ ~e ~1~ ~c. ' "· ~: Co~ ~~h~ of ~ V~k~" ~i~ ~ h~ ~ ~d~ ~ w~ yo~ ~ f~ ~e ~f~ ~ce for ~e w~ld I~e m ~ ~is ~ ~d~ ~e ~e ~s ~d ~d~ f~ ~ ~d~l ~ ~ ~ ~ ~ce ~ ~e ~ml c~ ~ ~e If ~ ~ ~le m ~ ~e ~f~c~ ~ pl~ ~di~ y~ ~fi~s ~ ~d~ ~f~ m ~ ~I~: If ~ ~ ~le ~ ~ ~e ~ ~b !~ (~ Y~ si~l ~d ~), ~d ~ ~ of C~ ~si~ ~ w~l ~ u ~e ~ ~d ~! ~ ~~ ~ ~f~ ~ a ~ ~ ~ f~ ~ ~ ~ ~c~g ~ 13, 1~ ~d ~$ ~ 1~ 2~. ~ ~u~ll, !~7. V~ ~ly ~, A___,~e~an~ ce: Mar~one Chevrolet. Inc. Typed Name an~l Title AUG 0 5 m7 p,~. ~ COLLAR COUNTY GOVERNMENT -'=~neral ~ervtc~s Buildin~ S"~o~ort ~rvices Division :1~01 E. Tamiami Trail ~urchasing Department Naples, Florida S4112 Telephone: 941~74-8425 FA~ 941/T98-8795 A CEItTIIq~D BLLrg CHIP COMMUNITY June 26, 1997 Mato~c Oidsmobite, Inc. 1600 Pines Boulevard pembroke pines, Fl. 33024 RE: Contract #94-2268-"Fur~hase of Fleet Vehicles" Collier County has been trader Co~ract with your finn tot the referenced se~rice for the past ~ years. ~ would i~e to renew this cone'act under the same terms and conditions for an ~dditional three year period in accordance wi~ the renews/chuse in the s~nent If you are s~ree~ble to renewing the ~ferenced contracL please indicate you~ intentions by providing the appropri~ [] I am agreeable to renewin~ the present conlraa under the same terms and condMons. I am not agre~ble to renewal of this ~ou~ct. If you are a&n~___ble to renewing the conlraCt, this letter (upon your si~ning and retum~ and with Board of County Commissioner spprovnl, will suffice as ~be centract and will be consm~ated upon receipt ora County purchase Order for this renewal perkxL commencing S~q~mber 13, 1997 and e~a_'_m.e September 12, 2000. Your prompt sn.-.ntion is urgen~ requested, pleue remm this ~ m ~e Purdming Depm~ent with your response no lstet than lulyl 1,199'7. Typed Name and Ti:lc AUG 05 co _ TO APPROVE CONSENT AND EMERGENCY AGENDA THE BOARD'S ABSENCE ~ To authorize thc County Adminis~tor to approve consent and emergency agenda items during the Board's scheduled absence from August 12~' to August 25, 1997. CONSIDERATIONS: The Board of County Co~_ missioner has historically a~uthorized the County Admini~ to approve items of a routine nature and any emergency items while they are in recess. It is understood that plats cannot be authorized by anyone other than the Chairman and therefore, are not included. This has been done in the past to assist in expediting consent agenda items. An accounting of the items approved by the Administrator during this period of time will be presented to the Board upon their return from recess and will at that time, become part of the official records. ]~ECObtMENDATION: That the Board of County commissioners authorize the County Administrator to approve consent and emergency items during their absence. Prepared by~rb/ara Pedone, Executive Secretary to the County Adminis'aator Approved by: ; '~/, ~ Robert F. Fernandez, County Administrator ~ECOK~ENDXTZON THAT THB BOA~D OF COUNTY COMMISBIONZ~I XPPROVE THE CoHy~S~TIOM ~OU~ FOR YZSC~ ~E~ ~998 ~ COnTAINeD IN THE AO~E~E~T WITH ~Y L. HOY~, P.A. TO P~OVIDE FOR C~RE~ CO--CT ~ER ~VICES FOR ~B ~: To gain the Board of County Commission approval of the Fiscal Year 1998 compensation amount with Gary L. Meyer, P.A. to provide contract manager services for =he Pelican Bey Services Division. CONSIDERATION: The ~irm of Gary L. Meyer, P.A. has been providing the requisite services for the Pelican Bay Services Division and the fee arrangement of $53,000 for Fiscal Year 1998 is the same amount ss was charged for Fiscal Year 1997. The Pelican Bay Ssrvicea Division Advisory Committee has reviewed and recommends approval of this compensation amount. The Agreement renews each fiscal year and the Fiscal Year 1998 compensation is the same a~ ~et forth in the current agreement. FISCAL XMPACTI The fee outlined in the Agreement is $53,000 per year and is budgeted in Funds 109 182601 634999, 109 182900 634999 and 778 182700 634999 of the Pelican Bay Services Division. There are no other COGtG associated with this contract. OBOWTH M~_WaGEHENT XMPACTz None RECOMMZNDATIONI That the Board of County Commissioners approve the compensation amount for Fiscal Year 1998 es contained in the Agreement with Gary L. Mayer, P.A. to provide for contract manager services for the Pelican Bay Serviceg/D~vision. ~Pames P. ward Division Administrator AU6- 5 AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND THE FIRM OF GARY L. MEYER, P.A. FOR MARAGEMENT ADVISORY SERVICES THIS AGREEMENT, made and entered into on this .~/-~day of ~~~--" , 1992, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY-, and the firm of Gary. L. Meyer, P.A. hereinafter referred to as "MANAGER", whose address is 10300 NW 11thManor, Coral Springs, Florida 33071. WITN£SS£TH: WHEREAS, the COUNTY desires to employ the services of the MANAGER for the purpose of providing management advisory services for the Pelican Bay Services Division, as required to meet the management needs during the contract period; and WHEREAS, the HANAGER desires to assist the COU~with such matters. NOW, THEREFORE, in consideration of =he mutual covenants and agreements expressed herein the parties agree as follows: 1. The COUNTY hereby engages the MANAGER for the services described in Exhibit A, attached hereto and incorporated by reference herein. 2. The COUNTY agrees to compensate t_he MANAGER in accordance with the fee schedule set forth in Exhibit A. The total and cumulative amount of this contract shall not exceed the amount of funds annually budgeted for these services. Reimbursable expanses, incurred during the course of performance of this con=rat=, including, but not limited =oS out-of-pocket expenses for express mail, computerized research, work processing charges, long distance telephone, postage and photocopying are included in the fee set forth in Exhibit A. 3. This Agreement may be terminated by either paz~cy upon sixty (60) days written notice prior to the termination date. Upon term/nation by either party, the MANAGER shall transfer all work in progress, completed work, and any and all other materials related to the terminated work to the COUNTY. 4. The MANAGER shall provide periodic status reports, either oral or in writing, as may from time to time be requested by COUNTY. 5. To the extant permitted by law, all written and ors] information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the MANAGER and will no: be disclosed to any other par:y, directly, or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. Ail drawings, maps, and other data developed, or purchased under this or at the COUNTY'S expense shall be and remain the sketches, Agreement COUNTY'S property and may be discretion of the COUNTY. reproduced and re-used at the The COUNTY and MANAGER shall compiy with The provisions of Chapter 119, Florida Statutes (Public Records Law}. 6. The MANAGER shall devote such time - 2 - as is AU;- 5 1997 complete ~he duties and responsibilities assigned to r. he HANAGER under ~his Agreement. The HANAGER shall be onsite aC the offices of the Pelican Bay Services District, a minimum of 416 hours each year. 7. The ~uNAGER warrants ~aC all services shall perfo~ld by skilled and competent personnel to ~l highes~ professional standards. 8. ~e signature on this Agreement by ~e ~AG~ shall act aa ~e execution of a t~th-in-negotiaCion ce~ificaCe certifying that the wage races and costs used to dm~m~lne compensa=ion provided for in ~e Agreement are ac~ra=e, complete and ~rrent as of the da~e of ~is Agreement. 9. ~e ~AG~ re~rmsenCa ~aC It presently ~s no interest and shall ac~ire no in~erest, either d~mct or indirect, which would confli~ in any ~nner perfo~ance of semites re~irmd hereunder, as provided for ~m sCandard set for~ in SecCion 112.311, Florida Sta~u~es. The ~AG~ fur=her represents ~aC no person having any in~erosC shall bm employed for said perfo~ance. ~m ~AG~ shall promptly notify ~m CO~Y in ~it~g certified ~il of all potenCial conflicCs of in~erms~ for any prospe~ive business association, interes~ or o~er cir~Cance which may influence or appear =o influence ~AG~'S jud~en= or ~ality of semites ~ing prodded hereunder. Such '~!==en noCificaclon shall identify prospe~ive business association, interest or circumstance, nature of work =ha= ~he ~AG~ may under=eke and AUG - .5 1 7 opinion of the CO~ as to whether the association, interest or c~rcu=stance ~ou~d. in the opinion o~ ~a CO~r~, constitute a conflict of intsrest if entered into by =he HANAGER. The COUNTY agrees =o notify =he ~uNAGER of its opinion ~ citified mail wi~in ~i~y (30) days of receipt of notif~cat~on ~ ~e ~AG~. If, in ~e opinion of ~e ~, ~e prospe~ve business association, interest or cir~t~ce woul~ not cons~itute a conflict of interest by ~e ~AG~, ~e ~ shall so state in its opinion and ~e association, ~teres=, or circumstance shall not be deemed In conflict of in=erect w~ respect to ~e~ices provided to ~e CO~ ~ ~e ~AG~ ~er the terms of t.his Contract. This Agreement does not prohibit the MANAGER of performing services for any other ~special purpose taxing district, and such assignment shall no~ constitute a conflict of interest undsr this Agreement. 10. The MANAGER is, and shall be, in the performance of all work services and activities under this Contract, an Indepsndent Contractor, and nec an smployee, agent, or servant of the COUNTY. 11. Federal income taxss will nec be withhsld by COUNTY on behalf of HANAGER nor shall COUNTY pay any payroll tax of any kind on behalf of MANAGER. MANAGER shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. 12. HANAGER understands =hat HARAGER is responsible pay, according to law HANAGER'S income tax. 13. Because ~ANAGER is an independent con=rector, AUG- conmise ion, con~ingen~ Agreement. L7. e~ployees race, is ncc eligible, and shall not participate in, an employee pension, health, or other fringe benefit plan of COUNTY. 14. No worker's compensation insurance shall be obtained by COUNTY concerning MANAGER or the employees of ~he MANAGER. MANAGER shall comply with ~he worker's compensation law concerning MANAGER and the employees of HANAGER. 15. The MANAGER does not have ~he power or authority to bind ~he COUNTY in any promise, agreement or representation other ~han specifically provided for in this Agreement. 16. The HARAGER warran=s ~a= it has ncc e~pl~ed or reCained any company or person, o~her ~han a bona fide e~loyee working solely for ~he HANAGER to ~oltcit or se~e ~ls A~eemen= and ~a= it has no~ paid or agreed =o pay a~ ~rson, company, co,ora=ion, individual, or fi~ o~er ~an a ~na fide ~ployee working solely for ~e ~AG~ ~ fee, percentage, qif~ or any o~ar consideration upon or resulting from the award or ~king of ~is The HANAGER warrants and represents ~haC all of are treated equally during e~ploy~ent without regard color, physical handicap, religion, sex, age or national origin. 18. The HARAGER hereby represents and warranCs ~haC it has and will con=inue =o conduc~ its businsss a~ivi~ies~n a professional manner and the= all services shall be performed by personnel to the highes= skilled and competent sCandards. professional 19. The COUNTY acknowledges that the MANAGER is not an attorney and may no= render legal advise or opinions. Althoug~ the MANAGER may participate in the accumulation of information necessary for use in documents required by the COUNTY in order to finalize any particular matters, such information shall bm varified by the COUNTY as tO its correctness; provided, however, ~hat the COUNTY shall not be required to verify the correctness of any ~nformation originated by the MANAGER or ~he correctness of any information originated by the KANAGER which ~he KANAG~R has used to formulate its opinions and advice given to ~he COUNTY. 20. MANAGER, in consideration of $10.00, the sufficiency and receipt of which ia acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold CO and lea officers, employees, and agents harmless froa andUNd~ against any and all losses, penalties, damages, professional fees, Including attorney fees and costs of litigaCion and JudqmenCs arising out of any willful misconduct or negligent ac=, error or omission of the HANAGER, ltl consultants, subcontractors, agents or employees, arising out of or lncidan~al to the Performance of this Agreement or work Performed thereunder. The consideration exchanged and the provision of this paragraph shall also pertain to any claims brought against the COUNTY, its officers, employees, or agents by any employee of the HANAGER, or any consultant or sub¢on=rac=or, or anyone directly or indirectly employed by any of them. The MANAGER,S oblige=ton under this paragraph~.~ not be limited in any way by the apTeed upon contract price as shown in this Agreement or the MANAGER'S limit of, or lack of, sufficient insurance protection. 21. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce ~he Agreement will bm held in Collier County and tho Agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or An equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable a:tornsy's fees. 22. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT CENTER 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 ATTENTION: MICHAEL J. VOLPE - 7 - AUS-5 with co~y to: COLLIER COUNTY GOVERNMENT CENTER 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 ATTENTION= MR. NEIL DORRILL COUNTY MANAGER If sent to =he MANAGER fhall be mailed to: GARY L. MOYER, P.A. 10300 NM 11th MANOR CORAL SPRINGS, FLORIDA 33071 23. The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and no force and effect. Further this Agreement ~ay be ~nded only in writing upon mutual consent of the parties hereto. 24. No amendments and/or modifications of this A~reement shall be valid unless in writing and signed ~ each of the parties. This Agreement shall be renewable each Fiscal Year of the COUNTY, unless otherwise terminated by either party. Negotiations shell be held prior to the COUNTY'S Fiscal Year end. The COUNTY and MANAGER will consider price adjustments each twelve (12) month period to compensate for conditions and the anticip&ted type and amount of wor~ performed during the next twelve (123 month period. market to be IN WITNESS WHEREOF, =he COUN~ and MANAGER have each, respectively, by an authorized person or agent, hereunder set ~heir hands and seals on the date and year first above ~i~ten. Clerk ../. - / - :,,.,,~, .: :~ \' . · Approved as ~.o form: RiChard D. BOARD OF COUNTY COHHISSIONERS COLLIER CO~f~, I~RIDA GARY L. MOYER, P.A. - 9 - AUE - $ lgg7 1. Ceneral Consultation, meetings and Divis£on Representation. Consul~ with ~he County Hanager and when necessary, par~icipa~e in such ~etinqs, discussions, proJec~ site visits, workshops and hearings as ny pez~cain to administration, accomplishment and fulfilLs, et of the professional services set forth herein with regards to the projects and general inter.s= of the Division. Meet with per~inent public agencies and private individuals in connection wi~h the in~eres= of the Division. Repor~ to County the results of ~hsse meetings and provide advice where necessary to County to assist County in reaching decisions regarding Division matters. The service to be provided shall also include, but not be limited to planning, scheduling, production and quality control~ coordination and administration of various professional service elements within the Division. 2. Meetings of the Board of County Commissioners. The Manager shall attend regular and special meetings of t~9 Board of County Commissioners when issues arias regard/ Division Activities. Manager shall prepare and administer the Division's Annual Budget(s) in accordance with all Federal, State and County laws, rules and regulations where applicable. The Manager shall consult with and advise the County on matters related to the opera=ion and maintenance of the Division's works. The Manager shall attend meetings and advise the advisory boards of the Division. Tho Manager shall prepare the necessary organizational eCruc~ure and oversee the hiring and supervision of the personnel e~ployed by the Division in accordance with all Federal, S~ats and County laws, rules an regulations where applicable. The Manager shall implement the policies ee~abliehed~ the County in connection with the operation of the Oivision. The Manager shall provide all other services necessary to effectively manage the operation of the Division. - i0 - Executed contract date through September 30, 1993 October 1, 1993 1:brough SepClmber 30, 1994 417. O0-Per monl:h at: 1:he beoinning of each month for t:h& prior mona. he service. $4,417.00-Per ston~h aC the beginning of each ~ for 1:.he prior ~onf/m service. F.~X E C U T I V E SUMMARY A~TROVAL OF A BUDGET AMENDMENT TO COVER UNANTICIPATED COSTS IN COUNTY ADMINISTRATOR'S ADMINIS~ON COST CENTER ~ Reco~ to approve a budget amendment to cove~ the costs incurred as · ruult ofthe change in adrnini~on. CONSIDERATIONS: Additioral funds are rexi~ired in pe~onal sex~c.~s to cover the cost of the termination pay for the former ~ Manager. Operating cost increases include adverfis/~ for the new County Adm/nim~or podtion and wme/terra in the County ~stmor's contr~. FISCAL IMPACT: Funds are rv~lable in Germ'al Fund P.e~rves 919010 in the amount of $91,900. GROWTH MANAGEMENT IMPACT; None. RECOMMENDATION: Th~ the Bo4trd of County Coumfiss/ooers approve the budget ~ increaflng the County Admin/~ator's budget to cover tl~ unantic/pated cosu ihrbara Pedone, Exeattive Secretar~ to the Com~ Manager Bob Fernandez, Coun~ Adm~grator AU6 5 997 - PO. I .O'ImOVAL o~ mJDGL'F AMEND~ B~ AGENDA ~ Ptrsomd Se, vices (156310) Amoeai Services (156332) Total ~21,931 Av~am Mnintmmc~ Woflter H posi6on was up~&ded to Opermions ~ md changed ~ cce~ cm~r 156332 m 156310. This action wns ~ by O~e County ~s Office o~ 4/'//9'/. This budget amendmem M~ ~ b Generd Fund (111) Budge~ Assendment 9%344 3,30'/ 3.307~ $12,491 cfi'cephal funds was intended for sys~em~ office furniture for Ihe new lmmoknlee Parks AdmJnistrntion buiidin& but was ~ ~,~. opemtin~ expe~,~ a~ ~e individual ~ '~'~ e~'h under S500' Abo, due m a diortfall in utilities objec~ co6u, we're requesting that the balances ofibe capital funds ($816) also be unsferr~ to MS'I'D C, en,~rzl Fund (I ! I) Budget Amendment 97-3S'/ C~bl~ T.V. T~I AGENDA ITEM /g 4('0 AU6 -5U9'/ Ps. f Gm! lemM (eel) ~dget Am~mlme~t ~F.,xpeme $4,493 Cap/mlOmliy fS4.493) Tc~l Informmtkm Tecbsok)gy B~mcl{~ AmemdmL. m~ Opemins Expenses (S4,~gs) Total AGENDA { AU$ - 5 997 BOA.KD OF COUNTY COMMISSIONERS MISCELLAArEOUS CORRESPONDENCE AUGUST 5, 1997 FOR BOARD ACTION: MISCELLANEOUS ITEMS TO FfLE FOR RECORD WITH ACTION AS DIRECllED: 2. Mime: A. County Government Productivity Committee - July 16, June 16, May 21, April 16, March 9, February 19, and January 15, 1997. Ret'~ to BCC. B. Immokalee Beautification M.S.T.U. Advisory Commi~e - Stme 18, 1997 and agenda for a~,ust 20, 1997. R~ermd to BCC. C. Environmental Policy Technical Advisory Bonrd agenda for July 14, 1997. Refen~! to BCC. Historical/Archaeological Preservation Bored - July 18, 1997 agenda. Referred BCC. Goldcn Gate Beautification Advisory Commimm - June 10, 1997 and agenda for July 8, 1997. R~err~ to BCC. Lely Gold ~ Be~gtkarioa Advisory ~itt__~ - June 13, 1997 and agemta for August 8, 1997. ~to BCC. Isle of Capri Fire & Rescue ~ -.fane 12, May 1, April 4, Mar~ 6, FdmmO, 6, snd January 9, 1997. Rt'fermd to BCC. Tourist Developmmt Council Mim_,~__ - Febmsry 3, Jatmary 20, January 13, 1997. Refen~ to BCC. The Beac. h ' ' Connnin~ - Amc 5, 1997 and agenda for June 26, 1997. Refen~ to BCC. Collier Coumy Planning Commission - June 5, 1997 and agenda for July 17, 1997. l~fermd to BCC. Pelican Bay MSTBU Advisory Comm;~ - agenda for July 16, 1997. Reten~ to BCC. AGE #D,A No. /~. · AUG - 5 1997 Pg. / Lo No Oo Bo July 18, 1997. Lake Trafford Restoration Task Force - June 20, April 18, March 26, February 14, 1997, December 13, October 11, August 16, June 28, and May 31, 1996. Refen~l to BCC. Conu-actor's Licensing Boa,1. June 25, June 16, April 16, May 21, March 17, February 21 and January 15 1997 ~xl agenda for July 16, 1997. Refert~ ~o BCC. Technical Advisory ConunittedCitizn~ Adviso~ Committee (TAC/CAC) of lvlPO - May 21, 1997 and agenda for June 25, 1997. Referred to BCC. A~ea Agency on Aging for Southwest Florida, Inc. - Quarterly monitoring of liCE fiscal records - May 27 report and June 12, 1997 report. Referred to BCC. Health Planning Council of Southwest Florida, Inc. - Quarterly Report of Program Activities Distric~ g/Quarter Ending June 30, 1997. Referred to BCC. AU6 - 5 Pg. ~ EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD TO ACCEPT ~ SATISFACTION OF FINAL JUDGMENT IN THE LAWSUIT ENTITLED BILLUPS I~ COttrER COUNTY AND TO AUTHORIZE TIlE L"]~ARNL4~ TO ACCEPT RECEIPT OF PAYMENT AND TO EXECUTE ALL NECESSARY SETTLEMENT DO~UMEWrs. That the Board of County Cott~Jssio~crs ~thori~ ~ by thc County of payme~ of judgment by Plaintiff, Eleanor Billups, in reference to the case of Eleanor ~illup~ v,J. Collie~ County, Case No. 94-3606-CA. Acceptance of this i:myment will be acconrp~ by the execution of a Satisfaction of Final Judgment. This paymem by Ms. BiHups represen~ the amount due to the County for the awed of costs and attorney's fees as required by the shove- stated judgment. CONSIDERATIONS: In January of 1996 this lawsuit proceeded to trial in ~ Circui~ Court for the Twentieth J~licial Circuit in and for Collier ~, Florida. Upon the complefon of the submission of evidence the jury deh'berated and r~dercd a verdict in favor of Collier Com~, finding no liability to that Defendant. Subsequem thereto the Cotmiy requested that the Court ~nrd attorney's fees and costs based upon the jury verdict. Pursuant thereto the Court entered Judgmem on April 10, 1997 ordering thai the Plaintiff pay the attorney's fees and costs to the Def'endan~ Corlier Negotiations thereafter eusued between the sttomeys for the concerned parties and it was eventually resolved that a payment of three-thousand-four-hundred ($3,400.00) dollars Plaintiff to Defendant would satisfy the attorney's fees and costs of Collicr County. Thcrefore, it is the position of the Coum~ Anorney's Office, with the concurm~ of the Risk Management Department, that the Satisfa~on of Jud~nent be executed and the County be authorized to accept the payment ofthree-~-four-hundred ($3,400.00) dollars. FISCAL IMPACT: GROWTH MANAGEMENT IMPACT: None. There is no cost to the County in this matter. Rather, the receipt of these funds will be deposited into the County Fund #516-121650. 1 -- RECOMMENDATION: Th~ the Board of County Commissioner= accept the negoti~ed re~olution of ~ nm~', ar, hoHzing the acceptance of the payment of three-thoumgl-four-hundred ($3,400.00) doll~ to ~oved by the Com~ Attorney'~ Office to achieve clo~re of thi~ manet. Lawrence S. Pivacek A~ir,~m! County Attorney Datc Reviewed by: c, wa~e~' /,.dj' ~ 05 ~J997 Pl._ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR C0T.?.?ER COUNTY. FLORIDA CIVIL ACTION ELEANOR BILLUPS, Plaintiff, COLLIER COUNTY, a political eubdivision of the State of Florida, Defendant. CASE NO. 94-3606 CA ~TZSFXCTION OF FINAL JUDgMeNT KNOW ALL MEN BY THESE PRESENTS: Satisfaction of Final Judgment this That COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter, "Collier County'), Defendant in the above- styled cause and owner and holder of that certain Final Judgment, attached hereto and made a part hereof, dated April 10, 1997, in the above-named Court against , ELEANOR BILLUPS, Plaintiff therein, said Final Judgment being duly filed with the Clerk of Court for Collier County, Florida, on April 11, 1997, do~ hereby acknowledge full payment and satiefac~ion thereof in t. he a~ount of Three Thousand Four Hundred ($3,400.00) dollars and hereby consents that the same shall be satisfied of record. IN WITNESS ~OF, Defend&nt, COLLIER COUNTY, thro~h its authorized representative, has hereunto set its hand to this day of , 1997. O 5 WITNESSES Signed: Print: Signed: Pr iht: BOARDOF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA, AS THE GOVERNING BODY OF COT~ER Signed: - TIMOTHY L. HANCOCK, C HAII~AN Print: Title: STATE OF FLORIDA COUNTY OF COLLIER The foregoing inetru.~ent was acknowledged before me, in the County and State above written, this day of , 1997, by TIMOTHY L. HANCOCK, am Chairman of the Board of County Commissioners of Collier County, Florida, know~ to me (OR) __2) has produced identification. NOTARY PUBLIC: 1) is personally My Commission Number: My Commission Expires: Signed: Print: State of Florida at Large IN TH~ CIR~ COURT OF THE TVCZNT~:TH FUDI~ CIRCUrr n~ AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ELEANOR BILLUPS, Plaintiff, V. Case No. 94-3606-CA-01-TB COLLIER COUNTY, a political subdivision of the State of Florida, Defendant FINAL JUDGMENT Pursuant to the verdict rendered in this action (copy attached) on January 26, 1996, IT IS ADJUDGED that Plaintiff, Eleanor Billups, take nothing by this · ction and that Defendant, Collier County, go hence without day and recover costs from Plaintiff that shall bear interest at the legal rate for which let execution issue. I this DONE AND ORDEP~D in chambers, NapIes, Collier County, Florida, on .,~'_ ) dayof QJ ,1997. / ' $/TEO BROU$$FA~j _ Circuit Court Judge Conformed Copies To: Michael W. Petfit, Esq. Thomas C. Chase, Esq. .',%