Agenda 06/24/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 24, 1997
9:00 A.M.
NOTICE: ALL PERSONS WISHI~NG TO SPEAK ON ANY AGENDA n'EM MUST REGISTER PRIOR
TO SPEAK/NG.
R~QUESTS TO ADDRE.~ THE BOARD ON SUB$E~ WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMFITED 1~ W'RFf'ING W~TH EX~PLANATION TO THE COUNTY ADMINISTRATOR AT
LEA.ST 1.3 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HF..ARD UNDER "PUBLIC
PETn'IONS".
ANY PERSON WHO DECI/)ES TO APPEAL A DECISION OF THIS BOARD WILL NE~-D A RECORD
OF THE PROCEEDINGS PERTAI?qING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBA'FI~ RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVEDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REG~TERED PUBLIC SPEAKERS WI/.L BE L[MtTED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE C~.
ASSISTED LISTENING DEVICES FOR THE HEARING [MPAFRED ARE AVAILABLE 12q THE
COUNTY COMMLSSIONERS' OFF1CE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
A. June 3, 1997 - Re~l~r meeting.
B. June 4, 1997 - Special meeting.
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLA,MATIONS
1
June 24,1997
1)
Proclam~ pruclslmial Jun~ 22-~.~, 1~? u Agrt~ltur~i Pr~l~na V~lsanteer
Apprt~aii~s Wed~ ia C~lller C~nty.
B. SERVIC~ AWARDS
C. PRKSENTATIONS
APPROVAL OF CL£R.K'S R~PORT
A. ANALYSTS OF CHA.~GES TO RESERVES FOR CONTIi~GENCff.-S.
I) General F~snd (00]) I;'Y %/97.
Communit3, Development Fund (113) FY %/9?.
3) F~cillt~s Co~s~ructlon l;'und (~01) FY 9~7.
PUBLIC PETITIONS
COUNTY AD.M'L-¥tSTRATOR'S REPORT
A. COMiVFUhTI-Y DEVELOPMENT & ENV~ONMENTAL SERVICES
1) l~___n~nm~ndation to approve Commercial Excavation Permit No. 59.605 - Capit~i
Flo~es Co~nnn,ercJ~l Excavation, located in ~ 4, T4gS, I~]K 0.,ors 10g ~nd 110,
Uui~ 45, C~den Gate Esut~).
B. PUBLIC WORKS
1)
R~-vk.w Hearing for AJtcrnative Water and W~te'~vater System Impact Fee
Calculation for Chancellor Park.
2)
l~)orl to the Board of County Commluioncrs on the Solid Waste Standard
Container Pilot Pro, ram tod r~que~ for ~lirtction r~rdint the S~iid Waste
Co41eclioa Fra~chig AZr~ements. (Continued from 3/'25/97)
~)
Appr~,l ~ Fundinz Options for preparation of the Coocept~a.I
i~sip~tr~uope Pltn Component of the Adopted Mar~o hi,nd M~ter Pith.
4)
Approve a Co,~s~n,~ction Chan~e Order with l~tler Roadk ~ for florin ~er
~i~ wo~ for the ~l~n~e Hamm~k ~ad F~r ~nln~ P~, Bid N~
9~ I.
C. PUBLIC SERVICES
I)
Rt~co~mendation that the Board of Connty Co~nmiuioners apprmte the Pario
Captttl Planning Repot1 and the "Creation of Nci~b~rhood Patio" I~i~cy, a~d
dir~-t staff to develop a contrnct for a new updated study of the Parlo' Impact
Fees.
2)
R~commendation to the Board of County Commissioners that staff hat no
additi4~tl information or recommendations in re~rd to the beach parking
iuteriocal agreement issue with the City of Naples since the item was continued
June 24, 199'/
10.
I!.
from thc May 20. I~)? B~ard o¢ County CommLu~oncrs' ~u~ (~a~ f~
0~0~7
D. S~PORT SKR~C~
1) ~ndat~ that tbe ~nrd ~ C~nt~ C~mi~ ~r n~ptln~ t~
a~d ~ut~ updatln~ t~ Collar C~n~ ~lan~
COUN~ AD~IST~TOR
1) ~.~ ~ d I~ Co~..l F~ilit~ lmp.~ F~ F~ibilil~ Smd~ p~p~d
b~ Hen~, Y~*~ & Comp~n~.
2) ~ ~ ~en~ for 2" qua~er for ~ Y~r 1~7.
COUN~ A~O~Y'S ~PORT
~a~ c~sl~t~ and di~tlon ~garding p~menl of pmfmlon~ ~cs for
impl~Mfl~ ~ lnte~m ~vemmental ~
BO~ OF COUN~ COMM~SIONE~
Re~lut~oop~singA~yCo~sofEn~n~Kn~ronment~pactS~dy' ~o~hord
at 1:~ p.m.)
B. Di~u~on ~g3rding thc comme~ial loading d~k
(Commissioner H~c~k).
O~ER CONSTI~TION~ OFFICE~
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE ttEARD IMMEDIATELY FOLLOWING STAI"T
ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COM]>iLEHENSIVE PLAN AMENDMENTS
B. 7..0 N I~TG AMENDMENTS
1)
Petition PUD-97-7, Thom~ F.. K.illcn r~presenting the Prok, eny
Corporation, rtquc~ing a rezone from "I" Industrial to "PUD" Planned
Unit Development to be known a~ the Progeny Commerce Center PUD
containing all those industrial uses allowed in the industrial district and
certain commercial uses that qualify a~ transitional uses between industrial
and non-industrial for properly located on the north side of Radio Road,
3
June 24, 1997
Co
wes~ 04' Indu~r~al i~)ulevard in ~ 36, T49S, R.25E, con$i~ing of 9.27
~cr~, mo~=K or I¢%t
OTHER
1) Pclltkm AV 97-002 to vaczte a potion of Tracts M-! and M-2 and all of
Tr~-t M-3 ~inl~ p~vatc ~adways u ~h~n ~ the ~at of C~stai ~ke
Te~ at Ea~Ic C~k, u ~or~cd ~n Plal ~k 16, P~ ~3~, of thc
~blic R~ord~ of Coillcr C~nty, ~o~ (Companion item to thc Plzt of
C~zl ~kc Terraces at Ea~Ic C~k ~plaL)
2) P~JtM SNR-9%S, gu~ll M. ~a of W~ward, Pires & ~mbardo,
p.~, ~ntlnl Gulf Bay 1~, ln~, ~qu~int a ~r~ name change
f~ ~p~nship Drive to ~ub Center ~l~ard which ~t is
~ ia t~ MaKo S~ Unit ~ ~lf C~ PUD ~bdi~sion, ~tcd
ia ~t~s 14 ~d 15, T~IS, ~6E.
3) P~it~ SHR-9%2, Ru~ll ~. ~a ~ W~ward, Pares & ~mbardo,
p.~, ~ntJnt Gulf Bay 1~, ln~, Kqu~ing a ~rcet name chan~e
f~ T~amcnt ~l~ard to ~d~lcr't C~k Pa~way, which strut
~alcd in the ~a~o Shores Unit ~ ~lf C~ PUD Subd~slon, I(~ated
in ~t~n 14, T~IS,
4) P~it~ SHg-97q, ~11 ~. ~a of W~ward, Pires & ~mbardo,
p.~, ~p~ntint Gulf Bay 1~, In~, ~qu~in~ a fl~t name chan~c
f~m Ma~o~ Club D~vc to Championship D~vc ~ated within thc
~a~o Sho~ Unit ~ ~lf C~ PUD Subdi~slon in ~tions 14 and 15,
TSIS, ~6~
~ommcadalion lo adopt a R~lutlon confimln[ thc PrcJimlnlg
~mcnl Roll u the Final Roll ~d Jdopt t~ s~c u thc
Vl~m ~ssment Roll for thc pu~K o[ utJlizin[ the ~ni[o~ ~clh~
~ C~tion pu~ant to ~lion [97.~32, ~odda Statute, within thc
~3pl~ PJ~ A~ Dr~n3~t ]mpmvcmcuts ~a~icip~] ~cc ~ncfit
6) ~q~ for ~ard lo adopt thc accompanyin~ Rc~lution ~ducing the
~lzto~' ~sment f~ from f~r ,nd on.half ~rcent to 1hr~
~ g~ ~venues ~tive ~to~r I, 1~7 for nonexempt p~vately owned
water ~ w~atcr s~cms mbj~t lo ~ ~latloa, aulho~in~ thc
Coll~r C~nty Water ~d W~ewaler Authority to adjust water and
w~slcwater rat~ accordln~y.
~ommendation to the ~ard of C~nly Commisstone~ to consider an
applka~n for a cable f~achi~ mbmi~ed by ~o ~l~d Cable, ln~
(Continued from 6/17~ ~flB ~EH SCHEDULED TO BE HEA~ AT
10:~ ~.)
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC ttEARINGS
1) Petition A-97-2, Richard Jaklitch requesting an appeal of thc Collier
Coonty Planning Commission's approval of Petition BD-97-11 on May
June 24, 1997
14.
1S.
2)
4)
19~?, for property located at l~ot 8, Block F, Lit'lie Hickory Shor~s, Unit 3
Petitiou CU-9'/-10, Robert Duane representing S,e..acrc~ School toque, sting
Ceedi~on·l U~ "4' of Ih~ Est·res Zoning District for a Ebon4 ·ddltlon for
pr~:~rt}, ~ocated al 7100 Davis Boulevard in Sec. $, TSOS, R26£, consisting
of approximately 9.8 acre_s.
petition V-97-3, Chzr~es Holland rcquestlng · 16.4 foot vat, trice frown the
r~qulr~d ~0 foot rear setback Io 13.6 feet for property located at 2721 Vtn
Boron Avenue, further described a.s Lots 3g=40, Crtlgs Subdivision, in Sec.
14, TSOS, P,~$F..-
Petition V.97--4, Gall J. and Lind· J. Hafner ar~ r~questing tn sifter-the-
fact variance of 29 feet from thc required rear setback of'/$ fe~t to 46 feet
for permitted storage shed converted into a ~ house without a building
permit for · property located al 1181 25n' Street S.W. in Golden Gate
Es'tn Ic.~.
B. OTHER
BOARD OF COUNTY COMbtiSSIONERS' CO,MMUNICATIONS
STAFF'S COM,MUN ICATIONS
16.
CONSENT AGENDA - All matters listed under this item ar~ considered to be routine and
· etlon will be t~cen by one motion without separate discussion of czch item. Iff discussion is
deslrcd b? a member of the Board, that item(s) will be r~movcd form the Consent A~.enda
and considered scparat:l.v.
Bo
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve for r~:ording the finaJ plat of "Pelican Lake
R.V. Re. sort, Unit Two".
2) Recommendation In approve for recording the final plat of =Crystal L~e
Terraces at Ea?,le Creek Repine" (Companion to Agenda llem 12C.(1)
3) Recommcndalion to approve for recording thc final plat of Southwest
Professional Health Park.
4) Recommendation to approve for recording the final plat of "The Lady".
PUBLIC V,'O RK~
1) Recommendation to approve the purchase of the Meli Property to meet
South Flor'ida ~,Vater Management District Mitigation Requirements.
2) Recommendation to ·pprove mid*year adjustments to Water Management
Cl]a Budget (Fund .325).
Sunc 24.1997
3)
4)
Pe41<r~-ap Resolullos~ to the Board for postlnI of ~l~s prohibiting
~t~n ~ t~c~ and other com~i~ ~k~ ha~nl a rnttd Ioad-
ca~in~ cap~it~ in czcc~s of one ton f~ ~b m~cm~nt~ on Pelican
~d~t ~l~ard.
Approve Chanl:e Order Ho. i (Final) to Contract Ho` 97-2628, Marco
L~iand Beach RenourlshmenL
s)
Award Contract Io construct the Reclaimed Water Transmission Main
frm~ Quail Creek to the Hotnh County Rc~ioaal ~,Vater Treatment Plant,
Pl~.e I~, Bid No. 97-26'14.
Approve a Change Order with Salesman Coas~raclJon, Lac. for additionaJ
cons~r'm:tion serv~cc~ for S.R. 29 Canal Creulng lmpr'~'ements, Bid No`
9~2.320.
9)
Approve Work Order for Profe:uionai £n~ine~rlng Str~c~ ~lalcd lo Ibc
C~nty R~lalmed Water Sy~em Back-P~ ~aining Valve~
R~ommcndation to award Bid Ho. 97-2655 for ~quid Sludge and Cake
R~iduai Dis~zl.
Apple Word Order wMBaP ~ 97-7 with Wil~n, Miller, Ba~on and
P~ In~ for [n~a~Hng ~c~ ~latcd Io Ibc ~i~ion of Waler and
W~aler Facilili~ in U.S. 41
Recommcndation to enter into ne~oliations with R&L, Lndustrics for Plulic
Farm Mulch Rec.vcling at the Immokalee Landfill.
Approve and ezecute a Professional Serrtces Agreement with Hole, Montes
and Associatcs~ Inc. for the A~rporl-Pulling Road Bridge Project al
Junction lmmokalce Road ~ No. 97-2636).
~2)
Approve parlial constructio~ bids for Pathway and Landscape
bapro~'ements a~ong Vanderbill Dri~ between Vandcrbilt Beach Ro.ad
and ] I Ia Avenue-
C. PUBLIC SERVICES
I)
Recommendation that the Board of Collier County Commissioner~ accept
d~'~ations in the amount of $12,000 from Collier County ~:rowers lO bt used
to pa)' the ~lar'y of the CommerciaJ Vetetable A~ent.
2)
Recommendation that the Board of Collier County Commissioners
~tborL~ the I~lac~d wo~ o~r and ~d~ ~ndmenl to enab~ the
c~ti~ ~ the skate~ard f~ility at the E~ Naples Community Pa~
D. SUI~PORT SERVICES
!)
Recommendation that the Board of County Commissioners approve an
Agreement for the Provision of Telecommunication Services and Facilities
between Collier Cm~nt~, and Sprint-Florida, Incorporated and approve a
budl:et amendment for expenses related to the operation of same.
June 24. 1997
17.
2)
Fo
3)
Report to the Board of County Commissiom:rl c~cer~in~ tl~ sz~e and
tr'znKer of items assailed with t~ C~nt7 ~hs A~t~ ~ Ju~ T.
I~T.
To [zin Board approval for Ibc Chilman to si~ ~ nppl~at~n for
~al ~ Collier C~nty'~ Radio Amnl~r Ci~l ~~y ~e
~C~) Amal~r ~dio ~cen~
COUNTY ADMINISTRATOR
l)
2)
l~dz;et Amendmcnt Report.
Req~..~ authorization for the County Adminls~rnto¢ to approve consent
and en~ri~ncy a~nda items durin~ the Board's recess.
Approve minor llne item fl, visions to the amended 1997 A~,rttmcnt
be-t~een Collier C~nty and the Hapi~ A~ Acc~at~as As~iation,
I~ for Calc~o~ B. T~st Development ~und~
BOARD OF COUNTY COMMISSIONER.S
MISCELLANEOUS CORRESPONDENCE
I) ~ali~aetion of Lien_: NEED MOTION nulhorixln~ the Chairman to si~n
Satirfaclion of Lien for Services.of the Public Defender for Case No~.: 91-
1069-TM, 91-2197-TM, 91-2114-TMC, 90-672-TM, 90-6251-TM, 90-5496-
T~U90-S313--TM, 8'/- 1942.Tbl C/S?-1962-TM, S~)-1S2 l-TM,
9'0-1799-TM, 89-4978-TM/90-1799-TM, 9G- 1798--TM, 90-185-IT, 94-1975--
CFA, 92-671-MMA, 92-671-MMA, 91-4105.-TM/92-1419-MMA, 96-8-158-
MMA.
2) MISCELLANEOUS ITEM~ TQ FILE FOR RECQRD WITH A~TIQ-.~-
OTHER CONSTITUTIONAL OFFICERS
COUNTY ATTORNEY
1)
2)
Recommendation to the Board to accept negotiated ~ttllemen! and approve
payment in Ihe lawsuit of Ha~rry Fmnlgan, et al., ~. Collier County and IO
authorize thc chair-man 1o execute all necessary settlement documents.
ADJOURN
Recommendation that the Board approve and authorize the Chairman lo
execute a Contlnuin~ Retention A~reemcnt for servicea o~ an "ts-needed"
basis with the law firm of Alien, Norton & Blue, P.A., to meet County
Purchasing: Policy contract update requlr~ments.
Rtcommendation that the Board approve and authorize a Budget
Amendment to cover the costs of updates lo thc Collier County Code of
La~s and Ordinances and Land Development Code through the end of the
toni racl p~ riod.
June 24, 1997
AGENDA CHANGES
BOA RD OF COUNTY COMMI,.KSIONEl~' ME.~.TiNG
JUN~ 24, 1997
ADD: ITEM ~AX2) -Recom~ion to approve for recording the final plat of"Naples
Heritage Golf& Country Club Phase Two-B". (Staff's request).
ADD: ITEM $(A)(3) -Reco~tion to approve for recording, the final plat of Fiddler's
Creek Phase I B, Unit Two. (Staff's request).
ADD: ITEM S(AX4) -Reco~ation to approve for recording, the final plat of"Pelican
Marah Unit Seventeen". (Staff's request).
ADD: ITEM I~AXS) -R~tion to approve for recording, the final plat of"Pelicam
Strand replat - IA". (StaWs requesQ.
ADD: ITEM ~B)(5) -Request Board approval of a Developer Contribution Agreement with
Commercial Development Company for a land donation for a segment of the future east-west
~egrnent of Livingston Road in North Naples. (Staff's request).
CONTINUE: ITEM 13{AX4) (NO DATE) - Petition V-97-4, Gaii J. and Linda J. Hafner
requesting an after-the-fact variance for permitted ~torage shed converted into a guest hou:,e
without a building permit. (Petitioner's request)
NOTE:
Item 12 (C X7) ia Scheduled to be heard at 10:00 a.m. -(Rec. omm~tion to the BCC to
consider an application for a cak)le franchi~ ~ubmitted by Marco Island Cable, Inc.)
Item 10(A) is scheduled to be heard at 1:00 p.m. - (Resolution opposing the Army Corps of'
Engineera Environmental Impact Study.)
I~R OCLAMA TION
WHE~,
Extension Agricultural Program Volunteers are an integral part of Collier
County Government; and
Collier County Agricultural prograrns offer opportunities for growers and
producers who wish to volunteer in a variety of different ways. such ax defining
educational program directions; and
during the past 5 years. Agricultural Program Volunteers have donated in
excess orS. 000 hours to the Cooperative Extension Service and the Community;
and
Agricultural Program Volunteers ~'ulTport such worthwhile efforts ax the Collier
County Agricultural Tour, the Farm-City Barbecue, and the Collier County
Agricultural Fair; and
WI~EREAS,
without Agricultural
Cou~.ty residents
quality of service to Collier
reduced.
NO W THEREFORE. be it
County. .
of Coilier
A
COUNTY
g~ve
Program
Government.
DONE AND
COf~.
~, AICP, CHAIILMAN
- AGENDA XT£14
No. ~",&
JUN 2 1997
6A.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
For the meeting date of June 24, 1997
CLERK'S REPORT
Analysis of Changes to Reserves for Contingencies
1. General Fund (001) FY 96/97
2. Community Development Fund (113) FY 96/97
3. Facilities Construction Fund (301) FY 96/97
I IIII- ........ l
JUN 2 ~1 lg97
ANALYSI~ OF CHANOES TO OENEWJd. FUND (001)
P. ESEI~VE FC~ CONTINOENCIE8
Fo~ me rn44~ dali of June 24.19t7
FY 1 .t4-e?
IlJl[l~ FOR CONTINGENCIES:
C.,un"ent Balance 8/18~97
(~} or Ino'~Na aa explak'4d
11-27-~6
12-11-9~
12-11-~
12-31-9~
1-16-97
1-22-97
EX~LANATK:)N OF REDUCTIONS
Explanation
48 To rage,' I/~ bottom of ~ acl~y and plunge pool.
64 To pay U~ expe~'~se$ for Immokatee Child C~re Cen~er
To re13err ~,e Cent~l L~brary Chil~r
92 R~ ~n~fer ~ ~ad a~ B~e d~ ~
~ r~wed fm ~a~y ~ and ~.
110 To e~le ~ Fa~ La~r S~rds ~ lefl~nt
a~ re~s ~h p~ant~s ~ ~er e~y~ W EMS.
119 To r~e ~ lazard a~ r~u~ r~ut~d
4.675,900
__ 5,378,019
(16,50<).00)
(11 .(XX3.00)
(14,475 00)
(42.770.00}
1,364,6OO.00
1-31-97
143
To i:m:)ceed w~h Tax Deed Appl~at~on$ for delinquent
taxes fo~ 19,~4 ~ax ce~t~.ates.
(35,500.00)
2-11-97
163 To fund gain sharing awards as approved by BCC 12.17-9~
(80,956.00)
2-28-97
3-17-g7
187
To fund emergency repairs to the lmr'r, okalee Jail, Na~e$ Jail
ar~3 I:)<..ldir~g K ~ce machine.
202 TO pay the coil of h,nn~ a r'~ew County Administrator.
(12.5OO.00)
(15.5OO.00)
6-5-97
5-7-07
248 Iml:~-Ovement$ and new fumttura loc the Golden Gate Library.
252 To I:~'oviOe funds for mandated Med~cade colts.
(53,OOOOO)
(435,000.00)
6.15,'97
290
Reducbon in expenses and recognLze contributions from WCI for
purchase of rand in Wiggins Bay Basin
47,600.00
Amendments amounting to less than
$10.000 eac.~. (No.: 29, 17, ~. 89, 51,161, 162,)
J U N 2 1997
S (38.18o)
S ....
ANALY$1~ OF CHANOE$ TO COMMUNITY DEVELOPMENT FUND (113)
RE, IERVE FOR CONTINGENCIES:
Or~g~al Budge~ 10/01~96
Current BaLance 6/16'97
(Reductions) or ifil:teases as exi;~aine<l
Date
1-22-97
B.A.
Requelt ,,
112
~30-g7 285
RESERVE FOR CONTINGENCIES
For ff~e mee~ng date of June 24, 1997
FY 1996.47
EXPLANAT]ON OF REDUCTIONS
Explanation
Fun~s pn:~v~ed ~ excess carry fo~rard
Funds needed to continue rr,crof~lrmng buildir~ permit files to make
room for addffx3nal record stooge
$ 277.400
749~.
(~educUo~y
$ 485.2O0,0O
(13.000.00)
Total Reductions
JUN 2 1997
ANALYILt Of: CI'U~OE$ TO FACIUTIE$ CONSTRUCTION FUND (301)
RE. SERVE FOR CONTINGENCIES:
O~a~ Bucket 10/01~G
C.,un'ent Balance 6/16/97
(Reduc~ons) o¢ ~'~creases as exi::~air~d
Date
2-11-97
Request___
2-24-97
3,-.5-97
~2~g7
RESEI~VE FOR CONTINGENCIES
For ~ meetin~ data of Ju~e 24, 1997
FY' 1996-97
EXPLANATION OF REDUCTIONS
Explanation
148 ACK~ CarT'y focw'ard is needed for oc~o~ng
foe 1997
Fus~d$ r",ot needed for L~gntJr~g Retrofits. returned
F~ ~ 1o ~er t~ ~st ~ ~(ess~nal
~~ for ~st 41
281 F~s n~ed to u~de ~C system. Se~. S~ge. and
re~ ~ ~thr~ms at Im~kal~ A~uatic
$ 294.400
4~s,~13
(32,00O0O)
(28.420,00)
A,,-r~t~.dments 3mounbr~g to less than
$10.000 each (No 2,5,210)
(12.201.00)
Total reducl~n$
J[{~ [ k'~ ]T[lq
No. ~ .-~ '2.,
JUN 2 lgg7
RECC~NDATION TO APPROVE ~RCIAL EXCAVATION PERMIT NO. 59.605
'~CAPITAL HC~4EB ~RCIAL EXCAVATION", LOCATED IN SECTION 4,
TOWNSHIP 48 8CKITM, RANGE 28 EAST (LOTS 109 & 110, UNIT 45, GOLDEN
GATES ESTATES), COLLIER CO{3NTY, FLORIDA.
OBJECTIVE:
To approve Commercial Excavation Permit No. 59.605 "Capital Homes
Commercial Excavation" in accordance with County Ordinance No.
92-73, Division 3.5.
CONS IDERAT ION.S:
Project Plan Review bas completed the review of the excavation
permit appl icatlon ~or Capital Homes Conunercia 1 Excavation.
Staff comments are inc]ud~.d as Attachment No. 2.
FISCAL I~4PACT:
The County has received an application review fee of $850.00
The County will realize revenues as follows:
Permit Fee:
*Road Impact Fee (approx.)
(*to be calculated later)
$358
$9,000
The security amount will be $25,000
GROWTH ~M~NT IMPACT:
None
R~C~NDATION:
That the Board of County Commissioners approve Commercial
Excavation Permit No. 59.605, with a maximum 5 year duration, and
further direct staff to prepare amendments to the Land
Development Code which will establish specific standards and
conditions for commercial excavations within the Esta~ es ~/1//1~
district. ~G £ ~/AIT
'JUN 2 4 i997
PS- ~
EXECUTIVE SUMMARY
'Commercial Excavation
Page 2
Permit No.
59.605"
PREPARED BY:
~t Chrzano~ski
Project Plar~Review
Date
Thomas E. Kuck, P.E.
Engineering Review Services Manager
Donald W. Arnold, AICf
Planning Services Dep_artment Director
Via, cent A. Cautero, Administrator
Con~munity Development and Environmental
Date
Date
Date
Services
SC/pd/h:EAB Executive Summaries/Excavation Permit Ho. 59.605
~TAYF COMMENT5
BACKGROUND:
Collier County haz four ways to perrmt excavations within County limits, generally de~Tibo:l az
follows:
1. Permit exemFtions allow for lakes larger than V, acre and less than I acre, on any
size parcel.
2 Private permits allow for lakes less than 2 acres.
3 Development permits allow lakes of any size where no offsitc hauling is involved,
and,
4. Commercial permits allow lakes of any size and are the only type of permit that
allows lakes deeper than 12 feet and allows for offsite hauling of fill.
At present, commercial excavation (or earth mining) is not a permitted, accessory, or conditional
use in the estates district. Estates property owners are permitxed to dig la.kcs, but all excavated
material must remain on site
RECENT I~STORY_
There is one "commercial' excavation in Golden Gate Estales - the Al McCall excavation -
Permit # 59.564, approved by the Board of County Commissioners on March 5n 1996, which
allows for a 2 acre lake on a 5 acre parcel. The entire 30,000 (.Z) C Y. of excavated rr~terial ~
removed from the site by Jolly Excavating There were no complaints from nearby property
owners during the operation, which appears to be nearing complaion.
The Engineering Inspections Department estimates they encounter 4 to 5 cases of illegal
excavation, or spoil bank removal per year Most of these operations are found by chance
because of the large area of Golden Gate estates and the small number of inspectors. We assume
many illegal operations are not caught.
There are approximately 90 units (se, ctions +/-) of Golden Gate Estates north ofi-75. These urfits
contain, on an average, somewhere around 125 each 5 acre tracts. That's 250 legal 2 I/2 acre
parcels.
,JUN 2, 4 ~997
It takes 500 to $00 C.Y. of fill to do a typical sized Golden Gate Estates house pad, and a 5 acre
circular lake at 15 feet deep yields approximately 100,000 C.Y. of fill. (Depending c)n elevation
of rock), so a 5 acre lake car do, on average, about 150 house pads.
Not all Estates lots have subsoil conditions conducive to house pad fill excavation.
Capital Homes claims they build, on average, a house per week, so a 5 acre excav~:tion would
sati!;fiy their demand for 3 years.
Their proposed excavation site is % miles east of the existing McCall excavation on the same
block. Jolly Excavating intends going from the McCall excavation to the Capital Homes site,
maintaining a continuity of operation.
CONCLUSIONS'
By allowing small developers to do 5 acre lakes on 10 acre Estates parcels, leaving enough land
for two houses on each 10 acres, staff'fi:els we could accomplish the following:
2.
3.
4.
Reduce the demand for illegal fill by making legal fill easier to obtain.
An increase in supply might bring down fill prices, with a resultant drop in home
prices.
More widespread fill sources would cut down truck mileage and resullant wear
and tear on County roads.
Reduce the practice of' clearing and digging holes at the rear of' Estates lots, using
the fill for house pads, and burying the cleared material (vegetation) in the hole.
Staff. thinks it might be helpful to create a new class of' excavation - Estates Residential
Commercial - with strict size guidelines. (10 ac. Min. Lot Size and not more than 50% of'the land
occupied by the finished lake).
The petitioners will also be responsible for obtaining necessary permits from the Army Corps of
Engineers, the Department of Environmental Protection, and the South Florida Water
Management District prior to the start of any excavation. Copies of the permits to be l'maded to
Collier County at a preconstruction conference.
SC/pcl/h:EAB Executive Summaries/Excavation Permit No. 59.605 (St,nfl'Comments)
-2-
1
/
IMAY
CAPITAL HOMI
COMMERCIAL EXCA VI
'97 IlDo" ~
'S ,,~.
T/°~UN £-~ 1997
:)LLY. ~.X_.CA_~OR
I
1997
E~ECUT IVE SUMMARY
'RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES
HERITAGE GOLF & COUNTRY CLUB PHASE TWO-B"
OBJECT ..I%rE:
To approve for recording the final plat of "Naples Heritage Golf &
Country Club Phase Two-B ,, a subdivision of lands located in Section
9, Township 50 South, Range 26 East, Collier County, Florida.
CONSIDERATIOn,
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Naples
heritage Golf & Country Club Phase Two-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 construction of the
improvements. The security in the amount of 110% of the total cost
of the required improvements is being covered by Construction and
Maintenance Agreement for Community Development Districts. This
would be in conformance with the County Land Development Code -
Division 3.2.9.
Engineering Review Section recommends that the final plat of "Naples
Heritage Golf & Country Club Phase Two-B" be approved for reccrding.
FISCAL IMPACT:
The fiscal impact to the County is none.
The project cost is $45,463.92 (estimated) to be
borne by the developer.
The Security amount, equal to 110% of the
project cost, is $50,013.92
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $16,453.86(all of Phase Two)
Fees are based on a construction estimate of
$853,766.37 (for all of Phase Two) and were paid
in October, 1996.
Executive Summary
Naples Heritage Golf & Country Club Phase Two-B
Page 2
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION,
That the Board of County Commissioners approve the Final Plat of
"Naples Heritage Golf & Country Club Phase Two-B" with the
following stipulations:
Accept the Construction and Maintenance Agreement for
Community Development Districts as security to guarantee
completion of the subdivision improvements.
Authorize the recording of the Final Plat of
Heritage Golf & Country Club Phase two-B
"Naples
Authorize the Chairman to execute the attached construction
and maintenance agreement.
That no Certificates of Occupancy be granted until the
required improvements have received prtliminary acceptance.
PREPARED BY: ~ ~
John R. Houldsworth, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas ~. Kuck, P.E.
Engineering Review Manager
_ nald .~.--Arnold - - ~ ~ '_~
Pla~ni./g Services Direc~gr
Vincent A. Cautero, Administrator
Co~.~,unity Development & Env'~.ronmental Services
Date
Date
Co~,L'unity Dev. and Environmental Svcs. DIVISION
JRH/ew
'J, UN g 1997
CONSTRUCTION AND )~INTENANCE AGRE~ FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICT:3
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is
entered into this day of , 19 ]Dy and among
NAPLES HERITAaE COMMUNITY DEVELOPMENT DISTRICT, an independent special
district and body politic of the State of Florida (the "District.}, U.S.
HOME CORPORATION, a Delaware corporation (the Developer.) and the BOARD
OF COUNTY COM~ISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board").
RECITALS~
A. Simultaneously herewith, the Developer has applied for Board
approval of that certain plat of the subdivision to be known as Naples
Heritage Golf & Country Club, Phase Two-B (the "Plat").
B. Division 3.2 of the Collier County Land Development Code (the
"Code") requires the District and the Developer to provide certain
guarantees to the Board in connection with the construction of the
improvements required by the Plat.
C. The District and the Developer desire to provide the required
guarantees to the Board hereby.
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual covenants hereinafter set forth, the District, the Developer and
the Board do hereby covenant and agree as follows:
OPERATIVE PROVISIONS:
1. Required Improvements. The District will cause to be
constructed: Those certain roadways, drainage and water management
facilities and water and sewer utility facilities shown on the
construction plans for Naples Heritage, Phase Two-B, except those
improvements within the golf course (collectively, the "Required
Improvements.). Subject to Paragraph 3 hereof, the Requited .~.~~tsI
will be constructed within thirty-six (36) months from tle,~%h~Tthe!
Board approves the Plat. t
2. Security for Required Improvements. A construction fund (the
"Construction Fund") has been established by resolution of the District
adopted on December 9, 1996 (the "Bond Resolution") from which the cost
of construction of the Required Improvements shall be paid. The
Construction Fund shall be held in the custody of a bond trustee (the
"Trustee,,). Proceeds of bonds authorized to be issued by the District
pursuant to the Bond Resolution shall be deposited, at a minimum, in the
Construction Fund as follows: $45,463.92 for costs of the Required
Improvements (the "Construction Amount") and $4,550.00 representing ten
percent (10%) of the Construction Amount (the "Reserve An~unt.). The
Reserve Amount shall be retained as a reserve in the Construction Fund
pursuant to Paragraph 5 hereof. In addition to the foregoing, proceeds
of the Bonds shall be deposited with the Trustee to be held as
capitalized interest which shall be sufficient to pay interest on the
Bonds during the seventeen (17) month period following the issuance
thereof. In addition, proceeds of the Bonds shall be deposited with the
Trustee in the Debt Service Reserve Account established by the Bond
Resolution in an amount sufficient to pay approximately twelve (12)
months of debt service on the Bonds. There shall be sufficient monies in
the construction fund to construct the required improvements and all
other improvements authorized by the Bond Resolution, as well as to fund
the Reserve Amount.
3. Construction of Required Improvements.
(a) Annexed hereto and made a part hereof as Exhibit A is a
Construction Schedule relating to the Required
Improvements (the "Construction Schedule.). The District
shall commence construction of the Required Improvements
within sixty (60) days following writt~ n~--c~
approval to the District from the Devel pme es
I JUN 1997
Department and the issuance, sale and delivery of the
Bonds (the "Commencement Period"). The District will
pursue construction of the Required Improvements to
substantial completion within twelve (12) months following
the end of the Commencement Period (the "Construction
Period").
(b) In the event the District fails to: (i) commence
construction of the Required Improvements within the
Commencement Period; or (ii) substantially complete
construction of the Required Improvement~ prior to the
expiration of the Construction Period, upon written notice
to Developer by the Board, Developer shall immediately
become responsible for the construction of the Required
Improvements. The obligation to construct the Required
Improvements within the Construction Period shall be a
joint obligation of both the District and the Developer.
4. Developmen~ Services Direc~or, s Prellminary Approval of
Required Improvements. The Development Services Director shall not
consider the Required Improvements complete until a statement of
completion by the District' s or Developer, s consulting engineers,
together with the final project records related thereto, have been
furnished for review and approval to the Development Services Director of
Collier County, Florida (the "Director,) for compliance with the Code.
Within sixty (60) days of receipt of the statement of completion from the
District, the Director shall either (a) notify the District or Developer,
in writing, of its preliminary approval of the Rec~ired Improvements; or
(b) notify the District or Developer, in writing, of his refusal to
preliminarily approve the Required Improvements there~,---~'---
, lth
those conditions that the District or Developer must fulfill in order to
'JUN 1997
:
obtain the Development Services Director's Preliminary Approval of the
Required Improvements. In no event shall the Board refuse Preliminary
Approval of the Required Improvements if they are con~3tructed and
submitted for approval in accordance with the requirements of this
Agreement.
5. Maintenance and Reserve Amount. The District or Developer, as
the case may be, shall maintain all Required Improvements for a minimum
of one year after preliminary approval by the Development Services
Director. After the one year maintenance period by the District or
Developer and upon submission of a written request for inspection, the
Development Services Director or his designee shall inspect the Required
Improvements and, if found to be still in compliance with the Code shall
recommend approval to the Board. The District or Developer's
responsibility for maintenance of the Required Improvements shall
continue unless or until the Board accepts maintenance responsibility for
the County. Sums equal to the Reserve Amount shall be maintained by the
Trustee on deposit in the Construction Fund until the final approval of
the Required Improvements. The Board shall reflect its acknowledgment of
such finding by notifying the District, in writing, of its final approval
of the Required Improvements. Upon receipt of notice of such final
approval, the District shall no longer be required under this Agreement
to maintain the Rese~¢e Amount on deposit in the Construction Fund. In
the event that during the inspection the Director finds that all or some
portion of the Required Improvements are not in compliance with the Code,
the Director shall promptly specify, in writing, to the Di~]trict those
deficiencies that must be corrected in order to bring the Required
Improvements into compliance with the Code. The District shall apply the
Reserve Amount to payment of the cost of correcting such deficiencies.
In the event the District fails to pursue such corrective~act~D~
-4- UUN g 1997'
Developer shall bring the Required Improvements into compliance with the
Code. Upon correction of the specified deficiencies and written notice
thereof, the Director shall again inspect the Required Improvements and,
if found to be in compliance with the Code, shall submit such findings to
the Board for its final approval thereof.
6. Plat Recordation. The parties acknowledge that this Agreement
is a "Construction and Maintenance Agreement of Subdivision Improvements-
within the meaning of, and meeting the requirements established by,
Division 3.2.9 of the Code. The parties acknowledge and agree that
following the Board's approval of the Plat:
(a) The Developer shall not be entitled to record the Plat
until the Board receives:
(2)
Written notice from the Trustee that sums at least
equal to the Construction Amount and Reserve Amount
are on deposit in the Construction Fund (the
"Trustee Notice',);
Written notice from District and the Trustee that:
(a) The project for which bond proceeds have been
received by District includes the Required
Improvements;
(b) Such Bond proceeds are sufficient to finance
the Required Improvements as well as all other
improvements to be financed by the Bonds
(collectively "the Project") and to fund the
Reserve Amount. The Trustee's representation
that funds are sufficient to finance the
Project for which Bond proceeds have been
received as well as to fund
is based upon the Dis
(b)
estimation of construction costs which is
attached hereto and incorporated herein; and
(c) The project cannot be amended or changed
without the consent of the Board (the "Project
Notice");
(3) A representation and warranty from the District that
all governmental permits to enable the District to
commence construction of the Required Improvements
have been obtained ("Permit Warranty"); and
Upon receipt by [of] the Board of the Trustee Notice,
Project Notice and the Permit Warranty, Developer shall be
entitled to record the Plat without further condition,
other than payment of any related recording fees
established by applicable law and the execution of the
Plat by all required parties.
7. Liability. The County shall have no liability whatsoever to
the bond holders. Neither the enforcement of the terms of this Agreement
by the County nor the failure to enforce such terms shall create any
liability whatsoever to the bond holders, the District, or the Developer.
Any disclosure document prepared by the District or Developer in the
offering of such Bonds shall provide a statement as described above
relating to the lack of liability of the County.
8. Miscellaneous. All of the terms, covenants and conditions
herein contained are, and shall be, binding upon the respective
successors and assigns of the District, Developer and Board. By
Execution below, the Trustee shall evidence its acknowledgment of and
assent to the matters addressed herein. Any notice, demand, request or
-6-
JUN 2 ,t 1997 j
I
instrument authorized or required to be given or made hereby shall be
deemed to have been given or made when sent by certified mail, return
receipt requested, to the appropriate party at their address set forth
below:
To the District:
To the Developer:
To the Board:
With a Copy to:
To the Trustee:
Gary L. Moyer, District Manager
10300 N.W. llth Manor
Coral Springs, Florida 33071
Peter R. Comeau
U.S. Home Corporation
8670 Davis Boulevard
Naples, Florida 34104
c/o County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
Collier County Attorney
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
First Union National Bank of Florida
Attn: Ms. Vivian Cerecedo
200 South Biscayne Blvd.
Miami, Florida 33131
IN WITNESS WHEREOF, the District, the Developer and the Board have
caused this Agreement to
representatives as of this
SIGNED, SEALED AND DELIVERED
IN TH~ PRESENCE OF:
District Secretary
be
executed
-7-
by their duly authorized
day of J~'i I , 1997.
DISTRICT:
NAPLES H~AG~ COMMUNI~f
Peter R. Comeau, Chairman
Peter R. Comeau, Vice President
Land Development Divi~ion
'JUN
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD:
BOARD OF COUNTY CC~MI,~ ~ IONER~
COLLIER COU~rY, FLORIDA
By:
Timothy L. Hancock, Chairman
Approved as to form
and Legal Sufficiency.
David C. Weigel
Collier County Attorney
Acknowledged and assented to:
FIP~T UNION NATIONAL BANK OF FLORIDA
as Trustee under the within-mentioned
Bond Resolution
.' "-
Its:
-8-
'JUN 2 ~. 19cj7
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE FOR RECORDING THE FI}IAL PLAT OF
FIDDLER'S CREEK PHASE lB, UNIT TWO
TO approve for recording the final plat of Fiddler's Creek Phase
lB, Unit Two.
CQN$IDERATION~:
The Board of County Commissioners on July 16, 1996 approved the
final plat of Fiddler's Creek Phase lB, with the stipulation that
the plat not be recorded until security was provided to ensure
completion of the required subdivision improvements. The
developer has decided to phase the recording the of the Unit lB
plats.
The fiscal impact to the County is
project cost is $4,126,428.80, (all of Phase lB)
the developer.
none. The
to be borne by
The security amount, equal to 100% of the cost to complete the
remaining improvements and 10% of the total ccst of the project, is
$280,000.00. The developer has provided a Letter of Credit 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: $76,780.84
Fees are based on a construction estimate of $4,126,428.80
and were paid in April 1996, and are reflected in the Executive
Summa~t of July 16, 1996.
'JUN
Executive Summary
Fiddler's Creek Phase lB, Unit Two
Page 2
MANAGEMENT IMPACT: None
RECO~ATION:
That the Board of County Commissioners approve the final plat of
"Fiddler's Creek Phase lB, Unit Two", with the following
stipulations:
1)
Accept the Letter of Credit as security to guarantee
completion of the Subdivision improvements.
2)
Authorize the recording of the final plat of "Fiddler's
Creek Phase lB, Unit Two".
3)
Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
4)
That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
5)
approved by the County Attorney's Office.
PREPARED BY:
Subject to the Construction & Maintenance Agreement being
John R. Houldsworth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Donald W. Arnold
D~>Ting S~es<~_ __
Vfncent A. Cautero, Administ:rator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JR]{: ew
Date
Date
Date
'JUN 1997
.RCO
15
j$ RA~SI H~u~OCK ROAD
SOUTH
LES
~ 5 4
RO
YAL
-11
~2
AGE~,I
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this ~ day of , 1997 between
951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida hereinafter referred to as "The Board".
REC~A.LS
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board ora certain plat ora subdivision to be known
"Fiddler's Creek Phase lB, Unit Two"
Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required impro~'ements.
NOW, THEREFORE, in :onsideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to, be constructed site improvements including water, sewer,
roadway, drainage, and street lighting with.in 36 months from the date of approval said
subdivision plat, said improvements hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof), in the amount of $280,000, which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimated cost to complete the required improvements at the date oftkis Agreement.
In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call .upon the subdivision performance security to insure satisfactory completion of
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
refusal to approve the improvements, therewith .specifying those conditi~
Developer must fulfill in order to obtain the Director's approval of the ir
~viting of hi~
tprovementaT -~
JUN 2 ,t 1997
However, in no event shall the Development Services Director refuse preliminary
approval of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still
in compliance with 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. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for the County.
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.
In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon
the subdivision performance security to secure satisfactory completion, repair and
maintenance of' the required improvements. The Board shall have the right to construct
and maintain, or cause to be constructed and maintained, pursuant to public advertisement
and receipt of 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 construction, the final 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 carry out all of the provisions of the Agreement.
All of the terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
,. UN g 4. 1997'
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed
by their duly authorized representative this ~ day of~, 1997.
Signed, Sealed and Delivered
in the pr~ence of:
ted or Typed Name)
~ted otTyped Name)
951 Land Holdings Joint Venture,
a Florida General Partnership
By: GulfBay 100, Ltd., a Florida Limited
Partnership
Gulf Bay~lO0 Inc., a F
By: AubreY J/Ferrao,]
not individually !
ration
President and
Attest:
Dwight E. Brock, Clerk
Board of County Commissioners
o f Collier County, Florida
Deputy Clerk
By:
Timothy L. Hancock, Chairman
Approved as to form and legal
sufficiency:
David C. Weigel
CoUier County Attorney
JUN II 4 1997
ORIGINAt_
~J E~T 52~cl
I'EL~7(: 42'1~? (1(~'K,ed
THE TOKAI BANK, LTD.
NEW YORK BRANCH
I~,O.
IRREVOCABLE STAND-BY LETTER OF
CREDIT No. CLG(92)0256
DATE OF ISSUE: June 18, 1997
PLACE OF EXPIRY: At issuer's counters
DATE OF EXPIRY: This credit shall be valid until June 17, 1998 and shall thereafter be
automatically renewed for successive one-year periods on the anniversary of its issue
unless at least sixty (60) days prior to any anniversary date, the issuer notifies the
Beneficiary, in writing by registered mail, that the issued elects not to so renew ~is credit.
APPLICANT: Tomen America Inc. on behalf of 951 Land Holdings Joint Venture
(hereinafter "Applicant"), of 4001 Tamlami Trail North, Suite 350, Naples, FL 34103.
BENEFICIARY: The Board of County Commissionen, Collier County, Florida
(hereinafter "Beneficiary"), c/o Office of the County Attorney, Collier County Courthouse
Complex, Naples, Florida.
AMOUNT: $280,000.00 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WIT~: Issuer
BY: payment against documents herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT
SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S
STATEMENT THAT: 951 LAND HOLDINGS JOINT VENTURE has failed to construct
and/or maintain the improvements associated with that cerlnin plat ora suN:livision known
as Fiddler's Creek, lB. Unit Two, or a final inspection satisfactory to Collier County has
not been performed prior to lhe date of expiry, and satisfactory alternative performance
security has not been provided to an formally accepted by the Beneficiary.
Page I of 2
JUH 4 1997
,ORIGINAL
THE TOKAI BANK, LTD.
NEW YORK BRANCH
CONTINUATION OF CREDIT NO. CLG(92)0256
iR R E"VOCABL[
LF_TT IFf OF'
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
Drawn under Credit No. CLG(92)0256, dated June 18, 1997. The original Letter of Credit
and all amendments, if any, must be presented for proper endorsement. '
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such
undertaking shall not in any way be modified, amended, or amplified by reference to any
documents, instrument, or agreement ret'erred to herein or in which this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein be reference any
document, instrument or agreement.
Issuer hereby engage with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issued if presented within the validity of the
Credit.
This Credit is subject to the Uniform Customers and Practice for Documentary Credits
(1993 revision) International Chamber of tJommerce Publication No. 500.
The Tokai Bank, Limited
-Vi'eTo-r $ii~tri
Senior Vice President &
Assistant General Manager
Page 2 of 2
1997
EXECU~..IVE SUMMARY
'REC~{M]~EDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN
MAP. HII UNIT SEVENTEEN"
OBJZ(,.'~!v~ ..
To approve for recording the final plat of "Pelican Marsh Unit
Seventeen", a subdivision of lands located in Section 35, Township
49 South, Range 26 East, Collier County, Florida.
CONS ~])~TI ON ~
Engineering Review Section has completed the review of the final plat
of "Pelican Marsh Unit Seventeen". This document is in compliance
with the County Land Development Code and Florida State Statute No.
177. Ail fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Sectibn recommends that the final plat of 'Pelican
Marsh Unit Seventeen" be approved for recording.
FXSCA% I~%~:
The fiscal impact to the County is none.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
g~O~[ MA~NA~EME~ IM]~ACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
RECOM~,]~ATION,
That the Board of County Commissioners approve the Final Plat of
"Pelican Marsh Unit Seventeen" with the following stipulations:
1. Authorize the recording of the Final Plat of "Peli
Unit Seventeen."
.JUN Z 4
Execut ire Summary
Pelican Marsh Unit Seventeen
Page 2
P~,]PARED B'.:.
John R. Houldsworth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
T~"~nVa8-E. Kuck, P.E.-
.,,iJ~ing Review Manager
Donald W. Arnold
Planning Services Director
Vincent A. Cautero, Administrator
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
JPdq: ew
Community Dev. and Environmental Svcs. DIVISION
Date
Dat~
Date
,4 L~ CO
R ~5 E
PLANNED
UNIT
DEVELOPMEN
IN WEST
NORTH
NAimL6S"
U
EXECUTIVE SUMMARY
R~COM]~ENDATION TO APPROVE FOR RECORDIN(~ THE FINAL PLAT OF "PELICAN
ST%~%/~D REPLAT - lA"
To approve for recording the final plat of "Pelican Strand Replat
- lA", a subdivision of lands located in Sections 18 & 19 ,
To~ship 48 South, Range 26 East, Collier County, Florida.
~_Q15S IDERATION.
Engineering Review Section has completed the review of the
cortstruction drawings, specifications, and final plat of "Pelican
Strand Replat - iA". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177.
Ali. fees have been paid. It is the intent of the developer to
record the plat prior to construction of the improvement~l. The
security in the amount of 110% of the total cost of the required
i~,rovements is being covered by construction and maintenance
a9reement and an Irrevocable Letter of Credit. This would be in
conformance with the County Land Development Code - Division
3.2.9. A resolution authorizing the acceptance of these
re-platted lands is attached. This would be in conformance with
Florida State Statute No. 177.101(2).
Engineering Review Section recommends that the final plat of
"Pelican Strand Replat - iA" be approved for recording and that a
copy of the replatting resolution be forwarded to the Clerk of
Courts.
The fiscal impact to the County is none.
The project cost is $1,203,407.25 (estimated) to
borne by the developer.
The cost breakdown is as follows:
a) Water
b) Sewer
c) Drainage
d) Paving, Grading
- $122,833.00
- $285,846.00
- $493,609.00
- $301,119.25
The Security amount, equal to 110% of the
project cost, is $1,323,747.98
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Sez
Revenue generated by this project
Total: $22,661.51
: 'JUN 4 1997
Executive Summary
Pelican Marsh Replat iA
Page 2
Fees are based on a construction estimate of
$1,203,407.25 and were paid in January & May,
1997.
The breakdown is as follows:
a) Plat Review Fee
- $2,567.00
b)
c)
Construction Drawing Review Fee
Water and Sewer (.50% const, est.)
Drainage, Paving, and
Grading (.50% const, est.)
Construction Inspection Fee
Water and Sewer (1.5% const, est.)
Drainage, Paving, and
Grading (1.0% const, est.)
- $2,043.40
- $3,973.64
- $6,130.19
$7,947.28
GRQ)~I'H MANAGEMENT IMPACT:
None, this project is within the limits of the original limits of
the regency Village Development of Regional Impact.
p~E~Q~ATION,
That the Board of County Commissioners approve the Final Plat of
"Pelican Strand Replat - lA" with the following stipulations:
1. Accept the Irrevocable letter of Credit as security to
guarantee completion of the subdivision improvements.
Authorize the recording of the Final Plat of "Pelican Strand
Replat - iA."
Authorize the Chairman to execute the attached construction
and maintenance agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
Authorize the Clerk of the Circuit Court to make proper
notation of this action upon the previous plat.
',JUN Z 199
Executive Summary
Pelican Strand Replat - iA
Page 3
6. That the plat not be recorded until the original Letter of
Credit is reviewed and approved by Engineering review and the
County Attorney's Office.
PREP~D BY:
JoVan R. Houldsworth, Senior Engineer
Engineering Review
RA~IEWED BY:
Thomas~.-Kuck, P.E. ' '
Engineering Review Manager
Donald W. Arnold
P~an~ing Services Director
~inc~nt A. Cautero, Administrator
Co~unity Development & Environmental Services
Co~nunity Dev. and Environmental Svcs. DIVISION
Date
Date
Date
Date
UUN 2
PLANNED
UNIT
R 26 E
; T
DEVELOPMLN
Z(
,TH NA
12
LES
lO
15
11
4
-¢
~7
0
28
~AN
,S
2,'
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREE1V[ENT FOR SUBDIVISION
13VIPROVEMZNTS
TI~S CONSTRUCTION AND MAIbU'ENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS entered into tiffs day of 19 ~ between
Pelican Strand Ltd., a Florida Limited Partner.ship hereinafter referred to as "Developer," and the
Bogd of County Commissioners of Collier County, Ylorida, hereinafter referred to as the "Board".
A. Developer has, simultaneously with the delivery of this Agreement, apptied for the approval by the Board
ora certain plat ora subdivision to be known as Pelican Strand Replat-lA.
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate
guarantees for the construction of the improvements requi~d by said subdivision regulations, said guarantees to be
incorporated in a bonded agreement for the constmctioo of the requh'ed improvements.
NOW TH]~REFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth.
Develol:)er and the Board do hereby covenant and agree as follows:
Developer will cau..~e to be constructed the Required Improvements within 12 months from the
date of approval said subdivision plat, said infraslamcrure (water, sewer, drainage and roadway)
improvements hereinafter referred to as the Required Improvements.
Developer herewith tenders it~ subdi~%ion performance security (attached hereto as Exl:fibit
"A" and by reference made a part of hereof) in the amount of $1,323,747.98 which represents
10% of the total contract cost of completed construction plus 100% of the estimated costa to
complete the Required Improvements at the date oft]ds Agreement.
In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier Count)', may
call upon the subdivision performance security to insure ~atisfactory completion of'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 furaished
to be reviewed and approved by the Development Services Director for compliance with the
Collier County Land Developmemt Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either:, a) noti.5.,.' the Developer in writing of his preliminary approval of
1997
the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Director's approval of the improvements. However in no event shall the
Development Services Director refuse preliminary approval of the improvements if they are in
fact constructed and subrnitled for approval in accordance v, ith the requirements oft.his
Agreement.
The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director io inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to still be 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 sub<livision performance security.
The Developer's responsibility for rnaintellance of the required improve~nents shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may r~quest the Development Services Dir~or to reduce the doLlar
amount of the subdivision performance security on the basis of work complete, Each request
for a reduction in the dollar ~rnotmt of the subdivision performance security shall be
accompanied by a statement of substa~ti~ completion by the Developer's engineer together
with the project records necessazy for review by the Development Services Dkector.
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.
In the event the Developer shall fall or neglect to fulfill its obligations under th~s Agreement,
upon certification of such failure, the County Administrator may call upon the subdi,~ision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Boazd shall have the right to construct ~nd m~tain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and accep~ce of
bids, the improvements required herein. The Developer, as principal under the subclivision
performance secuhty, shall be liable to pay and to indemnify the Boa.rd, 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 ds.~ages, either direct or
consequential, which the Board may susta~ on account of the failure of the Developer to
fulfill all of the provisions of this ^~eement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
]1',1 WITNESS WHEREOF, the Board and the Developer have ca.ed this Agreement to be executed by their
duly authorized representatives ti'ds __ day of ,19 ~
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witness
(P~nt name)
!
Witness
(Print name)
Pelican Strand Ltd., a Florida Limited
Partnership
By: Pelican Strand Development
Corporati~~
By:. / '~
Robe, fi'Paul Hardy,
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COIYNTY, FLOR.IDA
Approved as to form and legal sufficiency
Timothy J. Hancock, Chairman
Assistant County Attorney
UUN ,~ 4 1997
330i Tamiami Ttail. E.
· Pelicai~ Bay Fmancial.Ceh~.r. ·
· .:8.8'8.9 Pelican .Bay Boutivard.$ui~.101 Naples, FL 34208
!JUN 2 4 1997
EXECU'ITVE SUMMARY
REVIEW HEAR.I'NG FOR ALTERNATIVE WATER AND WASTEWATER
SYSTEM IMPACT FEE CALCULATION FOR CHANCELLOR PARK
Q][~,~ECTIVE: In accordance with Ordinance No. 90-86, as amended, and
Ordinance No. 90-87, as amended, to have the Board of County Commissioners
as the governing body of Collier County, Florida, and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, conduct an
alternate impact fee review hearing for the CareMatrix Corp. Chancellor Park
assisted care living facility.
CONSIDERATIONS:
CareMatrix Corporation is proposing to construct an assisted care living
facility to be called Chancellor Park. This facility will be located within the
Southwest Professional Health Park on Immokalee Road, southeast of the
North Collier Hospital. On May 5, 1997, CareMatrix Corporation requested
an Alternative Water and Wastewater System Impact Fee calculation and
review hearing. The calculation proposed an alternative water and
wastewatcr system impact fee based on a study of similar institutional
facilities.
The proposed facility is to consist of 148 units (156 beds) with a mixture of
assisted living units and independent living units. The facility will also
contain a central kitchen and two dining rooms. The units will range from
380 sq. ft. to 895 sq. fl.
The Collier County Water-Sewer District currently requires a water impact fee
of $900 and a wastewater impact fee of $1,340 for an Equivalent Dwelling
Unit (EDU). According to Ordinance 90-86 and 90-87, an EDU means a
building or a portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are
arranged designed or used as living quarters for one or more persons.
As v, xinen, Ordinances 9046 and 90-87 require each unit in an assisted care
living facility to be assessed a water impact fee of $900 per unit and a
wastewater impact fee of $1,340 per unit. The total fee under this approach
would be $331,520.
I~:~ltcr'm~tivc ~ml~ct fecs\cxccunvc surnnu~ - alt imp fec.do~
Executive Summa,ry
CareMatrix Alternative Impact Fees
Page 2
Wilson, Miller, Barton & Peek, Inc., representing CareMatrix, has researched
the demand characteristics of assisted living facilities. The research included
four facilities connected to the Collier County Water-Sewer District system.
The research supports a per unit usage below the Collier County Water-Sewer
average single family home usage of 350 GPD.
CareMatrix Corporation has several facilities throughout Florida and has
provided data reflecting that the usage of assisted living facilities range fi.om
I00 gallons/bed/day to 115 gallons/bed/day. Based on this data, CareMatrix is
requesting a pro rated impact fee based on 100 gallons/bed/day versus the
CCWSD average single family home usage of 350 GPD. This would result in
a per bed fee 29% of the standard per EDU impact fee. The Cam. Matrix
proposed fee would be $257.14 for water and $382.86 for wastewater. The
total fee under this approach would be $99,840.
Staff has reviewed the proposed alternative water system and wastewater
system impact fee calculation. Staffhas review~ historical usage patterns of
similar facilities, as well as the standards contained in Florida Administrative
Code l 0D-6 which provides standard flow characteristics for various
institutional users including nursing/congregate living facilities. Based on
these reviews and the study submitted by CareMatrix, and Wilson, Miller,
Barton, and Peek, Inc., staff has concluded that an average pcr day usage of
115 gallons/bed/day is a reasonable level of expected usage by adult
congregate/nursing home facilities.
CareMatrix requested that 100-110 gallons/bed/day be the basis for the
alternative impact fee. Staff's position is that 115 gallons/bed/day would be a
reasonable basis for an alternative impact fee for the Chancellor Park facility.
This is consistent with Florida Administrative Code l 0D-6 standards as well
as being consistent with anticipated peak usage based on similar facilities
connected to the CCWSD. This approach would result in a per bed fee 33%
of the standard per EDU impact fee. If the Board were to consider granting aa
alternative fee then staff would recommend basing the fee on a usage level of
no less than 115 gal/bed/day which results in a per bed fee of $295.71 for
water and $382.86 for wastewater. The total fee under this approach would be
$I 14,816.
g:~ltcrnaovc impact fccs~xccu~vc summary - alt imp fec.ck~¢
/
Executive Summary
CarcMatrix Alternative Impact Fees
Page 3
o
If the Board conaiders granting the alternative fee then staff would
recommend that a two year full occupancy monitoring period be established
wherein actual consumption for the Chancellor Park facility will be reviewed.
If actual per month usage during the monitoring period is found to exceed the
per bed basis established for the alternative fee calculation, then the County
will have the fight to recalculate the fee and assess the owner/developer for the
difference.
10.
According to the Engineer of Record, this project will have a separate
irrigation meter for irrigation purposes. The irrigation meter impact fee will
be based on meter size in accordance with Ordinance 90-86 as amended.
FISCAL IMPACT: Ordinance No. 90-86, as amended, provides for a water
impact fee of $900 per EDU. Ordinance No. 90-87, as amended, provides for a
wastewater impact fee of $1,340 per EDU generating $331,520.00. If the Board
accepts the proposed alternative approach and staff's recommended minimum pe'r
bed usage level of 115 per bed, the water impact fee would be $295.71 per bed,
and the wastewater impact fee would be $440.29 per bed, $I 14,816.00 would be
generated.
The alternative impact fees represent a reduced revenue stream for water and
wastewater improvements. Since the reduced fee also represents a reasonable
estimate of the per unit impacts of Chancellor Park, the reduced revenue is offset
by reduced need for added water and wastewater capacity.
GROWTH MANAGEMENT IMPACT: Water System and Wastewater Impact
Fees are the designated source of funding to support growth driven expansion of
the County's Water and Wastewater Systems, respectively.
The basis for the water and wastewater impact fees is a planned level of capital
expansion designed to maintain the County's level of service standards. The
capacity reserved for each EDU drives the service standard and thus the need for
facility expansion. Accordingly, there are no growth impacts as long as reduced
revenue is off-set by reduced capital expansion needs.
'o,m'tmint, i:m'-o~eration'~lter'r~nve tml~ct fee'~execuOve ~. ,t/! imp fee.doc
Executive Summary
CamMatrix Alternative Impact Fees
Page 4
RE~OMMENDATIO~q: The Public Works Administrator recommends that the
Board of County Commissioners as the governing body of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District consider the proposed alternative impact fee calculation for
Chancellor Park and, if the Board grants an alternative water and wastewater
impact fee, rtaffwould recommend basing the fee on a usage level of no less than
115 gal/bed/day. The total fee under this approach would be $114,816.
Additionally, slaffrecommends the implementation of a two year monitoring
period under the conditions described in consideration paragraph 9 above.
cin~ly M..,~{rb, Pubic W;rk~ Senior Engineeh~gfTec~mician -
~"'Ed~'ard N~. Finn, Public Works Operations Director '
APPROVED BY: ~ ~,.,,u.x.~....Aq~,.~,
Ed llsckner, p.E,, Public Works Admirfistrator
6111197
Chancellor Park/Caml~atrlx
Alternative Utility Impact Fee Analyall
Deecrtptlon
Water Sewer
Impact Fee Impact Fee
Fee per EDU (current) $
900.00 $ 1,340.00
Chmncellor Park
No. Units 148
No. Beds 156
Impact Fee Ordinance (EDU Basla)
Per EDU demand (gpd) 350
% of EDU 100%
Por Unit Fee $ 900.00
Per Bed Fee n/a
Total Fee $ 133,200.00
148
156
350
100%
1,340.00
n/a
198,320.00
Total
Fee
331,520.00
Care Matrix Proposed Alternative Based on 100 gal/bed/day
Per unit demand (gpd) 100 100
% of EDU 29% 29%
Per Unit Fee n/a n/a
Per Bed Fee $ 257.14 S 382.86
Total Fee $ 40,114.29 $ 59,725.71
$ 99,840.00
Based on Staff'l Minimum r~commsndsd Uaage of 115 gal/bed/day
Per bed demand (gpd) 115 115
% of EDU 33% 33%
Per Unit Fee n/a n/a
Per Bed Fee $ 295.71 $ 440.29
Tolal Fee $ 46,131.43 S 68,684.57
$114,816.00
ChancellorPkSS.xlsSheet 1
6. 1997 8: S4Am
CAREMAT~ I ×
~o. 37;' p. 2xD
March 31, 1~97'
Mr. F. xi Finn
Pnblic Works Division
Colll~ County
33.01 E. Tamiami Trail
Naples, FL 34112-4961
lb,: Napl~ A.rai~ed Liviug Facility
De~r Mr. Finn:
A, you know, CareMatrix Corporation plans to build a facility on Lu:unokaI~ Road
n~tr the hospital in Naples. The purpose of this letter is to share our experience with
water and sewer impact fee calculation from other locatio~.
A common problem which we encounter is thai many local governmenu and utilities do
uot kuow quite how to classify our buildings from a water and sewer standpoint because
their are not hotels or nursing homes and do not use nearly as much water as a normal
residential dwelling unit. Our use is rcslden£ial in nature, but shares some commercial
or institutional building characteristics.
Our building on Irnmokalee Road will consist of 148 units with a mixture of asslcted
livfl~g units and independent living units. The assisted living units range in ~ize from
380 sq. ft. for studios to through 89.5 sq. fl. for two-bedroom units. The independent
living units range in size from 400 sq. ft. to '755 sq. ft. Thc building has a central
kitchen and two dining rooms (See attached floor plan.)
Nearly all of our units (140 out of 148) are one bedroom and all have one bathroom.
The assisted living units have a kitchene{te consisting of a small sink, a microwave, argl
· rmall refrigerator. I~ependent living units have a more normal kitchen. In both
came:;, however, our experience has been that mo~t resident~ preter to ta~ most of their
meal~ in the central dining room, and iu fact the rent for the assisted uni~ includes
three meals a day in the central dining room.
We are developing our facilities throughout Florida (as well as in other states) so we
have accumulat~ some experience with water/sewer use rates. In Martin County, for
example, the County ended up accepting a rate of 105 gallons/bed/day, Palm Beach
Couucy used 14,000 gallons per day for the entire project, which works out to 94,5
. '.,., '.is.-. t
M~y 5, 1997
Mr. ~ F~xnandez
Counl'~ Max~er
Collier Co.u~ Man~'s Office
Administmfio~ Bldg No. 2
3301 East Tluniami Trail
Nat)l~s, Flofi~ 34112
Sub. j~x:t: Chancellor Park aI Sotnhwcst Profcssior~l Health Park
Ahernate Impact F~ Calculations
D~r Mr, Fcma.,xicz:
TI~ subjcct projcct is ~n ~ssistcd li~ f~ili~ ~ ~ i~ ~ S~w~ Pro~.si~ ~ P~ ~
~,~1~ ~ ~ of~ No~ Col~ H~pi~. ~ proj~ ~i ~i~ of 148 ~ (156 ~),
ml~ ~ s~ ~ 380 mfm 895 sr.
~ proj~ ~ ~ mb~ rec~y m ~llier C~ for ~ ~ · ~r si~ ~~ P~.
We ~ficipate appro~ for ~ sim ~m~ by ~ ~ of May. ~ ~fi~ ~ ~1~ a~li~ for
buil~g ~m~ on FH~y, May 2, ~ ~tici~ approv~ of~ buil~ ~t by J~ 15, 1997.
Collier Co~ ~velopm~t Se~ ~ cl~sifi~ ~s proj~ ~ a ~i~ u~. H~er, fl~ ~le
~tcr ~ ~' ~r ~ for ~s proj~ ~c I~s ~ ~ of a r~i~ d~ll~ ~t.
~:xcfo~, pu~u~t to Or~ No. 90-86 (~c Collicr Co~W ~ Wa~r S~ ~ F~
Or~) S~i~ 2.~J., pl~ ~i~r ~s a fo~ r~uc~ for ~ ~p~ f~ ~k~ ~
p~g us ~ ~ ~ a~lablc ~d of C~ C~ssionc~' ~. A~h~ ~ a 1~ ~ Mr.
~d F~ (Collicr C~W Public Wor~ Di~sion) ~ Mr. l~ Norquc~ (C~cM~ ~ecl~r of
~:~ proj~t) ~ch ~scus~ ~ ~a~ ~pa~ f~ ~culafio~.
Sii,cercly,
WILSON, MILLER, BARTON 8: PEEK, INC.
La,,ra Rcdondo Ryan, P.E.
Proj~ Manager
Jim Norqucst, CarcM~trix, w/cnclosurcs
David Wcigcl, Collier County Attorney, w/cnclosurcs
Edward Finn, Collier County Public Works, w/enclosures
L.__!
8: S~AM CAR£MAT;~ I X
! ·
HO. 3T~ P. 3/3
Mr. Ed Finn
March ] 1, ! 39?
Page Two
f~tllo~/un, it/day. Brevtrd County uses 105 gallon,/bed/day. Bonita Springs is in the
process of c~g~g ~e~ ra~ sch~ulc to create a new catego~- Institutional - which
w~ ~ve ~ usc rate of 115 g~lons~/day,
In the c.~se of Bonita Springs. we hired Wilson Miller Barton and Peek to research
average daily water and sewer flows for several existing Assisted Living Facilities in
the I2e/Collier County are,,. A copy of their report is attached. You will note ti'mt
these use rates ranged from 4"/.4 gallons/unit/day to g5,3 gallons/unit/day.
As I am sure you know, the Florida Adminis~ative Code (F,A.C.), Rule 10D-6, Table
1, eatablish~ rates for ail kinds of facilities. Table 1 establishes a rate of 100
gallor~Jbect/day, plus 5 gallons/meal/day, for Adult Congregate Living Facilities. This
is probably the basis for so many utilities' use of rates of 105 or 115 gallons/bed/day
for our facilities.
Based upon the above data, we would suggest that you establish a rate of 100 - 110
gal.Ions/bcd/day for our Immok. alee Road facility. This number would be conservative
tn Light of the other actual flows which Wilson Miller found in their survey, and would
be tn line with what other Florida utilities have used.
Ph:~e feel free to call me if you need further information.
Sincerely, ~
Project Ma.uager
JKN/apd
E~cl.
cc: Bernie Plante
bce: Laura Ryan, Wilson ,~.ill~r
~TRIX
MI'-M ORAND UM
DAT~: ~ 19, 1997
· IraJXCT: Bonito Sprk~ U',~lkie~ Aid to New Connm~on fee~
Thc q~prov~l by ~he Bonhz $prin~ U~ Bo~.rd mu~'t now be spprov~d by the r.~ C°unt7
Board of County Commissioners before k c~n be ~nplemented. The s~trprov~ by Lee County
take approxtrna~ly ~ weeks.
Th~ ANC fees for Cart2~trix must be paid at the ~ t~ project his b~n subrn~t for a Lee
Cc~nty Letter of Substa.,uitl C~mpllar~, It' th~ Board of County Comrniuior~rs Ets not
approved the reduced fees a~ this time, ~ original fees w,,]l have to be ptid, and a rcimd t'or the
dif~t~ucc bew/e~ thc old fees and the new fees will bc paid upon approval of Lee County.
Cart. Marc has paid one AHC fcc for both water and sewer, and these fe~s v~'ll be crc~fited in the
total amou~ to bc pa~d,
Should you have thy queslio~ regarding this information, please contact me.
Tract D-2 at Bonita ]Bay
Bonita Springs UtRities Impact Fee research
Ibe~ea.rch wu performed to determine the average daily waI~ Md sewer ilows fi~r tho proposed
14il trait facility localed wlth~ tract D-2 al Boait~ Bay, cort~i~Ln& of both L'xdependent end
u.~sted li~ units. From · lis~ of 10 competitorL 4 fiu:12ities with ~ claasi:flc·:ion~ to the
proposed facility ~tete selected to determi:xe ~ b~e potential average flow values for Lmpa~t
dct~ttminstion. The criteria used wu s~ze of the fsciJky, with reg~d to sss'Ls:~.d ~ well as
ia~:pendent living, end the mamber of s'tot4.es per fiscility. T2'alng the street ad;:Iress a Section,
To~vnship, ~nd lLmge were determined for each fscLlity. This in turn helped loc. ate the water anti
se~rer utility companies servicing each of the £ou~ facilities selected. Collier County U'tilitiea
pro¥ided us with the flow values for each fia:ility during 1995.
Facility number one Is the ,Aristocrat of N&plcs loc&ted a.: 10949 l~m--nn Street ~pproximately
miles from Bonita Bry. This fiz:ility e. on~is-Ls of35 aasis'tcd llvLug uaaiL~ a. ad &0 ~ldlled
units. During 1995, this fia:ility used 2,996,000 gallona, rraki,ng the average ciaddy flow
g~.llo~ per unit pea' day. i:scility two is Renaissance Health Care located ~ 900 Imperi~ CoLt'
Course Drive ~proximately :lu'ee miles fi'om Bonita Bay, comslstlng o~'3~5 usisted living
~ ~0 skilled nursing IivLng unite. DurLng the year o£ ~99& the water u.sage was
gallons, reralting in a.n average d,ily flow of' 84.2 galJons per unit pet clay. The third fara.'Iity was
~iln~ House located at 101 Cypre:~ Way ~Eut Lu N'aples approxL, na. tely six robes froc~ Bonita
S~y. There gte 74 L~Si~ed living u~ts at ellis ~:flity with a total w~ter usage for 1995
~,28,4,000 gallon.% resulting i~ a.n average dali)' flow of 47.4 gallons per unit per defy, The final
facility selected was C~terburv House_at the Vinva~Is located at 707 V'meygrds Boulevard,
Naples approximately nine roi.lea from Bonita Bay. This facLlity cor~ixts o£&~ uniLs, ~I1 ofwhich
~e assisted living. The w~ter usage re,salted in 57.3 gallons per unit per day during the year of'
1995, making the total usage 1,354,000 gadlor~.
Wl~en estimating the water usage ofthe new I48 unit facility, a sage estimgte for zvgrage daily
flow b~ed on FAC l 0D..~ Standea'ds for On.s'ite Treatment and Disposal Systems for in.sl:itution~l
adult congregate'living with flu'ce meals a day is 115 gallons per unit per day. This vadue is lea'get
than the v~lues for fll of'the actual average d~ly flow fi.om the rese~ched facilitles, making this a
sa.t'e tstiar.~te when determining the projected water usage values for the new facility. The
following spreadsheets show the amount or'water usage per month during 199~ for each facility.
mmmmmmmmmmmmm mm · m
~d:~iSTOC'I:I. AT OF NAPL, EB WATER AND 8EVVER U,~AGE DATA - 19e~
3~ UNII':.S AL + a0 SKILLED NURSING
Collie County
,, ~At. LONs
COMBINED ......
Januar~ 297~000 P~'J'ABLE & IRRIGATION WATER USAGE VAI UES
Fel~'ua~_~. 2.1 .~r000 TOTAL 1 3~6 DAYS-" al SS GALLONS PER DAY
_~ayl 220~0(x3 TOTAL / 96 UNITS= 312Da GALLONS PER UNiT PER
2~0~0cX3 - a5.3 GALLONS PER UNIT P~.R D-'~-~'
June 233,000
J_uly .. 21 orooo . ,
August 271,000
septmm~m 223,000
October 24~,000
~Novmrnl~ir 327,000
,Oecem~;r 2e3,000
L TOTAL 2,91~.000
RENAIS.~i;~NCE HEALTH CARE WATER AND SEWER USAGE DATA-
36 UNIT[~AL + aO SKILLED NURSING
CoIlier Cnunt7
GALLONS
POTABLE IRRIG. ' '
January 172,000 1
~=et~ruar,/ -~ ~2,o~o as,Goo [.
March lS4,0~0 73~0~0 I,,, "- '
April ~a,000 1~7~000
Ma~ _ 283,000 232~000 .-,
J,u,ne 298,000 258,000 -
JUl), 254,000 92~000
August 264,000 317,000 -
October $O~s000 298,000 ....
:__NO_veto be r 298,000 185~000
December ,133,000 138,000
POTABLE. WATER USAGE VALUES
TOTAl./366 DAYS= $079 G,KLLONS PER DAY i '
TOTA~ ~ ~S UN~TS- 30~OZ G^Lt. ONS PE~ UNiT P~R ~
I - .,~.2 GALLONS P~R UNiT PE, DAY [
I
Page I
Tr~c~
t! Bon~ti Bray
!¢ANT~R.,BURy HOU~,E AT THE VINYARDS A R AND SEW~.R USAGE. DATA. 1996
eS UNITS AL. & A[~. .... _
GALLONS ·
COMi~iNEDI ....
J';nul~' 74~0~ POT~ & IRRIGATION W~R USAGE V~E~
Fa~ar7. s0~0 TOT~ / 3~6 DAY~ 3727 ~LLONS PER DAY
A~! 10~000 TOT~ / 85 UNITS-
M.~ 1 ~ ! ~o - 57.3 GABON6 PER UNIT P~ DAy
Ju~ 147,~0 -
A~ 125.000 ...... '
Se~em~ 121 .~0
O~o~r 124.000
November 137~000
~ber 125,000
TOTAL 1 ~3~4~00~ ....
~UMMER HOUSE WA~E ~D SEWER U~GE DATA -
74 UN~S AL
Collier Count), -
GALLONS
COMBINED
Janua~' g0,O~ POTTLE & IRRIGATION WAT~ U~GE V~UES
Febma~ 111 ,oo0 TOTAL / 366 DAYS- 35Oa G~ONS PER DAY
~.rch 3e~ooo J j -
Apdl 114,~0 TOTAL / 74 UNIT~= 17351 GA~ONS PER UNIT PER
May ag,000 = 47.4 G~LO~ PER UNIT PER DAY
June 119~000 -'
July 112,~0
Se~embn 105,0~ '" -
O~o~r 105,000
Page 2
~XZCUTIV~ SUMMASY
REPORT TO TIlE BOARD OF COUNTY COMMISSIONERS ON TIlE SOLID WASTE STANDARD
CONTAINER PILOT PROGRAM AND REQUEST FOR DIRECTION REGARDING TI~ SOLID
WASTE COLLECTION FRANCHISE AGREEM2ENTS.
I
I
~ To report to the Board of CounD' Commi~ioncrs on the solid b'aXtC standard container
pilot program and rc~iucsl for direction regarding the solid wa.gte collection franckise agreements.
CON$1~DERATION: On Match 25, 1997 staff ~ubmitted an executive gummao' (item 8BI) regarding
the w-axle collection franchise agreements. At that time staff was direcled to reporl back lo the Board
concermng a standard container pilot program being conducted by Waxte Management, Inc. (WM1). The
pilol prograsn involved the i.ttue of standardized container carts to r~,veral neighborhoods The
containers are sen'iced b2,.' a collection truck fined with a mechanical arm designed to pick up and erupt)
the standard containers. The containers were delivered to the neighborhoods in mid March.
A surve?' was nu~iled to 1242 households that participated in the pilot program. The response to the
s'ur~'o.' was excellent A total of 652 household~ (53%) filled out the sm'vO' sheets and returned th.:m in
the serf addressed s't:~rnped envelopes included with the survey.
Tbro different sun'es sheets were used in the survey. One set of surve'y questions was prepared for
households that chose to participale in the pilo~ prograrn Another se~ of surve)' questions was prepared
for hottseholdz that chose not to pamcipate in tbe pilo~ program.
4'/2 homscholds that participated in the program responded to the ~.u',,'ey. 90*/, of those households
approved the program i.f it could be offered at no extra cost. Only 12% of households would approve the
program if there were some addition&l cost. 89% found the carl eazy to use a,nd 86% thought tha! the
carls helped to keep the neighborhood nearer on collection days. The size of the 90 gallon container ~
m the pilot progr-asrt was satisfactory to :50% of those returning the su~'~'. 19.1% preferred a 65 gallon
size end 18.6% b'Ould Opt for a 35 gallon size The sum'e)' also asked for a color preference from
respondents. A total of 68 sup,'~..'s included a color preference. The color green was the clem' winner
bith 38 of the 68 responses.
180 responses b'ere received from households thai chose not to participate in the pilot program. '/3% of
those rcspondents said the)' would have parucipated ff a more suitable size of container would have been
pro~'ided. When ~ked if the,.' would consider participating in this t31~e of service in the future '/0% said
the)' would consider it. Only 40% agreed that the container helped the appearance of the neighborhood on
collection day. 65% said the)' b'Ould approve cart ~rvice if there bas no additional cost. Only 3% were
willing to pay an additional amount for can ~ervice. Green vas the color winner again with 13 of 19
prefemng that color.
ff both tory% groups are combined, a total of 483 of the 652 household& or '/4%, re~:~onded th,at the).
would approve of the cart ~n'ice it' there bas no additional cost. Overall the program was well received.
The pilot program generated very feb' negative phone calls.
The Board's direction to maffat their March 25.1997 meeting bas tO:
i) Bring the franchise issue back for discussion on June 24, 199'/.
2) Keep residential and commercial components together in the bid process.
3~
Receive the results of the pilot program to determine whether to include such sen'ice in the hid
- -',5,;. .' '"
$~ff also seeks direction oo lwo issues. Fh',st, the list full audit of the franchisees was conducted in 1993,
r~pordng on 1992 activity Sub~xluent to that audit the Clerk of Coun~ has been conducting limited
audiL~ tO verify accurate payments of fTa~ChiSe feel. Fun~ were budgeted ~ dae curr~nt fis¢~ )'ear for a
full audit in anticipation of the franchise collection service evaltation process. Staff seeks direction
regarding the matler of the audit.
· %cond, Thc Revenue Service~ ~cnt has recommended that all multi-family unitts in tl~: Count)'
be addeA to thc Manaatory program. These approximately 65,000 units are currency served under the
franchises aa commercial accounts billed ~' the francMsees. A potential co~t $avings for these ~mits has
been identified m a trar~ifion from commercial billing to annual a.tse,t~ments on a per unit basis. The
addition of these units to the current roll of 54,000 +/-mandatoD' traits would of course impacl the .w. ope
of services in the bid~:Ling pnxz. ss. Background information from the Revenue Services Department is
provided here aa attachment one. Staff r~uer,~; direction aa to wh~,.her the Board wishes to cormider
incorporating tiffs change into the bid gpecifications.
FISCAL IM~PA{~TF: Estimated cosl of franckisee audits is $70.000. Line item 473-173413-632300.
GROWTH MANAGEMENT IMPfiCT; N/A
RECOMMENDATION: That the Board of Counb' Commissione~ give staff' direction regarding
the standard container pilot program and the solid waxte collection franchise agreements.
PREPARED aY: ~ e/~ -/~ -/ ~/'
REVIEWEDB _ . _ . .
Date
DWR:dr
ATTACHMENT NO. 1
COLLIER COUNTY, FLORIDA
SOLID WASTE MANDATORY PROGRAM OVERVIEW
MARCH 25, 1997
The solid waste mandatory program in Collier County began with the adoption of
Ordinance 90-30 and the award of two hauler (franchisee) contracts for the
unincorporated area of the County.
Ordinance 90-30 has had four (4) minor modifications since inception and one
major modification. The major modification provided for residential customers
billed by the County (single family up to and including four-plexes) to be billed as
a non-ad valorem special assessment on the annual tax bill.
Growth patterns as well as collection and disposal practices have changed,
considerably, over time. In the past few years, staff has ident;'fied several
concepts built into the initial ordinance that are no longer valid considering the
dynamics of growth.
The attached report discusses on a summary level certain concepts that are
subject to review and possible change if the Board provides direction to staff to
retool the mandatory ordinance. They are:
· Eliminate the commercial residential billing category. All residential units
would be billed on the tax roll.
· Consider billing of guest houses.
,, Consider a tiered rate structure based on generation rates.
BACKGROUND
There are two classes of residential collection and disposal under the existing
ordinance and hauler contracts..They are franchise residential and comrr,.~rcial
residential. Basically, the distinction between the two classes is the number of
residential units in a building.
Four (4) units and down are classified as franchise residential. Collection and
disposal cc3ts are collected by the County. The County pays the hauler for
collection costs and disposal is a pass-through (no charge at the landfill).
Five (5) units and up in a building are classir'~ as commercial residential.
Collection and disposal costs are collected by the hauler. The hauler pays the
County monthly based on scalehouse tonnage for commercial residential
disposal costs.
Theoretically, four units per structure and down to single family residents should
receive curbside service, Five units and up should receive dumpster service.
However, the subdivision regulations do not require or enforce this distinction.
Hundreds of property associations have come into existence in the past few
years. They contract with the hauler for the commercial residential classification
service. The properties managed by the associations include a mixture of both
classes (franchise residential and commercial residential).
There are approximately 55,000 residential units in the franchise residential
classification, There are approximately 60 to 65,000 units in the commercial
residential classification.
Growth patterns and solid waste service dynamics have evolved over time. The
solid waste mandatory ordinance and franchise contracts have remained static.
Some of the more significant issues concerning billing, guest houses, and pass-
through disposal are discussed in the next few pages.
JAY:pc
-2-
Present Ordinance Billing Structure
B_iliinq Pararneter~ (as defined in the ordinance)
County bills all 4-plexes and below regardless of type of service (curbside
pick-up vs dumpster).
Franchisee bills all 5-plexes and above regardless of type of service (see
above).
Inherit ~roblem.~ with current bi!!inc~ structure
Current system is no longer suitable for contemporary subdivision development
and property management associations.
· 4-plex * Duplex 'Tri-plex 6-plex 9-plex
County bills County bills County bills Franchisee Franchisee
Bills Bills
Dum $ er Service
Franchisee bills associations (which includes duplexes, tri-plexes and 4-plexes)
for dumpster service, however County bills the structures marked with asterisks.
Customer often are charged twice and the association must credit those units
thai fall within the County billing structure.
Curbs. ldo Service
County bills asterisked properties at current rate ($107.30/yr.) and each property
receives two (2) trash pick-ups, 1 recycling pick-up and 1 yard waste pick-up on
a weekly basis.
-3-
Franchisee bills the remaining propedies at $8.94/month ($107.30/yr.) and each
property receives two (2) trash pick-ups weekly. Franchisee also bills $.92/week
($11.04/yr.) for recycling and the property does not receive yard waste pick-ups.
t
RESEARCHING WHO TO BILL
UNDER CURRENT SYSTEM
Staff must determine how many units are in each building, what type of service
(curbside or dumpster) and if the Franchisee or County is going to bill thE; unit.
To research the above situation the following must be done:
a) Site development plans must be reviewed;
b) Visits to the property must be made; and
c) Staff must determine who is the head of the association or who
property manager.
the
The above steps are very time consuming.
In 1996 the BCC approved the purchase of a software system (The Mainline
Corporation) that is capable of billing units by using the Property Appraiser's
classifications of building structures. The system is easy to use and capable of
making what used to be mostly manual, all electronic. However, under the
current ordinance this software system cannot function to its complete abilities.
Staff is constantly adding or deleting properties in order to follow the ordinance.
Staff cannot determine from the software system what is the correct billing
scenario. They must actually visit the site.
This software can be utilized to its full ability if the county bills all units on the
non-ad valorem podion of the tax bill.
Staff performs the above research in order not to bill a customer twice (once by
franchisee and once by county) and to insure all units are bilJed. Staff completed
9000 changes to the roll this year in order to comply with the ordinance and to
ensure customers were billed correctly. This could be eliminated with a change
in the ordinance.
Guest Houses:
Under the current ordinance guest houses are exempt from solid waste
assessments. In 1996 after the new billing system for solid waste was installed,
staff inspected many properties with guest houses. During conversation with the
occupants of these units, staff found most were occupied all year round.
Staff feels these units should be assessed for solid waste service because they
are generating waste and not assessed for either collection or disposal.
However, the waste is still going into the landfill.
-4-
PASS THROUGH DISPOSAL AT THE LANDFILLS
PROBLEM: In many areas, the waste of franchise residential customers is
picked up with commercial residential service trucks.
HOW: Happens when franchise residential customers are serviced by a
dumpster (not curt)side) and are in the area of commercial residential dumpster
service.
WHY: The hauler felt it was more economical to use one truck to service, the
area, than to send two trucks.
VVhen a truck comes to the scale the franchise residential waste is scaled into
the commercial waste category and the hauler is billed for it at the end of each
month. The hauler still fells it is more economical to pay the disposal cost on,
what would normally be a pass-through under the category franchise residential,
than to send two trucks to the same area.
OTHER SIDE OF THE STORY
PROBLEM: The waste of commercial residential customers is picked up with
franchise residential trucks.
HOW: When a commercial residential customer is receiving curbside service
and is in the area of curbside franchise residential customers.
WHY: Same as above.
When a truck comes to the scale the commercial residential waste is scaled in
the franchise residential category and is a pass-through. The money for this
category comes from the mandatory garbage assessment. However, because
the customer is considered commercial and billed by the franchisee, no payment
is received for this waste by the County.
In a nutshell, some commercial residential waste is collected and disposed of in
the franchise residential category and is a pass-through; and some franchise
residential waste is collected and disposed of in the commercial waste category
and is billed to the franchisee. Staff estimates the cost of this process to the
County and bills the hauler for this estimated cost.
The question is how many units are there on both sides? The hauler has been
supplying this number on a monthly basis. Recently, County staff began
researching who the hauler is billing and what services they are billing. Staff has
identified numerous discrepancies.
-5-
The hauler feels it is losing money on this process. County staff feels the County
is losing money. There is no definitive method to calculate how often and where
this occurs.
This problem can be solved in one of two ways:
1) Enforce the use of two trucks, one for franchise residential and one for
commercial residential, or
2) The County bills all units and all residential disposal is a pass-through.
-6-
COMMERCIAL RESIDENTIAL DISPOSAL RATES
When the current ordinance and contracts were adopted by the Board of County
Commissioners, the disposal rates for commercial residential dumpster service
were calculated with 100% of the waste stream being hauled to the landfill.
Since that time multi-family recycling has been implemented. Approximately
30% of the waste stream is now recycled. The disposal rates have never been
adjusted to reflect the waste stream reduction.
Staff visited Lee County, who recent;y re-bid their contracts, and obtained a copy
of their waste stream study. The study was prepared by Malcolm Pimie. Waste
collection for single family homes to 4-plexes equaled 1.02 tons/unit/year. For
structures above a 4-plex and trailers the generation rate equals
.8/tons/uniVyear. Staff is recommending Collier County utilize the study from Lee
County or seek their own study to establish a realistic and equitable rate
structure.
Attached is an analysis of the potential savings
residential customers. Fifty-three (53) samples
associations were used in developing the data base.
to five (5) units and up
of existing multi-family
The analysis compares the existing rates to a rate based on the generation rate
identified in the Malcolm Pirnie study for Lee County.
Although the Malcolm Pirnie study identified only a generation rate for disposal it
follows that both cost of collection and disposal are less for structures that are 5-
plexes and up. The comparison assumes a 78% reduction in both collection and
disposal rates.
Savings to customers would be greater if the rates were also reduced for a
horticultural factor.
-7-
0 0 CD C:D 0 0 0 0 0 0 0 0 0 0 0 010 0 U') 0 ~"~ CD 0 CD 0 ~0
..J _
Z
EXECUTIVE SUMMARY
APPROVAL OF FUNDING OPTIONS FOR
CONCEPTUAL DESIGNISTREETSCAPE PLAN
ADOPTED MARCO ISLAND MASTER PLAN.
PREPARATION OF ITIE
COMPONENT OF THE
~ Obtain Board approval of funding options to support the cost (S150,000)
of preparing the Conceptual Design/Streetscape Plan for the Marco Island community.
CONSIDERATIONS; On November 12, 1996 [under Agenda Item No. 12 (A) I], the
Board adopted the Marco Island Master Plan with minor amendments, and directed malt'
to finalize recommendations in the future on funding options for preparation of the
Conceptual Design/Streetscape Plan (hereinafter "Conceptual Plan"). The estimated cost
for OCPM Staff to prepare the Conceptual Plan, as previously reported to the Board, is
$150,000 but is not presently budgeted. In consideration that Objective V.3 of the Marco
Island Master Plan states that "24 miles of roads identified on the Marco Island Facility
Map will be modified to correct existing deficiencies .... ", staff recommends that the
Board obligate the County to accept a proportional cost responsibility of the total
$150,000 Conceptual Plan expenditure. The listing below summarizes elements of the
Conceptual Plan along with recommended areas of cost responsibility by Collier County
for public facilities.
(;oncep!ual Plan Element,
Recommended
Cost Resr, onsibilitv
1. Storm drainage system
2. Median placement and width
3. Median landscaping
4. Pedestrian crossings
5. Right and left turn lanes
6. Street trees and street landscaping
7. Sanitary Sewer and reclaimed water lines
8. Street lighting (architectural)
9. Streetscape furnishings, etc.
10. Signals and intersections
Collier County
Collier County
Marco Island
Collier County
Collier County
Marco Island
'"Collier County
Marco Island
Marco Island
Collier County
* See Fiscal Impact Section
There will be a much higher dedicated cost of preparing the Conceptual Plan for
transportation, drainage and utility elements than for the landscape and streetscape
elements simply due to differing manpower requirements. Staff recommends that the
Board approve a proportionate fair share cost responsibility of 65% by Collier Count5' (or
$97,500) and 35% (or $52,500) by the Marco Island community.
/
Executive Summary
Page 2
FISCAL IMPACT; The Board is requested to consider/approve the following fmading
sources to support the estimated $150,000 project cost.
Road Construction District 1, Fund 102: $97,500
MSTD General Fund 111: $52,500
....... or alternatively the Board may direct that
Marco Island's fair cost responsibility of $52,500, or the
to~2.1 amount of $150,000, be secured through the creation
of a new/special MSTU.
It is noted that since the Conceptual Plan involves and is limited to a preliminary
assessment of private and/or public utilities within/along transportation corridors fi.om a
roa,'tway design and construction perspective, no support funding is being requested from
the utility owners such as the Collier County Water-Sewer District. B.r, da ~re mtly
GB~.OWTH MANAGEMENT IMPACT: The Marco Island Ma$ter Plan is a separate
element of the Growth Management Plan, and includes a separate Marco Island Future
Land Use Map and a Future Traffic Circulation Map.
RECOMMENDATION: That the Board of County Commissioners approve use of
Road Construction District 1 Fund 102 for Collier County's cost obligation of $97,500
for the Marco Island Conceptual Plan, and direct staff to use either MSTD General Fund
111 for the remaining cost of $52,500 or to process creation of a new/special MSTU for
der/ving the necessary rev~.~ ~pprov~ the necessary budget ~ts.
· Vl,qffi~ir A. Ry~:iw, PIE., P/I~_P~ j g
O ffi ,c~¢,,o f Capital J?[~a~gement
REVIEWED BY' ~/ -~~/'"~ ~')'~ ~ Date:
i7']}~ ' Adolfo A. Gg/.nzalez, P.E.,,3Dir~e~or /
Ed I1 schner, ~Admir~i strator
Public Works Division
pi~ffe'{ xs urn$ rrc¢ t'rt~reorrmst c'rpl
EXECUTIVE SUMMARY
APPROVE A CONSTRUCTION CHANGE ORDER WITH BETTER ROADS,
INC. FOR STORM SEW'ER REMEDIAL WORK FOR THE RATTLESNA.K~
tlAMMOCK ROAD FOUR LANING PROJECT, BID NO. 95.. 2441
~: Board approval of change order authority lo expedite corrective act:ions to
known and potential storm sewer pipe failures.
CONSIDERATIONS: Recent inspections of on-going construction activities for s'torm
sewer pipe systems have revealed some pipe failures. Staffand the project consul~nt are
presently concluding an assessment of: (1) the extent of failuces which require pipe
replacement and/or repair; (2) probable reasons for failures and repairs; (3) probabl,.-
multi-party cost responsibilities; (4) the construction means and methods employed; (5)
the original design engineering and material specifications; and (6) final costs of
necessary remedial work.
There are approximately 15-18 cross drain locations under evaluation, approximating a
maximum pipe replacement and/or repair length of 1,350 lineal feet, with pipe sizes
varying between 15 inch and 30 inch equivalent round pip{:. At the junction of County
Bean Road, approximately 90 feet of 54 inch equivalent rotmd pipe will need to be
replaced. Probable construction cost estimates for pipe repair/replacement work vary
between the range ors185,000 to $285,000.
Time is of the essence in undertaking several critical/known pipe replacements in view of
public safety and schedule impacts.
I~{SCAL IMPACT: Board approval of storm sewer remedial work shall result in change
order No. 6 for the project. The maximum anticipated expenditure of $285,000 is
available from Fund 313(gasoline tax),! 63673, project 65021(Rattlesnake Hammock
Road) and Fund 338 (Road impact fee District 6), 163650, project 65021 (Rattlesna.ke
Hammock Road Four Laning).
GROWTH MANAGEMENT IMPACT: This CIE Project No. 017 is consistent with
the Collier County Growth Management Plan.
I~ECQMMENDATION: That the Board of County Commissioners: (1) Approve
construction change order No. 6 in the maximum expenditure amount of $285,000 for
Rattlesnake Hammock Road storm sewer remedial work; (2)Authorize and direct the
OCPM director to prepare and execute change order No. 6 v;ith Better Roads, In .;~' ....., --,.,.-, --
Executive Summary
Page 2
June 17, 1997
(3) Direct staffto conclude its technical and cost responsibility assessments and to
present a follow-up report ofthe findings and recommen&,tion to the Board; and, (4)
Authorize staff to issue a Work Directive Order(s) to Ben(:r Roads, Inc. for critical storm
sewer remedial work in the ~t .l~ablic _s_s_s_s_s_s_s_s_s~fety or cost nelotiatiorus so warrant.
Vladimir A. Ryziw, P.E., PMP, Proj'-'~-cltff~ager H Date/
Office o ~,~apital P,roi .,~. ts Management
Adolfo A. 60 zatez, P.E., Director' Date
Office of Capi/~P~,, s Management
Ed ~lsc~m e~', ~ dm~ni strat or Date:
Public Works Division
David F. Bobanick, Interim Director, Transportation Services
Richard J. Hellriegel, P.E., Sr. Proj. Mngr., OCPM
ExsumkRatllesnakePipes.doc
Date Submioxl 6/1 g/97
Requested Agenda ~ 6/24/97
Agcnda Rcm #
item Title: Rtqucst Board approval ofa D~:vcloper Contribution A~t with CorraTm'cial Devcloprncnt Company fo~ a l-,xl donation for a
~gment of thc futm~ eagt-west segment of Livingxton Road in North Naple~ (ADD-ON)
~ of DocumentJ Attached:
!. Exccutivc ,';urmrary (required)
3. Sketch of Subject Land Donation
5.
2. Location Map
4. Proposed Developer Contn'bution Agrt~ment
JUN 2 1 97
EXECUTIVE SUMMARY
REQUEST BOARD APPROVAL OF A DEVELOPER CONTRIBUI'ION AGREEMENT WITH
COMMERCIAL DEVELOPMENT COMPANY FOR A LAND DONATION FOR A SEGMENT OF THE
FUTURE EAST-WEST SEGMENT OF LIVINGSTON ROAD IN NORTH NAPLES
OBJECTIVE: To gain Board approval of a Developer Contribution Agreement between Commercial
Development Company and Collier County for a parcel of land for roadway right-of-way for the future east-
west segment of Livingston Road lying immediately east of CR g87 (Old 41 Road) and immediately north of
Landmark Estates Subdivision.
CONSIDERATIONS: Commercial Development Company (the "Developer") is the owner of about 42 acres
located as shown on the attached location map (Attachment No. I). The Developer is presently in the process of
obtaining approvals for the development of this land into an industrial park. The site has been zoned and a
Preliminary Subdivision Plat has been received by the County for review.
The Livingston Road project in North Naples will include a roadway beginning at US 41 (SR 45) and running
easterly to the vicinity of 1-75. The Developer has indicated a willingness to donate a strip of land along his
southern boundary (Attachment No. 2) in exchange for road impact fee credits. Ordinance 92-22, as amended,
the Collier County Road Impact Fee Ordinance, provides for such road impact fee credits as a way of
perm itting the County to assemble necessary right-of-way parcels without the necessity of paying immediate
funds "out-of-pocket".
FISCAL IMPACT; The attached Agreement (Attachment No. 3) provides for a road impact fee credit in the
mnount of $717,970.00 (about $4.16 per SF for 172,498 SF). In the proposed Agreement, Item 10 addresses the
I)eveloper's ability to assign all or part of the road impact fee credit either to other projects of the Developer
within the same Road Impact Fee District or to another developer within the same district. This provision is
somewhat different from the standard agreement provision the County has incorporated into other Developer
Contribution Agreements. Recently, the County Attorney's Office has requested that the standard agreement
provision constrain the Developer to assign credits only to other projects under his direct control.
GROW"TH MANAGEMENT IMPACT: The Livingston Road project is shown as pan of the County's long-
range arterial roadway network. Approval of this proposed Agreement would be consistent with the Goals.
Objectives and Policies of the Growth Management Plan.
F'ECOMMENDATIONS,,,.,.-....-..-.., .-..-: That the Board approve the attached~veloper Contribution Agreement; authorize
the Chairman to sign the Agreement ~.~hal~' of~B~thorize Staff to process the appropriate
I~'REPARED BY: - ~/U~~,.~- . ~ DATE: ~4
REVII"WED BY: ~~.~~~-~'~'~~ DATE: ~/t~.
~*'/~'~~ ' DATE'
D~vid F. Bobanick, Interim Transportatiol1' Services Director
REVIEWED BY:
Ed Ilschncr, Public Works Administmator
DATE:
At~cachments: No.1 - Location Map
No.2 - Sketch of Subject Land Donation
No.3 - Proposed Developer Contribution Agreement
0
/Jo. ~
)J~. Z
//
/
DEVELOPER CONTRIBUTION AGREEMENT
THIS DEVELOPER CONTRIZB~ON AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into th. is ~ day of , 1997 by and between COLLIER
COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") whose
mailing address is Administration Building, 3301 Tamiami Trail East, Naples, Florida 34112, and
COMMERCIAL DEVELOPMENT COMPANY, its successors and assigns (hereinafter referred to as
"Developer") whose mailing address 5150 North Tamiami Trail, Suite 301, Naples, Florida 34104.
RECITALS:
WHEREAS, Developer is the sole record title holder of the real property (the "Property") located
in the unincorporated area of Collier County, Florida, presently zoned for industrial uses, said Property
being de:scribed in Exhibit "A" which is attached hereto and made a part hereof; and
WHEREAS, Developer represents that no obligation or undertaking hereunder is barred or
prohibited by any contractual agreement with any other person or entity; and
WHEREAS, County is desirous of making improvements and expansions to Livingston Road right-
of-way along the Property's southern boundary, for which the County has requested that additional right-
of-way be dedicated by the Developer, said dedication of a portion of the Property being more completely
described and depicted in Exhibit "B" which is attached hereto and made a part hereof (hereinafter
referred to as the "Contribution"); and
W~ '-IEREAS, County Road Impact Fee Ordinance No. 92-22, as amended, requires that the value
of the Contribution shall be based upon an appraisal of market value of the Contribution; and
WHEREAS, the County and Developer have caused the market value of the Contribution to be
appraised; and
/Jo. 3
WHEREAS, Developer will be submitting petitions to the County for Subdivision Master Plan
and Pla! approval for the Property; and
WHEREAS, both pm-ties to this Agreement acknowledge that the Road Impact Fee Credits
established under this Agreement shall run with the Property, shall be assignable to any other property
or any other developer of a land development project in the Cot,nty's Road Impact Fee District One, and
shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until
all such Credit has been exhausted; and
WHEREAS, both parties to this Agreement acknowledge Road Impact Fee Credits shall be a
credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other
charges, fees or other impact fees for which Developer is responsible in connection with the development
of the Property; and
WHEREAS, such proposed plan is in conformity with contemplated improvements and additions
to the transportation network; and
WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans,
will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way
as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and
additions lo the transportation network; and
WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans,
will not create a detrimental imbalance between the arterial and collector roadways; and
WHEREAS, the proposed plan is consistent with the public interest; and
WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to
address any permit, condition, term or restriction shall not relieve either party, or their successors, of
2
the necessity of complying with any law, ordinance, rule or regulation governing said permitting
requirements, conditions, terms or restrictions; and
WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this
Agreement shall be binding upon and shall inure to the successors in interest to the parties to this
Agreement; and
WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be
construed as a development agreement under the Florida Local Government Development Agreement Act.
WlTNESSETH:
NOW, THEREFORE, for and in consideration of the premises and respective undertakings of the
parties hereinafter set forth and the sum of TEN DOLLARS ($I0.00), and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and
between the parties as follows:
The above recitals are true and correct and are herewith incorporated as a part of this
Agreement.
2.
The Developer has the right to convey the Contribution, and at closing there will be no
other person or entity who has any right in the aforesaid Contribution. The Developer knows of no
defects in title of the Contribution and has identified any lienholders having any lien or encumbrance
affecting the Contribution. The Developer will be authorized to convey title to the Contribution.
Developer agrees to convey the Contribution and County agrees that any right-of-way drainage shall be
placed within the Contribution.
3. The Developer has provided a title certificate reflecting the record title holder of the
Property and identified any lienholders having any lien or encumbrance affecting the Contribution.
.............. - .......... --'-- 1 ........... I I ........... I
¢. The Developer shall not encumber or convey any portion of the Contribution or any fights
therein, nor enter into any agreements granting any person or entity any rights with respect to the
Contribution or any part thereof, without first obtaining the written consent of the County to such
conveyance, encumbrance or agreement.
5. The Developer shall convey to the County via Warranty Deed and free of all liens and
encumbrances, the Contribution, more particularly described in Exhibit "B". Developer shall also
provide County with an attorney's oppinion. County shall be responsible for all recording costs.
This Agreement shall be effective on the date it is executed by said Developer and the
County.
7.
Upon recording of deed, the County hereby agrees to grant to Developer Road Impact Fee
Credits pursuant to Collier County Ordinance 92-22, as amended, for the fair market value of the
Contributi:on acreage described herein and in the amount set forth in Paragraph 8 hereof.
8. Upon recording of deed, the Developer shall be entitled to a Road Impact Fee Credit in
the amount of Seven Hundred Seventeen Thousand Nine Hundred Seventy and no/100 Dollars
($717,970.00); however, the obligation of Developer to perform under this Agreement is expressly
contingent upon and subject to the County's approval of a Subdivision Master Plan and Plat mutually
acceptable to the Developer and to the County for the Property. Failure of this contingency of County
approvals shall discharge and release Developer of any obligation or liability under this Agreement.
9. Upon recording of the deed, until the balance of the Road Impact Fee Credit has been
reduced to :~ero (0), or until seven years after the date of recording of the Conveyance instruxnent from
the Developer, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact
Fees which the Developer is required to pay for each building permit which is applied for on the
14. Developer shall be entitled to maintain one separat,.' construction access point at a location
determined by Developer and approved by the County along Livingston Road. Said access point shall
be closed upon the earlier of availability of an alternate access point or internal subdivision roadway, or
two (2) years from the date of recording of the Deed for the Contribution.
15. Developer acknowledges that the donations or contributions contemplated under the
agreement shall be construed and characterized as work done and property rights acquired by a highway
or road agency for the improvement of a road within the boundaries of a right-of-way.
16. County shall record this Agreement in the Public: Records of Collier County, Horida,
within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners.
17. Either party to this Agreement may file an action for injunctive relief in the: Cimuit Court
of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being
cumulative with any and all other remedies available to the parties for enforcement of the Agreement.
18. This Agreement may be amended or canceled only by the mutual consent of the parties to
the Agreement or by their successors in interest.
1.9. This written Agreement, including all exhibits attached hereto, shall constitute the entire
agreement and understanding of the parties, and there are no prior to contemporaneous written or oral
agreements, understandings, promises, warranties or covenants not contained herein.
2.0. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all such counterparts together shall constitute but one Agreement.
IN WITNESS WHEREOF, the County and the Developer have caused this Developer Contribution
Agreemt:nt to be signed on the day and year first written above.
SIGNED, SEALED AND DELIVERED
IN THt; PRESENCE OF:
~.o { -7. ~d/Se,~,-
Prin~l or Typed Name
Printed or Typed Name ./
Printed or Typed Name
President, Executive Deve].opment Corp.,
a general partner
Title
STATE OF FLORIDA
COUNTY OF COLLIER
(Affix Seal)
The foregoing Developer Contribution Agree!l~ent was acknowledged before me this ...0re 5/fi day
of ~Y~ t~ , 1997, by Pill~In ~,,'~//,=,, asa~ ~atr~c4'on b~l~;of~'dmmercml Development
Company. lfte~ is personally l~nown to
Signa~ri of Notary h[blic..
Printed Name of Notary Publ~
NOTARY PUBLIC
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approvexl as to form and
legal suflicienc~
....
tteidi F. Ashton
A~t County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Timothy L. Hancock
Chairmm~
7
EXECUTIVE SUMMARY
RECO/~¥1ENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE
PARKS CAPITAL PLANNING REPORT AND THE "CREATION OF NEIGHBORIIOOD PARKS"
POLICY, AND DIRECT STAFF TO DEVELOP A CONTRACT FOR A NEW UPDA'IED STUDY OF
THE PARKS' IMPACT FEES.
Objective: That the Board of County Commissioners approve thc Collier County Parks Capital Planning
Report and the "Creation of Neighborhood Parks" policy, and direct staff to develop a contract for a new
updated study of the parks' impact fees.
Considerltion: Regional parks will allow the county to meet its Growth Management Plan (GMP) and
help red~ce the park operation budget as supported by the Parks Capital Plan. The Parks Capital Plan proposes
the park development strategy for two 200 acre regional parks and the park development strategy for funding
oppormr, d6es, proposed locations, operational savings and revenue generation. These regional i~a.,'ks will offer a
mixture of both passive and active recreational opportunities by the ye~r 2020.
According to thc "Recreation and Open Space Element" of lhe Collier County Grow',.h Management
Plan, section IV of the Suppor! document, adopted October, 1997, neighborhood parks stuall be provided
primarily by "xhe private sector and the City of Naples with the County's focus on larger pa.rk types." "The
Creation of Neighborhood Parks" policy addresses a concept in which the local community will fund their own
neighborhood park. Such opportunities include private sector donations, civic association fund raisers and the
creation of a Municipal Service Taxing District with the Board of County Commissioners e~s the governing
board. Crea',ing such districts would allow the County to focus general funds towards the development of
regional parks. Included with the policy is a study of a proposed park site in Golden Gate showing the costs and
impact of a neighborhood park on the community. In addition the study illustrates the impact on a community
with an existing neighborhood park.
'l"ae Impact Fees For Parks and Recreational Facilities for Collier County, Florida 1~?1 U_txlate study
conducted] by Henderson, Young & Company addressed the need of impact fees to construct o~mmtmity parks
within the County's Comprehensive Plan. With the current growth management plan's focus of park
construction moving from community parks towards regional parks a new impact study is necessary to adjust
impact fee assessments. It is recommended that the County Commission direct staffto develop a contract for a
new updated study of the parks' impact fees.
Fiscal Impact: The impact fee study will cost an estimated $25,000.00. Funds are available in Impact
Fee Reserves Fund 345 (Regional Parks).
Growth Management: None
Recomm,:ndation: That the Board of County Commissioners approve the Collier CounW Parks Capital
Planning Report and the "Creation of Neighborhood Parks" policy, and direct staff to deve.ln~n a contract for
I Agend~
new upda'ted study of the parks' impact fees. I
#o
I
[ JUN Z
L_Pg·
~'ohr]~unnuck, Op~t~ons Coordinator
Department of Parks and Recreation
Approved by:
~a~la Rams~y;fDirecto/r/
Departmenl of' Parks and Recreation
Reviewed and
Approved by:
~-~__-c~. ~1 _
Thomas W. Olliff, Adr~i~strator
Division of Public Services
Date:
Date:
Date:
O- \o - cc-/
COLLIER COUNTY
PARKS CAPITAL PLANNING REPORT
Prepared Slay 14, 1997
By: Collier Count)' Parks and Recreation Depa~u.ent
3300 Santa Barbara Boulevard
Naples, Florida 34116
(941) 353-0404
and
Jeff Moore
Landscape .~'chitecture
2017 River Reach Drive
Naples, Florida 34104
(941) 643-3696
COLrNTY PARK HISTORY
In 1982 Collier County began its Parks Department in earnest with the passage of a
bond issue to develop five area community parks. Since that time, the County adopted
a Grow'th Management Plan (GMP) that included both Recreation and Open Space
and Capital Improvement Elements, and separate impact fees for Community and
Regional Parks. With these tools, the County has made great strides in providing
parks and recreational activities to keep pace with county gro~'th and public demand.
The park system whose new construction is fully funded by impact fees now includes
neighborhood parks such as Aaron Lutz Park in Golden Gate City, community parks
such as Frank Mackle Park on Marco Island and regional or beach parks such as
Barefoot Beach Preserve in the northern end of the County. Each of these types of
parks serves the community in different ways.
As indicated above the County park system has three different park categories to meet
the differing needs throughout the county. There are typically four different park
types which are defined as follows:
Neighborhood parM: A park generally less than five (5) acres in size, with a service
area of the residents in that immediate vicinity. A neighborhood park is within
walking or biking distance of the persons that it serves and usually includes playground
'ir~ment, basketball courts, benches and picnic tables.
Cornrour~i~ Parks; A park of approximately thirty (30) acres in size with a service area
that encompassing a three (3) mile radius and is considered a 'drive to" park. The
purpose of a community park is to provide organized recreational activities for the
community. The park may include basketball and tennis courts, softball, little league,
and baseball fields, football/soccer fields, playground equipment, picnic areas, roller
hockey rinks, and community centers.
District Park: A park of approximately 50 to 100 acres in size with a service area that
encompasses a 25 mile radius. This park type is generally active in nature designed
with multiple ball fields, multiple courts, and large picnic areas. This venue is designed
to be able to handle not only the day to day league activities of a community, but to
provide for both local and larger invitational type tournaments.
Regional park: A park of roughly 200 acres or more. A regional park is intended to
provide recreational services to an area of 25 miles. The primary purpose of a regional
park as originally contemplated within the GMP was to provide an opportunity for
passive recreation. A regional park would contain walking trails, open space, lakes or
streams, picnicking areas, environmental preserves, and possibly garden areas. A
beach park was also considered to be a regional park as it provided passive recreation,
and due to limited resource would naturally draw from all of the non-coastal areas of
the County.
J
,JUN Z e ' 997
SHORTFALLS OF THE EXISTING COUNTY PARK SYSTEM.
A park "system" is just that, it is a system of parks that are not only well dispersed
throughout a community but consists of different types of parks that meet the variety
of different recreational needs of a community. The current park facility inventory is
good in terms of its geographic coverage, but is limited to a very specific type of
recreation need and does not provide the variety of park types necessary to be called a
true system. The system is lacking in the following types of parks.
1. REGIONAL PAKKS/PAS$IVE RECREATION: According to the Collier
County Demographic and Economic Profile (published January 1996), 44% of the
County's population is over 45 years of age. The renalting demand for passive
recreation is both large, and largely unmet, as the current park inventory provides very
little in the way of passive recreation opportunities. What little green space is available
within the existing community parks is under a great deal of pressure to be paved into
new courts or developed into some other type of active amenity. An estimated 5% or
twelve (12) acres of the community park system that was remaining passive green space
is either in the process of or will within a year be converted to active recreation areas.
Pressure will continue to turn ever)' available square foot of park owned land into
'~oped and "usable" space.
Although the regional park originally conceived and required under the plan wax one
that would have matched the definition provided above, there has been no concerted
effort to actual purchase land or develop any such park. This lack of activity stems
from two causes; a GMP amendment, and an underestimated need for beach park and
parking improvements in the original plan.
A. GROWTH MANAGEMENT PLAN AMENDMENT: The GMP provides for a
level of service (LOS) standard of 2.9412 acres of regional park land per 1,000 persons
living in the County. Since adoption of the plan, that adopted LOS has created a need
for 624 acres of regional park land to meet the current population (657 acres in FY
1998). To avoid having a general fund obligation to purchase 486 acres which was the
"deficit" amount of acreage upon plan adoption and an ongoing obligation of
approximately 30 acres of new land annually, the County amended the plan by adding
all of the beach property and state park lands in the County to its regional park
inventory (see Attachment A) . This automatically infused the County's regional park
inventory with 1649 acres of land, immediately resulting in a surplus of 1572 acres in
regional park land, satisfying the level of service requirement for roughly 50 years.
Agendo. It~
No. ,~¢~-~ /
Parks and Recreation. Regional Park Acres
'PARK ACRES PARK ACRES PARK ACRES SURPLUS
FISCAL YEAR REQUIRED PLANNED AVAILABLE DEFICIENCY
IN CIP
89-90 486 438' 438 -48
90-91 515.8 1649'* 2087 1571.6
91-92 545.1 0 2087 1542.3
92-93 574.5 0 2087 1512.9
93-94 603.9 0 2087 1,$83.5
94-95 633.1 0 2087 1,1.54.3
95-96"* 563 120'"* 2207.3 1 (~,4.3
96-97 592.7 2207.3 1614.6
97-98 623.9 22.703 1583.4
98-99 656.8 2207.3 1550.5
99-00 691.4 2207.3 1515.9
00-01 718.9 2207.3 1488.4
2001-2002 738.6 22073 1,4.68.7
2002-2003 758.8 2207.3 1,4-48.5
z003-2004 779.6 2207.3 1427.7
2004-2005 800.9 2207.3 14 06.4
2005-2006 821.5 2207.3 1385.8
Beach Parks Added
State Parks Added
Population projection revision from University of Flodda - Bureau of Business
and Economic Research
Sugden Regional Park
While this plan satisfied requirements on paper, it did not provide the regional park
that the Sub-Committee for Recreation and Open Space, the Parks and Recreation
Advisory Board, the Citizen's Advisory Committee, the Planning Commission and
the County Commission had originally indicated was a desired amenity for this
community.
B. BEACH PARKING: The original GMP under estimated the demand, need and
cost for additional beach parking and beach park improvements. In fact, beach
parking spaces were not even included in types of facilities that should be considered in
developing the initial level of service standards. However because of the amendment
to the plan described above and the resulting removal of a requirement fo: a true
4 NO.~
JUN 2 ~ 1997
Pg.
region.] park, funds were made available to put toward beach park improvements.
The high cost of acquiring new beach front property demanded that attention be
focused on maximizing the existing properties that were already County owned. As a
result, over the last five years, the Count9, has added 314 beach parking spaces, (an
increase of 28 %), and spent $1,569,000 on beach park or parking construction. With
an annual regional park revenue stream of S500,000 to $700,000 annually there was
little revenue available even should a regional park have been considered.
2. TOURNAMENT FACILFITES AND ADDITIONAL FIELDS,
Collier Coun~,'s Parks Department currently either organizes or provides field and
court facilities for 43 different sporting leagues (see attachment B). With the exception
of tennis, Collier County's facilities do not allot- for any extensive tournament play,
wkich forces all local teams to go outside of the County for most any tournament or
post season play. This also prevents local parents and followers from being able to
attend and participate in these events without traveling out of town.
r %uth Soccer, fields are used on Saturdays from 8 am through 5 pm with games
schtduled on the hour on all of the 4 fields at the Vineyards. During that season, there
are approximately 109 teams between youth and adult leagues that are using County
fields. In order to accommodate the practices needed for these teams, every field in
every County park is scheduled between 3 pm and 9 pm every day, and teams are also
using the facilities at East Naples Middle School, Pine Ridge Middle School and Oak
Ridge Middle School. This same type of situation is encountered with adult softball,
little league, and women's tennis. The Department is regularly in the position of
receiving requests from groups of people interested in starting new leagues which
cannot be accommodated within the County's sTstem because fields or courts are just
not available.
.3. ,~.N UN-MET DEMAND FOR NEIGH'BORHOOD PAR.KS:
While the GMP and subsequent Commission decisions have supported a policy that
would not have the County building or maintaining new neighborhood parks, there is
clearly a public demand for this type of 'walk to" park. Requests have been received
in only the last two years from residents or neighborhoods in Golden Gate, Marco
Island, Naples Manor, Golden Gate Estates, East Naples, Vanderbilt Beach, North
Naples and Copeland for neighborhood parks.
Further, because the County is bisected by major arterial roadways, the community
parks are accessible to very few pedestrians or bicyclists. Veteran's, Golden Gate, and
Vineyards in particular are accessible to veu' small populations without driving.
JUN Z ,! 199/
............... Ilmll I ........ !
PROPOSED PARK DEVELOPMENT STRATEGY
1. REGIONAL PAR.K: The current park plan is driven by the GMP and as far as
maintaining a level of service for the population, the plan has worked. The impact fees
have allowed the County to provide new facilities for the population, but is the plan
providing the right facilities for Collier County today?
In order to be as efficient as possible with the funds available, a single park may be used
to meet the demand for not only the originally desired regional park, but for more
athletic fields and a tournament type facility as well. By combining these three
demands onto a single location, the County will be able to reduce the operating costs
associated with either a proliferation of community park~ or ~eparate district and
regional facilities. A report prepared by the Parks Department entitled Mission
(prepared 12/12/96, attachment C) indicates that 2 regional parks when compared to
the same number of community parks that would be required to meet the same LOS
would cost $1,000,000 less per year to operate.
In addition, a single park that would be designed to combine a large passive area along
r: !e tournament type athletic fields would allot' the public greater flexibility in being
..: ;o participate in any number of different D'pe activities at a one location. When
looking at possible property purchases, State grant funding is much more readily
available for the purchase of areas that would be used for passive recreation, and
preser-,'e or green space, significantly reducing the initial purchase price. In addition, a
property that is 40% - 50% undevelopable by normal construction standards due to
environmental constraints, would be expected to have a lower average price per acre
than other prime property that is $$% - 90% developable. Property that is considered
as undevelopable in the construction industry is often desired property for p.nsive
recreation opportunities.
Finally, in addition to meeting several recreational demands, larger multipurpose
regional parks can provide communities with additional tourism dollars and
opportunities. Communities with sports complexes generate an estimated revenue of
$25,,300 to $$0,000 per sports event in tourism dollars (see Attachment DI and D2 ).
2, N~EIGI-iBORHOOD PARKS.
The policy of not providing neighborhood parks, while reducing operating co,ts, is
not satisfying a large segment of the recreation customer. The current ~tem simply
denies the opportunity to have future neighborhood parks or causes the County to
acquiesce as in the case of the Naples Manor Tot Lot dedicated to the children who
were killed in the Oklahoma City Federal Building bombing.
Rather than continue with such a system, it is proposed that neighborhood parks
should be looked at as a higher level of sen'ice, or a park amenity that is beyond the
base level of service provided by the County. A standardized method for creating
Age~d~
JUN
neighborhood park MSTDs may be developed that would provide communities that
desired to have a tach a park with a simplified instruction packet, and County
assistance to enable the construction of such parks. The County would provide the
construction, the on going maintenance, and a standardized schedule of equipment
replacement. The benefiting neighborhood in return would pay through an MSTU for
the costs of these services in addition to their normal property tax. This has worked
well for the Golden Gate community that desired a specialized community center and
which since constructed has been successfully operated and fully supported by the
benefiting residents for 22 years.
As an example of this on a neighborhood park scale, a look at the proposed property
that is currently being considered for a neighborhood park in Golden Gate make~ for a
typical candidate. The property is five (5) acres in size and has a taxable value of
$77,9~. Using the definition of neighborhood parks the benefiting area is
approximately one and one half square miles with a taxable value of $ 79,617,988. The
estimated cost to construct the park is $463,~, with annual maintenance exlx~ of
$34,400. Assuming as with most MSTDs that the initial construction fmading is
t-orrowed, a term of no longer than the anticipated life of the equipment is mggested
. .wenty )'ears. Given current interest rates, the annual debt service, maintenance
costs and an annual reserve for future equipment replacements, the annual corn would
be $71,600. This would require a millage rate of approximately .9 of one rm~I1. A
proposed policy that reflects this method for allowing, and f~ci~ fmmre
neighborhood parks is shown see attachment
In addition to providing for an established funding mechanism for
parks, an ability to fund a multipurpose regional park would recraire rev/~m to
existing County park impact fee ordinances. The current ordinanc-e~ are m-ucruxed
that two thirds of the funding (approximately $1.6M annually) is received and
dedicated to community park construction and one third (approximately
annually) for regional parks. Most counties with park impact fees in HoNda have a
single park impact fee that allows the flexibility to meet the needs of the park system
wherever the County Commission determines them to be.
In order to revise the existing ordinances, an impact fee study would be required that
would develop a revised level of service and the factual basis that would allow the
County to adopt a single impact fee. An estimate of this study has been obtained and
would be expected to cost $25,000. According to the current ordinances, impact fees
can be used to pay for such a study. Any such plan or fee revision would be expected
to include some consideration of beach paring which was conspicuously absent from
the original plan.
In order to obtain property for a regional park in a location that would best serve the
public, waiting to accumulate the funds would not be recommended even under a .
7 JUN ~ q 1991
revised impact fee. Borrowing against future impact fees is an acceptable practice and is
what has been done historically and out of necessity to fund library expansions in the
face of exploding public demand.
A second option would be to fund the regional park through a bond issue similar to
the one adopted for the original community park construction. The County's budget
policy requires that the County not exceed a maximum ratio of total general
government debt service to bondable revenues from current sources of 13%. The
current ratio of debt service to bondable revenues from current sources 6.8%. The
current parks general obligation bond has $5,936,100 outstanding. The bond ~'as
recently refinanced and last year's debt service payments of :$918,485 have been
reduced to a budgeted figure of $867,400 in this fiscal year. Using a bond ~ would
require a public vote. Putting the issue to the voter is also a good way to gauge the
public interest and desire for such a park.
Lastly, grants should certainly be included in any thinking about a park project of this
rype and size. Preservation 2C;',a0 funds and Flo,,-ida Recreation Developmental
' -sistance Program (FRDAP) funds can be applied for the initial property purchase.
'i ere are very' few if any grant fun& available to assist with the construction portion
of any park such as this.
CONCLUSION AND RECOMMENDATION
The County has done well in meeting the recreational needs of this growing
community. However, it is suggested that to continue to apply funding and effort into
additional community parks, may be akin to building more and better buggy whips.
The County has cost data that proves that it is efficient, with the county's parks tax
dollars, having the lowest maintenance cost per acre of any County in the South
Florida area with a developed park systems. However, the current plan for building
new facilities may not be as effective as it could be. A continued proliferation of
community parks will not meet the complete recreation needs of the community, will
cost more than other options in the long run to maintain, does not address the
communities need for additional beach parking and does not provide the type of park
system originally desired by the citizens who developed the parks system development
plan.
It is recommended that the County Commission direct staff to develop a new citizen's
committee of interested residents, to begin to develop a revised and updated parks level
of sec'ice, contract for a neb' update study of the parks impact fees, develop location
options for a multipurpose regional park, and return with proposed plan amendments
and funding options for County Commission consideration.
J U N Z 4, 1997
Attachment A
SU~vI~L-kRY OF PARKS AND RECREATION REGIONAL PARKS INVENTORY
9/30/96
(~OLLIER COUNTY
ACRES
TigertaiI
Clam Pass
Vanderbilt
North Gutfshore
Barefoot Beach Preserve
Barefoot Beach Access
State Beach at Barefoot
951 Boat Ramp Parking
Caxambas
Bayview
South Marco Beach Access
Cocohatchee River Park
Lake Trafforc'
Collier-S~:..:.:'" - State Park
Delnor Wiggins State Park
Sugden Regional Park
TOTAL
31.6
35.0
5.0
.4
186.0
5.0
156.0
.5
4.2
4.2
1.0
6.2
3.2
1,483.0
166.0
120.0
2,207.3
1997
Attachment B
LEAGUES USING CObh'IY FACILITIES
Teams
Flag Football 26
Youth Basketball 16
Naples Youth Soccer- Fall 10
Naples Youth Soccer- Spring 10
Men's Fall Softball 42
lVlen's Church Softball 8
Marco Mini Marathon 25
Roy Hobbs Baseball 2
- aool Days 8
Co-ed Softball 29
Punt Pass Kick I 0
Rugby 2
GG Nat'l Lit'tlc League 48
GG American L. League 32
Gulf Coast Lictle League 18
Babe Ruth League Fall 8
AAU Baseball 6
Naples Roller Hockey 72
CC~3.TA League 20
Naples L League Fall 8
Immokalee Senior League 3
Adult Soccer League 12
Youth Soccer League I0
Volley Bail 8
Cheerleading 14
Optimist Soccer - Fall 72
Optimist Soccer - Spring 24
Collier Youth Football 8
Men's Spring Softball 42
Senior Games 7
Naples Baseball League 2
Broad Affair 2
35 & Over Softball 8
Gulf Coast Adult Soccer 16
Hoop Shoot I 0
Golf 2
GG Nat'l L. League Fall I0
GG American Fall LLeague 12
Babe Ruth League 24
Girls Softball 4
Sunset Optimist T Bail 16
Naples R. Hockey Fall League 72
Naples Little League 47
lmmokalee Little League 19
Pop Warner League 8
Men's Softball League 6
Youth Basketball League 4
10
Attachment C
MISSION 2020
The following is a cost comparison for m~,~r,:en~.nce associated with the community, parks
versus the regional park concept, lvlainte.~a~'~c-- figures are baaed on a 100 acre parcel.
Communiv:' Par'ks:
Five parks needed at 35 acres per park.
Based on acrua! historical data per commtt.,~i~' park:
Personal - l Crew Leader 21,272
3 Maintenance Worker II g! 17,501 52,503
Benefits = 73,775 x 46% 33.9::6 .
I07,711
· 'ating - lights, maintenance, supplies, e:c.
105.000
212,711
Capital 500,000
< communiD' parks x 212,'711 = S1,063,555 + $500,000 = 51,563,555
Regional Park:
P.~rsonal- I Crew Leader
7 .~laincenance \Vorker II ~ 17.50i
Bene'.5:s = 143,779 x 46%
21.2:2
122,507
66.138
209,917
Operating - lighm maintenance, supplies
200.000
409,917
Capital
I00,000
One regional park = $509,917
11
Attachment D I
~por!$ Event~ Reverue Generation
Coors Light Open Cup Soccer Tournament
2 day event (12 teams / 140 players) held July 1993 at Winged Deer Park, Johnson,
Tennessee generated total estimated revenue of $25,000.* (Rollover economic impact of
$43,500)
e
Lighting Soccer Tournament
2 day event (43 teams / 516 players) held August 1994 at Volunteer Park, Spalding
County, Georgia generated total estimated revenue of $63,000.* (RoIlover economic
impact of $108,990.)
3. e;.a.=ored Swim Meet
2 day event (300 swimmers) held 1989 at Winged Deer Park, Johnson City., Tennessee
generated estimated revenue of $80,000.* (Rollover economic impact of $138,400.)
4. Softball Tournament
3 day event (24 teams / 360 players) held 1996 at Mill Creek Regional Park, Statesboro-
Bulloch County, Georgia generated total estimated revenue of $43,627.* (Rollover
economic impact of $75,474.)
5. Softball Tournament
3 day event (21 teams / 314 players) held 1996 at Mill Creek regional Park, Statesboro-
Bulloch County, Georgia generated total estimated revenue of $39,494.* (Rollover
economic impact of $68,332.)
* Includes lodging, meals, gas, entertainment and registration fees
12
I~o.~
JUN 2 zt 1997
Pg.
Attachment D2
~~~7- -1 I III I III ......
Attachment E
COLLIER COUNTY PARKS AND RECREATION
POLICIES A.ND PROCEDURES MANUAL
EFFEC'HVE
DATE:
SUBJECT: CREATION OF NEIGHBORHOOD PARKS PAGE
CATEGORY: NUMBER:
POE, If"
Neil!hborhood Parks created after January 1, 1997, shall be provided primarily by "the private
sector and the Cit').' of Naples with the County's focus on larger park t)'pes," as written on page
six (6) in the "Recreation and Open Space Element" of the Collier ¢ounv,' Orowth Manaeement
Plan. Section IV of the Support document, adopted October, 1997.
Municipal Sen'ice Taxing Districts, civic association fundraising or private sector donations ma.,,'
be utilized to construct the neighborhood park. An ordinance creating a Municipal Service
Taxing District must be created to fully operate and maintain such park, with the Board of
County Commissioners as the governing Board.
Parties interested in building a neighborhood park must:
a) use the follovdng definition of a neighborhood park in order to propose location, size, and
service areas of the park:
The neighborhood park is less than 5 acres in size with a service area for the residents
in that immediate vicinity. The park is within wal'king or biking distance of the
homes and usually includes playground equipment, basketball courts, benches and
picnic taNes;
b) recommend boundaries of the Municipal Service Taxing District according to the local level
ofcommunit)' support for the park;
c) solicit support either by local homeowners' associations, or local civic associations by
receiving a majority aff'm'native vote of the organization;
d) present their proposal to the Parks and Recreation Advisory Board for recommendation;
e) present their proposal to Board of County Commissioners;
f) If successful, follow steps to create the respective Municipal Sen'ice Taxing District.
Park financing and construction would occur following the budgeting of funds.
14
COLLIER COUNTY
NEIGHBORHOOD PARK SUPPLEMENT
Puepared May 20, 195'7
By: Dcl~'-ent ofCoRier Cotmty Parks snd Rec~estlon
~ S~u~ Barbara Bo~
~i)~
COLLIER COUNTY PARKS AND RECREATION
POLICIES AND PROCEDURES MANUAL
EFFECTIVE
DATE:
SUBJECT: CREATION OF NEIGHBORHOOD PARKS PAGE
CATEGORY: NUMBER:
Neighborhood ' '-'3 created after January 1, 1997, shall be provided primarily by "the private sector and the
City ofNapi '.: '~,. 'a the County's focus on larger park types," as written on page six (6) in the "Recreation and
Open Space Element" of the Collier County Orowlh Moa~agement Pla~n, Section IV of the Support document,
adopted October, 1997.
Municipal Sen, ice Taxing Districts, civic association fundraising or private sector donations may be utilized to
construct the neighborhood park. An ordinance creating a Municipal Service Taxing District must be created to
fully operate and mainlain such park, with the Board of County Commissioners as the governing Board.
Parties interested in building a neighborhood park must:
a) use the following definition of a neighborhood park in order to propose location, size, and service areas of
the park:
The neighborhood park is less than 5 acres in size with a service area for the residents in that
immediate vicinity. The park is within walking or biking distance of the homes and usually includes
playground equipment, basketball courts, benches and picnic tables;
b) recommend boundaries of the Municipal Service Taxing District according to the local level of community
support for the park;
c) solicit support either by local homeowners' associations, or local civic associations by receiving a majority
affirmativ,~ vote of 1he organization;
d) present their proposal to the Parks and Recreation Advisory Board for recommendation;
e) present their proposal to Board of County Commissioners;
0 If successful, follow steps to create the respective Municipal Service Taxing District.
Park ~nancing and construction would occur following the budgeting of funds.
COLLIER COUNTY PARKS AND RECREATION
Municipal Service Taxing Districts lo Support Neighborhood Parks
1997
This supplement is a gui&linc for a parry interested in building and maintaining a neighborhood park in their
community utilizing local Municipal Service Tax District ad valorem tax dollars. Sections I - III define a neighborhood
park, offer figures for construction and maintenance costs, and the necessary procedures to achieve a park in thc party's
desired loc~tion.
For thc party's convenience, Section IV is a study comparing construction, operating expenses, and MSTU
millage rates to support two different neighborhood parks on a proposed 4.55 acre neighborhood park site, Tract 179, in
Golden Gate. Thc first park is an active park with similar features as Aaron Lutz Park. Thc second park is an example of
a passive park.
SECTION I. - NEIGHBORHOOD PARK DEFINITION
A par),' ..-' than five (5) acres in size with a service area for the residents in that immediate vicinity. A
neighborhood park is within walking or biking distance of the homes and usually includes playground equipment,
basketball courts, benches and picnic tables.
SECTION H. - BUILDING AND MAINTAINING A PARK
COST OF ~ONS .TRUCllON
Cost of constmcl ion is based on the size of the park and the recreational opportunities included in thc park. Land
alues ar~ usually detennined by the property values of the community surrounding it. Included below is a table of
verage costs for additional recreational opportunities in a neighborhood park. These figures were compiled from actual
purchases of these items over the last several years.
~asketball ~2ourt $ 30,000.00
add lights $ 20,000.00
P!ayground. 5; 50- 100,000.00
add lights $ 20,000.00
In'igation $ 6,000.00 / acre
~ $ 10,000.00 / acre
Site Lightin'g $ 2,500.00 / pole
I~.'sign Fees $ 5-30,000.00
Walking Path $ 7.00 / linear ft.
Pa~king Lo~ $ 1,000.00 / spot
Bnll Field ,.(iimilar to A. Lutz) $ 30,000.00
add lights $ 100,000.00
Btdl Field (similar to GGCP) $ 370,000.00
~ic LandsCaping $ 20,000.00
Tennis Courts $ 50,0'00.00
with lights
JUN 2 q 1997
OPERATIONAL COST,~
Operational costs are the fees needed to maintain the park on an annual basis. These costs are effected by the
size of the park and the recreational opportunities included within the park. Costs include park staff maintenance hours,
grounds mainlenance materials, electricity, water, an equipment replacement reserve, annual debt service, inflation,
interest and reserves.
Park staff maintenance hours are calculated according to the logged number of hours it takes staff to clean and
maintain the park times an average hourly salary of $10.00 / hour. Grounds maintenance materials include fertilizer,
weed killer, additional sod, fill etc. for the park.
The equipment replacement reserve is calculated according to its life expectancy. For example, a S50,000
playground will be replaced after ten years. Due to an average inflation rate of three percent (3%) annually, the same
playground will cost $ 67,200 in ten years. Therefore, $6,720 should be set aside each year for the replacement of the
playground. Lights and other fixed assets in the park are not considered in the equipment replacement reserve.
The annual debt service is the amount needed to pay back the borrowed money used to construct the park. For
example, the cost to construct an Aaron Lutz type park on a five acre parcel within Golden Gate City was $ 463,000
and the anticipated loan was twenty years at a five percent (5%) rate. The per year cost to pay back the loan is $37,200
annually. The County calculates reserves for contingencies, i.e. emergencies, at five percent of the operaling budget.
FUNDING
Initial construction costs for neighborhood parks may be funded by either private donations, civic association
fund raisers or Municipal Service Taxing Districts which may support borrowed financing. Any financing should be
limited to the ~nticipated life of the equipment or twenty years.
Operalional costs of the park would be funded by a neighborhood park MSTU. The County would provide the
construction, the ongoing maintenance and a standardized schedule of equipment replacement from this funding source.
SECTION III. - CREATING AND IMPLEMENTI2~G THE NEIGHBORHOOD PARK PLAN
PLANNrNO THE PARK- OUTLINE
I. Create a bast: level of community support.
2. Select the location of the park following the neighborhood park definition.
3. Select the intended use of the park: passive or active.
4. Determine the estimated construction costs and operating maintenance according to the above guidelines.
(Staffwill assist with questions.)
5. Create MSTU boundaries according to:
a. the accessibility of the community to the park per the neighborhood park definition;
b. the cost to construct and maintain the park;
c. the amount of taxable values in the community;
d. the estimated millage rate per resident;
~ApPROVAL 0F THE PARK PLAN
After the plan has been created, support must be recognized by either the local homeowner's association or local
civic associations through a majority affirmative vote of the organization. Minutes from the meeting must be submitted
to staff accordingly.
The proposal must then be presented before the Parks and Recreation Advisory Board which meets on the fourth
Wednesday at 2:00 PM monthly. Arrangements may be made two weeks in advance through the Parks and Recreation
Administrative office.
The proposal must then be presented to the Board of County Commissioners which meet on Tuesdays at 9:00
AM. Arrangements may be made two weeks in advance through the Parks and Recreation Administrative Office. Upon
approval, ,, Municipal Service Taxing District will be created. Park financing and construction will occur following the
budgeting of such funds.
r'""Agen dit Jtem
4 JUN t q
~_ Pg.
SECTION IV - PARK COMPARISON
O Aaron Lutz Type Park Passive Park
Land $100,000.00 $100,000.00
F,~_,;..' _,,,,,'z,~ _' ~.~:. ~."., ~7:.-' B ~'l;,~5'~fl-Cb u~_m .~ ~~,'~$T5-0~"0-0-~'~ ~ [~,~'~l~.":;'~.:: ....... N / A-
l~igation $ ] 8,000.00 (2 acres develo~d) $ 12,000.00
r ~.-.~ ~.. :.~ ~-~ ~- ~,~'~a~.~.~ ~'~ ~~~-~?'~7~O~'OT~ ~~d~9~d~~' "$ 20,000.00'
Site Lighting $ 25,000.00 $ 2,500.00
Play Equipment $100,000.00 $ 50,000.00
~alk Path ~ 20,000.00 ~ 10,000.00
TO i'AL S463,000.00 S 20~,500.00
Operational Cost * Based on Aaron Lu~ Park Figures
Maintenance Supplies: * $ 3,000.00 $ 3,000.00
· $ 4,200.00 $ 2,800.00
Water;
Resurfime Basketball $ 1,000.00 N/A
Cou~ (L.E.=I0 y~.):
Reserves: $ 1,600.00 $ 900.00
Loan at 20 Years(5%): $ 37,200.00 $16,400.00
TOTAL $ 71,600.00 $ 35,100.00
(Each color on map, sec enclosure, is an added area ofthc MSTU district. Exhibit E includes the entire map.)
, Village Typ~
Park'-.' .' ":. .... ,i
- Annual Bill.=.;
(Taxable values provided by the Office of Capital Projects, May 1997)_
1- -Agendp.lkem
5 [ JUn 2/ q 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS THAT STAFF HAS NO
ADDITIONAL INFORMATION OR RECOMMENDATIONS IN REGARDS TO THE BEACH
PARKING INTERLOCAL AGREEMENT ISSUE WITH THE CITY OF'NAPLES SINCE THE ITEM
WAS CONTINUED FROM THE MAY 20, 1997 BOARD OF COUNTY COMMISSIONER'S
MEETING.
Objective: -.~ convey to the Board of County Commissioners that staffhas been unable to gather additional
information o- .~ ommendations in regards to the beach parking interlocal agreement issue with the City of
Naples since the item was continued from the May 20, 1997 Board of County Commissioner's meeting.
Consideration: Staff requested to City staff that we be informed ofall beach parking issue workshops so
that a representative be present during the discussions; however, no contact has been made. In addition, staff
requested to be informed of all beach parking issue agenda items to be presented at upcoming City Council
meetings so that staff representatives may be present. No contact has been made.
Since no new information has been gathered, staff cannot make any recommendations at this time.
Fiscal Impact: None
~Growth Management:
None
Recommendation: To convey to the Board of County Commissioners that staff has been unable to gather
additional information or recommendations in regards to the beach parking interlocal agreement issue with the
City of Naples since the item was continued from the May 20, 1997 Board of County Commissioner's meeting.
Prepared by: (~.., ~./-/~.~z~ .~ Date:
J~hn Dum~uck, Operations Coordinator
Department of Parks and Recreation
Reviewed and
Approved by :~[~'~ /,~,~.~
mrna ~sey, ~rector
Dep~ment of P~ ~d ~reation
and
ApprovedReviewed by:-
Tho;n w.-Y6 ff,
Division of Public Service~'
Date:
RECOMMENDATION THAT THE BOARD OF COUNTY
CONSIDER ADOPTING THE ATTACHED RESOLUTION
COLLIER COUNTY AMBULANCE SERVICE USER FEES
COMMISSIONERS
UPDATING THE
OBJECTIVE!: To have the Board of County Commissioners review empirical data
concerning ambulance fees and charges and, if appropriate, adopt a resolution
updating ambulance service user fees.
CONSIDER~.TIONS: On September 13, 1994 the Board of County
Commissioners approved an ordinance and resolution to establish a new
ami: ;'~nce billing process. This process allowed staff to accept patient insurance
p "...= ~ts including Medicare/Medicaid assignments prior to direct billing the
patient for aay allowable unpaid balance due. The initial rate established in 1994
was a single charge of $250 for a transpod.
On June 25, 1996, the Board amended the 1994 ordinance and adopted a new
billing resolution. These changes were approved to optimize and maximize the
allowable revenues from Medicare and other sources. The rate approved by the
Board was $302 for an ambulance transpod.
Medicare increases its allowable amount every January based on charges billed
for an ambulance transport for the twelve month period ending the previous June
30.
Attached as Exhibit I is the fee screen (allowable fees) Medicare provided to
Collier County' for the twelve month period beginning January 1, 1997.
Attached as Exhibit 2 is a listing of the counties Medicare uses to develop Collier
County allowable rates.
Attached as Exhibit 3 is a schedule of definitions (charge categories) used by
Medicare to determine the allowable rates for Collier County.
Attached as Exhibit 4 is a Medicare provided worksheet used by Medicare to
determine the allowable rates for Collier County.
Attached as Exhibit 5 is a projection of revenues for Collier County based on four
different sets of assumptions. They are (assuming 14,500 billable runs):
· Continue the existing rate of $302
· $302 plus $5/mile (average 7 miles)
· Existing rate increased by 2.8% to $310
· $310 plus $5/mile (average 7 miles)
$3,202,600
$3,549,700
$3,284,700
$3,631,7OO
U ,H. JUH 2 il 1997
Medicare has pre-approved a mileage allowable rate for Collier County of $4.11
per mile. See Exhibits 1 and 4. At the present time, Collier County's rate
resolution does not provide a mileage charge. The attached rate resolution
includes a charge of $5.00 per mile for each ambulance transport.
Attached as Exhibit 6 (2 pages) is the results of a recent survey taken by
Escambia County. Every county respondent except Collier County has a mileage
charge and most have an oxygen charge.
'['he addition of a $5.00 per mile charge for each billable transport will generate a
net positive cash flow to the County of $337,000 over a twelve monti~ period.
FISCAL IMPACT: Board approval of the attached resolutionuouZd
ambulance fee revenue of $3,631,700 ~ oa ]4,5oo billable tra'm~x~ts. Ar 15,200
transports, ~ reflected h~ the FY 98 budget, tine a~bulance fee rewr~e generated ~,~uld be
$3,787,000. There is no additional operating cost to the Board to implement the new fees.
GROWTH I~IANAGEMENT IMPACT: NA
RECOMMENDATION: The Board review the facts and, if appropriate, adopt the
attached re~.;olution.
Jdh~, A. Yonk~sky~Director
Re"ve~ue Services Depadment
Reviewed by: ~._~.__.c.~.
Leo Ochs, Jr., Adm, in~strator
Support Services I~sion
Approved by:
Robert F. Fernandez
County Administrator
Date: 7
Date: (~ /l Y./'~'~
Date:
H
~ t~lN N .
?
E)~IBIT I
If
Z661, ~ ~ N rip
8 8~ 8
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0
C)
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c)
1-11
~ o~ D~~o
~ g ~g ~ oo o
m~O m ~
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EXI-IIB i'~ 3
JUN 2 ~ 1997
EX}{IBIT '~. (Page 1 of 2)
1997
EXHIBIT 6 (Page 2 of 2)
JU~ 2
1
2
3
4
5
6
7
8
9
I0
11
12
13
14
15
16
17
18
I?
20
21
22
23
24
25
26
27
28
31
32
34
37
RESOLUTION NO. 97 -
RESOLIJTION APPROVING USER FEES FOR COLLIER
COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER
COUNTY ORDINANCE NO. 96 - 36; ADOPTING BILLING AND
COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND
WAIVERS; AND APPROVING HARDSHIP CASES AND
PAYMENT PLANS
WHEREAS, Collier County Emergency Me¢ical Services (hereinafter sometimes
referred to as 'EMS') provides ambulance services to the residents and visitors of
Collier County; and
WHEREAS. the Collier County EMS operating budget is funded exclusively
through ad valorem taxes and user fees; and
WHEREAS. Collier County staff analysis of the cost for ambulance services
require:; an adjustment to the user fees to properly identify current costs of services to
the residents and visitors of Collier County; and
WHEREAS. Collier Counly Ordinance !]6 - 35 provides that Ihe user fees for
ambulance services may be established by Resolution of the Board of County
Commissioners (hereinafter sometimes referred to as 'the Board').
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMIVlISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: EMS USER FEES
USER F[~E
A. EMS AMBULANCE TRANSPORT BASE RATE
B. EMS AMBULANCE TRANSPORT PER MILE
C. SPECIAL EVENTS:
- TWO (2) MEDICS/ONE VEHICLE
- ONE (1) MEDICfl,~O VEHICLE
D. COPIES OF DOCUMENTS/PER PAGE
(EXCLUDING GOVERNMENTAL AGENCIES)
INTEREST ON PAST DUE ACCOUNTS
CHARGF..
310
5
(PER HOUR) $ 75
(PER HOUR) $ 40
$ 1
1%
.o. ,'~1) !
JUN 2 997
pg. (/0
I SECTION TWO: BILLING AND COLLECTION PROCEDURE
2 The following shall be the minimum guidelines for billing and collection
3 procedures for ambulance service fees and charges:
4 A. Initial fees and charges for ambulance service(s) shall be assessed eilher
5 prior to or following the service provision, as services dynamics reasonably permit.
6 Unpaid fees and charges, sub:.ecluent to time of service, shall b~ reflected in an
7 accounts receivable subsidiary ledger system to be maintained by the Revenue
8 Services Department.
9 B. An initial bill for ambulance services shall be processed in the following
10 manner within thirty (30) days after service is provided.
1! 1. The Co,~nty will send an initial bill to the service recipient's or
12 responsible party's insurance carrier provided that appropriate
13 insurance information i$ made available to the Revenue Services
14 Department. The Revenue Services Department will accept M~dicare
15 assignment, as a padicipating provider, and will wait no less than 45
16 days for payment if Medicare or other insurance carrier is billed. If
17 the claim is denied, a bill will be sent to the service recipient or
18 responsible party.
19 2. The County will also send a bill to Medicaid and accept assignment if
20 appropriate insurance information is made available to the Revenue
21 Services Department by the service recipient or responsible party.
22 The Revenue Services Department will wait no less than 60 days for
23 payment if Medicaid is billed. If the claim is denied, a bill will sent to
24 the service recipient or responsible party.
25 3. In the event the service recipient or responsible party does not have
26 or does not provide proof of insurance coverage, the bill for
27 ambulance service(s) shall be sent directly Io the service recipient or
28 responsible party for payment. The Revenue Services Department
29 will wait no less than 30 days for payment.
30 The following will occur if payment has not been received within
31 above set guidelines:
32 a. A past due notice will be sent in accordance with the above
33 provisions (45 days after billing third party or Medicare, 60
6
7
8
9
I0
II
12
13
14
17
18
19
2O
2~
23
24
26
27
28
31
32
days after billing Medicaid and 30 days after billing responsible
parly or service recipienl).
13. Thirty (30) days) after the ~irst past due notice is sent, a
second past due nolice will be sent.
C. After a ten (10) day grace period, the account wil~ be sent to
the County's conlracted collection agency.
C. Interest will be assessed at 1% per month on all accounts that are
either sent to the County's contracted collection agency or set up for
a payment plan (excluding hardships that adhere to County policy).
D. A reasonable and customary payment plan will be made available for
all service recipients or responsible panics. Should the service
recipient or responsible party at any time fail to meet Ihe terms and
conditions of the paymcnt plan, the unpaid balance shall be
administered in accordance wilh Section B.3 above.
E. VV1~en ambulance service bill(s), at any stage in this billing and
collection procedure, are returned because the Poslal Service
cannot effectuate delivery, the Revenue Services Department shall
make a reasonable effort to ascertain the correct mailing address. If
reasonable efforts to asc:erlain a correct address fail, the account(s)
may be considered for olher collection alternatives.
F. Nothing contained in this section shall preclude reasonable
lelephone or other appropriate contact for billing and collection
purposes, in accordance with all applicable laws.
G. Throughout Ihe fiscal ye~ar, the Revenue Services Department shall
review all p,'~sl due accounls and report lo the Board of County
Commissioners on an annual basis, of all past due accoun;s which
are believed to be uncorlectible. The Board shall, after reviewing
these past due account,s and after finding Ihat diligent efforts at
collection h;we proven unsuccessful, remove these past due
accounts from active ~lccounts receivable in accordance with
generally accepted acoounting procedures and pursuant to law by
Resolution.
! SECTION THREE: ADJUSTMENT OF EMS USER FEES
2 The following shall be minimum guidehnes for adjustments ambulance service
3 fees. Other adjustments are authorized by the Board of County Commissioners in
4 accc,rdance with criteria established by the enat)ling Ordinance.
5 A. Medicare and Medicaid Adiustm(;n[s
6 Conlractual adjustments under Medicare assignment will be made in accordance with
7 appl cable rules and regulations
8 B. Victim's Compensation Contractyal Adiustments
? Cor~tractual adjustments will be made in accordance with applicable rules and
I0 regulations
II SECTION FOUR: WAIVER OF EMS USER FEE
12 Pursuant to Ordinance No. 96 - 36. and from the effective date of this
13 Resolution, user fecs for EMS ambulance stand-by services for the following community
14 spec:iai events shall be waived as the Board finds that a valid public purpose is hereby
15 esta~31ished in recognition or their charitable contributions to the Community: (1) Collier
16 Cour~ty Fair; (2) Everglades Seafood Festival; (3) Senior PGA; and (4) Nuveen
I? Maslers. Fees for other community special events may be waived in accordance with
18 criteria established by the enabling Ordinance.
19 SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS
20 The Board recognizes that certain service recipients may need to be identified
21 and processed as hardship cases. Payment plans will be established pursuanl to the
22 minimum guidelines set forth in this Resolution.
23 A. Hardship cases will be established in accordance with the State's Financial
24 hardship guidelines, as used by HRS-Collier County.
25 B. Payment plans for hardship cases will be set up on a monthly basis, with e
26 mini.mum payment of $10.00 per month. Hardship cases, placed on a payment plan will
27 not accrue interest or be placed into collecfic,n. Notwithstanding the foregoing, if a
28 service recipient has a payment plan and does not make the scheduled payments for a
2<~ peri¢)d Ion,'er than two (2) months, the account will be turned over to the Cotmty's
30 contracted collection agency and ~n~3rest will begin to accrue.
31 SECTION SIX: SUPERSESSION OF RESOLUTION 96-303
32 This Resolution shall supersede Resolution No. 96-303
~,o. ?~/__) !
JUN 2 1997
t SECTION SEVEN: ADOPTION AND EFFECTIVE DATE
2 This Resolution shali become effective on July 1, 1997
3 PASSED AND DULY ADOPTED by the Board of County Commissioners of
Approved as to form and
legal ;ufficiency:
4 Collier County. Florida, this day of
5 AT-rEST:
6 DW1GHT E. BROCK, CLERK
7
8 BY:
9
10
12
~5
1 ~[~- County Allorney
18
.1997.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
EXECUTIVE SUMMARY
BOARD REVIEW OF THE CORRECTIONAL FACILITIES IMPACT FEE
FEASIBILITY SYUDY PREPARED BY HENDERSON, YOUNG, & COMPANY
0I:IIECTIVE: Board review of the Correctional Facilities impact fee feasibility study prepared
by Henderson, Young & Company. In addition, the Board must make a policy decision whether
to authorize the: preparation of a full scale, legally defensible correctional facilities impact fee
rate study.
CONSIDERATIONS: On March 18, 1997 the Board of County Commissioners authorized a
contract with Henderson, Young, & Company to prepare a Correctional Facilities impact fee
feasibility stud),, at a cost, including travel expenses, not to exceed $11,750.
The purpose of the feasibility study was to determine what portion of correctional facilities
expansion (i.e., .jail, operational facilities, and work release center) would be eligible to be funded
by impact fees. The outcome of the analysis gives the County the information with which to
m~..ke a determination regarding the feasibility of pursuing this revenue source to assist in
offsetting the <sts associated with new growth mad the resulting demand for additional
co:rectional facilities. The consultant will present his findings and recommendations on the
feasibility of implementing such an impact fee, including initial estimated ranges of fee levels
and revenues.
Atlached is a copy of the Correctional Facilities impact fee feasibility study prepared by
Henderson, Young, & Company. Preliminary estimated revenue to be generated from a
correctional facilities impact fee in Collier County is slightly less than $1,000,000 annual ly.
Assuming Board direction to proceed, the next step in this process involves the preparation of a
full scale, legally defensible correctional facilities impact fee rate study. This rate study will
resolve specific issues that are not included in the scope of the feasibility study, including credits
for other revenue sources also used by the County to pay for the capital facilities required by
growth, and the ,allocation of costs (based on dem~md) to land use types. The estimated ,ost of
performing this correctional facilities impact fee rate study, including travel expenses, is
$46,250.
GROWTH MANAGEMENT IMPACT: None,.
FISCAL IMPACT: The estimated cost of performing this correctional facilities impact fi.~ rate
study, including travel expenses, is $40,250. The recommended funding source is Gener~d Fund
(001) reserves. 'Ihe County Attorney's Ottice will be responsible for contract administration and
will authorize the pa.~ ments.
AGENDA rrEM
RECOMMENDATION: That the Board of County Commissioners:
l) review the Correctional Facilities impact fee feasibility study prepared by Henderson, Young,
& Company;
2) make a policy decision regarding whether to authorize the preparation of a full scale, legally
defensible CoiTectional facilities impact fee rate', study.
.Assuming the Board is interested in pumuing this impact fee further, the Board is also
requested to:
3) ;authorize the Consultant to proceed with the preparation of a full scale, legally defensible
corrections impact fee rate study, and
4) approve the a",sociated budget amendments.
Mich~l S~ykowski, OMB Director .
Approved By: /lll/ ~(L l/'])f''7 ~ /-'0/~
Rol:,er~ ~:. Fernandez, County Admm~sI~t~)r '
Dale: ~ - / 7. c<v ?
June 17, 1997
June 17, 1997
AGENDA ITI~M
J U N 2 19 )7
Pg., ~.
INTRODUCTION
PURPOSE OF FEASIBILITY ANALYSIS
· Collier County is interested in defermining the feasibility al
charging new development an impact fee for correctional
facilities.
· This Feasibility Analysis examines faclual, legal, and economic
issues that determine wheJher or not it is practical to charge
impact fees for correctiona', facilities in Collier County.
TYPES OF CORRECTIONAL FACILITIES.
COUNTY JArL (NAPLES JAIL CENTER)
· Collier County has a jail designed for full range securily
(minimum - maximum} for males and females, adults and
juveniles. The original design was 301 beds, but double-
bunking has increased the functional capacity to 582.
IMMOKALEF JAIL (STOCKADE)
· Collier County has a minimum- and medium-security facility in
Immokalee designed for males and females, adults and
juveniles. Its maximum capacity is 172 inmates.
JUVENILE DETENTION CENTER
The State of Florida is constructing a juvenile detention center
at the Collier County complex designed to house up to 80
juveniles (male and female).
ASSESSMENT CENTER
· Collier County is planning to construct an assessment center.
Henderson,
Young &
Company
AGENDA ITEM
JUN 2
June 17,-'1997
Feo$/b///ty Ano/y~/$ * Impoc! Fees for Correch'onol Foci#l/es · Co/l/er County, FIo~Cdo
WORK RESI'ITUTION CENTER
Collier County is considering construction of a Work
Opportunity and Restitution Center (WORC) to provide night-
time and weekend incarceration of 110 inmates who would
spend their day-time hours at a place of employment. The
facility is also referred to as a Work Release Facility or Work
Restitution Center.
NEXUS OF BENEFITS/ROUGH PROPOP, TIONALITY
THE FAIR SHARE RULE(S)
· Florida case law requires a dual rational nexus of benefits
between impact fees and new development.
· U.S. Supreme Court (Doic,n v. 17,¢aro~ requires that exactions be
roughly proportional to the impacts of new development.
METHODOLOGY FOR DETERMINING NEXUS AND ROUGH PROPORTIONALITY
· The nexus is quantified by lhe number of incarcerations per unil
of development.
Example: Average Daily Inmate Population (ADP) per Square
Foot of Retail, ADP per square foot of Office, etc.
· The presumption is that any type of development creates an
impact on the correctional facilities proportional to its size,
using rates of incarceration that are unique to ils type of land
use.
· Impact fees are based on inmates/square foot of
development multiplied times the square feet of new
development. Separate ratios of inmates/square foot are
calculated for different types of land use (i.e., retail, office,
industrial, etc.).
· The impact fees are charged to all types of development (i.e.,
homes, aparlments, commercial, industrial, institutional, etc.),
and the fees will be proportional to the amount of
incarcerations that are attributable to each type of land use.
NEED FOR CORRECTIONAL FACILITIES TO SERVE NEW DEVELOPMENT
BASIS FOR DETERMINING NEEDS
· Level of service standards are applied to existing a
Hende~on,
Young &
Company
2
AGENDA ITEM
Id f~lc.re .~. tcr., 1
Jun q[ 1991
pg._
Feasibility.Analysis * Impact Fees for Correc liono/ Facilities * Collier Counly, Flodd,:7
development to forecast the total need for correctional
facilities. The total need is compared to the existing inventory
to determine the deficiency (need for additional facilities) or
surplus (reserve capacity of existing facilities to serve
development in addition to that which was included in the
original forecast).
Forecasts can provide general guidance, but need to be
reviewed and updated regularly because of the frequent and
significant changes in factors that influence inmate population.
In the early 1990s, changes occurred that decreased inmate
populalion:
· Use of summons in lieu of arrest (reduced pre-
adjudication inmate population)
· Use of in-home electronic surveillance (ankle bracelet)
in lieu of post-adjudication incarceration
· Initiation of new pre-trial diversion programs
· Initiation of weekend incarceration for some Iow-risk
individuals who had gainful employment during the
week
The following are recent changes that have occurred that
increased inmate population:
· 85% Rule: inmates must serve 85% of sentence. County
jail population ha'.; risen because fewer plea bargains
for sentences to State prisons.
· Zero-tolerance for' domestic violence: someone goes to
jail for every domestic violence call received by the
Sheriff.
STUDY IN PROGRESS
The County has engaged lhe V Group of Florida to update the
Integrative Corrections Strategic Development Plan. The results
of that study are anticipated by mid-August. The resulls of the
new report will influence the outcome of any rate studies for
?npact fees for con'ectional facilities.
COUNTY JAIL AND IMMOKALEE STOCKADE
· According to the Sheriff's Office (Memo from Capt.
dated April 15, 1997, the ADP at the County Jail an,
Henderson,
young &
Company
AGENDA ITEM
No., ~, ~- ~,,, ~
Jun~JJ, lJ~ i~9111/1991
Pg._ .~
Fe.o$ibi/i/y Analysis * Impocl ?ee$ for Correclionol £ocililie$ · Collier Counly, Floddo
Immokalee Stockade is projected to be 765 by lhe year 2000.
The combined capacity of both facilities is 754.
The Immokalee Stockade is over 35 years old. The County is
undedaking design work fora project to refurbish the
Stockade. Initial estimates for a facility of the same capacily
as the existing facility range from $1.4 million to $2.0 million.
WORK RESTITUTION CENTER
The Work Opportunity and Restitution Center (WORC) would
provide allernatives for 2 classes of individuals: (1) a small (30-
50) group of inmates in the County Jail who meet the criteria to
be assigned to WORC (lhus freeing those beds in the Coun'~y
Jail, and (2) individuals who are currently not sentenced to
County Jail because the nature of their offense does not
warrant such detention, but who should be assigned to WORC
as a more appropriate disposition of their case (than the
current alternatives of parole, probation or other non-
incarceration dispositions).
CAPITAL COST OF CORRECTIONAL FACILITIES
COUNTY JAIL
The County Jail was completed in 1985 at a cost of $21,000,000.
This cost included Building F and the lop story of Building J. The
breakdown of the cost between the tail and the olher law
enforcement space was not available.
The cost per bed of the original design was $69,767. The cosl
per bed of the current double-bunked facility is $36,082. These
costs are overstated by the extent to which a portion of the
total cost was expended for law enforcemenl improvemenls
other than the jail.
IMMOKALEE JAIL
The Immokalee Jail was built in 1961. The cost is not known.
The cost per bed of the 1961 facility cannot be calculated
because the cost of the facility is not known.
'the cost per bed of refurbishing the Immokalee Jail would
range from $8,140 to $11,628 per bed.
JUVENILE r')ETENTION CENTER
Hende~on,
Young &
Company
AGENDAITEM
No.,~ ~( / )
Feasibility Analy~b · Impact Fees for Correctional Facilities · Collier County. Florida
· The juvenile detention center is estimated to cost $2,500,000.
, The cost per bed is $31,250.
ASSESSMEHT CENTER
· The assessment center is [orecast to cost $138,000.
~,'VORK RESTITUTION CENTER
The Work Restitution Cenler is estimated to cost $ 2,800,000.
The cost per bed is $ 25,455.
,AVAILABILITY OF OTHER REVENUES
COUNTY JAIL
· The County Jail, completed in 1985, was paid for by a bond
issue.
· In November 1996, voters did not approve a 1/2¢ sales tax for
expansion of the County Jail and other improvements to the
Law Enforcement and County Office Complex.
IMMOKALEE JAIL
Design costs of the Immokalee Jail are funded, but
construction casts of refurbishment does not have a financing
plan at this lima.
JUVENILE DETENTION CENTER
The juvenile detention center will be paid for by the State of
Florida.
ASSESSMENT CENTER
The assessment center will be paid for by a grant from the State
of Florida.
WORK RESI'ITUTION CENTER
The Work Restitution Center does not have a financing plan at
this time.
ESTIMATE OF: POTENTIAL IMPACT FEE F:OR CORRECTIONAL FACILITIES
ASSUMPTIONS
Henderson,
Young &
Company
AGENDA ITEM
No._~--'-:...,? ~ / )
June, J~ll.l~,~ Bg?
'7
?ea$ibi/i/y Anoly~i$ · Irnpoc! £ee$ for Correcfionol £oc~7ilie$ · Collier Counly, Roffo'o
COUNTY JAiL
Assume the impact fee is based on Method 1.
Assume impact fees for the County Jail (reimbiJrsement) and
the Work Restitution Center.
Assume no impact fees for the Juvenile Detenlion Center or lhe
Assessment Center (beccluse of full funding by State grants).
Assume no impact fees for Immokalee Jail because the
refurbishment protect would not add capacity, but merely
extend the useful life of the existing facilily. If additional
capacity were added, it 'would be eligible for an in ;h, acl fee.
County Jail cost per bed is $ 36,082. (Although lhis amount
may be overstaled, as indicated above, it is consistent with the
nalional average for such facilities, and would be typical of
cosls associated with expansion after the year 2000.)
· The ratio of County Jail ADP to the population is 0.0026
· Adjust ratio by 6% for peak factor, plus 7% (of base andpeak)
for management factor (i.e., separation of ages, genders, and
level of custody): 0.0026 + 13.42% = 0.00295
· The cost of 1he County Jail per cap/la is $ 36,082 x 0.00295 =
$106.
· TheimpactfeefortheCc)untyJailperdwell/ngun/lis$106x2.5
persons per dwelling unit = $265.
V/aRK J~ES¥1TUTION CENTER
· Work Restitution Center cost per bed is $ 25,455
· The ratio of Work Restitution Cenler beds 1o the population is
110 + 280,000 (permanent population in 10 years): 0.000393
· Adjust ratio by 6% for peak factor, plus 7% (of base andpeak)
for management factor (i.e., separation of ages, genders, and
level of custody): 0.000393 + 13.42% - 0.000446
· The cost of the Work Restitution Center per cap/lo is $ 25,455 x
0.000446 - $11.
· The impact fee for the Work Reslitulion Center per dwe///n,,~ un/l
i~ $11 x 2.5 persons per dwelling unit -- $27.50
CAVEAT:
Henderson,
Young &
Company
These estimates do not include any "credits" for pa'~
?eo$ibilffy Ano/~/$ · Irnpoct ?ee$ for Correc//ono/ £oc/?/Iie$ ·Co//ier County,
other revenue by new development that is subject to the
impact fee.
ESTIMATED REVENUES FROM POTENTIAL IMPACT FEE
FORECAST OF RESIDENTIAL GROWTH
· Population forecast in ten years = 289,349
· Current population = 206,680
· Growth: 289,349 - 206,680: 82,669
· Dwelling units: 82,669 population + 2.5 persons/dwelling unit =
33,068
ESTIMATE OF IMPACT FEE REVENUE
County Jail
$265 impact fee per dwelling unit x 33,068 units = $ 8,763,020 in
ten years ($876,302 per year).
The County Jail portion of the impact fee could be charged
under either of two circumstances:
1. As a reimbursement fee to pay for the facility that has
already been constructed. If debt service payments
remain on the jail, the impact fee payments could be
used to pay off the portion of the debt that is
attributable to new development.
2. Upon reaching furl capacity of the existing facility, the
County could begin to charge the County Jail portion
of the impact fee to pay for expanding the facility to
meet the needs of growth.
Work Restitution Center
$27.5 impact fee per dwelJing unit x 33,068 units = $ 909,370 in
ten years ($90,937 per year).
Combined Total
$292.50 impact fee per dwelling unit x 33,068 units = $ 9,67::;',392
in ten years ($967,239 per year).
RELATIONSHIP TO IMPACT FEE FOR LAW ENFORCEMENT
ISSUE
Henderson,
Young &
Company
AGENDA ITEM
no._ _
JUN 2 ~ 1997
June 17, 1.9~7
Feo$ibi/[ty Analysis * /mpc;ct Fees for Correcliono/ Focilil?es * Collier County, Flon;~o
RESPONSE
The question has arisen whether the impact fees for law
enforcement and corrections could be charged as a
combined amount, and the County could expend them on
either law enforcement, or corrections, according to the
County's priorities.
Impact fees are "earned" by the County because of impacts of
new development on specific types of public facilities, h'npact
fees for law enforcement relate only to impacts on the Sheriff's
law enforcement activities, and do not relate to impacts on
correctional facilities (and vice versa). The fees for each musl
be accounted for and expended separately.
Note: it is permissible to collect all county impact fees in
single check from each applicant, but the County must
allocate the proper podion of the check to separate ledgers or
other accounts for each type of impact fee.
ADVANTAGES AND DISADVANTAGES OF IMPACT FEES FOR
CORRECTIONAL FACILITIES
ADVANTAGES
Requires development that impacts the need for correctional
facilities to pay for a portion of the cost of their impacts.
Relieves existing residents, businesses, and taxpayers from
paying for the cost of con'ectional facilities that are needed for
new growth.
Provides additional revenue to pay for lhe cost of expensive
correctional facilities.
DISADVAN'rAGES
Increases the cost of Iow-cost housing, potentially disqualifying
a buyer who could afford the house without the impact fee,
but who cannot afford the house with the additional cost.
CONCLUSIC)N
COUNTY JAIL
Henderson,
Young &
Company
The County Jail could be included in impact fees
~s a AGENDAITEM
No..~' Ffi ~
pg..,
Feos/b//ity'Ano/y~i~ · Impact Fees for Correch'onol Foci/ih'es · Collier Count'/, Florfo'o
"reimbursement fee" to pay the County back for the capacity it
built in anlicipaJion of need. This is analogous to system
development charges for water and sewer systems where the
system is built in anticipation of future growth, and each new
user pays a fee corresponding to its podion of the cost of the
system.
The County Jail could be omitted from impact fees for
correctional facilities on the basis that the facility has been
paid for by other sources of revenue.
The County Jail could be omitted from the initial impact fees
for correctional facilities, but expansions to the County Jail
could be added to the impact fees at a later date (when lhe
existing "unused" capacity is filled in the year 2000, and new
space is needed to keep up with growth in inmate population).
IMMOKALEE JAIL
The Immokalee Jail should not be included as a
"reimbursement impact fee" for correctional facilities because
ifs costs are fully retired, and it has relatively liltle useful life
remaining. If the refurbishment of the Immokalee Jail retains
the existing capacity (172 inmates), the facility would still not be
appropriate for impact fees. Additional capacity, if added,
would be eligible for an impact fee.
JUVENILE DETENTION CENTER
The juvenile detention center should not be included as a
"reimbursement impact fee" for correctional facilities because
the only source of revenue to be reimbursed would be the
grant from lhe State (which does not have fo be repaid).
ASSESSMENT CENTER
The assessment center should not be included as a
"reimbursement impacl fee" for correctional facilities because
the only source of revenue to be reimbursed would be the
grant from the State (which does not have to be repaid).
VVORK J~ESTITUTION CENTER
,, The Work Restitution Center could be included in an impact
lee for correctional facilities.
It appears that the Work Restitution Center is conside
Hende~on,
Young &
Company
une ~i,,1jiJ~99Z~ 1997
Feo$ibilily Analysis · Irnpocl Fees for Correctional Fac/l/lies · Call/er County, Rotido
type of facility, rather than a reliever facility for the County Jail.
As a new type of facility, it will serve existing development as
well as new development, therefore the pod/on of its costs that
are atlributable to existing development must be paid by
revenues other than impact fees, and the pod/on that is
attributable to new development can be charged to impact
fees.
RECOMMENDATION
Proceed with preparation of a rate study for impac! fees for the
Work Opportunity and ResJitution Center.
Proceed wilh preparation of a rate study for impact fees for the
County Jail. Upon completion, the County Commissioners will
determine whether to impose the fee immediately (as a
reimbursement fee to hell:) defray remaining debt service) or to
impose the fee beginning in the year 2000 (when new capacily
will be needed.
He.nde~on.
Young &
Company
10
AGENDA I)'EM
No.=.~
Juq.l~J~. ~(~71997
pg._.
£XECUTIVE SUMMARY
REPORT ON RE'FEI~KIES FOR THE SECOND QUARTER OF FISCAJ, YEAR 1997
OBJECTIVE~ To present to the Board of County Commissioners a report
on actual revenues as compared to budgeted revenues for
intergovernmental, enterprise fund, impact fee, and beach parking fee
revenue sources.
CONSIDERATIO)IS~ Included as an attachment to this Executive Summary
is a listing of actual intergovernmental revenues, major enterprise
fund revenues, impact fees collections, and beach parking revenue
from October 1, 1996 through March 31, 1997 which is the end of the
second quarter of Fiscal Year 1997.
Within the intergovernmental revenues category, there are positive
variances projected in the half cent sales tax, the five cent local
option gas tax, and the voted gas t~x, based on actual FY 96 receipts
exceeding projections.
There is a large surplus projected in tourist development tax
revenue, as year-to-date collections have been much stronger than
anticipated.
There is a large shortfall projected in landfill tipping fees. The
FY 97 budget was based, in large part, on FY 96 projected landfill
tipping fee revenue. However, actual FY 96 revenues were
significantly less than projected. Overall, year to date tonnage
processed at the landfill sites is 4.9% below the level for the same
reporting period in FY 96. This is attributable to a decrease in
coMstruction/demolition debris processed, as there is a private
contractor performing this service in the Pine Ridge Industrial Park.
However, there will be a corresponding reduction in the associated
processing and disposal fees associated with construction/demolition.
There are slight negative variances in ambulance fees, beach parking
fees, and in Airport Authority operating revenues. However, state
law :requires that the County only appropriate 95% of available
revenues and current FY 97 projections are within this 5% limit.
Impact fee revenues are a volatile :revenue source and are difficult
to project as revenues are based, in part, on the timing of building
permit issuance and the type of development to occur. In addition,
there have also been some large permits issued for commercial
projects. The current projections are very conservative, and there
are no shortfalls forecast in any of the impact fee categories.
JUN 2 1997
An updated report will be presented to the Board of County
Con~uLssioners upon receipt of third quarter actual revenues for all
cate~jories.
GRO~.[~ MA/~AGE~NT IMPACT: None
FISC~L I)~ACT:: There are no recommendations for budget adjustments
at this time. OMB will continue to monitor these revenues and will
include any :recommendations for budget adjustments in thE: third
quarI=er revenu.e report.
REC(~MENDATIO~IS~ That the Board of County Commissioners review and
discuss the attached informatien.
s Ltt.d by:
OMB Director
Approved by:
DATE:
Michael Smykowski,
KoDert F. Fernandez, Cou tn~ Administrator
AG£/~),A ITEM.
JUN 2 ~ ~997
EXECUTIVE SUMMARY
Board consideration and direction regarding procuramen~ of
9rofeslional services for implementation o~ Interim
Governmental Services Feel.
O~JECTIVE, Inform Board of status of interim governmental
services fee project; obtain Board direction for next course of
action, including consideration of retaining the law firm of
Cobb, Cole & Bell for legal services in drafting the appropriate
ordinance and legal instruments to establish the fee, court
validation, and appeals, if necessary.
CONSIDERATIONSz County staff, specifically, the County Attorney
Office and Department of Revenue, have worked with Consultant,
Tischler and Associates, and its retained law firm to develop the
Collier County Interim Governmental Services Fees Report into a
special assessment program imposing fees to new development not
being taxed for post-development services after Certificate of
Occupancy issuance.
The recent opinions of the Florida Supreme Court in the
cases of Lake County v. Water Oak Management Corporation, (~t al.
and State of Florida, etc. v. Sarasota County, Florida, etc.
(issued May 1997) have indicated to staff that the County's
i~plementation of interim governmental service fees will be
facilitated by re-evaluating whether such fees should be
collected through issuance of the County's Certificate of
Occupancy for new development or as a special assessment
appearing on the property tax bill to owners of record receiving
such bill.
A review of the need for expertise in crafting a legally
sufficient, defensible interim governmental services fee vis-A-
vi~ the recent Florida Supreme Court opinions has led staff to
recommend retaining the law firm of Cobb, Cole & Bell to the
process on the County's behalf. The firm, and specifically, Mr.
Alan Watts, Esquire, have a long history and impressive record of
involvement i.% local government tax, impact fee and special
as~essment projects with significant experience and success
AGENDA ITEM
No. 9J,~%
J'J Z 997
within the Judicial system, including the Florida Supreme Court.
See correspondence attached.
FISCAL IMPACT, Implementation of interim governmental services
fees on a full year basis could gather between $1.4 - 1.7 million
in revenues for services provided. Potentially, $32,500 in legal
fees and ex~enses for services, explained as follows:
1)
3)
drafting/revising ordinance $10,000 - $15,000 in legal
fees and expenses, ostensibly including adoption
proceeding(s) before the BCC;
$7,500 - $10,000 for the validation lawsuit in Circuit
Court;
validation appeal to the Florida Supreme Court at about
$7,500.
Mr. Watts is offering a reduced government rate at $140/hour,
ado]~ting the same expense limitations as state employees when
travel is required.
Funds are ,available in the unincorporated area general fund
bud~tet, account number 111-138317-634999-00000.
~RO~rHMANA~EHENT IMPACT~ Not applicable.
RECOHM~NDATION, The Board approve retaining Mr. Alan C. Watts of
the law firm Cobb, Cole & Bell to draft an interim government
services fee ordinance and serve as lead counsel in the
appropriate or necessary court validation or defense proceeding
for such fee ordinance. That the County Attorney draft the
appropriate retention agreement for Mr. Watts providing for the
fees and e~)enses listed above, with the Chairman authorized to
execute same on behalf of County.
Approved by:
David C. Weigel
County Attorney
AGENDA I~EM
No.
COLLIER COUNTY
DAVID C. WEIGEL
COLLIER CC)UN'PC ATI'ORNEY
3301 Tamlami Trail East
Naples. Fiodda 34112-4902
Telephone: (941) 774-8400
FAX: (941) 774-0225
.. VIA FAX and US MAIL
May 29, 1997
Heidi F. Ashton
Romiro Ma~,ohch
Shidey Jean McEachern
Thomas C. Palmer
Michael W. Pettit
Lawrence S. Pivacek
Morjode M. $1udent
Mr. Charles Allen Watts
Cobb, Cole & Bell
150 N&gno],ia Avenue
Daytona Beach, Florida 32115
Re:
Collier County Interim Government Services Fees Ordinance and Judicial
Validation Process
Dear Mr. Watts:
Thank you for speaking with Mr. John Yonkosky, Director, Collier County
Department of Revenue and me earlier today. Pursuant to our telephone
converlla/ion we have requested that you, on behalf of your firm, consider: (1]
assist~ng Collier County with the drafting of a "defensible" interim govern~nt
services fee ordinance; and (2} act as lead counsel in the preparation and
presentation of a validation proceeding in the circuit court and any appeals
thereof.
We would look forward to your response concerning these Collier County =asks
including your "government rate" for your firm's services. We would anticipate
taking these mat'=ers to our Board for discussion, direction and authorization on
either the June 10 or June 17 regular Board meeting dates, as we discussed.
Again, it was nice meeting with you telephonically and discussing so~ of
the salient issues.
Thank you for your consideration in this regard.
Sincerely,
David C. Weigel
County Attorney
cc: Timothy h..Hancock, Chairman, Board of County Commissioners
John Yonkosky, Director, Department of Revenue
AGENDA ITEM
No.
J U N 2 i97
LAW OFFIcr~
COBB COLE 8 BELL
OFFICI lOX 2491
D,~~ F~R~* 32115-2491
'rELECOmF. R (gO,4) 236-7003
131 eL ~ ~
C~'A'~CW A~EI'R~..?J 157. I
June 2, 1997
Writer's Telephone: 255-1811 Ext. 293
Writer's Internet: cwatt(~ccb.com
David C. Wcigel, Esquire
County Attorney
Collier County
3301 Tamiami Trail East
Naples, Florida 32115
Re: Interim government services fee
Dear Mr. Weigel:
I am honored to respond to your letter of May 29, and your interest: in our
services with respect to the proposed interim government services fee.
Although my normal rate for services is $175 per hour, I have both a
preference for and an understanding of the special requirements of government legal
service. Accordingly, I offer a government rate of $140 per hour. It is also my
practice to utilize the expense limitations for state employees when travel is
required. I consider that all files compiled by us during government representation
are public record, subject only to thc limitation authorized in Chapter 119 for
litigation strategy while litigation is ongoing.
You have proposed two tasks: thc first is the drafting of an interim
government services fee ordinance which takes into account the li~e of decisions on
special assessments handed down by the Supreme Court over the past several years.
The second task is a validation of that ordinance through Circuit Court procc'edings
and then presumably before thc Supreme Court.
With respect to the first task, we discussed some of my thoughts during our
telephone conversation, and I have the benefit of the Tischler report which Mr.
YonkoskT kindly forwarded to me. I believe that there is a division in the current
Supreme Court on the subject of "special assessments", which see. ms to flow from
a failure of the cases to distinguish between service charges and special assessments.
_ AGENDA ITEM
No.
JUN
COBB COLE 8 BELL
Davi~d C. Weigel, Esquire
Page: 2
June 2, 1997
57.!
"Special assessments" in the classical sense are imposed as a means for
government to recapture from private property some of the windfall in value which
is conferred on a few select properties, as distinguished from the commurdty as a
whole, when public improvements are made.
Service charges are based not so much on value conferred to the property,
as upon burden or cost imposed on the government. They are inherently within the
power of local government, so long as they meet the rationality and proportionality
standards laid down in the Nollan and Dollan decisions, respectively. These same
stamtards have often been addressed in state law as the "dual rational nexus' test for
impact fees and development exactions.
The confusion in the courts has arisen when local governments (often at
judicial or legislative invitation) have characterized what are actually service fees,
as special assessments. This has caused a minority bloc of the Supreme Court to
point out that such assessments cannot be used to get around the constitutional
millage caps and homestead exemptions for ad valorem taxation. The arguments
persist even though the "assessments" are Characterized as non-ad valorem under the
applicable statutes.
A clear restatement of these pr/nc[pies is long overdue, and I have high
confidence that a well-written ordinance can provide the courts with a vehicle for
doing so. Although it is always a difficult task to gauge the quantity of labor that
may be required in drafting and revising such an ordinance, my best "front-end"
es'timate is that it would not exceed $10,000 to $15,000 in legal fees and expenses.
Obviously if things get seriously off-track, we would both know it, and have an
opportunity to tell the Board of County Commissioners before the budget gets
busted.
With respect to a validation suit, one of the advantages of being a draftsman
of an ordinance is that it gives an oppommity to prepare the necessary record for
the litigation. Some duplication is thereby avoided. Again, I cannot gauge the
likely resistance of the State Attorney or any intervenors, but assuming a moderate
and good-faith effort by the State to play "devil's advocate' against the ordinance,
I would give a "front-end" estimate of $7500 to $10,000 for the validation suit in
circuit co.m. Asstaning that the State or intervenors then pursue an appeal directly
to the Supreme Court, my most recent validation appeal there came in at about
$7500 in legal fees. AC~Ei~IDA ITEM
2
COBB COLE ~ BELL
David C. Weigel, Esquire
Page 3
June 2, 1997
I trust that this will give you enough information to hold a preliminary
discussion with the Board about proceeding. Since I have not done any work for
Collier County for at least a decade, I have taken the liberty of enclosing a brief
resume showing my qualifications, and a list of some of the cases which I have had
the honor of handling involving local government issues. Kindly advise if you need
further information.
CAW:cm
Cordially,
C. Allen Watts
t2WA~L"WAXLETI~.2~ I $ ?. I
AGENDA ITEM
~o. q(FC~
J U ~ Z ~, ~997
C. ALLEN WA'ITS
Summary of Significant Appellate Cases
Involving Local Government
Snyder v. Board of County Commissioners of Brevard County, 627 So.2d 469 (Fla. 1993).
Mr. Watts was successful as counsel 1o 1000 Friends of Florida, amicus curiae, in this Florida
Supr.:me Court decision increasing judicial scrutiny of local zoning decisions.
City of Dun-~din v. Contractors and Builders Association, 329 So. 2d 314 (Fla. 1976). Mr.
Watts was counsel to the City d'trough six years of litigation, including petition for review in
the United States Supreme Court, in which the legality of impact fees was first established in
Florida.
City of Ormond Beach v. Volusia County, 535 So. 2d 302 (Fla. 5th D. C. A. 1988). Mr. Watts
was counsel to the County in successfully asserting the right of counties to impose countywide
impact fees over municipal objections, where countywide services are being funded.
City of New Smyrna Beach v. County of Volusia, 518 So.2d 1379 (Fla. 5th D. C. A. 1988).
Mr. Watts successfully defended County charter amendments against a constitutional challenge
that municipal powers had been usurped.
City of Daytona Beach Shores v. State, 483 So. 2d 405 (Fla. 1985). Mr. Watts as counsel for
amicus curiae successfully defended the right of beachfront cities to impose user charges for
beac'h services, ~gainst the Department of Natural Resources' contention that such fees violate
the public's fight to beach access.
Vol~'sia County v. State, 417 So. 2d 968 (Fla. 1982). Mr. Watts assisted the State in a
landmark decision establishing the limits of use of non-ad valorem revenues to support bonds
in the absence of a referendum.
City of New Smyrna Beach v. Fish, 384 So. 2d 1272 (Fla. 1980). Entering the case after the
City had lost in the Court of Appeals, Mr. Watts reestablished in the Supreme Court the right
of the City to e.stablish standby or minimum service charges for utility services to part-time
residents in beachfront condominiums.
Association of Condominiums Inc. v. Dept. of Revenue, 431 So. 2d 748 (Fla. 5th D. C. A.
1982;). Mr. Watts successfully challenged the Department's proposed rules for sale:g tax on
tram;ient rentals of condominiums.
In r,,. Apportionmei't Law, 414 So. 2d 1040 (Fla. 1982). In behalf of disenfranchised electors
in House District 29, Mr. Watts assisted in the establishment of limits on the contiguity and
compactness of legislative districts.
AGE:HDA ITEM
No. -q (
JU l 2 q
Bent v. Ballantyne, 368 So. 2d 351 (Fla. 1979). In behalf of a city commissioner subject to
a recall petition, Mr. Watts established that just cause for removal must be shown in such a
petition.
MurlJhy v. City of F!.agler Beach, 846 F. 2d 1306 (1 lth Cir. 1988); Stephens v. School Board
ofSarasota Cosmty, 338 So. 2d 890 (Fla. 2d D. C. A. 1976); School Board of Flagler County
v. Hauser, 293 So. 2d 681 (Fla. 1974); Powell v. Board of Trustees of Daytona Beach
Comr,~unity College, 279 So. 2d 321 (Fla. 1st D. C. A. 1973); Stansberr)' v. City ~,fLai~e
Helen, 425 So. 2d 1157 (Fla. 5th D. C. A. 1982). In these and other cases Mr. Wtttts has
successfully handled numerous matters involving personnel decisions and alleged civil rights
violations by local governments.
Z 1.9.97
C. ALLEN WATTS
Statement of Background, Training, and Experience
in Matters Concerning Local Government Law,
Environmental and
Land Use Regulation
A private attorney who has concentrated on, administrative law and local government
matters for nearly twenty years, Mr. Watts represents private clients and also serves as a
consultant to local governments throughout Florida.
A native of Winter Haven, Mr. Watts was graduated from Stetson University in 1967
and its College of Law in 1971. He graduated first in his law class, served as editor-in-chief
of the Stetson law review, and earned numerous competitive scholastic honors. During a
two-year sabbatical from private practice, he served as a member of the founding law school
faculI:y at Campbell University, teaching courses in property rights, constitutional law and
legislation.
Except during this sabbatical, Nh'. Watts has practiced in Volusia County since 1972.
He i:; a partner in the Daytona Beach offices of Cobb Cole & Bell, where he chairs the
Administrative, Environmental and Land Use Law Department. This department handles
problems of local governments and private developers in administrative law, land use and
regulatory matters.
Mr. Watts is a member of the Administrative Law, Local Government, emd the
Environmental and Land Use sections of the Florida Bar and has lectured at numerous seminars
for these sections. He is a contributing author to "Florida Environmental and Land Use Law",
published by the Florida Bar, and has authored articles in the Florida Bar Journal and the
Stetson Law Review.
A member of the North Carolina Bar as well as the Florida Bar, he has practiced
actively in the state courts as well as in the United States Supreme Court, the Courts of .Appeal
for the Fifth and Eleventh Circuits, and Federal District Courts in Florida.
Mr. Watts has served as cocounsel to Daytona Beach Community College, counsel to
the Volusia County School Board, the first city attorney for the new cities of DeBary and
Deltona, city attorney for DeLand, counsel to the charter commissions of Brevard, Flagler, St.
Johns and Volusia Counties
Though he has wide experience in the service of local governments and development
interests in the courtroom and in administrative forums, Mr. Watts is also deeply involved in
the chaffing of creative legislative solutions to the problems of growth management, land use
regulation, and equiteble financing techniques. He maintains a strong private practice in zoning
and le~nd use law, working primarily with planned developments and developments of regional
impact. Serving ~ special counsel to cities and counties throughout Florida he has assi:;ted in
AG£ND,l~ ITEM
No.
J"" Z
p~. q
forming consensus solutions for problems as varied as wetland and habitat conservation, solid
waste management and financing, transportation funding, and utility financing.
Mr. Watts is actively involved with his family and community. He and his wife ha'ce
six children and a growing number of grandchildren. They are active members of St. Barnabas
Episcopal Church, which he has served as a vestryman and Senior Warden. He is a board
member of 1000 Friends of Florida, a board member of the Stetson University College of Arts
and ~,;ciences, a Imard member of the Volusia County Business Development Corporation, and
serves on the Appellate Court Rules Committee of the Florida Bar.
Mr. Watt:~ brings with him to any assignment the collective resources of Cobb Cole &
Bell, with more than forty lawyers serving principal offices in Daytona Beach, Tallahassee,
Orla~do and Tampa Bay.
AGENDA
JIJH ig97
CAVA'~2~ M."%b(l SC%22:519~. I --
EXECUTIVE SUMMARY
PETITION PUD-97-7, THOMAS E. KILLEN REPRESENTING THE PROGENY CORPORATION,
REQUESTING A REZONE FROM 'T' INDUSTRIAL TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS THE PROGENY COMMERCE CEN'IER PUD
CONT, M'NING ALI.. THOSE INDUSTRIAL USES ALLOWED IN THE IHDUS~ DISTRICT
AND CERTAIN COMMERCIAL USES THAT QUALIFY AS TRANSITIONAL USES BETWEEN
INDUE;TRIAL AND NON-INDUSTRIAL FOR PROPERTY LOCATED ON TItE NORTH SIDE OF
RADIO ROAD, WEST OF INDUSTRIAL BOULEVARD IN SECTION 36, TO'WNSHIP 4!) SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.27 ACRES MORE OR
LESS.
OBJEC~FIVE:
This petition seeks to have certain property herein described rezoned from its current zoning
classification of Indu:~tHal to Planned Unit Development "PUD" district.
CONS][DERATIONS:
By rczoning the subject property from "I" Industrial to "PUD" Planned Unit Development the
petitioner seeks to expand the uses authorized by its current zoning classification to include certain
commercial land use,.; that the petitioner believes is consistent with provisions of the Future Land Use
Element. The land which is the subject of this petition is partially developed with mini-self storage
warehouses. The proposed PUD will authorize all of the uses now authorized by its current Industrial
zoning plus hvo major SIC Groups.
The property is designated Industrial on the Future Land Use Map to the FLLrE to the GMP. In the
description of Industrial the language of the FLUE advises that the boundarie~ of urban industrial
distrieu; may deal with land uses that are more compatible with non-industrial uses by ~ecifically
characterizing the bozmdaries as transitional. While not specific, by inference this would have to mean
light industrial or a heavy conm~ercial type of land use, such as those found in the C-5 zoning
classification. To some extent there would appear to be some degree of subjectivity that could be
applied to determine those commercial uses that may be considered "transitional". Staff would opine
that coramercial uses should be limited in this context because to do otherwise would be tantaxnount to
establishing activity ¢~enters within industrial areas along their perimeter bound,~rie~. The petitioners
response to t, his conea~ is to request two (2) eonmaereial groups of use~ that fall into the ~tegnry of
Home iFurniture, furnishings and Equipment Stores (groups 5712-5736) (i.e.. C4) ~xl Building
Materi~ls, Hsrdware
most closely aligned with the required "transitional" concept. In the final analysis the Board of County
Commissioners will make this finding. That decision will be consistent with
made.
JVH 2 4 1991
1
A review of the petition for consistency with the applicable elements of thc GMP supports a finding of
consistency.
Given the GMP Cla.;sification of industrial on the subject property, a compatibility analysis with Rural
Estates zoning in part lying opposite the property, is not germane. There are no issues of timing
relative to the appropr/ateness of a rezoning action, given its urban location and full complement of
urban infrastructure. The decision rests upon whether or not approximately nine (i.e. 9.27) acres of
land now zoned Industrial should be modified through the technique ora PUD rezoning action to allow
in addition to industrial uses two groups of uses only allowed in commercial zoning districts.
The PUD structures development standards that are the same as those required by the Indu.,;trial zoning
district. In all other respects the PUD references the requirements of the LDC relative to landscaping,
parking, signage and architectural requirements relative to commercial land uses.
The Collier County Planning Commission heard this petition on June 5, 1997 and by a unanimous vote
recommended its approval to the Board of county Commissioners. No person communicated or
addre:;sed the CCPC with any level of objection.
FISC3~L IMPACT:
This amendment by and of itself will have no fiscal impact on the County. However, if this
amendment achieve,,; its objective, the land will be developed. The mere fact that new development
has been approved will result in a future fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help off-set the impact of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. ]in the event
that impact fee collections are inadequate to maintain adopted levels of sev¢ice, the County must
provide supplemented funds fi.om other revenue sources in order to build needed facilities.
GRO'~rrH MANAGEMENT IMPACT:
A petition deemed consistent with the GiMP or otherwise structured to mitigate required Levels of
Service or LDC requirements can have no impact on the integrity of the GMP or LDC.
Development permitted by the approval of this petition will be subject to a concurrency r~Mew under
the provisions of Division 3.15 of the Collier County Land Development Code, Adequate Public
Facilities, at the earliest or next to occur of either Final SDP approval, Final Pl-'tt approval, or building
permit issuance applicable to this development.
HISI~ORIC/ARCHAEOLOGICAL IMPACT:
Staff's ~nalysis indicates that the petitioner's property is located outside an area of historical and
archaeological prol~bility as referenced on the official Collier County Probability 1~ lap. l~,.~~nt
Hi~torical/Archacologicafl Survey and Asse~__~ent is required.
1997
PLA~tl~TNG COMMISSION RECOMMENDATION:
That l?¢ti~ion PUD-97-7 Progeny Commerce Centc-r being a petition to authori~ industrial and certain
commercial land usm deemed to be consistent with thc GMP's, Future Land Usc Element be approved
as de, ch'bed by the d.ntfl Ordinance of Adoption and Exlfibits thereto (the PUD Document).
R~'-N~J.,D F. NINO, AICP DATE
Clli~F PLANNER
REVIEWED BY:
CUR~LENT PLANNING MANAG ~Ex.R
- -~ . .~ '~ '. ,
DON/LL--~w. AR~['OLO, AICP
~. ~i~LNG SERVICF~-DEPARTMENT DIRECTOR
VINCENT A. C~UTERO~ ADMINISTRATOR
DATE
DATE
DATE
COM]HUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-97-7 EX SUMM3~Y/md
3
AGENDA ITF. M 7-L
MEMORANDUM
TO:
FROI~I:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
APIL[L 30, 1997
PETITION NO: PUD-97-7 PROGENY COMMERCE
CENTER 'I' TO "PUD"
OWNER/AGENT:
Agent:
Thomas E. Killen
2009 Trade Center Way
Naples, Florida 34109
Owner: Progeny Corporation
3527 Radio Road
Naples, Florida 34104
(James J. Jentgen, President)
This p~tion seek.,; to have c~rtain property herein described rezoned from its current st;ltus of
Indu~rial to 'PUD' Planned Unit Development.
QEOGRAPHIC ]'~OCATION:
The propo'ty is l¢~,~ted or, the north side of Rzdio Road just west of Industrial Boulevaxd (se~
illustration next page) and contains 9.2 acres more or less.
~?URPOSEfl)ESC.~IIpTION OF PROJECr:
By reamning the subject property from "I" Industrial to "PUD" Planned Unit Development the
petitioner seeks to expand the uses authorized by its current zoning c. lassifi~ion to include ~
comra~rcial land use~ that the petitioner believes is consistent with provisions of the Future Lmxl Use
~URROUNDING ~NI) USE AND ZONrNG;
F. xi:~ng.
The site is currently developed ~ mini-sto~
war~house f~_ci!itie~ and i~ ~ is used f~
outdoor storage of recreational ~
bo~t. and is z~ned 'I' Industri~- ~:.£~J
'JUN 2 t 1991
[!
JUN g
Pl.
Surrounding:
North -
East-
South -
W~t -
To the north the land is &.vtkaped with
land uses and is zom~ "I* ~
To the east the land h ~ with ixlustriai
land uses and the Forestry Diviakm of tlae
Induslri~k
To the south lies 1~S~o Ro~ ~e
industrial use ~ Lggt~ C. xamiamy. 'I~
land is zom:d 'E" E.g~ ami PUD ~
.~R__J}WTH M.ANAGEMENT PLAN (~QN$ISTENCY:
The property is designated Industrial on the Future Land Use Map to the FLUE to the GMP. Ia the
de~ziption of ]:ndustrial the language of the FLUE advises that th~ botm~-i~ of m"b,~n i~
dixie,s should deal with land uses that axe more compatible with non-ind~ uses I~ ~
c. hmzcterizing the boundaxies as transitional. While not specific, by inference this would have tO mean
ligkt industrial or a heavy commercial type of land use, such ~ those fouml ia the C-5 zoning
classification. To some extent there would appear to be some degree of ~:~cfivity that could be
applied to determine those commercial uses that may be considered 'tramifio~'. St~ff would opine
that commercial uses should be limited ia this context because to do otherw~ would Ig tantamount
to establishing a~vity centers within industrial axe. as along their pesinmer bcamdaries. The petifioner~
response to this concern is to request two (2) commercial groups ofuses that fail into the category of
Home Furniture, Furnishings and Equipment Stores (groups 5712-5736) (i.e. C4) av.d Building
Ma'lerials, Hardware and Garden Supply (groups 5211-5261) (i.e. C-5). Th~ latter in stilt's opinion is
mo:a closely aligned with the required 'transitional' concept. In the final a~ysis the Boaxd of County
Commissioneva will make this finding. That decision will be consistent with the FLLIE when it is
rn~:le.
Other element:~ for which a consistency statement is required is as follows:
~d]fffi¢ Circuh~ - The project trips will not exceed 5% of the LOS "C" design volume
within the projects radius of development influence (RI)I). In addition, the site generated trips will not
create a concarreney problem within the project's RDI because the project trips don't lower the
c. ap~ity below any road's adopted LOS "D" standard.
Nc, funded road improvements are scheduled within the project's RDI. No improvements are required
to meet c, ono.'u'rem3, requirements.
The propos~xl re. zone will not create or excessively increase traffic congestion on the axterial roaA
sy~Rem at buiJld-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3 of the
·bove ~ p~ojeet if approved would be consistent with the traflS¢ element. ~o.
2
JUN 2 4 1997
OPM Space Element - W~ile the PUD does not specific~lly address the required open space
requirements of thirty (30) percent, nevertheless the PUD document provides that where the PUD fails
to ~tdress specific development standards then those in the LDC apply. The requirement for open
spa~e will be achieved as a function of Site Development Plan approval requirements.
Other Applicable Elem~nt~ - The subject property is served by the County's sewer system and city
water system. The project will be designed according to LDC requirements for storm water
rnamgement. During the site development plan approval process the project will be ro~uired to be
consistent with all relevant provisions of the LDC.
HISTQRI¢/AP. CTIA EOLO GICAL IMPAC~F;
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Histocical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referencezl areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Department's staff.
This petition wa.5 administratively reviewed on behalf of the EAB and staff recommended approval
subject to conditions which have been incorporated into the PUD document.
ANAI. NSI$:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable deterr~L'mion must be based. This evaluation is intended to provide an objective,
comprehensive o,~rview of the impact of the proposed land use change, be they positive or negative,
culmirutting in a s~aff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff
evaluaxion ~nd comrnem, atx:l shall be used as the basis for a recommendation of approval or denial by
the Pl~aning Coamaission to the Board of County Commissioners. Each of the potential impacts or
considerations id(ratified during the staff review are listed under each of the criteria note~d, and are
categorized as either pro or con. whidz'ver the case may be. Staff review of each of the criterion is
followed by a sununary conclusion culminating in a determination of compliance, non-compliance, or
compliance ~ ~tig~ion. These evil.om sre completed as separate documents and are attached
to the s:~f report.
Appropriate evalu~on nf petitions for rezoning should establish a factual basis for supportive action
by appointed ~ elected decision makers. The evaluation by professional staff should typically
include ;m ~lysis of the petition's relationship to the community's future use plan, and whether or not
a rezoning ~ction would be consistent with the Collier County Growth Management
related ,elements. Other evsluation consideration should include an assessment of ad~q~
'JUN
PII.
transl:.ortation ixtfi'astructure, other infrastructure, and compatibility with Mjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan fbr future land uses.
Relati~n~hi? to Future and Exi$fimz L~nd Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Idanagement
Plan. By virtue of its FLUE relationship the land may be rezoned for the purpose of expanding uses to
include some commercial uses. The site is surrounded on three sides by non-residential uses. The
issue presented by this petition is not one of compatibility but rather one of the importance of' using
land in a manner consistent with the County's Future Land Use Plan. The Future Lm~d Use Plan
represents a statement to the effect that development of land by a use contrary to the plan undermines
the m.~rket assumptions that went into determining how much land is needed for the v,~aious major
functions of industrial versus commercial. For this reason we believe the FLUE specifically cited that
while the boundaries of urban industrial areas ought to be developed in more transitional types of land
uses, nevertheless, these transitional uses should not include development of a purely retail nature,
such l~s a conventional type of shopping center. The commercial uses requested as part of this PUD,
while retail in nature, function more like many industrial enterprises in terms of the way the land is
used (i.e. storage areas and outdoor uses of land). In the final analysis staff' is of the opinion that the
Board of Commissioners must decide whether or not the uses are transitional. It is important to note
that the PUD is ,,;elective in the sense that it only adds two groups of uses not found in the Industrial
District and to that extent is far superior to any e~rlier applications for this property that requested the
entire spectrum c, fcommercial land uses (i.e. C-1 thru C-$).
Given the GlVIP Classification of industrial on the subject property, a compatibility analysis with Rural
Estates zoning in part lying opposite the property, is not germane. There are no issues of timing
relative to the appreciativeness of rezoning, given its urban location and full complement of urban
infrastructure. The decision rests upon whether or not approximately nine (i.e. 9.27) acres of land
now zoned Industrial be modified through the technique of a PUD rezoning action to allow in addition
to the industrial uses now allowed two groups of uses only allowed in commercial zoning districts.
Traffiq - Site generated trips will not exceed the Significance Test (5% of the Level of Service
design capacity) on Radio Road within the projects radius of development influence CKDI). In
addition, the sit~: generated trips will not lower the level of service below the adopted LOS
standard for any road segment within the projmct's RDI.
The Traffic Ckculation Element (TCE) lists Radio Road as a 4 lane arterial road. The current traffic
count for this sqgnent is 19,054 AADT which results in LOS 'C'. This project meets the County's
concurrency requirement and is consistent with the standards referenced in Policy 1.3, 5.1, and 5.2 of
the TCE.
4
The a,c, cess point is from Radio Road. In view of the clear sight distance along this segment, the
acces:s should operate w~th an acceptable level of safety. In addition, the access point is subject to all
required County permits and the Access Management Plan. The final access geometry and design of
the tr~:ic circulation system will be reviewed at the time of Site Development Plan (SDP) and/or
Preliminary Subdivision Plat (PSP) review. BaseA on stall's review, the conceptual traffic circulation
systetn is deemed consistent with Policy '/.2 and '/.3 of the TCE. The Traffic Accident Repor~ for
1995 shows the intersection of'Radio Road and the project as having a low traffic accident rate (under
10 per ye~).
Certain tra~c stipulations included in the PUD provide greater specificity as to me. dian relationships
and r,<luired impirovements to facilitate turning movement.
L/tility ln£rastrucllLr~ - Both a public sanitary sewer and municipal water supplies are av:,ilable to the
property and will be extended as a consequence of future required development approvals. All
development must comply with surface water management requirements invoked at the time of
subdividing as thc ca.se will be for development of this land.
MASTER PLAN AND PUD DEVELOPMENT STANDARDS:
Master Plan - Ac:knowledges Land Development Code requirements relative to landscap(.' buffers and
water management.
PUD Development Standards - Development standards are similar to those required in conventional
industrially zoned districts.
Substitution To Subdivision Standards - None requested.
,~TAFF RECOMiMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-97-7
being a petition to rezone certain land from "I" Industrial to "PUD" Planned Unit Development as
descril~cl by the draft Ordinance for Adoption and Exhibits thereto (i.e. the PUD Document and
CHIEF PLANNER.
REVIEWED BY:
kO~ERT I. MUL~, AICP
CURRENT PLAI~FNING MANAGER
DATE
AGENDA JY£M
OLIN 2 4 1997
l'f.. q f
DONALD W. ARNOLD, AICP
PLANNING SERVICES DEP6~TMENT DIRECTOR
VINCEb~ A. CAUTERO, ADMINISTRATOR
COlVfiVfUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number PUD-97-7
StaffKeport for June 5, 1997 CCPC meeting.
NOTF.: This P~tition ha~ been advertised for the June 24, 1997 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICItAEL A. DAVIS, CHAIRMAN
PUD-97-7 STAFF Rt,iPORT/pd
JUN 2,1 1997'
DONALD W. AI~:2qOLD, AICP
v~('~q~r ATCAtrr~o, Amvm, aST~TO~,
COMMUNrrY DEV. ~ ~O~~ SVCS.
DATE
P~tion Number PUD-97-7
Staff;R. eport for June 5, 1997 CCPC m~ting.
NOTE: This Petition h~ b~n advertised for the June 24, 1997 BCC'm~ting.
COLLIER COUNTY PLANNING COMMISSION:
MICItAEL A. DAVIS, CHAIKMAN
PI.R~9'7-7 STAF~ EEI:K:)RT/pd
6
JLIN 2 4 1997
,.,.. 1(5_
FINDINGS FOR PUD
PUD-97-7
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following
cril:m'ia:
o
The suiitability of the area for the type and pattern of development proposed in
relation to physical characterbtics of the land, sun'ounding areas, traffic an~d access,
drainage, sewer, water, and other utilities.
Findine'i. Jurisdictional reviews by County staff' support the maimer and pattern of
development proposed for the subject property. Development conditions contained in the
PUD document give assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require 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 v, ith Level
of Service relationships as prescribed by the Growth Management Plan.
Adequacy of evidence of unified control and suitability of any proposed agreements,
contract; or other instruments, or for amendments in those proposed, particularly as
they m:ty relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
FindineL Documents submitted with the application provide evidence, of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
Confort~ity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
~The subject petition has been found consistent with the goals, objectives and
policies ofthe Growth Manasement Pla~ A more detailed description of this conformity
is addressed in the StaffRepon.
The inte~maJ and external compatibility of proposed uses, which conditions may
include ~restrictlons on location of improvements, restrictions on design, and
.buffering and screening requirements.
JUN 2 4 1997
i Ps. _.~_.__
~i. The PUD Master Plan has been designed to optimize internal l~d use
relationships through the use of various forms of open space separation (i.e. buffers and
puking lot landscaping). External relationships are 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
developmenL
Required open space will be set aside at the time of SDP approvals.
The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilitie.% both public and private.
Fin dint[Timing or sequence of development in light of concurrency requirements is not a
significant problem. (Additional response for projects that may require phasing or special
mitigatic,n because of degraded LOS conditions).
The abi4ity of the subject property and of surrounding areas to accommodate
expansion.
~ndint~. Not applicable.
Confor~aity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations,
~ndin. gl PUD regulations are similar to the Industrial Zoning District.
FINDINGS FOR PUD-97-7/pd
2
'JUN 4 1997 I
REZONE FINDINGS
FOR PETITION PUD-97-7
Sc~tion 2.7.2.5. of the Collier County Land Development Code requires that the re. port and
re,:ommendatiot~ of the Planning Commission to the Board of County Commissioners shall show
that the Planning Commission has studied end considered the proposed change in relation to the
following, where applicable:
Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
.Pro/Con:. Evaluation not applicable.
~ummarv Findints: The petition will be consistent with goals, objectives, and policies
and Future Land Use Map and the elements of the Growth Management Plan.
2. The existing land use pattern;
Pro/Con:, Evaluation not applicable.
Existing:
The site is currently developed with mini-storage warehouse £acilities and
in part is used for outdoor storage of recreational vehicles and boas and is
zoned "I" Industrial.
Surrounding:
North - To the north the land is developed with industrial land u~.~s and is
zoned "I" Industrial.
F.~st - To the east the land is developed with industrial land uses and the
Forestry Division of the State Agricultural Depm'tment and is zoned
"I" Industrial.
South-To the south lies tL~dio Road while further south the land is
developed with residences and ~n industrial uses Naples Lumber
Company. The land is zoned "E" Estates and PUD flndustrial).
West - To the west the lind is developed with mini-wm'ehouse structures
md is zoned "I" Industrial.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con; Evaluation not applicable.
JUN 2 4:1997
Summa~ Fin~,in~s: An action to rezone the land to the PUD zoning district for
Industrial and Transitional Commercial Uses would not demonstrably change development
patterrul and therefore would not create an isolated district. Availability o[' adequate
infrastructure, and adjacent urban development, support the timing relationship and justify
a rezort'~ng action.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
~ummary Findings: The district boundaries are logically drawn, inasmuch as they come
about by virtue of their consistency with the FLUE to the GMP.
Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con_/ Evaluation not applicable.
Summq.~ Fin~lin~s: The proposed zoning change as modified is appropriate based on
the exi!,~ing conditions of the property and because its relationship to the FLUE (Future
Land Use Element of the GMP) is a positive one.
Wheth,er the proposed change will adversely influence living conditions in the
neighborhood;
Pro: In terms its visual impact on Radio Road a major arterial road transitional
commek, cial uses of the type authorized by the PUD could make a substantial improvement
over th,e existing condition by virtue of the application of c,:rrent landscaping standazds
and the potential for office like structures.
None.
~;ummllry Findinzs: The proposed change will not influence living conditions in the
neighborhood inasmuch as the residential area lies south of Radio Road.
Wheth~r tire proposed change will create or excessively increase traffic congestion or
create ltype~' of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
constru~ction phases of the development, or othenvise affect publi
AGE I £ .
',JUN 21 1997
,,,._/4--
8,
10.
~ iii) Approval of th~s petition is deemed consistent with all related policies of the
Tra~c Circulation Element to the GMP.
Pro; {:ii) Radio Road a four lane divided highway is capable of handling substantially
more traffic.
Con~ None.
~;ummqry ¥indints: Evaluation of this project took into ac, count the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively incre~se traffic
conga:ion. Additionally certain tra~c management system improvements are required as
a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final
analysis; ali projects are subject to the Concurrency Management system.
Whether the proposed change will create a drainage problem;
Pro; A. positive drainage outfall must be provided concurrent with development.
Con: Urban intensification potentially can heighten the occasion for area-wide flooding
under the most sever rainfall event.
Summ~try Fin. din~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
drainag,-, generated by developmental activities as a condition of approval. Th. is project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
Wheth4:r the proposed change will seriously reduce light and air to adjacent areas;
pro/Co:a: Evaluation not applicable.
Summ,~ All projects in Collier County are subject to the development
standards that are 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
require~aent~ corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
I
,JUN ~ 4.. 1997'
3
11.
12.
13.
Pro: Typically urban intensification increases the value of contiguous underutilized land.
Business office development with attendant landscaping improvements may stimulate
renewal of adjacent property.
Con: None.
SummRrv 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.
Propen.y valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination 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 or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findings: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval proce:;s, gives
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of'adjacent property.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con_;. Evaluation not applicable.
~pmm,ry FinOinzs; The proposed development complies with the Growth ma~,agement
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
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 public interest.
Whether there are substantial reasons why the property cannot be 'used in
accordance with existing zoning;
Pro/Co[L;. Evaluation not applicable.
'~s
JUN P, 1997
P~. __/_~
14.
15.
16.
17.
SummRrv Findinzs: The subiect property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the oppo~'tunity to
maximize the development potential of' the site as made possible by its consistency
relationsh¥ with the FLUE.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro/Cc,n: Evaluation not applicable.
Summ:~rv Findings; Thc proposed development complies with the Growth Management
Plan, a policy statement 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.
Summll~ Fi..n. dins~s: There are many sites which are zoned to accommc,date the
propos~:d development. This is not the determining factor when evaluitting the
appropriateness of a re. zoning decision. The determinants of zoning are consi= with ali
elements of the GM, P, compatibility, adequacy of infrastructure and to some ¢,ctent 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.
Pro/Co n_t Evaluation not applicable.
Summ,s,rv Findints; Physical alteration is a product of developing vacant land which
cannot be avoided.
The impact of development on the availability of adequate public facilil:ies and
services', contistent with the levels of service adopted in the Collier County Growth
Manage:mere Plan and as defined and implemented through the Collier County
Adequa,te Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
5
LIUN"
,, 4 1997
~um~p. ary Findini~s: Staff' reviews for adequaca, o£ public services and levels of' service
dctcn~lned that required in.Crastructure meets with GMP established relationships.
NOTE: .Q]g[P as used herein means the Collier County Growth Management Plan.
FLUE me.~u~s the Future Land Use Element of thc GM:P.
KF. ZONE FINDINGS PUD-97-T/pd
COLLIER COUNTY
APPLICATION FOR PUD REZONE
PETITION NO.
COORDINATING PI2%NNER: Ron Nino
DATE RECEIVED:
APPLICAT NAME (AGENT): Thomas E. Killen PHONE:(941) 591-31.30
APPLICANT ADDRESS: 2009 Trade Center Way Naplest Florida 34109
PROPERTY OWNER(PETITIONER) NAME AND ADDRESS*: Progeny Corporation
3527 Radio Road Naples, Florida 34104 PHONE:(941) 643-3530
DETAILED LEGAL DESCRIPTIONOF SUBJECT PROPERTY:
SECTION: 36 TOWNSHIP: 49 S RANGE: 25 E
E 1/2, SW 1/4, SE 1/4, SW 1/4 and W 1/2, SE 1/4, SE 1/4, SW 1/4 of
Section 36, Township 49S, Range 25 E, less the South 50 feet thereof,
Collier County, Florida
PROPERTY I.D. t: 00273730000
SIZE OF PROPERTY: 663 FT.X 610 FT. ACRES: 9.27
GENERAL LOCATION OF SUBJECT PROPERTY: Airport Pulling Rd.& Radio Rd.
ADJACENT ZONING AND LAND USE
ZONING
N
S 7JD
E
W
EXISTING ZONING: Industrial (I)
LAND USE
Naples Production Park
Radio Square
Division cf Forestry
Public Storage/Mini-Warehouses
PROPOSED LARD USE OR P, ANGE OF USES : Industrial (I) and Business Park
"BP" zoning districts.
-1-
JUN ]997
AFFIPA~T
I, ~ ~ being duly Iworn, depose .nd
say that I am the'o)~ner of the property described herein
~nd which is the subject matter of the proposed heisting;
that all the answers to the questions in thil applic~tion,
and all sketches, data and other supplementary mater.
attached to and made part of this application, are honest
=nd true to the best of I¥ knowledge and belief. I under-
stand this application must be completed and accurate
b, fore a hearing ¢.n be advertised.
St=re of Florida
County of Collier
The foregoing Agreement Sheet was acknowledge before
me this ~7 day of~l~W~ , 199~
b¥_5~-~~$ ~[~&~/ , who il personally known to me
or )~ho hal' ~roduced -' :~ iden~.~a-
tion ~d who did {did take ~ oath.
. (sfgn~tUr p~~--
NOTARY P~BLIO
Commission ~
My Commission Expires
AGEI~ nA.I'[EM
SfdNATURE OF AGENT
State of Florida
County of Collier
The foregoinq Agr.eement Sheet was acknowledged before me this
I~ day o5 /~¢~1 , zg~_3by --~-~,//.~. , who
_pe'rsonally known' ~o-~re-or who has produced _
l~f~fi'~-~t'i'dh--a'r,d-Qho did (di~x~t) take an oath.
gnaturelf Notar~ Public)
NOTARY PUBLIC
Commission #
My Commission Expires:
is
as
-2-
AGENDA ITEM.
JUN Z 4:1997
DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPF/{TY? IF
SO, GIVE COMPL~.TE LEGAL DESCRIPTION OF INTIRE CONTIGUOUS PROPERTY:
NO
HAS A PUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPF~TY WITHIN THE
PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO.
IS THIS PROPER:FY CURRENTLY VACANT? YES X NO. IF THE ANSWER IS NO
PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES.
Jim's Stow Away Storage and Mini-wharehouses and open storage with
RV's, cars, and boats etc.
SIGNATURE OF PETITIONER OR AGENT
March 17, 1997
DATE
X , If petitioner is a corporation other than a public corporation, so
indcate and name officers and major stockholders.
* If petitioner is a land trust, so indicate and name name
beneficiaries.
* If petitioner is a partnership, limited partnership or other
business entity, so indicate and name principals.
* If p~atitioner is a lesee, attach copy of lease, and indicate actual
ow]3er$ if not indicated on the 'lease.
* If petitioner is a contract purchaser, attach copy of contract, and
indicate actual owners name and address.
-2-
JUN 3 1997
Utility Provisions
for
Conditional Uses and Rezones
1. NAME: PROGENY CORPORATION
2. ADDRESS: 3527 Radio Road Naplesr Florida 34104
PHONE: (941) 643-3530
3. LEGkL DESCRIPTION: E 1/2, SW 1/4, SE 1/4, SW 1/4, and WlI/2, SE 1/4,
SE 1/4, SW 1/4 of Section 36, Township 49 S, Range 25 E, less the
South 50 feet thereof, Collier County, Florida.
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system):
A. COUNTY SYSTEM EXISTING
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PACKAGE TREATMENT PLANT CAPACITY (GPD)
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
ae
B.
C.
D.
COUNTY SYSTEM
CITY SYSTEM EXISTING
FRINCHISED SYSTEM
PRIVATE SYSTEM
NAME:
6. TOTAL POPULATION TO BE SERVED:
7. PF2LK AND AVERAGE DAILY DEMANDES:
1. WATER-PEA/(
2. SEWER-PEAK
AVERAGE DAILY
AVERAGE DAILY
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM,
DATE SERVICE EXPECTED TO BE REQUIRED:
9. Provide a brief and concise narrative and schematic drawing of the
sewage treatment process to' be used as well as a specific statement
regarding the I~ethod of affluent and sludge disposal. If percolation
ponds are to be used, then percolation data of soil involved shall be
provided from tests prepared by a professional engineer.
-1-
JUN 3 4 1997'
P,. _
ENGINEERING DIVISIOI
Apdl 14, 1997
;Mr. Tom Killen, Agent
,2009 Trade Center Way
Naples, Flodda 34109
RE: 3527 Radio Road
Dear Mr. Killlen,
This letter attests that the subject property is wit/',[n'the City of Naples Water
Service arena and is served with water:under Aco3u~ #13927~50~.
If you have any que~ons,'please ~"not.' .l~ita~. to call meat 434-.4752.
Permit Coordinator '
AG£~DA
JUI,i 2 4= 1997
10. A statement, in writing, signed by the owner should be provided
agreeing to de.ed to the County Utilities the water distribution and
sewage collection facilities within the project area upon completion of
the construction of these facilities in accordance with applicable
County ordinances. This statement should also include agreement that
applicable system development charges and connection fees will be paid
to the County Utilities Division prior to the issuance of building
permits by the County Community Development Division. The statement
should also contain agreement to dedicate appropriate Utility Easements
for serving the water and sewer systems.
APPROVER:
COMM~ITS:
FOR OFFICIAL USE ONLY
DENIED:
UTILITIES ADMINISTRATOR
-2-
JUN .£ 4 1991
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
9536S; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "I"
INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMEN? KNOWN
AS PROGENY COMMERCE CENTER FOR INDUSTRIAL USES,
LOCATED TWO BLOCKS EAST OF AIRPORT PULLING ROAD ON
THE NORTH SIDE OF RADIO ROAD, IN SECTION 36,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 9.27 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Thomas ~. Killen, representing Progeny
Corporation, petitioned the Board of County Com~issioners to
change the zoning classification of the herein described real
property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Co~nissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 36, Township 49 South, Range 25 East,
Collier County, Florida, is changed from "I" Industrial to "PUD"
Planned Unit Development in accordance with the Progeny Commerce
Center PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 9536S, as described in Ordinance Number 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.
JUN 2 4 1997
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this __ day of ,
1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
MARJOF~[E M. STUDENT
ASSISTANT COUNTY ATTORNEY
-2-
JUN 2 ~ 1997
THE PROGANY COMMERCE CENTER
A
PLANNED UNIT ~I~ELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE
PROGANY COMMERCE CENTER A PLANNED UNIT DEVELOPMENT PURSUANT
TO PROVISIONS OF COLLIER COUNTY LAND DEVELOPMENT CODE.
PREPARED FOR:
PROGANY CORPORATION
3527 RADIO ROAD
NAPLES, FLORIDA 34104
PREPARED DY:
THOMAS E. KILLEN
ARCHITECT & PLANNER
NAPLES, FLORIDA 34109
DATE.REVISED BY CCP~
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENT AND REPEAL
Exhibit "A"
No./.~
JUN 1997
TABLE OF CONTENTS
TABLE OF CONg?ENT
PAGE
i
LIST OF EXHIBITS
ii
~TATEMENT OF COMPLIANCE
iti
SECTION I
PROPERTY OWNERSHIP & DESCRIPTION
thru 2
SECTION II PROJECT DEVELOPMENT
thru 2
SECTION III COMMERCIAL AREAS PLAN
thru 2
SECTION IV DEVELOPMENT COMMITMENTS
thru 4
dUN 2 ~ 1997
LIST OF EXHIBITS
EXHIBIT "A"
PUD Master Plan
STATEMENT OF COMPLIANCE
The development of an approximate 9.27 acre tract of property in
Collier County, as a Planned Unit Development to be known as The
Progeny Commerce Center and will be in compliance with the
planning goals and objectives of Collier County as set forth in
the Growth Management Plan. In particular The Urban District of
the Collier County Future Land Use Element pp. LV-1-39.
Commercial Project
The property is designated Industrial on the Future Land Use
Map to the Future Land Use Element of the Growth Management
Plan. The Future Land Element provides for transitional uses
at the perimeter of industrially designated areas which may
include appropriate types of commercial uses.The
introduction of some commercial uses of the type herein
propoued is therefor consistent with the transitional use
theme for perimeter uses at the boundary of Industrially
Designated Areas.
The subject tract is located two blocks east of Airport-
Pulling Road on Radio Road. This strategic location allows
the site ~uperior access for the placement of commercial
activities.
The property shall be in compliance with all applicable
County regulations including the Growth Management Plan.
The p::oject will be served by a complete range of services
and utilities as approved by the County·
The project is compatible with adjacent land uses through
the Collier County Future Land Use Element.
All final local development orders for this project are
subject to the Collier County Adequate Public Facilities
Ordinance.
iii
SL'C~ION
PROPERTY O~NERSHIP AND DESCRIPTION
1.1
~URPOSE
The purpose of this Section i~ to set forth the location &nd
owners~hip of the property, &nd to describe the existing
conditions of the property proposed to be developed under
the project name of Progeny Commerce Center.
1.2
LEGAL ~SCRII~T!ON
The subject property being 9.27 acres, is described as:
Section 36, Township 49 South, Range 25 East, E 1/2, SM 1/4,
SE 1,/40 SW 1/4, and W 1/2, SE 1/4, SE 1/4, SW 1/4, les~ the
South 70 feet thereof, Collier County, Florida.
1.3
PROPERTY OWNERSHIP
The subject property is currently under the ownership of
Prog.~n{ Corporation, 3527 Radio Road, Naples, Florida 34104
~.4 GENERAL DESCRIPTION OF PROPERTY AREA
Ao
The project site is located in Section 36, Township 49
South, Range 25 East, 3527 Radio Road, Naples, Flor/da
~4104
The zoning classification cf the subject property prior
ac) the date of this approved PUD Document was
Industrial [I).
1-1
1.5 PHYSICAL DESCRIPTION
The project is comprised primarily of existing Warm, house
Facilities and open storage. The project is prez~ently
serviced by Collier County Utilities for sanitary sew,,r and
the C~ty of Naples Utilities for water.
Elevat:ions within the projec': site range from 6.8 to 10.0
feet above mean lea level. Most of the area, however, falls
within the 8.3 to 9.3 feet of elevation category. The
existing site has been filled. The amount of caprock is
minimal. All of the site is in Flood Zone X according to
Firm Map 0394-D.
The =oil type on the site is primarily Immokale® fine .mend.
Sozl characteristics were derived from Soil Survey of
Collimr County, Florida, issued by the U.S. Department of
Agriculture (Soil Conservation Service) in March 1954.
1.6 SHORT TITLE
Thi.~ Ordinance shall be known and cited as the "Progeny
Com~.er¢:e Center Development Ordinance".
1-2
JUN ,3 4 1997
2.1
2.2
SL~I'I ON
PROJECT DEV£LOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to deline&te 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.
GENERAL
Regulations for development of The Progeny Co~mmerce
Center shall be in accordance with the contents of this
.~ocument, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier
'~ounty Land Development Code and Growth Management Plan
in effect at the time of building permit applic,~tion.
Where these regulations fail to provide developmental
:~tandards, then the provisions of the most similar
district xn the County Land Development Code shall
~ppl¥.
Bo
Unless otherwise noted, the definitions of all terms
~re the same as the definitions set forth in Collier
County Land Development Code in effect at the time
building permit application.
Co
All conditions imposed and all graphic material
presented depicting restrictions for the d,mvelopment of
The Progeny Commerce Center shall become part of the
regulations which govern the manner in which the PUD
l~ite may be developed.
Do
Unless modified, waived or excepted by this PUD, the
provisions of other sections of the land development
code where applicable rmmaxn in full force and .ffect
with respect to the development of the land which
comprises this PUD.
Development permitted by the approval of this peri=ion
will be subject to a concurrency review under the
~rovisions of Division 3.~5 Adequate Public Facilities
~t the earliest or next to occur of either final SDP
~pproval, final plat approval, or building permit
issutnce applicable to this development.
JUN 4 1997
2.3
D~$.C~RIFTION OF pROJeCT pLAN AND pRQPQ~ED LAND OS~__
A. The ~roject Master Plan, including ~ayou~ of m~rootB
and u~e of land, i~ illustratea graphically by Exhibit
"A", PUD M~ter Development Plan. Separate ~ractm may
be e~tablimhed at a subsequent time frame ~ep~nding
upon the sequence of ~evelopment aecisions.
B. In addition to the vmrioum area and specific items
shown in Exhibit "A", such easements ms nec~smarY
(utility, private, semi-public, etc. ) shall be
established within or along the variou~ Tracts a~ may
be necessary.
2-2
JUN 4 997
SECTION I I I
LAND USE PLAN
3.1
3.2
PURPOSE
The purpose of this Section is to identify the type of land
uses and development standards that will be applied to
development areas so designated on Exhibit "A".
USES PERMITTED
No building or structure or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other
then the following:
PERMITTED USES
2 o
o
Any use of land authorized as a permitted use in the
"I" Industrial and "BP" Business Park Zoning District
pursuant to the Sections 2.2.16.2.1, 2.2.16-1/2.2.1 of
the Land Developmerit Cod, by reference is hereby made a
part of this PUD.
Home Furniture, Furnishings and Equipment Stores
per Section 2.2.15.2.1.6 of the Land Development Code.
Building Material, Hardware and Garden Supply per
S~ction 2.2.15-1/2.2.1.5 of the Land Development Code.
3.3 DEVELOPMENT STANDARDS
Dimensional Standards
A. ~£NIMUM LOT AREA%.
B. ~INIMUM LOT WIDTH:
Ten thousand (10,000) square feet.
Seventy-five feet (]5').
M~INIMUM YARD REQUIREMENTS:
ti) From Radio Road - Fifty (50) feet.
(ii} From Perimeter Boundary- Twenty-five (25)
feet.
(:~ii) From Internal Driveways - Ten (10) feet.__
JU i 2 4 1997
(iv)
(v)
Between Duildi,p~{' (side yards).
Unified pla~,-' ~/2 the sum of the height of
walls from one another but not less than
fifteen (~5) feet.
On Individual Fee Owned bots~ ' Ten (10)
feet.
~here this
standards
Standard of
apply.
M__~AXIMUM HEIGHT:,
PUD does not provide specific
Section 2.2.16.4 Dimensional
the Land Development Code s;hall
Fi{fy feet (50').
~NIMUM FLOOR
thousand (1,000)
ground floor.
AREA OF PRINCIPAL STRUCTg~ESl One
square feet for each building on the
OFF-STREET PARKING AND OFF-STREET LOADING R~iNTS--~'-
off-street parking and Off-street loading requirements
per Division 2.3 of the Land Development Code shall be
required. Individual Tracts may have separate and
exclusive accesswaYs and parking areas or may, in any
combination of Tracts, share accessways and parkxng
lots, so that any two or more of the Tracts can
function together as a single shopping center. Any such
shared accesswaYs or shared parking facilities shall be
formally recognized by publicly recorded easements.
~bNDSCAPING: As required in Division 2.4 of the Land
D~,velopment Code.
M_~ERCHANDISE STORAGE AND DISPLAY: Unless specifically
permitted for a use, outside ~torage or display of
merchandise is p~ohibited.
~IGNS: As required in Division 2.5 of the LDC.
~]{~HITECTURAL STANDARDS:.
2~8 Architectural and
S~an.~ards shall apply to
S~ctxon 3.2.
The provisions of Division
Site Design Guidelines and
those uses authorized under
3-2
1997
BECTION
DEV~J~OPMENT COMM I TMENTS
PURPOSE
The purpose of this Section is to set forth the development
commitments for the development of the project.
4.2
4.3
G~NERAL
All facilities shall be constructed in strict accordance
with Final Site Development Plans, Final Subdivision Plans
and all applicable State and local laws, codes and
regulations applicable to this PUD. Except where
specAf.cally noted or stated otherwise, the standards and
specifications of Division 3.2. of the Land Development Code
shall alpply to this project even if the land within the PUD
is net to be platted. The developer, his successor and
assigns shall be responsible for the commitn, entz~ outlined in
this document.
The developer, his successor or assignee shall agree to
follow %he Master Plan and the regulations of the PUD as
adop~e,~, and any other conditions or modifications es may be
agreed to in the rezoning of the property. In addition, any
successors in title or assignees of the developer are bound
by the commitments within this document.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan illustrates the proposed
dovelopment and is conceptual in nature. Proposed
tract, lot or land use boundaries or special land use
boundaries shall not be construed to be final and may
be varied at any subsequent approval phase as may be
required at the time of final platting or site
d~.velopment plan application. Subject to the provisions
o' Section 2.7.3.5 of the Land Development (lode
amendments may be made from time to time.
Be
Ail necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities and
all common areas in the project.
4.4
~IGNS
All signs shall be in accordance with Division 2.5.
Land Development Code
of the
4.5 ENVIRONMENTAL AND ~tND$CAPING
ENVIRONMENTAL
An exotic vegetation removal, monitoring, and maint,~nance
(exotic-free) plan for the site shall be submitt,ad to
Current Planning Environmental Review Staff for revit~w and
appro%,al prior to final site plan~construction plan
appro~,al.
LANDSC, APING
All landscaping for parking areas shall be in accordance
with the Division 2.4. of the Collier County Land
Development Code in effect at the time of building ~,ermit
application, except as otherwise herein provided.
4.6 ENGINEERING
ao
The Developer is required to satisfy the requirements
of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order
r,elating to this site. This includes, but is not
limited to, Preliminary Subdivision Plats, Site
D~velopment Plans, and any other application that will
r,,sult in the issuance of a final or final local
d,~velopment order.
Bo
Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or
parcels are to be sold.
Access to each parcel o£ land created as a result of
platting shall be limited to the internal street
~ystem.
Work within the Collier County right-of-way shall meet
the requirements uf the Collier County Rights-of-Way
Ordinance No. 93-64.
fe
Design and construction of all improvements shall be
subject to compliance with the appropriate
of the Collier County Land Development Code,.
I JUN241997
4.7
UTILITIES
The development of this PUD Master Plan shall be subject to
and governed by the following conditions:
A. The sewage collection and transmission system to metre
this project is to be designed, constructed, conveyed
and/or owned and maintained in accordance with Collier
County Ordinance 88-76, as amended, and all other
applicable State, Federal and County rules, regulations
and policies.
Sanitary sewer facilities constructed within platted
public rights-of-way shall be conveyed to the Collier
County Water/Sewer District for ownership, operl, tion
and maintenance. Sanitary sewer facilities constructed
in private easements and/or private platted rights:-of-
w,~y shall be owned, operated and maintained by the
d,veloper, his assigns or successors.
B. Upon completion of construction of the sanitary sewer
facilities within the project, the facilities shall be
tested to insure they meet Collier County minimum
r~qu~rements at which time they will be conveyed to
Collier County and/or remain under private owners;hip,
prior to being placed into service.
C. The developer, his assigns or successors agree to pay
a~l system development charges at the time building
Furmits are required, pursuant to appropriate County
C. rdinances and Regulations in effect at the time of
permit request. This requirement shall be made known to
all prospective buyers of properties for which building
~ermits will be required prior to the start of building
construction.
D. Water service will be provided to the site by the City
of Naples.
4.8 TRANSPORTATIO~
Arterial level street lighting shall be provided at all
project access points when an internal ro:dway is
established which interconnects with Radio Road.
4-3
JUN 4 997 I
There is an existing e&stbound direction median opening
located at the existing driveway entrance near the
eastern end of the property. In addition, there is a
full median opening located at the western property
access. In the event this property is redeveloped from
mini-storage and outside storage, the provisions of
Ordinance 93-64 will require that westbound right turn
lanes be installed. Compensating right-of-way shall be
required as a consequence of the installation of this
turn lane at the time of Final site development plan
approval and pursuant to the provisions of Section
2.2.20.3.7 of the Land Development Code. In the avant
the applicant doe~ not comply with the requirements of
Resolution 92-422, the Collier County Access Management
Policy, the existing mad,an openings and median turn
lanes shall be subject to removal.
P~ior to any re-development of the property, a positive
drainage outfall shall be identified.
4-4
1997
I
I
I
I
I
I
I
I
I
I
_,
I
1
EXECUTIVE SUMMARY
PETITION AV 97-002 TO VACATE A PORTION OF TRACTS M-1 AND M-2 AND ALL OF
TRACT M-3 BEING PRIVATE ROADWAYS AS SHOWN ON THE PLAT OF CRYSTAL LAKE
TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGES 30-31, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (COMPANION ITEM TO THE
PLAT OF CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT.)
~: To adopt the Resolution for the vacation to allow roadway realignment on the replat of
the subdivision.
CONSIDERATIONS: A petition has been received by the Transportation Department from John
Maloney, Wilson, Miller, Barton & Peek, Inc., as agent for owner, Eagle Creek Properties, Inc.,
requesting vacation of a portion of Tracts M-1 and M-2 and all of Tract M-3 as shown on the attached
maps. The petitioner has found it necessary to vacate the Tracts to relocate the private roadway.
The easements contained in the aforementioned Tracts were dedicated on the plat and include Collier
County Utility Easements, drainage easements and the right of ingress/egress. The roadway platted
as Tract M-3 is a private road with maintenance responsibilities being assigned to Eagle Creek
Condominium Number 5 Neighborhood Association. The petitioner wishes to relocate the roadway for
future development and allow the Eagle Creek residents access to the commercial site via the
proposed companion item replat entitled Crystal Lake Terraces at Eagle Creel( Replat. All
replacement utility, drainage, and ingress/egress easements are dedicated on the replat. Letters of
No Objection have been received from all pertinent utility companies and authorized user agencies.
The Transportation Services Department has reviewed the petition and has no objec[ion. Zoning is
PUD.
E].~.C.~: Not applicable.
.GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition
AV 97-002 to vacate the above-described portion of the plat, authorize the execution of the Resolution
for the vacation of same by its Chairman, and direct the Clerk lo advertise the adoption of the
Resolution within 30 days and record a certified copy of the Resolution, proof of publication of the
notice of public hearing and proof of publication of the notice of adoption in the Public Records. and
make the appropriate marginal notes on the plat.
Russell D. Muller
Engineer,Jo .... ,, _...---.
REVIEWED BY: ,, /~'//--~~.~.*-_ .~- '
David ~. l~oba~c"~
REVIEWED BY: I~
f -
Ed Ilschner
Public Works Administrator
RDM/tm/042297/ES AV 97-002.doc
RESOLUTION NO. 97-~
RESOLUTION FOR PETITION AV 97.002 TO VACATE A
PORTION OF TRACTS M.1 AND M-2 AND ALL OF TRACT M-3
BEING PRIVATE ROADWAYS AS SHOWN ON THE PLAT OF
CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS
RECORDED IN PLAT BOOK 16, PAGES 30-31, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
6
7
8
9
10 WHEREAS, pursuant to Sections 177.101, 336.09 and 336.10, Florida
11 Statutes, John Maloney, Wilson, Miller, Badon & Peek, Inc,. as agent for owner,
12 Eagle Creek Properties, Inc., does hereby request the vacation of · ix)dion of
13 Tracts M-1 and M-2 and all of Tract M-3 as shown on the plat of Crystal Lake
14 Ten'aces at Eagle Creek, as recorded in Plat Book 16, Pages 30-31, of the
15 Public Records of Collier County, Flodda; and
16 WHEREAS, the Board has this day held a public headng to consider
17 vacating a portion of said plat as more fully described below, and notice of said
18 public headng to vacate was given as required by law; and
19 WHEREAS, the granting of the vacation will not adversely affect the
20 ownership or dght of convenient access of other property owners.
21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the following be and
23 is hereby vacated:
24 See Exhibit "A" atlached to and incorporated herein
BE IT FURTHER RE. SOLVED, that the Clerk is directed to advertise the
adoption of this Resolution once in a paper of general circulation in the County
within 30 days following its adoption.
BE IT FURTHER RESOLVED. that the Clerk is hereby directed to record
n cerlified copy of this Resolulion, the proof of publication of the notice o! public
hearing, and the proof of publication of the notice of adoption of this Resolution
in the Public Records of Collier County, Florida and to make proper notations of
this vacation on said plat.
This resolution adopted after motion, second and majority vote favoring
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
same.
DATED:
A3-TEST:
DWIGHT E. BROCK, Clerk
Approve( as to form and
leg,,al/~ufficiency!t
Assistant County Atlorne¥
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIMOTHY L HANCOCK, Chairman
RI'~M'tm/O42297 'Rel, o AVg?.O02 C~fstal Lake
-2'
?
WILSON, MILLER, BARTON & PEEK, INC.
Dcscnpuon of all of Tract M.3. and p.,at of'l'racts M. I
and M-:. accordmc to the pint of Cr)'st~J Lake Terraces at
Eagle Creek zs recorded in Plat Book 16. p:~les 30 through
Pubhc Records of Colher Count}. Florid:',
(Pomon to be Vacated)
AJI of Tract M-3 and pm of Tracts M-I :md M.2, according to the plat of Cr')'st,xl L~ke Ten'aces at EaGle
Creek u recorded m Plal Book 16. pages 30 th,rough 31, Pubhc Records of Colhcr County. Florida and
bemi more p~-fic~la.,ly described u follows
Beg~.ruxing at the northwest comer of sa.id Tract M-2.
thcn:e gong ~hc boundar'y ofs"d plat m the follo~'mg ~'o (2) described courses'
1) South 54°20'32" 1:asr 26000 feet,
2) South 89"20'32" East 47.39 feet.
then:e leaving said bounda~.' South 54°20'32'' East lOlL1 $9 feet to the cast line of said Tract M-I,
thcn:e along said east linc South 02*29'06" West 76 45 feet.
thenze leaving sa. id ezst fmc Ne~h ~0*.~?'54" West .19 .1] Feet.
then:e South 59°02'06" kVest I S 19 Feet.
then:e North 4Se30'54" \Vest 30 ?0 feet.
fl~enze Non.h 56'31'30" West -"93 19 feet.
thcn:e northv..cstetly 95 99 feet aJong O',e :~'c ora c~rcul~' cur.¢ conca'.e
sou.~'o..esteHy ha'.'~g ~ rachus o1'403 00 feet ff~ough :, cenrr:fl ~.~le of
13°35'51.. and being subtended by a chord v,~eh be:us Non.h 63'20 55" West 95 7'7
feet,
then(:e North 70°10'21" West 179 45 feet. to a poml of cu.p.'at~.u'e and the e~terly bound.u3' of Tr,,ct M-3.
thence along thc bounda,'T ofs~d Tract M-3 m the following five (5) described courses
I) southwesterly 88 18 feet aJong the a.'c of a circul.~' c~"x'c conc,ve no~twesterly ha','~rg a radms or
5900 feet through a central angle of 85*38'0? and being suNcn~4ed by a chord which bears South
26°15'33" kVcst 80.20 feet to a pome of reverse curvatuse,
2) southweslerly 16.75 feet along the arc ofn circuJ~ cun,'e concave southeasterly havin8 a radius of I? 00
feet 'J'~'ough a cenlral angle of 56"27'08" and being subtended by:~ chord v, hich be~'s South 40°S I'01'
West 1608 feet,
3) South 12~37'27'' Wes[ 17 66 feel.
4) southerly 41 41 feel along the arc ora orculw curve concave v, esterb haxang a fa&us of 103 O0 feet
~ough a central ~gle of 2YO2'ul" and being sub:ended by a chetd v,h,ch bears South 24°01~'27'' West
.41 13 feet,
5) $oath 3?39'25" West 50 I I feet to the south line ofs'-d plat.
theno: along s~d plat bound..'u3' Noel M~20'32" West .~99 06 feet.
theno: continue along sa~d plat bound.~.' Non..h 0t'%1'55" East 3'70 6.~ feet to the Pome of Beginning.
Subject to e~.sements and resmcnons of record
Containing 6 21 ncres more or less
Bearings are based on the southerly hne of sa. id Tract M-2 being Noah 54'20'32" West
W'[LSON, hflI LER. BARTON gu PEEK, LNC.
Regislered Engineers and L~d Surx¢.vots
/, 2',-; 77
Rcf 2J-80
FEB 2 I sg?
ATTAC}{MENT D
PETITION TO VACATE. ^VANDON. DISCONTIh'UE. OR CLOSE
Date Received:
Petitioner:* 'EaRle Creek Properties, Inc.
Address: al EaRle Creek Dr. Telephone: 775-2227
City/State:_Naples~ FL Zip Code: 34113
Agent: ~ohn Maloney~ Wilson~ Miller~ Barton & Peek~ Inc.
Address: 3200 Bailey Lane, Suite 200 Telephone: 4941} 649J'~040
City/State: ~aples~ FL Zip Code: 34105
Location: Section 3 Township 51
h~gal Description: Part of Tracts M-l, M-2 and M-3
Range 26
Subdivision: Crystal Lake Terraces at Eagle Creek
Plat Book 16 Page(s) 30-31
Reason for Request;
To relocate roadwa}, for future development and allow Ea~.le Creek residents access
to commercial site.
Current Zoning: PUD Does this affect density?__
I Hereby Authorize Agent Above to Represent Me for this Petition:
Ye s x No
Si~ure of ~iotner Date
PrLn:ed Title
No
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 Services Di4ision
Collier County Government Complex
Naples, Fla. 33962
Telephone: (941) 774-8494
*(1)
(2)
(3)
(~)
(5)
RDM/kc/O$2095/739
If applicant is a land trust, so indicate and name beneficiaries.
If applicant is corporation other than a public corporation, so indicate
and name officers and major stockholders.
If applicant is a partnership, limited partnership or other business
entity, so indicate and name proincipals.
If applicant is an owner, indicate exactly as recorded, and list all other
owners, if any.
If applican~ is a lessee, attach a copy of lease, and indicate actual
o~ers if not indicated on the lease.
[---
i
DEDICATION
STATE OF FLORIDA]
) SS.~
COUNT7 OF COLLIER)
PLAT BOOK 16 PAGE 30
SHEET 1 OF 2
KNOW~ ~L ~EN BY THESE PRESENTS. THAT EAGLE CREEK PROPERTIES, INC.,
A FLORIDA CORPORATION. THE OWNER DF THE LANDS DESCRIBED HERE1N.
HAS CAUSED THIS PLAT ENTITLED 'CRYSTAL LAKE TERRACES AT EAGLE CREEK'
TO BE MADE AND HEREBY DEDICATES THE FOLLO~IN$:
I. TO COLLIER COUNT¥~ A NONEXCLUSIVE DRAINAGE EASEMENT OVER ALL THOSE
AREAS DESIGNATED ON THE PLAT AS DRAINAGE EASEMENTS (D.E.), ALL WITHOUT
RESPONSIBILITY FOR MAINTENANCE.
(~..DI~'~:) TO COLLER COL~ITY WATER-~EW~R D~TRI~T UPON ~~ ~ ~ I~S
F~D ~ ~ ~T.
:~. TO COLLIER COUNT~ A NONEXCLUSIYE R~HT OF INGRESS AND EGRESS OVER
THOSE AREAS DESIGNATED ON THE PLAT AS C.U.E. FOR THE PURPOSE OF
REPAIRING. ~A]NTA~NING AND REPLACING THE ~ATER ~CLI~IES
PROVIDED THAT BY ACCEPTING TH~S PLAT FOR F~LING. COLLIER COUNTY
t, SSUNES THE RESPONSIBILITY FOR REPAIR AND RESTORATION OF THE SURFACE
OVER ]HOSE AREAS DESIGNATED AS C.U.E.. ~HICH FRO~ T]~E TO T~E
D~STURBED BY COLLIER COUNTY, OR ITS AGENTS ENTERING ON SA~D EASEMENT
~,REAS FOR THE PURPOSES DESCRIBED HEREIN.
4. TO FLORIDA PO~ER AND LIGHT COMPANY. UNITED TELEPHONE CO,PANT AND
CABLE TELEViSiON FRANCHISE CO~PANT~ A NON-EXCLUSIVE UTILITY EASEmENt.
(U.E.), AS NOTED OR INDICATED ON THE PLAT FOR THE PURPOSE OF
CONSTRUCTION. INSTALLATION, ~A]NTENANCE AND OPERATION OF ELECTRIC.
TELEPHONE AND CABLE TELEVISION FACILITIES. PROVIDED THAT B~ USING SUCH
UTILITY EASEMENTS OF FLORIDA POWER AND LIGHT COMPANY, UNITED TELEPHONE
COMPANY. TELEVISION FRANCHISE COMPANY. INDIV~DUALL~ AGREES TO ASSUHE
RESPONSIBiLiTY FOR REPAIR AND RESTORAT10N OF THE SURFACE AREA OVER THE
UTILITY EASEMENT ~H~CH FRO~ TIHE TO TI~E HA~ BE DISTURBED B~ SA~D
UTiLiTY CO~PAN~ES. FOR THE PURPOSE DESCRIBED HEREIN. NO CONSTRUCTION.
iNSTALLATION. ~AINTENANCE OR OPERATION OF CABLE TELEVISION FACILITIES
S:dALL INTERFERE WITH THE ELECTRIC OR TELEPHONE FACILITIES AND SERVICES.
~N THE EVENT A CABLE iELEV]SION CO~PAN~ DAMAGES THE FACILe;lES OF
ANOTHER PUBLIC UTILITY. IT SHALL BE SOLELY RESPONSIBLE FOR SAID DAMAGE.
5. TO EAGLE CREEK CONDO~]N~UH NUMBER 5 NEIGHBORHOOD ASSOC~AT'[ON. ~NC..
A FLORIDA CORPORATION NOT FOR PROF]T~ A NONEXCLUSIVE R~GHT OF INGRESS
AI~D EGRESS OVER THE CO~ON AREAS SHO~N ON THE PLA~ INCLUDING TRACT
'H-3'. AND OVER ALL THOSE AREAS DESlCNATED ON THE PLAT AS DRAiNAgE
EASE~ENtS (D.E.). PROVIDED THAT SAID EAGLE CREEK CONDO~IN~UH NUHBER 5
NEIGHBORHOOD ASSOCIATION. INC.. A FLORIDA CORPORATION, SHALL BE RESPONSIBLE
FOR THE ~A~NTENANCE. REPAIR AND REPLACEMENT OF SUCH CO~ON AREAS LOCATED
THEREIN.
IN ~TNESS ~HEREOF, THE ABOVE-NAHED EAGLE CREEK PROPERTIES. INC., A
FL. OR,DA CORPORATION, THE OWNER OF THE LANDS EESCRIBED HERE~N. HAS
CAUSED ~HESE PRESENTS TO BE SIGNED AND ~TTESTED TO BY THE PERSON
NA~ED BELO~ AND THE SEAL TO BE AFFIXED HERETO ON THIS DA~
OF . ~989 A.D.
~TNESSES E~GLE CREEK PROPERTIES,
- A FLORIDA CORPORATION
.....................
CORF ORATE ACKNOWLEDGMENT ~ ~...:'"
.
COUNTT OF COLLIER)
AUTHORIZED tN THE STATE A D COUN~ AFORESAID TO T E AC NO LED~E-
~ENTS PERSONALLY APPEARED HAROLD A. ROAN. JR.. ~0 HEAND DY
KNOWN TO BE THE PRESIDENT OF EAGLE CREEK PROPERTIES. INC..
A FLORIDA CORPORATION, NAHED AS DEDICATOR ON THE FOREGOING PLATi A~ ~_ 'i
THAT HE ACKNOWLEDGED EXECUTING THE SAME VOLUNTARILY UNDER AUTHORIT..Y,../:3U&;~ "'
VESTED IN HIM BY SAID CORPORATION.
~'-27-1997 12;.~Eii::~ Fl::i~ ~ I:' ~ 9al ~ 237.~ P. 2
cxgle creek
May 27, 1997
COM~fUNITY A~i)CIATION, INC.
John P. Maloney, P.S.M.
Wttmn, Miller, l~srton & Peek
3200 l~tiley Lan~, Suite 200
Napl~s, FL 34 I0~a8507
Proposed Vacation of all of Tract M-3 ~nd
Pa~ of Tract M- 1 ~nd M-2, Accord~ to th~
Flat of Cry~tal L~e Terraces a: EaSe C~
P~t B~k 16, Pages 30-31, ~d ~ ~on 3
To~p $1 ~, ~ 26 ~sL
~ Cotm~, Flo~da
Eagle Creek Community Association, Inc., ecl Eagle C.r~k of Naples C,~domlniu~
Association, Inc., has no objection with the propc~ed vacation of the above refer~n~d FOnion
of the pht for Cry~,~l I~ke Tezrac~ at F~gle Creek (aka Eagle Creek of Naples C. or',do~inlum
No. 5).
Additionally, we lutve r~icwed the proposed replat, File No. ~1330, ~ May 8, 1997, ~d
f~d no ~je~on ~ t~e ~d ~e~s e~men~
P~iden~ ~e C~ek of Naples C~do~ ~on, ~c.
~r, Fagle Cr~,~. Cornrnunlty As.r, ociidon, Inc.
Ftesidg~t. Eagle Cte:k Co~'~uz'dty Association, Inc.
_ II I
COLLIER COUN~FY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES. FL 33942
(941) 645-8400
..'% CERTIFIED BLL'E CHIP COMMUNITY
April 4, 1997
Mr. John Maloney, P.S.M.
Wilson, Miller, B;~wton & Peek, Inc.
3200 Bailey Lane
Naples. FL. 34105
RI:: CD'stal Lake Ten'aces at Eagle Creek
Dear John:
Please be advised that this office has reviewed you petition to vacate a portion of right-of-way and
replat in Cr).'stal Lake Terraces at Eagle Creek. and we have No Objection to the vacation and replat.
If I can be of an)' further asistance to you in this regard, please let me know.
Sinclair.~:~.J~ i~
John R. Houldswonh
Senior Engineer
cc: Russ Muller, Transportation Services
CO.MMUNITY DEVELOPMENT SERVICES DIVISION
COLLIER COUNTY GOVERNMENT i a~. ~
~APLES. FL 33942
.~. CERTIFIED BLL'r CHIP
PLANNING SERVICES
April 18, 1997
Mr. John P. Maloney, P.S.M.
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Re: Petition to vacate a portion of plat for Eagle Creek
Dear Mr. Maloney:
This letter is in response to your request for a staff determination of
no objection to a proposed vacation of a portion of the plat fox' Crystal
Lake Terraces. This includes the vacation of certain drainage easements,
Collier County utility easements, and private right-of-way easements as
referenced in your April 16, 1997 letter. Please note that this review
is from a planning standpoint only. From the information provided, it
appears that the proposed vacation is consistent with the Eagle Creek
PUD Master Plan and will not adversely impact traffic circulation. As a
result, the Current Planning Staff has no objection to the above
referenced vacation proposal.
Researched and Prepared By:
Reviewed By:
Ray
Principal Planner
RVB/rb/VACATiCN LETTER
Robert Mulhere, ~ICP
Current Planning Manager
Enclosure
cc: Donald W. Arnold
Robert J. Mu~.here
David F. Bobanick
Russell Muller
Norma Boone
File
LNMENg: .-- -v
~OK.KS DIVISION
February 20, 1997
Mr. John P. Maloney, P.S.M.
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105-8507
Re'
Petition to Vat. ale and replal that pnrtion nfn plat for
Crystal Lake Terrace at Eagle Creek;
33Ol E. TA.Xli,a.M! TRA.IL
NAPLES. FL 34112
¢941~'32-25-5
FAX {941~ 732.2520
..~ ,. I:R"rlFI£D BLL'£, HIP r ~ LMML'NFF~
Dear Mr. Maloney:
This office has reviewed your request to vacate and replat that portion ora plat for Crystal
Lake Terrace at Eagle Creek.
The Collier County Water-Sewer District has existing v,'ater facilities within the area
requesting to be vacated. However, it is our understanding that the existing water main will
be relocated within a proposed Collier Count.,,' Utility Easement (CUT-) as shown on the
proposed plat for Crystal Lake Terrace at Eagle Creek.
The Collier County Water-Sewer District have no objection to the relocation of the water line.
providing replacement Collier Count5.' Utility. Easements (CUT.). and the relocated water main
are approved by Collier Count3' Communits' Development Sen'ices. and accepted by the
Board of Count.',' Commissioners.
Should you ha~ e any further questions, please feel fie,.' to contact me.
Sincerely,
Cindy M. Erk;/
Public Works Senior Engineering Technician
CCl
Edv,'ard N. Finn, Public Works Operations Director
Raymond W. Miller, Interim Public Works Administrator
Michael Ne',vman. Water Director
Russ Muller, Transportation Sen'ices
April 16, 1997
Mr. lohn Boldt.
Collier County Stom~water Management
3301 E. Tsmi~u'ni Trail, Bldg. H, 3rd Floor
Naples, FL 34112
Petiticn to vacate and replat for portion of plat for
Crysud Lake Terrace at Eagle Creek, Plat Book 16, pages 30-31,
located in Section 3, Township 51 South, Range 26 East, Collier County
Dear Mr. Boldt:
Eagle Creek Properties, Inc. intends to petition the Board of County Commissioners or' Collier County,
Florida to vacate a pon-ion of the plat for Crystal Lake Terraces at Eagle Creek located in Section 3,
Township 51 South, Range 26 East, includ~g the vacation o£ certain drainage easements, Collier
County utility easements, private fight-of-way easements, and utility easements ',herein. A sketch of
the property showing the easements is aaached. Ii'the Petidon is granted, Eagle Creek l~-operties, Inc.
will provide replacement easements on its property consistent wkh the enclosed replat fox' the roadway
realignment which is the remon for the vacation proceedings.
This is to request a letter of approv~ pertaining the proposed roadway relocation. I have enclosed two
copies of the proposed re-plat for your review.
We would appreciate a response at your earliest convenience allowing them to then be processed by
the Board of County Commissioners. ~./.~ ~/~
S~cerely,
WILSON, MILLER, BARTON & PEEK, INC.
EHCS.
CC~
N.~I
~LIER ~~~
7
TO: JOHN MALONEY
FROM: JEFF PAGE, EMS COMMANDER
3301 E. TAMIAMI TRAIL
BUILDING H
NAPLES, FL 34112
(94~) 774-8459
FAX (941) 775-4454
DATE: 3/12/97
REFRENCF: PETITION
Dear John,
Please except this letter of approval from the Emergency Services Departraeat
for your proposed roadway relocation in Eagle Creek. If we can be of any further
sen'ices, pl,:ase let me know.
~ 3 I¢2-7
Respectfully,
l riff : ort u.ier
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
May 16,1997
Mr..loire P. Maloney, P.S.M
Wilson, Miller', Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105-8507
Petition to Vacate and Replat for Portion of Plat for
Crystal Lake Terrace at Eagle Creek, P. B. 16,
Pages 30-3 l, Section 3-51 S-26E, Collier County
Dear Mr. Maloney:
Staffhas reviewed your request for a letter of"No Objection" for the above described project. The
vacation and replat is as described in your letter of April 16, 1997, listed above, involving the
relocation of a cul-de-sac.
The Sheriff's Office reviews these requests to determine if the granting of the vacation will have
any foreseeable negative effect on our ability to provide law enforcement services to the ar,~. These
services include emergency response, patrol, and traffic enforcement.
So long as the vacation, either now or in the future, does not impinge on our ability to deliver these
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:jab
cc: Vacation File
c :\vepv,~60~1tr9%maloney. Ii '
Sincerely,
n'Fldhter,' Sheriff
lief County, FL
WE SUPPORT
WE SPONSOR
THE FLORIDA SHERIFFS YOUTH RANCHES
C O L L I E R C O U N T Y J R D E P U T Y L E ~, G U,,E._/ l. ~-C_ ~'
. ., .. ;.._,7
COLLIER COUNTY E XPLORE R POSt · 6414
Floflda Power & Light CemlJa~y.4105 15(k Avemm S,. W.. ~ FL ~
March 11, 1997
Mr. John Maloney
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, Fl. 34105
BE:Crystal Lake Terrace at Eagle Creel: vacation and replat.
Dear Mr. Maloney,
This is to confirm that Florida Power & Light Co. has no
objection to the vacation of a portion of the plat for Crystal
Lake Terraces at Eagle Creek, located in Section 3, Township 51
South, Range 26 East, Collier County Fl.
This is contingent on the FP&L easement for a power pole and
anchor as recorded in O.R. Book 985, pages 49-52 not being
vacated.
If I may be of any further help in this matter, please ccntact me
at our Golden Gate office (941-353-6040).
Sincerely,
G. J. Gratt on
Construction Service Designer-FPL
an FPt. Group company
March 11, 1997
1997
RoHdl Pow.r & Light Compiny.41~ 1SOl A~ue S. W~ r~le.~ K ~
,..,~,R '.'.~. :: ~
r...L.._d..-! ..... .,,~
Mr. John Maloney
Wilson, Miller, Barton * Peek, Inc.
3200 Bailey Lane Suite 200
Naples, Fl. 34105
RE: Replat of Crystal Lake Terrace at Eagle Creek
To Whom It May Concern:
FPL Company has reviewed the proposed plat for the above
mentioned project and has found the proposed platted easements to
be satisfactory.
It is understood that FPL Company my require additional electric
easements within the boundaries of this project to complete the
installation of our facilities.
Should you have any question, please contact me at (941) 353-6040
or 4105 SW 15 AVE, Naples, FL 33999.
Sincerely,
G.J.Gratton
Construction Services
gjg:gJg
in FPL Group comp'ny
Box 24 ,"~.
Na~les, Flor%dj ~4106-24--
March 10, 1997
Mr. John P. Maloney
Wilson, Miller Barton & Peek, Inc.
Wilson Professional Center, Suite 200
3200 Bailey Lane
Naples, FL 34105-8507
RE:
Petition to Vacate and Replat for Portion of Plat for
Crystal Lake Terrace, at Eagle Creek, Plat Book 16,
Pages 30-31, SEC 3, TWP 51S, RNG 26E, Collier County
Dear Mr. Maloney:
This lett:er is in response to your request dated January 28,
1997, concerning the petition to vacate and replat a portion
of the plat for Crystal Lake Terrace at Eagle Creek. Sprint-
Florida, Inc. has no objection to the replat as stated in
your letter.
I understand that replacement of the utility easements will
be dedicated to cover the proposed telephone plant when
service is requested.
If you have any questions, please contact me at 941-263-6274.
Sincerely,
Joyce F. Goddard
Network Engineer I - E&C
JFG:tu
cc: Chron File
Continental Cabl,evision
P.O. Box 413018 · 301 Tower Rd.
Naples, FL 34101-3018
Phone: (941) 793-9600 · Fax: (941) 793-1317
February 11, 1997
John P. Maloney, P.S.M.
Wilson, Mille;, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, FL :N105-8507
Re:
Proposed Vacation of all of Tract M-3 and
Part of Tracts M-1 and M-2, According to the
Plat o[ Crystal Lake Terraces at Eagle Creek,
Plat Book 16, Pages 30-31, Located in Section 3,
Township 51 South, Range 26 East,
Collier County, Florida
Dear Mr. Maloney:
Continental Cablevision of Southwest Florida has no objection with the proposed vacation
of the above referenced portion of the plat for Crystal Lake Terraces at Eagle Creek.
Additionally, I have reviewed the proposed replat and found no objection with the utility
easements being provided for the installation of our facilities.
Sincerely, / ,/ .
Nestor M. Martin
Director of Engineering and Construction
NMM/~dr
LLIE~: COU~;,T¥
[ PUD
C'~ D ~v' S DEED
/$, ;oO/ Z~o. oD
o
THIS I?]DE!-,'TURE, made^the ~' day of November, 1987,
~et~een I.~AX~A[4 PROPERTM, INC. [successor by merger to I.~.AXXAI4
pRO?E.:,TI~S, IblC., a Ne'w 'fork corpora%ion, formerly known as T;-;iN
FAIR HOLDINGS, INC.), a Deled'are corporation, party of the first
part, having an office c,'o MCO Holdings, Inc. 10880 Wilshire
Bculevard, Los Angeles, California 9002& and EAGLE CREEK
?F, OPERTiES, INC., a Florida corporation, party of the second
part, having an office at 1 Eagle Creek Drive, Naples, Florida
33962.
W I TNES SET~
That the party of the first Dart, for and in con:si-
dera~ion of the sum of Ten Dollars, i~ hand paid by the p;~rty of
the seco:nd part, and other gccd and valuable consideration, does
hereby grant and release to the party of the second part, the
successors and assignm of %he party of the seccnd part forever,
all %!~at certain plot, piece or parcel of land, with the build-
in~s and improvements thereon erected, situa~- lying and being
in Collier Coun%y, Florida, and being bounded and described as
set forth in E>:H!BIT A annexed here:o and made a part hereof·
TOGk-THER with al! right, title ~nd interes:, if any, of
:he party of the first part'in and to any stree~$ and roads abut-
ting the. above described premises ~o %he center tines =hereof.
TOGETHER with the appurtenances and all the estate and
rights of the par~y of r. he first part in and to the premises
herein ~;ranted.
· ' LESS ~ EXCEPTI~IG from the above described prem.ises
(i) ~he parcels of land, with the buildings and improvements
~hereon erected, bounded and described as set forth in EXHIBIT B
anne;ced hereto and made a par= hereof, and (ii) the condominium
units and the common elements appurtenant thereto described a~
set forl:h in EKHIBIT C annexed hereto and made a par~ hereof.
Parcels A, B and C described in EXHIBIT A intended to be
the same premise= conve~ed to t_he party of t_he firs= ~ar'~ by City
National Bank of Miami, a United States Banking Corporation, as
Trustee under the provisions of a ce?rain Trust Agreemen~ da~ed
the 19th day of October, 1981, known as Trust Number 01-5006193,
by deed (the "Trustee Deed") dated April 24, 1984 and recorded in
O.R. Book 1079, at page 73 in the Public Records of Collier
County, Fl¢.rida on April 25, 198&: and Parcel D described in
'%
OR BO0 `1 PA[ E $?
0
£×KIBIT R intended to be part o£ t.he sane premises conueyed to
~he pzr~y of ~he firs~ p~r~ by Capico, a Florida General
ner~hip, by daed da%ed October 23, 1985 and recorded in O.R.
1162 m% p~qe 12~5 in %he ?ub~ic Records of Collier County,
F~orld~ cn Oc%cber 31, 19S5.
'~,'D TO HOLD the premise5 herein qranted
TO HAVE n..
p~r%y of ~ke ~econd par~, [~ successors and a~si~ns forever.
TKIS DEED ~S MADE WITHOUT ~Ep~SENTATION O~ WArPlANe.
EXPRESS OA ~MPLIED', OF A~ KIND.
IN %~ITNESS ?~E~OF, the p~rty of the first p~rt has duly
executed this deed ~ %he day mhd year firs~ ~ri~en above.
In the ~resence of: ~ pROPErTIES, INC.
By:
) 'cS-:
The foregoing instrument was ac-knouledged before me this
/Q~s;Je~+ of [.,zxx~ .r~perties, Inc., a Delaware
~orpora~:ion, on ~ehaLf of ~e co~oration. .. .'
This instrument was prepared by:
M. Frances Buchinsky, Esq.
Kramer, Levin, )lessen, Kamin & Frankel
919 Third Avenue
Ne'; York, New York 10022
NOTARY F
Qumll.qe.d in Ro:kl::nd Count'fA,s'
· ..: ..: ..'.
-2-
· -. P/ gE
'£O DEED, DATED^NOV'~:v:BER 1987,
::r~:r.%~ l ES 1 I','C ~s Grantor,
from I.~ A~L%]'% .........
- :-' ~=S, I1~C as Grant~
~o EAGLE C~ESK r~O.m~T.- -,
(includinq pages A-1%hrouqh
PARCEL ~
All that part of Section 3 and all that part of Section 4,
.Township 51 South, Range 26 East, Collier County, Florida and
being more particularly described as follows:
Commencing at the West 1/4 corner of Section 3, To'wnship 51
South, Range 26. East, Co!!ier County, Florida: thence along the
%~est line of said Section 3, North 1"-00'-56" East 1071.77 feet
to the POI}IT OF 5EG!NNING of the parcel herein described;
thence South 54"-20'-32" East 1790.00 feet to the %4est Right-
of-Way line of Counn¥ Road ~51 (Isle of Capri Road);
thence along said Riqh~-of-Way line South 2"-29 -06" West
!S69.91 feet;
thence along -Jne Sou~h line of the Norr-h 501.49
South 1/2 of the Sou%h 1/2 of said Section 3, North 89"-24'-
O0" Wes= 1407.37 fee= to ~he Wes= line of ~aid Section
%hence along ~he said Wes~ line South 0"-27'-44" %~est 921.06
feet ~o the Sou%beast corner of Section 4;
thence along the South line of said Section 4, No:th 89"-17'-
32" West 1782.72 feet to the East Right-of-%4ay line of
Barefoot Williams Road; thence along said East Right-of-WaY
lin~ North 9"-03'-29" West 4147.92 feet;
~hence along {he Nor~-h line of the South 1/2 of the Northeast
1/4 of said Section 4, North 89"-19'-08" East 2485.59 feet to
~Lhe West line of said Section 3;
thence along said West line South 1"-00'-56" %lest 230.00 fee=
=o %he POINT OF BEGINNING of the parcel herein described.
o .o
Commencing ~ the ~-;es~ !/4 cor.-.;r of ~¢ction ~. Tounship S!
~hence ~ong ~P.~ Wes~ Line of ~id ~ec~ion ~, North 1~-
O'-5G" E~s~. 1071.77 fee~ %o :t.e PO~h~ O~ ~EGZMNI~'iG of ~he D~rcel
herein d~sc:ribed:
Thence continuing ~lcng the Wast line of szi~ ~ec:ion ~,
North 1°-0`-56" E~s~ 2~0 feet ~o ~he Sou-~es~ co.er of the
Nor-~es~ 1/G of ~e Nor~h~es~ 1/G of Section 3;
~hence continuing n!cng ~he West line of s~i~ Section 3,
Nor~ 1"-1''55" En~t 620.77 feet;
~hence North G9°-~3''55" Eas~ 25.01 feet:
~7%enc~ South 1"-1'-55" Wes% 868.55 feet;
%~hence North 54"-20'-32" West 30.30 feet to the pOi}~T OF
BEG ! ~ I }~G.
PARCEL C
The East 25 feet of the South !/2 of %he Southeast 1/4 of ~e
Northeast 1/4 of %he Nor~heas~ 1/4 of Section 4, Township'S1
South, Range 26 East, Collier County, Florida, less the North 30
feet for right-of-'~aY-
PARCEL D
Com,~encing at the ~.;est 1/4 corner of Section 3, Township 51
South, Range 26 East, Collier County, Florida; thence along the
West line of r_he South~est 1/4 of the Northwest 1/4 of said
Section 3, Mor~ Q!"O0'56" East 1071.77 feet; thence
54"20'32" East ~0.~-8 feet to --he POINT OF ~EGINNING of the parcel
herein described; thence North 01"01'55" East 370.~5 feet; .thence
South 54"20'32" East 260.00 feet; thence South 89"20'32" East
150.00 feet: thence South 54"20'32" East 4~0.O0 fe~t; thence
South Eg."20'32" East lO0.O0 feet; thence South 5~"20'32" East
41~.96 feet; ~hence Sou~h 02"29'06" West 271.35 feet; thence
South 87~30'5G" East 310.00 feat to .a point on the West :right-of-
way line of the Isle of Capri Road (State ~oad 951) which lies
South 02-~29'06" %{est 885.66 feet from the int~rsection of s~id
West right-of-uaY line with the Southwesterly right-of-waY line
of szid Ta.,~iami Trzil; thence along said West right-of-waY line,
South 02~29'06'' West 467.00 feet: thence North 54"20'31" West
.%
A-2
1759.62 £ee% to Kh~POINT OF ~EGII,IN~NG of the parcel herein
described; being a park of Khe NorKh~es~ 1/9 of SecKion 3,
To~n~hlp 5! $ou~h0 Range 26 East. Collier County, Florida.
.%
A-3
.'
UK MUUK
AS O~ ~, 198'/
TO DEED, D.L.'~ED,.~,~OV''-I'IEER '
,..A~_~...4 p.KOPE.KT!ES, INC as Grantor
from" .... ~ ' ' '
to EAGLE' CREEK pROPErTIES, Il.lC., a~ Gran~ee
{inc!udin9 pages B-1%o B-49)
LESS A~ID EXCE?T!NG from the premises described in
EXHIBIT A to this Deed the fo~!owing described parcels of lmnd,
with the buildings ~nd improvements thereon erected (e:{clusive of
any drainage or other easements subject Jo %~hich the parcels
conveyed):
l) All ~hat part of the "GOLF COURSE EAST" parcel of the "EAGLE
CREEl< COUNTRY CLUB" Trac~ Maps as recorded in Plat Book
pages 1 - 5, inclusive, Collier County Public' Records, Collier
County, Florid~ being described as
Commencing at ~he Sou%hezst Corner of Section 4,
Township 51 South, Range 26 Ezst, Collier County, Florida:
thence along the Eas~ line of said Section ~, North 0e-27'-
~4" Eas~ 280.03 feet to the POI~ OF ~EGINNING of the
~ Treatment Site herein'described;
~hence Nor~h.89"-32'-16" %~est 124.O0 fee~;
thence North '44"-32'-16" West 55.15 feet;
thence North 0~-27'-~4" Eas~ i91.O3 feet;
thence North 2~"-04'-44" E~st 119.81 feet:
thence ~!orth 0"-27'-44" East 75.00 feet;
thence South 89"-32'-16" E~s: 55.00 feet to a po!n:
on the East line of said Section 4;
thence ~long %he East line of said Section 4, Scu~h
0"-27'-44" West 525.00 feet to ~he POINT OF
being a pa?t of'~he Southeast 1/4 of Sec:ion 4, Township 5.1
South, R~nge 26 East, Collier County, Florida,
and being a part of the "GOLF COURSE EAST" pmrcel as sh¢%~ on the
Tract Map of "EAGLE CREEK CO~{T. RY CLUB" as recorded in ~!at ~ook
14, pages 1 - 5 inclusive, Public R~cords of Collier County,
Floridi,.
.%
B-1
UNIT OWNER
0301 AUSTIN, ROBERT
ALTERNATE BILL-TO-ADDRESS:
EAGLE CREEK CONOOMINIUM 15 ASSOCIATIOH
Unit Owner Master List
Address & Phones
ADDRESS
OPUS LEARNING, INC.
2563 ROBIN DRIVE
MISSISSAUGA, ONTARIO, CAN
LSK 2G2
ROBERT AUSTIN
OPUS LEARHING INC.
770 WATERFORD DRIVE, APT. 1301
NAPLES, FL 33962
PHONE
416-822-7~&7
N203
8ELOEN, WILLARO & DOOIE
ALTERNATE BILL-TO-AOORESS:
9t$ OUONOAGA STREET
LEWISTON, NY 14092
WILLARD BELDEN
780 WATERFORD DRIVE, APl. 1203
NAPLES, rL 33gt2
716-754-1216
732-6298
'.i04
BRENNA~ GERALD
ALTERNATE
0202 CLARK. LESTER
770 WATERFORD ORiVE 1304
NAPLES, FL 34113
GERALO BRENNAN
770 WATERFORD DRIVE, APT. 13C4
NAPLES, FL 34113
7435 VETURA $.E,
BARBARA CLARK
AL'Eo~'E BILL-TO-ACDPE!S:
GRANO RAPIOS, NI $954~
LESTER CLARK
770 WATERFORD ORIVE, APT. 1202
NAPLES, FL 34113
0104
P201
COOK, RICHARD ANO CAROL
ALTERHATE B[LL-TO-AOORESS:
4745 TURFWAY TRAIL
HARBOR SPRINGS, ~! 49740
RICHARD COOK
770 WATERFORD DRIVE, APT. 1104
NAPLES, FL 34113
616-526-B9~2
775-7604
DELANO, CAPT. VICTOR
ALTERNATE BILL-TO-AOORESS:
5610 WISCONSi'. ~VENUE 11409
CHEVY CHASE, HO 20815
VICTOR DELANO
760 WATERFORD ORIVE 1201
NAPLES, FL 34%13
ECP EAGLE CREEK PROPERTIES,
1 EAGLE CREEK DRIVE
NAPLES, FL 34113
EAGLE CREEK CONOO~INIUM 15 A$SOCIATIOM
Unit Owner ~iSttT List
Address & Phones
UNJl OWNER
Pi03 ECP1233,
ALTERNATE 8ILL-lO-ADDRESS:
ADDRESS
ONE EAGLE CREEK DRIVE
NAPLES, FL 34H3
ECP
760 WAIERFORD DRIVE 1103
NAPLES, FL 33962
P~ON[
P202
ECPI236,
ALTERNATE 8ILL-lO-ADDRESS:
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
ECP
760 WATERFORD ORIVE 1202
NAPLES, FL 34113
P203
ECPt237,
ALTERNAIE BiLL-lO-ADDRESS:
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
)OSEPH IANUZZO
760 WATERFORD DRIVE 1203
NAPLES, FL 34113
P302 ECPI2&O,
ALTERNATE BILL-TO-ADDRESS
ONE EAGLE CREEK DRIVE
NAPLES. FL 34113
ECP
760 WATERFORD DRIVE 1240
NAPLES, FL 34113
P303
ECPI241,
ALTERNATE BILL-TO-ADDRESS
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
[CP
760 WATERFORO DRIVE 1303
NAPLES, FL 3,113
0203 FLYNN, W. PAUL
85 HAIN STREEI
203-934-2321
ALTERNATE BILL-TO-ADDRESS:
WEST HAVEN, CT 06516
W. PAUL FLYNN
770 WATERFORD ORIVE, APl. 1203
NAPLES, FL 33962
793-4060
N103 GLEASON, ROBERT I NAUREEN
ALTERNATE BILL-TO-AODRESS:
780 WAIERFORD DRIVE 1103
NAPLES, FL 34113
ROBERT GLEASON
780 WATERFORD DRIVE, APT. 1103
NAPLES, FL 3,113
732-1291
UNIT OWNER
0101 NIRT, DAVID & LYMN
ALTERNATE BILL-TO-ADDRESS:
M302 KLIEWE, SCOll
EAGLE CREEK COMDONIHIUM IS ASSOCIATION
Unit Owner Master List
Address & Phones
ADDRESS
$34 CEDAR LAME
BATESVILLE, IN 47006
PNONE
B12-931-250B
732-6244
DAVID HIRT
770 WATERFORO DRIVE, APT. 1101
NAPLES, FL 34113
200 N. BARFIELO DRIVE
H-201-529-3757
ALTERNATE BILL-TO-ADDRESS:
HARCO, FL 3(145
SCOTT & ROBERT KLIEQE
780 WATERFORO ORIVE, APT. 1302
NAPLES, FL 34113
03O3
KR1Z. WILLIS & CAROLY~
)LTER~ATE BI;L-TO-AODAESS:
770 WATERFORO DRIVE t303
NAPLES, FL 34113
WILLIS P. KRIZ
770 WATERFORO ORIvE. APT.
MAPLES, FL
732'1982
0302
LOFIUE, SHARON K.
ALTERNATE BILL-TO-ADDRESS:
7410 SHADOWBROOK CT.
GRAND RAPIDS, MI 49546
SHARON K. LOFTUS
770 WATERFO~O DRIVE, APT. 1302
NAPLES, FL 34113
100 LAKESNORE ROAD E., SIE 11007
793-4303
416-B49-I6Bb
0201 MARTIN. NAROLD
AuTERNATE EILL-TO-AODRESS:
N304 Mc FADDEN, PATRICK & CAIHERINE
OAKViLLE,ONTARIO
CANADA,
HAROLD MARTIN
770 WATERFORD DRIVE, APT. 1201
MAPLES, FL 34113
i3BO PAXTON PLACE
732-1486
2i5-566-5235
ALTERNATE BILL-TO-ADDRESS:
N202 MORIN, HERMAN & BONNIE
MEDIA, PA 190b3
PATRICK Mc FADDEN
780 WAIERFORD DRIVE, APT. I]04
NAPLES, FL 33962
311 FAYETIE DRIVE
77S-1547
315-637-6097
ALTERNATE 8ILL-TO-AOO~ESS:
FAYETTEVILLE, NY 13066
HERMAN MORIN
7BO WATERFORD DRIVE, APT.
NAPLES, FL 34113
732-1923
UNIl OWMER
P301 MOSELEY, WILLIAM $ ~AT
ALTERNATE BILL-lO-ADDRESS:
EAGLE CREEK CONOONINIUM IS A$$OCIAIlON
Unit Owner Master List
Address i Phones
ADDRESS
P. O. BOX 17~
EBONY, VA 23845
WILL1AM NOSELEY
750 WATERFORO ORIVE 1301
NAPLES, FL 34113
949 N. $1AlE ROAD 25
219-722-~C'B!
PlO1 OLDHAR, RAR3ORIE
ALTERNATE BILL-TO-ADDRESS:
N204 PITNER, 30SEP" & GA)NELLE
LOGANSPORT, IN 46947
HAR3ORIE OLDHAN
760 WATERFORD DRIVE 1101
NAPLES, FL 34113
P. O, BOX 230
&lS-684-5434
ALTERNAIE BILL-TO-ADDRESS:
SHELBYVILLE, TN 37160
]OSEPH gIlNE~
780 WATERFORD DRIVE 1204
NAPLES, FL 3¢113
732-1238
PlC2 PROPERTIES, EAGLE CREEK
ECP1232
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
P204 PROPERTIES, EAGLE CR:{EK
ALTERNATE BiLL-TO-ASDRESS:
[CPI23B
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
ECP
ONE EAGLE CREEK DRIVE
NAPLES, FL 34113
N201 ROTH, LEO F. & PURITA
ALTERNATE BILL-TO-ADCRESS:
780 WATERFORD DRIVE
APT 1201
NAPLES, FL 34113
LEO ROIH
780 WATERFORD ORIVE 1201
NAPLES, FL 34113
[ULENUEG 22
793-2920
011-49-4131-B7070
0103 SCHOLZE, DR. ALWIN
ALTERNATE BILL-TO-ADO~ESS:
21337 LUENEBURG
GERMANY,
DR. ALWIN SCHOL1E
770 WATERFORD DRIVE, APT, 1103
NAPLES, FL 33962
774-7340
u) :
OWNER
ALTERHA~E BILL-TO-AODRESS:
0204 SHORT, HARRY AND BEITY
EAGLE CREEK CONDOHINIUN 15 ASSOCIAIION
Unit Owner HasLer List
Address & Phones
ADDRESS
1BO WAIERFORO DRIVE 1101
NAPLES, FL 34113
SHIRLEY SHAUGHNESSY
780 WATERFORD DRIVE, APT. I10!
NAPLES, FL 34113
2727 HAVERFORD ROAD
PHONE
775-4227
ALlERNAlE BILL-TO-ADORESS:
ARDHORE, PA 19003
HARRY SHORT
770 WATERFORO DRIVE, APT.
NAPLES, FL 33962
732-0290
780 ~ATERFORD DR. I10(
NAPLES, FL 34113
780 WAIERF~iD ~RIVE,
NA~LES, FL 34113
793-4249
SIENna. ~A~¥IN & ]ACOVELINE
ALiERNAIE BILL-TO-ADDRESS:
N303 SILVERBERG, ABE & ~THLEEN
129~1 CHOCI~Q ROAD
P~LOS HEiGHIS, IL 60403
HARVIH SIENSA
76~ W~TERFORD OR. 1304
NAPLES. FL 34113
101 SOUTH TIHBERTOP DRIVE
713-367-3143
ALTERNATE BILL-TO-ADDRESS:
THE WOOOLAHOS, TX
A~E SILVERBERG
773B0
793oS7t2
780 WATERFORO DRIVE, APT. 1303
NAPLES, FL 33962
1911 ~ANZAHIIA DRIVE
S10'339'072q
N102 SUTTER, ROSA E.
ALTERNATE BILL-TO'ADDRESS:
PlO~ WEISSBERGER, GARY AND AHHA ~AE
OAKLANO, CA 94611-1133
ROSA E. SUllER
780 WATERFORD DRIVE, APT. 3102
NAPLES, FL 33962
CRANE'S LANDING
717-69~-28,15
ALTERNATE BILL-TO-AODRESS:
63 COUNTRY ROAD
SHAVERTOWN, PA 1B70B
GARY WEISSBERGER
760 WATERFORO ORIVE 1104
NAPLES, FL 33962
4)7-0927
UN[! OWNER
0102 WINKELNANN, ROLF
ALTERNATE BELL-TO-ADDRESS:
EAGLE CREEK CONDONINIUM IS ASSOCIATION
Unit Owner Master LEst
Address & Phones
AOORESS
AN BULLERBERG 4
29664 WALSROOE
GERNANY,
ROLF WINK[LMANH
770 WATERFORO ORIV[, APT. 1102
NAPLES, FL 33962
PHONE
793-4321
N30]
WOZNIAK, EUGENE ].
ALTERNATE BILL-TO-AOORESS:
6801 SOUTH WESTERN AVENUE
DARIEN, iL 60561
MR. EUGENE 3. WOZNIAK
780 WATERFORD ORIVE, APT.
q ~
NAPLES, FL .396,
708-325'3%78
793-0378
1996 COLLIER
SCOU.NT EA,~NE D
COUNTY NOTICE OF AD VALOREM TAXES AND NON-~.~
4% ~IN 'NOV 3% IN DEC 2% I~l 2^~ 1%
· ' 477
.~9'2
LOR2M ASS~SSI1E~iT
VAN
FEE 1'.0% IN
AGLE
0000~30355001122 0000049732
S'!t RE'V~S£ $1D£ FOR ~R~ IN~RIRABON
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~ZS ~ FOR T~ COndOR'S OF~CE USE ONLY
....4820 '3 8,01 ;WAn~MGT. "
"','15j~'SS1~h~I NAPLES FL 3~962-00~0;
,~ , . . - .Y ~. ~.LT.'N
"0000.0'2~605008006 0001238501 ~00000000 00000
"
Official Receipt - Collier County Board of County
CDPR1103 - Official Receipt
Commissioners
Trans Number t Date [ Post Date
4011 12/21/97 4:05:33 PM 2/24/97
Payment Slip Nbr
MS 6532
Payor: EAGLE CREEK
Fee Information
Fee Code Description ! GL Account Amour~t Waived
12PLRV ~ PLAT REVIEW FEE .11313890032242000000 , $450.00
.11313890032910000000 ~ $1000.00
.12PVAC
PETITION TO VACATE
Total I $1450.00
Payments
[ Payment Co(~e Acc~-un~JCheck Number i~ $450.00Amount
'CHECK ;5670 !
$1000.00
CHECK ~ 5672
Memo:
Crystal Lake Ten'aces @ Eagle Creek Replat
C~2560
Total Cash { $0.00
Total Non-Cash t $1450.00
Total Paid ! $1450.00
Cashier/location: FROLOFF_E / 1
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
PETITION SNR-97-5, RUSSELL M. LAZEGA, OF WOODWARD, PIRES
& LOMBARDO, P.A., REPRESENTING GULF BAY I00, INC.,
REQUESTING A STREET NAME CHANGE FROM CHAMPIONSHIP
DRIVE, TO CLUB CENTER BOULEVARD, WHICH STREET IS
LOCATED IN TH]E MARCO SHORES UNIT 30 GOLF COURSE PUD
SUBDIVISION, LOCATED IN SECTION 14 AND 15, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
~ The petitioner request that the street known as
Championship Drive, be renamed to Club Center Boulevard.
DE T N: The recreational facilities and clubhouse for both
the Marriott Golf Course and the Fiddler's Creek Development are planned
along what is now Championship Drive. Both the petitioner and the City
National Bank, as Trustee of the property comprising the Marriott
Clubhouse and Golf Course maintain that the name Club Center Boulevard
will better identify the road as the access road to the club center for the
community and golf course.
~: There is no fiscal impact to Collier County since this
road is not maintain by the County. The Developer will be responsible to
provide the appropriate street signs at his/her expenses.
W A T: None
RE~?QMMENDATION: That the Board of County Commissioners
approve Petition SNR-97-5 to change Championship Drive to Club Center
Boulevard.
,JUN 2 4 i997
Pi. .L
SUBMITTED BY:~ Date:.~-/-~" ~ 2
Robert Salva~'~-'~
Customer SerVice Agent Supervisor
REVIEWED BY:~. Date:
Ed Perico, Building Director
/
APPROVED BY: ate:
Vincent A."Cautero, Administrator
Communi~ Development & Environmental Services
,JUN ~, ,t '1997
DIVISION OF COM~TJNITY DEVELOPMENT
STREET REOUEST
DATE:
TYPE OF REQUEST:
Mar~h 10, 1~7
Proposed Street Name:
Street Name Change:
Address:
LOCATION: Subdivision:
Unrecorded Plat:
Acreage - Section:
LEGAL DESCRIPTION:
Club Center Bo~l~var~
Championship Drip,9
See Legal Pe~crip~n
MarcQ Sh~rg~ Unit 30 Golf Court9
14 Township: 51S
See Attached
Range: _ 26E
REASON (if applicable):
~dd~er's Creek PUD
TO promote consistency within the
PETITIONER: Gulf B~y 100, Inc. TELEPHONE: 434-2030 ~
ADDRESS: 4001Tamiami Trail North, Suite 350, Naples, Florida 34101
COMMENTS:
RECOMMENDATIONS:
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10
RESOLUTION NO. 97-
RESOLUTION RENAMING CHAMPIONSHIP DRIVE
TO 'CLUB CENTER BOULEVARD", WHICH
STREET IS LOCATED IN THE MARCO SHORES
UNIT 30 GC PUD SUBDIVISION, LOCATED IN
SECTIONS 14 AND 15, TOWNSHIP S1 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
the Board of County Commissioners is authorized
pursuant to authority of Chapter 336.05, Florida Statutes, to na~e or
rename streets and roads, except for certain state roads; and
WHERES~S, the Board of County Commissioners has been requested to
confirm the renaming of Ch~ionship Drive to Club Center Boulevard.
This street is located in Sections 14 and 15, Township 51 South,
Range 26 East, Collier County, Florida, Marco Shores Unic 30 GC PUD,
according to the plat thereof, recorded in Plat Sook 17, Pages 98-
103, cf the Official Records of Collier County, Florida;
WHEREAS, there appears to be no street in Collier County with
this name or any similar sounding name; and
WHEREAS, it is necessary for identification purposes to confirm
the name of this street,
NOW THER~FORE, B£ IT RESOLVED BY THE BOARD OF CO~Y
C~ISSIONERS OF COLLIER C~TY, ~O~DA:
The name of this street is hereby changed from Ch~pionship
Drive tc Ci~ Center Boulevard and is confi~ed as such.
BE IT ~JRT~ER RESOLED that this Resolution be recorded in the
Public Records of Collier County, Florida, and noted u~n the ~aps of
the street and toning atlases of Collier County, and notations ~ade
on the referenced Plat.
This Resolution adopted after motion, second and ~Jority vote.
32 Done thls
34 ATTEST:
3&
37
DWIGHT E. BROCK, CLE~K
4o
41 A-PPROVED ;%S TO FOP, M ~ND LEGAL
4~ SUFFICIENCY:
4S ~JORIE M. STUDENT
4~ ASSIST~T CO~TY ATTO~EY
day of , 1997.
BOARD or COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, CKAIRMAR
JUN 1997
EXECUTIVE SUMMARY
PETITION SNR-97-2, RUSSELL M. LAZEGA, OF WOODWARD, PIRES
& LOMBARDO, P.A., REPRESENTING GULF BAY I00, 1NC.,
REQUESTING A STREET NAME CHANGE FROM TOURNAMENT
BOULEVARD TO FIDDLER'S CREEK PARKWAY, WHICH STREET IS
LOCATED IN TH~ MARCO SHORES UNIT 30 GOLF COURSE F'UD
SUBDIVISION, LOCATED IN SECTION 14, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLOR.IDA.
O.~ The petitioner request that the street known as Tournament
Boulevard be renamed to Fiddler's Creek Parkway.
CONSIDERATION: The master plan for Fiddler's Creek PUD
contemplates that the main roadway into the Fiddler's Creek PUD will tie
into what is now Tournament Boulevard to form one contiguous main artery
through the development. Petitioner requests the name change to promote
consistency within the Fiddler's Creek PUD and to give the Fiddler's Creek
De;'elopment a main access roadway with its distinctive name.
FISCAL IMPACT: There is no fiscal impact to Collier County since this
road is not maintain by the Count),. The Developer will be responsible to
provide the appropriate street signs at his/her expenses.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners
approve Petition SNR-97-2 to change Tournament Boulevard to Fiddler's
Creek Parkway.
Robert Salva~c~ ,-c..--
Customer S~rv/~gent Supervisor
Ecl Perico, Building Director
Vincent A. Caulero. Administrator
Communit? De,,'elopment & Environmental Ser~'ices
JLIN £ 4 ~997
RESOLUTION NO. 97-
RESOLUTION RENAMING TOURNAMENT
BOULEVAPd3 TO 'FIDDLER'S CREEK PARKWAY',
WHICH STP. EET IS IX)CATED IN MARCO SHORES
UNIT 30 GOLF COURSE SUBDIVISION,
LOCATED IN SECTION 14, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, ~LORIDA.
%
7
8
9
11 WHEREA~, the Board of County Commissioners is authorized
12 pursuant to authority of Chapter 336.05, Florida Statutes, to name or
13 rename streets and roads, except for certain state roads; and
14 WH£REAS, the Board of County Commissioners has been requested to
15 confirm the renaming of Tournament Boulevard to Fiddler's Creek
16 Parkway. Th;s street is located in Section 14, To~n%ship 51 South,
17 Range 26 East, Coil!er Ccun%y, Florida, Marco Shores Unit 30 Golf
lB Course Subdivision, according to the plat thereof, recorded In Plat
19 Book 17, Page 99, of the Official Records of Collier County, Florida;
;0 WHEP~AS, there appears to be no street in Collier County with
2! th~$ name or any similar sounding name; and
22 WHEREAS, it is necessary for identification purposes to confirm
23 the name of this street,
24 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~Y
25 CO~.iS£IONERS OF COLLIER COUNTY, FLORIDA:
26 The name of this street is hereby changed from Tournament
27 Boulevard to Fiddler's Creek Parkway and is confirmed as such.
;8 BE IT FJRTHER RESOL%~D that this Resolution be recorded in the
29 Public Records cf Collier County, Florida, and noted upon the maps of
30 the street and zoning atlases of Collier County, and notations made
32 cn the referenced Plat.
32 This Resolution adopted after motion, second and majority vote.
33 Done this day of , 1997.
34
35 ATTEST: BOARD OF COUNTY COMMISSIONERS
36 COLLIER COUNTY, FLORIDA
3a BY:
39 TIMOTHY L. H~COCK, CHAI~AN
4O
41
4.2
43
44
45
46
47
DWIGHT E. BROCK, CLERK
APPRO;"ED AS TO FOR~. AND LEGAL
SUFFICIENCY:
MJugJO?IE M. STUUENT
ASSISTA/~T COUNTY ATTORNEY
JUN 2
EXECUTIVE SUMMARY
PETITION SNR-97-4, RUSSELL M. LAZEGA, OF WOODWARD, PIRES
& LOMB~, P.A., REPRESENTING GULF BAY 100, INC.,
REQLrESTING A STREET NAME CHANGE FROM MARRIOTT CLUB
DRIVE TO CHAMPIONSHIP DRIVE, LOCATED WITHIN THE MARCO
SHOP. ES UNIT 30 GOLF COURSE PUD SUBDIVISION, IN SECTION
14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER
COUNTY, FLORIDA.
~ The petitioner request that the street known as Marriot Club
Drive, be renamed to Championship Drive.
~RATIO~: Marriott Club Drive has to_present served only as an
access road to the Marriott Golf Course. With the development of the
Fiddler's Creek PUD, Marriott Club Drive will also serve as the North entry
point into the Fiddler's Creek Development. Both the petitioner and the
City National Bank, as Trustee of the property comprising the Marriott
Clubhouse and Golf Course maintain that the name Championship Drive
would provide a more neutral name that is consistent with and promotes the
area's image as a golf course community.
FISCAL IMPACT: There is no fiscal impact to Collier County since this
road is not maintain by the County. The Developer will be responsible to
provide the appropriate street signs at his/her expenses.
GROWTH MANAGEMENT IMPAL'T: None
RECOMM.ENDATIO~N: That the Board of County Commissioners
approve Petition SNR-97-4 to change Marriot Club Drive, to Championship
Drive.
Robert Salvaggio (-/-~' ~-~ -
Ed Perico, Building Director
APPROVED BY:
Date: .~-/.S'-, P
Date: ~i,~?
Vincent A. Cautero, Administrator
Communi~. Development & Environmental Services
AGENDA "rEM
No. ~
JUN 2 4 1997
DATE:
TYPE OF REQUEST:
DIVISION OF COMMUNITY DEVELOpMEnT
~TREET REQUEST
M0rch 10, 1997
Proposed Street N~me:
Street Name Change:
Address:
LOCATION: Subdivision:
Unrecorded Plat:
Acreage - Section:
LEGAL DESCRIPTION:
~hampionship Drive
Marriot c~ub Drive
See Leq~l Description
Marco Shores Unit $0 Golf Course
14 Township: .. SIS
See Attached
Range: 26E
REASON (if applicable): TQ P'~mote consistency within ~he
Fiddler's Creek PUD
PETITIONER: Gulf Bay 100, Inc. TELEPHONE: 434_2030
ADDRESS: 4001Tamiami Trail North, Suite 350, Naples, Florida 3410;
COMMENTS:
RECOMMENDATIONS:
1
2
3
4
S
&
S
10
11
12
13
14
17
lS
19
2O
21
31
37
39
4O
41
42
43
47
P.~SOLUTION NO. 97-
RESOLUTION RENAMING V~P. RIOTT CLUB DRIVE
TO 'CMAMPIONSHIP DRIVE", WHICH STREET
IS LOCATED IN THE MARCO SHORES UNIT 30
GC PUD SUBDIVISION, LOCATED IN SECTIONS
14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 ~T,
COLLIER C~Y,
WH~PJ_AS, the Board of County Ccsm/ssioners is author£zed
pursuant to authority of Chapter 336.05, Florida Statutes, to name or
rename streets and roads, except for certain state goads; and
WH~, the Board of County Comm/ssioners has been requested to
confirm the renaming of Marriott Club Drive to Championship Drive.
This street is located in Sections 24 and 15, Township 51 South,
Range 26 East, Collier County, Florida, Marco Shores Unit 30 GC PUD,
according to the plat thereof, recorded in Plat Book 17, Pages 98-
103, of the Official Records of Collier County, Florida;
HHER~J~5, there appears to be no street in Collier County with
this name or any similar sounding name; and
WHEPJ. AS, it is necessary for identification purposes to confirm
the name of this street,
NO~ THEREFORE, BE IT R~SOLV~D BY THE BOARD OF COUNTY
CO~'~..ISSiONERS OF COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from Marriott Club
Drive to Championship Drive and is confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
Public Records of Collier County, Florida, and noted upon the maps of
the street and zoning atlases of Collier County, and notations made
on the referenced Plat.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
BOARD OF COUNTY CDH~ISSION]iRS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
~d~JO~ E M: STUDENT ....
ASSISTANT COUNTY ~TTORI~EY
BY:
TIMOTHY L. HANCOCK, C~AIRKAR
JUN 2 4 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO ADOPT A RESOLUTION CONFIRMING THE
PRELIMINARY ASSESSMENT ROLL AS THE FINAL ROLL AND ADOPT THE SAME
AS THE NON-AD VALOREM ASSESSMENT ROLL FOR THE PURPOSES OF
UTILIZING THE UNIFORM ML:'THOD OF COLLECTION PURSUANT TO SECTION
197..M32, FLORIDA STATUTES, W1THIN ~ NAPLES PARK AREA DRAINAGE
IMPROVEMENTS MUN1Ci~AL SERVICE BENEFIT UNIT.
~ That the Board of Collier County Commissionen adopt a Resolution con£u'ming the
preliminary assessment roll as the final assessment roll and adopt said roll as the non-ad valorem
assessment roll for the pu~ of milling the uniform method of coUection pursuant to Section
197.3632, Florida Stan,nes, wi',hin the Naples Park Area Drainage Improvements Municipal Service
Benefil Unit.
CONSIDERATIONS:
On July 18, 1995 the Board adopted Ordinance No. 95-44. amending Ordinance No. 86-37, providing
the procedure for the lev)' and collection of the special assessments within the Naples Park Area
Drainage Improvement Municipal .Service Taxing and Benefit Unit.
On July 16, 1996 the Board adopted Resolution No. 96.311 creating the Naples Park Area Drainage
Improvement Municipal Service Taxing and Benef'n Unit and providing for the costs of the
slonnwa~er drainage improvements to be paid from special assessments to be levied against bene£~ed
properties within the project.
Also, on July 16, 1996 the Board adopted Resolution No. 96-312 initiating a program for the purpose
of providing slormwater drainage improvements within the Naples Park Area Drainage Improvement
Municipal Service Taxing and Benefit Unit.
On September 3, 1996 the Board held a public hearing on the ten~ative assessments and adopted
Resolution No. 96-402 approving the plans, specifications, estimated coals and tentalive assessment
roll for the Naples Park Area Drainage Improvement Municipal Service Taxing and Benefit Unit.
The Board on May 20. 1997 adopted Resolution No. 97-248 setting the date, time and olace for the
public hearing on the preliminary assessment roll (non-ad valor~n assessment roll) to utilize the
uniform me',hod of collection pursuant lo Section 197.3632, Florida Statutes.
All propert~ owners have been notified by fu~ class mail of the amount of the assessment and the
scheduled public hea~ing to be held June 24, 1997 at 9:00 a.m. and said public hea~ing has been legally
advertised.
The project was completed on lime at $213,891 under budgct. Financing costs will be £malized upon
selection of the borrowing/loan provider and determination of the number of prepayments made
within the 30 day prepayment period.
(~: \ORDINA~CE NAPLES PARK. doc
~: The total projec~ cos~ is S3,656,661, the County's portion is $582,2~. 10. The
assessment district's portion is 3,074.39~.90 which is levied against the benefited properties w~in the
Naples Park Area Drainage L-nprovcmen~ Municipal Service Taxing and Benefit UniL
The County's portion was fmxled Dom the Stormwa~c-r Management C~kal Fund (325).
Property owners h~ve two paym~m ahernativcs. The f~t alt~tive is m ~y ~e ~11 ~t of ~e
~t w~ 30 ~ of~e ~i~ of~e R~luti~ a~ov~g ~e F~al A~t Roll ~d
avoid I~ t~ ~t~t ~ ~1 ~ll~i~ co~. ~e o~ al~ative is to ~y ~ ~sm~t ov~
~e~ (15) yc~, ~rou~ ~ ~ual n~-~ val~ ~ssm~t ~ ~e ~ bill. lf~ ov~ t~e ~e
~le~ed, ~e c~ will ~clude ~t~ (no~ to exceed 8'/,) ~d coll~i~ c~. ~ ah~,.~iv~ ~e
~flec~ed wiih~ ~c l~tivc ~smcnl roll (non-ad valmem ~ssmcnt roll) ~d nmi~ ~at have ~en
~t to pro~' o~e~.
GROWTH I~tAN^GEMENT 17VtPAC'}'] None.
RECOM~F. NDATIQH: The Public Works Adminismator recommends that thc Board o['County
Commissioners al the conclusion of the public hearing adopt the attached Resolmion which will:
a)
Adopt the preliminary assessment roll as the final assessment roll (non-ad valorem
assessment roll) for the Naples Park Area Drainage improvement Municipal Service Taxing
and Benefit Unit
b) Provide for the recording of the Resolution and final assessment roll in the Official Records
of Collier Count],... Florida. as contained ~n Section Six of'the Resolution.
c)
d)
Set thc repayment i:~'-riod of' l 5 years at an interest rate not to exceed 8% Per annum on the
unpaid principal or 1% above the long term financing, whichever is less.
Authorize thc Collier County I~partment of Revenue staff to immediately issue the bills to thc
propers' owners so payments can bc received within the 30 day period which will expire on
July 2~,. 1997.
PREPAP..ED BY: , . . IL~ x- ,.
Ann Marie Saylor, Administr,~ive Assistant II
Edward N. Finn. P~'blic Works Operations Director '
REVIEWED BY:
Joh~ ~. Boldt, k"E., P.S.M., Director
Stormwater Management Department
APPROVED B Y',~~
Ed llschner~"Public Works Administrator
G: \ORDINA~ICE NAPLES PARK. doc
I~=SOLUTION NO.
A RESOLU"~ON APPROVENG TI-[E P~L~Y
~S~S~ ROLL ~ ~ F~ ~S~S~
ROLL ~ ~G ~ S~ ~ ~ NON-~
V~O~ ~S~S~ ROLL FOR P~ES OF
~G ~ ~O~ ~OD OF COLLE~ON P~U~ TO
SE~ON 197.3632, ~A STA~,
~ ~ N~L~ P~ .~ D~AGE
~RO~S ~~ S~ B~ ~.
%~, ~c ~ ofCo~ C~i~ ~ July ig, I~S ~ CoI~ Co~
~c No. 95~, ~g ~ No. g~37, by ~G~g ~ ~ f~ ~ I~
~ll~6on of~c ~i~ ~m~ ~ ~e N~I~ P~ ~ ~agc ~v~t M~cipd
~~, ~e Bo~ ofCo~ Co~ssi~ on July 16, 1~ ~t~ R~I~ No.
~311 ~g ~ N~I~ P~k ~ ~e ~v~m~ M~cip~ S~ Brecht U~l
~ for ~c ~ of~e sto~wat~ ~gc ~v~m~ to ~ pdd ~m ~i~
~~, ~e Bo~ of Co~ Co~ssion~ on July 16, 1~ ~t~ R~I~ No.
~312 ~a~g a pm~ for ~c p~ orpm4~ ~o~w~ ~ge ~mv~
N~]~ P~ ~ ~gc ~pmv~m~ M~cip~ S~cc B~e~ U~t; ~d
~~, on S~t~ 3, I~ ~e Bo~d of Co~ Co~ssion~ ~ld a public
~ ~ tm~ivc ~m~ ~d ~ R~lufion No. ~2 ~m~g ~e pI~ ~ifi~Oo~,
~ ~ ~ tm~Ovc ~s~mt roll for ~c N~I~ P~ ~ ~agc ~v~m~
M~cipd S~ce Bmc~t U~t; ~
%~. ~e ~o~wl~ ~age ~pmv~m~ ~vc ~ co~ct~ m ~cor~c
· e pl~ ~d ~i6ca~o~; ~d
~~. Colli~ Co~ ~e No. 8~37, ~ ~md~, ~d S~on 197.3632, FIo~
S~, r~ a public h~g to ~ held to ~opt ~c prc~' ~mt mil (non-~ v~or~
~m~) ag~t ~c b~c~t~ pm~ ~d for ~e p~ ofu~l~g ~c ~fo~ mc~
~l]~g ~c ~n-~ v~or~ ~s~; ~d
~~, ~c Bo~ ofCo~ Co~ission~ on May 20, I~7 ~opt~ R~lu~on No.
97.248 ~mg ~e ~e, t~e ~d pl~e for ~e public he~g on ~e ~cl~ As~smm~ Roll
to ~ ~e non-~ valor~ ~ses~ ~11 to u~il=c ~c ~o~ mc~ of collation p~i lo
S~tion 197.3632, Flo~ S~tcs: ~d
~AS, dl pmp~ o~ on ~e prel~ ~sessm~t roll (non-~ val~
~scs~mt roll) ~'~e mail~ by ~t cl~s m~l nodcc of~c public he~g ~d ~d public
w~ duly ~v~ised ~d real,fy held on }~e 24. 1997 at 9:~ AM. in ~c Bo~d
Commiuionen Chambcn, Collier County Government Centcr, 3301 Ea~ Tamiami Trail, Naple~,
Florida 3a I ! 2.
NOW, 'i'KEKEFOR~, BE IT RESOLVED BY ~ BOARD OF COUNTY
COM3{ISSIONEI~ OF COLLIER ¢OI. YNTY, .v'LORE)A, that:
~ The Board, having me~ to r~:eive and comidcr the w~n~n objcc~iom of the
~'usx'rt~ ow~-s and other mtc-rc~ pcrso~ ai~-ating b~fore the Boa~l u to the ~riet~ md
~lvisahili~ of cca~.rming azxl ado~ing the N~lcs Parle Area Drzi~e Imi~uvcmcms Munidpal
S~vicc Bc~cfi~ Umt l:~clh'ninz~ Asa~amcm Roll (no~*~ v~lom'~ assessment roil), as to thc amoums
con. su'ucti~ of ~ s-tormwazc~ ch'zinase ~provc, me'nts wiu~in the N~]c~ Park ~
l. mvrovcm~z Mumcipa] ScT~ce Be~c~t umt, ~ u to ~ ~ua~o~ of such qx:ciaI
~ge ~v~ ~i~g of~e ~1~o~ of ~o~wat~ pi~ m ~ ~c~ of 91~/92~
Av~ue No~ ~ 8~ S~ ~i~g ~e cuIv~ ~ V~d~iIt ~ve, ~ ~ ~v~
o~ ~i~I~ ~e~t~ ~ ~ d~i~at~ o~ ~e ~cI~ ~t Roll (~*~
f~to~ ~ ~e ~r~ge ~o~t for ~h Iot or p~cI ofpr~ or ~ ~t for co~do~ m
p~o~ to ~e ~e~ ~eiv~ ~m ~e co~c~o~ of~e p~j~t ~ ~e s~o~wa~ ~o~
b~d~ such ~r~ ~ o~ ~e oval ~o~was~ ~ge ~st~. ~e ~ ~t to
~co~ h~em.
vzZor~ ~s~sm~l roll). ~s ~e Co~'s ~Hio~ is a to~l ~o~ nol lo exce~ $5,907,~6.13.
b~ed o~ sto~wzter ~o~ faclo~ ~d ~e ~reage ~o~t ~or c~h lot o~ p~ccl
unit for cca~tom~ums in diroct proportion to the benefits r~ccived from the consu'ucfion of thc projeci
and thc stormwaicr nmoff burde~ such properties impose on the overall slormw~,tct dr~e syslc~, if
thc total as~es.smcnt for each lot or parcel is not paid within thirty (30)days fzom the dale of anoption
of thc Prcl~ Asscssmmt Roll (non-an vaiot:m aasessmmt roll), but paid in annual ins~Irnmts
as a non-an v~Iorem a.t, scs. smmt on the property t~x bill over · i:~ried of fifteen (I $) yc~'s with an
intcrtst fac of one percent (1%) above the long-term fuancing or not to exceed eight pcrcmt (8.0%)
'l'be unit mcasun'mcat for thc spa:iai assessment ~xi the individual amount of the special
assessment for each IoL parr. el or condornimum trait are show~ on tbe Prclizmr..ary Asscsszncat Roll
(non-an va.torc,-n assessment roll) attached hcrtio and incorl:x:n'~ed hcrtin as Exhibit "A".
Thc Board hcrd~y con/u'ms the q:,cciai asscssmcats (noo-an valorem assessmcnu) for each
property ax[ thc unit mcasurt-rncn! for each pr~crty as shown on thc anncbed Exigbit "A" as the ~nai
~ mil (non-an v~lorom assessznent roll).
,SIIIlg, LT..~I,, Such assc-ssments arc hcrtby found and determined to be it-vied in direct proportion to
thc special and positive bc~c§ts to thc properties listed in thc prtLiminary asscssmcm roll (non-an
valorem assessment roll), which is attached hcrtto as Ex.,kibit "^" and arc Iocaled within the Naples
Park A. rca Drainage Improvcments MunicipaJ Service Bencflt Unit which is described as follows and
geographically dc'picled on Exhibit "B" attached hereto aad incorporated herein:
All those certain lands lying within portions of Soctions 28 taxi 3:t, Township 48 SouLh.
Range 25 ~ Collier Count),, Florida. and being further described as follows, all of;
Unit No. 1, Naples Park as recorded in Plat Book 1, Page 106 and; Subdivision of
Block I, Unit No. I, Nap]es Park. as recorded in Pla Book 4. Page $ and; Replat of
Blocks 4 & 5, Unit No. i, Naples Park, as rtcorded in Plat Book 4, Page 6 and;
Unit No. 2, NapJes Pazk as recorded in Hal Book 2, Page 107 and;
Unit No. 3, Naples Pazk as recorded tn Plat Book 3, Page 5 and;
Umt No. 4, Naples Park as rocorded in Plat Book 3, Page 7 and;
Unit No. 5, Naples Park as r~corded tn Plat Book 3, Page 14 and;
Uni! No. 6, Naples Park as r~eorded in Pla! Book 3, Page 15 and;
Coventry Squar~ as recorded in Plat Book 23, Page 65-66;
together with all those certain lands lying ~,'lthin
Range 2~ ~ being bounded on the; North by the South right-of-~,,'ay line
Avenue; South by the North right-of-way line of Vanderbill Beach Road; Ea~ by the
West right-of-way line of U.S. 41, N. Ta.miami Trail; West by the East right-of-way line
o f Vmde'rbilt Drive;
,~ Upon adoption of I~is Rc~olut~on any ataessrnen[ may ~ p~d u ~e Co~
~t of R~ue, 28~ No~ Ho~ ~ve, N~I~ Ho~ ~ ~ (30) ~.
~, ~1 ~m~ s~l ~ ~ll~t~ p~ to S~6o~ 197.3632 ~d 197.3635. Florida
S~mt~, ~ ~y ~r ~t~ ~g ~ ~ll~tion of~ch ~m~ on ~e ~e bill
v~o~ ~ w~ch s~ ~ biH~ ~ ~e M v~o~ ~ ~t ~me pay~le on Nov~
1 ~7 ~ deduct on ~1 I. i ~8, ~ ~h ~ for a ~ of fi~ (15) y~. F~I~ to
pay ~e ~i~ ~ (~ v~ ~l) ~ ~ ~ ~ ~11 ~ a
~i~c ~ ~ ~ld ~ ~e ~ w~ch ~y ~ll ~ a I~ of 6tle to ~ ~.
~ ~e ~i~ ~~ ~l ~ ~ md ~l~ivc ~ ~ ~h lot or ~cl
~id~ ~ w~v~ ~d iffy obj~fion s~l ~ ~e ~ ~ or ~l not ~ ~
p~t~ ~s pm~ ~s s~l ~ ~ m a ~ of~m~t j~cfion m ~ ~ef~
~ (20) ~ ~om ~c Mop6on offs R~]u~on.
~te of~6on offs Re~lu6on of~e ~e na~e ~d m ~e ~e ~t ~ ~e ~ for
~ ~ f~I~g due ~ ~e ~e y~ or y~ ~ wMch ~ch ~t f~ls due, ~ ~y
~t ~t p~d wh~ due s~l ~ ~ll~t~ p~t to ~t~ 197, ~ofi~ S~t~, ~ ~e
m~ ~ p~ ~cs ~ ~ll~t~.
~ ~e CI~ is h~eby ~t~ to ~o~ ~s R~lu6on ~ ~l E~bi~ a~h~ h~o
· e O~ci~ R~ ofCol~ Co~,
~ ~s R~lu6on sh~l ~omc eff~6ve ~ely ~n i~ p~ge.
~ ~ majo~ vote.
A~T: BO~ OF CO~ CO~SSIO~
D~TGHT E. BR~ CLE~ COLLAR CO~. ~O~A
Approve~ u to form and
legal su~ciency:
County AHorney
BY:
TB4OTHY L HANCOCK. CHAIRMAN
NAPLES PARK DR^INAGE PROJECT AREA
I$1T~ AVI~ ~
__/It
NOT~:
.......... 64DICA'?~S BOI~DARY O? PROJECT AREA.
EXECUTIVE SUMMARY
REQUEST FOR BOARD TO ADOPT THE ACCOMPANYING RESOLUTION
REDUCING THE REGULATORY ASSESSMENT FEE FROM FOUR AND ONE-
HALF PERCENT TO THREE PERCENT OF GROSS REVENI/ES EFFECTIVE
OCTOBER 1, 1~7 FOR NONEXEMPT PRIVATELY OWNED WATER AND
WASTEWATER SYSTEMS SUBJECT TO LOCAL REGULA~ON,
AUTHO~ZING THE COLLIER COUNTY WATER AND WASTEWATER
AUTHO~TY TO ADJUST WATER AND WASTEWATER RATES
ACCORDINGLY.
OBJECTIVE: To reduce the existing regulatory assessment fee of private water and
wastewater utilities under local regulation from 4 ¼ percent to 3 percent, effective
October l, 1997.
CONSIDERATIONS: Collier County resumed jurisdiction over privately owned water
and wastewater systems on February 27, 1996. The County has since collected
regulatory assessment fees from the seven (7) utilities under local jurisdiction at the rate
of~, ~A percent of gross revenues, the same rate charged by the Florida Public Service
Commission upon the date of the County's acquisition of jurisdiction.
On October 1, 1996, the Office of Utility Regulation recorded reserves or a trust fund
balance o£approximately $400,000. Were the 4 'A percent regulatory fee to remain in
place for FY 98, a reserve orS1.1 Million would result at FY 98 end. Staffconsiders
such a projected balance to be excessive under the current circumstances.
Although the Office of Utility Regulation has existed for only 12 months, Staffis
confident in forecasting of future revenues. Staff proposes the reduction of the regulatory
fee from ~. V: percent to 3 percent, effective October I, 1998.
The 1 V2 percent reduction will decrease revenues during FY 98 by approximately
$220,000 for the year, and the reduced rate is expected to yield a reserve or trust fund
balance between $700,000 and $800,000 by the end of FY 98. Staff recommends that the
reserve be maintained in this range.
Reduction of the fee to 3 percent will slow the accumulation of the regulatory fee reserve
required to fund unanticipated regulatory costs. Typical unanticipated, non-recurring
expenses may include protracted litigation, lobbying efforts to protect utility customer
interests, controversial territorial expansion requests, rate case appeals, expert witnesses
fees required in the rate review process, and other contingencies, which may include
health, safety, and welfare issues regarding the operation of privately ova ~ utilities and
their repair should the Authority or the Board be appointed by the Circuit Courltl~l~lOA
receiver ofutilities abandoned or in financial distress. ~'.".
JUN 2
Upon attaining the recommended reserve ($700,000 to $800,000) at the end of FY 98,
staff expects to recommend a further reduction in the r~gulatory fee to match the FY 99
revenue with the FY 99 projected expenditures. It is expected that the regulatory fee in
FY 99 may be reduced to approximately 2 percent to maintain the static reserve of
$700,000-4-.
Upon Bo~d approval of the requested regulatory fee reduction, the Office of Utility
Regulation will take those actions required for the Authority to direct all seven regulated
utiliti" s to implement a pass-through reduction of water and/or wastewater rates, effective
October 1, 1997.
FISCAL IMPACT: Reduction of the regulatory assessment fee bom 4.5% to 3.0% v-ill
decrease annual revenues to the Utility Fee Trust Fund by approximately $220,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board adopt the accompanying Resolution to reduce
the regulatory assessment fee fi.om 4 '/2 percent to 3 percent and thereby authorize the
Collier County Water ar d.a~,'astewater Authority to adjust water and/or wastewater rates
of regulated utilities ~ Zopna7
~ ;'~leu" W~-l]~c¢, M~nager, Office of Utility Regulation
REVIEWED BY: [ ~I)[3,~ t~. (")t~x/~''~'-' DATE:~ ~'/~/ '~ 7
Thomas C. Palmer,/[s'sistant County Attorney
APPROVED BY: DATE:
Michael A. McNees, Assistant Count)' Manager
JUN 2
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RESOLUTION NO. 9%
A RESOLUTION OF COLLIER COUNTY, FLORIDA PURSUANT TO SECTION
1-12 (E), COLLIER COUNTY ORDINANCE NO. 96-6, ESTABLISHING THE
REGULATORY ASSESSMENT FEE OF THREE (3) PERCENT OF GROSS
REVENUES FOR NONEXEMPT PRIVATE WATER AND WASTEWATER
UTILITIES UNDER LOCAL J'URISDIC-'TION, AUTHORIZING THE COLLIER
COUNTY WATER AND WASTEWATER AUTHORITY TO ADJUST WATER
AND/OR WASTEWATER RATES OF SAID UTILITIES, AS APPROPRIATE,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Resolution No. 96-I04 excluded Collier County from the provisions
of Chapter 367, Flor~da Slatules, thereby assuming certain subject matter jurisdiction over
non-exempt water and wastewater utilities operating in unincorporated areas of Collier
County; and
WHEREAS, Ordinance No 96-6 established the Collier County Water and
Wastewater Authority (AUTHORITY) and specific powers and duties; and
WHEREAS, Section 1-12 (E), Ordinance No. 96-6 provides for the Board of
County Commissioners (BOARD) to determine the amount ofthe regulatory assessment
fee from time to time after public hearing thereon, but not to become effective earlier than
sixty (60) days after adoption of each such implementing Resolution; and
WHEREAS, on June 24. 1997. the BOARD held a duly advertised public hearing
to consider the record and testimony regarding the adjustment of the regulatory assessment
fee; and
WHEREAS, staff has recommended a reduction of the regulatory assessment fee
from four and one-half(4 % ) percent to three (3) percent, effective October 1, 1997; and
WHEREAS, the AUTHORITY is authorized to adjust water and wastewater rate
tariffs of nonexempt private water and wastewater utilities under its jurisdiction to reflect
each change in regulatory assessment fees.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida that:
The regulatory assessment fee is hereby established at three (3) percent ofgross
revenues for nonexempt private water and wastewater utilities under the
County's jurisdiction.
The three (3) percent regulatory assessment fee shall become effective on
October 1. 1997.
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Thc Collier County Water and Wastewater Authority shall adjust the water and
was~ewater tariffs of ali utilities under its jurisdiction to reflect this reduction in
the regulatory assessment fee.
4. The rate adjustments reflecting the pro-rata rate reduction in the respective
utility's regulatory assessment fee shall be effective October 1, 1997.
This Resolution adopted this ~
secona and majority vote favoring same.
day of
___, 1997 after motion,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
by:
Deputy Clerk
by:.
Timothy L. Hancock, Chairman
Approved as to form
and legal sufficiency:
Assistant County Attorney
AGENDA,FI*EI~ *~
, , .
JUN 2
EXECUTIVE SUMMARY
RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO
CONSIDER AN APPLICATION FOR A CABLE FRANCHISE SUBMITTED BY
MARCO ISLAND CABLE, INC.
OBJECTIVE: To consider a Cable Franchise Application which has been submitted
by M~co Island C~le, ~c.
CONSIDERATION: An Application for a Cable Franchise was submitted by Marco
Island Cable, Inc., on March 18, 1996. After initial review, staff felt that additional
documentation and information must be supplied to the County before the Application
could go forward. On April 28, 1997, a completed application was delivered to the
Office of Franchise Administration.
On May 2, the Office of Franchise Administration submitted to the Board of County
Commissioners a copy of the completed Application, along with its recommendation
regarding request for a Cable Franchise submitted by Marco Island Cable, Inc. Although
the Office did not give a totally unqualified endorsement to the Application, the County
Manager's Office, through its Office of Franchise Administration, nevertheless
recommends that a Cable Franchise be awaaded Marco Island Cable, Inc.
Subsequently, pursuant to Ordinance No. 88-90 as amended, the Board approved on
May 6, 1997, a recommendation by staff to publish a notice of consideration of a Cable
Television Franchise in the Naples Daily News. That notice announced that the Board of
County Commissioners would hold a public hearing on the matter on June 17, 1997 at
1:00 PM. In accord with Ordinance No. 88-90 as amended, the notice also stated that any
written reports, studies or materials to be considered by the Board at the Public Hearing
had to be submitted by 5:00 P.M., on May 26, 1997. No written reports, studies or
msterials were received.
GROWTH MANAGEMENT IMPACT: None
HSCAL IMPACT: The County will continue to receive Franchise Fecs--a five (5)
percent of"Gross Revenues" as specified in the Agreement and in Ordinance No. 88-90,
RECOMMENDATION: The recommendation is in three p~s:
A. That the Board approve the Cable Franchise Application after making the following
findings of fact in accordance with Sec ion r~.6 {a} of Colliet' Con ~ty Ordinance
No. 88-90, as amended. P','A' GENOA.. ~.~e.~7;ITEM /
FINDINGS OF FACT:
1. That the record does not indicate any significant negative economic impact on the
surrounding properties in the franchise area. Moreover, the expected economic benefits
obtained by having a second cable operator serve the franchise area appear to outweigh
any negative impact that may result fi'om construction and maintenance of the physical
2. Competition arising from granting a second fi'anchisc has the potential to result in
lower rates, improved programming choice, and betler customer service.
3. That adequate public rights-of-way exist for the proposed system. (See Attached)
4. The proposed system should not unreasonably interfere or impede existing or future
uses of the public rights-of-way.
$. There is no indication that there will be significant dimaption to existing users of the
public rights-of-way other than the normal disruption caused by construction of the
system.
6. The projections provided by Marco Island, Inc. and the secured capital indicate that
the applicant has the financial ability to perform and to make necessary investment to
erect, operate and maintain the cable system.
7. Marco Island Cable, Inc., has been operating a system for the past three years. Such
service has been acceptable regarding customer service. The proposed Franchise
Agreement includes provisions to ensure that satisfactory service will be provided.
8. The location and type of permanent facilities proposed to be constructed by Marco
Island Cable, Inc., conforms to the legal requirements of County Ordinance No. 88-90,
as amended; and the proposed Franchise Agreement provides significant mechanisms for
ensuring that the system will perform satisfactorily.
9. The technical quality and completeness of the proposed plan for operation of the cable
system are ensured by the substantial economic incentive to provide a system that
delivers acceptable quality of service to its subscribers. The past three yeaxz have
provided substantial evidence of this incentive. Moreover, the presence of competition
from Media One further enhances the practical necessity of the applicant providing a
quality of service.
AGENDA ITEM,,.
,,.
JUN 2 1997
I0. From all evidence there is nothing to indicate tha the applicant doe~ not have the
legal character, financial, techrfical and other qualifieatiom n~ to eomm~ch own
and operme the propo~xl cable ~em.
l 1, It is desirable to promote competition in the Cable Television indttitry to promote a
diversity of information and provision ofh/gh quality cable tclevi~/on service~ at the
lowest economic price provided such does not resul! in unreawnable di~uption of pr/rate
and public property by multiple cable operations.
B. That the Board approve the Cable Franchise Application as submitted with the
following changes:
The Franchise area be larger than the area proposed by Marco Island Cable, Inc.,
and that the added territory be exclusively or primarily single family homes. The
proposed enlarged area is depicted on proposed Exhibit "A" of the Franchise
Agreement.
2. The term of the Franchise be seven (7) years, terminating in June, 2004.
C. Authorize the Chairman to execute the Franchise Agreement, after final approval of
the Agreement by the County Anomey, subject to possible minor, non-substantive
clarifications.
Prepared by:
Reviewed by:
Approved by:
~ean Merritt, Manager
Office of Franchise Administration
Thomas C. Palmer
Assistant County Attorney
Michael A. McNees
Interim County Manager
DATE:
TO:
FROM:
June 4, 1997
Jean Merritt, Manager
Franchise AdmiaxiaXration
David F. Bobanick ~ /bff /' '
Interim Transportation DLrector
Utility Accommodation - Collier County Rights-of-way
in the Marco Island Area
In response to your request this date, subject as above, StaJ'f has reviewed the proposed location of
cable line installations and confirms adequate right-of-way for such installation, subject to
permitting, in accordance with Collier County Ordinance No. 93-64.
If we may be of further atnistance in the above matter, please contact this office at 774-8494.
mk/s:Genl Cot Fr~hi~e Ofc Info.doc
cc: Ed Ilscl'mer
Edward J. Kant, P.E.
JUN 2 1997
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State of Florida - Collier County
MARCO ISLAND CABLE, INC.,
CABLE TELEVISION FRANCHISE
DATE: June 17, 1997
This Cable Television Franchise, issued by and between the Collier County, a Florida
non- charter county, and Marco Island Cable, Inc., a Florida Corporation, hereinafter Grantee.
WHEREAS, 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 further the public interest;
VgHEREAS, the County is the owner of certain street rights-of-way;
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducted full public proceedings, during which proceedings the
technical ability, financial condition, legal qualification and general character of Grantee were
determined acceptable to receive a renewal of its fi'anchise;
WHEREAS, the County has also considered and analyzed the plata of Grantee for the
construction and operation of its Cable System and found the same to be adequate and feasible in
view ofthe needs and requirements of the area lo be served by the reapective Cable Sy~em;
WHEREAS, the County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grantee to
operate a Cable System within the specified franchise area within Collier County and on the
terms and conditions hereinafter set forth; and,
'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.
Section 1. Findings
Pursuant to the procedures in the Cable Act, Section 166.046, F.S., and Chapter 30 § 28(0(I) of
the Collier County Code, the Grantor has held a public hearing where the following issues related
to granting a cable television franchise to Grantee were considered: (i) the economic impact upon
private property within the County; (ii) the public need for such franchise; (iii) the capacity of
public rights-of-way to accommodate the cane system; (iv) the present and future use of the
bGENDA ITE/~ '~
I public rights-of-way to be used by the cable system; (v) the potential disruption to existing users
2 of the public rights-of-way to be used by the cable system and the resultant inconvenience which
may occur to the public; (vi) the financial ability of the franchise applicant to perform; (vii) the
4 experience of the applicant in the erection, operation and maintenance ora CATV system, (viii)
technical quality and completeness of the proposed plan for operation of the cable system, (ix)
the legal, character, financial, technical and other qualifications necessary to construct, own and
? operate a cable television system, and (x) other societal interests as are generally considered in
cable television franchising. The Grantor has determined to grant a cable television franchise to
Marco Island Cable, Incorporated on the terms and conditions set forth in this Agreement.
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NOW, THEREFORE, the parties agree as follows:
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 the cable system for use by various agencies,
institutions, organizations, groups and individuals in the community, including the
County and its designees of the cable system to acquire, create and distribute
programming not under the Grantee's editorial control, including:
2.1.1
"Public Access" shall mean access where organizations, groups, or individual
members of the general public, on a non-discriminatory basis, are the primary or
designated programmers or users having editorial control over their programming;
2.1.2 "Educational Access" shall mean access where schools are the primary or
designated programmers or users having editorial control over their programming;
2,1.3
"Governmental Access" shall mean access wher~ goverr, mental institutions or
their designees are the primary or designated programmers or users having
editorial control over their programming; and
2.1.4 "PEG Access" shall mean public access, educational acc~s, and governmental
access, collectively.
2.2
"Affiliate," when used in relation to any person, shall me. an another per~n who
owns or controls, is owned or controlled by, or is under common ownership or
control with, such person.
AGENDA
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2.7
"Basic Cable Service" or "Basic Sen'ice" 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 directi), or through one
or more affiliates owns a significant interest in such Cable System, or
h)
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 transmission to Subscribers of (a) video programming, or (b)
other programming services, and,
b) subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming services.
"Cable System" shall mean a facility, consisting of a se! of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service and which includes video programming and
other lawful communications services and which is provided to multiple
subscribers within a community, but such term does not include:
a) a facility that serves only to retransmit the television signals of one (I) or more
television broadcast stations;
b) a facility that serves subscribers without using any public right-of-way;
c) a facility ofcommon carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. §201-226, except that such facility shall be considered a
cable system (other than for purposes of 47 USC §541(c) to the extent such
facility is used in the transmission of video programming directly to Subscribers;
and
d) any facilities of an electric utility used solely for operating its electric utility
system.
"Channel" shall mean a 6 MHz band of analog fi'equencies, or future encoding
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standard, in the electromagnetic spectrum (or any other means o£transmission, including
but not limited to optical fibers, which is capable of'carrying the equivalent signal or
signals), and includes uses of all or any portion ofsuch band of fi'equencies for digital
video/television signals.
"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 Commissioners of Collier
County, Florida.
"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 interacts with the public and its customers.
"FCC" shall mean the Federal Communications Commission or any successor agency.
"Franchise" shall mean an initial authorization, or renewal thereof, (including a renewal
of an authorization which has been granted subject to 47 U.S.C.§ 546 ), issued by the
County, whether such authorization is designated as a Franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise, which authorizes the
construction or operation of a Cable System but neither supersedes nor takes the place of
any license, license fee or permit authorization which might otherwise be required for the
privilege of transacting business within the County.
"Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's Hghts-of-way and for other
purposes.
"Grantee" or "Franchisee" or "Company" shall mcan 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 of said person, firm, or corporation.
"Gross Revenues" shall mean all revenue encumbered at the time of sale (billing) by the
Grantee, arising from or attributable to the sale of cable television video or audio program
services, video text services and video games provided by Grantee within the County or
derived from its operation within the County.
a) Such revenue includes, but not limited to fees charged to subscribers for:. 1)
any video and/or audio program service; 2) installation, disconnection,
reconnection or service maintenance agreements; and 3) equipment rental.
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b) Revenues derived from: i) leased spectrum, 2) advertising sold by either the
Grantee or its agent, 3) signal carriage (e.g. home shopping services; marketing,
launch and retransmission) agreements.
The sum of the aforementioned shall be the basis for calculating the Franchise Fee
imposed pursuant to Section 6 herein. Excluded are revenues related to: 1) refunds; 2)
bad debt; 3) equipment deposits (e.g. customer terminal devices); 4) any sales, excise or
other tax collected by Grantee on behalf of any governmental unit; 5) reimbursements for
expenses (e.g., returned check fees, and copy expenses); or 6) items excluded by local,
state or federal law.
Notwithstanding the foregoing, the revenues received by the Grantee for the provision of
data transmission, point to point telecommunications, telephone or telephony services,
franchise fees or other fight of way use fee shall be included in the gross revenue
basis only to the extent permitted now or hereafter by law.
"Initial Service Area" shall mean that geographical area bounded by Marco Island
within the unincorporated limits of the County as of the date of acceptance of this
Franchise.
"Interactive on-Demand Services" shall mean a service providing video prograrnming
to subscribers on an on-demand basis, but does not include services providing video
programming pre-scheduled by the programming provider,
"Institutional Network or I-Net"shall mean a communication network for the provision
of video services, voice transmissions and data transmissions which is generally
available only to subscribers who are not residential subscribers;
"Other Communications Service" shall mean information audio, video, data,
telephony, I. nternei access, text service, electronic communication (e-mail), or any other
lawful service 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, Educational or Governmental Access (PEG) Use or Programming" and
other similar formulations of these terms shall mean non-commercial and/or not-for-profit
u.~ by education, government and public (community) television providers ofchannels
on the cable system to convey information to the public.
2.22 "Public Buildings" shall mean public supported K-12 school's, Federal Slate, County,
County and Town government owned or leased buildings.
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Section
3.1
"Public, Educational, or Governmental Access Facilities" shall mean:
a) channel capacity designated for public, educational, or governmental use; and,
b) facilities and equipment for the use of such channel capacity.
"Public Way" or "Rights-Of-Way" shall include the surface, the air space above thc
surface, and the area below the 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 terms, be deemed
to gain only such rights to use property in the County as the County may have the
undisputed fight and power to give or as granted by Federal or State law.
"Reasonable Notification" shall mean 14 business days for all non financial related
matters and thirty (30) business days for financial matters.
"Residential Subscriber" shall mean a subscriber who receives service in an individual
dwelling unit or multiple unit dwelling, where the service is not to be used in connection
with a business, trade or profession.
"Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable
Sc't'vice ora Grantee pursuant to this Franchise.
"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;,
3. Franchise Territory and Initial Service Area
The cable tel~vision franchise granted under this Section shall be limited to the
geographic area ofthc County to be sc~'ved by the fxanchisc Grantee, and the specific
public ways necessary to serve such areas. Thc cable television Grantee shall not exclude
from its services any high-cost (per customer) area, any rural location, or any person
based on that person's income
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3.2
Thc Grantee's Initial Service Area is part of'Marco Island, Florida. Attached as Exhibit
A and incorporated by reference as if fully set forth herein, is the Grantee's application to
serve Marco Island's government, commercial, business and residential properties on part
o£ Marco Island.
Section 4. Nature and Terms of Grant
4.1
County does hereby convey to the Grantee a site specific franchise to construct and
operate a Cable System, using owned and/or leased facilities, which may be located in the
County rights-of-way.
4.2
Notwithstzndinig Grantee may, in its sole discretion, elect to I~ fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services from other
County franchised providers of Cable Service to support the operation of its Cable
System.
4.3
The fi'anchise granted herein shall run for a term of seven (7) years commencing upon
acceptance by grantee.
4.4 Public Rights-of-Way use conditions.
4.4.1 All facilities shall be constructed, installed and located in accordance with the
following terms and conditions:
4.4.2
The County, at its sole discretion, may require, at not cost to the County, the
Grantee to locate and identify its cable television facilities within the public
rights-of-way.
4.4.3
The County reserves the right, upon reasonable notice, to require the Grantee at its
expense to protect, support, temporarily disconnect, relocate or remove fi'om thc
County's s'tn~ any property oft.he Grantee by reason of traffic conditions, public
safety, stn~ construction, real or planned excavation, change or establishment of
street grade, installation or planned installation of sewers, drains, water pipes,
power and/or communication lines, tracts, or othez types of structure or
improvements by governmental agencies or any other slmctures proposed for
public improvement Reasonable notice for this provision meam at least ninety
(90) days, exert in the case of emergencies where no slgcific notice lx'riod shall
be requirM. The County shall endeavor to notify and seek comment fi'om the
Grantee with respect to minimizing disruption to the Cable System, where public
works projects may affect the Grantee's cable system.
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4.4..5
4.4.6
4.4.7
4.4.8
4.4.9
4.4.10
Cable Television facilities shall be installed within an existing underground duct
or conduit whenever available excess capacity then exists within such utility
facility at a reasonable rate to Franchise.
Franchisee shall install its telecommunications facilities on pole attachments to
existing utility poles only, and then only if surplus pole space is then available to
that franchisee.
Whenever any existing electric utility, cable facility or telecommunications
facility is located underground within a public way of the County, a franchisee
with permission to occupy the same public way must locate its cable television
facilities underground at no cost to the County.
Whenever a public way exists to accommedatc thc Grantee's system, the Grantee
shall not locate its facilities off.thc public right of way and shall make every cfi.orr
to locate its telecommunications facilities within thc public way before seeking
private easements within thc County. Thc Grantee, at no cost to thc County of thc
State, shall relocate its facilities and appliances which arc in conflict with County
projects to upgrade or construct roadways.
Thc Grantee shall locate, place and construct its telecommunications facilities so
az not to unreasonably interfere with thc construction, location and maintenance
ofscwer and / or water mains, lines, or connections. Thc Grantee shall take
appropriate preventative measures to pmtec! existing facilities within thc public
Rights-of-Way.
Grantee shall restore and replace landscaped areas, pavement, pedestrian
lighting, sidewalks, 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, bom time to time., but no longer than
one (1) year bom the completion ofthejob, re. adjust, fill and finish the .same az
may bc necessary due to settling of the earth associated with the Grantee's
disruption of the public way.
Whenever installing new cable system facilities shall exhaust thc capacity of
existing ducts, conduits, manholes and other facilities within_ a public street or
utility casement to rcazonably accommodate future telecommunications carri~
or facilities, the Grantee shall at that time provide additional ducts, conduiLg
manholes and other facilities for nondiscriminatory access to future carriers.
Franchisee is entitled to receive reasonable compensation for usc of such
facilities by other users.
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4.4.11
The Grantee shall adhere to all Federal, State and local laws, rules and
regulations regarding the location, construction, and maintenance of its cable
system facilities within thc public rights-of-way.
All fi'anchisces are required to obtain construction permits for cable system facilities
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 in this Section shall prohibit a franchisee from making
reasonable classifications among differently situated customer groups.
Each franchisee shall make its cable television services available to the County at its most
favorable rate for similarly situated users, unless otherwise expressly provided.
For the pta'pose of and to the extent required to accomplish transporting I-Net and PEG
access channels, the Grantee shall interconnect its cable system with other systems in
nearby areas, upon the directive of the County's Franchise Administrator. To fulfill this
obligation, the Grantee shall familiarize itself with all technical requirements needed to
cause such interconnection.
4.8.1 [nterconnection is technically feasible.
4.8.2
Grantee and the other party agree upon reasonable interconnection arrangements,
including an allocation of the costs of interconnection between Grantee and such
other party that is reasonable in light of the relative benefits and burdens to each
party and its customers; including consideration of support (capital and
operational) provided for PEG access purposes, including equipment in use for
PEG access at the time ofinterconnection.
4.8.3 Interconnection of the systems may be accomplished by direct hard cable
connection, microwave link, satellite, or other appropriate means.
4.8.4
Upon receiving a directive fi'om the County's Franchise Administrator to
interconnect, the Grantee shall immediately initiate negotiations with the other
affected system(s) in order that all costs may be shared equitably among the
Grantees for both construction and operation of the interconnection link. Such
intereonnecfion shall be made within the time limits aa established by the
County's Franchise Administrator.
4.8.5
The Grantee may be accorded reasonable extensions of the time to interconnect,
or the County may rescind its order to interconnect upon petition by one or more
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franchised cable operators to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Grantees, or the cost of interconnection would
necessarily cause an unreasonable or unacceptable increase in subscriber rates.
4.8.6
The Grantee shall cooperate with any intercormection corporation, regional
interconnection authority or local, State and/or Federal regulatory agency
established for the purpose of regulating, financing, or otherwise providing for
the intercormection of cable systems beyond the boundaries of the County.
A new franchise application shall be required shall be required by the Grantee to
amend this Grant should the Grantee desire to extend its service area or to locate its cable
television facilities in public ways of the County which are not expressly included in this
Grant.
If ordered by the County to locate or relocate its cable system facilities in public ways not
included in a previously granted franchise, the County shall grant a franchise amendment
without further application to facilitate such ordered changes.
Section 5. Customer Service Standards
County has determined 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 services by the Grantee. The Grantee shall operate its Cable System in a manner
consistent with the County's Consumer Protection Provislons, Collier County Code,
Chapter 30 § 55, to the extent that such provisions are not inconsistent with those of the
FCC.
Section 6. Compensation, Auditing and Other Payments
6.1
Grantee shall pay the County throughout the term of this Franchise, as
compensation, an annual Franchise Fee of five percent (5%) of'he Grantee's
Gross Revenues.
6.2
All such payments of Franchise Fees shall be payable monthly in accordance with
Chapter 30-280c)(2) for the preceding month. Franchise Fee payments shall be
accompanied by a report itemizing and setting forth the revenues/receipts and
showing the calculation of the payment due for the preceding period.
6.3
The payment of the Franchise Fee by the Grantee is for the dght to construct and
operate its Cable System, as defined herein, within the County' public fight-of-
way and is in lieu of a right of way use or encroachment fee.
AGENDA ITEM/
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The County, 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
amounts of Gross Revenues as defined herein, and all payments, and
computations for the previous calendar year. Upon ten (10) days prior wriuen
notice, the County shall have the right to conduct an independent audit of
Grantee's records. If, after resolving any dispute arising from such audit, Grantee
has made a Franchise Fee underpayment of three percent (3%) or more, the
Grantee shall assume all reasonable costs of such audit. In other events, the
County shall bear ali 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 County, shall be available for inspection by an appropriate
officer of the County, or its designee, at reasonable times to determine the amount
of compensation due to the County 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 County at times reasonably requested by the County and in
the form prescribed by the County after consultation with the Grantee, such
reports with respect to its Cable System and the Gross Revenues derived
therefrom, as the County 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 of one percent (1%) per month on any such under payment 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 County.
6.7
Consistent with federal requirements, the Grantee shall file no less frequently than
annually any tariffs, amendments, or modifications affecting the sale of its
services and subscriber terminal equipment and shall provide written notification
to the County within thirty (30) days of any proposed changes. The Grantee shall
also provide to the County copies of all filings, reports and petitions to local,
state, or federal regulatory agencies.
6.8
The Grantee, at its option, may discharge its obligation to provide an Institutional
Network and/or related sex'vices for the County by providing an annual grant, to
be paid upon Acceptance of Franchise (Section 36 herein) and each axmivm~ of
the fxanchis¢ grant, in the amount of dollars to
reimburse the reasonable costs incurred by the Grantor for the services and
expenses associated with the provision ofvoi~, video and data services by third
parties (including, but not limit to, telecommunication equipment, recurring line
charges and independent consultants) by Grantor or for any other lawful pu.rpos¢
to public buildings within the Grantee's initial service area. Farthermore, the
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Section 7.
parties agree that any cost to the Grantee associated with providing these fund~
under this Franchise, including without limitatiort, the mounts set forth herein are
not part of thc Franchise fee, and fall within one or more of the exceptions to 47
USC § 542.
Franchise - Not Exclusive
This Franchise shall be non exclusive. The County re.serve~ the right to grant franchises
to other persons at any time or construct, operate and repair a cable system itself or to
contract with any other person for the use of the County streets or properly for the
operation of other cable systems.
Section 8.
8.1
8.2
Section 9.
9.1
9.2
No-Waiver
The failure of the County, upon one or more occasions, to exercise a right or to
require compliance or performance under this Franchise or any other applicable
law shall not be deemed to constitute a waiver of such fight or a waiver of
compliance or performance, unless such fight has been specifically waived in
writing.
Waiver of a breach of this Franchise or any section of Chapter 30 of thc Collier
County Code shall not be a waiver of any other t'-eaeh. Neither thc grant of this
Franchise nor any provision herein shall constitt...: a waiver or bar to thc exercise
of any governmental fight or power of the County.
Regulation
The County Commission shall be vested with the power and authority to
reasonably regulate the exercise of the privilegea permitted by this Franchise in
thc public intere, t. Any failure by thc County 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.
The Grantee's rights, without limitation upon thc County's regulatory authority,
pursuant to thc Commtmieafions Act of 1934, as amended or any other subsequent
federal or state law, shall not be abrogated or otherwise limited.
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9.4
Section 10.
10.1
Following reasonable notice, the County rcscrvcs 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 Electrical
Safcty Code, Fiber Optic Cable Installation Specifications, 1987
(Tel~communication Industry Committee), traffic safety/lane closure rules and
construction requirements promulgated by the County.
Cable System Design and Construction
Thc Cable System shall generally conform to thc hybrid fiber coaxial (HFC)
system design and channel capacity specifications scl forth on Exhibit B hcrcto.
At a minimum, the Grantee shall construct a hybrid fiber coax 0-IFC) 550 MHz
star bus cable tclcvision network. Thc Grantee is permitted to modify its &sign
and implementation plan, pursuant to thc conditions provided herein, lo
accommodate technological innovations and refinements which enhance system
rcliability and capacity.
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10.4
Analog and digital television [audio/video] services, if offered, shall be
transported on the Grantee's fiber backbone to fiber nodes for redistribution to
commercial and residential subscribers via coaxial cable.
Thc cable television network shall satisfy all FCC standards for Cable Systems.
Construction Schedule
10.4.1
The initial service area includes a portion of North Collier Boulevard.
Construction and the provision of cable service in this area shall be
completed and be fully operational no later than January 1, 1998.
10.4.2
A secondary service area includes thc following streets, Saturn Court,
Greenbrier Street, Dandelion Court, Wintergreen Court, and Manor
Terrace. Construction and the provision of cable service in this area shall
be completed and be fully operational no later than lanuary I, 1999.
10.4.3
Thc definition of subsequent servicc areas, which shall rcsulting in a full
build out of Marco Island, where thc dwelling density is greater than 20
homes per mile, ;ihall be negotiated on each anniversary of the franchise
grant and shall be subject to:
a) the fi'anchise modification provisions of Section 33.4 herein;
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11.1
11.2
Section 12.
12.1
.b) Chapter 30 § 42(aX2) and § 42(e) of the Collier County Code; and
c) the availability of the Grantee to demonstrate the financial capacity to
undertake and successfully complete each successive phase.
10.4.4 The County, may at its discretion, grant reasonable extensions of time to
complete the projects.
Initial and Continuing Tests
The Grantee shall perform all tests necessary to demonstrate compliance with the
requirements 47 CFR 76 subpart K. All tests shall be conducted in accordance
with the FCC's rules.
All construction maps, shall be provided to the County no less than ten (I0) days
prior to the commencement date of the upgrade. "As built" maps shall be provided
no more than thirty (30) days following the conclusion of construction for each
grid. Such maps should designate the location of Grantee's facilities in a
mutually acceptable form.
Public Education and Government Access Provisions
The Grantee shall set aside two (2) channels of its transmission capacity for public
interest PEG access channels on the residential distn'bution system.
12.1.1
The franchisee agrees to pay the County a one time donation of
dollars for the purchase of television production
equipment to be used at the sole discretion of thc County. The County
agrees to provide necessary personnel at its expense to produce
programming through the use of such facilities.
12.1.2 Thc Grantor shall provide the Grantee at least ninety (90) days prior notice
of the required activation of new PEG access channels.
12.1.3
PEG sccess signal transportation on the Grantee's cable system or
interconnection facilities shall be provided without chazge to the Grantor
from the point of origination, upstream to the Grantee's interconnecting
hub sit~ for downstream distribution on the cable system to subscn'bers.
12.1.4
In the event an activated PEG access channel becomes dark and is not
utilized for more than twelve (12) continuing months, the Grantee, upon
one-hundred eighty (I 80) days written notice to thc Grantor, shall have the
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right to reclaim the channel. The Grantor or its access provider, shall have
the right to acquire the channel in accordance with the provisions of the
Four Year Review.
12.1.5
The government access channel, or another channel made available by the
Grantee to the Grantor for this purpose, may be used to provide "in-
service" or staff development training by either the County, Grantor or the
public schools. The Grantor may direct the Grantee to encode this channel
so that it is only available to facilities or individuals authorized by the
Grantor.
12.2 Requirements Regarding Rules and Procedures for Use of PEG Access Channels.
12.3
Section 13.
13.1
13.2
12.2.1 The Grantor shall be responsible for establishing and enforcing rules for
use of the PEG access channels.
12.2.2 The Grantee may not exercise any editorial control over thc content of
programming on the designated PEG access channels.
Thc parties agree that any cost to the Grantee associated with providing access
services, facilities, and equipment under this Franchise, including without
limitation, the amounts set forth herein are not part of the Franchise fee, and fall
within one or more of the exceptions to 47 USC § 542.
Institutional Network Provisions
At the request of the Grantor, the Grantee shall designate, no less than thre~
months prior to the commencement of upgrade construction, two fibers of the
installed capacity on its cable system within the County, exclusive of PEG
channels, as an Institutional Network (I-Net). In the absence of fiber, the Grantee
shall designate twelve (12) MHz of the capacity on its cable system as an
institutional network. The dark fibers and the twelve (12) MHz capacity on the
coaxial cable portion of its cable system shall be available to the Grantor and
designated public agencies for voice, video and data transmission purposes
pursuant to terms and conditions described herein. The Grantor shall designate
the locations, attached as Exhibit B and incorporated by reference as if fully set
forth herein, to be served by the Institutional Network. The Institutional Network
shall be reserved for exclusive use by the Grantor and designated public agencies.
Thc Grantor may, at its sole discretion, either:, a) purchase or b) lease at the
marginal cost any portion of such designated I-Net capacity, excluding PEG
channel signal carriage.
AGENDA ITEM'
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13.2.1 Upon reasonable notice, the Grantee shall extend, without cost to the
County, the I-Net to any public building located within Grantee's cable
system service ar~ and located two hundred feet (200 ') or less from the
Cable System.
13.2.2
Grantee shall cooperate with the Grantor aM its agents in designing and
selecting components necessary to implement its applications and, if
requested, shall furnish terminal equipment at Grantee's cost, provided that
the Grantee is reimbursed for this expense by the Grantor.
13.2.3
If in the future the Grantor desires to have the I-Net extended beyond that
which is anticipated herein, Grantee agrees to charge the Grantor on a time
and materials basis (including overhead costs) for the construction of such
additional I-Net facilities.
13.2.4
If such I-Net designated capacity remains unused, the Grantee may use
such capacity by presenting the Grantor a fight of first refusal. The
Grantee shall give the Grantor ninety (90) days written notice of its intent
to exercise any fight of first refusal that the Grantee may present to the
Grantor under this Section.
13.2.5
The parties acknowledge that the agreement regarding usage of the I-Net is
subject to all local, state, and federal 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
reasonable attorney's fees and costs directly related to the material under
the Grantor's or public agency user's exclusive control carried on the I-
Net, including but not limited to, copyright infringement, libel, slander,
defamation, patent, trademark, or invasion of privacy claims.
13.2.6
The parties agree that the I-Net contributions of the Grantee to the County
do not represent an in-kind payment by Grantee, or a Franchise Fee of any
kind.
Section 14. Assignment
This franchise may be assigned or a transfer of control effectuated only with the prior
consent of the County, subject to'thc provisions of the Collier County Code Chapter
30 § 42(m), the rules ofthe FCC and the Communications Act of 1934, as amended.
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Section 15. Remedies
15.1
In addition to any other rights set out elsewhere in this Franchise, and
subject herein, the County reserves the right to declare a forfeiture of this
Franchise, and ali of Grantee's rights arising hereunder, in the event that:
15.1.1 The Grantee is found to have violated any material provision of this
FranchSse; or
15.1.2 The Grantee is found by a court of competent jurisdiction to have
practiced any fraud or deceit upon the County.
15.2
The County shall give Grantee thirty (30) days written notice of its intent to
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 ifthe
Grantee initiates substantial effort, to remedy the stated problem, and the efforts
continue in good faith, then County shall not have the right 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
County, to remedy the stated violation, then the County, upon reasonable notice,
may impose any or all of the remedies available herein.
Section 16. 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 County as o:nffsdenfi~
Grantee shall prominently mark any information for which it claims confidentiality with the
word "Confidential" in letters at least one-half ('fi) inch in height, prior to submitting such
information to the County. The County shall make a good faith effort t~ protect ~
confidential information, subject to the County's obligations under local, state and federal
disclosure laws.
Section 18. Forum for Litigation
Any litigation between thc County and Grantee arising under or regarding this F~ ~han
occur, if in the state courts, in the Collier County Superior or Dis'trict Court having~
thereof, or if in the federal courts, in the United States District Court for the Southern Disu'k:t of
Florida.
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Section 19. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee or depositeg 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:
If to the County:
County Manager
Collier County
3301 Tamiami Trail East
Naples, Fl 34112
With a copy ~o:
Franchise Administrator
Collier County
3301 Tamiami Trail East
Naples, F1 34112
If to the Grantee:
President
Marco Island Cable, Inc.
PO Box 344
Marco Island, FL 34145
Section 20. severabillty
If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any
reason, declared invalid, in whole or in pa~t, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall confine, in full force and effect.
Section 21. Non-Discrimination
The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color,
creed, national origin, or religion.
Section 22. Non-Divestiture
This Franchise shall not divest the County of any fight or interest in the public rights-of-way.
AGENDA ITEJ~~
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23.2
23.3
23.4
Letter of Credit
Within sixty (60) days following the award of the Franchise or thirty (30) days
prior to construction, lhe Grantee shall deposit with the County a letter of credit
from a financial institution, approved by the County's Finance Director, in the
amount often-thousand dollars ($I0,000). The form and content of the letter shall
be approved by the County Attorney. The letter of credit shall be used to insure
the faithful performance of the Grantee of all provisions of the Franchise, and
compliance with all orders, permits and directions of any agency, commission,
board, department, division or office of the County exercising jurisdiction over
the Grantee's acts or defaults, and payment by the Grantee of any penalties,
claims, liens, liquidated damages, fees due the County.
If the Grantee fails to pay to the County any compensation, not in dispute, due the
County within the time fixed herein; or fails, after ten (10) days notice to pay to
the County any penalties, claims, liens, liquidated damages, fees due the County,
such failure by the Grantee can be remedied by demand on the letter of credit.
The County may immediately request payment of the amount due from the letter
of credit. Upon such request for payment, the County shall notify the Grantee of
the amount and date thereof.
The letter of credit shall be maintained at ten thousand ($I0,000) during the entire
term of the Franchise unless modified in accordance with the procedures provided
for in Section 34.4 (Franchise Modification) of this Agreement. In the event that
amounts are withdrawn pursuant to this Section, the Grantee, shall take any
required action to restore the letter of credit said total amount often-thousand
dollars ($10,000) within ten (10) business days of notification by the County of
its withdrawal against the letter of credit.
The rights reserved to the County with respect to the letter ofcredit are in addition
to all other rights of the County, whether reserved by the Francb. ise, or authorized
by law, and no action, proceeding or exercise ora fight with respect to such a
letter shall affect any other right the County may have.
23.5 The letter oferedit shall contain the following endorsement:
"It is hereby understood and agreed that this letter of credit
shall not be canceled by the surety nor the intention not to
renew be stated by the surety until thirty (30) days after
receipt by the County, by registered mail, ora written
notice of such an intention to cancel or not to renew."
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23.6
The Grantee shall renew the letter of credit not less than thirty (30) days prior to
its expiration and provide a copy of the renewal to the County. Failure to comply
with this provision shall entitle the County to draw down the letter of credit in its
entirety.
Section 24. Remedies - Liquidated Damages
24.1
Because the Grantee's failure to comply with provisions of this Franchise will
result in injury to the County, and because it will be difficult to estimate the extent
of such injury, the County and the Grantee hereby agree to the following
liquidated damages, which represent both parlies' best estimate of the damages
resulting fi.om the specified injury. Damages shall be subject to the amounts
prescribed by the Collier County Code, Chapter 30 § 51.
24.2
The County shall stay or waive the imposition of any penalties set forth herein
upon a finding that any failure or delay is the result of an act of God or due to
circumstances beyond the reasonable control of the Grantee.
Section 25. Remedies - Cumulative
All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code
shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the
Franchise. Remedies may be used singly or in combination; in addition, the County may exercise
any fights it has under applicable law.
Section 26. Books and Records - Inspection
The County may inspect the books, records, maps, plans, and other documents, including
financial documents, in the control or possession of the Grantee, affiliates, or any person that
constitutes aa operator of the Crrantee's Cable System: (I) to enforce the County's rights or assess
compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory
power, or (3) as may be convenient in connection with any proceeding the County 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 copying at .some other
place. Material that the County requires Grantee to produce under tiffs Section shall be
produced upon reasonable notice, no later than 30 days after the request for production. Requests
for extensions of time to respond shall not be unreasonably denied.
Grantee may request that the County 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 County shall maintain the
confidentiality of information designated "proprietary" by the Grantee. Should the County
AGENDA ITEM. \
JUN 2
receive a request to review Grantee's records or books under the Florida Public Records Law, it
will promptly not[Sy Grantee and provide an opportunity for Grantee to raise an objection,
demonstrate why the requested informal[on is proprieta~'y and, i£necessary, seek a court order to
protect its proprietary information.
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Section 27. Books and Records- Reporf~ and Responses to Questions
27.1 Grantee shall provide the following reports to Grantor:
27.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form
attached as Exhibit C;
27.1.2
Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee
shall submit a written annual report including a financial statement, including a
statement of income, balance sheet, and a statement of sources and applications of
funds which shall be certified by an official of Grantee.
27.1.3
Grantee shall file with the County 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 the extent the same may affect or
bear on the operations of the Grantee's cable system.
27.1.4
The Grantee shall file with the County any request for protection under
Bank~ptcy laws, or any judgment related to a declaration of bankruptcy by the
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the cable system.
Section 28. Books and Records - Maintenance
28.1 In addition to reports required by this Franchise, the Grantee shall maintain records ofthe
following:
28.1.1 FCC proofofperformance; and
28.1.2 Monthly records demonstrating compliance with applicable Cuslomer Service
Standards.
Section 29. Inspection of Plant
Thc County may inspect the Grantee's Cable System during construction, and anytime thereafter
upon reasonable to the Grantee. If, based on subscriber complaints or its own investigation, the
County believes that the cable system may not be operating in compliance with the fi'anchise
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agreement or applicable Federal rules, it may require Grantee to perform tests, prepare a report
and present to the County the results of those tests. The Grantee shall rq~ort each deficiency and
take prompt action to remedy it.
Section 30. Insurance
30.1
Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proof of the required insurance. The Grantee shall maintain this insurance throughout the
franchise term. Insurance shall include, in amounts not less than those provided by
Chapter 30 § 36 of the Collier County Code.
30.2
The insurance coverage obtained by this franchise in compliance within this Section shall
be approved by the County's risk management office, and copies of such insurance
policies (or certificate of insurance) shall be filed with the County.
Section 31. Emergency Alert
The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's rules
and the Florida Emergency Alert System Plan. The County or County's Public Safety
Communication Center shall be provided with access to the system so that it can communicate
emergency messages and alerts to residents consistent with the Florida Emergency Alert System
Plan. If the Grantee's cable system is exempt from the federal provisions, then the emergency
alert system shall conform to the requirements set by Chapter 30 § 41(d) of the Collier County
Code.
Section 32. Service to Public Buildings
Grantee shall, upon request, provide service to public buildings located within one hundred fifty
feet (1507 of Grant~'s existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting public agency, Grante~ shall, upon request,
provide sowice to public buildings within two hundred fifty feet (250) of Grantee's distribution
system. All charges for installation and provision ofCable Servic.~ and Other Communications
Services to such public building~ shall be at Grantee's current rate. To the extent any services
are provided without charge to any Public Building neither the County nor any other person may
resell such services.
Section 33. Four Year Review: Performance Monitoring
33.1
During the yeah which commence on thc tom'th anniversa~ or any multiple thereafter, o£
thc effective date of thc Franchi~e~ thc County may commence a review of Grantee's
pa'formance under the Franchise. As pail of this r~ew, the County may consider:
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33.3
a) whether the Grantee has complied with its obligations under the Franchise and
applicable law;
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 County, or the public.
The County shall conduct public hearings to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of thc four-year review.
Any revisions to the Franchise Agreement which either the County or the Grantee wishes
to make as a result of these reviews shall be proposed under the procedures established
herein.
33.4 Periodic Evaluation, Review and Modification.
33.4.1
The County 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 of this
Franchise. Therefore, in order to provide for the maximum degree offlexibilit.' in
this fi'anchise, and to help achieve a continued, advanced and modem Cable
System, the following evaluation and review provisions will apply:.
a) The County 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 no! be
more than one (1) evaluation and review session during any calendar year.
b) Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, the System performance,
programming PEG access, municipal uses ofcable, Subscriber complaints,
judicial rulings, FCC rulings and any other topics the County or Grantee may
deem relevant.
c) During an evaluation and review session, Grantee shall cooperate fully with the
Coun .ty and sttall provide without cost such reasonable information and
documents as the County may requem to perform the evaluation and review.
d)
If at any time during thc evaluation and review thc County reasonably believes
there is evidence of inadequate technical performance of the Cable System,
the County may require Grantee, at Grantee's expense, to
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tests and analyses directed toward such suspected technical inadequacies. In
making such request, the County shall describe and identify as specifically as
possible the nature of the problem and the type of test the County believes to
be appropriate. Grantee shall cooperate fully with the County in performing
such tests and shall report to the County the results of the tests, which shall
include at least: (i) a description of the problem i-' the System performance
which precipitated the special tests; (ii) the System component tested; (iii) the
equipment used and procedures employed in testing; (iv) the method, if any,
by which the System performance problem was resolved; and (v) any other
information pertinent to said tests and analyses.
e) As a result of an evaluation and review session, the County or Grantee may
determine that a change to the System or in the terms of the Franchise may be
appropriate. In that event, either the County or Grantee may propose
modifications to the System or the Franchise. Grantee and the County 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
amendment.
33.4.2
The County 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 terms 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 rights and duties of the parties under the Franchise.
Section 34. Conflict with Cable Regulatory Ordinance
The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby
incorporated herein by reference as if set out in full, and form part of the terms and conditions of
this Agreement. In the event of any conflict between the terms and conditions of this Franchise
and the provisions of the Regulatory Ordinance, the terms of this Franchise shall prevail, except
where conflict arises from lawful exercise of the County's police power.
Section 35. Reservation of Rights
Grantor and Grantee reserve all rights that they may possess under the law urdess expressly
waived herein.
Section 36. Acceptance of Franchise
Within thirty (30) calendar days followh~g the grant of this Franchise, the Grantee shall file with
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Section 39. Effective Date
This A~ecment shall become effective at 8:00 A.M. on the ~ day of.~
_,1997.
EXECUTED ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER, FLORIDA, THIS__DAY OF ...__~1997.
ATTEST:
Dwight E. Brock, Clerk
By: Deputy Clerk
BOARD OF COUNTY COMMISSIO~RS
COLLIER COUNTY, FLORIDA
BY:
Timothy C. Hancock, Chairman
Approved as to form and
legal sufficiency:
Thomas C. PaL,'ncr
Assistant County Attorney
MARCO ISLAND CABLE, INC.
By,
William Gaston, President
AGENDA ITEM/
,',... ~7)
JUN 2
Exhibit A
Grzntee's Service Area
Cable Television Application
AC~ENDA ~ ~
~.~. _~o,~c.~)
JU~I 2 ~ ~$T
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7
9
I0
I1
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Exhibit B
Government, Education and Public Agencies Scheduled
for Subscriber and Institutional Network II-Net]
Connections and Services
The County has directed all cable television providers to provide sufficient I-Net capacity to
suppor~ data communication li.~s between and among various local government facilities it
passes is included as well. The communication links provided by an I-Net are sought to
replace existing facilities [:.g., dedicated lines leased from the telephone company, microwave
links] and to establish new data communication pathways to government offices as yet
unserved by the County's intranet WAN.
It is expected that the I-Net shall be used to implement new services the County has previously
contemplated but unable to fulfill. These include, internal telephone service within the
organization, long distance by-pass service, providing aa inexpensive way to reach the
County's long distance carriers, high-speed data transmission and networking bev, veen remote
sites [e.g. parks, recreation, sanitation, water treatment fire stations & training center], video
conferences between remote public safety and citizen information sites, traffic information,
video arraignment, and traffic surveillance video from key intersections.
Ma~co hlaml County Offices
Location #1
Location #2
P~k #1
P.u'k #2
P a."k #3
S~eet Address
Street Address
Pa~k ~4
Fire Smion Locations Su'm Address
Fire Stations #1
F~ St~ ~2
Police D~.padn~nt Street Addn:ss
Substafon #1
Public Utilities IX~ S1teet A~ltess
JUN 2 ~ L~t7
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2
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4
$
6
7
8
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10
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15
Water Trcat~'T~t P~ml
Waste Water Treatmem Flare
Public Winks Strce~ Address
Slzcet Maintenance
Sanitation
Y~rd Wa.s~c Ccnl~
Education Facilities S~ A~lrc~
County Schools [I~c-K ~ 12] various
County School [ofl$ces] various
Yet;
Yes
Y~
Media One currently provides subscriber cable television services to a number of these
locations. The County has the necessity to a) preserve the existing connections provided by
Media One. b) migrate existing data telephone or microwave connections to the I-Network,
and c) add new sites to the I-Network as time, funds, project priorities and service
requh'ements dictate.
The County shall work closely with Marco Island Cable's engineers to prepare a transition and
deployment plan to provide an orderly transition and deployment of I-Net services to the
aforementioned sites. The site locations are not inclusive, new sites may be added while others
are decommissioned. I-Net communication facilities may be up or down~aded to parallel
changing requirements. The aforementioned list, at best, represents a long term [ten years]
service deployment scheme. Some locations serve more than one County department,
consequently, it may be possible to use a single I-Net connection to serve the office complex.
AGENDA ITEM
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29
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Exhibit C
Monthly Franchise Fee Reporling Schedule
Cable Operator
Adch'ess
Contact Person
Title Accounting Department
Phone
Subscriber Detail
1.I Basic I Average Subscription Units
1.2 Basic Service Rate
1.3 CPST Average Sub. Units
1.4 CPST II Rate
1.$ Premium Service Average Units
1.6 Premium Service Rate
1.7 Disney Service Average Units
1.8 Disney Service Rate
1.9 Installation Average Completions
1.10 Installation Average Rate
I.I 1 Complimentary Accounts
1.12
Penetration Statistics
2.1 Total Home~ Passed
2.2 Basic I Penetration Units
2.3 CPST Penetration Units
2.4 Premium Service Penetration %-age
2.5 Disney Service Penetration '/',-age
2.6 Churn: Average %-age
Date / /
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2
4
$
6
7
9
1o
12
13
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16
17
18
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2O
21
22
23
24
26
27
28
29
3O
31
32
36
39
41
42
Gross Revenue Detail Itemization
Code
3.0 Cable Television
3.1 Basic I
3.2 CPST
3.3 Premium
3.4 Showtim¢
3.5 HBO
3.6 Dimey
3.? Thc Movie Charmcl[
3.5 Pay Per View
3.6 FM Radio
3.7 Converter Rental
3.8 Remote Control
3.9 Cable Guide
3.10 Launch Fee,
3.11 Program Carriage
3.12
4.0 MO Servic~
4.1 Basic I
4.2 CPST II
4.3 Premium
4.4 Showlime
4.5 I-mO
4.6 Disney
4.7 The Movie Chann¢ll
4.5 Pay P~r View
4.6 FM Radio
4.'/ Converter Rental
4.8 R~mot¢ Conl~ol
4.9 Cable Guide
4.10 Launch Fe~s
4.11 Program Carriage
4.12
JUN 2 1997
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3
4
5
6
7
9
I0
11
12
14
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ig
19
2O
21
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25
2~
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
43
the County its written acceptance of the Franchise, logether with certificates of insurance and
letter of credit i~truments required herein. The Grantee shall state that it agrees to be bound by
and to comply with all requirements pursuant to lhe provisions oft}tis 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 37. Grant
This Franchise is granted by the County to Marco Island Cable, Inc., pursuant and subject to the
conditions and requirements provided by the Chapter 30 of thc Collier County Code and
applicable federal, state and local laws, rules and conditions. This Franchise bestows upon
Grantee the authority to construct, maintain and operate a Cable System, utilizing thc Public
P, ights-Of-Way, to offer Cable Services and Other Communications Services within the County.
Section 38. SpecialConditions
The following conditions, different from the County Standard Agreement, are also part of this
agreement:
2~
1
2
3 5.0 Service Chm'ge
4 5.1 Ins~llafion
5 5.2 A/B Switch Sales
6 5.3 Up/Down Grades
7 5.4 L~te Payment Fees
8 5.5 Ch~ck Return Fees
9 5.6
!0 6.0 Commercial
I1 6.1 Bulk (MDU)
12 6.2 Contl'act
~3 6.3
~,s 6.4
16 7.0 Advertising
17 7.1 Commercial Insertion
7.2 Barter Agreements
19 7.3 Home/Auto Sellers
2O ?.4
21
22
2~
26
27
211
29
41
42
8.0 Shopping Charmcls
8.1 HSN
~.2 QV¢
8.3
8.4
9.0 Video Production
9.1
9.2
I
JUN 2 ~ '1S97 ' ~
,36_ J
1
2
4
$
6
?
I0
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
I0.0 Leased/Rentals
I0. I L-A Channel
10.2 Facilities
10.3
10.4
I0.5
Cod~ Revenue_Source
I 1.0 Miscellaneous
11.2 Reimbursement for Cable Damage
11.3 Equipment Sales
11.4 Launch Incentives
11.5
11.6
SUBTOTAL
FRANCHISE FEE ~5%
TOTAL
AJ}E A
JUN2~I~9? /
EXECUTIVE SUMMARY
PETIT1ON A-97-2, RICHARD JAKUTCH, REQUESTING AN APPEAL OF THE
COLLIER COUNTY PLANNING COMMISSION'S APPROVAL OF PETITION BD-97-
11 ON MAY 15, 1997, FOR PROPERTY LOCATED AT LOT 8, BLOCK F, LITTLE
HICKORY SHORES UNIT 3 REPLAT, COLUER COUNTY, FLORIDA.
~ The appeRant wishes to appeal a decision of the Collier County Planning
Commission approving Petition BD-97-11, heard at the CCPC's May 15, 1997 regular
meeting. The appellant states that he Is 'dissatisfied with the preparation and handling
of this matter at the staff level and the final decision made by the Collier County
Planning Commission'.
CONSIDERATIONS: On May 15, 1997 the Collier County Planning Commission heard
and approved a boat dock extension petition (BD-97-11) applied for by Charles A.
Franse, representing Lola Grassl. The resulting resolution (CCPC Resolution No. 97-
18) approved a 35 foot extension, to allow a total protrusion into Little Hickory Bay of 55
feet.
The Collier County Land Development Code allows boat docks to protrude 20 feet into a
waterway 100 feet o~ greater in width. This 20 foot protrusion Includes the boat to be
moored at the dock. Any greater protrusion must be approved by the Collier County
Planning Commission, whict~ takes into consideration the factors required by Section
2.6.21.1 of the Land Development Code (LDC). At the Planning Commission public
headng for Petition BD-97-11, the appellant spoke in opposition to the length and
location of the dock.
The Planning Commission voted 5 to 2 (Commissioners Nelson and Wrage in
opposition) to permit ~ dock extension as requested.
A copy of the Planning Commission Staff Report, the minutes of ~ May 15, 1997
meeting, and documents presented by the appellant at the CCPC meeting am Included
with this Executive Summary. No new Information has been supplied to staff by the
appellanL
J~..C~,..[~.~.[ There is no fiscal Impact to Collier County.
GROW'tH MANAGEMENT IMPACT'
M , rr t
JUN 2 4 1997
· P~,- --..L_._
~ Staff recommends that the Board of Zoning Appeals
uphold the Planning Commission's approval of BD-97-11.
PREPARED BY:
FI~D I~[ISCHL, PLANNER II
CUR~ PLANNING
DATE
REVIEWED BY:
ROBERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING
NALD W. ARNOLD, A~C'PFD~CTO'i~:
PLANNING SERVICES
DATE
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
executive summary A-97-2
^G£,.PS,FF,,~-,
JUN 2 ,~ 1997
Pg. '~
21 MAY 1997
Community D~'elopmem a~l Em'ironmenml Services
2800 North Hom:~hoe Driv~
Napk~,. FL 33942
Dear Mr. Caulero.
As per m7 plane com~r~ation with Mr. ~ J. Mulhere on 21 May 97, I am s~"nding you this fomml
I~1~ to advise ~ th,u I wish :o appeal the dec'ition made by ~ Collier County PLtn~ing Commi~on
Petition No. BD-97.1 I. Charles A. Fr'anse. r~:~'~en~ng Lola Gr'a~ requesting a 35 foo~ boat dock
m~"nsion to allow for a 55 fo~ boat dock and boat li~ for the i~erl)' located at 295 3M. Steer West,
fm't~r de~'rit~ a~ Lo~ 8, Block F. Little Hickory Shor~ Unit 3 Replat.
The Planning Commi~on hearing on this matter was held on 15 M~. 97.
I am dissatisfied ssith the ix'q~r~tion and handling of this matter at the staff le~l and the final decision
mac~ by the Collar Comity Plznning Comn'~sion.
! tm enclosing a check in the amomn of $250.00 payable to the Comity B~ard of Commission~ as
d~r~'~d by l~r. Mulh~m for this appeal. If YOU hav~ any quesgons wtth r~p~s to eQs mauer or if
lunar information is required to secure this appeal please contact me at the following:
RJchardW. Jaklitch
293 3~. SC
Bo~ Sp~ngr~ FL 34134
Phone: 703-779.4730 (V'u'ginia)
Fax: 703-779-4802 (V'u'ginia)
Any ad, ice or as~stance that you might be able to offer in this martin- would grr. afly be appreciated.
'l'h,m'~ng yo~ in adva~.,
P,.icb,~'d Jaldhch
MEMORANDUM
TO:
FROM:
DATE:
RE:
OW~IER/AGENT:
Owner.
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
APRIL 21, 1997
BD-97-11
Lola Grassi
295 3'* Street
Bonita Springs, FL 34134
Agent:
Charles A. Franse
295 3'~ Street
Bonita Springs, FL 34134
The petJtioner requests approval of a 35 foot boat dock extension to allow for a dock
which would protrude 55 ~eet into the waterway.
The subject property is located at 295 3'~ Street, legally described as Lot 8, Block F,
Little Hickory Shores Unit 3 ReplaL
The purpose of the project is to allow the construction of a 55 foot dock facility. Section
2.6.21 ofltm Collier County Land Development Code states that on waterways 100 feet
oe greater in width, boat dock facilities shall not protrude more than 20 feet unless a boat
dock extension has been approved by the Collier County Planning Commission.
JUN 2 4 1997
'dr-
AII
SUBJECT LOT
/
ND '
F_.x~sting: Single family house; zoned RSF-4
Surrounding:
North: Single family house & dock; zoned RSF-4; and
3~ Street ROW
East: Single family house & dock; zoned RSF-4
,South: Uttle Hickory Bay
West: Little Hickory Bay
ENVIRONMENTAL REVIEW:
The environmental staff of Current Planning has reviewed this petition and has no
objection to the granting of this request, subject to the stipulations incorporated into the
attached Resolution. ,~GE~,~)~T~ ¥~
2
JUN 2 4 1997
PI- "~
Staff has reviewed this petition in accordance with Section 2.6.21 of the Collier County
Land Development Code and finds the following:
a. n b o r ! n wa rfron
The petitioner requests a single dock as depicted below. There are approximately
180 linear feet of water frontage.
JUN 2 4 1997
,,,.
b I lc I ona I
The petitioner states that the water depth where the boat is to be moored ranges
from -3.5 feet to -3.8 feet. The proposed dock projects into Little Hickory Bay.
c. Nature an<t soeed of water current~:
The pefiUorer describes the waterway as having very lirde currenL
d. Land contour of property on which dock I$ to be located:
The petitioner describes the land contour as a gradual slope into a shallow bay.
e. Effect boat dock will have on safe~ of usem of navlaable channel:
The petitioner states that the navigable channel is approximately 500 feet away.
The effect the location lenathlorotru$1on and deslon the dock faculties will
have cn adlacent oro~ertle~:
JUN 2 ~ 1997
4
The subject lot Is located at the end of a peninsula. This should have little, if any
effect on adjacent properties. Lot 7, to the north has been approved for a 55 foot
dock (BD-96-15). Lot 9, to the east, has a 32 foot dock (BD-92-1).
g. I t vl w d acen
a r
Since the subject lot is located at the end of a peninsula, there will be little visual
impact on the neighboring properties and minimal visual Impact on the properties
across the bay.
view to south view to southwest view to west
b. h a w r as
C '
The water in the vicinity is very shallow. The petitioner states that, at Iow tide, there
is no water at the seawall.
1. T I v I a ·
The petitioner intends to moor a 20 foot pontoon boat.
I · hi r vi I I f
No seagrasses were observed in the vidnity of the proposed extension. A natural
population of benthic organisms is assumed to exist in the vicinity and will be
disturbed by the construction; however, no major long-term environmental damage
is foreseen as a result of the proposed dock extension.
JUN 2 4~ 1997
Plo OO
~mendation;.
Based upon the above findings, staff recommends that the Collier County Planning
Commission approve Petition BD-97-11 subject to the stipulations in the Resolution.
PREPARED BY:
Date
REVIEWED BY:
I~ol:~rt-J. Mulhem, AICP, Manager Date
Donald W. A~oid, ;~ICP, Director Date
Vincent ~ ~,autero, Administrator Date
Community Development and Environmental Services
Petition Number:. BD-O7-11
Staff Report for the May 15, 1997 CCPC meeting.
COLLIER COUNTY PLAN~i~COMMISSION:
Micha~ A. Davis, Chaim~
AGE:t/DA
,JUN :Z A 1997
p~.
PETITION NO.B D' 9 7 1 1-- DATE PETITION RECEIVED <.':
PROJECT PLANNER /~r~-~-2~ ~/b-C_w~_
(ABOVE TO BE FILLED IN BY STAFF)
· PETITIONER'S NAME
PETITIONER'S ADDRESS ~_~ ~__~ ~-
'~ TELEPHONE._~_~7_-__~.~ I -~
AGENT'S NAME
AGENT' S ADDRESS.
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) ~ BLOCK(S)___~ON,n-
SUBDIVVCVnu
(If the legal description is lengthy, i.e. a metes and bounds
description, please attach a separate.page providing that legal
description)
CURRENT ZONING OF SUBJECT PROPERTY
CURRENT LAND USE ON ~UBJECT PROPERTY
ADJACENT ZONING & LAND USE
List any additional BOAT DOCK FACILITIES in closm Proximity to the
subject property and the TOTAL PROTRUSION into the waterway of
each.
'JUN 2 ~ 199~
· ...~ ~ ~-~ ~.~;~,=~.~ ~.~-~ ~, :,-~., ~..~ ...... ~ ...... . · .. ..
EXISTING
W~.at is the width of the waterbody or waterway? ~*_~_~o~'
· Explain ~ully what you are requesting via this petition. What
will be constructed? ~ ; o ~ ~ uDEi~
The below listed criteria, pursuant to Section 2.6.21 of the
Collier County Land Development Code, shall be used as a guide by
staff in determining its recommendation to the Collier County
Planning Commission and by the Collier County Planning Commission
in its decision to approve or deny a particular Boat Dock
Extension request. Please provide any information you wish in
response to items (a-i) listed below. Attach additional pages if
necessary.
e)
Number of boat houses or docks to be located on subject
property in relation to the length of waterfront property
available for the location of the dock facilities. (If
multiple slips are intended, indicate the total number.)
!
b)
Water depth where boat dock facility is to be located and
distance to the location of navigable channel. (Indicate
water de~th at mean low tide.) . --
c)
The nature and speed of water currents in the navigable
channel. (NOTE: All salt water bodies, natural'or man made,
are tidal in nature. This question refers to the nature and
speed of water currents in the navigable channel; are they
swift, are they fairly constant, often changing, etc?)
JUN 2 4 -1997
-2-
.. d) The land contour (bottom profile) of the property on ~hich.
the dock facility is to be located. (Does it slope gradually
toward the channel; are there high and low spots; does it
..slope gradually then dro9 off steeply; etc.?)
e) Th~ effect the dock facility will have on the safety of the
users of the navigable channels and adJacen= wate~ays.
l
The location, length/protrusion and design of dock facilities
on...adJ ac~nt properties.
DI~rt ..--.~.___, adjacent t_~_th~ubJect property,s ~ (N,S,E0
p oper~y line ~~lOt~have a boat dock f~ty.
Location, prot~si~ign of boat dock.
" ~
(N,S~W) property line~ have a boa= doc-~
facil~ity. Location, protrusion and design of Boa~
The impact the ext~nuton will have upon th, view of th~
wate~ay by adjacent waterfront property o~ers.
. , ~ . ~ ~ . ~
g)
h)
The distance to adequate water depth. (three feet at mean low
waters) as compared to the requested extension distance.
The size of the vessel(s) intended to be moored ~t the dock
facility. ~~.v ~-
SIGNATURE OF PETITIONER OR AGENT
· JUN 2 4. 1997 '
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JUN ~.,t 1997,-
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I, __~ou~ ~A9~% being first duly ~worn', depose
and say ~ha~ I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be
completed and accurate before~hearing can be advertised. I
further permit ~?_~_~$ ~. ~m~:_~_ to act as my
(AGENT'S NAME)
representative in any matters regarding this Petition.
State of Florida
County of Collier
The
foregoing
was acknowledged'before me this .~_ day of
~'/~%~.~ , 1996 by L~ &A ~. ~/'~r~ ',, who Is personally
identification and who
· - (S~gnatur~NotaryPub---U~)
SEAL
~ ~ Name of Notary ~)
NOT~Y PUBLIC
Serial/Co~ission
My Co~ission E~ire~
-5-
State of Florida
County of Collier
~h_e.foreg. oing was acknowledged before me this ~q_O% day of
k~, 1996 by ~-~q~_~=~ P~&~St~, who---t~-personally
now.
identification and ~ho did (di~
Name of Notary ~b----~)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
VARIANCE APPLICATION/5/14/91/md/7806
THE FOLLOWING 5 PAGES WERE PLACED IN
THE OFFICIAL RECORD OF THE MAY 15, 1997
CCPC MEETING BY MR. RICHARD JAKLITCH.
JUN 2, & 1997
·
'~'~te ~.s a bound_a~/ s~o7 of the
£ollo~; Lot ~, ~lock P, ~eplat
o£ Unit~ 3, r'~ttl$ Htc]:o~-~ Shorea
as ~ocorded in Plat Book 6, Pa~e 2
· #caLf of the pvblic records of Collier
.]"* ,..~,~' CcuntT, Florida,'
T~I-~"ff;Y ia located in ~ood ~ne ~.
~ q.2. per ~ity P~el No. ~20067 0179 D,
61310~.
'. -7
" m
'JUN 2, 4 1997
UN 2 ~ 1997
May 15, 1997
Petition BD-97-10. I'd ask all those present to speak on this
petition today to please stand and raise your right hand so you can be
sworn by the court reporter.
(The speakers were duly sworn.)
CHAIRMAN DAVIS: Thank you. Mr. Gochenaur?
MR. GOCHENAUR: Morning, gentlemen. For the record, Ross
Gochenaur, Planning Services.
Petitioner is requesting a 42-foot extension to allow for a
62-foot boat dock and lift facility which would accommodate one
25-foot pleasure craft. The property is located at Lely Barefoot
Beach and contains about 90 feet of water frontage. The waterway,
Little Hickory Bay, is very broad at this point, at least 400 feet.
COMMISSIONER THOMAS: 400 feet?
MR. GOCKENAUR: Yes, sir. That's the closest land from the
proposed site. The extension is needed to cross a 20-foot
conservation easement, consisting largely of mangroves, and also to
reach adequate water depth. The conservation easement also abuts the
southern property line, and the lot to the north of the property is
vacant.
..The protrusion has been measured from the most restrictive point,
which is the traverse line, as opposed to the property line of the
mean high water line, and the apparent extension is not going to be as
great as it appears. If it were measured from the mean high water
line, it would only be a 35-foot extension.
We have received no objections to this project and staff
recommends approval.
CHAIRMAN DAVIS: Any questions of staff?
Anyone else from the public that would like to speak on this
Close the public hearing.
COMMISSIONER THOMAS: I would move that we approve BD-97-10.
COMMISSIONER YORK: Second.
CHAIRMAN DAVIS: Motion by Mr. Thomas, seconded by Mr. York.
Discussion?
Ail those in favor signify by saying aye.
Opposed?
(No response)
CHAIRMAN DAVIS: That carries unanimously.
Petition BD-97-11. Mr. Reischl? Once again, I'd ask all those
present who are going to testify on this petition to stand, raise your
right hand so that you may be sworn.
(Ail speakers were duly sworn.)
CHAIRMAN DAVIS: Thank you. Mr. Reischl?
HR. REISCHL: Fred Reischl, Planning Services. This is a
request, at the opposite end of the county, for a 55-foot dock
facility in Little Hickory Bay.
The subject lot is located at the end of 3rd Street, which is the
end of a peninsula out into the waters of Little Hickory Bay. The
land across the waterway is the conservation area for the Lely
Barefoot Beach PUD.
I AG£~ru
Page 9 ~' ~
JUN g 4
PI-~.~
May 15, 1997
And I inserted some photographs into the staff report which
unfortunately came out better on the printer than they did from the
commercial printer, but I think you can see on there the expanse of
the waterway, i took the photos from the location where the dock is
proposed, approximately 30, 32 feet from the north property line.
The dock is proposed to extend 55 feet. It's an L-shaped dock
and it more than meets the side yard setback. At the time I was at
the site visit, the petitioner told me that the tide was approximately
medium tide, and the water, as far as I could see out, was very
shallow.
And staff recommends approval.
COM~4ISSIONER THOMAS: Any letters been received?
CHAIRMAN DAVIS: Any questions of Mr. Reischl?
MR. REISCHL: I did receive one phone call. The gentleman did
not object or support; asked numerous questions, and said he may be
here.
CHAIRMAN DAVIS: Mr. Thomas?
COMMISSIONER THOMAS: This is really a question for Ron Nino. I
really like the way this was presented, okay. Can this software be
made.available or the equipment be made available to all the planners?
MR. NINO: I'm sure it is.
CHAIRMAN DAVIS: I agree with Mr. Thomas. It's a very nice
presentation, Mr. Reischl.
MR. REISCHL: We'll try to get the printer to get better quality
pictures, because on the printer off the com~uter they came out
perfect.
CHAIRMAN DAVIS: Those pictures are always very helpful, because,
as you know, it's impossible for us sometimes to do site visits
e~ez%~here.
Any other questions?
COMMISSIONER THOMAS: I think there's a little slight
misrepresentation on the size of that boat though, at any rate.
CHAIRMAN DAVIS: Mr. Nelson?
COMMISSION~ NELSON: Mr. Reischl, getting back to my comment on
the first petition we looked at. In this case, adequate water depth
is noted can be reached at about 36 feet, and yet this is quite an
additional extension beyond that, of 55 feet. Can you address that
for a minute or so?
I agree that there is no real problem with navigation or views,
but why are we out so much farther than we really a~ear to need to
MR. REISCHL: The 36 feet shows 36 inches of water and it does go
out beyond that by a few feet.
I don't have an answer, besides the fact that the bay is at times
shallower than -- at certain points, the bay is shallower than would
allow the dock to be closer to the seawall.
COMMISSIONER OATES: Mr. Chaiz-man, I've done a lot of dumb things
in my life, but I've never owned a boat. But this is a pontoon boat.
I thought they can literally get in right here.
COMMISSIONER YORK: In a puddle.
NO. ~
Page 10
May 15, 1997
COMMISSIONER OATES.. In a puddle, yes.
MR. REISCHL: That's how I interpret it, too. I don't know if
perhaps Mr. Franse could answer that in a little more detail.
MR. FRANSE.- Yes. I'm Andy Franse. I'm the agent for the owner
of the property. And the reason that we were trying to get a little
more depth there than 36 inches is because we have some friends who
live across the bay who have a very large boat that is not a pontoon
boat, and he requires more depth. And he'll be coming to visit us,
hopefully.
CHAIRMAN DAVIS.- The previous petition, I think the object was
what, three and a half feet? MR. GOCHENAUR: Yes.
COMMISSIONER THOMAS: But if you look at it, they're talking
about a boat lift -- you got a boat lift on this also, don't we? MR. FRANSE: Yes, sir.
COMMISSIONER THOMAS: At the point where we' re talking about he' s
only getting 46 inches of water.
COM~ISSIONER OATES: For a pontoon boat, you don't need any
water, do you? I mean really, literally.
COMMISSIONER THOMAS.. With a pontoon boat, you can probably get
by w'ihh about 2 foot of water, with the outdrive down, okay. But if
you bring any other boat in there that draws 3 feet of water you need
this depth. '
CHAIRMAN DAVIS: By the same token, it would seem to me that if
you're talking about doing a boat dock extension on real property,
that you would have some generic water depth that you'd strive for.
It's like if I'm going to add a garage onto my house and I have a
Volkswagen, I'm going to build a standard size garage; I'm not going
to-build it just for the Volkswagen.
COMMISSIONER THOMAS.- Thank you.
CHAIRMAN DAVIS.- So that's why I say, going back to the previous
petition, three and a half feet -- I'm not a boater. I'm smart, like
Mr. Oates.
COMMISSIONER YORK.. Me, too.
CHAIRMAN DAVIS: What is that generic depth that would serve the
property well in the future?
COMMISSIONER THOMAS: The typical pleasure boat draws about three
feet of water. If it's an outboard, you got another half a foot
further for the outdrive. That's the typical situation you're dealing
with.
CHAIRMAN DAVIS: So it strikes me that the petition is pretty
much on target.
HR. REISCHL: And in the proposed LDC changes, that criteria is
removed. The water depth criteria is removed in favor of other
criteria.
CHAIRMAN DAVIS: Right. Mr. Nelson?
CO~{ISSIONER NELSON: I'brought it up just so that we could try
~o be consistent. In the first petition, the water depth was reached
at 28 feet and we gave them another 10 feet to allow for the boat
dock, and some additional, and that would move this one from 36 to 46
Page 11
',JUN 2 1997
..
May 15, 1997
feet, rather than 60.
CHAIRMAN DAVIS: 55? Yes, 55.
COM~ISSIONER NELSON: So still we are giving this petition, if we
approve it, has got another 10 feet beyond that.
CHAIRMAN DAVIS: Mr. Reischl, what impact does the conservation
easement have on this distance?
MR. REISCHL: There's no effect. That's a thousand feet away,
auproximately.
COMMISSIONER THOMAS: Quarter mile, Ray?
CHAIRMAN DAVIS: Okay. Anything else, sir?
MR. FRANSE: No, I have nothing else. I'll be glad to answer any
questions.
CHAIRMAN DAVIS: Any questions of the petitioner's agent?
COMMISSIONER NELSON: I have one.
CHAIRMAN DAVIS: Mr. Nelson?
COMMISSIONER NELSON: Could the boat across the way actually dock
there if you were to receive an approval on 46 feet versus 55, or
would that preclude the visit?
MR. FRANSE: I'm not sure. The bay is so shallow, that it
actually drops one inch per foot, it seems, until you get to about 42
inches depth and then it levels off. And then it actually comes back
up ~nto the point that at low tide, there are many places in the bay
that are only about two feet deeD. And you can't even get a boat
across at low tide.
COMMISSIONER NELSON: So that would be true then at either 46 or
55?
MR. FRANSE: It's possible. I don't know. He has about a
27-foot boat with an outboard, and he requires about 42 inches of
depth,' I think.
CHAIRMAN DAVIS: Okay. Any other questions of the petitioner?
Yes, sir. Please come forward. I know that you were sworn. If you
could state your name for the record.
MR. JACKLICH: My name's Dick Jacklich. I'd like to stick this
up on the wall.
CHAIRMAN DAVIS: Please do, on the bulletin board over there.
MR. JACKLICH: This is a PUD drawing of this area that you folks
have been talking about. This is the point that is now under
discussion. Here is the Grassi house, and I'm the next door resident
on the west side. We have --
COMMISSIONER THOMAS: Use the microphone, sir.
CHAIRMAN DAVIS: There's a microphone right behind you. You
might have to turn it on, sir.
MR. JACKLICH: This is -- my neme's Dick Jacklich. I'm a
resident on the west side of Grassi. Mr. Butesh is on the right, or
the east side. This is the area of Hickory Bay that we're talking
about here right now.
This drawing is not the world's -- well, it's not a drawing, it's
actually a photograph. But if you get up close, you can, in fact, see
a lot of the shallow water that we talk about in here.
I've been a resident of Vanderbilt Beach in this area here since
Page
JUN 2 19aJ/
May 15, 1997
1972. I've owned my lot since 1987, I believe, and I boat through
here continuously.
COMMISSIONER THOMAS: Can I ask you a quick question? I hate to
interrupt you, but you just showed me something that might change my
mind on how I feel about this petition.
Let me ask you a question, Mr. Nelson. See right there, there's
a channel that goes right around that edge. COMMISSIONER NELSON: I agree.
COMMISSIONER THOMAS: How wide is that channel? Because we might
be intruding out into that channel too far, because the rest of that
area doesn't look that navigable to me.
MR. REISCHL: The petitioner stated there was approximately 500
feet from his seawall to the navigable channel.
COMMISSIONER THOMAS: To the channel or across the channel?
MR. REISCHL: To the channel.
COMMISSIONER THOMAS: What's the scale in that area?
COMMISSIONER NELSON: We don't know which channel, though, Fred.
See, there's two or three of them you c~n see that go across.
COMMISSIONER THOMAS: I'm talking about this channel here, that
comes right past the end of that house.
COMMISSIONER NELSON: That's right.
COMMISSIONER THOMAS: That's not 500 feet.
MR. JACKLICH: If I could comment for you. Recently, within the
last several months, markers have been placed in here. There is a
marker down here, there is one right in this area here, right here,
and just recently one was put right over here, approximately 200 feet
from a tangent point to the Grassi property.
COMMISSIONER THOMAS: Plus, you need to go to the right of that
marker'coming in.
MR. JACKLICH: You have to come over this way. However, if you
get close up here, you'll see some darker areas in here. This
property right here and this point on south is manmade property. This
was all dredged 30 years ago.
And there is a channelway in here, but it's not -- it's a manmade
channelway; it's not natural.
If you come out over here, the waters do shallow out
dramatically.
COMMISSIONER THOMAS: You just confused me. That channel marker
that you say is on the east side of that bay --
COMMISSIONER NELSON: Right here.
MR. JACKLICH: Right in this area.
COMMISSIONER THOMAS: That forces you to travel --
MR. JACKLICH: The water flows naturally from Bonita --
COMMISSIONER THOMAS: Is that an odd or even numbered marker?
MR. JACKLICH: I wish I could tell you the number. I don't know.
It was just recently put up.
COMMISSIONER THOMAS: Is it a square one or a triangular one?
MR. JACKLICH: Square.
COMMISSIONER THOMAS: Okay.
COMMISSIONER NELSON: What color? Red?
il3
~o. ~
~age [ 'JU~ 2, 4. 1997
May 15, 1997
COMMISSIONER THOMAS: See, what he told me, you got to come in to
the left of that when you're coming in that channel. COMMISSIONER NELSON: Yes.
COMMISSIONER THOMAS: The channel marker is sitting about there,
but you got to come this side of it.
MR. JACKLICH: Well, the flow of traffic comes from Wiggins Pass
down through here. This is one of the worst areas right through here;
it's many times two foot and less.
As you come down here, the water naturally flows north and south
exiting up at the Bonita Lovers Key and down at Wiggins Pass. These
areas off to the left in Lely, off over here, this is all mangrove,
very shallow back in here. Water flows do not go in here. They rise
up and down as the tide changes, but there is no current flow over in
here at all.
COMMISSIONER THOMAS: What I'm saying to the rest of the
commissioners, if this is a red marker sitting here, which would be a
square marker, you are supposed to stay to the, keep that red to the
right of you when you're coming back in. So that means that they
force the people this way, as opposed to this way in this channel.
So I was concerned about the way we use the particular channel,
but 'that's not a question.
COMMISSIONER YORK: I thought it was red right return.
COMMISSIONER NELSON: It is.
COMMISSIONER THOMAS: That's what I just said.
CHAIRMAN DAVIS: Okay. Would you like to go ahead and finish?
COPfiqISSIONER OATES: One of the reasons I never bought a boat.
MR. JACKLICH: I had a couple comments. I wanted to kind of give
you an overview before I made my comments with regard to the petition.
-There are a lot of people that use back in here. This is a condo
complex with dockage; there is a public community boat ramp right in
here that is used by all of these people in the Little Hickory Shores
area. These are boat lots right in here. They are not wide enough to
put houses on, but people have boats there. So there is quite a bit
of traffic.
We have one man right at this location here who owns a 40 to
50-foot Scarab with twin 250 motors. He comes out through here at a
pretty good rate of speed.
I mentioned the natural waterways to you. We just recently got
the markers up here reducing speed. I think within the last month or
month and a half She Marine Patrol had a major accident. One of their
guys plowed into a private marina that was Just approved down here not
long ago, put h{m-elf in the hospital, and t. hat caused a lot of
markers to be put up almost {~ediately.
As I mentioned, the marker here out in the channel, the closest
one to Grassi is about 300 feet away.
I have a few proble~ with the facts on the application and what
I think the planner, Mr. Reischl, did with regards to this
application. I'd like to -- (Hands document to Mr. Nelson)
That's a plot of the Grassi property.
I've got some photographs
Page 1,
May 15, 1997
behind it and another couple of drawings, one that I think Mr. Reisch!
has over there.
With regards to the Planning Commission's regulation of the code
on these matters, Mr. Grassi's property has 195 foot of seawall
basically facing south. And if you'll notice on the drawing there,
the layout of the property, his home, his pool and that, is directly
oriented south. So he gets the long view of the bay there.
That 195 feet, if you reduced it by 15 feet on each side for
setbacks, would still leave him 165 foot of useable space to choose to
locate a dock. At the planned location, which is 30 feet down, which
now is recommended at 30 feet down from my property line, the water is
shallow there, and he would require going out a little ways.
At the planned location, the water depth at the seawall during an
average low tide is almost zero. However, actual water depth measured
at various points along the seawall at a distance of 25 feet out, was
an average of three feet, and will get deeper significantly as you go
out. That is not because of natural -- that is because that property
has been, that's marmuade over there, and it was dredged, just like
Port Royal.
There is a high amount of boating traffic experienced in this
area.' Some of that traffic can easily get within a hundred feet of
the seawall due to the water depths. People who boat in this area
know that that water is basically pretty deep going right around that
point out there. You can use all of the waterway in there if you
basically go slow, have a small craft and, you know, use caution.
Mr. Thomas, with regards to a three-foot draft on boats, I don't
think there's a boat that can operate in here with a three-foot draft.
That's a large boat. Pontoon boats normally take about 18 inches of
d_~-af-~'in the water.
Currents, with regards to item number three on the regulation,
the currents are constant and do change with the tides going north and
south. They vary approximately 18 inches, as noted.
When the commercial -- or the private marina was being built
right next to Bonita Beach Road over there, I was over there, I looked
at the working drawings there. They had hired someone like Rocky
Scofield, Turrell & Associates, to measure the depths over there, and
they had one and a half foot to plus 1.2, I think, on the high side,
for water depth change. So about 18 inches coming and going.
Primary current movement is up and down through the bay. Large
amounts of silt and sand are a by-product of the fact that the water
does move this way as it curves out like this.
Over the years, eddies or whatever have caused a lot of sand to
be deposited, and you can even see it right here, if you look at this
very closely. It's for that reason that I think he might be
requesting to go out as far as he is.
The land contour end bottom profile with regards to item number
four in the regulations, gradually drops off to a~roximately three to
f~ur feet at a distance of 20 to 25 feet from the seawall. The slope
then increases and the depths get greater, up to about 10, maybe 13
feet, out to a distance of approximately 50 to 100 feet. And then
Page 15
May 15, 1997
they rise back up again because you're back now into natural area,
which was not dredged.
This can be somewhat verified, too, by looking at the titles and
the abstracts on the properties on this particular street. The center
of the natural channelway, we were just talking about that, Mr.
Thomas. That's about 300 feet to the west of the point of the
property there. However, large numbers of traffic do enter and exit
the back bay area in there, around the other side of Third Street,
including a few others that I mentioned, including that guy with the
50-foot boat.
With regards to item six in the regulations, Lot 7, which is
mine, has a boat dock being built at the present time. The dock that
I came in here for required an extension. I was concerned about the
sand and the silt and that which has built up on the west side there,
and was unsure how to deal with it, because as I go toward the Grassi
property, it became wo=se and worse. So I located my boat at -- or my
dock at the extreme end of the other side of my property.
COMMISSIONER THOMAS: It's on the north end of your property?
MR. JACKLICH: Yes. And I hired Rocky Scofield to do the work
and check the depths and everything for me, so that we were --
'COMMISSIONER THOMAS: Out from your house, that channel, that
dredged channel that sits, almost abuts your shore, how far is that
out?
MR. JACKLICH: It gets deep. We started to get deep water at
about 30 feet and then we went out from there to locate the dock
itself for the lift system. But we had to go out, I think it was 31
to 35 feet before we could get adequate depth right there.
MR. REISCHL.. There's a diagram of Mr. Jacklich's dock,
attachment four in the application packet, if you want a reference
point.
CHAIP.HAN DAVIS: So what's your recommendation to us?
MR. JACKLICH: I would ask you to look at my dock. We've reduced
it in size. It's not anything like it now looks. It was proposed at
55, it's 38 foot, and we moved it in three foot from the original
requested protrusion.
Just cutting right to the chase, I'm not here to stop Mr. Grassi
from building his dock. I would like to see him have it. However, I
would like to propose a couple of changes.
One, that the dock be located no closer down the property line
from Lot 7 than 80 feet. That's in about another 45 feet from where
he's now presently asking to locate it.
COMMISSIONER THOMAS: Can I see the package back?
MR. JACKLICH: I'd also ask that the dock protrusion into the bay
be limited to an overall distance of 31 feet. This would allow for
the eight-foot walkway he has shown in his diagram out there where his
pontoon boat would be located. And if that was -- the end of that
portion of the dock was located at 20 foot, we'd find three-foot water
there. Another 11 feet, as he's shown on his drawing, for his pontoon
boat, that's how I came to 31 foot overall.
CHAIRMAN DAVIS: You were approved for 55 feet, sir?
Page 1{ ,o. ~
JUN ~ ~ 1997
p~. ~.~
May 15, 1997
MR. JACKLICH: Yes.
CHAIRMAN DAVIS: And you actually built it at 30?
MR. JACKLICH: No. We scaled the size of the dock down from 55
to 38, and the protrusion out which was granted at 55, we brought that
in to about 52. We just couldn't back it in any further and still
maintain the three foot at 35 foot out.
CHAIRMAN DAVIS: Mr. Nelson, did you have a question?
COMMISSIONER NELSON: Yes, I did. Partly it's been clarified
already. I wanted to find out whether your objection was to the
length of the dock or its location, and whether if, in fact, does it
bother your view at 55?
MR. JACKLICH: Yes, it would. The petitioner states that it
wouldn't, but I think at 30 foot down from the property line, you can
see in the photographs there that anything that sticks out that kind
of distance, you can't miss it. And I think one of the very first
photographs was taken right at the property line looking south. And
if you can imagine 55 feet going out from there, that's a long ways.
I guess my reason is not only for view on my concern, but as I
mentioned, he's got about 165 feet of still useable seawall space,
much of which provides better water depth. The point that I
mentfoned 80 foot down from my property line, after walking out there
with a pole at low tide and sticking it in the water, I found a spot
right there which I thought was as deep, it went down a little bit,
then as you continued around, it went back up to three foot.
But at 80 foot down from the property line and 20 foot out, he
gets three foot, 25 foot out, he gets four foot depth of water. I'm
saying why would you want to go to 55 feet when you can achieve what
you're looking for at much less a distance, and at the same time, that
lo=ation does not impair his visibility down to the south.
His house is laid out in a V-shape, and I extended some lines on
the plot drawing there to show you that it wouldn't extend any to
bother his view.
COMMISSIONER NELSON: It would certainly bother it -- it would
have more impact on his view moving it over to 80 feet than he has
now, though. I mean that's clearly why he put it where he did.
COMMISSIONER THOMAS: Based on this photograph, he can probably
move it to about 50 or 60 foot, and --
MR. JACKLICH: That's a plot drawing right there. Those are
bedrooms.
COMMISSIONER THOMAS: I'm looking at the photograph.
MR. JACKLICH: Yes. The location on that plot drawing that you
have, right there, those are bedrooms on the east side of this sort of
Y-shaped house. This is not the primary living area. That red
drawing that I put there would cause the boat dock drawn to scale to
not even impact the main living area.
CHAIRMAN DAVIS: Okay. Mr. York?
COMMISSIONER YORK: If I understand you, Mr. Jacklich, you would
like the petitioner to move the dock further away from your property
toward, more toward the center?
MR. JACKLICH: Right. I'd like to see him bring it down.
Page L7
JUN 1997
May 15, 1997
COM}{ISSIONER YORK: Let me ask you a question. How far is your
dock from your neighbor's?
MR. JACKLICH: I am located, at the northernmost point of my
property, 15 foot from the setback, 15 and a half, 16 foot. But that
was a function of the water depth. If I came up toward Grassi's
property, I would have required an even greater extension than the one
that I asked for. We went to the place that provided us --
CO~ISSIONER YORK: Thank you.
MR. JACKLICH: -- the best depth that we had.
CHAIRMAN DAVIS: Thank you. Any other questions? Thank you,
sir.
Mr. Franse, did you -- did you want to respond?
MR. FRANSE: Yes, please.
CHAIRMAN DAVIS: Please come to the microphone and restate your
name for the record, please.
Mr. REISCKL: While Mr. Franse is coming up, I just want to point
out that Mr. Jacklich's dock, as Mr. York pointed out, is 15 feet from
his neighbor and does have two boat lifts.
So, I didn't present this petition last year at the hearing, but
I'm. sure that view was taken into consideration at that time, also.
CHAIRMAN DAVIS: Thank you, Mr. Reischl.
Mr. Franse.
MR. FRANSE: My name is Andy Franse. I represent Mrs. Grassi,
Mrs. Grassi-Franse, the owner of the property. And the reason for the
location of the dock in this particular diagram is because we have a
pathway already going exactly to the dock, and we have storage and
electricity and water already there in that area.
So what we wanted to do is just continue the pathway right out
o~t6 %he dock. And we measured it, and it came out 32 feet from the
property line, and that was well beyond the 15 feet requirement. So
that's the purpose of the location.
CHAIRMAN DAVIS: Any questions? Mr. Nelson?
CO~ISSIONER NELSON: Yes. Even though you have a pathway, you
mean you have a pathway from the house running --
MR. FRANSE: We have a pathway from the storage areas.
COMMISSIONER NELSON: Yes. So even though it moves directly
toward that ex/sting location -- MR. FRANSE: Exactly.
COMMISSI~ NELSON: -- it would a~ear that after it got there,
it could make a right angle turn and go -- if in fact, if you moved
it, would it cause you a problem to move it some n,,m~er of feet to the
left of where it's planned?
MR. FRANSE: Wouldn't cause any problem, no, except just be the
inconvenience of making a turn, ~king two turns. We thought
aesthetically, it would look better to just continue the pathway that
is already existing there.
CHAIRMAN DAVIS: Any other questions? Okay, thank you.
One very brief statement. If you could restate your name for the
record.
MR. JACKLICH: Dick Jacklich again, neighbor to the west. As you
Page 1
JUN lgg7
May 15, 1997
can see again from the photograph there, that step is just a couple of
pieces of PT6 2 by 12. It doesn't take but three seconds to lift it
The property is tiered up and the location for the electrical and
storage that's being mentioned here, there's adequate walkway that
would bring you right around to the point that I was asking about for
the 80 foot down location. It's not really a major issue of going
around plants, materials or anything like that.
CHAIRMAN DAVIS: Okay. Thank you. A~yone else to speak on this
petition today? Close the public hearing.
COM~ISSIONERYORK: I would --
CHAIRMAN DAVIS: Mr. York.
COMMISSIONER YORK: Mr. Chairman, I would move we approve
BD-97-11 as recommended by staff.
CO~ISSIONE~ PEDONE: Second.
Mr. THOMAS: I second that.
CHAIR~L~N DAVIS: Motion to approve by Mr. York, seconded by Mr.
Pedone. Any discussion?
COMMISSIONER NELSON: Yes. I guess I'd like to see a compromise
if, in fact, an~bod~ else agrees. It would seem to me that if we
compromised and moved the dock 50 feet from the property instead of 30
feet, and brought it from 55 feet to 46 feet, both property owners
would be served to a great extent and maybe both would be happy.
Maybe both would be unhauuy; that's also a risk.
But I would like to see a compromise of some sort.
CHAIRMAN DAVIS: Is there any --
COMMISSIONER WRAGE: I would tend to agree wi~hMr. Nelson,
although the length of the ~ock I really didn't have as big a problem
as-maybe moving it away from the lot line, as discussed by the
neighbor. I'm sure if I was in his situation, I do see, you know, we
talk about view. But if it's my boat, I want to look out and look at
my boac.
But I'm not as smart as Mr. Oates. I owned one, but I did sell
it. But I agree with a compromise. I will not support it as
presented.
CHAIR~L~N DAVIS: Okay. Well, let's go ahead and vote on the
issue then.
All those in favor signifyby saying aye.
O~l~os~d?
COMMISSIONER NELSON: Aye.
CONHISSIONWRAGE: Aye.
CHAIRM~N DAVIS: So ~hat passes five to ~wo, wi~hMessrs. Nelson
and Wrage in ~he minority. Petition NUA-97-1.
HR. NINO: Ron Nino for ~he record, presenting Petition NUA-97-1.
CHAIRMAN DAVIS: Mr. Nino, if I could.
HR. NINO: Yes.
CHAIRMAN DAVIS: Anyway, ~hie is -- Mrs. AshCon, this would be
judicial in nature, Chis petition?
MS. ASHTON: Quasi-judicial. Yes.
Page 9
JUN ~ ~ 1~7
P~.~
EXECUTIVE SUMMARY
PETITION NO. CU-97-I0, ROBERT DUANE REPRESENTING SEACREST SCHOOL,
REQ~G CONDITIONAL USE "4" OF THE F. STATES ZONING DISTRICT FOR A
SCHOOL ADDITION FOR PROPERTY LOCATED AT 7100 DAVIS BOULEVARD, IN SECTION
8, TOWNSHIP $0 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 9. 8 ACRES.
This petition seeks to obtain a conditional use to allow for the expansion of an existing private school
CONSIDERATIONS:
The applicant is requesting a conditional use to allow for the expansion of the existing school facility
to be completed in two phase. The first phase includes the addition of three (3) new classrooms, a
r~ource center, 65 parking ~acez, and administration building. The second phase is proposed for a
D, mnasium and z~4 parking ~aces. The petitioner states that the proposed expansion is not intended to
dram·tic~lly increase the number of students enrolled in the ~chool but to enhance and improve the
campus. Present enrollment is 280 students and is expected to increa~ to 360 students by the year
2000. The existing school was approved under PU-84-15 and ha~ been in continuous operation at this
The petitioner also pn.pos~ to relocate Unity Way, a private road fi-om thc central portions of the
property to the eastern edge of the property as noted on the conceptual site plan for the addition. The
relocation of the wad will improve safety by allowing the proposed addition~ and related structures to
all be on the same side of thc road. While the plans to relocate Unity Way do not require · public
petition to vacate, thc utility easements scrvinE thc property will be vacated st a subsequent date. In
addition, adjacent property owners that have an interest in the roadway have been contacted and no
objections have been ra/sed.
Access to the subject site is provided from Davis Boul~ard and is opposite the Berkshir~ Lakes PUD.
The Ixaffic impact review indicates that the propos~ use will gena-ate I10 trips prr wvekday which
will not exceed the significance test standard (5 IX~'cent of the l~vel of scrvic~ "C' design volume) on
Davis Boulevard (SR 34) fronting thc project In addition, thc site gcmrged trips will not lower the
level of servic~ below tbe adopted LOS "D' ~ for SR-84. Tbercforc, this petition/s com/ste~
with Policy 5.1 ~xl 5.2 of the Traffic Circulstion Element (TCB). The TCE also cl~sifies this segment
of SR-g4 as · 4 ha~ ma-hi road fronting tbe project. The cuzr~at tr~ic count for this ggment i~
17,$23 AADT which results in LOS "B' operation. It d~ould be noted that the t~-gment of SR-M west
of County Barn Road is currently being improved to 4 lane facility, ther~for~ this petition is c. onsi~ent
with the Policy 1.4 of the TCE.
The ~n-munding hnd ur, es inolud¢ thc following: Thc ~ ~w~ north~a%., _ .~_~~
/
and i'~ z~ned PUD (Fsllin$ W~ters). The property to the south i~ developed with ~ church while thc
lands to the west is zoned EstaIes.
All cot~tional usc petitions rcquirc ~t findin~ on thc part of the Collicr County Planning Commiasion
(CCPC) based on the provisions of Section 2.'/.4. A prcponderance of the findings support an action to
spprove the subject petition. The conditional use findings ar~ formatted to givc both reasons for or
spins~ s decision to ulilize the properly for a medical snd health service facility. Said findin~ ar~
included in this executive summary submission together with the staff retx)rt which is approved by
CC'PC.
A summary of the major Pro/Cons from the Finding r~port is as follows:
Thc proposed use is consistent
with thc Growth Management Plan.
The existing ingress/egress should
operate adequately and with an
acceptable level of safety.
This petition repr~,ents
comlmfible land us~ conditions.
Inta~sifying the traffic condition on this
segment of Davis Boulevard may at times
give rise to inconveniencing neighborhood
residents adjacent to the school.
Temporary noise and glare may
result to neighboring properti~
during the construction phase.
Thc projcct is required to ~
the buffer by 10 fe~
Thc Collier County Planning Commission reviewed ~ petition on lunc 5, 1997 et their public
hearing ~xl voted to r~commend approval of this petition by a 6 to 0 vote, subject to thc stipulations in
the Resolution-
This petition by snd of itself will have no fuml ~ on the Counly. However, if this smeadm~
~chi~v~ it~ obj~iv~ tho had will be developed. The mere f~ th~ new developmeni has been
fees prior to thc ism~ce of building permit~ to help off-~t the impact of e~c.h m.w development on
regaled to mdnt~in sdopted levels of service for public facilities. In the event thst impact fcc
colleciio~s sre in~dequs~ to maintain sdopted levels of m-vice, the C. oamy mu~t provid~ supplemental
fumts from other r~venue sou~zes in order to build regaled f~.-ilities.
non-residential uses such as essential services, churches and school facilities. In addition, the existing
school was approved at this location in 1984. Since the proposed school addition is a conditional use
in the Estates district, the proposed school addition is consistent with the GMP. The conditional use
petition does nothing to change these relationships or otherwise impact consistency relationships with
the GMP. This petition has been found consistent with the Collier County Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that thc petition.s property is located outside an area of historical and
archaeological probability as referenced on thc official Collier County Probability M~p. Therefore, no
Historical/Archaeological 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 construction activity an historic or archaeological m'tifact 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.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition CU-97-10, for Conditional
Use "4" of the Estates zoning district for property described in the attached Resolution of Adoption and
Exhibits thereto which includes the conditions of approval and a Conceptual Master Plan.
PREPARED BY
RAY t0ELLOWS
PRINCIPLE PLANNER
REVIEWED BY:
'ROgERT J. MULHERE, AICP
.CUI~RN~A~N/G MAN~.GER ,,
DONALD W. ARNOLD, AICP
a. ¢ trr o, anmmsa . o
DATE
COMMUNITY DEV. A.ND ENVIRONMENTAL SVCS.
EX SUMM.M~YfRV'B/rb
JUN 2 ~ 1997
~_~
MEMORANDUM
TO:
FROM:
DATE:
COLLIER, COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
MAY 12, 1997
PETITION NO: CU-97-10, SEACREST SCHOOL
OWNER/AGENT:
Agent:
Robert Duane
Hole, Montes & Associates
715 Tenth Street Sou'.la
Naples, Florida 34102
Seacrest School
7100 Davis Boulevard
Naples, Florida 34104
To obtain conditional use "4' of the "E"
existing school facility.
Estates zoning district to allow for thc expansion of an
The subject property is located on the south side of Davis Boulevard (SR-84) in Section 8, Township
50 South, Range 26 East. (See illustration on the following page)
The objective of this conditional use petition is to allow for the expansion of the existing school
facility to be completed in two phases. The first phase includes the ~ldition of ~ (3) new
classrooms, a resotwee center, 65 parking spaces, and administration building. The second phase is
proposed for a g~nnnasium and 44 parking spaces. The petitioner states that the proposed expansion
is not intended to dramatically increase the number of students enrolled in the school but to enhance
and improve the campus. Prezent enrollment is 280 students ~md is expected to increase Io 360
students by the year 2000. The existing church was approved under PU-84-15 ~d has been in
continuous operation at this location.
property to the eastern edge of the property as noted on me conceptual .n. te pmn ~or
relocation of the ro~d will improve safety by allowing the proposed ~Idiuons ~ relat~
1
-'JUN 2 1997
all be on the same side of the road. While the plans to relocate Unity Way do not require a public
petition to vacate, the utility ca,merits serving the property will be vacated at a subsequent date. In
addition, adjacent property owners that have an intcre~ in the roadway have been contacted and no
objections have been raised.
Exi~ing Conditions:
Sun-ounding:
Thc site is currently developed with a school and is zoned Estates.
North - Davis Boulevard and residential; Zoned: Countryside PUD.
East Developed residential; Zoned: Falling Waters PUD.
South - Developed Unity Church of Naples; Zoned: Estates.
West- Undeveloped; Zoned: Estates.
This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the
Growth Management Plan, as noted below:
F_~ The subject property is designated Urban Residential on the Future Land Use
Element (FLUE) of the Cn'owth Management Plan (GMP). This designation is intended to allow a base
density of 4 units per acre. The district also permits non-residential uses such as churches, schools, essential
services and medical related uses. In addition, the existing school was approved at this location in 1984. Since
the proposed school addition is a conditional use in the Estates district, the proposed school addition is
consistent with the GMP. The Collier County Land Development Code introduced the requirement for
approved conditional uses to obtain additional conditional use al~roval for purposes of expansion. In
all other respects we find the proposed expansion consistent with applicable elements of the GMP.
Trnffic Clrcnlntlon Element: The traffic impact review indicates that the proposed use will generate 110
trips per weekday which will not exceed the significance test standard (5 percent of the level of service "C"
design volume) on Davis Bovl~ (5R-84) fronting the project. In addition, the site generated trips will not
lower the level of service below thc adored LOS '13" standard for SR-84. Therefore, this petition is
cort~istent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
Staff ha~ concluded that no level of service standards will be adversely affected
Appropriate mitigation _n~___~tres and stipulations will assure that the County's intere:
The TCE also cla~'ifies this f, egment of SR-84 a~ a 4 lane an~-rial road fronting the project. The current
uaffic count for this segment is 17,823 AADT which results in LOS "B" operation. It should be noted that
this segn'~:nt is not projected to be deficient at the build-out of the project. In addition, the segment of SR-84
west of Coonty Barn Road is currently being improved to 4 Lme%, therefore, this petition is consistent with thc
Policy 1.4 of thc TCE.
Oeht. r Ap_nli,~hU, ~ Staff review indicates that this petition has been designed to account for the
~ relati~tships dictated by the GMP. Mitigation measures and stipulations have been developed
(where appropriate) to ensure consistency with the GMP during the permitting process. Development
p~,,iued by the approval of ~ petition will be subject to a con~ review under the provisions of
Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the
next to occu~ of either £mal SDP approval, final plat approval, or building permit applicable to this
development. Therefore, this ixoposed PUD amendment is con~istent with the goals and policies of the GMP.
Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of
service relationships are to be achieved by stipulations and/or development commitments made a part of the
approval of this development order.
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required.
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division staff.
The Transportation Division staff has recommended that the applicant be responsible for road impact
fees for the differential in the number of students. In addition, all conservation areas shall be recorded
as conservation tracts or easements dedicated to an approved entity or to Collier County. The
Community Development Services environmental staff approved this petition and did not require
review by the Environmental Advisory Board (EAB)
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code
(LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land use change, be they positive or negative, culminating in a staff recommendation
based on that comprehensive overview. The below listed criteria are specifically noted in Section
2.7.4 of the Land Development Code thus requiting staff evaluation and comment.
This criteria shall be used as the basis for recommendation of approval or denial by the Planning
Commission to the Board of County Commissioners. Each of the potential or considerations
identified during the staff review are listed under each of the criterion noted below, and are
categorized as either "pro" or "con" as the case may be, in the professional opinion of staff. Staff
review of each of the criterion is followed by a summary conclusion culminating in a determination
of compliance, non. compliance, or compliance with mitigation.
a. Consistency with this code and Growth Management Plan.
Pro.' Thc subject site is designated Urban Mixed Use in the FLUE of the GMP. This district
permits non-residential uses such as essential services and school related uses. In addition, since thc
proposed school addition is a conditional use in the Estates district, the proposed petition is
consistent with the GMP.
Con.' None.
JUN 2 4 1991
be
~ · This petition is consistent with the FLUE on thc Collier
County GMP. The proposed use is authorized in the Urban Mixed Use designated areas and
is permitted in thc Estates district as a conditional usc.
Ingress and egress to property and proposed structures thereon with particular
reference to auto, motive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Pm'. The project's existing ingress and egress from Davis Boulevard will not be changed.
There is an existing eastbound fight turn lane on SR-$4. Due to the Iow traffic volumes and
clear site distance from Davis Boulevard, the existing access road should continue to operate
adequately. In addition, the relocation of Unity Way to the edge of the property minimizes
the need for students to cross the road.
Con: Intensifying the traffic condition at the intersection of Davis Boulevard Falling Waters
Boulevard may at times give rise to inconveniencing neighborhood residents to the north and
east.
-- · Staff has reviewed the conceptual master plan submitted
with this conditional use request, and is of the opinion that due to the relatively low traffic
volumes generated by the addition, the project's entrance should operate adequately and with
an acceptable level of safety.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pm'. It is unlikely that glare or odor will be produced by the proposed addition· In addition the
proposed 10 foot landscaping buffer will provide additional screening. In addition, the
proposed structures are 40 feet or more from the property line with Falling Waters instead of
the required 30 feet.
Con.' Temporary noise and odor may result to neighboring properties during construction of
the proposed building addition.
· ' ' · The orientation of the proposed building additions are such
that it is buffered from adjacent multi-f~nily residential property by an existing berm with
plantings. This will be augmented by a 10 foot buffer on the edge of the property. In staffs
opinion, the proposed addition will have limited negative effects on neighboring properties in
relation to noise, glare, economic or odor effects.
Compatibility with adjacent properties and other property in the district.
Pm.' Thc proposed use of thc property is no different than thc existing sch
subject property. It is also less intensive than the commercial uses at the ir
Santa Barbara Boulevard to thc easL.
4
'JUN 2 4= 1997
PS. ~
· ' · The compatibility of the proposed school addition is not a
significant issue due to the existing school use and the church uses to the south.
Staff' r~:onun~nds that the Collier County Planning Commission (CCPC) r~,omm~d approval of
Petition CU-97-10 for conditional use (4) of the Estates zoning distrk~ as oth~'wise condition~xi in the
R~solution of Adoption.
PREPARI~ BY:
PRINCIPAL PLANNER.
KEVIEWED BY:
'R(~BERT J. MULHERE, AICP
~ PLANNING MANAGER
DONALD W~. A.I~NOLD, AICP
/~TRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
P,.-tition Number CU-97-10
Staffl~pon for June 5, 1997 CCPC me,ting.
NOTE: This Pmition has be~n advenisexl for the June 24, 1997 BCC me~aing
COLLIER, COUNTY PLANNING COMMISSION:
MICHAEL A. DAVIS, CHAmMAN
STAFF I~:PORT~fl~
1997
COMMUNITY DEVELOPMENT DMSION
PLANNING SERVICES
Name o£Applicani(s): ~
Date
Applkan~'s Mailing Ad&ess:
City:. ~a,ni __ S~e: ~ Zip: 33134
AppI~canCs Telephor~ Number:.
I~ ~he Applkant the owner ofu~e subject property?
~ a) Ifapplicant is a land ~ so indicate and name beneficiaries below.
It' applicant is a corporago~ other Ihan a public corporatlork so indicate and name o~cers
and rnabx stockholders below.
m c)
If applicant is a parmership, lirnhed partner~hip or o~er business endty, so indicaIe and
name principals below.
__ ~ If ~tic~t is an owner, inclicaIe exa~ as recorded, snd list all other owner% if'any.
If applicara is a lessee, attar, h co~y of lease, and indicaie actual owners if not inclicaIed o~
u~e lease.
__X_ 0
If' spplicant is a coeu'ac~ purchaser, attach copy of contract, and indicaIe actual o~uer(s)
name sr~d ~kiress below.
(Ifspa~e is inadequa~ anach o~ separate page.)
~ NamsofAg~t
Agenfs ~g Addm~ ' '
Agmfs Telephone Numbs. ~
,JUN g t 1997
DETAILED LEGAL DESCRIIxlION OF THE PROPERTY COVERED BY THE APPLICATION Of
space is ~'mdequate, ~ on sepmmte page. If request ~nvolves change to more ~han o~e zoning dis~c~
include separate iega~ descdpgon for property involved in each ~stdct. If property is odd-shaped, sub~t
copies of sur~, (1" ~o 400' s~e).
~ APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION.
IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGIlqEERM
Ct~,'II~CATION SHALL BE REQUIRED.
SECTION: ~ TOWNSHIP: ~ RANGE: ~
o
$iz~ of Property: vaz~ fi. x v-az~ fr. Acres:
Address or location of subjec~ property:.: ' -
Exis~g Land L~evafio~: ~ Coun~ Flood Cdteda Elev~fion: ZoneX
b. If Petitioner has opfio~ to buy, indicate dale of option: __
and date option ~*nninates:.
c. Contract Pm'chaser. An~c~pmed date ofacquisitior~ ' '
Does propemy owner own contiguous property ~o 1he subject property? If so, g~ve complete legal descdp~cm
ofenlire contiguous property. (Ifs'pace is L'~dequate, attach on separate page).
· 9.
This applkafim is htendecl to cove. (Check which type ofpetitio~ you are requesting):
for:.
B. Ccx~tic, ml Use: I and 16 ot~ A. Rural Am-icultural
earfl'm~n~g and enm.,o care fadlifies, care unks. and nmsin~ homes.
JUN 2 4 1997
10.
why application should be approved. (Attach ~ditional sheets if necessary.):
11.
proposed use prohibited by deed restrictions?
If yes, provide copy ofthe deed restrictions.
Yes ~ No
12.
Is t~s ~..quest a result ofav~ol~on? No
If so, to v~m was the no6ce served?
13.
~ a public he.rig been held On t~s property wi~n the last yeaz? No
If so, in ~ name?
I4. Are there existing structures on the property? Yes
TYPE: CBS ~ FRAME .__, MOBIL~ HOM]? ~ OTHER
* used as o.l~ce
1, ~ being fu'st duly sworn, depose and say that I am lhe Contra:t Purchaser
of the property descn'bed herein md which is the subject matter ofthe proposed hearing;, that ~fll the answers to the
quesgons in ibis application, and all sketches, data, ~nd other supplementary mailer attached to and made a part of
l~s appLical~on. ~e honest ~.d lzue to l~e best of my knowledge and belie£ I understand ~ applkat~m must be
complete and accutec before a hearing can be ~vertLsed. I further permit the undersigned to act as my
ding I~ Petition.
Sigrm'ur~ of Contr~ ~
STUART MARCUS AS TRUSTEE, OR. ASSIGNI~
BRUCE F.. TYSON, ASLA
STAT~ OF FLORIDA
COUICrY OF COLLIER
d,.Vno did (did not) -o -o -o -o -o -o -o -o .
($i~atum ofNom~, l'ubli,)
jUN g 4 1997
/ :
PI- ~
AFFIDAVIT
I, IoAnn M. Smallwood, being first duly sworn, depose and say that I am the General Partner of
Smallwood Nurseries Land Trust, the owner of the property described herein and that Stewart
Marcus as Trustee, or Assignee, is the Contract Purchaser of'the subject property. I permit
Stewart Marcus as Trustee, or Assignee, and their agent Wilson, Miller, Barton & Peek, Inc. to
make application for Conditional Use of the property.
SMALLWOOD NURSERIES LAND TRUST
STATE OF FLORIDA
COUNTY OF COLLIER
The foregohg Application was acknowledged bet'ore me th~s ~ day of'_~2;t~.~__.~ 1996,
by ~ who is~own to ~ or who has~r'oduced ~
as identification and who did (did not) take ~ oath.
2 1997
1
2
6
?
$
12
13
l&
17
22
23
32
RESOLUTION 97-__
A RESOLUTION PRCVIDING FOR THE ESTABLIShmENT
OF A SCHOOL CONDITIONAL USE '4~ IN THE
'E" ESTATES ZONING DISTRICT PUI~UART TO
SECTION 2.2.3.3 OF T~E COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WI~REAS, the Legislature of ihs State of Florida in Chapter
67-1246, Laws of Florid&, and Chapter 125, Florid, Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public~ and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
ia the granting of Conditional Uses~ and
WHE~EA~, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of
Conditional Use '4' of Section 2.2.3.3 in an 'E' Estates zone for a
school on the property hereinafter described, and has found as a
matter of fact (Exhibit 'A') that satisfactory provision and
arrangement have been made concerning all applicable matters required
by said regulations and in accordance with Subsection 2.7.4.4 of the
Land Development Code for the Collie: County Planning Commission; and
~HEREAS, all interested parties have been given opportunity to
he heard by this Board in a public meeting assembled and the Board
having considered all matters presented.
NO~, THEREFORE BE XT RESOLVED, BY THE BOARD OF ZONING APPEAL~ of
Collier County, Florida that:
-1-
JUN A 1997
I The petition filed by Robert Duane, A.I.C.P., of Hole, Montes
2 Associates, Inc., representing Seacrest School with respect to the
3 property hereinafter described as:
Exhibit 'B' which is attached hereto and incorporated by
6 reference herein
be and the same is hereby approved for Conditional Use '4# of Section
s 2.2.3.3 of the ~E' Estates zoning district for a school in accordance
! with the Conceptual Master Plan (Exhibit 'C') and subject to the
10 following conditions:
II
12 a. The Planning & Technical Services Manager may approve
13 minor changes in the location, siting, or height of
14 buildings, structures, and improvements authorized
IJ the conditional use. Expansion of the uses
16 identified and approved within this conditional use
17 application, or major changes to the site plan
]~ submitted as part of this application, shall require
19 the submittal of a new conditional use application,
~ and shall comply with all applicable County
3! ordinances in effect at the time of submittal,
22 including Division 3.3, Site Development Plam Review
23 and approval, of the Collier County Land Development
24 code (Ordinance No. 91-103).
26 b. Permits or letters of exe:ption from the U.S. ~rmy
27 Corps of Engineers CACO£) and the South Florida Water
2; Hanagement District (S~MD) shall be presented prior
29 to final site development plan approval.
3! c. ~11 conservation areas shall be recorded as
)2 conservation/preservation tracts or easements
3) dedicated to an approved entity or to Collier County
3~ with no responsibility for maintenance and subject to
3S the uses and limitations similar to or as per Florida
~ Statues Section ~04.06.
$7
); d. Buffers shall be provided around wetlands, extending
35 at least fifteen (15} fee: landward from the edge of
~ wetland preserves in all places and averaging twenty-
4~ five (25) from the landward edge of wetlands. Where
42 natural buffers are not possible, structural buffers
43 shall be provided in accordance with the State of
, Florida Environmental Resource Permit Rules and be
4J subject to review and approval by Current Planning
4~ Environ~ental Staff.
4l e. ~.~ exotic vegetation removal, monitoring, and
~9 maintenance (exotic free) plan for the site, with
~ emphasis on the conservation/preservation areas,
~1 shall be submitted to Current Planning environmental
~2 staff for review and approval prior to final site
j) plan/construction plan approval.
SS f. Petitioner shall provide a fire sprinkler system in
~ accordance with Subsection 1141:3-5.1 NFPA.
~ g. Indicate location of fire hydrants. Fire hydrants
S~ shall be provided on site so that no
-2-
JUN g A 1997 '
structure is ~ore than 300 fast from a hydrant. NFPA
1141:3-7.3
IT FUrTHeR I~SOLVED that this Rasolution be recorded in the
~inutes of this Board.
This Resolution adopted after ~o~ion, second and~a~oritY vote.
Done this __~_.~___day of , 199~.
$
!
Ii
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13
BOAP~ OF ZONING APPEALS
COLLIER ¢OqJNTY, FLORIDA
14
IS ATTEST:
16 DWIGHT E. BROCK,
I?
Is
20 ~ SUFFICIENCY:
21
~ ~SSiST~I~I' CO~TI¥ ATTORNEY
26
-3-
'JUN 2 A 1997
P~. ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-10
The following facts are found:
1. Section 2.2.3.3.4. of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingres~ & egress
Yes t/No
C. Affects neighboring properties in relation to noise,
glare, 9co, omit or odor effects:
~w/ No affect or Affect mitigated by
-- Affect canno------~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use wit_hi~wdistrict
Yes ~_~___No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~) be recommended~
approval ____~____. ·
f/FINDING OF FACT CHAIRMAR/CU-97-10
EXHIBIT "A"
JUN 2 A 1991
· Pg.
EXECUTIVE SUMMARY
PETITION V-97-3, CHARLES HOLLAND RBQU~TI]qG A 16.4 FOOT VARIANCE FROM THE
REQUIRED 30 FOOT REAR SETBACK TO 13.6 FEET FOR PROPERTY LOCATED AT 2721
VAN BUREN AVENUE, FURTHER DESCRIBED AS LOTS 35-40, CRAIGS SUBDMSION, IN
SF, CTION 14, TOWNSHIP $0 SOUTH, RANGE 25 EAST COLLIER COLTNTY, FLORIDA. .--
This p~tition ~ka a 16.4 foot varianc~ from thc r~quir~ 30 foot r~ar yard acthack to 13.6 fe~.t to allow
for an addition to an exi.~ing garage ~orage ~rea and dwelling for c, onv~on into a duplex for
CONSIDERATIONS:
The pttrpose of this pedtion/~ to ~ r~licf from thc required rear y~d ~tb~.k d/mension of thirty
(30) fe~-t to 13.6 fe~i, to allow for a proposed 585 squar~ foot addition and ~ bre~:r~-way to the
existing dctach~ garage and dwelling. Thc ~xisting dct~aed garage was built in 1978 with Btfildin$
Permit #1593. The rear scthack for an accessory structure (garage) allows for a 10 foot rear setback
while the side scthack is the same as thc principal stmcn~ which was 7_~ feet. As a result, thc
dctach~ garage complied with all the RM-lA setbacks required at that time. S~ently, thc zoning
district was chnnged to RMF-6. It should bc noted that · portion of the existing detached garage was
converted into · second dwelling without · building permit by the previous prope~ owner, la
addition, this detached rcsidcncc/apartment has been in use for several years. To correct this problcrn,
the curr~t owner wishea to improve this non-conforming dwclling by making certain improvements
mad additiona that will allow thc atructu~ to mcct thc minimum floor ar~ ~ents by attaching
thc de,fac, bed garag~~ mad propoaed addition to thc ~d~ting aingl~-famlly dw¢!ling for u$~ ~ ·
duplex. Thc propoa~ addititm will not imaza~ tl~ {axax~lma¢~ from th~ exigln~ ~aa~ute into thc
r~r $¢tback. Furtlm'mo~ tl~ aafl}je~t lot m~-ta the minimum lot ar~ r~luirem~nt of 7,260 squar~ lost
per dw¢llk~ trait for · duplex. $it~ tl~ pwpeaiy has bom for~cl~ on by Deed In Lien of
For~c~ on 3/21/9'/, the petitioner is now applying for thc above r~f=zax~ vatianc~ to corr~ thc
Thc Planning Commission heard this petition on Jtmc 5, 1997 and tmanimously re~ammended by ·
vote of 6 to 0 that th~ Board of Zoning Appcala approvc thc 16.4 foot variance from thc r~luir~ 30
foot rr'ar r~tback to 13'6 fe~Ct' N° Perwn c°mmtmicated any °PP°sition to this Pctiti° ~'~~~' l
JUN 2 4 ~T :
FISCAL IMPACT:
Hone.
GROWTH MANAGEMENT IMPACT:
Thc proposed variance is consistent with thc applicable provisions of thc Growth Management Plan.
p~G COMMISSION I~COMM~NI)ATION:
Th~ Collicr County Planning Commission (CC'PC) forward Pctition V-97-3 to tho Board of Zoning
^pl~l~ (BZA) with e rccommcndation of approval.
PREPARED BY
~Y~LLOWS
PRINCIPAL PLANNER
REVIEWED BY:
ROBERT J. MULI~RK, AICP, MANAGER
VINCENT A. CAUTERO, ADbtlNISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
V.g'/-3/EX SUMMARY/RVB/~
m
JUN g 4 1997
AGENDA ITEH 7-J
TO:
FROM:
DATE:
RE:
OWNER/AGENT:
Owner/Agent:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
MAY 12, 1997
PETITION NO: V-97-3, Charles Holland
l~r. Charle~ Holland
3178 Lakeview Drive
Naples, Florida 34112
This petition seeks a 16.4 foot variance from the required 30 foot rear yard setback to 13.6 feet to
allow for an addition to an existing garage storage area and dwelling for conversion into a duplex
for property zoned RM~F-6.
The property fi-onts upon thc north side of Vanburen Avenue and is further described as Lots 38-
40, Craigs Subdivision, in Section 14, Township 50 South, Range 25 East. (See illustration
following page).
pURPOSE/DESCRIPTION FOR VARIANCE:
The purpose of this petition is to ~ek r~llef from the r~ rear yard ~-tback dimenzion of
thirty (30) feet to 13.6 fe~ to allow for a I~ 58.~ squar~ foot addition and ~,zreened
breezeway to the existing detached garage and dwelling. Tho existing detached gal'age was built
in 1978 with Building Prau~it #1593. The rear ~ack for ma acc, e~oty ~ructum (garage) ~llow~
for · 10 foot ~ ~k while thc side setback is thc samc as thc princlp~l sm~ which was
7.5 feet. A~ a rcsult, thc detached gemg¢ complied with ~ll thc RM-IA setb~s rcquircd ~t th~
of thc cfsti~ dcuchai ~ w~s ~ into ~ scared dv,-cllin~ without
for scvcr~l ycsr~. To corrcct ~ problem, thc currcnt owner wishes to ~ this non-
conforming dwclling by nuking ccrt~n improv~ taxi additions that will ellow thc struc'tu~
to mcct thc minimum floor m t~quirc:ncnts by ~tecbing thc dctached gar~e,'Zl~rUncnt
propo~d addition to thc ~xi~dng ~nglo-family dwclling for u~ u · d_~
Furthenn°~ thc ~ubject '°t m°~ th~ '"irJmum ':t m~ ~eat °f 7~ m !~. _~I.
-' ' ..... ' .... · l'
Fi~.LD N O0'O~'l&' W 157.71'
PLAT SOUTi4 157.67'
. · ~. '. . - ~ ~ ~ ' .
dwelling unit for s duplex. Sinc~ the property has b~en foreclosed on by Deed In Lieu of
Foreclosure on 3/21/97, the petitioner is now applying for the above referenced variance to
correct the problem and to comply with the zoning ordinance.
Existing: Single Family dwelling & garage. The property is zoned RMF-6.
Surrounding: North- An existing 4-pl~ apartment; Zoned RMF-6.
East - Existing single family; Zoned RMF-~.
West - Existing single family; Zoned KMF-6.
South- Vanburen Avenue; Zoned RMF-6.
The requested variance does not have any impact on this property's consistency with the County's
Growth Management Plan.
Approval of this variance request will have no effect on infrastructure, transportation or the
Section 2.7.5 cf the Land Development Code ~ives the authority to the Board of Zoning Appeals
(BZA) to ~rant variances. The Planning Commission is advisory to the BZA and utilizes the
provisions of Subsection "'~" (a) through (h) which sr~ general ~idelines to be used to assist the
Conunission in making a determination. Responses to items in this Subsection are as follows:
a. Are there special conditions and clrcumstance~' existing which are peculiar to the
location, size and characteristics of the land, structure, or building Involved?
yes, the previous owner constructed a 6' x 16' addition to the garage without a building
pcrmlt for usc ss an apartment. Conversion into s dwelling unit rcqulres a 30 foot rear
yard scthack for a principal structure. The current owner was not aware of the setback
problem u~til the property was cited on October 1996 for the addition. Since the required
rear setback for an accessory structure is 10 feet, the existing 13.6 foot r~ar setback is still
conforming ss an accessory structure. However, the previous owner converted the garage
to an apartment without a building
b. Are there special conditions and circumstances which are not the result from the
action of the applicant such ss pre-existing conditions relative to the property which
is the subject of the variance request?
yes, there arc pre.existlng conditions such ss the existing Prego/
a previous property owner. The conversion from an accessory structure to a principal
structure increased the setback from 10 feet to 30 feet. Therefore, it would be difficult to
relocate the detached structure.
Will a literal interpretation of the provisions of this Land Development Code work
unnecessary and undue hardship on the applicant?
Yes in the sense that the previous owner constructed a 6' x 16' addition to conver~ a
portion of the garage into an apartment. The current owner did not create the
encroachment. The variance is necessary to make the needed improvements that will
allow for the conversion of the existing garage/apartment into a duplex with the quality
and value allowed in the R.MI:-6 zoning district. It is a hardship because the application
of the setback requirement for accessory structures allows for a 10 foot setback while
conversion to a residential use requires a 30 foot rear yard setback. As a result the
structure would have to be moved or demolished.
Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes, the petitioner is only seeking thc minimum amount to allow the conversion of the
existing garage/aparlment into a duplex and to comply with the requirements of the Land
Development Code.
ee
Will granting the variance requested confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in
the same zoning district?
Yes, the ~ranting of the requested variance will allow the petitioner to convert an existing
non-conforming structure into a duplex with a reduced rear yard setback, however, all
variances effectively do this.
Will granting the variance be in harmony with the general Intent and purpose of
this Land Development Code, and not be Injurious to the neighborhood, or
otherwise detrimental to the public xvelfare?
It is staff's opinion that the granting of this variance will not be in keeping with the
general intent and purpose of the Land Development Code. However, it is unlikely that
any determent to the public welfar~ would result from its approval since the existing
garage is currently permitted at this location. The granting of this variance will not be
injurious to the neighborhood.
Are there natural conditions or physically Induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
No, there is adequate room to build a conforming structure, however, th
has been existing since 1978 and does not adversely impact the cireul
air of the adjacent land owners. The proposed nddition will also improve the appearance
of the existing structure.
Will granting the variance be consistent with the Growth Management Plan?
The granting of the requested variance will not affect or change the requirements of thc
Growth Managc-ment Plan.
That the Collier County Planning Commission (CC'PC) recommend approval of Petition V-97-3
being a petition seeking a variance to the minimum rear setback r~quir~ment 30 feet to 13.5 feet
for prol..¢rty described in the R~,oJution of Adoption.
PREPARED BY:
PRINC~AL PLANNER
REVIEWED BY:
~AICP, MANAGER
~ PLANNING~F,~rrION___ ,~,
COMMUNITY DEV. AND ENVIP. ONMENTAL SVCS.
DATE
Pc%ition Numlx:r V-97-3
StattReport for June 5, 1997 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
NflCHAEL A. DAVIS, CHAIRMAN
V.97-~l/STAFF REI~RT/RVB/r~
4
1997
(VARIANCE FROM SETBACK{S]
REQUIRED FOR A PARTICULAR ZONING DISTRICT)
(ABOVE TO BE
PETITIONER' S NAME
PETITIONER' S ADDRESS
Naples, F1 3&112
Charles liolland
3178 Lakeview Dr.
TELEPHONE 775-1676
AGENT'S ADDRESS
TELEPHONE
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(s~8-39-&BOLOCKis)-------
Craigs l& 50S 25£
SUBDIVISION SECTION----------TWP;~ndTGE'---------'
(If legal description is lengthy, i.e.
description, attach additional page)
CURRENT ZONING OF SUBJECT PROPERTY _,_____
Single family home with garage
EXISTING LAND USE ON SUBJECT PROPERTY
ADJACENT ZONING & LAND USE
N
S
ZONIN______~G LAND USE
4-ilex apartments
Vanburen Ave.
~MF6
E
l~F6 Single family
W
HINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY
FRONT: 35 CORNER LOT:~ (CIRCLE ONE)
[~" NATERFRON LOT:~_____~S (CIRCLE ONE)
SIDE: '
Single family! owned by Molland
Provide a detailed explanation of the request including what
structures are existing and what is proposed; the amount of
encroachment proposed using numbers, i.e. reduce front setback
from 25' to 18'; when property owner purchased property; when
existing principal structure was built (include building permit
number if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
The exi i
for several years. This garage was built in 1978 with a 13'-6" rear sec back,
now the o~ner elects to convert the ~arage into a residental dwelling by atttachtng
the garage to the house by the construction of an addition on the west ~tde of the
garage, making ica duplex.
The present o~ner purchased the property in 1992, then sold it in 1995 on a Contracl
for Deed. During the t/me the new o~'ner had posession of the property he built an
addition 6'X16" on the west side of the garage without · building permit. The
property was cited in October 1996 for the violation of ch~ addition.
Now the property has been foreclosed on by DEED IN LIEU ~F FORECLOSEI~E 3-21-1997.
The present o~mer wishes co clear this problem by building the requested addition
to the garage buc in order co do so must have a variance co meec present ZOninG.
Please note that staff and the Collier County Planning Commission
shall be guided in their recommendation to the Board of Zoning
Appeals, and that the Board of Zoning Appeals shall be guided in
its determination to approve or deny a variance petition by the
below listed criteria (1-6). (Please address this criteria using
additional pages if necessary.)
1. Are there special conditions and circumstances existing
which are peculiar to the location, size and characteristics
of the land, structure, or building involved.
2
AG[
JUN 2 4 1997
·
the proper~y which is the subject o~ '
the variance request.
The 6'X16" addition vas built without o~ners consent, vhich was done =-ichout
control of the prusent owner. ~is has caused the total problem ~hlch
now exists.
Will a literal interpretation of the provisions of this
zoning ~ode work unnecessary and undue hardship or create
practical difficulties on the applicant.
This problem has already created a hardship for the presen= o~mer because
of the actions of the previous purchaser of the property vhom acted
consent of the present o~ner or vithout acquiring proper building permits.
Nov through the necessity of foreclosure, the present ~ner must pay for
the addition as requested in order to meet County Code.
~lll the variance, if granted, be the minimum variance that
will make possible the reasonable use of the land, building
or structure and which promote standards of health, safety
or welfare.
Will granting the variance requested confer on the
petitioner any special privilege that is denied by these
zoning regulations to other lands, buildings, or structures
in the same zoning district.
NO, ocher properties in the same area have duplexes and apartments
on even single lots, such as directly =o the south of ~his property vhere
four (~) units are on one (1) lo~ and to the north vhere one (1) house
has four (&) one (1) bed room apartments. Yes, this is vithi~ the same
present land use as surroundin$ properties.
3
JUN 2, 4 1997 .
.._:
Will granting the variance be in harmony with the intent and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise detrimental to the public
welfare.
YES, this will be in harmony with other pro~erties as ~ust stated in
the previous s~atemen=,
Are there natural conditions or physically induced
conditions that ameliorate the goals and objectives of the
regulation such as natural preserves, lakes, golf course,
etc.
NONE
Will granting the variance be consistent with the growth
management plan.
YES
NO. ~
JUN 2 ~ 1997
· ~. /4'
I
7, Charles Hollana being first duly sworn, depose
and say that I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be
completed and accurate, before a ~e~ring can be advertised. Z
further permit , _. ~ u ~ ~ ~ to act as my
representative in any ma~ters regarding this Pe~tion.
State of Florida
County of Collier
The foregoing Agreement Shee= was acknowledged before me th~s
, who is personally known =o ~ or who has procuced ~m~
as identificatioq and who did (did not) take an oath.
,,-:s A. B~.ws'r NOTARY PUBLIC
~o=m. ,0. ~ 4921~9 Commission #
¥. C')~..,,~. Ex;. S~pl. 3.
go~dthru~ha~lns. A~. My Co~ission Expires:
SIGNATURE OF AG~NT
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged b6fore me th3s
day of , 1996 by
__, who is personally known to me or who has produced
as identification and who did (did. not) take an oath.
(Signature of Notary Public)
VARIANCE APPLICATION/md
.NOTARY PUBLIC
Commission I
My Commission Expires:
JUN i~ 4. 1997
R~SOLUTION NO. 97-__
RELATING TO PETITION HUMBER V-97-3,
FOb A VARIANCE ON PROPERTY
HEREIFAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
the Leg£slature of the State of Florida in Chapter
10 125, Florida Statutes, has conferred on all counties in Florida the
I1 power to establish, coordinate and enforce zoning and such business
11 regulations as are necessary for the protection of the public; and
WHERruAS, the County pursuant thereto has adopted a Land
14 D~velopment Code (Ordinance No. 91-102) which establishes
is regulations for the zoning of particular geographic divisions of
14 the County, among which is the granting of variances; and
17 W~REAS, the Board of Zoning~peals, being the duly elected
11 constituted Board of the area hereby affected, has held a public
19 hearing after notice as in said regulations made and provided, and
2o has considered the advisability of I 16.4-foot variance from the
21 required 30 foot rear yard setback to 13.6 feet as sho~n on the
22 attached plot plan, Exhibit "A', in an ILHF-6 zone for the property
21 hereinafter described, and has fo=nd as a matter of fact that
24 satisfactory provision and arrangement have been made concerning
2s all applicable matters required by said regulations and in
2& accordance with Section 2.7.5 of the Zoning Regulations of said
27 Land Development Code for the unincorporated area of Collier
2l County; and
~fliEREAS, all interested parties have been given opportunity to
30 be heard by this Board in public meeting assembled, and the Board
31 having considered all matters presented;
NON THEREFOR~ BE IT RESOLVED BY THE BOARD OF ZONZNGAPPEALS of
~3 Collier County, Florida, that:
34
2S the
14
The Petition V-97-3 filed by Charles Holland, with respect to
property hereinafter described as:
Lots 38-40, Cra/ge Subdivision, as rec®rded in Plat Book
4, Page 27, of the PGblic Records of Collier County,
Florida.
-I-
~JUN 2 4 1997
2
4
S
·
'10
11
22
14
15
20
22
23
be alzd the same hereby is approved for a 16.4-foot variance fron
the reqvired 30 foot rear yard aetbac~ to 13.6 fee~ as sho~n on ~he
attached plot plan, Exhibit 'A', of the I~HF-S zoning district
wherein said property is located, subject to the following
conditions:
This varisnce is for the encroachment depicted. ).ny
other encroachnen~ shall raqulre a new variance.
BE IT RESOLVED that this Resolution relating to Petition
Nm~ber V-97-3 be recorded in the linutes of this Board.
This ~esolution adopted after ~otion, second and mJority
vo=e.
Done this day of , 1997.
ATTEST:
Di/IGHT E. BROCK, CL£~i<
BOARD OF ZONING APP=--=£S
COLLI£~ COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAII~12~
APPROVED A~ TO FORM }.ND LEGAL SUFFICIENCY:
29 ASSISTANT COUNTY ATTORKEY
-2-
/
,°:
FIELD K O0'091&' W 137.71'
1
PLAT SOUTr~ 157,~7'
F~ELD S 00'05"3a' E 137.67'
iii
Exhibit
PETmON NO. V-97-4. GAlL J. AND LINDA J. HAFNER ARE REQUESTING AN
AFTER-THE-FACT VARIANCE OF 29 FEET FROM THE REQUIRED REAR SETBACK
OF 75 FEET TO 46 FEET FOR A PERMITTED STORAGE SHED CONVERTED INTO
A GUEST HOUSE WITHOUT A BUILDING PERMIT FOR A PROPERTY LOCATED AT
1181 25TM STREET S.W. IN GOLDEN GATE ESTATES.
The petitioner is requesting the above described variance in order to remove the
existing setback violation.
In 1992, the petitioner requested and obtained a permit to build a shed in the rear
portion of their lot. The plans provided by the applicant for the shed showed a 30 foot
rear setback (the Collier County LDC requires a 10 foot rear setback for accessory
structures such as storage sheds). During the construction the applicant decided to
convert the shed into a guest house (the LDC requires a 75 foot rear setback for the
main residences and guest houses). The applicant did not amend the building permit to
reflect the change of plans and did not obtain a Certificate of Occupancy for the
structure. Furthermore, the applicant Installed electricity, plumbing and a septic tank
with no permits or inspections. The applicant alleges some wrong doing on the part of
staff. His letter to this effect, is attached to this staff report and made a part of the same.
The Collier County Planning Commission reviewed this petition on June 5, 1997 and by
a vote of 6-0 recommended denial.
None.
Staff's analysis Indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required. ·
' !JUN :[t 1997
1
That the Board of Zoning Appeals deny V.97-4.
PREPARED BY:
CHAHRAM BADAM'rCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
~ ~, ~"~LHERE, AiCP, MANAGER
CURRENT PLANNING SECTION
DATE
DONALD W. ARNOLD. AICP, DIRECTOR
P~//~ING SERVICES/
*
~TRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
GAIL & LINDA HAFNEK
I 181 25TH ST SW
NAPLES, FL 34117
941-455-4233
IN DECEMBEK 1992, DICK CLARK, BILL SMITH AND BOB MONACHEK
CALLED ME INTO COMMUNITY SERVICES IN REGARD TO AN ONGOING
INVESTIGATION AT THE ENCLAVE ON GULFSHOKE BLVD. I WAS ~
SUPERINTENDENT ON ONE OF THE JOBS THERE. I WAS TOLD THAT THE
CONTRACTOE~ HAD PULLED A SINGLE PEP, MIT AND WERE DOING WORK
ON SEVERAL FLOORS. I WAS TOLD THAT THEY KNEW ABOUT THE
BUILDING I WAS CONVERTING INTO A GUEST HOUSE. DICK CLARK TOLD
ME THAT THEY WEREN'T AFTER THE LITTLE GUYS LIKE ME, THEY WERE
· ,I~I'ER THE BIG DEVELOPERS. HE SAID THAT Il: I WOULD GIVE THEM THE
BLUEPRINTS OF SOME OF THE CONTRACTORS THEY WOULD
"GRANDFATHEK" MY GUEST HOUSE. A FEW WEEKS LATER I WAS NOTIFIED
THAT EVEKYTI-IING WAS TAKEN CAKE OF, AND AS YOU CAN SEE THEY
VERIFIED THIS BY REFLECTING IT ON MY TAX BILL DATED 1-3-93.
IN OCTOBER 1996, I WAS IN PROCESS OF SELLING MY HOME AND DURING
THIS PROCESS DISCOVERED EVERYTHINO WAS NOT "TAKEN CARE OF." WE
HAVE BEEN ATTE2VIFriNG TO RECTIFY THIS SITUATION SINCE OCTOBER
LAST YEAR. FIRST I WAS TOLD THE COUNTY WOULD WORK WITH ME AND
THIS SHOULD TAKE LrFrLE TIME AND APPROXIMATELY $144. NOW FM
PAYING $850. PLUS GOD ONLY KNOWS WHAT AND ALL OF THIS
ORIGINATED WITH A COUNTY ERROR REGARDING SETBACKS AND AN EX-
EMPLOYEE OF THE COUNTY HAVING BEEN DISHONEST WITH ME, TI-[E
COUNTY AND COLrN'R.ESS OTI/ERS.
CAN YOU PLEASE FIND A WAY TO ~ US THROUGH THIS DILEMMA?
THANK YOU.
1991
GAIL & LINDA HAFNER
1181 2$TH ST SW
NAPLES, FL 341 ! 7
941-455-4233
IN DECEMBER 1992, DICK CLARK, BILL SMITH AND BOB MONACttER
CALLED ME INTO COMMUNITY SERVICES IN REGARD TO AN ONGOING
INVESTIGATION AT THE ENCLAVE ON GULFSHORE BLVD. I WAS THE
SUPERINTENDENT ON ONE OF THE JOBS THERE. I WAS TOLD THAT THE
CONTRACTORS HAD PULLED A SINGLE PERMIT AND WERE DOING WORK
ON SEVERAL FLOORS. I WAS TOLD THAT THEY KNEW ABOUT THE
BUILDING I WAS CONVERTING INTO A GUEST HOUSE. DICK CLARK TOLD
ME THAT THEY WEREN~ AFl'ER THE LITTLE GUYS LIKE ME, THEY WERE
~CTER THE BIG DEVELOPERS. HE SAID THAT IF I WOULD GIVE THEM THE
BLUEPRINTS OF SOME OF THE CONTRACTORS THEY WOULD
'GRANDFATHER' MY GUEST HOUSE. A FEW WEEKS LATER I WAS NOTIFIED
THAT EVERYTHING WAS TAKEN CARE OF, AND AS YOU CAN SEE THEY
VERIFIED THIS BY REFLECTING IT ON MY TAX BILL DATED i-3-93.
IN OCTOBER 1996, I WAS IN PROCESS OF SELLING MY HOME AND DURING
THIS PROCESS DISCOVERED EVERYTHING WAS NOT 'TAKEN CARE OF." WE
HAVE BEEN ATI'EMPTING TO RECTIFY THIS SITUATION SINCE OCTOBER
LAST YEAR. FIRST I WAS TOLD THE COUNTY WOULD WORK WITH ME AND
THIS SHOULD TAKE LITTLE TIME AND APPROXIMATELY $144. NOW I'M
PAYING $850. PLUS GOD ONLY KNOWS WHAT AND ALL OF THIS
ORIGINATED WI'IH A COUNTY ERROR REGARDING SETBACKS AND AN EX-
EMPLOYEE OF TI-HE COUNTY HAVING BEEN DISHONEST WITH ME, THE
COUNTY AND COUNTLESS OTHERS.
CAN YOU PLEASE FIND A WAY TO HELP US THROUGH THIS DILEMMA?
THANK YOU.
PI. o,~ ~
AGENDA ITEM 7-K
MEMORANDUM
TO=
COLLIER COUNTY PLANNING COMMISSION
FROM=
COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE= May 2, 1997
PETITION V 97-4
A~ENT/APPLICART=
Owner: Gall J. & Linda J. Hafner
1181 25'" Street S.W.
Naples, FL. 34117
The petitioner is requesting after-the-fact variances of 29 feet from
the required rear setback of 75 feet to 46 feet for a storage shed
converted into a guest house without a building permit.
The subject property is located a: 1181 25'~ St. S.W. in the Golden
Gate Estates and is further described as South 180 feet of Tract 105,
Golden Gate Estates Unit 15, Collier County, Florida.
In 1992, t2e petitioner requested and obtained a permit to build a
shed in the rear portion of their lot. The plans provided by the
applicant for the shed showed a 46 foot rear setback (the Collier
County LDC requires a 10 foot rear setback for accessory structures
such as storage sheds). During the construction the applicant decided
to convert the shed into a guest house (the LDC requires a 75 foot
rear setback for the main residences and guest houses). The applicant
did not amend the building permit to reflect the change of plans and
did not obtain a Certificate of Occupancy for the structure.
Furthermore, the applicant installed electricity and plumbing and a
septic tank with no permits or inspections. The applicant alleges
some wrong doing on the part of staff. His letter to this effect, is
attached to this staff report and made a part of the same.
-1-
!JUN 2 ,~ 1997
e,.
Existing
-Single family residence, zoned Estates
Surrounding:
North -Vacant, zoned Estates
East -Vacant, zoned Estates
South -single family residence, zoned Estates
West -single family residence, zoned Estates
Staff's analysis indicates that the petitione-"s property is located
outside an area of historical and archaeological probability as
referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required.
Approval of this variance request will
infrastructure, transportation or environment.
have no effect on
Section 2.7.5 of the Land Development Code grants the authority to the
Board of Zoning Appeals to grant variances. The Planning Commission
is advisory to the BZA and utilizes the provisions of Subsection 4) (a)
through (h) which are general guidelines to be used to assist the
Commission ~n making a determination. Responses to items (a) through
(h) of Subsection 11.1 4) are as follow:
Are there special conditions and circumstances existing which are
peculiar to the location, size and characteristics of the land,
structure, or building involved?
No, there are no .circumstances or conditions peculiar to this
site. The lot is 180 feet wide and 660 feet deep. Surrounding
properties are similar or smaller in size that the subject lot.
Are there special conditions and circumstances which do not result
from the action of the applicant such as prs-existin~ conditions
relative to the property which is the subject of the variance
request?
UUN g 4 1997
-2-
No, the applicant obtained a permit to build a storage shed and
built a residence. By this action, the applicant also avoided
paying the impact fees.
c. Will a literal interpretation of the provisions of this Land
Development Code work unnecessary and undue hardship on the
applicant?
No, the guest house can easily be converted into a storage shed,
as was originally permitted.
d. Will the variance, if granted, be the minimum variance that will
make possible the reasonable use of the land, building or
structure and which promote standards of health, safety and
welfare?
No, there is no need for a variance to make possible the
reasonable use of the land. However, this variance, if granted,
will be the minimum variance removing the rear setback violation.
e. Will granting the variance requested confer on the petitioner any
special privilege that is denied by these zoning regulations to
other lands, buildings, or structures in the sams zoning district?
Yes, this variance will allow the petitioner to have a rear
setback which is less than the required setbacks for the district.
f. Will granting the variance be in harmony with the general intent
and purpose of this Land Development Code, and not be injurious to
the neighborhood, or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the
required rear yard which will not be in harmony with the general
intent and purpose of the LDC. However, approval of this request
will not be detrimental to the public welfare.
Are there natural conditions or physically induced conditions that
ameliorate the goals and objectives of the regulation such as
natural preserves, lakes, gol~ courses, etc.?
Yes, the area is heavily vegetated, which provides a natural
buffer and reduces the visual impact of the guest house.
h. Will granting the Variance be consistent with
Management Plan.
-3-
'JUN 2
Approval of this variance will not affect or change the
requirements of the Growth Management Plan.
STAFF RECC~NDATION:
Staff recommends that the CCPC forward Petition V 97-4 to the BZA
with a recommendation for denial.
pREpARED BY:
CHAJ4RAM BAD;tMTCHI;tN, Ph.D. , AICP
SENIOR PLANER
DATE
REVIEWED BY:
R~1BERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DATE
DATE
DONALD W. ARNOLD, AICP, DIRECTOR
P LAN~NG S.ERVICES .
N 3" '-,"'~:'-
I STRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: V-97-4
Staff report for June 5, 1997 CCPC meeting.
This Petition has tentatively been scheduled for June 24,
BZA Public Hearing.
1997
Collier County Plan}~u~ Commission:
-4-
rJUN 2 t 1997'
RESOI,UTI~I NO. 97-~
RELATING TO PETITION NUHBER
v-gT-40 FOR A VARIANCE ON
PROPERTY HEREINA~rTER DESCRIBED Ill
COLLIER COUNT~, FLORIDA.
WHERF..JLS, the Legislature of the State of Florida in
Chapter 125, Florida Statutes, has conEerred on ail counties in
Florida the power to establish, coordinate and enforce zoning
and such business regulations as ate necessary for the
protection of t~e public; and
WH:R~S, the County pursuant thereto has adopted a Land
Development Code (Ogdinance ~o. 91-102) which establishes
:e~ula~Lons for ~he toning o~ par~icular ~eo~raphLc dLv~sions
o[ ~he ~oun~y, a~ong whLch is :he ~ron~n~ o~ va~ances;
KHEREAS, ~he ~oard o~ Zo~n~ Appeals, b~:~ ~he
elected co~s~:~u~ed Boa~d o~ ~e ~re~ he~y ~{e:~ed, h~s he~d
a p~bl~c hearLn~ after no~ce as ~n s~Ld regulations ~ode and
p~ovLded, and has considered ~he a~vLsa~ll~y o~ a 2~-~oo~
variance fr~ the required ~5 foot rear setbac~ to 46 feet as
sho~n on the attached plot plan, Exhibit 'A', i~ an
zone for the property hereinafter d~scrlbed, ;md has folmd as a
mattct of fact that sati~{;~:tory [~r-vl~io. ;...I .~rr..,}..m,.~t
been made concerning all applic;~blc, m;~tLc, r:~ rcqulrud
reguiations and tn accords.ce ~ith Section 2.'~.5 of Lbo Zoning
ReguIat~ons of said Land ~velopment Code {or Lhe
unincorporated ares of Collier County; and
WHERe, all interested parties have been g-lven
opportunity to be hear~ by th~s Board ~n public meeting
asse~led, and the Board ha~ng considered all matters
presented;
N~ THEREFORE BE XT RESOlVeD BY TIlE DOARD OF ZONING
APP~ of Collier County. florida, that:
The Petition v-gT-4 {Jlcd by Gall d. ami I.i~tl?~ T.
~th respect to the pro~rty hereinafter described
-1-
rJUN 2 4 1997
t
,,1
3
s
&
?
ti
~3
14
Is
1'I
1!
2o
23
24
2s
3~
The South 180 feet of Tract ~05, Golden Gate Estates,
Unit 15, as recorded in Plat Book 1, Pages 75 & 15,
of the Public Records of col,;er County florida.
be and the same hereby is approved for a 29-foot variance from
the required 15 foo =ear setback to 46 feet as shown on the
attached plot plan, Exhibit "A", of the "E' Estates zoning
district wherein said property is located.
BE IT ]~SOLV~D that this Reso~ution relating to Petition
Number V-91-4 be recorded in the ~inutea of this Board.
This Resolution adopted after ~otion, second and majority
vote.
~ne this day o~ , 1997.
ATTEST:
D~IGHT E. BROCk, CLER~
9OARD OF ZONING APPEALS
COLLIER COUt~TY, F~ORIDA
T!.~.OTHY L. H;~NCOCKo
APPROVED F~S TO FO~L¼ At;3 LEGAL SUFFICIEI:CY:
HJ~JORIE H. STUDENT
ASSISTANT COUNTY ATTORNEY
-2-
;JUN 2 ~[. 1997
JUN 2, 4~ 1997
· P~. /'/
VARIANCE PETITION
(VARIANCE FROM SETBACK(S)
REQUIRED FOR A PARTICULAR ZONING DISTRI~T~),.~ ,.-..~.~.. -_
PETITION NO ~
· DATE PETITION RECEIVED
PROJECT PLANNER
(ABOV~E TO BE FILLED IN BY ST~FF)
PETITIONER'S ADD.SS //// ~5--~ Jr
/'~',4-~ ~ ~ ~ ~'k ' . _~ 9'II?
AGENT'S ADD.SS ~,~
/
TELEPHONE
TELEPHONE
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S)
SUBDIVISION~)~'~'~ECTION ~/)- ~WP.p~2~O RANGS
(If legal description is lengthy, i.e. metes & bounds
description, attach additional page)~373
CUR~NT ZONING OF S~JECT PROPERTY
EXISTING ~ USE ON S~CT PROPERTY "
ADJACENT ZONING & LAND USE
ZONING
N ...~,-_-¢~'~,, ,~,~ -~
S
E
LAND USE
MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY
FRONT: CORNER LOT:~YES (CIRCLE ONE)
SIDE: WATERFRON LOT:.N~?YES (CIRCLE ONE)
NATURE OF PETITION
Provide a detailed explanation of the request including what
structures are existing and what is proposed; the amount of
encroachment proposed using numbers, i.e. reduce front setback
from 25' to 18'; when property owner purchased property; when
existing principal structure was built (include building permit
number if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
'-'';('; ' /'~' ~'('/,'~ C' ' ~ --
; ,; -
%,Z:r..~o '; . /&, '~.. .. _ .. .- .
..
.. - . / , ~. -
Please note that staff and the Collier County Planning Commission
shall be guided in their r'~commendation to the Board of Zoning
Appeals, and that the Board of Zoning Appeals shall be guided in
its determination to approve or deny a variance petition by the
below listed criteria (1-6). (Please address this criteria using
additional pages if necessary.)
1. Are there special conditions and circu~stances existing
which are peculiar to the location, size and characteristics
of the land, structure, or building involved.
· : ..... ...i .':'- .,.,-"? .',".'-.:,':...'..-..'.. ,.
Are there special conditions and circumstances which do not
result from the action of the applicant such as pre-existing
conditions relative to the property which is the subject of
the variance request.
Will a literal interpretation of the provisions of this
zoning code work unnecessary and undue hardship or create
practical difficulties on the applicant.
e
Will the variance, if granted, be the minimum variance that
will make possible the reasonable use of the land, building
or structure and which promote standards of health, safety
or welfare.
Will granting the variance requested confer on the
petitioner any special privilege that is denied by these
zoning regulations to other lands, buildings, or structures
in the same zoning district.
=" 'JUN
. ..- .~ .3 2 ~ 1997
......~,._.:**.~;.~..,;,;~-:,.,,....*..,...,-**,,.....';,.,.*. .... ~ ..... p, /~
· :.;f~.,2~.~&?'.~:,:?-:.,~:~:-:.~.'.=::,,~.;:..-"~.=-~.'~ .... :.. -. . ... ~ --'-7:---' --
w
Will granting the variance be in harmony with the intent and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise detrimental to the public
welfare. '
Are there natural conditions or physically induced
conditions that ameliorate the goals and objectives of the
regulation such as natural preserves, lakes, golf course,
etc.
Will granting the variance be consistent with the growth
management plan· .
.0. ~
'JUN 2 ~ 1997
AFFIDAVIT
I, ~ being first duly ~worn, depose
and say that I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be
completed and accurate before a.hearing can be advertised I
further permit /~ .~ .... '~ .... / ........ to act a~ my
representative in any matters regarding this Petition.
State of Florida
County of Collier
The foregoing AgFeem~nt Sheet was acknowle_dge.d b~for~ ~e th. is
, who is pe~so~ to m~ or ~
-- a~did not} take an oath.-~------
NOTARY PUm.'C - STATE OF
DU~NA J. CHILDS
COMMISSION # CC,601842
EXPIRF..8 12.10-2f,00
BONDED ~ A~ ~44&.NOTARYI
State of Florida
County of Collier
NOTARY PUBLIC
Commission #-~~c:~
My Commission E~pires: ~L-10-2~'~O
SIGNATURE OF AGENT
The foregoing Agreement Sheet was acknowledged before me this
day of , 1996 by
· who is personally known to me or who has produced
-- as identification and who did (did not) take an oath.~
(Signature of Notary Public)
VAR/ANCE APPLICATION/m~
NOTARY PUBLIC
Commission ~
My Commission Ex~
5
'JUN 2 ~. 1997
GAR. & LINDA HAFNER
1181 2$TH ST SW
NAPLES, FL 24117
941-455-4233
IN DECEMBER 1992, DICK CLARK, Brt.l. SMHTI AND BOB MONACHER
CALI.~'T~ ME INTO COMMUNITY SERVICES IN REGARD TO AN ONGOING
12qVESTIGATION AT T/~ ENCLAVE ON GULFSHORE BLVD. I WAS THE
SUPERINTENDENT ON ONE OF THE JOBS THERE. I WAS TOLD THAT THE
CONTRACTORS HAD PULLED A SINGLE PERMIT AND WERE DOING WORK
ON SEVERAL FLOORS. I WAS TOLD THAT THEY KNEW ABOUT THE
BUILDING I WAS CONVERTING ]~vro A GUEST HOUSE. DICK CLARK TOLD
ME THAT THEY WERE2q'r AFTER THE LITTLE GUYS LIKE ME, TI-IEY WERE
AF'rER THE BIG DEVELOPERS. HE SAID THAT IF I WOULD GIVE THEM THE
BLUEPRINTS OF SOME OF THE CONTRACTORS THEY WOULD
"GRANDFATHER" MY GUEST HOUSE. A FEW WI='FX.S LATER I WAS NO~
THAT EVERYT/-I]~G WAS TAKEN CARE OF, AND AS YOU CAN SEE THEY
VERIFIED THIS BY REFLECTING IT ON MY TAX BILL DATED I-3-93.
IN OCTOBER 199~, I WAS IN PROCESS OF SI~I_!_IN(] MY HOME AND DURING
THIS PROCESS DISCOVERED EVERYTHING WAS NOT "TAKEN CARE OF." WE
HAVE BEEN A'ITEMPTING TO RECTIFY THIS SITUATION SINCE OCTOBER
LAST YEAR. FIRST I WAS TOLD THE COUNTY WOULD WORK WITH ME AND
THIS SHOULD TAKE LITTLE TIME AND APPROXIMATELY $144. NOW I'M
PAYING $850. PLUS GOD ONLY KNOWS WHAT AND ALL OF THIS
ORIGINATED WITH A COUNTY ERROR REGARDING SETBA~ AND AN EX-
EMPLOYEE OF THE COUNTY HAVING BEEN DISHONEST WITH ME, THE
COUNTY AND COUNTLESS OTHERS.
CAN YOU PLEASE FIND A WAY TO ~-P US THR. OUGH THIS DILEMMA?
THANK YOU.
373&7200002 le
~JUN 2 4 lC~7
REC0~MENDATION TO APPROV~ FOR P, ECORDIN~ THE FINAL PLAT OF 'PELICAN
LAK~ R.V. RESORT, UNIT TWO'
TO approve for recording the final plat of ,Pelican Lake R.V. Resort,
Unit Two', a subdivision of lands located in Section 15, Township 51
South, Range 26 East, Collier County, Flcrida.
~S
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of .Pelican
Lake R.V. Resort, Unit Two'. These documents are in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. It is the intent of the developer to record
the plat prior to construction of the improvements. The security in
the amount of 110% of the total cost of the required improvements is
being covered by construction, maintenance and escrow agreement.
This would be in conformance with the County Land Development Code -
Division 3.2.9.
Engineering Review Section recommends that the final plat of "Pelican
Lake R.V. resort, Unit Two" be approved for recording.
The fiscal impact to the County is none.
The project cost is $468,290.50 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving, Grading
- $246,309.00
- $221,981.50
The Security amount, equal to 110% of the
project cost, is $515,119.55
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $9,238.05
Fees are based on a construction esti~
$468,290.50 and were paid in March, 1997.
'JUN 3 & 1997
Executive Summary
Pelican Lake R.V. Resort, Unit Two
Page 2
The breakdown is as follows:
a)
Plat Review Fee ($425.00 + $4./ac)- $ 538.60
b)
c)
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $1,231.55
Drainage,
Paving, Grading (.425% const, est.)- $ 943.00
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $3,694.64
Drainage,
Paving, Grading (1.275% const, est.)- $2,830.26
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Commissioners approve the Final Plat of
"Pelican Lake R.V. Resort, Unit Two" 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 "Pelican Lake
R.V. resort, Unit Two."
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.
Executive Summary
Pelican Lake R.V. Resort, Unit Two
Page 3
PREPARED BY:
~Senior Engineer
Engineering Review
REVIEWED BY:
Engineering Review Manager
Community Development & Environmental Services
Co~m~nity Dev. and Environmental Svcs. DIVISION
JRH/ew
'q-q 7
Date
Date
Date
Date
1997'
~UTH
'APLES
RO
1
NO.
!JUN 2
1997
CONSTRUCTION, ~AINTENANCE A~.ND ESCROW AGP..F. EMIENT
FOR. SUBDIVISION IM~PROYEME~
THIS AUI~ht~LENT mr.~ed/nto Mis ~ ~y of ~, 1~, by P~ICAN
~or~Oon ~o~ m do ~ ~ ~ Su~ of ~ofi~, who~e ~ ~ do D~vid N.
to as '~v=lu~r'), ~ ~E ~0~ OF COU~ C051~IONE~ OF CO~ER
(herei~ rd~ ~ a '~e Bo~d') ~ ~T NA~ON~ ~ OF MAR~ND.
approv~ by ae Bo~ of a cer~ plat of a ~divsion w ~ ~o~ a P~N LM~ R.V.
~ORT UN~ ~0.
B. ~e ~i~slnn ~11 ~lude ce~ ~mv~ea~ which ~ te~ by Co~ie:
JUN 2 4 1997
,,,.
November 2~,
I.e~ler h~s entered ~to ~ c~mt~ctio~, lo~= 3~eemcn~
1996 (t. ha 'Com~-~ion Lo~.n") to ~md thc co~t of ~. I~cquir~d lr-.prove~rlen~.
Developer ~ ~ Board have ~ck~owledge~ that ~e
to g~t~an~ee I~tsuanl to ~ Ag~eem~t ~ $51~, 119. ~ ~ ~
Derelict's en~'s est~ of ~e co~U ~s~ f~ ~e R~ ~:ov~cn~.
fo~ows:
1. ~vclop~ ~l c~e uh= wa~r, se,v~, roads, drawee ~d l~e facgit[es,
iu~ivision plat.
2. Develo~r he:thy au~or~es Le2der to hold S5 ~ 5, ~ 19.5 5 ~om ae Come.ion
~n, ~ escrow, p~mt to ae te~ cf ~ A~eeme~t.
~mtimte a ~w ag~t ~e Co~s~ion ~m ~d, but ~at
d~bws~, whe~er ~rsu~t ~ ~s A~ee~:t or a pro. sion of ~c Co~on Lo~. ~1
of ~c D~ve~op~ Se~s D~o~ who sb~l ~ove ~e relic of ~e ~ds on depsit not
more ~ once a m~ ~o ~e Devel~, ~ ~n~ due for work.
-2-
percen~ge c, cr~le~ of the work rau!Oplied by ~e ~~ ~k~ ~ ~ ~ (I0~
me xeleme orany r~ of ~cw~ ~uds e~ ~ ~'er~ ~ S~a,s29-°5~
. ~m ~fiod of one (1) yc~ p~t m Pmgaph' 1~ of ~ ~ H~.
event ~at ~el~ s~ ~ ~ co~ wi~ ~e r~~ ~ A~ ~
~e ~nder, ~ of ~e ~ of ~= d~d, pro~d~ ~ u~a ~ of m~ b~ to ~e
C~=~, ~ C~ w~ ~ve ex~ ~d ~1~'~ w ~ ~ ~ ~e f~ m~ ~ a
s~ent to ~ si~ by ~ ~vel~ S~i~ Dk~or m ~e eW~
~v=l~r for m~c ~ aix7 (~) ~Is ~er writt~ wOrld,Ion of~h faHcre
~e ~/. or i~s ~thod~ed ,ten~, ~1 ~lete ~e work c~ for
m~ of ~e a~ve-m~fion~ co~a~ ~ ~ compl=te such ~on of s=b work :s ~e
~ iu sclc ~aon a~ ~=m ~ ~ ~= public ~=z w ~e e=e= of ~e ~ ~ held
~ es~ow;
(c) ~e ~.~row ~s ~l~ do~ by ~e ~] ~ ~ ~ed for ~m~ction
of ~e Developer ~o ~ o~ ~d ex~e ~e a~ve-~iio~ d~el~t work:
(d) ~ Co~ ~ prom~y r~ ~o ~e ~= m)' po~on of ~e ~ dra~ down
~ not e~d~ ~ ~l~iou of ~e s~d d=/elop~nt work.
· 5. W~ ~c: ~ ~e ~ ~ ~e C~' ~~ w~ ~o~ a~ in ~ paid
-3-
Cou=ty =~ Dcvclope~: of thc Lcc_.ger fo= ri~ ftmds disb=r~xi in scc~rd.~nc~, wi',h th~ lea:er of
~tnhori.zazion from the Cotmry.
6. . Tile R:quir~ Improvcmen~ ~tl not be considered complete u~il a satemcnt of
substantial completion by Developer's. en~k~eer along wi~ t. he_fma,l project records have be:a
· the Collier Ccu~' Sutxiiv;.sion
7. T~ De'vclupu~-m .gcrvic~ Dlre'~or shall, wit/ga sixty (60) days of receipt of the
staement of substamial completion, either: ~) ~otif'y the Developer ia wridag et' hi~ pre 'lim~an/
itp. royal of the improve; o~ b) ~odf'y the Developer ia 'wring of his re~'.sal to approve the
kq:~provemen~, therewir, h specif~ those -caglkicas which the Developer mull ,'klfil[ ia order
obu~ia the Diret'~r of:he Req~red Impr~'~zc::is. How~'cr, in ~ .,:rcm ~ ',he
,Se.wic:s Direc~r ~ ~imi~-! ~:~-o;'al oi~ in~proveme:t! if the)' are ia fact
8. Slr. mflxl tlg fur. ds held in es,.,"-ow be ia.ml~.cie,,_t to' complete '.be
kl~rovezne:~s, I:he Boa."d. IRer dilly cr~t,~'klering the publk: imer~t, may l~ ks option
thc Required lmpro, cmcn~ ami rg~-n mm.,, ired all legal remedl~*s against Lhe Developer.
9. Nothing in this Agr:emeat $ ~hal! make the Le~der liable for a.~' .~mds o~.-r th~n
ihose placed in deposit by t-he IX'v~l~ ia a¢~rdance ~ the foregoing provision;
imt the Lemler does not rclea.~ any monies ~o rig Devel(mer or to :my othc person exert
smed ia thi~ Escrow Agrt. m:e~.
10. Tlg Dev~ioper shsll ~ all Requi.r~ Impzovemeats for one year
preli~ approval by thc Development Servic. e~ ~or. After lhe one }.ear maiatenance
-4-
period by 0:¢ Dcvclol~ and upon submission of a
upon thc respective successors ~ a~sil;m0f ~he Dev~.!0pu.
IN WITNESS WHEREOF, ~c Boarl znd thc D:vclopcr havc.cau!ed ru'rJs Agreement
.~. execut~ by their duly amhori=ed represen.~d':e$ ~ __ day of ,199",.
SIGNED, SEALED AND DELI%rERED
IN TEE pRESENCE OF:
Prirrt~l N~me.
PELIC.-MN ~ LIlv~ PARTN ~'ER.qHIP.
by ha C,,:n~al Partu~, PELICA. M La, KE.
INC., ~ M~-ytand Coq~ora~n a,.t~ofiz~ to
NORMAN W. WILDER. Pr, esiden~.
~JUN 2 4, 1997
DWIGHT E. BROCI~ CLERK
Deputy Cl,nk
NATIONAL BANK OF MAR'{I_~ND
~ l'¢m~.-..~~'~,' ..
BOARD OF COUNTY COM~IlSSIONERS
OF COLLIER COUNT~, I LORIDA,
By:
A~2roved ~ Co form ~ lcgal suffic~.ency:
-6-
· l~.s)'01, 1997 11:40
Summ~r~
0~7~)~$-~-£~
Wilson, Miller, Barton & peek
Opinion of Probable
· PELICAN LAKE R.V. RESORT ·
UNIT TWO
page: I
sang.fy Collection System
Po~abl¢ Water
Drainage
Paving
Lighting
Total Contract
Contingencies' 10%
Total Construction
S162~89.00
:$$4,~20.00
$55,436.00
S15,000.00
$468,290.50
S46,829.05
q
Mayol, 1997 11:40
Sanitary Collection System
0237-005-00-E2
cch t' '
419
420
421
422
423
424
442
443
444
445
447
2091
984
417
411 .
946
435
453
8" PVC gravity mare
(0'-6' cut)
8" PVC gravity mare
(6'-S'cut). · ·
8' PVC'gravity mare
(8'-10' cut)
8" IrVC gravity mare
(1o'-12' cut)
8' PVC gravity mare
02'-!4' cut)
8" PVC gravity mare
(14'-16' cut)
Manhole 4' diameter
(0'-~' cut)
Manhole 4' diameter
(6'-S' cut)
Manhole 4' diameter
(8'-10' cut)
Manhole 4' diameter
(10'-12' cut)
Manhole 4' diameter
04'-16 cut)
Drop manhole outside connection
Cormect to existing msahole
& modify as necessary
6" Sanitary sewer cleanout
Doul~le sanitary sewer service
Television inspection
4" P~C for~emain
(C-9CO, GL- I CO)
Pump station (complete)
6' diameter
Wilson, Miller, Barton & Peek
Opinion of Probable Cost
PELICAN LAKE R.V. RESORT
UNIT TWO
Page:
Estimated
· a i 't ~ nit-P'ce A unt
1,007.00
988.00 LF ·
714.00 LF
~ "'."-~i4'.00 $14,098.00
.SI8.00
$'21.00
$17,784.00
$14,994.00
117.00 '
$27.00' $3,159.00
48.00 LF
S31.00 S !,488.00
175.00 LF
S36.00 . S6,300.00
4.00 EA S !,200.00 S4,S00.00
4.00 EA S 1,400.00 $5,600.00
3.00 EA S 1,700.00
EA
S2,100.00
S5,100.00
S2,100.00
!.00 EA S2,500.00 S2,500.00
S500.00
SI,100.00
· S125.00 -
~.oo .. Ls'"=.': "~',sOo.oo
''!,463.00.:..' LF :'_;.2~... ' $7.b0
SI,000.00
Sl,100.00
$5,625.00
$18,900.00
S2,500.00
$10,241.00
2
.MayO1, 1997 !1:40
Sanitary Collection System
023 7-00 ~-00-E2
~ .~::- - ...
Wilson, Miller, Barton & Peek
Opinion of Probable Cost...
PELICAN LAKE ILV. RESORT
UNIT 'Iq,VO
Estimated
~' ~ it- 'c
Total Sanitary Collection System:
Page: 3
Amour
S162,289.00
AC-r*
'JU
May 01,.1997 11:40
Potable Water
0237-005-00-E2
Wilson, Miller, Barton & Peek
Opinion of Protrable Cost ,'. '
PELICAN I, AICE ILV. RF. SORT .
b~lT TWO
$35 . rPVCwaterm~in
(C-900, Class 150)
o
344 $" P~/C water main
(C-900, Cla~s 200)
469 Fire hydrant
470 Dead end fire hydrant &
bacterial sample point
477 8' Gate valve with box
2095' S' Temporary blow off
1035 Water service-double
2072 3" PVC blank utility casing
Estimated .....
t t '- 'c ~
2,$94..O0 LF: S12.00
.1~.o0..'. LF Si4.50
6.O0. EA SLgoo.oo
2.00 EA S2,0O0.00
6.oo £^ ... seo0.o0
't.oo ~ . S l,OOO.OO
44.O0 EA S570.00
737.O0 LF S3.00
Total Potable Water:
Page:
S34,728.00
S2,001.00
1,400.00
S4,000.00
s~.6oo.oo'
S 1,000.00
S25,080.O0
S2~ 11.O0
S84,020.00
o o
~JUN 2 4 1997
/4--
.' 'Ma'yOLl~9? i~:40
Drainage ·
271 15" RCP.. .
"' '.~335" i- 15" Concrete head'W~l!
Wilson, Miiler, Barton & Peek
· ' '" Oplnlo~ of Probable Co~
· .PELICAN LAY~ R.V. RESORT
UNIT TWO
1,452.00 LF $18.00
~2.oo r=A sLsoo.o0
$.00 EA ' SI,000.00.
Total Drainage:
Page:
$26,136.00
$6,300.00
$18,000.00
$$,000.00
SS5,436.00
~JUN ~, 4 1997
May'Of, 1997 11:40
paving
0237-00S-00-E2
$89
594
:2316
632
649
676
691
697
698
Wilson, Miller, Barton & Peek
Opinion of Probable Cost
pELICAN LAICE ILV. KESORT ....
UNIT TWO
:.. Estimated ..
.. ..... ' t' it nit- ' e
Road end barricade
12" Stabilized subgrade.
6" Ltm~';)ck base
(compacted &: primed)
I 1/'2" Asphaltic concrete
(TYPe S-m)
Valley gutter inlet
(top only)
24" Valley gu~ter.
4" Concrete sidewalk
24" Solid stripe
Reflective pavement marker
Stop sign
Speed limit sign
.... 3.00. EA
-. '--' 8~847.00 . SY'
: .'8:847.00 S'~
. .12.00. -EA
~s61oo' '"~F.
· 901.00 SY
24.00 LF
8.00 EA
2.00 EA
.00 EA
'SSO0.00
· ' S2.10 .
". $4.20
$3.40
S800.00
-. $4.50'
s16.oo
S3.00
SS.00
S120.00
$120.00
Total Paving:
Page: 6
S1,$00.00
S26,?18.30 :
S37,157.40
S30,07.9.80
S9,600.00
S28,602.00 . ~
S14,416.00
$72.00
$40.00
S240.00
SI20.00
S148,54S. S0. ','.
IV[ay01, 1997 11:40
Lighting
0237-005-00-E2
Wlhon, Miller, Barton & Peek
Opinion of Probable Cost
PELICAN LAKE R.V. RESORT
UNIT TWO
6' Lamp stand~rO with globe
Page: 7
E~tlmated
t' ' '- ' e rn unt
90.00 EA $200.00 $18,000.00
Total Lighting: SIS,000.00
JUN ~ 4 1997
RECOMMENDATION TO APPROVE FOR RECORDIN(] THE FINAL PLAT OF "CRYSTAL
LAK~ TERRACES AT EAGLE CREEK REPLAT"
To approve for recording the final plat of "Crystal Lake Terraces at
Eagle Creek Replat", a subdivision of lands located in Section 3,
Township 51 South, Range 26 East, Collier County, Florida.
Engineering Review Section has completed the review of the final plat
of "Crystal Lake Terraces at Eagle Creek". This document is in
compliance with the County Land Development Code and Florida State
Statute No. 177. All fees have been paid. There are no subdivision
related improvements associated with this plat. This replat is in
conformance with Florida State Statute No. 177.101(2)
Engineering Review Section recommends that the final plat of Crystal
Lake Terraces at Eagle Creek be approved for recording.
FISCAL
The fiscal impact to the County is none.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Co~nissioners approve the Final Plat of
"Crystal Lake Turraces at Eagle Creek Replat" with the following
stipulations:
1. Authorize the recording of the Final
Terraces at eagle Creek Replat."
Plat of "Crys
EXECUTIVE SUMMARY
Crystal Lake Terraces at Eagle Creek Replat
Page Two
2. Authorize the Clerk of the Circuit Court to make proper
notation of this action upon the previous plat.
PP.E~ARED BY
John R. Houldsworth, Sehior Engineer
Engineering Review
Date
~IEWED BY:
~omas E. Kuck, P.E.
Engineering Review Ma~er
~ld W. ~oI~ --
Pla~ing Se~ices Director
Vincenff ~ ~a ~ro, ~lmt. nistrator
Cou,aunity Dev. and Environmental Svcs.
Co,,.,unity Dev. and Environmental Svcs. DIVISION
JR}{: ew
Date
Date
Date
gO 'AB FAI~
RCO
SOUTH
PLES
~ 2
JUN
RECOMMENDATION TO APPROVE FOR RECORDINg THE FINAL PLAT OF
~~ST PROFESSION]kL HEALTH PARK
To ex, prove for recording the final plat of Southwest Professional
Health Park.
The Board of County Con~nissioners on February 25, 1997 approved
the final plat of Southwest Professional Health Park with the
stipulation that the plat not be recorded until security was
provided to ensure completion of the required subdivision
improvements.
The fiscal impact to the County is none.
project cost is $278,087.00, 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
$136,851.60. The developer has provided a Construction, Maintenance
and Escrow Agreement 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: $5,560.81
Fees are based on a construction estimate of $278,087.00 and
were paid in December, 1996 and are reflected in the Executive
Summary of February 25, 1997.
UUN g ~ 1997
Executive Summary
Southwest Professional Health Park
Page 2
None
That the Board of County Commissioners approve the final plat of
"Southwest Professional Health Park", 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 "Southwest
Professional Health Park".
3) Authorize the Chairman to execute the attached
Construction, Maintenance and Escrow Agreement.
4) That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
PREPARED BY:
~neer
Engineering Review
REVIEWED BY:
Engineering Review Manager
Di~/- Planning Services
~ ltrator
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
J]~H:ew
¢-//-?7
Date
Date
1997'
ITE ".:' '
:,: -': 'L';.
o
CONSTRUCTION, MAINTENANCE AND F~CROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IbtPROVEMENTS AGREEMENT ~ter~d into this ~ day of -,
1997, by Southwest Professiooal Health Park Land Trust (hereinat~r "Developer'), THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter 'The Board"), and
Fifth Third Bank (hereinafter "Escrow Agent').
A. D~loper has, simultaneously wifl~ tl~ delivery of this Al~reemcnt, applied for the
approval by thc Board ora certain plat ora subdivision to be known ss:
SOUTHWEST PROFESSIONAL HEALTH PARK
B. The subdivision ~11 include certain improw'n~nts ~t~ich ar~ required by Collier
County ordinances, ss s~ forth in a site construction cost estimate (~Estimate') prepared by l~lcAnly
Enl~ineering and Design, Inc., a copy of xxtich is attached hcr~o and incorporated herein ss Exhibit !.
For purpov~ of lkis Agreement, the "Required Improvements" am limited to those described in the
Estimate.
C. Seciions 3.2.6.5.6 ~sd 3.2.9.1 of the Collier County Subdivision Code Division of the
Land D~'~lopment Code requires the Dev~loper to provid~ appropriat~ guarantees for the constmciion and
maintenance oftl~ Required Improvements.
D. D~t~loper has deposited $136,$21.60 ~vith ~ Escrow Agent to fund the cost of
completion of th~ Required lmprov~nents.
E. Developer and the Board hav~ aclo~owledged that thc amount D~,~loper is required lo
guarantee pursuant to this Agreement is S136,851.60 s~! this ~.mount represents 10% of thc
Dcv~loper's engineer's estimate oftl~ construction costs for tl~ R~luired lmprov~nents, plus 100% of
the Developer's engineer's estimate of the construction costs for th~ incomplete R~luired
Improvements.
NOW THEREFORE, in consideration of th~ foregoin~ pr~mises ~xl mulual covenants
ber~inafier s~ forth, lk-v~l~, lh~ Board and Escrow A~'nt do ben:by cos~rant and agree as
follows:
~sill c~usc ~ s~ter, s~'~r, roads, dmina~ and the linc facilities, thc
1. Dcvclol~'
l~quircd lmp~ to be cos~stmcted pursuant to specifications the: hevc becn approved I~ thc
Ik-v~lopment Services Disvcmr within 36 months from the date of approval of said subdivision plat.
Page 1 of 4
JUN 2, 4. 1997
2. The escrowed funds shall bc released to the Developer only upon ~virten approval o£thc
Development Services Dircctor who shall approve the release of thc funds on deposit not more than
once a month to thc Developer, in amounts due for work done to date based on the percentage
completion ot the work multiplied by the respective work cosCs less ten percent (10%); and further, that
upon completion of the ~rk, the Development Services Director shall approve the release of any
remainder or' escrms~d funds ~xccpt to the ex'tent of $27,808.'/0 which shall remain in escrow as a
Dcvtlopcr guarant), of maintenance of the Required Improvements for a minimum period of one (I))v. ar
pursuant to Paragraph I0 of the Agreement. Hm~'vcr, in the event that Developer shall fail to comply
with thc requirements of this Agreement, then thc Escrow Agent agrees to pay to the County immediately
upon demand the balance of the funds held in escrow by the Escrow Agent, as of' the date of the demand,
provided that upon pa)?nent of such balance to the County, the county will have executed and
delivered to thc Escrmv Agent in exchange for such funds a statement to bc signed by the Development
Services Director to thc effect that:
(a) Developer for more than sLxty (60) days after ~vitten notification or' such failure
has failed to comply ~th thc requirements of this agreement;
Co) the County, or its authorized agent, will complete the work called for under the
terms of the ~bove-mentioned contract or will complete such portion of ~rk as the Count)., in its sole
discretion shall deem necessary in the public interest to the exxent otthe funds then held in escrow;
~2
(c) the cscrow funds dra~a down by the County shall be used for construction or
the Required Improvements, enginecring, legal and contingent costs and expenses, and to offset an)'
,damage, cithcr direct or consequential, which the County may sustain on acco~znt of the failure of the
Dcx~lopcr to can3, out :nd cxecutc the abo~g-mentioned dcvclopme,it s~rk; and,
(d) thc Count5, ~:~11 promptly ru-pay to thc Escrow Agent ,'my portion of thc funds
dragon a~d not expended in completion of'thc said development work.
3. Written notice to thc Escrow Agent l'.y thc County spcci .~ng what amounts arc to bc
paid to thc Developer shall constitute authorization by thc County to thc Escrow Agent for release of thc
specified funds to thc Dcvclopcr. Payment by thc Escrow Agent to thc Developer of thc amounts specified
in the letter of' authorization by thc County to thc Escrow Agent shall constitute a release by thc Count3.
and Developer of thc Escrmv Agent for thc funds disbursed in accordance with thc letter of authorization
from thc County.
4. Thc Required Improvements shall not bc considered complete until a statement ot
substantial completion by D~vclopcr's engineer along ~th the final project records have been
furnished to bc reviewed m~d approved by thc D~'~Iopment Services Dircctor ."or compliance x~ith th:
Collier Court .ty Subdivision Regulations.
5. Thc Development Scrviccs Director shall, within sLxty (60) days of receipt of thc
statement of substantial completion, either:, a)notify thc Developer in writing of his preliminary
appro.val of thc improvements; orb)notifytlg Developer in writing of his refusal to approve the
Page 2 of 4
'dUN g 4 1997
P~. ~
improvements, ther~.ith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of tl~ Required Improvements. Ho~-ver, in no event shall the
Development Services Director r~fuse preliminary approval of the improvements it' they are in fact
constructed and submitted t'or approval in accordance with the requirements ot. this Agr~ment.
6. Should the funds held in escrcnv be insuf~cient to complete the Required
Impro' em~nts, thc Board, after duly considering the public interest, may at its option complete the
Required Improvements and resort to any and all legal r~medies against the Developer.
?. Nothing in this Agr~-ment shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance ~.ith the t.oregoing provision; provided, Otat the
Escrow Agent docs not release any mone~ to the Developer or to any other person ncc'pt as stated in
this Escrow Agreement.
8. The Developer shall maintain all Required lmprovo'nents for one )'ear after preliminary
approval by the Development Services Director. After the one )~ar maintenance period by the
Develo~r and upon submission of a ~Titten request for inspection, the Development Sen'ices
Director shall inspect thc R~luired Improvements ::nd, it. found to be still in compliance with the Code as
reflccted by final approval by the Board, the Escrow Agent's rcsponsibility to the Board under this
Agrc¢mcnt is terminated. Thc Developer's responsibility for maintenance of thc Required
Improvements shall continue unl~s or until the Board acc~ts maintenance r~..sponsibility for and by the
County.
9. Ail ot. the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and Escrow Agent, the respective successors and assigns ot' the Developer and
Escrow ^gent.
IN WITNESS WHEREOF, the Board, t~ Developer, and the Escrow Agent have c=used this
Agreement to be executed by their dul)' ~uthorizcd rc~rcsentati~s this day
~ 1997.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
~
Printed Name
Witness
DEVELOPER
Southwest Professional H~alth Park Land Trust
By:.
Pag~ 3 of 4
'dUN 1997
Witncss to Edw~r:l Gucst~
ATTEST:
DWIGHT E. BROCK, CLERI<
Dcput)' Clerk
Approved as to form and
legal sufficiency:
ounty Attorney
Fifth Third Bank
Escrow Agent
By:.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
c~n~ofBce\winw~x~l~hp~'~lx'm~l.do~
Page 4 of 4
.~JI.I!4 2 ~ 1997
EXHIBIT 1
Quantity Estimate Summary
Southwest Professional Health Park
Summary
November 20, 1996
Sewer Collection
Water Distribution
Drainage
Paving
Landscaping
Clearing. Seed. and Mulch
Total
S
S
$
$
S
$
$
80.902.50
31.210.00
25,32g.00
112,803.50
6,110.00
21.732.00
278,087.00
1997
Southwest Professional Health Park
Sewer Collection
November 20, 1996
Item Quanflt Unit Price Total
Manhole (0 - 6) $ Each $ 950.00 $ 2,850.00
Manhole (6 - 8) 1 Each $ 1,150.00 $ 1,150.00
Manhole (8- 10) 1 Each $ 1,250.00 $ 1,250.00
4 Cleanout Assemblywl 3M Marker 6 Each $ 65.00 $ 510.00
5 6' PVC Sewer Lateral 170 L.F. $ 6.50 $ 1,105.00
6 8' PVC Sewer (0- 6) 300 L.F. $ 9.50 $ 2,850.00
7 8' PVC Sewer (6- 8) 517 L.F. $ 12.50 $ 6,462.50
8 8' PVC Sewer (8 - 10) :300 L.F. $ 16.00 $ 4.800.00
g 6' PVC Force Main C1.100 690 L.F. $ 7.50 $ 5,175.00
10 6' Bends 3 Each $ 150.00 $ 450.00
11 Pump Station I Each $ 50,000.00 $ 50,000.00
12 F.M. Hot Tap (24'3<6') 1 Each $ 2,500.00 $ 2.500.00
13 Air Release Valve I Each $ 1,250.00 $ 1,250.00
14 6' Drop Conflict (4-45° MJ Bends) 1 Each $ 550.00 $ 550.00
Total ~ $ 80,902.50
.rJUN 2 4 1 t97
Southwest Professional Health Park
Water Distribution
November 20, 1996
1 10' PVC Water Main CL150
2 10' PVC Water Main CL200
3 10' Gate Valve
4 10'x10'x10' Tee
5 10' Cross
6 6' PVC Conduits (wi Magnetic Markers)
7 Fire Hydrant (Complele Assembly)
8 Permanent BacteriaISample Point
9 10' BlowoffAssemblyw/G.V.
10 Hot Tap (12"x10')
11 10' Cap
1,300 LF $ 13.50 $ 17,550.00
150 LF $ 15.50 $ 2,325.00
4 Each $ 625.00 $ 2,500.00
1 Each $ 275.00 $ 275.00
1 Each $ 300.00 $ 300.00
50 L.F. $ 4.50 $ 225.00
3 Each $ 1500.00 $ 4,500.00
1 Each $ 635.00 $ 635.00
1 Each $ 1250.00 $ 1,250.00
I Each $ 1500.00 $ 1,500.00
1 Each ' $ 150.00 $ 150.00
Total ~ $ 31,210.00
Southwest Professional Health Park
Orainage
November 20, 1996
Total
Item Quantity Unit Price . ~^ ^n
32 L.F. $ 15.00 $ 4S0.00
'"~'"'~" RCP 40 L.F. $ 18.00 $ 720.00
18' RCP
24' RCP
Curb Inlets(Poured in Place Tops)
Headwalls
24"
Mitered Ends
24'
Swale D-D (see detail)
Water Control Structure
$07 L.F. $ 22.00 $ 6,754.00
4 Each $ 875.00 $ $,500.00
2 Each $ 1,250.00 $ 2,500.00
2 Each $ $75.00
325 L.F. $ 25.00
1 Each $ 2,500.00
Total ~
750.00
8,125.00
2,500.00
25,329.00
!JUtl 2 ~, 1997
._
Southwest Professional Health Park
Paving
November 20, 1996
· Total
Quantit Unit Price
Item S.Y. $ 2.10 $ 13,020.00
1 12' Stabilized Subgrade LSR40 6,200
2 6' LImerock LBR100 4,200 S.Y. $ 4.00 $ 16,800.00
3 1.75' Asphalt (S - 1)
4 2' Valley Gutter
5 Type 'F' Curbing
6 4' Sidewalk
7 Traffic Signs
8 Street Name Signs
9 Striping
10 Hydrant Markers
11 Construct Berm P-P (see detail}
12 Fill (RJW & U.E.)
13 Street Ughts
4,200 S.Y. S 3.25
2,100 L.F. $ 4.50
425 LF. $ 10.50
1,300 L.F. $ 7.00
2 Each $ 110.00
1 Each $ 85.00
1,200 L.F. $ 0.30
3 Each $ 12.00
3.200 LF. $ 10.00
4200 C.Y. $ 2.10
4 Each $1,200.00
Total
15,650.00
9,450.00
4,462.50
9,100.00
220.00
85.00
360.00
36.00
32,000.00
8.820.00
4.800.00
112,803.S0
'JUN g 4 1997
· P~. ~
Southwest Professional Health Part<
Clearing, Seed & Mulch
November 20, 1996
Total
Item Quantity Unit Price
1 Clearing 6.60 Acres $ 2,150.00 $ 14,190.00
2 Sod Strip (1' Along CuCb/Gutter) 270 S.Y. $ 1.80 $ 486.00
3 Sod (40' Wide Swale) 1,500 S.Y. $ 1.80 $ 2,700.00
4 Seed & Mulch 2.00 Acres $ 2,178.00 $ 4,356.00
Rights-of-Way Total ~ $ 21,732.00
Landscaping
November 20, 1996
Quantity Unit Price Tot_a[_ ..
Item 22 EA. $ 175.00 $ 3,850.00
1 Mahogany Tree 113 EA. $ 10.00 $ 1,130.00
2 Cocoptum Shrub
Z height minimum
(3 Gallon) 113 EA. $ 10.00 $
3 Fakahatchee Grass
(3 Gallon) Total ~ $
1,130.00
6,110.00
.rJUN 2 4. 1997
RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "THE LAD~"
To approve for recording the final plat of .The Lady", a subdivision
of lands located in Section 12, Township 49 South, Range 27 East,
Collier County, Florida.
Engineering Review Section has completed the review of the final plat
of "The Lady". This document is in compliance with the County Land
Develolm~ent Code and Florida State Statute No. 177. All fees have
been paid. There are no subdivision related improvements associated
with this plat.
Engineering Review Section recon~ends that the final plat of "The
Lady" be approved for recording.
The fiscal impact to the County is none.
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $440.00 Plat Review Fees
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
That the Board of County Commissioners approve the Final Plat of "The
Lady" with the following stipulations:
i Authorize the recording of the Final Plat of "The Lady .-" AG£~
JUN 1997
Zxecutive Su~mar~
Page 2
PREPARED BY:
th, Senxor
Engineering Review
Engineering Review Manager
Dona d
Planning services Director
ConmmLnitY Dev..and Environmental Svcs. DIVISION
community Dev. and Environmental Svcs. DIVISION
Date
Date
Date
lOTH AVENUE N.E.
8TH AVENUE N.E.
..:6TH. A...VENUE N.E.
-' "2ND.:AvENuE S.E.
EXECUTIVE SUMMARY
APPROVE THE PURCHASE OF TIlE MELI PROPERTY TO
RECOMMENDATION TO DISTRICT MITIGATION
MEET SOUTH FLORIDA WATER MANAGEMENT
REQUIREMENTS-
OBJEX: Rcco .m~_ .~.d.~i.on..to~_~_P~r_o_v and provide for all previous
owned by John Meli and Ecltttl Me~i, xor m~ gu.,. r
authorities given to staff in the Executive Summary dated and approved April 1, 1997. Agenda Item 16
0~) (2).
CONSrDERATION: On April 1, 1997, the Board of County Cornmissioner~ approved a Real Estate
Purchase Option Agreement ("Option Agreement") to purchase the Meli Property in order to satisfy a
permit requirement for the Naple~ Landfill from the South Florida Water Management District
(SFWMD). The Option Agreement indicated a purcha~ price of $200,000. The 90-day Option
Agreement expires June 29, 1997. Since the time the Option Agreement w~ pre-~,*nted to the Board of
County Commissioners, sta.ff has received an appcalsal report as prepared by Stewart, Stephan and
Bowen, Inc. indicating an opinion of value in the amount of $165,000.
John Meli and Edith Meli, owner~ of the subject property are only willing to sell the 66.3 acre property
to Collier County for $200,000. They have owned the property for a period of thirty-two (32) year~
and have paid property taxe~ in exce~ of $70,000. For the past fou~een (14) years, the subject
property has had an average as,~.~sed value of $307,000 according to Property Appraiser records.
If the County elects not to exercise the Option and ~xtuire the property through eminent domain, the
County may incur additional expenses up to $32,630 as estimated by the County Attorney's Office.
This amount reflects cost~ if the matter is settled prior to trial. If this matter ~hould not settle and is set
for jury trial, then, at a minimum, costs for the trial alone would be an additional $40,000 to $80,000,
depending on the length of the trial. The selling price of $200,000.00 is reason~le given the legal
expenses associated with eminent domain proceedings.
An environmental assessment ha~ been performed on the subject property with no fuglings of any
environmental concerns. The ~t has been reviewed and the Florida Dep~tment of
Environmental Protection has determined that the Mell property is accept~le to the State.
This purchase compares favorably with the 83 acre parcel previously approved by the SFWIvfD as ·
mitil~tion candidate with · budget of $360,000.00. Negotiations for that parcel were not succes____fful.
Due to the fact that the Ivieli property is 16.7 acres less than the original parcel, the SFWMD requLred
exotic plant removal in the amount of $22,372.00. With this additional cost added to the purchase price
of $200,000.00, the Mc, Ii property purchase would be $137,628.00 less than the previous parcel.
1997
FISCAL IMPACT: Total land cost for the Meli site is $200,000.00
Other costs include:
Title policy $ 1,075.00
~ Environmental site assessment and review $ 5,271.00
Appraisal $ 1,600.00
Enhancement/restoration $ 22,372.00
Recording fees $ 11.00
Approximate Total Cost
$230,329.00
Funds are currently available in Solid Waste Fund 470-173414-649110-59508.
~ G~WTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1) approve the purchase of the Meli Property for $200,000;
2) approve the above expenditures;
3) authorize staff'to obtain the Chairman's execution of the written notice as provided for in the Option
Agreement;
4) authorize the Chairman to execute the Agreement for Sale and Purchase;
~horize the Chairman to execute any document necessary to clear title;
6) accept the Warranty Deed granted by John and Edith Meli; and
7) authorize staffto proceed with proper closing and recording procedures for the Meli Property.
D~id~/~ Russell, Direct
Solid Waste Management Department
REVIEWED
Ed Ilschner, lSublic Works Administmto
JUN 2 1997
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE MID-YEAR ADJUSTMENTS
TO WATER MANAGEMENT CIP BUDGET (FUND 325)
~ To obtain approval of proposed mid-year adjustments to Fund 325
to reflect revised estimates of revenues and expenses for current Fiscal Year 96197.
CONSIDERATIONS: During the preparation of the FY 97/98 Budget, mid-year
forecasts of the current budget were evaluated and adjustments made to recognize recent
changes in revenues and forecasted expenses based on the first 5 months experience.
The most significant changes involve:
1)
Reduce the anticipated revenues for the Gordon River Extension Basin
Study from the Big Cypress Basin (- $152,000) and City of Naples
(-$76,000) due to a delay in implementing the computer modeling phase
of the project. Expenditures in FY 97 will also be reduced for engineering
fees and related cost by $456,000 due to shift of this activity from FY 97 to
FY 98.
2)
Reduce the carry forward from prior year by $47,200 based on end of year
audit.
3)
Inclusion of $4,000 in new expenses to initiate the construction of the
Heritage Green Extension Ditch north from the Islandwalk project located
in the Harvey Basin.
4)
Reduction in the anticipated expense in implementing the design work for
the Lely Area Stormwater Project by $108,100 due to the Board's previous
action to only authorize Phase I of the project which includes construction
of the spreader waterways on the lower end of the outfalls and the
downstream water level control structure on the Lely Main. Also, to
simplify the accounting of funds on the overall Lely Area Stormwater
Project, funds previously designated for the Lely Branch have been
consolidated into the Lely Main budget.
5)
Inclusion of $15,000 in new expenses to initiate the planning phase of the
Lely/St. Andrews Blvd. Berm/Swale Project. This pwject is proposed for
construction during FY 98 to solve a severe flooding situation that occurs
during the rainy season around homes whose backyards back up to a large
wetland located along the east side of St. Andrews Blvd.
JL~t-i 2 zt :2.°.7
6)
Executive Summary
"Mid-year Fund 325"
Page 2
Inclusion of $24,000 in new expenses to initiate the planning phase of the
Avalon School Drainage Ditch Project. This project is proposed for
construction during FY 98 to solve a long standing flooding problem that
occurs annually for the homes in the older subdivisions cast of Bayshore
Drive and south of Thomasson Drive.
7)
S)
9)
lO)
ll)
Increase of $253,800 in funds available for the consU'uction of the Imperial
West/Landmark Est./FPL Ditch Enclosure Project. This project had been
delayed for several years because of a land rights problem on the south end
of the project that was only recently resolved. $202,800 this expense is
the result of consolidating the Landmark portion of the project into the
Imperial West project to simplify the contracting phase of the projects.
Inclusion of $37,000 in new expenses to initiate the planning phase of the
Wiggins Pass Road Flowway Improvement Project. This project is
proposed for construction during FY 9g in order to provide an adequate
stormwater outlet for several new projects in the Wiggins Bay Basin
including the Tarpon Cove Project being constructed by the WCI Corp.
Increase in the funds allocated for the construction of the Manatee School
Ditch Relocation project in the amount of $13,000 due to the need to
include a culvert replacement as part of the project.
Increase the funds allocated for the construction phase of the SR-29
Culvert Replacement Project by $21,000 including an increase in OCPM
Construction Management Fees and additional easement acquisition
expenses.
Inclusion of $50,000 in new expenses to initiate a Conceptual Stormwater
Master Plan for the East Naples Redevelopment Area bounded on the north
by Davis Blvd. on the east by Airport Road and on the southwest by US-
41. Staff proposes to issue a Work Order to Camp, Dresser and McKee
under the County's Annual Contract procedures to perform this Master
Plan Study. There are significant flooding/drainage issues in this area
that must !:~ r~solved before any major redevelopment of this area can be
initiated. The Study will propose several alternative solutions to the areas
stormwater problems as well as recommendations for various unique and
innovative funding scenarios.
12)
The net result of deferring portions of several projects to FY 98 while at
the same time initiating the planning phase for several new projects
decreases the planned capital expenditures in Fund 325 by $104,200. This
will increase the fund Reserves For Capital Outlay by that amount for use _
later in the FY or carried forward into FY 98. [
2 1997
Executive Summary
"Mid-Year/Fund 325"
Page 3
1~ Total mid-year adjustments in budget result in a increase of
expenditures and reserves of $523,700 offset by a reduction in expenditures of $811,900
which results in a net decrease of $ 288,200 to Fund 325.
None
RECOMMENDATION: That the Board of County Commissioners approve the
mid-year adjustments to Water Managemeat Capital Improvement F~md 325, and
authorize staff to process the appropriate budget amendment to implement the proposed
adjustments.
PREPARED BY:
RENEWED BY:
Doc: EX-13
Stormwater Management ~r
Ed llschner,
Public Works Administrator
Dat~
Date
JUN 2 41 1997
EXECUTIVE SUMMARY
FOLLOW-UP RESOLUTION TO THE BOARD FOR POSTING OF SIGNS PROHIBITING
OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED
LOAD-CARRYING CAPACITY IN EXCESS OF ONE TON FROM THROUGH MOVEMENTS
ON PELICAN RIDGE BOULEVARD,
~.,.C~13~: To obtain Board approval of a follow-up resolution for the posting of signs
prohibiting operation of trucks and other commercial vehicles having a rated load-carrying capacity
in excess of one (1) ton from through movements on Pelican Ridge Boulevard.
CONSIDERATIONS: On May 6, 1997, the Board considered Consent Agenda Item 16(B)(13).
The Board approved the Stipulated Final Judgment for Vanderbilt Beach Road Right-of-way Parcel
No. 117A, directed staff to deposit $6,666.00 into the Court Registry within 30 days of the date of
the Stipulated Final Judgment, and directed staff to submit a follow-up resolution for m~¢k weight
limit signs along Pelican Ridge Boulevard.
The attached represents the follow-up resolution to meet "Special Condition No. 2", required the
posting of"No Trucks Over One Ton" signs on Pelican Ridge Boulevard. Further, upon approval, a
copy of the follow-up resolution will be forwarded to the Collier County Sheriff empowering his
staffto enforce this prohibition per County Ordinance No. 83-35.
FISCAL IMPACT: Two signs will bc required at $60 each for a total of $120.00. Monies arc
available in Fund 101-163630-653710.
GROWTH MANAGEMENT iMPACT: None
BECOMMENDATION: That the Board approve the follow-up resolution for the posting of signs
prohibiting operation of trucks and other commercial vehicles having a rated load-carrying capacity
in excess of one (1) ton from through movements on Pelican Ridge Boulevard.
PREPARED BY:
Marqufl~ I~ S~nfior Secretary
~fion
D~tor
~ Hsc~, ~blic Wo~ A~s~tor
miff061097/g:Ag lira P¢I Rdg T~k Trf¢.do~
DATE:
PG._ J
! RESOLUTION NO.
2
3 A RESOLUTION PROHIBITING THE OPERATION OF TRUCKS
4 AND OTHER COMMERCIAL VEHICLES HAVING A RATED
5 LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON
6 FROM THROUGH MOVEMENTS ON PELICAN RIDGE
7 BOULEVARD.
9 WHEREAS, Chapter 316. Florida Statutes, permits the Board of County Commissioners
10 (BCC) to prohibit or regulate any class or kind of traffic found to be incompatible with the norrnal
I I and safe movement oftraffic on roads and streets under its jurisdiction; and
12 WHEREAS, a "Special Condition No. 2" was approved by the BCC on May 6, 1997, Agenda
t3 Item 16(B){13), indicating that · "No Trucks Over One Ton" restriclion would be administered
14 through a follow-up resolution to Ihe BCC; and
! $ WHEREAS, this stipulation was agreed upon by Pelican Ridge of Naples Association, Inc.,
16 through Court Ordered Stipulated Final Judgment dated April 16, 1997; accordingly, the Collier
17 County Transportation Department recommends that such through truck traffic be prohibited.
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the BCC does hereby prohibit the
20 operation of trucks and other commen:ial vehicles having a rated Ioad-can3dng capacity in excess of
21 one (1) ton from through movements on Pelican Ridge Boulevard, and does hereby direct the Collier
22 County Transportation Department to et:ct signs giving notice thereof.
23 BE IT FURTHER RESOLVED that · copy of this Resolution be forwarded to the Collier
24 County Sheriff for proper enforcement of this prohibition under Collier County Ordinance No.
25 83-35.
26 This Resolution adopted after motion, second and majority vote favoring same.
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
,il
42
DATED:
ATTEST:
DWIGHT E. BROCI~ Clerk
Approved as to form and legal
msfficlency:
bavid C. Welgef" ~
Collier County Attorney
Imm Pel R~ T~ Ts~: ,a--
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, Chairman
E M A
APPROVE CHANGE ORDER NO. 1 (FINAL) TO CONTRACT NO. 97-2628,
MARCO ISLAND BEACH RENOURISHMENT.
OBJECTIVIi;; To obtain approval of Change Order No. 1 (final) to enable close, out of
Contract No. 97-2628.
CONSIDERATIONS; On March 1 I, 1997, the Board of County Commissioners
awarded Contract No. 97-2628 to Lake Michigan Contractors, Inc. in the amount of
$397,000.00 for the Marco Island Beach Renourishment Project. Due to differing site ·
conditions encountered during construction, adjustment of quantities and additional work
was necessary to satisfactorily complete the project. These additional items of work and
associated costs are as follows:
ITEM DESCRIPTION AMOUNT
1. Quantity adjustments to reflect actual volume of
material dredged and placed on the beach.
14,365 c. y. ~ $6.00/c.y.
$86,190.00
Replacement of broken timber pile found at time
of extraction/relocation of existing channel marker.
$1000.00
It is therefore requested that the contract amount be adjusted to account for this additional
work. Change Order No. 1 (final) has been prepared for this purpose resulting in the
following contract figures:
Original Contract Amount
Sum of Previous Changes
This Change Order (Add)
New Contract Amount
$397,000.00
°0-
$ 87,190.00
$484,190.00
FISCAL IMPACT:
d:
Cost Ce~lter:.
Project No.
$87,190.00; to be obligated in the budget for FY 96/97.
(195) Tourist Development - 60%
(110406) Beach Renourishment & Pass Maintenance - Category A
(80218) Marco Island Beach Maintenance
Approval of a budget amendment is necessary whereby funds in the
amount of $ 47,490.00 will be transfen'ed from the reserves of Fund 195 to
Account No. 195-110406-763100-80218 to provide sufficient funds for
this obligation.
J O fl 2 i 1997
GROWTH MANAGEMENT IMPACT: None
Executive Summary
Page 2
RECOMMENDATION: That the Board of County Commissioners:
2. Approve the necessary budget amendment; and
3. Authorize the OCPM Director to execute the change order.
Harry E. Huber, Project Manager Iff
Office. of Capital Projects Management
REVIEWED BY: ~~A~~5 ~
Ad°I fo P. r
Office of Capital Projects Management
Approve Change Order No. 1 to Contract No. 97-2628 in thc amount of $87,190.00
Ed Ilsehner, Administrator
Public Works Division
Date: o/-/o, c)-~
Date:
Date: /~
r
Beach RenourishmenlJMaintenance Committee
Marco Island Beach Renourishment Advisory Committee
Coastal Engineering Consultants, Inc.
Lake Michigan Contractors, Inc.
JUN 2 ti 1 97
EXECUTIVE SUMMARY
AWARD CONTRACT TO CONSTRUCT THE RECLAIMED WATER TRANSMISSION
MAIN FROM QUAIL CREEK TO THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT, PHASE II, BID NO. 9%2674.
~ 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 Reclaimed Water
Transmission Main from Quail Creek to the North County Regional Water Treatment Plant,
Phase II.
CONSIDERATION: On June 4, 1997, eleven bids were received as follows:
Mitchell & Stark Construction Company, Inc.
Stevens and Lay'ton
Metro Equipment Service, Inc.
Douglas N. Higgin$, Inc.
Cross Country Pipe & Rail, Inc.
Armadillo Underground
Laser Engineering
Sovereign Construction Group, Inc.
Kamphuis Construction
K.immins Contracting Corp.
Haskins, Inc.
S 1,132,915.51
S 1,164,715.05
$1,182,555.50
S 1,267,426.25
S 1,297,703.20
S 1,298,949.00
S 1,300,000.00
S 1,333,530.00
S !,386,165.00
S 1,451.942.00
S 1,477.956.50
The Engineer's Estimate for the project was S 1.367 million.
Mitchell & Stark Construction Company, Inc. was the lowest, responsive bidder. Mitchell & Stark
Construction Company, Inc. has a satisfactory performance record on previous projects involving
similar ~vork.
FISCAL IMPACT: Funds for construction of this project in the amount of $1,132,915.51
.... available from Fund 413-263611-74008: Reclaimed Water Main, Quail Creek to NCRWTP
'(Sewer Impact Fee Fund).
GRQW'I'H MANAGEMENT IMPACT: The project will ~,,o~'ide a means by which reclaimed
water generated by the North Count)' Regional Wastewater Treatment Facility can, in an
emergency, be pumped into the injection wells at the North County. Regional Water Treatment
Plant.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier Count)' Water-Sewer District, award and authorize
Executive Summary
Award Bid No. 97.2674
Page 2
the Chairman to execute an Agreement with Mitchell & Stark Construction Company, Inc. in the
amount of $1,132,915.51 for Bid No. 97-2674, Reclaimed Water Transmission Main from Quail
Creek to the North County Regional Water Treatment Plant, Phase Il.
Ronald F. Dillard, P.E., Project Manager
Office of Capital Projects Management
REVIEWED BY: ~ '~J '
Steve Camell, Director
Purchasing Departs, ent
REVIEWED BY: / .-'9~"-,', 1~ : ,'---
Adolfo A. Gonzalez, p.£.,,Direc~r
Office of Capital Projects Management
REVIEWED
DATE: _
DATE:
Ed Ilsckner. Admimstrato / '
Public Works Division
RFD:rfd
cc: Tim Clemons, Wa.stewater Director
J~Jli 2 ~ 1597
.E
EXECUTIVE SUMMARY
APPROVE A CHANGE ORDER WITH SALTSMAN CONSTRUCTION INC. FOR
ADDITIONAL CONSTRUCTION SERVICES FOR S.IL 29 CANAL CROSSING
IMPROVEMENTS ~ BID NO. 9S-2320.
~ To obtain Board approval of a change order for additional construction services
for S.R. 29 Canal Crossing Improvements.
~ On March 11, 1997, the Board awarded a construction contract to Saltsman
Construction, Inc. for the construction of canal crossing improvements along S.R. 29 under Fund
11 I-172951-31701. Additional work was required of the Contractor for increased quantifies in sand
cement rip-rap, stone material, asphalt, embankment, floating turbidity barriers, class Il concrete and
aluminized steel rib pipe. These additional services are normal adjustments encountered in this type
of work and are outlined in the attached Change Order No. 2. Change Order No. I for the amount
of $9,178.50 was administratively executed by staff.
The total change order cost of S25,265.62 includes S5940 for 90' of 72" aluminized pipe that will
be installed next dry season. The Contractor purchased the pipe at a much lower unit price than the
County would normally pay for a single structure. The property owner on the lower end of the
project has committed to pay the $5940 when the County replaces the crossing next dry .season. The
attached estimated quantities and costs itemize the work to be performed.
Funds in the amount of $ 6,5 12.9 0 are available in Fund 111-172951-31701,
d for the SR-29 Culvert Upgrades. The balance of $18,753.oo can be taken fi'om
x.~ Fund111, Reserves for Contingencies.
None.
P~c&~2~II.Q2~ That the Board of County Commissioners:
1. Approve the attached Change Order No. 2 in the additional amount of $ 25,265.62 and
authorize the OCPM Director to execute the Change Order, and
2. Authorize staffto process an appropriate budget amendment to transfer funds from Fund 111
reserves to cov~.~ ~'~°f this Ch~
PREPARED BY: ~'"-' '--/ "~"7 .,'" ;;
M~/~.E., PMP, Project Manager
Micah
K.
Office o£ C~al Projects Management
REVIEWED BY: (~ ~L~~'-
Joh~H. Boldt, P.E., P.S.M., Director
Sro ,at e t epartment
C lez, .:O ctor
Offic.~/f Capit~l~roj~ts Management
REVIEWED BY: ~
Ed Ilschner
Public Works Administrator
Attachment: Change Order No. 2
DATE:
DATE: ~'//~/~ 7
DATE:
CHANGE ORDER
To:
S&l~mm Construction Inc.
P.O Box 310
Naples, Florida 34106
FROM:
Collier County Office of Capital Projects Management
3301 East Tsmiam/Trail Building "D"
Naples, Florida 34112
Project name: $.R. 29 Canal Crossing Improvements
Construction Agreement date: March 11, 1997
Change order No. 2
Project No: 31 701
Bid No: 95-2320
Date: June 9, 1997
Change order description:
Tkis change order is for additional work itert~ requested of the Conlxactor.
See aruched estimated quantities for this Change Order No. 2
Original Agreement Amount ............................................................... ' $ 229,067.00
Sum ofprevious Change Orders Amount ........................................ - $ 9,178.50
This Change Order No. 2 Amoun: [ add ] ....................................... ,- $ 25,265.62
Revised Agreement Amount. .................................................. -$ 265,$11.12
Original Contract Time ia calendar days ...................................... ' 90
Adjusted number of calendar days due to previous change orders .......... " 0
This Change Order adjusted time is ................................................ " 0 days
Revised Contract Time ht calendar days. .............................. ' 90
Original Notice to Proceed date: ...................................... March 31, 1997
Completion date based on original contract time ........... June 28, 1997
Revised completion date due to change order(s) ............... June 28, 1997
Your acceptance of this change order shall constitute a modification to our Agreement and will be performed
subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were
repeated ia this acceptance. The adjustment to the this Agreement shall constitute a full and t'mal settlement of any and
ail claims arising out of or related to change set forth herein including clai.rns for impact and delay costs.
Prepared by:,/~ '~~'~ "~ Date:_~__/ *
· - ( ~hn ~: Saltsma~-President
/\
X~al~man Construction, InC. ~
Approved by:
Adolfo A. Gonzalez, P.E., Director
Collier County Office of Capital Projects Management
lof2
Date: I /
ri'EM OUN'~ITI'Y CH,q~:;E UMT i:~S~qPTION LIMT TOTAL CHANGE
?
! aS.gq}
t0
12 20.24
14
S
10
12 68.24
14 121o00
8 71.28
10 4.30
13
14 12:.00
10 370
12 31 87
8 5 54
qO 7.50
~2 ~4 60
14 132 O0
18 5 50
.25.00
.17.16
-IO.(X)
$'TTUJ~. f BRN..OO. S01 O0
SY ~E~CK STAB. BASE r $~S.00 ~
~ ~ ~1 ~ ~. SIS.~ S74.~ M.~
~ ~ ~ ~. 57 STYE $12.~ ~42.~
~ SE~ ~ ~. S7 STONE S12.~ MII.M ~.~
STR~. I BRN~S01~
LF ~ ~N~EO S~EL ~IB PIPE S1~.~ ~.~ ~1,716 ~
LF ~OA~ ~B~ ~R~RS S12 ~ S1,~ ~ ~ ~
S~. f BR~0170
LF S~D CE~ RiP~ S1~ S2.150 ~ ~ ~
TN SE~GT BED~ ~. S7 STONE $12 ~ ~ ~ ~ ~
~OATING ~RB~ ~RIERS $12.~ SI,2~ ~ ~ ~
STRUT. I BRN~02~
~ S~ CEMENT RIP.~ S172.~ ~36 ~ ~ ~
TN SELECT BEDDING ~. 57 STONE $12.~ ~2.~ ~ ~
SY ~[ S.1 ~P~TIC CONC SlS ~ S1.E~ ~ ~ ~
CY S~D CE~NT R~P-~ $172 ~ SI ~ ~ ~ ~
TN SELECT BEDD~G NO 57 STONE S12.~ S176 =6 ~ ~
LF FLOAT. TURBIT~ ~RIERS S12~ $I.~ ~ ~ ~
1 gO.O0
STRUCT. I BRC.OG~SOdS0
LF 72' ALUM STEEL RIB PiPE
S66.00 S5.94000 SO00
S28.287 42 ~3.021
AMOUNT THIS Ct'[ANGE ORDER
ORIGINAL CONTRACT AMOUNT
SUM OF PRrVlOUS CHANGE ORDERS
NVK~UNT THIS CHANGE ORDER
REVISED CONTRACT AJVIOUNT
S28.288 62
S221.067.0o
$g.178 SO
S25~65 82
S283.51112
CHANGE ORDER
TO:
$al~an Construction Inc.
P.O Box 310
Naples, Florida 34106
FROM:
Collier Couaty Office of C.a~ilal i~ojec~ Managem~mt
3301 East Tanxiami Trail Bm3ding "D'
Naples, Florida 34112
Project name: s.g. 29 Canal Crossing Improvements
Construction Agreement date: March 11, 1997
Change order No. 2
Project No: 31 701
Bid No: 95-2320
Date: June 9, 1997
Change order description:
This change order is for additional work iter~ requested of the Corm-actor.
See anached estimated quantities for tlas Change OTder No. 2
Original Agreement Amount ............................................................... -, $ 229,067.00
Sum ofprevious Change Orders Amount ........................................ "$ 9,178.$0
This Change Order No. 2 Amount [ add ] ....................................... ,- $ 25,265.62
Revised ~4greement ~4mount. .................................................. .,$ 265,$11.12
Original Contract Time in calendar days ...................................... ,- 90
Adjusted number of calendar days due to previous change orders .......... " 0
This Change Order adjusted time is ................................................ ,~ 0 days
Revised Contract Time in calendar days. .............................. = 90
Original Notice to Proceed date: ...................................... March 31, 1997
Completion date based on original contract time ........... June 28, 1997
Revised completion date due to change order(s) ............... June 28, 1997
Your accepts, ncc of ~is change order shall constitute a modification to out Agreement and will be performed
subject to all the same terms and conditions as contaiaed in said Agreement incLicated above, as fully as if ~e same were
repeated in this acceptance. The adjustment to the this Agreement shah constitute a full and f'mal settlement of any and
all claims arising out of or related to change set forth herein including claims for impact and delay costs.
Prepared b Y~' q'~~~~~~~Micah Massa Date:
Collier Cz :.-' Offa~_-~ff Capital Projec~ Management
/-,~.
Accepted,by:~ Date:..~___/~...~! g} 7
Approved by: Date: / /
Adolfo A. Got~T. alez., P.E., Director
Collier County Office of Capital Projects Management
lof2
DATE. II MAY 1997
PROJECT NO. 1~ 1.172~51~117~1
rTEM ~JANTrT~ (:~q~GE ~ ~S~
? .2S.m s~ L~ERCX~ ST~. mE r
s~.
10 7~ ~
S -~7~S LF ~~D S~EL R~ ~
8 7128 ~
~0 4~ ~ ~ C~
14 122 ~ ~ ~
lO ~2 ~ LF ~ ~
12 -78 ~ TN SE~ ~ ~ S7 ST~
lo 3 7o cY ~D C~
~2 31 87 TN SE~CT ~ ~ S? STYE
STR~. I ~S0120
8 5 ~ cY
g 11o~ sY
lo 7 so cY S~D CE~
12 14 69 TN SELE~ BE~ ~ S7 STYE
14 132 ~ LF FLOAT TURB~ ~RIERS
18 S S0 CY CmS. CONC rx
STRUCT. · BRC..00.SO4SQ
I 90 C~ LF 72' ,i4.UM STEEL RIB PIPE
AMOUNT THIS CHANGE ORDER
ORIGINAL CONT/~CT AMOUNT
S[,~4 OF PREV1OUS CHANGE ORDERS
AMOUNT TI.tiS CHANGE ORDER
REVISED CONTRACT AMOUNT
$28~87 42 CS3.027 I(~
S2S.,2SS ~2
S229.M700
S9.~78 SO
S25,265 62
S26'3.S11.~2
CHANGE ORDER
TO:
P.O Box 310
Napl~ Flo6da 341O6
FROM:
Colli~ County Office of Capilal Pmjecu Management
3301 East Tamiami Trail Building
Naple~ Florida 34112
Project nm'ne: S.I~ 29 Canal Crossing Improvements
ConzWuction Agro.-mcnt date: March 11, 1997
Change order No. 2
Project No: 31 701
Bid No: 95-2320
Date: June 9, 1997
Chanle order destn4ption:
~ Change order ia for additional work itema reque~d ofthe Contractor.
See anached estimated quantities for this Change Order No. 2
Original Agreement Amount ............................................................... = S 229,067.00
Sum of previous Change Order~ Amount ........................................ = $ 9,178.50
This Change Order No. 2 Amount [ add ] ....................................... = $ 25,265.62
Revised Agreement Amount. .................................................. ,,$ 265,$11.12
Original Contract Tu'n~ m calendar days ...................................... ' 90
Adjusted number of calendar days due to previous change order~ .......... " 0
This Change Order adjured th-ne is ................................................ "' 0 days
Revised Contract Time in calendar day~ .............................. = 90
Original Notice to Proceed date: ...................................... March 31, 1997
Completion date ba~ed on original contract time ........... June 28, 1997
Revised complm'~on date due to change order(s) ............... June 28, 1997
Your acceptance of this change order shall constitute a modification Io our Agreement and will be performed
~ubjcc~ Io all thc same terms and conditions as contained in said Agr~nnont indicated above, as fully as ff the same w~re
rt'peatcd m this accel~ance. The adju.~n'nem to the this A~'eernent shall constitute a full and f'mal senlemem of any and
all clain~ arising out of or r~lated to change ~ forth hereto including clain~ for impact and delay co~t~.
Prepared
ect Manager
Colli~ County ' [anag~nem
(~ W. Salmnan, Pr~ident
MSaltsman Construction, Inc.
Date:.=~/ q I ~ 7
Approved by:
Adolfo A. Gonzalez, P.E., Director
Collier County Office of Capital Projects Manag~nem
lof2
Date:
DATE: 16 MAY 1997 PROJECT NAME S.R. 29 ~ CROSSING ~MENTS
CONTRACTO~ SALTSMAN CONST. ~
PROJECT NO. 11 t,1729~1-~11701
ITEM QUANTITY CHANGE UNIT DESCRIPTION UNIT TOTAL Ct'lANCE
NO. ADD SUBTRACT PRICE Pt, US MINUS
SHEET 2 OF 3
STR~P3T.
? .2S.00 SY LIdEROCK ST~O. WE r $IS.~ ~.~ m~.~)
~0 7.~ ~ S~D ~ R~P.~ S~,~ S1~.~ ~.~
12 2024 ~ SE~ ~ ~ 57 STYE S12.~ S242.M ~.~
S~ ~ ~0110
~0 7,~ ~ ~ ~ R~ S~ ~.~ S1~.~ ~.~
12 M.24 ~ SE~CT ~ ~ S7 ST~ S12.~ ~18.M ~.~
14 121 ~ LF ~ T~ ~RS S12.~ S1,~2.~ ~.~
S~.
10 4 ~ CY S~ CE~ R~ S~.~ S~.~ ~.~
13
14 122 ~ LF
10 12 ~ LF ~ ~ RI~ $1~ $2.1~ ~ ~.~
12 -16.~ TN SELECT ~ ~. 57 $T~ $12 ~ ~.~ ~.~
8 6 ~ ~ ~~ S~2 ~ S~.~ ~.~
10 370
12 31 87 TN SELE~ K~ ~ 57 STYE S12.~ ~2.~ ~.~
S~T. I ~S0120
8 S ~
S 110~ SY
10 7 ~ CY
12 1469
14 132 ~ LF FLOAT. T~
16 5~ CY C~S ~ C~ rxl~
STRUCT I BRC,,,(X),S0450
1 90 00 LF 72' ALUM STEEL RIB PIPE
S28,287 42 C~3,CZ21
AMOUNT THIS CHANGE CRDER
CRIGINAL CONTRACT NVIOUNT
SUM OF PREVIOUS CHANGE ORDERS
AMOUNT THIS CHAN~E ORDER
REUSED CONTRACT AMOUNT
S2S.265.S2
$229,~? 00
S9,17~.50
S2S,265.~2
S263,511.12
APPROVE WORK ORDER FOR PROFESSIONAL ENGINEERING SERVICES RELATED
TO THE COUNTY RECLAIMED WATER SYSTEM BACK-PRESSURE SUSTAINING
VALVES.
~ That thc Board of County Commissioncrs, as Ex-Officio the Governing Board of
the Collier County Water-Sewer District, approve Work Order No. HMA-FT97-1 to Hole, Montes
and Associates, Inc. for Engineering Services related to the Reclaimed Water System
Back-Pressure Sustaining Valves.
.~ Several potential customers for reclaimed water from small sites have
expressed interest in connecting to the system if adequate pressures can be provided and
maintained. This would eliminate a user's need to provide on-site slorage and booster pumps in
order to use the system.
This Work Order will provide for Engineering Services for design and during construction of
pressure sustaining valves for the existing reclaimed water distribution systems. These valves will
maintain sufficient consistent system pressures to allow connection by these small users.
FISCAL IMPACT: Funds for this project in the amount of $ 23,000.00 are available from Fund
,,,,\,;~x:.~'M 14-26361 i-74020: Reclaimed Water System Back-Pressure Sustaining Valves (County Sewer
Capital Projects Fund).
GROWTH MANAGEMENT IMPACT: The project will make reclaimed water readily
available to a larger number of users.
]RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as
Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Work Order
No. HMA-FT97-1 to Hole, Montes and Associates, Inc. for Engineering Services related to the
Reclaimed Water System Back-Pressure Sustaining Valves.
Ronald F. Dillard, P.E., Project Manager
Offio~of Car. ~;/P~ecls Managemen,
Adolfo A.-Got0,alez, P.E., l~irect~
Office fCa' jec3s Management
Ed I I sclme ,~A-dministrator
Public Works Division
cc: Tim Clcrnons, Wastcwater Director
WORK ORDER # IIMA-FT97-1
Agreement for Fixed Term Professional Engineering Services
Dated September 26, 199S (Contract #9S-2422)
Th~s Work Order is for professional engtneermg services for work known as
~ Reclaimed Water System Back Pressure Sustaining Valves, Phases Ill and IV.
~ Improvements will allow small users 1o use reclaimed water at useful
pressure without on.site storage or pump
The work ts specified tfl the proposal dated ~, which iS attached hereto and made
a part of this Work Order. In accordance with the Terms and Conditions of the Agreement
referenced above, Work Order ~ ~ is assigned to ~le ~ontes & Assoc*ates. Inc~
~ Phase II1: Prepare Plans and Spcctfscaltons and asstst wllJ~ Didding. Phase IV:
Cofltrac1 AdmJnJstrat~on, ~nspect~ons, Close-out, and Startup
~ Complete design wor~ and prov:de prehnunary plans and specifications
by August I. 199~. Provide f,n~l plans and speciftcatsons suitable for b~dding by
September ~, 1997.
~ In accordance with Article ~ve of the Agrcemenl. the County will
CO~pCflSatC lhe Firm :n accordance ~r t I JJ the
iS lime ~nd mater:al, so red,cate and usc Ibc estabhshcd hotltly rate~s) ~s enumerated tn
Schedule "A" of Ibc AgtecmcnlZ
Phase I~I S Iq.~0~ ~ (lump sum)
Phase I%' ~ (l~tne and m~lcr:als)
T~TAL FE~ %OT TO ~C~D
An~ Clla~c w~tlun monetary 3udmr ty of Ih~s WorL Order made subsequenl to
department approval wall be considered
Schc~u:c "A" of the
Run,~ld Y t)d~d. I' 12 . UCPM I'rujc~ Ma~a~cr ~at~
REVIEWED DY /Date
Adollo A ~,,n:aic:. ['~.
ATTEST [IOARD OF COUNTY COMMISSIONERS
Dwight E ~rock. Clerk Colhe~ Cnunly. Florida
'1 nrotk'.' L Ilancuck. A.i C ?.
Dc?ur) Clerk Chairman
A?~'ro',c2 as ro form and
ATTEST
(Corporate Secr~aryl /
~y: · ,. ~
Type Name and
ro~) v, irnc:ses (2)
Signature
S~gnat.re
S~g~at~e
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS ~'L.ANNERS SuRVE¥OaS
March 11, 1997
P~s~n~ng and ~nl"~n ' .orkf~;S qu~fily o! file si~e
] AR 13 1997
O~C~',.'". '
PROJECTS '~''
Mr. Ron Dillard, P.E.
Collier County Office of Capital Projects Management
3301 E Tamiami Trail, Bldg D
Naples FL 34112
RE:
Nar. l'. =nd South Cn,.mty R e~'.!aimed \\'a~er...cx'¢tem.
HMA File No. 96.69
Dear Rom
H.XL-k is plowed to submit this proposal to prepare plans and specifications, assist with
bid!into assist with contract administration and inspertion, and assist with startup of the
modifi~-d system for the Counv:"s reclaimed water distribution system. This will allow
;,oten:!al small users to be able to use reclaimed water from the existing pipelines at
use.a,:l pressure. The plans and specifications will follow the recommendations contained
in our report submi;te5 on flanua:5.' 27, 1997.
We propose to perform the above professional se:vices under our current continuing
agreement as an extension to the Phase I and Phase II work completed under Work Order
H.%£A.-FT96-5 with a budget for each phase as follows:
Phase III
Prepare Pl".zs & Specifications.
Assistance with Bidding
S 10,500.00 Lump Su-n
Phase IV
Contract Administration.
Inspections, Close. out, Stanup
S12,500.00 Time & Materials
Please feel flee to give me a call to discuss this proposal. I ,,,,-ill be happy to schedule a
meeting with you and Tim Clemons to fi.u'ther discuss how Collier County wishes to
pursue design of improvements to the North County Reclaimed Water Pumping Station
which are outlined in our report. We can begin work on this project immediately
following notice to proceed.
W ',1996',96069.RE D'..RDT031 I.DOC
Mr. Ron Dillard, P.E. '
Collie' Count~ Office of Capitol Projects Management
HMA File No. 96.69
November ?, 1996
Page 2
Thank you very much for the opportunity for HMA to assist Collier County with further
reclaimed water system upgrades.
Very truly yours,
HOLE, MONTES & ASSOCIATES, INC.
Ronald E. Ben$on. Jr., Ph.D., P.E.
\:k.~ President. Dire:for of Enviromm~ntal Engin,e:ing
R. EB 'nsl
CCi
Karl Boy."r. P.E.
Tim Clemons
W,'..1996~95069',REB'RD?0311.DOC
RECOMMENDATION TO AWARD B~ 997-2655 FOR LIQUID SLUDGE AND
CAKE ~SIDU~ DISPOSAL.
~ That the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County
water-Sewer District of Collier County, Florida, award Bid
#97-2655 for Liquid Sludge and Cake Residual Disposal at the
County Regional Wastewater Treatment Facilities.
1) Invitations to bid were sent to 30 prospective vendors.
Bids were recieved from five (5) vendors and were opened
on April 9, 1997.
2) The purpose of this bid is to provide Liquid Sludge and
Cake Residual disposal for the efficient operation of the
County's Wastewater Treatment Facilities.
3) After reviewing the Bid Tabulation sheet, staff is
recommending Bid #97-2655 be awarded to Karle Enviro
from
- Organic Recycling for the Liquid Sludge disposal
the Pelican Bay Wastewater Treatment Facility. J & J
Baker Enterprises is being recommended for the entire
cake residual disposal from the North and South County
Regional Wastewater Treatment Facilities. In the event
that the County's residual's stabilization facility
fails, staff received pricing for stabilizing residuals.
Given that this will only be used in an emergency
situation, staff recommends that J & J Baker Enterprises
by awarded this aspect of the bid also in order to ensure
continuity.
~ The fiscal impact for the duration of this
year, (4 months) is estimated to be $50,000. Funds are
available in fund 408-233312 and 408-233313. On an annual
basis the Fiscal Impact is estimated to be $150,000 of which
funds have been budgeted for in 408-233312 and 408-233313.
9ROWTH MANAGEMENT IMPACT ~ None
~ECOM~ATION~ The Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County
Water-Sewer District award Bid #97-2~55 for Liquid Sludge and
Cake Residual Disposal to Karle Enviro-Organic Recycling for
the Liquid Sludge Disposal from the Pelican Bay Wastewater
Treatment Facility and J&J Baker Enterprises for the Cake
Residual Disposal from the North and South County Regional
Wastewater Treatment Facilities.
PREPARED BY:
Dennis B~rn~r~, C~ief Operator
NCRWWTF
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
Timothy Lj Clemons, Wastewater Director
Stepher~ Y. Ca'nell, Purchasing Director
Ed Ilshner, Public Works Admln~strator
Consent Agenda 6/24/97
1997
:OR BID ~'/-26~ ll, rVlT~ ~ :1'~: 3O Vendors
"Uquid S~ ~d ~ ~id~ D~ ~c l of 1
'i 9 !~7 ..................
........................... f~k~ ~ ~1~'~ ~,~ ~'~' ~'~'"~
I~((~ '~ ~ -~ I~ d~
: '~ ~.~.. ......................
',of P~Ii~ Bay W~
NCWW'rF lon. i Fnce · -
~ ~ ~'I'~
R~ov'Id of Pelic~ Bay Wsstmv~zr
"B" s~biliz~d liquid residuals: per
!,000 pllons fo~ ti~posal s~ an
u.~ site Total Price S S"lC)' ~
Of Nor'.h County Wa.s'~
Tr~alment unmbilized
r~sidusls: per ysrd to ,n
q~roved sx~bilizat'ion
f~:ili~ Total Price $
s~ s I"'/.co_ s la,,~.o ¥'
s ~:Y,, oc s JS. ~o s_ La..co_
Removal of North County. Wsste
r~siduah: per yard Total Price
of Norg', County. W~e
Treatment stabilized "B"
r~siduals: per yard to ~n ~PProved ~jG '~}4
q;ri~Imr~ use site Total Pri~ S
TABULATION FOR BID f~97-2655 POSTING DATE: March 11, 1997
=Liquid Slu~l~e and Cake R~'sidual Disposal" INVITATIONS SENT TO: 30 Vendors
OPENI~IG DATE: April 9, 1997 Page I of 1
.............................. ................
l~mo~ of P¢lim
mmabili~d liquid r~idu~h: i~r 1,00~
~11o~ for di.~ul at
$
NCWW'rF Total Price $ ~ $
Re'mov~l of Pelican Bay W~.ewa~-r
"B" st~lltz~ liquid r~siduals: per
1,000 ~llons for disposal at an
aq:~:~roved a.l;ricuhur'~
use site Total Price
S S
Removal of North County Waste
water Tr~amnent unstabiliz~d
r~siduals: per yard to an
approved s'ta~ilLza.,ion
facility. Total Price $
$ $
Remowl of North County. Waste
water Tr~trnent stabilized "AA"
r~siduals: per yazd Total Price $
$ S
Removal of Noah County Waste
water Treatment stabilized
r~siduals: per yard to an approved
/
a~culture use site Total Price S __.~-~"
S S S
Removal of South County Waste
water Tr~amem unst~bilized
r~sidu~h: per yard to an approved
mbiliz~fion facility Total Price
s s s
Stabilize un.tta~iliz~d r~siduals
fi'om the North & South County
Was'tewater Trea~nent Facilities:
per yard at a permitted~K-]I~
xmbilization facility Tot~l Price .. _
S S
Copies of licenses/permits attached.'? ~/'Yes .._._No
Yes _.__~o ....__Yes .__..?o .___Yes __._~o
Prompt Pa.v~ent Terms % Days ~% ~Days % Days % Days
Terms Net 30 _Days Net 30 Da~ Net 30 Day~ Net 30 Days
ida Received if Applicable? ~
No Bid~ Received From: American Compliance Technologies. Inc.: Aztec Development Co.; Owaxonna Equii~nem Co.; Howco
Environmental Services: and CBI Environmental Services.
APPROVE NORK ORDER NMBGP FT 97-7 WITH WILSON, MILLER, BARTON AND
PEEK, INC. FOR ENOINEERINQ SERVICES RELATED TO THE RELOCATION OF
NATE~ AND WA~TEWATER FACILITIES IN U.S.41.
~~ To request that the Board of County Commissioners, as
the Ex-Officio Governing Board of the Collier County Water-Sewer
District, approve a Work Order with Wilson, Miller, Barton and
Peek, Inc. for engineering services related to the relocation of
water and wastewater facilities that are in conflict with FDOT
proposed drainage structures in U.S. 41 between Immokalee Road and
Old U.S. 41.
CONSIDERATIONS, Florida Department of Transportation has submitted
widening plans of U.S. 41 from Immokalee Road to Old U.S. 41 which
show several conflicts between Collier County existing facilities
and the proposed FDOT drainage facilities. In accordance with the
attached letter from FDOT the timing for this design has become
critical.
Statutes provide that FDOT facilities have precedence over Collier
County facilities and, therefore, Collier County facilities must
be moved.
Staff has negotiated the project scope and total lump sum design
compensation of $24,000.00 as provided in the attached
Professional Services Agreement.
This Agreement has been approved by the County Attorney's office
as to form and legal sufficiency.
FISCAL IMPA%~ The cost of this project is to be divided equally
between Water and Wastewater. $12,000 each for a total of $24,000
to be allocated as follows:
...--~- 412-273511-70047 Relocate 20"/12" WM US 41 North
~ 414-263611-73048 Relocation WM & FM US 41 North
OROWTH MANAQEMENT IMP~Q~T: None.
RECOMM~NDATIONSz That the Board of County Commissioners, as the
Ex-Officio Governing Board of the Collier County Water-Sewer
District of Collier County, Florida approve the Work Order WMB&P
FT 97-7 with Wilson, Miller, barton & Peek, Inc.
PI~P~R~D BY ~ ~ :
Tom Satt~field/ ~.E~, Project Manager
Office/~f Cagital Projects Management
REVIEWED BY~~DATE:~
Public Works Administrator
cc:
Tim Clemons, Wastewater Director
Michael Newman, Water Director
Karl Boyer, P.E., Senior Project Manager, OCPM
WORK ORDER W.M.B.& P. FT 97-7
Agreement for Professional Englneerlng Services
Dated September 26, 1995 (Contract ft9,5-2422)
This Work Order is for Professional Engineering Services for work known as:
Project: U.S. 41 North, Utility Relocation
The work is specified in the proposal dated May 23, 1997 which is attached and made a
part of this Work Order in accordance with the Terms and Conditions of the Contract
referenced above. Work order # W.M.B.& P. FT 97-7 is assigned to Wilson, Miller,
Barton and Peek, Inc.
Scope of work ' All plans and specifications necessary to design the relocation of
utility lines, both sewer and water, that are in conflict with the proposed widening of
U.S. 41 from Immokalee Road to Old U.S. 41.
Schedule of Work · Complete within 120 days from receipt of Notice To Proceed letter
authorizing start of work.
Compensation ' The County will compensate the Consultant for the services performed
on this Work Order in accordance with the negotiated lump sum fee as provided in
the schedule below.
Design Report
Preliminary Report
Final Design
Total
S6,000.00
$8,000.00
$24,000.00
Any change made subsequent to final department approval will be considered an
additional service and charged according to Schedule A of the Agreement.
Prepared b.y~-/ · · ?
' T--'~'~~ld, P. ~E'., Project Manager Date
Off' ;e' of Capital Projects Management
Reviewed b~r
Off' fo api~tal Project~'Management
Date
A'T'I'EST:
Dwight E. Brock, Clerk
BOARD of COUNTY COMMISIONERS
Collier County, Florida
By:.
Deputy Clerk
By:_
Timothy L. Hancock, A.I.C.P,, Chairman
Approved as to Form
and Legal Sufficiency
Assistant County Attorney
ACCEPTED BY. Fermin Diaz, P.E.~'~res.
Wilson, Miller, Barton and Peek, Inc.
Date
Date "
ATTEST: (Corporate Secretary)
By: Gary L. Danca, Secretary/Treasurer By:.
Typed Name and Title Sigr'ra'ture
(or) ~itnesses (2)
Signature
Nary ~.eedyk
(Print Name)
(2)
Signature
Paul Bernier
(Print Name)
PLANNEES, F. NVIRONMENTAL CONSULTANTS, ENGINEERS,
SL'RV£YOR~. LANDSCAPE AECHITECTS, CONSTRUCTION ~'I.a,N.AGERS
PROFESSIONAL SERVICES PROPOSAL
TO:
FROM:
DATE:
SUBJECT:
Mr. Tom Satterfield, P.E.
Project Manager
Off~ce of Capital Projects Management
3301 E. Tamiami Trail, Bldg. D
Senior Vice President
Ma.,,' 23, 1997
Professional Services Proposal for
FDOT Utili~' Permitting & FDOT Joint Project Agreement to
Relocate Water & Sewer Facilities vdthin U.S. 41 with the
Proposed U.S. 41 Widening From Immokalee Rd. (CRg64) to
U.S. 41 (CR887)
a.l.
DESCRIPTION OF PROJECT
A.I.1.
Prepare plans, specifications, FDOT UtiliD' Accommodation permit and
FDOT Joint Project Agreement forms to relocate water and sewer facilities
within U.S. 41 that are in conflict v.'ith the proposed U.S. 41 v;idening
from Immokalee Road (CR864) to U.S. 41 (CR887). Thc proposed
project will consist of a Design Report, Preliminary Design and Final
Design.
A.2.1. Consult with OWNER's Representative (Collier Coun:7 Office of Capital
Projects Management) to clarify and define OWNER's requirements for
the PROJECT and review available data.
0~,~897. t,V.~X~0014.}~J15 .'; .',,
.,.,,.:..- ;..,.,, .,,.... ..... ,.,.,..:.: .:
Mr. Tom Satzcrfield, P.E.
Page 2
A.2.2.
Advise OWNER as to the necessity of OWNER obtaining from
CONSULTANT, additional services described in Article Two of this
Proposal, such as, but not limited to probings, subsurface explorations,
:,pecial permits (FDEP, COE, and SFW~D), survey easements or other
similar investigations.
A.2.3.
Prepare a Design Report containing schematic layouts, sketches and
conceptual design criteria with appropriate exhibits to indicate clearly the
considerations involved (including applicable requirements of
governmen~ authorities having jurisdiction over the project), and any
alternative designs available to OWNER and setting forth
CONSULTANT's findings and recommendations. The Design Report
also shall contain CONSULTANT's professional evaluation of OWNER's
Project budget. Said evaluation shail contain CONSULTANT's initial
professional opinion ~f probable cost for the Project, including
construction costs, contingencies, and allowances for charges of
professionals and consultants.
A.2.4.
Furnish five (5) copies of the Design Report, schedule and conduct a
meeting with OWNER to present the Design Report for OWNER's review
and approval.
A.3.1.
A.3.2.
Prepare preliminary Contract Documents, including designs, drawings,
special conditions, general conditions, supplemental conditions,
specifications, Agreement forms, necessary for construction of the Project.
Keep OWNER informed as to the status of the project design through
monthly meetings "as required".
A.3.3.
Upon completion and submission to OWNF. I~ of the preliminary design
for Project, provide to OWNER five (5) copies of preliminary Contract
Documents and CONSULTANT's professional preliminao' opinions of
probable total Project and constructions costs for review and approval by
OWNER. The improvements for which services are to be rendered under
this Agreement shall include the Project as described in the description in
paragraph A. I. 1. of this Schedule A.
OS,~l,97 · W-60060014.lOtS
I-~-O03-060-EPSA
Mt. Tom Satterfi¢ld, P.E.
Page 3
A.4.1.
Provide OWNER with proposed final construction drawings and detailed
opinion of probable consmaction costs in writing for OWNER's review,
prior to completion of the final Contract Documents, so that any changes
that may be necessary in accordance with Project's budgetary schedule can
be made prior to bid.
A.4.2.
Upon OWNER's approval of detailed opinion of probable Project and
consu'uction costs, provide to OWNER, for its review and approval, five
(5) copies of final Contract Documents.
A.5. CONSTRUCTION BID AND CONSTRUCTION PHASE SERVICES
A.5.1.
The County does not deem it necessary at this lime to contract with the
Consultant to provide professional construction management or field
representation services during the construction bid and construction phases
for the Project. If so desired by the County, the parties shall enter into
separate fee negotiations for Additional Services.
IV~. Tom Sane~eld, P.E.
Pa~e 4
EXHIBIT B
BASIS OF COMPENSATION/SCHEDULE
B.I. BASIS OF COMPENSATION
B.I.I. As consideration for providing Basic Services as set forth herein in Pans
A.2, A.3, A.4 of Schedule A, OWNER agrees to pay, and CONSULTANT
agrees to accept, the lump sum fee as follows:
(A.2) Design Report $ 6,000
(A.3) Preliminary Design $ 8,000
(A.4) ~ ~
Total: $24,000
B. 1.2. Payment For Basic Services under Parts A.2, A.3, A.4 of Schedule A shall
be paidon a lump sum basis in accordance with set milesIones as follows:
(a)
the A.2 milestone shall be the submittal to OWNER of the Design
Report and CONSULTANT's initial professional opinions of
probable total Project and construction costs.
(b)
the A.3 milestone shall be the submittal to OWNER of the
preliminary Contract Documents and CONSULTANT's
preliminary opinions of probable total Project and construction
costs.
(c)
the A.4 milestone shall be the submittal to the OXl, q',IER of the final
Contract Documents after OWNER's approval of detailed opinions
of probable total Project and construction costs.
B.2 SCHEDULE
B.2.1
Project shall be completed within 120 days of written notice to proceed
provided by Owner, unless otherwise mutually agreed upon by
Owner and Engineer.
Mr. Torn Satterfield, P.E.
Page ~
B.2.2. A more derailed conceptual schedule follows.
Design Report
County Review/Resolution
Preliminary Design
County Review/Resolution
Final Design
Total Time
30 days
15 days
30 days
15 days
120 days
EXECUTIVE S~Y
RECOMMENDATION TO ENTER INTO NEGOTIATIONS WITIi R&L
INDUSTRIES FOR PLASTIC FARM MULCH RECYCLING AT THE
IMMOKALEE LANDFILL.
~1~.~[~: To establish a contraa for the recycling of plastic farm mulch stockpiled
at the Immokalee Landfill.
~).~.F~al~11~: On May 20, 1997 the Board of County Commissioners approved
the resolicitation of RFP 97-2649 for the recycling of plastic farm mulch at the Immoklaee
Landfill (Item 16BI)~ RFP 97-2682 was issued on May 20, 1997 with a deadline of June
11, 1997.
A single response to RFP 97-2682 was received. The proposer has offered to remove the
plastic from the landfill site at no charge to the County with the County providing
adequate space for baling and staging the plastic for shipment. The previous RFP 97-2649
requested responses to three options to either recycle, dispose in the lined cell or bury the
plastic in place. A single proposal offered to bury the material in place at a cost of
$353,875.00.
~: Proposer has offered to remove the plastic from the landfill at no
charge to the County. Any cost impacts identified in developing a contract with the
proposer will be reported to the Board of County Commissioners when the contract is
brought back to the Board for approval.
J~e_C.~a~~l.Q~: That the Board of County Commissioners direct staff'to
negotiate a contract with R&L Industries and bring that contract back to the Board for
final approval.
PREPAI D BY: - 7 7
Da,4d W. Russell, Director, Solid Waste Management Date
Department
REVIEWED BY:
Stephen Y. Carueli, Director, Purchasing Department Date
REVIEWED
Date
PUBLIC WORKS DIVISION
APPROVE AND EXECUTE A PROFESSIONAL SERVICES AGREEblENT
WITH HOLE, MONTES, AND ASSOCIATES, INC. FOR THE AIRPORT-
PULLING ROAD BRIDGE PRO,i'ECT AT JUNCTION IMMOKALEE ROAD
~ Board approval of negotiated design fees with Hole, Montes, and
Associates, Inc. as the number one ranked consultant for the Airport-Pulling Road bridge
installation at junction Immokalee Road.
· As authorized by the Board on December 17, 1996 [under
Agenda Item 16 ('B) 2] and by the County Manager on December 19, 1996, a consultant
selection process was initiated for the design and permitting of a new bridge s'u'ucture at
the Airport-Pulling Road/Immokalee Road intersection. A Legal Notice was published in
the Naples Daily News on January 19, 1997 and again on February 2, 1997. Professional
qualification proposals were submitted by ten consulting firms on the closing date of
February 14, 1997. The consultant selection committee members (consisting of Gwen
Butler of the Purchasing Deparmaent; Edward Kant, P.E., of the Transportation
Department; and Richard Heiiriegel, P.E., and Vladimir Ryziw, P.E. of the Office of
Capital Projects Management) rendered a final short-list of the three most qualified firms
on March 13, 1997. The firm of Hole, Montes, and Associates, Inc. is ranked as the
number one most qualified consultant. A list of the ten responding firms is provided
below in alphabetical order, along with identification of the top three rankings.
· Agnoli, Barber and Brundage, Inc.
· ConsuI-Tech Engineering, Inc.
· Cumbey and Fair, Inc.
· DSA Group, Inc.
· H.J. Ross Assoc., Inc.
(I) Hole, Montes, & Assoc., Inc.
Kissinger Campo and Assoc., Inc.
(3) Pitman-Hanenstein & Assoc., Inc.
URS Griener. h':c.
(2) Wilson, Mille,', Barton & Peek, Inc.
(1) Indicates No. One ranked firm
(2) Indicates No. Two ranked firm
(3) Indicates No. Three ranked firm
Staff has concluded fee negotiations with Hole, Montes, and Associates, Inc. for bridge
design and permitting services. As set forth in the attached Professional Sen'ices
Agreement, consulting fees have been negotiated for Basic Services, Special Services,
and Additional Services. A summary of the scope of services and negotiated fees is
provided below.
JuN 2 ~ 1997
Executive Summary
Page 2
(!) Roadway and Bridge Plans
(2) Utility Designs (County facilities)
(3) Signal and Highway Lighting
(4) Signing and Pavement Marking Plans
(5) Bidding and Contract Documents
Sub-Total
(1) Public Involvement Program
(2) Surveying Services
(3) Geotechnical Services
(4) Environmental Inventory
(5) Traffic Design Analysis
(6) Utility Relocation
(7) Utility "As-Builting" (County Facilities)
(8) Operational and Environmental Permits
Sub-Total
$88,672.00
$5,420.00
$16,611.00
$8,316.00
$13.079.09
$132,098.00
$8,989.00
$10,480.00
$4,374.00
$2,872.00
S25,279.00
$2,376.00
S5,982.00
$06,350.00
(I) Airport-Pulling Road Alignment Design
(2) Traffic Signal Design, Piper Boulevard
(3) Constructibility Review
(4) Advisory Sm'ices during bidding
(5) CEI Services
Sub-Total
S5,440.00
$7,573.00
S6,646.00
$6,316.00
Costtobenegotiaed
The maximum contract amount of $224,423.00, wl-dch includes the contingency of
Additional Services, is recommended for approval by the Board. Service items shall be
compensated on a lump sum and cost not to exceed method of payment as contained in
the Professional Services Agreement.
.t~.~ The proposed maximum contract fee of $224, 423.00 will involve a
udget amendment.
Executive Summary
Page 3
' · Fund 313 ( Gu taxes) Project No. 66067 (Airport-Pulling Road
Bridge) will be utilized. $255,000 is cun'ently budgeted for roadway work and is broken
down as follows: Engineering - $100,000; Surveying - $50,000; Appr',ti.~als - $20,000;
Licenses and Permits - $5,000; and Land. $80,000. A budget tmendment is needed to
transfer $113,943 fi'om r~,serves for engineering services for a total of $224,423 for
roadway work.
~ The proposed new bridge installation at the
inter~ection of Airpon-Pulling Road and Immokalee Road is included in the FY 96-97
Capital Improvement Program.
~ That the Board of County Commissioners approve the
negotiated fee with Hole, Montes and Associates, Inc. for the Airport-Pulling Road
bridge project in the maximum amount of $224,423.00, approve the necessary budget
amendment, and direct it~ ~
.-"hairnjan to execute the at,ached Professional Services
PREPAREDAgreement. ~
B Date: ~
Office .of Capital.Pf~s Management
DB :
~?Date:
Adolfo A. Gonzalez, P.E., Director -'
REVIEWED
Offt~-g'°4'.~, ./.,~P,j~ °J~ M an agem ent
Public Works Division
cc: Rich Hellriegel, P.E., Senior Project Manager
paStss'x sumps~atqx~l~id~
1997
Airport-PullAng Zoad lrAdge
~unction X~aokalee ~oad
(Collier ¢oun~ro~ect~o.
PROF£SSIONA~ SERVICES
THIS AGREEMENT ts made and entered into this day of
__, 19~, by and between the Board of County Commissioners for Collier County,
Florida, · political subdivision of the State of Florida [and as Ex-Officio The Governing
Board of the Collier County Water-Sewer District] (hereinafter referred to es the 'OWNER')
and Hole, Montes and Associates, Inc., a Florida corporation, authorized to do business tn
the State of Florida, whose business address is 715 Tenth Street South, Naples, Florida
34102 (hereinafter referred to as the 'CONSULTA/TT-).
WI TNESS ETH:
W~..ER£AS, the OWNER desires to obtain professional civil engineering and related
services of the CONSULTANT concerning certain design services for the Airport-Pulling Road
bridge at junction Immokalee Road (hereinafter referred to as the 'Project-), said
services being more fully described in Schedule A, 'Scope of Services", which ts attached
hereto and incorporated herein; and
'"~EREAS, the CONSULTANT has submitted a '.'~pmsa] for provision of those se~-'-.~;
and
WHERF. J~S] the CONSULTANT represents that it has expertise in the ty~e of professional
services that will be required for the Project.
JUN 2 q 1597
NOW, T~T~FOR£, in consideration of the mutual covsnants and provisions contained herein,
the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT,S R~SPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional civil engineering and related
services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule
B, "Schedule of Fees For Basic and Special Services" which is attached hereto and
incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier
County. Flcrida, including, but not limited to. all licenses required by the respective
state boards and other governmental agencies responsible for regulating and licensing the
professional services to be provided and performed by the CONSULTANT pursuant to this
Agreement.
1.4 The CONSULTANT agrees that, when the services to be .provided hereunder relate to a
professional service which, under Florida Statures, requires a l~cenae, certificate o:
authorization.or
JUN 2 997
other form of legal entitlement to practice such services,
only qualified personnel to provide such services.
it shall employ and/or retain
1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days
after receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereinafter referred to as the -Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to
be provided and performed under this Agreement. Within five (5) calendar days from the
Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to
the OWNER a written statement, executed by the proper officers of the CONSULTANT,
acknowledging that the Project Manager shall have full authority to bind and obligate the
10NSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT
agrees that the Project Manager shall devote whatever time is rec~%~ired to satisfactorily
manage the services to be provided and performed by t~e CONSULTANT hereunder. The person
selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior
approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar day~ of receipt of a written request
from the OWNER, to promptly remove and replace the Project Manager, or any other personnel
employed
, II tt IIIIIIII IIIII III I I -- I III II
or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of
~ny such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform
services or work pursuant to the requirements of this Agreement, whom the OWNER shall
request in writing to be removed, which request may be made by the OWNER with or without
cause.
1.7. The CONSULTANT has represented to the OWNER that it has e~ertise in the type of
professional services that will be required for the Project. The CONSULTANT agrees that
all services to be provided by CONSULTANT pursuant to this Agreement shall be subjeqt to
the OWNER's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with
all published laws, statutes, ordinances, codes, rules, regulations and requirements of
any governmental agencies which regulate or have Jurisdiction over the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict
and utilize its best professional Judgment to advise OWNER regarding resolution of the
conflict.
1.8. CONSULTAN~' agrees not Co divulge, furnish or make available to any third person, firm
or organization, without OWHXR's prior wrl=ten consent, or unless ~nc~den= ~o the ~roper
performance of the CONSULTANT's obligations hereunder, or ~n the course o~
JUN 2 1997
ludicial or legislative proceedings where such information has been properly subpoenaed,
thy non-public information concerning the services to be rendered by CONSULTANT hereunder,
and CONSULTANT shall require all of its e~loyees, agents, subconsultanta and
subcontractors to comply with the provisions of this paragraph.
1.9. CONSULTANT agrees to certify all estimates of construction costs and ~roJect
cow~letion dates prepared by the CONSULTANT. Said certifications shall be in a form
approved by the OWNER.
1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction
cost and detailed estimates of construction cost prepared by the CONSULTANT represent the
CONSULTANT'S best Judgment as a design professional familiar with the construction
industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices
will not vary from any estimate of construction cost or evaluation prepared or agreed to
by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall
revise and modify Construction Documents and assist in the rebidding of the Work a: no
additional cost to OWNER, if all responsive and responsible bids exceed the estimates of
construction costs prepared by CONSULTANT.
1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or
procedures of construction selected by contractors or the safety precautions and programs
incident to the work of contractors.
JUN 2 997
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others
Additional Services of the types listed in Article Two herein. These services will be
..paid for by OWNER as indicated in Article Five and Schedule B. The following services, if
not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Ser~ces~
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity,
OWNER's schedule or character of construction; and revising previously accepted studies,
reports, design documents or Contract Documents when such revisions are required by
changes in laws0 rules, regulations, ordinances, codes or orders enacted subsequent to and
not reasonably anticipated prior to the preparation of such studies, reports or documents,
or are due to any other causes beyond CONSULTAnT's control.
Assistance in connection with bid protests, rebidding or renegotiatin9 contracts for
tion, materials, equipment or services, except as otherwise provided for herein,
2.9. Providing any ty~e of property surveys, aerial photography or related engineering
services needed for the transfer of interests in real property and field surveys for
.design purposes and engineering surveys and staking to enable contractors to proceed with
their work and providing other special field surveys.
2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, Involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be
~rovided herein).
2.12..Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in accordance with
generally accepted civil engineering and related practice.
ARTTCI,E THREE
O~FER° S RESPONS~BII, ZTIES
3.1. The Owner shall designate in writing a project coordinator to act as OWNER's
representative with respect to the se=vices to be rendered under this Agreement
(hereinafter referred to aa the 'Project Coordinator'). The Project Coordinator shall
.have authority to transmit instructions, receive information, interpret and define OWNER's
policies and decisions with respect to CONSULTANT's services for the Project. However,
the Project Coordinator ts not authorized to issue any verbal or written orders or
~nstructions to the CONSULTANT that would have the effect, or be ~nterpreted to have the
effect, of modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such services;
or
(c) The amount of compensation the O~;ER is obligated or committed to pay the
CONSULTANT.
3.2. .-he Projecc Coordinator shall:
(a} Review and make appropriate reco~vnendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b) Provide all criteria and infonnat£on requested by CONSULTANT as to
requirements for the Pro~ect, including design ob~ect£ves and constraints,
space, capacity and perfoL~nance requirements, f~ex~b~l~ and expandab~,
and any budgetary li~a~ions~
(c) Upon re.es= from CONSULTS, assis= CONSULT~T by placing *= CONSULT~T's
disposal all available info~ion in ~he ~ER'S possession pe==inen~ ~o ~he
ProJec=, including existing drawings, specifica~ions, shop drawings, p=oduc=
ii=eraSure, previous reports and any o=her da~a =ela=lve =o design or
cons=ruc~ion of =he ProJec~
(d) ~range for access ~o and ~ke all provisions for CONSULT~ =o eh=er
ProJec= sire ~o perfo~ ~he services =o be provided by CONSULT~ under =his
Agreemen=~ and
(e) Provide no=ice ~o CONSULT~T of any deficiencies or defec=s discovered by
O~ER wi=h respec~ =o ~he se~ices =o be rendered by CONSULT~ hereunder.
3. CONSULT~T acknowledges =ha= access ~o =he ProJec= Si=e, ~o be arranged by O~ER
CONSULT~T, may be provided during =~es =ha= are no~ =he noel business hours of
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the Project and for the costs
thereof, including the cos=s of any required land survey~ in connection with such
acquisition.
10
JUli 2 1997
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution
of this Agreement upon written Notice to Proceed from OWNER for all or any designated
portion of the Project and shall be performed and completed in accordance with the Project
'Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence
with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of God or of public
enem~, acts of government or of the OWNER, fires, floods, epidemics, quarantine
regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within
five (5) working days after commencement of such delay, stating the cause or causes
thereof, or be deemed to have waived any right which CONSULTART may have had to requesc a
cime extension.
4.3. No interruption, Interference, inefficiency, suspension or delay in the commencement
or progress of CONSULTANT's services from any cause whatsoever, including those for waich
OWNER may be responsible in whole or in par=, shall relieve CONSULTANT of its duty =o
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT's sole remedy agains~ OWNER
11
JuN 2 1997.
will be the right to seek an extension o! time to its schedule. This paragraph shall
expressly apply to claims for early com~letion, as well as cla£ms based on late
completion. Provided, however, if through no fault or neglect of the CONSULT~d~T, the
.. services to be provided hereunder have not been completed within twenty-four (24) months
after the start date contained in Schedule C herein, the CONSUlTANT's compensation maybe
equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT after expiration of
said twenty-four (24) month period.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable manner, in addition to any
other rights or remedies available to the O~T~R hereunder, the OhWER at its sole
discretion and option may withhold any and all palanents due and owing to the CONSULTANT
until such time as the CONSUI~TANT resumes performance of its obligations hereunder in su:h
a manner so as to reasonably establish to the O~NER's satisfaction that the CONSULTANT's
performance is or will shortly be back on schedule.
ARTICLE FIVE
CONPENSATION
S.1. Compensation and the manner of payment of such compensation by the Oh~ER for services
rendered hereunder by CONSULTAI~T shall be as prescribed in Schedule B, entitled 'Schedule
of Fees for Basic and Special Service.n, which is attached hereto and made a part hereof.
~he maximum total compensation unto CONSULTANT under this Agreement shall not exceed the
amount of $224,423.00, exclusive of Construction Engineering and Inspection Services.
12
JUN 2 'i997
~RTI CLE SIX
OW~RSHIP OF DOCL~S
6.1. Upon co~ple=ion or =ermina=ion of ~his Agreemen=, all records, documents, tracings,
plans, specifications, ~aps, evalua~ions, reports, co,~uter assisted design or drafting
disks and other technical data, other than working papers, prepared or developed by
.CONSULTANT under this Agreement shall be delivered to and become the property of OWNER.
CONSULT~NT, a= its o~ e~ense, ~y retain copies for ~$s files and inte~al use. O~R
agrees ~o inde~ify and hold ha~less CONS~T~ wi=h respec= ~o any claim, loss or
daMge, ~ncludin9 at=orneys fees incurred by CONS~T~ due =o 2he O~R's use of said
records, documen=s, =racings, plans, specifica=ions, maps, evalua=~ons, re~r=s, compu=er
disks and o=her ~ec~cal da=a on some other projec= unless such use ~s au=hot,zed by
CONSULT~/4T ·
6.2. Wi=h respec= =o and in consideration for the inde~nification provided by OW~R in
paragraph 6.1. above, CONSULTA~FT agrees to pay to O~TER $10.00, the sufficien~ and
receipt of which is acknowledged through the signing of this Agreement.
ARTICLE SL~
MAINTENARCE OF RECORDS
7.1. CONSULTANT will keep &dequate records and supporting documentation which concern or
reflec= its services hereunder. The records and documentation will be retained by
CONSULTART for a minimum of five (5) years from the date .of termination of this Agreement
or the elate the Project is co,~leted, whichever is
13
JUN 2 1S97
later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the
right to audit, inspect and copy all such records and documentation as often as they deem
· necessar~ during the period of this Agreement and during the five (5) year period noted
above; provided, however, such activity shall be conducted only during normal business
hours.
ARTICLE EIGHT
INDEMNIFICATION
~.1. The CONSULTANT tn consideration of $10.00, the sufficiency and receipt of which ia
acknowledged through the signing of this Agreement shall protect, defend, Indemnify and
hold OWNER and its officers, employees and agents harmless from and against any and all
losses, penalties, damages, professional fees, including attorney fees and all costs of
g n and Judgments arising out of any willful misconduct or negligent act,or error
or omission of the CONSULTART, its Subconsultants, Subcontractors, agents or employees,
arising out of or incidental to the performance of this Agreement or work performed
thereunder. The consideration exchanged and the provisions of this paragraph shall also
pertain to any claims brought against the OWNER Its officers, employees or agents b~ any
employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone
directly or indirectly employed by any of them. The CON~ULTANT,S obligation under this
paragraph aha11 not be lib/ted in any way by the agreed upon contract price as shown in
this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection.
14
8.2. CONSULTANT acknowledges that the general conditions of any construction contract
shall include language, satisfactory to the OWNER's attorney, in which the contractor
agrees to hold harmless and to defend OWNER, its agents and en~loyees from all su£ts and
&ctions, including attorney's fees, and all costs of litigation and Judgments of any name
and description arising out of or incidental to the performance of the construction
.contrac= or work performed thereunder.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, aC all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contrac= with, c=
use of the services of any other person or firm by CONSULTART, as independent consultant
or othe~wise, shall be subject to the prior written approval of the OWNER. No provision
of this Agreement shall, however, be construed as constituting an agreement between the
OWNER a~d any such other person or firm. Nor shall anything contained herein be deemed to
give any such party or any third party any claim or right of action against the OWNER
beyond such as may otherwise exis~ without regard to this Agreement.
15
ARTICLE ELEVEI~
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and
all claims, except for insurance company subrogation claims, by it against OWNER arising
out of this Agreement or otherwise related to the Project, except those previously made in
.writing and identified by CONSULTANT as unsettled at the time of the final payment.
Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be
a waiver of any of OWNER's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for OWNER to terminate this Agreement, in whole or in
part, as further set forth in this section, for any of the following reasons~ (a) failure
begin work under the Agreement within the times specified under the Notice(s) to
Proceed, or (b) failure to properly and timely perform the services to be provided
hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's
principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or
other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this
Agreement, or (f) for any other Just cause. The OWNER may so terminate this Agreement, in
whole or in part, by giving the CONSULTANT seven (7) calendar days written notice.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1
above, it is determined for any reason that CONSULTANT was not in default, or that its
default was excusable, or that OWNER otherwise was not entitled to the remedy against
CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant
to paragraph 12.1 shall be deemed to be the notice of termination provided for in
.'paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and
limited to those afforded CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in par~, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
term/nation for convenience, CONSULTANT's recovery against OWNER shall be limited to tha:
portion of the fee earned through the date of termination, together with any retainage
withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to
the termination, but CONSULTANT shall not be entitled to any other or further recovery
against OWNER, including, but not limited to, anticipated fees or profits on work not
required to be performed.
12.4. Upon termination, the CONSULTANT shall deliver to the OWh~R all original papers,
records, documents, drawings, models, and other material set forth and described in this
17
12.s. The Omar shall have the power to suspend ·11 or any portions of the se=v'-'=es to be
)rovided by CONSULTANT hereunder upon giving CON~ULTANT two (2) calendar days pre. or
written notice of such suspension. If ·11 or any portion of the se=vices to be rendered
hereunder are so suspended, the CONSULTANT's sole ·nd exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in
.Article Four herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. C~NSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working soleiy for CONSULTANT, to solicit or
secure this Agreement ·nd tha~ CONSULTANT has not paid or agreed to pay any person,
company, cor~oration, individual or firm, other than · bona fide employee working solely
for CONSULTANT, any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (S) (a),Florfda Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached
hereto and incorl~orated herein as Schedule E, stating that wage rates and other factual
=nit costs supporting the compensation are accurate, complete and current at the time of
the Ag=cement. The CONSULTANT agrees that the original Agreement price and any additions
thereto shall be adjusted to exclude any significant sums by which the OWNER determines
the Agreement price was increased due to inaccurate,
18
t t ttt I'S! - IIIIII I I
incomplete, or non-current wage rates and other factual unit costs. All such adjustments
shall be made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
-14.1. CONSULTANT represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. CONSULTANT further represents that no persons
having any such in=crest shall be en~loyed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon the
parties unless in writing and executed By the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to he given by =he
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by Un£ted
States Postal Service Department, first class mail service, postage prepaid, return
receipt requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida.
c/o Office of Capital Projects Management
3301 Tamiam~ Trail East
Naples, Fl. 34112
Attention= Vladimir A. Ryziw, P.E., PMP, Project Manager
19
JUN 2 IS97
,=. ,,21
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
CONSULTANT shall be made in writing and shall be deliv~red by hand or by the United
States Postal Service Department, first class mat1 service, postage prepaid, return
receipt requested, addressed to the following CONSULTANT's address of record:
Hole Montes and Associates, Inc.
6ROR-F Presidential Court, Fort Myers, Florid& 33919
Attention~ Walter F. Gilcher, P.E., Project Manager or
Robert L. Murray, P.E., Senior Vice President
16.3. Either party may change its address of record by written notice to the other party
given in accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELI~EOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms.
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the
prior written consent of OWRER.
17.4. Waiver by either party of a breach of any provisio~ of this Agreement shall not be
deemed to be · waiver of any other breach and shall not be construed to be a modification
of the terms of this Agreement.
2O
JUN 2 1697
17.5. The headings of the Articles, Schedules, Farts and Attachments as contained in this
~r~e~ent are for the purpose of convenience only and shall not be deemed to expand, limi=
or change the provisions in such Articles, Schedules, Parts and Attachments.
17.~. This ~reement, initially consisting of ~? continuously numbered pages including the
· referenced Schedules and Attachments hereto, constitutes the entire agreement between the
par~les hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this
· gree~ent.
~,RTI CItE EIGHTEEN
Ia.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and
regulations of the State of Florida, and by the laws, z-ules and regulations of the United
States when providin9 services funded by the United States 9overnment. ~ny suit or
action brought by either party to this Agreement against the other party relating to or
arising out of ~hls Agreement must be brought in the appropriate Florida state court in
Collier County, Florida.
IN WITNESS WHEREOF, the p&rties hereto have executed this Professional Se~ices
~mmn= on the day and year first written above.
ATTESTs BOARD OF COUN~ COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
.[AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT]
Clerk= Dwight £. Brock
DaCes By:
Timothy ~. Hancock, Chairman
Approved as to form and
legal sufficiency$
County Attorney
(CORPORATE SEAL)
JUN 2 % .1997
SCHEDULE 'A'
HMA. 97.09
June 2, 1997
The CONSULTANT shall provide and perform the following professional
services which shall constitute the GENERAL SCOPE of the BASIC SERVICES and
SPECIAL SERVICES under the convenants, terms and provisions of this
PROFESSIONAL SERVICES AGREEMENT.
The CONSULTANT shall conduct surveys, develop design alternatives, prepare
an environmental impact summary, develop traffic data, prepare final plans
and specifications, cost estimates, bid documents, contract documents, all
government permit applications, coordinate all utility system adjustments,
design utility relocations for COUNTY owned facilities (water, sewer,
effluent) and provide construction phase services for roadway and bridge,
in accordance with permits which may be required from the U.S. Army Corp.
of Engineers, the Florida Department of Environmental Protection, Florida~
Department of Health and Rehabilitative Services, the United States
Envircnmental Protection Agency, the South Florida Water Management
District, Big Cypress Basin and Collier County Department of Community
Development.
The scope of the project generally includes, but is not necessarily limited
to design and construction of a bridge or bridges extending Airport-Pulling
Road dorth to Piper Boulevard, design and reconstruction of approximately
1,000 feet of Piper Boulevard to accommodate the horizontal and vertical
alignment of the bridge(s) and approaches, a re%aining wall along the north
side and/or south side of reconstructed Piper Boulevard, design and
constructiqn of new or modified turning lanes on Immokalee Road, design
and construction of improvements to the Immokalee Road/Airport-Pulling
Road/Piper Boulevard intersections including relocation of County owned
utilities, signalization, street lighting and signing and pavement
markings.
Section 2.
Pursuant to
hereinabove,
the C~nezal Scope of the Basic
the CONSULTANT shall perform
and Special Se~
all sez'vices~
SCHEDULE'A'
HMA. 97.09
June 2.1997
cessary to complete t~e following tasks and provide the following items
ich are enumerated to correspond to the tasks and items set forth in
SCHEDULE "B" (Attachment "A").
1.00 Public Involvement Program
2.00 Surveying Se=vices
3.00 Geotechnical Services
4.00 Environmental Inventory
5.00 Traffic Design Analysis
6.00 Roadway and [,ridge Plans
7.00 Utility Relocation Plans
8.00 Right-of-Way Plans (not used)
9.00 Signalization and Street Lighting Plans
10.00 Signing and Pavement Marking Plans
ll.000perational and Environmental Permits
12.00 Final Bidding and Contract Documents
13.00 Additional Services
14.00 Advisory Services During Bidding
15.00 Construction Engineering and Inspection (CEI) Services
The .CONSULTANT shall undertake a Public Involvement program which shall
include the following:
Task 1.01
Assist the COUNTY in developing and maintaining a mailing
list of elected and appointed officials in the local area,
community members in the project area, permit and review
agencies, property owners, and other interested parties.
Task 1.02
The CONSULTANT shall:
a) Prepare exhibits, attend and participate in a
preliminary Public Informati~n Meeting conducted by the
COUNTY and CONSULTANT at or before the 30% submittal.
b) Prepare presentation boards with alignment depicted
thereon for use as visual aids during the meeting.
c) Prepare written narrative suitable for
preliminary and final Public Information
24
SCHEDULE 'A'
HMA. 97.09
June 2.1997
for general information. The narrative shall address
the following topics at a minimum.
i) Description of the Proposed Project.
ii) Traffic circulation and patterns.
iii) Pedestrian traffic.
iv) Emergency vehicle access.
v) Public safety.
Task 1.03
Evaluate and consider identified concerns or challenges to
the project alignment or concept as a result of the Public
Information Meeting and revise the above exhibits
accordingly as approved by the COUNTY. Assemble the Task
1.02 work product into a booklet. Participate in a Board
of County Commissioners Meeting to accept study and
findings.
Task 1.04
Attend a final Public Information Meeting conducted by the
COUNTY and CONSULTANT at the
submittal stage. Prepare agenda
depicting the final design of
project information, evaluate
public concerns or suggestions
approved by the COUNTY.
completion of the
and presentation boards
the project. Provide
and consider identified
and revise plans, as
The CONSULTANT shall perform land surveying services for the engineering
design of the subject project under the direction of a professional land
surveyor and mapper registered in the State of Florida with said surveying
services meeting the minimum technical standards for land surveying in the
State of Florida pursuant to Chapter 61G17-6, Florida Administrative Code.
Said surveying services may utilize electronic data collection
with field data being recorded electronically.
include the establishment of a survey baseline
points tied to existing right-o[-way or section
equipment
Survey se~~
lines; est~
SCHEDULE 'A'
HMA. 97.09
June 2.1997
ire benchmarks at linear intervals no greater than 1000.00 feet referenced
the National Geodetic Vertical Datum (N.G.V.D.) of 1929; the location of
above ground visible improvements and surface indicators of underground
utilities existing within the defined project limits and roadway and canal
cross sections.
The limits of the project are defined as follows:
.The general east/west project limits, based on centerline stationing of
Immokalee Road as previously established by plans prepared by Hole, Montes
& Associates, Inc. entitled "Plans For Improvements to C.R.846 Immokalee
Road, Collier County Project No. 66042", dated July 13, 1992 are from
Station 122+00 to Station 145+00 from the southerly r/w line of Immokalee
Road to the northerly r/w line of Piper Boulevard.
The north/south project limits, based on centerline stationing along
Airport-Pulling Road as previous established by plans prepared by Hole,
Montes & Associates, Inc. entitled "Plans For Improvements to C.R.846
Immokalee Road, Collier County Project No. 66042", dated July 13, 1992 are
from Station 18+00 to Station 32+00 from easterly r/w of the Airport Road
to the westerly r/w line of Airport Road.
The CONSULTANT shall furnish soils investigation and analysis necessary for
the design and preparation of construction plans for this project. A
report shall be prepared with recommendations, and pertinent soils data,
including the water table level encountered during the advancement of
borings, and shall be submitted to the COUNTY for its record.
Task 3-01 ~ '
a)
Two Standard Penetration Test borings to a depth of
80 feet will be obtained within the alignment of the
bridge.
b)
etc.
Laboratory testing, sufficient to enable a
Geotechnical Engineer registered in the State of
Florida, to analyze subsurface soil conditions and
make design recommendations,-shall be performed. Such
tests may include, but shall not be limited to, r~
size analysis, Atterberg limits,
26
Task 3.02
SCHEDULE 'A'
HMA. 97.09
June 2, 1997
Prepare a report summarizing the findings and provide
recommendations for the bridge foundation design,
retaining wall foundation design and roadway pavement
design (soil support value).
The CONSULTANT shall furnish a report summarizing the impact of the project
on Hydrology, Vegetation, Wildlife, Soils, and Wetlands. The report shall
contain the following:
Task 4.01
Task 4.02
a) A diagram depicting the hydrology of the area.
b) A description of the potential impact to ground and
surface water resulting from the project.
a)
A listing of vegetation found within the project
limits.
Task 4.03
b) An aerial map of the vegetation associations.
a)
An inventory of wildlife found within the project
limits.
Task 4,04 Fu~
Task 4.05
a)
An aerial map or drawing of the soils within the
project limits identified by Soil Series and Field
Mapping Unit Name established by the United States
Department of Agriculture"s Soil Conservation
Service.
2?
a)
SCHEDULE'A'
HMA. 97.09
June 2,1997
An aerial map or drawing of wetland areas within and
adjacent to the project limits. Jurisdictional
limits of permitting agencies such as, but not
necessarily limited to, the Florida Department of
Environmental Protection, the South Florida Water
Management District and United States Army Corp. of
Engineers shall be shown.
b)
A description of the impact on wetlands by the
project and mitigation requirements to offset
.adverse impacts.
The CONSULTANT shall obtain and develop the traffic data needed to design
the project for year 2020 from data available from the COUNTY [existing
lane volumes - most current Annual Average Daily Traffic (AADT)], proposed
Zoning and Land Development Orders on file with the COUNTY and from the
Collier County Metropolitan Planning Organization) augmented by a review of
the Land Use and Zoning information along the Corridor within the traffic
[mits which data is known or developed during the performance of this Task
traffic information from ADA/DRI's filed along the Corridor, and
supplemented by hourly machine counts over a 24-hour period and/or 8-hour
manual counts at intersections as required.
Task 5.01
Existing current traffic count data, including turning
movement measurements, will be assembled, as available,
and supplemented to the extent necessary by new machine
counts and turning movement counts.
Task 5.02
The Naples Area Transportation model will be utilized,
along with the latest growth projections ~y TAZ, to
project future road system loadings in the vicinity of
this project. Design hour volumes will be developed for
the intersections to be designed, reflecting a.m. and
p.m. peak conditions and considerations for 6 through
~ .-..~
/ JUN2~ 1997
28 / ~' "~
Task 5.03
SCHEDULE 'A'
HMA. 97.09
June 2. 1997
Capacity and system analyses will be performed to
identify the geometric and signal system design criteria
for optimum operations during the life of the project,
based on a design year of 2020.
· ' Task 5.04 ~
A report on the traffic design analyses will be prepared
and submitted.
The CONSULTANT shall furnish design services necessary to perform project
design and prepare roadway and bridge construction plans and specifications
in accordance with the highway design and plans preparation standards in
effect on the date of this Agreement. The basic standards, criteria and
guidelines are set
forth in the Florida Department of Transportation Roadway Plans Preparation
Manual, Drainage Manual and other design guidelines. Plans shall be
accurate, legible and complete in design.
A bridge development report (BDR) shall be prepared which shall analyze and
make recommendations for a bridge typical section, bridge hydraulics,
bridge foundation type, bridge corrosion environment and bridge type. The
recommendations in the BDR shall be a result of clear, concise, and logical
conclusions based on equitable treatment of alternatives, documented by
calculations and drawings. The BDR will be submitted prior to the 30%
submittal.
Roadway plans shall be prepared to include: Plotting of survey data;
establishment of profile grades; preparation of key map, an aerial photo
based drainage map, bridge hydraulics sheet, plan-profile sheets (including
geometric calculations), typical section sheets, summary of quantities
(including computation booklet), retaining wall plans, maintenance of
traffic plans, cross-section sheets (including earth~Drk computations) and
other detail sheets necessary to convey khe intent of the design for the
Scope of Services outlined herein.
29
SCHEDULE 'A'
HMA. 97.09
June 2.1997
oThe CONSULTANT shall submit design notes and computations to document the
design conclusions reached during the development of the final
construction plans.
The design notes and computations shall be recorded in 8-1/2,, X 11',
computation sheets, fully titled, numbered, dated, sealed , and signed by
the Professional Engineer in responsible charge . Computer output forms
and other oversized sheets shall be folded or otherwise reduced to 8-1/2,,
.' X 11" size. The data shall be bound for submittal to the COUNTY.
One copy of the appropriate design notes and computations shall be
submitted to the COUNTY at each plan review stage. When the plans are
submitted for final review, the design notes and computations, corrected
for any COUNTY comments, shall be resubmitted. At the project completion,
a final set of the design notes and computations shall be submitted with
the record set of plans and tracings.
The design notes and calculations shall include, but are not limited to,
the following data:
Design criteria used for this project.
2. Bridge Development Report.
3. · Geometric design calculations for horizontal alignment that is not
included in the quantity computation bcoklet.
4. Vertical geometry calculations.
Drainage computations.
Earthwork calculations not included in the quantity computation
booklet.
Documentation of decisions reached resulting from meetings, telephone
conversations or site visits. '
Calculations of quantities for all items set forth in the Bid Form.
Each drawing of each submittal shall be signed by the appropriate
Professional Engineer for the
type of work depicted on ~ A~.~wtngs. !
,0 /
appropriate
Department
Chapter 30.
SCHEDULE 'A'
design professional in accordance
of Transportation,s Roadway Plan
HMA. 97.09
June 2,1997
with the Florida
Preparation Manual,
Each submittal called for herein shall be delivered with
a transmittal letter signed by the CONSULTANT,s Project Manager
stating that the submittal package is complete. In the interests of
maintaining a design schedule which will result in a bid advertisement
for construction of the project being issued on or before October 3,
1997, the CONSULTANT may proceed with efforts for the next submittal
during the County's review period.
The CONSULTANT shall conduct project plan reviews with the COUNTY, as
a minimum, at the Grades and Geometrics (30%), and Basic/Detail Plan
(90%) stages. Each review shall be a verbal presentation supplemented
with appropriate plans, displays or other visual aids. Plan
development at the respective submittal stages shall conform to the
following:
Task 6.01 Grade~ and Geom~tr~c.~
The CONSULTANT shall submit to the COUNTY four (4) sets of
blueline prints for roadway and bridge review purposes. The
plans shall depict existing topographical features, existing
right-of-way and existing or proposed easement lines and
shall contain the following:
a) Plan and Profile Sheets (!,, . 20').
b) Existing project cross-section sheets.
c)
d)
Drainage maps depicting existing
existing drainage structures, and
patterns (1" - 400').
Proposed typical section or sections.
drainage areas,
existing flow
e)
Proposed preliminary road, bridge and intersection
geometry.
f)
g)
Proposed preliminary vertical alignment.
Proposed preliminary median openings and a
driveway/access problems.
SCHEDULE 'A'
HMA. 97.09
June 2, 1997
h)
Plan showing type, size, typical section, elevation and
location of proposed bridge/culvert structure.
The CONSULTANT shall submit an ORDER OF MAGNITUDE opinion of
probable cost of constructing the project.
Task 6.02 ~ax~~D~~~
The CONSULTANT shall submit four (4) sets of blueline prints
to the COUNTY for road and bridge review. The plans shall
be complete construction plans, including a plan for
maintenance of traffic, construction phasing and utility
designs and adjustments with the exception that the quantity
computation booklet and summary of quantities of all items
required for the construction of project and made a part of
the final contract documents (Task 12.00) will not be
included. Reports and calculations required to document
design decisions reached during the development of plans
shall be submitted along with the plans.
The submittal shall include all drainage calculations, storm
water attenuation/detention requirements, storm sewer
tabulation sheets, and a BUDGET ESTIMATE of the cost of
constructing the project. All potential or documented
utility conflicts shall be identified and the CONSULTANT
shall notify affected utilities in accordance with Task
7.00, Utility Relocation Plans.
The bid documents shall be reviewed by the COUNTY for
compliance with the COUNTY's procurement policies and
practices, insurance requirements and other regulations or
requirements.
The subm/ttal shall reflect development of:
a. Storm Drainage System.
b. Drainage Structures and Drainage Outfalls.
c. Roadway Plan and Profile.
d. Roadway Cross Sections.
SCHEDULE 'A'
HMA. 97.09
June 2, 1997
e. Retaining Wall Plans.
f. Utility Relocation Plans (pcwer, telephone, ATV).
g. County Utility Relocation Plans (water, sewer,
reuse).
h. Signalization and Street Lighting Plans.
i. Signing and Pavement Marking Plans
j. Bridge Foundation Plans.
k. Bridge Substructure.
1. Bridge Superstructure.
m. Bridge Approach Slabs.
n. Maintenance of Traffic Plan.
o. Construction Phasing Plan.
o. Contract Documents.
q. Reports and calculations required to document design
decisions reached during development of plans.
r. Applications for all Environmental and Oi:erational
Permits required by various permit agencies complete
with required sketches, drawings and descriptions.
Permit Applications are to be submitted at the
approximate 60% stage of completion.
TA.~W '7.(30 - []'T'TT,TTY R~.T,C~ATTON PTJ~g
The requirements of the various utility owners shall be recognized during
design and will be coordinated by the CONSULTANT. The'CONSULTANT shall
provide to the COUNTY such.representation and technical assistance as may
be necessary for coordination and/or negotiation with utility owners or ~
other public agencies affected by the project. Utility adJ~~
SCHEDULE 'A'
HMA. 97.09
June 2.1997
=~ility locations and proposed utility locations when adjustment is
ired. The required utility adjustments will be designed by each
u~tility owner or separate owner prepared plans and utility relocation
information will be provided by the affected utilities (power, electrical,
telephone, cablevision, etc.) on prints of roadway and bridge plans
provided to the utility by the CONSULTANT concurrent with the basic and
detail and final plan submittals. The CONSULTANT shall design utility
relocations for COUNTY owned water, sewer and reuse facilities. The
contract schedule (Exhibit "C") is based upon receipt of the relocation
design from the private utilities within 30 calendar days (or a time span
negotiated) from submission of the roadway and bridge Basic and Detail and
Final Plans to the utilities for their use in showing their proposed
adjustments. Copies of all correspondence to or from all utilities shall
be supplied by the CONSULTANT to the COUNTY. Work under this task shall
include the following:
Task 7.01
Upon completion of the Grades and Geometrics (30%) plans,
the CONSULTANT will transmit two sets to the utility
companies requesting their submittal of a marked-up plan of
their existing facilities, either by as-builts or field
location, along with their comments and proposed relocations
relative to the proposed project.
Task 7.02 ' '
The CONSULTANT shall, by certified, return receipt requested
mail, send Basic and Detail and Final Roadway Plans to each
utility for their review requesting them to return plans
showing additions or corrections to existing facilities and
their proposed relocations where, adjustments are necessary.
Task 7.03
Upon receipt of plans reviewed and signed off by the
utilities within 30 calendar days (or a project-specific
time frame agreed upon by the County and the CONSULTANT)
after written' request is made, any additions and/or
corrections will be made to the roadway and bridge plans.
Utility adjustments provided by the utilities will be shown
in the CONSULTANT's Detail and Final Plans
...... ~ ~ I IIIIII
SCHEDULE 'A'
HMA. 97.09
June 2.1997
If no response is received by the CONSULTANT in an agreed
upon time limit after submission to the utilities, the
CONSULTANT shall so notify the COUNTY. The COUNTY shall
then, by certified, return receipt requested mail notify
said utilities that the future costs of relocation, delays
or redesign necessitated by their failure to respond shall
be borne solely by them. Copies of such letters shall be
given to the CONSULTANT.
The 90% and 100% plans will show the existing and proposed
location of the utilities which is provided to the
CONSULTANT by the utility company.
Task 7.04 County
The CONSULTANT shall provide engineering and permitting
services for the design of the relocations of COUNTY owned
facilities (water, sewer and reuse lines) which are
necessitated by the proposed roadway and bridge and
appurtenant facilities. Upon identification of potential
conflicts with COUNTY owned utilities and prior to the 90%
submittal, the CONSULTANT shall engage the services of a
firm specializing in locating underground utilities by the
use of non-destructive methods to locate the conflicting
utilities in three dimensions. A maximum of 20 utility
conflict locations will be field investigated and the
vertical and horizontal location of the utility determined
at each location. Based on this information, miror
adjustments in the roadway/bridge plan will be made or the
CONSULTANT will provide a design to adjust the location of
the utility line to eliminate the conflict.
TA~ R.00 - RTG~T-OF-WAY PY~Ggg
NOT USED
A signal plan for the intersection of Airport Road and In~nokalee R~ad will
be prepared to reflect the addition of a northerly leg to the ~ntersection.
This signal modification will be based on the existing signal system or
replacement thereof, with record drawings of the existing san(~N~-T~/~--T~
be provided by the County, if available. A signal pl
SCHEDULE 'A'
HUA. gT.0g
June 2,1gg7
intersection of Airport Road and Piper Boulevard may be prepared as an
titional Service, subject to written authorization and approval by the
COUNTY. (See Task 13.02). The signal plan will be prepared to meet COUNTY
requirements. The plans will include quantities and details as
appropriate.
Highway and Structure lighting plans for the bridge and two intersections
will be prepared, including quantities and details to meet County
.requirements.
Task 9.01
The CONSULTANT shall submit to the COUNTY four (4) sets of
blueline prints of the preliminary plans for review.
Plans will include:
a)
Plan sheet showing poles, signal heads, controllers,
loop locations, luminaries and appurtenances.
b)
Copies of intersection design volumes, recommended
signal phasing, timing, illumination intensity and
capacity analysis.
c) Signalization and street lighting plans.
These plans will be initially submitted with the Basic and
Detail Plans (90%) under Task 6.02.
The CONSULTANT shall furnish design services a~d prepare construction plans
for traffic signs and pavement markings for the entire project. Final
plans shal~ be submitted with the final roadway and bridge plans and
prepared in accordance with the Florida Department of Transportation
Roadway and Traffic Design Standards and COUNTY standards.
CONSULTANT aha11 prepare operational and environmental permit
ications, data and drawings required for submittal by the COUNTY to
local, state and federal agencies having permit jurisdiction ir,~!~,d3~ h,,~
!
/ o~ t
SCHEDULE'A'
HMA. 97.09
June 2.1997
Environmental Protection, Florida Department of Health and Rehabilitative
Services, the United States Environmental Protection Agency, the South
Florida Water Management District and the Big Cypress Basin Board.
Drainage design shall include stormwater treatment and attenuation required
to comply with rules of the Florida Department of Environmental Protection
and the South Florida Water Management District. The prerequisite
stormwater permit applications shall be prepared in accordance with the
~pplicable provisions of Chapter 17-25, RE~TION OF STORMWATER DISCHARGE,
FLORiDA ADMINISTRATIVE CODE, and the applicable provisions of Chapters 40E-
4 and 40E-40 of the South Florida Water Management District.
The CO~.~TY shall review the permit applications and shall have a
representative at all conferences and meetings between the CONSULTANT and
the permitting agency and shall be copied on all correspondence between the
CONSULTANT and the permitting agencies.
The Coordination and permitting process shall be as follows:
Task 11.01
Permitting agencies shall be notified of the proposed
project prior to submittal of Grades and Gecmetrics
(30%) design. A meeting will be held wick
representatives of each agency to review the proposed
project to obtain their comments and areas of concern
which shall be included in the Grades and Geometrics
plans review with the COUNTY.
Task 11.02
Permit application forms including required design
information and data shall be completed by the
CONSULTANT thirty (30) calendar days after the 30%
submittal, and submitted to t~e COUNTY for its approval
and appropriate signature. The CONSULTANT shall then
submit the Permit Application to the appropriate
agencies after COUNTY approval. All permit application
and review fees will be paid directly to the permitting
CONSULTANT shall advise the
agency by the COUNTY. The ~hel
COUNTY well in advance of the applicati~n~.
|
SCHEDULE'A'
amount of the permit fee
.submission.
so as not
HMA. 97.09
June 2,1997
to delay the
Task 11.03
The CONSULTANT shall respond to agency review comments,
revise applications and Basic Plans, and submit
additional material required to support the proposed
design if required, and coordinate with the COUNTY and
permitting agencies to obtain approval of the permits.
Such response shall be made within thirty (30) calendar
days subsequent to the agency requests. Requirements
of permitting agencies shall be incorporated into final
contract documents including storm water treatment and
attenuation as may be required.
TAg~ ]2.00 - FINAl, BIDDING AND CONTRACT DOCITMFTgTS
Once the 90% roadway and bridge plans and signalization, street lighting
and signing and pavement marking plans or other plans have been approved by
COUNTY, two final sets of draft bidding plans and contract documents
be prepared and submitted to the COUNTY for final review. Upon final
approval by the COUNTY, 100% bidding plans and contract documents will be
prepared. The 100% bidding plans and contract documents shall be completed
no later than October 3, 1997. This task will include the following:
Task 12.01
Final roadway and bridge plans, a quantity computation
booklet and summary of quantities, and an OPINION OF
PROBABLE CONSTRUCTION COST.
Task 12.02
Task 12.03
Final signalization, lighting, signing and marking
plans, or other plans, su~nmary of quantities and an
OPINION OF PROBABLE CONSTRUCTION COST.
Special provisions and other appropriate contract
documents for incorporating Florida Department of
Transportation specifications, U.S. Ax,,,y Corps. Of
Engineers, Department of Environmental Protection and
South Florida Water Management District and other
permitting agency requirements in the bid documents.
Task 12.04
100% complete bidding plans and contract document~
ready for b£d including all forms, genera] c~~ I
38
JU. 2 ~
Task 12.05
SCHEDULE 'A' ·
all approved permits and other material required and
provided by the County.
HMA. 97.09
June 2, 1997
Provide COUNTY with one complete reproducible set of
bidding plans (mylar) and contract documents (camera
ready), two sets of signed and sealed plans (prints)
and computer floppy disks of each CAD generated plan
sheet in Autocad, Release 12. If a construction
contract is let, COUNTY will print and issue bidding
documents.
The COUNTY and the CONSULTANT have identified the following additional
services which may be required as part of the design phase of this proJec:.
The CONSULTANT shall not proceed with an Additional Service without written
notice from the COUNTY.
If other Additional Services not listed herein are required as determined
by the COUNTY and/or the CONSULTANT, a separate scope and fee for each
Additional Service shall be negotiated.
Task 13.01 - '
The CONSULTANT shall design the realignment of Airport-
Pulling Road, south of the identified project limits,
and incorporate the design in the Roadway Plans, if
necessary, in order to provide the proper aligr~ment cf
the proposed Airport-Pulling Road Bridge with tke
existing 4-lane or ultimate 6-lanes of Airport-Pulling
Road.
Task 13.02 - ' ' .
The CONSULTANT shall design a traffic signal plan for
the intersection of Airport-Pulling Road and Piper
Boulevard if it is determined by the COUNTY and the
CONSULTANT that a signalized intersection at this
location is necessary for' traffic operations and
safety. This signal design, if authorized by the
COUNTY, may not be part of the
const ruc~vn,~u[~nc~
j Jr. 2
I
SCHEDULE'A'
HMA. 97.09
June 2. 1997
for this project, but may be construCted at a later
date.
Task 13.03 - Con~t~lcta~]{t? ~view
The CONSULTANT shall engage the services of
representatives from one bridge contractor and one
roadway contractor for the purposes of providing3 a
constructability review of the contract documents. The
contractors' representatives shall have documented
experience in bridge and roadway construc~i~n in
southwest Florida. The constructability r~view shall
include review of plans and specifications,
identification of construction related issues, ~eetin=js
with the COUNTY and CONSULTANT, a~d x~ti~ns
which address the mitigation of identified construc=ion
related issues.
After approval of construction plans and bidding documents by the COb7T~Y,
the CONSULTANT shall perform the following services:
Task 14.01
Attend and participate with the COUNTY in scheduling
and presenting a Pre-Bid Conference.
Task 14.02
Respond to Bidders' inquiries through the COUNTY and
prepare addenda for issuance by the COUNTY.
Task %4.03
Evaluate the bids received by the COUNTY and provide
written recommendations to the COUNTY for award of a
construction contract.
Task 14.04
Provide the COUNTY with a Unit 'Price Bid Tabulation for
all responsive and responsible bidders.
2 1997
SCHEDULE 'A'
HMA. 97.09
June 2, 1997
SC~-~:'~J~b FEE MAY; BE NE~0T~.'TE'D' BY TH[ COUNTY 'AND THE C~$ULTANT AT THE
COM'.P.~L. EiqON OF THE DESIGN PHASE PRIOR TO COMMENCEMENT ~)~ CON§TRUC~ON.
CONSULTANT SHALL PREPARE THE SCOPE OF SF_RWCES FOR THIS TASK,; IF IT IS THE
CQ.U...N~"....S INTENT TO HAVE THE CONS.UL!...A..NT.. PERFORM CONSTRUCTION PHASE
.'ENGIN__E..E_R. iN. G S ERV. IC.E.S.
41
SCHEDULE B
BASIS ~F COMPENSATION
B.1.1.
As consideration for providing Basic Services as set forth herein in task numbers
6,7B, 9, 10, and 12 of Schedule A and Schedule B, OWNER agrees to pay, and
CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A to this
Schedule B.
B.1.2.
Payment for lump sum Basic Services under task numbers 6, 7B, 9, 10 and 12 shall be
issued by OWNER on the basis of percentage of individual task completion, utilizing
CONSULTANT'S submission of monthly progress payment estimates/invoices with such
documentation accounting for personnel types, man-hour expenses, and hourly pay
rates for each respective task upon which services are provided. If required and so
requested by OWNER, CONSULTANT shall provide support information in the form of
products, deliverables, plans, designs, computations, correspondence and the like,
to evidence that services have been provided to OWNER for which payment is being
requested on a monthly basis. OWNER reserves the right to withhold compensatien cn
portions of payments for services or designs not in accordance with the intent and
terms and conditions of this Agreement.
B.1.3.
As consideration for providing Special Services as set forth herein in task
numbers 1, 2, 3, 4, 5, 7A, 7C, and 11 of Schedule A and Schedule B, OWNER agrees
to pay, and CONSULTANT agrees to accept, the lump sum and cost not-to-exceed fees
as shown on Attachment A to this Schedule B. Payment for the foregoing Special
Services shall be issued by OWNER in accord with the provisions contained in
Article B.1.2. for Basic Services, with 6he exception that cost not-to-exceed
I Ju 2 lS97
tasks and fees thereto shall be paid by OWNER on the basis of actual hours
for various personnel and costs incurred by CONSULTANT as so reviewed an4
expended
approved b~ OWNER.
B.1.4
B.I.S
B.1.6
OWNER shall compensate CONSULTA~ for accepted and approved services under this
Agreement on the basis of an eight (8) hour work day and a forty (40) hour work
week. Time and one half payments for overtime hours are not permissible.
Additional Services as outlined in Attachment C, Schedule B, shall not con~ence by
CONSULTANT until OWNER'S Project Manager issues a written authorization.
Additional Services may or may no= be authorized by OWNER. Payment for authorized
Additional Services as so accepted and approved by OWNER shall be issued in accord
with the payment provisions contained heretofore for Basic Services and Special
Services.
Reimbursable costs shall mean the actual expenditures made by the CONSULTANT whll4
providing Basic Services, Special Services, or Additional Services, in the
interest of the Project. Reimbursable costs may include=
(a) expenses for transportation and subsistence incidental to out-of-County
(c)
travel required by CONSULTANT and directed by OWNER, other than visits Co
the Project Site to permitting agencies or OWNER's office;
expenses for preparation, reproduction, ~hotographic production techniques,
postage and handling of drawings, specifications, bidding documents and
similar Project-related items;
when authorized in advance by OWNER, except as specifically otherwise
provided herein, the expense of overtime work requiring higher than regular
· rates; and
(d) expenses for renderings, ~dels and mock-ups requested by OWNER.
By way of example and not limitation, reie~ursable costs shall specigically not
include e×penditures, (except as otherwise authorized by O~R) such as:
(a) expenses for local transportation and local subsistences
(b) overhead, including field office facilities~
(c) overtime not authorized by O~ER~ or
(d) expenses for copies, reproductions, l>OStage, handling, express deliver]f, and
long distance co~nications.
B.1.7
B.1.8
Payments will be ~ade for services rendered and approved no ~ore than on a monthly
basis, within thirty (30) days of submittal of an approvable invoice. The number of
the purchase order by which authority the services have been made, shall appear on
all invoices. All invoices shall be reasonably substantiated, shall identify the
services rendered and must be submitted in triplicate in a form and manner required
by O~R. CONSULT~d~T shall meet with ObeYER'S staff prior to the first invoice to
discuss invoicing procedures, formats, etc.
CONSULTANT acknowledges that Attachment A - (Schedule of Fees for Basic and Special
Services), Attachment B - (Consultant's Employee Hourly Rate Schedule), and
Attachment C - (Consultant's Estimate of Additional Services), each attached to this
Schedule B are incorporated herein and, will be the basis for OWNER'S budgeting,
authorizing and monitoring of expenditures under this Agreement.
END OF SCHEDULE B
44
JuN 2 1S97
SCHEDULE B
ATTACHMENT A
SCHF. DULE OF FEES FOR BASIC AND SPECIAL SERVICES
6/02/97
TASK
NO.
1
2
3
4
5
6
7
8
g
10
11
12
TASK DESCRIPTION
Public Involvement Program
Surveying Services
Geotechnical Services
E.'~vironmental invento~J
Traffic Design Analysis
Roadway and Bridge Plans
Utility Relocation Plans
A. Power, Telephone & CATV
B. County Water, Sewer & Reuse
C. Level 'A' Utility Location (County Facilities)
Right-of-Way Plans (Not Used)
Signalization & Street Lighting Plans
Signing & Pavement Marking Plans
Operational & Environmental Permits
Final Bidding & Contract Documents
TOTAL TASK FEE AMOUNT
TASK FEE
AMOUNT
$ 8,989.00
10,480.00
4,374.00
2,872.00
25,279.00
88,672.00
METHOD OF TYPE OF
COMPENSATION SERVICE
(1) (2)
N.T.E. S
L.S. S
L.S. S
L.S. S
L.S. S
L.S. B
2,376.00 L.S. S
5,420.00 L.S. B
5,982.00 N.T.E. S
-O- - S
16,611.00 LS. B
8,316.00 L.S. B
5,998.00 N.T.E. S
13,079.00 LS. B
$198,448.00
(1) METHOD OF COMPENSATION
L.S. - Lump Sum
N.T.E. - Not to Exceed (Time + Reimbursable Cost)
(2)
TYPE OF SE .RVICE
B Basic Services
S . Special Services
45
6/02/'97
SCHEDULE 'B'
ATTACHMENT 'B'
HOLE, MONTES & ASSOCIATES, INC.
Consultant's Employee Hourly Rate Schedule
ENGINEER V (Principal)
ENGINEER V
ENGINEER IV
ENGINEER I!1
ENGINEER II
ENGINEER I
ENGINEER TECH IV
ENGINEER TECH III
ENGINEER TECH II
ENGINEER TECH I
CONTRACTOR ADMINISTRATOR (Principal)
CONTRACTOR ADMINISTRATOR (P.E.)
CONTRACTOR ADMINISTRATOR
CONSTRUCTION FIELD REPRESENTATIVE ill
CONSTRUCTION FIELD REPRESENTATIVE II
CONSTRUCTION FIELD REPRESENTATIVE I
PLANNER IV
PLANNER III
PLANNER II
pLANNER I
SU RVEYO R V
SURVEYOR IV
SURVEYOR III
SURVEY TECH IV
SURVEY TECH Iil
SURVEY TECH II
SURVEY TECH I
2 MAN SURVEY CREW
3 MAN SURVEY CREW
TECHNICIAN III (CLERICAL)
TECHNICIAN II (CLERICAL)
TECHNICIAN I (CLERICAL)
SU BCONS~LTANTS/SUBCONTRACTORS
REIMBURSABLE EXPENSES
MILEAGE
CONCRETE MONUMENTS
PERMANENT REFERENCE MONUMENTS
(*)Not To Exceed County Rate/Cost Permissible
$125.00 per hour
$110.00 per hour
$ 93.00 per hour
$ 75.00 per hour
$ 65.00 per hour
$ 55.00 per hour
$ 60.00 per hour
$ 55.00 per hour
$ 50.00 per hour
$ 40.00 per hour
$ 95.00 per hour
$ 75.00 per hour
$ 55.00 per hour
$ 55.00 per hour
$ 45.00 per hour
$ 35.00 per hour
$ 95.00 per hour
$ 70.00 per hour
$ 60.00 per hour
$ 45.00 per hour
$ 85.00 per hour
$ 65.00 per hour
$ 55.00 per hour
$ 55.00 per hour
$ 50.00 per hour
$ 45.00 per hour
$ 40.00 per hour
$ 80.00 per hour
$ 95.00 per hour
$ 38.00 per hour
$ 30.00 per hour
$ 25.00 per hour
Cost + 10%
Cost + 10%
$ .30 per m~e(*)
$. 10.00 each
$ 10.00 each
6/02J97
SCHEDULE 'B'
ATTACHMENT 'B'
ARDAMAN & ASSOCIATES, INC.
Consultant's Employee Hourly Rate Schedule
~ataEvaluatio~n Anal sis Desl nlns ction FieldMonltorin e~)
SENIOR CONSULTANT
PRINCIPAL ENGINEER
SENIOR PROJECT ENGINEER
PROJECT ENGINEER
TECHNICAL SERVICES MANAGER/STAFF ENGINEER
SENIOR ENGINEERING TECHNICIAN
CONSTRUCTION MONITORING AND FIELD TESTING
SPECIAL INSPECTOR OF RECORD
TECHNICIAN/INSPECTOR IV
TECHNICIAN/INSPECTOR III
TECHNICIAN II
TECHNICIAN I
$140.00 per hour
$115.00 per hour
$ 96.00 per hour
$ 77.50 per hour
$ 66.00 per hour
$ 43.50 per hour
$ 86.00 per hour
$ 43.50 per hour
$ 37.00 per hour
$ 30.00 per hour
$ 26.50 per hour
LABORATORY TESTING (Visual Classification And Sample Handling and Special Laboratory
Tests - Leaching Studles~ Slurry Consolidation? etc.)
LABORATORY TECHNICIAN IV
LABORATORY TECHNICIAN III
LABORATORY TECHNICIAN Ii
LABORATORY TECHNICIAN I
$ 43.50 per hour
$ 37.00 per hour
$ 30.00 per hour
$ 26.50 per hour
SUPPORT PERSONNEL
CADD ENGINEERING TECHNICIAN
SENIOR TECHNICAL DRAFTSPERSON
TECHNICAL DRAFTSPERSON
TECHNICAL, SECRETARY
REIMBURSABLE EXPENSES
MILEAGE(Automobile)
MILEAGE(Truck)
(*)Not To Exceed County Rate/Cost Permissible
47
$ 50.00 per hour
$ 36.00 per hour
$ 32.50 per hour
$ 32.50 per hour
Cost + 10%
$ .35 per mile(*)
$ .45 per rra'le(*)
JUN 2 IS97
6/02/97
SCHEDULE 'B'
ATTACHMENT 'B'
JENKINS & CHARLAND INCORPORATED.
Consultant's Employee Hourly Rate Schedule
SENIOR PRINCIPAL - REGISTERED ENGINEER
PRINCIPAL - REGISTERED ENGINEER
SENIOR PROJECT MANAGER - REGISTERED ENGINEER
PROJECT MANAGER - PROJECT MANAGER
PROJECT ENGINEER - REGISTERED ENGINEER
PROJECT MANAGER/ASSOCIATE
ENGINEER, E.I.
SENIOR CADD DESIGNER
CAD DESIGNER
CERTIFIED BUILDING INSPECTOR
INSPECTOR
CLERICAL
$150.00 per hour
$120,00 per hour
$ 90.00 per hour
$ 80.00 per hour
$ 75.00 per hour
$ 75.00 per hour
$ 55.00 per hour
$ 50.00 per hour
$ 45.00 per hour
$ 50.00 per hour
$ 40.00 per hour
$ 35.00 per hour
MILEAGE
REIMBURSABLE EXPENSES
$ .35 per mile(*)
Cost + 10%
(*)Not To Exceed County Rate/Cost Permissible
48
6102/97
SCHEDULE 'B'
ATTACHMENT 'B'
KIMLEY-HORN AND ASSOCIATES, INC.
Consultant's Employee Hourly Rate Schedule
PRINCIPAL ENGINEER
PRINCIPAL PLANNER
ASSOCIATE PLANNER
DESIGNER/SENIOR TECH
SUPPORT STAFF
MILEAGE
REIMBURSABLE EXPENSES
$150.00 per hour
$ 90.00 per hour
$ 80.00 per hour
$ 65.00 per hour
$ 50.00 per hour
$ .30 per mile(*)
Cost + 10%
(*)Not To Exceed County Rate/Cost Permissible
49
SCHEDULE 'B'
ATTACHMENT 'B'
KEVIN L. ERWlN CONSULTING ECOLOGIST, INC.
Consultant's Employee Hourly Rate Schedule
PRINCIPAL ECOLOGIST
ECOLOGIST III
ECOLOGIST II
ECOLOGIST I
LANDSCAPE ARCHITECT III
LANDSCAPE ARCHITECT II
LANDSCAPE ARCHITECT I
CAD TECHNICIAN
TECHNICIAN III
TECHNICIAN I!
TECHNICIAN I
$100.00 per hour
$ 80.00 per hour
$ 65.00 per hour
$ 50.00 per hour
$ 70.00 per hour
$ 65.00 per hour
$ 50.00 per hour
$ 50.00 per hour
$ 50.00 per hour
$ 40.00 per hour
$ 25.00 per hour
MILEAGE
REIMBURSABLE EXPENSES
$ .45 per mile(*)
Cost + 10%
(*)Not To Exceed County Rate/Cost Permissible
W:~INI~?00~FEES..4.dcx:
6/02/97
SCHEDULE B
ATTACHMENT C
CONSULTANT'S ESTIMATE OF ADDmONAL SERVICES
TASK TASK DESCRIPTION
TASK FEE
AMOUNT
METHOD OF
COMPENSATION
13
ADDITIONAL SERVICES
A. Airport-Pulling Road (C.R.31)Nignment
B. Traffic Signal at Piper Boulevard
C. Constructability Review
5,440.00
7,573.00
6,646.00
N.T.E.
N.T.E
N.T.E.
14
15
Advisory Services During Bidding
CEI Services (To Be Determined)
TOTAL TASK FEE AMOUNT
6,316.00
$ 25,975.00
N.T.E.
To Be Determined
(1)
METHOD OF COMPENSATION
L.S. - Lump Sum
N.T.E. - Not to Exceed (Time + Reimbursable Cost)
51
®'~0
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage aha11 conform to the following
· minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents.
(2) The insurance required by this Agreement eh&ll be written for not less than the
limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of co~mencezent
of the work until the date of completion and acceptance of the Project by the Owner or as
specified in this Agreement, whichever is longer. ~
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with
the Owner within ten (10) calendar days after Notice of Award is received by
Contractor~Consultant~
Professional. Such certificates shall contain a provision that coverages afforded under thc
policies will not be canceled or allowed to expire until at least thirty (30) days prior
written notice has been given to the Owner.
53
JUN2 1997.
($) All insurance coveragea of the Contractor/Con-
sultant/Profesaional shall be primary to any insurance or self insurance program carried by
the Owner applicable to this Project.
(6) The acceptance by Owner of any Certificate of Insurance does not constitute
approval or agreement by the Owner that the insurance requirements have been satisfied cr
that the insurance policy shown on the Certificate of Insurance is in compliance with the
· ' requirements of this Agreement.
(7) Contractor/Consultant/Professional shall require each of its subcontractors to
procure and maintain, until the completion of the subcontractor's work, insurance of the
ty~es and to the limits specified in this Section unless such insurance requirements for the
subcontractor are expressly waived in writing by the Owner.
(8) Should at any time the Contractor/Consultant/Pro-
~ssional not maintain the insurance coverages required herein, the Owner may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverages and
charge the Contractor for such coverages purchased. The Owner shall be under no ohligattcn
to purchase such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used. The decision of the Owner to purchase such insurance
coverages shall in no way be construed to be a waiver of any of its rights under the
Contract Documents.
54
(9) If =he initial, or any subsequently issued Certificate of Insurance expires prior
to =he completion of tho Work or termination of =he Agreement, the Contractor/Consultant/
Professional shall furnish to the County, in triplicate, renewal or replacement ~
Certificate(s) of Insurance not la=er than thirty (30} calendar days prior to the date of
their expiration. F&llure of the Con=factor to provide the County with such renewal
certificaCe(s) sh&11 be considered Justification for the County to terminate the Agreemen=.
WORKERB~ COMPENSATION A1TD EI~PLOY~RB, LI~BILI~-~
Required by this Agreement? (check one) ~ Yes ___ No
{1} Workers, Compensation and Employers, Liability Insurance shall be maintained by
the Con=rac=or/Consul=ant/ Professional during the term of this Agreement for all employees
engaged in =he work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance sba1! no= be less =has=
a. Worker,s Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
__4 $100,000 Each Accident
$500,000 Dlseale AggregaCe
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,OO0,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrc~Jation against the Owner ant
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Acc coverage shall be maintained
where applic&ble Co the completion of the work. (check one)
__Applicable
__4___4Noc Applicable
(4) Maritime Coverage (Jones AcC) shall be maintained where applicable to the
comple~ton of the work. (check one)
__Applicable
Not Applicable
56
JUN 2 IS97
COMME~.CZAL GEI'~RAL Z, IA~ZZ, ZTY
Required by this Agreement? (check one) 4 Yes
No
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily
Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement,
Independent Contractors, Broad Form Property Damage including Completed Operations and
Products and Completed Operations Coverage. Products and Completed Operations coverage
shall be caintained for a period of not less than five (5) years following the completion
and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not
be less than the following: (check one)
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ SO,O00
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Dan~ge
$S00,000
$500,000
$500,000
$500,000
$ 50,000
57
JUN 2 ISS7
C~neral Aggregate
Products/Completed Operations Aggregate
Personal and ~-~ertlslng Injury
Each Occurrence
Fire Damage
$10000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording. 'This endorsement modifies
insurance provided under the following= Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you.'
(3) If the General Liability insurance required herein is issued or renewed on a
'claims made' basis, as opposed to =he 'occurrence' form, the retroactive date for coverage
,hall he no la=er than the commencement date of the Project and shall provide that in the
event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for
claims shall be no less than three (3) years.
(4) The Owner shall be named as an Additional Insured and the policy shall be endorsed
that such coverage shall be primary to any similar coverage carried by the Owner.
58
CS) Coverage shall be included for explosion,
claims.
collapse or underground property damage
(6) Watercraft Liability coverage shall be carried at the limits shown above if
applicable to the completion of the work under this Agreement. (check one)
__Applicable
Applicable
(7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each
occurrence if applicable to the completion of the work under this Agreement. (check one)
__Applicable
Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable. (check one)
__Applicable
Not Applicable
(2) The Owner shall purchase and maintain in a company or co~anies lawfully
)rized to do business in the State of Florida and in Collier County, property insurance
in the amount of the initial Contract Sum as well as subsequent modifications thereto for
the entire Work at the site on a replacement cost basis without voluntary deductibles. Such
property insurance shall be maintained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who are beneficiaries of such
.'insurance, until final payment has been ~ade or until no person or entity other than the
Owner has an insurable interest in the property required to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
Property insurance shall be on an all-risk policy form and shall insure against
the perils of fire and extended coverage and physical loss or damage including,
without duplication of coverage, theft, wind and hail, vandalism, malicious
mischief, collapse, falsework, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal requirements, and, at
the Owner's option, shall cover reasonable cc,.-rpensation for Professional's services
and expenses required as a result of such insared loss. At the Owner's option,
flood insurance will also be purchased.
6O
JUN 2
(4) The property insurance provided by the Owner rec~ires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the
Contractor for any deductible associated with the all-risk polic~ described above shall be
limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified
in E~chibit C of the Contract Documents. The responsibility of the Contractor for any
deductible associated with the flood insurance identified herein, if purchased by the Owner,
aha11 be limited to a ~mximum of $1,000 for each occurrence unless higher deductibles are
identified in Exhibit C of the Contract D~cuments.
($) This property insurance shall cover portions of the Work stored off the site
after written approval of the Owner at the value established in the approval, and also
portions of the Work in transit.
(6) ~oiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or b~
law, which shall specifically cover such insured objects during installation and
until final acceptance by the Owner. If purchased this insurance shall include
interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in ~he
Work.
{ JUt1 2~ 1S~7
(7} Waivers of Subrogation. The Owner and Contractor waive all rights against (1)
each other and any of their subcontractors, sub-subcontractors, agents and employees, each
of the other, and (2) the Professional, Professional's consultants0 for damages caused by
fire or other perils to the extent covered by property insurance obtained pursuant to this
or other property insuraDce applicable to the Work, except such rights as they have to
proceeds of such insurance held by the Owner as ffduciary. The polfcies shall provide
· waivers of subrogation by endorsement or otherwise.
(8) A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests
may appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for
the following maximum deductibles per occurrence per paragraph (3) above.'(check one)
__All Risk Policy - $10000 maximum deductible
All Risk Policy - Maximum deductible of $
----- Flood Policy
- $1,000 maximum deductible
Flood Policy
- Maximum deductible of $.
62
I JUN 2 zi 1S97
AUTOMOBILZ LIABIr. ITY IN~It~NC~
Required by this Agreement? (check one} ~ Yes
No
(1) Automobile Liability Insurance shall be maintained by =he
Contractor/Consultant/Professional for the ownership, maintenance or use of any owned,
non-owned or hired vehicle with limits of no= less =han~ (check one)
_/._4 Bodily Injury & Property Damage - $ $00,000
Bodily Injury & Property Damage - $1,000,000
The Owner shall be named as an Additional Insured under =he policy.
UMBRZLLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liabili=y insurance ol =he
Contrac=or/Consultant/Professional and, ti so, such policy shall be excess of the
Employers' Liability, Co~ercial General Liability and Automobile Liability
coverages required herein and shall include all coverages on a 'following form'
basis.
J U N 2 % 1~.~7
(2} The policy shall contain wording to the effect that,
~haustion of any underlying limit due to the payment of claims,
'drop down' to apply as primary insurance.
in the event of the
the Umbrella policy will
{3) The General Aggregate limit, if applicable, shall apply separately to this
pro~ect and the policy shall be so endorsed.
PROFESSIONAL ~ZX~,ZLZT~ ZNSUP,.MCC~
Required by this Agreement? (check one) ._/__4 Yes No
(1) Professional Liability Insurance shall be maintained by the
Consultant/Professional to insure its legal liability for claims arising out of the
performance of professional services under this Agreement. Such insurance shall have limits
)f not less than: (CHECK ONE)
$ 500,000 each claim and in the aggregate
4 $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
each claim and in the aggregate
(2) ~ny deductible applicable to any claim shall be the sole responsibility of the
¢onmultant/Profeasional and shall not be 9rester than $$0,000 each claim.
(3) The Consultant/Professional shall continue thim coverage for this Project for a
period of not ~ess than five (5) years following completion and acceptance of the Project b~
~heO~ner.
END OF SCHEDULE D.
SCHEDULE
TRUTH IH~EGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
Florida Statutes, Hole, Hontes and Associates, Inc. hereb7 certifies that w&ges, rates
other factual unit costs supporting the co~pensation for the civil engineering and related
services of the CONSU~'AHT to be provided under the Professional SerVices Agreement,
conce~nin9 the Airport Pulling Road bridge at Junction Imokalee Ro&d are accurate,
complete and current as of the time of contracting.
Consultant:
Hole, Montes, and Associates, Inc.
Robert L. Murra Sr. Vice President
Hole, Montes, and ssociates, Inc.
DATE:
JUN 2
CaR LO
HO ~ - 1
~~~r~P~~ IN FORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER T1.4E COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Tz'avoZe=. P=op G Ca.ualf:y/Aet~
COMPANY
· ~]:~.c~ Sf:af:al In,ur&nco Co.
COMPANY
COMPANY
O FCC3: MUf:U&I 3:naur&~cn Ccm~-ny
os~
~ Is..rO.~,'.~n: T~T T~E '%0. o, .qs~.c~ usTEo K,ow ~v~ ~m ~ssue: TO T.E .~s~r~ N~0 A~°v~ r~, ~ ~ouc~ ~,.,oo
· ClIqTFICATE MAY BE ISSUED OPt MAY P~RTAIN. THE INSUKANCE AFFOPtDED BY TrlE POtK~S DESCRIBED HEPtEIN IS SUBJECT TO ALL 1~4E TERMS.
.~USC~S ~D CO.DmO"S OF SUC~ ~uaEs. UMTS S.O~ MAY ~ BErn PtEDUC~ BY ~Am O~dS.
T~ M mSU~NC~
COMMERCt,M. MNEA,M. UAIKJTY
OWNF, A'S & COKT/tACTOR'S I~OT
Z$602351370497
CICZ14480810
~M:B867872902
ol/ol/~?
DATE IM~
Ol/Ol/~8
LIMITS
PROOUCTS- COldP~)~ AG~ [ 00!
pI~SONAL & AO~ inJURY J 00£
~--~ ~ ~. ~.,~ I S,001
Ol/01/~8
COMII~D W
K)C)~Y ~
IIOO~Y IN,JUMY
/mO~J~TY DAMAGE
At;TO OO~Y - LA
OTl4rR Tt4AN dd.rr00N~Y:
P.~O4 ~CCtOeqT
01/01/J8
,1,000,000
II
.2,00__~0. 000
~ 2._~_.2.2.2.2.2.~0 0 0,0 0 0
11003001
11003001
JLEX113988730
Ol/Ol/~7,
Ol/Ol/97:
Ol/Ol/S?!
Ol/Ol/.
0X/01/98~a. D6L, CU-/.Aem'tOYU
500,
500,000
S00,000
01/01/98
Par Cla~,,, 2,000,000
Agg~eg&f:e 2,000,000
BoLTd o£ CounL~
ComB/asian·rs for
(SZZBS~m)
3301 B. Tamt&ILL TraL1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
Insured Name:
Policy Number:.
Agency Name:
HOLE MONTES & ASSOCIATES INC
001-WC97A-11003
108, Smith-Lasher Insurance
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our ~ht against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under · written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE
CERTIFICATE HOLDER:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
3301 E TAMIAMI T~3
NAPLES FL 962
JOB SITE:
AIRPORT-PULLING RD
BRIDGE PROJECT
NAPLES FL
This endorsement changes the policy to which it is attached and is effective on the data issued unless ~herwise noted.
Issued b~.
Endorsement Numbec. O00000S
Effectt~m Date: 5/01/97
FCCI Hutu&l~ Insurance Company 24570
Date Issued: 5/15/97
WC O0 03 13
Copyttg~ 1983 Nationat Council on Gompens~Jofl Insurance
67-1
Jur 2 1997
APPROVE PARTIAL CONSTRUCTION BIDS FOR PATHWAY AND
LANDSCAPE iMPROVEMENTS ALONG VA.NDERBILT DRIVE BETWEEN
VANDERBILT BEACH ROAD AND 111~ AVENUE.
~ Board approval to proceed with funded portions of pathway and
landscape construction for Vandffoilt Drive.
~ On January 7, 1997 [Agenda Itern No. 16 (B) 10], the Board
authorized pathway and landscape improvements for Vanderbilt Drive, with funding
approvals as follows:
1. Pathway
2. Asphaltic Resurfacing
3. Drainage/Earthwork
4. Landscape and Irrigation Improvements
($48,451.00)
(535.200.00)
($68,000.00)
($177,250.00)
Sub-Total = $331,901.00
5. Project contingency/reserve = $33,190.10
Total =
(*includes $110,000 plant donation value)
On June 13, 1997, five (5) construction firms submitted bid quotes for pathway and
landscape improvements (exclusive of asphaltic resurfacing which is planned under
existing annual contracts). All bids received exceed the current budget for both the
pathway and landscape components. In consideration that existing site conditions on the
west side of Vanderbilt Drive are disruptive, time is of the essence in commencing with
designated permanent improvements. Additionally, the scheduled construction
completion of late August 1997 (to coincide with school opening) may be impacted due
to bids exceeding budgeted amounts. In order to maintain commitments to the benefiting
communities in a timely manner, staff recommends immediate contracting with Better
Roads, Inc. as the low bidder for pathway improvements ($215,683.00), and with
Smallwood Landscaping, Inc. for partial irrigation work (not to exceed $30,000.00 of the
low bid of $288,017.00 for combined landscape and irrigation work scope).
· The combined iow bids by Better Roads, lac. ($215,683.00) and
wood Landscaping, Inc. ($288,017.00) total the amount of $503,700.00. Cost
~ ...... ~- ..... ,^,~ ,,~ reduce the bid proposal amounts. The
negotiations shall ensue w~m oot.n ,..~-,:.~*,-,,~'-~, ~ ~o~ ~ ...a e'en 000 O0 shall bo
~X,,~ ~i~n~e~t~;~t~al contract aumonzauons o,:~,,.oo~.,.~, ,,..,.-,-,-,. ·
Executive Summary
Page 2
supported by available funds (approved by the Board on January 7, 1997) under Fund
313, gasoline tax, in the amount of $226,343.00 and under Fund 414, wastewater capital
projects, in the amount of $19,340.00 (Vanderbilt Drive Pathway and Landscape
Improvements).
~ Not applicable.
~ That the Board of County Commissioners: (1) Authorize
purchase order contracts with Belier Roads, Inc. and Smallwood Landscaping, Inc. for
pathway work and partial irrigation work not to exceed the amounts of $215,683.00 and
$30,000.00, respectively; (2) Direct staff to conduct negotiations with the foregoing two
low bidders for work scope and cost reductions as deemed appropriate to minimize
budget impacts; (3) Direct staff to present follow up recommendations and additional
funding requirements subsequent to contractor negotiations; and (4) Approve use of
$38,200 for pathway/land~ in lieu ~ asphaltic resurfacing.
_ Date:
PREPARED BY: _~nn.-~,~R-yziv.q P.E.~ PMP, go~M~ger II
Office ~Capi~al Projec~Man~mem ~
~VIEWED BY: ;' "' Dale:~dolfo A. Go~,~E., Dkeclg~ ~
· '~/~/~~.~ ~ "~' "~ ~:~'.' Date:
Ed ll~er, A~s~ator
Public Works Division
BY: Stephen ~. Came~, D'
Purchasing Depa~ent
cc: David Bobanick, Interim Transportation Dixector
12~ch Hellriegel, P.E., Senior Project Manager, Office of Capital Projects Management
pag/exsumvbrpathway
EXECUTIVE SUMMARY
RECO~ATION THAT TITK. BOARD OF COLLW-R COUNTY COMMISSIONERS
ACCEPT DONATIONS IN THE AMOUNT OF $12,000 FROM COLU~R COUNTY
GROWERS TO BE USED TO PAY TI~ SALARY OF TI~ COMMERCIAL VEG~rABLK
AGENT.
OBa-E~: To accept donations to be used to pay the commercial vegetable ~8ent's salary.
CONSIDERATION: The Agriculture Department luts expended $12,000 from October through
March to retain the services ofthe Conunercial Vegetable Agent.
HSCAL IMPACT: The donation of $12,000 will offset the county's S12,000 in expenses.
Increase Genera]. Fund revenue (001-157110-366900) and expense (001-157110-
512100) $12,000.
RECOMMENDATION TRAT TH£ BOARD OF COUNTY COMMISSIONERS accept the
$12,000 donation from Collier County growers to pay the expense of the Commercial Vegetable
Asent.
D~.~. Blantan;',.C.,ou~y Extension Director
Reviewed and
Approved by:
Thomas W. 01~ff, ~ubl']~rvices Administrator
Date: 6/9/97
TA~#TR T
I
I A.P.14. Date.
~To B~ Yes
001
(FUND #0.)
FU~ T~TLE
o,te pr.~re~: 6/10/97
Artsci. Executive S~rm~ry
If prevlou~ty approved, BCC Agenda Date: / / item No..
XP NS T TA
Agri culture 157110
Cost Center Tttl. e
Cost Center NO.
Project Title
Project No.
Expenditure
512100
Regular Salaries
]ncrease Current Revised
$12,000 S268,900 $280,900
TOTAL S12,00~)
Cost Center Title Cost Center NO.
Expenditure
Object Code Ex,creature Titt~
Project Title
Increase Current
~ecrease)
Project No.
Eevised
TOTAL 0
Agriculture
Cost Center TitLe
~[vl~u~ I~UOG~T DETAIL
157110
Cost Center NO. Project Tit~e
Revenue
Object C~e
366900
Project No.
Re, ised
BudGet
-0-
,o.~ !
JUN Z 4 1997
To be used to pay. the commercial ye Y'
t,~ERE ARE Ft. fl~O$ AV
From donations made from Collier Coun%y growers to be
~ ' .
AGENCY' I,~ANAGER :~
CLERK OF BOARD
I~PUT BY:_
I.A. NO.:_
6/10/97
~ ~ 7-',. ?
J JUl~ 2 ~ 1997
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS AUTHORIZE THE ATTACHED WORK ORtnER AND BUDGET
AMENDMENT TO ENABLE THE CONSTRUCTION OF THE SKATEBOARD
FACILITY AT THE EAST NAPLES COMMUNITY PARK .___
OBJECTFv'E: To execute the necessary documents that will enable the construction of
the skateboard facility at the East Naples Community Park to begin.
CONSIDERATIONS: The attached work order is with Surety Construction, Inc., one
of the pre-qualified contractors from the County's annual construction bids. The
skateboard park project, designed by Johnson Engineering, was quoted amongst all of the
County's approved contractors with Surety Construction submitting the lowest quote.
The project is scheduled to take ninety (90) days to complete, and will include site work, a
slab upon which skateboarding structures will be located, drainage improvements, and
lighting
A concession for the operation has already been bid and a contract negotiated for this site
as well. The operation will include skateboard sales, and repairs, clothing and snack sales,
entrance fees, daily inspection of the ramps, required safety equipment rental, and
supervision of the site to include proper authorizations and accounting fo: required waiver
forms.
FISCAL IMPACT: The cost of the contract is $199,400. While funds for this project
were budgeted and are available within the community park impact fee fund (368). The
engineers estimate of the total project cost were underestimated by $27,000. As a result a
budget amendment will be required to complete the total project A budget amendment
has been prepared and is attached also using community park impact fees. Funds for the
budget amendment are available within the community park impact fee reserves.
GROWTH MANAGEMENT IMPACT: The full value of the improvements associated
with this project will be counted toward the County's inventory of park facilities.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
authorize the attached work orde~ with Surety Construction, Inc., and budget amendment
for $27,000 allowing the construction of the skateboard park facility at the East Naples
CommunityPark.,subject to review and approval by the County Attorney
of work
Prepared by:
Tho-m~-s W. Olliff, P~c Services Administrator
This Work Order is for leoeral contractinl services, subject ta the terms and coed,trues o1' the
(:attract raf'aralcod above, loc Work buowtu os
Project East Nuples Skits Perk FAcility
The work is specified in the proposal DAted June I). 1997 ~rrom Surety Constructiou Compuoy stud as
shown on ;ohnloo Enltneerinl drewinls, Project No 25:201, pelfs I to I. (approved *liStubatlitiul
chlnle) dated Mly 22. 1997, which ufo uttlched hereto And mlde i part al' this Work Osder. Itu
accordance with Tcrms sod Conditions at' the Alreemcnt rcl'erenced ibovc. WorL Order IISC.2S is
Assitned to Surety Construction CompAny,
Tlsk i. To furnish labor, mAtcrill and equipment to construct a skate pisI~ flcility itu accordance ttu
Johnson £n$inearinl drlwinje dated Mey 22. 1997. less landscepinS and inclodinl folodltlou
details, dated Iv(ny 19, 1997. sheets S.I and S.2 technical specs by Johnson Enjinecrinj dated
February :2'1, 1997, and memorandum by Johnson Enlinctrinl dated May 27. 1997
~c,~d.L~..O~Y~ Complete concrete slab. ready Ia use b) Aulust lo 1997. Skate Park Facility to be
completed wilhin 90 dlyS ifler 'Notice To Proceed"
· /
~ Iff AccordAnce with llem No. 3 of the Ajreemenl. the County will compensate the
Pirm In accord(ncc with the nqot:stcd lump sum Imount provided zn the schcdvle below.
T~s~ ~ ~ ~ump Sum
TOTA~ FGE SI99,44~ Lump Sum
An~ ch~nle mide subsequenl to (Jolt dcpIrtmcnt ipprOVll will be considered ~n IddltlOfll~ service
Iud chir~ed ~ccordlni to Iff executed Chlnl( O~dcr. ~s enumerated tn ~xhlbtt ~ o~ thc Alreemcnt
PREPARED ~Y: ~ ~f~
~as ~~t Enl~nccr~
REVIEWED BY: ~ ~
ACCEPTED ~Y
ATTEST (Corporslc Secrclir))
~y
Silntlure
T)pe Name & 'J'ltle
ATTEST:
O*~,ilht e. Brech. Clerk
BOARD OF COUNTY COMkIISSIO% ~ P ~
COLLIER COUNTY FLORtDA
Deputy Clerk
Temolh) L Hancock.. AICP,
Chairmen
Dole:
Approved os to Form And LcSAI Sufl'iciency
TPC.Ih WOeLH-'21
BUDGET AMENDMEN~I' REQUEST ~
I ~'-... ....................
I JE~ ..................
I~,~, ~.~ .....
y ~ ~N~ N~ 368
~ ~~ach Execmive Summ~
EXPENSE BUDGET DET~L
~enditure ~enditure Increase Current ~vised
Object Code Title 'Decrease) et et
993000 Reserves 000.00) $1,'/64,293,00
TOTAL
IProject No.
~~ture Increase Cur_rent
TOTAL
Revised
Budget
~ ~ Re~ ised
Revenue ~c*~. ....... I (Decrease) Budget
Object Code =~.~.~"~~~ ~ ~ ------=----'---'
~ TOTAL
Why are funds needed? Funds are needed because 1he engineering firm underestimated
the cos~ of the East Naples Skate Park proiect. Bid5 were received at a higher cost than
expected.
Where are funds available? Funds are available in Fund 368, Resets'es for Capital
Outla.x'.
REVIEW PROCESS
DATE
Cost Center Director:
Division Administr
--~ get Department:
Agency Manager:
Finance Department:
Clerk of Board Admm..
B.A. No.:
EXECUTIVE S~RY
RECOlVfMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE
AN AGREEMENT FOR THE PROVISION OF TELECOMMUNICATION SERVICES
AND FACILITIES BETWEEN COLLIER COUNTY AND. SPRINT-FLORIDA,
INCORPORATED AND APPROVE A BUDGET AMENDMENT FOR EXPENSES
RELATED TO THE OPERATION OF SAME.
~a~: Recommendation that the Board of County Commissioners approve an Agreement
for the Provision of Telecommunication Services and Facilities between Collier County ~ Sprint-
Floricht, Incorpor~ated and approve a Budget Amendment for expenses related to the operation of
sa~me.
~,~1]~,~: On October 25, 1994, the Board of County Commissioners approved a
contract with Ericsson, Inc. for the design and construction of an 800 MHz trunked radio system.
The primary outstanding contractual issue between Collier County (County) and Ericsson, Inc. is
compliance with the County's radio system coverage specification for the southeast corner of Collier
County. In August 1996, after system performance testing, Ericsson agreed to provide at no cost to
the County an additional radio tower site to meet this specification. Following an extensive review
and technical analysis of the limited sites in this area, Ericsson and the County have identified an
existing radio tower site owned by Sprint-Florida as the most appropriate location. This site is
located in Monroe County just south of the Collier County boundary line on State Road 94 at Jim
Dill Loop, Pinecrest, Florida.
The benefit of occupying communications towers owned by others is a significant cost-savings in the
County's purchase of land and costs associated with the construction and maintenance of tbe tower
itself. In addition, most of the land in this area is federally owned and environmentally sensitive
making construction ora new tower site very difficult and time-consuming.
The Lease term shall be for three (3) years commencing on May 1, 1997 with one (1) automatic
renewal of three (3) years. Collier County has the right to terminate this Agreement by providing
the required written notice pursuant to the applicable Article in the Agreement. Monthly rent
payments, which provide interior equipment space in a Sprint.owned building, electric service and
antenna mounting space on the tower, total $607.10. Collier County shall be responsible for the
telephone costs which include a standard phone line and a TI circuit to link this site to the 800 MHz
system The Lease Agreement req~Jires that Sprint personnel supervise any County employee, agent
or contractor visiting the site for th~ performance of certain installation and maintenance procedures.
This requirement is standard in all Sprint leases and provides for security and noninterference of any
equipment owned by Sprint or other tenants at the site. During regular business hours, Sprint will
invoice Collier County Thirty-Three Dollars ($33.00) for the first half hour or any fraction thereof
and Twenty-Two Dollars and Fifty Cents ($22.50) for each half hour or any fraction thereof
following the first half hour. If Collier County should need to visit the subject site after regular
business hours, overtime and premium time (time outside of scheduled work day), the
aforementioned rates will increase to approximately Nine (9) percent and Thirty-Five (35) per:.,-nt
respectively from the regular time rate.
JUN 2 1997
The Office of the Coumy Attorney, Radio Communications Manager and Risk Management
Department have reviewed the attached Agreement.
^ Budget Amendment has been prepared and attached for approval allocating funds for the costs
associated with the operations at this location.
~,AL_II~,.A-G~: Operational expenses of the 800 MHz radio system are derived from Fund 188.
the traffic ticket fund. Annual expenses for this site are as follows:
Tower Rent - 188-140480-644600 $ 7,285.20
Telephone Direct Line - 188-140480-641400 $ 3,051.60 ($1,$$5 one time install costs)
Misc. Services 188-140480-649990 $ 3,000.00
~~t~~~: None
~: That the Board of County Commissioners approve an Agreement for the
Provision of Telecommunication Ser,'ices and Facilities between Collier Count' and Sprint-Florida.
Incorporated and Budget Amendment for same and authorize its Chairman to execute the documents.
BY: ' . _ DATE:...{ · q' '~ -)
PREPARED ~pecialist, Real Property Management Dept.
-John Dais', R ' Manager. Information Technology Dept.
' -. ~ ,. DATE:
REVIEWED BY: ' " - -
Leo E. Ochs, .Ir.. Administrator, Support Services Division
SPRINT-FLORIDA, INCORPORATED
AND
COLLIER COUNTY
AGREEMENT FOR THE PROVlSlON OF
TELECOMMUNICATION SERVICES AND FACILITIES
ARTICLE 1
GENERAL PROVISIONS
This Article, effective as of the 1st day of May 1997, between Sprint-Florida, Incorporated
(herein refen'ed to as 'Spdnt' or 'Company'), and Collier County (herein referred to as 'Collier
County" or 'Customer"), sets forth the terms, conditions and compensation for the provision of
certain telecommunication services as hereafter described. In consideration of the mutual
promises herein contained, the parties agree as follows:
SECTION I
SCOPE
This Agreement covers certain services provided by Sprint to Collier County. The services
subject to this Agreement and the terms and conditions pursuant to which they will be supplied
by Sprint to Collier County are defined in this and the vadous other articles of this Agreement.
Those other articles and their application to Article 1 may be modified from time to time. The
Articles in effect are identified in Exhibit 1 to Article 1. Where any article to this Agreement
specifically defines terms, conditions or standards different from those identified in Article 1,
such terms, conditions or standards shall control. This Agreement specifies the terms,
conditions and compensation under which Spdnt will provide services to Collier County. It also
specifies the terms that govern the protection of proprietary information provided by either party
pursuant to this Agreement.
SECTION II
METHODS AND PRACTICES
Sprint agrees to provide the services described in this Agreement in a manner that equals or
exceeds the accepted industry performance standards for network quality, planning,
maintenance, and testing in effect dudng the term of this Agreement, unless the parties
otherwise agree. Whenever an article specifically defines performance standards, such
standards shall govern the services provided pursuant to that article and shall supersede those
identified in Article 1.
JUN 2
.
Ar~£cle 1
Co11£*= Coun=¥
SECTION III
DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
1. ~ means services used in the origination or termination of interexchange
telecommunications.
2. ,5.g.r~.q..~..~ means Article 1 - General Provisions and all other articles (including exhibits and
attachments) that are in effect at a given time.
3. ~ means an on-site visit for the purpose of reviewing the records and procedures
of a party to this Agreement relative to the provisioning of a service.
4. ~ means written notification from one of the parties that billing rendered or revenue
remitted is in error (based on evidence provided by that party and verifiable by the other
party). A claim may affect the revenues or expenses of either party.
5. ~ means an estimate of the principal dollar amount of the claim (excluding any
penalty charges).
6. ~ means a unique identifier assigned by the party initiating the claim for the
purpose of identifying and tracking a claim. Audit/Review findings that constitute a claim
shall be assigned a claim number.
7. ~ means the amount of money due from Collier County to Sprint or from Sprint
to Collier County for services provided under this Agreement.
8. ~ means when the parties reach agreement on the terms of settlement for a
claim.
9. ~ means the comprehensive list of data elements, reports, systems, bills, etc. to
be examined during an on-site review.
10. ~ means an unresolved claim requiring formal, written escalation for resolution.
11. xchan or ocal xchan e means a geographic area within which a telephone company
may provide telephone exchange service as defined in Section 3(r) of the Communications
Act of 1934, as amended, 47 U.S.C. 153(0.
12. Information means information designated proprietary by a party pursuant to Section IV of
Article 1.
13.1n....~q.uj~ means a verbal or written communication between the parties to initiate the
investigation or clarification of certain items or procedures.
Co ~.]..Lexr co~nt.¥
14. ~ means within the exchange.
15. In A T I m ni 'n means telecommunications within a LATA.
16.~:~ means between exchanges and may, depending upon applicable tariffs,
include extended area services and toll services.
17. m ni i n means telecommunication services offered between LATAs.
18.~ means the review of a single issue or a specific topic relating to the
provisioning of a service.
19. LATA <~r Local Ac.x;ess and TramfpQrt Area mean a geographic area encompassing one or
more local exchange areas within which a Bell Operating Company or its successor may
provide telecommunications services, plus associated independent telephone company
exchanges. LATA also means a geographic area encompassing one or more local
exchange areas within which an independent telephone company or companies, not
associated with a Bell Operating Company LATA, provide telecommunications services and
which for the purpose of exchange access service are treated as a single access service
area.
20. ~ means the interest that may be added to amounts owing resulting
from settlement of claims or disputes or as a result of payment not being rendered by the
payment due date.
21. Non-~ means the party that has contracted for a service under this Agreement.
22. ~ means a wdtten notice so designated, which identifies the dispute and
initiates formal escalation consistent with the procedures and requirements set forth herein.
23. ~ means the party owning and providing a particular service under this Agreement.
24. ~ means Spdnt or Collier County, or both, as the context shall require.
25. ~ means the party submitting a bill to the other party.
26. Pa~ means the party to which a bill is submitted by the other party
27. ~ .means the location(s) within a LATA at which an interexchange
cartier obtains access serwce.
28.~ means a claim that has been resolved as a result of concurrence and
receipt/verification of the settlement amount or by withdrawal of the claim by the originator.
29. ~ means the party against which a claim is made.
Ar~:lcle 1
Collier County
30. tern of Ilier oun means the interexchange switching, recording, operator service
and transmission facilities owned by Collier County or leased by Collier County from others
that route, switch, assist and transport Collier County' s traffic (excluding facilities leased 13y
Collier County to others).
31.~ means the interexchange switching, recording, operator service and
transmission facilities owned by Spdnt or leased by Spdnt from others that route, sW~tch,
assist and transport Spdnt's traffic (excluding facilities leased by Spdnt to others).
32, ~ means the transmission, emission or reception of information, signals
or messages between or among points specified by the user.
SECTION IV
PROTECTION OF PROPRIETARY INFORMATION
Any information including, but not necessarily limited to, specifications, drawings, sketches,
models, samples, data, computer programs and other software or documentation of one party
that is furnished or available or otherwise disclosed to the other party pursuant to this
Agreement ("Proprietary Information') shall be deemed the property of the disclosing party. Any
information intended to be covered by the provisions of this Section must be specifically
designated in writing or appropriately marked designating its proprietary status. Proprietary
information shall be subject to the following terms and conditions:
Ao
Proprietary information shall be returned to the disclosing party upon request. Unless
proprietary information was previously known to the receiving party free of any obligation to
keep it confidential or has been or is subsequently made public by an act not attributable to
the receiving party, or is explicitly agreed to in writing not to be regarded as confidential, it:
(a) shall be held in confidence by the receiving party and its employees, contractors and
agents; (b) shall be disclosed only to those employees, contractors, agents, or affiliates who
have a need for it in connection with this Agreement and shall be used only for such
purposes; and (c) may be used for other purposes only upon such terms and conditions as
may be agreed upon in writing by Collier County and Spdnt. If information marked
proprietary and given to the receiving party was previously known to the receiving party and
if the receiving party had no obligation to keep such information confidential, the receiving
party shall immediately notify the disclosing party of such pdor knowledge. Neither party
shall disclose, disseminate or release any propnetary information to anyone who is not an
employee, contractor, agent or affiliate having a need for it in connection with this
Agreement unless otherwise agreed upon in writing pdor to any such disclosure.
dissemination or release. The receiving party shall require any person not its employee or
affiliate to whom it discloses proprietary information to sign an agreement to protect that
proprietary information to the same extent the receiving party is obliged to protect that
proprietary information under this Section. Such an agreement shall be signed pdor to
disclosing any proprietary information to the person not an employee or affiliate of the
receiving party.
B. Neither par~y shall be held liable for any errors or omissions in any proprietary information or
for any loss or damage ansing out of the other party's use of any such proprietary
~£cle 1
Collie~ Count~
information. Nothing in this Agreement shall require or prohibit the payment of an
appropriate fee by one party to the other party for the use of any proprietary information
covered by this Agreement.
Co
Each party agrees to give notice to the other party of any demands to disclose or provide
proprietary information under lawful process prior to disclosing or furnishing such proprietary
information and agrees to cooperate in seeking reasonable protective arrangements
requested by the other party. In addition, any party may disclose or provide information of
the other party requested by a government agency having jurisdiction over the party;
provided that the party makes all reasonable efforts to obtain protective arrangements
satisfactory to the party owning the proprietary information; and provided further that the
party owning the proprietary information may not unreasonably withhold approval of the
protective arrangements.
No dghts whatsoever are granted, by license or otherwise, by this Agreement with respect to
proprietary information except as needed for the purposes of this Agreement or as
authorized by the disclosing party in writing.
In the event either party discloses, disseminates or releases any proprietary information
received from the other party outside the' terms of this Agreement, the other party may
refuse to provide any further proprietary information and may demand prompt return of all
proprietary information previously provided to such party; such refusal to provide any further
proprietary information shall not constitute a breach of this Agreement. These provisions are
in addition to any other remedies the party may have.
Interconnection standards that either party has a legal obligation (independent of this
Agreement) to provide to the other party shall not be considered proprietary information for
purposes of this Agreement.
The provisions of this Section shall remain in effect for one (1) year after termination of this
Agreement unless otherwise agreed in writing by both parties.
SECTION V
RESTORATION OF SERVICE IN THE EVENT OF OUTAGES
Restoration of service resulting from service outages due to equipment failures, human error,
fire, natural disaster, acts of God, or similar occurrences shall be provided as follows:
Restoration pdority shall be afforded to those network elements and services affecting national
security or emergency preparedness capabilities and those affecting public safety, health and
welfare as those elements and services are identified by the appropriate government agencies.
All other service shall be restored as expeditiously as practical.
SECTION VI
LIABILITY FOR OUTAGE
The liability of Spdnt in connection with the services provided to Collier County under this
Agreement shall be limited to a credit for outage time unless the outage is the .re.s~ul! o.f_.gross
5
negligence or willful misconduct by Spdnt, their employees, agents, or contractors. Such credit
shall be limited to an amount equal to that portion of the charges owing under this Agreement
from Collier County to Spdnt and attributable to the services provided by Sprint for the duration
of the outage and shall be based on a proportionate reduction of such charges. Any claim or
demand for credit as a result of any such outage shall be waived unless presented in writing
within one (1) year after the date of the outage.
SECTION Vll
EXCHANGE OF INFORMATION
This Agreement provides for the exchange of certain information by the parties and the
provision of services and facilities hereunder and administration of this Agreement. Also. each
party to this Agreement shall provide to the other party data in sufficient detail to meet the other
party's needs in support of jurisdictional separations, access/service planning and interLATA/
intraLATA network planning requirements. Any request for data should include an explanation
of intended use. Where any such information is not otherwise required to be provided under
this Agreement and is not otherwise developed by any party, such party may condition
furnishing such information upon the other party's agreement to pay the reasonable expenses of
developing such information. Upon written request, each party shall provide information
reasonably necessary to enable the other party to estimate charges under this Agreement for
the following twelve (12) months; however, unless otherwise agreed, such information need not
be furnished more frequently than semiannually.
In the event that any data or information exchanged or provided pursuant to or in contemplation
of this Agreement, that is an estimate or forecast or is based on an estimate or forecast, tums
out to be inaccurate, neither party shall have any liability to the other party or any other person
in the absence of willful misconduct. In addition, the party providing any estimate or forecast
shall not be bound by such estimates, forecasts and information with respect to future terms and
dghts under this Agreement.
SECTION VIII
PRESERVATION OF RIGHTS OF THE OWNER
Neither the provision of any services by Spdnt to Collier County under this Agreement nor the
payment by Collier County for such services shall create or vest in Collier County any easement.
ownership, or property dghts of any nature in any facilities used to provide service under this
Agreement.
SECTION IX
INDEPENDENT CONTRACTORS
Each party agrees that it shall perform its obligations hereunder as an independent contractor
and not as the agent, employee or servant of the other party, Each party has and hereby
retains the dght to exercise full control of and supervision over its own performance of the
obligations under this Agreement.
JuN 2, ,j 7
Coll£er County
SECTION X
FORCE MAJEURE
Neither party shall be held liable for any delay or failure in performance of any part of th,s
Agreement from any cause beyond its control and without its fault or negligence, such as acts of
God. acts of civil or military authority, government regulations, embargoes, epidemics, war,
terrorist acts, dots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
strikes, power blackouts, volcanic action, lightning, other major environmental distu~ances.
unusually severe weather conditions, inability to secure products or services of other persons or
transportation facilities, destruction of or damage to facilities (i.e. cable cuts), or acts or
omissions of transportation common carders,
SECTION Xl
COMPLIANCE WITH EMPLOYMENT LAWS
All obligations under this Agreement shall be performed in compliance with all applicable laws
prohibiting discrimination against any employee or applicant for employment because of race,
color, religion, sex, national odgin, age or handicap. Where required by law, certificates of
compliance shall be provided.
Each party shall comply with the provisions of the Fair Labor Standards Act of 1938, as
amended, and all other applicable federal, state and local laws governing employment.
SECTION Xll
BILLING ARRANGEMENTS
Accounts of compensation for services provided under this Agreement shall be as specified in
the articles. Applicable taxes shall be in addition to the compensation amounts. The following
billing arrangements apply for all compensation due under this Agreement unless otherwise
specified in the articles. Bills or statements will be rendered monthly for all services and facilities
provided.
Bills will be payable thirty (30) calendar days from the bill date (as printed on the bill), subject to
the holiday treatment described below. Bills are to be issued by Spdnt such that Collier
County's receipt is twenty (20) calendar days pdor to the required payment date to allow
adequate time for processing. Bills not issued within this time frame will not be subject to the
late payment penalty discussed below for the number of days the bill was late. The Payor will
use its best efforts to pay the bill by the due date and is responsible for proving that the bill was
received late should the Payor request that the late payment penalty be waived. In assessing
late payment penalties, it is the responsibility of the Payee to prove that the bill was rendered
and transmitted so as to provide reasonable assurance that the bill would be received by the
payor twenty (20) calendar days or more in advance of the payment date.
Payment must result in immediately available funds on or before the required payment date
unless the required payment date is on a weekend or holiday observed by the remitting or
receiving bank. In such cases, payment in immediately available funds will be due as follows:
Ar=lcle 1
Collier Coun~:¥
(a) If such payment date falls on a Sunday or holiday which is observed on a Monday, the
payment date shall be the first non-holiday following such Sunday or holiday;
(b) If such payment date falls on a Saturday or on a holiday that is observed on Tuesday.
Wednesday, Thursday or Fdday, the payment date shall be the last non-holiday preceding
such Saturday or holiday.
Unless agreed to otherwise, any payment of one hundred thousand dollars ($100,000) or more
must be transmitted by electronic funds transfer. Each bill must be accompanied by a reference
number having up to ten (10) characters with each payment accompanied by the reference
number(s) for the bill(s) for which the payment is received.
Any payment received after the required payment date, any payment received in funds that are
not immediately available as specified above, or any portion of the amount due that is not
received by the required payment date, will be subject to a late payment charge, except as
provided below. It is the responsibility of Spdnt to prove that Collier County failed to make
payment on or before the required date.
The late payment charge shall be the portion of the amount due either received or currently
outstanding after the payment date multiplied by a late factor. The late factor shall be 0.000493
per day, compounded daily for the number of calendar days from the required payment date to
and including the date of payment in immediately available funds or the highest interest rate (in
decimal value) which may be levied by law for commercial transactions in the state in which the
service is provided, whichever is lowest.
Spnnt will include billing for late payment charges in the succeeding bill for the related services
or facilities.
Except as specified otherwise, any late payment by electronic funds transfer resulting from bank
error will not be subject to the late payment charge if the payor vedfies that it was not at fault.
The discrepancy will be resolved by the banks involved. It is the responsibility of the payor to
notify the banks involved and coordinate resolution of the discrepancy. Repeated errors by the
sending party's bank will result in reimposition of late payment charges to the sending party.
If either party disputes any portion of a bill or statement amount, that party shall notify the other
party in wdting of the nature and basis of the dispute according to the claims and dispute
resolution procedures outlined in this Agreement. The parties shall use their best efforts to
resolve the dispute prior to the required payment date.
If the dispute is not resolved by the required payment date, the payor shall, not withstanding the
continued existence of the dispute, pay the bill or statement amount in accordance with
settlement terms specified above, but payor shall reserve its claim against the other party for
reimbursement after the dispute.
If the claim, in whole or in part, ultimately is resolved in favor of the payor, it shall be entitled to a
refund from the other par~y. The amount of the refund shall be an amount~
8
Ar~£cle 1
Co11£~= Coun=y
sustained claim amount plus interest calculated from the date the payor pays the bill to the date
the money is refunded for claims found in favor of the payor that are filed within six (6) months
of the payment date. For claims filed after six (6) months from the payment date, interest will be
paid from the claim date to the date the money is refunded to the payor. This pedod shall
include the payment date of the refund. Payment must result in immediately available funds on
the payment date of the refund. The total amount of the refund shall be paid no later than thirty
(30) calendar days after written notice is given to both parties that the claim has been sustained.
If Collier County fails to pay any amount due within thirty (30) calendar days of the due date,
Spdnt reserves the dght to discontinue the provisions of the service to Collier County at any
calendar days written notice by Certified U.S. Mail to the person designated in Section XXIII of
this Article.
In the case of such discontinuance, all applicable charges including termination charges shall
become due. If Sprint does not discontinue the provision of the services involved on the date
specified in the thirty (30) calendar days notice and Collier County's noncompliance continues.
nothing contained herein shall preclude Sprint's nght to discontinue the provision of the services
to Collier County without further notice.
SECTION XlII
DEPOSIT
Prior to, or at any time after the provision of a service to Collier County, Spdnt may require
Collier County to make a deposit to be held as a guarantee of the payment of rates and
charges. Such deposit may not exceed the actual or estimated rates and charges for the
service for a two (2) month period plus the amount of any termination charges attributable to the
service. The fact that a deposit has been made in no way relieves Collier County from
complying with regulations as to payment of bills.
When Collier County has been provided notice that a deposit is required pdor to the provisioning
of a service or facility, such deposit amount shall be paid in full pdor to Spdnt's activation of the
service or facility, In the event where a service or facility is currently operational and Spdnt
determines a deposit is required, Sprint will provide notice to Collier County of a deposit request,
identifying the amount of deposit being requested and the reason for such action by Spdnt. In
this instance, Spdnt's request for a deposit will be based solely on Collier County's record of
performance relative to the contractual obligations of the applicable service provided by Sprint.
Collier County will be required to remit the deposit in full within thirty (30) calendar days of
Spdnt's deposit request and snail be subject to all other requirements and actions regarding
payments to Spdnt.
When the provision of the service to Collier County is terminated, the amount of the deposit will
be credited to Collier County's account and any credit balance that may remain will be refunded.
Collier County will receive interest in accordance with the rules of the regulatory agencies in the
state where the service or facility is provided.
SECTION XIV
CLAIMS PROCEDURES
When questions arise relative to payment for services provided, both parties agree to use the
procedures described below to resolve such questions in a timely and efficient manner:.
Inaui~. Routine communications between the parties concerning potential errors are
considered inquiries not claims. Inquiries are resolved in normal practice through telephone
calls, rourine business meetings or written communications. The purpose of any inquiry is to
acquire additional information. Both parties agree to provide in a timely manner this
necessary assistance in the investigation and resolution of inquiries. An inquiry may
address but is not necessarily limited to the following:
(a) Usage volumes and missing data
(b) Identification of potential billing errors
(c) Unexplained checks or bulk adjustments
(d) Additional investigation required to substantiate a claim or back billing
(e) Discrepancies between revenue and access volumes
If an investigation results in acknowledgment of an error by both parties, the error will be
rectified. Where the resolution requires an exchange of moneys, the inquiry, if resolved at
the inquiry stage, will be documented or the originator of the inquiry will file a claim for the
purpose of documenting the activity taken to resolve the discrepancy and identify the dollar
amount involved. Procedures established below for the processing of a claim will take effect
in these instances.
Bo
ri in ti n f I im. In the event that an issue cannot be resolved via an inquiry and
verifiable evidence is available to support a claim, either party may submit an issue as a
claim to the other party. All claims will originate from and be provided to the designated
representative of each party. All claims will be submitted in writing with both an appropriate
tracking number identified on the face of the written notice and adequate documentation
provided as may be reasonably required by either party to investigate, substantiate and
facilitate resolution of the claim.
If either party believes that claims are being originated that are based on questionable
cdteda, that party may request the establishment of a joint Spdnt/Collier County forum to
discuss the process or data quality concerns at issue.
C. Ackn~. Within ten (10) business days, the respondent will verbally acknowledge
receipt of a claim. If the respondent cannot respond by the expected claim response date
(as identified in the claim and established at thirty (30) calendar days from the date of
issuance of the claim), it will so inform the originator at the time of acknowledgment and both
parties will mutually agree to a later response date.
D...Claim Response.
response date.
response will include the following:
The parties agree to actively pursue a response to the claim by the claim
In the event that the claim is concurred in by the respondent, the claim
~o
co~2£e~ count~
(a) Claim number
(b) Concurred Date
(c) Concurred Amounts of Adjustment
(d) Calendarlzed Pedod for Adjustment
(e) Expected Adjustment Date
(f) Penalty charge requirements (where applicable)
(g) Method of Payment (e.g.)
- Bill (detail of adjustment)
o Check
- Wire Transfer
- PARS
E. ~. A claim will remain open until all issues are resolved or a portion is
withdrawn by the claimant or concurred in by the parties through further negotiation or is
resolved through the dispute escalation procedures. Claims are for the principal dollar
amount only. Penalty charges in accordance with the terms of this Agreement and any
applicable tariffs may apply to a claim.
Claims are resolved when the originator vedfies payment and sends a copy of the claim to
the respondent marked "Resolved." The originator of a claim will make every effort to verify
payment of a concurred claim amount within thirty (30) calendar days of receipt of the
payment.
F. ~. If the respondent finds that a claim is not meritorious, the respondent will
deny the claim by notice in writing to the originator. The originator may choose to withdraw
the claim and so notify the respondent in writing within thirty (30) calendar days. If the
originator chooses to pursue the claim, both parties may meet to negotiate or pursue
resolution of the claim through the dispute escalation procedures.
SECTION XV
DISPUTE ESCALATION PROCEDURES
Claims that are not resolved may be escalated by either party. These procedures are to be
followed in an attempt to resolve disputes expeditiously and fairly without the need to resort to
formal adjudicatory measures.
~. Either party may invoke the dispute escalation procedures by initiating
director level or higher wdtten correspondence to the designated representative of the other
party. Notices of dispute shall be clearly marked as such and shall contain all information
necessary to pursue resolution of the dispute.
~. The party to which the notice of dispute is directed shall respond in
writing no later than fifteen (15) days from the date of receipt of the notice of dispute. Such
response shall state the party's position in detail.
11
Ar=icle 1
Collier coun=y
C. Dis ute Resolution. If the designated representatives of the parties cannot reach agreement
on resolution of the dispute within thirty (30) business days of the issuance of the response
to the notice of dispute, either party may elect immediate referral to the respective
company's executive management.
D. Mediation. If negotiations between the companies' executive management do not result in
resolution of the dispute within twenty (20) business days of the date of referral, then pdor to
filing any judicial action and within fourteen (14) days from the expiration of the executive
management review, either party may demand non-binding mediation by issuing a notice of
mediation to the designated representative of the other party. Both parties agree to pursue
a mediated resolution of the dispute in good faith, The notice of mediation shall be clearly
marked as such and contain the information necessary to pursue resolution of the dispute.
The originator of the notice of mediation shall arrange to have the notice delivered within
twenty-four (24) hours of issuance. Unless otherwise agreed to by the parties, the
designated representatives of the parties shall agree upon an independent mediator within
five (5) business days. Said mediator shall be an individual who, unless the parties
otherwise mutually agree, has never been employed, directly or indirectly, by either of the
parties or their affiliates. If the parties cannot agree upon a mediator, then within the same
five (5) business day pedod each shall appoint an independent representative, one who has
never been employed, directly or indirectly, by e~ther of the parties or their affiliates; and
these two independent representatives, within five (5) business days of their appointment,
shall appoint the mediator. The mediator shall set the time for a meeting to be held w~th the
designated representative of each party. The designated representatives shall be
empowered to resolve the dispute on behalf of the parties and may be accompanied by an
attorney. A meeting shall take place within thirty (30) days of the date of the appointment of
the mediator and shall be held in a location agreed to by the parties and the mediator.
The mediator shall control the procedural aspects of the mediation, including the time and
place of each session, the agenda for each session, whether a session shall be a separate
meeting between the mediator and a party or a joint meeting with both parties and the
projected date for the conclusion of the mediation process. At any time following the initial
joint meeting, either party may withdraw from the mediation by written notice to the mediator
and the other party, The mediator shall attempt to mediate the dispute and bdng the parties
to a resolution of the issue. Failing this, the mediator at the conclusion of the mediation
process, shall provide to the parties within ten (10) days his/her opinion of the appropriate
resolution of the dispute. This opinion is not binding on either party and may not be used by
either party in any future proceeding.
The mediation process shall be treated as a compromise negotiation for purposes of the
federal rules of evidence and state rules of evidence. The mediator shall be disqualified as
a witness, consultant or expert in any pending or future action relating to the subject matter
of the mediation, including those between persons not parties to the mediation. Within five
(5) business days of receipt of the mediator's opinion, each party's designated
representative shall meet one (1) final time to resolve the dispute. If they are unable to do
so, both parties are free to pursue available legal remedies.
12
Collier County
The entire mediation process is confidential. The parties and the mediator shaft not disc]ose
to third parties (1) information disclosed by either party during the mediation process or (2)
information regarding the mediation process itself, including any settlement terms.
If any party subject to the terms and conditions of this mediation provision fails or refuses to
appear at and participate in a mediation meeting after due notice, the mediator may hear
and determine the controversy upon evidence produced by the appearing party.
The mediation costs shall be borne equally by each party, except that each party shall bear
the cost of presenting its case at mediation. The mediator's compensation rate will be
determined at or before appointment. At the time of the mediator's appointment, the
mediator shall be required to execute an agreement in the form mutually acceptable to the
parties, which agreement will set forth, among other things, the mediator's duties, obligations
and compensation.
E. Pamn on R luti n of i ut . Where resolution of a dispute requires the exchange
of moneys, payment of the disputed amount will be made pursuant to the negotiated
settlement. Payment will include applicable penalty charges.
F. ~:ourse of Business. Unless other~se agreed ~ writing, the parties shall continue to provide
service, honor all other commitments under th~s Agreement, and continue to make payments
in accordance with this Agreement during the course of dispute resolution pursuant to the
provisions of this Section.
SECTION XVl
ATTORNEY'S FEES
In the event either party to this Agreement is required to take action to enforce any of the terms
of this Agreement, the prevailing party shall be entitled to recover from the other party
reasonable attorney's fees and costs, including reasonable attorney's fees and costs for any
appeals thereof, as well as any collection costs incurred.
SECTION XVll
COMPLIANCE MONITORING
Collier County shall have the dght to visit any service provision location annually upon
reasonable notice to Spdnt to ensure that the terms of the Agreement are being met. Visitation
rights shall include the nght to inspect the facilities of the other party and, upon thirty (30)
calendar days written notice, to review wo~sheets, performance or service plan data, and
documents used in the preparation of bills for services provided to Collier County. Visitation
rights will not be afforded Collier County in those instances where audit or review activities Vail
provide adequate assurance that the terms of the Agreement are being met or where a visit to
the premise by Collier County would compromise Spdnt's ability to protect the proprietary
information of other customers of Spdnt. Expenses incurred by Spdnt for facilitating this
monitoring function may be assessed to Collier County, as identified in the individual articles to
this Agreement.
Ar=£cl~ 1
Co}.l£er County
SECTION XVIII
REVIEW PROCEDURES
The following procedures establish the parameters agreed to by both parties for the conduct of
an audit of the telecommunications services identified in Exhibit 1 of this Article. Audit dghts
and the services to which they apply are further defined in the other articles to this Agreement.
In an effort to minimize the number of on-premise visits, the parties agree to the combination of
subjects for an individual review (for example, billing and collection and revenues).
A. Review Pedo n Fre uenc . Unless agreed otherwise in any additional articles under
this Article 1, neither party may conduct more than one (1) on-site audit/review per calendar
year in each of the party's operating entities. Pedods available for review shall include any
pedod not previously reviewed by the parties and not exceeding twenty-four (24) months
pdor to the scheduled review. Unless mutually agreed by the parties, the on-site review will
not exceed two (2} consecutive weeks in duration. Subsequent reviews will not occur until
such time as the reviewer's previous review is closed, unless mutually agreed by the parties.
B. ~f Review and Res onse. At least forty-five (45) calendar days prior to any
review, the party requesting the review will provide the other party with written notification
outlining the following:
(a) General subject matter to be reviewed (eg billing and collection, revenues)
(b) Proposed period to be reviewed
(c) Proposed review start and end date
(d) Review personnel (inclusive of names and titles)
(e) Data request outlining the areas to be reviewed
(f) Information and resources required to perform the review
(g) Location
The party to be reviewed will respond in wnting to the requesting party's notification within
thirty (30) calendar days of receipt to confirm the schedule and identify the host review te~m
personnel.
C. ~in or onference all. The parties agree to conduct a pre-review meeting
or conference call pdor to the on-site review to discuss procedural details and to clarify the
data request and information requirements. The request for a pre-review meeting or
conference call will usually be included in the review requester's notification letter or in the
party to De reviewed's response.
D. Post onement of the Review Date. If the party to be reviewed elects to postpone the
commencement date, it will so advise the requesting party in writing within fifteen (15)
calendar days of receipt of the notice. The party to be reviewed will state the reason for the
postponement and propose a new commencement date.
Post-Audit/Review Meetin . At the completion of the on-site portion of the review, the party
requesting the review wil conduct a post-audit/review meeting. The purpose
will be to disclose any findings from the review and identify any open issues. J JUN 2
F. Fin IA i vi Finin s R . Forty.five (45) calendar days after the conclusion of the
review, the reviewing party shall provide a formal report of the audit/review findings. The
final report shall contain all relevant findings from the review, including any findings that
might result in the submission of a claim. The final report shall specify any correction action
desired and identify any applicable revenue impacts. The final report shall be the reviewing
party's final response.
G. R n Fin I rt. The reviewed party shall respond within forty-five (45) calendar
days after receipt of the audiVreview final report. The response shall detail any corrective
action taken and, where applicable, respond to identified revenue impacts and identify the
method of compensation to the reviewing party.
Revi f R s lution tatement. The reviewing party will forward a review resolution
statement to the reviewed party within forty.five (45) calendar days after receipt of the
response to final report. The review resolution statement shall attest to the receipt and
completeness of the response to final report and formally declare closure of the review.
~. If a party disagrees with all or part of the findings from the review, it may
submit a claim to the other party. Claims will be handled in accordance with the claims
procedures identified in this Agreement or applicable articles to this Agreement.
SECTION XlX
TERMINATION
This Agreement will continue in effect until all articles under this Agreement are terminated.
Each article, except this Article 1, contains its own termination provision and may be terminated
separately. This entire Agreement, including all articles, may be terminated by either party by
giving written notice to the other party equal to the longest notice of termination pedod specified
in the articles in effect.
SECTION XX
ASSIGNMENT
Except as otherwise expressly provided in this Agreement, the assignment of any dght.
obligation or duty. in whole or in part, or of any other interest under this Agreement without the
written consent of the other party shall be void. A party may assign its dghts, obligations, duties.
or interests under this Agreement to its respective affiliates without the consent of the other
party.
If any affiliate of either party shall succeed to that portion of the business of such party that is
responsible for or entitled to any dghts, obligations, duties or other interests under this
Agreement, such affiliate may succeed to those dghts, obligations, duties and interests of such
party under this Agreement. In the event of any succession under this Section, the successor
shall expressly undertake in writing to the other party the performance and liability for those
obligations, duties and interests as to which it is succeeding as a party to this Agreement; and
the party shall thereafter be relieved of such obligations, duties and interests except for matters
adsing out of events occumng pdor to the date of such undertaking.
15
Ar=lcle 1
Collier Coun=y
SECTION XXl
NO RIGHTS TO THIRD PARTY
This Agreement shall not be deemed to provide third parties with any remedy, claim, dght of
action, or other dght.
SECTION XXll
INDEMNIFICATION
The indemnification provisions of this Section shall apply to all matters adsing under this
Agreement.
To the extent not prohibited by law, each party shall indemnify the other and hold it harmless
against any loss, cost, claim, injury, or liability relating to or adsing out of negligence or willful
misconduct by the indemnifying party or its agents or contractors in connection with the
indemnifying party's performance under this Agreement; provided, however, that any indemnity
for any loss, cost, claim, injury or liability adsing out of or relating to errors or omissions in the
provision of communication facilities or services under this Agreement shall be limited to a credit
allowance as otherwise specified in this Agreement. The indemnifying party agrees to defend
any suit brought against the other party for any such loss, cost, claim, injury or liability. The
indemnified party agrees to notify the other party promptly, in writing, of any claims, lawsuits or
demands for which the other party is responsible under this Section and to cooperate in every
reasonable way to facilitate defense or settlement of claims. The indemnifying party shall not be
liable under this Section for settlement by the indemnified party of any claim, lawsuit or demand
if the indemnifying party has not approved the settlement in advance unless the indemnifying
party has had the defense of the claim, lawsuit or demand tendered to it in writing and has failed
to assume such defense.
No claims under this Section, or claims with respect to charges under this Agreement or
adjustments of such charges, or any other claims with respect to this Agreement may be made
more than two (2) years after the date of the event that gave dse to the claim; provided,
however, that claims for indemnity under this Section may be made within two (2) years of the
accrual of the cause of action for indemnity.
SECTION XXlII
NOTICE
Except as otherwise provided under this Agreement or in the attachments or exhibits hereto, all
notices, demands, or requests shall be deemed to have been duly given when made in writing
and delivered in person or deposited in the United States mail, certified mail, postage prepaid,
return receipt requested; sent via telex: cable; electronic mail or facsimile and addressed as
follows:
16
Co~,~.£~ Co~.~
For Collier County:
Mr. Timothy L. Hancock, Chairman
Board Of County Commissioners
Collier County
3301 East Tamiami Trail
Naples, Flodda 34112
For Spdnt:
Director-Carder Marketing
Sprint-Florida, Incorporated
P. O. Box 165000
Altamonte Spdngs, Flodda 32716-5000
or to such other address as either party may specify by written notice to the other.
SECTION XXIV
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Flodda.
SECTION XXV
SEVERABILITY
If any provision of this Agreement is held invalid, unenforceable or void, the remainder of the
Agreement shall not be affected thereby and shall continue in full force and effect.
SECTION XXVI
AMENDMENTS; WAIVERS
The vadous articles of this Agreement, including exhibits and schedules attached thereto and
incorporated by reference, constitute the entire Agreement between the parties and superse~a
all pdor oral and written agreements, representations, undertakings or proposals with respect to
the subject matter hereof.
In addition, no course of dealing or failure of either party to enforce any provision of this
Agreement shall be construed as a waiver of such provision or any other dghts under this
Agreement. If a party fails to enforce any provision of this Agreement, it is still the responsibility
of both parties to continue to comply with all provisions of this Agreement.
The parties may amend or modify any part of this Agreement only by a written document signed
by the parties to be charged. Such action shall not constitute a modification or change of any
other part of this Agreement unless explicitly stated in such Agreement.
SECTION XXVll
TITLES AND HEADINGS
Titles, headings and table of contents of articles and sections of this Agreement have been
inserted for convenience of reference only. They shall not define, modify or restrict the meaning
or interpretation of the terms or provisions of this Agreement.
County
SECTION XXVIII
INTELLECTUAL PROPERTY
Except as expressly provided herein, nothing contained in this Article shall be construed as
conferring by implication, estoppel, or otherwise any license or right under any patent, trade
name or copyright of either party.
SECTION XXlX
PUBLICITY
Unless otherwise mutually agreed upon, neither party shall publish or use the other party's
name, language, pictures or symbols from which the other party's name may be reasonably
inferred or implied in any advertising, promotion or any other publicity matter relating directly or
indirectly to this Agreement.
SECTION XXX
COMPLIANCE
Where required, Spdnt and Collier County shall ensure compliance with all necessary rules,
licenses and approvals that may be in effect in the local, state and interstate jurisdictions, that
are required in the provisioning and performance of services and facilities covered under this
Agreement. Collier County and Spdnt agree that other such rules could be developed. Both
parties will implement the necessary controls to assure that the other party is held harmless from
any claims or violations of such rules, licenses and approvals outside of its responsibility and
shall indemnify that party for attorney's fees and all costs directly related to violations of such
rules, licenses and approvals.
SECTION XXXI
EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but such counterparts shall together constitute but one and the same document.
18
Az~c £cle 1
Collier County
The parties have executed this Article 1 through their authorized rl~ o~ N crate se~
forth below their signatures. The articles in effect as denoted in the Index of A~tic~es ~
the entire Agreement between the parties. Any other existing ~ Provisio,~ Agreements in
effect between the parties applicable to the subject matter of this Article I - ~ Provisions
Agreement and covering the period subsequent to the effective date of ~ A.'licle 1, shall be of
no force or effect for the time period beginning with the effective date of this Article 1, except
that Collier County shall remain obligated to pay Sprint for any services rerxtered under these
other General Provision Agreements while they are in effect.
WITNESS:
SPRINT-FLORIDA, INCORPORATED
Title: Director-Carder Marketing
$V$
Date:
WITNESS:
COLLIER COUNTY
By: Mr. Timothy L. Hancock,
Title: Chairman, Board of County
Commissioners
Date:
19
Ar=lcle 1
Collier County
EXHIBIT 1 TO ARTICLE 1
In(;;l~x of Article~,
Article
Number
1
3
14
Descfir)tion
General Provisions
Floor Space
Tower Attachment
20
Collier county
AGREEMENT FOR THE PROVISION OF
TELECOMMUNICATION SERVICES AND FACILITIES
ARTICLE 3
LAND/BUILDING SPACE
SPRINT-FLORIDA, INCORPORATED
AND
COLLIER COUNTY
This Article, effective as of the 1st day of May, 1997, between Sprint-Florida, Incorporated,
'Sprint,' and Collier County, 'Collier County', both organized and existing under the laws of the
State of Florida, sets forth the terms, conditions and compensation for the provision of
land/building/rack space as hereinafter described. In consideration of the mutual promises
herein contained, the parties agree as shown below:
SECTION I
SCOPE
The specific premises, the terms of occupancy and the rates are specified in the attached
schedule(s). A separate schedule shall be executed for each leased unit of land/building space.
SECTION II
LEASED PREMISES
Collier County leases and Spdnt lets the premises, each of which is called the "leased
premises," for the term specified in the schedule(s). Included with the leased premises is the
nght to use common areas relating to the particular leased premises.
SECTION III
LAND/BUILDING SPACE MEASUREMENTS
Leased land/building space shall be measured in net square feet, which comprises space
intended for occupancy by Collier County.
SECTION IV
PERFORMANCE STANDARDS
Spnnt snail keep the leased premises free and clear of all encumbrances, restrictions or
limitations on its use within Spdnt's control that prevent or interfere with Collier County's use in
accordance with this Article. If Collier County shall obey and perform all of the covenants of this
Article regarding the leased premises, Spdnt shall provide Collier County with the quiet, peaceful
and uninterrupted use of the leased premises for the specified duration of each attached
schedule.
JUN 2 1997 I
.._.. I
co~£e~ county
Collier County shall not permit the leased premises to be occupied for any business or purpose
that is unlawful or unduly hazardous. Whether or not any activity is unduly hazardous shall be a
decision within the sole discretion of Spdnt. which discretion shall be reasonably exercised.
Spdnt represents that it is not aware of any releases of Hazardous Substances (as defined
below) on the Property. Spdnt will indemnify, protect, defend and hold harmless Collier County
from and against all claims, suits, actions, causes of action, assessments, losses, penalties.
costs, including dean-up costs, damages and expenses, including, without limitation.
reasonable affomeys' fees, sustained or incurred by Collier County pursuant to any federal.
state, or local laws, implementing regulations, common law or otherwise, relating to the release
by Sprint or its agents, employees or cont,'actors of any hazardous substances, hazardous
chemicals, hazardous materials, toxic substances and/or contamination of any type whatsoever
(collectively, 'Hazardous Substances') in, upon or beneath the Property.
Collier County will not bdng to, transport across or dispose of any Hazardous Substances on the
Property without Spdnt's pdor written approval, which approval will not be unreasonably
withheld, except Collier County may keep on the Property substances used in backup power
units (such as batteries and diesel generators) commonly used in the wireless communications
industry. Collier County's use of any approved substances constituting Hazardous Substances
must comply with all applicable laws, ordinances, and regulations governing such use.
Collier County will indemnify, protect, defend, and hold harmless Spdnt from and against all
claims, suits, actions, causes of action, assessments, losses, penalties, costs, including clean-
up costs, damages and expenses, including, without limitation, reasonable attorneys' fees.
sustained or incurred by Spdnt pursuant to any federal, state, or local laws, implementing
regulations, common law or otherwise, dealing with matters relating to hazardous substances
released by Collier County or its agents, employees, or contractors in, upon or beneath the
Property.
Collier County's employees shall at all times while on Spdnt property, facilities, equipment sitJs
or right-of-ways (hereafter referred to as property) comply with all Federal and State
Occupational Safety and Health Administration (OSHA) regulations and all federal, state and
local environmental standards, rules, regulations and orders issued by Federal and State
regulatory agencies.
Before any environmental hazards (defined as any substance the presence, use, transport,
abandonment or disposal of which (I) requires investigation, remediation, compensation, fine or
pbnalty under any applicable law (including without limitation, the Comprehensive Environmental
Response Compensation and Liability Act, Superfund Amendment and Reauthodzation Act, the
Occupational Safety and Health Act and provisions with similar purposes in applicable foreign,
state and local jurisdictions) or (ii) poses dsks to human health, safety or the environment
including, without limitation, indoor, outdoor or orbital space environments, and is regulated
under any applicable law), hazardous chemical as defined by OSHA or hazardous material as
defined by the US Department of Transportation's (DOT) is used, applied or stored on Spdnt
property, Collier County shall provide to Sprint a Matedal Safety Data Sheet (MSDS) for each
hazardous chemical, substance or matenal, Collier County shall also provide to Spdnt the
~xt£cle 3
quantity and/or amount of all hazardous chemicals, substance or materials temporarily or
permanently stored on Sprint property. Collier County shall provide spill response supplies and
procedures to handle any release. Spdnt maintains the dght to refuse the use and/or storage of
any hazardous chemical, substance or material on Spdnt property.
If a Diesel Tank is placed on Sprint's property by Collier County, the Tank must be doublewalled.
Collier County must provide procedures for managing the Diesel Storage Tank to ensure
integrity of tank is maintained and leaks can be identified and repaired in a timely manner.
Collier County must provide the Diesel Tank spill response procedures.
Collier County must provide an emergency point of contact phone number which can be
reached 24 hours a day, 7 days a week, in case of a release.
All flammable chemicals and combustible materials must be removed from Spdnt property at the
end of each tour of duty or must be stored in a metal cabinet specifically designed and marked
for flammables.
All personal injuries, vehicle accidents, spills of hazardous chemicals or hazardous materials or
property damage occurring on Spdnt property must be reported to Spdnt immediately. Injuries.
accidents, spills and property damage may be reported to the local Spdnt supervisor.
Collier County employees while on Spdnt property shall comply with all Sprint safety policies,
procedures and practices concerning employee personal safety as identified by the regional
safety and environmental point of contact.
Collier County employees while on Spdnt property shall not use, possess, or sell illegal drugs,
alcohol, firearms or knives with a three inch or longer blade. In addition, Collier County
employees shall not use prescription drugs which may impair the employee's ability to work
safely.
Collier County employees while on any enclosed Sprint property are prohibited from using any
tobacco products, including but not limited to, cigarettes, cigars, pipes, snuff, chewing tobacco,
etc.
If the leased premises or a portion thereof sufficient to make the leased premises substantially
unusable shall be taken by eminent domain, the attached schedule relating to those premises
shall terminate as of the date of such taking with respect to said premises. Spdnt and Collier
County shall thereupon be released from any further liability hereunder with respect to the
premises taken.
Ar=£cl~ 3
Co11£*r Coun=y
If a part of the leased premises is so taken, leaving a portion thereof unusable, rent shall abate
in proportion to the part taken, Collier County shall have the right to participate in the
condemnation award only to the extent the award is for the value of trade fixtures.
improvements and alterations to the leased premises substantially unusable if such
appropriation or taking results in Collier County's inability to use the facilities in the manner and
for the purposes for which they have been used or are permitted to be used under this Article or
the related schedule(s),
Spdnt shall give written notice to Collier County immediately upon receiving notice of
appropriation or taking.
In the event Collier County remains in possession of any leased premises after the expiration of
either the term granted herein or any renewal pedod, such possession shall be considered a
month-to-month tenancy dudng which time Collier County's obligations under this Article and the
related schedule shall continue as if this Article and the related schedule were in full force and
effect.
Whe~ a separate schedule is for building space, the performance standards shown below shall
also apply. When the space consists of unsecured rack space, the standards specific to Spnnt
are the only ones that apply.
Spdnt shall keep and maintain the building containing the leased premises in good, safe and
proper condition throughout the term of this Article or any renewal thereof and repair the
premises when necessar~ in accordance with Sprint's standards
Collier County may decorate and shall maintain, including janitorial service, and repair the
interior, nonstructural portions of the leased premises.
Collier County shall surrender the leased premises at the termination date set forth in the
schedule(s) attached hereto pertaining to the particular premises. Collier County shall return the
premises in as good condition as received, excepting normal wear and tear.
Whenever Collier County proposes to make any alterations, additions or improvements to any
leased premises, it shall first furnish Spdnt plans and specifications in such detail as Spdnt may
reasonably request describing all such work. Such plans and specifications shall comply with
the requirements as Sprint may from time to time reasonably prescribe. In no event shall any
alterations, additions or improvements to the leased premises be commenced without Spdnt's
pdor written approval of the plans and specifications. Such approval shall not be unreasonably
withhef~t. All such alterations, additions and improvements shall be performed at Collier
Countys expense and in a workmanlike manner in compliance with all governmental
requirements and the terms of this agreement. Work shall be performed at such times and in
such manner as to cause a minimum of interference with other construction in progress and with
Spdnt's transaction of business.
Article 3
Collier County
Collier County shall compensate Sprint for all leasehold improvements made to the premises
specifically requested or necessitated by Collier County's use of the facilities. The method of
calculation of such compensation shall be agreed upon pdor to any improvements being made.
Collier County, at its own expense, may contest any tax or special assessments regarding the
leased premises in any manner permitted by law, in its name and whenever necessan~ and with
Spdnt's permission, In Spdnt's name. Sprint shall cooperate with and execute any documents or
pleadings reasonably required for such purposes; provided, however, that the same shall be
without cost, liability or expense to Spdnt.
At the request of either Collier County or Sprint, the parties agree to execute in recordable form
a memorandum of this Article that may contain any information described by either party with
respect to this Article covedng the leased premises.
SECTION V
USE OF PREMISES
Any leased premise shall be used for connecting Collier County's telecommunications
equipment directly to Spdnt's telecommunications network and for no other purposes without
the written permission of Spdnt, which will not be unreasonably withheld.
The individual schedules attached hereto may contain further restrictions on the use of the
particular premises covered by that schedule.
SECTION VI
TERM OF ARTICLE
The initial term of each schedule is separately specified therein.
The term of this Article shall extend until the expiration of the initial term set forth in the attached
schedules, plus all renewal pedods determined in accordance with Section VII.
This Article shall terminate when the last schedule attached to the Article terminates.
SECTION VII
RENEWAL PERIODS
The renewal terms for each schedule are separately specified therein.
3
county
SECTION VIII
COMPENSATION AND BILLING
Collier County shall pay Spdnt the amounts specified in the attached schedule(s) as
compensation for the se~ices provided pursuant to this Article. Spdnt shall provide Collier
County with a monthly bill. Any special or one-time charges shall be separately itemized.
Monthly bills shall be rendered and payment of billed amounts under this Article shall be in
accordance with Article I, Section XII.
The parties have executed this Article 3 through their authorized representatives on the dates
set fortl~ below their signatures.
WITNESS:
SPRINT-FLORIDA, INCORPORATED
Title: Director-Cartier Marketing
Date: L/~'--~ .~
WITNESS:
COLLIER COUNTY
By: Mr. Timothy L. Hancock
Title Chairman, Board of County Commissioners
Date:
Ar~£cl~ 3
Coll£lr Coun~:y
Schedule I
SCHEDULE 1
TO ARTICLE 3
PROVISION OF UNSECURED SPACE
Building name and address:
Sprint-Florida, Incorporated
Pinecrest Tower
St. Road 94 at Jim Dill Loop
Pinecrest, FL
A diagram of the leased premises, which consists of six (6) square feet, is shown in Exhibit A.
CONTRACT PRICE
Rental for the leased premises shall be thirty-seven dollars and fourteen cents ($37.14) per
month for the term of the lease. Collier County shall pay additional amounts to cover all sales
tax and other taxes to which the leased property is subject as a result of this lease except taxes
based on Spdnt's income. All rents shall be abated for any pedods dudng which said
guaranteed uses are not provided by Spdnt.
CONTRACT TERMS
The initial term of this Schedule shall be for three (3) years commencing on or about May 1st,
1997. Sprint shall use its best efforts to have the contracted space available for use on May 1st,
1997, but Spdnt assumes no liability for failure to do so. No payment shall be due under this
Schedule until the contracted facility is available for use.
In the event Spdnt wishes to sell the leased premises, requires the leased premises for its own
use, or determines that this lease contract is no longer in Sprint's best business interest, this
Schedule shall be terminable with ninety (90) days advance written notice to Collier County. If
termination is due to actions of Collier County, all remaining rent for the life of the lease shall be
due and payable upon demand by Spdnt.
RENEWAL PERIODS
This Schedule will automatically renew unless one (1) of the parties elects not to renew.
Automatic renewals will be for the same pedod as the initial term on the same terms and
conditions, other than price. If either party elects not to renew, it shall notify the other party in
writing of its election no less than ninety (90) days prior to the expiration of the initial term or
renewal pedod.
ADDITIONAL TERMS
Any equipment used on site shall meet standard network requirements so as not to adversely
affect Spdnt's equipment and facilities. Equipment, including installation and grounding
methods, will be subject to inspection by Spdnt. Should the matedal and/or workmanship fail to
meet recognized industry standards, Collier County shall remedy a~arities
within thirty (30) days.
Ar~:lcle 3
Collier County
Schedule 1
Spdnt will extend its central grounding system to Collier County's fadlity on the leased premises
to which Collier County must connect under the supervision and direction of Spdnt. Collier
County shall pay Sprint all reasonable costs for this extension,
Spdnt will provide fire detection service by means of its existing fire detection system. Spdnt
shall not be liable to Collier County or its customers for damages or losses resulting from the
failure of any of the aforesaid facilities to operate unless the failure was caused by Spdnt's sole
gross negligence or willful misconduct. In no event shall Spdnt be responsible for indirect or
consequential damages.
All improvements made to the leased premises are the property of Sprint and shall remain
Spdnt's property upon the termination of this Schedule.
Spdnt grants limited access subject to reasonable prior notification and check-in procedures
and/or purpose verification as specified by Spdnt for the purpose of installation, repair and
inspection of said equipment. Access for installation, repair and inspection will be given to
Collier County's designated employees, agents and independent contractors. Spdnt shall not
be responsible for actions of persons provided hereunder. Access will not be unreasonably
withheld. For routine work, forty-eight (48) hours shall be reasonable pdor notice. Sprint shall
supervise all activities of Collier County or persons working for Collier County while on Spdnt's
premises and agrees to pay Spdnt for one (1) employee for such supervision at the rates shown
below:
Basic Tim~heduled workin hoG...b..o_v..rs_)
First half hour or fraction thereof
Each additional half hour or fraction thereof
$33.00
22.50
~utside of normally..s_.cheduled work~
First half hour or fraction thereof
Each additional half hour or fraction thereof
$34.75
24.40
Premium Time ~f scheduled work day.).
First half hour or fraction thereof
Each additional half hour or fraction thereof
$44.80
29.70
Spdnt shall not be responsible for actions of persons provided access hereunder. In all events,
Spdnt's own requirements for access to and work on Spdnt's property shall take precedence
over Collier County's requirements.
Smoking is prohibited in all buildings located on Sprint's property. Collier County agrees that its
employees and agents shall not smoke while on Spdnt property.
6/97
Article 3 Schedule
Collier County
Collier County agrees to assume full liability for damages or injury to persons or property
resulting from its use or occupancy of the leased premises. Collier County shall hold Spdnt
harmless from: (i) any claim or action adsing from Collier County's use or occupancy of the
leased premises; and (ii) any claim or action relating in any way to the leased premises while
Collier County is occupying or using the leased premises. Collier County shall maintain during
the time this Schedule is in effect public liability and property damage insurance in the minimum
amounts shown below:.
Public Liability
Property Damage
Automobile Coverage
Umbrella Coverage
Worker's Compensation Insurance
$500,000 as to any one occurrence
$500,000 as to any one occurrence
$500,000 as to any one person
$500,000 as to any one occurrence
$500,000 property damage - each occurrence
$1,000,000
Flodda Statuton/Minimums
Collier County shall have each insurance carrier furnish Spdnt with certificates confirming the
above insurance coverage with Spdnt named as an additional insured. The certificate shall
provide that coverage will not be terminated without fifteen (15) days prior written notice to
Sprint. Collier County's failure to comply with the requirements of this paragraph shall be a
default for which Spdnt may immediately terminate this Schedule.
Any signage Collier County wishes to place on the premises shall be approved by Spdnt in
writing before placed on the premises.
Collier County wilt provide the rack that will occupy this space.
Sprint shall provide one 15 amperage, 100 volt AC power circuit for Collier County's use. In
situations where Collier County requires higher amperage AC power, Spdnt will work
cooperatively with Collier County to ensure that specific power requirements are met. Should
Collier County require additional electdc capacity, such capacity will be supplied by Spdnt.
Collier County will pay Spdnt an additional fee in an amount to be agreed upon by both Sprint
and Collier County at the time of the request.
Spdnt reserves the right to monitor Collier County's use of electricity to determine if the
electricity provided is sufficient to support Collier County's rack space. If Sprint determines that
the electricity provided is insufficient to support Collier County's rack space, Sprint may require
the installation of additional electrical circuits to provide Collier County with additional electricity.
Collier County shall reimburse Spdnt for any expenses incurred in making such additional
electrical circuits available to Collier County.
7
ScheduLe
If the terms of this Schedule I to Article 3 are in conflict with the terms of Articles I or 3. the
terms of this Schedule 1 to Article 3 shall prevail over the terms of Articles 1 or 3.
The parties have executed this Schedule I to Article 3 through their authorized representatives
on the dates set forth below their signatures.
WITNESS:
SPRINT-FLORIDA, INCORPORATED
Tittle: Director - Cartier Marketing
Date: ~~
WITNESS:
COLLIER COUNTY
By: Mt. Timothy L. Hancock
Title: Chairman. Board of County
Commissioners
Date:
ExhLb].t A
?vl~','(VAol S 4,]'0
24'-0' '
25' -4' '
17' -8' '
¥?y
~-~£c~ ~4
Co~£e~
SPRINT-FLORIDA, INCORPORATED
AND
COLLIER COUNTY
AGREEMENT FOR THE PROVISION OF
TELECOMMUNICATIONS SERV1CES AND FACILITIES
ARTICLE 14 - TOWERS
This Article, effective as of the 1st day of May, 1997, between Sprint-Florida, Incorporated,
"Sprint," and Collier County, "Collier County," both organized and existing under the laws of
the State of Flodda. The parties agree as follows:
SECT1ON I
SCOPE
This Article specifies the dghts and obligations of the parties where Collier County occupies the
towers of Spdnt. Towers are structures of varying heights and designs that are used to support
antenna of vadous designs as well as passive reflectors for transmitting and receiving
microwave radio and mobile radio signals.
SECTION II
DEFINITIONS
A. Attachments - devices mounted on a tower, which may include, but are not limited to. an
antenna, reflector, waveguide, and ice shield with associated mounting hardware.
B. Make-Ready Work - all work including, but not limited to, the rearrangement of existing
facilities and the addition of strength or height to the tower to accommodate Collier County's
communication facilities.
SECTION III
TERM, PRICE, AND OTHER SPECIFIC CONDITIONS
A description of each tower and attachment subject to this Article, together with a statement of
the monthly charges for and the term of each attachment, is contained in each schedule to this
Article. The term of this Article shall extend until the expiration of the initial term set forth in the
schedules, plus all renewal periods. This Article shall terminate when the last schedule attached
to the Article terminates.
SECTION IV
ADDITION OR REMOVAL OF ATTACHMENTS
A minimum of sixty (60) days shall be required to process an application for making an
attachment to or removing an attachment from a tower.
6/91
Article 14
Collier County
SECTION V
MAKE-READY WORK AND ENGINEERING WORK
When a request for attachment to a tower is submitted by Collier County, engineering work may
be required to determine the existing height and strength of the tower to assure that the
structure can accommodate Collier County's communications facilities. Collier County shall be
charged for the reasonable cost of such engineering work.
A field inspection that requires the visual inspection of the existing tower may be performed by
Spdnt or Collier County. The engineering work, which includes the processing of Collier
County's request, the preparation of the make-ready work orders, the coordination of work
requirements, and the random field verification of construction activity, shall be performed by
Spdnt.
When Spdnt intends to perform any portion of the field inspection, Spdnt shall advise Collier
County, in advance and in writing, of the estimated charges that apply and receive written
authorization from Collier County before undertaking such inspection.
When Collier County performs the field inspection (at the direction of Sprint), the field inspection
results shall be furnished to Spdnt in a format specified by Spdnt and according to standards of
accuracy and completeness satisfactory to Spdnt. In view of Spdnt's common carder obligations
to maintain safe, adequate service, Spdnt shall retain the dght to perform its own field inspection
if, in the sole judgment of Spdnt, the data furnished by Collier County does not comply with the
performance standards as prescribed by Sprint. Collier County shall be charged the reasonable
expense incurred by Sprint to perform its own field inspection.
In the event Spdnt determines that a tower to which Collier County desires to attach is
inadequate and requires reinforcement or rearrangement of the existing facilities thereon to
accommodate Collier County's communications facilities, Sprint shall advise Collier County in
writing of the estimated make-ready charges that shall apply. Such charges shall include all of
the costs of reinforcement or rearrangements.
Collier Count%, shall have sixty (60) days from the receipt of estimated charges to indicate its
written authorization for completion of the required make-ready work and agreement to pay the
actual costs of such work. Make.ready work shall be performed by Sprint following receipt of
the required written authorization and agreement from Collier County. Collier County shall, on a
monthly basis, pay Spdnt for all make-ready work completed in accordance with the provisions
of this Article, and Collier County shall make arrangements directly with the owners of other
facilities attached to such towers regarding reimbursement for any expense incurred by them in
transferdng or rearranging their facilities to make such attachment accommodations available.
Collier County shall not be entitled to any moneys paid to Spdnt for the facilities on a tower by
reason of the use by Sprint, governmental entity, or other authorized user of any additional
capacity resulting from such replacement or rearrangement.
Ar1: £cle 3.4
Co].%~r Count:y
Should Sprint or a governmental entity having tower accommodation rights for its own service
requirements need to attach additional facilities to any tower to which Collier County is attached,
Collier County shall rearrange its facilities as determined by Sprint so they may be
accommodated. The cost of such rearrangement shall be at the sole expense of the party
requesting the rearrangemenL If Collier County does not rearrange its communications
facilities within ninety (90) days after the receipt of written notice from Spdnt requesting such
rearrangement, Spdnt may perform or have performed such rearrangement without liability on
the part of Sprint.
All make-ready work, engineering work, and attachment work performed by Sprint for the sole
benefit of Collier County shall be paid for by Collier County and included in Collier County's
monthly bill.
SECTION VI
RESTRICTIONS ON COLLIER COUNTY'S RIGHTS
No use, however extended, of towers or payment of any costs or charges required under this
Article shall create or vest in Collier County any easements or any ownership or property rights
of any nature in such towers. This Article shall not constitute an assignment of any of Spdnt's
dghts to use the public or pdvate property at locations of such towers.
Spdnt's right to locate and maintain its towers and to operate its facilities in conjunction
therewith in such a manner as will best enable it to fulfill its service requirements is in no manner
limited by this Article.
SECTION VII
LEGAL REQUIREMENTS
Collier County shall be responsible for obtaining from the appropriate authority any required
authorization to construct, operate, and/or maintain its communications facilities on public and/or
pdvate property before it attaches its communications facilities to any of Spdnt's towers located
on such public and/or pdvate property. Collier County shall assume the responsibility for
assuring all radio interference studies have been made. Collier County will obtain Federal
Aviation Administration (FAA) approval as required.
No dght to attach under this Article shall extend to any tower where the attachment of Collier
County's communications facilities would result in a forfeiture of dghts of Sprint or joint users to
occupy the property on which the tower is located. If the existence of Collier County's
communications facilities on a tower would cause a forfeiture of the right of Sprint to occupy
such property, Collier County agrees to remove its communications facilities forthwith upon
receipt of written notification from Spdnt. If said communications facilities are not so removed,
Sprint may perform and/or have performed such removal after the expiration of one hundred
eighty (180) days from the receipt of said written notification without liability on the part of Spdnt.
In such case, Collier County agrees to pay Spdnt the cost thereof and reimbursement for all
losses and damages that may result. Notwithstanding the foregoing, the provisions of this
section shall be conditioned upon Spdnt's providing alternative, suitable facilities from then-
existing facilities, if such facilities are available. If existing alternative suitable facilities are not
available, Sprint shall not be required to construct new facilities to accommodate Collier County.
Article 14
Collier County
SECTION VIII
PERFORMANCE STANDARDS, CONSTRUCTION,
MAINTENANCE AND REMOVAL OF COMMUNICATIONS FACILITIES
Towers shall be maintained in a safe and serviceable condition by Sprint. Collier County and
Spdnt have the responsibility to maintain their respective attachments in a manner that will not
endanger or harm the public, the structure, or the attachments of others. Spdnt shall not be
responsible for any damage caused to Collier County's equipment by "Force Majeure
Conditions" contained in Article 1, Section X. Collier County shall, at its own expense, furnish
and place the necessary hardware to attach its antenna to the tower structure and, where
appropriate, ice shields under its antenna.
All construction will be performed by a person whose qualifications are acceptable to Spdnt.
Spdnt retains the dght to supervise any and all construction on its premises, and Collier County
agrees to pay Spdnt's current rate for one (1) employee supervising the construction.
The type, design, and method of attachment of Collier County's hardware shall be approved by
Spdnt. Specifications and drawings must be submitted to Spdnt by Collier County no less than
sixty (60) days before construction begins. Final approval of hardware and attachment design
must be approved by Spdnt before the attachment to the tower can be made.
Collier County shall notify Sprint in writing at least thirty (30) days before adding to, relocating.
replacing, or otherwise modifying its facilities attached to a tower where additional space or
holding capacity may be required on either a temporary or permanent basis.
Collier County's communications facilities shall be placed and maintained in accordance with the
requirements, specifications, and standards of Spdnt, the National Electrical Code (NEC), and
the National E~ectdcal Safety Code (NESC), all of which are incorporated by reference in this
agreement, including the rules and regulations of the Occupational Safety and Health Act
(OSHA) and any governing authority having jurisdiction over the subject matter. Where a
difference in specifications may exist, the most stringent shall apply.
If any part of Collier County's communications facilities is not placed and maintained in
accordance with the preceding paragraphs and Collier County has not corrected the violation
within sixty (60) days from receipt of written notice thereof from Spdnt, Spdnt may at its option
correct said condition. Spdnt shall attempt to notify Collier County in writing pdor to performing
such work whenever practicable. However, when such conditions pose an immediate threat to
the safety of Spdnt's employees or the public, interfere with the performance of Sprfnt's service
obligations, or pose an immediate threat to the physical integrity of Spdnt's facilities, Spdnt may
perform such work and/or take such action that it deems necessary without first giving written
notice to Collier County. As soon as practicable hereafter, Sprint shall advise Collier County in
writing of the work performed or the action taken and shall endeavor to arrange for
reaccommodation of Collier County's facilities so affected. Collier County shall be responsible
for paying Spdnt for all work and reaccommodation performed by Spdnt under this paragraph.
Collier County's liability for payment of any costs under this section shall be limited to those
costs reasonable under the circumstances.
Ar~.£cle 14
Collier County
Spdnt grants limited access subject to reasonable pdor notification and check-in procedures
and/or purpose verification as specified by Spdnt for the purpose of maintaining, inspecting and
otherwise working on said equipment. Access to the tower on which Collier County's antennae
and feed line are mounted will be given only to, and all work thereon will be performed only by a
person who, within the sole discretion of Spdnt, is fully qualified for this purpose. Access will not
be unreasonably withheld.
In the event of termination of this Article, Collier County shall remove its communications
facilities from Spdnt's towers within one (1) month from the date of termination; provided.
however, that Collier County shall be liable for and pay all costs and charges pursuant to terms
of this Article to Spdnt until Collier County's communications facilities are actually removed from
Spdnt's towers.
If Collier County does not remove its communications facilities from Spdnt's towers within the
applicable time periods specified in this Article, Spdnt shall have the right to remove them at the
expense of Collier County and without any liability on the part of Sprint to Collier County.
SECTION IX
INSPECTION OF COLLIER COUNTY'S COMMUNICATIONS FACILITIES
DURING AND AFTER CONSTRUCTION
Sprint reserves the dght to make reasonable, pedodic construction inspections of any part of
Collier County's communications facilities attached to Spdnt's tower. Collier County shall be
charged for the reasonable cost of such inspections. If Spdnt's post construction inspection
reveals that any part of Collier County's communications facilities is not constructed in
accordance with the standards specified, Spdnt shall advise Collier County in writing of the
items requinng correction and Collier County shall have a maximum of thirty (30) days in which
to make such corrections.
The making of pedodic inspections or the failure to do so shall not operate to impose upon
Spdnt any liability of any kind whatsoever nor relieve Collier County of any responsibility,
obligations, or liability under this Article.
SECTION X
RESTORATION OF SERVICES
In the event a tower is damaged and needs to be repaired, it will be the responsibility of Spnnt to
coordinate the restoration activities with Collier County. Every reasonable effort shall be made
by Collier County and Spdnt to protect each other's attachments dudng restoration.
Restoration of all service shall be accomplished as expeditiously as practicable taking into
consideration safety and design considerations.
~-~£c~e ~4
Col~£e~ Coun~
SECTION Xl
TERM OF AGREEMENT
This initial term of each schedule is separately specified therein. The term of this Article shall
extend until the expiration of the initial term sat forth in all schedules, plus all renewal pedods
(determined in accordance with Section XII). This Article shall terminate when the last schedule
attached to this Article terminates.
SECTION Xll
RENEWAL PERIODS
The renewal terms for each schedule are separately specified therein.
SECTION Xlll
COMPENSATION AND BILLING
Collier County shall pay Spdnt the amounts specified in the attached schedules as
compensation for the services provided pursuant to this Article. Spdnt shall provide Collier
County with a monthly bill. Any special or one-time charges shall be separately itemized.
Monthly bills shall be rendered and payment of billed amounts under this Article shall be in
accordance with Article 1, Section Xll.
The parties have executed this Article 14 through their authorized representatives on the dates
set forth below their signatures.
WITNESS:
~C. 7~ '!
SPRINT-FLORIDA, INCORPORATED c- :.,-
By: Brooks B. Albery (~/
Title: Director. Carder Marketing
Date: F'-'/'-~ ~' "~
WITNESS:
COLLIER COUNTY
By: Mr. Timothy L. Hancock
Title: Chairman, Board of County
Date:Commissioners
Article 14
Collier County
SCHEDULE 1 TO ARTICLE 14
TOWERS
This Schedule I to Article 14 is effective as of May 1, 1997.
CONTRACT PERIOD
The initial term of this schedule shall be for three (3) years commencing on May 1, 1997, and
terminating on May 1, 2000. In the event Spdnt wishes to sell or remove the Pinecrest tower,
the lease shall be terminable with two hundred seventy (270) days advance written notice to
Collier County. If termination is due to actions of Collier County, all remaining rent for the life of
the lease shall be due and payable upon demand by Spdnt.
RENEWAL PERIODS
This schedule will automatically renew unless one of the parties elects not to renew. Automatic
renewals will be for the same time pedod as the initial term on the same terms and conditions.
other than pdce. If either party elects not to renew, it shall notify the other party in writing of its
election no less than ninety (90) days pdor to the expiration of the initial term or renewal pedod.
IDENTIFICATION OF EQUIPMENT
Collier County will permanently mark/tag all equipment placed on Spdnt's tower for
identification purposes and annual inspection to ensure proper maintenance.
TOWER ATTACHMENT DESCRIPTION
Tower space at the 300 foot level for 2 antenna(e) operating at 806-860 MHz (based on a 12
foot whip antenna).
LOCATION: ~ Monroe ~
State County Exchange
,~5 45 44N 80 56 10W
Latitude Longitude
OTHER NOTES
Proof of FAA clearance (FAA Form 7460-1) must be provided to Sprint before the
antenna(e) is mounted to the tower.
Tower analysis and post construction inspection?will be at Collier County's expen~
Article 14
Collier County
CONTRACT PRICE
The monthly contracted price is:
First Attachment $ 300
Second Attachment $ 270
Total
570
The parties have executed this Schedule I through their authorized representatives on the
dates set forth below their signatures.
VVITNESS:
SPRINT. FLORIDA, INCORPORATED
Title: Director- Carder Marketing
Date: ~
WITNESS:
COLLIER COUNTY
By: Mr. Timothy L. Hancock
Title: Chairman, Board of County
Commissioners
Date:
BUDGET AMENDMENT REQUEST
FUND TITLE 800 iV[Hz IRCP FUND NO. 188
Date prepared: 6/6/97 Attach Executive Summary
BCC Agenda date 6/24/97 ItemNo. 160 (2)
if previously approved.
EXPENSE BUDGET DETAIL
800 MHz IRCP
Cost Center Title
Expenditure
Object Code
641400
644600
649990
Expenditure
Title
Tele Direct Line
Rent -Equip
Misc Services
Increase
(Decrease)
$ 2,700
S 3,000
$ 3,000
Current
Budget
S 3,500
S58,000
Revised
Budget
S 6,200
S61,000
TOTAL $8,700
ICost Center Title ~er No. ]~Project Title
Expenditure Expencliture Increase Current
Object Code Title (Decrease) Budget
Revised
Budget
TOTAL
RESERVES
Cost Center Title
REVENUE BU~
919010
Cost Center No.
Revenue
Object Code
993000
Revenue Title
b~serve for ~
)utlay
Increase
(Decrease)
(S8,'/00)
TOTAL
Current
S430,900
Revised
Budget
S 422,200
EXPLANATION
Why are funds needed? Ericsson Inc. ,Collier Coun~"s vendor for the 800 M]-l.z system is
providing an additional radio to~ver site to improve coverage in the southeast portion of
the county.. This budget amendment covers reoccuring costs associated with operation of
the site not site acquisition and development costs which are the responsibility of the
vendor.
Where are funds available? Fund 188 reserx'es
REVIEW PROCESS
Cost Center Director~~~
Division Administrat,
Budget Department:
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
DATE ]
EXECUTIVE SUMMARY
REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE
SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS
AUCTION OF JUNE 7, 1997.
~ To present the results of the recent County property auction to the Board of
County Commissioners for ratification.
~ On May 27, 1997, the Board of County Commissioners authorized staff
to conduct an auction of specified County-owned asserts for the purpose of disposing of these
items and generating revenues for the county
Prior to the auction, several County agencies requested transfer of the assets approved for
disposition. Accordingly, these items were turned over to the requesting agencies. Attached is
the list of items approved for disposition that have been transferred to County departments.
There were twelve terminals donated to the Naples Freenet per the authorization ofthe Board of
County Commissioners on May 27, 1997.
The June 7, 1997 auction generated $310,173.50 in actual gross revenues and $285,359.62 in net
revenues. The breakdown of gross and net revenues between the Board of County
Commissioners, Sheriff's Office and Property Appraiser is as follows:
AGENCY
Board of County Commissioners
Collier County Sheriff
Property Appraiser
GROSS REVENUE NET REVENUE
$287,621.00 $264,611.32
$ 15,502.50 $ 14.262.30
$ 7,050.00 $ 6,486.00
The auction was conducted on behalf of the County by First Coast Auction & Realty,/nc.
Altogether, more than $$03,000.00 in auction sales have been generated in the current fiscal
year. Accordingly, the expense and revenue budgets need to be increased by $12,000.00 to pay
the auctioneer's commission for the 3une 7* event.
In order to eliminate any opportunity for delay in receiving the sale proceeds, the auctioneer is
required to turn over the gross proceeds from the sale to the County on the day of the event.
One fleet vehicle, asset # 900007 was sold to a bidder who walked away from the purchase.
Attempts through the auctioneer and the Sheriff's Department to find the buyer were
unsuccessful. Fleet Management is now in possession of this vehicle and will place it in the next
surplus auction.
Executive Summary
June 24, 1997
Page 2
~ Net revenues have been allocated as follows:
DEPARTMENT I~D NET PROC£EDS
Road & Bridge I01 $204,494.84
Public Works 408 $ 1,798.60
Airport Authority 495 $ 41.40
Dept. of Revenue 510 $ 4.60
Fleet Management 521 $ !,791.24
Fleet Management 522 $ 49,496.00
OCPM 589 $ 222.18
General Fund 001 $ 6,762.46
Total
$264,611.32
None
~ That the Board of County accept and ratify the revenues for the
County Auction held on June 7, 1997 pursuant lo the itemized sales ITpon attached herein,
disu'ibute the funds to the proper agencies and approve the attached budget ammendment.
PREPARED BY: ~
Claire Oss, Purchasing Technician
Purchasing Department
Ste~ Oamell, CSM, Director
Purchasing,/General Services Dept.
REVIEWED BY:~ Support Services Division
FIRST COAST AUCTION & REALTY, INC
P O BOX 7878 JACKSONVILLE. FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
Al. sale~
~:; '3:; Item Description Tax Price
page 1
Qty Total
522
522
522
tls 1
£~0 2
336 3
301 4
33i 5
,~iS 6
91 CHEV CAVALIER y
1G13C4G4MJ184117 69162 WHITE
1156
90 CHEV CORSICA y
1G1LT54T9LY192684 57328 WHITE
1148
91 CHEV CAVALIER Y
1G1JC54G9MJ171886 91931 WHITE
1150
91 CHEVY CAVALIER y
91 CHEV CORISCA y
90 CHEVY CAVALIER y
91 CHEV K 1\2 TON TRUCK Y
]GCK'429MZ156622 114377 WHITE
1157
89 CHEV 3',4 TOt; TRUCK y
IGCFC2425KE210752 55427 WHITE
92 CH£'.' 1\2 TON TRUCK y
1GCDC14ZOPE166121 106823 WHITE
9! CHE'.' 3',,4 TON IRUCK y
!GCFK24Z7ME145232 073401 WHITE
1155
89 CHEV COR!SCA y
1G1LT54WXKE226867 058966 WHITE
1143
S~ CHEV 3\,4 TON TRUCK Y
iGCFC~4Z2KE210613 054217 WHITE
?~ Gl.lC ONE TON UTILITY y
~? CHE'.' CORSICA y
..... %54wgKE218274 083848 WHITE
1145
89 PONTIAC BONNEVILLE y
1G2HM54CXKW243254 079031 WHITE
1140
1992 CHEV CORSICA y
IGILS'5342NYI66506 040280 WHITE
1233
1590 CHEV CORSICA y
iG]LT'S.lTSLE185612 035119 WHITE
1232
1G.':~:"gZOMB16034 081106 WHITE
2,300.00
2,500.00
2,000.00
2,600.00
2,850.00
1,950 00
5,000.00
4,800.00
5,400.00
5,050.00
1,900.00
4,550.00
1,950.00
1,900.00
2,900.00
3,950.00
3,100.00
5,300.00
JUN 2 1997
".,,'. - lO- i~;".-
FIRST COAST AUCTION
ic.] ,3.~C 37
REALTY& INC
F' O BOX ,878 JACKSONVILLE. FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
Description Tax
90 CHEV CAVALIER
1G13C14G2iJ224449 53697 WHITE
1146
90 CHEV CORSICA y
1G1LT54T9LY192667 056653 WHITE
1149
87 FORD F-700 DUMP y
1FDNFTOHVA30335 EXEMPT WHITE
1124
87 FORD F-700 DUMP y
1FDNFTOH5HVA30334 EXEMPT WHITE
1123
87 FORD F-700 DUMP y
1FDNFTOH1HVA30332 EXEMPT WHITE
S? FORD F-700 DUI.!P y
!FD::FTOHXKVA40672 078455 WHITE
112£
Si' FORD FT00 DUMP y
:;5 FLAT BEE CbC DUMP y
I~2~;F?CHMK'.'A40669 084611 WHITE
11-o.
S~.l. ~ . 2 iC':: TRUCK W~DUMP Y
lGD36D1AOGV540135 EXEMPT WHITE
1132
St FLAT BED C\C DUMP y
lF2!;FTOHSKVA40668 145856 WHITE
1120
Se; F~RD F-700 DUMP y
lYDNF'0HSKVA40671 137776 ?:HITE
~" r''Y ~,.C DUMP y
...... BED "'
KS-'
z.:~ ..... LOADER y
7~ FZ, RD 5600 TRACTOR y
J2H:;__ DEERE 40lB TRACTOR y
. , ~r.., DEERE ~01B TRACTOR Y
1115
77 3OHN DEERE 40lB TRACTOR Y
111~
79 Y:TqD 6600 TRACTOR y
1113
Price Qty
page 2
Total
*** Not sold ***
1
1
1
1
1
1
1
1
2,800.00
4,200.00
5,200.O0
5,200.00
7,000.00
6,900.00
7,600.00
4,100.00
6,450.00
1 6,000.00
I 8,800.00
1 2,150.00
i 4,000.00
1 7,600.00
1 2,900.00
1 2,800.00
i 4,200.00
I 4,200.00
FIRST COAST AUCTION
Ail sales
SN BN Item
& REALTY, INC
P O BOX 7878 JACKSONVILLE, FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
Description Tax Price
page 3
Qty Total
1,~1 ]25 39
lOl 595 42
',.' 654 43
1~: ~;., -;4
86 FORD 5900 TRACTOR y
1119
FORD TRACTOR y
87 FORD 6610 TRACTOR y
1120
88 VERMEER CHIPPER y
1106
S4 3CB 1550 BACKHOE y
1i13
86 3CB 1400B B\H W\WAIN ROY Y
ATTACHMENT
1114
84 BADGER 460 HYDROSCOPIC y
EXCAVATOR
ilC'S
S£ BADGER 444 HYDROSCOPIC y
EXCA'.'ATOR
! !'1.7
$, GALLON T5000C MOTOR Y
tJF'A °' r ~
· ~_:.~ 00-09190 1109
c~ F'AT-ALLiS FG-95 MOTOR Y
I--'.'; 1" Ii10
$~ FIAI-ALLIS FG-75 MOTOR Y
GRADER
43500278 438278 1111
ES DRESSER 5145 LOADER y
1122
-g' EINYRE ASPHALT y
2iSTRIBUICR
CHEkt:.KEE 21' EQUIPMENT y
IRAI LER
-..~0,'.,.~ TRAILER y
1226
2'!i"-F. 3KEE 21 ' EQL'IPi-IENT y
'RA] I.ER
!225
S8 AIHEY M-$ MOBIL SWEEPER y
!112
86 CHEV PICK UP y
1GCDR14ZSHSl14656 EXEMPT BROWN
809S
86 CHEV PICK UP y
2GC1E14H3Gl182488 WHITE EXEMPT
~6.5S
4,900.00
4,700.00
6,500.00
4,500.00
11,000.00
9,500.00
6,250.00
11,250.00
9,000.00
12,500.00
25,000.00
20,500.00
800.00
700.00
35O.OO
300.00
4,300.00
1,300.00
2,600.00
I JUN 2
F!RS~ COAS~ AUCTION & REALTY, INC
~' O BOX 7878 JACKSONVILLE, FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
All sale.'
S~: ~:: Item Description Tax Price
page 4
Qty Total
5
691
.-;7
682
203
204
205
20~',
:.?7
25.]
2££
:.53
2O5
84 FORD STATIONWAGON y
1FABP4033EG234238 EXEMPT
YELLOW 954S
89 OLDS CIERA y
2G3AJ51W4K2419441 110063 WHITE
298S
92 FORD CROWN VIC y
2FACP72W2NX200895 104221 WHITE
257S
90 CHE'.' CAPRICE y
l~-BLB--'ILA135080 113976 GOLD
1038S
91 FORD CROUH ".'lC y
]2FACP72GOMXl-?124 89901 WHITE
89 FORD CROWN VIC y
2FABP72F1KX155262 114610 BLUE
9~ CHE'.' CAPRICE y
lc'~' :'72LA134455 103009 WHITE
& ' t_sat y
BOX CF AU]O PARTS y
I RA::S 3ACK y
BUMPER JACE y
P£F. RECOVERY SYS y
UTiLiTY TRAILER y
~ ::CR CPU i 2 KEYBOARDS y
, PACE II MODEMS y
FUJITSU NETWORK y
5 :']ISC CPU g 4 KEYBOARDS y
- MiSC MONITOR & TE~4INAL y
~ PRINTERS y
3 EISC BOXES COPMPUTER y
PRESSURE CLEANER y
1175
RSBi" NEEDEATER y
R:. h:" :':EE~EATER y
;' ~::i ," ~ ' ; ' '
- .~.-,.-~Lk y
A " RECC".'ER REC~IMER y
11: '
8EAR A kC RECOVERY STATION
llV3 Y
1 450.00
1 2,500.00
1 1,800.00
I 1,300.00
i 1,300.00
I 900.00
1 1,800.00
1 100.00
i 10.00
I 125.00
1 275.00
1 450.00
1 300.00
i 7.50 ¢
1 5.00
1 30.00
I 150.00
i 30.00
i 65.00
i 5.00
1 425.00
1 10.00
1 15.00
50.00
200.00
175.00
FIRST COAST AUCTION & REALTY. INC
F C BOX 7878 JACKSONVILLE. FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
iI sales
.£N BN Item Description Tax Price
5: I ¢.72
551 594
9~u 553
910 624
.
306 STUHL CHAINSAW y
1182
307 JOHN DEERE BLOWER y
1179
308 ROSEMAN 3 GANG REEL MOWER Y
1220
309 2 BOXES PVC PARTS y
1095
310 FORD BELL HOUSING y
1186
311 FORD F-700 TRANSMISSION y
1185
312A FIRE HYDRANTS y
312B FIRE HYDRANTS y
~" F/RE HYDRANTS y
312E FIRE HYDRANTS y
312F FIRE HYDRANTS y
312G FIRE HYDRANTS y
312C FIRE HYDRANTS y
~12,7 Fl~f HY DRANIS y
.... ~ F/~E HY2RANiS y
]1"~' FZRE HYDRA:;IS y
312 3ACOBSON GOLF CART y
~" ' 3~C.B.E,, MOILER y
123]
;! ' SIORAG5 TANK-P~STIC y
1086
212 HOMELITE PUMP y
1!83
~]~' HO>'.ELITE PUMP y
'2 "'~ ~'~ EDGER y
~' . ~<C'LA~E EDGER y
~ :~ & ~:Y~R'ncCOPIC BUCKETS y
322 BUCKE/ y
32.; BUCKEi y ·
3[~5 BUCKET y
~2<, BL'CKEI' y
page 5
Qty Total
200.00
35,00
25.00
70.00
2.50
2.50
22.50
22.50
22.50
22.50
22.50
22.50
22.50
22.50
22.50
22.50
22.50
125.00
850.00
550.00
225.00
30.00
150.00
175.00
110.00
90.00
125.00
425.00
125.00
100.00
100.00
FIRST COAST AUCTION
All sales
.'.' ~' 5
91C 24
Df0 24
:,- . 6.;
2i, 2..
Item
329
330
331
332
333
& REALTY, INC
P O BOX 7878 JACKSONVILLE, FL 32238
(904)772-0110 Fax: (904}777-8783
COLLIER COUNTY SURPLUS 6-7-97
Description Tax
85 BUSH HOG y
1133
93 LAND PRIDE y
1135
JACOBSEN MOWER y
1230
TORO 3 GANG REEL MOWER y
1229
PORTABLE STAIR y
1177
JOHN DEERE 626 AMT CART y
1227
JOHN DEERE 626 AMT CART y
1228
CL'SH:.~A:' AEREATOR ATIACHMENT y
]222
YC'RK RAKE y
DIXIE CHOPPER MOWER y
2 STACKING CHAIRS y
CMA I k~J y
df ;':i. ODEN CHAIRS y
10~,~
21 SMALL STACKING CHAIRS y
1079
]1 F~.LF.I.,~ CHAIRS y
!0-2
~<C'99E~; CHAIR W/AR~.I y
~':~'.-~: ,', 'ARM
Y
CA t
]O05~.'.P CAD TABLE y
F'L5 CABINET y
1006
D~..Ai<E~ FILE CABINET y
i '. l'.;
F'~"'ANGULA~ TABLE y
~C'I;EFAX 340 FAX MACHINE y
r.... ~;~ L
l'2f, Z Y
P'~.,,,r .... IC ~SER PRINTER y
1159
Qty
page 6
Total
25O.O0
600.00
1,250.00
250.00
70.00
575.00
775.00
50.00
150.00
300.00
0.500
0.500
55.00
55.00
30.00
20.00~
20.00
2.50
2.50
30.00
2.50
2.50
5.00
25.00
15.00
15.00
FIRST COAST AUCTION
[~:; Item
950 4~5
& REALTY. INC
P O BOX 7878 JACKSONVILLE. FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
Description Tax
Price Qty
page 7
Total
i 40.0O
666
666
¢65
416
417
418
419
420
421
4£ .:
PANASONIC LASER PRINTER y
1160
EPSON PRINTER y
1009
EPSON PRINTER y
1010
DOT MATRIX PRINTER y
1023
HP DESKJET 500 y
1219
1RoECIA:;GL' LAR TABLE y
76
LA70 PRINTER y
1062
DO/ ,',~iRI., PRINTER y
! 02 ]
DiGI ]AL LA75 PRINTER y
:;2 ~l :'AL LAT5 PRI::TER y
!
D/.:!TAL LA75 PRIHTER y
D/GiT'AL LA75 PRINTER y
1C97
,..'=./AL LA75 PRINTER y
"~']AL LA?5 PRINTER y
i05'6
PRI:;TER y
L ?. l':;D TABLE y
· ~"c LEI ::G TABLE y
D£C SERVER 550
102S Y
D~. MATRIv PRINTER y
W ,KKTBOARD
G:.ARF GUARD COVER y
:':1 fTC OFFICE y
· .'~."_':.'.:'.~' :APE DRIVE y
iC:t'.~ i RBASE PROGRAMS y
1!05
FOLD'"
107!-..G TABLE y
..:C,RO.,I~. TELEPHONF y
;C':PL]FIER SYSTE;.:
i 2.50
1 2.50
i 15.00
I 20.00
i 5.00
i 10.00
I 2.00
I 1.00
i 1.00
i 1.00
I 1.00
i 1.00
i 1.00
i 2.00
i 12.50
I 15.00
1 5.00
1 2.50
1.25
1.25
10.00
5.00
10.00
5.00
Pi' / ,,. I
F!RS'r COAST AUCTION ~ REALTY, XNC
P O BOX 7878 JACKSONVILLE. FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
tT~: BI' Item Description
MOUSE SYSTEMS
659
659
9¢2
5'50
570
95O
~?
rb' o
441
442
443
444
445
446
44'7
44S
.:~
· ; t, 3
4-2.5
4 .:.
462
463
.;
Tax Price
Y
1201
VICTOR 1250 CALCULATOR Y
1082
TOSHIBA ADDING MACHINE Y
1191
MINUTE MAN 250 Y
1027
2 BATTERY BACK UPS Y
1170
BITALINK TRANSIAN IV Y
1043
EUGENEX COMPUTER CPU Y
1066.
DELL INTEL COMPUTER CPU Y
19~4
PRI.,IER STAND Y
1037 ,'-'~ ......
F'C F' l .-': ,t~ I.. ~7 ~. ~..,I: ,. TE~ Y
POkIABLE ~O,..PUTER Y
1025
DIGITAL RAI!'IBOI'; 100 Y
COMPUTER
i ]04
I::::C'.'AT1VF- COMPUTER CPU Y
1065
3S6 COMPUTER SYSTEM Y
11~1
r~T,:r,.~lC COMPUTER CPU Y
:~ PC !.!INI TOWER COMPUTER Y
1202
386 PC MINI TOWER COMPUTER Y
35,Z PC I4ID TOWER COMPUTER Y
1204
3~.6SX COMPUTER SYSTEM Y
C'ASI{ REGISTERS Y
F.9 L~£ I NG TABLE Y
FOLDING TABLE Y
BLACK BOX FIBER Y
1029
KEY BOARDS Y
I!"' CO::Pt'TER Y
Qty
page 8
Total
5.00
7.50
7.50
17.50
10.00
30.00
30.00
40.00
5.00
20.00
20.00
25.00
25.00
35.00
40.00
50.00
50.00
50.00
50.00
5.00
15.00
17.50
2.50
2.50
12.50
FIRS? COAST AUCTION
& REALTY~ INC
P O BOX 7878 JACKSONVILLE, FL 32238
(904)772-0110 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
!ter Description Tax Price
465 COMPUTER & HARD DRIVE Y
1196
91f 261
917 955
9i0 523
466
467
468
469
470
473
Qty
DEC REPEATERS
FOLDING TABLE
VAX STATION
1051
VAX STATIONS
DEC SERVERS
DEC SERVER
FOLDING TABLE
7 KEYBOARDS
1172
4 KEYBOARDS
106,9
C~DEX MODEM
1 ~:54
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
COPIER %:',TABLE
5LC'IA~:GULAR TABLE
1079
D£kL UklRA SCAN MONITOR
10~.~
'.'7226-C2 TERMINAL
C'IX CTLCN MONITOR
]165
1019
~ ~<YS5 MONITORS
116~
CPl IERMINAL
1208
V1320-C2 TERMINAL
!055
SAMSUNG MONICROME MONITOR
1205
CRT TERMINAL
1210
page 9
Total
60.00
4.00
10.00
5.00
5.00
4.00
4.00
5.00
4.00
4.00
7.50
30.00
2.50
25.00
35.00
15.00
15.00
10.00
50.00
7.50
7.50
2.50
2.50
5.00
25.00
2.50
5.00
FIRST
9:0
COAST AUCTION
R£~LTY~
O BOX 7878 JAC~SO~¥~LLE~ FL 32~8
(904)77R-0~0 Fax: (904)777-8783
COLLIER COUNTY SURPLUS 6-7-97
Item Description Tax Price
~:~ 49(. FOLDING TABLE y
1073
~5 497 FOLDING TABLE y
955 498 FOLDING TABLE y
644 499 8 DIGITAL MONITORS y
1192
598 500 DOUBLE KEYBOARD ORGAN y
1103
Qty
page 10 ~
Total
1 10.00
i 10.00
i 5.00
I 10.00
i 200.00
Items: 221 Amount: 310,173.50
BUDGET AMENDMENT REQUEST
[ if previously approved.
Attach Executive Smmnary
Item No.
EXPENSE BUDGET DETAIL
Expenditure
Object Code
634999
Expenditure
Title
(Decrease)
12,000
TOTAL
Current
Budget
35,000
Budget
47,000
Expenditure
Object Code
Expenditure
Title
Increase
Decrease)
TOTAL
Current Revised
Budget Budget
I JUH2~
m?l
I',., /~ I
I~VE~ BUDGET DET~L
SURPLU S~01-121730-----~
PROPERTY ~ Cost Center No. [
Cost Center Title ~ ~
Revenue
Object Code
Revenue Title
Increase
(Decrease)
'364410 12,000__.~
TOTAL
Current
36,000
Revised
48,000
EXPLANATION .
Why are funds needed? TO PAY AUCTION COMMISSION FOR 6/7/97 SALE
Where are funds available? SURPLUS FIXED ASSETS
REVIEW PROCESS
Cost Center Director: _ . .
Budget Department:
Agency' Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
INTER-DEPARTMI:NTAL TRANSFER
ITEM
1008
1011
1012
1013
1014
1015
1016
1017
1020
1057
1074
1088
1089
1090
1091
i093
102
163
176
189
190
194
195
198
1207
1209
12Il
ITEM DESCRIPTION ASSET #
Cad Table
VT420-C2 Terminal (amber)
VT420-C2 Terminal (amber)
VT320-C2 Terminal
VT420-C2 Terminal (amber)
VT320-C2 Terminal
=~91412
VT420-C2 Terminal (amber)
VT320-C2 Terminal 881158
VT340 C2 Terminal (color)
VT320-C2 Terminal 88282
Round Table metal legs 3 'A' dia
2 Fischer Gas burner
3 Matheson propane gas re[ulator
Hot Plate
Pipettor/dilutor
PC Industries 386 SX Tower
Digital printer with storage cabinet
Micronics Mpact 386 Notebook
Portable Stair
Arm
Hewlett Packard Deskjet 540
to hold vl terminals
In/Out Board
(2) Executive Chairs
CRT Terminal 862074
FROM TO
GGCC
MIS
Freenet
MIS Freenet
MIS Freenet
MIS Freenet
MIS Freenet
Freenet
MIS
MIS
Freenet
MIS Freenet
MIS Freenet
GGCC Animal
Water Lab Pollut
Water Lab Pollut
Water Lab Pollut
Water Lab Poilut
Water Dist Animal
Stormwater Animal
OCPM
Budget
Budget
MIS
Animal
Animal
MIS
MIS
Purch
Anirn/SW
Freenet
CRT Terminal 821092 MIS Freenet
CRT Term inal MIS Freenet
i~EQUEST FOR APPROVAL FOR THE CHAIRMAN TO SIGN APPLICATION FOR RACES (AMATEL~ RADIO)
LICENSE RENEWAL
~ To gain Board approvg for it~e Chairman to si~n an applicalion for renewal of Collier County's Radio
AmaIeur Civil Emergency Service (RACES) Amazeur Radio License
~ The Federal Cornmunicarions Comrrussion issues licenses 1o local jurisdictions for aperarion in
the R.,~io Ama'cur Civil Emergency Service under Pan 9'/of the Comngss~on's Rules and Regularions Under those rules.
the trustee of the ration is the "civil defense offcial responsible for the coordinagon of gl civil defense smliviries in the
area concerned, and who has been designated ~. the official responsible for the g~vnema] enri~ qency served by that
civil defense or~anizarion to be the RACES sianon license cuslo&a~" The license issued for a ten year term in 1987 wns
issued to Emergency Mana~emem Director Ken Pmeau
That license is due Io expxre on October 30. 1997. but may be renewed m ar~' rime dunng the gx rnan~ prior
to expuranon The Federal Communicanons Cornrrussion applicallon form 610-B also requires cemficanon (by signature)
of the apphcan~'s chub:bt)' b) "the o~cual responsible for the govemmen! ennry served by the civil defense organizalxm
It must not be the same as the applicant's"
The renewal applicanon form has been prepared and s:gned by Ken Pineau, Emergency Mar~emem l~recl'or.
as the apphcant It requires the s.gnamre of the ChlUrrnan of the Board of Counly Commissioners 1o cerdfy his ehg~bdiry
as the "c:x~l defense offoal responsibl~ for the coordmanon of' all c~l defense acnvities m the area concerned"
Colher Count)' us served ~' an acuve RACES organizat~on of volunteer amaleur rndio operators This license
prox~des a cbsnnguishing call s,~n for Collier Count. RACES opera-nons during exercises, drills, and acing emergency
operanons
None
· % % None
% \ '~ Tha~ the Board of Count)' Comm~ss,oners approve filing of the applicerion for renewal of Colher
Coumy's RACES license, and authorize the ChaJrrnan ~o sign d~at applicanon as req'"red under FCC ruJes md regulat~ns,
97,
DATE
/
.. I ./G '-~
DATE. , '.; /
Federal Convn~nlaltloal Commlssloa
~70 F~irfi~ld I&old
111PA 1712B-7241
7 oc (717) ~7t1212
H
APPLICATION FOR AN AMATEUR CLUB, OR
MILITARY RE TION STATION LICENSE
4, CI,,N~'I,~r MAJL~I6 ~SI: (N~ md Sveel, C~, S~, ZI) Code)
3301 East Tamlami Trail, Naples, Flodda 34112
L A."~UCA'n0N tS r.~ IC:~Kk ~4Jc
TRUSTL:E'S PR1MARY STATION CALl. SIGI~ 7. NAX~ OF CLUI, RACES OI~M~IIZA~ C~R MILITARY
I~-C,I~A~ ENTrrY:
None Collier ¢oun~r~gem~nt
AN ~CC GAA~ OF TYIS ~G~EST BE AN Ac'rlDN TI~? MAY m'~ A SJQNIFIC&NT INV/ICX~MB~'TAL EFFECT?
0. API"LIC,IU~ CLASSrFICATION:
CI'llrrlPICATION
~ ~d m ~ r~lo ~i~ Hc~se f~ mis ~J~ ~ ~ ~.
WILLFUL FALSE STATEMENTS MADE ON THIS FOW~ ~ Pt.,N~LII(ASL! IY IqNi ,4UI:)/OII 114~RIIO/14INT IJI ~ ~
11. SECTION 1001), AND/ON REVOCATION OF ANY STATION LICENSE O~ CC)NITIIJCTION PllldlT IUI COOL, TTTLE 47.
~iC~ION 3121AX1~, ANO/OR FC~FTITUKE lUS (:~:)O~, Tm.l 47. MC'T1C)N lOlL ..
I0. SIGNATURe: 0~u~t n~t ~r,N v~m ft~ 2) (T, de ~ a,.,Uy)r~l, 10 Wprovd DATE SIGi~I:X;
WILLFUL FALl! ITATIMINTI MADE C)N THtS FORM Af~ PIJNISHAILE BY N ANDy'ON IllllC)liNT I)1 COO1, TITLI
11. IECTION I001L AND/OR REYOCATION OF &NY STATION LIC~Nli 0~ GGI4TIIJCTI()N ~ I./I C00F., TITLE 47,
SECT'ION 112(&)(1]l. AND/OR IrOMi]TU~ l. JS CODi. TTTLE 47, SECTIC)N
L),e t/,le form to WPtY
~I0. fl~ ~ACES s~on
F~ ~ ~f~ ~ ~ d h FCr~ ~ ~w~ t~ ~ mom 322-1117 ~ ~1~ 337-121~
~e ye ~ee ~N of
~ h ~pli~ f~
entity ~ency s~ed by
3, The ~plic,n~ for I milJWy recrelU~ i~toh lice~e ~t be ~ ~lOn ~ e~p of I ~ ~ I ~ ~1~
~r~lded fM ~e re~re~MnM
rlC~lzliOfl Itltion Il lo.ed to be
r~o
If the cons~uction of
~d =Ct~c, to the FO~ 610B
97.13~ of ~ C~;~s ~. (47 ~ S~ gT. t3~
I~SPONSIILE OFFICIAL ~'~rIFICATION FOR ~ 10
T~ I~l fM ~ =~ off IteM ~t be ~t of ~ offl¢~ of ~l c~ ~ ~ ~ ~ ~ of ~ ~ ~ ~
~fenle org~l~l~ h ~t not ~ ~ ~e M ~ ~I~L ~ ~e fM ~ ~ r~ ~ ~ ~
th~ Of the offlciM In ~gl of ~ ~ SId~ ~ pre~ ~e ~ ~ r~ ~ · ~ ~
The i~nMu~e f~' t~e ClU~ e?.l~O~ muir be ~ of h ~ ~-~ R~~ ~ · ~ ~ f~
~ RACES l~lon ~pllcmt ~l be ht of ~ cl~l ~f~l of~ ~h f~ h ~ of d ~ ~f~
be t~l of ~e person Ih c~gt of I It~lOn ~[~ f~ ~e rKtlI~ ~l Of ~ r~ ~ ~ ~
If ~e hel~lt of yO~ Intenn~ will exceed'80.S8 mltMi '(200 fe~ W I~1~ of ~ ~ ms~ ~ ~
intel lite md ~ dr~lft ImWn6 Yea {ref~ to FCC flvlel, Slctl~ ~7.1~ M ~ ~ ~ fw M
~8 Dts~bon C~ d ~00) 418-3678 F~
NOTI(~ TO I~IOIVIDUAJJ IqEO~l~O BY I)RIYA/~Y AGT M 1174~
.._.._..__ .__.... ·
! NOT
So ITA?OON OPlh?tOU
RACINE
JUN 2 ~1_ 1997 I
APPROVAL OF BUDGET AMENDMENTS
BCC AGENDA OF 6/24/97
Capital Outlay (US 41 Outfall Swales)
Total
1981 Water Mnnagement C[P(325)
Budget Amendment 97-2'/8
(S19,000)
To lower water main and force main on upper end of US 41 Ouffall Swa~e No. !.
Road Constru~ion Gas Tax (313)
Budget Amendment
Operating Expense $375
Reserves (~
Total
Funds are needed to pay an exi~tin.~ bill for mediation services on the Radio Rd. I~-oject.
AGENDA ITEM
JUN 2
pg.____
~ To authorize the County Administrator to approve consent and emergency
al~enda items during the Board's recess scheduled for July I to July 21, 1997.
~ During past years, the Board has authorized the County Administrator to
approve items of a routine nature and any emergency items that may arise during the Board's
recess. Plats cannot be approved by the Administrator and must be approved by the Chairman.
This process is initiated in order to expedite these requests. An accounting of the items which
have been approved by the Administrator during this time will be presented to the Board of
County Commissioners upon their return from recess and will at that time, become part of the
official records.
That the Board of County Commissioners authorize the County
dministrator to approve consent and emergency items during their absence.
Barbara Pedone, Executive Secretary to the County Administrator
Robert F. Fernandez,
AGEN I
JUg 2 1997
EXECUT/VE SUMMARY
APPROVE MINOR LINE ITEM REVISIONS TO THE AMENDED 1997
AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES AREA
ACCOMODATIONS ASSOCIATION, INC. FOR CATEGORY B, TOURIST
DEVELOPMENT FUNDS
OBJECTIVE: To approve minor line item revisions to the amended 1997 agreement between
Collier County and the Naples Area Accommodations Association, Inc. for Category B, Tourist
Development funds.
CONSIDERATIONS: The Board of County Commissioners approved amending the 1997
agreement between Collier County and the Naples Area Accommodations Association at the
May 13, 1997 meeting. The amendment requested transferring funds from existing Naples
Area Chamber of Commerce contracts. However, on further examination the actual contracting
party was the Naples Area Convention and Visitors Bureau. The amended contract reflects the
change in contracting agency.
Since that time the NAAA has requested increasing the insurance line item by $3,097 and
reducing travel agent relations expenses by $3,097 due to increased insurance premiums. The
revised insurance budget will be $7,097 and the travel agent relations expenses will be
$34,252.77. The Tourist Development Council has not reviewed this line item change but will
be informed of the revision at the July 21, 1997 Tourist Development Council meeting.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds have been appropriated for this agreement in the Tourist
Development Advertising and Promotion budget.
RECOMMENDATION: Approve requested revisions to the 1997 agreement between Collier
County and the NAAA and authorize the Chairman to sign.
Prepared By: ' j...'~-<,,,' N.- '- - - ~ .,
Jean Gansel, Budg,-' and Management Analyst
Date:
Reviewed By:
Heidi Ashton, Asst. County Attorney
Date:
Reviewed By:...
Michael Smykowski, OMB Director
Date:..
AGENDA ITEM
JUN 2 JI 1997
pg,, I
FIRST AMENDMENT TO TOURISM GRANT PROGRAM
ADVERTISING AND PROMOTION AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this
day of _, 1997, by and between Naples Area Accommodations Association, Inc., a
not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political
subdivision of the State of Florida, hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, the GRANTEE and the COUNTY entered into a Tourism Grant Program
Advertising and Promotion Agreement dated January 7, 1997 (the "Accommodations
Agreement") in the amount of $489,058.00; and
WHEREAS, the Naples Area Convention and Visitors Bureau, Inc. d/b/a Naples Area
Tourism and Convention Bureau (the "Tourism Bureau") and the County entered into an
Amended and Restated Tourism Grant Program Advertising and Promotion Agreement dated
January 14, 1997 (the "First Tourism Agreement") in the amount of $900,000.00; and
WHEREAS, the Tourism Bureau has requested that the sum of $172,006.85 be
transferred from the budget of the First Tourism Agreement to the Accommodations Agreement.
WHEREAS, the Tourism Bureau and the County entered into an Amended and Restated
Tourism Grant Program Advertising and Promotion Agreement dated January 14, 1997 (the
"Second Tourism Agreement") in the amount of $595,552.00; and
WHEREAS, the Tourism Bureau has requested that the sum of $124,515.57 be
transferred from the budget of the Second Tourism Agreement to the Accommodations
Agreement; and
WHEREAS, the GRANTEE has requested additional funds in the amount of $29,975.64;
and
WHEREAS, the COUNTY agrees to the requested changes.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS F
JUN 2 199"/
1. Section three ofthe Accommodations Agreement shall be amended as follows:
The maximum payment under this Agreement shall be $$15,$$$.79.
2. Exhibit "A" to the Accommodations Agreement shall be deleted in its entirety and
replaced with the new Exhibit "A" attached to this amendment.
3. Except as set forth herein, all of the terms and provisions of the Accommodations
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
DATED:
DV, qGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOPJDA
By:.
TI2vIOTHY L. HANCOCK, Chairman
WITNESSES:
GRANTEE
(1).
Pnnted 'T)'l~d Name
Naples Area Accommodations
Association, Inc.
(2),
By:.
pnmed ~T~.'ped Name
PnmedtTyped Name
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
(corporate seal)
f :/¢~,./1997 TDC Atrreernent~'ls Amend to Tourism Grant Program Advt'nisml &Promotton
2
AGENDAIT~M
JUN 1997 '
EXHIBIT "A"
1997 TOTAL PROGRAM BUDGET
PROMOTION AND MARKETING
Advertising
includes media placement
International publications
Domestic publications
$94,354.01
D
Public Relations Professional Services
includes strategic planning, facilitating marketing plans,
designing promotional materials and programs, and
media liaison services
102,000.00
Production
includes graphic design and layout services, slide
reproductions, text translations and photography
Brochures
inchtdes the reprinting of destination guides and
other collateral
50,803.72
121~68.98
Media Relations Expenses
includes photocopies, mileage, news release postage
and press excursion expenses
69,842.12
Travel Agent Relations Expenses
includes communications, mileage, postage and on-site
familiarization expenses
34,252.77
Trade Show Expenses
inchtdes booth registration, supplies and per diem expenses
35,000.00
Collaborative Efforts w/Marco Island & The Everglades
Convention & Visitor Bureau
includes familiarization trips, trade shows and joint advertising
48,000.00
Market Research
includes collecting and assembling occupano' and visitor data
Z Clipping Sen, ice
57,529.35
II,400.9
AGENDA ITEM
JUN 2 1997
pg. , i
1997 TOTAL PROGRAM BUDGET
PROMOTION AND MARKETING (continued)
0
0
Media
Accounting
Insurance
172,006.88
12,000.00
7,097.00
TOTAL
AC~NDA~
JUN 2 ~ 1997
BOARD OF COUNTY COMMZSSIONERS
lVlISCELLANEOUS CORRESPONDENCE
JUNE 24, 1997
L~ifttglipXp. f.J~: NEED MOTION authorizing the Chairman to sign Satisfaction of
ien for Services of the Public Defender for Case Nos.: 91-1069-TM, 91-2197-TM, 91-
2114-TMC, 90-672-TM, 90-625 I-TM, 90-5496-TM/90-5313-TM, 87-1942-TMC/87-
1962-TM, 89-1821 -TM, 89- ! 82 I-TM, 90-1799-TM, 89-4978-TM/90-1799-TM, 90-
1798-TM. 90-185-IT, 94-1975-CFA, 92-671-MMA, 92-671-MMA, 91-4108-TM/92.
1419-MMA, 96-8458-MMA.
Port of the Islands Community Improvement District - notice of meeting June
19, 1997. -
Heritage Greens Community Development District - Proposed Operating Budget
for Fiscal Year 199g.
Co
Key Marco Community Development District. Proposed Operating Budget
Fiscal Year 1998. '
A. Black Affairs Advisory Board. March I0, 1997. Referred to BCC.
Bo
Letter to Dwight Brock. Clerk of Courts from Bryan Williams, District
Environmental Manager, Florida DOT, reference US 41 from CR 887 in Collier
Cry to San Carlos Blvd. in Lee Cry - Public Information Meeting. State Project
Nos. 03010-1575. 12010-1566, Work Program Item Nos. 1114187. 1114700,
Federal Aid Project Nos. ACXL-301-1 (16), XA-301-2(49) Collier, Lee Counties.
Letter to Dwight Brock fi'om Tara A. Norman, CCLA, CMC, City Clerk, City of
Naples, reference Ordinance #97-7934 enacted on April 16, 1997, annexing a 3.27
acre parcel within the Wilderness PD, immediately east of the city limits.
AGENDA ZiZ~E H
No. /t_, _
JUN 2 1997
Pg. I
RECOMMENDATION TO THE BOARD TO ACCEPT NEGOTIATED
SETTLEMENT AND APPROVE PAYIVtENT IN THE LAWSUIT OF
HARRY FINNIGAN, ET AL., VS. COLLIER COUNTY AND TO
AUTHORIZE THE CHAIRMAN TO EXECUTE ALL NECESSARY
SETTLEMENT DOCUMENTS.
That the Board of County Commissioners authorize payment to homeowners Harry and Carolyn
Finnigan (hereinafter, "homeowners") in thc sum of $13,$00.00 in full satisfaction of all costs
and damages alleged or that could have been alleged in the lawsui! styled Harry J. Finnigan and
Carol),. Fi..iga. v. Collier Count)', Circuit Court Case No. 96-1814-CA-01-TB.
CONSIDERATIONS:
On October 31, 1995 the homeowners filed a Notice of Claim with the Florida Department of
Insurance, as required by Florida law. In their Notice of Claim, the homeowners allege that the
seawall on their property was damaged due to the negligent installation and/or maintenance of a
stormwater drainage pipe and that the negligence complained of caused damage to the seawall to
the extent that it failed and had to be replaced at a cost of $24,450.00. On January 2, 1996, the
County denied the homeowners' claim and thereafter on September 9, 1996 the homeowners filed
a lawsuit in this matter in the Circuit Court, in and for the Twentieth Judicial Circuit, Collier
County, Florida.
In thc lawsuit, the homeowners have also alleged that the failed seawall cost them the
opportunity to sell their house and that this loss substantially increased their alleged damages.
Negotiations relative lo this matter have ensued between the legal representative of the
homeowners, the Collier County Attorney's Office and the Collier County Risk Management
Department. At this point in time the homeowners have agreed to resolve their lawsuit for the
sum of $13,500.00. It is the recommendation of the County Attorneys Office, with the
concurrence of Risk Management, that this offer of settlement be accepted.
FISCAL IMPACT:
The cost of the settlernent of this lawsuit in its entirety would be $13,$00.00. Payment of this
settlement would be obtained from the County's Property & Casualty Fund (Fund #516-121650).
AG/No,~ ,TEM
GROWTH MANAGEMENT IMPACT:
NOlle.
RECOMMENDATION:
That the Board of County Commissioner~ accept the negotiated settlement of this lawsuit,
authorizing the payment of $13,500.00 to the aforementioned homeowner~ and authorize the
Chairman to execute any documents approved by the County Attorney to achieve resolution of
this mauer.
Prep?ed by:
Lawrence S. Pivacek
Assistant County Al~omey
Date
Reviewed by:
..~. // ./~.z.: .. ' t
Michael W. Pettit
Assistant County Attorney
Date
Reviewed by:
Risk Management Department
Date
Reviewed by:
County ^ttomey
h :lit~closed',FinmpnkE x sum
2
AGENDA ITEM
OBJ~CTIVEz That the Board approve a continuing retention
agreement for outside legal services on an 'as needed' basis,
such updated agreement to meet purchasing requirements.
CONSIDERATIONSs Attached for the Board's approval is a
Continuing Retention Agreement with the law firm of Allen, Norton
& Blue, P.A., ('Allen, Norton'} which is a law firm used by the
County in the past on an as-needed basis to provide specialized
legal services. The contract does not address any specific
project or assignment but rather sets forth the criteria under
which payment will be made when services are requested. Although
this firm has a wide array of legal expertise, the County
generally requests services on an as-needed basis in the area of
Labor Law and employment matters.
The rates charged by the law firm vary, as with any law
firm, depending upon the attorney working on the matter and the
other resources that are necessary to provide the County with the
services it requests. Although this firm has increased its rates
slightly over the prior agreement, the firm had agreed that the
increased rates would not be charged to the County under past
agreement renewals and would only be effective when it was
necessary to revise the contract. Slightly increased rates are
therefore reflected in the attached agreement. The agreement
also provides for reimbursement of actual out-of-pocket expenses
to make clear that lodging and traveling expenses are to be paid
in accordance with Section 112.061, Florida Statutes, which is
the section applicable to travel by County personnel.
FISCAL IMPACT~ The approval and execution of the attached
continuing retention agreement has no fiscal impact in and of
AGENDA ITEM
itself but there will be a fiscal impact in accordance with the
terms and conditions of such contracts, upon the County's request
for legal services. Such fiscal impact will be determ/ned on an
hourly, basis at the rate of the attorney working on the request
or project and will include appropriate reimbursable expenses
including travel and per diem expenses in accordance with Section
112.061, Florida Statutes.
~OWT~]iAHA~ I]~ACTe None
~CO]O[ENDATIO~ That the Board approve and authorize the
Chairman to execute the attached continuing retention agreement
with the law firm of Allen, Norton & Blue, P.A. for specialized
legal services requested on an as-needed basis.
Approved by:
County Attorney
Date
DCW/d4~f:¢xec summ ~ AIk'~. Nono. Continuinl R~,n~on Al~eme"nt
This Continuing Retention Agreement is ~ade between the Board of
County Commissioners of Collier County, Florida (the 'County"), and
the law firm of Allen, Norton & Blue, P.A., of Coral Gables, Florida
('Allen, Norton').
Whereas, Allen, Norton has special expertise and resources in a
wide range of legal matters, with particular expertise in labor and
employment related matters; and
Whereas, the County from time to time has a requirement and need
for legal services which are particularly within the expertise of
Allen, Norton;
Now, Therefore, it is agreed as follows:
Allen, Norton agrees to render legal services to the County for
work which may be assigned to Allen, Norton from time to time through
the County Attorney's Office.
For all previously assigned, continuing and subsequently assigned
work performed by Allen, Norton, the County agrees to pay Allen,
Norton for services rendered, with fees based on the normal hourly
rates Allen, Norton, customarily charges to its similar clients for
similar services. At present, such rates are as follows for the
indicated Allen, Norton partners currently providing the principal
legal services to the County in certain matters:
James M. Blue $160.00 per hour
Rates charged by other members of the firm are not to exceed $160.00
per hour. Lesser hourly rates are applicable for legal services Co
the County rendered by Allen, Norton associates and legal assistants.
Invoices to the County for legal services rendered shall be
Page I of 3
and shall set forth the attorney or paralegal, subject of the charge,
the time applicable to the charge and the rate per hour. I
The County agrees to reimburse Allen, Norton for all out-of-
pocket expenses/production costs directly related to assigned work,
including the retention and utilization of sub-consultants. The use
of a multiplier for these ex~enses/production costs will not be
allowed. Typical reimburseable expenses include travel, lodging,
meals and travel expenses when traveling on the Cou/lty's behalf,
identiffable communication costs, identifiable reproductions costs,
and special computer expenses not applicable to general overhead. The
County will reimburse per diem and travel expenses in accordance with
Section 112.061, Florida Statutes, entitled Per Diem and Travel
Expenses of Public Officers. Employees and Authorized Persons. as
amended. This requirement currently includes, but is not limited =o,
expenses such as automobile travel expenses reimbursement at $.29 per ~
mile and meal expenses reimbursements at the following rates:
Breakfast $ 3.00
Lunch - $ 6.00
Dinner - $12.00
Allen, Norton shall have professional liability insurance.
Coverage shall have minimum limits of $3,000,000 Per Occurrence,
Combined Single Limits. If any liability insurance obtained by
Allen, Norton to comply with the insurance requirements contained
herein is issued on a 'claims made' form as opposed to an 'occurrencet
form, the retroactive date for coverage shall be no later than the
commencement date of the assigned work to which this Agreement
applies, and such insurance shall provide, in the event of ~ AG£NDArF£M. ~L
cancellation or non-renewal, that the discovery period for i:~sur~~~ ~
Page 2 of 3 ~
claims (tail coverage) shall not be less than three years following
the completion of the assigned work and acceptance by the County.
This agreement may be executed in multiple counterparts.
In Witness Whereof, the County and Allen, Norton have caused this
Continuing Retention Agreement to be executed on the date stated
below.
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
David C.
County Attorney
DATE:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Timothy L. Hancock. Chairman
A~LEN, NORTON & BLUE, P.A.
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this /~ day
Allen, N~rton & Blue, P.A., a Florida Professional Association, on
b~,half of the professional association. He is~ersonally known to me
or produced
as identification.
Signature of Notary Public
Name of Notary Public typed, pri£
My Commission Expires:
Page 3 of 3
T.q97
~ecA OZ
g~ ~l-~g
Jt. ICOIflf~IFDATiON THAT THR BOAItD APPROVE AND A~I.."HORIZE A
BUDGET AMIND~ TO COVIR T'KR COSTS OF UPDATES TO
COLLIER COUITI'Y CODE OF LAMB ~ OY. DI]~,~C~B ~
DEVelOPMeNT CODE T~ltOU~ ~ ~ OF TKE COIT~-~CT
PERIOD.
OBJ~CTIVEI That the Board approve and authorize a budget
amendment in the amount of $14,500.00 to cover the existing and
future costs of updates to the Collier County Code of Laws and
Ordinances and Land Development Code through the end of the
contract period.
CONSIDERATIONSs On September 22, 1992, the Board of County
Commissioners entered into a Professional Services Agreement with
Municipal Code Corporation to "codify the County's material in
accord with the terms and conditions of the County's Request for
Proposal #92-1313." During the budget process for the fiscal
year 1991-1992, the Board allocated $75,000 for the preparation
and updates to the Code of Laws and Ordinances and Land
Development Code. The original Purchase Order had remained open
and the money carried forward each year to cover the appropriate
expenses. At the beginning of the current fiscal year, the
original Purchase Order was closed and the funds were no longer
available for use to pay incoming invoices.
This Agreement states that it "shall be in full force and
effect for a period of three (3) years from the date of shipment
of the completed Code to the County and shall be automatically
renewed from year to year .... · The completed Code books were
shipped to the County in November, 1994. Therefore, the
Agreement is in full force and effect until November, 1997.
At the time the Purchase Order was closed, there was ·
balance of $4,319.33 remaining. Currently there are two invoices
outstanding totaling $8,458.83. During the previous three years,
approximately $3,800.00 in revenue was received fro~ other
agencies to assist in covering the costs of the updates. A ~otal
of $14,500.00 is being requested to cover the existing and future
costs for the updates through November, 1997.
FISCAL II(PACT, Funds are available in General Fund (001) Reserve
for Contingency.
GHOIr2H]O~][E~T IMPACTs None
~C010~DATIONs That the Board approve and authorize a budget
amendment in the amount of $14,500.00 to cover the exfstfng and
future costs of updates to the Collier County Code of Laws and
Ordinances and Land Development Code through the end of the
contract period.
Approved by:
County Attorney
AGENDA ITEM
BUDGET AMENDMENT REQUEST
lFor BudS¢',,~'inanc¢ Use Only
AP.H. Date .......................
FUND TITLE General Fund FUND NO. 001
Date prepared: Attach Executive Summary
BCC Agenda date Item No.
if previously approved.
EXPENSE BUDGET DETAIL
~enter Title
J LCost Center No.
~Project Title ~Project
No.
Expenditure Expenditure Increase Current Revised
Object Code Title (Decrease) Budget Budget
991000 Reserve for (1.4~00) 6,399,299 6,384,799
Contngencles
TOTAL (14,500
Count3' Attorney
Cost Center Title
Expenditure
Object Code
654110
010510
Cost Center No.
Muncipal Code
Project Title
00050
Project No.
Expenditure
Title
Books,
Publications &
Subscriptions
(Decrease)
14,500 ] ~udget
1[14,500
TOTAL 14,500
Cost Center Title
REVENUE BUDGET DETAIL
Revenue
Object Code
Revenue Title
IncreAse
(Decrease)
Culrent
Budget
Revised
Budget
TOTAL
EXPLANATION
Why are funds needed? To cover the existing the existing and future costs of updates to
the Collier County Code of Laws and Ordinances and Land Development Code through
the end of the contract period.
Where are funds available? General Fund Reserves for Contingencies.
REVIEW PROCESS
Cost Center Director:
Division Administrator:
Budget Department:
AgencyManager:
Finance Department:
DATE
Clerk of Board Admin.:
Input by:
B.A. No.: ~