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Agenda 03/25/1997 R COLLZER 9tO0 a.m. ~TZCE~ ~ YERSONI ~IK~ TO IP~ ON ~L ~ZJ~ P~LIC fP~ ~LL BE L~ TO (5) MI~ES ~E~ PE~Z~ZO~ FOR ~DZTZ0~ TZ~ ASSIS~ LIST~INO D~ICEB POR ~ ~INO ~AIR~ AVAI~LE IN ~ CO~ C~Z~SZO~RS, 0~FZCE L~ ~CESS A~~ FOR 12~00 NOON TO 1~00 P.M. 2, PLEDGE OF ALLEGIANCF 3. A~PROVAL OP AGENDA AND CONSENT AGEND~ 4. A~PROVAL OF MIN~TE~ March 4, 1997 - Regular mee=lng. $. ~ROCL~.KATION~ AND SE~VICZ AWAAD~ A. ~ B. Bervice Awards Judith Brayer - Social Services-Services for Seniors years Mary Eavener - Public Works-Wa~er Dep~ - 10 years John Poczynoki - EMS - 10 years C. APPROVAL OF CLE~X'B REPORT A. ANALYSIS OF CHANOES TO RESERVES FOR CONTINGENCIES 1. General Fund, (001) for FY 96/97 2. Commun!=y Developmen= Fund, (113} for FY 96/97 3. Facili=iea Cons=ruc=ion Fund (301) for FY 96/97 1 March 25, 1997 4. Present to the Board the 0overnment Finance A~sociation Certific&te o£ Achievement for excellence in Financial Reporting. S. Preeemt to the Board the Comprehensive Annual Financial Report for FY 7. IKY~L~C A. _Xathl~en ¢. Pa4sidomo, Secretary . Collier County ~unior ~epu~lee L4ague, Znc. regarding a vaiver of .Rerfoz~aance bond requirement. (1) Report to the So, rd of County Commiseloners on Solid Wamte Collection Service Surveys and requemt for direction regarding the #ta~us of Franchiee Agreements. c. ~ ¢1) Dlscuselon regarding the University of Florida Ex~en~ion pro, rams. (1) Discussion o~ Jail capaci~M analysis. A. Presentation (1S minuCes~ of Collier County ~rl~l~ural S~udM by ~ai~ ~ana. (Co~ssioner Ber~) B. Discussion re~ardin9 scheduling a ~roup in~e~iew ~or Coun~M Manager candida~es. (C~iasioner H~cock) C. Discussion re~ardin~ ~aples Al~r~ Au~horl~M ~oise Compatibility Committee. ~Co~issioner Hancock) 12. AVVZx?~sZn ~'~.zc w~rHo8 . Bq~- B. ZO~'~No t~,r~T~ C. Petition AV 96-036 for the vacation of a seven &nd one half foot utility easemenc on Lot $0, Block Naples Park Unit No. S, ae recorded in Plat Book 3, Page 14 o~ the public records of Collier County, Florida. Harch 25, 1997 (2) Reco~v~enda~ion ~ha~ ~he ~oard of County Co~iseioners epprove an Ordinance au~horizing exemp~ion of local tax on electricity (even though current tax does not exist) used in the Immokalee Enterprise Zone. (3) Petition AV 96-024, McAnly Engineering and Design, Inc. as agent for owner, Eastridge Par=nets, LTD, requesting vacation of a portion of Tara Court and on the Plat of Plantation° as recorded in Plat Book 1S, Pages 80-82, and a portion of Tara Court as eho~n on the Plat of Plantation Unit Two, as recorded in · Plat Book 17, Pages 9S-97, all of the public records of Collier County, Florida. (4) Recommendation to adopt an ordinance to repeal and supersede Collier County Ordinance No. 88-90, aa amended, and hereby establish the County's new polic~ concerning teleco~munication providers and lex'vices; also to provide for the re~ulation of telecommunication companies use of the public rights-of-ways within the unincorporated areas of Collier County~ also providing general provisiona~ registration of telecommunications carriers and providers; telecommunication licenee~ telecommunication franchise (reserved); cable franchise; fees compensation~ conditions of construction standards~ periodic evaluation, review and modification; repeal of Ordinance No. 88-90, as amended; conflict and severability; inclusion into the code of laws and ordinances; providing an effective date. (Continued from 3/11/97) 13. BOARD Or ZONIN~ A. ADVERTISED PUBLIC (1) ~e=ition CU-97-1, Arthur C. Ouinnell representing Peter M. Andersen, requesting Conditional Use '4' of =he C-4 Zoning District for new and used boat and auto sal~s for property located at 1995 Tamiami Trail East, further described ae Lot 40 Triangle Subdivision and the northwesterly 98.28 feet of parcel A in Sec. 11, T505, R2$E, consisting of 0.97 acres. (2) Petition CU-96-26, Roger Dale representing Our Savior Lutheran Church, requesting Conditional Uses '3' and '4" of =he RSF-2 Zoning District for day care centers and schools for property located at 10000 Airport Road North in Sec. 25, T48S, R25E, consisting of 4.59 acres, more or less. {3) Petition A-97-1, James H. Sieeky representing Falling Waters Development Corporation requesting an appeal of a Collier County Planning Commission,s denial of a temporary use extension for a Model Sales Center denied on January 16, 1997, for property located 6562 Trail Boulevard. (4) A Resolution amending Resolution 96-305 to correct a scrivener°s error in the legal description =o land areas requiring an 8.95 foot variance from the required front se=back in the MH Zoning district for Maria Silva'a property located on the north side of Kathy Lane in Sec. 12, T51S, R26E. ~. OT~ER 3 March 25, 1997 {1) Petition CU-95-1 for & firlt extension of · Conditional Usa for a church in the RSF-3 2oning District for property delcribmd in Relolution 96-192 adopted on April 9, 1996 pursuant =o Section 2.7.4 (Conditional Use Procedures) of the LDC. 1%. BOARD OF COUNTY CO)O(ISSION~RS, COMM~I~ICATION~ 15. ITA~F'I COMM1T~ICATION~ ~o Board, ~at i~(m) will be r~od fr~ ~o Conmen~ ~ ~d cono~dorod soptrato17. A. COM)~]NITYDrVELOpMXNT & E~'IRONM~AL I~RVIC~- ro*dwa7, drainagl, wider and lewer tmproveman=l for =ha finil pla= of "She~o~ Plrk". (2) Reco~anda~lon =o approve for recording ~he final plat of "Naples Heritage ~lf & Count~ Cl~ Phase (3) Water and sewer facilities acceptance for Pelican Marsh, Unit Eleven, Phase 2. (4) Water facilities acceptance for Willow Bend at S~onebridge, Tract A. (5) Acceptance of u~ility easement for existing u=ilities for Villas of Capri. (6) Recommendation that the Board of County Co~issionero waive the focal bid process and approve the Economic Development Council's ~rke=ing materials printing price ~o=eo on various printed materials. (7) Recommenda~ion to approve for recording =he final pla= of Heritage Greens f/k/a ~ve Pointe. (Continued from the meeting of 3/11/97) (8) Wa=er facilities acceptance for ~i~te~erg Sales Trailer. (9) Water and sewer facilities acceptance for Northshore Lake Villas. B. ~ (1) Recommendation to approve a Road Impact Fee Contribution Agreement for S.R. 9~1 Four-lanin~ with 951 Land Holdings Joint Venture.' (2) Adopt a Resolution to authorize a loan from Fund (341) as the funding source for the Radio Road Beautification Municipal Semite Taxing Unit Fact SheeC and related expenditures in order to mu~ey propercy owners within Che Radio Road Beautification area. 4 March 25, 1977 (3} Award · contract for Bid No. 97-2526, ~Arco Island T-~roin C~nstruction to Douglas N. Hlggins, Inc. in the ·mount Of $313,100.00. This item has been deleted. Approve Amendment No. Four to Professional Services Agreement with M~tcalf & ~dd¥ for the NCRWTP S-~D ~-pansion Project. Recommendation thac the ~oard of County Ck)mmllliOaere approve an annual renewal of the ~aintenance and Arterial Roadway Medians and Adjacent Right-or-#ay Professional Services A~reement. D. IUPPORT lilY, eli Recommendation to ·ward Bid 197-2637 for contract painting. (2) Request the Board of County Commissioners approval for donation of surplus radio equipment Co K-9 search and rescue of South Florida. (3) Recommendation to approve the acquisition of five (S) medium duty advanced life support ambulances through a cooperative purchase. Recommendation to make sole source purchases in excess of $15,000 from Kelly Tractor, Incorporated, Ft. ~yers, Florid·. (1) Budget Amendmen~ Report. F. ~9~ OF CO'[T~,'TY COMMISJIONZRS MISCELLANEOUS COIqR~SPONDENCE Miscellaneous Items to Fils for Record with Action as Directed. H. OTR~R CONSTITUTIONAL OFFICERS (1) (2) (3) Ze Recommendation that the Board approve Budget Amendments to finalize FY 96 Debt Service Appropriations. Recommendation to issue a Clairvoyant Permit to Anna Marie Nicholas. Ratify the Sheriff's Office's award of RFP No. CCS09?-001 to RCC Consultants, Xnc. for co,v,unicatione consulting lervicel related to the Sheriff's Office's acquisition of · Computer Aided Dispatch (CAD) System. ~0UNTYATTORNEY (1) Recommendation to approve an agreement between Collier County and the Naples Area Accommodations Alsociation0 Inc., for the award of tourilt development tax funds in the amount of $489,058.00 for advertising and promotion (Category B1). 17. ADJOURN 5 March 25, 1997 BOARD 01~ COUNTY COHMZflaZON~t8' I(~TZNQ MJUtCH 25, '1997 ADDs I%~ 8(C)(2) - RECOMMENDATION THAT THE BCC APPROVE EXPENDITURES FOR THE COLLIER COUNTY PARKS AND RECREATION SPECIAL EVENT, YOUTH MIDNIGHT BASKETBALL TOURNAMENT. (STAFF'S REQUEST). I~I~L"I~ X~'~ 8(C)(~) -DISCUSSION REGARDING THE UNIVERSITY OF FLORIDA EXTENSION PROGRAMS. (STAFF'S REQUEST). I~ $(A)(5) - R~gU~ST ~q~A? ~I~XS X~ B~ B~%~D ~ ~l~00 A.M.- PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY 1996. (BCC REQUEST). BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA March 25. 1997 CLERK'8 REPORT Analysis of Changes to Reserves for ConUngenciel I. General Fund (001) for FY 96/97 2. Community Development Fund (113) for 96/97 3. Facilities Construction Fund (301) for FY 96/97 4. Present to the Board the Government Finance Officers Association Certificate of AChievement for excellence In Financial Reporting. 5. Present to the Board the Comprehensive Ann,~jal Financial Report for FY 1996. RF~.ERVE FOR For the roaming tk~ M Mamh 2~. lgg7 RES~ERV~ FO~ CONTINGENCIES: 11-27-~ 12-11-88 12-11-g6 ~ To mt~ir ~ Central L, braq Ghil~ 1-22-97 110 119 and rekMM vv4t~ planef~ no bnger eml~oyed by EMS. 1-31 143 To pmcMd w~ Tax Deed App~atlont ~ ~ 2-11-97 163 To fund gain ~dng .war~ m al~l~wecl by BCC 12.17-~6 2-28.-g7 187 To fund em~ge~cy repeim t= the ImmokalN Jail, Naple~ Jall $10,000 each: (No.: 2g, 17, M, 69, 51,181,162.) $ 4,675.B30 (14.47S.00) 41,300.00 (3S,SO0.O0) (aO,~,~.O0) (12,500.00) (36,1~0) lIAR 2 5 1997 ANAL.Y~ OF CHANGE~ TO COMMUNITY DEVELOPMENT FUND (113) REIERVE FOR CONTINGENC~$ FMthe moe~ng c~ March 25, 1097 FY 1996.07 RP..SERVE FOR CONTINGENCIES: OflgJnef Budget 10~1J16 CuTront Ihleflce 3/14/97 $ 277.400 7B'2,~:)0. EXPLANATION OF REDUCTIONS 1.22-97 112 Fund~ provkled by exce~ cm~/forwtrd $ ,~oo To~ Reduc'donm ~ 2 § ~? ANALYItl OF CHANGE~ TO FACKJTIEI CONITRUCTION FUND {30t) RESERVE FOR CONT1NGENCIEI F~ Ihe mee~ng d~ ~f Mtn:h 25, 1997 FY tl4H47 RESERVE FOR CONTINGENCIES: ~ Bdincl 3/14~g7 B.A. 2-11 2-24-g7 3-5-97 148 156 EXPLANATION OF REDUCTIONS Addition c.t~y f~xv~d i~ needed for oflgo~ projects fix lgg7. Fur~ not needed fo~ ~ Re~'c~ts, returned to re~rwt. Fund~ needed to cover rte cost of profe~siond laxlK~ping for Em 41. Amendments emc~g to ~ ~h~n $10,000 e~:h: (No.: 25) Tc~d HAR 2 5 1997 To inform and present to the Board of County Commissioners the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1995. ~ONBIDERATZONBz The Clerk of the Circuit Court serving in the capacity as Ex Officio Clerk to the Board is responsible for the coordination of the annual independent audit along with the production of the Comprehensive Annual Financial Report. In this role, the Clerk participates in the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting program. This award program was established by t~e GFOA in 1945 to encourage government units to prepare and publish an easily readable and understandable Comprehensive Annual Financial Report covering all transactions of the government during the fiscal year. The GFOA, along with the Clerk of the Circuit Court, believe that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. The CAFR's prepared by and for Collier County go beyond the requirements of Generally Accepted Accounting Principles, to providing the many users of our financial statements with a wide variety of information used in evaluating the financial condition of this County. Collier County has received this prestigious award for nine consecutive years, and it is with great pride that we inform and present to the Board the award for the tenth consecutive year for the CAFR that was prepared for the fiscal year ended September 30, 1996. FISCAL IMPACT: None HAR 2 5 1997 That the Collier County, Board of County Commissioners accept the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reportinq for the Comprehensive Annual Financial Report for the period ended September 30, 1995. ,~mes L. Mitchell, C~A, CFE, CBA r of Finance and Accounting Dw£gh-~W~. v S~oc~-~~ Cler~/~f the Circuit Court COLLIER COUNTY MANAGER'S OFFICE Man:h 19, 1997 Katlfl~en C. Passidomo, Secretary Collier County Junior Deputies League, Inc. 2640 Golden Gate Parkway, Suit~ #315 Naples, Florida 34105 3301 E. TAMIAMi ~ NAPLES, FL 34112 (941) 7744~353 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Re: Request for Public Petition - Waive Performance Bond Requirement Dear Ms. Passidomo: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 25, 1997 regarding the above referenced subjecL Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "lv') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very Vuly yours, Michael A. McNees Interim County Manager MAM/bp cc: County Attorney Vince Cautero, Community Development Services Administrator Collier County JUNIOR DEPUTIES lEAGUE. INC. · cio Collier Coumy Sheriff'. Office · · 3301 T,,mlaml Trail Eaal · Naplea, FL 34112 · Edwe~f Motion Aut~wy Ro~m Wlil~m Q. P~,oe, M.D. }&uch I0, I~)7 De~r Mr. McNe~: In 1961, former Sheriff E. A. 'Doug' Hendry cflmcd the/unior Dcpu~ Pwmm_g~_ _..as.?.means oF.co~.municafing wi~ {1~ youth of Collier Cou~y. Collier County to spcak with fourth ~md fifth graders. At the end of each school year, a camping trip was offered Io the Sunior Deputies. In 1962, the Collier County ~lunior Deputies League, Inc., a not-for-profit Florida corporation w~s formed and in 1976 _rece_.4ved an exemption from ttxafion from the Internal Revenue Service under Section 501(c)(3) of the IRS Code. The corporat~ purpoms of the Collier County Junior Deputies League, Inc. include giving youth a wholesome and active program of activities that will decrease the delinquency rate; acquaint youth with the function of local government and law enforcement; build a closer relationship between the youth of Collier County and law enforcement officers; enlist the help of youth to kee~ others of their own out of trouble; render services to ~ community through the youth policy work, training for general emergencies ~xl ass~ in the pro~ecfion of life and property, and; stimulate the youth interest in law enforcement az a c~'eer. One of the most effective progcams of the Collier County Junior Deputies League, Inc. is the Annual Junior Deputy Ctm~t. lhch year, generally during the Spring break, ali Collier County fifth graders are invited to participate in a day of activities and an overnight "camp out' sponsored by the Collier County Sheriff's Office and the Sunior Deputies League. Annually, between 750 sad 800 students participate in the campout which has been held at various si County, most recently at the Florida Sports Park. AGEIqDA pg._ /~ _ Mr. Mike A. McNees Acting Collier County Manager ]vta~h 10, 1997 Page Two Mindful of the tremendous growth within our community, the Collier County Junior Del~ties League, Inc. determined several years ago that it was in the best interest of the organization to acquire a permanent site for the Collier County Junior Deputies League's activities and the annual campout. To that end, thc corporation purchased the south 33.26 acres of the Florida Sports Park. It is the intention of the Collier County Junior Deputies ~e, Inc. to utilize the site for overnight camping (in tents) and related activities, such as hiking in the preserve area lo.ted in thc property, and canoeing in thc nine acre lake, also located in the property. The property will also be available to other orgapi~tions such as thc Boy Scouts, Girl Scouts, Explorers, church groups and other local youth groups. At thc time the Collier County Junior Deputies League, Inc. acquh'ed the property, it was aware that the Lxke located within same had never been properly completed and was in violation of the construction stands listed in Section 3.5 of the Land Development Code. The Collier County Junior Deputies League, Inc. has received a generous offer from the firm Southern Sand and Stone, Inc. to complete the lake excavation at ncjl~charge to the Collier County Junior Deputies League, Inc. and contacted your Community Development and Environmental Services Division to request that the Excavation Permit No. 59.244 (Commercial) which was issued by Collier county when the lake was originally constructed he reactivated so that the excavation may be completed. In response to our request, in a letter of February 7, 1997, Mr. Start Chrzanowski advised the Collier County Junior Deputies League, Inc. that the County would reactivate the excavation permit and waive fees in connection with the excavation, but could not waive the performance bond without the approval of the Board of County Commissioners. We have also been advised that the County charges an additional fee for the road usage in hauling the excavated materials from the site. The purpose of tiffs letter is to request Collier County to waive the requirement of the performance bond and any road usage fees. As you may know, thc Collier County Junior Deputies League Board of Dh-ectors is comprised of community volunteers and I~w Enforcement. All funding of the Junior Deputies League and it's activities come from chaxitable contritmtlons and in- kind contributions. While Southern Sand and Stone, Inc. has generously agreed to donate time, labor and materials to complete the lake excavation, the Junior Deputies League Board does not have the funds to pay the performance bond or c.,ther fees and charges. Accordingly, we respectfully request that Collier County waive those fees, charges and the performance bond. Mr. Mike A. McNees Acting County Manager March I0, 1997 l~ge T~'ee require additional information, plea~ let us know. We look forward to hearing from you, and in the meantime, if you hav~ any questi~ or corn unc'~7.0~u~De~es Lea~e, Inc. 2640 Golden Gate Parkway, Suit~ tr315 Napl~, Florida 34105 (941) 261-3453 REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON SOLID WASTE COLLEC~ON SERVICE SURVEYS AND REQUEST FOR DIRECTION R.EGARDI~IG THE STATUS OF FRANCHISE AGREtUv[ENTS. ~.~ To provide information to the Board of County Comnflmoners oonon'ni~ recent solid waste collection customer satis~'~on surveys and to seek Botrd of County Commissioners direction CONSIDERATION; The County entered into exclusive f~tnchise agreements with its cu~ent waste collection contractors Wute Manalement(WlV~ ~od lmmokalee Disix:~J in Ocut~,r 1990. Both ngreemcnts w~re for a period of 8 yeats with an automatic two year renewal unless notice is givgn by the County between January and May of 1998. If notice is givgn the agreements end Sep~,mb~ 30~' 1998. ~ corn.~nies had completed ten year periods with exclusive franchise ~'gements previous to eme~,ng into the new eight year agreements In order to provide information for an informed decision on whether or not to extend the existing ngreements in,formation has been ~thered to amwer the following que~ons: A,~ om' customers satisfied with the curr~t service provided ? A~ there any changes to the service needed or wanted by customers? How do our rates compa~ with other conununities? CUSTOMER SURVEYS A que~onnairc was mailed to 138 neighborhood and area organizations as a means to get input on waste collection service issues. The questionnaire a&ked for conunents on current service, suggestions for future service and additionally asked for comments on spec~c ~lternatives provided by ~ There were 21 responses received fvom organizations. An additional 15 responses w~re receiv~ from individuals. 90*.4 of respondents who commented on current services said they wgre satisfied with the service. Thc survey letter included questions about some specific service alternatives reflecting staff's knowledge of reoccurring concerns expressed by ctmomers over time and possible opportunities for customer savings or improved service. The responses to these specific items are given here: Change to later collection start time -58% of those commenting on this issue v~re not in favor of a later start time. Standardized conUdner automated system---Very few comments were received on this issue. Those that liked the idea were concerned ~out cost. Eliminate plastic bags at curbside--57% of those responding lo this issue were not in favor of g~,-ing up putting bags out at curbside. Volume based vm'inble rate system--Respondents were equally divided on this idea. St~tff icoked at the volume based conccp! in dct,~il. Given the complexity of a volume based billing system, and the fact that the Count)' has spent several years developing an annual asse~men! included on the property tax bill, this option is problematic for Collier Count)'. 1997 Reduction to once weekly ~,~rtoa~e collection-.-$8% of those respondins to this suggestion were agaln.~ a reduction to the curr~n! twice weekly pick up. T~ 9~ Aunu,%l Telephone Survey conducted by the O~ce of ~ ~ ~ ~ ~ 92% ~ ~ ~V ~ ~ ~ ~ p~ ~. mud ~ ~ ~ ~ I~ ~t ~ ~i~ ~m ~ ~on ~. Inform~tlon about the collection service questionnaire was also pubtished by local media. The local newspaper conducted its own su~,ey, inviting customer comments by prm, iding a coupon that could be clipped and returned m the newspaper. Those cus~mer responses we~ then forwarded to the Solid Waste Department. A review of the 111 responses show~ that 77% were satisfied with sea, ice. While the responses from the newspaper survey val'ied to some degree from the response letters from the staff survey, together theg' demonstrate that the vast majority of solid waste customers served by thc county are satisfied with thcir service and there are no outstanding major issues at this time. R~SIDENTIAL RATES The residential rate paid by cullomc:rs included in the County's mandatory coUection program is one of the lowesl in the state. A stud), of collection rates for unincorperated areas of Florida's 28 most populated counties conducted by St. Lucie County showed Collier County as having the next to the Iowesl rate of the 28 counties. The average rate was $15.31 per month. Collier County's rate including the r~cen! CPI increase is $8.94 per month. ' COMMERCIAL RATES Solid Waste Department st~f]' conducted a rate survey of conuncrcial dumpslcr services of the 30 most populated counties in Florida. Rate information was available from 21 of those Counties. An average per cubic yard rate s~s identified for each count), using their rates for four yard and eight yard dtunpsters emptied on a mice weekly basis. The average rate for all the counties was $4.51 per cubic yard. Collier County's rate ~s $5.38. 19% higher than the average. The cost to a business in Collier County using a four yard dumpster emptied twice a ~ is $2,561.00 on an annual basis. A 19% reduction to that rate would mean · $486.28 savings to that business. The commercial rate information was subdivided imo three categories as related to the method of establishing commercial rates as summarized by the table below. EXCLUSIVE FRANCHISE-NEGOTIATED EXCLUSIVE FRANCHISE -BID NON-EXCLUSIVE/OPEN MARKET AVERAGE COST PER YARD $5.59 $5.13 $3.43 FIAR 2 5 1997 Collier County's commercial rate~ are genern~t__~_ from out negotiated exclusive franchise agreement. Om' compm-ative rate of $$.38 f~s between the negotiated and bid exclusive f~anchise categories, Clearly the counties w~th non-exclusive open markets enjoy the lowe~ rates for commerc~ dumper The rate surveys above indicate t~t while the current residential rate is eaa:r, llem the commercial rate payers would greatly bencfi! from a competitive duznpster market. Since the current fianchise n~eement is ~xclu~ive and includes both residential and conmm-cial service, · chaa~ in the ctua~nt arrangement would require the developmen! {ifa new scope of services in a new contract. SCOeZ OF SERVICES Sbould a n,:w scope of services be developed staff has identified rome key components that would be ben~eial in providing quality service and reasonable cost. REMOVE COMMERCIAL DLIM~S~R SERVICE F'EOM EXCLUSIVE FRANCHISEmTlti$ will allow for competition on both price and quality of ser~ce. The Coum7 could maintain reasonable control by means of a non-exclusive franchise whereby haulers taus1 meet minimum slandards as experienced, reputable, bondable companies. DIVIDE THE LARGEST FRANCI-HSE AREA INTO TWO EQUAL AREAS=The current Service District Number One includes most of the unincorperated population of the Count). excluding the Immokalt¢ com~nunit),. Duc to growth this area now includes more than $0,000 m*ntt~_~or)' collection uniu. Splimng this large area into two demographically similar units and glowing service providers lo sen'c only one of the districts would allow for compamon of service qualiq, and provide a broader base of resources in thc event of any unfo __resee__n problem with a single hauling service. In the event of a di~e:cr such as a hurricane, the commumt), would also benefit from having more resotuces to draw fi'om SERVICE CHANGE OPTIONSmThere were no resounding calls for changes in service as a result of stallrs requests for public input. The responses on specific service issues raised by ~aff that are noted above ~re for thc most part fairly evenly split or favored keeping service as is. STANDARD CONTAINER PILOT PROGRAM-Since WMI is conducting a pilot program to teat the use of standard containers, and given the Ix~bility that the t~t may be a success, it may be advisable to consider standard containers as an option in a revised scope of services. ALL MULTI-FAMILY RESIDENTIAL UNTTS SHOULD BE ADDED TO TH~ MANDATORY ROLL- The current solid waste mandatory trash collection ordinance has ben in place for approximately six (6) years. The ordinance requires the Count)' to bill ali residential customers who live in single throu~ four- plexes, town. houses and row houses. The ordinance requires the hauler to bill all multi-story residential units that are five-plexes and up. Subdivision growth patterns, prupen)' management asrocia~ion composition, and the hck ofa requLrement in the land development code for mandatory use of dumpsters in five-plex and up residential units, have created service billing and hauler contracl administration problems. For example, one property management association is composed of 59 traits (similar arrangements exist throughout the Count)'). 2 duplexes = 4 units 2 six-plcxes = 12 units 3 tn-plexes = 9 units 2 cight-plexes =" 16 units 2 four-plexes -- 8 units I ten-plex "' 10 units 21 traits 38 units MAR 2 5 ~Q._ ...... r- .......... lY I I l~r the ordinance the County shouidbiil 21 of these units and thc hauler should bill 38 units. However, the sutxlivision d~-vcloper chose dumpst~r service throush the site development process. 'l'ne end result is that the hauler is Mllin8 the associa~on for all 59 units. Ifthe County bills the 21 traits as dicmed by the ordinance, they will either pay twice or the property association will ~ to credit back these 21 units. and many units who pay twice. Under the current ordinance structure, billing is c~,mbe_ rsome, caus~ errors and requires an inordinate amOUnl of time to monitor the process. Rev~n~ Services ~cnt test r~'ults indicate that County billing of ail residential units on the tax bill, coupled with the tree of a was~ g~ncration rate of approximately 80% of sin~e family through fourplcx home~ would reduce the corn to the 65,000 +/- cus~mcrs in thc County who arc presently billed by the haulers. Thc total mandatory roll would be increased from the cttrront 54,000+/. to 119,000 uni~ providing a more equitable system where all residential units arc included in the mandatory program. OPTIONS TO CONSXDER Given all the above and in consi~ration of the franchise agreements currently in force, the available options ~re: 1) Allow thc curt'tnt agreements to extend two years (till September 30, 2000) by taking no action to noti~, thc franchisees during thc notification time period ($anuar). 1998 to May 1998). 2) Solicit bids for collection services and evaluate same in advance of the contract extension notification time period. Make bid award or reject all bids and extend current agreement. 3) Negotiate with current franchisees. FINANCIAL AUDIT OF CLrI~E~ FRANCHISEESwThe last full audit of franchi__~,~__ was completed in 1993 reporting on 1992 calendar year business. The audit report for Waste Management showed revenues of $10.2 million with an income of $2.5 million for thc period. Inunokalee Disposal showed revenues of $740,800 with an income of $31,400. Subsequent to thc last full audit the County Clerk has performed limited audits focusing on verifying the franchise fees paid to the County. The Solid Waste Department current budget included funds for a full audit in anticipation of the franchise evaluation process. Staff recommends initiation of a full audit. FISCAL []~,~(~T: Estimated cost of franchisee audits is $70,000. Line item 473-1'73413-632300. GROWTH MANAGEMENT IMPACT[ N/A RECOMMENDATIONS; 1) That the Board of County Commissioners approve a full audit of thc waste collection franchisees. 2) That the Board of County Commissioners give staff'direction regarding the status of waste collection Franchise agreements and the options referenced above. NAR 2 5 1997 _ ¥ A. ~ th~ ]3oifd of Cog~ty Col~on~rs Ipl)fOv¢ ~ ~lim~_ti~B of C;Ol~ d~T~Dl~'f mndce is pin of the exclu~v~ B~u~chise service. 15axed W. Rant, Il, Dimaor, Soi~ Wut~ Depamnent ' Date ~ml W. Miller, P.£., ~terim Public Wod~ PUBLIC WORKS DIVISION DWR:dr HAR 2 5 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT TtIE BOARD OF COUNTY COMMISSIONERS APPROVE EXPENDITURES FOR THE COLLIER COUNTY PARKS AND RECREATION SPECIAL EVENT, YOUTH MIDNIGIIT BASKETBALL TOURNAMENT. Objective: That the Board of County Commissioners approve program registration, hotel and per diem (meals) expenditures for parti~:ipants in the Youth Midnight Basketball Tournament in Orlando, Florida, March 27 through March 29, 1997. Consideration: The Golden Gate Community Center runs a program Youth Midnight Basketball. The program is structured for at risk youth ranging in age from 13 to 16. This program is supported by the Collier County Sheriff's Department and the Golden Gate community. A Midnight Basketball Sunshine Easter Classic Tournament is being held in Orlando March 27-29, 1997. The Golden Gate Community Center is sending a team to represent the Parks and Recreation Department at this tournament. The Center has received a donation to offset the cost &this trip and the funds have been remitted to the County. This is an incentive for improved behavior for the youth involved in the program both at the Center and in the community. The Department is requesting that funds not to exceed $l,500 be allocated for youth participation in the tournament. it is the opinion of the Office of County Attorney and the Clerk of Courts Office that this Board approval is necessary because County funds are being expended and the children traveling to the tournament are not within the definition of "traveler" of Section 112.06, Florida Statute, describing authorized public travel expenses. Fiscal Impact: The estimated cost of this program is $1,500. Funds have been previously donated to the County for this event and are available in Fund 130-157710-366900 Contributions - Private Sources. Growth Management: None Recommendation: That the Board of County Commissioners authorize the Chairman to sign the attached Resolution regarding expenditures for program registration, hotel and per diem (meals) for the youth participants in the Midnight Basketball Sunshine Easter Classic in Orlando, Florida. IlAR 2 5 i997 Prepared by: Joh~13uh'nuck, ~oldeh ~ate~ommuni~ Center Supe~isor nd. Approved by: Muralo ffmi~, Recreation Manager Dep~ent of Parks ~d R~r~tion Approved by , . _ /~ : Maria Ramsey, Director (r! Department of Parks and ~,e~reation Approved by:.. ThomfisX~V. Olliff, ~lministrator Division of Public Services ! RESOLUTION NO. 97- A RESOLUTION APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES TO BE INCURRED AT THE YOUTH MIDNIGHT BASKE] BALL TOURNAMENT rN ORLANDO, FLORID-\, AS SERVING A VALID PUBLIC PURPOSE. WliF. R.E.,\.%. Collier Coun;~, Or¢lin;mcc No. 87-5 allows for the expenditure of ¢.'ount.~ funds to effectuate the purposes of the Ordinance provided that said expenditures ar,: approved by the Board through an implementing resolution setting forth the specific purposes of the expenditures; and WHEREAS. thc Collier County Clerk of Courts office has conferred with the Count.,,. Attorney's office regarding thc need for clarification about thc specific expendilures which tl~c Board of County Commissioners intends to approve as serving a valid pubhc purpose, even ,f thc expenditures arc not covered by the exact expenditure categories .,,¢~ tbrth m Collier County Ordinance No. 87-5~ WItF.'REAS. thc Midnight Basketball Program League provides at risk youth in the commumly an opportunity to part,cipatc in an organized and structured activity; and WHEREAS. ".~rticipants have been chosen for their exemplary behavior with M~dnigM Basketball ~md the Golden Gate Ga~c community. NO\','. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The expenditures in the amount not to exceed $1,500 for the Collier County Youth Midnighl Basketball Tournament in Orl.',ndo, Florida, March 27 flu'ough March 29, 1997. arc hereby l'ound by the Board to serve a valid public purpose and are ~lso hcreb> approved Thc specific expenditures hereby approved are: Expenditures ~br registration, hotel, per diem (meals) to be provided Io thc particip~sts participating in this special event. 2 Fh¢ Board of County Commissioners hereby author zes the disbursement of $1,500 to pa) for sd~d ,..'xpcnd~lures Funds ~o cover the cost of this expenditure have previously been donated to the Counly and arc available in Fund 130-157710-366900 Contributions -Private Sources This Resolution adopted after motion, second :md majority vote favoring same. lIAR 5 DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLIN'FY, FLORIDA BY: BY: TIMOTHY L. HANCOCK, Chairman Approved as Io form and legal sufHciency: Chief Assistant County Atlomey EXECUTIVE SUMMARy PETITION AV 96-036 FOR THE VACATION OF A SEVEN AND ONE HALF FOOT UTILITY EASEMENT ON LOT 50, BLOCK 64, NAPLES PARK UNIT NO. 5. AS RECORDED IN PLAT BOOK 3, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. D~ To approve the Resolution for the vacation of a seven and one half foot utility easement to allow owner to rebuild across easement area. CONSIDERATIONS: Petition AV 96-036 was received by the Transportation Department from Mark Lamoureux as agent for owner Michael Podolski to vacate a seven and a one half foot utility easement at the side of lot 50. The easement was created by dedication of the plat recorded in 1953. A motel was constructed over the easement shortly thereafter and has remained to present day. The petitioner became aware of the easement when his plans to demolish the building and rebuild requtred a survey showing the encroachment. Letters of no objection have been received from all authorized users. Transportation has reviewed and has no objection. Zoning is C-3. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT; None. RECOMMENDATION: That the Board of County Commissioners approve the Resolution for the vacation of the above-described easement, authorize the execution of the Resolution by its Chairman, and direct the Clerk to record a certified copy of the Resolution and make the appropriate marginal notes on the plat. PREPARED BY: ~~h.~/~ Russell D. Muller, Engineer I David F. Bobanick Intedm Transportation Director i~ymond W. Miller, P.E. Interim Public Works Administrator DATE: z'- ~..,~--/ DATE: DATE: RUSS/tnv'022097/EX 96-036.doc Attachment(s) -c,( l,,OA ti[- HAR 2 5 199 1 RESOLUTION NO. 2 3 4 RESOLUTION FOR PET·ON AV 96-03~ TO VACATE A PORTION $ OF A SEVEN AND ONE HALF FOOT UTILFTY EASEMENT e LOCATED OF A PORTION OF LOT 50, BLOCK 64, NAPLES PARK 7 UNIT NO. 5, ON THE PLAT OF NAPLES PARK UNIT NO, 5, AS a RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC $ RECORDS OF COLLIER COUNTY, FLORIDA. 10 11 12 WHEREAS, pursuant to Section 177.101, Florid· Statutes, Mark Llmoumux, ·gent 13 owner Michael Podolski, does he·by request It· vacation of · portion of · leYln anti aP4 half 14 foot ub'~/ea~nent k>cated on · portio~ o1' lot 50, ~ 64, o~ the plet of Naples Park Unit No. 15 as ·corded In Plat Book 3, Page 14, of the Public Records of Collier County, Florida; and 18 WHEREAS. The Board has this day held a public hearfng I0 consider vacating I portion of 17 ~aid plat es more fully described below, and notice of said public headng to vacate was given as 111 required by law;, and 19 WHEREAS, The granting of the vacation will not adversely itl·ct the ownership m righl of 20 convenient access of other property owners. 21 NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Iha following be and il hereby 23 vacated: 24 See Exhibit "A" attached to and incorporated herein. 25 BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record this Resolution in 2~ the Public Records of Collier County. Floddl. end to make proper notations of this vacation on 27 said plat. 28 This Resolution adopted after motion, second and majodty vole favoring same. DATED' ATTEST: BOARD OF COUNTY COMMISSIONERS DVV1GHT E BROCK, Clerk COLLIER COUNTY. FLORIDA 29 30 31 32 33 34 35 3~ 37 3~ 39 40 41 42 43 44 45 4~ 47 Approved as to from end legal sufficiency' Heidi F. Ashton Assistant County Atlomey BY: TIMOTHY L. HANCOCK, Chairman RtJSS,~m/010296,'Re$o AV ~-03~ MAR 2 5 1997 I,~,._'~ Antonio Trigo, PIS President A. TEIGO & ASSOCIATES, INC. Profe~fon~l L~nd Surve¥or~ 2223 Trnde Center Naples, Florida 33942 (941) 594-8448 FAX (941) 594.0554 LEGAL DESCRIPTION A strip of land lying in Lot 50, Block 64, Naples Park Unit No. S as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida and being Bore particularly described as follows, BEGINNING at the northeast corner of Lot Se, Block 64, Naples Park Unit No. S; thenc'e 8.Goesg'40-E. 130.0e feet; thence N.89eST'30-W. 7.50 feet; thence N.Oe'59'40"N. 130.e0 feet to the south Right-of-Way of 98Ch Avenue Norths thence S.89°57 30"E. ?.~O feet along said Right-of-Way ~o the POINT OF BEGINNING. Prepared byx Certificate No. 2982 cember 18, 1996 Note,k.S"ee sheet 2 of 2 for Sketch of Description. HAR 25-I 97 ATTACHMENT B . ~ [EXCEPT FOR %;ACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: Petitionez(Owner): lf~4/k~L ~~m Petition #:AV- Address: Telephone~I City/State: Zip Code: Agent:~ Address: City/ Telephone:~ State: Zip Code:~ Address of Subject Property: City/State:~ _A.Z~p Code:~ Location: Township._~ Range Legal Descripti, ~o~ 0~:F~_~ Block ~ Unit _ 5 Subdivision: ~:~p _ _ K Plat Book _:% Page(s) Reaso~ Current Zoning:.. - ~--~ -~11~ affect density? I~(~ -- - Does this I Hereby Authorize A~t Above to Represent Me for this Petition: Yes % No .. Si~nacure of~etitioner (owner) MIC4 EL PoDOLSK! _, OWNEI Print Name (Title) Please see ."Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and de~iver or mail to: ,(1) (2) (4) Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners. liAR 2 5 1997 {,{~,,~nS .~ PoU~d~m C,~md (941) Mr. Mark Lm'aourr~ role 870 97~' Ave. 1VoF,~h Naples, FL. 33963 RE: Vacation of 7.5' Utility ~ent on the ~ side of Lo! 50, Block 64, Naples Park Unit No. 5 (98~ Ave, North (~ U.S. 41) We have reviewed the proposed vacation ~ stated above and have No Objection to the vacation, provided that FP&L, UTS, and the applicable cable TV provider are in concurrence with the vacation. IfI can be of any further assistance to you in this regard, please let mc know. Sh~ccrcly, John R. Houldsworth Senior Engineer MAR 2 5 1997 ~._~' COLLIER COUNTY GOVERNMENT December 17, 1996 Mr. Mark Lamoureux, P.E. Mark Lamo~reux Engineering 870 97th Avenue North Naples, FL 34108 ~01 E. TAMIAMI TRAII. NAPLES, FL 94112 (941) 752-2575 PAX (941) 7~2-2526 Re: Vacation of the 7.5' Utility Easement on the East Side of Lot 50, Block 64,'Naples Park, Unit 5 Dear Mr. Lamoureux: This office has reviewed your request to vacate the above-referenced 7.5' utility easement. The Collier County Water-Sewer District has no facilities in the are~ and we, therefore, have no objection to the vacation of the 7.5' utility easement on the east side of Lot 50 Block 64~ Naples Park, Unit 5. ' Should you have any further questions, please feel free to contact Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Russ Muller, Transportation Services 2 5 1997 "7 G I::PL P. O. Box 413013, Naples, FL 33~41.3~13 December 16, 1996 Mark Lamoureux 870 97~h Ave. N. Naples, FL 33963 Re: Vacation of the 7.5' Utility Easement on the East side of Lot 50, Block 64, Naples Park, Unit Number 5 Dear Mr. Lemoureux; In redly to your recent request, FPL has no objection to the vacation of the 7.5 foot utility easement along the East side of Lot 50, Block 64 of Naples Park, Unit Number 5 as recorded in Plat Book 3, Page 14 of the public records of Collier County, Florida. Should you have any questions or concerns regarding this matter, please contact me at (941) 947-7379. Sincerely . Bill F Distribution Dp~igner Naples Operations/FPL ~n FI~ Group company MAR 2 5 1997 I'~._ f Spt t ~ 247? Nspla, F3a. bh ~4~2477 December 23, X996 Mr. Mike Podolski 3770 Fieldstone Slvd., Unit 1504 Naples, FL 34109 SEC 28, TWP 48S, RNG 25E Vacation of Easement - LOT 50, BLK 64, Naples Park Dear Mr. Podolaki: In r~sponae to your inquiry of December 12, 1996, regarding the possibility of vacating the subject dedicated easement, this is to advise that Sprint/United Telephone-Florida will consider vacating said easement contingent upon the following conditions: 1. Re-dedication of suitable replacement easements by the property owner, at the direction of our Engineering Department, prior to the abandonment of the existing easement. 2. Receipt of a written agreement from the property owner to reimburse United Telephone Company of Florida for all costs incurred for rerouting the existing cable plant and burial of new plant within the replacement easement. After the property owner satisfies the above conditions, United Telephone will commence preparation of a work order for relocation of the existing telephone facilities. Actual relocation of the existing plant will occur approximately 90 days from the receipt of the written concurrence from the property owner. If we can provide additional information, please contact me at 941-263-6374. Sincerely. Engineer-OSP Engineering JTR:tu cc: Chron File MAR 2 5 1997 flOR REGULATED OJS?OH #ORE BKTWEKH SP~XN?/UNXT~D T~EFHONE Or FX,ORXDA This Agreement is entered into this 1Sth dam o£ November, 1995, by and between SPRXNT/OJNITED TELEPHONe-FLORIDA ~SPRIJFT/ ~I_~, a Florida Co'rp~rati0n, with the principal O££1ces'located at 555 Lake Border Drive, Apopka, Florida and Nike Podolshi, with principal o££1ces located at ~??0 Fieldstone Boulevard, Uait l$0d, Naples, Florida 34109. A4 RECITALS SPRZNT/~YNITED has cabling and £acllLties located in the utility easement, Lot 50, Block 64, Naples Park. Nike Podolski is proposing construction o£ a ney building, and has requested Sprint/United Telephone to relocate cable facilities. CO SPRINT/UNITeD is willing to relocate its cable and facilities and Nike Podolski, is willing to pay £or such relocation. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, tho parties agree as SPRINT/UNITED shall abandon cable and remove facilities located in the utility easement Lot 50, Block 64, Naples Park, in accordance with the print attached hereto as Exhibit SA'. 2. SPRINT/UNITED shall Bake every effort to tire and coordinate the relocations to coincide with the development schedule. 0 SPRINT/UNITED estimates the cost of the relocation depicted in Kxhibit "AS to be ~. Nike Podolski agrees to pay all costs o! suctions, Specifics o£ these cost estimates ere contained in Exhibit °B'. Any cost in excess of the eGtimated quote herein shall be strictly accounted fo~ by SPXINT/~JNITED. HAR 2 5 1997 open. completion of the relocatLQn, S~2INT/UNITZD shall submit an invoice to Hike ~odolaki, vhich shall document the cost l~curred in the particular relocation. Hike ~odolski shall pay such invoice eithin 60 days o! receipt. S. This Agreement is not terminable. In the event I~IlHT/ UNITED has initiated york under this Agreement and Hike ~odolski does not proceed vith its development, Hike ~odolski shall be liable £o~ all'cost incurred by · ~INT/UNITE~ pursuant to thi~ Agreement and all costs incurred by SPXlHT/UIqITED in rearranging any facilities in a manner acceptable to B~IHT/UNITED. In the event S~aZN?/UNITED'S invoices are not paid vhsn due under this Agreement, S~XX~/tTNXTED shall be entitled t'o r'easonable costa o£ collection, lncludin9 ~lthout liaitation~ attorneys £ees. ·hie Ag~eemen~ represents the entire agreement o~ the parties and supersedes all prior vrit~en or oral understanding, representations and agreements. Th/s Agreement shall be signed by a ~rl'ncipal o~ Nike Podolski and proo£ o£ his or her authority to bind the Corporation, shall be p~ovided upon execution oE this Agreement. IN ~ITNESS ~HEEEOF, the parties have executed this Agreement the day and year first written above. SPRINT/UNITED T~LEPHONE-FLO~ZDA O~.~n i~ering & Construct/on ~ITNESSESt AaREEXENT FOR RSGULATED ~BTOM WORK BETWEEN IPRINT,/TJHITED TELEPHONE-FLORXDA MXEE ~0OOLSEX IXIIXBXT B 45¢ (Buried Cable) 2. 45X (Aerial Cable Removal) Ha~erLi! $ Labor x,g08.00 Labor X73.00 TOTAL COST 4,480.00 HAR 2 5 1997 OContinental Cablevision' P.O. Box 413018 · 301 Tower Road Naples, FL 33941-3018 Phono: {941) 7~3-9600 · Fox: (941} 793-1317 December 13, 1996 Mark Lamoureux Engineering 870 97th Avenue N Naples, FL 34108 RE: Proposed Vacation of the 7.5' Utility Easement on the East Side of Lot 50, Block 64, Naples Park, Unit No. 5 {98th Avenue North (Il) U.S. 41) Collier County, Rorida Dear Mr. Lamoureux: Continental Cablevision of Southwest Florida has no objections with the proposed vacation of the above referenced utility easement. Sincerely, tor M. Martin Director of Engineering end Construction NMM/jdr HAR 2 5 1997 I~._ /'~'' -- Sec}ion Line RighT-o~'- Way Lino LIST OF PROPERTY OWNERS within 250 fe~t of ~he F.,uement Nickolo & Domenico LaGrasta 860 Cassena Road Naples, FL 33963 Mark & Suzanne L~mourtux 193 Ridge Drive Naples, FL 34108 John T Connor, TR 165 Cartcn Road Naples, FL 34108 Mauro & Anna LaC. rasta 380 Flamingo Avenue Naples, FL ;}4108 Inu Wanmor 869 B 97th Ave. North Naples, FL 34108 John P & Diane Ervin 854 108th Ave. N Naples, FL 34108 Ralph E & Joan M Swartz 860 98th Ave. N Naples, FL 34108 Annetta M & John E Murphy Jr., TR P. O. Box 8687 Naples, FL .33941 Ma)xa AJvarez 863 98th Ave. N Naples, FL .34108 C C Development Co. 868 99th Ave. N Naples, FL 34108 Parcel N~ 62770160001 Parcel No. 62771440005 Parcel No. 62771400003 Parcel No. 62775120004 Parcel No. 62775160006 Parcel No. 62775200005 Parcel No. 62776160005 Parcel No. 62776240006 Parcel No. 62776320006 Parcel No. 62776360009 Parcel No. 62776400008 Parcel No. 62777560006 MAR 2 .R 1997 I h,,d m ~ 62'7750e0005 ommM II 2123995 OR: 2256 PO: 1090 NC-.II IaSC I .fl let J: Warranty Dee(] Tbi$ Indenture, Med. a~ ~e<: Robert N. o&rbinsky, i single Ban, Deoelber, 1~96 ~c,i~ Collier Ii~ Florida , erantor~ Id Nlchsel ~. POdolski led Kar~ ~. Podolaki, husbInd and ¥1f~, at an IIt:l~e by the lnl~irl~ial, s4I~demb:4?00 Tamiani ~rail N., Naplas, Flor/da 34103 ~*,c~mT~ Collier . ~ Florida , c~ntm. · ~ ~ ~Ol~OC(lxo.oo) ~ts 1, 2, 3, 4, S, 49, lng S0, Block 64, NIp~II PB~ ~n~ 5~ according to the pile thereo~ a~ recorded Ln P1Bt Book 3, Pigs 14, Public Rlco~dl of Collier Count~, Tlortda. ~ any, and taxa..ubse~ent to 1996. STATE OF Florida COUNTY OF Collier ~. b, td~ ~ --- Nb,,4.q~ hb B ~ ~2~ &~ e Oeces~r, 1996 Ro~rt M. Garbinsky, a single man, tk~ ~ ~ ~ I~ Id Nail: ~ in.m'u~p~d by: oD an ltl E. Conley, F_~q. 6J l O Tr~l IVapl~, FL $410~ Pm'cd ID #: 62776200004 2123994 225 1088 ItCOlOIO LI OI/ICZAL ttCllOl of CO/,Llll COIITT, IL 12103/ll it IS:2?ii HZ(IT I. lEX:Z, C/3IZ COIl lStOtO.lO ItC nl II.SI IOC-.?I 1151.1t IltJl: lULlS IL ]lift ~ ~ARRANTYDEED made ~ executed r~s ~/day of December, 1996, A.D., between C. C. DEVELOP~ COMPANY, a Florida General P~tnership a~! having ~ principal pl~e ofbusiness at 868 99th Avenue North, Naples, Florida, 34108 hereintRer called the Grantor, to IV~ICHAEL J. PODOLSKI and MARY F. PODOLSKI, Husband and W~fe whose address is: 4700 N. Tamiami Trail, Naples, Florida, 34103 berein~er ca~ed the Grantee: C~herever used herein, the terms Gr~tor and Grantee shall include singular and plural, heirs, legal representatives, assigns of individuals, and the successors and assigns of corporations, where/et the context so admits or requires.) ~,277V~£~: That said Cn'antor, for and in consideration of the sum of SlO.O0 and other v~luable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, rern~se, release, convey and confirm unto the Grantee, all that certain land situate in Collier County, Flodda, viz: Lot 47 and 48, Block 64, NAPLES PARK, Unit 5, according to the plat thereof recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida, SUBJECT TO restrictions, easements common to the subdivision, if any; zoning and building code and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interest of record, ifany; real property ad valorem taxes for 1996 and subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HA VE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land: that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that Said land is free of all encumbrances. .. IN tFIITVE.~ I¥ItEREOF, Or~tor hu caused the~e pre~ent~ to be executed in iu nmne, m~d ~ corporate ual to be hereunto ~xed. by ~ proper o~cer thereunto duly ~uthoriz~ the d~y ~ y~r tim Signed~ sealed and deflvered In the presence of: C. C. DEVELOP~ COMPANY, a l~ofida gmeraJ p~t~mh¥ The foregoing instrument was acknowledged before me thi~::] day of November, 1996, by CLARK D. JENSEN. Personally Known Produced Identification Type of Identification Notuy PubUc~ Printed Name of Notary Commission Number My commission expires: HAR 2 .~ 1997 I BOARD OF'" i~-~!~.~ COUNTY COMMI~S~iERS ' NAPLESI FLCMIDA ~g62 · INVOICE NO. FUND COST CENTER O~d~S PROdECT CA CK AMOUNT Id/ i(~ I0 ~,$~/~ ~o CUSTOMER COPY 1 0 6 012 2 5s RECOMMEND THAT TI:rE BOARD OF COUNTY COMMISSIONERS APPROVE AN ORDINANCE AUTHORITJNG EXEMVHON OF LOCAL TAX ON ELECTRICITY (EVEN THOUGH CURRENT TAX DOES NOT EXIST) USED IN THE IMMOKALEE ENTERPRISE ZONE. OBJECHVE: To have the Board of County Commiuionem ~rove an Ordinance authorizing exemption of local tax on electricity used by new and expanded bu~inesr~ in the Immokalee Enterprise Zone. The purpose of this Ordinance will ~erve u an incentive for attracting businesses to the Immokalee Enterprise Zone. While Collier County does not currently impose an electrical energy usage tax, it is the opinion of the State Department of Revenue that an Ordinance MUST be enacted purraant to s. 166.23 l(gXa) that exempts not less than 50 percent of ~ch tax to be eligible/'or the exemption. CONSIDERATIONS: On March 28, 199S, the Board ofCounty Commiuioner~ pursuant to Section 290.056, F.S. passed Resolution 95-248 e~bliahing are~ included in Tracts 112.03, 113 and 114 and known as the Immokalee Community into an Enterprise Zone. After applying to the State, approval was received designating lmmokalee az an Enterprise Zone effective .lanuary 1, 1997. With this designation, Florid~ State legislation allows several varietie~ oftsx credits to encourage bu~inea~ to inve~t, renovate and grow in the Enterprise Zone, and to employ people from Collier County. One of these tax credit~ relate~ to State electricity ~ales tax exemption~. In order for this exemption to be available, a local municipality (which according to the Department of Revenue would be Collier County) MUST enact an Ordinanc~ that provides for exemption of local utility taxes ~ven if they do not currently imy, ose ~ach a While the State Department of Revenue is reluctant to provide their position in writ~g, they will ultimately have the final say in authorizing exemption of state sales tax. FISCAL IMPACT: There are no costs to the County associated with this Ordinance. However, such an Ordinance will enable Collier County to offer another inducement to attract businesses to Immokalee that will ultimately increase county tax revenues and help to stabilize the Immokalee Community. MAR 5 1997 GROWTH MANAGEMENT IMPACT: While there is not an economic element in the Growth Management Plan, the attraction of businesses to the lmmokalee Community will serve to strengthen the economic viability oflmmokalee and add stability to a community thai has recently suffered a loss of jobs in the a~ri-business. RECOMMENDATIONS: That the Board of County Commissioners approve an Ordinance authorizing a reduction of at least 50 percent ofthe local utility tax for electric energy for qualified businesses within the Immokalee Enterprise Zone. Jun ~__~n, Housing Pro~ram M~. Date: REVIEWED BY~~~~~' Gre~ ~ ~ma~c, ~rector Date: Housing and Urban L'nprovement APPROVED BY: .~~' Vincent A. Cautero, Administrator Date: Community Dev. & Environmental Srvs. ? $ I? 22 2~ 2~ ~o ORDINANCE NUMBER 97- AN ORDINANCE OF COLLIER COUNTY AL~'ltORIZING EXEMPTION OF LOCAL TAX ON ELECTRIC ENERGY USED BY QUALIFIED BUSINESSES IN THE IMMOKALEE ENTERPRISE ZONE~ PROVIDING CONDITIONS; PRO'~IDING DIRECTIONS TO THE CODIFIER; PROVIDING A SE~ERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commiuionen of Collier County, on March 28, 1995, pursuant to Sections 290.001 - 290.016, Florida Statutes, passed Resolution 95-248 which norninaled Tracts 112.03,113 and 114 of the 1990 Census, published by the U.S. Bureau of the Census, known as the Imrnokalee Community to Florida Depam'nen! of Commerce to be designaled as a Florida Enterprise Zone; and WHEREAS, the Florida Department of Commerce pursuant to Section 370.28, F.S. on October 17, 1996 designated the Immokalee Community as an Enterprise Zone effective.Ianuary 1, 1997; and WHEREAS, it is the desire of the Board of County Commissioners of Collier County to increase thc economic viability and profitability of business and corn.merce located within the enterprise zone; and WHEREAS. §212.08 (I 5) F.S., authorizes an exemption equal Io 50 percent of certain sales taxes imposed pursuant to Chapter 212, Florida Statutes for qualified businesses located in an enterprise zone when the local governing body has, by ordinance, authorized a reduction ofat leut 50 percent of the local jurisdictions utility tax for elec~'ic energy (even if the lecal jurisdiction does not currently have such a tax) for qualified businesses in the enterprise zone, and WHEREAS, §i66.231 (8)(a). F.S. authorizes the exemption of not less than 50% of the tax imposed on purchasers of electrical energy pursuant Io the provision of § 166.23 I. F.S. for qualified businesses located within the lmmokalee Enterprise Zone and determined to be eligible by the Department of Revenue. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~,TY, FLORIDA, that: MAR 2 5 1997 6 8 9 I0 I! 13 14 16 17 18 20 21 22 23 26 27 28 29 2 3 SECTION 1. TITLE AND CITATION This Ordinance shall be known and cited u the "Collier Comity Exemption of Electricity Sales Tax for Energy Used in Enterprise Zone". SECTION 2. INTENT AND PURPOSE The intent of this Ordinance is: t l~ Any business located within the Immokalee Enterprise Zone shall be eligible Io receive an exemption of utility tax imposed by the County on the purchase of electrical energy if'such business is a qualified busineas under the provisions ot'§212.08, F.S. and is determined to be eligible for the exemption by the Departmem of Revenue. (2) To receive the exemption, a business must file an applicadon with the /mmokalee Enterprise Zone Development Agency on a form provided by the Florida Department of Revenue. A qualified business may receive the benefit herein provided for a period of 5 years from the billing period beginning not mote than 30 days following notification to Lee County Electric Cooperative ot other qualified business by the Florida Department o£Revenue that an exemption hu been authorized. The benefit of this Ordinance shall expire on December 31, 2005. Any qualified business which has been granted an exemption under §212.08(15) F.S., shall be entitled to full benefi! of'that exemption as il'expiration had not occurred on that date. Norwi~g the e~iration reference above, ifa subsequent audit conducted by the Florida Dt'pertmen! of Revenue determines that the business did not meet the criteria mandated in §212.08(15Xd) F.S., thc amount of taxes exempted pursuant Io this ordinance shall immediately be due and payable to thc Florida Dcparlmen! of Revenue by the business, Iogether with the appropriate interest and penalty, compuled ~ the due date of'each bill foe the eloct~cal energy purchased as exempt under this subsection. SECTION 3. CONFLICT AND SEVERABILITY In the event this Ordinance conflicLs with any other ordinance of Collier County or other applicable law. thc more restrictive shall apply. If any phrase or Portion of the Ordinance is held invalid or unconstitutional by any court o/competent Do. on shall be deemed · separate, di~nct m~d independent pro~4sion and such holdLqg shall not xffect the v~idity of thc rcmaifling portion. SECTION 4. INCLUSION OF TH~ CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become sad be made p~ of thc Code of Laws and Ordinance of' Collier Count,. Florida. The sections of thc Ordinance may be rmumbcred oF Faltered to accomplish such. and the wont "ordinance" may be changed to **section", **tflicle", or any other sppropri~e word. SECTION S. F_.FFE~ DATE I. This Ordinance shall become effective upon filing with the Departrncnt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this day of ,1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA By:. 16 17 18 19 20 21 22 2~ 2'7 29 3O Approved ~ to form and legal su~cicncy: H~rDI F. ASH¥of~' ' - Assistant County Attorney TIMOTHY HANCOCK Chairman FOR L~aL AhT'~.RTI$1#C rjr I~LIC #Lr. Alf.qC~ r~t~ er Fe uest for sm fl su~[tted Co / ~ ~ H~IEF f~o (fill /X/ b~esttnl DlvlOl~l /X / Orill~l to Cle~*. orrtce for D~te lecel~ed D~tp advprrf,~ 6... ., . .. EXECUTIVE SUMMARY PETITION AV 96-024, MCANLY ENGINEERING AND DESIGN, INC. AS AGENT FOR OWNER, EASTRIDGE PARTNERS, LTD., REQUESTING VACATION OF A PORTION OF TARA COURT AND A PORTION OF A TEN FOOT (10') UTILITY EASEMENT AS SHOWN ON THE PLAT OF PLANTATION, AS RECORDED IN PLAT BOOK 15, PAGES 80-82, AND A PORTION OF TARA COURT AS SHOWN ON THE PLAT OF PLANTATION UNIT TWO, AS RECORDED IN PLAT BOOK 17, PAGES 95-97, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~;~ To approve the Resolution for the vacation to allow reconfiguration of the proposed Club House. CONSIDERATION: A petition has been received by the Transportation Department from McAnly Engineering and Design, Inc. as agent for owner, Eastrtdge Partners, Ltd., requesting vacation of a portion of a 10 foot (10') utility easement and a portion of a cul- de-sac road right-of-way platted as Tare Court as shown on the attached maps. The petitioner has found it necessary to vacate the road and utility easement to allow site reconfiguration on an SDP. Tara Court is being granted back as a Road Easement with provisions should the petitioner desire to construct a gate. Letters of no objection have been received from all pertinent utility companies, Collier County Engineering Review, Collier County Utilities, Planning Services, Ston'rwvater Management, Collier county Sheriff's and Golden Gate Fire Control and Rescue. A replacement Collier County Utility Easement is offered as additional consideration. The public benefit is the reduced maintenance costs and additional ad valorem taxes generated by the development. The Transportation Department has reviewed the petition and has no objection. Zoning is PUD. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT: None I~ECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition AV 96-024 to vacate the above-described road right-of-way, authorize the execution of the Resolution for the vacation of same by its Chairman, and to approve and accept the replacement easements, direct the Clerk to advertise the adoption of the Resolution within 30 days and record a certi[ied 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. And that the Board of County Commissioners approve and accept the replacement utility easement and direct the Clerk to record the easement. HAR 2 § 1997 Executive Summary Petition AV 96-024 Tara Court Page 2 PREPARED BY~~ REVIEWED BY: Inte..rim Tran~portation Director Rayffx)nd W. Miller-, Interim Public Works Administrator RDM:m:021297:av g~-024 Tara ~ DATE: Z'. Z4- ~'"? DATE:~7 MAR 2 5 FJ9? 1 RESOLUTION NO. 97- 2 3 RESOLUTION FOR PETITION AV 96-024 TO VACATE A 4 PORTION OF TARA COURT AND A TEN FOOT (10') UTILITY 5 EASEMENT AS SHOW~ ON THE PLAT OF PLANTATION, AS 6 RECORDED IN PLAT BOOK 15, PAGES 80-82, AND A 7 PORTION OF TARA COURT AS SHOWN ON THE PLAT OF 8 PLANTATION UNIT TWO, AS RECORDED IN PLAT BOOK 17, 9 PAGES 95-97, ALL OF THE PUBLIC RECORDS OF COLLIER 10 COUNTY. FLORIDA. 11 12 WHEREAS, pursuant to Sections 177.101, 336.09 and 336.10, Florida 13 Statutes. McAnly Engineering and Design, Inc.. as agent for owner, Eastridge 14 Partners, Ltd., does hereby request the v~cation of a portion of Tara Court and a 15 ten foot (10') utility easement es shown on the plat of Plantation, as recorded in 18 Plat Book 15, Pages 80-82. and a portion of Tara Court as show~ on the plat of 17 Plantation Unit Two, as recorded in Plat Book 17, Pages 95-97, all of the Public 18 Records of Collier County, Florida; and 19 WHEREAS. the Board has this day held a public hearing to consider 20 vacating a portion of said plat as more fully described below, and notice of said 21 public hearing to vacate was given as required by law; and 22 WHEREAS, the granting of the vacation will not adversely affect the 23 ownership or right of convenient access of other property owners. 24 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai the following be and 26 is hereby vacated: 27 See Exhibit 'A' attached to and incorporated herein 28 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF COLLIER COUNTY. that the road easement more 30 particularly described in Exhibit 'B' attached hereto and incorporated herein is 31 hereby accepted as the replacement easement for that portion of Tara Court 32 vacated hereupon. 33 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY. AS THE GOVERNING BODY OF 35 COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE 36 COLLIER COUNTY WATER-SEWER DISTRICT. that the utility easement more 37 particularly described in Exhibit 'C' attached, hereto and incorporated herein, is 38 hereby accepted as the replacement easement for Ihe utility easement vacated 39 hereupon. 40 BE IT FURTHER RESOLVED, that the Clerk is directed to advertise the 41 adoption of this Resolution once in a paper of general circulation in the County 42 within 30 days following its adoption. HAH 2 5 1997 1 2 3 4 5 6 ./, 10 11 '12 13 '14 '15 16 17 i6 19 21 23 24 DATED: ATTEST: BOARD OF COUNTY COMMIS,~IONERS COLLIER COUNTY, Ft. OFU~ Timomy L. Hmxx)c~ Clmk'mln H,lidi F. A~htm't .~mlstam Counhy Am:~ HAR 2 5 1997 VACATION OF EASEMENT EXHIBIT A LEGAL DESCRIPTION VILLAS OF CAPRI A PORTION OF TRACT "E", PLANTATION LAKES APPLICANT: EASTRIDGE PARTNEr, LTD. A PARCEL OF LAND BEING A PART OF TRACT "E" OF PLANTATION AS RF_.CO~ED IN PLAT BOOK 15, PAGES 80 THROUGH 82, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT OF PLANTATION AND RUN N78°53'45"W FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SI 1 °06' 15"W FOR 60.00 FEET; THENCE RUN N78°53'45"W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN 30.68 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 70°18'30', A CHORD OF 28.79 FEET AND A CHORD BEARING OF S65°57'00"W TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN 124.56 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 142°43'51', A CHORD OF 94.76 FEET AND A CHORD BEARING OF N77°50'20"W TO A POINT OF TANGENCY; THENCE RUN N06°28'25"W FOR 59.88 FEET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE CONCAVE SOUTHWESTERLY; THENCE RUN 116.58 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 17°34'40", A CHORD OF 116.12 FEET AND A CHORD BEARING OF S87°41'05"E TO A POINT OF TANGENCY; THENCE RUN S75°53'45'E FOR 79.29 FEET TO THE POINT OF BEGINNING, ALL BEING IN AND A PART OF PLANTATION AND PLANTATION UNIT TWO AND CONTAINING 0.31 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF ILECORD. WILLIAM C. MEANLY, P.L.S. #1543 SIGNED://~ ~ / DATE: ~~ ~_.~~.~ MAR 2 5 1997 ~iJlllll!!lJJe. J IIIitt!IIIIIiili IIIIIIttilI!I!I~ I'-1 III' ":Ii ,J Jill, Il eel i VACATION OF EASEMENT EXHIB~ B LEGAL DESCRIPTION VILLAS OF C. APRI A PORTION OF TRACT "A", ~ATION APPLICANT: EASTRIDGE PKR'rNER, LTD. A PARCEL OF LAND BEING A PART OF TRACT 'l' OF PLANTATION AS RECORDED IN PLAT BOOK 15, PAGES $0 THROUGH 82, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: 10' UTILITY EASEMENT ALONG SOUTH LINE OF TRACT "A" OF PLANTATION AS RECORDED IN PLAT BOOK 15, PAGES 80 THROUGH 82, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAII~'4G 0.13 ACRF.~, MORE OR LESS: WILLIAM C. McANLY, P.L.S. #1543 NAR 2 5 1997 I1 ii 2 5 1997 T~is I~strument Was Prepared By, Record and Return To: Brian J. McDonough, Esq. Stearns Weaver Miller Weissler -Alhadeff & Sitterson, P.A. 50 West Flagler St., Suite 2200 Miami, Florida 33130 (~SE~VED) ROAD EASEMENT granted thi. day of by EASTRIDGR PARTNER~, LTD., a Florida limited partnership (hereinafter referred to as ~Grantor.), whose post office address is 2828 Coral Way, Penthouse Suite, Miami, Florida Attention: Mr. Francisco Rojo, to the BOAR~ OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns (hereinafter referred to as "Grantee.), whose post office address is 2301 Tamiami Trail East, Naples, ~lorida ~4112. A. The Grantor is the owner in fee simple of that certain real property more particularly described on ~xhibit "A" attached hereto and made a part hereof (the "Easement Property"). B. The Grantor desires to grant a non-exclusive easement over the Easement Property in favor of the Grantee, and the Grantee desires that such easement be granted. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. ~. The Recitals hereinabove contained are true and correct and are made a part hereof as if fully set forth herein. 2. Grant of Easement. The Grantor hereby conveys, ~rants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for MAR 2 5 roadway purposes, upon the following described lands being located in Collier County, Florida, to-wit: SEE EX]{IBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 3. R~I Estate Taxes: Maintenance. Grantor shall be responsible for the payment of all real estate taxes, sales and use taxes and other impositions assessed against the Easement Property and for maintaining the Easement Property in accordance with all applicable laws, codes, ordinances and regulations. 4. Limiting Access to Easement Area. In the event the Grantor shall desire to construct a gate across the entrance to the Easement Area or otherwise limit the Grantee's access to the Easement Area, Grantor shall be permitted to do so, on condition that the Grantor shall construct, at Grantor's sole cost and expense, a cul-d-sac or turnaround area on the Grantor's property which is adjacent to the Easement Area, of sufficient size to permit vehicles to turn around and exit the entrance to the Easement Area (the "Alternative Easement Area"). In such event, (i) the easement interest granted herein shall be terminated by written instrument executed by Grantee in recordable form and (ii) Grantor shall execute an easement agreement in favor of Grantee with respect to the Alternative Easement Area, which shall be in the form of this Agreement, excepting therefrom this Section 4. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses: Print Name Print Name EASTRIDGE PARTNERS, LTD., a Florida limited partnership By: Related Capri Housing, Inc., a Florida corporation, its sole general partner 1'4AR 2 5 1997 ,G._/D STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The fo%egoin$ instrument was acknowledged'before me day of ___Z~Z~fd~%' 1996, by Francisco RoJo, as Vice President of Rela¥-~Capri Housing, Inc., a Florida corporation, the sole general partner of Eastridge Partners, Ltd., a Florida limited partnership, on behalf of the corporation and as an act of the partnership. Personally Known J OR Produced Identification Type of Identification Produced Notary Public, State of Florida at Large Commission No.: My Commission Expires: IlAR 2 5 1997 EXHIBIT A LEi3AL DESCRiPTiON A PARCEL OF LAND BEING A PART OF TRACT 'E" OF PLANTATION AS ~RDED IN PLAT BOOK 15, PAGES 80 THROUGH 82, INCLUSIVE, OF THE PUBLXC RECORDS OF COLLIER COUNTY, FLORIDA BEING FURTHER DESCRIBED AS POLLOW$: COMMENCE AT TITE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT OF PLANTATION AND RUN N78'~3'45"W FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SI 1'06' I5'W FOR 60.00 FEET; THENCE RUN N'/i'53'45"W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN 30.68 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 7D'18'30", A CHORD OF 28.79 FEET AND A CHORD BEARING OF S65'57'00'W TO A {'OII~T OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEA!{TERLY; THENCE RUN 124.56 FEET ALONG THE ARC OF. SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 142'43'51', A CHORD OF 94.76 FEET AND A CHORD BEARII~G OF N7'/'I0'20"W TO A POINT OF TANGENCY; THENCE RUN N06"28'25'W FOR 59.88 FEET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE CONCAVE SOUTHWES~Y; ~CE RUN 116.58 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 380,00 FEET, A CEHrRAL ANGLE OF 17'34'40', A 'CHORD OF 116.12 FEET AND A CHORD BEARING OF $87'41'05'E TO A POINT OF 'I~GENCY; THENCE RUN S78'53'45'E FOR 79.29 FEET TO Tile POINT OF BEGINNING, ALL BEING IN AND A PART OF PLANTATION AND PLANTATION UNIT TWO AND CONTAINING 0.31 AC ..F.S, OR t.ESS, TO EAS , RESTiUCrIONS RE ER' ATION$ OF. MAR 2 5 1997 l l I 1 l l T~is Instrument Was Prepared By, Record and Return To: Brian J. McDonough, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 Wes~ Flagler St., Suite 2200 Miami, Florida 33130 by EASTRIDGE PARTNERS, LTD., a Florida~ partnership (hereinafter referred to as "Grantor"), whose post office address is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145, Attention: Mr. Francisco Rojo, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY ANDAS EX-OFFICIOTHEGOVERNING BOARD OFTHECOLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Grantee"), whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112. W i T N E S S E T H= That the Grantor for and in consideration of the sum of Ten Dollars ($10.00).. and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, on the following described lands being located in Collier County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. HAR 2 5 1997 , IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses: EASTRIDGE PARTNERS, LTD., a  Florida limited partnership By: Related Capri Housing, Print Name: F%~:~_ $~o Inc., a Florida President STATE OF FLORIDA ) ) SS: ¢~UNTYOF DADE ) The foregoiDg instrument was acknowledged before me this_~2~ day of /~~~z- , 1996, by Francisco RoJo, as Vice President of Related Capri Housing, Inc., a Florida corporation, the sole general partner of Eastridge Partners, Ltd., a Florida limited partnership, on behalf of the corporation and as an act of the partnership. Personally Known / OR Produced Identification Type of Identification Produced Prin( or ~tamp Na~ Notary Public, State of Florida at Large Commission No.: My Commission Expir~~ Legal Description V'dlM of Capri Apartments 1 $ FOOT WIDE COLLIER COUNTY UTILITY EASEMENT A portion of land ~al~een feet wide more particularly described by the following centerline, lying in Section 4, Township $0 South, Range 26 East, Collier County, Florida: Commence at the southeasterly corner of Tract "A", Plantation, as recorded in Plat Book 15, Pages 80 tlu'ough 82, inclusive of the Public Records of' Collier County, Florida, and run N78°$ I'05"W for 20.00 feet; thence run S11°08'56"W for 11.00 feet to the Point of Begirming; Thence run N78°5 I'0$"W for 35.00 feet to a point herinafter referenced as Point "A"; thence run SI 1°08'56"W for 49.00 feet to a Point of Termination; thence return to the aforementioned Point "A", and run N78°$1'05"W for 17.56 feet to a Point of Termination, containing 0.03 acres, more or less, subject to easements, restrictions and reservations of record. Prepared By: ~ ~ / l:lorida Registration No. 1543 McA. nly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, F'L 34113 tiAR 2 5 1997 TRACT 'B". PLANTATION, / ~ '' P.B. lS. PAGES 80-82 / TARA COURT, PLANTATION,/ · / P.B. 15, PAGES 80-82 /  , [ LINE DIRECTION DISTANCE ~ j [ L1 N78~1~5"W 20.00 ~.O.C.~ ~/ /P.O.B. [ L2 Sl1~8'56"w 11.00 ~ ~ACT A. P~TA~, / P.B. '15, PA~S 80-82 · ' < ,.,.; P.O., POINT 30 P.O.T. GRAPHIC SCALE 0 15 30 lll~chm30 ft. TRACT "B", PLANTATmON UNIT TWO. P.B. 17. PAGES 95-97 TARA COURT, PLANTATION UNIT TWO, P.B. 17, PAGES 95-97 C.U.E, P.O.B. P,O.C. P.O.T. P.B. LEGEND COLLIER COUNTY UTILITY EASEMENT POINT OF BEGINNING POINT OF COMMENCEMENT POINT OF' TERMINATION PLAT BOOK ~ou~ OF n. om~^J McANLY ENGINEERING --- AND DESIGN, INC. FOOT ~E I ~ ~ ~c~ ~ ~ T~is fnstrument Was Prepared By, Record and Return To= Brian J. McDonough, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 (~ESERVED) ROAD EAS EM UgT THIS EASEMENT granted this //~ day of ~~~, 1996, by EASTRIDGE PARTNERS, LTD., a Flor.%da limited partnership (hereinafter referred to as "Grantor.), whose post office address is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145, Attention: Mr. Francisco Rojo, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns (hereinafter referred to as "Grantee.), whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112. A. The Grantor is the owner in fee simple of that certain real property more particularly dgscribed on Exhibit "A" attached hereto and made a part hereof (the "Easement Property.). B. The Grantor desires to grant a non-exclusive easement over the Easement Property in favor of the Grantee, and the Grantee desires that such easement be granted. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. ~Qi~. The Recitals hereinabove contained are true and correct and are made a part hereof as if fully set forth herein. 2. Grant of Easement.. The Grantor hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for roadway purposes, upon the following described lands being located in Collier County, Florida, to-wit= SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 3. Real Estate Taxes: Maintenan¢£. Grantor shall be responsible for the payment of all real estate taxes, sales and use taxes and other impositions assessed against the Easement Property and for maintaining the Easement Property in accordance with all applicable laws, codes, ordinances and regulations. 4. Limiting Access to Easement Argo'. In the event the Grantor shall desire to construct a gate across the entrance to the Easement Area or otherwise limit the Grantee's access to the Easement Area, Grantor shall be permitted to do so, on condition that the Grantor shall construct, at Grantor's sole cost and expense, a cul-d-sac or turnaround area on the Grantor's property which is adjacent to the Easement Area, of sufficient size to permit vehicles to turn around and exit the entrance to the Easement Area (the "Alternative Easement Area"). In such event, (i) the easement interest granted herein shall be terminated by written instrument executed by Grantee in recordable form and (ii) Grantor shall execute an easement agreement in favor of Grantee with respect to the Alternative Easement Area, which shall be in the form of this Agreement, excepting therefrom this Section 4. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses: Print Name Print Name :. J ~]~'~6~ ~A~A~ EASTRIDGE PARTNERS, LTD., a Florida limited partnership By: Related Capri Housing, Inc., a Florida corporation, its sole general partner j.a .n .ojo. c STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The for, egoin~ instrument was acknowledged before me day of ~~z.-, 1996, by Francisco RoJo, as Vice Preside~n~ of Rela~~~ing, Inc., a Florida corporation, the sole ~eneral partner of Eastridge Partners, Ltd., & Florida limited pertnership, on behalf of the corporation and as an act of the partnership. Personally Known/ OR Produced Identification Type of Identification Produced G: \#- L.TM\302 &4 \3 S 0 \EASE- jqD £int or sta e: Notary Public, State of Florida at Large Commission No.: My Commission Expires: j ~~GAL I EXhqBrr A LEGAL DESCRIPTION 'A PARCEL OF LAND BEING A PART OF TRACT 'E" OF PLANTATION AS ~RDED'IN PLAT BOOK 15, PAGES 80 THROUGH ~2, INCLUSIVE, OF THE PUBLIC RECORDS OP COLLIER COUNTY, FLORIDA BEING FUP. THER DESCRIBED AS PO~S: COMMI~CE AT THE $OUTHEA~ CORNER OF TRACT 'A' OF SAID PLAT OF PLANTATION AND RUN NT$*$3'45"W FOR 20.00 FEEr TO THE POINT OF BEGINNING; THENCE RUN S11'06' If'tV FOR 60.00 FEEl';, THENCE RUN N78'$3'45'W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SO~y; THENCE RUN 30.68 FEET ALONG THE ARC OF SAID'CURVE, HAVING A RADIU~ OF 25.00 FEET, A CENTRAL ANGLE OF 70,Ig~30",' A CHORD OF 25.79 FEET AND A CHORD BEARING OF · ... $65.'$7'.00'W.TO' A l~0INT.OP REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN 124.56 FEET ALONG THE ARC · OF. SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF !42.*.43.,5. t', A CHORD'OF 94.76 FEET AND A CHORD BEARING OF N77°50'20'IV TO A POINT OF TANGENCY; THENCE RUN N0~*25'2~'W FOR 59.g8-FF. ET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE CONCAVE SO~~I, ~CE RU~ I t6.ss ~m- ALONG ~U~ ARC 'OF:$~.A~. ,CURVI~'HAVXNG.A RADIUS OF 380.00 ~,.A ~ ANGLE OF'I'7 3'4' 40', A CHORD· OF I16.12 FEET AND A CHORD SHARING OF S87'41'0~'E TO A POINT OF ~GENCY; ~CE. RUN S~/$;S3'45-E FOR 7~.29' FEET .TO THE POINT OF BEGINNING, ALL BEINO IN AND A PART OF PLANTATION' AND 'PLANTATION UNIT TWO AND CONTAININO · ACRr~, MORE OR LE~, SUaH3Cr TO EASEMENTS, ~CTioi~rs: ~ m~'~TiCi~rs oF. p. Ecop~ ' · £0'd 'I~LO.L JOINDER BY MORTGAGEE The undersigned FEDERAL NATIONAL MORTOAOE ASSOCIATION, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., a Co- Mortgagee, under that certain mortgage from EASTRIDOE PARTNERS, LTD., a Florida limited partnership, dated as of August 1, 1996, recorded on September 5, 1996, in official Records Book 2225, Page 173, as assigned by assignment recorded in Official Records Book 2225, Page 208, both of the Public Records of Collier County, Florida, in the original amount of $9,800,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of Said Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this ~day of January, 1997. WITNESSES: FEDERAL NATIONAL MORTGAGE ASSOCIATION Print N ame:~ ~..]7_~nn ~ ,// ~,,a e.'~-~ ' ~/Print Name '~7~hm ~. ~kii.'l~5 "-~.~ Title: Tho ms K HeM, 3r.. %Ice Pre=!d~.nt STATE OF ~~ ) comfy OF BEFORE ME, the undersigned authority, this day appe,~_ed -~n~%% ~ ~]~. ~. . known by me to be the [/,%~ ~%,~,~'=~;= o~ Federal National Mortgage Association, a dorporation o~ganize6 and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., and he/she acknowledged to and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said Association, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand an~.~f-ficial, seal in the County and State aforesaid, on this, the~"~day of tTanuazT~, 1997. Print Name G: \w- BJM%3 O 3 &4 \3 i O\JO'r ~DE3(. F24M Commission Expires JOINDER BY MORTGAGEE The undersigned FIRST UNION NATIONAL BANK OF FLORIDA, Mortgagee, under that certain mortgage from EASTRID~E PARTNERS, LTD., a Florida limited partnership, dated as of August 1, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 220, of the Public Records of Collier County, Florida, in the original amount of $9,882,443.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in tiCle. IN WITNESS WHEREOF, these presents have been executed this 'A~'day of Dcccr._ucr, T99~. -' -~z~ ~ 1997. WITNESSES Print Nam9 int FIRST UNION NATIONAL BANK OF FLORIDA STATE OF FLORIDA ) COUNTY OF DADS ) BEFORE ME, the undersigned authority, this day appeared Peter __~_3,ap~k~a__ known by me to be the Senior Vice President of First Union National Bank of Florida, and he/she acknowledged to and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said Bank, and 'in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official seal in the County and State aforesaid, on this, theJ-F.~day of Dc, ccr.~cr, 1~. G: \14'- B~4\3 0 3&4 \3~ 0\JOZND~. F'~ Notary Pkblic State o~7 Florida Comm. No. CC 275148 MAR ',' 5 1997 K. J¢ JOINDER BY MORTGAGEE The undersigned FLORIDA HOUSING FINANCE AGENCY, an agency and instrumentality of the State of Florida, Mortgagee, under that certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited partnership, dated August 29, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 274, of the Public Records of Collier County, Florida, in the original amount of $2,585,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. , IN WITNESS WHEREOF, these presents have been executed this~' day of January, 1997. WITNESSES: STATE OF FLORIDA ) FLORIDA HOUSING FINANCE AGENCY By: Name: Susan J Title: ExecutJ ~or COUNTY OF LEON BEFORE ME, the undersigned authority, this day appeared Susan J. Leigh, known by me to be the Executive Director of FLORIDA HOUSING FINANCE AGENCY, an agency and instrumentality of the State of Florida, and she acknowledged to and before me that she executed the said instrument, acting in her said official capacity, for and as to the act and deed of said Agency, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand an~ o~ficial seal in the County and State afore'said, on this, the ll.~i~lday of January, 997. Print Name My Commission Expires: of Florida HAR 2 5 1997 JOINDER BY MORTGAGEE The undersigned UNITED STATES TRUST COMPANY O~ NEW YORK, AS TRUSTEE, a Co-Mortgagee, under that certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited partnership, dated as of August 1, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 173, as assigned by assignment recorded in Official Records Book 2225, Page 208, both of the Public Records of Collier County, Florida, in the original amount of $9,800,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this ~__~ day of De~, 199~. WITNESSES: Print Name: ~11 " ~ ' i STATE OF ~ ) c0 0 -' UNITED STATES TRUST COMPANY OF NEW YORK, AS TRUSTEE, By EFORE~,/ the undersigned authority, this day ~peare~d ~ ~.~A~C~-%%9 known by me to be the ~ ~ c~ ~.~ %~,_.--~ of UNITED STATES. TRUST COMPANY OF NEW YORK, AS TRUSTEE, and he/she acknowledged to and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said Trustee, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official seal in the County and State aforesaid, on this, the $~' day of ~, 199~. Notary Public State of G: \W-~.TM\3 0 3 &¢ \3~ 0\JOINDE~. US Print Name My Commission Expires: No%tory Publ~ State of New Yo~I~ No. 01GR5012466 I MAR 2 5 1997 / t''''- '¢4 / *(]) (~) (4) RD14:010792:151 X Publ,tc Street _____ A1 ley~ay '------ ---__ Subdivision Plat ----- · _..___ Oate Received: Pettt~oner:~Pa~nets, Address: 2828 C~ty/Sta ~~.~ Agent: ~.,,...~u. oa _Ad. dress: ~n~ ~-~_ .z'! ~'~ C~ty/Sta~ ddress of Subject Property:~ Location: -'~ Legal Oescrtptton: at. oo : Reason for Request: Elet. tez- I' Hereby Authorize Agent Above to P]ease'see "Policy and Procedur' supPortive mat--,-, .... es ~:~fdl$ N/'llC.tl I~USt aCC Transportat Collier Cou~ Bldg. t~apl es, FL Tel eph one: I~ applicant Js a land trust, If applicant ts corporation and name officers and major st ~f applicant is a partnersh entity, so tndfcate and name p: Zf applicant ts an owner, 1ndh owners, ~f any. ~f apPlfcant ~s a. lessee, o~ners jf not ~ndJcated on the To2 J~m Carr Z-Il.t? I~141~ I~. I of Z FACSIMILE TRANSMISSION TO:JIM OF :_ MCANLY. A~4~R & ASSOC FAX MAIN 1:(~4~1 775-0723 ~ O~ P~ ~ ~: OPt'A~TOfl. ME88~QE Jim, In response +.o your fax, pleaM b~ advised as follows: The owner of the property is: F.~trid~ Partrmrs, Ltd., · Rorkia Iimimd p4rtnership. The curran~ partners of Eastridge are as follows: General Partrmr: i%alaf~d Capri 14~u~ing, Limtted Partners: Ra4at~d Corpors~ ~.P.L.P. (~Iml Liml~d Partner} I~laf~d Cotpors~ Partners IV, L.P. (Llmlt~ Partner} AIIbn~ C. apitd, In~. (Gpac~ Ct~s B Limited part. r) On 8/16/~, the date the Pethion vvus signed, Cad Fernettom executed the petttion on behalf of AIIianoe Cmpl~l, Ira. who was date. On 8129/96, Alliar~e C. pit~l wet removed ~ · general I~rtner of Eattrtdge Partner~, Ltd. and .ul~tltuted with RMated Capri Housing, Ino. A~ of 8/29/96, Related Capri Housing, Inc., at general I~rtner of F..att~ge Partnett, Ltd., h~t the authority to execute doournentm on behalf of the pmrtner~hlp. Officem of Related Capri Housing, Irm. are .. follovv~: Jorge M. Perez Franci~co Rojo Angel A. I-lemandez Andrew Chesnick Preeident, Seomtary .nd Treasurer Vice F'm.ident Vi~e Pr~kknt A.bmnt 8e~mmry Ptea~ call me if you have any further questions. HAR z 5 rog? / Statement of Public Benefit for Villas of Caprl Apartments Vacation of Public Right-of-Way and Ten Foot Utility Easement The property developers of Villas of Capri Apartments have requested a Petition to Vacate the Public Eight-of-Way (a portion of Tara Court cul-de-sac in Plantation Subdivision) and the ten foot wide utility easement on Tract "A", Plantation. This vacation would allow the expansion of the existing cul-de-sac pavement on Tara Court for better utilization ofthe land, It would also deed the land to the developer which would generate annual taxes on the subject property. VICINITY MAP r°~:EASTRID(~.PARTf41~S, LTD. J McANLY I-eNGInING ~1~ ~ l kR 2 5 1997 PUBLIC WORKS DMSIQN August 5, 1996 .3301 E. TAMIAMI TRAIL NAPLES, FL :~3x 341~2 (941) 732-2575 FAX (941) 732.2526 Mr. Janes A. Cart, g.I. McAnly Engineering and Design, Inc. 5101 Tamia~i Trail East, Suite 202 Naples, FL 34113 Re: Vacation of Easenents in Villas of Capri - Plantation PUD Dear Mr. Cart: This office has reviewed your request to vacate a portion of the right of way of Tara Court in the Plantation PUD. The Collier County Water-Sewer District has existing water facilities in the right-of-way. On previous discussion with Michael Newman, Water Director, we have no objections to the vacation of the right-of-way providing a fifteen (15) foot Collier County Utility Easement (CUE) is accepted by the Board of County Commissioners and recorded in the Official Public Records. Should you have any further questions, please feel free to contact ne at (941) 732-2571. Sincerely, Cindy N. Erb Public Works Senior Engineering Technician cc ~ Edward N. Finn, Public Works Operations Director Nichael Newman, Water Director Russ Muller, Transportation Services NAR 2 5 1997 J .il COIZIER CC IllClmlil (94 I) 64~14~0 Pbmlq S..i::u ~ Oread/941) 732-2~02 August 13, 1996 Mr. James Cart HcAnly £flgineering'& Desig 5101Tamiami Trail £., Sui Naples, Florida 34113 RE: Vacation of portion Dear Mr. Cart: This is in response to you to the vacation of a port~ have no objection to the v. as shown - on the enclosed Plantation-, prepared by dated July 26, 1996 and th, to the stipulation that back-around, 1oc---~ - - p -~=u oe~ore accommodate passenger vehic] · for Villas of Capri and cons Should you have any question~ Senior Engineer cc: Russ Muller, Transportatj Reading File COI-UI R COUNTY COMITY DEVELOPMENT AND ENVIAONM~AL SERVICES DIVL~ION 2800 N. HORSESHOE DRIVE NAPL~ lq. 341O4 A C~D re, bt CH~ ~ SERVICES DEPARTMENT Fdm.m~ 7, 1~7 MeAnly Eng~ & Design ~ S 101 Tamiami Trail ~ Suit~ 202 N~p~ r~orid~ 34~ ~3 REOFJVEI~ RE: Vacation of Portion of Tar~ Court Please be advised that tho Curt'mt pl_s~,~;nE ~;tion h~ no objection to 've~ting ~t portion of Tara Co in tho am~dot SDP-94-123A. S Ronald Niho Chief Plauner HAR 2 § 1997 ,! December 12, 1996 Jim Ca=r, E. I. McAnly Engineering & Des~ 5101 Tam/ami Trail East Suite 202 Naples, FL 34113 Concerning ~he Tara of Capri, ~lan~a=icn Sut Divisim a~d Z-911 Sur~ Sheriff,s Office has no cc: N~PL£$ ~R£~ CONST T£L:3536082 FF:)L .]un 1 1 '96 1~:25 No.018 P.01 410S 15t~ Avenue S.W., Naples, FL SSO99 Fax ia13) ~ December 4, 1995 Mr. John P. Asher, P.E. 3106 S. ~ Dr. Naples, Fl. 33942 RE: Pbmtatiou PUD - Easement Vacatlo~ FPL has no objection to vsca~ tim pordou of T~m Court ss sbow~ oa the of Planuuion, u recorded in Pht Book 15, 1~ 80 thnm~h ~2 and the pl~t of Phntetion Unit Two u recorded in PEa Book 17, PeBCs 95 tfmou~ 97, inclusive, dl of the Public Recarch of Collier Carny. Flar~ lying west of the follow/ag described linc: be~'. st tho ttocthwe~ comer ofTtm~ "B' of thc dx~ve des0n'bcd plat of Plantsflon Unit Two: thence nm north 08e33' 59" eas~ 60.00 feet to the point of termimuion. Also, FPL has no objcotion ~o vacate a ten foo~ (Iff) wide miE, ty easement lyir~ adjacent to the somh pwpeny line of Tract "A' less and except ~ ca,st 79.29 feet as shown on the plat thereo~ Plantmion as recorded in Plat Book I$, Pa~es 80 through 82 inclusive of the Public Rccords of Collier County, Florida. If we may bc of furthor service, please contac~ me ~ (941) 353-6001. Sincerdy, E.T. Howard 86-11-19~6 QContin.ental Cablev sion' P.O. Box 413018 · 301 Tower Naples, FL 33941-3018 Phone: (941) 793.9600 · Fax: (941) 793.1317 July 30, 1996 James A. Carr, E.I. McAnly Engineering and .Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 RE: Proposed vacation of a portion Tract 'E' of Plantation Lakes, as recocrded in Plat Book 15, Pages 80 through 82, inclusive, of the Public Records of Collier County, Florida Dear Mr. Carr: Continental Cablevision of Southwest Florida has no objection with the vacation of the above referenced right-of-way easement. Sincerely, Nestor M. Martin Director of Engineering and Construction NMM/jdr Sprint £ 'nit ed Telephone. Florido AUgust 6, 1996 Jim Cart McAnly Engineering & $101 Tamiami Trail Eaa Naples, Florida Re: Petition to Vacat Section 4, Townsh Collier County, Dear Mr. Cart: As stated in your lette description and sketche objection to your petit described. If we can be of any furl (941) 263-6318. Sincerely, Kenneth Jordan ASsociate Engineer EASTRIIX;£ Tract A, ~ No. 1 Eastridge Panners, Ltd. 2~28 Coral _Way, Penthouse Suite Miami, Florida 33145 Tract B, Parcel No. 1 .2_.8'.28 Penr s Suite Miami, Flodda 33145 Tract R Parcel No. 1 .2_828 ~ Way, Penthouse Suite ~ni, Plodda 33145 Phntation Subdivision, Lot I Frank & Maria E. Sahzar 237~ Ea~ 'lltmiami Trail Naples, Florida 33962 Plantation Subdivision, Lot 2 Robert L. & Rebecca L. Pennypacb~r 109 Plantation Circle Naples, Florida 33942 Plantation Subdivision, Lot 3 Louise $. Derrick 111 Plantation Circle Naples, Florida 33942 Plantation Subdivision, lot 4 ~ Eq_u_iti .es of Naples,Inc. ./ F~:,( . ooc ZhLs ~uit-£h~m ~, ~.,,-.~,r ,~ /~ .. .rum ,,L o. ,,..?, ~, I I '--~nca Avenue ~o~, Su.f. ca 1. I, ~fapL~,,~.~L 33.<~,0 .=. · ,- ~ ...,--..,~,.,..~. ~-,'~, ~ ..~-.r, ~-.'=7...,,~.':_~_~..7.,~ i ~ ~ . , , ~.u. dk.. ~,~ .L._.. ,_. ,._,.,....._.,_,,....~ ,, .-., ~ ,,.,u ! ; ~'...~'.~,~ h '-~' '~ '.""~.'"" '!' "'--' ~'-'-~ ~ '-'~, --'--'.:,~ ~ ~..~, ..-,..: L ~ n --; n .';': ........ ~.d.,dfl~.dt-t~-..-~m~d./~:~4~t ,,ese 1,/2 o£ %/ese "-/2 uE ~orchve. c 1.//,, ired, ;~'esC ]./2 0~ ~',tsc ]./2 oF. _ .~ . -- ..... , ~'~--m=~z-_.-~-,~.each,~~he~.e~.. ' ' ' ! ~' · ~ =:'-, =. ri, ac-- "'4 . .e pk-":7 at' I · - .- ~. --s ~k~r~y sfl~d.t OI tS £OJJJ3dl: ~ u_~ i ~1 ,'~ ~&~: o:' t.~, ,==--~, =,7 ~t~,,, ~ ~ , . / ~J ~ -- .~ ~- ~/-,, ,-,;7:.,~',7L.-. ',~;; ;'T,:; ~?-"J:'-'""":' ~'~ ,,-.,r ~.,~ .~,,. / .... = .~1;;~ o,-~--. , · l :_~,O.~/ ....- ~ .,.4 ..~ ~,..,.....,.. ~ ~.::.-, C:::: '~ .< * - ~ .., ~, , ~.~ HAR 2 ~ ,~. I certify from lhe records or' this office Ihat EASTRIDGE PARTNERS, LTD. is ~t limited partnership organized under the laws ol~ the State oi~ Florida, t'lled on May 2, t988. The document number o( this limited partnership is A26349. I {urther cattily that said Ilmiled partnership has paid all fees due this office through December 31, 1996, and lis status is active. Pursuant. to tie levi l, /vl&e at the 2, Office £or ~ k~t, ~t r~u/red I La 1020 ~lghth Avenue I ~. A~ent the FarcnerehLp /tephen ~o~rt Th~eon, ~lgth Avenue foutll, 4. ~nerai GeMral Partner In the LJ Carl ~. ~ernstro~ $' Address of Per~.~ert Partnership is 1020 EIgAt.~ 4. Date et DLstolutlof Partfl~rshfp it to dissolve 7. Itfectlve Date. ahd the Limited Partnerehll Xdplei, r:qr/ds The undermiqned, vho are all the Oinersi Psr~rm of' rJatridge pmrtners, Ltd., declare that khe cipttai contributions' of ail the Limited Partners iff the Partnership are aa fo~avat I. The Limited Partners have made capital contributions In the [ollovlflq &mOufltll Ms~e o( Li~Lted Pirtner A~ouflt o! Contribution . Oav~d L. Irooke, TFUlCEe Self OeclArscion of Trues did, 4/10/71 Don X. Peele Conltancff ~. rerril, Trustee dtd, ~thany A. Hayer, Trust Il did. 7/IS/I? Coni~ance r. retell, Tr~ltee Aobyn P. ~eyer Trust fl did, ?/iS/t? I 16J,?$0 S II,J?S ' viii I~OUfltSI Hame of LimLtad Partner David L. Brooke, TruStee did. 4/10/11 COflltaflCl £. Farril, TrUlttt I~85 raFFia Family TrVlt ConStance r. Firril, Trustee Eric O. ~yer Trus~ Conltince F, rqrrLt, Trultee Eqthany A. H~y~F Trus% ii I ]14,2S0 S ]3,62S I ]J,625 · HAR 2 5 1997 ~obyn P. ~eyer Tr~Ja~ IL Cart ~. rarrLs Dated~ Harch ~l Svorn to and March ______, · . ~=,~('::././.~.:'.,; ._<~_ .... ,~_ Yiy Cc~m[ ~ ion $ S 117,61? 85/26/1994 85:59 4609949 46e9949 P.e2 05/26/1994 05:59 02-19-1997 04: 35PM 4689949 RELATED (~ 0:' FL '"' I P~C_~ MAR 2 5 1997 85/26/1994 85:59 4689949 RE~O,~~~ PAGE 84 PERMANENT ADDRESS CHANG(= FORM* PROPERTY ~D~ ~ Z'?_ o t NAME ~'~t~"T ~.~~ ADDRESS ~ crrY ~ STATE THL~ HUMBER APPEAR8 JU$'r BELOW THE PiNK AREA OF YOUR Bill 'ziP CODE '~'~ ~ u~; SIGNATU R E ~~~.~~~~_~ '""' NOI1CE: ~ CO~,.~IR ~UNI'f ARF. A ~ CO~I 'WI.L, IF. O~AI'~E~,I.D ~ ~ 1Ir/TAX IROLE. NOTIF'JCATION PERMANENT ADDRESS CHANGE FORM PROPERTY ID# ~ THIS NUMBER APPEAR8 JUST BELOW THE PINK AREA OF YOUR ~,ILL NAME ADDRESS -- CITY ~~J~~STATE ~ __ZIP CODE '~iH ¢~ SIGNATUR E..~~~~_~~~ ~9 BOARD OF COUNTY COMMISSIONERS COLUER COUNTY NAPLES, FLORIDA 33962 RECEIVED FR ~1~~~~~~~ ADDR ESSJ ~ ~~~~ CITY ~~--~ DATE~, 19 ~-~ CHECK"O. ~,.~X3 . INVOICE NO. RECOMMENDATION TO ADOPT AN ORDINANCE TO REPEAL AND SUPERSEDE COLLIER COUNTY ORDINANCE NO. 88-90, AS AMENDED, AND HEREBY ESTABLISH THE COUNTY'S NEW POLICY CONCERNING TELECOMMUNICATION PROVIDERS AND SERVICES; ALSO TO PROVIDE FOR THE REGULATION OF TELECOMMUNICATION COMPANIES USE OF THE PUBLIC RIGHTS-OF-WAYS WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY; ALSO PROVIDING GENERAL PROVISIONS; REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS; TELECOMMUNICATION LICENSE; TELECOMMUNICATION FRANCHISE(re~erved); CABLE FRANCHISE; FEES COMPENSATION; CONDITIONS OF GRANT; CONSTRUCTION STANDARDS; PERIODIC EVALUATION, REVIEW AND MODIFICATION; REPEAL OF ORDINANCE NO. 88-90, AS AMENDED; CONFLICT AND SEVERABILITY; INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. ~I~.,_C..~I_'~: That the Board of County Commissioners adopt a Telecommunications Ordinance that provides for the regulation of Telecommunication Companies that utilize the public rights-of-way in unincorporated Collier County, and stipulates the registration of all Telecommunication Companies doing business in the County. ~: The Ordinance was developed after much study and examination of ordinances being adopted throughout the country. It was put together with input from staff and our consultant, based out of North Carolina, an expert who has worked with local franchising authorities all over the United States, and particularly in Florida. It has had several revisions and has been carefully reviewed by appropriate staff in County Government. Because of the technological explosion in the telecommunications industry, and because of the Federal legislation which deregulated the industry, as well as encouraged increased competition in the delivery of all kinds of communication services, it is necessary for the County to adopt an ordinance which deals with all telecommunication coml~~~~"~ business in the County. Furthermore, since at least three have notified the County they wish to either renew an existing franchise, or enter into a new franchise with the County, it is imperative that the County update its policies concerning cable companies and their use of the Public Rights-of-Way. The registration of all telecommunication companies doing business in unincorporated Collier County will also allow the County to keep a catalog of such companies and encourage, in a competitively neutral fashion, an array of telecommunication services for its citizens that will insure quality, protect consumer rights and also promote public safety. Where applicable, the issuance of franchises or licenses, will allow the County to manage the Public Rights-of-Way, and will assure that the County receive fair compensation for their use. FISCAL IMPACT: Total impact is not known; however the Ordinance provides for a registration fee of $25.00, which would apply to all telecommunication companies. In addition, other fees are associated with those companies who, in the course of business, use the Public Rights-of- Way and who are required to obtain a license or a franchise with the County. Such fees will help defray maintenance costs associated with the upkeep of the Public Rights-of-Way. The cable companies, for example, pay an amount close to $1.5 Million annually in franchise fees in exchange for their use of the Public Rights-of-Way. GROWTH MANAGEMENT IMACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Telecommunications Ordinance. Jean Men'iR Franchise Administration Manager DATE: 3-1~-q7 REVIEWED BY: Michael A. McNees Interim County Manager DATE: v0. OI 2 3 4 $ 6 ? 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Ordinance No. 97 - TELECOMMUNICATIONS STANDARDS ORDXNANCE SECTION 1: GENERAL PROVISIONS Section 1.1: Purpose 1 Section 1.2: Definitions 2 Section 1.3: Registration Section 1.4: Telecommunications License Section 1.$: Telecommunications Franchise Section 1.6: C. ablc Tclevision Franchise 5 Section 1.7: Application to Existing Franchises & Alp'cements 5 Section 1.8: Penalti~ 5 Section 1.9: Other Remedies 6 Section 1.10: Severability 6 SECTION 2: REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS 6 Section 2.1: Registration Required 6 Section 2.2: Registration Fee 7 Section 2.3: Purpose of Registration 7 SECTION 3: TELECOMMUNICATIONS LICENSE 7 Section 3.1: Telecommunications License 7 Section 3.2: License Application 7 Section 3.3: Determination by the County 9 Section 3.4: Agrcerncnt I0 Section 3.5: Nonexclusive Grant 10 Section 3.6: No Rights Granted Section 3.7: Term of Grant 1 2 4 6 7 8 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2~ 29 3o 31 32 33 35 36 Section 3.8: Section 3.9: Section 3.10: Section 3.11: S~tion 3.12: Section 3.13: Section 3.14: Section 3.15: Section 3.16: License Route Location of Facilities Construction Permits Compenmion to County Servi~ to County U~r~ Amendment of Grmt Obligation to Cur~ ~ ~ Condition of Ren~,~l SECTION 4: TELECOMMUNICATIONS FRANCHISE This Section is Reserved. SECTION 5: CABLE TELEVISION FRANCHISE Section 5.1: Section 5.2: Section 5.3: Section 5.4: Section 5.5: Section 5.6: Section 5.7: Section 5.8: Section 5.9: Section 5. I O: SectionS.Il: Section 5.12: Section 5.13: Section 5.14: Section 5.15: C~tble Television Franchise Franchise Application Determination by the County Agr~ment Nonexclusive Grant Term of Grant No Rights Granted Franchise Territory Location of Facilities Cable Television Franchis~ Fees Nondiscrimination I0 10 11 II I1 I1 12 12 12 12 13 13 13 15 16 16 16 16 16 16 18 18 18 19 19 19 1 3 6 7 $ 9 10 11 12 13 16 17 O18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 Section 5.16: Section 5.17: Section 5.18: Section 5.19: Section 5.20: Section 5.21: Resources for Public Purposes, I-Ncr & PEG Access Emergency Alert Ovcrride Amendment of Grant Renewal Applications Obligation to Cure u a Condition of Renewal SECTION 6: FEES AND COMPENSATION Section 6.1: Section 6.2: Section 6.3: Section 6.4: Section 6.5: Section 6.6: Section 6.7: Section 6.8: Section 6.9: Section 6.10: Section 6.11: Section 6.12: Section 6.13: Section 6.14: Application and Review Fee Other County Costs Reserved Compensation for Public Ways Compensation for County Property Co~on Permit Fee Annual ROW Use Fees Teleconununicafion Fees Cable Fees Regulatory Fees and Compensation Not a Tax Report ~md Auditing Books m~d Records Late Paymem Penalty Rate Notification SECTION 7: CONDITIONS OF GRANT Section 7.1: Section 7.2: Section 7.3: Section 7.4: Section 7.5: Section 7.6: Loca~on of Facilities Compliance with One-Call Utility Location Cot~struction Permits Inter~cr~nce with thc Public Ways Damage to Property Notice of Work iii 20 21 22 22 22 23 23 23 23 23 23 23 24 24 24 24 24 24 25 25 25 25 26 26 26 27 27 1 2 3 4 $ 6 7 9 10 11 12 13 14 I$ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 Section 7.7: Section 7.8: Section 7.9: Section 7.10: Section 7.11: Section 7.12: Section 7.13: Section 7.14: Section 7.15: Section 7.16: Section 7.17: Section 7.1 $: Section 7.19: Section 7.20: Section 7.21: Section 7.22: Section 7.23: Section 7.24: Section 7.25: Section 7.26: Section 7.27: Section 7.28: Rrpair ~nd Emergency Work Maint~ce of Faciliti~ R¢loc~on or Rcraoval of Faciliti~ l~mov~l of Un~u~ Faciliti~ F.m~,y R~ov~l or R~location of F~'iHti~ Damage to Grantee's Facilifi~ ~on of Public Way~ Other Way~ Faciliti~. ~ Dray to Provide Information C.~n~ Indemnification P~rformance and Construction Surly Secm'ity Fund R~m~li~-Liquidat~! Damagm Coordination of Con.,~ruction Acfivifi~ A~signm~nt~ or Tr~zfcr~ of Gr~nt Transactions Affecting Control of Gr~nt R~ocafion or T~'mination of Grant Notic~ nd Dray to Cur~ He~ring Standard~ for R~oc~ion or ~ Sanction~ SECTION 8: CONSTRUCTION STANDARDS Section 8.1: Section 8.2: Section 8.3: Section 8.4: Section 8.5: Section 8.6: Section 8.7: Section 8.8: Section 8.9: Construction Codes Con~-uction Permits Applic. ttiom Engineer's Ccrfifi~on Trgfic Control Phn Insuran~ of P~mit ConsU'uction Sc~odul~ Complian~ with Pexmit 27 27 27 27 28 28 28 29 29 29 29 30 30 31 32 33 34 35 35 35 36 36 37 37 37 37 37 38 38 38 38 38 lt 25t 00(' )04'. · l 2 3 $ 6 7 8 9 I0 II 12 13 14 I$ 16 17 18 19 20 21 22 23 24 25 Section 8.10: Displayofl Section 8.1 I: Survey oft Section 8.12: Non-compl~ Sect/on 8.13: Completion Section 8.14: As-Built Section 8.I$: Restoration, Section 8.16: Landscape Section 8.17: ¢onstructio~ Section 8.18: Exceptions Section 8.19: Responsibili! SECTION 9: PERIODIC EVAL[ MODIFICATION. Section 9.1: Section 9.2: Section 9.3: Section 9.4: Section 9.5: Section 9.6: Modification Public Hem.iai The Negoti~c Mediation Contract Am~ 1 2 4 5 6 7 9 Io I1 12 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. 9% TELECOMMUNICATIONS STANDARDS ORDINANCF. AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA, PROVIDING FOR THE REGISTRATION OF TELECOMMUN- ICATIONS CARRIERS AND PROVIDERS; FOR TELECOMMUN- ICATIONS LICENSES; FOR TELECOMMUNICATIONS FRANCHISES; FOR CABLE TELEVISION FRANCHISES; FOR FEES AND COMPENSATION; FOR CONDITIONS OF GRANTS BY THE COUNTY; FOR CONSTRUCTION STANDARDS IN PUBLIC RIGHTS OF WAY; FOR PERIODIC EVALUATION, REVIEW AND MODIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; REPEAL OF ORDINANCE NO. 88-90, AS AMENDED; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted County Ordinance No. 88-90, the Collier County Cable Television Franchise Ordinance on November 15, 1988; and WHEREAS, the Board enacted Ordinance No. 94-12 on March 17, 1994, which amended Ordinance No. 88-90; and WHEREAS, the Board enacted County Ordinance No. 96-15 on March 26, 1996, which further amended Ordinance No. 88-90; and WHEREAS, the Board desires to enact this Ordinance to repeal and supersede Ordinance No. 88-90, and expand the provisions to include all tek>':.ommunications. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: THAT THE FOLLOWING ORDINANCE IS ENACTED: SECTION 1: GENERAL PROVISIONS This Ordinance repeals and superr, edcs Ordinance No. 88-90, as amended. This Ordinance is entitled and should be cited as the "Collier County Telecommunications Standards Ordinance." Section 1.1: Purposes: The purposes and intent herdn is to: AGENO/~ IT~,I ,~ 1 2 3 4 $ 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 39 40 41 42 43 1.1.1: Establish the County's policy concerning telecommunication providers and services; 1.1.2: Establish guidelines, standards end time frames for thc exercise of the County's authority with respect to the regulation of telecommunication providers and services;. 1.1.3: Promote competition in telecommunications in the County;, 1.1.4: Minimize urmeccasary County regulation of telecommunications providers and services; 1.1.5: Encourage the provision of ndvenced and competitive telecommunications services on the widest possible basis to thc businesses, institutions and residents of the County; 1.1.6: Permit and manage reasonable access to the public ways of thc County for telecommunications purposes on a competitively neutral basis; 1.1.7: Conserve thc limited physical capacity of thc public ways held in public trust by 1.1.8: Assure that the County's current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid for by the persons and entities seeking and using such access and causing such costs; 1.1.9: Secure fair and reasonable compensation to thc County and thc residents of thc County for permitting private use of the public ways in he CountT, 1.1.10: Assure that all telecommunications carriers providing facilities or services within the County comply with the County's ordinances, roles and regulations; 1.1.11: Assure that the County can continue to fairly and responsibly protect the public health, safety and welfare with respect to telecommunications; 1.1.12: Enable the County to discharge its public trust consistent with rapidly evolving Federal and Florida regulatory policies, industry competition, and technological development. Section 1.2: Definitions: For the purpose herein, and the interpr~ttion and enforcement thereof, the following words and phrases shall have the following meanings unless thc context of the sentence in which the word is used indicates otherwise: "Cable Act" means thc Cable Communications Policy Act of 1984, 47 U.S.C. §532, ct seq., as now and hereafter amended. 1 2 4 $ 6 7 8 9 I0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 "Cable Operator" means a telecommunications carrier providing or offering to provide "cable service" within the County ns that term is defined in the Cable Act. "Cable Service" has thc same meaning as in thc Cable Act. "County Authorities" means the Board of Collier County Commissions and/or their designee(s). "County" means the County of Collier, Florida. "County Property" means and includes all real property owned by the County, other than public stre~ and utility easements as those terms a~ defined herein, and all property held in a proprietary capacity by the County, which are not subject to right-of-way licensing and franchising as provided in this Ordinance. "Excess Capacity" means the volume or capacity in any duct. conduit, manhole, handholc or other utility facility within any public way that is or will be available for use for additional telecommunications facilities. "FCC" or "Federal Communications Commission" means thc Federal administrative agency, or its lawful successor in function, authorized to regulate and oversee telecommunications carriers, services and/or providers. "Florida Public Service Commission" means the Florida administrative agency, or its lawful successor in function, authorized to regulate and oversee telecommunications carriers, services and/or providers in Florida. "Gnmtee" is all inclusive and includes each respective person or entity in privity with the County under this Ordinance regarding any telecommunications matter and the respective franchisee, grantee, and/or other permittee acquires any privilege, right, franchise, permit, and/or license pursuant to this Ordinance. "Herein" means within this Ordinance. "Other Ways" means the highways, streets, alleys, utility easements and/or other fights- of-way within the County, but under the jurisdiction and control of a governmental entity other than the County, including all dependent agencies of the County. "Overhead Facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such above-ground facilities. lO 1 2 3 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 "Person" includes corporatior associations, firms, pa."mersMps, limit, lessors, trustees, receivers and other aui "Public Street" means any high, used for motor veMcle travel and under and/or interests have been acquired, c~ inconsistent with telecommunications fi "Public Way or Right of Way ~ those words are defined herein, now or the County's fight, title, interest and/or a the ROW for telecommunications faeilir. "State" means Florida. "Surplus Pole Space" means that the necessary clearance from other pole FCC, to allow its use by a telecommunic: "Telecommunications Carrier" me owns, controls, operates or manages plan be used for the purpose of offering telecot "Telecommunications Facilities" n limited to, cables, wires, conduits, ducts, 1: used or planned to be used to tr telecommunications service(s). "Telecommunications Provider" telecommunications service over teleco: management control of the facilities. "Telecommttttications Service" me~ in exchange for other value received, of ~, ProlWamming infom~on between or a microwave, radio, satellite or substantially transm~ion medium. "Telecommunications System" See * "Underground Facilities- means uti] the surface of the ground, excluding the ~ Facilities. :.) ) i 2 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .33 34 36 .37 40 41 42 43 45 "Usable Space" means the to possible a~chment point that p · the orders and regulations ofthe~ "Utility Easement- means anD dedicated, devoted or used for public facilities. "Utility Facilities" means plan poles, pipes, mains, conduits, ducts, above the surface of the ground withh the purpose of providing utility or tele~ Section 1.3: Registration: telecommunications carriers and/or pre or furnishing of telecommm.fications Section 1.4: Telecommunicali telecommunications carrier that desire locate or relocate any telecommtmicatic the County for the purpose of provid/~ within the unincorporated County shall t fi'om the County pta'suant to Section Section 1.5: Telecommunicatic Section 1.6: Cable Television ' telecommunications carrier that desire telecommunications facilities in any publ~ service to persons in the County shall firs in Section 5 her~n. Section 1.7: Application to ~ have no effect on any existing franchise or 1.7.1: 1.7.2: the ex'p/rat/on of said fianch an amendment to an une:q parties agree to defer full respective agreement's prese Section 1.8: Penalties: Any pets neglecting or refusing to comply with any at one hundred dollars (SI00.00} nor more th~ lO 0 E ' 0 E: ,E 1 2 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 31 33 35 37 38 41 42 43 separate and distinct offense may I or continues. Section 1.9: Other Reme~ remedies the County may then hav, are contained in Section 1-6 of the 4 provided by l~orida law. SECTION 2: REGISTRA'I PROVID~ Section 2.1: Registration 1 effective date of this Ordinance (unl, the County's Franchise Administ~, providers that offer or provide any within the County, or whose facii pursuant to this Section 2. Regis Franchise Administrator, which form 2.1.1: The identity and legal 2.1.2: The name, address a responsible for the acc 2.1.3: A description of regi: within the County. 2.1.4: A description of the tel to provide, or is curren~ 2.1.5: Information sufficient licen~g or fi'anchisini 2.1.6: Information sufficient receipt of the telecom~ registrant constitutes telecommunications tax the County. 2.1.7: Information sufficient tx any certificate of author provide telecommunicat 2.1.8: Information sufficient t~ any con.m'ucfion permil 8 9 10 11 12 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 36 37 40 41 42 Federal Communications Commission to provide telecommunications services or facilities within thc County. 2.1.9: Such other information as the County Franchise Administrator may reasonably require. Section 2.2: Registration Fee: Each application for r~gistration as a telecommunications carrier or provider shall be accompanied by a twenty-five dollar ($25.00) fee. Section 2.3: Purpose of Registration: The purpose of registration under Section 2 is to: 2.3.1: Provide the County with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the County, or that own or operate telecommunication facilities within the County; 2.3.2: Assist the County in enforcement of this Ordinance; 2.3.3: Assist the County in the collection and enforcement of any taxes, franchise fees, liccr~ fees or other charges that may be due the County, 2.3.4: Assist thc County in monitoring compliance with Federal, State and local laws, rules and/or regulations. SECTION 3: TELECOMMUNICATIONS LICENSE Section 3.1: Telecommunications Licamse: A telecommunications license shall be required of any telecommunications cam'ier who desires to occupy specific public way~ of the County for the purlx)se of providing telecommunications services to persons or areas within thc incorporated ~ of the Ceunty. Section 3.2: License Application: Any person that desires a teleeonmmnications license pursuant to this Section 3 shall file an application with the County which shall include thc following information: 3.2.1: The identity of the license applicant, including all aftilia!~ of the applicant. 3.2.2: A description of the telecommunications service that are offered or that will be offered by licensee over its telecommunications facilities. 3.2.3: A description of the transmission media that will be used by the licensee to offer or provide such telecommunication services. _ pg. I ~_.... : 1 2 3 4 5 6 7 $ 9 10 Il ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 35 36 37 39 40 41 42 3.2.4: 3.2.5: 3.2.6: 3.2.7: 3.2.8: 3.2.9: Preliminary engine~ to be located within a. the locatic tclecommuni b. the ]ocatior telecommuni, public way al the locationO facilities ofol the sp~fic tt any, that app relocate. If applicant is proposi is available for loc~ along the proposed rot If applicant is proposi withLu thc public ways a. installation ors b. the excess ~ instalhtion of a If applicant is propo~ to be constructed withh a. the location prol be instal~on ofT Acknowledgment that ti DOT's manual on unifc including lane closures a I 2 3 4 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 3.2.10: 3.2.11: Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. This requirement can be waived or modified by the County's Franchise Administrator if such information is then current and on file with the County's Franchise Authority. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise ~garding the telecommunications facilities and services described in the application. This requirement can be waived or modified by thc Franchise Administrator if such information is then current and on file with the County's Franchise Authority. 3.2.12: Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services. 3.2.13: All fees, deposits or charges required pursuant to Section 6 of this Chapter. 3.2.14: Such other and further information as may be reasonable required by the County's Franchise Administrator. Section 3.3: Final Decision by the County: Within one hundred twenty days (120) days after receiving a complete application under Section 3.2 herein, the Franchise Administrator will issue a written determination to grant or deny the application in whole or in part, applying the following standards. If the application is denied, the written decision shall include all r~asons for the denial. 3.3.1: The financial and technical ability of the applicant. 3.3.2: The legal authority of the applicant. 3.3.3: The capacity of the public ways to accommodate the applicant's proposed facilities. 3.3.4: The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted. 3.3.5: The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping ifthe license is granted. 3.3.6: The public inter~ in minimi~ng the cost and disruption of consm~on within the public ways. 3.3.7: The service that applicant will provide to the community 9 1 2 3 4 6 7 9 I0 il 12 13 14 !$ 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 37 38 39 41 42 43 3.3.8: Thc effect, ifeny, on public health, safety end welfare ifthc license is granted. 3.3.9: The availability of alternate mutes end/or locations for the proposed facilities. 3.3.10: Complienec with applicable Federal, State end local telecommunications laws, rules, regulations and policies. 3.3.11: Such other factors as may demonstrate that the grant to use thc public ways will serve the community interest. Section 3.4. Agreement: No license granted hereunder shall be effective until the applicant and the County have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and usc public ways of the County will be granted. The County's Franchise Administrator is hereby delegated full authority to execute each such agreement on behalf of the County. Section 3.5. Nonexclusivc Grant: No license granted under this Section shall confer any exclusive right, privilege, license or franchise. Section 3.6. No Rights Granted: No license granted under this Section shall convey any right, title or interest in the public ways, but shall be deemed a bare license with no interest coupled thereto only to use and occupy the public ways for the limited purposes and term expressly stated in the grant. Fm'ther, no license shall be construed as any warranty oftitle to any persons or entities. Section 3.7. Term of Grant: Unless otherwise expressly specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five (5) years from its effective date. Section 3.8. License Route: A telecommunications license granted under this Section shall be limited to a grant of the specifically identified public ways and defined portions thereof. Section 3.9. Location of Facilities: Unless respective license agreement, all facilities shall be accordance with the following terms and conditions: otherwise expressly specified in the constructed, installed and located in 3.9. I: Telecommunications facilities shall be installed within an existing underground duct or conduit whenever ~e,c,~s capacity exists within such utility facility. 3.9.2: A licensee with permission to install overhead facilities shall install its tclecommunicatiom facilities on pole attachments to existing utility poles only, and then only if surplus space is available. 3.9.3: Whenever any existing electric utilities, cable facilities or telecommunications facilities arc located underground within a public way 10 ! 2 3 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 45 3.9.4: with permission to occu telecommunications fao Whenever any new or telecommunications facilitie way of the County, each (~ shall r~locate its facilities m Franchise Administrator and designee, each such rcloca minimize disruption o£ the p concurrently, then it must t time, which shall not be later time is granted by the Count County's Public Works Dir~ 3.9.5: Whenever new telecommunic ducts, conduits, manholes., easement to reasonably acc facilities, the Grantee shall manholes and other facil telecommunications carriers. Section 3.10: Construction Per~ permits for telecommtmications facilities a~ t nothing in this Section 3 shall prohibit the ( plan review, i~.mit and construction proccdtt procodures provide substantially equivalent r~ Section 3.11: Competition to Cot~ subject to the County's right, which is here reasonable compensation to be paid for the Ordinance restricts the County and the licer~ the County by that Licensee. Section 3.12: Service to County Users telecommunications services to persons or application for approval pursuant to Section 3-.' Seetion 3.13: Amendment of Grant: 3.13.1: A new license application and l carrier that desires to extend o public way of the County which granted under this Order, ~ 1 2 3 4 $ 6 '7 8 9 10 11 12 13 14 16 18 19 20 21 22 25 ~6 27 29 ~2 36 37 38 aO 41 3.13.2: If ordered by the County to locate or relocate its facilities in any public way not included in a previously granted license, thc County shall summarily grant a license amendment without further application. Section 3.14: Renewal Applications: A Grantee that desires to rencw its license under this Section 3 shall, not more than one hundred cighty (180) days nor less than ninety (90) days before expiration of its then current license, file an application with the County for renewal of its license which application shall include the following: 3.14.1: Information required under Section 3.2 of this Sectk~n. 3.14.2: Any other information required by the license agreement between the County and the Grantee. Section3.15: Renewal Determinations: Within ninety (90) days after receiving a complete application under Section 3.14 herein, the Franchise Admini~i~tor shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. 3.15.1: The financial and technical ability ofthe applicant. 3.15.2: The legal authority of the applicant. 3.15.3: The continuing capacity of the public ways to accommodate the applicant's existing facilities. 3.15.4: Thc applicant's compliance with the requirements herein and thc license agreement. 3.15.5: Applicable Federal, State and local telecommunications laws, roles, and regulations. 3.15.6: Such other factors as may demonslrate whether the continued grant to use the public ways will serve the c~nununity interest. Section 3.16: Obligation to Cure As a Condition of Renewal: No license shall be renewed until all ongoing violations or defaults in the licen.s~'s performance of the license agreement, or of the requirements herein, have been cured, or a plan detailing the corrective action that will be promptly taken by the Grantee has been approved in writing by the County's Franchise Administrator. SECTION 4: TELECOMMUNICATIONS FRANCHISE This Section is Reserved. 12 ! 2 4 6 10 Il 12 13 14 15 16 17 19 2O 21 22 23 24 26 27 29 3O 31 32 34 35 36 35 41 42 43 SECTION 5: CABLE TELEVISION FRANCHISE Section 5.1: Cable Television Franchise: A cable television franchise shall be required of any cable television operator who desires to occupy any public way of thc County to provide any cable television service to any person or entity in thc unincorporated area of thc County. Section 5.2: Franchise Application: Any person that desires a cable television franchise pursuant to this Section 5 shall file an application with the County which shall include the following information: 5.2.1: Thc identity of thc fxanchisc applicant, including all affiliates of the applicant. 5.2.2: A description of thc cable service that is or will be offered or provided by the franchise applicant over its existing and/or proposed facilities. 5.2.3: A description of thc transmission media that will bc used by thc franchisee to offer or provide such service. 5.2.4: Preliminary engineering plans, specifications and a network map of the facilities to be located within the County, all in sufficient detail to identify: ao the location end route requested for applicant's proposed telecommunications facilities. thc location of all overhead and underground public utility, telecommunication, cable, water, mcr drainage and other facilities in the public way along the proposed route. thc location(s), if any, for interconnection with telecommunications facilities of other providers or PEG access facilities. the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. 5.2.5: If applicant is pwposing to install overhead facilities, evidence that adequate surplus space is available to locate its telecommunications facilities on existing utility poles along the proposed route. 5.2.6: If applicant is proposing an underground installation in existing ducts or conduits within any public way, information in sufficient detail to identify: the excess capacity then available in such ducts or conduits before installation of applicant's telecommunications facilities; 13 I 2 3 4 $ 6 7 $ 9 10 il 12 13 14 16 17 15 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 41 42 43 5.2.7: 5.2.8: 5.2.9: 5.2.10: 5.2.11: bJ the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: n. thc location proposed for thc new ducts or conduits; b. thc excess capacity that will exist in such ducts or conduits after install~on of applicant's telecommunication facilities. 5.2.12: 5.2.13: A preliminary construction schedule, including estimated completion dates. Acknowledgment that any traffic control plan of the applicant shall conform with FL- DOT's manual on uniform traffic control procedures as related to public safety issues regarding lane closures and construction work in the public way(s). Unless waived by the County's Franchise Administrator, Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicanfs financial ability to construct, operate, maintain, relocate and remove the facilities. Unless waived by the County's Franchise Administrator, information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or pwvide the telecommunications services. Whether or not the applicant intends to provide cable service, open video service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising. 5.2.14: An accurate map showing the location of all existing cable tel~ei~ion facilities in the County that applicant intends to use or l~.se. 5.2.15: A description of the services or facilities that thc applicant will offer or make available to thc County and other public, educational and governmental institutions. 14 i 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 40 41 42 43 45 5.2.16: A description of applicant's access and line extension policies. These policies shall conform to the provisions contained within Section 5.9 herein. 5.2.17: Thc area or me, as of the County the applicant desires to serve and a schedule for build-out to the entire franchise area. 5.2.18: All fees, deposits or charges required pursuant to Section 6 her,~n. 5.2.19: Such other and further information as may be reasonably requested by the County's Franchise Administrator. Section 5.3: Decision by the County: Within one hundred fifty (150) days after receiving a complete application under Section 5.2 herein, thc Franchise Administrator shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial. 5.3.1: The financial and technical ability of the applicant. 5.3.2: The legal authority of the applicant. 5.3.3: The capacity of the public ways to accommodate the applicant's proposed facilities. 5.3.4: The capacity of the public ways to accommodate additional utility and cable television facilities if the franchise is granted. 5.3.5: The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the fi'anchise is granted. 5.3.6: Thc public interest in minimizing the cost and disruption of con.s~ction within the public ways. 5.3.7: The service that applicant will provide to the community and region. 5.3.8: The effect, if any, on public health, safety and welfare if the franchise requested is granted. 5.3.9: The availability of alternate routes and/or locations for the proposed facilities. 5.3.10: Applicable Federal, State, and local teleconununications laws, roles, and regulations. 5.3.11: Such other factors as may demonstrate whether the grant will serve the community interest. 15 1 2 $ 6 7 8 9 10 I1 12 13 14 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 4O 41 42 43 Section 5.4: Agreement: No franchise shall be granted hereunder unless thc applicant and thc County have executed a written agreernent settins forth the particular terms and provisions under which the franchise to occupy and usc public ways of the County will be granted. Thc Franchise Administrator is hereby granted full authority to execute such agreements on behalf of thc County. Section :5.5: Noncxclusivc C. rant: No franchise gnmted under this Section shall confer any exclusive right, privilege, license or ~mchise. Section :5.6: Term of Grant: Unless otherwise expressly specified in a franchise agreement, a cable television franchise granted hereunder shall be valid for a term of ten (10) years from its effective date. Section :5.7: No Rights Granted: No franchise granted under this Section sludi convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for thc limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty oftitlc to any person or entity. Section :5.8: Franchise Territory: A cable television franchise granted under this Section shall be limited to the geographic area of the County to be served by the franchise Grantee, and thc specific public ways neccssary to serve such areas. The cable television Grantee shall not exclude from its services any high-cost (per customer) srea, any rural location, or any person based on that person's income. Section:5.9: ~on of Facilities: Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions: 5.9.1: The County, at its sole discretion, may require at not cost to the County the Grantee to locate and identify its cable television facilitie~ within the public fights-of-way. 5.9.2: The County reserves the right, upon reasonable notice, to require the Grantee at its expense *~ protect, support, temporarily disconnect, relocate or remove from thc County's street any property of the Grantee by reason of tral~c conditions, public safety, street 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 other types of structure or im?rovcmcnts by governmental agencies or any other structures proposed for public improvcmenL Reasonable notice for ~i__, provision means at least nincty (90) days, except in thc case of emergencies where no specific notice period shall be required. Thc County shall endeavor to notify and seek comment from the Grantee with respect to minimizing di~ ~n,~ to the Cable System, where public works projects may affect the Grantee cab~,~~~ HAR 25 16 1 2 5 6 ? 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 2? 28 29 30 31 32 33 36 3? 39 40 41 42 43 5.9.3: 5.9.4: 5.9.5: 5.9.6: 5.9.7: 5.9.8: 5.9.9: Cable Television facilities shall be installed within an existing underground duct or conduit whenever available excess capacity then exists within such utility facility. A franchisee with permission to install overhead facilities 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 any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the County, each Grantee that currently occupies the same public way shall relocate its facilities underground at no cost to the State or County. Absent extraordinary circumstances or undue hardship as determined by the County Franchise Administrator and the County's Public Works Administrator or his/her designee, each such relocation underground must be made concurrently to minimize disruption of the public ways. If the existing Grantee does not relocate concurrently, then it must relocate underground within a reasonable period of time, which shall not be later than the end of the grant term unless an extension of time is granted by the County's Franchise Administrator with eoncurranee by the County's Public Works Director. Whenever a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities offthc public right of way and shall make every effort to locate its telecommunications facilities within the public why before seeking private easements within the County. The Grantee, at no cost to the County ofthc State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. The Grantee shall locate, place and construct its telecommunications facilities ,so as not to interfere with the construction, location ~nd maintenance of sewer and/or water mains, lines or c,~,.-mections. The Grantee shall take appropriate preventative measures to protect existing facilities within the 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, from time to time, but no longer than on~ .-0) year from ~ 17 ~GENDA I;FEI~/ ,'~ HAR2519 ? -- 1 2 4 6 ? $ 9 lO 11 12 I$ 19 2O 21 22 23 24 25 26 28 29 3O 32 37 41 42 43 completion of thc job, readjust, fill and finish the same as may be necessary due to settling of thc earth associated with thc Grantee's disruption of the public way. 5.9.10: Whenever new telecommunications facilities will exhaust the capacity of existing duets, conduits, manholes and other facilities within a public street or utility easement to reasonably accommodate future telecommunications carders or facilities, the Grantee shall at that time provide additional duets, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers. 5.9.11: The Grantee shall adhere to all Federal, State and local laws, rules and regulations regarding thc location, construction, and maintenance of its telecommunications facilities within the public fight-of-way. Section 5.10: Construction Permits: Ail franchisees arc required to obtain construction permits for telecommunications facilities as required in Section 8 herein provided, however, that nothing in this Ordinance shall prohibit thc County and a franchisee from agreeing to alternative plan review, permit and construction procedures in their franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 5.11: Compensation to County: Each franchise granted under this Section is subject to thc County's fight, which is hereby expressly reserved, to annually fix a fair and reasonable compensation to be paid for the fights granted to thc franchisee; provided, nothing in this Ordinance prohibits the County and the franchisee from agreeing to the compensation to be paid to the County. Section 5.12: Cable Television Franchise Fees: The Grantee shall pay thc County throughout thc term of the franchise, as compensation, an annual fi-anchise fcc of five percent (5%) of thc Grantee's gross revenues, unless otherwise expre~ly provided otherwise in the franchise agreement. 5.12.1: All payments of franchise fees shall be duc and payable quarterly by April 30, July 31, October 31 and January 31 for the preceding three (3) month period ending respectively on March 31, June 30, September 30 and December 31. Franchise fee payments ~hal! be accompanied by a report itemizing and setting forth thc revenues/receipts and showing thc calculation of the correct payment for thc preced~g quarterly period. 5.12.2 Gross revenues mean all revenue received by the Grantee arising from or attributable to thc sale of cable services provided by C-mntee within the County or derived from thc operation within the County of its System, including, and limited to all of the following: monthly Cable Service fees; installation, connection, disconnection, rcconnection up/down grade fees for the provision of Cable Service; leased access fees, late fees; bad debt icc 18 IlAR 2 5 ~97 -- ! 2 3 4 $ 6 ? $ 9 I0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 37 38 39 4O 41 42 43 Service fees; receipts for service and/or rentals; also advertising revenues attributed to the operation of the Cable System and video or audio program services; also leased channel fees; video and/or audio program service equipment rentals; also advertising revenue received by Grantee from video or audio program services; also revenues received by Grantee from shopping and substantially similar channels. This sum shall be the basis for computing the fee required by Section 5.12 herein. 5.12.3 Gross revenues shall not include any of the following: converter or other equipment deposits, bad debts, franchise fees, FCC regulatory charges, any sales, excise or any other taxes collected by Grantee on behalf of any state, city, county or other governmental unit; refunds to subscribers by Grantee; sales type commissions actually paid to others; reimbursement for expenses (including returned check fees, copy expenses and similar items); or items excluded by local, State or Federal law. 5.12.4 To the extent permitted by law, gross revenues include: revenues received for the provision of data transmission, point to point telecommunications, telephone or telephony services. Where advertising or other revenue arising from or attributable to the sale of cable services by Grantee is received by um'~lated third parties not under control of Grantee, and some portion of that revenue is remitted to Grantee, only the portion of such revenues due and owing to Grantee (whether or nor actually received) shall be included in the calculation of gross revenues. Section5.13: Nondiscrimination: Each franchisee shall make its cable television services available to any customer within its franchise 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. Section 5.14: Service to the County: 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 otherwise in the agreement. Section 5.15: Interconnection: For the purpose of and to the extent required to accomplish tnmsporting I-Net and PEG access channels, the Grantee shall interconnect its telecommunications 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. 5.15.1: Interconnection of the systems may be accomplished by direct hard cable connection, microwave link, satellite, or other appropriate means. 19 AGENDA ITEU. \1 HAR251997 1 2 3 4 6 ? 9 I0 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 3? 39 41 42 43 45 5.15.1: Upon receiving a directive from 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 interconnection shall be made within the time limits as established by the County's Franchise Administrator 5.15.3: The Grantees 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 Grantees 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 necessazily cause an unreasonable or unacceptable increase in subscriber rates. 5.15.4: The Grantees shall cooperate with any interconnection corporation, regional interconnection authority or local, State and/or Federal regulatory agency established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the County. Further, the Grantees shall cooperate with other telecommunications operators to standardize the number of channels likely to be interconnected; also to establish a uniform fi'equency or channel assignment plan that would permit the maximum number of systems to interconnect and to standardize uniform channel assignments throughout the affected region. Section 5.16: Resources for Public Purposes, I-Net & PEG Access: The Grantee shall designate no less than two (2) fibers of installed capacity on its fiber optic system within the County, exclusive of PEG channels, for civic purposes. The fibers shall be available to the County and County designated public agencies to serve as an Institutional Network (I-Net) and shall be reserved for use by the County in a manner consistent with Federal and State laws, roles and regulations. 5.16.1: The County, at its sole discretion, may either:. (a) purchase at the marginal construction cost, or Co) lease at the marginal operating cost, any portion of such I-Net capacity excluding PEG channel signal carriage. I-Net cahoacity acquired by the County pursuant to this provision shall not be sold or leased by the County to any entity which may use that capacity to compete directly with any services then offered by the Grantee. 5.16.2: Upon reasonable notice the Grantee shall extend, without cost to the County of the State, the I-Net to my public building locked within Gnntee's cable system service area that is also located two hundred fifty feet (250') or less from the nearest possible interconnection with that Grantee's telecommunication system. 5.16.3: The Grantee shall cooperate with the County in the d oancl ~elcction components necessary to implement its application and, I I 2 3 4 5 6 7 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 furnish terminal equipment at Grantee's cost and Co) manage the tags and authorizations of said equipment at no cost to thc County. 5.16.4: The Grantee, upon presenting to the County a right of first refusal, may use such capacity reserved under this Section for its own purposes. Thc Grantee shall give thc County not less than ninety (90) days advance written notice of its intent to exercise its right under Section 5. ! 6. 5.16.5: Agreements regarding use of thc I-Net is subject to all local, State, and Federal laws applicable thereto. To the greatest extent permitted by law, the County 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 County or other public agency user control carried on the I-Net, including and not limited to copyright infringement, libel, slander, defamation, patent, trademark, and/or invasion of privacy claims. 5.16.6: The parties agree that I-Net contributions by or on behalf of the Grantee to the County do not constitute an in-kind payment or franchise fee. 5.16.7: Reservation of PEG Channels. Thc Grantee shall reserve at least six (6) PEG access channels on its residential distribution system, on the effective date of the franchise. (3nc (1) upstream channel shall be reserved as a PEG access return feed when and where available. The PEG provider shall furnish the siEnal transportation equipment, including modulators. 5.16.8: The County's Franchise Administrator shall provide the Grantee at least forty- five (45) days prior notice of thc required up/down stream activation. 5.16.9: PEG access signal transportation on the Grantee's cable system or interconnection facilities shall be provided without charge to the 'County and/or to any PEG Access Center. 5.16.10: In the event a previously activated PEG access channel is not utilized for more than twelve (12) continuing months, the Grantee, upon ninety (90) days advance written notice to the County, shall have the right to reclaim the unoccupied "dark" channel(s). The County or its access provider shall have the right to reclaim the channel(s) in accordance with the provisions of the Periodic Evaluation and Review process, Section 9 herein. Section 5.17: Emergency Alert System: The Grantee shall install and maintain an emergency alert system (EAS) pursuant to the then current FCC's roles and with the then current Florida Emergency Alert System Plan. The County's Public Safety Communication Center shall be provided with access to the system so that the Center can commtmd - HAR 21 I 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 and alerts to residents of the County. The emergency alert system shall be activated by thc Grantee pursuant to the rules as then promulgated by the Florida Emergency Alert System Plan. Section 5.18: Amendment of Grant: 5.18.1: A new franchise application and grant shall be required of any telecommunication operator that desires to extend its franchise territory or to locate its cable television facilities in public ways of the County which are not expressly included in a fi'anchise previously granted under this Chapter or under Ordinance no. 88-90, as amended. 5.18.2: If ordered by the County to locate or relocate its telecommunication facilities in public ways not included in a previously granted fi'anchise, the County shall grant a fi'anchise amendment without further application to facilitate such ordered changes. Section 5.19: Renewal Applications: A Grantee that desires to renew its franchise under this Section shall, not more than thirty-six (36) months before expiration of its current franchise, file an application with the County for renewal of its fi'anchise which application shall include the following information: 5.19.1: The information required by Section 5.2 herein. 5.19.2: Any additional information, if any, that is required by the franchise agreement between thc County and the Grantee. Section 5.20: Renewal Determinations: Within one hundred fifty (150) days after receiving a complete application under Section 5.2 herein, the Franchise Administrator shall issue a written decision granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. 5.20.1: The financial and technical ability of the applicant. 5.20.2: The legal authority of the applicant. 5.20.3: The continuing capacity of the public ways to accommodate the applicant's existing facilities. 5.20.4: The applicant's compliance with the requirements herein and the fxanchise agreement. 5.20.5: Applicable Federal, State and local telecommunications laws, rules and policies. AGENO/~, IT,~.I~ ,'~ ttAR 2 5 22 1 2 3 4 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 5.20.6: Such other factors as may demonstrate whether the continued grant to use the public ways will serve the community interest. Section 5.21: Obligation to Cure As a Condition of Renewal: No franchise shall be renewed until ali ongoing violations or defaults in the grantee's performance of the franchise agreement, or of the requirements in this Ordinance, have been cured, or a plan detailing the corrective action that will be taken by the Grantee has been approved in writing by the County's Franchise Administrator. SECTION 6: FEES, COMPENSATION AND REVIEW Section 6.1: Purpose: Subject to limitations now or hereafter imposed by State and/or Federal law, it is the purpose ofthis Section to provide for the payment and recovery of all direct and indirect costs and expenses of the County related to the enforcement and/or administration of this Ordinance. Section 6.2: Application and Review Fee: 6.2.1: Any applicant for a license or franchise pursuant to Article 3, 4 or 5 herein shall pay a fee often thousand dollars ($10,000). 6.2.2: 6.2.3: The application and review fee shall be deposited with the County as part of thc application filed pursuant to Section 3, 4 or 5 in this Ordinance. An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within sixty (60) days of its application and review fee written request, be refunded the balance of its deposit under this section, less: a. five thousand dollars ($5,000); and less all ascertainable costs and expenses incurred by the County in connection with that application. Section 6.3: Other County Co:,~: All license and/or franchise Grantees shall, within thirty (30) days after written demand therefor, reimburse the County for all direct and indirect costs and expenses incurred by the County in connection with any modification, amendment, renewal or transfer of thc license or franchise or any license or franchise agreemenL Section 6.4: Reserved Compensation for Public Ways: The County hereby reserves its right to annually fix a fair and reasonable compensation to be paid to the County for the rights granted to each respective telecommunications license or franchise Grantee. Nothing in this Ordinance shall prohibit the County and thc Grantee from agreeing to the compensation to be paid to the County. -- AGENDAr I'gEM .~I HAR 2 5- 997-- 23 00(' "~ OL" J~O0 ' 00(.' :L. ~,., .. 3' ,,,~ :L, f f $ 6 7 8 9 IO 11 12 13 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 37 40 42 43 I Section 6.5: Compensat: 2 license, franchise or other mannc 3 telecommunications facilities, the 4 Resolution of the Board of County Section 6.6: Constructior permittee shall pay a permit fee Resolution No. 96-594, as may be and/or Ordinance that performs the Section 6.7: Annual ROI; respective license or franchise gran annual use fee to the County equal inches (3") in diameter;, seventy five (3") inches but less than six inche facilities greater than six (6") inches one dollar twenty, five cents ($1.25) diameter but less than twelve (12") h direct and ind/rect costs and supervising the use and/or occupancy any, exceeding twelve (12") inches h County Commissioners by Resolutio~ on the anniversary of the respective Ordinance to install additional capa capacity shall be exempt bom any A placed into actual use; see, for one exat Section'6.8: Telecommunicat to the franchise fees, payments and cost Sect/on 6.9: Cable Fees: Cai fees, payments and costs provided in Grantees is for the right to construct and way and is hq lieu ora ROW use fee. Section 6.10: Regulatory Fees a costs provided/'or in this Section 6, and provided for hq Sect/on 6.4 of this Sect Federal, State, local taxes as may telecommunicatious carrier or provider, it del/very, or transmission of telecommtmj otherwise by Federal or State statute(s). Section 6. I I: Report and Auditin8 statement within ninety (90) days of the I 2 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 franchisee who is responsible for that Grantee's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations for that immediately preceding calendar year. Upon ten (I0) days prior written notice to the Grantee, thc Count), 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 fnmchise fee underpayment of three percent (3%) or more, thc Grantee shall be responsible to pay all reasonable costs of such audit and promptly remit payment for same to the County. If thc under payment is less than three percent (3%), the County shall bear all of its costs associated with that audit. Section6.12: Books and Records: The Grantee's books and records concerning its Gross Revenues and its calculation of payments to the County, shall be available for inspection by appropriate Staff of the County, or their designees, at reasonable times to determine the amount of compensation due to the County from Grantee under the fi'anchise. Such records shall be kept by the Grantee so as to clearly and accurately show same. Without cost to the County, the Grantee shall prepare and make available to the County at times reasonably requested by the County and in the form as may be prescribed by the County after consultation with the Grantee, such reports with respect to its telecommunication enterprise and the gross revenues derived therefrom, as the County may deem reasonably appropriate. Section 6.13: Late Payment Penalty: If Grantee makes an underpayment and/or fails to make any payment on or before the date that it is due, Grantee shall pay interest at a rate of one percent (1%) per month on ali under payment and/or late payment. Section 6.14: Rate Notification: The Grantee shall file no less frequently than annually all tariffs, amendments, or modifications affecting the sale of its services and shall provide written notification to thc County within thirty (30) days of each such proposed change(s). SECTION 7: CONDITIONS OF GRANTS BY THE COUNTY Section 7.1: Location of Facilities: All facilities shall be constructed, installed and located in accordance with the following te,,is and conditions, unless otherwise expressly specified in a license or franchise agreement: 7.1.1: A Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. 7.1.2 To the extent that a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities off the public of way, and shall make every effort to locate its facilities within the public way before seeking private easements within the County. The Grantee shall relocate its facilities and appliances which are in conflict with any County project. The relocation shall be performed by the Grantee at no cost to the County and said costs shall not be passed on to Grantees' customers. - Nd 2 5 1 97 25 Pg.~ _ - ~ * ( · I ( 1 2 4 5 6 7 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 7.1.3: 7.1.4: A Grantee with pc telecommunications and then only ifsurph Whenever any existir facilities ar~ located with permission to telecommunications fa 7.1.5: Whenever any new telecommunications fa~ way of the County, shall relocate its faciliti extraordinary circum~ FrancMse Administrato designee, each such r minimize dis~'ption concmr~tly, then it m time, which shall not be time is granted by the C County's Public Works I 7.1.6: Whenever new teleconur street or utility easement the Grantee shall provide for nondiscriminatory acc exempt from any Annual into use. Section 7.2: Compliance with Grantees d~alL before commencing any, location regulations of the Sunshine State Section 7.3: Construction Perm~ obtain conmuction permits for ~leco~ However, nothing in this Ordinance alternative plan review, permit and constr provided such alternative procedures construction practices. Section 7.4: Interference with th~ locate or maintain its telecommunications f any public way by the County, by the pubt be present in or upon that public way. d lee, ~O It(, :t I (':. I 2 4 $ 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 24 26 27 28 29 3O 32 38 39 41 42 temporarily or permanently, as d( County's Franchise Admi~strator. Section 7.5: Damage to ~ acting on a grantee's behalf shall tal may impair or damage any tangible Way, or other tangible property ]oca Section 7.6: Notice of Wo franchise agreement, no license or behalf; shall commence any non-em any Other Way without giving at Ie~ Section 7.7: Repair and ~ emergency, a Grantee may commenc under those circumstances, provided before such repair or emergency wor~ possible. Section 7.8: Mainteaance ol maintain its facilities in good and. applicable Federal, State and/or local I Section 7.9: Relocation or ~ written notice fn)m the County, a temporarily or permanently r~mov telecommunications or other facilities. authorities shall have determined that s~ necessaz7 to accommodate: 7.9.1: The construction, r.-pa public improvement in 7.9.2: The operations ofthe C Section 7.10: Removal of Una~ written notice fi'om the County, any Cn owns, controls or maintains any unaufl appurtenances within any public way(s) facilities or appurtenances from each su system or any other facility is unauthori circumstances: I 2 3 4 5 7 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 O44 45 7.10.1: Upon expiration or termination of the grantee's telecommunications license or franchise. 7.10.2: Upon abandonment witl~n the public way of the County. 7.10.3: If the system or facility was constructed or installed without the prior grant of the required telecommunications license, fi'anchise and/or permit. 7.10.4: If the system or facility was constructed or installed without thc prior issuance of a required construction permit or other permit for same. 7.10.5: If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise, and permits. Section 7. I 1: Emergency Removal or Relocation of Facilities: The County retains all fights to cut or move any telecommunications facilities located within any public way of the County as the County then determines to be appropriate in response to any public health or safety emergency. Section 7.12: Damagc to Grantee's Facilities: Unless directly and pwximately caused by willful, intentional tort or malicious act by the County, the County shall not be liable for any damage to or loss of any telecommunications facility within each and every the public way(s) of the County as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, and/or any other work of any kind in the public ways by or on behalf of the County. Section 7.13.1: 7.13.2: 7.13.3' 7.13: Restoration of Public Ways, Other Ways and other County Property: When a license or franchise Grantee, or any person acting on its behalf, does any work in or affecting any Public Way, Other Way or other tangible County Pwpcrty, it shall, at its own expense, pwmpfly remove any obstructions therefrom and restore each such way(s) and/or tangible County property to as good a condition as existed before the work was undcrtaken, unless otherwise directed by the County. If weather or other conditions do not permit the complete restor~on required by this Section 7.13, the Grantee shall, if requested by the County, temporm-ily restore each such affected way or property. Such temporary restoration shall be at no cost or expense to the County or State. The Licensee shall promptly undertake and complete the required permanent restonttion when the weather and other physical conditions no longer prevent that pernument restoration. A Grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of the public to prevent injury or physical damage to any person, vehicle or tangible property by reason of such work in or affecting 28 such way(~ I 4 $ 6 7 8 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 40 41 42 43 Section 7.14: Faciliti~ County with aa accurate map d within each public way. Wit~ aunually with updated maps. calendar year no changes arc m.- Section 7.15: Duty to F from the County's Franchise infomuttion sufficient to demons 7.15.1: That the Grants sa/es, message a with the telecon have been proper 7.15.2: That all books, with respect to inspect/on /n Col Section 7.16: ~.~ased approval, to offer or pro.de capacit 7.16.1: ~'ant~ shall no cost to the count. 7.16.2: The customer or ! apPlicable Section 7.17: Gramee Insur~ franchise agreement, each ~rante~ si · following liability insurance policies e/ected and appointed o~cers, offici~ 7.17. I: Comprehensive gcnen a. five million dolh b. five million dolle one accident; aad~ c. five million dollar 1 2 3 4 $ 6 7 $ 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 ~7 40 41 42 43 45 7.17.2: Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for each accident. 7.17.3: Worker's compensation within statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000). 7.17.4: Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000). 7.17.5: The liability insurance policies required by this Section 7.17 shall be maintained by the Grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the Grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain substantially the following endorsement: It is hereby undemood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after r~7~ipt by the County, by registered mail, of a written notice addressed to the County Manager of such intent to cancel or not to renew. 7.17.6: Within sixty (60) days aRer receipt by the County of ~aid notice, and in no event later than thirty (30) days prior to said cancellation, the Grantee shall obtain and furnish to the County replacement insurance policies meeting thc requirements of this Section. Section 7.18: General Indemnification: Each license or franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the County and its officer~, employees, agents and representatives harrale~s from and against any and all damages, losses and cxpemes, including rea.sortable attomcy's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or miw. onduct of the Grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telccommunications facilities, and in pwviding or offcring telecommunications scrviccs over the facilities or nctwork, whcthcr such acts or omissions arc authorized, allowed or prohibited by this Chapter or by a grant agrccment made or entered into pursuant to this Chapter. Section 7.19: Pcrformancc and Construction Surety: Bcforc a license or franchise granted pursuant to this Chapter is effective, and as necessary thereafter, thc Grantee shall provide and deposit such monies, bonds, letter~ of credit or other 30 ! 2 3 4 $ 6 7 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 substance acceptable to the County as may be required by this Chapter or by an applicable license or franchise agreement. Section 7.20: Security Fund: Each Grantee shall establish within sixty (60) days, from the date of license or franchise award, a permanent security fund with the County by depositing fifty thousand dollars ($50,000) with the County in cash, or an unconditional letter of credit or other imtn~'nent acceptable to the County Attorney, which fund shall be maintained at the sole expense of Grantee so long as any of grantee's telecommunications facilities m'e loca:ed within any public ways of the County, or the fund is otherwise refunded to the Grantee by the County. 7.20.1: The fund shall serve as security for the full and complete performance herein, including any costs, expenses, damages or loss the County pays or incurs because of any failure attributable to the Grantee to comply with any code, ordinance, rule, regulation or permit of the County. 7.20.2: Before any sums arc withdrawn from the security fund, the County shall give written notice to the Grantee: describing the act, default or failure to be remedied, or the damages, cost or expenses which the County has incun-~ by rea.son of grantee's act or default; providing a reasonable opportunity for Grantee to first remedy the existing or ongoing default or failure, ifcurable; providing a reasonable opportunity for Grantee to pay any monies due the County before the County withdraws the amount thereof from the security fund, if applicable; 7.20.3: that the Orantee will be given an opportunity to review the act, default or failure described in the notice with the County Manager or his designee. Grantee shall replenish the security fund within fourteen (14) days after written notice fi'om the County that there is a deficiency in the amount ofthe fund. 7.20.4: The rights reserved to the County with respect to the letter of credit are in addition to all other rights ofthe County, whether reserved by the license or franchise, or authorized by law, and no action, proceeding or exercise of a right with respect to such a Ictter shall affect any other right the County may have. 7.20.5: The letter of credit shall contain substantially endorsement: 31 the following AGENDa I"r,,E~, 'N ,'.,. HAR 2 5 - i 2 3 4 5 6 7 10 !! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 It ts hereby understood and agreed that this letter of credit shall not be canceled by the ~urety nor the intention not to renew be stated by the surety until thirty (30} day~ after receipt by the County, by regtstered mail, of a written notice of ~tch an intention to cancel or not to renew. 7.20.6: The Grantee shall renew the letter ofcredit 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 eat/fie the County to draw down the letter ofcredit in its entirety. Section 7.21: Remedies-Liquidated Damages: Unless modified in the rt~q~-five document, thc following shall be inserted into each fianchise, license, and/or grant: If the Grantee's failtu~ to comply with provisions of this document and/or with the County's Telecommunications Ordinance, as amended from time-to-time, results in injury to the County, and as it will be difficult to prove the extent of such injtu% the County and the Grantee hereby agnm to the following liquidated damages, which represent beth parties' best estimates of the damages resulting from the injury. 7.21.1: For failure to complete cons~'uction within the initial service anm or extend service in accordance with the license or franchise: fifteen hundred dollars (:$1500.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.2: For failure to comply with material r~quimments of the license, franchise, or the County Telecommunications Standards Ordinance: three hundred dollars ($300.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.3: For failure to comply with the following requirements: one hundred dollars ($100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues with respect to: a. timely completion ofconstruction; b. compliance with applicable plans, permi~ technical codes and standards; c. properly locate facilities as specified by or approved by the County;, restoration of the public ways and other property affected by the construction; 32 1 2 3 4 $ 6 7 9 i0 !1 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 33 35 37 38 39 40 41 42 43 45 eo submission or mi COmpl~on ~ remittance of ~ ~ims rot ~x~r, m~ 7.21.4: For repeat~ ($500.00) rot each off~ 7.~1.~: For f~ilure tc do~I~ ($$0o. oo) for e~ deemed comm~u, ed cacb a 7~ 1.6: For failure ~o (SSO0.O0) eom ne ~e or r. hlll b~ deemed ~~ ~u~; F~ f~l~ ~ off~ ~ 7~1.9: D~ge ~ for ~e ~~ U~ ~ S~on 7~: ~on of ~ 7.22.2: If d~ n~ by ~ ~ ~1 ~ ~ ~ C I 2 $ 6 ? $ 9 I0 Il 12 14 16 17 2O 21 22 24 25 26 27 29 3O 31 32 37 42 annually (or as determined to be needed by the County) to schedule and coordinate construction in the public ways. 7.22.3: All construction locations, activities and schedules shall be coordinated, as ordered by the County, to minimize public inconvenience, disruption or damages. Section 7.23: Assignanent$ or Tramfew of ~t: Ownership or control of a telecommunications nj~tem, lic,,m~ or franchise may not, directly or indirectly, be transferral, assigned or disposed of by sale, lease, merger, consolidation or other act of or inaction by the Grantee, by operation of law or otherw/se, w/thout the prior ex~ written consent of the County, wkich consent shall not be unreasonably w/thbeld or delayed, as expressed by ordinance and then only on such reasonable conditions as may be presc~bed therein. 7.23.1: No grant shall bc assigned or transferred in any manner w/thin twelve (12) months after the initial grant of the license or franchise, unless otherwise provided for in the license or franchise agreement. 7.23.2: Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed. 7.23.3: Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the County not less than one hundred and fifty (150) days prior to the proposed date of transfer: a. Complete/nformafion setting forth the nature, ten'ns and condition of the proposed transfer or assignment; All information requ/red of a telecommunications license or franchise applicant pursuant to Articles 3, 4 or $ herein with respect to the pwposed transferee or assignee; c. Any other information reasonably required by the County. 7.23.4: No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this Chapter. 7.23.5: The Gnmtee ~all reimbur~ thc County for all direx:t md indirect feea, costs, and expenses rmsonably incurred by the County in considering a request to transfer or assign a telecommunications license or franchise. 7.23.6: Any transfer or assignment of a telecommunications grant, a3ntem or integral part of a syatem without prior approval of the I 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 pursuant to a license or franchise agreement shall be void and is cause for revocation of the grant. Section7.24: Transactions Affecting Control of Grant: Any transactions which singularly or collectively result in a change of ten percent (10%) or more of the ownership or working control of the Grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working conlrol of affiliated entities having ownership or working control of the Grantee or of a telecommunications system, or of control of the capacity or bandwidth of grantee's telecommunication system, facilities or substantial paris thereof, shall be considered an assignment or transfer requiring County approval purnmnt to Section 7.23 herein. Transactions between affiliated entities ~re not exempt fi'om ~uch County approval. Section 7.25: Revocation or Termination of Grant: A license or franchise granted by the County to use or occupy public ways of the County may be revoked for the following reasons: 7.25. I: Construction or Ol~-ration in the County or in the public ways of the County without a license or franchise grant ofauthorization for same. Construction or operation at an unauthorized location. 7.25.2: 7.25.3: 7.25.4: 7.25.5: 7.25.6: Unauthorized substantial transfer of control of the Grantee. Unauthorized assignment of a license or franch/se. Unauthorized sale, assignment or transfer of grantee's franchise or license assets, or a substantial interest therein. Misrepresentation or lack of candor by or on behalf of a Grantee in any application to the County. 7.25.7: 7.25.8: 7.25.9: 7.25.10: 7.25.11: 7.25.12: Section 7.26: Abandonment of telecommunications facilities in the public ways. Failure to relocate or remove facilities as required in this Chapter. Failure to pay taxes, compensation, fees or ~it,,~ when ~nd as due the County. Insolvency or bankruptcy of the Grantee. Violation of any material provision of this Chapter. Violation of any material term of a license or franchise agreement. Notice and Duty to Cure: In the event that the Franchise Administrator believes that grounds exist for revocation of a license or franchise, he 35 1 2 3 4 6 -/ $ 9 I0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 37 38 39 4O 41 42 43 45 written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence to the Franchise Administrator:. 7.26.1: That corrective action has been, or is being actively and expeditiously pursued, to rcmedy the violation or noncompliance. 7.26.2: That rebuts each alleged violation and each alleged noncompliance. 7.26.3: All reasons why it would be reasonable in the public interest to impose some penalty or sanction less than revocation. Section 7.27: Hearing: In the event that a Grantee fails to provide evidence reasonably satisfactory to the Franchise Administrator as provided in Section 7.26 her~n, the Franchise Administrator shall refer the apparent violation or non-compliance to the County Administrator. The Grantee shall be provided with notice and a reasonable opportunity to be heard by the County Administrator or specific designee of the County Administrator concerning the matter. Section 7.28: Standards for Revocation or Lesser Sanctions: Only the Boaa'd of County Commissioners can revoke a franchise or a license a~ent, which tm quasi-judicial determinations. If upon its review and thereafter the Board of County Commissioners is persuaded that the Grantee luts violated or failed to comply with material provisions her~g or of material provisions of the respective fi'anchise or license agr~nent, that Board shall decide whether to revoke the license agreement or the franchise, or to establish and impose some lesser sanction(s) and may require cure. The Board should considering the natu~ circumstances, extent and gravity of the violation as reflected by one, several, or all of the following factors, which factors can be weighted according to the specific ease: 7.28.1: Whether the misconduct was egregious. 7.28.2: Whether substantial harm has resulted. 7.28.3: Whether the violation was intentional or was avoidable by Grantee by the exercise of due diligence. 7.28.4: Whether there is a histot'y of prior violation(s) of the same or other 7.28.5: Whether there is a history ofgood overall compliance. 7.28.6: Whether the violation was voluntarily disclosed, admitted and/or curod promptly. 36 ! 2 4 $ 6 ? $ 9 10 Il 12 14 15 16 17 19 2O 21 22 24 25 26 27 28 29 32 37 41 42 SECTION 8: CONSTRUCTION STANDARDS Section 8.1: General: No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the County except as provided in this Section 8. Section 8.2: Construction Codes: Telecommunications facilities shall be cor~ructed, installed, operated and maintained in accordance with all then applicable Federal, State and local codes, rules and regulations, including, to the extent applicable, the National Electrical Safety Code. SectionS.3: Conm'uction Permit~: No per~on shall cot~mct or install any telecommunications facilities within the County without fir~t obtaining a construction permit therefore, provided, however:. 8.3.1: No p~-dt shall be issued for the construction or installation of telecommunications facilities within the County unless the telecommunications carrier has filed a registration stat~aent with the County pursuant to Section 2 herein. 8.3.2: No permit shall be issued for the construction or in~allation of telecommunications facilities in the public way~ unless the telecommunications carrier has applied for and received a license or franchise purmmnt to Articles 3, 4 or 5 herein. 8.3.3: No p~mit shall be issued for the construction or installation of telecommunications facilities without payment of the construction permit fee established in Section 6.6 hcrein. Section 8.4: Applications: Appli,rations for pmmits to constnv~t telecommunications facilities shall be submitted upon forma to be provided by the County and shall be accompanied by drawings, plans and specifi~ons in sufficient detail to demonslrale: 8.4.1: That the f~cilifies will be constructed in accord,taco with all then applicable codes, rules and regulatioaa. 8.4.2: The location and route of all facilities to be installed on existing ~ poles. 8.4.3: The l.~orn ..md rout.~., cf all facilities to be located maim- th~ ~ at me route which arc within the public ways. st ali points ~' I III III III -- I I I I III Illl 1 2 3 4 5 6 7 8 9 !0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 29 30 31 32 33 35 36 37 38 39 41 42 43 8.4.5: The location of all other facilities to be constructed within the County, but not within thc public ways. 8.4.6: 8.4.7: The construction methods to be employed for prctection of existing structures, fixtures, and facilities within or adjacent to the public ways. The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, togcther with a landscape plan for protecting, trimming, removing, replacing and r~a~ing any tn~m or areas to be disturbed during con.ruction. Section 8.5: Engineer's Certification: All permit applicatiorm ~all be accomparfied by the ccrtificat/on of a registered professional engineer that the drawings, plans and spec/ficafions submitted with the N~plication comply with applicable technical code~, rules and ~,ulations. Section 8.6: Traffic Control Plan: All permit applications which involve work on, in. under, across or along any public ways shall be accompanied by a h-affic control phn demo~s~ the protective mm and devices that will be employed, consistent with Florida Depamnent of Transportation rules and regulations, to prevent injury or damage to persons or property ~ to mlni~i?¢ disruptions to efficient pedestrian and vehicular traffic. Section 8.7: Issuance of Permit: Within forty-five (45) days after submission of all plans and document~ required of the applicant and payment of the permit fees required by this Chap~, the Building Official, if satisfied that the applications, plan~ and document comply with ali requirements herein, shall issue a Immit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the timo, place and manner of performing the work as he may deem necessary or appropriate. Section 8.8: Construction Schedule: The pennittee shall submit a written construction schedule to the Franchise Administrator ten (10) working days be/om commencing any work in or about the public ways. The permiO_~ shall further notify th~ Franchise Admixfislr~r not less than two (2) working days ia advance ofmy excavation or work in the public ways. Section 8.9: Complian¢~ with Pmait: All ~ pm:fio~ Nad mctivifiem ~ b~ in ~~ce ~ ~e ~t ~ ~ ~ p~ ~ ~ f~ ~ ~fi~ ~ B~l~g Offici~ ~d ~s ~ ~q ~ ~ ~ m ~ ~ ~ ~ ~ ~o~on ~ he or ~e ~y ~ ~ ~ ~ ~ ~ ~~ Section 8.10: Display of Pctmit: The permL-_~ ~ maimain · copy ofthc ~ction l~mit and approved plans at thc constxuction site, which shall b~ displayed and made available for inapection by the Building Official or his ~tativea at all times when construction work is occurring. 38 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 8. i 1: Survey of Underground Facilities: If the construction permit specifies thc location of facilities by depth, l~ne, ~'ade, proxL-nity to other facilities or other standard, the permittec shall cause the loca~on of such facilities to be verified by a registered Florida land surveyor. Unless permitted to remain by thc County Building Official or other designee of thc County Administrator, thc pen~ittec shall relocate any facilities which are not located in compliance with permit requirements. Section 8.12: Non-complying Work: Upon order of the Building Official, all work which does not comply with the permit, the approved plans and ~pecifications for the work, or the requirements hendn, shall be removed. Section 8.13: Completion of Construction: The perrnitte~ shall promptly complete all construction activities so as to minimize disruption of thc County ways and other public and private property. All construction work authorized by a permit within County ways,/ncluding restoration, must be completed within one hundred twenty (120) days ofthe date of issuance. SectionS. 14: As-Built Drawings: W/thin sixty (60) days after completion of construction, thc pcrmittec shall furnish the County with two (2) complete sets of plans, drawn to scale and certified by thc County as accurately depicting the location of all telecommun/cations facilities constructed pursuant to the permit. As-built documents shall be provided/n both hard copy paper and electronic (data file) formats. The electronic version must be based upon FL State Plane Coordinates NAD 1983. The Grantee shall provide Graphic Data System (GDS) electronic data files. Intermediate DXF files will be accepted as an alternative to the GDS data files. Section 8.15: Restoration of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public and provide property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construct/on. Section 8.16: Landscape Restoration: Ali trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecornmunications fac/i/ties, whether such work is done pursuant to a franchise, license, or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways shall be done in accordance with landscape plans approved by the Community Developmental Services Division. Section 8.17: Construction Guarantee: Prior to issuance of a construction penn/t, the Grantee shall provide a letter ofcredit, as provided in Section 7.20 herein. Sect/on 8.18: Exceptions: Except to the extent as may otherwise be specified in a license or franchise agreement, all telecommunications carriers are subject to thc requirements of this Section 8. 39 HAR 2 5[ff97 ! 2 3 4 $ 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 29 31 32 33 35 36 Section 8.19: Responsibility of Owner:. The owner of the facilities to be constructed and, if different, the license or fram:him Grantee, are responsible for performance of and compliance with all applicable provisions of this Section. SECT/ON 9: PERIODIC EVALUATION, REVIEW AND MODIFICATION Section 9.1: Modification: The County or Grantee may, at any lime af~ the effective date of the license, or franchi~ commence a review to cxarnine changes which either party wisbe~ to make to the respective document. Section 9.2: Public Hearings: The County may conduct public meetings or public hearings to provide the public opportunity to comment on the issues which are to be considered at ~ meeting or hearing. Section 9.3: Propo~xl Changes: The party initiating the ptoce~ will provide the other with a full description of thc change~ it PrOlX~,~, a~ well a~ the reasoning behind the proposed changes. If the County is the party proposing the change~, the Grantee ~ develop a thorough analy~ of thc/mpact of ~uch changes upon ita operations and/or it~ customer~ taking into consideration the acceptability of such changes and their cost, if any, to its rates ami Grantee's return on investmeat. Grantee shall consider all the altonuUive mesm for recovering m:h com. Section 9.4: Negotiation: Following receipt and analysis ofa ~ the County and the Gra. tee shall negotiate the ~ change~ in good faith. Iftbe patties are unable to reach agreement within ninety (90) days, or whatever longer period may be mutually acceptable, either party may call for mediation of the disagreemenL Section 9.5: Mediation: The County and Grantee will indemnify, agree upon and designate a mediator, whose feea will be t~ared equally by the pazties. Section 9.6: Contract Amendment: At the completion ortho proce~ stated heroin, the County Commission shall amcnd the license or franchi~ ~ necessm7 to implement the changcs agreed upon by the parties. 37 SECTION TWO: 3s CONFLICt AND SRVERABn.HT. In the event that this Ordinance conflict~ with any othcr ordinance of Collier County or other ~licable law, the mor~ r~tri~tive ~ apply. If any ~mtion, ~ub~'tion, ~ntence., clause, phra~ or other portion ofthis Ordinance is, for any reason, declamt invalid, in whole or in pa~ by a court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions herein. 39 42 43 44 6 7 8 9 10 !1 12 13 14 I$ 16 17 18 19 20 SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. Thc provisions of this Ordinance shall bec, omc and be made a part of thc code of laws and ordinances of Collier County, Florida. Sections of this ordinance may be renumbcred or relettcred to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: REPEAL OF ORDINANCE NO. 88-90, AS AME~ED. Colli~r County Ordinate No. 88-90 as amended by Ordinance No. 94-12 and as further amended by Ordinance No. 96-15, is hereby repealed. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective at 8:00 A.M. on the 1997 after having been filed with the Florida D~artment of State. dayof , 21 22 24 26 27 28 29 3O 31 32 PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli~ County, Florida, this ~ day of ,1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. By:. By: Deputy Cl~'k 33 Approved ns to form and  Legal Sufficiency: _ ~ 36 ~~ 38 2. Palmer 39 Assistant County Attomey 41 h :V~dimm~'97~lecomm~icallons.~p 41 EXECUTIVE SUMMARY PETITION NO. CU-97-1, ARTHUR C. QUINNELL REPRESENTING PETER IVL ANDERSEN, REQUESTING CONDITIONAL USE "4" OF THE C-4 ZONING DISTRICT FOR NEW AND USED BOAT AND AUTO SALES FOR PROPERTY LOCATED AT 1995 TAMIAMI TRAIL EAST, FURTHER DESCRIBED AS LOT 4, TRIANGLE SUBDMSION AND THE NORTHWESTERLY 98.28 FEET OF PARCEL A, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 2:5 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.97 ACRES. This petition seeks approval of a Conditional Use to the C-4 zoning district for the purpose of establishing · Used Car sad Boat dealer business. CONSII)ERATIONS: The property lies on the north side of the East Tamiami Trail midway between the intersection of Davis Boulev~i and Commercial Drive. The subject property is zoned C-4. Used cars and boats are conditionally authorized uses of land in the C-4 district (SIC 5521 (U~d Cars) and 5551 (Boat Dealers). The petitioner is requesting conditional u~ "4" ofthe C-4 district. The petitioner proposes to use the property, which has been abandoned and previously used for new & used automotive sales, and as a fast food restaurant. A conditional use ofthe property (i.e. CU-94-8) for boat sales was never utilized, and has therefore ceased to be effective. The property is deemed consistent by virtue of the Zoning Re-evaluation proces~ through which the property retained it~ C-4 st·ms as improved property, and therefore consistent with FLUE Policy 5.9 Commercial Zoning is also deemed consi~tem based on its relationship to commercial under criteria. Conditional uses do not change these relationships. As a result of the reuse of the property and this conditional use approval the County was empowered with the ability to apply current development standards for site impm}$ernents, most notably landscaping. The site development plan r,:qects these improvements anda,/ driveway configuration which has been approved by the FDOT who has.iurisdiction over U.S. 41. Conditional uses require a finding on the part of the Planning Commission pursuant to Section 2.7.4.4 of the Land Development Code. These findings are described in the companion staff report which was approved by the Commission. Generally the findings support a reconunendation for approval. The Collier County Planning Commission heard this petition on March 6, 1997. recommended approval of this petition. approval ofthis petition. They unanimously No person spoke or otherwise communicated any objections to 1 MAR 2 5 1997 ,J '4 FISCAL IMPACT: Approval of this conditional use will have no ~ opportunity for this vacant property to be re~ the effect of'which will be to increase propert~ GROWTH MANAGEMENT IMPACT: NOl~ PLANNING COMMISSION RECOMMF~ That Petidon CU-97-1 havin~ the effect of au Cars and Boat Dealers to tim C-4 lntermediat~ /~d~tion and Exhibits (includin~~ons of - ALI) NI~0, XICP - CHIEF PLANNER REVIEWED BY: DONALD W. ARNOLD, AICP - PLA G SERVI DEPARTMENT DIl~ VIN~ ~ CA 0'r~.,RO, ADMIN].S'FRATO] COMMUNITy DEV. AND ENVIROn, TO: FRO~... DATE: RE: t' PLA l~BRUARY il. 1997 PETITION NO: CU-~ DEA OWNER/AGEI~-r: Agen!: Owner: REOUESTED ACTIO~_ The subje~ property is zoned C-4. Used the C-4 district (5IC-$521 ('Used Cars) conditional use "4" of the C-4 district. GEOGRAPHIC LOCATiOS~i The properly lies on the north side of' the 1: Davis B, euIevard and Commercial Drive (see i The petitioner Proposes to use the property. automotive sales, for boat and used car sale abandoned for a period of more than twelve valid. il re I'~ Existing: Surrounding: North ~t a' South. ~,Vest. t /Lt.,.. The propert7 is deemed consistent by virtue c property retained its C-4 status as improved i: Commercial zoning is also deemed COnsistent Conditional uses do not change these relations} Staffs analysis indicates that the petitioner's archaeological probability as referenced on the ~ l'l~stor~cal/Archaeological Survey and Assessme The subject petition has been revfewed by the al: above referenced areas of critical con . Development environment and engineeri~r~aff,,'l OO"' 00~' .. Their recommendations are reflected in the CRITERIA EVALUATi'O~ The Current Planning Staff has coordinatec the criteria on which a favorable determinat an objective, comprehensive overview of'tht or negative, culminating in a staffrecommen listed criteria are specifically noted in Sec~i( staff evaluation and comment, and shall be denial by the Planning Commission to the ] impacts or considerations identified during tl~ below, and are categorized as either pro or Staff review of' each of' the criterion is determination of'compliance, non-compliance a. Consistency with this Code and G. A development order a G]~4~P and provisions o conditional use e~'alua, ti ~ i) Not applicable in view c or conditionally permitted use. Subseqt Plan application process provides the o; the Land Development Code are coral: bo Ingress and egress to property an reference to automotive and pedestria and access in case of fire or catnstroph ii) None. The property Fronts upon of'ingress and egress, whic No local streets are impact Summary Conclusion (Findines)L The prop, East Tarniami Trail/U.S. 41, a highway und of recent actions involved in the acquisition of land for widening, U.S. 41 driveways will be re. authorized and some may be revised, however, access cannot be denied. Access geometry will be designed to make ingress and egress movement ts safe ts possible. These movements are restricted to right in/out. The proposed use may be a preferred use because it generates less traffic movements than most other authorized uses given its relationship to a congested highway segment. The effect the conditional use would have on neighboring properties In relation to noise, Blare, economic or odor effects. Pro: i) The use ofthe property is no different than the uses of adjacent properties. ii) Historical uses have included boat and auto sales activities. Con.' None. Summary_ Conclusion (Findin_esl: A boat dealership and u~ed car sales lot will not adversely affect adjacent property which for all practical purposes fi2nction in a similar manner (i.e. U-Haul rental and automotive repair). This criteria ~pically is applicable to zoning actions that introduce uses that affect residential areas, or place an industrial use next to an o~ce use or people oriented business. The conditiona~ use is not one with significant elements ofnoise, glare or odor effects. d. General compatibility with adjacent properties and other property in the district. Pro; i) The proposed use is similar in character to adjacent existing land uses. Con: None. Summary Conclusion ffindin_ns); When uses are of similar intensity and character they are most obviously compatible. Both adjacent properties store and deal with automotive vehicular products. The sale of boats is not materially different than an activity that rents large vehicles such as the adjacent U-Haul rental facility. ~[ost of the land uses in the immediate area deal with automobiles and their repair or servicing. General Observatioll; Proximity of the site to public boat launching facilities and its nearness to the waterway give credence to this petition. There is also a concentration of'used car businesses near this property and generally along Davis Boulevard. 4 AGEN DA IT, EM MAR ~ 5 1997 STAFF RECOMMENDATION: That the Collier County Planning, Commission (CCPC) recommend approval of Petition CU-97-1 having the effect of authorizing conditional use '4' SIC 5521 and 5551 Used Cars and Boat Dealers to the C_.-4 Intermediate Commercial District as described by the Resolution of Adoption and Exlu'bit thereto. R~f/AL-~ Nn~0, A~CP bATE CHIEF PLANNER REVIEWED BY: CURRE~ PLANNING MA~4AGER - D~D-W~. ~OLD, AICP PL G SERVICES D TMENT DIRECTOR ENT A. CAUTERO, ADMINISTRATOR COM~JNITY DEV. AND ENVIRON~tENT.-LL SVCS, DATE . DATE DATE Petition Number CU-97-1 StaffRepon for March 6, 1997 CCPC meeting NOTE: This Petition has been advertised for the .March 25, 1997 BCC meeting. COLLIER COUNTY PLUG CO~IISSION: MICHAEL A. DAVIS, CHAIRMAN CU-97-1 STAFF REPORT/Ixi MAR 2 5 1997 P.O. Box ~24 ~ ~ FL 34146=0524 A~TH~ c. q~ I'F.,LS. Registered Professional EngJr~et 12/3o/96 2~00 N. Honeshoe Driv~ NAPL~, Fk~rkl~ 33942 R.F..CF..IVED JAN 0 6 1997 ...... TC-94 h'394-3065 Fx 941/394-4710 Ttam~m~d l~ewtth are the following materials for ~c~ m~fl~ ~ ~~: 1.~~~~ 7~.~ 2. 17~~~~n .. J. ~ ~ ~ ~T.I.S. ~) .. 7. ~ ~r ~ ~E~~ ~ ~-~4, ~or m w~ch ~ W~ ~T.I.S., ~ W~ ~E.I.S., ~ ~ W~ cc:.~ F',~e Arthur C. (Ninn~l, P.E.L.S. MAR 2 5 1997 _ COLLIER COUNTY ~PPLICATION FOR CONDITIONAL USE REQUESTS PETITION NO. C ~ COORDINATING PLANNER: JAN 0 6 1997 DATE ~E¢£IVED: APPLICANT N/~HE (AGENT): ~-.rt.4u,a. C. ~u,.~,~''~- PHONE: APPLZCANT ADDRESS: ~.O. $.F =~. f~L~. k._-.;.o. PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: ~ I TOWNSHIP: PHONE: PROPERTY I.D. #: SiZE OF PROPERTY: ~ FT. X ~ ~ " FT. GENERAL LOCATION ~D ADDRESS OF SUBJECT PROPERTY: ACRES: ZONING OF SUBJECT PROPERTY: ~-~ .EXISTING LAND USE: TYPE OF CONDITIONAL USE REQUESTED: N~%.,' 4 GS~O ~*T 5~ ADJACENT ZONING ~D ~.ND USE: O~ ZONING -1- MAR 2 5 1997 NOTE: Staff recommendation to the Planning Commission end the Planning Commission recommtndation to the Board of Zoning Appeals sh&11 bi based upon the folloving criteria. Please respond to the following crite~ia: Is this request consistent with the Land Development Code and Growth Management Plan? YeS me 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: O~ue'~ F~,~-~,~ ;~ W&~--sC ~ The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Compatibility with adjacent properties and other properties in the district. SIGNATURE O'F'~PETITIONER OR AGENT DATE -2- MAR 2 5 1997 ~34 ) 38 · I~JAJ)IO R 0,~) ,/miIIJ m I ~__..~.~ ~,~ !iUMM RWOOD ' EAST ~.~J ~ ' ~ S ..~s,~ ~ ~APLE ~ ~ ,o / LOCATION MAP Utility Provisions for Conditional Uses and Rezones 2. ADDRESS: 3. LEGAL DESCRIPTION: LoT ~ 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system): B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREA~4ENT PLA~;T CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): e a. COUNTY SYSTEM B. CITY SYSTEM C. FRINCHISED SYSTEM N~{E: D. PRIVATE SYST~.! 6. TOTAL POPULATION TO BE SERVED: ~O 7. PEAK AND AVERAGE DAILY DE¥~NDES: 1. WATER-PEA~ 2. SEWER-PEAK AVERAGE DAILY AVERAGE DAILY 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYST~{, 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 statemen~ regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall he provided from tests prepared by a professional engineer. -1- AG£ttD& ITt~M -, "o. MAR 2 5 1997 " writin , signed by the owner should be provided 10. A statement, in .. - g ..... ~4-4-s the water distribution and agreeing to deed to the county v~-~- sewage collection facilities within the project area upon completion of the construction of these facilities ~n accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid o the County Utilities Division prior to the issuance of building t ....... . .... .v -ommunitv Development Division. ~he statement permits Dy un=. ~v .... = ~ ~ ~i~_~.~e a~ro~riate Utility Easements should also contain agreemenu ~o.u=u~ er = for serving the water and sewer systems. APPROVER: COK~W-NTS: FOR OFFICI]~L USE ONLY DENIED: UTILITI ES ADMINISTRATOR -2- · i being duly say that I am the owner of the property described herein and vhich 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 mater attached to and nade a part of this application, are honest and true to the best of my knowledge and belief. understand this application must be completed.and accura~_.e before a hearing can be advertised. I further permit (AG~T'S N~E) to act as ~y representative in any matters regarding this p~tl~on. / ~IGNA~URE OF OWNER State of Florida County of Collier Sheet ~'as a~.knowledg~d before me this l~lz ~y ~d t r M ~'l-r~.l~ ~n , vho is as ($igna%ure of Notary Pu~ic). NOTARY PUBLIC ¢o~ss~o~ ~ My Co~nission Expires: -1- MAR ~ 5 1997 ,~ /.~ State of Florida County of Collier Theforegoing AgF. eement Sheet was a=knQwled~ed before me this day of ~~~___, 199~ by - ~ , who lSas ~rsonall kno _~o has produced ~ xuent~£Xca=lon and who did (did not) take an oath. Commission # My Commission Exp r-~.- -2- MAR 2 5 1997 TRIANGLE LA.RE A ~U~DIVISION OF ALL THAT PART OF THE E. I/2 OF THE N.W.I/4 OF 'THE N.W I/4 LYING ? OF TH[ ~TAMIAM! TRAIL (FORMLRLY KNOWN AS DIXIE HIGHWAY ) IN SECTION II~T( SHIP SO SOUTH, RANGE ~.5 EAST, COLLIER COUNTY, FLORIDA . IrXGEPTIHG FROM THAT PARCEL. BHOWN AS "PARCEL A,£XCEPTED FROM THIS PLAT" AND THAT PART LYING WITHIN 'rile RIGHT OF WAY OF STATE ROAD BSB. STATE ROAD 858 ~! 0 ' .l Pulling AC~' RESOLUTION A ItESOLUT'FOH PROVID'rNG FOR THE ESTABLTSHHENT OF NEW AND USED BOAT AND AUTO SALES (SIC GROUPS 551~, 5521 AND 5551) CONDITIONAL, USE "4" IN THE C-4 ZONIN~ DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIL~lt COUNTY ]4AND DEVELOPMKNT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WNI~t~AS, ~he Legislature of ~he State of Florida in Chapter 67-1246, I~wa of Florida, and Chapter 125, ~lorida S~a~utea, haa conferred on Collier Count~ ~he p~er tc e~abliah, coordinate and enforce zoning and auch buaine~ requla~lona a~ are nece~arM for ~ha protection o~ ~he public~ and ~ER~, ~he Count2 pur~am~ ~hare~o ha~ adopted a ~nd ~velopmem2 Code (Ordimamce ~o. 91-102) which lnclude~ a Comprehen~ive imq Ordinamce ea~aBliahinq re~la~ioma for ~he zoning of particular ~qraphic divi~iona o~ ~he Coun~, amcmq which ia the granting of Conditional Uses; and ~S, the Collier County Planning Commission, being the duly appointed and cons~i~u~ planning ~ard for the area hereby affected, has held a public hearing after no~ce as in said re,lagOons ~de and provided, ~nd has considered ~he advisab~li~y of Conditional Use '4' of Section 2.2.15.3 ~n a C-4 zone for ne~ and used boa~ and auto sales (SIC groups 5511, 5521 ~nd 5551) on ~he proper~ herein~f~er descri~d, and has found as a ~a~ter of fac~ (E~ib~ ~k~) ~hat sa~isfactory prov~sion and arranqe~en~ hsve ~en ~de concerning all applicable ~atYers re~red b~ sa~d re~la~ions and ~n eccordance ~lth Subsection 2.7.4.4 of the ~nd Develop~en~ Code for the Collier Count~ Planning Co~s~on~ and ~ER~S, all ~n~eres~ed par~es have been q~ven opportunity to ~ heard b~ ~h~s Board ~n a public meeting assembled and ~he Board having considered all ~at~ers presented. HO~, ~FORE BE IT RESOLVED, BY THE BOARD OF ZONING ~pP~LS of ~ll~er Covnty, Florida that: ~ The petition filed by Arthur C. 9uinnell representing Peter M. Andereen with respect to the proper~¥ hereinafter described ae~ ~ot 4, Triangle ~ake and the ~orthweeterly 9S.29' of Parcel A, as recorde~ In Pla~ Book 4, Page 38, of ~he ~blic Recorde o~ Collier Coun~, Florida, all lying ~ec~ion Il, Township 50 Sou~, Range 25 ~ and the same is hereby approved for Condl~ional Use ~4~ of Section 2.2.15.3 of the C-4 zoning dis~ric~ for new and used boa~ and auto sales (SIC ~oups 5511, 5521 and 5551) in accordance wi~h Conceptual Has,er Plan (Exhibi~ 'B~) and subJec~ ~o the foll~lnq condl~ioms: a. The Planning & Technical Servicee Manager kay approve minor changes in the location, eiting0 or height of buildings, etructuree, and improvements authorized by the conditional uae. Expansion of the uses identified and approved within this conditional use application, or major changes to the aite plan submitted ae part of thie application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinancee in effect at the time of eubmittal, including Divieion 3.3, Site Development Plan Review and approval, of the Collier Land Development Code (Ordinance No. 91-102). b. Final approval for a Site Development Plan ia contingent upon presentation of an FDOT Connection Permit or Notice of Intend to Issue such a permit. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .., 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MA~JORIE M. STUDENT ASSXSTANT COUNTY ATTOrnEY CU-97-1 RESOLUTION/19134 -2- MAR ,2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 ofthe Land Devlopment 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: Ae Consistency with the Land Development Code and Growth Management P~IJ Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safet~ and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/' No Affects neighboring properties in relation to nois~, glare, economic or odor effects: ~-' No affect or Affect mitigated by -- Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~.-'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should ~ /~ recommended for approval . be CHAIRMAN: FINDING OF FACT CHAIRMAN/19242 FINDING O? FACT BY COLLIER COUNTY PLA~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: A. Consistency with the L~nd Development Code and Growth Management Pla~: 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 ingress & egress Yes ~/ . No _ C. Affects neighboring properties in relation to noise glare, economic or odor effects: ~s~N'o affect or Affect mitigated by _ Affect cann0~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/ithin district Yes _%/ .... No _ Based on the above findings, this conditional use should, with stipulations, (copy attg~h~d) (s~ould not) be recommended for approval _~_p~R~%/~C--. DATE: FINDING OF FACT MEMBER/19242 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE pETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. 2. 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 Devel6pment Code and Growth Management Plan: Yes~,~ No _ ~. ~n~ress and egress to property and prbposed structures thereon with particular reference to automotive and pedes=rian safet~ and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __~__.No affect or Affect mitigated by _ Affect c~nnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within' district Yes ~ No _ Based on the above findings, this conditional use should, m'q%~ched) ~should not) be with stipulations, (copy FINDING OF FACT MEMBER/19242 AG£NDJ, ITT, bi '~ .o. MAR 2 5 1997 ,.,,. FINDING OF FACT COLLIER COUNTY PLA~NING COM~ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will mot adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~No 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 ingress & egress Yes ~ No Affects neighboring properties in relation to noise/ glare, economic or odor effects: ~/ No affect or Affect mitigated by. Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Ba~"~ nn ~h. above findings, this conditional us~uld~ recommen~ea £or approval// M..W~..-~~ FINDING OF FACT MEMBER/19242 I MAR251997 - FINDING OF FACT BY COLLIER COUNTY PLA/]NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 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 sane district or neighborhood because of: Consistency with the Land Development Code and Growth Management P~an: Yes t/ No Be 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 ingress & e~ess Yes ~' No Affect~neighboring properties in relation to noisp~, glare, economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use~thin district Yes F~ No Based on the above findings, this conditional use should~_ with stipulations, (copy attached) ~) be /) recommended for approval ------~ / ,4/~ FINDING OF FACT MEMBER/19242 FINDING OF FACT BY COLLIER COUNTY PLA~NNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 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 L/nd Development Code and Growth Management p~: Yes ¥ No 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 ingress & .e~ess __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the distrig~ Compatible us% ~_'~hin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be recommended for approval B~'~~ FINDING OF FACT MEMBER/19242 AG£N A IT MAR 2 5 1997 ' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. 2. 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 th~/Land Development Code and Growth Management,P~an: Yes %/ . No .... B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safet~ and convenience, traffic flow and control, and access in case of fire or catastrophe:/ Adequate ingress &,e~ress Yes ~No C. Affects neighboring properties in relation to noise,/glare, economic or odor effects: I/No affect or Affect mitigated by Affect canno{ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/within district Yes ~/ No Based on the above ~k~gs, this condit~l use should, with stipulation ,~4"(c°py ~tt~ched) (shoalS/not) be recommended for ~~1~ ~;,~ ///.~//_ ! ,/,~.~ ./ FINDING OF FACT MEMBER/19242 MAR 2, 5 1997 .... _ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 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: ae Ce Consistency with~Land Development Code and Growth 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 catastro~Jl~: Adequate in~-~ress Affects neighboring properties in relation to n3~'~--~f~ economic or odor effects: ~__~'N~ afOOt or Affect mitigated by ~-~"-Affect ca--~o~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compati~ithin district / No Based on the above findings, this conditional use should, with stipulations, (copy at'cached) (should not) be recommended for approval /~[~0~ FINDING OF FACT MEMBER/19242 AGEND~ IT~EM ~ MAR 2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COM}4ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 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: Ae Be Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particuIar reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by. Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ?< No __ Based on the above findings, this conditional use should, with stipulations (copy attached) recommended ~for approval FINDING OF FACT MEMBER/19242 MAR 5 1997 ..- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: 1. Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land Development Code authorized the conditional use. 2. 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 th~/and Development Code and Growth Management ~/an: 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 ingress &,~gress Yes VNo C. Affe~s neighboring properties in relation to no%~e, glare, economic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with ad.~cent properties and other property in the district: Compatible us~/within district Yes ~No Based on the above findings, this conditional use should, attached) ( ) be . with stipulations, (copy E (~) be~ / recomm,~ ~or approval FINDING OF FACT MEMBER/19241 ,/ EXECUTIVE SUMMARY PETITION · _ .......... ..e~e .~. AND 4 OF THE KISi'--;Z Z, Ut~u RE UESTING CONl.~llv~a. ~ CHURCH, _:-_Q ........ ,.,~,-~e ~x~r~ HOOLS FOP- PROPF. RTY LOCATED AT 10000 CT FOR DAY L;Pd~ ~r.,~ ~,~x.~ na,~, SC DISTRI .............. ~ ,o e~T rru GE 25 EAST, COLLIER AIRPORT ROAD NORTH IS SF, CTION 2~, 'l'UWr~arur ,~o ~,,,,,., ,,-, RAN COUNTY, FLORIDA, CONSISTING OF 4.59 ACRES, MORE OR LESS. This petition seeks approval of Conditional Uses which ~e authorized for nil residential zoning disuicts for church ex. on, a school and a daycare center. CONSIDERATIONS: The property ~'onts upon the east side of Airport Road immediately north of Cudin8 Avenue at 10000 Airport Road Noah. This petition seeks approval of conditional uses "2", "3" and "4" (church, school sad daycare) of the RSF-2 zoning district. In this case the conditional use for a church represents a future expansion ofthe existing church. The objective of this conditional use petition is to provide for expansion of the existing dmrch for both the sanctuary and related and accessory uses, and to allow the church to initiate both a regular K thru 8 ~rade school curriculum and a daycare center. The existing church was approved und~ PU-80--12 (C), Resolution 80-211. The property lies within the Urban Residential designated area on the Future Land Use Map to the Future Use Element. This land use classification provides for the total range of housing structure types and land uses generally found in residential neighborhoods, including but not limited to churches, daycare centers and schools. The Land Development Code establishes a procedure which may result in approving a development order for the aforementioned uses in residentially zoned districts. To the extent that other elements of the GMP are applicable these policies are typically applied at subsequently required approval stages. Finally, it should be appreciated that the subject property is legally authorized to have a church and fellowship hall. Tho.~, v,,ere established pursuant to the then approved Muter Site Plan (SDP-91-12.8). Conditional uses require a finding on the part of the Planning Commission pursuant to Section 2.?.4.4 of the Land Development Code. These findings are described in the companion staff report which was approved by the Commission. Generally the findings support a recommendation for approval. The Collier County Planning Commission heard this petition on March 6, 199T. They unanimously recommended approval of this petition. - GROWTH MANAGEMENT IMPACT: PLANNING COMMISSION RECOMMENDATION: Tim Petition CU-96-26 havin& the effect of authorizing conditional uses "2" dna-o% and related activities, "3' schools and "4' daycare center of the RSF-2 zonin8 district as descn'bed by the l~of Adoption and Exlu'bits (including conditional approval) be approved. REVIEWED BY: ~OBERT J. MULIIERE, AICP DON.~,L]) NV. ~]L'RNOLD, AICP ~ . ~. ~ ..,~,_-, DATE DXTE DIRECTOR . VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. MAR 2 5 1997 AGENDA ITEN 7-F EMOP. ANDUM TO: COLLIER COUNTY PLAN~'NI'NG COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: FEBRUARY 12, 1997 PETITION NO: CU-96-26 OUR SAVIOR LUTHER, AN CHURCH OWNER/AGENT: Agent: Mark Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Ray Bonita Springs, Florida 34134 Owner: Our Savior Lutheran Church 10000 N. Airport Road Naples, Florida 34104' REOUESTED ACTION: This petition seeks approval of conditional uses "2", "3" and "4" (church, school and daycare) of the RSF-2 zoning district. In this case the conditional use for a church represents a future expansion of the existing church. ~;I~OGRAPHIC LOCATION: The property fronts upon the east side of Airport Road immediately north of Curling Avenue at 10000 N. Airport Road (See illustration following page). PURpOSE/DESCRIPTION OF pROJECT: The objective of this conditional use petition is to provide for expansion of the existing church for both the sanctuary and related and accessory uses, a,:d to allow the church to initiate both a regular K thru 8u' grade school curriculum and a daycare center. The existing church was approved under PU-80-12 (C), Resolution 80-211. MAR 2 5 1997 SURROUNDING ~LAND USE AND ZONING: Existing: Church sanctuary, fellowship hall (270 seats and 3300 sq. ft.) and parsonage on 5.019 acres. The land is zoned RSF-2 Single Family Residential district. Surrounding: North- East - South - West- To the north the land is developed with a large discount department store (i.e. Sam's Club). This land is zoned C-4. To the east the land is developed with single family homes. The land is zoned Single Family Residential RSF-2. To the south and across Curling Avenue the land is developed with single family residences. This area is zoned RSF-3 Single Family. To the west lies the Airport Canal and Airport Road. The Stonebridge Golf Course maintenance building fronts the west side of Airport Road opposite the church property. GROWTH MANAGEMENT PLAN (~ON~ISTEN(~Y: The property lies within the Urban Residential designated area on the Future Land Use Map to the Future Use Element. This land use classification provides for the total range of housing structure types and land uses generally found in residential neighborhoods, including but not limited to churches, daycare centers and schools. The Land Development Code establishes a procedure which may result in approving a development order for the aforementioned uses in residentially zoned districts. To the extent that other elements of the GIVE' are applicable these policies are typically applied at subsequently required approval stages. Finally, it should be appreciated that the subject property is legally authorized to have a church which was established pursuant to the then approved M'aster Site Plan (SDP-91-128). Traditionally, conditional or special uses once approved became uses permitted by right, and like all uses permitted by right their expansion was not subject to a rezoning action. The Collier County Land Development Code introduced the requirement for approved conditional uses to obtain additional conditional use approval for purposes of expansion. In all other respects we find the proposed expansion consistent with applicable elements of the GNG) and in particular Policy 5. l and $.2 of the TrafFc Circulation Element (i.e. significance test). ~l ISTORI(~/A R(~HA EOLO(~I(~AL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Sur~'ey and Assessment is required "°. MAR g 5 1997 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. Their recommendations are reflected in the recommended Resolution of Adoption. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the 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 2.7.4.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or cons which ever the case may be, in the opinion of staff. Staff review of' each of the criterion is followed by a summary conclusion culminating in a determination of comp{lance, non-compliance, or compliance with mitigation. a. Consistency with this Code and Growth lHa,mgement Plan. Pro: A development order approval that is consistent with applicable elements of the GIv[P and provisions of the LDC, must be considered on the positive side of conditional use evaluative criteria. Con: Hot applicable in view of'its consistency evaluation with the GIV[P and LDC. ~;vmmary_ Conclusion (Findin_~s3: The proposed use is authorized in the Urban Mixed Use designated areas in zoning districts that subsequently provide for the use, either as a permitted or conditionally permitted use. Subsequently required approvals, namely the Site Development Plan application process provides the opportunity to ensure that all applicable requirements of the Land Development Code are complied with. This responsibility lies with administrative staff. Ingress and egress to property a,~d proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case off]re or catastrophe. Pro: i) The church fronts upon Airport Road a major County highway, now a four lane median divided highway, with access via a public side street at Curling Avenue. This relationship is considered an optimum one from a traMc point of'view. No. ~/ MAR 2 5 1997 ii) Fire suppression and emergency services are located on Immokalee Road a short driving distance. Intensifying, the traffic condition at the intersection of Airport Road and Curling Avenue may at times give rise to inconveniencing neighborhood residents. Summary_ Conclusion (Tindingsl: There is no more optimum location for churches and schools than to front upon major arterial roads as is the case with this petition. Traffic eng,ineering, principles suggest directing ingress and egress movements to an interconnecting side street. When in connection with a comer property orientation, recognizing the fac~ that this is where one expects to experience vehicles accessing the major street as opposed to driveways on the arterial a short distance from the interconnecting street. Access management policies now in effect discourage direct access driveways to major arterials when near an interconnecting public street. A fire station on lmmokalee Road and I-'75, and the Norlh Collier Hospital afford optimum emergency service response times. The effect the conditional use would have on neighborii~g properties in relation to noise, glare, economic or odor effects. Pro: i) The most sensitive relationship is to a residential property immediately east of the site. Impacts to this property can be mitigated by a wall and landscape buffer. ii) A church is a relatively passive use of property and traditionally has no economic or odor effects. The addition of a likely small private elementary school and daycare center will not materially change that relationship. The potential for glare and noise impacts on nearby residential property is limited to residences lying east and south ofthe property. In this regard the impact is one of degrees because a church now functions in this adjacent relationship. Appropriate landscape screens and buffers can mitigate these impacts. Con: i) Those periods of high automobile movements to and from the church do present conditions that could be annoying to area residents. Summary_ Conclusion ('Findings'): Churches generally constitute a passive use of land for the most part. It is only those limited time frames when church activities are being conducted that there is some potential for noise associated with the movement of automobiles. Noise emanating from activities within the church (i.e. music and singing) is unlikely to be of the magnitude that would irritate nearby residential areas. Site development regulations, landscape screens and walls and ingress/egress traffic improvements would for the most pan take care of annoyances created by moving automobiles, irrespective of whether or not those traffic movements are in connection with the church, school or daycare center. MAR g 5 1997 Compntibility with adjncent properties and other property in the district. ~ i) A church for the most part represents a passive use ot' land, and is therefore compatible with adjacent residential land uses when appropriate mitigation measures are instituted. ii) The property has a minimal relationship to residentially used land in that church and church related activities result in traffic movements to Cuffing Avenue are removed from all but one residence. iii) Since a church now functions in this area there is the presumption that area residents were knowledgeable about this relationship and should expect the church to expand over time. ~Con: i) The two most affected residents may perceive the expanded use of the property injurious to their interests. Summary Conclusion fl:indings~: One cannot put aside the fact that a church and church related activities were approved for the subject property in 1980 prior to the construction of most residences in this area. It is only reasonable to expect that churches will expand as their membership increases. Traditionally, churches and schools were considered e0mpatible with residential neighborhood development because early zoning' ordinances allowed them as uses by fight. The location of the property relative to an arterial road and at the perimeter of the residential neighborhood could not be more optimum. The potential for impacts that affect compatibility can be mitigated by landscaping and screening improvements. ~gTAFF RE(~QMMENDATIQN: That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-96-26 having the effect of authorizing conditional uses "2", church and related activities, "3' schools and "4' daycare centers of the RSF-2 zoning district as described in the Resolution of Adoption and Exhibits thereto. RO~i~.,D N~, a~P DATE C~F PL~R REVIEWED BY: I~.OB'I~RT .1. M'ULH~RE, AICP CURRENT PLANNING MA]qAG~R DATE AGENDA ITEM ~ MAR 2 5 1997 a0 DONALD ~OLD, A1CP p G SERVI. CE~___~T DIRECTOR COMMUmTV DE¥. ~ m,a~om~mm'AL DATE DATE Petition Number CU-96-26 StaffReport for March 6, 1997 CCPC me,ting. NOTE: This Petition has been advertised for the March 25, 1997 BCC meeting. COLLIER COU]qTY PLA~q~c3 COMMISSION: MICHAEL A. DAVIS, CHAIP. M~ CU-96-26 STA~ REPORT/pd I~AR 2 $1997 FOR CONDitiONAL USE p_=TITION NO. CU-96-26 . COORDINATING PLARNER: Rom Nino DATE R~CEIVED: APPLICANT NAME (AGENT): Mark W. Mino~. P.E. ..PHONE:(~411 947-1144_ APPLICA/~ ADDRESS: 3800 Vi& Del Re ,"Bonita S rim s, FL 34134 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*~u= S&vior Lutheran Church 10000 Ai .rport Road~ Naples, FL 34104 D~TAILED LZGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 25 TOWNSHIP: 48S _PHONE:~941) 597-4091 PROPERTY I.D. #:~33480490000 SiZE OF PROPERTY: 6105 FT. X ~ FT. ACRES: 5.02 G~--~.F-RAL LOCATION A~D ADDRESS OF SUBJECT PROPERTY: One half mile south of Immokalee Road at ~he intersection of AirPort Road & Cur!in~ Avenue. EXISTING LAND USZ: Church ZONING OF SUBJECT, PROPERTY: RSF-~ C~urch, School, Pre-K TYgE OF CONDITION]%L USE ItEQUESTED:Section 2.2.4.3.2.,3., & 4. ADJACE.NT ZONING AND LAND USE: ZONING N C-4 RSF-3 RSF-2 LA~D USE Commercial (Sam's Club) Residential ISin~Ie Family) Residential (Sinqle Family} Canal R/W SFWMD Drainage Ditch~ then Air~ort_ Rd. -1- 1997' ~espond ~o ~he ~oLLov2nq criteria: ~s ~s r~es~ consL~en~ v~ ~e ~nd DeveLop~en~ C~e and Gro~h ~nagemen~ Plan? Yes see' a2~ached Inqress and eqresa ~o proper~y and proposed sCrucCu~e~ ~.hereon conveni~ce, ~affic fl~ and consol, ~ acc~s ~ ~sa of f~e or ~Cas~ophe: see aCC~ch~d The effect ~he conditional use would have on neiqh~orinq proper=its in rela=ion =o noise, glare, econom/¢ and odor effe~c. see .a==ached CompaCibili=y'wi~h adjacent prope~ies and other prope~ies in the d£s=ric=. Se· a~=ached SIGNATURE ~F PETITIONER OR AGENT Mark W. M~nor, P.E. Q. Grady/Minor :-~ Asso¢iate~', .P.A. DATE -2- MAR 2 5 1997 ~. // $~a~& o~ Florida C:u~,~-y o~ Collier ~ Da~e Our Savior Lutheran Chu=ch NOTARY P~L/¢ Commission ~ ~y Connission ExhAles: -1- MAR 2 5 1997 "~ ~rOT..AR¥ P~BL,Z¢ Coun:{.sa:{.on f Hy ~:mn~ss:l. on ~'p:i.res: -2- AGEND,~ IT, EM \ MAR 25 1997 · p,._/~ I,~Jd DE~C~.~T~ON OU~ ~FZO~t I,~ C~U~.C~ 01~ PARCEL A, ~IT 2, FOUR SEASONS, AS RECORDED IN PLAT BOOK 12, PAGE 6, PUBLIC It~CORDS OF COLLZER CO~RTY, FLORIDA. CONTA/NING 18,46S SQ~P~E FEET OR 0.424 A~.S MOPE OR LESS. AGE~DA MAE 2 5 1997 Is this request consistent with the Land Development Code and Growth Management Plan.* Yes. The proposed site mee~ all the requiremen~ of the Collier County Lind Developmem Code, including, but not limited to, bu/lding setbacks, buffers, open space, required parking and uses. The proposed expansion of the existing church and sanctuary with the new Pre K and K through 8 schools are consistent with Growth Management Plan. The subject site is located with the Mixed Use category of Urban designation of the Fugue Land Use Map. The proposed expansion and conditional uses are consisten~ with policies 2.1, 2.2, 2.3 and 2.4 as the site is served with public facilities as potable water, ~ewage service, water mamgcmcnl and acce~ to Airport Road. 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: The project has access to Airport via Curling Avenue. There is a median opening at the intersection of Curling Avenue and Airport Road. The access to the site is on Curling Avenue in close but safe proximity to Airport Road. Access for emergency vehicles is direct without intrusion into the residential subdivision. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. The west and north boundaries of the site abut public right-of-way and commercial properties. Thc site has been designed to reduce any negative effect upon adjacent properties. The west boundary proposes a 2 foot h/gh berm with a 4 foot high fence supplemented with trees and shrubs. The project anticipates no odor to be generated. Compatibility with adjacent properties and other properties in the district. The existing church facilities and proposed conditional uses will and presently function as a u'ansition between the adjacent residential and the commercial to the north and the arterial road (Airport Road) to the west. Church facilities are typically located on or in the fringe of residential as supporting use to the residential, but also as a buffer to those uses not compatible with residential. Utility Provisions for Conditional Uses and Rezones 1. NA/~E: Our Savior Lutheran Church 2. ADDRESS:~Ort Road N., Naples, FL 3. LEGAL DESCRIPTION: see attached 34104 PHONE: (941) 597-4091 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check appl£~abl~ ~ys~em): A. COUNTY SYSTEM_._.~ B. CITY SYSTEM C. FRINCHISED SYSTEM NAMe: Collier Count_~_____ D. PACKAGE TREATMENT PLANT CAPACITY (GPD} E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHIS~D SYSTEM NAME: un D. PRIVATE SYSTEM 6. TOTAL POPULATION TO BE SERVED: N/A 7. PEAK AND AVERAGE DAILY DEMANDE$: 1. WATER-PEAK AVERAGE DAILY 2. SEWER-P£AK__~__AVERAGE DAILY~ 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: Existing 9. Provide a brief and concise narrative and schematic drawing of ~he sewage treatment process to be used as well as a specific s~atemen= regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided fTom tests prepared by a professional engineer. -1- IIA S 5 1997 10. A statement, in writing, signed by ~he owner should be provided agreeing to deed to T.he County Utilities ~he water distribution and sewage collection facilities within ~he proJec~ area u~n comple~ion of =he cons=~ion of ~ese faciliCies in a~ord~ce w~ a~lic~le County ordinances. ~is statement shoed also ~clude a~e~en= ~= applicable system development charges ~d =o~e~ion fees will ~ ~id =o =he County Utilities Division prior to ~e iss~ce of build~ pe~its by ~e Co~=y Co~uni~y Devmlo~mn~ Division. ~e s~t~= should also contain a~m~ent =o.dedi~=m appropria~m Utility ~s~ for serving ~e wa=~ and sewer systm. APPROVER: COMMENTS: OFFICIAL ~SZ ONLT DENIED: UTILITIES ADMINISTRATOR -2- AGEI'~DA I~£M ~ MAR 5 1997 3 4 12 16 26 A RESOLUTION PROVIDING FOR THE ESTABLISHH~IT OF DAY CARE CENTERS A~D S~ CONDITZON~ USES "2"~ "3" ~D "4" IN ~E ~F-2 ZONING DI~ FOR ~CH ~D RE~TED USES ~P~SION, DAY ~ C~ ~ S~L, P~U~ ~ SE~ION 2.2.4.3 OF ~E CO~I~ ~ ~D D~~ ~DE FOR PROPERTY ~CATED IN SE~ION 25, ~SHIP 48 SO~, ~GE 2S ~, ~LLI~ CO~Y, F~RIDA. ~S, ~he ~gisla~ure of ~he SCa~o of Florida In ~ap~er 67-1246, ~ws of Florida, and ~apter 125, Florida S~tutes, ~s conferred on Collier County the p~er to establish, c~rdinate a~ enforce zoning and such business regulationo a~ are necessa~ for protection of the public; and ~S, the County pursuant thereto has adopted a ~ Development Code (Ordinance No. 91-102) ehich includes I Comprehensive Zoning Ordinance establishing re~htionl for the zonl~ of particular geographic divisions of ~e County, among ~ich ~s the granting of Conditional ~ses; and ~ZAS, the Collier County Planning Co~lsslon, ~tnq the duly appointed and constituted planning board for the area here~ affe~e~ has held a public hearing after notice as in said r~lations ~de provided, and has considered the advisability of Co~tional Uses "2", "3' and "4" of Section 2.2.4.3 in an ~SF-2 zone for church and related uses e~ansion, day care center and school on prope~y hereinafter described, and has found as a ~atter of fact (Exhibit "A") that satisfackory provision and arrange=eat have been made concerning applicable ~atters required by eaid re~lations and In accordance Subsection 2.7.4.4 of the ~nd Development Code for the Collier Coun2y Planning Commission; and ~ER~S, all interested parties have ~en given oppo~unity to heard by thi~ tie,rd in a public neettnq assenbled and the Board having considered all matters presented. NO~, T~EREFORE BE IT RESOLVED, BY ~E ~ OF ZOninG ~P~ of Collier County, Florida that: PAGE 1 MAR 2 5 1997 2 3 4 ../ I 10 ~2 13 19 2O 2]. 22 23 24 2~ 2~ 2'7 2~ 29 3O 3~ ~2 33 34 The petition filed by Roger Dele rapreean~ing Our Savior Lu~haran Church wl~h respec~ to ~he proper~y hsrain&f~er describ~d as: Exhibi~ "B" which is a~ached hereto and incorporated by referenca herein be and the same is hereby approved for ¢ondl~ional Uses "2"~ "3" and "4~ of Section 2.2.4.3 of the RSF-2 zoning district for church and rela~es uses expansion, day care cen~er and school in accordance with the Conceptual Nas~er Plan (Exhibl~ "C') and subject to the followin9 conditions: a. The Planning & Technical Services Nanager may approve minor changes in the location, siting, or heigh~ of buildings, s~ructures, and improvements au~horized by the conditional use. Expansion of ~he uses iden~lfied and approved within this conditional use appltca~ion, or ma~or changes to the si~e plan su~l~ed aa par~ of ~his applAca~iom, shall require ~he su~i~al of a new conditional use applica~ion, and shall comply wl~h all applicable Coun~M ordinances in effec~ a~ ~he ~ime of includin9 Division 3.~ Si~e Developmen~ Plan Review and approval~ of ~he Collier Coun~M ~nd Developmen~ Code (Ordinance ~o. 91-102). b. ~11 elevated liqh~in9 fixture specifications shall provide for direc~in9 illumima~ion ~o the surface o~ ~he parkinq lo~ onlM ~i~ ahieldin9 ~o ensure ~ha~ ~here la no horizon~al ~llumina~ion on ~he ad~acen~ proper~M. c. ~r~erial level s~ree~ li~h~in~ shall be provided a~ pro~ec~ entrances a~ ~he ~lme said entrance is constructed. d. A fair share contribution ~oward ~he ins~alla~ion of ~he ~raffic signal s~s~em a~ ~he intersection of C.R. ~1 and Road shall be required a~ such ~lme as a signal ~ay ~ warranted. X~ shall be ~he Coun~M's sole de~e~ina~ion as ~o whether or no~ such a siqnal system la warranted. AmM such slqnal sMs~em shall ~ owned~ opera,ed and main~ained bM ~he County. MAR 5 1997 a. Turn lanes nay be ~eclu~red st Ou~ling Road entrances to alleviate potential oper&tion&l problana at project access points{ f. Compensating right-of-way shell ~ re~lred for develo~en~ of re.ired ~urfl ~anes when decried necessa~ by Collier County. g. Entrance design shall ~ consis~en~ wl~h ~he r~lreaen~s o~ the ~c. (~xot~c-fre~) plan for th~ ~e ~hall ~ ~lannl~g ~nv~ron~e~t~l ~vle~ ~ff for ~vl~v to fl~al ~l~e plan/ccn~tructlon plan approval. ~. An a~proprlat~ portion of ~h~ natlve v~g~atlon ~h~ll retained on site as required tn Section 3.9.5.5.4 CC~, as anended. J. The landscape buffer along the east s~¢e of the project site shall be vegeta=ed to achieve an e~ghty (80) percen= opacity ra=~ng within one year of the date of this approval. BE IT F~THER RESOLVED that this Resolu~ion ~ recorded ~n the minutes of th~s Board. This Resolution adopted after motion, second and maJori=y vote. Done th~s day of __, 1997. B0~ OF ZONING APP~LS COLLIER CO~TY, F~RIDA TIHO~Y L. ~COCK, 14 16 17 19 2O 21 28 27 2~ 29 3O 31 33 34 PAGE 3 ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FOPIM AND LEGAL SUFFICIENCy: ASSISTANT COUNTY ATTORNEY CU-96-26 RESOLUTION/18839 MAR 2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLA~;NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2, 2.2.4.3.3 and 2.2.4.3.4 of the Land Devlopment Code authorized the conditional uses. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: Consistency with the Land Developnent Code and Growth Hanagement Plan: Yes No 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 ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by __ Affect c~nnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . DATE: CHAIRMAN: FINDING OF FACT CHAIRMAN/19241 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2, 2.2.4.3.3 and 2.2.4.3.4 of the Land Devlopment Code authorized the conditional uses. 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: Consistency with the Land Develbpment Code and Growth Management ~: Yes No 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 ingr~s~/& egress Yes V No Affects neighboring properties in relation to noisF, glare, economic or odor effects: No affect or__Affect mitigated by __Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use wit~iydistrict Yes ~'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should ~ be ou d. be recommended for approval .~/!- DATE:~ CHAIRI~N: FINDING OF FACT CHAIRMAN/19241 Exhibit "A" MAR 5 1997 FINDING OF FACT COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land Development Code authorized the conditional use. me 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: Ae Consistency with the Land Development Code and Growth Management ~ Yes No Ingress and egress to property and prpposed 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 ingress & .e~r~ss Yes A/No Affects neighboring properties in relation to noise3._glare, economic or odor effects: ~-- No affect or Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~" No Based on the above findings, with stipulations, (copy attached)lshould recommended for approval. DATE: FINDING OF FACT MEMBER/19241 this conditional use~' ]ed ~should no]~).b~ AG£ND& I~1~ .. MAR 2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLA/;NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 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: Be Consistency with the Land Development Code and Growth Management pl~ja: Yes No Ingress and egress to property and prgposed 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 ingress & e~ess Yes Affects neighboring properties in relation to nois/J glare, economic or odor effects: .~/ No affect or __ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the distr~ct: Compatible use~ithin district Yes VNo Based on the above findings, this conditional use should with stipulations, (copy attached) recommended for approval / / FINDING OF FACT MEMBER/19241 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 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: Ae Consistency with the Land Development Code and Growth Management Plan: Yes .~ No Ingress and egress to property and proposed structures thereon with particu~ar reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~)~ No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use within district Yes y No~ Based on the above findings, this conditional use should, FINDING OF FACT MEMBER/19241 MAR 2 5 FINDING OF FACT BY COLLIER COUNTY PLA~NING COHMISSION FOR A CONDITIONAL USE PETITIO~'T FOR CU-96-26 The following facts are found: e Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 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: Ae Consistency with the Land Development Code and Growth Management Pla~: Yes ~ No__ Ingress and egress to property and proposed structures thereon with particular re~erence to automotive and pedestrian safet~ and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes %/ No Affects neighboring properties in relation to nois~, glare, economic or odor effects: ~ NO affect or Affect mitigated by Affect c~nnot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use ~;ithin district Yes ~/' No. Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . ~_~/~ ~ . ~ FINDING OF FACT MEMBER/19241 IlAR ,e 5 1997 / FINDING OF FACT BY COLLIER COUNTY PLANNING COHMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and prgposed 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 ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, recommended for approval~~'~',, ~ FINDING OF FACT MEMBER/19241 AG£ IT FINDING OF FACT COLLIER COUNTY PLA~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: 1. Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not &dYersely &ffe=t the public interest and will not adversely effect other property or uses in the same district or neighborhood bgcause of: A. Consistency with the Land Development Code and Growth Management P~n: 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 ingress &/Fgress Yes .~___No __ C. Affects neighboring properties in relation to noise~/~lare, economic or odor effects: ____~ No affect or __ Affect mitigated by .- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use~within district Yes V' No f~ this conditi~/~l use should Based on the above s, , with sti. pula . . . or) be~ FINDING OF FACT MEMBER/19241 FINDING OF FACT BY COLLIER COUNTY PLA~ING COM~ISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 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 sane district or neighborhood because of: A. Consistency with the Land Development Code and Growth Mana~. 'No______ B. Ingress and egress to property and prgposed structures thereon with particular reference to automotive and pedestrian safet~ and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingr,~~..ress  j No C. Affects neighboring properties in relation to noj~.~----~re~-~conomic or odor effects: (~c No affe~ or Affect mitigated by ' ~fect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compat~within district Based on the above findings, this conditional use should, with stipulations, (copy att-~should not) be reco~ended for DATE: FINDING OF FACT MEMBER/19241 MAR 9 5 1997' LEGAL DESCRIPTION A TRACT OF LAND IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2S, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORZDA. FROM THENORTHWEST CORNER OF SAID NORTH 1/2 OFT HE $OUTItWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, RUNS 89'12'25" B, A DISTANCE OF 100.0 FEET TO ~ P.O.B. THENCE CONTINUE S 89e12'25· E, A DISTANCE OF 452.88 FEET TO A POINT; THENCE RUN S 00e08'12" E, A DISTANCE OF 29?.03 FEET TO A POINT ON A CURVE; THENCE RUNSOUTHWESTERLYALONGTKEARC OF A CURVE TO THE LEFT, 101.01 FEET TO THE PT, SAID CURVE HAVING A RADI'US OF 223.18 FEET, A DELTA OF 25°55'$3", A CHORD 0~.100.15 PT. ET BEARING S 58046'03" W; THENCE, RUN S 45°48'07" W, ALONG A RADIJtL LINE, A DISTANCE OF 275.17 FEET TO TF2~ PC OF A CURVE; THENCE RUN NORTHWES~Y ~NG ~ ARC OF A CURVE TO TH~ LEFT, 190.22 FEET TO THE PT, SAID CURVE HAViNG THE RADIUS OF 237.93 FEET, A DELTA OF 45"48'21", A CHORD OF 185.19 FEET BEARING N 67*06'03" W; THENCE RUN N 00'00'14" W, ALONG A RADIAL LINE, A DISTANCE OF 475.00 FEET TO THE POINT OF BE~INNIN9 AND CONTAINING 200,142.30 SQUARE FEET OR 4.5946 ACRES MOPE OR LESS PARCEL A, UNIT 2, FOUR SEASONS, AS RECORDED IN PLAT BOOK 12, PAGE 6, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 18,465 SQUARE FEET OR 0.424 ACRES MOPE OR LESS. ~hibit ii PETITION A-97-1, MR. JAMES H. SIESKY REPRESENTING FALLING WATERS DEVELOPMENT CORPORATION REQUESTING AN APPEAL OF A COLLIER COUNTY PLANNING CCHMISSION'S DENIAL OF A TEMPORARY USE EXTENSION FOR A MODEL SALES CENTER, DENIED ON JANUARY 16,1997, FOR PROPERTY LOCATED AT 6562 TRAIL BOULEVARD. O~JECTIVE: The objective of this appeal is to determine whether the Collier County Land Development Code-Section 2.6.31 was properly applied in the subject case. CONSIDERATIONS: On January 16, 1997 the Collier County Planning Commission heard and denied a Temporary Use extension petition (TU-96-7E) applied for by the Falling Waters development Corporation. The Temporary Use Permit was originally issued on June 1"~, 1995, and will expire June 1", 1997. Collier County Land Development Code Sec. 2.6.33.4.1. authorizes staff to issue Temporary Use Permits for model homes or model sales centers for a period of 24 months. Extensions beyond the initial 24 month permit may be granted for a maximum of three (3) years by the Collier County Planning Commission. This model home is not intended to market or promote single family residential development within the neighborhood. It's sole purpose is to market and promote multi-family developments in East and North Naples. As a result of this, the Land Development Code was amended to prohibit similar temporary uses in the future. The Collier County Planning Commission heard this petition on January 16, 1997. At the CCPC hearing the applicant agreed to cease the sales operation at the end of 1997 if the Planning Commission extended the permit until the end of 1997. The Planning Commission after a debate denied this request by a vote of 3-4. Attached to this report is a copy of the verbatim minutes of the CCPC meeting. STAFF REC~~ATION: That the Board of Zoning Appeals uphold the Collier County Planning Commission's denial of TU-96-TE. MAR 5 1997 I~I~PARED BY: CHAHRAH BAD~TCHI~N, Ph.D. , AICP SENIOR PIANNER DATE REVIEWED BY: · MULHERE, AICP, MANAGER CURRENT PLANNING ~ON~ ,. ~OL~, ~P, ~R~.~O~ -VINCENT A. CAUTERO, ~IST~TOR COMITY DEVELOPHENT & E~IRO~ENTAL SERVICES DATE DATE 2 MAR S 5 1997 JAlVI~S A. PXLON, P~. ~oard C, erttJled Rea{ Estate Attorney {AM]~S H. SI]ZSKY, P.A. DOUGLAS A. WOOD, P.A. SlESKY, PILON & WOOD · par~m~p ot pm~.~at a#ocut~s A'TTO~S AT LAW .'. fl 7-1 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAM1 TRAIL NORTH NAPL~, FLORIDA ~102 JanuaD'31,1997 RFCF_[VED FEB 07 E97 IX. vclopmcn! Sen'icc.,, ])ircclnr ('oilier ('ounty 2800 N J lor,¢.qm¢ I)r~x'¢ Napl¢,,. I'1 341114 RI:: Appeal of Planning (,ommission Decision Regarding Falling ~&'aters Model ilome I.(,eated on ()Id 'Frail Boulevard I)¢-,7 l",fllm[, ~\,tl¢~', I X.'xch,pmcnt ('(,rp,,r.m,.,r, hcrd~> appc,d~ thc deczs,on of'thc t'olher CounD' Plalulmk, ( 'nmm~,~)tm which tP~appr, wcd il~ re, lUC,l In cxlcnd Ibc u~ ol'pro~' l~aled 6562 'l'rad Itouicx.ml as a mt~icl home l~nclo~ed ~ thc required $200 O0 t~c a~s~ialed w;lh th~ ;~ppcal '{'h,mk x(,, f}~r y(mr allcnhon lo Ih~ matter Il'yon have any qucqmn,~ or concern.,. colll;lcl 111,2 al yotlr COIlX'¢IliCrlC¢ Sincerely yours. csky ~tr. Badam=chian. _ MR. BADAMTCHIAN: Good morning. Chahram Badamtchian for planning services staff. The Falling Waters develo~=nent, they own & mo~el home on Trail Boulevard across the street from Pelican Bay. It was built almost two years ago. On June 1st it's going to be two ye~ra, and they are requesting a three-year ex=ension of their =e~morar~use permit for =ha= model home =here. Since this mo~el home was built, our code has changed. Now we require =hat no~, &lAi 5 1697 January 16, 1997 built where they can build and develop the lot in accordance with that model home. Basically this is a multifamily model home unit, and the area is a single-family area -- single-family zoning d/strict. I have received three letters in opposition to this'request, and there's also some problem with the code com -- code compliance services. They have a design which is denied by the Board of Zoning Appeals, and they went ahead and built the sign without a permit. Staff reccm~ends that this CCPC denies this request. CHAIRMAN DAVIS: Mr. Thomas. MR. THOMAS: If we deny this request, what are they to do then? MR. BADAMTCHIAN: At this moment -- they can appeal. MR. THOMAS: No, no. We deny the request, the Board of Zoning Appeals denies the request, then what happens to that multifamily structure sitting in the single-family residential? MR. MULHERE: Well, first of all, they wouldn't be able to use it as a model anymore; so all the signage would come down, and they wouldn't be able to use it for that. They can either move the structure or sell it, renovate it and/or sell it to be renovated so that it functions as a single-family home, you know. It's -- have you been by there? MR. THOMAS: No. MR. MULHERE: Okay. You know, I mean, I have not been inside of it, but from the outside appearances it looks to me like it probably could be either renovated or created to function more like a single-family home from the outside appearance. CHAIRMAN DAVIS: Any other questions? - -Kll right. Would the petitioner like to make a presentation? MR. SIESKY: Jim Siesky representing Falling Waters. I think it is basically a single-family home. There's only one dwelling there, as I recall. I've been inside, and there are two outbuildings that would be garages. But other than that it's a single-family dwelling Just built on the style of a Falling Waters condominium. As I read the code, this -- the Planning Commission has several things to consider when it makes its decision here. First is the number of existing model homes or model sales offices in the ~mmediate area, and according to the report, there are none. This is probably one of the last of the breed on Trail Boulevard. Second is the classification of the right-of-way where the mobile home -- excuse me -- model home fronts. And while we know Trail Boulevard is really 01d 41 and what you're really fronting is ' 41, everybody sees it as you drive by. The character and makeup of the surrounding area, it's all single-family; we know ~hat. It has been for a couple of years. The potential effect of the model home on adjacent surrounding properties -- well, I think this falls in line with No. 5, and that's the existence of complaints. ~.y hc~se -- you probably have the plat map there. My house is at Lot 26 on Caribbean Road, and we never notice this .hou.se. My -- my neighbors have never mentioned it to me. You hay Page 9 MAR 2 5 1997 PI. January 16, 1997 com~laint from somebody at 147 Caribbean Road, Denise Hale, but ~hat must be nomewhere -- must be Lot 21, 22, or 23. Lot 24 is vacant; so I don't see how that would affect any sale. Matter of fact, none of ~he complaints ~hat you have received of ~he three co~lain about, it°s loud~ it's lighted too much~ it's otherwise offensive. The only complaint is it's a model home in ~his area. And if you've been here for any period of time, you know we've had mo~el homes on Trail Boulevard for 20 years. That's how long I've been here. I've also spoken to Albert Hubschman, and ~hey have purchased a parcel of property up near Audubon. It's going to be developed as Falling Waters North Preserve, and he intends to ~ut a model on that location. And what he requests is to amend ~xis request from a three-year application to not later than ~he end of ~his year -- the end of 1997 or whenever he has his permanent structure available at Falling Waters North Preserve, whichever comes first. He will then terminate the use of this structure as a model home. CHAIRMAN DAVIS: Mr. Siesky, you talk about the models along 41, and my observation is, traditionally, they have been -- it certainly has been 'model row' going back to the Michigan Home days. But they have been single-family home models designed for the surrounding area, where this is not the case with Falling Waters. MR. SIESKY: I don't dispute that, but at the time I believe Mr. -- or Chahram -- I'm not trying the last name -- Chahram said that the code was changed because of this model home. At the time it was put in there, it was permissible, and now it's been made clear that you cannot put a model home that would not serve this type of a subdivision. CHAIRMAN DAVIS: Okay.' Mr. Thomas. -~R. THOMAS: I am confused. I don't mind telling you I'm confused. It looks like a single-family dwelling, according to what you said, Mr. Mulhere. It is a single-family dwelling, according to what you said. Now, I don't understand. MR. MULHERE: Well, it's -- it's -- it's -- it's really a question of what the intent is. The -- the code allows you tq have a sales facility within a subdivision for the purpose of marketing ~hat product within the subdivision. The cod~ does not allow you to build a model home for the purpose of marketing a multifamily project 15 m/les away. CHAIRMAN DAVIS: Mr. Nelson. MR. MULHERE: That's it in a nutshell. MR. NELSON: I guess ~hat was going to be the point I was going to emphasize. It seems that simple to me, that if, in fact, we have changed the code and/or -- not changed. But if, in fact, the ' · code indicates something ~hat isn't in existence on this particular site and it comes up for extension, that's our opportunity to deny it and get back on track. We can't be extending things that are against code, I don't think. MR. SIESKY: Well, I would differ with you, because ~uless ~be terms of the extension of a temporary use have been MS. there are only five things for this com~nittee STUDENT: If I might, Marjorie Student, assis~an January 16, 1997 county attorney, for the record. N.r. Siesky's correct. You're going to be guided by the five considerations in the case expressed and analyzed in the staff report. And there may be something in one of those criteria that could -- you know, where you might be able to get to, well, if the code doesn't allow it anymore, then it may be because of some compatibility issue or something that the code was changed. I don't know. That's a finding based on the testimony presented today that you' 11 have to make. CHAIRMAN DAVIS: Okay. MR. OATES: Mr. Siesky, you state ~hat Mr. Hubscb-~n and Falling Waters people would be willing -- would ask for an extension no longer than December 31, 1997, and sooner than that if they get their model completed in the Audubon area? MR. SIESKY: Yes, sir. I want to ~ke you understand the model we're talking about is not a sales trailer, but an actual model being constructed, that's true, which would, in effect, be at the most a six-month extension rather than three years. MR. BRUET: One thing I would like to point out in that d/scussion, I think that building, if we remember back, was built in about 30 days; the wall, the landscaping. I mean, it was really something to behold. If you're considering giving him time to get out of there, he can do it in a lot less than one year. That would be what I would throw out there. MR. OATES: Has he closed on the property? MR. SIESKY: No, sir. The closing has not yet taken place. MR. BRUET: Okay. CHAIRMAN DAVIS: Any ~ther questions of staff, the pe~ibner? Mr. Thomas. MR. THOMAS: I'm -- I'm sorry, fellows. I'm Just having a real problem. If there's a problem, I'm trying to see as people drive in who live there who visit the area, how are they negatively impa. cted by this operation. And the only thing I've seen in anything you've said to me is the question about some signs put up that weren't supposed to be put up, which seems to be a code enforcement problem ~h~t can be dealt with. MR. WJLHE~: I look at it this way. A temporary use permit is a special use that's permitted, not a use by right, and we a~nistratively grant the authority for a temporary use permit up to two years. Beyond that there's a reason why you need to go to the Planning Commission and beyond that to the board for approval. And the board in, I think, two Land Development Code cycles ago, about a year ago, amended the code because, they wanted to make the pUrl~ose ancT · intent clear of -- in locating a model home. The -- the idea of locating a model home in a neighborhood to market a product that isn't even located in that -- in that subdivision or that neighborhood is not permissible. Marco Island, you know, is a single lam -- lot of single-family products. You have model homes in a lot of different locations, but basically those are marketing those single-family Drc~ucts throughout the island. I guess, you know, the comparison w~uld be, you know, within a single-family subdivision, o ~ :Page MAR 2 5 1997 January 16, 1997 ~he construction of a multifamily product to market it because of the visible -- the exposure that that location offers to market something, you know, tha~ may be located much further away. You are going to bring addi~ional traffic into the neighborhood that you o~herwise wouldn't bring in based on that premise. So, you know, I -- I recognize that it's not exactly a black-and-white issue, and it comes to purpose and intent. And we've, I think, gone abou~ as far as we can in changing the code to make it as clear as we can. I Just -- this comes right out of ~he code, · Model homes located within residential zoning districts or within a residential component of a PUD shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD.' That doesn't say -- it says marketing. And the point is r. hat, you know, Falling Waters is not marketing -- Development Corporation is not marketing single-family homes, although ~heir model home is located within a single-family subdivision. They're marketing products that they are building in Falling Waters Development Corporation in East Naples and down on 951 heading towards Marco island there, the Beach -- Beach Club -- Beach Resort. So, you know, our opinion is that it's not appropriate. MR. THOMAS: What about the middle-road position that they're coming up with, Just to keep it long enough for ~hem to get another office built further up the road? MR. MULHERE: Well, that's the first that we heard of ~hat. I'll tell you what, that probably -- practically speaking, if -- if they wanted to challenge your position on this and appeal it to ~he board and then still go to code enforcement, it probably would ~ake that long before we could force an issue anyway. If they're willing to acquiesce within a certain a period of time, that's a consideration, I think, a valid consideration. MR. THO~S: Okay. CHAIR14AN DAVIS: Mr. Nelson. MR. NELSON: Yes. Again, I think my objection, because it isn't serving the neighborhood, actually falls on the fourth.or the fifr, h of the five criteria in that is it compatible with the neighborhood. It's offset. In other words, when there's a model home, there's always a negative effect on a neighborhood, but it's offset by the positive side that it's selling homes in that neighborhood, and that's a good thing, to get the homes sold. This has no negative offset. But I'd like to -- Mr. Siesk%,, it was also brought up ~hat your company put up signs after the Board of County Commissioners indicated you could not. Did you explain that? · MR. SIESKY: Sure. We have sued -- Collier County did not file suit. The Hubschman's did file suit for declaratory judgment to see whether or not ~hat was appropriate action by the Board of County Commissioners, and that's still pending. MR. NELSON: But while you were waiting for an answer, you put the signs up? MR. SIESKY: I think it's unrelated to this. ~(R. B~%r~T: Yeah. I don't get the connection. Page 12 ~o. MAR 5 1997 P~. ~ January 16, 1997 MR. NELSON: It had to do with the complaints with -- In other words, the staff indicates we had numerous complaints and this &1so -- MR. THC~AS: It boils 4own to that they take an issue with a rule that the county made, and they're fighting that in a legal situation. We cannot deal with ~bAt at this particular point. I don't even see that as a form of a com~laint. CHAIRMAN DAVIS: Any other questions of the potitioner? Mr. Wrage. MR. WRAGE: I don't have any questions, just -- X wrote down here I have a problem with the three years, but the option that's been offered, I had already wrote one year before I even heard that. And that's what I would th~-k. I certainly agree with Mr. Mulhere that if they go through the process, it's going to take long anyway. If they're willing to agree to no later than December 31st, I would certainly entertain that. CHAIRMAN DAVIS: Okay. Thank you, Mr. Siesky. Anyone else that would like to speak on the issue? While Miss Barker's coming up, Marjorie, did you have a comment? MS. STUDENT: Again, Mr. Chairman, just because we need to support the record with some findings, whatever the commission's decision may be, whether it's a motion for or against, I need you to state with particularity what the reasons are for it. Thank you. MR. DAVIS: Thank you. Ms. Barker. O MS. BARKER: Yes. For the record my name is Sally Barker. I'm a resident of the Pine Ridge subdivision and a neighbor of the Falling Waters, quote, Model Center, unquote. I would like to register my objection. I wrote a letter, which is probably included iff ~b~r packet, but I think I need to tell you a few other things as well. Two years ago when that model center went up, it did so -- when it did so, it generated a great deal of controversy within the subdivision, a lot of negative comments, not only because of the way it was built. They built it past normal construction hours,, on Sunday. Every ordinance that you can name governing construction, they probably violated to build it. Anyway, it became such a contentious issue that Harrison Hubschman attended the July meeting of the Pine Ridge Civic Association general membership. At that meeting Harrison Hubschman promised that when the temporary use permit expired in July 1997 that model center would be gone. And now we hear they're asking for another three years. Frankly, it's just another one in a long chain of broken promises. · The neighbors, many of whom would like to be here today but cannot because they either work or they're retired or whatever, object to the model center on a number of bases. You have to understand what this thing looks like. Fortunately, they've done some very heavy landscaping; so you can't see it that well from Trail ~oulevard. But what they have done is they have taken a group of nu/~ifmauily units and sliced off one and built that. So ~ ;a-~ ..... is a v~ry long, narrow unit. For example, one wall, I thi %k, Page 1:3 MAR 2 5 1997 PAl._ January 16, 1997 feet -- maybe it's longer than that, 45 feet -- with no windows, because it would be the internal wall next to the unit next to it. So it's not really suitable as a single-family home. It would take a great deal of renovation or addition to make it suitable as a single-family residential home. It's -- it's a condo unit, is what it is, standing by itself. And, frankly, it's ugly. They have garish lighting at night that is -- well, you can see up and down U.S. 41 if you try. The signs, as we've already been through, are in violation. Frankly, it's just not a good situation for the Pine Ridge subdivision, which has, you know, been stuck with this thing for two years. And, God help us, we don't want another three. Thank you. CHAIRMAN DAVIS: Thank you, Miss Barker. Anyone else to speak on this subject? Close the public hearing. MR. OATES: I would move that we deny Petition TU-96-7E as submitted and based upon the applicant's changing, that we allow this model to continue through and no later than December 31, 1997, and sooner if they close on the land and build a -- a model unit in the Audubon area. MR. THOMAS: Second. MR. DAVIS: Made by Mr. Oates, second by Mr. Thomas. In the way of discussion, it strikes me, having observed -- and I think Mrs. Barker put it succinctly, that that's all it is; it's a slice out of a condominium. I -- I -- I just -- I can't vote for the motion, because it -- in my mind, the criteria of combustibility isn't anywhere close to being met. Mr. Nelson. MR. NELSON: I feel the same way. I can't support it ei~L~fef, especially since we've pointed out that that a~roximate time frame would be available to them in the appeal process that's there. I don't think there's any compatibility here either. MR. BRUET: Mr. Chairman, I've always looked at it as sort of commercial operation within a little residential community. I never thought it was very appropriate, and I would have trouble. supporting the motion also. MS. STUDENT: Mr. Chairman, just to clarify the record, when we speak of compatibility, would you mind identifying for the record of the five criteria listed, would that be -- what one that would be. MR. NELSON: It would be No. 4 for me. MS. STUDENT: Okay. Thank you. CHAIRMAN DAVIS: Any other comment on the -- Mr. Oates' motion? All those in favor signify by saying aye. Excuse me. Why don't we go down -- I think we probably got a split vote here; so we'll begin up at this end by Mr. Nelson. MR. NELSON: Nay on that if that is what you're asking CHAIRMAN DAVIS: HR. BUDD: No. MR. BRUET: No. for. Yes. Page 14 MAR 2 5 1997 January 16, 1997 MR. THOMAS: Yes. CHAIRMAN DAVIS: No. MR. OATES: Yes. MR. PEDONE: Abstained. CHAIRMAN DAVIS: Oh, that's right. We've got 3 yeses and 4 nos. So that motion fails. Is there another motion? MR. BRUET: Mr. Chairman, I recommend that we move forward and support the staff's opinion for a denial of TU-96-TE on the grounds that it is not compatible with the surrounaing co~unity and that it is a -- plus it also does not com~ly with the current Land Development Code, Section 2.6.33.4.1. MS. STUDENT: Mr. Bruet, could you be a little more specific on which one of the criteria that you are a11uaing to. MR. BRUET: Well, No. 4 is the hDC requirement, and No. 5 deals with the com~at~ility issues. MR. BUDD: Mr. Chairman, I second that motion. CHAIRMAN DAVIS: Moved by Mr. Bruet, seconded by Mr. Budd. Any discussion on that motion? MR. OATES: Well, Mr. Chairman, I will not be able to support that motion. It seems to me that we had a solution where we could resolve the problem for all concerned, including the people in Pine Ridge, if there is a problem. And we're taking an approach I don'c think that will, in the long run, do the county, the people of Pine Ridge, or the developer any good. CHAIRMAN DAVIS: I think in the case of a developer -- and we often see this before that's gone out of their way to work with the con~nunity that they're.in that might be the case. My observation is that that certainly hasn't been the case this time. -MS. STUDENT: I Just -- well, I guess -- I guess to No. 5 about the existence of the complaints. MR. NELSON: Or may have absolutely nothing to do with it. MR. T~OMAS: My thought on that situation is this, that through a change in our rules is the reason why this is no longer allowed. That's the first thing I'm dealing with. The second ~iece is that unless we're going to force them to dynamite the building after we deny this, the building is going to still be there; and they'll probably even find somebody to buy that building and live in that building. So we haven't changed the appearance. All we've done is taken down some signs and maybe changed the lighting on the building. We have a micklle ground that we can take, and that is to give them until '97, December 31 or whenever they get CO'd for the other sales office, whichever comes sooner, which avoids a lot of ' manpower on the part of the county to go on and deal with an appeal and all the rest of the issue that we have to deal with. It just se~m~ to me it makes best economic sense to go on and give them a short-term renewal and let this thing go away. CHAIRMAN DAVIS: Any other discussion on the motion? ~R. ~U~T: I would just like to point out, Mr. ~airman, that, you know, when we change the Land DeveloDm~t Page 15 / MAR 2 5 1997 over time, it's usually changed because that's whaC the community wants, e31d I Chink Chac's Che case here. CHAI~20~NDAVIS: Anybody else? Mr. Wrage. MR. W~AGE~ Just to ely I can't support the motion. ~. Oitll lli~ It verM elegantly. X can't repeat Chat. CHAIRHAN DAVIS: All right. ~ec's have a roll-call vote a~ain starting wiCh Mr. Nelson. MR. NELSON: Aye. I'm in favor. MR. BUDD: Yes. MR. BRUET: Yes. MR. THOMAS: No. CHAIRMAN DAVIS: Yes. MR. OATES: No. HR. WRAGE: No. CHAIRMAN DAVIS: So we were 4 Co 3. ThaC motion passes. MAR 2 $1997' AGENDA ITEM COLLIER COUNTY PLANNING COMMISSION FROM: COlD, UNITY DEVELOPMENT SERVICES DIVISION DATE: December 19, 1996 RE: TU-96-TE MODEL HOME TEMPO~J~RY USE PERMIT EXTENSION. OWNER/AGENT= Owner: Falling Waters Development Corporation 6562 Trail Boulevard Naples, FL. 34108 REOUESTED HCTION~ The applicant wishes to obtain a three (3) year extension of a model home permit issued for the property described below. This permit will expire June 1, 1997. GEOGRAPHIC LOCHTION; This model home is located at 6562 Trail Bouievard, and is further described as Lo= 39, Block "C", Pine Ridge, Collier County, Florida. The Planning Commission may ei=her approve, approve with conditions, or deny any request for extension beyond the time permitted within Sec. 2.6.33.3.1 or 2.6.33.3.2 of the Land Development Code· The Planning Commission's action shall be based upon the following considerations. L. The number of existing model homes or model s&les centers within the immediate area of the extension request, There are no other model homes within the immediate vicinity of the ~ubJect model home. 2. The classification of the right-c£-way~e~ upon which the model home or model eal~s ~enter ~ronts. The subject property is located on Trail Boulevard which is classified as a local road. The character and make-up of the area surrounding the model home or model sales center. MAR 5 1997 IOU~YA~O AS! I t I I I C~ I I ! e The model home is located in a single family neighborhood. There is a mixture of single family residences and vacant single family lots. Tho potential effect of the model home or model sales center on &d~ecent and surrounding properties. In the opinion of staff, this model home is not intended to market any residences or promote any residential developments within the neighborhood. This is an off-site model/sales office for several developments in East end North Naples. This model sales office would not be permitted under ~he land Development Code. The LDC SEC. 2.6.33.4.1. states homes located within residential zoning district, or within a residential component of a PUD shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD in which the model is located..". This model/sales center is located within a residential single family district and is intended to market and promote multi-family residential units. The existence of complaints relating to the use of the model home or model sales center which is the subject of the extension request. Code Compliance services has received a multitude of complaints from the residents of the subdivision. Most of the complaints were generated because of illegal signs. The Board of Zoning Appeals heard and denied a sign variance to install 2 signs at the entrance to the model home on 9/12/1995 (SV-95-3). After the denial of the variance the developer installed those illegal signs without a building permit. This case is scheduled to be heard by the Code Enforcement Board; however, no date has been set as of today. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission deny TU-96-7E. Staff's recommenda'~!on is based in the following facts: The LDC will not allow a similar model home today. Model does not display typical units available for sale within the subdivision. 2- There are several complaints regarding this model home. 3- The developer with a total disregard to the Board of Zoning Appeals unanimous decision not to allow two model home signs, installed those signs 4- Developer installed signs without a proper buildi -2- m III I III PREPARED BY = CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ' ~RT J. MULHERE, AICP, MANAGER DATE CURRENT PLANNING SECTION "--" DONALD-W. ARNOLD, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, ADMINISTRATOR DATE COMI~JNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: TU-96-TE Staff report for January 16, 1996 CCPC meeting. Collier County Pl~ng Commission: MICHAEL A. DAVIS, CHAIRMAN -3- AGE D No. ~ MAR ~ 5 1997 ~PPLICATION TEHPOI~JtRY USE EXTENSION MODEL S~LES OFFICE -"-':t OJECT REVI?' ' ' The purpose of ~his application is ~o provide a me~hod by ~hich ~emporary use peraits authorized for a model sal&~-'~ff~e may be ex=ended beyond ~he initial two (2) year period as provided at Section 2.6.33.4.3 of the Collier County Land Duvelopment Code. Naue of Applicant (Person, FArm or Corporation)~ CORPORATION Phone No. 774-6961 A~are=3 c~ Te=pc.-a.--i Ute 6562 TRAIL BLVD. · ~e e · · _ :. i Descrigtion of ?roperty (Lot No & ?!a~ Na--e)~ A. Business or ?roject Name (If not sane as CORPORATION ~hone No. 774-6961 Nu.-~ber of Years for ~hich Extension is Requested (Maximum 3 yea.-s):._l-- Reason for Extension (Describe the extent of develop-~- ent and development remaining) T~e mode! ce~er is used as a el F~ Wa~ers Beach ~esor~ F 1' W ' ' that it will take at least three years %o build out these developments. nb/$27 Lot 39~ Block 'C' of P£ne R£dga Subd£v£s~on, as recorded ~n the off£ce fo the Clerk of C£rcu~t Court £n Plat Book 3, Page 24, of Publ£c Records of ¢oll£er County, CO~LZ F..lt COUt~'~ ~G?ORA~¥ USE I~ERKZ~ ]~OR "~ODEL ;OHZS ~ HOD£T. SALZS OI~ZCES" MODEL HOMZ___.__ HODEL SAT.,ES OFFZCE X (PLZASE CH~CK Oh'Z) 3. 4. 5. 6. 7. 8. LOCATION :~ ZONING DESIGNATION OF THE SITE: RSF-1 SUBDIVISION NAME: __~i~_~S~R__ .---- SDP $ (IF APPLICABLE) BUILDING PE~IT C~RTIFICATE OF OCCUPANCY # (IF ON~ ISSUED):__ DATES OF OPERATION: HOURS OF OPERATION: 8:00 a. · APPLICANT ' S NAME: Fa' w a APPLICANT' S ADDRESS: 7200 Davis Blvd. Na~ APPLICANT' S TELEPHONE NO. :~ Agreement: By acceptance of this permit, applicant agrees to defend, hold-harmless and indemnify Collier County and its agents from any and all liability which may arise of the iss%a?~e of this permit. Applicant/Agent Date: / -l- MAR 5 1997 Note: Cogn=y Date: P. EC~iPT NO. Model homes and model sales offices shall not be used for =he offices'of builders, con~.rac~ors, developers and similar activities. A Temporary Use Permit issued for a model home or a model sales office is valid for a period of twenty-four (2¢) months, any extension beyond that shall require public no=ica and a hearing by the' Planning Commission. Temporary Use Permit issued pursuant ko information provided by Applican~/Agen= including sketch plan and may include stipulations as deemed appropriate by the Development Services Director of his designee in accordance with Section 2.6.3~ of =he Collier Land Development Code. T~P USE FOR MODEL HOMES APP/md -2- AGE f*~A IT~(, MAR 5 1997 A RF~OLUTION AMENDING RESOLUTION 96-305 TO CORRECT A BCRZVENER'B ERIIOR IN THE L~GAL DF~CRIPTION TO LAND AREAS REQUIRING AN 8.95 POOT VARIANCE FROM THE REQUIRED FRONT SETBACK IN THE NH ~HiZNG DISTRICT FOR MARIA BILVA'B PROPERTY LOCATED ON THE NORTH BIDE OF KATHY LANE IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST. To correct a scrivener's error in Resolution 96-305 to ~ an incorrect 1.gal description. Following approval of V-96-9 and Resolution 96-30S by the Boex~ Of Zoning Appeals on June 25, 1996, Planning Bervices Staff disoovered that one dimension was submitted incorreotly by the applicant in the metes and bounds description. Subsequently, the error was discovered and a correct legal description was submitted by the applicant. PZBC~L~ ZMPACT~ None. aONTN Ma~AG~L'NT IMP&CTl None. ~BC~IMMEND~TZON~ That the Board of County Commissioners approve the acrivener's error correction to Resolution Number 96-305. -1- MAR 5 19 ? DATE RFv'I KWED CURR~NT PLANNING PLANN/NG SERVICES C~)MMUNZTY DEVELO~ & ENVIRONMENTAL SVCS. EXSUMMARY/SCRIVENER'S ERROR RVB/rb -2- RESOLUTION NO. 97-__ A RESOLUTION AMENDING PARAGRAPH FIVE OF RESOLUTION 96-305, A VARIANCE, FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGA/, DESCRIPTION. #K~R~S, the Collier County Board of Zoning Appeals adopted Resolution 96-305, pertaining to the Variance for Maria Silva approved on June 25, 1996, and WHEREAS, following laid action adopting Resolution 96-305, staff was advised that a dimension in the site's legal description was incorrectly listed in Paragraph Five of said Resolution by mistake and constitutes a scrivener"s error. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida, that the legal description of Paragraph Five of Resolution 96-305, is hereby amended, by adding the corrected legal descriptions to read as follows: NOW THEREFORE BE IT I~SOL~D BY THE BO~D OF ZONING ~P~S of Collier County, Florida, the:: The petition filed by Stanton Mobile Home Sale's Inc., representing Maria Silva, with respect to the property hereinafter desc:lbed Beginning a: the S~ corner of Sec:ion 12~ thence 0* 00' 00' E, 335.26 feet to the ~lnt In the north righ:-of-way line of Highway 41~ thence N 54* 36' 00" w 1672.10 fee= along the north line of Highway 41 to a concrete mon~ent~ thence N 0* 13' 30" E 1046.63 feet to the north line of Ks:by Lane~ thence N 89* 56' 30" N ~ 532.7~ along the north line of Kathy Lane to the true Place of Beginning of the parcel herein described~ thence continuing N 89e 56' 30" W 60.00 feet along the north line of Kathy Lane~ thence N 135.00 fee:; thence S 89e 56' 30" thence S 0' 34' W 135.00 feet to the true Place of Beginning of the parcel herein described. Being situated in Section 12, To,ship 51 South, Range 26 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, secon¢ I Words_~T.~JJLr~A~h are deleted; words '1-- vote. MAR 2 5 1997 6 ! ! 10 Il 12 13 16 19 20 21 23 26 27 ~ 1997. BO,~D OF COUNTY COHHXSSIONER$ COLLIER COUITfY, FLOR/DA ATTEST: I~IGHT E. BROCK, CLEM< BY: TIMOTHY L. It~NCOCK, APPROVED AS TO FORM ~.ND LEGAL SUFFICIENCY: ~50,1~E M. STUDENT XSSIST~T COUNTY Words struck throuah are deleted; wordm --2-- IlAR S 5 1997' EXECUTIVE SUMMARY RELATING TO PETITION NO. CU-96-1, FOR A FIRST EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE RSF-3 ZONING DISTRICT FOR PROPERTY DESCRIBED IN RESOLUTION 96-192 ADOPTED ON APRIL 9, 1996 PURSUANT TO SECTION 2.7.4 (CONDITIONAL USE PROCEDURES) OF THE LDC. This petition ~eeks to extend the date by which a conditional use was first approved for a church in ,n RSF-3 zoning district located as illustrated in the aforementioned Resolution. This is the fir~ extension request. The Collier County Land Development Code provides for a maximum of three (3) one year extensions to conditional uses. CONSIDERATIONS: The approved development order Resolution 96-192 remains consistent with all elements of the GM:I) and in particular the Future Land Use Element which provides for churches as conditional uses in all residential zoning districts. Correspondence from the owners agent advises that members oft,he church are actively pursuing the steps essential to initiating construction of the church. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: That a first extension be granted to Petition No. CU-96-] in accordance with the attached Resolution and Exhibits thereto. liAR 5 1997' CHIEF PLANNER REVIEWED BY: DONALD W. ARNOLD, AICP ~....~~ DATE P~G SERVICES DEPARTMENT DIRECTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. CU.96-1 EXTENSION EX SUMMARY/md 2 PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, SURVEYORS, LANDSCAP£ ARCHITECTS, CONSTRUCTION ]VJANAOEP. S January :31, 1997 Mr. Ron lq'mo Chief Planner Community Development and Environmental Services Division 21100 N. Horseshoe Drive Naples, FL 34104 Subject: Petition No. CU-96-1 (Ex'tension), Naples New Haitian Church ofthe Nazarene Dear Mr. Nino: Thank you for the letter reminding us that the conditional use for the subject property is near its expiration date. We do wish to request an extension ofthe conditional use. The church members have purchased the property and are in the process of completing e'cl~tectural drawings for Se new church. Additionally, the parishioners are actively ~und raising in order to proceed in a timely manner in the completion of the church building. A check for the $175.00 processing fee is enclosed. Please let me know when this item is scheduled to be heard by the commissioners and if you foresee any issues which might negatively impact its prospects for approval. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. Ba,'bara H. Cawley, A~CP Associate Government Liaison cc: Tom Peek Rev. Jean Paul 01~U~7- W4'~4ele~.m4~ %%'IL-~OX. ~,IILLER. BARTON ~, PEEK. Ixc. Ne, ~ Bailey Lane. Suite :,N~. Narle,. Florid., 341C5-SS07 · Ph 941-649-4,MO Fx 941-( I-5~R ~ 5 1~7 ~"eb Sil~: www.~dsonmdlrt.com E-mad' ~ple~wil~miller.co, ! 2 4 & '7 R~SOLUT ION 97-__ ltELATING TO PETITION NO. CU-96-1 FOR EXTENSION OF COND%TIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA I 10 Florida Statutes, has conferred on &ll CoUnties in Florida the power to !1 establish, coordinate and enforce zoning and such business regulations 12 as are necessary for the protection of the public; and 13 ~H~REA~, the County pursuant thereto has adopted a Land 14 Development Code (Ordinance No. 9~-102) which esCabl~shes !~ zoning re~ulaCions for ~he zoning of par~icula= d~v~s~ons of 16 County, ~ong which ~s ~he gran=in~ and extending ~he ~ime per~od of 17 Condi~ional Uses; and W~, on April 9, 1996, =he Board of Zoning Appeals enacted 19 Resolution No. 96-192, ar=ached hereto and ~ncorpora=ed here~n, which 20 granted a ccndi~ional use pursuan~ ~o Ordinance'~0. 91-102, as ~ended, 21 for a chu=ch, on =he below described p=operCy~ and 22 WHE~, S~sec~ion 2.7.4.5 of ~he Land ~velo~en~ Code pgov~des 23 =ha~ ~he Board of Zoning Appeals may ex=end ~he one (1} year 24 period for a condl~ional use which has no~ been co~enced~ 25 NOW, THEREFORE B~ IT ~SOL~D, b~ ~he Board of Zoning ~pea!s of 26 Collier Couz=y, Florida ~haC: 27 The wr~=~en reques~ of Barbara Cawley of Wilson, Mille=, Ba=Con 2~ and Peek, Inc., represen~ing Naples New Haitian Church of ~he Nazaarene 29 for ~be firs= of ~hree {3) peri,ted one (1) year ex=enslons, ~n ~ in=eres~ of =he following described proper~y: 31 32 34 Lot 99, Naples Grove & Truck Co., Little Farm 12, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-192, attached hereto and incorpora~ed herein as -1- A(~£NDA IT£M~ NO. ~ MAR 5 1997 Exhibit "A", and all conditions agplicsble thereto, is hereby extended for one sdditional year until Ap=il 9, 1998. BE IT FURTHER RESOLVED that this Resolution be ~ecorded in the minutes o! this Bosrd snd in the records of the Petition for which the extsnsion is gr&nted. This Resolution &dopted efter motion, second &nd mi~o~ity vote. Donl this. day of , 1997. 10 Il 12 13 16 17 18 19 21 23 2:5 26 3o ATTEST: D~IGHT E. BROCK, CLERK BOARD OF ZONING APPEAL$ COLLIER COUNTY, FLORIDA BY: APPROVED AS TO FOR~ ~tND LEGAL SUFFICIENCY: TIMOTHY L. HANCOCK, CHAI~V. AN HARJORiE M. STUDENT ASSISTANT CCL~TY ATTOR~%~Y f/CU- 96-1 Exte.-.s L on/Res RESOLUTION A RESOLUTIO~ PROVIDING FOR THE ESTABLISHHL~T OF A CHURCH, COHDITZOHAL USE 2, IN THE 'RSF-3~ ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPHENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOI~SHZP S0 SOUTH,, RANGE 25 F~ST, COLLIER COUNT¥~ FLORIDA. ~ERF~S, the I~lslature of the State of Florida ~n Chapter conferred on Collier County the paver to iltibliah, coordinate end enforce zOnin~ an~ euch business regulations ·s ·re necessary ~or the protection of ~he public~ and ~EREAS, the County pursuant thereto hms adopted a Land Development Code (Ordinance ~o. 9~0~02) vhich includes · Conprehsnsive Zoning Ordinance establishing regulations for the zoning of particular geogTaphic divisions of ~he County, a~ong vhich is the granting of Conditional Uses; and o. ICHEREAS, the Collier County Planning Co~iselon, being the duly appointed and constituted planning board for the ·re· h·raby affected, has held · public hearing after notice aa ~n said regulations nade and provided, and has considered the adv~sability o~ Conditional Uae Section~R.2.4.~. in an ~RSF-3" zone fo~ a church on the property hereinafter described, and has found as · ~atter of fact (Exhibit sA~) that satisfactory provision and arrangement have been ~ade concerning all applicable ~atters required by said regulations and in accordance with Subsection R.~.4.4 of the Land Development Code for the Colli·r County Planning Co~lssion; and I~EREkS, all interested parties have been given opportunity to be heard by this Board in a public ~eeting assembled and the Board considered all ~atters presented. NO~, THEREFC~E B£ IT RESOLVED, BY THE BOARD OF ZONi~ ~PPEALS of 'Coll~er County, Florida that~ The petition, filed bY Barbara H. CaWley, ~ICP, DE ~llaon, H~ller, · Barton & Peek, Inc., representing the Naples New Haitian Church o~ the Hazarene vl~h respect to the property hs~einafter'descr~bed ~ot 99, Naples Grove & Truck Co., Little Far~ 12, es recorded in Plat Book 1,~Pege 27, of the Public Records of Collier Countye Florida. be and the same is hereby approved for Conditional Use 2 of Section' 2.2.4.3 of the "RSF-3~ zoning district for a church in accordance vlth the Conceptual Haster P~an (Exhibit ~S~) end sub~ect to the follovtng conditions: 1. Arterial 1&vel street lighting shall be provided at both access points prior to the issuance of any Certificates of Occupancy. The church shall be responsible for ]~oth northbound end southbound turn lanes from Beyshore Drive into the propert~ when requested by Collier County~ The northbound right turn lane may, hoverer, be deferred until further site-specific traffic analysis indicates the need for the turn lane is present. 3. The southbound left turn lane should be a re~uirement of the buildout development. If further traffic analysis indicates the need for the left turn lane before the second phase of development, the lecond phase should be dependent upon the turn lane being in place prior to the issuance ol building permits for the lecond phase. the turn lane is not required until bulldout, it shall be required to be in place privr to the issuance of any Certificate of Occupancy for-the second phase. 4. The applicant shall confirm a positive drainage out/ell, and the adequacy thereoft for'purposes of pro~ect bulldout. Should the drainage outfall require capacity improvements, the benefiting parties shall incur a fair share cost of such improvements. 5. Environmental permitting shall be in accordance Pith the State of Florida Environmental Resource Permit rules and be subject to reviev and approval by Current Planning Environmental Reviev Staff. Removal of exotics shall not be required east of Constitution Drive unless required in the vetlands in accordance vlth SF~D permit. 6. Environmental permitting shall be in accordance Pith the State of Florida Environmental Resource Permit Rules and be subject to rapier and approval by Current Planning Environmental Reviev Staff. Removal oi exotic vegetation shall be in accordance Pith the Collier County T. and Development Code. ?. Prior to Final Site Development Plan approval the Petitioner shall submit a ~anagement plan pursuant to Collier County Land Development Code, Section 8. All conservation areas shall be recorded on the plat vith protective covenants per or similar to Section ?04.0t of the Florida Statues. Conservation areas shall be dedicated on the plat to the pro~ect~s ovner entity for ovnerihip and ~aintenance responsibilities and to Collier County Pith no responsibility for ~aintenance. . -. ~ · ' .... '" .... 9. Buffer sones will be placed around witla~d~'ln'" ' ~... accordance with So~th Florida WAter Nanagement District 10. Prior to final Site Developmant Plan approval the petitioner,shall supply a letter from U.S. Fish and Wildlife Services (USF~S), indicating that the bald eagle nest which was locatad to the west of the proparty is no longer being used. 11. The petitioner shall supply an appropriate wildlife habitat management plan as required by the U.S. Fish and Wildlife Service (USF~S) and Florida Game and Fresh Water Flsh~¢o=lssion (rGF~FC) in relation to the bald eagle nest, located to the vest of the property, prior to an approval et any final development order. 11. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/coKstruction plan approval. The exotic removal plan may be phased as approved by Current Planning Environmental Staff. 13. Site lighting shall be directed to surface areas to be illuminated in such a manner as not to cause a glare to, adjacent property owners. 14.Security lighting shall be provided on all parking areas and l~ed~ate environs of the building. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Co~lssioner ~&c'Kie offered the foregoing Resolution and moved for its adoption, seconded by cotmiesioner Cons~an=ine and upon roll call, the vote was: AYES: Commissioner Nac~Kle,. Commissioner Cona~antine~ Co=aistioner Ha Commtss£oner ~a~the~s and Commissioner ~ocris NAYS~ ABSENT AND NOT ¥OTING= ABSTENTION= Done this 9~h day of _April .., 1996. BOARD OF, ZONING APPEA~S · ~.'. ~ - '~..-:.... · . ."~..,,' ...... ,.,,..?,: ,,. .. .. ,., e~ .'~s~'.~,,,;. -. ;~' ..,'~,,';,..:.'..:.;:-..~ % ~. :.../~ ..~. :~.~.:....~..f, '. i . ' .;-..'.;~.'" , .A~VEi~"ZS'[~O.'~..O!~ .,~O ...~,., ff',,,,,,, ...... -~. itAPmOP~IE M. STUOEI~ ~.:a :iE~~ 'ASSISTART COUNTY ATTORNEY · ' CU-96-1~ RESOLUTXON/16482 ,?"..' -> .-". -t_;,.. , ...... ;;~.. ~...~-~ : .... .~..,... ~ "..':..'.' .~,'.'4 .._..... :. ;..'.:.-~ . . . .. . . - ..... · ~. ~ ..... : COLLIER COUNTYt FLORIDA -3- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-1 The following facts are found: 1. Section 2.2.4.3.2 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses i~ the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P~ Yes No -- B. Ingress and egress to property and proposed structures thereon with particula~ reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~// No C. Affects neighboring properties in relation to nois~ glare, economic or odor effects: u/ No affect or Affect mitigated by Affect canno~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within~is~rict Yes _~/No , Based on the above findings, this co--hal use should, with stipulations, (copy attached) ~_hout~not) be recommended f~r approval <~ ~v ~f~.._- ~ FINDING OF FACT CHAIRMAN/ oo EXHIBIT MAR 5 1997 lilil !. II ~.~~TION TO ~It~l~T FIN~,L ~CCEPT~NCE OF THE RO~tDW'AY~ WATB~. 2t.~D fJL'II~R ZI4~ROVE~IEI~B FOR THB FINAL PLAT OF "BHERWOOD To grant final acceptance of "Sherwood Park" CONSZDE~ATZONZ 1. On July 13, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in ,'Sherwood Park". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development SerVices has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorneyts Office. A copy of the document is attached. FXBC~L XMPACTI The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. qRONTH NAN'AGEMBNT IMP~CTI None Executive Summary Sherwood Park Page 2 That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Sherwood Park" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Engineering Review Date oma E. Kuck; P.E. Engineering Review Manager Plann~g Vincent ~. Ca~o, Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Dat~ ' Date Jl~l=ew MAR 2 5 1997 · P~.~ .-SHEET ' 1 OF :3' '" Z U) [RKS~-iIRE HERON. '.LAKE. '~:../i'VT~/~S.~.~..' GREEN HERON O0 ROAD (C.R. 856 CAU ' INDU ~ --RK~HIRE LAKES TWELVE LAKES LOCATION" N.T.S. .MAP I 2 4 6 '7 10 12 13 14 15 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3~ 3& 37 38 39 4O 41 42 43 44 45 4~ 47 48 49 $0 5! 52 ~4 ~8 59 RESOLUTION NO. 97-~ RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE. WATER AND SEWER ~,~ROVEMENTS IN *'SHERWOOD PARK". RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE ~ANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE. WATER AND SEWER D, fPROVEML~f'S THAT ~ NOT REQUTRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. V~P~EAS, the Board of County Commissioners of Collier County, Florida, on August 2S, !~5 approv~ the plat of She~'~ Pu~ for r~rdin~ ~ ~AS, the d~elo~r has constm~ ~ ~m~ t~ r~y, d~e. ~t~ ~ ~er improv~ts in accord~ce ~th ~he appr~ p~s ~d s~ifiotions ~ u r~ulr~ by the ~d Development C~e (Collier C~n~ ~di~ce No. 91-102, as ~d~); ~ the U~ilhies St~dards and Pr~edures Ordin~ce (Collier Coun~ Ordi~nce No. ~8-76, as ameed~). and ~AS, the develo~ has now reques~ fi~l accurate of the road~y, drainage. water ~d ~wer improvements ~d relea~ offs ma~nte~nce ~ty; ~ ~AS, the Compli~ce SedUces S~ion oft~ D~elopment S~c~ ~a~ment has inspe~ed the roadway, dralna~e, water and ~'~ improv~ents and is r~ommmd~ng acceptance of ~id facilities. NOW, T~FO~, BE IT ~SOL~D BY ~ BO~ OF'CO~ CO~gSSlO~S OF COLLAR CO~Y, ~O~D& lh~t ~al acc~tance ~ ~ant~ for ~hose roadway, drdnage, water and sewer improvemenU in Sh~'~ P~rk, and ~tho~ze the Clerk to rel~se the malnten~nce se~ty. BE IT ~R ~SOL~D ~%~ O~D t~t the County acc~t the ~ture maintenance and other attendanl costs for the roadway, drai~e, water ~nd ~wer improvements tha~ ue not required to be ~imained by the homeo~s as~afion. This Resolution adopted ~er motio~ ~cond ~nd ~jo~ty vote favo~ng ume. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOAKD OF COUNTY COMmiSSIONERS COLLIER COUNTY, FLORIDA By:. TLMOTHY L. HANCOCK, CHArI~.~,tA.N Approved is to form ~nd lel~l suf6ciency: Assistant Collier County Attorney O B,BCOMMEHI~TZOIf TO APPROVB FOR REC.~ORE)ZH43 'Z'HB FZH]LT,, PLA~ OF HIR'TTZ, GB 4307,1' i COUZrTRY CLUB IzKASE TWO-Afl To approve for recording the final plat of "Naples Heritage Golf & Country Club Phase Two-A", a subdivision of lands located in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Heritage Golf & Country Club Phase Two-A". 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 improvem~nts 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-A" be approved for recording. The fiscal impact to the County is none. The project cost is $853,766.37 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $433,540.00 - $420,226.37 The Security amount, equal to 110% of the project cost, is $939,143.01 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 Fees are based on a construction estim~ $853,766.37 and were paid in October, 1996. MAR Z 5 199ir · P{. ~ Executive Summary Naples Heritage Golf & Country Club Phase Two-A Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac- $ 630.20 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $2,176.70 Drainage, Paving, Grading (.425% const.) - $1,785.96 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $6,503.11 Drainage, Paving, Grading (1.275% const, est.) - $5,357.89 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. That the Board of County Commissioners approve the Final Plat of -Naples Heritage Golf & Country Club Phase Two-A" with the following stipulations: 1. Accept the Construction and Maintenance Agreement for Community Development Districts as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of -Naples Heritage Golf & Country Club Phase Two-A." 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. HouldSworth, senxor Engxneer Engineering Review Date Engineering Review Manager V--~e~-~ .A Cautero, A~mxnxstrator Communitv Development a Environmental Services bate Date bate MAR 2 5 1997' SS 2 I ~ u~T4 ~ WET 2 UWT 3 ~MT M I I; -2 GOLDEN GATE gOLdEN GATE 12 ,AL EST~ WET 1S ? LE~ · II 10 1997 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COKMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this 'Agreement") is entered into this day of __, 19__ by and among NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district and body politic of the State of Florida (the "District'), U.S. HOME CORPORATION, a Delaware corporation (the Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the 'Board"). RECITALS= A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivis$on to be known as Naples Heritage Golf & Country Club, Phase Two-A (the "Plat"). B. Division 3.2 of the Collier County Land Development Code (the 'Code") requires the District and the Devel?per 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 ~anagement facilities and water and sewer utility facilities shown on the construction plans for Naples Heritage, Phase Two-A, except those improvements within the golf course (collectively, the -Required Improvements"). Subject to Paragraph 3 hereof, the Required.Improvements will be constructed within thirty-six (36) months from the Board approves the Plat. 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: $853,766.37 for costs of the Required Improvements (the "Construction Amount") and $85,400.00 representing ten percent (10%) of the Construction Amount (the "Reserve Amount"). The Rese~;e Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof. In addition t'o the foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized interest which shall be sufficient to bay interest on the Bonds during the seventeen (17) month perio6 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 written construction approval to the District from the Devel¢.Dment Services -2- MAR 2 5 1991 ~ ~-~,, 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 Improvements prior to the expiration of the Construction Period, upon written notice to Developer by the Board, Degeloper 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. Development Services Director's Preliminary 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 Required Improvements; or (b) notify the District or Developer, in writing, of his refusal to preliminarily approve the Required Improvements, therewith specifying those conditions that the District or Developer must fulfill in order to -3- 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 constructed 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 =qual 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 Reserve 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 District those deficiencies that must be corrected in order to bring the Required Improvements into compliance with the Code. The District shall applythe Reserve Amount to payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, the -4- MAR 2 5 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: (1) 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"); (2) 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 the Reserve Amount is based upon the District -5- Engineer's MAR Z 5 1997 estimation of construction costs which is attached hereto and incorporated heretn~ 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 (b) 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 t~e 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. A.ny 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. Ail of the terms, covenants and conditions herein contained are, and shall be, binding upon the respective successors and assigns of th~ 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- 1997 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: Gary L. Moyer, District Manager 10300 N.W. 11th Manor Coral Springs, Florida 33071 To the Developer: Peter R. Comeau U.S. Rome Corporation 8670 Davis Bouleavard Naples, Florida 33962 To the Board: With a Copy to: To the Trustee: 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 THE PRESENCE OF: District Secretary Witness be executed by their duly authorized day of __, 1997. DI STRICT t NAPLES ~TAGE 99MMUNITY Peter R. Comeau, Chai~an DEVELOP~ By: Pater R. Comeau, Vice President Land Development Division -7- MAR 2 5 1997 lb__ ATTEST: DWIGHT E. BROCK, Clerk BOARD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form Sufficiency. ~~Vid- C. Weigel Collier County Attorney Acknowledged and assented to: By: Timothy b. Hancock, Chairman FIP~STUNIONN~TIONAL BANK OF FI&)RIDA as Trustee under the within-mentioned Bond Resolution By :~ ' OF -8- MAR ~ 5 1997 EXECUTIVE SUMMARY WATER AND SEWER FACILITIES A~CEPTANCE FOR PELICAN MARSH, UNIT ELEVEN, PHASE 2 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Pelican Marsh, Unit Eleven, Phase 2 and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Pelican Marsh, Unit Eleven, Phase 2 has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities Improvement acceptance. is covered uhder the Subdivision FI___~CAL IMPA~T: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Pelican Marsh, Unit Eleven, Phase 2 Page Two GROWT~ MANAGEMENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present RECO~$4ENDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Pelican Marsh, Unit Eleven, Phase 2, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: l) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; 2) Bacteriological testing has met the County's requirements, and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a .letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment for water usage from Utilities for bacteriological testing PREPARED BY: Shirley Kix, ~fgineering Technician II REVIEWED BY: ~homas'E.'Kuck, P.E. Engineering Review Services Manager Date MAR 2 5 1997 Executive Summary Pelican Marsh, Unit Eleven, Phase 2 Page Three Donald W. Arnold, AICP --- Pl~/g .Service De~tment Director ~ ~ Cautero, ~----'~'~-~tra--~-~ CCI4MUNITY D~~ ~ E~IRO~NTA SERVICES attachments Date MAR S 5 1997 Pd DC, E VICTOPdA · PAP. K 'N O ,~T £ P~Ey LOCkTION ~ MAR S 5 1997 ___0THIS ASSIGNMENT AGREEMENT made and entered into this day of ~, 1997, by and between the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non- exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and' is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other, good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made'a part hereof as Exhibit "A". Assignee hereby accepts said assignment. MAP, 2, 5 1991 2) ~. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) ' . No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) ~X~. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH CO,UNITY DEVELOPMENT DISTRICT John A. Pistor /It~ Chairman The foregoing Assignment Agreement was sworn to and subscribed before me by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District who is personally known to me. WITNZSS my hand and official seal this'~mday , 1997. 4 Print Name :~0 ~,~W My Commission ~-xpires." 2 MAR S 5 1997 ASSIGNEE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVEP~;ING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWERDISTRICT Approved as to from and l~suffi~iency ~ Assistant County Attorney BY: Chairman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County . aforesaid to take acknowledgments, personally appearedTl~NA~~, well known to me to be the Chairman of the Board of Coun~ Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex- Officio the Governing Board of The Collier'County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this __ day of , 1997. (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo: ~.A~ 801 Laurel Oak Drive, Suite 640 NapI~s, Florida 34108 (941) 566-3131 Notary Public Print Name: My Commission Expires: 3 MAR 5 1997' r.~CUTIV~ S UI~,~RY WATER FAC'rL'rTIE$ ACC~PT~CE FOR ~~ B~ND AT STOI~EBRID~, T~T ~ OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Willow Bend at Stonebridge, Tract A and authorize the recordation of the appropriate legal documents. COHBXDERATIONS: 1) The Developer of Willow Bend at Stonebridge, Tract A, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $2,310.00 has been accepted as surety. FISCAL IMPA~T: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. ~OWTH~MENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. MAR ,e 1997' Executive Summary Willow Bend at Stonebridge, Tract A Page Two RE__~NDATION= That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Willow Bend at Stonebridge, Tract A, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for the cash bond in the amount of $2,310.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shaX1 be issued until the following items have been furnished. 3) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the Countyts requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of payment bacteriological testing of water usage from Utilities for 7) Testing and certification of backflow prevention assembly device PREPARED BY: /~eering Technician II Engineer~l'ng Review Services Date REVIEWED BY: Thom~ Engineering Review Services Manager NO. ~ MAR 5 1997 Executive Summary #illow Bend at Stonebridge, Tract A Page Three Donald #. Arnold, AICP C~ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments Date MAR S 5 1997' PROJECT ]N LOCATION MAP MAR 2 5 1997' County of Collier BOARD OF COUNTY COMMISSIONERS RECEIPT~ PAYOR: REF~ OFFICIAL RECEIPT UGLII) I~: )726V9 01/31/97 When Validated DEPUTY CLERK 1 3 7 3 2 E~ 9 DE$CR,PT.[DH . AMOUNT DUE ............. ][. ~r.l~...~00 .......... TAYLOR WOOOROW COMMUNZTIES OEPOSITS o COMMUNITY DEVELOP 2310.00 WILLOW BEND AT STONEBRIOG[ 000367239 SN (JEPT: DSC: PROJECT REVIEW SERVICES TOTAL DUE: 25io.oo~ ,~X~CUT IVE SUI~,~Y ACCEPTANCE OF UTILITY F2%SEM~NT FOR EXISTING UTILITIES FOR VILLAS OF CAPRI OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the new utility easement for existing water facilities to serve Villas of Capri and authorize the recordation of the appropriate legal documents. COnSIDERATIOnS= 1} The Developer of Villas of Capri, has constructed utilities within the easement for water facilities to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the utility easement for the existing water facilities in accordance with County Ordinance 78-10. 3) The water facilities have been acceptance by the Board, and are operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. FISCAL IMPACT: The utilities within thc. easement were constructed without cost to the Collier County Watez-Sewer District. __Gi~ ~NT IMPACT: This project will not create a new impact, as it has been planned for within facilities available at present. P~CC~NDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the utility easement for the existing water facilities for Villas of Capri. MAR 5 Executive Summary Villas of Capri Page Two PREPARED BY:  ing Technician II trices Thoma~ E. Kuck, P.E. Entering ReView S~rv Pl,~ann/~g~Se~vicesD/~artment Director COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments Date Date Date ~IAR 2 5 1997 I I~t~C,M'£ L~KCS $ H~qc# C~UNn~T MAR 2 5 1997 This Instrument Was Prepared By, Record and Return To: ~ Brian J. McDonough, Esq. ~ Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. ~ 1S0 West Flagler St., Suite 2200 ~ (RESERVED) UTILITY EASEMENT THIS EASEMENT granted this ~ day of ~/~F~~, 1996, by EASTRIDGE PARTNERS, LTD., a Florida limited partnership (hereinafter referred to as "Grantor.), whose pest office address is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145, Attention: Mr. Francisco Rojo, to ~he BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE ~OVERNING BODY OF COLLIER COUNTY ANDAS EX-OFFICIOTHEGOVERNING BOARD OFT HE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinaftel, referred to as "Grantee.), whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESS ET~ That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, on the following described lands being located in Collier County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. L II .R 2 5 1567 ,t IN WITNESS WHEREOF,. the Grantor has caused these presents to be executed the date and year first above written. Witnesses: Print Name STATE OF FLORIDA ) ) SS: COUNTY OF DADE EASTRID~E PARTNERS, LTD., a Florida limited partnership By: Related Capri Housing, Inc., a Florida corporation, its sole general partner By: President The foregoiDg instrument was acknowledged before me this//~ day of ~~-~z- , 1996, by Francisco RoJo, as Vice President of Related Capri Housing, Inc., a Florida corporation, the sole general partner of Eastridge Partners, Ltd., a. Florida limited partnership, on behalf of the corporation and as an act of the partnership. Personally Known / OR Produced Identification Type of Identification Produced Prin~ or Stamp Na~ Notary Public, State of Florida at Large Commission No.: My Commission Ex-ir2-. OF~NO~A~¥~u%~ ! / ~~m.~ I G, %#-IJM%303G4 \340\T.J~.UT 1997 EXHIBIT "A" Legal Description Villas of Capri Apartments 1 $ FOOT WH3E COLLieR COUNTY UTILITY EASElV~NT A portion of land fifteen feet wide more particularly described by the following centerllne, lying in Section 4, Township 50 South, Range 26 East, Collier County, Florida: Commence at the southeasterly comer of Tract "A", Plantation, as recorded in Plat Book i 5, Pages 80 through 82, inclusiv, e of the Public Records of Collier County, :Florida, and. run N78°5 I'0$"W for 20.00 feet; thence run SI 1°08'56"W for l 1.00 feet to the Point of Be. ginning; Thence run N'/8°51'05"W for 35.00 feet to a point herinafter referenced as Point "A"; thence run S 11~08'56"W for 49.00 feet to a Point of Termination; thence return to the aforementioned Point "A", and run N78°51'05"W for 17.56 feet to a Point of Termination, containing 0.03 acres, more or less, subject to easements, restrictions and reservations of record. Prepared By: /William C. McAnly~ / Florida Registration No. 1543 McA. nly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 MAR 2 5 1997 TRACT "B", PLANTATION, P.B. 15, PACES 80-82 TARA COURT, PLANTATI¢ P.B. 1.5, PACES 80-82 TRACT "F", PLANTATION. P.8. 15, PAGES 80-82 P.O.C. $OUTH£ASI~RLY CORNER OF TRACT A". PLANTATION. P.B.'15. PAGES 80-82 P.O.B. POINT 30 [ LINE t ~ DISTANCEtL2L1 N__7_8~~~ ~11 ."~".".".".".".~ GRAPHIC SCALE 0 15 30 60 linch · 30 fL P.O.T. TRACT "8", PLANTATION UNIT TWO, P.B. 17, PAGES 9.5-97 C.U.E. COLLIER COUNTY UTILITY EASEMENT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF' TERMINATION P.B. PLAT BOOK McANLY ENGINEERING AND DESIGN, ~C, JOINDER BY MORTGAGEE The undersigned FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., a Co- Mortgagee, under that certain mortgage from EASTRID~E PARTNERS, LTD., a Florida limited parCnership, dated as of August 1, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 173, as assigned by assignment recorded in Official Records Book 2225, Page 208, both of the Public Records of Collier County, Florida, in the original amount of $9,800,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this .l~"day of January, 1997. WITNESSES: Name: ~7. STATE OF G~O[~-.7~ ) COUNTY OF ~ ) FEDERAL NATIONAL MORTGAGE ASSOCIATION ,~ .: BEFORE ME, the undersigned authority, this day appeared ~ ~ ~. known b~ me to be the of Federal National Mortgage Association, a corporation organize and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., and he/she acknowledged and before me that he/she executed the 'said instrument, acting in his/her said official capacity, for and as to the act and deed of said Association, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. my hand and offiC~eal in th%'-County and State a~0~.e.,aid, o~ =ni~, tn,...~ay o~ ~a~ ~e7.~ ( _ _ ." · ". ' , Pri~ ~ame My Commission Expires: MAR g 5 1997 JOINDER BY MORTGAGEE The undersigned FIRST UNION NATIONAL BANK OF FLORIDA, Mortgagee, under that certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited partnership, dated as of August 1, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 220, of the Public Records of Collier County, Florida, in the original amount of $9,882,443.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. _ IN WITNESS WHEREOF, these presents have been executed this '~_~. day -~y,/Y~7. WITNESSES: Print Name'~/~~~ Print Name:_~_~~~ FIRST UNION NATIONAL BANK OF FLORIDA STATE OF FLORIDA ) COUNTY OF DADE ) BEFORE ME, the undersigned authority, this day appeared __~r__ ~ known by me to be theh~e/she acknowledged to of First Union National Bank of Florida, and and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said Bank, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official seal in the County and State aforesaid, on this, the~____~ day of Geeembe ,zb--t~96. Notary Public State of/Florida ~ ...~......~. OFFICIAL SEAL Print' t~a'm~ ~, c. ~.^u.~ ,.,,,_,~.~. · '~ ' ~ M n Expires _. G: \#- BJM\30314 \36 O\JOIKDEP.. FU JOINDER BY MORTGAGEE The undersigned FLORIDA HOUSIN~ FINANCE AGENCY, an agency and instrumentality of the State of Florida, Mortgagee, under that certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited partnership, dated August 29, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 274, of the Public Records of Collier County, Florida, in the original amount of $2,585,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. , IN WITNESS WHEREOF, these presents have been executed this~ay of January, 1997. WITNESSES ~7rirf[ N~e Print STATE OF FLORIDA ) FLORIDA HOUSING FINANCE AGENCY BY:~~igh Title: Exec~U Director, COUNTY OF LEON ) BEFORE ME, the undersigned authority, this day appeared Susan J. Leigh, known by me to be the Executive Director of FLORIDA HOUSING FINANCE AGENCY, an agency and instrumentality of the State of Florida, and she acknowledged to and before me that she executed the said instrument, acting in her said official capacity, for and as to the act and deed of said Agency, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and o,~ficial seal in the County and State aforesaid, on this, the,~:lday of January, ~997. ~ ~...5~,~,,~.. ~ /,'8;a~ Public S~at{' of Florida ~.% ~4 /$~ ~ Prin~ Name / I__ ~,-~~ M Co~ission E ires: · b q / / c/8 ",,,7~i~"~'~,,~*,, ~._. ~. ~ ~ 0 .' \,,,'- ]IJM\)O); 4 \? ~. O\JOIh'DrR . FHF ~AR 2 5 1997 JOINDER BY MORTGAGEE The undersigned UNITED STATES TRUST COMPANY OF ~ YORK, AS TRUSTEE, a Co-Mortgagee, under that certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited partnership, dated as of August 1, 1996, recorded on September 5, 1996, in Official Records Book 2225, Page 173, as assigned by assignment recorded in Official Records Book 2225, Page 208, both of the Public Records of Collier County, Florida, in the original amount of $9,800,000.00 covering all/or a portion of the property described in the foregoing Easement, does hereby acknowledge that the terms of said Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREO~, these presents have been executed this ~ day offs, . 1996.7 UNITED STATES TRUST COMPANY OF NEW YORK, AS TRUSTEE, By: ' Title: ~"]'EV~VA~ARE~O ~ ,I , V~E PRES;DENT STATE OF ~ ) cOUNTY OF ~ORE ~, the u~dersigned authority, this day 9ppeare,d -~~% known by me to be the ' 3~..- .>.~.- · _ of UNITED STATES T--~T COMPANY OF NEW YORK, AS TRUSTEE, and he/she -- acknowledged to and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said Trustee, and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and efficial seal in the County and State aforesaid, on this, the ~L___W day of ~199~. '3"~""""7.., "~ Notary Public State of ~ G: \W-BJM\30364 %360\JOINO~..US P--~nt Name My Commission Expires: Notary Public. State of New No. 01GR5012466 Qualified tn New York Cour~y MAR ~ 5 ~7 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE FORMAL BID PROCESS AND APPROVE THE ECONOMIC DEVELOPMENT COUI~CIL'S MARKETING MATERIALS PRINTING PRICE QUOTES ON VARIOUS PRI~I~D MATERIALS. To obtain approval from the Board of County Commissioners to waive the fmmal bid process and ~ove the printing contract for the Economic Development Council's marketing nmerials for fiscal year 1996-1997. CONSIDERATIONS: In order to implement thc Economic Diversity Program collateral marketing materials were developed by the Economic Development Council of Collier County. The Economic Development Council ~cured three written quotes on each printed material and want~ to award the printing contract to the lowest local printer. Even though each brochure wa~ under the $15,000 limit for requiring formal bid procedures the cumulative printed material bill is $32,065. Because of time constraints staff recommends thc waiver of the formal bid procesa and th~ acceptance of the three written quotes for each of the printed marketing materials. The printing will take approximately throe weeks and thc distribution will begin immediately after that. FISCAL IMPACT: Housing and Urban Improvement Economic Development Fund 001-138710: Quality of Life Brochure and Disc Holder Business Assistance Guide Demographic Profile and Financial Reference Guide Industrial Park Guide Press Printin_e ~ ~ $ 9,686 $13,860 $9,446 5,610 7,920 5,699 12,995 13,020 12,932 $32,080 $40,380 $32,065 Executive Summary Economic Development Council Page Two GROWTH MANAGEMENT IMPACT: Thct~ ia no Economic Development Element within the Growth Management Plan. RECOMMRNDATION: Tha~ thc Boant of County Commi~ionera waive the formal bid proce~ and q~:n, ove a ptinfi~ contract with Prc~ Printing, Naple~, Florida, in the amount of $32,0~$ for printing economic dovelopment marketing materials for fiscal year 1996/1997. O jd PREP~ BY: REVIEWED BY: Steve C~ncll, Pur~u~sing Dir~tor Date APP~¥ED BY: , Vincent A. Cautero, Administrator Community Dev. And Environmental Svcs. jd/cYedc printing Date MAR 5 1997' oo · MAR ~ 5 1997 · PI.., ~ 94126.36822, E~IC ~ CC 52'? 1:)81 FEB 1{3 '9'? 2{}; 15 Memo 9,4,1-263-8989 Fmc 941-263-6021 John FNx~ua~ 11.1907 2. I MAR g 5 lgg7 i Tammie McElroy Economic Development Council of Collier County, Inc. 3200 Bailey Lane Suite 162 Naples, FL 34105 . Dear Tammiez a I am writing you this letter to con%ince you that Preestige Printing is the perfect candidate to be printing your.prestigious color packa~ for the EDC illustating everything from quality of life to Collier County's demo- graphics and lifestyle. As a supporter of the BDO and a thriving business in Collier County, Presstige Printing is dedicated to producing the highest quality piece for maximum impac.t. My enclosed equipment list should.speak highly for itself. We are proud to have the most 'advance electronic prepress capabilities on the m~rket today. Our new six color, 40" (paper size) printing press is the largest sheet fed press within 100 miles,'and we Just added two more people in our bindery operations. In the last year, Presstige Printing has invested well over $1,000,000.00 in new and updated equipment, more Jobs for local families, and in service to our customers. Although our facility and 9quipment'are s~cond to none, what makes Presstige Printing stand out higher among itt.competition is it's people. We have an outstanding quality control team, led by Linde Forester. Presstigets Production Manager, Don Ryerson is a master pressman and the ideal supervisor. Our pressman are the best in the business...Bob Morris, Larry Thomas, Tom Smith, Neil Walters, Kevin Fenderson. Our prepress, dePartment is well versed in all the latest in electronic prepress developments, led by Dan MacAlister and Jesse Hinson. Presstige's .team of graphic artists include Teresa Brooks, Colleen Minto, Mona Johns,. and AleSia Palmer who. are all creative professionals. Our film and plate handlers are venerable experts in the dark room, A1 Summers, Jo6 Sola, and Cindy Farnsworth. Our bindery personnel take pride in the quality of their work...and our delivery people make =ufa the Job gets to.you on time. On top of all this, Bob Weidenmiller, president.of Presstige Printing, maintains a high level of leadership, ~uality, ethics, and prin~ipals which reflect the true"mission of the ED(:. Pres~tige Printing is the only printer suitable to print project of this magnatude. You can depend on us! MAR 2 5 1997' Electronic Prepress Equipment IJsL.. Computer Hardware 1 - Dual Pentium 166 Server w/Color Central OF'l-Print Sen/er (CD Rom) 2 - Pentium 75 PC Desktop/Dasign/lllustration Stations (44/88/200 Syquest/CD Rom) 1 - Pentium 166 Imposition/Trapping Station (44/88 SyQuest, ZIP 100, CD P4x~) 1 - Power MAC 8100/80 w/32 Mb RAM Desktop/ Design Station (44/88/2CX) SyQuest,CDRom) I - MAC Quadra 950 w/139 Mb RAM Des~of:V Oe~grVrra~nCScann~ station (44/ca SyQuest, CC)Rom) 1 - Power MAC 8100/100 w/139 Mb RAM Syquest, 6,5O M.O., CO Rom) 1 - PowerTower 166 w/144 Mb RAM Imaging station (44/88/200 Syquest, ZIP 100, CD Rom) TI Microlaser PowerPro/OkiData · 600 dpi Laser Printers Unotrordc L300/RIP 30 Imagesetter Agfa SelectSet 5000/Star 400 RIP Drum Imagesetter (15.5' x 22' max, film size) Agfa Select,Set 7000/Taipan RIP Drum Imagesetter (25.5' x 22' max, film size) 3M Rainbow Dye-Sublimation Proofing System (12' x 18' print size), Microtek E3 - CCD Flatbed Scanner (8.5' x 14' Reflective Input) SCREEN DTS- 1030 Al - PMT Drum Scanner (10' x 12' Reflective/Transparent Input) Program Support - PC Ptatform ~1nclows) ,a, dobeePageMakme, AdobeePhotoShop% Adobe· laustrator~,Tra,oWlse~;, Quau'keXPressTM, CorelOq, aw,· Press/Bin'dery Equipment UsL.. Pre$~ Komod Uthrone 640 Six-color -- Maximum sheet size: 28' x 40', Maximum image area: 27.75' x 39.875' Komori Lilhrone 426 Four-color -- Maximum sheet size: 20' x 26', Maximum image area: 18.75' x 25.875' Heidelberg KORS Singl~color -- .Maximum · sheet size: 20.5 x 28.375, Ma:d- mum image area: 20' x 28' Heidelberg GTOZP Two-color -- Maximum sheet size: I 3.75' x 20.25', Maxi- mum image area: 1 3.375' x 19.75' A.B. Dick 9810 Two-color -- Maximum sheet size: 11' x 17' Bindery and Finishing MBO B23 - 23' x 44' Buckle Folder with score, slit, perforate, and two right angles 30.5' Chaflenge Programmable Paper Cutter 45.5' Challenge Computerized Paper Cutter 3- Head Challenge Paper Drill Single Head Bostich Side/Saddle Stitcher The physical plant includes 10,000 square feet of total area. 4,~51 Arm,,hi Avl'hue ,, Napl~. Fl, .'14104 "lt-lcphmt~,: 94 I/ti43,.,"13ll4 · FAX 11.4 IA14:l-.~dl 15 MAR 5 1997 Presstige Printing, Inc. 4551 Arnold Avenue Naples, FL 34104 941-643-33B4 - Fax 941-643-5015 DATE: 01-30-1997 Estimate: 25998 Economic Development Council 3200 Bailey Lane Suits 162 Naples. FL 34105 Attention: Tammy We are pleased to submit our ESTIMATE for the following printing Sob: Oescription : QUALITY OF LIFE 800KLET Size/Pages : 9 X 12 · 8 PAGES + POCKET COVER Oesktop Publ : Proofs : DYLUX · MATC~PRINT B/W Halftones: Duotone/Tints: Color Saps Paper One Paper T~o a~er Three nks leeds Fold/Bind Ship Via 100# GLOSS COVER 80# GLOSS TEXT 4 COLOR z 2 SIDES COVER ONLY DIE-CUT, FOLD + GLUE 1-4" PKT NITH .75" GUSSET + OUR TRUCK SADDLE STCH IMAGE READY DISK PROVIDED Quantity 3000 4000 5000 6000 Total $$ Per /M 5287.00 1762.33 6062.00 ISIS.SO 6828.00 1365.60 7639.00 1273.17 This estimate is based on current rates and costs and is sub~ect to review in 30 days. Thank you for this op~ortunity - we hope to be of service to yo Sincerely, Randy Bailey Accepted by: BAR Y, 5 1997 JP~ ~ 'gT 17:5& PRESSTI~ PRI~TI~ ~41-~4~-5~15 p.~/~ Naples, FL 34104 941-643-~384 - Fax 941-&43-5015 DATE: 01-29-1997 Economic Development Counoi! 4501Tamlami Tr. N. ~106 26050 Attention: Tammy We are pleased to submit our ESTIMATE for the foi2owing printing Sob: DeacrlDtion : DISKETTE N~LLET 8ize/Pagea : 11.875 X 9 FLAT DesktoD Publ : Proof~ : DYLUX - MATCHPRINT 8/W Halftones: Ouotone/Tintat Color Paper One : 100# GLOSS COVER Paper Two : Paper Three : Inke : 4 COLOR · 2 8IDES Bleeda : Fold~Bind : S~ORE. FOLD + GLUE ONE FL~P 8hip Via : OUR TRUCK IMAGE READY DISK PROVIDED Ouantity Total $$ Per /M · 000 1167.00 3000 1~49.00 449.&7 4000 5000 1672.00 334,40 6000 1807.00 301.17 in aO daya. Thank you ~or this opportunity - we hope to t:~ of service to you. Sincerely, Accepted by: ~Alxlr THo Paper [hr~e Inks Fntd/~ind 80i f, IATA[X GLOSS TEXT : 4 COLOR · 2s~o~s COVER ONLY : DEE-CUT. FOLD + GLUE 1-4' PKT ~ITH .75' GUSSET + SP, OOLE STCH MAR 2 5 1997 rr~td/n~n~ 1008 MATRIX GLOaS COVE~ 4 COLOR ~ 2 ~DE8 , SCORE, FOLD * GLU£ OflE FL~P .............. SunL~ ~1 -" ~,oo MAR ~ 5 1997 Press Pdnting ,tO011 HATRIX GLOSr, C~VliR ilO# HATR][X GL, O..9,~ TC>:T 4 COLOi~ · 2 ~ZD~.EI COVER ONLY O[£-CUT, FOLO + GLUE t-4" PKT N~:'I'H ,'rS" GUSS£T + ~,ADDLE STCN NO. ~ MAR 2 5 1997 DZ5KETTE WALLET l.t.U'l.~ )~ 9 FI. Al RRTNt~L3te · I~YI.U>( ~ H~YCHPRZNT 1~0# ~TR~X GLOSS COVER ........ P. ress Prinfi.ng 4 COLOR .'3CORE', FOLD + GLU: ONE, FLAP MAR i) 5 1997 Memo OF CCXU~ COUNTY, 3200 So,ley Lcd, Noples, ~ 34105, L 941.263-8 Fax: 941-263-~ Ta Grog ~ Fmm Tammle McEkoy John Passidomo Susan P~relgis i Febmary 10, 1697 Rm Bids Enclosed please find three price quotes for Business Assistance Guide, being developed by EDC and paid for through the publiC/l:Xlvate paSser, hip between the The qu~nt~y we will be I:~nting is 6,000. The co_~ bids we received am as follows: We have chosen to select Presstige Printing to print this guide. The masons for this include: 1. The Economic Development Council of Collier County has & mission to Ixomote expansion and retention of local businesse~. PressUge Pflntlng is located in Collier County and has been servicing local and regional businesses for 16 2. Presstige Printing~ equipment and quality of work is better than t~,e competing bids. (see .~tached letter from Please issue payment to Pres~_~le Printing based on the attached I:,tce quote for the ! · Page 1 .o. MAR 2 5 1997 PreestLge printing. Inc. 45SX Arnold ~venue 94~-&43-~$84 - ~ax 94~-645-50~5 DA~£: OX-29-X997 tiC~mate: 26003 Economic OeveZooment Council 3200 Bailey Lane Suite 162 N&plee, FL 34105 ~tcenCion: Ta~y OeecrLpt~ofl : 8USZNESS ASSISTANCE GUIDE Size/Pages : 8.5 X 11 · 32 PAGE8 + COVER Desktop Pub1 : Proo?s : OYLUX = P1ATCHPRZNT B/W H&[ftonee: Duotone/TLntl: Co,or 8ep~ Paper One Pa~r Two Paper Three Fold~Bind Shtp Vis 80e GLOSS COVER 70e GLOSS TEXT CV: 4 COLOR, 2 SIDES COVER ONLY 8ADDLE STITCH OUR TRUCK = PGe: 2 PHS, 2 SIDES ZMAGE READY DZSK PROVIDED Ouanttty Tote! SS Per /M 3000 4171.00 1390.33 4000 4678.00 1169.50 SO00 5187.00 1037.40 6000 5699.00 949.83 tn 30 days. Thank you for thLa oDDortuntty - we hope to be of servtce to you. Accepted by:__ Pub! : RAZNeO~ = OYLUX ~ NATCHPRXNT HI3f~oneS: huot, ene/TSn~3: Color R.ps Paler On~ Parer T~ P4per Three Inks Fold/B~nd ~01 ~RTRXx GLOSS COVER ?Oe M~TAXX GLOSS TEXT CV: 4 COLOR, 2 5XDES COVER ONLY · RODLE ~TXTCH PGS= 2 PM~, 2 SXDE$ Sunbelt ~/~- /,'~7 MAR E 5 1997 80# MATRIX GLOBS COVER 70# MAYR)X $~05S TEXT CV: 4 COLOR. 2 SIDES · COVER ~NLY ~ADOL~ ~TZ'I'CH Press Printinl MAR ~ 5 1997 Memo EC~: DE'~LOP/d~NT 0 OF CCtUER COUN 941-2 Fax: 941-2 Greg Mlha~ John Pasddomo Susan Pamigb Dltle Fe~uary 10, 1997 Rm Enclosed please find throe price quotes for the Demographic Profile and the Rnanc~l Reference Gu~e. being develop_ned_ by EDC and paM fo~ through the PU~Jpdvate partne~hip between the County and the EDC. The quantity w~ wil~ be I:.tntlng is 6,000. The cost bid; we received am as follows: We have chosen to sele¢~ Presst~e Printing to ~t~ each of ~e gu~et The masons for ~h Indude: The Econorr~c Development Council of CoBer Cour~ has · ~ to ~e expansion and retention of kx~ buS~else~ Pmll~ge Pflndng ~ RX~ld ~ Collar County and has been servidng local and regional businesses f= 16 yems. 2. Preu~e Pdnfln~,'s equipment and qua~y of wod~ b heifer ~ L~e compa~g b~. (see afl·cried ~Rer from Presage.) Please ~sue payment to Press~e Pr~dng based on ~e a~ached p~ce quoles for me spedfled puUicaflons. IlAR S 5 1997 ~ ~9 'gT 17:~ PR~SSTIG~ PRInTIng 941-643-5815 4551 Arnold Avenue 941-643-3354 - Fax 941-643-5015 D~TE: 01-29-1997 EBtlm&te: 25999 Economic Development Council 3200 Suite 162 Attention: Tammy are pleased to eubmi: our ESTIMATE for the following printing ~ob: Description : DEMOGRAPHIC PROFILE BOOKLET Size/Pages : 8.5 X 11 · 24 PAGES + COVER Desktop Publ : Proofs : DYLUX = I~ITCHPRINT 8/W H&l~tonss: Ouotone/Tlnts: Paper One : 80# GLOSS COVER Paper Two : 70M GLOSS TEXT Paper Three : InKs : 4 COLOR I 2 SIDES Biee~s : YES Fold/Bind : SADDLE STITCH Ship Vie : OUR TRUCK IMAGE READY DISK PROVIDED Quant~. ty Total $$ Per /M 3000 6523.00 2174.33 4000 6993.00 1748.25 SO00 7502.00 1500.40 6000 ?998.00 133.3.00 This &&tim&tm is based on curren~ ra~es &nd costs and is eub~s~t ~o review ~n 30 c~¥s. Thank you for thii o~p~'~un~Cy - we hope Co be of eervlGs to you. Sincerely. Randy Accepted by:~~.-- MAR P, 5 1997 SGfl Z9 '97 l?t~ PR~I~rI~ PRINTING ~41-E~3-5~15 po~ Pres~:ige Prlnting~ Znc. Arnold Avenue Naplee, FL 34~04 941-643-35B4 - Fax 941-643-5015 Economic Dsvelopm. nt Council 3200 8alley Lan~ Suite 162 Naples, FL 34105 DATE: 01-29-1997 Eetimate: 26005 Attention: Twy We ara pleal41d to subtle our ESTIMATE for the followinQ printtnQ lob: Oe~ription : FINANCE REFERENCE GUIDE 81ze/P&gel : 8.$ X 11 · 20 PAGES + COVER Oeek~op Publ : Proofe : OYLUX · ~RTCHPR/NT Duotone/Tlflce: Color 8eps Pa~er One Paper T~o Paper Three Inks ro2d/air~ : 80# GLO~ COVER : 70# GLO~5 TEXT : CV: 4 COLOR, 2 SZDE~ : YE8 : SADDLE STITCH : OUR TRUC~ = PGS: 2 PHS. 2 SIDE5 IMAGE READY DISK PRoVZDED Quantity Total $$ Per /M 3000 3683.00 1227,67 4000 4080.00 1020.00 SO00 4513.00 902.60 6000 4934.00 822.33 This estimate ti based on current rates and coati and is subset% to review In 30 d&yl. Thank you for thil opportunity - wa hope to be of lirvlce to you. Randy Bailey ~cCep~ed by: MAR 5 1997 I, 74, O/kl Hal, front=: C)uQ tone/T :[nts: Color 8eps P&~r One Pat)er Two Par)er Three Inks Ble,Kle BOa MATRZX CLOGS COVER BO# PI~TR~X GLOSS TEXT 4 COLOR = 2 $ZDE$ YES ~AO0~ ~TZTCH Sunbe~ MAR 2 5 1697 MkR ~ 5 1997 f';'[Z~/P&ga& : O.S X J I :~ 24 PAGE~ + COVER ""-"---' 80# ~RTR[X GLOSS COVER R~fl NATR~X QLOSS TEXT · C¢)LOR · 2 ~IDE$ YES : )30# M,q'iR]~X GLOG$ COVEIq : : CV: 4 C[~LOR~ 2 ~Z()E~ ~ ~GS: 2 : YES : ~A~OLE ~T~TCIt ~,u -43Bi P~,S, 2 ~ID£S MAR :e 5 1997 Memo 3200 Bo;by Lmm. Suit, Nople$, FIo~da 3,1105, 941-263.1 Fax: 941-263-~ Interact: ~iness.com/nc~s- Tm Greg Frm~ T~vr~e McElroy John P~s~dorno Sus~m ~ Fel:~m~ 10, 1997 Ri. Bids Enclosed please find three pdce quotes for Industrial Park Guide, being developed by EDC and pik] for through ~e pu~lc/pdvate pl~tnersNp he.men the Cou~y The quantity we will be FxtntJng is 6,000. The cost bids we received am as follows: We h~ve chosen to selec{ PmssUge Printing to ;xtnt ~is guide. The reasons for this Include: The Economic Development Council of Collier County has a mission to Ixom<Xe expansion and retention of local busing. Pmsstige Pdnting Is located In Collier County and has been servicing local and regional businesses for 16 years. 2. PressUge Printing~s equipment and quality of work is better than the competing b;ds. (see attached letter from PressUge.) Please L~_,e payment to Pmsstige Printing based on the attached ixlce quole for the specified publication. ® Page I · I 4551 Arnold Avenue Naples. FL ~4104 941-643-3~84 - Fix 941-643-5015 DATE: 0i-29-1997 3200 Batls¥ Lane N&ples, FL ~4105 26004 ~ttentlon: Tamm¥ We are pleased Co submit our EBTIM~TE for the following printing ~ob: Description : INDUSTRIAL P~RK GUIDE 8~ze/Pages : 8.5 X 11 · 16 PAGE6 + COVER Desktop Publ : ProOfl : DYLUX · MATCHPRINT 8/W Halftonea: Color Seps Paper One Paler Two Paper Three Inks Bleeds Zold/Blna 80# MATRIX GLOSS COVER 70# M~TRIX GLOSS TEXT CV: 4 COLOR, 2 8IDES ~ YE8 SADDLE STITCH OUR TRUCK PGe: 2 PHS, 2 SIDES IMAGE READY DISK PROVIDED Quantity Tote/ $$ Per /M 3~:)00 2977.00 992.33 4000 3316.00 829.00 5000 ~644.00 728.80 6000 3988.00 664.67 This estimate ts based on current raCes and coats an= 18 Iub~e~t to review tn 30 dayl. Thank you for this opportunity - we hope ~o be of ilrvici to you, Sincerely. Bailey Accepted by: MAR g 5 lgg7 01-21-1997 t8=~8 Sdl649~626 COVER I~TCHPAZNT Duot~ne/T~nt~: Parwr One PaD4r Two P. 002 : 80e HATRIX GLO58 COVER : 801 i'~ATRZX G~Og$ TEXT : : CV: 4 COLOR. 2 ~ZOE8 : YE9 MAR ?, 5 1997 Pr~s Pri~n~ ROll PIATRXX GLOR8 COVER H~%lRXX GL. OCS TEXT YF.G ~OOLE ~]TCH PGS: ~ PM~, 2 SZO£8 r RIBCO~II~JDAT~FON TO APPROVE FOR RECORDING HBRZTA~u (3REBNfJ f/k/& DOVE POIb'TE ~ Z'ZZlZ~ ~Z~T OZ~ To approve for recording the final plat of Heritage Greens. The Board of County Commissioners approved for recording the final plat of Dove Pointe on November 2, 1993, as part of a PUD amendment, the name of 'the subdivision is now Heritage Greens. The fiscal impact to the County is none. The project cost is $2,462 534.00, to be borne by the developer. ' The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $2,708,787.00. The developer has provided a Construction and Maintenance Agreement for Community Development Districts as the required security. The County will realize revenues as follows: Fund: Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $51,501.69 Fees are based on a construction estimate of $2,462,534.00 and were paid in July and october, 1993, and are reflected in the Executive Summary of November 2, 1993. Executive Sunnary Heritage Greens Page 2 None That the Board of County Commissioners approve the final plat of UHeritaqe Greensu, with the following stipulations= 1) Accept the Construction and maintenance Agreement for CoBBunity Development Districts as security to guarantee completion of the Suixilvision improvements. 2) Authorize the recording of the final plat of "Heritage Greens-. 3) 4) Authorize the Chairman to execute the attached Construction am~ Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received pralininary acce~.~nce, PREPARED BY: Engineering Review Date REVIEWED BY: Engineering Review Manager Director - Planning Se'r~es Co~unity Development & Environmental Services Date Date Community Dev. and Environmental Svcs. DIVISION JRH=ew HAR 2 5 Pg o.~.... I{ERITAGE GREENS' t· , CONSTRUCTION ~ND MAINTENANCE ~GREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of _, 19__ by and among HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, an independent special district and body politic of the State of Florida (the "District"}, HERITAGE GREENS DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership (the "Developer") and the BOARD OF COUNTY COMMISSIONERS 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 Heritage Greens (the "Plat"). ° B. Division 3.2 of the Collier County Land Development Code (the "Code") requires the District and the D~eloper 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 for Heritage Greens, · · ' except those improvements within the golf course (collectively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required , Improvements will be constructed ~6)~~/~ 2. Security for Required Improvements. A construction fund (the "Construction Fund") has been established by resolution of the District adopted on December 27, 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: $2,462,534.00 for costs of the Required Improvements (the "Construction Amount") and $246,253.00 representing ten percent (10%) of the Construction Amount (the "Reserve Amount". 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 ~rustee 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 written cons=r~ion approval to the Districl -- 2 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 constructed 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 ~quired 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 sba1! no longer be required under this Agreement to maintain the Reserve 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 Improv,ments are not in compliance with the Code, the Director shall promptly specify, in writing, to the District 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 action, the 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 ~ond 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 Project funds are sufficient for which~ / to finance the 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. 11th Manor Coral Springs, Florida 33071 James M. Reinders 277 North Collier Blvd. Marco Island, Florida 34145 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 34'112 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 be executed by their duly authorized representatives as of this day of , 1997. SIGNED, SEALED AND DELIVERED DISTRICT: IN THE PRESENCE OF: HERITAGE GREENS COMMUNITY By: G~[ry L .-~fe%, ~ District Secretary / HERITAGE GREENS I~EVELOPMENT LIMITED By :~ -7- ,A,.GEI~JDA, ITEM lIAR 2 5 Pg.,.,~~ ~TTEST ~ DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMIBSIONERS COLLIER COUNTY, FLORIDA Approved as to form and Legal Sufficiency. By: Timothy L. Hancock, Chairman Acknowledged and assented to: FIRST ~IRIONNATIONAL BANK OF FLORIDA as Trustee under the within-mentioned Bond Resolution Its: Y ¢ Y , OF 2eheritage\conJfna in. AGEtZ)A ITEM P, AR 2 5 ~? -8- ~ruar~, 25, 19:)7 J~noli, BarBer & ~-cr~c.e, Inc. 7400 ~orth ~ami Trail, ~uite 200 Na~lea, Florida ~410~ Thrcs~.h ~his le:.:er, ~e wish to notify Mcur office o~ the follo~inq actions ~,bat Bcraess Inc. is cffertnq to exe:tm.e An order to initiate ~rk at ~erit~qe Aa M~u ~o~, ou~ 1~1~ m.~ bid for the ~e~'elop~ent of t~ ir~rast~ure for ~1,~14,514.00 ( ~ ~llion ~ ~ h'~ ~ f~ ~ller~ ~ zero ~ts ~: this ~7 ~rk. .. ~ ~rk a~ivit~ ~s co~i~r~ excl~ive!y ~rt o~ ~lc~nt: t~relom t~ 1~ s~ li~e present~ ~ ~is~m~e 1~ tMs e~l'A~. For ~his :~ ares~m~e i~l~in9 t~ m~U e~rk Should you have an7 clues~.ions or comments on our no-.ice, please do not ~'sitate to coraac~ our o.~f£ce. DH/mjb 997 AGEHDA ITEM MAR 2 .O~CTIVE: The Board of County Commissioners, Ex-Officio the Governing--Board of the Collier County Water-Sewer District, to &ccept the newly-constructed water facilities to serve Whittenberg Sales Trailer and authorize the recordation of the appropriate legal documents. C~8XDE~ATXOt~R: 1) The Developer of Whittenberg Sales Trailer, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities is covered under the Subidviston Improvement acceptance. FISCAL IMPA~T: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of op~rating and maintaining the water facilities will be paid by monthly user revenues. _GROWTH MANAGEMENT IMPA~T: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. MAR 5 1997 Executive Summary Whittenberg Sales Trailer Page Two I~(~NDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Whittenberg Sales Trailer, with the following stipulations: 1) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 2) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 3) Bacteriological testing has met the County's req~irements. 4) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 5) Receipt of payment of water usage from Utilities for bacteriological testing PREPARED BY: Technician Engineeri~ Review Services II Date Engineering Review Se~. M~nager ~P.,,1,~u:~ng Services Department_~!rector Vincent A. Cautero, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES s '17 Date attachments T', BAlDN A~RPORq- PULLINF, (C R m NO. NAR 2 ~ 1997 WATER AND SEWER FACILITIES ACCEPTANCE ~'~R I~:~H~ LAKE O~JECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Northshore Lake Villas and authorize the recordation of the appropriate legal documents. COnSIDErATIONS: l} The developer of Northshore Lake Villas has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities is covered under the S~bdivision Improvement agreement. ~ISCAL 174PA~T: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. IlAR 5 1997 Executive Summary Northshore Lake Villas Page Two ~)NTH IdANAGEMENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present ItECCt~NDATIONS: That the Board of County Commissioners, ~Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Northshore Lake Villas, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; 2) Bacteriological testing has met the County's requirements, and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment for water usage from Utilities for bacteriological testing PREPARED BY: Shirley Nixing Technician REVIEWED BY: Engineering Review Services Manager Date MAR 2 5 1997 Executive Summary Northshore Lake Villas Page Three Donald'S. ~nold, AICP Pla~g Servi~e Department rector Vincent A. Cautero, Administr~r C0~J~ITY DEVELOPMENT AND ENVIRONMENTA SERVICES attachments Date NO. AG£~ MAR 2 5 1997 BAY rOR£$! ARBOR ~RAC[ VANOERE V~L~G£ PLAC~ C.R. WIGGINS VA~t)[~U~L 1 ~LLA<, RIV~.R T~'U,SI PARK 15 wi' S1 27 11 NAPLF~ IMPERIAL GOLf ESIAT£S ROAD SOUTHAMPTON 26 Secti.on 21; Townsl~ip 48 South; Range LOCATION MAP 25 Eost PREPARED BY' ENGINEERING CONSL RECOMMENDATION TO APPROVE A ROAD IMPACT FEE CONTRIBUTION AGREEMENT FOR S.R. 951 FOUR-LANING WITH 951 LAND HOLDINGS JOINT VENTURE. .O.~: To obtain Board approval of a Developer Contribution Agreement for Road Impact Fee Credits with 951 Land Holdings Joint Venture. ~-~: Consistent with the Agreement between the FDOT and Collier County dated February 19, 1985, for cooperation in the design/permitting/construction of the four-laning of S.R. 951, Collier County entered into an agreement with 951 Land Holdings Joint Venture dated April 4, 1995, for the use of an excavation site from which fill was removed for the consl~uction of the four-laning of S.R. 951 between New York Drive and the Marco River Bddge. The 'Contribution* includes the following: (a) use of an excavation site; (b) excavation of fill material from the site; (c) removal and use of the excavated matedal for S.R. 951; (d) restoration of the fill site; and (e) environmental permitting of the excavation site at the Federal and State levels. The agreed upon value of the above, based on unit price data and price proposals, has been negotiated at the total amount of $243,500.00. As noted in the Agreement and as Included in the valuation, the Developer assumes the responsibility for lake excavation not completed by the FDOT Contractor, for littoral shelf planting in compliance with all applicable permitting requirements, and any and all obligations to complete any work described or related to or as may arise in any way from the County/Developer Agreement dated April 4, 1995. The above work value shall entitle the Developer to Road Impact Fee Credits in the amount of $243,500.00. E~: The total fiscal impact of the agreement is the above-noted Road Impact Fee Credit in the amount of $243,500.00. The credits are applicable to the Development, and the road capacity needs of the development will, in part, be fulfilled by the four-laning of S.R. 951. Hence, the use of the Road Impact Fee Credits will follow behind the road improvements and, accordingly, not result in adverse impact on the applicable road impact fee district and/or fund. Not applicable. authorize the Chairman to execute the Agreement. PREPARED BY:~'~ awd Bobanick Intedm Transportation Director Raymond W. Miller, P.E. Interim Public Works Administrator That the Board of County Commissioners approve the Agreement and DATE:_..~~' 7 GFA/mk/022597/ES 951 RIF Agmt.doc liAR Z 5 1997 DEVELOPER CONTRIBUTION AGREEMENT* THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as *Agreernenl') il made end entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred lo as 'County') whole mailing address fl 3301 Tamlamt Trail East, Naples, Florida 34112, end 951 LAND HOLDINGS JOINT VENTURE, a Fkxlda C.,eneral Pertnerlhlp. Itl auccas~ and ISsignl (hereinafter referred to Il 'Dlvelope~) whose mailing address il 4001 Tlmlaml Trail North, Suite 350. Naples, Florida 34103. V,q-IEREAS, Developer holds fee simple legal title to Ihe real properly (the *'Properties') located In the unincorporated area of Collier County, FIoeida, said Properties being described in Exhibit "A'; and WHEREAS, Developer represents that no obligation or undertaking hereunder i~ barred or prohibited by any conbectual agreement wilh any olher ~ or entity; end WHEREAS, Florida Departmenl of Transportation ("'FDOT') and County ere desirous of making improvements to S.R. 951 (Isle of Capd Road). said Improvemanla being the four-laning of S.R. 951 from U.S. 41 lo the Marco River Bridge; and WHEREAS. The Improvemenl.~ to S.R. 951. herein referred to as "widening Improvements,' require an excavation site. excavation of fill matsrial from the site. removal of excavated material for use of S.R. 951. and restoration of the fill site located on property owned by Developer are collectively referred Io as the "Firsl Conldbution'. The excavaUon site located o~ property owned by Developer il more particularly shown in Exhibit 'B' which is attached hereto and made a part hereof; and WHEREAS, Collier County and the FDOT recognize that the cooperation of adjoining landowners will accelerate road improvements and result in substantial co~t savings pumuant lo the crileda sel forth within Collier County Ordinance 92-22. as amended, recognizing lhal the off-site fill excavation contribution Is an integral part of and a necessary accommodation to lhe transportation network; and WHEREAS. both parties to this Agreement acknowledge that the Road Impact Fee Credita ('Credits') established under this Agreement shall run with the Prol:~rties. and shall be reduced by the amounl of the Road Impact Fee due Ior each building pan'nil issued thereon, until all such Credits have been exhausted; and WHEREAS. both parties lo this Agreemenl acknowledge Road Impact Fee Credits shall be a credit only against Road Impact Fees. and that such Credits ah, all not offset, diminish or reduce any other charges, fees or other impact fees for which Developer is responsible in connection with Ihe developmenl of the, Properties; and WHEREAS. the Developer has assisted the County and the FDOT in accelerating the needed improvements by providing a fill material excavation site in return for certain assurances by FDOT and County having lo do with timing of the widening improvements and Ihet developmenl of the Properties can occur in accordance with previous and future approvals of the County and that the provision of providing an excavation ~ite. excavation of fill materials from the site, removal of the excavated malarial for use on S.F(. ~51, and restoration of the fill site in accordance with County/State/Federal permit requirements will qualify for Road Impact Fee Credils in accordance with County Road Impact Fee Ordinance No. 92-22. as amended, es further detailed herein; and WHEREAS. such proposed plan is in conformity with contemplated improvements and additions to the Iransportation network; and WHEREAS. such proposed plan. viewed in conjunction with other existing or proposed plans, will not adversely impact Ihe cash flow or liquidily of any Road Impact Fee Trust Accounl in such a way es Io frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network; and WHEREAS. such proposed plan. viewed in conjunction with other existing or proposed plans. will not creale a detrimental imbalance between the arterial and collector roadways; and VVHERF. A~, the ~ plan is cormislent with the pobiic interest; and VVHEREAS, both parties to this Agreement mcknowkKlge that the b~ m")d benefits of' this Agre~rr'~nt Ih,ill bt binding I.~ Ir, d Ih·Il inura ~ I~ ~.~coeasore in interest to ~ peruse to ~ Agreement; and WHEREAS, both parties to this Agreement ac~x3wfedge that this Agreement is not to be construed als · devlk3pmenl agrlemenl urtder If~ Florida Local Oovemmefll De~elcq:WlXlnl Agreement Act. NOW, THEREFORE, for and in consideration of the premises and respective ~ of the palies hereinafter set forth and the sum of TEN ($10.00) DOLLARS, and other good and vah. mb4e considerabon, the receipt end suff'~ency of which ·re hereby mulually Ic~'towl~, It is agreed by and between the Partes es follows: 1. The above recitals are true and correct and are herewith incorporated as · peri of this Agreement. 2. The Developer shall receive an Impact Fee Credit in the ·mounl of $243,500 for the provision of providing an excavation site, allowing excavation of fill material, allowing removal of mai·riel for use on S.R. 951, and restoration of the fill site in accordance with County/State/Federal permit requirements collectively referred to es the 'First Conlributic>n'. The restoration of the fill site is more specifically described as follows: a. Littoral Zone Plantings of all three lakes ssi forth in Exhibit 'B' in accordance wilh permit requirements. b. Final Lake Excavation in accordance with Apdl 4, 1995 Agreement which obligates excavation to a minimum depth lhal is greater than required by permit conditions. c. Final Lake Bank/Lake Slope grading if required after completion of additional lake excavalion. The value of the above-hOled 'FJrsl Conldbution' of $243,500.00 has been determined by unil price analysis of the County and by conlract proposal of the Developer. County.3. This Agreement shall be effective on the dale it is executed by said Developer and 4. Developer assumes responsibilily for completion of remaining work described in Paragraph 2.a. above in accordance with County/Stale/Federal permit requirements related to litloral shelf planting. Developer releases County, its officials and employees from any and afl obltgations or claims relating in any way 1o or adsing in any way from Ihs lake excavation, Ihs completion of lake excavation/restoration/operations or other work on the Developer's Properties including, bul not limited to any work related in any way or arising from the County/Developer Agreement dated April 4, 1995, entitled. 'Collier County Agreement Relating To Widening Of State Road 951 .' Developer also hereby expressly assigns any and all claims il may have against Westwind Cor~tracting, Inc. and the Florida Department. of Transportation for any lake excavation or completion of lake excavatiorVresloration/operalions or other work on Ihs Developer's Properties relating In any way to Ihs widening of State Road 951. In ex,'.hange for Ihs value of Firsl Contribulion, the assumption by Developer of responsibility for the ~,~c,,'af ~helf planling, Ihs assignment of claims referenced in this paragraph and the release by Developer of County from the obligation to repair or complete any of the work described in Paragraph 2 above or that relates to or adsee in any way from Ihs County/Developer Agree··hi dated Apdl 4, 1995, as to such work, Developer shall be entitled to Road Impact Fee Credits in Ihs amount of $243.500. Such credits shall be effective upon execution of this Agreemanl by both parties and installation of the littoral shelf planting referenced in Paragraph 2.·. of this Agreement. County and Developer agree that Counly has no further righl Io enler upon Developer's Properties Io excavate, remove and use fill, and Ihal all fill and/or other slOCkpiled mat·dais loc·led on the Properties is the sole properly of the Developer. 5. Effective immediately, until develop··hi of the Properties is ~;ompfeted, or until balance of Ihs Road Impact Fee Credits have been reduced to zero (0), the County sha~ portions of the Road Impact Fee Credlla toward Ihe Road Impact Fees which the Developer is required lo pay for each building permit which II applied for on the Properties, or other property described in ~ctJon 6, rlducirlg the balance of the Road Impact Fee Credlt~ by the lame amount due for each building pan'nit ~o Issued. 6. AJI Road Impact Fee Credlt~ granted Io any developer hereunder ~all be auignable In whole or In part to lay lucoaasor or assign Claslgnated by laid Developer, I~:ludlng and without limitation, I Community Developmenl Dilb'lct lubject to Credit application within Road Impact Fee District Four, as defined In Ordinance 92-22, Appendix B, as arnefxled. In eddltior~, ~ Road Impact Fee Cmdita may be used by any Developer. it~ sucoassor or assign, for any land development project in Road Impact Fee District Four. regardless of whether such project directly CO. heCta to S.R. 951. 7. County she, provide Oevek~par w~th a oarUned copy ~ ~Js ~m, ~ afl L~), ~ ~e as ~ ~ger s~t !o d~nt ~1 ~ ~ ~ ~ F~ 6. This document Incorporates ell agreements or undemtandlng~ applicable to the mette~ contained herein, and Ihe padiee agree thai there are no commitmen~e, agreement~ or ur~tandir~s co~ceming the subject matter of this Agreemenl I,hal afl no~ contained In ~is Agreement. Accordingly, It is agreed that no devialior~ of the terms hereof ~11 be predicated upon any prior representatlo~ or agreemenls, whether oral or written. It is further agreed that no modification, amendment or alteration of the terms or conditions co~talned herein ahafl be effective unless contained in · written document executed with the lame forY~lity, and of equal dignity herewith. 9. Unless othervv~e specifically stated herein, the Agreement ~hall be governed and cof~strued in accordance with the Law~ of the State of Florida. IN WITNESS WHEREOF, the County and the Developer have cat.mad this Agreemenl lo be signed or~ the day and year first written above. DATE: A'F'TEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk Approved as to form and legal Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L, HANCOCK, Chairman I MAR 1997 by:. GB 100 L..~D.. n Florida limited ~: By: · ' 4001 Tl~rntami Tmll'Norl~, Sufle 350 (Print ~ Type) N~ples. Fi. 34103 COU~TVOF Serial/Commission #: My' Commission Expires: (S~-gnatu~ of I~'o~r~ Public) (Print Narne~f Notary Public) NOTARY PUBLIC GFA/mk/121396/SR 951 Fid C4'k RIF C.,mdit. doc HAR 2 5 1997 fG. DEVELOPER PROPERTIE:~ All lands lying In Sections 11, 13, 14, 15, 22, 23, 24 and 25 of Township 51 Iouth, Range 26 East. Collier County, Florida, being more plrliculady described as the FJddler*l Creek Planned Unit Development and/or other proper~as under the ownemhlp of 951 Land Holdings Joint Venture. lands h/lng In Sections 11. 13, 14, 15, 22, 23, 24 and 25, Township 51 South, Range 26 East, Coilier C<xmty. Florida, under Ihe ownership of 951 Land Hoidtngl Joint Venture and/or la~dl Included in [he Fiddlar'l Creek Planned Unit Developmenl. MAR 5 {99? EXHIBIT *C' DE"VELOPl~R.S ROAD IMPACT FEE CREDIT LF_DGE~ J~: This Road Impact Fee Credit Ledger is Intended lo document the balance o! Road Impact Fee Credlta applying ONLY Io Ihe following property: A parcel of lind lying in ~ection >, Township > South. Range > Eall. Collier County. Florida; being more par%lculirly described al follows: BEGINNING BALANCE . MAR z 5 {997 ADOPT A RESOLUTION TO AUTHORIZE A LOAN FROM FUND (341) AS THE FUNDING SOURCE FOR THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT FACT SHEET AND RELATED EXPENDITURES IN ORDER TO SURVEY PROPERTY OWNERS WITHIN THE RADIO ROAD BEAUTIFICATION AREA. ~: That the Board of County Commissioners authorize staff to proceed with a Fact Sheet and Survey dest911ed to address the Radio Road Beautification Municipal Service Taxing Unit and approve mailing related expenditures from the assessment receivable Fund (341). ~Q~~Q~: On December 17, 1996 the Board approved the creation of the Radio Road Beautification Municipal Service Taxing Unit by adopting Emergency Ordinance No. 96-84. Creation of the MSTU provides for the levy of a specific ad valorem tax to fund general landscape improvements and maintenance within the Radio Road corridor. The established millage cap is one-half a mill per year. In order to inform the public on the issues involved, staff proposes to mail the attached Fact Sheet and Survey to property owners within the Radio Road Beautification MSTU area. This survey will provide a method for the affected property owners to express their approval or disapproval to the formation of the MSTU. FISCAL IMPA~T: Cost associated with this mailing include labels, printing, and postage for approximately 6,000 property owners. The estimated cost for the initial mailing is $1,300; return Survey mailing will not exceed $2,000. Total printing and mailing costs is estimated at $4,500. These costs will be paid from the Assessment Receivable Fund (341). Associated costs related to printing and mailing are expenditures that can be incorporated into the MSTU costs; thus repayment to Fund (341) is possible if the MSTU is adopted and approved. A Budget Amendment will be required taking funds from reserves and placing then in the appropriate budget line item. Estimated project costs and tax revenue estimates are addressed in the attached Fact Sheet. GROWTH MANAGEMENT IMPACT: None. MAR 5 19 q7 Page 2 Executive Summary Radio Road Beautification MSTU ~.~: That the Board of County Commissioners adopt the attached Resolution with attached Fact Sheet and Survey, authorize staff to proceed with said Survey through the appropriate mailings, and approve a loan from Fund (341) as the funding source for the mail-out. Prepared hy:~eAss~t Public Works Divis~gh Reviewed b...~~''~/ _ ~ector Public Works Division Reviewed by: Raymond W. Miller, P~-~ Interim Administrator Public Works Division Date Agenda Attachments: Resolution w/Exhibit A RESOLUT:ON NO. A R£$CLLT:O~ AUT. HCR:Z:NG A L¢~N FRO~ FL~ 342 AS TN£ FL%::NG SOLrRCE FOR TR£ RA~ZO ROAD BEAbTIFZCATION M1.INIC:PA~, S£RVZC£ TAXING U1qI? rA.'T SH£ET JU4'3 RELAT£D PR:NTING AK~ I~AILING EXP£.~/~I~.~£S ZN ORDER TO SL~VEY PROP£R."'Y OI~RS W:TH:~ T~£ RADIC ROA3 M.S.T.C. ~ql~ TO A~ROVI: T~Z FACT SH££T FOR SAZD $~VI~Y : 3 4 t tCHER~AS, the Board of County Cct~tSltoners on 9 &do,:ed s~ E~etge~:7 Crdi~a~ce No. ~-14 which Frcv:des f=r the 1: Unit; and 12 ~R~AS. the crea:io~ o~ the Ra~:~ Road 13 Municipal Service Taxing Unit provides for the levy o! ad valorem 24 taxes to troy:de curbing, irrigation !a¢il~[tem, ~ighting, ~andacape [9 Se~ce Taxing Unit. 2G NCN, ~REFO~, BE ZT RESOLED BY ~E IO~ OF 21 C~:SS~ONERS GF COLLIER CO~, F~R:DA, that: that the d~ltr[button o~ a Fact Sheet and Su~ey to pr~tde [n~or~a:~cn to the ~ro~etty o~eta ~[th~n the ~uRdar[es ~ the 25 Radio Road Beautification ~un~c[pa~ Settee Taxing Unit best pub::: interemts of the citizens o~ Collier County the particular area designated a~ a Municipal Se~tce Taxing ~tt. 28 Section ~. The Board of County Co~tssionero here~ finds that the :~fc~a:io~ as set fo~:h ~n t~e Fact She~: 30 as ~x~:b~: 'A', ap~zc~r~ate:y ~ov~es fa:r and tnfoF~a:~c~ to the ctt~zen~ a=d pr=Fe~ty ~ers w::h:~ '..4 Se~::~n Three. The Boar~ o~ Z:um:y ~:--;aa~onerl beret.:. Se~zon Four. The coa~ of &mcu~ no~ ~c exceed $S.000 Aasess~en~ Receivable Fund ffrom ~he Radio Road Beautz~:a:;c~ ~STJ Th~a Resolution adcpted th:l da7 cf March. 199~. motion, se:cad amd maicrlt ATTEST: DWIGMT £. BXOCK, CLERK 18 ~g Approved aa ~o ;arm end legal sufficiency: ~0 County Attorney ;.3 :'4 ::'5 .-.~. 34 COUNTY, FLOR Z DA ny: I I~/~ z 5 1997 EXRI~I! A The Board of County Commissioners has received numerous inquiries related to landscaping the Radio Road corridor between .4irport/Pulling Road and Santa Barbara Boulevard. Staff was given direction to survey the property owners to determine if su. Oqcient interest exists to proceed with the landscaping project. This fact sheet and survey are being mailed to you in order to obtain your input into the beautification project and the subsequent taxing district that will fund said project. Why are Radio Road Landscape Beautification Improvements under consideration? Due to numerous inquiries regarding landscaping beautification to the Radio Road corridor, the Board of County Commissioners on December 17, 1996, established a Municipal Service Taxing Unit (M.S.T.U.). The purpose of the MSTU is to fund landscape improvements and ongoing maintenance along Radio Road. The proposed Radio Road Beautification MSTU is similar to the units that currently exist in Golden Gate, Marco Island, Lely Golf Estates and lmmokalee. Where is the Project located? The landscape beautification project is located along the Radio Road corridor between Airport/Pulling Road and Santa Boulevard. (Refer to map) What Beautification Improvements are proposed? The proposed improvements for the Radio Road corridor will include design, consuucfion and maintenance of median landscaping plants and Ixees, irrigation, curbing and accent lighting. The proposal calls for approximately three miles to be landscaped over the next several years. What is the proposed schedule for implementing the Beautification Project? Assuming an annual one-half mill of tax levy, the proposed improvements will be constructed in six phases, starting in 1998, with estimated completion in 2003. At a designated one mill annual tax levy, the proposed schedule would be three phases starting in 1998, with estimated completion in 2000. What are the estimated costs of the proposed improvements? A typical mile of landscaped roadway segment is: Landscape/Irrigation Design & Permitting Landscape/Irrigation Construction Total $ 30,000 270,000 $300,000 Annual Landscape Maintenance (Median Only) Annual Maintenance (Entire Right-of-Way) $ $0,000 80,000 Total 3-Mile Construction Estimate (Median Only) Estimated Perpetual Annual Maintenance Cost (Median Only) Estimated Perpetual Annual Maintenance Cost (Entire Right-of-Way) $900,000 $I~0,000 $240,000 What will be the approximate cost to individual homeowners? A single family unit valued at $ ! 25,000 with a $25,000 homestead exemption would pay an annual tax levy of $$0 if the one-halfmili levy is adopted with a six-year completion. However, ifa mill levy is adopted for three years, the same single family unit would pay an annual $100. Under~' the one mill alternative, the millage would be reduced to approximately one-half following project completion. How can I obtain more information on this Beautification Project? County staffwill be available to meet with individual homeowner associations to review the impact of the project upon their development. Additional questions can be directed to the Public Works Division at (941) 732-2575. BEAUTIF!CATION '-'1'- '--I- mae MAR Z 5 1997 · urve¥ 4itileNliOlililiire On December 17, 1996, the Board of County Commissioners approved Emergency Ordinance No. 96-84 creating the Radio Road Beautification Municipal Service Taxing {]nit (MS. r. u.) with a tax levy ofone-halfmi111n, r year. ,411 registered property owners within thl~ area are asked to take a moment and answer t). - following questions by marking in the appropriate space provided and returning said survey. Pit ~se note that the proper foM will return this survey to the appropri- ate address and department (po~tage is prepaid). In order to seal this survey, please use tape; the post o. ffice will not process if stapled. Question #1 Do you support lane Board of County Commissionen' action to create a Radio Road Beautification M.S.T.U. to provide for the design, construction and maintenance of median landscape improvements within the road right-of-way, such as plantings, irrigation facilities, curbing and accent lighting, for that portion of Radio Road lying between Airport/Pulling Road (County Road 31) and Santa Barbara Boulevard, being approximately three (3) miles in length.'? YES NO Question//2 In order to meet the requirements of the M.S.T.U., shall the Board of County Commissioners designate a Beautification Advisory Committee composed of residents being registered votm from within the Radio Road Beautification M.S.T.U. boundaries, with advisory authority to make re~xnm~~ o~ the financial affairs of the M.S.T.U. and other duti as may be assigned fi'om time to time by the Board of County Commissioners? YES NO Question #3 Do you ~upport a one (1.0) mill levy for the fu'st three (3) years in order to expedite the commencement/completion of the improvements and then at such time revert back to the one-half (.5) mill as cm'rently set forth in Ordinance #94-84 to provide for present and f~rure maintenance services ~d other miscellaneous approved expenditures? YES NO Survey must be returned on or before I I'4AR Z .~ 199] EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 97-:~6Z6, MARCO ISLAND T-GROIN CONSTRUCTION TO DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $313,100.00. J~~ To award a contract to provide stabilization of two (2) hi,dy erosive are~:: along Hideaway Beach by the placement of five ($) T-Groin structures consisting of sand f-died geotextile bags and the placement of beach compatible sand between the structures. CONSIDERATIONS~ Sealed bids for Bid No. 97-2626 were opened on March 5, 1997. Advertisement for bids was posted on February 10, 1997. Invitations to bid were sent to thirty-nine (39) vendors. A summary of the bids received is as follows: Douglas N. Higgins, Inc. Lucas Marine Construction, Inc. Naples Dock & Marine Services, Inc. Kelly Brothers, Inc. Vanderbilt Bay Construction, Inc. Cone Constructors, Inc. *Corrected Amount $313,100.00 349,700.00 420,834.00 486,965.00 568,645.00* 750,500.00 The staffhas reviewed the total costs and has found them to be correct as tabulated above. The engineer's estimated cost of construction was $307,700.00. A thorough review of the proposals was conducted by the staffand design professional. As a result, based upon verified qualifications, it is recommended that Bid No. 97-2626 be awarded to Douglas N. I-liggins, Inc. 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108 in the amount of S313, 10000, being the lowest qualified and responsive bidder. The following additional information is provided to enable a complete understanding of the circumstances involved with this consideration: The required state and federal permits have not been received to date. It is recommended that award of this contract be subject to receipt of said permits on or before March 28, 1997. Since the bids were opened prior to receipt of the permits, any unanticipated special conditions which would be contained in the permits may result in increased costs of construction. MAR 1997 Executive Summary Page 2 Coil: Coil Center: Project Number: $313,100.00; to be obligated in the budget for FY 96/97. (195) Tourist Development - 60% (110406) Beach R~nourishmem & Pass Maintenance - Category A. (80218) Marco Island Beach Maintenance. Funds in the amount of $307,700.00 have been appropriated for this purpose. Therefore, approval of a budget amendmem is necessary whereby funds in the amount of $36,710.00 ($5400.00 + 10% continsency) will be transferred from the reserves of Fund 195 to Account No. 195- I 10406-763100-80218 to provide suff~ient funds for this obligation. None. That the Board of County Commissioners: Award a contract for Bid No. 97-2626, Marco Island T-Groin Constructi~ to Douglas N. Higgins, Inc., in the amount of $313,100.00 subject to receipt ofstate and federal permits on or before March 28, 1997. 2. Approve the necessary budget amendment. PREPARED BY: REVIEWED BY: Authorize the Chah'man to execute the contract. REVIEWED BY: REVIEWED BY: ~~emcn! P~'n~nd W. Miller, P.E., Interim Administrator Public Works Di~sion Ha~ld E. Huber. Project Manager III O~ce of Capital Projects Management Steven Y. C~arncll, Dir~lor ~'c~ ~'panment Adotl'o A. ~Dit~or / z . 9 7 HAR 2 5 1997 Executive Summa~' P~se 3 Steve Ctrnell, Purcl~sing Deptrtment M~rco Island Beach Renourislunem Advisory Committee Beach Renourishment/Maintenance Committee Humiston & Moore Engineers Doug~u N. Hil~ins, Inc. HUMISTON MOOR ENGINEERS C OAS AND NAILS. rL(~tI::)A ~410(I March 11. lgg? Mr. Harry Huber, P.E. 301 £. Trait SENT VIA FAX 774~370 Original m~ll~cl M~rco Is~ncl T~groin ¢onsL-uctton, Reax~mencl~on of Awa~l to Low Bidder F'de No. 3021TO We have revk,,~ me t~ds for the referenced project. Due to the fact that this involves the specialized activity of filling geotextile bags. only one of the six bidders listed experience on a I~'oJecl that included this specific type of construction, which was the erosion control project on Marco Island. However, the centractor who aid that work was fifth from the Iow bid for the T-groin ~oject. We have contacted f'we of the seven references for previous projects completed by the Iow bidder, Doug{as N. Higgin$, inc. AJI of the references described Douglas N. Higgins as a very responsible contractor who compleles projects on time, ancl without unjustified requests for change orders or c~alms. Douglas N. Higgtns has in the past anti continues lo work for Collier County, and we warn given a favorable necommendatlon by the Collier County Utilities Department staff as well as the County's design engineering consultant on those project. Based upon our review, we believe Douglas N. Higgins, Inc. is qualified for referenced project, and we therefore recommend that they be awarded the ~ Sincerely youm, HUMISTON & MOORE ENGINEERS Kennelh K. HumL1ton. P.E. EXECt~'FVE s0'J(IGRY APPROVE AKENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH HETCALF & EDDY FOR THE NCRWTP 8-MGD EXPANSION PROJECT. ~~ That the Board of County Commissioners, Ex-Officio the Governing Body of the Collier County Water-Sewer District approve Amendment No. Four to the subject agreement to provide for additional engineering services to complete final design for the North County Regional Water Treatment Plant (NCRWTP) 8-mgd expansion project. ~ONSZDZRATZONS~ 1. On September 3, 1996, iten 16(E)(1)(K), the Board approved work orders CDM-FT96-3 & 4 for Camp Dresser McKee to perform constructibility and errors and omissions reviews of the NCRWTP 8-mgd Expansion project. As a result, various items were discovered that require additional engineering services for improvements to complete final design for this project. Each item is presented in detail in the attached Metcalf & Eddy (M&E) proposal dated February 25, 1997. These items, which are a portion of amendment #4, subtotal $261,942.00. 2. On January 7, 1997, item 16(B)(7), the Board approved deduct amendment #3 to M&E's contract, removing all construction administration, detailed observation and additional construction-related services. 3. It is anticipated on April 1, 1997, staff will be seeking Board approval for a negotiated contract for an independent short-listed firm to provide construction engineering and inspection services for this project in response to RFP #97-262§. 4. H&E will provide design clarifications and shop drawing review during conutruction in conjunction with the short-listed construction engineering and inspection firm. These services are the remainder of amendment #4 in the amount of $241,200.00, time and materials not to exceed. Total amendment ~4 $503;142.00 Staff has negotiated the proposed scope and compensation as provided in the attached Amendment No. Four to the Professional Services Agreement. Approval by the County Attorney's Office is necessary prior to signature by the Chairman. Executive Sum=a~ Page 2 ~: Funds are available for ~'~ese services in account 412-273511-631400-70859, NCRWTP 8-mgd Expansion. Original Contract Previous Amendments This Amendment ~4 Revised Contract $1,181,620.00 ( 430,149.50) $1,254,612.50 ~~I~~.,~~: This work will facilitate improving reliability of water service and is consistent with CIE 859, NCRWTP 8-mgd Expansion. ~,~: That the Board of County Commissioners, Ex-Officio the Governing Body of the Collier County Water-Sewer District, approve Amendment No. Four to the subject agreement to provide for additional engineering services for the NCRWTP 8-mgd Expansion project. PREPARED BY: REVIEWED BY: REVIEWED BY: PS:ps attachment Peter Schalt, PMP, Pro~ect Manager Off,ce of Cap~tal Projects Management /////'i ~Ad.~}f_0A-{ ~~Z.,~ctor ~ Office of Capitg~l ~roJects Management ymond W. ~ e~, P.E~7 i-~erim Ad~t~is ~a~o~ ~biic Works Division cc: Karl W. Boyer, P.E., Senior Project Manager Michael R. Newman, Water Director John Hermann, P.E., M&E .air & Water Tochnol~ias Company Fd~ruaty25,1997 Mr. P~ Schah Collier Com Office of Capital Projects Management 3301 East Ttmiami Trail, B-ilding D Naples, FL 33962 t, q iViAR EIVED 0 7 1997 · ' &F CAPITAL Re: NCRW'I'P 8-MGD R.O. Expansion Project M&E Project Number 017533/0] 7534 Contract Amendment No. 4 Dear Pete: We have incorporated the changes to the amendment as discussed with you on Febru&~ 19. Tabulated below are additional services which Collier County has asked us to perform as part of the design of the Nor~ County Regional Water Treatment Plant expansion. These services are above and beyond the scope of'work on the project. These services include items identified in the Cons'tructability Review plus other services requested by the County. CA4A: Provide services during construction inclusive of shop drawing review, generate responses to requests for information, and attend progress meetings. $241,200.00 CA4B: Investigate and design the recycling of concentrate from the membrane softer~ng arrays into the reverse osmosis arrays. $28,000.00 CA4C: Design a pigging system for the raw water ma. in Under this item an operations protocol will be developed. $34,500.00 CA4D: Incorporate the well drilling and development pomon of'the project into the contract documents. $7,500.00 CA4E: Develop a maintenance protocol for the new raw water production wells. $10,100.00 CA4F: Incorporate into the contract document HDPE Pipe as an alternate material for the raw water $12,003.00 1997 374C Exeter.ye wa) M,a,~,a· F:o, ca 33025 TEL 954-450-7770 FAX 954-450-5~00 CA4G: Design a bypass for the raw water main directly to the deep injection wells prior to the cm'tridge falters. CA4H: Investigate and design moclLqcations to the drainage of the well houses and vaults. $14,000.00 $18,763.00 CA4I: Investigate and specify a cured in place liner to increase the existing raw water fiberglass pipeline fi'om its original pressure ralmg to 150 psi. $2,300.00 CA45: Reconfigure the electrical conduit in the well field from a concrete encased ductbank adjacent to the raw water main to direct bury conduit m the same trench as the raw water mains. CA4K: Modify the design to incorporate iow pressure membranes m lieu of the standard membrane. $12,952.00 CA4L: Invesbgate and design the ventilation for the transfer and concentrate pump stations to minimize corrosion of equipment in the room. $26,200.00 CA4M: InvestigaTe the possibility of discharging the existing membrane softening concentrate directly into the deep mjec~on well system in lieu of the existing concentrate wet well. $22,800.00 CA4N: Incorporate into the contract documents conversion/replacement of the computer operating system to a multitasking system using an Ethernet Parallel Networking System. $9,800.00 CA40: Modify the contract documents to delete the variable frequency drives solid state bypasses for the reverse osmosis feed pumps. CA4P: Modify in the contract documents various conduit material designations. CA4Q: Design the lighmmg protection for the well houses. $13,600.00 S900.00 S2,800.00 Fdmmy ~, 1997 CA41~ Provide bid phase services for the additional work items in amendments number l, 2 and 4. $2,200.00 CA4S: Prepare record drawings for the additional work items in amendments number 1, 2 and 4. $11,166.00 CA4T: Modify the contract documents to conform with and comply with the revised Collier County front $3,30O.0O CA4U: Modify the contract docttments to realign the raw water transmission main to avoid conflict with an ex~g 1 O-inch water main. $14,450.00 CA4V: Submit and facilitate review of various processes and raw water line changes modified by amendments 1, 2 and 4 for the FDEP construction permit and Collier Courtly Right of Way and Site Development permits. S8,808.0O CA4W: Incorporate third party testing for various electrical items into the contract documents. These miscellaneous items, CA4A through CA4W are discussed m detail in the attached pages. This discussion includes a tabulation of the costs for each specific item. We trust the aforementioned provides you with the required documentation to process this request. Please le~ me know if you have any additional needs regarding ~his contract amendment, Very truly yours, Roberto S. Ortiz, P.E. Vice President CC; Mike Newman (CC) John D. Hermann (M&E) Jeff Moms (M&E) NORTH COLLIER REGIONAL WATER TREA~ ~ UPGRADE CONTRACT ~MENT NO. 4 ITEM CA4A £NGL%T.Z~ Zl E~GI~T. ER V SLITOTAL INTER. EL,ECTR IC.U./D~ ~'lt~h'T ATI O.~ EZZC'TIU CAL~K ~I'RL'MENTAT i UN $123.00 34 1~2 412 $99.00 Si0 1~7.00 $30,460.00 20 S1,,~0.00 26~ COORD ~,'~TH SU'B TOTAL OTKER D~RECT COSTS CLEIUCAL S180,061.04) S.4.674.0~ R~.PRODUCTION $4.700.00 ORA.ND TOTAl. ~241J00.00 £O'd OOI90SPPS6 'ON X¥3 O03Id/AO03 ~ 39¥0£3g S~:OI 03M LG-SO-BV1A MAR 4'9'7 88:58 FR +++++*++++++ TO 45891941T'7493'78 P.02 3) 4) ~) NORT~ COLLII~ 2) tGIONAL WA' 'tR TRF. ATM~NT PLANT ~ONTRACT AI~ £NDMXNT NO. 4 be tailed to thc Co,tory b~ ~ at, billed above and beyond the vaJue of track rax~ drawings will be l~soond m Wnunf ~o wrin~ RFI'$ mU be p~epaxed I~ c~ers ~nc~ _umvide _r,~~or~ to thc suhsti~~o,,, will be tlus list. 'Ibc ~ thtou~ w~ll total) Six peopte wot attend tl~ by ~ (nm I~.E) on thc ~ay of t~ T,_-~_ and Rmmba..~le Cob-t. $241.200 (addmoa Io Task A. 10 8 - Other Se. tv2om MAR 2 5 1997 ** TOTAL NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4B _~~4B -/NVE~i~TION AND DESIGN OF REC'YCI~ OF MEMBRANE ~O~G C~NCENT]~TE LA~OR GRADE ~ ~ 10 $123.00 $123,0 ~ 140 $7~.00 $ ! 0.~0.0~ ~6 16 S42.00 S672. SI22.00 S394.C)~ $2~ The North Regional Water Treatment Plant currently treats ~ater from the Tamiami Aquifer by the process of membrane softening. To maximize the use of the water from the Tamiami Aquifer, Collier County has requested M&E to investigate the possibility of recycling concentrate waste from the existing membrane ~oflening plant to the iD.fluent of the new reverse osmosis treatment process. M&E will investigate the possibiliD/ Io rec3'cle concentrate ~aste from the membrane softening process into the influent for the new reverse osmosis process. M&E ~l] present a technic, a/memorandum defining (I) the proposed method for recycling of thc concentrate, (2) the advantages and disadvantages of this strategy, (3) an estimate of probable construction cost. Upon review and acceptance of the tec]l~ica] memo by Collier County, M&E will proceed to design and modi~, the contract documents to incorporate reo'cling. MAR 2 5 1997 ,G. NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 Lu~ Sum - S28,000.00 (Iddition to Tlsk A.4 - Final E)csign) MAR 2 5 1997 NORT~ COI,,LIER REGIONAL WATER TRF, ATM~NT PLANT ~'PGRADE CONTRA~ AM~MENT NO. 4 ITEM CA4C. I CA4CJ - IL~GULATOR¥ ALuPF.,CTS DK~INT. ER ¥ ~OIN~R V lrI~CTION $123.O0 $123.00 ENOINr:,ER IV PRO/ECT MANAOER ':~OIN~F.~ I11 PROC~HANICAL ! $~7.00 $~'7.00 ENOINEf. R 1~I HVAC/~HA~CA.L ~17.00 ENOINF. ER HI ELECTRICAL/INSTRUMENTATION ENGINEER I! PROC E,SS,gdEC HAb/I CAL $'/~.00 ELECTRIC A].71~ STRL.~,iEN'rATION DRAFTING CLERICAL Q~VQC Q~QC DRAFTER IV CONTRACT ASST. ENGINEER V ~63.00 $42.00 S123.00 ENGINEER IV SUBTOTAL MI$SIMER INTER. LUMP SU.'M $1.000.00 COORD WITH SL'B LUMP SUM S100.00 TOTAL S1,979.00 ~ DIRECT (~OSTS REPRODUCTION $40.00 SHIPPING $2 (;RAN D TOTAL TIME & .MATERIAL Preliminary Discussions with FDEP will be held to determine the feasibility or ability to "permit" disposal of pigging effluent down the existing deep injection wells. Discussion will include a determination of regulations and rules that may pertain to such disposal practices. A technical memo documenting summary of regulatory issues will be prepared. '7 I MAR ~ 1997 NORTH COLLAR REGIONAL WATER TRgATM~NT PLANT UPGRADE CONTRACT AMeNDMeNT NO. 4 $2,100.00 IlAR 2 5 1997 NORTH COLLIER REGIONAL WATER TittA~ PLANT UPGRADE CONTI~CT AMENDMENT NO. 4 ITtM CA4C.H CA4C. JI - ~ D~Z.OI'M~rr ~ Olt ~AW W&11~ ~ MAIN ~lGaXDmt rUNCTZON mmm IAT% lm,,~ n ~O~E~ V P~~C~ ~1~.~ ~ ~ ?RO~ ~ 4 ~.~ ~.~ ~0~ ~1 PR~~~IC~ 12 ~.~ ~1~.~ ~ m Hv~~ ~.~ D~ IV D~G ~3.~ ~G~EER V Q~ $1~.~ S~OT~ SI~ C~ W~ S~ ~ S~ Si~.~ OTHER DI~CT COSTS ~PROD~CTION ~.~ =SHI~G ~.~ G~ D TOTAL, ~, I ~.~ MAE will prepare a basis of design for the layout of the transmission main for the proposed pi~ging systcnt M&E will prepare an outline of an operating protocol for the pigging syslem. NAR 5 1997 NORTll COLLIER REGIONAL WATER TRF. ATMXNT PLANT UPGRADE CONTRA~ AM~NDMXNT NO. 4 Time and Material - S3,200.00 10 NORTB COLLAR i~GIONAL WATER TR~TM~NT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 TTI:M CA4C. m.A ENOINEER V I PIUNCtPAL $123.00 ENOINEER V PROCT~S/F, LF, CTIUCAL $123.00 I~NOINf, Zl~ IV PROJT, GT MANAOER 4 S99.00 ENGI~'EEX II1 I~ocr~,,~C~C~ I2 ~7~0 S1,044.00 ENQINE~R HI ELECT]UC JO,/Z~STRU~EN'Z'ATION ~7.00 F.~OINEER I1 PROCESS/MECHANICAL $"/~.00 IrNOIN£ER 11 ELECTRIC ALANSTR L~4£NTATION DRAFTER IV DRAFTINO $6300 CONTRACT ASST. CI.ZIUCAL 2 $42.00 ENGINEER V QA~: Sl 1~.00 ENGINEER IV QA/QC $99.00 SUBTOTAL ~SG 16 $'90.00 $1,440.00 COORD WITH SUB LUMP SUM $144.00 TOTAL OTNER DtRECT COSTS REPRODUCTION S40.00 SHIPPING $4O. O0 GRAND TOTAL $3,1 fA00 TIME & MATERIAL Characterization and Quantification MAE will develop projected characteristics of the pigging effluent m,.der this task. We will hold discussions with Collier County. plant operations personnel and others to project the characterizations of the waste strgam. Charactcrization of thc waste stream will be supplemented with information regarding the t~pe of material being pigged and the characteristics of the raw water that the main will convey. 11 liAR z 5 1997 NORTll COI-I~R KtGIONAL WATER TREATMXNT PLANT UPGRADE CONTRACT AM/:~~ NO. 4 12 ,~._/? NORTB COLLIER R~GIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMZNT NO. 4 ITEM CA4C. DLB Deveiop ,~,lethods to Dispose of Ptgging E~Tuent We will define treatment methods to achieve the e~uent disposal obj~ determined in Step i of this proposed scope ofsm'ices. It is not anticipated at this time that trcatment methods other than filtration will be r~quired since il is assumed that the pigging effluent will ortly contain inefl inorganic material. The majority of the transmission main will be constructed of PVC and ~t is not anticipated that biolog/cal degradation or adhesion will occur 13 liAR 2 5 1997 /g NORTll COLLieR RI~GIONAL WATER TR~A~ PLANT UPGRADE CONTRACT AM~rDMENT NO. 4 ]4 [ HAR ~ 5-1997 I ,~. /'z NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AME~MENT NO. 4 ITEM CA,lCD' ~O~ V ~C~ $1~.~ ~O~ V ~~~C~ $1~.~ ~R ~ PRO~ ~ 12 ~.~ S1,1~.~ ~0~ ~ ~M~iC~ ~ ~.~ ~0.~ ~O~ ~ HV~~C~ ~.~ ~O~R HI ~C~~A~ON ~7.~ ~R H PR~C~IC~ ~.~ ~O~ I1 ~C~$~A~ON ~.~ D~k IV D~G ~0 ~3.~ S~.~.~ CO~ ~ST, C~C~ ~ ~2.~ ~36.~ ENG~EER V Q~ ~0 t S~.~ ~0.~ C~ WITH SUB L~P 'TOT~ OTHER DI~ CO~S ~PRODUCTION $1~.~ $HIPP~G G~D TOTAL $1~, I ~.~ TIME & ~T~ $1~.~ After review of the options avnilable with Collier CounF, we will prep~e contracl documents to implement the Basis HAR z 5 1997/ j NORTll COLLIER REGIONAL WATER TREATMENT PLANT I~"IAD£ CONTRACT AI~NDIVlZNT NO. 4 · filtration ming ~g flitch and the existing cartridge filters. Bag filter will be on a pad outside the plant build/rig · tr~ing syst~ for pig The estimate provided in this proposal for "De~ailed Design" is not a firm estimate s/nee it does not necessarily rdlect the ~ to perform these services since the basis of design had not been established at this t/me. After the concept design is completed, this number will be evaluated for ira validity. Time and Material - $13,20000 16 HAR 2 5 1997 I~ORTR COLLIXR ~t~;IO~At, WATER TRF. A~T rt.A~? tU~RAD~- CONTRACT AMtNDbtZlrf NO. 4 ITEM CA4CV We will prepare and "walk through' the FDEP permit required for disposal of the pigging e~Huent down the concentrate injection well. Time and Material - $4,'/00.00 17 HAR Z ~ 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AME~~ NO. 4 ITeM CA4C. VI CA4C. VI ~_ I! ~C~~A~ON ~.~ $~OT~ OTHER DI~ ~PRO~'~ON 'SHIPP~G $1t~ G~ND TOTAL T~E & ~TE~ We will develop a protocol for the operation of the pigging sy~cm. The protocol will develop and list procedures for pif, ging of the raw water transmission main and the disposal of pigging cfflu~nt. Time and Material - $4,000.00. 18 MAR 2 5 1997 ~.~$ NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4D CA4D. i]~/'F, CsRATION OF CONTRACT I-~,.~'-~. GRADE IrUNC'~JG~ HR. BATE PElt HR SIJBTOI'AL F, NGINEF~ V PRINCIPAL $123.00 ENGINEER V PROCESS/EI..F,C~C~ Si 23.00 E]qOi~.'~ IV PROJ~C3' I~'qAOF, Jt 22 S99.00 ~3,168.00 ENOI~'F~ !I1 A4F, CHANICAL~ROCESS SgT.00 ENOIN~_~ til HYAC~IECKANICAL ~.00 ENOD/F_-~.a. Hi ELECTRICAI.A~STRUMENTATION $67.00 ENOINEER ti PROCESS/MECHANICAL 16 $=/$.00 ENOINEER ti ELECTRICAL/INSTR UME~,'T ATI ON' $'/~.00 DR,M'~R IV DRAFTING $63.00 CONTRACT ASST. CLERICAL 16 $42.00 $672.00 ENGINEER V QA/QC 4 $12.3.00 $492.00 ENOINEER IV QA/QC $99.00 SUBTOTAL MIS$1MER INTER. 16 $90.00 $1,440.00 COORD WiTH SUB LUMP SUM $144.00 TOTAL $7,11&00 OTHER DIRECT COSTS REPRODUctiON SHIPPINO $42.00 GRAND TOTAL $'/,4~S.00 LUMP SUM During the design phase. Collier County requested thal the raw waler lransmission main, well structut~ and treatment plant work be incorporated into one contract. The drilling and dcvclopmcnt of the wellfield was created as a selxume consu'uction contract by others. Subsequently, a~ter final complction of the design documents, Collicr County has rcquested that thc drilling and dcvelopment of the raw' water wells bc additionally incorporated into the construction contract for thc watcr trcatmcnt plant to create a single construction contract for thc cntirc projcct. The creation of a single construction contract would make thc entire project the responsibility of one contractor, thus casing coordination between the various work construct/on contrac~ items. 19 NORTH COLLIER REGIONAL WATER TRF-ATMENT PLAJ~ UPGRADE CONTRACT AMENDMENT NO. 4 be mnduc~ with Mimmcr Imcrnation~l, thc (ksigncr of thc raw wattr production wclls, to ~ssurc consistency within · ~ Drawings im:oqxn'ated into the design package m'e by others and not providM by M&E. Lump Sum. $?,f~)0.00 (Mditioa to Task A.4 . Final Design) 2O HAR 2 5 1997 NORTH COLLIER REGIONAL WATER TR~A~ PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4E laqGibT ~P_ V I'RINCi~AL 4 $123.00 $492.00 LIqOINLER ¥ P-B~ OC ~_~'J_~-~Kj C AL 4 $122.00 $492.00 i2qG~ IV PRO,'F, CT biANAGF, P. i~ S~9.00 S1,584.00 tNOibnr~ m ~a~r~'HA~'~-~e! 16 ~r/.oo $1,292.00 I;NOI~FU HI h'VAC~.. ~CHAN1CAL F..NOI:N~i:~. HI i:! s:,_-T-iLiCAL/~.RL/M:i2~AT)ON ~7.00 E~IOrNEER I! PROCES{/~'__CHANICAL 8 S=7~.00 S~}O. O0 ENGI~£~ I1 ELEC ~-KJCAL/IN~ YRUXE'NTATION S7~.00 DRAFTER IV DRAFTINO $63.00 CO]~TILACT ASST. CLERICAL 8 $42.00 $336.00 E;NOI~EI:R IV Q,4vQC :$1~9.00 SUBTOTAL MI$$1MI:'R INTER. COORD WiTH SUB LL~P SU~ S432.00 TOTAL S9,194.00 O¥~IER DIRECT COSTS REPRODUCTION 1100.00 SHIPPIIVO S20,00 LC;a,~.'~D TOTAL $10.014.00 TIME & MATERIA/, The proposed Collier Count7 reverse osmosis wgllfield will consist of tan prinm7 production wells and one stano"m. production well that tap thc Lower Hawthorn Aquifer at a depth of approximately 700 to 800 feet below land surfac~. Wells tapping the Lower Hawthorn Aquifer typically m:luirc very little ITgulat maintenance and hav~ a long life expectancy. However, these wells flow freely at land surface that may pruent problen~ when replacing motors on submersible well pumps or while conducting other repair and/or mmntanance activities such as periodic chemical 21 NORTH COt. LIaR RtGIONAL WATER 'I'REATM~NT ~ UPGRADe CONTRACT AM/.NDM/:NT NO. 4 · · · · · · · TJIM fifid Msletial - $10,100.00. (8ddtflm to Task A.4 - Final Dcs'i~n) 22 HAR Z 5 1997 II II Iiii ii iiii iiii II II I IIII II I II II IIIII I I1' NORTB COLLieR REGIONAL WATER TREA~ PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4F BACKGROUND Collier Count). as a result of items identified in thc "Constniclabilit)' Report" conducied for this project, has requested that M&E consider the use of HDPE pipe as an alt :maitre to the PVC pipe specified for the new raw water U'dnSmission main. MaE will explore the possibility of using HDPE as alternate bid item for use of HDPE pipe in lieu of thc specified PVC. We will perform a surge analysis to deierrnine wha! additional features should be incorporated into the ~y~tem to minimize this phenomena. M&E bill prepare a tcchnical memorandum defining the rcsulLs of these analyses and recommendations. 23 PIAR 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLAINT UPGRADE CONTRA~ AMEi~MENT NO. 4 item amd ~o also incorporMe into th~ raw wa~ ~nsm;ssion sy~em addifionsl fe~tu~, if ~c~ary for sur~c attenuation. M&.E will also incorporate imo th~ contract docummt$ for thc HDPE pipe, spar~ r~pair parts, rcpair tools and Uaining for County l~"rsonnel. This scope of services is based upon the following mvmptions: · HDPE is suitable for th~ w~er chemimy of the r~w water. · HDPE is made in su~cicnt thirJmcu to Mdrus thc systcm hydraulics. Time and Reimbursable Cost. Si2,003.00 (addition to Task A. 10.8. Other Services) 24 HAR 2 § 1997 NORTH COLLrrR REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 FI'EM CA4G ~-~--d~d'--3- ' ]L4,W WATI~ MAIN LABOR C-n_.~ ~ ~N ENO~R V P~C~ SI ~.~ ~O~ER V PR~S~I ~C~ 16 Si23.~ Sl~g.ffi ~O~R IV PRO~ ~AOER 16 ~.~ Sl~.~ ENO~R Hl M~H~IC~R~S ~.~ ~G~R Hi HV~C~C~ ~.~ ENO~R II1 K~ ~C~R~A~ON 24 ~7.~ ENG~EER II PR~S~ECH~IC~ 24 ~.~ $1.~.~ ~NG~EER II K~ ~C~S~EN~A~ON D~R IV D~O ~0 ~.~ ~.~.~ CO~ ~$T. C~C~ 24 ~2.~ 11 ~.~ ENO~EER V Q~ 2 $1 ~.~ ~.~ ENG~EER IV Q~ 2 ~.~ $1~.~ TOT~ OTHER DI~ ~PROD~ON SHIPP~G $1~.~ G~D TOT~ $1~.~ LUMP Collier Count), as a result of items identified in the "Constructabilit3. Reporl" conducted for ~s project, has n~iuested M&E to design and incoqx)rate into the contract documents, a ~'pass line directS, from the raw water main near the pig receiving station to the deep injection well. The putlx)se of the .bypass line is to allow for disposal of raw water upstream of the cartridge fillers during startup. 25 HAR Z ~ 1997 NORTH COLLieR REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 pr~d~ design mv~m ~o inc~pmte into pig ~g ~ m ~ ~ ~on Lump Sum - $14,000.00 (addition to Ta~k A.4 - Final Design) 26 NORTll COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AM~ME~ NO. 4 ITEM CA4H CA4R. DRAINAGE FOR WY~]~ HOUSES lABOR GRADE FUNCTION HR. ENO~EER V P~CIP~ I S 123 ENO~EER IV PRO~ M~AOER 24 ~.~ ~76.~ ENO~EER Ill M~C~R~S 12 ~7.~ $1,~.~ ~ ENO~ER HI HVA~ECH~C~ ~7.~ ENG~EER 111 E~C~S~A~ON ~ ~7.~ ~,4~0.~ ENG~EER Il PR~S~CH~IC~ ~,~ ENG~EER II ' E~C~S~EN~A~ON $75.~ D~R IV D~O ~ ~3.~ ~,7~.~ CON--CT ~ST. C~C~ 32 ~2.~ $1j~.~ ENG~'EER V QA~ 2 $123.~ $2~.~ ENG~EER IV QA/~ 2 $~.~ $19~.~ SUBTOT~ MISSIMER ~ER 24 S~.~ S~l~.~ C~ WITH SL~ L~P S~ $~16.~ TOT~ OTHER DI~ ~PRODUCTION $2~.~ SHIPP~G $~.~ G~D TOT~ $1~7~.~ BACKGROUND Collier Count), as a rest, t of i.le. ms jden. t?..ed in ~.e "Consm~.cla.bility Repot1" conduclecl for this project, has requesled M&E ~o investigate aha consmer me aeteuon oz me sump pfls ~n the ~ell house structures. The well head suvaures inclusive of thc vaults m'~d buildings are provided with sump pits for diversion of miscellaneous spills ~nd flo~$ from these structures. 2'/ z. ua IXACT AM~NDM'I:NT NO. 4 · modifications to well house drainage will consist · floor ar~as sub~-t to drainage flows, of the deletion of the pits and the resloping and/or containment Time and Material Cost. $18,763.00, (addition to Tat, k A. 10.8 - Other Semites) 28 MAR 2 5 1997 NORTH COLLIER KEGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 FFEM CA41 CA41. CUB/J} IN PLACI LINIJt POI tXI~TING ~W WA~ ~N SI23.~ ~G~EER V PR~ $123,~ ENG~EER IV PRO~T M~AOER 4 ~.~ ENG~EER III ~IC~R~ [ ~7.~ ~.~ ENG~EER ~NG~EER ~tl ~t ~C~C~~A~ON ~7.~ ENG~EER ~I E~C~C~~EN~ATION $75.~ ENG~EER V ~A~ I $123.~ $123.~ ENG~EER TOT~ $~'~ OTHER DI~ ~PRODUCTION $~0.~ SHIPP~G $1[.~ G~ND LUMP Collier Count). as a result of items identified in thc "Constructabili~, Report- conducted for this project, has r~luested M&E to design and incorporate into the contract documents, a cured in place finer to enhance the pressure rating of the ex~ng raw water in~uent pipeline. As part of!.he original plant cons~ucgon, fiberglass piping for the future RO raw ~ater pipe was placed into the floor slab of the ma~,*~ process building. After pqx',ated failures of the fiberglass raw water piping for the membrane softening system, il ~s determined tlu~ugh conversations with the mant~actttrer that the pipe was rated for 50 psi which is belcrw the requirements for the reverse osmosis influent raw water system. The new reverse osmosis feed raw ~ter piping requires a minimum pressure rating of 150 psi. This scope of sen'ices includes the preparation of contract documents for the installation of a cured in place lining to increase the pressure rating to 150 psi for the exisUng fiberglass pipe that will be used for the new RO trcatmen! system. M&E ~11 also inve~gale the pressure rating for the existing pipe fla,n~ connections and modify the contract documents to increase, ff required, to enhance the pressure rating of the connections to 150 psi. 29 HAI~ ~ 5 I397 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 · The flange c°nnectiom can be enhanced to achieve a pte~.ure rating of 150 psi. Lump Sum. $2,300.00 (addition to Task A.4. Final Design) 3O NORTB COLLAR REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4J EHOIHF..f~ V PRINCIPAL $123.00 ENOINEF. R %' ~~C~ S 123,~ ~O~ER IV PRO~ M~ 2 ~.~ SI~.~ ~O~R ~ HV~~C~ ~.~ ~O~ Iil E~T~C~~A~ON i~ ~.~ $1~.~ ~G~R H ~~IC~ ~$.~ ENG~E~ II ~ E~C~iR~N~A~ON [ ~5.~ ~.~ D~R IV D~O ~.~ COh~ ~ST. C~C~ ~2.~ ENO~EER V Q~ i $12~.~ EHO~EER IV Q~ ~.~ SU~TOT~ C~ WI~ SU~ ~P S~ ~1 ~.~ TOT~ ~PRODUCTION ~0.~ SHIPP~'G G~D TOT~ LUMP SUM Collier County as a result of items identified in the "Constructability Report" conducted for this project, has requested M&E to design and incorporate into the conu'act documents, the consideration of modification of the well field duabank Io either a concrete ductbank with PVC "EB" conduit in lieu of the specified "ORS" conduit or direct bury cable. Collier Count.. has also requested as identified in the "Constructability Report" the reduction/n the separation of the dual proposed raw water transmission mains lo t~x~ feet in lieu of the distance ns currently identified. Collier County has also requested the relocating of the electrical duct bank and dual raw water mains in the same trench excavation. 31 NORTIi COLLlXR REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 M&E will explore thc possibilily of modifying the wcllficld duct ban~ from a 'GR$" concrete cricked dua bank PVC ~B" condui! in a conaele encased duct hu~k or a dimcl bury cables. ~ will investigate both code practical considerations for ~ modification to thc linc. ~ will ~Iso invcstigatc thc pom~oility of including both t~c transmission mains and the electrical duct bank in thc same trcnch. ~ will also investigate the locating of thc raw water n~n to two fcct away from each other. MAE will prcscnt in a technical memoratxlum th~ results of thcsc analysis. A.flcr discussion with end ~ by Collier Count, lVI&E will incorporate into tb~ contract documents dcsi~n modifications. The pl~'men! of thc concrete dua bank wu incorlx~t~ ~s part of number ~. This scope of services is based upon the following assumptions: (1) That the final design will consist ora conduit type modification only. Lump Sum - $4,900.00. (addition to Task A.4 - Final Design) 32 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TRF. ATMKNT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4K Collier Count). as a result of items identified in the "Constructabilit3- Report" conducted for this project, has requested that Mace incorporate inlo the contract documents t~u-a Iow pressure membranes. The ultra low pressure membranes will require less pressure to treat the raw water than those specified. "Ultra low pressure membranes" were not originally identified in the contrac~ documents since the use of the said membranes ~s rchtivcly new to the market at the time and Collier Count3' did not wish to take the risk associated with a new product. Since that time the membranes have been used in various capacities at various locations. Thc use of lower pressure membranes will result in a cost sa~'ings for Collier Count3' through the reduction of encrl~,' use. 33 MAR 2' 5 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CO1FFRACT AMENDMENT NO. 4 membr~n~ into the contact document. Time taxi Reimburrable Cosl. S12,952.00. (addition to Tuk A. 10.8. Other Services) 34 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4L CA4L . r/~'~.GATION AND D~iGN OF VENTILATION FOR TP~I~J~ AND CONC~qTRAT~ PUMP ~i'ATION~ LABOR GRADS'- FUNCTION $123.00 $123.00 F=NOINEER IV PROJECT ~,-~-N~3ER ~ S99.00 $"/92.00 EIqOINEER I! PROCESS ./~CHANIcAL 16 S7~.00 $ i ,200.00 ENGINEER I! F.! ~HOC,,6,L/~STRUMEN. TATiO,~ 40 I7:1.00 13.000.00 CONTRACT A~ST. C L!.n_~ C AL $42.00 ENGfNEER ;' Q,4/QC i 2 $ ! 23.00 $1.476.00 $~9.00 OTHER DIRECT COSTS kEPRODt:CTJO.~ ~HI?PI~G $200.00 G RA.'~D TOT,i.L Lt'MI~ SUM Collier Count), as a result of items identified in Sc "Constructability Report" conducted for this project, has requested that M&E investigate and provide design services for means to enhance the ventilation in the transfer and concentrate pump rooms (2) lo minimize corrosion of the equipment within these rooms. I! was identified in the report that interior corrosion is extensive. 35 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 proposal includes a modi~cation to permit replacement of corroded instnunentation and electrical equipment and alaxntentnce. Lump Sum - S26,200.00. (addition to Task A.4 - Final Design) 36 HAR 2 5 1997 illlllll I IIII I I II 24 S123.0~ 24 S99.00 64 24 ~7.0( 32 I75.00 $123., $99.4 16 Sl44.00 Collier County as a result of items identified in the "Constructabilit). Report" conduaed for this project, has requested that M&E investigate the possibility to discharge the concentrate direct/y from the existing membrane softening treatment skids to the deep injection ~zlls. Currently the MS concentrate is piped to an intermediate pump station and is pumped dow-n the injection wells. The piping of MS concentrate direcOy to the deep injection well would result in a savings due to thc fact that thc ¢×is~in~ concentrate pump station ~1] not experience significant use. 37 NORT~ ~ ' · ~: ~2 REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 cxmcent~ate header and cousidcrado~ for the ~x)ntxmtzate dilclutr{e {kuru t]~ new RO syst~n. ~ will prepare · ~ ~ d'~ k ba~ u~n t.h~ followinl · Tim it is pos~'bla to discharge concentrate fkom the membrane Idteni~ lystem down the deep iu. iectiou we, lis direc,b,. Lump Sum. S22,800.00. (addition to Task A.4. Final Dcsign) 38 LABOR ~ ASST. NORTH COLLIER REGIONAL WATER TREATMENT PLANT LrI~RADE CONTRACT AMENDMENT NO. 4 CA4N ITEM CA4N DF 4 16 I 16 6O $123.0 $123 $S7.00 $87.00 $87. $75., ~3.00 $42.00 $123.00 $99 COSTS $1,392.00 $336 GRA.ND TOTAL $18.00 LUMP SUM $9,764.00 Collier Count3' as a result of items identified in the "Constructabiliv,. Reporl" conducted for this project, has requested that M&E upgrade the compuler operating system to an "Ethernet': Parallel Networking sy~em. The cun'ent .system t/mt was installed is a DOS based system on 486 based computers. The use of an "Ethernet" Parallel Networking ryslem a/lows each computer workstation ~o handle ,~-,ecific tasks thus eliminating the redundancy in the work stations. SCOPE_ M&E will provide design serx'/ces to upgrade the plant's computer operating system to an "Ethernet" Parallel Networldng D'stem inclusive of both software and hardware modifications. Lump Sum - $9,80000. (addition to Task A.4 - Final Design) 39 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA40 CA40 - DELETION OF V~R1ABLE FREQUENCY DRIVE~ ~OLID STATE ~'Y~'A~F~ FOR ~ ~lS ~ ~U~ ~ ~ ~O~C ~~ON ~R G~E ~ION H~ ~TE ~ER ~ ~O~'EER V P~CIP~ $123.~ ENG~EER V PR~ESS~C~C~ 12 $123.~ $1,476.~ ENO~EER IV PRO.CT ~AGER ~ ~.~ ~2.~ ENGINEER II1 MECH~IC~R~ESS $~7.~ ENG~EER I11 H VAC~ECH~IC~ $~7.~ ENG~EER [I1 ELECT~C~S~D~ENTA~ON 6~ $~7.~ $5,916,~ ENG~EER ll PR~ESS~ECH~IC~ $75.~ ENG~EER II E~CT~C~STR~EN~ATION 32 $75.~ $2,~,~ D~ER IV D~G 72 ~3.~ CONTACT ~ST. C~C~ ~2,~ ENG~EER V QA~ 2 $123.~ $2~,~ ENG~'EER IV ~ QA'~ $99.~ 1 OTHER DI~ COSTS ~PRODUCTION ~.~ SHIPP~'G G~ND TOTAL $13,548.~ LUMP SUM $I~,~.~ BACKGROUND . ,a ~.,0~%~<~ Collier Count, as a result o£items identified in the "Constructability Report" condumedt£or this project, has requested tl~t M&E modify the contract documents to (I) delete the variable frequency drive.~£or the rever~ osmosis feed pumps, (2) verify efficiencies of the motors included under the plant expansion for compliance with the FPL reoale program, (3) perform a detailed harmonic analysis of the existing electhcal disthbution D'stem to delermine the ex~en! o£the total harmonic distortion present and to de!,,n~.ine if "clean power" or 12 pul~ Djl:)e variable frequency drives are required to nunimize harmonic distortion produced ~' expansion equipment, (4) investigate possible harmonic uUtigation techmques Io coFreCl the existing electrical distribution system harmonic distortion Io within the recommended practices established ID.' IEEE Standard 519-1992, (5) and, design a harmonic distortion mitigation system that would bnng the total 8armonic distortion limits below 5% as well a~ impro~'ing the plato True Power Factor to avoid any future penallies thal ma.',' be imposed ID}' FPL. SCOPE M&E will delete the requirement for the reduced voltage solid state I:D'-pa~s unit for the re~'erse osmosis feed pttrn~. M&E will verify that the efficiencies of the motors included under the plant expamion are in compliance with the requirements of the FPL rebate program. M&E will perform a detailed harmonic distortion analysis ox 40 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ¢lecu'ical distribution sysicm, and will pwvid~ a rt'pon including measured data and interpretations. M,~ will dc"tcrmin¢ if "cleart power" or 12 pulse type driv~,s will be necessary to minimize the addition of harlBonic distorgoll to thc existing dislortion levels. If the existing distortion lolls exc~d recommended limits, IV~l~ will ~gatc possible alternatives for controlling harmonic distortion. M&E will prescn! a technical memorandum dcfining (1) preliminary design concept, (2) the advantage and disadvantages of a harmonic distortion mitigation s'yslem, and (3) an eiain~al¢ of probable construction cost. M&E will provide engineering services including modification of the contract documents as r~luired for incorporation of a harmonic dislortion mitigation syslem. Lump Sum - $13,600.00. (~ddition to Task A.4 - Final Design) 41 z 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4P CA4P - MODIFICATION OF VARIOUI CY)NDUIT MATF..KIA.L DKSIGNATIONS LA~)R GRADE FUNCFION HR. RAT~ ]'ER HR gI.I~FO~AL L~OINEER v P~-~NC IPAL $123.00 ~-'~GINEER V PROCE$,gE~CAL $123.00 ENGINEER tv PROJECT MANAGER $99.00 ENGINEER III MECHANICAId~)ROCESs ~7.00 ENGINEER Ill H VAC-,MECHAN1CAL $~7.00 ENOFNEER III ELE CTRJ CAI. dIN STR UMENq'ATIO N I' t~l ? .00 ~9~.00 ENGINEER I1 PROCESS/MECHANICAL $75.00 ENGINEER I1 E LECTR.ICAL/INSTRUMENTATION $75.00 DRAFTER IV DRAFTING CONTRACT A~ST. C LEK1CAL 2 $42.00 ENGINEER V O A.'QC ! $123.00 $123.00 ENGINEER 1 v Q A,'QC $99.00 'TOTAL OTHER DIRECT COSTS REPRODUCTION $1000 SHIPPING GRAND TOTAL $918.25 LUMP SUM $900.00 ~6CKGROUND Collier Count)' as a resul! of items identified in the "Constructability Report" conducted for this project, has rcquesled that M&E modLS' in the contracl documents the following conduit materials (1) under slabs and in the ground, PVC schedule 80: (2) for stub ups and risers, PVC coated ORS: (3) for the well field concrete encased duct bank, EB PVC. SCOPE M&E will mO' the contract documents to mod~' the conduit as follows: (!) under slabs and in the ground to PVC schedule 80; (2) for stub ups and risers to PVC coated GRS: (3) for the well field concrete en~ duct bank to EB PVC. These modifications will be verified vdth applicable and Count), codes. 'I-YPE OF FEE Lump Sum - $900.00. (addition to Task A.4 - Final Design) 42 5 i997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4Q LAJIOR GRADE V £NG[NEER V ENGINEER IV ENGINEER III U1 ENOYNEER Ill Il II ENGINEER Ix,' TOTAL OTHER DIRECT COSTS CA4Q 4JGHTNING PROTECTION FOR WELL PROCESS/ELECTRiCAL PROCESS/MECHAN, ICAL Q^~QC QA'QC 4 5123.00 5123.00 $~7.00 $~'LO0 5123.~ S99.00 5191 5232.~ $123.00 ON $20.00 G RA~N'D TOTAL LUMP SUNI Collier County as a result of the Constmctability Review for this project has requested M&E to include as part of the design and contract documents a lightning protection system for the three well house buildings. The installation of a lightning protection syslem for the well houses w.~s not included in the scope of services or subsequent contrac~ amendmenls. ~;COPE Metcalf and Eddy will provide design sen,ices including the preparation of contract doo. unents for the in.s-tallafion of a lightning protection system for the well house structures. TYPE OF FEE Lump Sum - $2,800.00. (addition to Task A.4 - Final Design) 43 NORTH COLLIER REGIONAL WATER TREATMENT PLANT LrpGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4R CA4R - BID I~HA$1~ ~Y..RVICE~ FOR ADDITIONAL WORK ITEMS LAIIOR GRADE YUNCI'ION HR. RATE PER I~R II~J~TOTAL ENGINEER V PRINCIPAL S123.00 ENGINEER V PROC ES $/ELECT'R.ICAL $1 ENOINEER IV PRO.CT MANAGER $99.1)0 ENGINEER Ill M£CItANICAL~ROCF~s $$7.00 ENGINEER lIl HVAC/MECHA,~CAL ENGINEER Ill ELECTRICAL/INSTRUMENTATION $$7.00 ENGINEER II PROCESSfMECHANICAL $75.00 ENOINEER Il ELECTRICAL/INSTRUMENTATION $75.00 DRAFTER IV DRAFTING $~3.00 CONTRACT ASST. CLERICAL $42,00 ENOINEER V QA~QC $123.00 ENGI'NEER IV QA/QC $99.00 SUBTOTAL TLC LUrlvl? SUM $1,0OO.00 LAKDA~.~'OHALEM LUMP SUM $1,000.00 COORD WITH SUB LUMP SLrM $200.00 TOTAL $2,200.00 OTtlER DIRECT COSTS REPRODUCTION SHI??~'G G RAiN D TOTAL LUMP SUM BACKGROIJND Collier Cotmry, as pan of amendments no. 1, 2 and 4, requested additional design services. As part of thc original scope of services, M&E was requested to provide bid phase services (identified in the original scope of services as item A.5) of the work constructed. Collier County has Requested M&E under this amendment item to provide bid phase seD, ices for the additional design items included in amendments no. 1, 2 and 4. 44 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ~ will provide bid phase se~ces for the addltioz~J design items included under contract amendments no. 1, 2 and 4. Bid services include items as designated under task A.5 in the original t, cx:~e of seTvices. Lump Sum - $2,200.00. (ackLition lo Task A.$ - Procurement and Construct.ion Bid Services) IAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4S CA45 . PRY_~ARATION OF i~.CORD DRAWINGS FOR ADDFI'IONAL WO~ ~R G~E ~ON H~ ~G~'EER V P~CIP~ $123.~ ~NO~ER V PR~S~C~ $1~3.~ ENO~EER IV PRO~T M~AGER [ ~,~ ~.~ ENO~F. ER III M~H~IC~R~ESS ~7.~ ENG~EER III HVA~H~'IC~ ~7.~ ENO~EEE 111 E~C~C~S~EN~A~ON' ~7.~ ENG~EER II PR~S~ECH ~IC~ S75.~ ENO~EER Il E~CT~C~S~E~AT]ON ~5.~ D~ Iv Dm~'O 60 ~.~ ~,7~0.~ ENG~EER V QA'~ ENG~EER IV QA/~ ~.~ 8UBTOT~ C~ WITH SU~ L~P S~ TOTAL $10,~ OTHER DI~ ~STS ~PRODUCTION $2~.~ SHIPPING ~,~ G~ND TOT~ $1 I,I~M BACKGROUND Collier Count)', as part of amendments no. 1, 2 and 4, requested additional design services. As part of thc original scope of services, M&E was requested to proxdde record drawings (identified in the original scope of services as item A.5) of the work constructed. Collier Count)' has Requested M&E under this amendment item Io furnish record drawings for the additional design items included in amendments no. 1, :2 and 4. 46 2 5 Ig97 ~. ,,~,/ NORTH COLLrleR REGIONAL WATER TRI~ATMIiNT PL,I~T LrPGRADE CONTRACT A. ME~NT NO, 4 M&E will ~tmaish additional services in accordance with contract item A. IO.3 to provide ri:cord drawings for ~ additional ckai~n items addressed as pan of amendments 1, 2 and 4. Time and Reimbursable Cost - $11,166.00. (addition to Task A. 10.3 - P,w..ord Drawings) 47 .o.~~' MAR 2 5 lSS? NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM' CA4T CA4T - MODIFICATION OF FRONT END SPECIFICATIONS TO MATCH COLLIER COUNTY R~EVIsED FRONT END SPECIFICATIONS LABOR GRADE FUNCTION HR. RATE PER ~[R SUBTOTAL ENGE'qEER V PRINCIPAL $123~00 ' ENGINEER V PROCESS/ELECTRiCAL $123.00 ENGINEER IV PROJECT MANAGER 2 $99.00 $198.00 ENGINEER III MECHANICAL/PROCESs 24 $87.00 ENGINEER II1 H VAC./M ECHANICAL $87.00 ENGINEER Ill ELECTRIC~ STRUM ENTATION $I7.00 ENGINEER II PROCESS/MECHANICAL 4 $75.00 $300.00 ENGINEER II ELECTRICAL/INSTRUMENTATION $75.00 DKAFTER IV D RAY-FI'N G $63.00 ' CON"I3L4CT ASST. CLERICAL I $42.00 $336.00 ENGINEER V QA/QC 2 $123.00 $246.00 ENGINEER IV QA/QC $99.00 TOTAL OTIIER DIRECT COSTS REPRODUCTION $ttlPPING $1t.00 GRYLND TOTAL $3,226.00 LUMP SUM In light of ongoing and past construction projects, Collier County has revised their front end specifications since the completion of final design. Collier County has requested M&E to modify their front end documents to correspond and comply with the front end contract specifications. SCOPE M&E will modify the contract documents to correspond and comply with the new front end specifications. Lump Sum - $3,300.00. (addition to Task A.4 - Final Design) 48 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4U C-A4U - WELLFIELD TRANSMISSION MAIN REALIGNMENT LABOR GRADE FUNCTION IIR. RATE PER HR SUBTOTAL ENGINEER V PRINCIPAL $123.00 ENGINEER V PROCESS/E~CAL $123.00 ENGINEER IV PROJECT MANAG ER 32 $99.00 $3,16g.O0 ENGINEER IH M ECHANICAL~ROCF~S ENGINEER III tt VAC/MECHANICAL SgT.OO ENGINEE~ III ELECTRIC AL/IN.~ TR UM ENTAT[O N Y~ 7.GO ENGINEER II PROCESS/MECHANICAL 16 575,00 $ 1,200,OO ENGINEER Il ELECTRICAL/INSTRUMENTATION $75.00 DRAFTER IV DRAFTING 32 $63.00 $2,016.00' CONTRACT ASST. i CLERICAL { $42.00 ~ ENGINEER V QA/QC $123.00 i~NGINEER IV QA/QC $99, .00 SUBTOTAL ABB : LUMp SUM $6.~00.OO~ ' COORD WITIt SUB ] LUMP SUM $6~0.OO TOTAl, OTHER DIRECT COSTS REPRODUCTION $200.00 SHIPPING $50.OO G IL~N D TOTAL $14,480.00 BACKGRQI~rND The raw water transmission main design was located using "as-built" drawings of the utilities on the north side of Vanderbilt Beach Road from Collier County. These drawings indicated the pr~ence of a 10-inch water main along the road; subsequently the new raw water transmission mains were located to avoid the existing water main. After completion of the final design, Collier County re. addressed the location of the existing 10-inch water main by performing a field investigation to locate the line. Collier County has subsequently requested M&E to reassess the loc~tion of the new raw water main to avoid conflict with the existing 10-inch water main. 49 MAR 2 5 {997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 SCOPl~ M&E will perform design services to (1) access the impacl of the "located" exiting raw water main (2) relocate and redesign the new raw water transmission main location giving possible consideration to relocation of the existing 10- inch water main. This scope of services is based upon the following assumptions: · Collier County will provide an accurate survey of the existing 10-inch finished water main. Time and Reimbursement Cost - $14,450.00. (addition to Task A. 10.8 - Other Service~) 5O 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4V CA4V - PERMIT REVISIONS LABOR GRADE FUNCTION fill RATE PER HR SUB'i'OTAL ENGINEER v PRINCIPAL $123.0~ ENGINEER v PROCESS/ELECTRICAL $123.00 ENGINEER IV PROJECT MANAGER 16 $99.00 $1,584.00 ENGINEER I11 -- MECHANICAL/PROGF.$$ $17.00 ENGINEER Ill H VAC.~.( ECHANICAL $17.0~ ENGINEER III E LECTRICAL~NSTRUM ENTATiON $87.00 ENGINEER II PROCESS/MECHA,NICAL 24 $75.0~ $ l,gO0.O0 ENGINEER H ELECTRICAIdiNSTRUMENTAT]ON $75.00 DRAFTER IV ~ DRAFTING 40 $63.00 $2,520.00 CONTRACT ~ST. CLERICAL ENG IN EER V QA/QC $123.00 ENGINEER tV QA/QC $99.00 SUBTOTAL ABB LUMP SUM S 1,ooo.oo COORD WITH SUB LUMP SUM $ 100.00 TOTAL $7.~K00 OTHER DIRECT COSTS ~EPRODUCTION $1,200.00 SHIPPING $100.00 GRAND TOTAL ~ACKGROUND Collier County has requested M&E to modify various processes as part of amendment number four. Th~ and plant functions include concentrate disposal, use of alternate membranes, and bypassing of raw water. As a re.alt of these changes, the FDEP requires that documentation be issued that identifies these modifications as part of the modified FDEP construction permit. In addition, various site changes inclusive of the relocation of an existing I0' water main and above-grade piping requires modifications in the Collier County Site Development permit ad right of way construction permit. 51 MAR 2 5 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 Melcalf & Eddy will provide to documentation to facilitate the review and approval of a revised FDEP con.rtruction permit and Collier County site development and right of way construction permita. The F'DEP ~onxtruction permit and Collier County permits were applied for originally under the original w,,ope of,work and only apply to the facilitie~ a~ modified in that scope of work. Lump Sum - $8,808.00. (Axklition to Ta.t& A.9 - Permitting MAR 2 § 1997 NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE CONTRACT AMENDMENT NO. 4 ITEM CA4W CA4W . TlflRD PARTY ELECTRICAL TF~TING LABOR GRADE FUNCTION liP.. RATE PER HR ~O~TOTAL ENGINEER V PRINCIPAL $123,O0 ENOIN EER V PROCESS/ELECTRICAL $123.00 ENGINEER 1V PROJECT MANAGER 2 S99,00 $1,584.00 ENGINEER 111 M ECHANICAL/PROC F.~$ $~7.O0 i ENGINEER lit H VACdMECttANICAL $$7.00 ENGINEER III ELECTRIC AL/IN $TRU'M ENTATIO N $g7.o0 ENGINEER Il PROCESS/MECItANtCAL $75.O0 ENGINEER Il ELECTRICAL/INSTRUMENTATiON it $75.00 $~O0.O0 DRAFTER 1V DRAFTING $63.O0 CONTRACT ASST. CLERICAL I $42.00 $42.O0 ENGRtEER V I QA/QC $123.00, ENGINEER IV QAIQC $99.00 TOTAL $~40. O0 OTHER DIRECT COSTS REPRODUCTION $40.O0 SHIPPING $I&O0 G RAuND TOTAL $~98.O0 LUMP SUM , $~0.00 Collier County has requested that M&E consider requiting a third party electrical testing company to perform equipment acceptance testing for the expansion equipment included as part of this contract. Curvently, acceptance testing is required to be performed by the equip.-.:::~t ~'qpplier or the general contractor. The ack'antage of using an independent, unbiased third party is that he will be move objective and will probably do a much move thorough job. M&E recommends that the conh-act documents be modified to incorporate the requirements for an independent electrical testing company. $coP~ M&E will modify the contract specifications to incorporate the requirement that the acceptance testing be performed by an International Electrical Testing Association certified independent electrical testing firm. FEE Lump Sum - $900.00. (addition to Task A.4 - Final Design) 53 NORTH COUNTY REGIONAL WATER TREATMENT PLA/~T 8 MGD EXPA/qSION AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT This Amendment #4 to the Agreement dated April 11, 1995 (hereinafter "AGREEMENT,,) is made and entered into this day of , 19 _, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose new business address is 3740 Executive Way, Miramar, Florida 33025 (hereinafter referred to as the "CONSULTANT,,). W I TN E S S E T H WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTA2~T shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Services - ~asls for Compensation,,, as outlined in said AGREEMENT with the modifications to Attachments A and C to said ASREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, ~hall be as shown in the revised Schedule C as attached hereto. MAR Z 5 1997 .~TI CLE FOUR 4.1 The A(]REEM~_iTT, as amended, shall rem~in in full force and effect. IN WITNESS WHEP, EOF, the parties hereto hav~ executed this Amendment to Professional Services Agreement for the NORTH COD1TTY REGIONAL WATER TR~AT~ PLANT 8 M~D ~XPANSION the day and year first written above. ATTEST: (As to Chairman) BOAR/) OF COUN'fY COMMISSION-ER~ FOR COLLIER COUNTY, FLORIDA, A POLITICAL SU~2DIVISION OF THE STATE OF ~LORIDAA/TDA~ EX-OFF~CIO TKE GOVEP~NING BOARD OF T~ COLLIER COUNTY WATER-SEWER DISTRICT By: bwight E. Brock, clerk Approved as to fcrm and legal sufficiency: Witness Witness By: ~imothy L. Hancock, AICP Chairman Metcalf & Eddy, Inc. Roberto'-Ort~z, Vice~Pre~i'eng (CORPORATE SEAL) MAR 2 fi 1997 ~,0 'd e88 ~. ~. ,,,. . 'c~ 'cS .... o c~ 'o0 'oc~c~ ' ' · ~-~ ~1 ~' ~' ~'~ ~8~ssssss~s/ ~ 8 ~l ~ O~ : ~ ~ ~< ~ ~ 0 O/ ~ o~ ~ 0 ,~ o ~ ~ ~ ~ ~ o/ - ~ ~o ~ ~ ~ z~$o~ ~ ~ ~ = MAR 2 5 1997 OOISOSDDS6 'ON XVJ D~:OI O3N L6-SO-~¥~ · t EXECUTIVE SUMMARY RECON' ANNUA /'.D.JAF :'ION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN ;.AL OF THE MAINTENANCE AND ARTERIAL ROADWAY MEDIANS AND i'F-OF-WAY PROFESSIONAL SERVICES AGREEMENT. l'o obtain the Board of County Commissioners approval to renew the ~ervices Agreement for Maintenance and Development of Artedal Roadway Medians and Adjacent Rights-of-Way. CONSIDERATIONS: On June 4, 1996, (Agenda Item 16 B.2) the Board of County Commissioners approved an Agreement providing Professional Landscape Support Services for the M.S.T.D.'s. W'rthin that Agreement, Section 4.1 states that the Agreement can be renewed annually for a maximum of three additional years with that renewal being agreed to in writing by both parties and approved in accordance with the County's purchasing policy. Accordingly, the Consultant was contacted and is willing to provide the Services as originally indicated at the same pricing and/or per the fee schedules as exhibited or attached in the existing Agreement. Vanderbilt Beach Road's (VVest of US 41) Landscaped Area is shown on the Revised Attachment 'A' Inspection and Report Fee Schedule and will be incorporated into and become a part of the Agreement. FISCAL IMPACT: The Professional Support Services when rendered have been and will be budgeted and compensated out of either Fund 102, 103, 104 or 106 having Cost Center 163646-Object Code 631403 requiring the Services. GROWTH MANAGEMENT IMPACT: Not Applicable. RECOMMENDATION: That the Board of County Commissioners approve Attachment "A" Revision 03/06/97 and agree to enter into the first year's renewal with the current Professional Landscape Consultant, Michael A. McGee, L.A., P.A. (d. b. a. McGee and Associates) as per the Agreement dated June 4, 1996 via an executed Purchase Order. L· MAR25 1997 PG.. / Executive Summary Agreement Renewal March 11, 1997 Page 2 Val Prince, Engineer II Transportation Landscape Services REVIEWEDBY:/~~.._ _ _~ David F. Bobanick, Interim Director Transportation Department REVIEWED BY: ,, . g~/'.'.: } Raymorld W. Miller, P.E. Interim Public Works, Administrator REVIEWED BY: (.~.,~? /'". Stephen 6'arhell, Direr{or Purchasing Department DATE: _DATE: DATE: DATE: Transportation Department VP/DFB Attachment(s) HAR 2 5 1997 Landscape Architecture March 6th, 1997 Mr. Val Prince Engineer II Transportation Landscape Services 3301 Tamiami Trail East Naples, Florida 34112 Re: Maintenance and Development of Arterial Roadways Medians and Adjacent Rights of way Professional Services Agreement Dear Yah As per your request we are submitting this letter as a formal request and/or proposal per Agreement section 4.1 to continue and renew our existing Services Agreement for the coming year. McGee & Associates agrees to provide the services at the same pricing and/or per the fee schedules as exhibited or attached in the existing Agreement. As you are aware Vanderbilt Beach Road west of US 41 has been landscaped and will be added to your service schedule. Once accepted we will provide scheduled inspections and reports at the cost per the attached revised Attachment "A". If you should have any questions or need further information then please feel free to conatct me any time. i~~~Cordially. LC 098 Design * Environmental Management * Planning P.O. Box 8052, Naples, Fla. 34101 (941) 263-0486 MAR Z 5 1997 Landscape Architecture Revised 03/06/97 102 103 104 FEES FOR SCHEDULED INSPECTIONS & REPORTS F II, PR V AND AP AR A BAYSHOREDRIVE $161.67 $ 646.68 U.S. 41, North PINE RIDGE RD. SEAGATE DR. I~MOKALEE RD. $545.17 $2,180.68 VANDERBILT BEACH RD., West $161.67 $ 646.68 AIRPORT ROAD (US 41 to Cougar Dr.) $604.17 $2,416.68 Design * Environmental Management * Planning* P.O. Box 8052. Naples, Fla. 34101 (941) 263-0486 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID//97-2637 FOR CONTRACT PRINTING ~: To award a two-year term agreement for contract printing for use by all County Departrnents. CONSIDERATION,S: Throughout the year, the Purchasing Department has the need to contact firms for the printing of a wide variety of documents for using departments. Many of the documents are routine in nature, and therefore lend themselves to standard specifications. On January 23, 1997, formal bid invitations were distributed to thirty-one finns providing printing services. Bid specifications requested pricing for 53 types of single/multi-part forms, business cards, continuous feed forms, and envelopes used by various County Departments. On February 21, 1997, bids were received and opened from fifteen printing finns. After careful analysis of all proposals, staff recommends award of this bid on an item-by-item basis as listed below, and in accordance with the attached tabulation sheets. CATEGORY PROPOSAL NUMBERS AWARDEE Flat Forms #1, 2, 4,5,6,7,9,11,12,13,19,20 Collier County Schools Flat Forms # 15, 16 Cecil's Copy Express Flat Forms #3, ! 4 Kozanik Kopies Flat Forms # 17, 18 Pederson Printing Flat Forms //8, 10, 21 Personal Printing Service Carbonless Forms Carbonless Forms Carbonless Forms Carbonless Forms #22,23,28,29,31,33,35,36,38 #24,27,32,34 #25,26,30,37 #39 Tractor Feed Forms //40, 41 Tractor Feed Forms #42 Tractor Feed Forms #43, 44 Collier County Schools New York Press PRIDE of Florida Pederson Printing Service The Print Shop Personal Printing Sunbelt Business Printing Envelopes #47, 48, 50 Collier County Schools Envelopes #45 PRIDE of Florida Envelopes #46 Suncoast Forms Envelopes #49 Pederson Printing Business Cards #5 I, 52 Pederson Printing Business Cards #53 Kozmik Kopies MAR 2 5 {997 J Executive Summary Title: Recommendation to Award Bid #97-2637 for Contract Printing Page 2 Due ,,, a pattern of long lead times and late deliveries throughout the previous printing contract pc:-.', d, a 10% penalty for late deliveries has been instituted, with possible termination for excessive late deliveries. For this reason, staff is requesting entire bid offerings of the bidders listed herein be accepted as secondary suppliers to be utilized in the event of inability or termination of the lowest bidder to furnish product as needed. In such a situation, the next lowest bidder would be contacted until the needed product could be obtained. FISCAL IMPACT: It is estimated that approximately $35,000 will be expended annually from funds appropriated in the operating budgets of the respective using agencies. GROWTH MANAGEMENT IMPACt: None RECOMMENDATIOn: That the Board of County Commissioners award Bid #97-2637 for contract printing as shown herein. PREPARED BY: REVIEWED BY: REVIEWED BY: Laura Celedonia, Buyer II Purchasing Department CSM, Purchasing/General Services Department Leo E. Ochs, Jr. A,4~,,ni~istrator Support Services Di~,~ion DATE: 03/10/97~ / "AR MAR 2 5 '1997T HAR 2 5 1997'-I MAR 2 5 1~97 ~ MAR 2 5 1997 I _,~._/,7 . ! M~ 2 5 ~SS7 I ~o._/,~ [ HAi~ 2 5 1997 l l ! MAR 2 5 1~97 I 1,4AI~ 2 § '19971 I ,,.~;,~c> | ~' I ~AR 2 § 1997~~ II 1997 r4AR 2 5 1997 MAR 2 HAR 2 5 1997 MAR 2 MAR 2 5 ~ lIAR 2 5 1997 HAR 2 5, 1997 _ ,~...,c// EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVAL FOR DONATION OF SURPLUS RADIO EQUIPMENT TO K-9 SEARCH AND RESCUE OF SOUTH FLORIDA. ~)BJECTIVE: To attain the Board of County Commissioners approval for the donation of surplus radio equipment to K-9 Search and Rescue of South Florida, a non-profit organization. CONSIDERATION: In accordance with Sections 273.01 Florida Statue, 274.05 Florida Statues, and Collier County purchasing policies, the EMS Department seeks to donate surplus radio equipment made obsolete with the implementation of the 800 MHZ radio system to the K-9 Search and Rescue of South Florida. The K-9 Search and Rescue of South Florida is comprised of volunteers who specialize in locating the mentally challenged, missing, and deceased persons in an isolated incident or in a disaster situation. They also provide medical aid, and educational seminars on lost person behavioral and stranger danger to local school children. The donation of surplus equipment inventory includes 23 portable radios and 27 mobile radios with accessories that are obsolete as a result of the 800 MHZ radio system implementation. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION' That the Board of County Commissioners approve the donation of surplus radio equipment to K-9 Search and Rescue of South Florida. PREPARED BY: ~(L"') ~ , Rich D'Orazio, Lt./Param~lic ,~Emergency Medical Services Department REVIEWED BY : ,,,.~_ DATE: Diane B. Flagg, C~f Emergency Services Department REVIEWED BY: 2~~ ~, ~ DATE: Steve Came'Il, [Director Purchasing Department APPROVED BY: "~ L.(. /--'-'~ Leo Ochs, Jr., Admir~istrator Support Services Division DATE' MAR 2 5 19 ? ! FI~CH NLrrr'~ORT 8[2 $~. ~41 ~l 1,II8 fileCl On Feb~ary 16, 1994, St~Own by' the records Of t~[$ offi~, oorporlt~n' The document number of this coq:)ora/ion is NgSO0000058~. CR2E022 HAR251997 I EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ACQUISITION OF FIVE (5) MEDIUM DUTY ADVANCED LIFE SUPPORT AMBULANCES THROUGH A COOPERATIVE PURCHASE. OBJECTIVE: That the Board of County Commissioners approve the acquisition of five (5) medium duty ambulances from Aero Products Corporation, Sanford, Florida, utilizing the St. Johns County, Florida bid No. 96-60. CONSIDERATION: Section XIII B of the Purchase Policy allows the County to join with other units of government in cooperative purchasing ventures. St. Johns County awarded a contract for medium duty advanced life support ambulances which affords Collier County the opportunity to purchase under the same terms and conditions. The St. Johns County bid base cost was $97,899.00. Utilizing the St. Johns County base bid cost and including the equipment integral to current patient care standards and operations, the purchase price is $97,213.00 per medium duty ambulance. This purchase price reflects a savings of $63,935.00 or $12,787.00 per medium duty ambulance under what was budgeted for FY 95/96. The equipment integral to patient care slandards and operations include Vanner inverters, electric locks and safety equipment. A Vanner inverter provides AC capability for neo-natal patients, cardiac balloon pump patients, and 12 lead ECG patients. Electric locks provide access for required security and safety equipment includes a side window for clearing of emergency traffic and reflective vehicle markings. Two medium duty ambulances are growth units and will utilize EMS impact fees for purchase. Three medium duty ambulances were scheduled and budgeted replacements. FISCAL IMPACT: The cost to purchase five (5) medium duty advanced life support (ALS) ambulances is $486,065.00, each medium duty ambulance purchased under this bid is $97,213.00. The funding source for this acquisition is as follows: NO. //. ~ .~ MAR 2 5'19S7 (Fund (350) EMS Impact Fees - Total purchase price of $194,426.00 for two (2) medium duty growth ambulances.) (Fund (522) Motor Pool Capital Recovery - Total purchase price of $291,639.00 for three (3) medium duty ambulances, scheduled replacements and budgeted in Fund 522.) GROWTH MANAGEMENT IMPACT: Provided EMS ambulances for two (2) EMS growth units. RECOMMENDATION: That the Board of County Commissioners approve the purchase of five (5) medium duty Advanced Life Support ambulances from Aero Products Corporation, Sanford, Florida, utilizing the St. Johns County Bid No. 96-60 in the amount of $486,065.00. PREPARED BY.'~'~ ~:7 ~ Tom Mag¢'~/, EMS Battalion Supervisor REVIEWED BY: ~~ DATE: Diane B. FI~. Chief Dan Croft, Director ~/ Fleet Management Steve ~arne~, Director Purchasing keo Ochs, Jr., Support Services DATE:)'~{{ I,=, 1~7 MAR 2 5 1997 EXECUTIVE SUMMARY RECObDdENI)ATION TO blAKE SOLE SOURCE PURCHASES IN EXCESS OF $15,000.00 FROM KELLY TRACTOR, INCORPORATED, FT. MYERS, FLORIDA. DJ3.J~.,~LTjX~: To obtain the Board of County Commissioners' approval for sole source purchases from Kelly Tractor, Inc., in excess of $15,000.00. ~: Kelly Tractor, Inc., is the exclusive authorized regional vendor in this area for Caterpillar and Hanix brand equipment parts and services. The County currently owns one Caterpillar bulldozer and one loader, and two Hanix Mini Giant track-hoes. This fiscal year, the rubber tracks for both Mini Giant track-hoes required replacement at a cost of $5891.42 per set, or a total of $11,782.84. Purchases from Kelly year-to-date total $12,862.55. Pans and service requirements for Caterpillar and Hanix equipment are expected to exceed $15,000.00 by year end. I~,~C..~[~I~C~: FY 97 funds are available in Fleet Management fund and cost center 521-122410 to cover all costs to Kelly Tractor, Inc., for Caterpillar and Hanix brand parts and services. W ~1 ' N 1 A : None. RECOMMENT}ATION: That the Board of County Commissioners approve sole source purchases from Kelly Tractor, Inc., in excess of $15,000.00. PREPARED BY: D,.,~h./(/~.~~~t'~ DATE: .-~//"/?~q,7 a Croft, Fleet Man~e~r, Facilities Management Department Skip Camp, Director, Facilities Management Department Stex e ESarnel], 'birector, Purchasing Department REVIEWED BY: Leo'Ochs, Adm~_~ra]or, Support Se~'ices Division APPROVAL OF BUDG ET AMENDIV[ENTS BCC AGENDA OF 3/25/97 COUNTY WIDE FACILTIES CAPITAL (301) BUDGET AMENDMENT 97-210 Capital Outlay $10,000 Reserves Total 0 Funds ar~ needed for unanticipased r~-novations to the General Services Building (Building W) to accommodate expansion of l~e Supervisor of Elections t~cords storage area and for unanticipated r~ovattons to I~e 7~ Floor of ,Buildin~ F to nccon~nodate office s~ace needs of the Public DefendeCs Office. SHERIFF'S GRANTS (115) BUDGET AMENDM~ENT 97-216 ($19,151.78) (619.25) 19.771.03 Dru2 En forcem ~t/Aom'~he~ siol~ Personnel Services Operating Expenses Cspital Outlay Total To mmsfer funds from Fund I 15 (SHOCAP grant) personal services and operating expense budget categories to the _operating capital outlay budget cate,gory. AGENDA ITEM MAR 2 5 1997 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 25, 1997 FOR BOARD ACTIQF: Miscellaneous Items to File For Record Wi~h Action A~ Pelican Mareh Community Development Dietrict - December 18, 1996 and agenda. ae Pelican Bay MSTBU Advisory Committee - February 5, 1997 and agenda for March 5, 1997. Referred to BCC. Be The Beach Renourishment/Maintenance Committee - February 6, 1997 and agenda for March 6, 1997· Referred to BCC. De Marco Island Beautification Committee - February 4, 1997 and agenda for March 4, 1997. Referred to BCC. Mackle Park - February 5, 1997 and agenda for March 5, 1997. Referred to BCC. Collier County Planning Commission - January 16, 1997 and agenda for March 6, 1997. Referred to BCC. Ge Library Advisory Board - January 22, 1997 and Director's Report - January 16, 1997. Referred to BCC. Code Enforcement Board - January 22, 23, 27 and 29, 1997. Referred to BCC. AGENDA ITEM iL MAR 2 5 1997 Pg. / EXEC~ SUMMARY RECOMMENDATION THAT THE BOARD OF CouhrT~ COMMISSIONERS APPROVE BUDGET AMENDMENTS TO FINAl ~ FISCAL YEAR 1996 DEBT SE]:iVICE APPROPRIATIONS. ~ Board of County Commissioners' approval of the attached 1996 budget amendments which will Increase debt service appropriations to cover actual payments made on t~e 1977 Guaranteed Entitlemer,t Revenue Bonds (prior to the 1996 refunding), Commercial Paper loans A-2 and A-5, and Note I-1. CONSIDERATION; (1) The fiscal agent fees on the 1977 Guaranteed Entitlement Revenue Bonds (prior to the 1996 refunding) were estimated for fiscal year 1996. The actual amount paid was $294 greater than the estimate. (2) Actual payments on the Commercial Paper loan A-5 (Regional Park Fund 345) exceeded the budgeted amount by $94,470, Therefore, additional budget In Fund 299 for fiscal year 1996 in the amount of $94,470 is needed for Commercial Paper Loan A-5. (3) There was budget for an estimated interest expenditure of $7,300 in Fund 244. Actual interest charges incurred were $250 higher than budgeted. (1) 1977 Guaranteed Entitlement Revenue Bonds (Fund 204) fiscal agent fees'- recognize 1995 carry forward in the amount of $294 in order to appropriate for the additional fees. (2) Commercial Paper (Fund 299) - recognize a $94,470 increase in the operating transfer from Regional Park Fund 345. In addition, $480,530 from budgeted interest payments will be tranferred to the principal object code to coincide with actual payments made. (3) Note I-1 (Fund 244) . recognize 1995 carry forward in the amount of $250 in order to appropriate the additional amount for the annual interest payment. GROWq'H MANAGEMF__~T: None RECOMMENDATION: The Board of County Commissioners approve the attached budget amendments for fiscal year 1996 in order to finalize the County's debt service funds. Prepared by:" / c.-~, t~-¥ Date /9/e? Teri O'Connell, Senior Accountant/Clerk to the Circuit Court Reviewed by: Date James Mitchell, Finance Director/Deputy Clerk Approved by: Date Dwight E. Brock, Clerk to the Circuit Court ,o. I~_ HAE 2 5 1997 T A M N M ~~'T ' T "UND TITLE Date prepared: If previously approved, BCC Agenda Date: _ Co~ Center Title -- / / EXPENSE EXPENDITURE _ OBJECT COOT ?g~2-oo Cost Center No. EXPENDrTU.E TFrLI~ (FUND NO.) Item No. BUDGET DETAIl cost Cenler No. ~[XPEN~ITURE TITLE To{aJ Center Title E~PENDITURE OBJECT CODE For Budget/Finance Use Only BA# JE~ BARS A.P.H. Date TO BCC YES NO Attach Executive Summary Projecl Title INCREASE Project No. CURRENT REVISED $. $ Projec~ Thle INCREASE $. $ Project No. CURRENT REVISED TotaJ $, Cost Cen~er Tkle REVENUE OBJECT COOE REVENUE BUDGET DETAIl ~/?~/o Cost Cemer No. Projec~ Title INCREASE No. CURRENT REVISED $. NO.lb r"t ~, s-- :-:~ 2 5 !997 _ .2 s'"C) Tota~ $ Why are funds needed? EXPLANATION V~ere are furx:~s av-dga~e? DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.,~ NO.: Form No. CC004 10/01/~ BUDGET ND TITLE (FUND NO.) A M E N D M E-I'~T RE~QUES~ If previously approved, BCC Agenda Date: / / Item No. EXPENSE BUDGET DET~II, Project Title INCREASE EXPENDITURE TITLE,_ $ Cost C, enler Title Cost Center No. ID(PENDITURE OBJECT CODE___ _ '7/zo0 For Budget/Finance Use Only Baa JE~ BAR # A.P.H. Date TO BCC YES NO Attach Executive Summary CURRENT $, $ /,27,'.~ S $ Proiec~ No. REVISED $,, Cenler Title EXPENDITURE OBJECT CODE Cost Cenier No. EXPENDITURE TITLE Project Title INCREASE $_ Prc.jec~ ho. CURRENT REVISED $ $ S S TotaJ $ Co~ Center REVENUE OBJECT CO~[~ BEVENUE BUDGET DETAIN Cas~ Cemer No. Prc~ec~ Title REVENUE TrTLE INCREASE $,, CURRENT Pt~C~ NO. REVISED BUDGI~T 5 'Nhy are funds needed? COST CENTER DIRECTOR: ~ DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF 8OARD ADMIN: INPUT BY: B.A. NO.: Form No. ~0/0~/90 T A M N M -N~'T ' T TITLE (FUND NO.) Date prepared: For Budget/Finance Use Only BA# JE# BAR # A.P.H. Date TO If previous~/approved, BCC Agenda Date: ~ Item No. Co~1 C~nter No. EXPENDITURE TIT BCC YES NO Atlach Executive Summary Project Title Project No. INCREASE CURRENT REVISED $_ $__ $. S-- S__ $. Center 1-rtl e EXPENDITURE Cc~ Center No, TotaJ $~ $~ S~ s Prcject Title IN'CREASE S. Prcje<= No. CURRENT REVISED $ S~ at, $ $~ $ S. To~ $ Ccst Center T'~le REVENUE OBJECT COOE REVENUE Cos~ Center No. BUDGET DETAIl Project Title INCREASE REVENUE TrT[.~ ~ Prcjec~ S CURRENT REVISED ~ BUDGET s 2 5 1997 EXPLANATION . are funds needed? Where ara funds available? COST CENTER DIRECTOR: REVIEW PROCE~;~ DIVISION ADMINISTRATOR: BUDGET DEPARTMENT: AGENCYk~NAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADM1N: INPUT BY: B.A. NO.: Fcrrn No. CC;C.,4 I 0/0 ~/~ EXECUTIVE SUMMARY RECOMMENDATION TO ISSUE A CLAIRVOYANT PERMIT TO ANNA MARIE NICHOLAS OBJECTIVE: To issue a clairvoyant permit. CONSIDERATIONS: Mrs. Anna Marie Nicholas inadvertently applied for an AstrolOger,s permit on February 28, 1997 and reapplied for a clairvoyant,$ permit on March 11, 1997. The Board approved the Astrologer's Permit on March 11, 1997, however, this permit was not issued due to the fact that the applicant desired a clairvoyant permit. According to Ordinance 81-42, the applicant shall have been a resident of Florida for at least (6) months; shall have furnished at least five written statements from reputable citizens of the County indicating that the applicant has established good moral character; that a recent photograph be submitted; and that a background check be done on the applicant. Mrs. Nicholas has provided the necessary information as well as a recent photograph and has completed an application for a clairvoyant's permit. All paperwork was submitted to the Sheriff's Office for a background check and their records indicate that this applicant has had no adult arrest record. Therefore, all pertinent information is in order. FISCAL IMPACT: None. ~ECOMMENDATION: That Anna Marie Nicholas be issued a glairvoyant permit whereupon she will obtain an occupational license for same. PREPARED BY: APPROVED BY: M~reen Ken~yon,I 96pervisO~ Bbard Minutes & Records Clerk~f the Circuit Court MAR 2 5 1997 AME Nicholas Anna Marie ADDRESS 1872 South Airport Road F 0 P.M~R ADDRESS None MARITAL STATUS Married NAME OF SPOUSE Steve Nicholas DRIVER'S LICENSE NUMBER/STATE N-242-053-76-681-0 (Florida) TI~L~-PHO.~IE NO. 775-3788 SOC. SECURITY NO. 067-62-3325 DATE OF BIRTH 5-21-76 EMPLOYED BY PLACE CF BIRTH Baltimore, Maryland Doris Palm and Card Reader PREVIOUS EMPLOYER None Attach: ~'~ ="~ from 5 reputzble 5 written-, statements cr ~...d_..'~.- clt~zens o' Co!!~ -Ccunty, as to moral character Prccf of ~crida resiC~ncy for o~ .e_=. si:: Recent photograph. ,A, GENDAJTEM~ -, HAR 2 5 1997 pg. ,'7., ~.j PERMIT FOR CLAIRVOYANTS PERMIT NO. 97-1 STATE OF FLORIDA ) COUNTY OF COLLIER) WHEREAS, ANNA MARIE NICHOLAS has made application to the Board of County Commissioners, as required by Ordinance 81-42, for a permit to apply for an occupational license to practice clairvoyance in Collier County, Florida; and WHEREAS, ANNA MARIE NICHOLAS has complied with all requirements of Ordinance No. 81-42 and the Clerk has made investigation and examination of the application as required; NOW, THEREFORE, this permit to apply is hereby granted to ANNA MARIE NICHOLAS in accordance with Section 27 of Ordinance 81-42. WITNESS my hand as Chairman of the Board of County Commissioners and the Seal of Collier County, attested by the Clerk in and for said County, this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk Approved for legal form ~ff~iency TIMOTHY L. HANCbCK, CHAIRMAN MAR 2 5 1997 07-I?.lll ' MAR 2 5 t:~67 Collier County Govt. Complex Bldg.. J 3301 Tamiami Trail, Easl, Naples, FL 33962 Telephone (AC 941) 774-4434 DAT£z JANUARY 26, 1997 H~CHOLAS, ANNA MAR~E 05-21 - 76 Except am may be entered below, am o~ thJe date, the Colller County Sheri~f'm O~fice ham no reCord o~ arremt on the abowe named ~ndividual ~or the pamt ten (10) yearm. Sealed and expunged ~eco~dm were not mearched. A recordm check by our agency prov~dem ~.~ local, CollXer County arre&.t ~n~ormationo A~dav~t 5m accurate i[oi- t~e date o~ ~nquiry only. No other rePreSentation ~ made. Unle~ thim im an original docu~nt v~t~ ~n lette~ead, do not accept. Cop~em are not authorized. ~_A TE ARRESTED ~ NO ADULT ARREST RECORD. -~or: Don Hunter, Collier County Sherif~'m O~lce Teresa D. Hollie 3381 6th Avenue, S.E. Naples, Florida 34117 December 5, 1996 To Whom It May Concerns ! have known ~nna Haria Nicholas for one (1) year. ! would highly reco~'end her for anything that she would chose to do. She is 'a very honest individual. She is definitely deserving of licensing. Pleas feel free to contact me. Sincerely, Teresa D. Hollts AGENDA ITEM,. MAR 2 5 ;997 Michael J. Kehl, P~esident/CEO WORLD WIDE TECHNOLOGY MARKETING, INC~ 801 12th Avenue South Suite ~)0 Office: 941/435-9855 Naples, FL 34102 Fax: 9~1/435-9858 mall: mj kehl(~vorid neLatt, uet January 7, 1997 Please consider this letter of reference for Ms. Anna Nicholas. I have known Anna for a year and one half. She is of good moral character as well as a very reliable and responsible person. Anna is tl'~vorthy and a kind and considerate lady. Regards, President/CEO AGENDA ITEM, MAR 2 5:997 Panther Security Investigations & Information. Inc December 3, 1996 To Whom It May Concern, I have known Anna Maria Nicholas for over one and one half (1~) years. She is a very honest, forthright and conscientious individual. I would highly recommend her for anything abe would choose to do. She ia definitely sincere in her actions and deserving of licensing. Anna resides at 1872 South Airport Road, Naples, Florida. Please feel free to contact me for any further recommendation or questions. Paul E. Wilson, Director 2386 Linwood Ave. Naples, Florida 34112 · 941-417-0707 d.b.a.L.E. Wilson Sr. P.L. · FL Llcll IIA9300103 Panlher Securlly Service · FL LIc # B9300146 Pg. ~ 24 Janua~1997 Re: Anna Mafia Nicholas TO WHOM IT MAY CONCERN: I have known Anna Maria Nicholas for over one year and can attest to her honesty and integrity. I recommend that her permit be granted and support her application. I have been a resident of Collier County, Florida, for over ten (10) years. '~j[~mHead ?END,A I ~ ·. _~7~..~ NAR 2 5 f9~t7 Pg. lO A Y RATIFY THE SHERIFF'S OFFICE'S AWARD OF RFP NO. CCSO97-001 TO RCC CONSULTANTS, INC. FOR COMMUNICATIONS CONSULTING SERVICES RELATED TO THE SHERIFF'S OFFICE'S ACQUISITION OF A COMPUTER AIDED DISPATCH (CAD) SYSTEM. OBJECTIVE: To award a contract to develop specifications for the development, installation, and operational start-up ora state-of-the-art CAD system to support a multi-step sealed bid process and identify hardware and software currently used with the CCSO's existing CAD system that can be integrated into the new system. The consultant will assist the CCSO in the review of all written proposals in response to the Request for Information and prepare a summary and recommendation report. DESCRIPTION: The CAD system includes all hardware and software needed to provide improved management of incident tracking by dispatchers. A single screen will provide information on multiple incidents as well as geographic information. A large display will enable other dispatchers to follow and assist during critical contingencies. Subsequent to adoption of the project budget, the Sheriff's Office issued a Request for Proposals in accordance with their administrative procedures. A selection committee appointed by the Sheriff has reviewed the proposals and ranked RCC Consultants, Inc 5rst. A summary of the selection committee's rankings is attached. Given that the funds for the agreement are appropriated in the BCC's Facilities Capital Fund (301), ratification of the Sheriff's award is requested. Upon ratification by the BCC, the Sheriff's Office will execute and administer the agreement. AGENDA ITEM NAR 2 5 1997 pg._ I ~: The cost of the consulting contract is $80,092. Funds ar~; currently available in Fund 301 (Facilities Management County Wide CIP), Cost Center 611010 (Law Enforcement--Paid by Sheriff). The total estimated cost of the project is $850,000. During the BCC's FY 97 budget workshops the Board decided to phase the expenditures over two years. $400,000 is budgeted in FY 97 GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners ratify the award of RFP No. CCSO97-001 to RCC Consultants, Inc. in the amount of $80,092. SUBMITTED ate: Date:/' AGENDA ITEM HAR 2 pg. RFP tCCS097-geL, COMMUNICATIONS CONSULTANT CAPTAIN SANDERS (MAX 7e PTS) CRYSTAL KINZEL (MAX 7e PTS) CHRIS NIND (MAX 7e PTS) OAMIEN DEANDRES (MAX 7e PTS) MIKE RICE (MAX 7e PTS) REFERENCES - 3 EACH (10 PTS) PRICING (20 PTS) TOTALS INFORMATION RCC WARNER ANALYTICS CONSULTANTS GROUP 38 65 69 49 55 10 2O 306 mmmmmmmmmmm 67 70 70 60 65 69 65 7O 10 10 357 mmmmmmmmmm 7O 7O 10 349 AGENDA ITEM No.. ,~' ~ (.bi NAR 2 5 ~97 P~. ~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AN AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES AREA ACCOMMODATIONS ASSOCIATION, INC. FOR THE AWARD OF TOURIST DEVELOPMENT TAX FUNDS IN THE AMOUNT OF :$489,058.00 FOR ADVERTISING AND PROMOTION (CATEGORY BI). OBJEX: To approve a revised agreement. CONSIDERATIONS: On December 17, 1996 the Board of County Commissioners approved the award of funding to the Naples Area Accommodations Association, Inc. in the amount of $489,058.00 a~er reco~endation by the Tourist Development Council. On January 7, 1997, the Board of County Commissioners approved the standard form agreement which was never signed. Since approval of the standard agreement, the Naples Area Accommodations Association, Inc. has requested the following changes: 1. That in lieu of the accounting requirements, the GRANTEE shall make its books available to the COUNTY for its inspection and review for a period of three years fi.om the date of the Agreement. 2. That the following language be deleted fi.om Section 8: "GRANTEE shall reimburse the COUNTY all funds expended by COUNTY under this Agreement if the GRANTEE terminates this Agreement." 3. That if the GRANTEE's general liability insurance increases as a result of adding additional insured parties under this Agreement, then the increased cost shall be an eligible and reimbursable expense. 4. That the length of term is changed to two years instead of one year. There are also additional minor changes in the attached Agreement. FISCAL IMPACT: Funds are budgeted in Fund 194. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached agreement in lieu of the previously approved Agreement and authorize the Chairman to sign the same. Heidi F. Ashton Assistant Count)' Attorney Date Approved by: David C. Weigel County Attorney f:Mxecutive summ~ry'0qaples Area Accommodations TDC Agreement Date 2 5 1997 Pg. ] Jt TOURISM GRANT PROGRAM ADVERTISING AND PROMOTION AGREEMENT THIS AGREEMENT, is made and entered into this 7th day of January, 1997, by and between Naples Area Accommodations Associa- tion, 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 COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for activi- ties and events intended to promote, advertise and bring tourists to Collier County for the period between May through November each year, hereinafter referred to as "target period"; and WHEREAS, GRANTEE applied to the Tourist Development Council and the COUNTY for funds to promote Collier County as a tourist destination through promotional activities common to destination marketing; and WHEREAS, the COUNTY desires to fund promotional activities. WITNESSETH: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The above recitals are true and correct and are incor- porated herein. 2. SCOPE OF WORK: GRANTEE prepared a written detailed proposal outlining specific project(s)/activity(ies) to be provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as "PRQPQSAL." - i - 2 5 The PROPOSAL is attached hereto and incorporated herein as Exhibit "A". GRANTEE shall provide the project(s)/activity(ies) outlined in the PROPOSAL within the budget provided in the PROPOSAL. All expenses incurred in connection with PROPOSAL as incorporated herein will be considered eligible expenses subject to reimbursement or payment by the COUNTY under this Agreement. 3. PAYMENT: The maximum payment under this Agreement shall be Four Hundred Eighty-Nine Thousand Fifty-Eight Dollars ($489,058.00). The GRANTEE shall be paid for expenditures incurred for the project(s)/activity(ies) upon submittal of an invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation whatsoever to make payments for goods or services in excess of, or not included in the PROPOSAL or to make payments using any source of funding other than the Tourist Development Tax or to make payment to the GRANTEE or any vendor in advance of providing the service. Any payment made by the GRANTEE which is shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for payment. Any expendi- tures which have been paid to the GRANTEE which are subsequently determined by the COUNTY to be an ineligible expenditure shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the expenditure or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any remaining grant funds. Provided, however, the COUNTY shall provide written netice of GRANTEE of such ineligi- bility within 60 days of receipt by the COUNTY of the audit or accounting of funds required under Section 9, or payments made will be deemed proper. - 2 - 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Co~unissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the promotion, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory In the event that the cost of GRANTEE's general liability insur- ance increases as a result of adding such additional insured parties under this Section 4 then such increased cost of insur- ance shall be an eligible and reimbursable expense. 5. INDEMNIFICATION: The GRANTEE, in consideration of TEN DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or inciden- tal to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obliga- tion under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance ~rntection. AGENDAITEM 2 5 13 7 -- 3 -- Pg. ~ 6. NOTICES: Ail notices from the COUNTY to the GRANTEE shall be deemed'duly served if mailed by registered or certified mail to the GRANTEE at the. following address: Joseph Dinunzo, President Naples Area Accommodations Association, Inc. P. O. Box 111195 Naples, FL 34101 Ail notices from the GRANTEE to the COUNTY shall be deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notifi- cation. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE or to constitute the GRANTEE as an agent of the COUNTY. 8. TERMINATION: The COUNTY or the GRANTEE may cancel this contract with or without cause on at least 30 days advance written notice of such termination and specifying the effective date thereof. If the COUi{YY terminates this Agreement without cause, the COUNTY will pay the GRANTEE for all expenditures contracted to pay up to the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is deter- mined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GRANTEE's remedies shall be limited AGENDA ITEM - 4 - Iq .R 2 5 1997 to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GRANTEE terminates this Agree- ment without cause, GRANTEE shall pay to COUNTY all funds ex- pended by COUNTY under this Agreement required by the Agreement. For purposes of this Agreement, cause shall mean failure of either party to perform its duties under the Agreement. 9. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting and project(s)/activity(ies) records. GRANTEE shall make its books and records available to COUNTY for its inspection for a period of three years from the date of this Agreement. All revenue related to the project/activity should be recorded, and all expenditures must be incurred within the contract period. GRANTEE is required to submit annual financial statements on the expenditures of the grant. Failure to submit acceptable financial statements will result in the cessation of payments on all grant contracts the GRANTEE may have with the COUNTY at the time, effective on the date the submissions become overdue. Under such circumstances, no further payments will be made for the duration of contract periods and any payments already made shall be subject, at the sole discretion of the COUNTY, to later return to the COUNTY if acceptable statements are not submitted as required, or if the payments are later shown to not be eligi- ble. 10. TERM: This Agreement shall become effective on January 7, 1997 and shall remain effective for two years. 11. REQUIRED NOTATION: All promotional literature and media advertising produced with tourist tax revenues must include a visible reference to "Collier County, Florida - (~og.o~,~A)!~.\ - s - 2 5 1 97 Cooperative Effort Funded by the Collier County Tourist Develop- ment Tax." 12. INELIGIBLE EXPENDITURES: The following expenditures are ineligible and shall not be paid by grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-time staff. Employment of person- nel not directly related to the activity or proj- ect. c. Real property. d. Capital Improvements, including but not limited to new construction, renovation, restoration and in- stallation or replacement of fixtures. e. Tangible personal property, including but not lim- ited to office furnishings or equipment, permanent collections or individual pieces of art. f. Interest, or reduction of deficits or loans. Ex- penses incurred or obligated prior to or after pro- ject funding period. g. Prize money, scholarships, awards, plaques, or cer- tificates. h. Travel not associated directly with project. i. Projects which are restricted to private or exclu- sive participation except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. j. Private entertainment, food or beverages except for invitational events which require a prequal~j,~..~l~M~ - 6 - 1'.~.~ ~ 5 pg. tion of participants through proven ability to gen- erate hotel room nights during the Naples' area shoulder season. k. Making payments for goods or services purchased for previous or other events. 13. AMENDMENTS: Any changes in the project(s)/activ- ity(ies) such as project dates, key participants, and budget revisions must be submitted first to the Tourist Development Council and then to the Board of County Commissioners for consideration, approval and contract amendment by the Board, if applicable. 14. PROMOTIONAL MATERIALS: All promotional materials, including but not limited to artwork, brochures, posters, and promotional items, shall be approved by the TDC before articles are printed. 15. The Tourism Grant Program Guidelines, Grant Applica- tion, and Contract Administration Guidelines are incorporated herein by this reference, except where these guidelines are in conflict with this Agreement. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respe- ctively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - 7 - TIMOTHY L. HANCOCK, Chairman Pil. WITNESSES: GRANTEE (1) Naples Area Accommodations Association, Inc. Printed/Typed Name (2) By: Printed/Typed Name Joseph Dinunzo Printed/Typed Name President Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney f'",e'.AAgreementsNaples area Accommodations Association Revised 3/6/97 (corporate seal) AGENDA IT_EM Pg. ? 1997 TOTAL PROGRAM BUDGET PROMOTION AND MARKETING includes mtd~a placement International pubhcat~ons Domestic yub licat~ons - Pubti¢ Relatiom professional s~'vices Includes strategic planning, facilitan'ng rear. ting plans, designing promot~or~l materials and prograrns, and media liaison services . Production includes graphic design and lay. out services, slide reproducn'ons, text rranslar~¢n and photograph)' - Brochures includes the repnnnng of desnnanon g~ides and other collateral . Media l~ladora Exp~nscs includes photocopies, mileage, news release postage and press excursion expenses . Travel Agent Relations Expcr~es includes communications, mileage, postage and on-site famihanzanon expenses - Trade Show Expenses includes booth regJstranOn, supphes and per dlem expenses - Collaborative Efforts w/Mar~ Island & The Everglades Convention 8: Visitor Burr, au includes familian:anon trips, trade shows and jol'nt advern$ing - Market Research includes collecnng and assembling occupano' and v~s;tor data - Clipping Sera'ce TOTAL 62,058 30,O00 102,000 45,000 55,000 50,000 25,000 35,000 30,000 50,000 5,000 $489,058