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Agenda 01/14/1997 R COLLIER COUNTY BOARD OF COUNTY COMM?SS?ONERS AGENDA T~slday, JILnua~7 14, 1997 9~00 a.m. NOTICE~ ALL PERSONS WISHING TO SPF2tK ON ~ AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS TI~ BOAJLD ON IUBJECTS WHIC~ J~ NOT ON T~IS AGENDA M~ST BE IUBM"ZT~ TN ~ITTNG N"ZTH EXPLARAT~ON TO ~ COU~TI'Y MANA(~ER AT I,ZA~T 13 DAYS PRIOR TO THE DATE OF T~Z MEETING ~ N~LI, BE ~JtD 13~lD~lt aPUBLIC PETITIONSa. A/TY PERSON WHO DZCIDES TO A~PEA~ A DBCIiION OF T~"ZI BOAJ~D WILL N~ED A RECORD OF '~'~ P]tOCZEDTN(~S PE]tTAI]~i~ THERETO, AJ~D T~IEREFORE HAY ]TEED TO ENSU]t~ T~AT A VERBATIM RECORD OF TH~ PROCEEDINGS IS MADE, ~ICH ]~ECORD INCLUDES THE TESTIMOIqT ARD ~VIDENCE UPON WHIC~ T~ APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS W~LL BE LIMITED TX) FI~ (S) MINI~T. ES U~'LESS PERMISSION FOR ADDITIONAT' T3~ II GRA~TTED BY THE CHAIR2~. ASSISTED LISTENING DEVICES FOR T~ H~iNG I](PAIR3~D AVAIIUtBLE IN T~E COUNTY COMMISSIONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12~00 NOON TO 1~00 P.M. 1. IN'~OCATION 2. PLEDGE OF ALLEGIANCE 3. ~PROVAL OF AGENDA AND CONSENT AGENDA 4. ~?~QvA~ Or MI~ES 5. ~ROC~AHAT~ONS ~ SERVICE AW)OU:)S Prcclama:ion proclaiming Januar%, 12-18ch as Youth Haven week. To be accepted by Jane Ryan, Presiden= of the Board of TTusCees of Youch Haven. B. Se~ice Awardl Sceven Epr~ght - EMS - 10 years C. PrelentaCi~ (1) Recommends=ion co recognize Harold ~ice, Fleet Management Department, Support Se~ices Division, II Employee of the Month for Janus., 1997. (2) Recc~mendacion Co recognize Lands Denning, ~lic Services Division, as Employee of the Year for 1996. 6. APP~OVAL OF CLERK'S REPORT A. ~ALYSIS OF C~GES TO RESER~S FOR CO~ING~CIES 1. General Fund (001) 2. CommunlCy Developmen: Fund [113) 1 Janua~ 14, 1997 Facilities Construction Fund I301) 7. PUBLIC PETITIQ~ 8. COUNTY MANAGER'S REpOrT A. COM~4~NITY DEVELOPMENT & ENVIRONMXNTAL SERVICES (1) Water and sewer facilities acceptance for Ouail West, Phase One, Block A. (Continued from the meeting of 1/7/97) B. PUBLIC WORKS Recommends=ion =hat the Board adopt a resolution conde~nation of fee simple title for road Right-of-Way for parcel 102A required to complete the four-laming roadway improvements for C.R. 951 Phase II from Rattlesnake Hammock Road =o Davis Boulevard. Approve a resolution for the tentative award of a construction con=fac= at the South County Regional wastewa=er Treatment Facility. (1) Recommendation that the Board of Collier County Commissioners determine whether to proceed with a pc:iriSh to =he Collier County Legislative Delegation Hearing concerning a special bill that would allow for the use of tourist =axes for =he acquisition and improvement of beach access and parking-related facilities. (2) Recommendation that the Board of County Commissioners reject RFP No. 96-2482 for grant application services. (Continued from 1/07/97 meeting.) D. SUPPORT SERVICES E. COUNTY MANAGER 9. COUNTY ATTORNEY'S REPORT Recommends=ion that the Board of County Commissioners consider an amendment to =he contract between Collier County and =he PGA Tour, Inc., for the funding of the 1996 Greater Naples IntelliNet Challenge and other amendments to Category B contracts. Consider approval of an agreement between Collier County and the Challenge Foundation0 Inc., for the funding of the 1997 PGA Golf Tournament with Tourist Development Tax Funds and a~proval of an agreem~,t be=ween the Greater Naples ChaTber cf Commerce, Inc., and Collier County for funding of fulfiil~ent with Tourist Development Tax funds. 10. BOARD OF COUntY CO~LMISSION~ A. Appoin=men= cf men. ers to the ~elican Bay MSTBU Adviscry Commie:ce. Board ac=ion regarding change of usage from Hopewood for use by the Guadalupe Center to establish child care. (Commissioner Berry} C. Appoin:ment of members to the Library Advisory Board. January 14, 1997 'l'hXa ~.aolu~Xon adopted thXa _ _ day o~ . 3 l~gT~ a~a~ BOtlOn, eacond and B&~oritY vote, $ ATTESTt D'd'XGHT E. BROCI~, CX,~.I~ Approved aa to roz~ and legal auf£1ciancYt lO 11 12 14 15 19 20 21 22 23 24 26 27 29 30 32 33 C)&vid C. WeAq&X ~,~ County A~toFne¥ BOARD OF CO~4TY COPa4ISSIOIIERS COLLIER COUNTY, FLORIDA BY: C~AXPJ~A~ Lots 25-31, Block 219, Golden Gate Unit 6, in Sec. 28, T49S, R26E, consisting of 1.$~ acres. (Companion to Agenda Item 13A.(2) C. ~TI. IER (1) Peuition DRX-96ol, Alan R. Reynolds, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Sunco Building Corporation, requesting development approval of the 'Island Walk', a mixed use development of regional impact containing s maximum of 2,100 mixed dwelling units, recreational, open space, and community service element, a 'town center" providing retail, recreational and community services, and multipurpose green space located on Vanderbilt Beach Road (C.R. 862) between Interstate 75 and C.R. 951, more specifically including all of Sec. 33, T48S, R26£, and part of Sec. 34, T48S, R26E, consisting of 705~ acres. (Companion to Agenda Item 12B.(2), CONTINLTED TO 1/28/97). {2) Petition AV 96-032 for the vacation of a portion of a five-foot utility easement on Site 5, Block D, Pelican Bay Unit 4, as recorded in Plat Book 13, Pages 30-32, inclusive, of the Public Records of Collier County, Florida. (3~ Recommendation that the Board of County Commissioners adcp~ an ordinance amending Ordinance No. 89-11, the Beach and Wa=er Safety and Vessel Control Ordinance. 13. BOARD OF ZONING APPEA~S A. ~tDVERTISED PUBLIC HEARINGS (1) Pc%irish CU-96-19, Donald P. Ricci, requesting Conditional Use "1' of the RSF-3 Zoning District for property located on Lot 20, Block 414, Marco Beach Unit 13, in Sec. 20, T52S, R2$E. (2) Pezition V-96-7, Bill Hoover of Hoover Planning Shoppe and Michael J. Landy of Butler Engineering, Inc., representing Leonard and Wands Raichert, Carry1 J. and Carmel J. Damico, Leonard L. and Lisa C. Swirda, Janice Sweeney, Cottongim Realty and Development Co., and Sid A. Skidmore, requesting a 9 foot variance from the required front yard setback of 40 feet to 31 fee: on Lot 28 and s 3 year delay from the requirement to hook up to exiszing central water facilities on LO= 28 for property located on the north slde of Golden Gate Parkway at the northeast in%ersection of Golden Gate Parkway and 55th Street S.w. in Golden Gate City, Lots 28-31, Block 219, Golden Gate Unit 6, in Sec. 28, T49S, R26£, consisting of 1.5~ acres. (Companion to Agenda Item (3) Peri%ion V-96-27, Marlo Lamendola representing Guy Fracases, requesting a 10 foot varian=e from the reT=ired 15 foot side yard setback to 5 feet for property 1ocs%ed at 10823 Tamiami Trail North, fur%her described as Lots 6-12, Block 3, Naples Park, Unit Nc. 1, in Sec. 28, T48S, R26E. (4) Pe:iticn CJ-96-22, Miles Scofield representing David M. Ogilvie, requesting Conditional Use "1" of %he "RSF-4" Zoning District to allow for a boathouse for property located at 279 3rd Street in Bonita Springs. 4 January 14, 199~ (1) Petiti,:n CU-95-16, Terrance L. Kepple representing C'~res$ Wood Presbyterian Church, requesting an extension of Conditional Uses "1" and '3" of the 'E' Estates Zoning District =o allow for a church and child care facility that has previously received Conditional Use approval for property located on the sou%h side of Golden Gate Boulevard in Sec. 11, T49S, R26E, consisting Of 4.92 acres. 14. BOARD OF COUntY COMMISSIONERS' COFiMUNICATZONS 15. STAFF'S COM)gJNICATIONS 16. All matters listed under this item ara considered to be routine And action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from tho Consent agenda And considered separately. A. COMMUNITY DEVELOPMENT & ZNVIRONMENTAL S£RVICES (1) Recommendation to approve for recording the final plat of "Sabal Lake, Unit Two". (2) Recommendation that the Board of County Commissioners authorize waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services impact fees, and educational facility system impact fees for nineteen (19) single family houses to be built by Immokalee Habitat for Humanity, Inc., in the Bull&rd Subdivision in Immokalee and to fund said waivers from Affordable Housing Trust Fund, Fund 191. (3) Recommendation to approve for recording =he final plat of "Pelican Lake R.V. Resor:, Unit One". (4) Petition AV-96-031, recommendation to approve for recording the final pla~ of "Naples Hera=age Golf & Country Club Tracts 'B' & 'C5' Rep1&=" and approve the vacation of portions of the recorded plat of "Naples Heritage Golf &Coun:ry Club, Phase One". (Continued from the meeting of 1/7/97) (5) water facilities acceptance for Diamond Lake, Phase 1 (Mirage). (Continued from the meeting of 1/7/97) puaLzc wo~x~ Recommendation to approve an implemen:ation plan for a drainage ou=fall to serve the west end of Erie Drive through Willougby Acres. Recommendation to .approve ~he purchase of ready mix/mobile concrete for the Road and Bridge Section in accordance with Bid #96-2610. (3) This item has been dele%ed. {4) A~Drove Change Order No. 1 to Work Order ~VB-1S (under Ar. nual General Contractor Contract #RFP 95-2234) to Vanderbilt Bay Construction, Inc. (5) This item has been deleted. January 14, 1997 (6) This item ham been deleted. (7) Approve Budget Amendments recognizing carry forward amounts FY 1996 for Parks Projects in Funds 34S, (8) This item has been deleted. (9) Approve & Proposal for cons=ruction of reclaimed water facilities within the Right-of-Way of Davis Blvd. (10)Approval of a Landowner Contribution Agreement for =he North Naples Roadway MSTU (Living,ton Road) Project. (11)Recommendation to approve a Road Impact fee Contr!bu=£on Agreement for S.R. 951 four-lantng with 951 Land Holdings Joint Venture. (12)Approve a Professional Agreement with Coastal Consultants, Inc. to provide professional engineering services related to the implementation of the Wiggins Pass Inlet Management Plan. C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Commissioners approve a contract between Collier Coun:y and Dr. Matte U. Coburn, M.D., Florida Dis=ric~ 20 Medical Examiner for Collier County Florida doing business as District 20 Medic&l Examiner. (2) Reco=menda=ion that the Board of County Commissioners approve a continuation contract for the Older Americans Act Grant funding and sign the related contract and budget amendment documents. D. ~UPPORT SERVICES (1) Recommendation that the Board of County Commissioners approve a resolution authorizing =he Chairman of the Board of County Commissioners =o execute Limited Use License Agreements for the current Chairman's tenure only. (2) Recommendation =hat =he Board of County Commissioners approve the attached three {3) resolutions authorizing the Board of County Commissioner's Chairman to execute =he appropriate documentation required to expedite the County's Land Rights Acquisit:ion Program for =he current Chairman's tenure only. (3) Recommendation =ha= =he Board of County Commissioners approve and accept =he attached Resolution au:horizing the Chairman of ~be Board of County Commlssloners, Collier County, Florida, =o execute deeds and agreemen%s for deed to right of interment for =he purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. Recommendation tha= =he Board of County Commissioners approve the a=tached Resolu:ion authorizing the execution of purchase agreements and st,tutory deeds for the G.A.C. Land Sales Trust conveyed =o Collier January 14, 1997 County by Ava:ar Properties Inc. (Agreement dated NoveTber 15, 1983), by the Chairman of the Board, for the current Chairman's tenure only. (5) Recommendation for approval of Agreement and Adoption of Resolu=ion authorizing the execution and acceptance of said Agreement between the State of Florida Departmen: of Community Affairs and Collier County regarding certain £mergency Management-related activities. Recommendation that the Board of County Commissioners have the Chairman sign a budget amendment reallocating funds for the software upgrades to the Naples and Immokalee Scelehouse Computer System. COUNTY MANAGZR (1) Budget Amendment Report. F. BOARD OF COUNTY COMMISSIONERS ~. MISCEL~JtNEOUS CORRESPONDENCE H. OT~ER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 17. ADJOU]~N - 7 January 14, 1997 B0J3tD OF COUNTY COHI~SIt'r0NERS' NEETTN(i ~ANUARY l~t, 1997 ADDs ITEM 5(B) - PROCLAMATION DESIGNATION JANUARY 20 - 26, 1997 AS DR. MARTIN LUTHER KING WEEK - LORENZO WILLIAMS ACCEPTING AS PRESIDENT OF THE ~PLES/COLLIER BRANCH OF THE NAACP. (BCC REQUEST). DELETE~ ITEM 8(A)(1) (PRIOR APPROVAL AT 1/7/97 BCC ~INO) - WATER AND SEWER FACILITIES ACCEPTANCE FOR QUAIL WEST; PHASE ONE, BLOCK A. (STAFF'S REQUEST). CONTINUE TO 1/28 MEETING - ITEM 12(C)(3) - RECOMMENDATION THAT THE BCC ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 89-11 THE BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE. (STAFF'S REQUEST). CONTINUE TO 1/21 ~TIN~ - ITEM 16(B)(11) - RECOMMENDATION TO APPROVE A ROAD IMPACT FEE CONTRIBUTION AGREEMENT FOR S.R. 951 FOUR-LANING WITH 951 LAND HOLDINGS JOINT VENTURE. (STAFF'S REQUEST). PI~ OCLAMA TION P,/HEREAS, children are the most precious resources of our society; and WHEREAS, providing each child with the love, support, and opportunit)' to grow up as a contributing member of our community is our foremost challenge and mission; and Youth Haven provides our community's only all-children's emergency residential shelter for those children who are abused abandoned, and neglected, or who are at risk of abuse, and supports low income working parents by paying for child daycare; and WHEREAS, Youth Haven has, since its founding in 1970 by Judge Stanley, Bea Harper, and Judy DeTurk, along with the support of our entire communiO; been home to more than 3,800 abused, abandoned and neglected children. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier Count); Florida. that the week qfdanuary 12 through 18 be designated as YOUTH HA VEN WEEK in Collier County and encourage all members of our community to join in the events that are scheduled in celebration o four children and the work of Youth Haven. DONE AND ORDERED THIS 14th Day of January, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHY L. HANCOCK, AICP, CHAIRMAN DWIGHT E. BROCK, CLERK RECOMMENDATION TO RECO(;NIZE HAROLD WHITE, FLEET MANAGEMENT DEPARTMENT, S~PPORT SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR JANUARY 1997. ~: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS~ Harold has been a Collier County employee for five years and was nominated by his Supervisor. Harold's hard work, expertise and supportive attitude have been invaluable to County operations. His enthusiasm, motivation and relentless pursuit of excellence has been an inspiration to other County employees as well as management, and has served as a catalyst for improving efficiency and increasing productivity within his department. Harold constantly strives to improve his personal capabilities and he is an extremely important asset to the Fleet Management Department. Without any reservations, he was nominated and selected as Employee of the Month for January 1997. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the FY 95/96 Management Office budget code 001-100110-649990. RECOM~4E1TDATION: That Harold White be recognized as the "Employee of the Month" for January 1997. PREPARED BY: MI tHELLEJEDWARDB ARNOLD" Assistant to the County Manager pg. / RECOMMENDATION TO RECO(~NIZE LINDA DENNING, P~LIC SERVICES DIVISION, AS EMPLOYEE OF THE YEAR FOR 1996. OBJECTIVE~ The "Employee of the Year" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSiDERATIONS~ Linda is a 19-year .veteran" of Collier County Government, and has gained a local reputation and statewide recognition for her work with 4-H. Supporting and training local 4-H leaders requires formal training, which takes place at least three times per year, and annual beginning and year-end interviews. In a11, 405 volunteers serve 4-H and last year donated 6,066 hours. Activities included 28 teens who completed the "Know Your Government" program, 15 youths who participated in County Council, and 52 4-H members who gained experience in public speaking. Through these and other projects, 2,579 of Collier County's youth have completed at least one 4-H project, all under Linda's guidance. Linda Denning is one of the best, and she continues to strive as the 4-H motto would have us all do . to "Make the Best Better." It is for the above reasons ~ha~ Linda was unanimously selected as the Employee of the Year for 1996. FISCAL IMPACT: "Employee of the Year" selections receive a $250.00 cash award. Funds for this award are available in Management Office budget code 001-100110-649990. RECOMMENDATION: That Linda Denning be recognized as the "Employee of the Year" for 19)6. . Mlchelle Kdwards-Arnold Assistant to the County Manager MEA/cs AGEFjDA,JT, EM. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Januaw 14,1997 CLERK'S REPORT 6A. Analysis of Changes to Reserves for Contingencies General Fund (001) for FY 96/97 Community Development Fund (113) for 96/97 Facilities Construction Fund (301) for FY 96/97 I~o. ~ JA Fi 1 zt 19~)6 ANALYSIS OF CHANGES TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES FY lgg$-g? RESERVE FOR CGNT~NGENC~ES Onginal Budget Current Balance 1/03/97 (RecIuc~o~$) or h'~reeses es a~rD4air~ed below B.A. Date Request 11-27-gG 12-11-9G 12-11-96 12-31-96 EXPLANATICN OF REDUCTIONS Explanation 48 To repair ~e bottoms of the activity and plunge To pay Ubhty exDenses for Immokalee Ch,lc' Care Ce.~ter To re~a,r the Ce,~tral L,bra~! C~,,lle~ 92 Red.ce trams'er to Roacl a~ .~r,=g.~ d.e to a~d reven~e race,ye3 fro roadway swee~:~g a~3 mowing Amendments amounting to less tha'~ S10.000each CNo 29 1'7 66 69 51,) S S 4.675,900 4,643,422 (32_478~ (Reduction)/ (t 6.500 00) (~ ~.000 00) (14.47.5 00) 41.:~0 O0 S (31,803) JAN 1 I 95 ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113) RESERVE FOR CONTINGENCIES: Onginal Budget 10/01/96 Current Balance 1/3/97 (Reduc'dons) or increases as explained below B.A. Date Request RESERVE FOR CONTINGENCIES For the meeting of January 14, 1997 FY 1996.97 $ S EXPLANATION OF REDUCTIONS Explanation 277.400 277,400 (Reduction)/ Total Reductions N ~m,~O~'~ t 3_6w~ NO. (~.~ ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) RESERVE FOR CONTINGENCIES For 1~e meeting date of Januan/14. 1997 FY 1996.97 RESERVE FOR CONTINGENCIES Original Budget 101011~6 Current Balance 113/cJ7 (Reducbons) or ~ncreases as explained below B.A. Date Request 11.13.96 EXPLANATION OF REDUCTIONS Explanation Amendments amOUnting 1o less than $10,000 each (No 25) $ 294.400 00 292,19g 00 S , [2~201~ (Reduction)/ Increase S (2.201 ) Total reduct,on$ s r2.20!) .JAN ! 1996 EXECUTIVE SUMMARY WATER AND SEWER FACILITIES ACCEPTANCE FOR QUAIL WEST, PHASE ONE, BLOCK A 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 Quail West, Phase One, Block A and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Quail west, Phase One, Block A 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 Subdivision Improvement acceptance. FISCAL IMPACT: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the flrst year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost cf operating and ~aintaining the water facilities will be paid by monthly user revenues. 'JAN 0 ? 3397 Executive Summary Quail West, Phase One, Block A Page Two ~ ~M~NT 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 R~C~NDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Quail West, Phase One, Block A, 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 ;net 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 PREPkRED BY: Shirley ~, Engineering Technician II REVIEWED BY: P.E.- .... Engineering Review Services Manager Date Dale AGENDA IT~I~ N3.~ JAt.i 1 99. ',,,lAN 0 ? 997 P~. ~ Executive Summary Quail West, Phase One, Block A Page Three Don ~i~-w/-;~r~-o 1 ~, AICP' Planning Service Department Director COMMUNITY DEVELOPMENT AND ENVIRONM£NTA SERVICES attachments Date Date JAN 0 ? 1997 · ..: LT. BONIT, I~AC::H RD '.',":COLLIER .~.;- ..., :.. _ .~ "' "~-r.;~ .'. ?.=-~-- '~. . ' · t I · ~',-'z,,_.,"...A. 2 ..~. .-....~ ~ · . .. LEE; .iCOUNTY __. COUNTY PHASE TWO , I PHASE ' THREE LOCATION ?2' 846 , ~ 1 ViCI 846 0 2000 SCAL£ iN rE£T AUGUST 1996 JAN 0 "/1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD Al)OPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE FOR ROAD RIGHT-OF-WAY FOR PARCEL 102A REQUIRED TO COMPLETE THE FOUR-LANING ROADWAY IMPROVE~.IENTS FOR C.R. 951 PHASE II FROM RATTLESNAKE-HAMMOCK ROAD TO DAVIS BOULEVARD. D~ulT~LT. I3~ To adopt a Resolution to acquire by gift, purchase or condemnation the fee simple title for road right-of-way for Parcel 102A required to complete the four-laning roadway improvements for C.R. 951 Phase II fi.om Rattlesnake Hammock Road to Davis Boulevard. CONSIDERATION: On September 27, 1994, the Board of County Commissioners adopted Ordinance No. 94-54 therein establishing the 1994 (Sixth Annual) Capi;al Improvement Element of the Growth Management Plan. On April 5, 1994, the Board of County Commissioners adopted Resolution No. 94-225 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four-laning roadway improvement of C.R. 951 Phase II from Rattlesnake Hammock Road to Davis Boulevard. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right-of-way for the construction of this Project is to Parcel No. 102A, being more particularly described in Exhibit "A" of the atxached Resolution. FISCAL IMPACT: The sum of ~ is the maximum fiscal impact for the acquisition and condemnation expenses for the fee simple interest, referenced in Exhibit "A", required to complete the four-laning roadway improvements for C.R. 951 Phase II fi.om Rattlesnake Hammock Road to Davis Boulevard. Road projects are funded across several gas tax and road impact fee funds; therefore, payment of all expenses for this Project will be paid fi.om Fund Nos. 331-340 in Cost Center No. 163650, Project No. 66061, for C.R. 951 Phase II fi.om Rattlesnake Hammock Road to Davis Boulevard. GROW'rH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. JAN 1 ~ 1997 _RECOMMENDATION: That the Board of County Commissioners: (I) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condcrnnation the fcc simple interest for road fight-of-way for Parcel No. 102A required to complete the four-laning roadway improvements for C R. 951 Phase II from Rattlesnake Hammock Road to Davis Boulevard, and PREPARED BY: ~-~-~/' (L~?~-~z'-~ Wilma Iverson, Senior Specialis! Real Propert)' Manage~nt Depa~ment ~E~DBY:~ '~~' '~ ann er -Micah F. ~uol, PMP, Project M g O~of~a~l~] ProJect~Ma.agement ,, ' t '~ ,/~ dolto A. r. tor 0~ of Capital ~r~Je~ts ~anale~ent Int~ri~ Publl~ Work~ Ad~inl~trator DATE.' DATE: EXE('I"i'Is, E ~1 :'. I~$()I.I:TION FOR Tilt: TEN'FATIVE A',X':S. RD OF A ('ONNTRI'("FION , 'x'I'RA('T AT 'File SOI'TII ('OI'NT~' REGION..S,L XVASTE~,X'ATER TREATMENT t(('TIVE: That thc Board of('ounty ('ommissloners of Collier Count', as Iht Ex-Officio ;.x crning Board of the ('oilier Counl.,, Water-.C',esser Distncl. adopl a Re~dution lo tenlatix'el) thc construction contract tbr the South ('ounp,.' Regional Wastessater Trcatmenl Facili~.' jccl (Project ::73053). ','5;II) E RATIONS: On May 7. I%~0 thc Board adopled a Wastessater S)stem 201 Facilities :,~ L'pdate and a Resolution authorizing the application for State Rexolx'ing Funding {SRF} for South Regional Waslessater Treatment Facfl~t5' Phase I improvements and upgrades. :: :;cptcmber 17. 1996 FDEP elevated this project to the fundable portion of their project l,r.~ri/v Iisi. October 22. 1996 the Board adopted a Resolution to apprw,'c thc Final .a. pplicat~on to FDEP ~!~c SRF loan. )a .-\ugusl 14. 19q6 bids ssere receixed for this pro. leer. See attached bid tabulation and Engineers recommendation letter dated December 10. 1996 atlached Resolution is required as part of the final submittal to FDEP of all necessary documents. .-\t,proval by the Counb' Atlome:,."s office is necessary prior to the signature by the ('hmrman FI.',;('A I, IMPACT: Funds in the amount of Si 1.652.000 are currently budgeted for this plo. jeer in sesser capital fund (414). The project budget is funded b) a State Re,,olving fund (SRF} l o Regarding the loan. the project ss'as placed on the current SRF funded list for S!2.052 million. 'r".~c total SRF loan request including design, construction, contingency funds, loan fees and capitalized interest is SI4.659 million. The portion of Iotal project costs not on ~he current SR F fi:,dcd list is expected to be funded in the next SRF funding cycle. Assuming thc full amount is borrossed, the annual payments on the loan ssill be approximately SI. I million. The repaymenl period is 20 )'ears ss~th a fixed inlerest rate expected lo be bersseen 3% and 4%. The pledged repayment source is ss'att and sex,er revenues. In the absence ora u.,~r fi.-e rate adjustment, the S RF debt sets ice payment ss ill reduce funds ax a, lable for rt.'ness al. replacement and enhancement capital funding. GROWTH MANAGEMENT IMPACT: None RE¢'OM.MENOATIONS: Staffrecommends thal the Board of Count' Commissioners. as the Ex..Officio Governing Board of'the Collier CountT,. ' Waler-Sesser DistricL adopt the attached Resolution. 1o 12 15 ~7 20 21 JO ~? RESOt. UTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY ('OMMISSIONERS OF COLLIER COUNTY, FI.ORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF TIIE COLLIER COUNTY WATER- SEWER DI.~;TRICT, PROVIDING FOR TilE TENTATIVE AWARD OF THE CONSTRUCTION CONTRACT FOR TIlE SOl'TH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY PIIASE I TO PROJECT INTEGRATION, INC., PURSUANT TO THE FLORIDA STATE REVOLVING LOAN FUND PROGRAM, SUCH AWARD BEING TENTATIVE L.~TIL FINAL REGULATORY APPROVAL BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION: A t'FHORIZING EXECUTION OF THE CONSTRUCTION CONTRACT DOCIJ.~IENTS BY TIlE CtlAIP~IAN OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE EX-OFFICIO GOVER.NING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. ~?,'IIEREAS. the Board of County. Commissioners of Collier Count)', Florida, as the Ex-Officio the Governing Board of Collier County Water-Sewer District, (the "Board"), wishes to utilize funds from the Florida State Revolving Fund ("SRF") Loan Program for the South Regional Wastewater Treatment Facility Phase I improvements and upgrades and to tentatively award such construction contract to Project lnlegration. Inc.; and WIIEREAS. on May 7, 1996, the Board approved a Wastev,'ater System 201 Facilities Plan Update and authorized, by Resolution, the application fOr State Revolving Loan Fund for the South Regional Wastewater Facility Phase i improvements and upgrades; and WHEREAS, on September 17, 1996, the Florida Department of Environmental Protection ("FDEP") elevated this project to the fundable portion or,heir project priority list: and WIIEREAS, on October 22. 1996. the Board approved a Resolution to approve the Final Application to FDEP for the SRF loan; and .- 1 2 1o 1', 15 l f, 17 21 23 27 25 ::) 30 31 32 34 35 36 ~,V i ! E R E AS. on Au g u :,t 14. 1996. bids u. ere received for this construction rrc~;cct ami r~vi~wed by Ibc ~;o~rd's consulnng en~neenng fi~ of Hole, Montes & Associates. Inc. ~'ho, after reviewing all bids submitted, has recommended that the project construction contract be a~arded lo ~oject lme~al~on. Inc.. Bid No. 96.2551, for tl~c bid amount of S 11,510.000.00. NOW, TI IEREFORE, lie IT RESOLVED BY THE BOARD OF COL,'NTY C~) ..... ~I~5I©.~ ,.RS OF COLLIER COL.'NTY. FLORIDA, AS THE EX-OFFICIO Tii£ GOVERNING BOARD OF TI IE COLLIER COUNTY WAIER-SEWER DISTPdCT, that: SL'CT1ON O."~E: Tentative A~vard Of Construction Contract. The Board of County Commissioners of Colher County, Florida. as the Ex- Officio the Governing Board of the Collier County Water-Sewer District, pursuant to Bid No. 96-2551, tentatively awards the construction contract for the South County Regional Wastcwater Treatment Facility Phase I improvements and U?L:rades to Project Inte~3:ation. Inc. in the total contract amount of $I 1,510,000.O©, subject to final regulatory approval by the Florida Department of Environmental Protection. SECTION TWO: Final A~'ard of Construction Contract. Such tentative award of the construction contract for the South County Regional Wastcwater Treatment Facility Phase ! improvements and upgrades shall bc deemed fi;',al upon final rcgulatoO' approxal b.', the Florida Depanmem of Environmental Protection. SECTION TIll;LEE: Authorization of Construction Contracts. 'lhe Chairman of the Board of' County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer DistNct is auti~odzed to execute :l-,c consm~cfion contract for the South Count).' Regional Wastewater Treatment Facility Project Phase i improvemenh and upgrades. ' -- ' , Th, is Resolution adoptc,J this 997. a fIcr motion, second an ] majority vole, day of _£ 23 24 25 2O 27 28 29 30 31 32 D .... i, : .... ROCK. CLER.:C BOARD OF COL.'NTY COMMISSIONERS OF COLLIER COL .~TY. FLORIDA AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COL .~TY WATER- SEWER DISTRICT By: TIMOTHY L. HANCOCK CHAIRMAN Approved as to form ~nd legal sufficiency: ,Si',irlcy .Icaff McEachem Assistant County Atlomey RESOLU1 IO,~ NO. 9'/- , A I:~ESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GFFT, PURCHASE OR CONDEMNATION O1: A FEE SIMPLE IN~I'EKEST FOR THE CONSTRUCTION OF THE FOUR-LANTNG ROADWAY IM?ROVEMEN~TS FOR C.R. 951 PHASE II FROM RATTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD. WHEREAS, the Board of County Commissioners, on September 27, 1994, adopted Ordinance No. 94-54 therein establishing thc 199 s, (Sixth Annual) Capital Improvement Elemenl oFthe Gro~lh Management Plan in order to establish priorities For Ihe design, acquisition and construction of the various capital improvement I:rojects which comprise the Transportation Element oFthe County's Comprehensive Plan; and V,q-IEREAS, the four-lanmg improvements to C.R. 951 Phase Il From Rattlesnake Hammock Road to Davis Boulevard arc component parts of the Transportation Element oFthe County's Comprehensive Plan; and 'RTIEREAS, the Board oFCounty Commissioners. on April 5, 199.1, adopted Resolution ,No. 94-225 authorizing the County StaFf to acquire by gift or purchase certain easements or fee simple title to the properly and properly interests required and necessa~' for the Four. laning roadway tmprovcments of C.R 95] Phase Il f'rom Raltlesnake Hammock Road to Davis Boulevard, and NOW, THEREFORE, BE IT RESOLVE[) BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it ha~ been determined by the Board that the construetion of the Four-laning roadway improvements for C.R. 951 Phase Il fi.om Rattlesnake Hammock Road to Davis Boulevard, (hereinafter referred to as "the Project") is necessar2:' and in the pubhc's best interest in order to protect lhe health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the Board has reviewed the Staffanalysis regarding alternative locations, environmental factors, cost variables, safety and welfare considerations a.s they relate to the construction oFthe Project and finds that the most feasible location for the road right-of, way for C.R. 951 in the area of Parcel No. 102A is the properly described in Exhibit "A" attached hereto and mcorporated herein, AN'D IT IS FU'RTHER RESOLVED that the construction of the Project is par~ of the County's long range plan that is mcluded in the Transportation Element of the County's Comprehensive Plan; AND IT IS FURTHER RESOLVED that t~ implement construction oFthe Project it is ; appropriate and necessary for the Board to acquire fee simple title in the property identified as : Fa~e ~. P~cel No. 102A, which is more parHcularly described in Exhibit "A', a,ached hereto and incorporated herein. AND IT IS FURTHER RESOLVED lhal the Coumy stalTis hereby aulhorized lo immediately acquire by gil~J, purchase or condemnation in accordance with the provisions of Chaplers '/3, 74 Md 12'/, Florida Sla~ules, lee simple lille Io lhe propemy identified as Parcel No. 102A, being more particularly described in Exhibil "A', attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED lhat no mobile homes are Iocaled on lhe proper~y sough! lo be acquired and Iherefore it will nol be necessary lo remove any mobile homes from lhe prop,:rty lo be acquired This Resolution adopled on this ~ day of .1997, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMIS$1ON'ERS OF COLLIER COL,~TY, FLORIDA · CH AIP~M AN Approved as to form and legal sufficiency: Heidi F. Ashlon Assistant County Atlorney Pa.~e 2 EXHIBIT "A" PROJECT NO. RRBR3 PROJECT PARCEL NO. 102A TAX PARCEL NO. N(141RRRNNNR LEGAL DES~RIPTIQN lmm i The following described property is to be acquired as fee simple interest THE EAST 25 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE NORTHEAST CO~NER OF SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THEN ALONG THE NORTH LINE OF SECTION 15, SOUTH 87 DEGREES 37'14" WEST 100.16 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 951 FOR A PLACE OF BEGINNING, THEN ALONG THE l{EST RIGHT-OF-WAY LINE SOUTH O0 DEGREES 51'53" WEST 892.87 FEE'?; THEN SOUTH 87 DEGREES 43'59" WEST 4870.63 FEET TO THE WEST LINE OF SECTION 15; THEN ALONG THE WEST SECTION LINE NORTH 00 DEGREES 15'23" WEST 882.49 FEET TO THE NORTHWEST CORNER OF SECTION 15: THEN NORTH 87 DEGREES 37'14" EAST 4888.46 FEET TO THE PLACE OF BEGINNING. SKETCH OF L~GAL DESCRIPT~0H (NQT A SURVEY) SCALE: DRAWN BY: CHECKED BY: FILE NO: REVISED: HOT TO SCAL£ PRO,:ES$IO,~AL. j:'AN'~ 'Sd'R~EYOR #2769 ~RANSPORTAT,zON ~ERV[CES D]V[S]ON COLl.[ER COUNTX .GCVERNHENT CONPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 5' I I 2 4 6 ? 8 9 ti 13 19 20 24 27 29 30 RESOLUTION NO. 96- A RESOLUTION AUTIIORIZING TIlE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST FOR THE CONSTRUCTION OF THE FOUR-I.ANTNG ROADWAY IMPROVEMENTS FOR C.R 951 PHASE Il FROM RATTLESNAKE ttAMMOCK ROAD TO DAVIS BOULEVARD. WHEREAS, the Board of County Commissioners, on September 27, 1994, adopted Ordinance No. 94-54 therein establishing thc 1994 (Sixth Annual) Capital lmprovemenl Element of the Grov.'lh Managcmcnl Plan in order to establish priorilies for Ih¢ design, acquisi,on and construction of Ihe various capital ~mprovemcnl projects which comprise Ihe Transportation Element orlhc County's Comprehenstvc Plan; and WHEREAS, the four-inning impros'cments to C.R. 951 Phase l] from Ranlesnak¢ tiammock Road to Davis Boulevard are component pans of the Transponalion Element of the Coumy's Comprehensive Plan; and WHEREAS, the Board of Cot,nty Commissioners, on April 5, 1994, adopled Resolution No. 94-225 authorizing the County Slaffto acquire by gift or purchase certain casements or fcc s~mple title ~o the property and property interests required and necessary for the four-laning roadway improvements oFC.R. 951 Phase I1 flora Rattlesnake Hammock Road to Davis Boulevard; and NOW, THEREFORE, BE IT RESOLVED BI' THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai it has been determined by Board that the construclion of thc four-laning roadway improvements for C.R. 951 Phase Il from Rattlesnake Hammock Road to Davis Boulevard, (hereinafter referred to as "thc Project") is neccssa~' and in ~he puhlic's best inlerest in order to protect the health, sar'cry and ,,velfarc of Iht citizens of Collier Counly. AND IT iS FL~RTHER RESOLVED that thc Board has reviev, cd the Staffanalysis regarding altemalive locations, en~.'ironmental I'aclors, cost variables, safety and welfare considerations as they rcla'~e to the construction oCthe Project and finds that the most fcasibl~ Fage ] 6 ? 9 I0 II 12 16 Ig 2O 21 23 2-~ 25 29 Iocalion for Ihe road righl-of-way for C.R 951 ~n the area of Parcel No. 102A is the property described in Exhibit "A" attached hereto and in:orporated herein. AND IT IS FURTHER RESOLVED thlt thc construction of thc Project is pan of Iht County's long range plan that is included in thc Transporlation Elemcn! of the County's Comprehensive Plan; AN~D IT IS FURTHER RESOLVED lhit to implement construclion of thc Projccl ii is appropriate and necessaD' for the Board to acquire lee simple litle in lhe proper~y identified ~ Parcel No. 102A, which is mort panic,'.larly &:scribed in Exhibi! "A", at~achcd hereto and incorporated herein ^N"D IT 1S FL~THER RESOLVED that the County staff.is hereby authorized lo immediately acquire hy gift, purchase or condemnation in accordance wilh the provisions oF Chapters 73. '74 and 12'7, Florida Statutes, Fee slmplc title to thc proper~y identified as Project Parcel No. 102A, bein~ more particularly described m Exhibit "A". attached hereto and incorporated herein. AN'D IT IS Fb'RTHER RESOLVED Ihat no mohile homes are located on Ihc properly sought IO he acquired and there£ore it will nol be necessary to remove an)' mobile homes from the property IO he acquired. This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 1997, after motion, BOARD OF COUNTY COMMISSION]ERS ,DF COLLIER COL~TY, FLORIDA By:. CHAIRMAN Approved as to form and le~l sufficiency: Heidt F. Ashton Assistanl Count)' Attorney EXECUTIVE SUM.MAR'~' APPROVE A RESOLUTION FOR THE TENTATIVE A~VARDOFA CONSTRUCTION CONTRACT AT THE SOUTII CO['NTY REGIONAL V,'ASTEXVATER TREATMENT FACILIT'V OBJECTIVE: That the Board of County Commissioners ofCollier Counb'. as the Ex-Officio Governing Board of the Collier Counb' Water-Sewer District. approve a resolution to tentatively award the construction contract for the South Count)' Regional Wastewater Treatment Facility project. CONSIDERATIONS: On May 7. 1996 the Board approved a Wastewater System 201 Plan Update and a resolution authorizing the application for State Revolving Funding (SRF) for the South Regional Wastewater Treatment Facilit)' Phase I improvements and upgrades. On September 17. 1996 FDEP elevated this project to the fundable portion of their project pr/or/p:' list. On October 22. 1996 the Board approved a resolution to approve the Final Application to FDEP for the SRF loan. On August 14. 1996 bids were received for this project. See anached bid tabulation and Engineers recommendation tenet dated December I 0. ] 996. The attached Resolution is required as pan of the final submittal to FDEP ofall necessar)' checklist documents Approval b.v the Count2..' Attome>'s office is necessar)' prior to the signature by the Chairman. FISCAL IMPACT: Funds in the amount of Sl 1.652.000 are current/)' budgeted for this project in sewer capital fund (4145. The proiect budget is funded by a State Revolving fund (SRF) loan, Regarding the loan. the project ~.'as placed on the current SRF funded list for S12,052 million. The to~al SRF loan request including design, cons'crucfion, contingency funds, loan fees ~d capitalized interest is S14.659 million. The portion of total project costs not on the current SRF funded list is expected to be funded in the next SRF fimding cycle. Assuming the full amount is borrov,'ed, the annual payments on the loan will be approximately S 1.1 million. The repa)ment period is 20 )'ears with a fixed interest rate expected ~o be between 3% and 4°/,. The pledged repa)rnent source is water and se,e'er revenue. In the absence ora user fee rate adiustment, the SRF debt sen'ice pa)rnent will reduce funds available for rene~ al. replacement and enhancement capital funding. GRO'I. VTH .MAN.AGE.¥1ENT IMPACT: None RE('OMM ENDATIONS: Staffrecommends the! the Board of Count3. Commissioners. as the Ex-Officio Go~emin~ Board of the Collier Countx Wa:er-Sev, er District. aoproxe ~e Prepared B Tom Office.~f,53~ital Projex:~s Management Reviewed BY:Adolfo .~. Gon~alez. P.E.Tp, jr¢cto, r,; Office of Capit~l Projects Management Date: Reviewed Bx': 7-~,-,.-:-. , '- Date "/ Ravmofd W. Miller. P.E.. Public Works Interim .Administrator Tim Clemons. Waslerwater Direclor Ed Finn. Public Works. Operations Directcr Karl W. Boyer. P.E., Senior Project Manager ' ' '" ' 7 [ 6 7 8 9 10 12 13 14 16 17 18 19 20 RESOLUTION No._ ...... A RESOLUTION OF Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TIlE GOVERNING BOARD OF TIlE COLLIER COUNTY WATER SE\VER DISTRICT, PROVIDING FOR Tile TENTATIVE AV,'ARD OF A CONTRACT TO PROJECT INTEGRATION. INC.. TO CONSTRUCT IMPROVEMENTS TO TIlE SOL'TII COUNTY REG1ONAIoWASTEWATER TREATMENT FACILITY PURSUANT TO TIlE FLORIDA STATE REVOLVING LOAN FUND PROGRAM, SUBJECT TO REGULATORY APPROVAL: AUTIIORIZING EXECUTION OF TIlE CONTP, ACT ,.)OCUM ENTS BY TIlE ClIAIRMAN OF TIlE BOARD OF COUNTY COMMISSIONERS: PROVIDING FOR TIlE READING OF Tills RESOLUTION BY TITLE ONLYi AND PROVIDING AN EFFECTIV:E DATE. \VtlEREAS, the Board o£County Commissioners ~,ishesto utilize 21 funds from the Florida State Revolving Fund (SRF) Loan Program to 22 construct improvements at the Soulh Count) Regional Wastev, ater 23 Treatment Facility. and 24 \VIIEREAS, on August 14, 199,~. bids were recei',ed for the project 25 to construct improvemenls al tJ",e Soutl, Count)' Regional '0,'aslewaler 26 Treatment Facility. and 27 'O.'IIEREAS, the Board ofCounb' Commissioners' consuhing 28 engineer. Hole, Montes & Associates, lnc has recommended tentative 29 axvard of the contract to Project Integration. lnc in the amount of Eleven 30 million five hundred ten thousand dollals ($11.510,000 00). 31 NOW. TttEREFORE BE 1T RESOLVED BY TIlE BOARD OF 32 COUNTY COM~IISSIONERS OF COLLIER COUNTY, FLORIDA. AS EX- 33 OFFICIO THE GOVERNING BOARD Of TIlE COLLIER COUNTY 34 WATER-SEWER DISTRICT, that 35 SECTION ONE: 36 A con:tact to construct improven'ents to the South Count), Regional 37 Wastev, ater Treatment Facilily, pursuant to Bid No 96-2551, is 38 condi;ionaH.', awarded to Project lnte,cration, lnc in the total contract 39 amount of S11.510.000 00 subject to appro,.al by the Florida Department I 2 3 6 ? of Environmental Protection. and aulhori3, es 1heir Chairman to execute thc contract documents SECTION TwO; This Resolution shall take effect immed atelv upon adoplion PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida Ibis ........ day ot' __, 199'/. ATTEST Dwighl E Brock, Clerk BOARD OF CO'jNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SE\\'ER D1STRICT 9 10 I1 12 13 14 15 16 17 Chairman Approved as to form and legal sufficienc:.' Michael Pettit Assistant County Attorney ENFSRFLoan South County Wastewater Treatment Faohty Improvements State Revolving Loan Construction Loan Cost and Funding Summary (000) Ommit'ted Description (1) Original (2) (3) = (2)- (4) Fmal (5) = (4)- Request for Approved (1) SRF Loan (2) InclusIon for Fur~ding Variance Apphcation Variance Adm~n Allowance $ 67.0 $ 67,0 $ $ 77,5 $ 10 5 Engmeenng Allowance 669 0 6690 774.9 105.9 Construction 9,655 0 9,655 0 11,510 0 1.8550 Contingency 966.0 6520 (314 0) 5755 (76.5) Technic..~al Services Dunng Construction 483 0 483 0 750 0 267,0 Start Up Services 50.0 50 0 - 80.0 30.0 Sub Total (Disbursements) 11,890 0 11,576 0 (314 0) 13,767.9 2,191.9 Loan Repayment Reserve 238 0 238 0 275.4 374 Loan Service Fee 238 0 ;!38 0 27514 37.4 Capital Interest 340.3 3403 Sub Total (Non- Disbursement) 476 0 476 0 891.1 415.1 Tota~ for Prolect $ 12,366.0 S 12,052 0 S (314 0) $ 14,659.0 $ 2,6070 Page 1 :. Preserwng and en,~,anc~ng Flor~oa's qualify of hfe $~nce 1966 HOLE. MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS December 10, 1996 Tom Satterfield Collier Count)' OCPM 3301 E. Tamia.mi Trail Naples. Florida 33962 RECEIVED DEC 16 1995 o'r'?~C E OF PROJECTS Re: Collier Count)' SR\\'\VTF Contract 2 HMA File No. 93.134M Dear Mr. Sarterfield: Hole. Montes & Associates. Inc. has reveiwed the bids received on the above referenced project. The bids were as follows: Project Integration. Inc. Adams Robinson of Florida The Poole 8: Kent Company. Inc. Cardinal Contractors, Inc. John J. Kirlin of America Sll.510.000.00 SI1.883.000.00 S11,950.000.00 S13,220,000.00 $13,600,000.00 As noted, the top three bidders ,.,,'ere within 5% of one another. The low bid did exceed the engineer's opinion of probable construction cost. There were two changes that occurred just prior to the time of bidding, and after advertisement, that impacted the construction cost. The first item was notification from the FDEP that the nitrogen limit for the project would have to be lowered from what the design was based upon and what was originally submitted. This permit change resulted in increasing the size of the aeration basin and the electrical load on the facility. 'I'he changes increased the costs for the concrete structure as well as the electrical motor and instrumentation. The bulk of the cost difference was attributable to these changes. The second change that occured after the project advertisement, was the alteration to the blower building. Enclosing the blower area wilh a root; reduced the high probability of future redesign costs associated with reduction of the noise level in this area. This change accounted for a small part of the difference. The Iow bidder, Project Integration, Inc. listed Camp. Dresser & Mckee, Inc.. Montgomeo' Watson, and Hazen & Saw:,.'er, Inc. as the design professionals for pr~'tl~" projects that the:' have con'ipleted of similar siz: and nature as this one. All thre~ tim)- 7". ~i'.-- ?=~:' S=.~'~ ~Z-.e' Cr: :': =-2' "-.~ ~,.:;..~5 ~.C= :,: ~-'".': :-.-".=,.':.-'t:" v;., i,;' 2,:: t. 5,;=. [ Tom batterfield Re:Collier Count>' SCR\V\V'rF - Contract 2 December 11. 1996 Page 2 stated the contractor is well qualified for this type of work. In discussing Project Integration, Inc.'s previous projects with the engineering firms, we were told all of the projects had required change orders less than 1% of the project. The contractor's superintendents and project managers payed careful attention to cost control and time management to complete projects on schedule. Hole. Montes & Associates, Inc. recommends that the project be awarded to Project Integration for 511.510,000.00. The bid total ccntains $520,00.00 in allowance items that will require prior approval for the contractor to charge against this amount. If you have any questions, please let me 'knox,.'. Vers' truly >'ours. HOLE...XlONTES AND ASSOCIATES. INC. Harry H. Holloman. P.E. Director of Project Management'Principal HHH,'Isw :993 93131 H}IH'T$6121 I DOC 0 0 0 0 0 0 0 0 0 0 0 0 "' d d c~ 0 0 0 0 ,< 0 000000~ 000000~ oooooom OOO000~ ooocoom O000OO~ -EXECUTIVE SUMMARY~ RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONER DETERMINE WHETHER TO PROCEED WITH A PETITION TO THE COLLIER COUNTY LEGISLATIVE DELEGATION HEARING CONCERNING A SPECIAL BILL THAT WOULD ALLOW FOR THE USE OF TOURIST TAXES FOR THE ACQUISITION AND IMPROVEMENT OF BEACH ACCESS AND PARKING RELATED FACILITIES. OBJECTIVE: To determine if Collier County will request consideraton of a special bill that would allow for the expenditure of tourist tax revenues for beach access and par'k/rig improvements. CONSIDERATION: The Board at the l~st d:.scussion of this issue requested that it be presented to the Tourist Development Council CI'DQ for their review and recommendation. A special meeting of the TE,C is scheduled for Monday February 13"' which precludes their recommendation from b,:ing included in this executive summary. However, at the time of the Count3' Commission meeting the TDC recommendation will be available and provided for consideration. Tine Board can, based upon this additional information, decide to proceed or to withdraw a discussion item that is scheduled for the Collier County Legislative Delegation Heating. The Heahng is scheduled for January 16, at 2:00pm. F~'SCAL IMPACT: None for this particular item. Should a bill proceed, the Count3' would have the oppormnit3' to use Tourist tax revenu:s for beach par'king and access projects, which are currently only being funded out of Regional Park Impact fees and the General Fund. GROWTH MANAGEblENT IMPACT: Ntme for this particular action, however any improvements that provide additional land or f~.cilit/es would be counted toward the County's inventor), of park land and assets. RECOMMENDATION THAT THE BOA.RD OF COLLIER COUNTY COMMISSIONERS, determine whether to [:roceed or withdraw a proposal to the Collier County Legislative Delegafon, for a special bill that would allow tourist tax revenues to be spent on beach par'king and access improvements. Prepared Thomas W. O]liff, I~i~ Sen'ices Administrator EXECUTIVE SUMMARY RECOMMENDA. TION THAT THE BOARD OF COU~N'I~' COMMISSIONERS REJ'ECT RFP NO. 96-2482 FOR GRA. NT APPLICATION SERVICES. Objective: To have the Board reject RFP Nc,. 96-2482 for Grant Application Services Considerations: On January 24, 1996, the County published an RFP (#96-2482) for Grant Application SeN'ices. This would have secured a consultant that would pursue grants for the Parks and Recreation Department. Sealed proposals were opened on March 1, 1996 with one firm responding (Planning and Financing Consulting Services). Staff considers the fees proposed by the consultant '~o be excessive. Recently, staff has received information from '~he Florida Counties Foundation, an adjunct of the Florida Association of Counties that provides similar services. It may also be possible to pig~'back contracts with other counties. These alternatives are currently being explored by staff. Growth management: None Fiscal Impact: None Recommendation: That the Board of County Commissioners reject bid No. 96-2482 for Grant Application Se~'ices and/d~ect staffto continue to explore alter'native resources. / Prepared by , .~/ ~-~ Date: ~/~'-~'~--,f'& ' Skip Camp, Acting Director Department of Parks and Recreation Reviewed bv: Steve Carnell, Director Purchasing Department Reviewed by: ~ Division of Public Services Date: EXECUTIVE SUMMARY RECOHMENDATION THAT THE BOARD OF COUNTY COM](ISSIONERS CONSIDER AN AMENDMENT TO THE CONTRACT BETWEEN COLLIER COUNTY AND THE PGA TOUR, INC. FOR THE FUNDING OF TH]~ 1996 GREATER NAPLES INTELLINET CHALLENGE AND OTHER AMENDMENTS TO CATEGORY B CONTRACTS. OBJECTIVE: That the Board of County Commissioners approve an amendment to the Tourism Grant Agreement between PGA Tour, Inc. and Collier County and the amendments to the Category B contracts identified below. CONSIDERATIONS: The Internal Audit Department has determined that several TDC contracts require amendment to reflect that they are payment contracts instead of reimbursement contracts. The following contracts require amendment: PGA, Tour, Inc. $50C.,000 1/96 Naples Area Convention and Visitors Bureau, Inc. 595,552 2/96 Naples Area Convention and Visitors Bureau, Inc. 900,000 1/96 Marco Island Chamber of Commerce, Inc. 397,035 2/96 Marco island Chamber of Commerce, Inc. 600,000 1/96 In addition, the PGA, Inc. Agreement requires the following additional amendments: Provide that conflicts between the existing contract and the guidelines will be resolved by the contract. As a result, Guidelines 7 and 9 are waived. 2 o Budget amendment to include tournament operations relating only to the PGA as an expenditure. f' i' ,l ..' ':" :" if..17 Executive Summary Page Two The Board of County Commissioners conceptually approved these amendments on December 17, 1996. The Tourist Development Council (TDC) is sched~lled to review these contracts on January 13, 1997. The actions or recommendation of the TDC in this regard shall be provided to the Board of County Commissioners during this agenda item presentation. FISCAL IMPACTs No change. GROWTH MANAGEMENT IMPACTs None. RECOM](ENDATION= the amendments Summary That the Board of to the contracts County Commissioners approve identified in this Executive Prepared by: Heidi F. Ashton Assistant County Attorney Approved by: David C. County Attorney Da~e ~ h:ew,'hfa/executJve sumrnar-p'PGA final A~ED AND P-ESTATED TOURISM (;BStNT PROGRAm4 ACTIVITIES WI{IC~ PROMOTE TOURISM AGRE~NT THIS AIdE:;DED AND RESTATED AG..E_...=I,, is made and entered into this day of -- , 1997, by and between PGA Tour, Inc., a Maryland corporaiion, qualified to do business in t,,_ State of Florida, hereinafter referred to as "GPANTEE" and Cc!!ier County, a political subd;vision of the State of Florida, here:halter referred to as "COUNTY." ~£CiTALS ;';H£F£AS, the COUNTy has 8copied a Tourist Development Plan ,rcr. the WHE>EAS, the ?!an Drc'.,ice.~ that certain cf the revenues ~er,erat~ ~" the T~'zrist S="~ioc-~-- Tax are reser'..e~ for art :'.'~ t les a:,~ events lnten~ej tc hrlng tcurls~s %c Cc~!:er ...... ea.., year, hereinafter referre~ to as "target per;cd"; WHEREAS, GP.~NT££ applied tc the Tourist De'.'eic~rent Council an~ the .... = ...... ial tc attract cut-cf-County vis:toro either as part:ri~ants cr spertatcrs o~n~']ting hotel/mote!/ ctr.~r ..... ~ ....... ~- an~ WH£~EAS, the CCU::Ty deslres to fund such Pro~ram,/actl.;lty: WHEF£AS, the Count), and ?,SA Tour, !nc. entered :nrc a tcur~s~ qrant pro~rar contract which was a~prove~ ky th~ Count}, cn January 2, 1996: and ';Hr=mac ...... ir. tel'iNet Cr, allenge; ar.J WH£FEAS, cer:ain ~rc'.'isncn~ cf the ocr, tract re~ije clarlfica~isn and ar~en~ment. WiT:E£SETH. ' .... 1. The above recitals are true and correct and are incorporated herein, 2. SCOPE OF WORK: GRA/;TEE prepared a written detailed proposal outlining an event to be provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as ,PROPOSAL." The PROPOSAL is attached hereto and incorporated herein as Exhibit 'A". GR3d;TEE shall provide television coverage, production, administration and operation of the golf event outlined in the PROPOSAL within the budgeted amount provided in the PROPOSAL. GR~3:TEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GPJd~TEE and the CO~:TY~ 3. PA%~E~:T: The maximum amount to be paid under this Agreement shall be Five Hundred Thousand ($500,600.00) Dollars for television production and other operation costs relating to the telecast of the 199f Greater ~;ap!es Intellinet Challenge. /he G~2i?EE shall be paid for e:{penditures incurred for the event upon submittal of an invoice. Payment shall occur in accordance with the Prompt Pa~ent Act. However, the COmiTY shall be under no obligation whatsoever to make pa}~ents for goods or services in excess of, or not included in the PROPOSAL or to make pa}~ents using any source of funding other than the Tourist Development Tax. or to make pa}~ent to the GP3C~TEE or any vender in advance of service. Any Fa~ent made by the GP3J/TEE which is later shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for pa~ent. Any expendi- tures which have been paid to the GRA2~TEE which are subsequently determined by the CO~;T¥ to be an ineligible expenditure shall be repaid to the CO~:TY within 36 days of written notice to GRFd:TEE of the ineligibility of the expenditure or the CO~:TY at its option can withhold future pa~ents to the GP.~3:TEE or deduct the a~ount ~c be repaid by GR3J:TEE from an}' remaining grant funds. -,,c,,~-,,c~ Intelli~e~, Inc., and People & Properties, Inc., shall submit a Certificate of Insurance naming col!ier~ County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the promotion and the duration of the events, 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 INJlYRY LIABILITY $500,000 each claim per person PROPERTY D~AGE LIkBILITY $500,000 each claim per person PERSOI:AL I[;JI/RY LIABILITY $500,000 each claim per person WOR}%ER'S COMPE];SATIO!; ~ EMPLOYER'S LIABILITY - Statutory 5. I~E~:IFICATIO[;: IntelliNet, Inc., and People Properties, Inc., in consideration of TE~ DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend CO~:TY 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 incidental to the performance of this Agreement cr work performed thereunder. This provision shall also pertain to any claims brought against the CO~TY by any employee of the named GRA~ITEE, Intelli~;et, Inc., and People & Properties, Inc., or any subgrantee, or anyone directly or indirectly employed or authorized to perform work an5' of them. Intelli!;et, Inc.'s and People & Properties, Inc.'s obligation under this provision shall not be limited in any way by the agreed upon Agreement price as sho'~ in this Agreement or an}' limit of, or lack of, sufficient insurance protection. 6. ~QTICES: All notices from the CO~;TY to the GRA~:TEE shall be deemed duly served if mailed by registered or certified mail to the GR3d~TEE at the follo'~ing address: Mr. Steve Rankin PGA Tour, Inc. 112 TPC Boulevard Ponte Vedra Beach, Florida 320~2 With a copy to: Mr. William Rasmussen Intelli!;et, Inc. 2900 South Morseshoe Drive ~;aples, Florida 33942 Mr. Peter Chapman People & Properties, Inc. 345 Park Avenue So~th New York, New York 10010 All notices from the GPJ~;T££ to the CO~;TY shall be deemed duly served if mailed by registered cr certified mail to the CO~:TY to: County Manager Second Floor, Building F 3301 East Tamiami ?rail Naples, Florida 34~.12 The GR~d;TEE and the CC~:TY may change the above mailing address at any time upon giving the other party written notific- ation. All notices under this Agzeement must be in writing. 7. UO PART!IERSHIP: Nothing herein contained shall be construed as creating a partners!lip between the CO~TY and the GPJ,:;TEE or to constitute the GPJd~?EE as an agent of the COMITY. 8. TER:fI:~ATIO~: The CO~;TY or the GP3d~TEE 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 CO~TY terminates this Agreement without cause, the County will pay the GP~A2ITEE for all expenditures incurred up to the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is determined that there was not sufficient cause for the CO~TY to terminate this Agreement, the GRA2~TEE's remedies ~hall be limited to the pa}~ent of the contract amount earned b~' the GRANTEE on the date of termination. If the GR3dSTEE terminates this Agreement, GP3d;TEE shall pa}' to CO~:TY all funds expended by CO~TY under this Agreement if the Agreenent is terminated by GP3d~TEE prior to the event occurring. 9. Q~T~EP~L ACCO~TI~;G: G~;TEE shall maintain adequate financial records concerning the e:<penditures paid by the County pursuant to the terms of this Grant. All records shall be available to the County for its inspection upon written notice to the GPJd;TEE. GR;C:TEE shall also submit any documentation requested by County to complete its final accounting of this grant. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remain effective through March 1, 1996. 11. REOUIRED ~OTATIO~:: All promotional literature and media advertising must promin.~ntly list the Collier County Tourist Development Council as o:%e of the sponsors. 12. I~EL!GIBL£ EXPE?~ITUp, E:~: The following expenditures are ineligible and shall not be paid with grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Professional, l~gal, medical, engineering, accounting, auditing, or other consultant services in excess of five percent (5%) of total project budget. c. Salaries of full-t~[me staff. Employment of perso- nnel not directly' related to the activity or project. d. Real property. e. Capital Improvements, including but not limited to new construction, renovation, restoration and installation or replacement of fixtures. f. Tangible personal property, including but not limited to office furnishings or equipment, permanent collecticns or individual pieces of art. g. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. h. Prize money, scholarships, awards, plaques, or certificates. i. Travel not associated directly with project. j. Projects which are restricted to private or exclusive particiDation. k. Private entertainment, food or beverages. 1. Making payments or reimbursements for goods or services purchased for previous or other events. 13. REIMBLrRSEME~;T OF GP~3~: In the event the revenues from the event or project received by the GR3~ITEE exceed the actual costs incurred by the GR3d~TEE in staging the event or project, then, the amounts eligible for grant reimbursement shall be decreased by the excess revenues up to the full amount of the grant. 14. ~E~ME~;T~: Any changes in the event such as project dates, key participates, 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. 15. The Tourism Grant Program Guidelines, the Grant Application, and the Coi~tract Administration Guidelines are incorporated herein by this reference, excep~ for grant requirements No. 7 and ~;o. 9 (of County Resolution l~o. 95-665) which are waived. I~; ~:IT~;ES$ ~-HEREOF, the GP-Td;TEE and CO~:TY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: D?:IGHT E. BROCK, Clerk BOAKD OF CO~TY COMMISSIOn:ERS COLLIER C0~TY, FLORIDA JOH~ C. NORRIS, Chairman WITHESSES: GR3d;TEE PGA TOUR, INC. Ry: STEVE Executive Vice President , . .-- : Tournament and Business Affair~' {corporate seal) Approved as to form and legal sufficiency: Heinz F. Ashton Assistant Ccunty Attorney .~ .... h. TO TH]S DAY OF , 1997 CONS_I,~ TO THIS DAY OF , 1997 5y: W;.i i:am Fasr:ussen m~;~: ...... E>:ecu:ive ~t'icer~.. PEOPLE & PROPERTIES, INC. a ~;ew York corpcraticn So much. So .,;imple. GRANT APPLICATION THE COLLIER COLrNq'Y TOURIST DEVELOPMENT COUNCIL Submix~ by: 26~0 Golden Gate Pa:k¥,'ay Naples, FL 33942-3210 RelarNe to the In t~lliNm Ch dl~r. ge Fcbru~D' .~ - I I, 199~ Collier County Tourist DeveIopmet~t Council Grant Appli~ fion Funding For Category B (Promotion ~'~d Advertising of Tou,"ism in Collie: County) and C,~tegory C (Lo~ proj~cu nd/or Activities wt-dch Promote TouAsm in ,3olli~ C~tmty) Completed applic, atlon, s must be rt..celk,~ at the below addre~ no later than 5.00 P.M. ~:~~::~:x April 20, i99s. Collier Comaty Touclm Dcvetopm,mt Council Co,.mty Mangoes O~ce 3301 ~ T~rd~i Trail .Naplec~ Flori~ 33962 IntelliNet, Inc. I 101 2640 Golden Gate Parkway Naples, FL 33942 Con~s: P~mo~ TiUe, a~d Pho:c N'amben willia= ?. Ras==ssen President and Chief Executive officer Or£~i~:icr.'s Chief Or, cia! ~-~ ~illiar. F. Ras.==ssen, pre~ide~ and C'EC .... :ca:ior, for Cale£::",' ~ (.~;'o,'7. clJ3,", Cc'~r,;':) c: Ca:cgcC.' C (Loc-i! rr~jc.'-' ar, i.'c: As'.!','i:ie.~ -re,i:. Frc-,-.,:,:e Cc'.::c; Cc u-.-:"- . r : ....:-. n x C~:c':r: C '5. How much TDC funding is your organization re4ues~g? S soo ,ooo Briefly describe program including: Your orgazfiz~tion's capability to p'mmot¢ Collier County ~s touvbt destination. GeograpNc focus ofp.namotlon, i.e. O~llier County, Marco [slznd, Eyre-glades, c:c. See at ~ached. 7. ApT!ica:io,~z m'~, be accompanied by the fotlo~Sng: a) Vcri.fica:ion of . r ... e, Lzs: fiscal y~.., fin~nclal r.~temeat c) Ir, co,p-oration papers u:dcss sp,:cifically *,'aJv~ b)' TDC d) De:aii:5 line item budge: for Frog~m for bo~h revenues ~:d expenses e) i C~::~:.:-. CFrc. jec:s v__'~ff ~:~ivi:ies which ~:omo:¢ '~c",:.- '~ ....:c:':'season"af?,l~)'tS:ouchNo'.'c::%¢:. Wh=:i,~, sc?.c' '-4 -. ,~' .- Dc:ail~-d dcscri?zic, n cf progeser2 F',~q A markclin£ pi.'-.: ma':' be subs:hu:ed £or i;ems d z'-,~ e ib::,e February 5 - 11, 199d Discuss how your organization will measure the number of visitors attracted and the number of room night~ generated by your evenL See &ttached. Cate'goD' C Selection Criteria: I0(*). Identify the potenfa] for amcting 'should~ a.nd off scion', out-of-county visitors as si>~tators or participants e:xpmsr~ ~ 'shoulder and off season' visitors at~cted Touri~, Development dolla: erpendexL 002). Identi~ the potentiaJ for sttrac~ng 'out-of-county' v~"hors ',~ spo:utors or pzr'..icipants, cxpms.sed a.s "out-.of-county' vixitom attr2c~od p~' Tourls~ Development dollzr expended. 0(c). Ide:fi~' the exff_mated number of ho:eL/motel or ce.mpgro 'und rfight~ gcne.'-zt~ fi.om thc ~/toc~orJ of Tom"let Develot:ment funds exp,mxs~ as over~-;~t r,2ys per Tou:Sst Development Dollzr expended. ,. '?,;,-,- dollars !den~ f'.' thc matckJng dollzrs pmvSded by your o, ~.-g~nizzdo= exprr, ss--"d zs per Tou."/s: Development dollars cxixndcxL '(:). Ider,:if:' t.he f,:r:e gro~'~h poten:i.,l of the pmjecl being Deve!c.r. men~ ~jnds ~s TDC funding is to be regm'xfcd ~ seed money, not cont::v,:c,~ fundi:.£ ! .......... L The. Og~:>ortun~ The combination of Naples golf and Naples beaches makes this area of the country very special. The City of Na21es, Collier County and Southwest Florida have a marvelous marketing tool in ~helr midst vahich has been largely ignored for the pasl eight years. Each February, showing the c,~mbination of golf, sunshine and beaches around the wodd on ESPN'does nothing but enhance our image and encourage visitors, be they from Hong Kong, Hamburg or Harrisburg. I II. The Challenqe Recognizing the general 'guideJine~ published by the Toudst Development Council that require activities to take place In the shoulder season of May through November, the thrusl of this proposa] does not literally, based on the specific date of the event, meet those current guidelines. Advertising and the Imagin~l tt conveys I~us year round Impact. To presume that worldwide advertising ~ppearing on television and in We print media during the sanson does not Impact and create future vi:ets to our area is simply incorrect. Rare is the person who sees a commercial on television And pic~s up the phone to call a travel agent to leave the next morning. Not so rare Is the person watching that same commercial who might plan a trip in June or August or October. Advertising and promotion created around a theme to atlract tourists during the shoulder season would be a more loc_ical requirement against, which to measure efficient use of Calegory B funds. V,,'hile the calendar dates of this proF. osaJ do not meet the existing criteria to the let~eL we believe that the results produced by this proposal will more acct. Lrately address the coaJ intended by the requirement as now stated. The propo .sFJ which follows sets forlh ~,'hat we beIieve is the most efficient use of ;~dverds~ng funds, And we are prepared Io work with the Toudsl Devetop,ment Council, the county commissioners and anyone e!se in!ere~,ed In developing shoulder ~,.2_..son traffic to produce a cc,ordin2te: c~mpaigr, to more effectively accomplish the goals of the TDC. / II1 The Vehicle Each February since 1988, the wodd class Senior PGA Tournament even1 has bee-, heid in r4aples and has drawn people not only from the United Slates. but from foreig". countries as well. ESPN's televising of the ,event has included the Uail, ed States at, c. a.-, inlerr, alio.~,ar audience. Also, dudng ~oumament week nearly 1,503 local S:.3.~,E.:aS:S showcase the ~oumamer,: with vdeo cou,~esy of ESPt4 i2, eve,~' ma~;:e: ;.", the United Sla~es the sponsorship o! ~,etna, then Better Homes & Gardens and for the past two ye&rs IntelliNet, is not .only tournament week, but a phenomenon about whi, mag~.ines around the world weeks and months after its completion. The PGA does a very comprehensive job o! marketing the senior toumamer',t throughovrt the year. The PGA Tour produced ,..bow q'his Week in the Senior PGA' is aired three times a week year round on ESPN providing still further coverage, in addition, many ol the twenty-seven senior events televised on ESPN throughout the year refer to the annual event in Naples frea, uent~y with highlight television dips. Clearly, each event is not simply a toumamenl, week sland-alone event which burC, s upon the scene and is then forgotten... IV. T._he Cap~ Addressing the application's question of our c~koability to promote Collier County as a tourist de¢ination is an easy task. There is not another event of the magnitude, quatit'/ or f&r reaching impact produc.ed in Collier County during the course o! the year. Our geog_raphic locus is not local. It malches the c~libre of the reputations of the pedormers'in the event. It is woddwidel The qualfficafions o! the principa!s sponsorina the loc. al efio¢, are no less impressive. Ir, dollars and cents, the annual toumam<mt stop in Naples dea~,y represents week. immedia',e sCgn~c&nt, i~ unquantffiabie, ecor~mic impact during louma.ment media However, the widely diCribu'ted Images of th,--. 8rea In the print and e!ectronic ,~.~ 'r-~wn et untold, economic be.ne~,~ thro~u~ho~ the yeN'. No single aw,-. uric. ..... Y . -- -4ha e nfinted br(x;nure a~ ,,-,. .,...r that ma~er, no sir,~e adveC, i~ng osmp&lgn, nu ~._ ~; i · specific room nights cr restaurant meats sold. We believe the comt>ln¢ impa¢ of the household names te!e~Asion show can be credfted wKh be ng responsble the pa~icipants, the quatit'y of the televi-~Y"J eve~ and the worldwide press !ocus.e-d l'.4aplc~s d,jr;~',g toum3~ment week io February a.rgu&biy create this area's mo¢ period o'. r, ational and international awarene.%. ,,-M¢~ i, th,~ tiniest venue on the PGA Tour. Ac~rdm, g to 1he f'~ ....c., ;..ct%,,:.- Nasles has more ~ol, holes per ,:.~.pil& th, a* any other p!;?~t ¢,e oc.u",:r,' I', Js ~ ;:,opu~ar tour s~op because of the countless thousands o! come ;o pl&y all those goIf holes and. wlge here. slay ir', our hotels, es: m cu' i ~ .......' ~' spend money To lose the tournament v:ou,,~ The charities, Youth Haven, the Conse~cy end the Boy Scouts. which behefit from the Challenge would see a significant source of revenue eliminated. Further, winler vis,lots would be wfthout what many cons.k'Jer the biggest event of their winter season in Collier C~unty and, for still others, the only reason they are even he. re in February. Finally. the annual window on the wodd provided by ESPN. local television sportscasts in every television market in the United States and the pdn', media wouId disappear. Creation of a marketing and entertainment vacx~um at the height of the winter season is not in the best, interest of tourism and business in Southwest Florida. Two years ago. InteliiNeL a small IocaJ company, in conjunction w'rth four IoceJ golf course community developers end in coopers:don with the toumame, rrt's rights-holder took the bold s'lep of forming a loose paztnerCflp ~-rm'~cjement to }olnIJy fund the continuation of the toumamenl In Na. ple..s. Tl"ds was an enormous undertaking by IocaI people with k:,cal Interests and long time ties ~o the community to keep the senior event In Southwest Florida. Sheer economics make the continuation of this arrangement impossible without some financial support ffon'~ e.nC. her source. In as much as pdv-ate errterprise has, in effect, paid for t~e best adverd.cng and promotion vehicle avaJla, ble to Southwest, Fiodda for the benefit of themselves as we:l as countless other businesses, the City of Na4:~es end Collier County, we fee_! it is approp,dste to ask the TDC to directs, a portion of Its Category B funds aJresdy e2-_rrnad.:ed for adverd.Cng and promotion to the very spe-"..ffic advertis/ng end pr~,."nc:ion cpportunity available through the Challenge. We ~mply should not af:cw th~s o2F_..3,'Iunffc.¢ to e~F.,e US. The Economics The e:cnomics, are slraigh,'lor'ward. Produ~ion cosls of the tournamenl are approximately $2 million. We propose to continue on the bas~s as in tf',,e pax wi~h lc.:sl company and developers, along w;,'th, the rights-holder, providing the bulk of the lur, di.qg w~h an adve.~s:'ng cornmilment from C, ategor/B funds res;.Cnsibih~' for lhe funding is proposed as follows: People & Properlies (rights-holder) Intelli/'4e! and developer partners S 1 million 5500.000 vii. The Loqi~ics, Thirteen of the twenty-three thirty second commercials available on ESPN will be allocated to the Touris~ Development Council. The remaining ten commercials will carry the required toudsm tog<:). All printed material including, but not limited to, ticket applications, programS, paidng sheets, t',ckets and on course slgnage will also carry the tourism k>go. Further, a representative of the TDC (or Collier County commis.¢oners) will appear live on one weekend telecast wi'th ESPN host Jim Keily to · sell Naplesr Thls w~ll ensure the event v,'t'll be. properly perceNed as a unified ~esentation ol' the TDC, the local company and developers and the Senior PGA Tour. VIlI. _The Conclusion In the pad~'~ce of Madison Ayenue, there is literaJly no better way available for the TDC and the Collier County commissioners to spend Category B dollars for promotion and advertising than to embrace the area's premlere sports event. We believe the financial participation and the related public relations Impact itseft will generate even more positive promotion for imaging around the wodd. ^. Sp~c n:>om ~g.~u for F=bruz%, 1995 murrun"~nt: ES?N ' mom r, Jgbu Tom-~z,"r',c~ wc:~ - 1995 S,,r~f~y Monody Tu=s/-.~¥ 39 ('Fh,.:.'-s ~ y 78 Wives Cad~ Volunu~c~ Vac~Jor~."s 37 200 20 39 37 209 39 78 37 2f~9 39 78 37 200 39 7~ 37 2C.D 39 7g 37 20') 20 39 37 200 gO 390 196 399 2.~9 To~ r'c, am mgh~' S p.~:i,rr: 13~9 42'.,4 I So milch. So simple. WILLIAM F. iRASMUSSEN Williarn F. Rasmusz, en. President and ~2kicf Ex, urine/ye Officer of IntelliNet, Inc., Naples. Florida, has had a s~gnificant impact on the way Ameficava watch television sir, ores- In September. 1994, Rasrnumen was honored by Spor~/7./mit~ed as one cfi' forty individuals who have had the greatest impact on the world of ~:~om over the pax: forty year~ A SeCember 19 Spedal Edition of Spor~s Illustrated entitled '40 fca' the Ages' and a September NBC Spedal featured Rasmussen and thc other honorra~. In 1978, ,:hortly after being fired ~ Communic::afi.:m.s Director for the then New England Whalers. he and his son, Scott, founded ESF'N. cable television's Total Sports Network ... a revolution-ns3.' concept at that time. Today be is still involved in revolutionary ideas wo-rkSng with his soo. Glera~. to introduce lntelliNet, the most advanced home automation s")~s'tem available tod~.y, to America. "As founder of ESPN. I saw a company a.nd an entire indus',fy explc:de forever changed the way Americans watch lelev~s'non. Inteut. cvet kayo a similar impact on the ,,'ay Americ~u enjoy their homes. Just as sports fa,~ tcday We trouble remembering wMt life was like before ES?N. 1 believe tha: by '..be mm o1' the century, people will wonder aloud how they ever lived without IntelliNet," he said. t:'r,~or m his four vex.,'s ~4th the Whalers, Rasm~n spent nea.,'ly ten y ,ears wit,~. WWLP-TV. Spnn~field, l,.',xss~chuser~s, first as Spor',.s Dire, oxen' and then as News Director. He beg,".', broadcas~n~ career ;at V,q-iW RMio in Amberr,., Massachuser,.s, in 1962 and moved to W'WLP-T\: ~r, 1%5 afte~ a b,fi3_F s~n~ as a weatherman at '¢&P~'N-TV in Sl::r/ngfield. E~rnus~n's tenure as Presiden~ and Cha/rrr, an at ES?N ended in 1981. From 19'32 to 19'~-. hc o~ra~ed first as a sole Wophetor ar, el then as R2xm..ussen Comm,u.nica.:ions C'o."p.:,:auon (RCML offering consulting services to the telcxf$ion indust,'3'. ?rem 19-E2. f. hrou$h 1988. RCM's prima.q,' client ',,,'as the Big Ten Athletic Con.terence along sc'.c~ individual member institutions. Rasmussen net:or/at.ed thc major ne:".vork pockae~ for the BiS Ten. re:structured the in'flviduM ins:itufion's ,:t2te ra~ and telc,'is:c: packa~c.~ and provided ~heduling and producfiof se.~'ic~ ~o ~he Confercnce. He s.s..'.." h~s ~ntere.q~s in ESPN to ABC ~n 19'3-: and sold his BiS Ten ~nterests to Raycom, I.':.c 19~.'/, ,Sp. nr, v after the Ra?com .qal¢. he and his son. G!cnn. be~,a.n nego~a:ions t?,,~ lc,.' ..:,...z:.::-.r,g c~,.:',ir,~il~n~- ~nlcrc.s~ ~n IntelliNet. r.~:! ~ .-_. rr2d,.:a!e t~f De?auw Univers~). B.t-. 195~, and Rt;:[::: Un~', c.~',Lx. M~.~. 1 .c,'5') C::-::, ~: sc,"', cd as ~n officer in the l...'n;led $:.2tt:s .&:r Fc:c¢. 195.~-5.." So ninth. Sn simple. WILLIAM G. HI-'NDRICKSON Dr. VCdliam G. Henddckson serves as Or, airman of the Board of IntelliNet, Inc., Naples. Florida.. bas,ed company which mancfactur6-q and markets home automation t~hnology. He ha{ t:~en a member of IntelliNel's board since 1992. From 1981 to 1993, Dr. Hendrickson served as Chairman and, since then, Chairmar~ Emedtus of St. Jude Medical, Inc. in St Paul, Minnesota- The company manufactures and markets heart valves and other products for cardiovascular sT, plicatior',s and is the largest, head valve manufacturer in the wodd. In 1951. Dr. Henddckson became associated wilh Ayer¢, Labs, a divison of /..mericar, Home Products Corporation, a; V~ce President. In 1957, he was named E.xecu~ive Vice President. From 1969 to l~E), Dr. He,,-x:l,'-ic, kson was Group Vice ,,-~ ,~.qt American Home Products Corporation, New York City. wilh respons,~., Pre=.d-. of for the company's pre~%ription drug. velerin,"4.ry and medical device divisions. He ser,,ed or, the company's Operations and Finance Comm',~ees His BS degree ¢,'as received from St. Mary's college in Winona.. Minnesota Dr. He.qdrickson earned his MS degre'e at the Universily of Detroit and a PhD at the Universi,"y of Wisconsin. In 1991, he received an honorary Doctorate of Humanities from S', Ma.W's Colle~e. He began his career as a s..t. ientist at the Wisconsin t. lumr, F. ese~rch Foundatior~ and later b~ame Director ot Developmer, t. Dr. Henddckson is a member of the Board of Directors of Research T ~'- ~-~-i¢ invention developmenl and patent licensing organization in Tuc$?,. e...,nolu~ ~s. an Arizona He is also a member of the Amedcan Chemical Society, Sigma Xi (the ~' ':" societ'y) and New York Ac.~.demy of Sciences r.~c.r,a', honorar'y M~¢h. 5~ 51m?le. May Il. 1995 AdministmtorlDircct¢~ Collier County Touri.,,'t D,:::v'clopment Council County Manager's Office . 3301 E. as-t Ta. miami Trail Napl¢-~. Florida 33962 I',nf¢,::¢e.:.. £.~,;. 2,,i:¢ 4:; Cc;dc,, C,,'~c ,%¢,.';e*.. ; ~ I',. ,,.c y:.:...,.:....::;; ird'crrmadon for your'consideration m rev~¢~ng the request mr ~,.,,.,--, DeveloFment Council funds per~rting to the 1996 IntelliNet Challenge. (1) The~3A Tour ,s a 501(C) (2) Please amend our original a.pplicafion from a re. quest for Categoq' B fur, ds ~ a request for Category C funds. (3) Thc Lhrust and impac: of the Febr' "m:2'.' 5' 11' 19'9'05' Challenge wil! b¢ t:'~g Io promote shoulder se:a_son activib,. (,'5 Thc soundnexs of' the out-of-county mz.,-kedng plan is thorougN':' dor,.wnented as indic:a~ed i.n the ~.d",~d matefi2_.2. (& A pro form, a budge: for the 1995 Ch~ie.ngc is included. (6"') E,Cfecti vene.;s of the gerfomiance will be documented by reoagrjzed ~ me:asu.r=ment companies as ,,,,'ell as nota.,'fiTa:~ z..r~da:'i~ or performance ,a.'he.~ applic:aNe. Based on the performance or the 15x)5 Challenge a.qd without z.~,."'fi'bi.,':g an.',' v,Jue whatsoever to imemadonal e/~,x'.e, the approximate ad,,.er'Jsing Fromotion ~":~ 'ma.,'ked~g value or the toxfna.mem is $4.S million. ',,% lll!2m F. Rz.4,.'r'.u~cr, Pr, cs~dc:':,~ and CEO ,35 · AMENDED AND PESTATED TOURIS.~, GPO~NT PPOGP.~:", ........... BY NAPLES ARE~ TOURISM BUREAU THiS A!~ENDED AND PESTATED AGREEMENT, is made and entered into this day of , 1997, by and between ~ap!es Area Convention and Visitors Bureau, Inc., a Florida Corporation d/~/a Haples Area Tourism and Convention Bureau, hereinafter referred to as "GP~.NTEE" an~ Collier County, a political subdivision of the State of F],orida, hereinafter referred tc as "CQUNTY." RECITALS WHEREAS, the COUNTY has a:topted a Tcurlst Development Plan /herelnafter referred to as "PJan") funded by proceeds from the ?cut,st Develc~r. ent Tax: and WHEFEAS, the Plan prc'.'id~s t~at certain of the revenues ~eneratec by the Tcurlst Development Tax are reserved for az~ivities and events :n~en~eC to promote, advertise an= trin~ tc~rlsEs tc Collier Count}' for the per~od between May through :reverter eact year, hereinafter referred to as "ta=ge% perlcd": WHEREAS, GRANTEE applied to the Tourist Development Council and the COUNTY for funds to prcmote Collier County as a ~curist destina=icn through promotional activities corr. on to des%ination marketln~; and WHEFEAS, the COUNTY desires to fund 9roms=iona! activities; and WHEFEAS, COU::TY and GPANTKE entered into a tourism grant ~rcgram agreemen~ dated February 1, 1996 and approved ty the CC'3~:TY cn February 13, !99~; ant WHEREAS, certain ~rsvis:rn cf the a~:eerent require ar. en~rent. WiT:rE,SETH: HOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLC~S: ]. The above recitals are true and correct an= are inter- ,stated herein. 2. SCOPE OF WORK: GRA::T£E prepared a written detailed proposal outlin~ng specific project (s} /act lvlty (ies) t.~ be prcvide~ along with a detailed line item budget as part of the ar, ende~ crant application process, hereinafter referred to "PRC. FOSAL." The PROPOSAL is attached hereto an~ incorporated herein as Exhibit "A". G~NTEE shall provide the Droject(s)/ activlty(ies) outlined in the P~'OPOSAL within the b~Jge% provided in the PPOPOSAL. GPANTEE shall net be paid for any expenses not prcvideg for in the PROPOSAL ncr be paid for amounts in excess of those in the P~OPOSAL unless an amendment to th%~ Agreement entere~ into by the G~ANTEE and the COUNTY. 3. PAYMEUT: The maximum payment under this Agreement sr~all be Five Hundred Ninety-Five Thousand Five Hundred Fifty-Two ~5,552~ dc!!ars. The G~A!:TEE shall te Fald for expenditures :ncurreZ for the project(s]/ ~ct~vity(ies) uF'&n sutrcttal of a ~:~ ~ invoice Payr, er.t s~.a% ~ occur in acccrdar, ce w~th the Pa':~ent Act. H&w- ever, the COUNTY shall te un,er nc ~.-~'~'.'er ........ to r. ake pa>~ents for cc-~- or ser'.,;ces iL excess or r, rt ~ncluSe~ in the PFgPOS.AL or to make payr, en%s using any cf fundlnc other than the Tourist ~.e-.'elcprent Tax, or to r~ake ~avrent tc %he ~-.,, ~r any ven~r ir, advance of ~rvice. Any payment made by the GkrC~TEE which is shown to be an unauthcri2ed expenditure during the per fc, rr, ance cf the gra~,t contract _,~all not be eligible for pa~,en%. Any expenditures which have been paid to the G~3. NT EE which are subseguenEly deterr, ine~ by the COUNTY tc be an.~re~{c~b'e, ,..- , expenditure shall be repaid to the COUNTY wi%bin 30 days of written no%ice to cf the expenditure or the COUNTY at i=s optlcn can withhold future pa~,ents to the GkANTEE or ded'sc% %he amcunl ts be repaid by GF~.~:TEE frcr any rer~ain~ng grant funds. The GP~NiEE shall not be paid for any expenses incurred or obl~ga~lcn~ entered into by the GFA'.iUEE prior to the effective date of the Agreeren%. 4. iNSUP. A'.:CE: GFA~TEE ~.s re~u:re~ tc sutr.~% a Certificate cf Insurance narlng Collier Count %', and ~ta ~oard cf County Ccr~.is~icners an~ the Tourist DevelcFr. en% Ccuncll as - 2 - promotion, and be iss~ed by a company licensnd in the State Florida, and provide General Liability Insurance for no less than the following amounts: BODILY I~JURY LIABILITY $30[,000 each claim per person P~OPEPTY DAMAGE LIABILITY $300,000 each claim per person P£P£OIIAL II;JURY LIABILITY ~300,000 each claim per person WOR~[E~'£ COMPEt~$ATION A~:D EM?LOYEP'S LIABILITY-Statutory 5. INDEMI~IFICATIO!;: The GP~3]TEE, in consideration of TEll DC. LLARS, the receipt and sufficiency of which is accepted through the signing of this document, ~hall hold harmless and defend ~.~ .... Its agents and employees from any and all suits and actions ' ~ ~' ir .... u~.r.g attorney's fees and al~ costs of litigation and ~ud--=--~~ = ......cf any name and description arising out of or incidental to t~,e ~.erfcrmar~ce of thi~ A~reement or work performed thereunder. 7~:~s prc'.'lslcr, shall also pertain to any claims ~r:~.: a~alns% the Ct.U~;TY ~y any er. plcyee cf ~he nar. ed ar,~., s~rar.%ee, cr anyone dlrec[ly or lr,~l.e_t]y er~ploye~ cr authcrlze~ to perfcrr, work by any of thor,. The ctllgatzcn un,er th~s ~r~%'~s~cr, ~hal! not be limited in any wa)' ~5' the agreed upon Agreement price as shown in this Agreement or the GP~/££'s lir. i~ of, cr lack of, sufficient insurance protection. L~..~_. All notices from the COU;:TY to the ~n~l~ -~ be deerefl duly. served if mailed by registered or cer~lfled mail to the GRAI:TE£ at the roi!ow:hq address: Michael E. Watkins, Chairman Na~tes Area Tourism and Convention Bureau P. O. Bcx 10129 ~aples, Florida 3~101 .Ail n~ces from the G~.~:TE5 tc the COU:~TY shall be deemed d~ly served ~f mailec by reglstered or certified mall to the CC~U~:TY County Manager Second Floor, Adr.~r. istraticn 33QI Tamlami Trail East ~aples, F!orida ]4112 The GPANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notifi- cation. Al! 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 GPANTEE or to constitute the GRANT£E as an agent of the COUNTY. 8. TEgM!NATION: The COUNTY or the GPANTEE ma}' 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 COUNTY terminates this Agreement without cause, the COUNTY will pay the GP~NTEE for all expenditures contracted to pay up to the effective date of the termination so ion~ as such expenses are part of the P~OPOSAL. If it is deterr~ine~ that there was not sufficient cause for the COUNTY to terr.~nate this Agreement, the GPA. NT££'s remedies shall be limited tc the payr~ent cf the contract amount earne~ by the GPANTEE cn t~.e date cf termination. GRA!:TEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the G9~NTEE terminates th~s Agreement. 9. GEN£PAL ACCOUNTING: G932:?EE is required to r~aintain complete and accurate accounting and prcject(s)/activity(ies) records. A complete and veriflable audit is due to the Administrator within sixty (60) days of the completion of the grant. All revenue related to the ~rcjec%/actlvity should be recorded, and all expenditures must be incurred within the contract period. GRA~T£E is required tO Sut. r.!~ annual financial statements on the financial condition of the prcject(s)/activity~ies), of the G~ANTE£ organization, and a special report on the receipts and expenditures of the grant related pro~ect(s]/activity(ies). Failure to surf. it accel, table flnancia! or special re~orts will result in the cessatlon of payments cn all grant contracts the GPA~:TEE may have with the CCTUTY at the tire, effectlue cn the date the submissicns beccme over~ue. Under such circumstances, no fur%her payments will be made for the duration of contract periods and any payments already made shall be subject, at the sole discretion of the COU~TY, to later return to the COU~:TY if acceptable statements and/or special reports are not submitted as required, or if the payments are later shown to not be properly matched. 10. TER;{: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. ' - ~ ' A! 11. REQUIRED hC.A.IO~: 1 promotional literature and media advertising produced with tourist tax revenues must include a visible reference to "Collier County, Florida - (logo) .... A Cccperatlve Effort Funded ~y the Collier County Tourist DeveloFment Tax." !2. The fcl!cwlng expenditure~ are ineligible and shall not be a. Annual operating expenG;ture not directly related tc the activity cr Fro~ect. b ..... Salaries of full-time sta'~ ~r.p..j~_..t~.' ~- of perscnne! not directly related to the activity or project. c. Peal property. d. Capital Improvements, including but not limited to new construct!on, rencvaticn, restoration and installation or replacement of fixtures. e. Tangible personal property, including but not limited to office furnishings or equipment, per- manent collecticns ¢.r individual pieces cf art. f. Interest, or reduction of deficits or loans. Expenses incurred cr obligated prior tc or after project funding period. ~rize money, sct,$!arshiFs, awards, plaques, certificates. Travel not associated directly with project. cr - 5 - i. Projects which are restricted to pr:rate er exclusive participation except fcc events which require a pregualificatlcn of parti- cipants through proven ability to generate hotel room nights during the Naples' area shoulder season. j. Private entertainment, food or beverages except for invitational events which require a prequalif- ication of participants through proven abi!:ty tc generate hotel room nights during the Naples' area shoulder season. k. Making pa~ents for goods or services purchased for previous or other events. !3. AME!~D~ENT$: Any changes in the prcject[s)/actlv- ityile~ such as project dates, key participants, an~ bu~et re'.'~s~&ns r~uEt be submitted first to the Tour:st Development Council anJ then tc the Board of County Ccr~issloners for consi~eraEicn, apFroval and contract amendrent by the 14. PFO~<OTiONAL MATERIALS: Ail promcticna! materials, incluJ:ng ~ut not limited to artwork, brochures, posters, and promotional Stems, shall be approved by the TDC before articles are prlnte~. 15. The Tourism Grant Pro,ram Guidelines, Grant Applica- tion, and Contract Administrat]on Guidelines are incorporated herein by this reference. GFAUTEE shall comply with all requirements included in the above documents as if some had been set cut verbatim herein. IN WITNESS WHEREOF, the GFANTEE and COUNTY have each respe- ctlve!y, ~y an authorized person or agent, hereunder set their hanJs and seals on the date and year first above written. Clerk ~OARD OF COUI:TY COMMISSIONERS COLLIEF COUNTY, FLORIDA - 6 - WITNESSES: G~$~NTEE (1) NA?LES AREA CO::';EN?iC:: AND VISITORS BUREAU, INC. (2} rccrpcra'.e seal) - 7 - Collier County Tourisl Development Co Jncil Grant Application Funding For Category B (Promotion and Advertising of Tourism in Collier County) and Category C (Local Projects and/or Activities which Promote Tourism in Collier County) Completed applications must be received at the below address no later than 5:00 p.m. November 1, 1995. Administrator Collier County Tourist Development Council County Manager's Of:rice 3301 East Tamiami Trail Naples, FL 33962 I. Na~'~,e and Address of Applicant Organizat/on: Naples Area Tourism Bureau Post Of:t~ce Box 10129 Naples, Florida 3394] Con:act Person, Title, and Phone Number: Michael E. Wat3:Jns Chai,'-'man, Naples Area Tourism Bureau (941) 261-2222 Organi~2~on's Chief Official and Title: Nlichael E. Watk/ns, chairman, Naples Area Tourism Bureau; (941) 261-2222 Is this an application for Category B (Promotion and Advert/sing of Tout'ism in" ": '--.7---~, Collier Count')or Category C (Local Projects and.,'or Acti,.'/:./es which Pre'mote ?~.$~.5 Tourism in Collier Count)')7 , - -- -- Check One: Category B X Category C $ AGE;,~DA ~TE~.~ Ho9 much/DC ['unding is your organization requesting? Of the 25% ~tegory B ~nds available (approximately $992,587, the NATB is requesting 60% or I595,552 Briefly describe program including: - 'Your organization's capability to promote Collier County as tourist destination. See Exhibit Geographic focus of promotion, i.e. Collier County, Marco Island, Everglades, etc. See Exhibit Applications must be accompanied by the followi.ng: a) Verification of not-for-profit slams See Exhibit "B" b) Last fiscal year financial statement See Exhibit "C" c) Incorporation paper unless specific, ally waived by TDC See Exhibit "D" d) Detailed line item budget for program for both revenues and expenses See -E.xJnibit "E" e) Detailed description of proposed plan See Exhibit "E" 0 Categor7 C projects and activ'ifies whk:h promote tourism should h~ve at~-.. emphasis on the "shoulder and off season" of May through Novembt:r.- v, rhat is the scheduled date(s) for your project/activ'ity7 AGENDAITEM t~o. g?/F, I _ DEC 1 2 1995 A marketing plan may be substituted for items d and e abovi: (included in Exhibit "E") ' to(i). Discuss why funds are unavailable from other sources. Tourism Development funds should not be viewed as supplanting or replacing existing funding sources. 10(j). Discuss the capacity of the project to enrich the artistic, cultural, and environmental am'activeness of tine ccnnmunity to the visiting public and compatibility with the communiD' in general. I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93- and agree that my organization ~.'il.l fully comply with the guidelines and criteria and Resolution No. 93- Signature of Or~:anization's Chief Official Date: AG r~_D -', ITEM DEC 1 2.1395 E~[BIT A Pgo~v~ s~¥ DEC D75 Pg /, '/ / ORGANIZATIONAL PROFILE AND CAPABILITIES The Collier County Tourism Corm'nittee (CCTC) is a cooperative effort by the county's Chambers of Commerce and private sector Visitors' Bureaus to ensure the most efficient and effective marketing of this area as a premier domestic and international destination. The Committee consolidates the tourism promotion efforts of the following organizations: ---Marco-Island"Co-nvcn'ti'o'~-&' Visitors Bh'f~i~u · Naples Visitors' Bureau · Naples Area Accommodations A,.isociation - Everglades City Chamber of Commerce · Golden Gate Chamber of Commerce · Immokalee Chamber of Commerce · Marco Bland Chamber of Commerce · Naples Area Chamber of Commerce The CCTC offers the TDC a highly effective cooperative effort led by respected hoteliers and business leaders., representing every region of Collier Count5,. The CCTC promotes the northern part of the county as the greater Naples area through the collaborative efforts of the Naples Area Accommodations Association, the Naples Visitors' Bureau and the Golden Gate, Immokalee and Naples Area C'hambers of Commerce under the umbrella of the Naples Area Tourism Bureau (NATB).. The CCTC promotes Marco Island area through a cooperative marketing program created and implemented by the Marco Island Convention & Visitors Bureau 0vilCVB) and the Everglades City and Marco Island Chambers of Commerce. AGEt;DA Il EM DEC 1 2 1995 / NAPLES AREA TOUKISM BUREAU ORGA.NI7_~TIONAL PROFILE The Naples Area Tourism Bureau (NAT'B) is an autonomous arm of the Naples Area Chamber of Commerce. The NATB was formed to promote flee greater Naples area and northern Collier County in a cohesive marketing effort. Speciicatly, the NATB represents East Naples, Golden ..... Gate, Immokalee, Naples, North Naples, Vandcrbilt Beach and adjacent unincorporated areas of Collier County. Our marketing goal is to am'act visitors to these areas in the spring, summer and fall. The NATB's advisory board is comprised of volunteer members representing the Naples Area Accommodations Association, Naples Visitors' Bureau, Golden Gate Area Chamber of Commerce and Naples Area Ch;umber of Commerce; members Dom area bus~esses and tour/st am'actions are also included. Collier County's southern half, i.e., Marco Island and the Everglades, is represented by the Marco Island Convention and Visitors Bureau (MICV'B). The Marco Island Chamber of Commerce, Everglades Chamber of Commerce and the Marco Island Visitors Bureau form the volunteer organization. NATB works closely with the MICV'B when F, lanning and applying for these tourist tax funds. The northern half of the county provides an estimated 60% of the tax dollars, therefore, both groups have agreed to a 60:40 allocation for the two geographic areas. The marketing strategies documented in ex.hibit "E" illustrate the anticipated efforts; acrual definitive expenditure plans w/ll follow the successful awarding of TDC funds. In conclusion, this collection of hotel and business professionals continues to offer Collier County the best oppor~nity to maximize the potential of the promotion dollars available. The marketing strategies were developed in concertwitb each other to benefit the entire county. AGEN,~. A ITEM DEC 1 2 BUDGETARY CONSIDERATIONS TD C Funding Request It is estimated that Naples area properties contribute approximately 64 percent of the tourist taxes collected in Collier County. This figure is b~ed upon the tourist taxes collected between November 1990 and November 1991 when properties in the Naples area contributed 64.2 percent of total collections. The NATB requests that 60 percent of the funds earmarked for promotion continue to be allocated to the greater Naples area pro~m-n proposed herein. Amount available for 1996 grants per the Collier County Budget Office: Naples Area Tourism Bureau (60%): Marco Island Convention and Visitors Bureau (40%): $992,587 $595,552 $397,035 -16- AGENDA ITEM DEC 12 1995 p~, ,~D_ Thsough NATB member organizations, in-kind contributions of approximately $500,000 in complimentary rooms, food and beverage, professional services and program-related expenses are being provided Io the Tourist Development Council's program on an annual basis. Airline and other industry organizations hav~ joined the NATB members as partners in past destination marketing effo~-ts, contributing up to $25,000 per year. These types of industry partnerships provide additional benefits to the proposed destination marketing program. In selecting the recipient of tourist tax revenues for the marketing of the greater Naples area, we would appreciate your consideration of the positive track record, established industry contacts, significant in-kind contributions, and results- oriented approach offered by the Naples Area Accommodations Association; the Naplei Visitors' Bureau; the Golden Gate, Immokalee and Naples Area Chambers of Commerce and the initial two years of NATB activity. (. -17- AGEtCDA ITEM NO.~ NAPLES AREA TOURISM BUREAU 1996 TOTAI. PROGRAM BUDGET 1996 BED TAX ALLOCATION: $'595,552 PROMOTION . .Advertising includes media placement International pubh'catiorrr Domestic publicatior~ - Public Relations professional services includes strategic plarming bureau communicatior~r, facilitating marketing plan.r, designing promotional materiats and media liaison services 110,000 - Production includes graphic dexigrrt, slide reproductions, te~'t translation, photograph)', design and layout 55,000 - Brochures reprint destirmrion guides and collateral 55,000 - Media Relations Expenses includes ail photocopies, mileage, news release postage arm press excursion supplies 40,000 - Travel Agent Relations 'Expenses includes all communication, mileage, postage a~wl on.site familiarization e_rpcnses 25,000 - Trade Show Expenses includes booth registration, sups>lies and per diem expenses 35,000 - Collaborative Efforts w/Marco Island Convention & Visitors Bureau includes familiarization trips, trade shows ar, d advertising ' 30,000 - M'arket Research includes collcctir, g arm assembh'ng occupancy origin and data - Clipping Sen'ice lO.OOO "AGEN~)A ITEM 9,000 DEC 1 2 1995 FULFILLMENT - Toll free telephones and direct mail fulfillment includes telephone lines, labor, postage, storage and delivery of materials aM accounting sen,ices TOTAL 75,0~ $595,5S2 -!9- AG END-.~ .1TE 13EC 1 2 1995 AMENDED A:';D RESTATED TOURISM GPANT PROGRAt~ AGREEMEt:T FOP ADVERTISItlG BY NAPLES AREA TOURISM BUREAU THIS At4ENDED AND RESTATED AGREEMENT, is made and entered into this day of , 1997, by and between the Naples Area Convention and Visitors Bureau, Inc., a Florida Corporation d/b/a Naples Area ~ourism and Convention Bureau and hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of %he State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUt~TY has a~opted a Tourist Development Plan I~ere:nafter referred to as "Plan") funded by proceeds from the Tourist Dev~!opment Tax: and WHEREAS, the Plan provides that certain of the revenues cenerated by the Tourist Development Tax are reserved for a~tl';~tles and events lntendec to promote, advertise and bring tuuris%s tc Ccll~er County for the peric~ between May through ~:c';erher earh year, hereinafter referred ts as "target perlcd"; WHEFEAS, G~.~;?EE appl~e~ ':c the Tour;st Develepment Counc:i and the CCUt:TY for funds to pt-smote Collier County as a ~our~st dest~natlon through prcm~ticna~ a~%i':~tles ccr~,sn %o r. arketing; and %.;H£~EAS, the COU:;7¥ desires to fund ~rcmctlcnal activltles: anC WHEPEAS, COU::TY and GRA:~rEE entered into a tourism grant program agreement on January 9, 1996; and WHEFEAS, certain provisions cf the agreement require WITt:ESSETH: ::©>:, THEREFORE, IT tS ~UT~!ALLY AGREED AS FOLLOWS: i. The above recitals are true and correct and ate lnccr- 2. SCCPE OF WORK: G~t:TEE 9repareJ a wr;t%en ~etaLle~ prc~cs~i outilnln~ specific ~rc2ec%(s~/actlvlty~leS) to be - i provided along with a detailed line item budget as part of the amended grant application process, hereinafter referred to as "PROPOSAL." The PROPOSAL is attached hereto and incorporated herein as Exhibit "A". GRANTEE ~hall provide the project(s)/ activity(les) outlined in the PROPOSAL within the budget provided in the pROPOSAL. GRANTEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GRANTEE and the COUNTY. 3. PAYMENT: The maximum payment under this Agreement shall be NINE HUNDRED THOUSAND DOLLARS ($900,000). The GRANTEE shall be paid for expenditures incurred for the project[si/activ- ity{les) upon submittal of a paid invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COU::TY shall be under no obligation whatsoever to make payments for goods or services in exc£ss of, or not included in the PROPOSAL or tc make pa}~ents using ans, source of funding other than the Tourls% Development Tax, crtc make payment to %he GRANTEE or any vezdrr in a~vance cf service. Any payment ma~e by the which is shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for pa~.ent. Any expenditures which have been pald to the GP~:TEE which are subsequently determined by the CCU~:TY to be an ~neligible expenditure shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the expenditure or the COUi:?Y at its option can withhold future payments to the GRANT££ or deduct the amount to be repaid by GRANTEE from any remaining grant funds. The G~ANTEE shall not be paid for any expenses incurred or obligations entered into by the GRANTEE prior to the effective Gate of the Agreement. 4. I~SURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Co~ission£rs 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 Ficrida, and provide General Liability Insurance for no less than the following amounts: BOZiLY 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 COMPE~SATION AND EMPLOYER'S LIABILITY - STATUTORY 5. i:~DEMNIFICATIO}~: 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 COU~TY 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 incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COU~:TY by any employee of the named GPANTEE, an)' s._~grantee, or anyone directly or indirectly employed or &uthcr~zed to perform work by any of them. The GRA~TEE's o~ligatlon under this provision shall not be limited in any way Dy the agreed upon Agreement price as shown in this Agreement or ~he GRAI!TEE's limit cf, or lack of, sufficient insurance protectlcn. 6. ~:O?iCES: All nctlces from 5he COU~TY to the G~A~:TEE shall be deemed duly served if mailed by registered or certifled ma~! tc the G?~3:iEE at the following address: Michael E. Wa~2kins, Chalrman Naples Area Tourism and Convention Bureau P.O. Box 10129 Naples, Florida 34101 GRAL~.~ to the COU:~TY shall be deemed duly Ail no~ices from the "m- served if ma~led by registered or certified mail to the COU~]TY tO: County I~anager Second Floor, Admlnistrat~:n 5uilJ:ng 3201Tamiaml Trail East t;aples, Flcrlda 34112 - 3 - 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. ~IO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRAY,TEE or to constitute the GP, ANTEE as an agent of the COUNTY. 8. TERMINATION: The COUNTY or the GP, ANTEE 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 COUNTY 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 determined that there was not sufficient cause for the COUNTY terminate this Agreement, the G~NTEE's remedies shall be limited tc the payment cf the contract amount earned by the GRANTEE on the date cf termination. Gf~NTEE shall pay to COU~TY all funds expen~ed by COU::T~' under this Agreement if the GRANTEE terminates thls Agreement. 9. GE:25FAL ACCOU~:TI::G: GPF~:~TEE is required to maintain core, fete and accurate acco'~ntlng and project(s)/activity(ies~ records. A complete and verifiable audlt is due to the Admin- istrator within sixty ((0) days cf the completion of the grant. All revenue related to the project/activity should be reccrOed, and all expendltures must be incurred within the contract period. GP~.!~TEE is required to submit annual financial statements on the financial condition of the project(s)/activity(ies), of the G9A~:TEE organization, and a special report On the receipts and expenditures of the grant related project(s)/activity(ies). Failure to submit acceptable financial or special reports will result in the cessation of payments on all grant contracts the GRAY, TEE may have with the COUNTY at the time, effective on the date the submissions beccme overdue. Under such circumstances, no further pa~ents will b~ made for the duration of contract perioCs and any pa~ents a2. rea~y made shall be sut. ject, at. - 4 - sole discretion of the COUNTY, to later return to the COUNTY if acceptable statements and/or s~ecial reports are not submitted as required, or if the payments are later shown to not be properly matched. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. ll. REQUIRED NOTATION: All promotional literature and media advertising produced with tourist tax revenues must include a visible reference to "Collier County, Florida - (logo)". "A Cooperative Effort Funded by the Collier County Tourist Development 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. Legal, medical, engineering, accounting, or audlting, services in excess of five percent (5%) of total project budget. c. Salaries of full-t~me staff. Employment of per- sonnel not directly related tc the activity or project. d. Real property. e. Capital Improve:nents, including but not limited to new ccnstructlcn, renovation, restoration and installation or replacement of fixtures. f. Tangible personal property, including but not limited to office furnishings or equipment, perma- nent collections or individual pieces of art. g. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. h. Prize money, scholarships, awards, plaques, certificates. i. Travel not associated directly with project. - 5 - or j. Projects which are restricted to private or exclusive participation. k. Private entertainment, food or beverages. 1. 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 participates, 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. GRAN?EE shall comply with all requir- ements included in the above documents as if some had been set cu: verbatim herein. iN WITNESS WHEKEOT, the GRANTEE and COUNTY have each respe- ctively, by an authorized person or agent, hereunder set their hands an~ seals on the date and year first above written. DATED: BOARD OF COUNTY COMMiSSiONERS DWiEH? E. B~OCK, Clerk COLLIER COUNTY, FLORIDA WITNESSES: Ry: , Chairman GR~.NTEE NAPLES A~EA CONVENTION AND VISITORS BUREAU, INC., D/B/A NAPLES A~EA TOURISM AND CONVENTION BUREAU By: - 6 - (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney NAPLES AREA TOURISM BUREAU PRELIMINARY 1996 PROGRAM BUDGET 1996 BED TAX ALLOCATION: TWO-YEAR DISTRIBLr~ON OF 1991 PREVIOUSLY COI-! .~CTED FUNDS (approximately $1,500,000): $450~000 PROMOTION- - Advertisizg includes media placement, International publicadons Domestic publications - Public Relations professional services - Production includes graphic design~, slide reproduction~, zeta rrar. Mation, photography, design and layout - Brochures repd~ desrbmffon guid~ and collateral :;~:;;i:' - Media Relations Expenses ' ';.: .......... : includes allphotocopies, raj&age, news release postage a~ pr~s ~c~sion suppli~ - Trade Show Expenses includes booth registration, supplies and per diem expenses - Market Research includes collecting and assembling occupancy o~n and data - Clipping Service FULFILLMENT - Toll free telephones and direct mail fulfi]knent includes telephone lines, labor, postage, storage ............ ~_,q_ z;!i. ye.__~ of ma~e. ~ts ,,nd ,,cc. o~_.ming se~ces SU TO'r 22 ~7 200,000 150,000 lO0,O00 ,GENE~ $1~600 ). ~.A" / EP ~ 1995 :.,,, $649,684 78,000 78,184 110,000 50,000 75,000 40,000 35,000 100,000 8,500 75,000 ~649,684 $ .099.68~ AMENDED AND RESTATE5 TOURISM GRANT PROGRAM FOR AGREEMENT FOR ADVERTISING BY MARCO ISLAND CHAMBER OF COMMERCE, INC. THIS AMENDED AND RESTATED AGREEMENT, is made and entered into this ~ day of , 1997, by and between Marco Island Chamber of Commerce, Inc., on behalf of the Marco Island & Everglades Convention and Visitors Bureau, hereinafter referred to as "GRANTEE" and Collier Courlty, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY has adoi$ted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tour~s~ Development Tax; and WHEREAS, the Plan provides that certain of the revenues generate~ by the Tourist Development Tax are reserved for ac%:v~ties and events intended to promote, advertise and bring %outlets to Collier County for the period between May through Nover. ter ea:h }'ear, hereinafter referred to as "target period"; WHEREAS, GRA[[TEE aspiied tc the Tourist Development Ccun¢i! an~ %he COUNTY for funds to promote Collier Count}, as a tour:st destination through promotional &ctivit:es common to destlnat~cn WHEREAS, the 3OUNTY desires to funC ~rcmctlc, n~l actlvi::es; and .~:.=~EAS, COUNTy anJ GOANTEE entered into a tourism grant ~rogram a~reemen~ on February 6, 1996; and WHEREAS, certain ~rovisicn of the agreement require ar, endmen%. WITNESSETH: NOW, TUror~OR ................... AGREED AS FCLLOWS: 1. The above recitals are true and correct and are ~ncor- 2. SCOPE OF WO~K: GP~NTEE prepared a written detailed ~.rcposa! cu%iin!n~ specific project(s',/activi%.:.(ies) provide~ along with a detaile~ llne item. budget as part of he ~O.~.~._ - amended grant application proc¢~ss, hereinafter referred to as "PROPOSAL." 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. GRANTEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to thls Agreement is entered into by the GRANTEE and the COUNTY. 3. PAY~4ENT: The maximum payment under this Agreement shall be Three Hundred Ninety-Seven Thousand and Thirty-Five ($397,035) dollars. The GPA1;TEE shall be ~atd for expenditures incurred for the project(s)/ activity(les) upon submittal of a paid invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COU~;TY shall be under no obligation whatsoever to make pa~ents for goods or services in excess of, or not included in the PROPOSAL or to make payments using any source of funding ot~,er than the Tourist Development Tax, or to make payment to the GFA~?EE cr any vendor in advance of service. Any payment made by the GPA~:TEE which is shown tc be an unauthorized expenditure durln~ ~he performance of the grant contract shall nc~ be e!igi~le for payment. Any expenditures which have been paid to the GRAY,TEE which are subsequently determined by the COU;;TY to be an ineligible expenditure shall be repaid to the COUNTY withln 30 days of written notice to GRAI{TEE of the expenditure or the COU?;TY at its option can withheld future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any remaining grant funds. The GRANTEE sh311 not be paid for any expenses incurred or obligations entered into by the GR~TEE prior to the effective date of the Agreement. 4. INSUP.ANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the ~romction, and be issued by a company licensed in the S Florida, and provide General Liability Insurance for no le - 2 - p~. BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory 5. INDEMNIFICATION: The G~J%NTEE, in consideration of TEN DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUt:TY by any employee of the named GRAHTEE, any subgrantee, or anyone directly or indirectly employed or authcrlzed to perform work by any of them. The GRANT£E's ohii~a%i$n under this provision ~hall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or %he G.RAt:T£E's limit of, or lack of, sufficient insurance proteJtion. E. H©?!CES: Ail notices from the COU~TY to the GP~.::UEE shall be deemed duly served if mazled by registered cr certified r. ai! tc the GPA~:TEE at the following address: John Dougherty, Chairman Marco Island & Everglades Conventicn and Visltors Bureau 560 South Collier 5oulevar~ Marco Island, Florida 34145 Ail notices from the GRA!~TEE to the COUNTY shall be deemed duly serveJ if mailed by registered or certified mail to the COUHTY to: County Manager Second Floor, Administration Building 3301Tamiami Tra~l East Haples, Florida 3~i12 AGENDA ITEM P~' The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notifi- cation. Ail 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 GPINTEE or to constitute the GRANTEE as an agent of the COUNTY. 8. TERMINATION: The COUN?Y 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 COUNTY 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 determined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GRANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. GRANTEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the GRAJ:TEE terminates this Agreement. 9. GENEPAL ACCCUNTiNG: GkANTEE is required to maintain ccmpiete and accurate accounting and pro~ect{s)/activityiies) reccrfs. A complete and verifiable audit is due to the Admlnistrator withln sixty (60~ days of the completion of the grant. All revenue related to the project/activity should be reccrde~, and all expenditures must be incurred within the contract period. GRANTEE is required to submit annual financial statements on the financial condition of the project(s)/activity(ies), of the GP. ANTEE organization, and a special report on the receipts and expenditures of the grant related project(s)/activity(ies). Failure to submit acceptable financial or special reports will result in the cessation of payments on all grant contracts the GP~ANTEE may have with the COUHTY at the time, effective on the date the submissions become overdue. Under such circumsta] no further payments will be made for the duration of con~ - 4 - '~es, AGENDA 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 and/or special reports are not submitted as required, or if the payments are later shown to not be properly matched. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. 11. REQUIRED NOTATION: All promotional literature and media advertising produced with tourist tax revenues must include a visible reference to "Collier County, Florida - (logo)". "A Cooperative Effort Funded b5, the Collier County Tourist Deve]cpmen= Tax." !2. I~:ELIGiBLE EXPE:2DITURES: The following expenditures are ineligible and shall not be paid ry grant funds: a. Annual operating expenditure not directly related to the ac%~vi:y o= project. b. Salarles cf full-time staff. Emp!o¥~ent of personnel not directly re!ate~ to the activity or project. c. Real property. ~. Capital Improvements, includin~ but not limited to new construction, renovatlcn, restoration an~ installation or replacement of f~x%ures. e. Tang:~!e personal property, Including but not limite~ to office furnishings or equipment, per- manent collections or individual pieces cf art. f. Interes%, or reduction of deficits cr loans. Expenses incurred or obligated prlcr tc or after pro3ect funding perlod. g. Prize money, scholarships, awarcs, plaques, or certlficates. events which require a pregualification of parti- cipants 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 pregualif- ication of participants through proven ability to generate 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 B¢~ard of Count), Commissioners for consideratlcn, approval and contract amendment by the Board, if aS~i:cable. 14. ?FOM~TiL!:AL MATERIALS: All promotional materials, Including tut nc% limited to artwork, brochures, posters, an~ pr~rctlcna! items, shall be a~Droved by the TDC before articles are ~rlnte~. !5. The Tourism Grant Pregram Guidelines, Grant Apb!ica- fish, an~ Contract Administration Guidelines are incorporated herein by this reference. GbANTEE shall comply with all requirements included in the above documents as if some had been se% cut verbatim herein. IH 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. DATEC.: C. WIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - 6 - , Chai rm~,n WITNESSES: GRANTEE / MARCO ISLAND CHAMBER OF COMMERCE, INC. (2) By: I Pi' ~ nt ecl/Typec~ Name ~corporate seal) Approved as to form and legal sufficiency H_.~ F. Ashtcn Assistan: County Attorney J~'~ 1 q 19g? MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET PUBLIC RELATIONS SERVICE FEE CLIP SERVICE MEDIA RELATIONS Fams ,United Kingdom (2) Invites & Mailing (2) Airline Cont. (2) Execution (5,000 x 2) (2,oo0 x 2) German (1) Invites & Mailing (1) Airline Contingency (1) Execution Domestic (2 Trips) (1) Invites & Mailing (2) Aidine Cont. (2) Execution (12 @ 200) (1,000 x 2) New Mark6,~ (1) Invites & Mailing Airline Contingency tli Execution .Individual Photo Dupes Releases Wire MEDIA DEVELOPMENT Reception (U.K.) THE ZI/C,/V~E RIV~AN Windfall Dollars $ 480 $ 10,000 $ -O- $ -o- $ -0- $ -0- $ -0- $ -0- $ 3,000 $ 5,ooo $ 2,OOO AGENCY $ -0- $ -o- $ -0- $ 13,500 $13,5OO 1996 Budget $ 84,000 $ 3,600 $ 42,000 $ 2,000 $ 10,000 $ 4,000 1,000 5,000 2,ooo $ 1,600 $ 2,400 $ 2,ooo $ 3,000 $ 3,500 $ 4,ooo $ 1,500 $ 18,000 .o._¢ ' J/~.~ I ~ 1997 MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET German Media Mission (1) Lodging $ -0- (1) Airlines $ -0- (1) Per Diem $ .-0- (1) Execution $ -O-- Meetings Phone Transportation (1) Research $ .-0- (1) Preparation $ -O- Long Distance Phone & Fax Printing United Kingdom Media Mission (1) Lodging $ -0- (1) Airlines $ -0- (1) Per Diem $ -0- (1) Execution $ -0- Meetings Phone Transportation (1) Research $ -0- (I) Preparation $ -0- Long Distance Phone & Fax Printing Production INTERNET Creation of Advanced Site Administration Fees ($80/month) Research Electronic Promotion Research Interactive Advertising Placement Changes To Site SALES DEVELOPMENT (Tradeshow Booth) INDUSTRY RELATIONS (SATW & FDOT) THE ZIN'~/VI, ERI~,~AN AGENCY $10,000 $ -0- $ -0- $ -0- $ 10,000 $ -0- $ 30,0(L0 $ 8,0( 0 1,100 2,00O 650 1,250 1,500 2,50O $ 1,100 $ 2,000 $ 650 $ 1,250 $ 1,500 $ 2,500 $ 7,260 $ 2,5OO $ 96O $ ~,ooo $ 1,000 '0' $ 1,800 AGENDA MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALl. & 1996 BUDGET COLLABORATIVE EFFORTS W/ NATB (Including but not limited to Faro Trips, Trade Shows and Advertising) ' NEW MARKET DEVELOPMENT Trip (see German/U.K.) Research Market & Create Media List Administration, Phone Transportation PROMOTIONS Airfare Fund Production Costs Joint Venture Contingency PHOTO SHOOT CONTINGENCY OUT OF POCKET $ 24,000 $ 9,OOO $10,000 $ 5,000 40,177 -0- 5,177 35,000 $ 20,000 -0- $13,800 $ 4,000 $ 9,800 .-0- $ 20,000 -0- $ 843 $ 12,240 $ -0- $16,00Q $157,000 $216,900 THE Z IN~/V'.E RI4AN AGENCY MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET_ ADVERTISING MEDIA PLACEMENT Windfall Dollars '% 1996 Budget Print 0 $ 78,135 · 1996-97 FL Vac Gde 6/96 (ann) full page $13,250 · SE Trsm Scty Vac Gde 5/96 l/4pg $8,857 · FL First Insert 3/96 1/4 pg $4,016 · Sell Lng Haul 11/96 full page $7,839 · Recommend 6/96 & 9/96 full page $12,623 · NJ Str Ldgr 4/96 & 9/96 brochure page $2,400 · BHG 3/96, 4/96, 9/96, 10/96 1/6 pg $14,300 · Sthrn Lvng Vac Spring and Summer (qrtly) $4,600 · Sthm Lvng 2/96 & 5/96 1/6 pg $9,300 · Newsday 9/96 brochure page $950 · Newspaper Advertising - Flodda Markets TBD Broadcast $ 24,000 $ 224,OOO $ 0 · New York, Chicago, Miami/Ft. Lauderdale BROADCAST PRODUCTION $ 70,000 $ 0 · Breakout TBD By Spot Chosen PRINT AD PRODUCTION 0 $ 10,000 · Paste Up $1,300 · QMS $5OO · Color Separations $8,000 · Shipping $200 THE ZI/'~t~E RNI, AN AGENCY 2~ MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET COLLATERAL PRODUCTION · concept $1,000 · copy $680 · layout $840 · type $900 : · paste up $800 · QMS $200 · color separations (8 4-color photos) $6,000 · printing $59,080 (quantity: 100,000) · shipping/administrative $500 ADVERTISING TOTAL $ 50,000 $368,000 20,000 $108,135 THE Z I f4/V~ERMAN AGENCY MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALl. & 1996 BUDGET Windfall Dollars 1996 Budget ADMINISTRATIVE COSTS PRODUCTION (Public Relations) $ 15,000 $ 30,000 . Press Kit Pdnting $13,000 · Letterhead $8,000 · Envelopes $8,000 · Brochures-Printing Only $16,000 (quantity 27,000) CHAMBER FULFILLMENT** $ 57,600 $ 42,000 ACCOUNTING SERVICES $ 2,400 $ 0 · Included Per Cvb Est. Monthly Bill X 12 A DMIIqlSTRATiVE TOTAL $ 75,000 $ 72,000 GRAND TOTAL $600,000 $397,035 *' Note: Dollars allocated to Chamber Fulfillment are to cover any and all variable and/or fixed fulfillment costs for the CVB --i.e., postage, temporary outside fulfillment vendor to cover television calls, capital upgrade for phone system at Marco Chambbr, toll-free numbers and calls, etc. THE Z I ,NI /VI E R A~I A N AGENCY t"J : ~, ~997 AMENDED AND RESTATED TOURISM GRANT PROGRAM AGREEMENT FOR ADVERTISING BY MARCO ISLAND CHAMBER OF COMMERCE, INC. THIS AMENDED AND RESTATED AGREEMENT, is made and entered into this day of , 1997, by and between Marco Island Chamber of Commerce, /nc. and hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for activ~tles and events intended to promote, advertise and bring tc~:r:~c ~c Collier County for the period between May through !:3ver~er each year, hereinafter referred to as "target per:od": WHEF£AS, G~A::?EE applied to the Tourist Development Council an~ the C©U~:TY for funds des~nat:cn through prcmctional activities ccr~.cn tc destination marKet:nS; an~ WHEREAS, the COU::TY des:res to fund promctkcnal activmt~es; anc WHEREAS, COU::TY and GRA!~TEE entered into a tourism grant progran agreement dated January 16, 1996: and WHEFEAS, certain provision of the Agreement require amendment. WIT~:ESSETH: ~OW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The above recitals are true and correct and are incor- psra~ed herein. 2. SCCPE OF WO~E: GRANTEE prepared a written detailed ~rc~$sal outlining speciflc prcjec%(s)/ac%~vity(ies) prc'/:Ced along with a detaile(: line item budget as part amended grant application process, hereinafter referred to be .. t aGENDA I'TkM of he "PROPOSAL." The PROPOSAL is ~,ttached hereto and incorporated herein as Exhibit "A". GRANTEE shall provide the project(s)/ activity(les) outlined in the PROPOSAL within the budget provided in the PROPOSAL. GRANTEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GRANTEE and the COUNTY. 3. PAYME~:T: The maximum payment under this Agreement shall be SlX HUNDRED THOUSAND DOLLARS ($600,000). The GPA~;TEE shall be paid for expenditures incurred for the proJect(s)/activ- ity(ies) upon submittal of a paid invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation ~hatsoever to make payments for goods or services in excess of, or not included in the PROPOSAL or to make pa)~ents using any source of funding other than the Tourist Development Tax, or to ~ake payment to the GRANTEE or any vendor in advance of service. Any payment made by the GP3~5:TEE which is shown to be an unauthorized expenditure during the performance cf the grant contract shall not be eligible for ~a~ent. An}, expenditures whi¢:h have been paid ~o the which are subsequently deter~.ined by the COU~:?Y to be an ine!ig:ble expenditure shall ~e repaid to the COUNTY with:n 3~ days of wr:tten notice to GP3,~i?E£ of the expenditure or the CGU:~TY at its option can withhold future pa~.ents tc the or deduct the amount to be repald by GRA~ITEE from any grant funds. The GKA~i?EE shall not be paid for any expense~ incurred or obligations entered into by the GRANTEE prior tc the effective date of the Agreement. 4. I~:SUFZ~CE: GRANTEE i:~ required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist D,~velopment Council as additionally insured. The certificate must be valid for the period cf the promotion, and be issued by a company licensed in the State of Florida. and provide General Li~bi!ity Insurance for nc less than the following amounts: AG~NDA'~'.kM B©DILY Ir:JURY LIABILITY $300,000 each cla=m per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY S300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory 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 incidental 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, an}' subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. The G~ANTEE's obligation un~er this provision shall not be limited in any way ty the agreed upon Agreement price as shown in this Agreement or the G~A~:TEE's limit of, or lack of, sufficient insurance protection. 6. [:OTICES: All notices from the COUNTY to the GRA::TEE shall be deemed duly served if mailed by registered or certified mall to the GRA~:?EE at the following address: John Dougherty, Chairman Marco Island and The Everglades Convention and Visitors Bureau 560 South Collier Boulevard ~{arco Island, Florida 34145 All 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 3301Tamiami Trail East ~4ap]es, Florida 34112 The GP.n.!:TEE and the COUHTY may change the above mailing address at any time upon g!v:ng the other part'..' written not, fl- cation. Ail notices under this Agreement must be in wr,...ing.I/ ~. 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 COUNTY 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 determined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GRANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. GP~:TEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the GP~.NTEE terminates this Agreement. 9. GE:;ERAL ACCOUNTING: G~RNTEE is required to maintain complete and accurate accounting and pro2ect~s)/activity(ies} records. A cctv!ere and verifiable audit is due to the A~minls- tratcr within sixty {{O) days cf the completion of the grant. All revenue rela%ed to the projert/a:tivlty should be recorded, an~ all expenditures must be incurred within the cch%tact per:cd. GPANTEE is required to submit annual financial statements on the financial ccndltion of the prc~ect(s)/activity(les), of the G~A::UE£ organ:ia:ion, and a spec:al report cn the recelpts and expenditures cf the grant related pro~e:t(s)/activity[ies). Failure to submit acceptable financial or special reports will result in the cessation of payments on all grant contracts the GPA::TEE may have with the COUHTY at the time, effective on the date the submissions become overdue. Under such circumstances, no further payments will be made for the duration cf contract ~erlc~s anJ any payments already made shall be subject, at the sole d:scret~cr, cf the COU::T%', to later re%urn to the azce~table scater, ents and/or special reports are not submitteI I required, or if the payments are later shown to not be properly matched. 10. TERI4: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. 11. REQUIRED NOTATIONS: All promotional literature and media advertising produced with tourist tax revenues must include a visible reference to "Collier County, Florida (logo)" "A Cooperative Effort Funded by the Collier County Tourist Development 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 perso- nnel net directly related tc the activity or pro]eot. c. ~eal proper%y. d. Capital Improvements, including but no: limited to new construction, renovation, restoration and ins%al!atlcn or replacement of fixtures. e. Tangible personal property, including but not limite~ to office furnishings or equipment, per- manent collections or individual pieces of art. f. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. g. Prize money, scholarships, awards, plaques, or certificates. h. Travel not associated directly with project. i. Projects which are restricted to private or exclusive participation. j. Private entertainment, food or beverages. k. r~aking payments for goods or services purchase: previous or c~ther events. - 5 - 13. AMENDMENTS: Any changes in the project{s)/activ- ity(ies) such as project dates, key participates, 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 ~rtwork, 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. GRANTEE shall comply w~th all requirements included in the above documents as if some had been set cut verbatim herein. IH WITNESS WHEREOF, the GPANTEE and COUNTY have each respe- ctively, ~y an author:zed pers&n cr agent, hereunder set their hands and seals cn the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COU~:TY COMMiS£iONERS COLLIEB COUNTY, FLORIDA By: , Chairman WITNESSES: GR/LNTEE (I) MARCO ISLAND CHAMBER OF COMMERCE, INf. (2) By: (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET · LIC RELATIONS ~-ICE FEE SERVICE IA RELA'rlONS Windfall Dollars -0- 480 0,000 Fares U_..0~n it e d Kinodom_ (2} In,rites & Mailing (2) Aidine Cont. (2) Execution (5,000 x 2) (2,000 x 2) , Germa.~_n ,e111 Invites& Mailing Airline Contingency (1) Execution Domestic (2 Trios} (-1) Invites & Mailing (2) Airline Cont. (2) Execution (12 @ 200) (1,000 x 2) New M arke_t (-1) invites & Mailing (1) Airline Contingency (1) Execution Individua_l Photo Dupes Releases Wire -;DIA DEVELOPMEr4T Reception (U.K.) $ -O- $ -o- $ -o- $ -o- $ -0- $ -0- 3,000 $ 5,000 $ 2,000 $ -0- $ -O- $ -0- $ -o- 13,500 13,5OO 1996 Budget 84,000 3,600 42,000 $ 2,000 $ 10,000 $ 4,000 $ 1,000 $ 5,000 $ 2,000 $ 1,600 $ 2,400 $ 2,OOO $ 3,C 30 '~';r,,'~ ~ .... $ 3,~. 00 ":: '~'L(''4,)'' $ 4,( 00 ,...: '. '..:.? $ 1, ,00 JAN '1 6 1996 Pg~ .... MARCO ISLAND & THE EVE. RGLADES CVB 1996 WINDFALL & 1996 BUDGET German Media Mission (1) Lodging (1) Airlines (1) Per Diem (1) Execution Meetings Phone Transportation (1) Research (1) Preparation Long Distance Phone & Fax Printing United Kingdom Media Mission (1) Lodging (1) Airlines (1) Per Diem (1) Execution Meetings Phone Transportation (1) Research (1) Preparation Long Distance Phone & Fax Printing Production ITERNET Creation of Advanced Site Administration Fees ($80/month) Research Electronic Promotion Research Interactive Advedisin9 Placement Changes To Site ALES DEVELOPMEI',IT (Tradeshow Booth} 1DUSTRY RELATIONS(SATW & FDOT) $ -~ $ -o- $ .-o- $ .-o- $ -0- $ ..0- $ -0- $ -0- $ -0- $ -0- $ --0- $ -0- $10,000 $ -0- $ -0- $ 10,000 $ -0- $ 30,0 0 $ 8,0 o / $ 1,100 $ 2,000 $ 65O $ 1,250 $ 1,500 $ 2,5O0 $ 1,100 $ 2,000 $ 650 $1,25o $ 1,500 $ 2,5O0 MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET COLLABORATIVE EFFORTS W! NATB (including but not limited to Faro Trips, Trsde Shows and Advertising) NEW MARKET DEVELOPMENT Trip (see Germa~VU.K.) Research Market & Create Media List Administration, Phone Transportation PROMOTIOIqS Aidare Fund Production Costs Joint Venture Contingency PHOTO SHOOT CONTIhlG ENCY OUT OF POCKET -0- $ 20,000 $ 24,000 -0- $ 9,000 -0- $10,000 -0- $ 5,000 -0-- $ 40,177 $ 13,800 $ -0- $ 4,000 $ 5,177 $ 9,8OO $ 35,000 -0- $ 20,000 -O- S 843 $ 12,240 $ -0- $16,000 $157,000 $216,900 AGENDA ITEM · ,-~" ~ -", 1997 AGEt,tDA IT FJ,~. J/~l~ 16 1996 MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET_ A.._D V_._~E_R TI S ! N G. Windfall Dollars 1996 Budget ~,~ EDIA PLACEMENT Print · 1996-97 FL Vac Gde 6/96 (ann) full page $13,250 · SE Trsm Scty Vac Gde 5/9.6 l/4pg $8,857 · FL First Insert 3/96 1/4 pg $4,016 · Sell Lng Haul 11/96 full page $7,839 · Recommend 6/96 & 9/96 full page $12,623 · N,J Str Ldgr 4/96 & 9/96 brochure page $2,400 · BHG 3/96, ,4~6, 9/96, 10/96 116 pg $14,300 · Sthrn Lvng Vac Spdng and Summer (qrtly) $4,600 · Sthm Lvng 2/96 & 5/96 1I$ pg $9,300 · Newsday 9/96 brochure page $950 · Ne,..:sp~-per Adve~ising - Florida Markets TBD Broadcast · l'~ew York, Chicago, Miami/Ft. Lauderdale ;~ ROADCAST PRODUCTION · Breako~ TBD By Spot Chosen PRIN'r AD PRODUCTION ', i- aste Up Sl,300 · QMS $500 · Color Separations 58,000 · Shipping $200 24,000 224,000 0 $ 78,135 $ 0 70,000 $ 0 lo-:,R lO,OOO · AGENDA FT'.I-n~ JAN 16 1995 P~ .._.~.. (- I MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET COLLATERAL PRODUCTION · concept $1.000 : · copy $680 · layout $840 · type $900 · paste up $800 · QMS $200 · color separations (8 4-color photos) $6.000 · printing $59.080 (quanthy: 100,000) · shipping/administrative 5500 ADVERTISING TOTAL $ 5o,ooo $ $368,000 20,000 $108,135 AGEr4DA ITEM No. ",."(~ / JAN 15 1995 p~ /,-~--{ ... MARCO ISLAND & THE EVERGLADES CVB 1996 WINDFALL & 1996 BUDGET ,.. Windfall Dollars 1996 Budget ADMINISTRATIVE COSTS PRODUCTION (Public Relations) · Press Kit Pdnting $13,000 · Letterhead $8,000 · Envelopes $8,000 · Brochures-Printing Only $16,000 (quantity 27,000) CHAMBER FULFILLMENT** A CCOUh~T1NG SERVICES · Included Per Cvb Est. Monthly Bill X 12 A DMIHISTRATIVE TOTAL GRAND TOTAL $ 15,000 $ 30,000 57,60O $ 42,000 2,4OO $ 0 $ 75,000 $ 72,000 $600,000 $397,035 · ' Note: Dollars ~located to Chamber Fulfillment are to cover any and all varia, ble and/or fixed fulfillment costs for the CVB --i.e., postage, temporary outside fulfillment vendor to cover television calls, capital upgrade for phone system at Marco Chamber, toll-free numbers and calls, etc. AGEt,~D/~ No. ,/(j~' 1_ JAN 1 6 1996 ~g./. ~ COI~SIDER APPROVAL OF AN AGRE~ BETWEEN COLLIER COUNTY AND THE CHALLENGE FOUNDATION, INC. FOR THE FUNDING OF THE 1997 PGA GOLF TOURNAMENT WITH TOURIST DEVELOPMENT TAX FUNDS AND APPROVAL OF AN AGREEMENT BETWEEN THE GREATER NAPLES CHAMBER OF COMMERCE, INC. AND COLLIER COUNTY FOR FUNDING OF FULFI~ WITH TOURIST DEVELOPM~RT TAX FUNDS. OBJECTIVE: To consider approval of an Agreement between Collier County and The Challenge Foundation, Inc. for the funding of the 1997 golf tournament and approval of an agreement between the Greater Naples Chamber of Commerce, Inc. and Collier County for the funding of fulfillment. CONSIDERATION: On May 14, 1996, the Board of County Commission- ers approved the funding of the 1997 golf tournament in the amount of $600,000. The grant application identified that $500,000 would be for television and tournament operations and $I00,000 would be for fulfillment. Since the Board approval, the Greater Naples Chamber of Commerce, Inc. has agreed to complete the fulfillment portion of the application including the production of two thirty second commercials and the tracking and response to telephone inquiries to an 800 number. The Challenge Foundation, Inc. will coordinate with ESPN and the PGA to air these commercials during the telecast of the 1997 Naples Marco Island LG Championship on February 7-9, 1997, which is the only time these commercials are scheduled to air. Since the Board approval, the Challenge Foundation, Inc. has obtained a significant sponsor of the 1997 tournament and future tournaments. The attached agreement between Collier County and The Challenge Foundation, Inc. varies from the County's standard form as follows: No annual financial statement or audit is required. In lieu of this language, the applicant is required to provide any additional documentation requested by the County to complete its final accounting of this rant. AGENDAITE~ The guidelines are waived. Pg. Executive Summary 1997 PGA Golf Tournament Page 2 The section regarding the reimbursement of excess revenues is deleted because any excess revenues will be donated to charity. .The attached agreement between Collier County and the Greater Naples Chamber of Commerce, Inc. is a reimbursement contract. GROWTH M~NA~ IMPACT: None. FISC;ML lq~PACT: Funds are available Development Fund 193. RECO~4~N-DATION: Consider approval authorize the Chairman to sign the same. in Category C, Tourist of the agreements and Prepared · Heidi F. Ashton Assistant County Attorney Date Approved by~~ David C. Weigel County Attorney Date h:/ew/hfa/executi~e summary/challenge foundation AG £N D3:JT~4 TOURISM GRANT AGREEMENT FOR 1997 PC, A GOLF TOURNAMENT THIS AGREEMENT is made and entered into this day of , 1997, by and between The Challenge Foundation, Inc., e Florida 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 activities and events intended to bring tourists to Collier County for the period between May through November each year, here!halter referred to as "target period"; and NHEREAS, GRANTEE applie~ %o the Tourist Development Council and the COUNTY for funds to provide a golf event which will cr has the ~otential to attract out-of-County visitors either as particl~ants or spectators generating ho%el/motel/ campgrcunJ room nights; and WHEPEAS, the COUNTY deslres to fund such prcgram/actlvlty. WITNESSETH: ~:OW, THEREFORE, IT IS MUTUALLY AGREE2 AS FOLLOWS: i. The above recitals are true and correct and are incorporated herein. 2. SCOPE OF WORK: GPANTEE prepared a written detailed proposal outlining an event to be provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as "PROPOSAL." The PROPOSAL is attache~ hereto and incorporated herein as Exhibit "A". GRANTEE shall prc'.'ide television coverage, productlon, adm~nlstrat:cn cperat:cn cf the golf event outlined in the PROPOSAL w~th~n ~udgete~ amount provided in the PROPOSAL. GRANTEE shall no - 1 - paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GRANTEE and the COUNTY. 3. PAYMENT: The amount to be paid under this Agreement shall be Five Hundred Thousand ($500,000.00) Dollars for television production and other operation costs relating to the telecast of the 1997 PGA golf tournament. The GRANTEE shall be paid 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 GPANTEE or any vendor in advance cf service. Any payment made b~' the G~ANTEE which is later shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for payment. Any expenditures which have been paid to the GPANTEE whlsh are subsequently determined by the COUNTY to be an :ne!lTible expenditure shall be repaid to the COUNTY within 30 days o~ written notice to G~ANTEE of the ineligibility cf the expenditure cr the COUNTY at its option can withhold future ~a}~.ents to the GRANTEE cr deduct the amount tc be repaid by G~ANTEE from any remaining grant funds. 4. INSUP~.NCE: The Challenge Foundation, Inc. shall su~mlt a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured The certificate must be valid for the period of the promotion and the duration of the events, 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 $500,000 each claim per person PROPERTY DAMAGE LIABILITY $500,000 each claim per perso: PERSC::AL INJURY LIABILITY $500,000 each claim per persoi - 2 - WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory 5. INDEMNIFICATION: The Challenge Foundation, Inc. in consideration of TEN DOLLARS, the receipt and sufficiency of which is accepted ~hrough 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 incidental 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 G~ANTEE, or any subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. The GP3.:]TEE's obligation under this provision shall not be limited in amy way by the agreed upon Agreement price as shown in this Agreement or any limit of, or lack of, sufficient insurance ~rctecticn. 6. ~:CTICES: All notices from the COU:ITY to the GPA[:TEE shall be deemed dult' served if mailed by registered or certified mali %o the GP~.::TEE at th~ following address: William F. Rasmussen, Chairman The Challenge Foundation, Inc. 2706 South Horseshoe Drive, Suite 103 Naples, Florida 34104 All notices from the GP~2:TEE to the COU}ITY shall be deemed duly ser'/eJ if mailed by registered or certified mall tc the COU::?Y County Manager Second Floor, Building F 3301 East Tamiami Trail Naples, Florida 34112 The GPA?iTEE and the COUt:TY may change the above maillng a~dress at any time upon giving the other party written notlfic- at:ch. All notices under this Agreement must be in writing. 7. T~O PA~TN£KSHIP: Nothing herein ccn~aine~ shall be construed as creating a partnership between the CCU::TY and ~ S~A::TEE cr to constitute the GRANTEE as an agent of the COUNT'. 8. TER~.:iNATIO~;: The COU::TY or the G~A~:TEE may cancel hms - 3 - contract with or without cause on at least 30 days advance written notice of such termination and specifying the effective date thereof. If the COUNTY terminates this Agreement without cause, the County will pay the GRANTEE for all expenditures incurred up to the effective date of the termination ~o long as such expenses are part of the PROPOSAL. If it is determined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GRANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GRANTEE terminates this Agreement, GRANTEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEE prior to the event occurring. 9. GENEPAL ACCOUNTING: GRANTEE shall maintain adequate financial records concerning the expenditures paid by the County pursuant to the terms of this Grant. All records shall be available to the County for its inspection upon written notice to %he GPA~:TEE. GPANTEE shall also submit any additional documentation requested by County to complete its final accounting cf this grant. ~. T£PM: This Agreement shall become effective u~cn execution by both parties and shall remain effective for one year. l]. REQUIRED NOTATION: Al! promotional !itera~ure and media advertising must prominently list the Collier County 7ourist Development Council as one of the sponsors. 12. INELIGIBLE EXPENDITURES: The following expenditures are ineligible and shall not be paid with grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-time staff. Employment of perso- nnel not directly related to the activity or project. c. Peal property. - 4 - AC~ :f N DA ITEM No.~ ,:., , . l'nq7 d. Capital Improvements, including but not limited to new construction, renovation, restoration and installation or replacement of fixtures. e. Tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. f. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. g. Prize money, scholarships, awards, plaques, or certificates. h. Travel not associated directly with project. i. Projects which are restricted to private or exclusive participation except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. j. Private entertainment, food or beverages except for invitational events which require a prequa!ifl- cation of participants through proven ability generate hotel room nights during the Naples' area shoulder season. k. Making payments for goods or services purchased for previous or other events. 13. GRANTEE will coordinate with the PGA and ESPN to air the %hlrty second commercials produced by The Greater Naples Area Chamber of Commerce, Inc. during the telecast of the 1997 Naples Marco Island LG Championship on February 7, 8, and 9. 14. AM£NDME~:TS: Any changes in the event 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 Com.missloners for consideration, approval and contract amendment by the Board, if applicable. - 5 - A~..-- N DA ITEN IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. , Chairman WITNESSES: (1) THE CHALLENGE FOUNDATION, INC. (2) By: WILLIAM F. RASHUSSEN Chairman (corporate seal) Apprcved as to form and legal sufficiency: Held'. F. Ashton Assistant County Attorney - 6 - AC' EN~."', ITEM No. Pg. -~ .;,.~ .... , ., ,, ~.'~':::~)~ - ..... 'J .... ' '~ , .... ,e.', ~ .' ........ "'""~~,.'~7~. · .~'.~E':.":~ .,,..: ..... . .. ~.. ~,~.~....- .... ,, ... .-. . .... · .,,. ,-:3, ,~ .~ .,,. .. ............ ,~ "'? ~' · ' . .... ' ' .' ...... ".'~ ,",'.4. ; '., .'. '." ". '. . ~.. ': .t,,. ,'.~ · ° , . .'.. '..,~...q'-:~,.: ,r.: ' - ' ' , , ', . ,.'2-. ~ '"" ;~ " ; ' ' ., '" ..... . ' .. ~ ." . '" "' .",",'X:' '° ' ' ' · ' · ' ' .' ' ' " .~:,Grant Application.'..:,:.i:i:~n~n{;:.:.',. 'i :' ,';.. .... ~ : :', - Funding For Category B (Promotion and ^dvcrtisin~-of Tourism in Collier County) and Category C (local Projects and/or Activities which Promote Tourism in Collicr County) ... :.. .... -_ '~:..... ~;, '. · . ~ . ~..: ;:. · ,,.--. ..... Completed applications mu~ be received at the '~l~:address 'no later than $:00 P.M. November I, 199.4... · · ~Administrator Collier County Tourist Developm~mt Council Count), Manager's Office ]B01 E. as't Tamiami Trail ..... NapIes, Florida :33962 Name and Address o£ Appliczm Organization: The ehadd.~ Fou~da.t.d.o., Inc. 2;9 Coloa~Ze CLact¢ NapLes, Flo,~a~da 33~40 Contact Person, Tide, :md Phone Number: Organization's Chief OFficial and Title: "Wd. td~a~ F. Rashes_sen., Chadz~an Is ibis an applica:ion for CatcgnrT B (Promotion and Advents,n,.., ol Count)') ~r (;a~c~nQ' (' ,1.heal Projects and/or Ac~ix'ifics ~vh,ch P MAY 14 1996 l'[ow much TDC fianding Is · "':'. '. '~' '.' '". :'""~ '~ 'i!" .' · .'7'.':~'i "':.. '.' · $ ~00,000 ' : '" ':' " '"' _ ,, . .~ .,~, ~ * ~ , ~ -.'.,.'. , .,.. ,'-: ~ · *,... -' ., .,, · ~ ·-,.: ';: .... " i.r'.".=~ .~ ..-:,' '='~' ~'-':. !.',:' ",:-~ ~:i'i'.~',:~ :'.. [3Hefty describe program'ir{i:luding: .! .::..h.~.. ' . .:-. >,:': .!.: .;..t . ...~ H:.: ,',. . Your organization's capability lo promote Collier County ~ tourist d~sdnation. · . '.:'..~. :: ~,, ,'~r.~ .-,~. . ..... ... ~.~ ;.;.':. : ........ ~'.. ,' ..., ,~ ..,.~.,,-~:..,.'./. S¢~ ~t~.~__~ "" ' · ........... ".~ :. See Geographic focus of promotion, i.c. Collier County, Marco Island, Everglades, etc. C / 7. Applications must be accompanied by the following: c) (.'a~¢.,_,,~r). 'C. projects and .-,c:ivifics which I~romme touri.~m .,houid d~,. "sh.,uh!<'r and off season" of ..',.la? throu.'h Novcmbe=. \~,'lla~ is ~l~e sch, · ..: i;...~ Fe.~.'u.~ct'~u 'JO -=16, PJ'~i'": Jv '" . ....... ' ........... Verificatien of not-for-profit status L~t fiscal ye. ar financial statement N/A Incorporation papers unless specific.'~lly waived by TDC See Derailed line ilem bud~el for program for both revenue, ~d ex~en,e~~~ Detailed description of proposed plm~ Se~ J have C .~... ..Y r:orgamza,o,~ wd! measure Ibc '~umNir ¢ ~.llr.oo. m mgh~s generated b~,'yobr ivenl." ':': r,.r,...?-~.:,. '; See' a,Ctac~ed Category C Selectioa Criteria: ldenti~ the potential for attracting "shoulder and off seaxon", ou~.-of-cotmty visitors a~ spectators or participant~ expressed ~ "shoulder and off season' vbhors zttracted per Tourist Development dollar expended. .gee 10(b). Identify lhe potent/a[ for attracting "out-o£-cotm~)." vixilors ax spectators or punicipm~x, expressed ax "oubof.-county" vbhors ~tracted per 'l'oulqs~ l)evelopmem dollar expended. See a. Lt. acl~ed ~O(c). 1 o(d). Identify the es'dmated ntumber of hoteL/motel or campground nights generated fi.om the alloc, atior.m of Tourir~ Development funds expressed as ovemi,,ht '~tays lber Tot:fist Development Dollar expended. -See a..t~ched ' IdentiiS, the matching dollars provided by your organization expressed as matcking dollars per Tourist Developmen! dollars expended. See aLt. ached I 0(e). Identify the futm-e growth potential of the projm:! being submlned withou~ Development funds ~.~ TDC fundin2 is ~o be reearded as :,ced money, not comin funding. " " _ see a.t.~ched No._ ........ ' ........... ""=" ' '" if its ability lO(g). Discu~i yo~ orgm3:ization's management and s~ability; ~ecifically, m terms lo manage the project in accordance with re~alatiorts and to 'achieve the intended result. See a.t. taehed lO(h). Discus you. r organization's readiness to implement the project. C A~ZND;', .o. pg.. AGENDA ITEM No._ ~'£~ artractivgfieSs 'of the commtmity tg'th.e.,v!siti~g pu,.b!i~, ~d, c~mpatibHity ~i..~., the commurdty in general. See a~.aeh ed "' ' (. I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93- md agree that my orga.n2za6,otr.~l fully /..,./ S'ignat'm'e of Orga. dmtion's Chief O~ci2.1 I) ~\vP.~,2I'~/,TA'~LI.t3',KPK~TGR.ANT T×T,I.P,:O~'.2 I.e4 No.~ tt., · a.;.~.-~ HAY '" ' ?'*"t' ~ ~" ~'?: · ....... · i' '~. ' t; ~ ' '/;' :' '~" '~~[" The. combinmion ct N~ples g~lf ~'~~es makes l~is are~ of lhe ~oU~ L ve~ special. ~The O~ 'of.N~ples, :~llier..~un~ ~nd.So~hwest Florid~ have':'a :' m~elous m~rketing I~1 in lheir mid~ which was l~rgely ~nor~ until I~ year. This'..' :.~ para Feb~,.showing the ~mbin~tion of goR, .~n~ine 8nd be~ches 8round the":" wodd on ESPN se~ to not only enhance.our image, b~ encourag~ ~s~ors to call' '~.,- for info~ation a~ off-sea~n golf packages,--- ..... : ..... = ................ ·.. and .call they did. In what has been described by many as the most successful prom~)tion in cobhty history,"caller~'l~terally oVerwhelmed 'the switchboard, set up' to handle Calls. 'Some public comments include: ".'~':" 'i think it's a great deal. It's a hell of a bargain." ................. John Norris, Chairman of the Commission '1 thoroughly enjoyed it. (the coverage) gave me goose bumps.' Para Mac'Kie, Commissioner 'The ad for the area was priceless, really. A request for future funding hasn't yet been made, but I'm optimistic about continued funding.' Tim Hancock, Commissioner 'The calls started at 2 p. m. Friday and haven't stopped. People in other communities would love to have that kind of publicity for their community." Judy Keller, Executive Director Naples Area Chamber of Commerce 'There has never been a promotion like this. Nobody anticipated this volume of calls.' Mike Watkins, NATB Chairman (- Further, the Naples Areas Tourism Bureau requested and received additional funds to service the fulfillment of the promotion. According to Michael E. Watkins, NATB Chairman, "response to 12 commercials aired during the IntelliNet Golf Challenge has been great -- more than 4,000 calls in two weeks." 'Based on the success of the promotion, a professional service is needed to fulfill these requests accurately and rapidly." -1- AGENDA ITEM MAY ..: ,-. Clearly, advertising and lhe' image.i~ conveys has year. round impact. To pre~um'~ that .... .:: worldwide advertising appearing 'on .lelevision and in the print media during the ·,. season does not impact and create future visits to our area is simply incorre~'l:' Rare is · ....,: the.'person who sees a'commercial.on television and picks up the phone to call a. travel agent to leave the next moming.~..Not so,rare.is the person watching that same commercial who might plan a trip in June or Augu= or October. Adve~¢ng and promotion created aF6und a theme to attract tourists during the shoulder season would be a more logical requirement against,.which t~'measure efficient use of tourist development funds· ..., The 1997 golf event will be televised worldwide by ESPN. The demographics of our :. community are perfectly matched with ESPN's worldwide television audience. -Six of the twenty-five thirty (:30) second commercials available on ESPN will be allocated to the "Greater Naples" message. Ail printed material including, but not limited to, ticket applications, programs, pairing sheets, tickets and on course signage will also carry the tourism logo. Further, a representative of the TDC (or Collier County Commission) will appear live on one weekend telecast with ESPN host Jim KeIIy to 'sell NapfesF This w/Il ensure the event will be properly perceived as a unified presentation of the local company and the Senior PGA Tour. A nationwide tele~/ision campaign of 12,000+ commercials has been designed promoting Naples and Marco Island for spdng and summer golf packages. A contest promotion to win a "free" package is scheduled to take place in select' up.scale markets. All materials mailed to callers from the commercials promote spring and summer travel. There is literally no better way available for the TDC and the Collier county commissioners to spend Category C dollars for promotion and advertising than to embrace the area's premiere sports event. We are prepared to work with the Tourist Development Council, the county commissioners, the vadous tourism groups and anyone else interested in developing shoulder season traffic to produce a coordinated campaign to more effectively accomplish the goals of the TDC. -2- ? ls;o Ct "": '"'"' · ',-..-~-The ~economics ~'are YStraigh ; · ' ' "-" . u ion ":.'costs ' Of ' me. tournament' ~ are .::.~.: approximately $2.5, million., We 'prop0~e.t0 ¢ontin{Je on the basis as' in' th~'p~t' with · " ; -.-.the Challenge Foundation and the rights,holder providing the bulk of th~ fur~din'~ with · ]. ?.i'a 'television..,.advertising k'commilrhent'.: .from ~-Cat~.,o..ry, C i ~.u,n.d,s. :':':'.$~_i~ally. ...,-::-responsibllfty for the funding is proposed'as follOws': · ': ;' · ; ':; ':."''>'".L' · ~-'-,' ',". .... , ~: ..m:,:;'t ;,, ~"~:',.,t.'. ,,"~; :, ;'...f ' :",'": ':' '. :.. .... :':"';-'.';,7,.': ' ".'.'.:" ':'.'.-'-': :..':.' ...... The Challeng Foundation .~":~,;$1 milli · . 'e ..... on" ."'; ' ....... '" ' - '." Category C television" ...... - · · ' ~¢3;.-; t?:~ ;~::'-':;'~.'.? '~ .' " t, "'"; ..' advertising funds ,$500,000 · t;" .....'" Category C fulfillment funds $100,000 ..... . . ..- ',.;.,; ... ..... ; .~ .... ~ . . ; . · . . ;.,..,. ,. , .-, complete evaluation of the 199'6 event'an~ the detailed projections for the ye,4r' 1997 · . will be forwarded lo the Tourist Development council liaison as soon as possible. .. ...~ ..?...;.. Supplemental audience information and a video tape defining the event and its impact will be provided as soon as available· This information will be available in advance of the May 6 TDC meeting. -3- AGENO~ LTI:.M MAY Fg. Revenue Sources Title Sponsor Presenting Sponsor Pro-Am Sponsor Pro-Am Local Patrons Ticket Sales Total Revenue $1,000,000 500,000 250,000 200,000 250,000 300.000 Expenses Television & Tournament Operations (Direct from Collier County to PGA Tour) Fulfillment (Direct to fulfillment house) Prize Money Advertising/Promotion Administration Printing Contract Labor Pro-Am Player Amenities Hospitality General Expenses Charitable Contribution Management Total Expenses 75,000 50,000 100,000 150.000 -4- TOURISM GRANT PROGRAM AGREEMENT FOR FULFILLMENT OF 1997 PGA GOLF TOURNAMENT THIS AGREEMENT is made and entered into this day of , 1997, by and between Naples Area Chamber of Commerce, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GPAt;TEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COU!~TY has adopted a Tourist Development Plan (hereinafter referred to as "~lan') 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 ac%ivaties and events intended to bring tourists to Collier County for t~.e period between May through November each year, kereinafter referred to as "target period"; and WHEPEAS, The Challenge FOundation, Inc. applied to the Tourist Development Council and the COUNTY for funding of the 19~? PGA tournament and fulfillment of the 1997 PGA tournament; and WHEREAS, the GRANTEE has agreed to provide the fulfillment for the ]99? PGA tournament; and WHEREAS, the COUNTY agrees that the fulfillment portion shall be provided by the GRANTEE and the COUNTY desires to fund such program/activity. WITNESSETH: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The above recitals are true and correct and are incorporated herein. 2. SCOPE OF WORN: GRANTEE prepared a written detailed proposal outlining the event to be provided along with a detailed ilne item fudge: as par: of the grant application process, hereinafter referreC to as "PROPOSAL." The PFC?~SAL is attached kere%c and inr~rF~ra~ed kere~n as Exk:bit "A". GPA::TEE shall ~rc?:~e :ke event outlined in ~he PROPOSAL within the budget" arc2n~ ~rc'.-i~e~ in the PPCPCSAL. GPA~:TEE shall not be reimbur - 1 - for any expenses not provided for in the PROPOSAL nor be reimbursed for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GRANTEE and the COUNTY. 3. PAYMENT AND REIMBURSEMENT: The maximum amount to be reimbursed under this Agreement shall be One Hundred Thousand Dollars ($100,000.00). The GRANTEE shall be reimbursed for expenditures incurred for the event upon submittal of a paid invoice. Reimbursement 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 pa~cr, ent to the GRANTEE or any vendor in advance of service. Any payment made by the GRANTEE which is later shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for reimbursement. Any expenditures which have been reimbursed to the GRANTEE whick are subsequently determined by the COUNTY to be ineligible of the expenditure shall be repaid to the COUNTY within 30 days of written no~ice to GF~HTEE of the ineligibility of the expenditure or the COUI;TY at it~ option can withhold future paymen:l tG the remaining grant fund~. of Insurance naming Collie~ County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the promotion and the duration of the events, 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 PERSOHAL IHJURY LIABILITY $300,000 each claim per person WOREER'S COMPE:~SATiOH AND EMPLOYER'S LIABiLITY-Statutory 5. IHDEM~;IFiCATIOH: The GRAHTEE, in consideration of LCLLARS, the receipt and sufficiency of which i$ accepted thr~ - 2 - the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from any and al2 suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANT£E, any subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation 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 protection. 6. ~!$T!CES: Al! notices from the COUNTY to the GRANT£E shall be deemed duly served if mailed by registered or certified mail to the GPANTEE at the following address: Mr. Steve Wheeler Naples Area Chamber of Com. merce, !nc. 3~20 Tamiami Trail North Naples, FL 341C3 Ali notices from the G~3.::TEE to the COUNTY shall be deemed duly serve: if mailed by registered or certified mail to the COUNTY to: Ccunty Manager Second Floor, Administration Building 3301 East Tamiami Trail Naples, Florida 34112 The GPA:;TEE and the COUNTY ma}, change the above mailing address at any time upon giving the other party written notification. 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. TERMINAT!ON: The COUNTY or the GRANTE£ may cancel this contract with or without cause on at least 30 days advance written notice o'f such termlnation and specifying the date thereof. If the COUNTY terminates this Agreement withou ~0. cause, the County w~ll reimburse the GRA,, - ,. . ,,TEt. for all expenditur. incurred up to the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is determined that there was not sufficient cause for the COUNTY to terminate this A~reement, the GRANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GRANTE£ terminates this Agreement, GRANT££ shall reimburse to COUNTY all funds expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEE prior to the event occurring. 9. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting and event records and keep grant funds in a separate checking account. A complete and verifiable audit is due to the County Manager within sixty (60) days of the completion of the grant. Ail revenue related to the event should be recorded, and all e×penditures must be incurred within the contract period. GRAN?EE is required to submit annual financial statements on the financial condition of the event, of the GRANTEE or~an~zatlon, and a special report on the receipts and expenditures of the grar~t related event within 60 days of the csm~letion of the event. Failure to submit acceptable financial or s~ecial re~crts will result in the cessation of reimbursements cn all gran5 contracts the GRANTEE may have with the COUNTY at the time, effective cn ~he date the submissions become overdue. Under such circumstances, no further reimbursements will be made for the duration of contract periods and any reimbursements already made shall be subject, at the sole discretion of the COUN?y, to later return to the COUNTY if acceptable statements and/or special reports are not submitted as required, or if the reimbursements are later shown to not be properly matched. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. l!. REQUIRED NOTATION: All promotional literature and ~ed:a advertising must prominently list the Collier Tourist Development Council as one of the sponsors. - 4 - 12. INELIGIBLE EXPENDITURES: The following expenditures are ineligible and shall not be reimbursed by grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-time staff. Employment of personnel not directly related to the activity or project. c. Real property. d. Capital Improvements, including but not limited to new construction, renovation, restoration and installation or replacement of fixtures. e. Tangible personal property, ~ncluding but not limited to office furnishings or equipment, permanent collections or individual pieces of art. f. 2nterest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after '~"~' ,undin~ ~eriod. g. Prize money, scholarships, awards, plaques, or certificates. h. Travel not associated directly wi%h project. i. ?ro]ects which are restricted tO private or exciuslve participation except for invitational events which require a prequalif~cation of participants through proven ability to generate h~.e_ rccm nights during the Na~les' area shoulder season. j. Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. k. Making reimbursements for goods or services purchased for previous er other events. .... ~,,UR._.. ..... OF G~ANT: In the event the revenues from ........ cr pro~ect received by the G~ANTEE exceed the acl costs incurred by the GPANTEE in staging the event or pro] ct, ual /.? ~ then, the amounts eligible for grant reimbursement shall be decreased by the excess revenues up to the full amount of the grant. 14. ~MEND:~ENTS: Any changes in the event 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. 15. The Tourism Grant Program Guidelines, the Grant Application, and the Contract Administration Guidelines are incorporated herein by this reference. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. CATED: BOARD OF COU~:TY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COU);TY, FLORIDA !;aples Area Chamber of Cc~.erce, Inc. (2 Approved as to fcrm and legal sufficiency Heidi F. Ashtcn Assistant County Attorney cw'f,Ag,rtcn,~nls.,Idc 1907 PGA Golf Ful/~lln'wn! Prlnled T)~d Name - 6 - Funding For Category [3 (Promotion and Advertising'of Tourism in Collier County) and Category C (Local Projects and/or A~vitics which Promote Tourism in Cellicr.Count¥) .. Completed appii~tions must bc rccclvccl at thc below add. rcss no later th~ $:00 P.M. November l, 199.4.. Xdministrmor Collier County Tourist Dcvclopmb=t CouncL! County M~agcz's Office Naples, FloHcLa 33962 Na~m~ ~nd Address of Applic~t Organization: 'i C 219 Calc, nadc Circle Naples, Florida 33940 Contact P?rson,"Title, mad Phone Number: WiZ~am F. Rasmussen C hax~r, cdt 434-5~ 'c.3 Z*:** ' '. '- -' -. . ~ ~:.....~, Organiz2tion's Chief Official znd Title: !~. I.~ fllis an applica:ion for C-~c.g.n,D' B (Promotion ~nd Advcmsm~ ol'~c,,~k"~ i~t ('nllic; C~unt)'l ,~r Ca c7~.' f' ,l ~cal Proiccts and/or Activities ~h,ci, l'Jom,n~A~[~AtT~,i ~'}.,~:k ,..' ~':::~.....,:, ~ {'::,,'~,,~ ~' x MAY 1 Bricfly describe progmm'ir{cluding: .-...",,. ...~ .... ,:: .': '........~..,...,~ Your orgazfimfion's c~,pability to promotc Collicr County as tourist d~stination. '.' . '-. :: ~,, 2'.~! '.'.:;' '.~ ...... . .,,.: ... , .: ~ ., ~. .~ ,:. .:;? -! $~¢ ~,,f.~c~ '.' Geographic focus o£promotion, i.e. Collier County, },,[arco Island, Everglades, etc. $¢e aZ.t. ached 7. Application~ mu_st be acc~mp~iM by thc fotlowi, ng: b) c) d) c) See a,t_,tach cd Veri fication of' not.for-profit status L~t fiscal year financial statement ~/A Incorporation papers unless specifically waived by TDC See Detailed line item budget for program for both revenues and ex Detailed description o£ proposed plm~ See a,ctac~ec~ A' marketing plan m~y be substituted for i~cms d and c above, 8. Cz~c,,nr, 'C.. projects and :~c:i,.'itics v..h~ch .t;tact:~cl '- ~ See trt. tachcd AGENDA ITEM No.~,~-.- ~il! mc,~urc and the.? ' ]oo). Category C Selectiou Criteria: Identify the potential for attracting "zhoulder and off season", out. of-county visitors as spectators or participants expressed as "shoulder and off' s~.~on" visitors attracted per Tourist Development dollar expended. See a.t..tache..d Identify the potential for attracting "out-o£-county" vi.si,ors as spect~or.s or panicipaans, expressed as "ou[-of-coumy" vi.sitors ax~ractcd per Tourist l)evelopment dollar expended. 10(c). Identify the estimated number of hotel/mote[ or campground nights generated from the allocations of Tourist Development funds expressed as ovemioht stays l~er Tourist Development Dollar expended. See tz.t~ehed ' I 0(d). Identify the matching dollars provided by your organization expressed as matcbJ, ng dollars per Tourist Development dollars expended. See a.t~ched lO(e). Identify the future growd~ potential of the projec! being subrnined without Tour;~: Development funds a.~ TDC lundin= is lo be re=arded as .seed money, not comhmo,.:.: funding. " '. . Na.~ pg. AGENDA ITEM - HAY I z~ 10(g). Discusi ~,o~ organ~tion;s management and stability, Specifically, m terms of its ability to manage the project in accordance with regulations and to acMeve the intend~ results. See aX~ached lO(h). Discuss your organ~fion's readiness to implement the project. See c-~ached AGENDA ITEM HAY 1~; 19.q~ -. Discuss.Se C-~pacity of the proj'ec! Io ~nHcl~; the ~l:i~c., cdmral, ~nd 'envi~onmen~ aru-~cdve~ess of the community Io the ~4.~t.~g public and c~mpadbility Wi~ the communky i~ genera]. ' See aXXa~ed " I have re. ad the Tourism C.r~t Program guidelines ~nd criteria and Resolution guidelin¢s and criteria and Resolution No. 93-, // Signature o£ Org~fion's CEi¢£ Offlciz] Date: I) ~WPS2[)/,TA'~LI.B~KPK~TGR.&NT TXT,i.rPr)...21.C~ 1996 t.:~ 2:;2.'. IT;..; ,.',..i ~ q I:...,' A G£N_DA_J~I: M MAY pg. ~ · . very special.-.The .City 'of Napres,:CoIIier. County and .Southwest Florida have;a :~' ~,. marvelous marketing tool in their midst which was largely ignored until last year. This '. "· [4 past.February, .showing the combination.of golf, sunshine and beaches around the'.'. world on ESPN served to not only enhan~:e our image, but encouraged visitors to call' for information about off-season golf packages.--- ' ..: ......~ .......... ·.. and 'call they did. In what has been described by many as the most successful "· prombtion in ccbhty history,"cailers' literally overwhelm~l 'the switchboard set u~ to handle ~:alls. Some public comments include: ':;' ..... :' '1 think it's a great deal. It's a hell of a bargain.' ....... John Norris, Chairman of the Commission '1 thoroughly enjoyed it. (the coverage) gave me goose bumps.' Para Mac'Kie, Commissioner 'The ad for the area was priceless, really. A request for future funding hasn't yet been made. but I'm optimistic about continued funding.' Tim Hancock, Commissioner 'The caIls started at 2 p. m. Friday and haven't stopped. People in other communities would love to have that kind of publicity for their community.' Judy Keller, Executive Director Naples Area Chamber of Commerce 'There has never been a promotion like this. Nobody anticipated this volume of calls.' Mike Watkins, NATB Chairman Furlher, the Naples Areas Tourism Bureau requested and received additional funds to service the fulfillment of the promotion. According to Michael E. Watkins, NATB Chairman. 'response to 12 commerciars aired during the IntelliNet Golf Challenge has been great -- more than 4,000 calls in two weeks." 'Based on the success of the promotion, a professional service is needed to fulfill these requests accurately and rapidly.' -1- AGENDA ITEM MAY 1.qqr ;...: Clearly, advertising and the' image.it conveys has year: round impact. 'To presbni~ that' ,:: worldwide advertising appea~ing 'on ,television and in the print media"during the ,., ~ season does not impact and create future visits to our area is simply incorrect[~ R,ire is v.:,? the.person who sees a commercial~on television .and picks up the phon~'to call a travel agent to leave the next moming.=.~Not so.rare.is the person watching that same commercial who might plan a trip in June or August or October. Advertising and promotion created aF6und a theme to attract tourists during the shoulder sea.son would be a more logical requirement against ,.which t~ 'measure efficient use of tourist development funds..... . : ~...:~;,.,, ...:.... ,. , j~.-. · . , . The 1997 golf event will be televised worldwide by ESPN. The demographics of our community are perfectly matched with ESPN's worldwide television audience.: Six of the twenty-five thirty (:30) second commercials available on ESPN will be allocated to the 'Greater Naples' message. All pdnted material including, but not limited to, ticket applications, programs, pairing sheets, tickets and on course signage will also carry the tourism logo. Further, a representative of the TDC (or Collier County Commission) will appear live on one weekend telecast with ESPN host Jim Kelly to 'sell Naples!" This will ensure the event will be properly perceived as a unified presentation of the local company and the Senior PGA Tour. A nationwide tele~,ision campaign of 12,000+ commercials has been designed promoting Naples and Marco Island for spdng and summer golf packages. A contest promotion to win a 'free" package is scheduled to take place in select' upscale markets. All materials mailed to callers from the commercials promote spring and summer travel. There is literally no better way available for the TDC and the Collier County commissioners to spend Category C dollars for promotion and advertising than to embrace the area's premiere sports event. We are prepared to work with the Toudst Development Council, the county commissioners, the various tourism groups and anyone else interesled in developing shoulder season traffic to produce a coordinated campaign to more effectively accomplish the goals of the TDC. -2- . . . · . ..:-. . '. . .. . ,..o,; o~.'./,,' · · ' . · . ' - ' ;.-."2,.," ' ' .:; · . ..; · · . , , . . .,..:o j.m.~o..j,~,',,T,.' .. · ,.-::-,- The ~econom~cs ~-are 'straightforward '(.'~'Producfion ~: costs ' of ' 'the i...~; approximately $2.5 million., We 'propd~e tO contin{Je on the basis as' in' ~h~"P~[{t .. :. -.-the Challenge Four~dation and the rightS-holder providing the bulk of th~ fbr~dir~'g .?, c;..a .television:..advertising bcommit~nent'., fr0m {-3,, Category C .~. · .. . . · , .. .... .. ,,~...:respons~b~hty for the funding ~s proposed as follows. -'"..." ~ .. ,; "; '..": .' ," !, ' '" ': .... , ~'-:;,",;,~/~, '.,'" ~..~'I~1~ t"' ~,°.h; .~ ;',.',~ ! .... ~ '~ ~.' ~"." .... " ........ ....: .... '.:-. :,.';..'"':'.: The. Challen'~'e. Fo'undatiorf:'.~:~c..'$1 hnillion" ':'""~' ...... . ,'.: - '. ' Category C teleVision' '~n..-..,"? ?, ,:,' '.~ ,~; :.'--'~ ".' ";. ", :"'~ ..... ':' advertising funds $500,000 Category C fulfillment funds $100,000 ,. ... ..;-.. ..-..,.2..; ,~. . .., .~ .,, .; .,, ; . . : · ? · ..2,.,-:' · ., , .... .,.- '..,.".~..~ ,' ~ .~. ;. complete evaluation of the 1996 event an4:l the detailed projedtions for the yedr' 1997 will be forwarded to the Tourist Development Council liaison as soon as possible:. Supplemental audience information and a video tape defining the event and its impact will be provided as soon as available. This information will be available in advance of the May 6 TDC meeting. J -3- HAY Revenue Sources Title Sponsor Presenting Sponsor Pro-Am Sponsor Pro-Am Local Patrons Ticket Sales Total Revenue $1,000,000 500,000 250,000 200,000 250,000 300.000 $2,500,000 Expenses Television & Tournament Operations (Direct from Collier County to PGA Tour) Fulfillment '(Direct to fulfillment house) Prize Money Advertising/Promotion Administration Printing Contract Labor Pro-Am Player Amenities Hospitality General Expenses Charitable Contribution Management Total Expenses -4- $500,000 100,000 1,060,000 60,000 ,~,,.. 100,000 80,000 100,000 100,000 25,000 75,000 50,000 100,000 i /,,'..".:~' , .... .'~ ~o. $2,500, 0 ,,.~ / AGENDA~ M MAY OB3ECTIVE: To appoint/re-appoint $ members to serve 4 year terms, expiring on January 29, 2001, on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: The Pelican Bay MSTBU Advisory Committee has :5 terms expiring on Sanuary 29, 1996. This 15 member committee was established by Ord. 90-111 and amended by Ord. 91-22, to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street Lighting, water management and beautification services, responsibilities and obligations fi'om the Pelican Bay Improvement Dislxict. Terms are 4 years. A list of the current membership is included in the backup. The terms for Alan B. Varley, John W. Hoyt, George H. Wemer, Stanley Goodman, and Mary Lou Althoff expired on ]anuary 29, 1996. A press release was issued and resumes were received from the following 7 interested citizens: APPLICAtOr Alan B. Varley - re-appt (Resident) George H. Wemer - re-appt (Resident/Business) John W. Hoyt - re-appt (Resident/Business) Edward R. Griffith (Developer Representative) Herbert Hasson (Resident) Frank Barchard (Resident) Claire Desilver (Resident) DIST CT 2 2 yes 2 yes 3 yes 2 yes 2 yes 2 yes .RECOMMENDATION: Alan B. Varley George H. Wemer J'ohn W. Hoyt Edward 1L Griffith Herbert Hasson NOTE: Section Seven (b.) (1) of Ordinance 8641 states "Terms of office for Board members shall be !imited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, John W. Hoyl has served 2 terms. Should the Board wish to re-appoint Mr. Hoyt, the Limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 5 members to serve 4 year te,'ms, expiring on January 29, 2001, to the Pelican Bay MSTBU Advisory Committee, and attorney to prepare a resolution confirming the appointments. :. !... _ Prepared By: Sue Filson JAN ~, ~ 1997 Date: January 14, 1996 . TO: Sue Ftlson James P. Ward DA-~E: Dece~er 30, 1996 · UBJECT: Pelican Bay MSTBU Advisory Committee Appoint_ments In accordance with your Memorandum of December 16, 1996 transmitting the resumes that were received to fill the vacancies on the Pelican Bay Advisory Committee, I am pleased to submit the following reco~endations from the Pelican Bay Advisory Committee for Board consideration: Alan B. Varley Resident Medical doctor, corporate officer Fortune 500 pharmaceutical company George Werner Resident/ Investment advisor The Club at Pelican Bay/ % Business '' John Hoyt Resident/ Certified Public Business Accountant Edward R. Griffith Developer Civil and Environmental Representative Engineer Herbert Hasson Resident Retired CEO - Textile manufacturing I believe all of the above individuals will provide significant additional experience in their respective fields and will work well with the existing Advisory Committee. Finally, the following individuals which have applied for the Advisory Committee, but are not recommended at this time, can be categorized as follows: Frank Barchard Claire Desilver Resident/Retired Manufacturing Director Resident/President Mangrove Action Group/Retired Interior Decorator It would be greatly appreciated if this could be placed on a Board of County Commissioner's Agenda during the month of January and those appointed can then be notified of their first Regular Meeting scheduled for February 5, 1997. If you have any questions, please contact my office. JAN 1997 Pelican Bay MSTBU Advisory Committee Work Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term George H. Hermansoa 811 Pitch Apple Lane Naples, FL 34108 District: 2 Category: Resident/Engineer Thomas C. Brown 8415 Excalibur Ch'ale B-1 Naples, FL 34108 District: 2 Category: Resident Glen D. Harrell 1390 Mandarin Road Naples, FL 34102 District: 4 Category: Commercial/Developer Alan B. Vazley 8111 Bay Colony Drive #904 Naples, FL 34108 District: 2 Category: Resident Charles Popper 475 Seagate Drive Naples, FL 34103 District: 2 Category: CommercialJHotel John W. Hoyt 5811 Pelican Bay Blvd., #615 Naples, FL 34108 District: 2 Category: Resident/12)eveloper Bemon W. Young 6760 Pelican Bay Blvd., #334 Naples, FL 34108 District: 2 Category: Resident/PBPOA George H. Wemer 712 Heathery Lane Naples, FL 34108 District: 2 Category: Resident/CAPB 262-4617 03/23196 01/29198 597-4895 01/24/95 01/29/99 598-1605 02/08/94 01/29/98 591-3119 02/02/93 01/29/97 597-3232 01/29/91 01/29/94 2/8/94 01/29/98 597-8687 01/29/91 01/29/93 597-9666 2/2/93 01/29/97 01/29/9I 01/29/95 598-1785 1/24/95 01/29/99 566-3361 02/02/93 01/29/97 2 Years 4 Yea~ 4 Yea~ 3 Years 4 Years 2 Year~ 4 Yea~ 4 Years 4Yea~ 4 Yeara Fri~, dune 28, 1996 JAN 1997 ' Pelican Bay MSTBU Advisory Committee Name J. Russell Mudge 16 Las Bfisas Way Naples, FL 34108 District: 2 Category: Resident/PBPOA Anthony P. Pires 209 Madison Drive Naples, FL 34110 District: 5 Category: Non-Resident/Attorney Cora P. Obley 802 Slashpine Court 591-1802 Naples, FL 34108 Oistn'ct: 2 Category: Resident Stanley Goodman r 6592 Ridgewood Drive 566-2879 Naples, FL 34108 District: 2 Category: Resident Frederick Flatto 598-4334 800 Laurel Oak Drive, Suite 2 598-3~9 Naples, FL 34108 District: 2 Category: Resident Rodkey Craighead 5555 Heron Point Dirve, #170 597-3886 Naples, FL 34108 District: 2 Category: ResidentfPBPOA Mary Lou Althoff 434-.0101 5950 Pelican Bay Blvd., #I 12 Naples, FL 34108 Dixtrict: 2 Category: Resident Work Phone Appt'd Exp. Date Term Home Phone DateJge-ttppt 2ndExpDate 2nd Term 01/29/91 01/29/94 3 Ye. ars 5974773 2/8/94 01F29/98 4 Years 5974983 02/02/93 01/29/95 2 Years 597-6983 1/24/95 01/29/99 4 years 01/29/9I 01/29/95 4 Years 1/24/95 01/29/99 4 Years I0/I 1/94 01/29/97 03/19/91 01/29/95 4 Year~ 1/24/95 01/29/99 4 Year~ 02/08/94. 01/29/98 4 Year~ 02/02/93 01/29/97 4 Year~ ~ Friday, dune2~ 1996 JAN I i 1997 Pelican Bay MSTBU Advisory Committee ~ork Phont ,41~i~d ~.rg. Da:t Ttrm ~Van~ Hon~ Pho~ Da~appt 2ndE~pDa:t 2nd This 15 member committee was c. mated by Ord. No, g0-111 and amended by Ord. No. 91.22 and g3-15 to aid and assist the County manage~ and It~ Boan~ of County Commlsslonem in daterminig the need and quantity of exit·ordinary law ~nforcement, in Pelican Bay. Also to lid, a~lst, and provide Input ~ the County Manag~ and ~a Board In lffectlng · smooth and expeditious transfer of street lighting, water management Ind blau~'flcatlon ~etvices, responsibilities and obligations from the Pelican Bay Imlxovemlnt District. Tem'm ·ri 4 year~. Jim Ward, Pelican Bay Services Division: 597-1749 JAN ~ 1997 MEMORANDUM DATE: December 16, 1996 RECEIVED TO: FROM: Vinell Hills, Elections Office Sue Filson, Adminis~ative A~sistant~ Board of County Commissioners DEC ! ? 8oard of Count~ Comefssfoners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant r~sides. PELIC .AN BAY MSTBU ADVISORY COMMITTEE Herbert Hasson 6001 PeIican Bay Blvd., #1602 Naples, FL 34108 COMMISSION DISTRICT John W. Hoyt 717 Pitch Apple Lane Naples, FL 34108 Frank L. Barchard 7515 Pelican Bay Boulevard Naples, FL 34108 Alan B. Varley 8111 Bay Colony Drive, #904 Naples, FL 34108 George H. Wemer 712 Heathery Lane Naples, FL 34108 Claire DeSilver 7515 Pelican Bay Boulevard Naples, FL 34108 Edward R. Griffith 8191 Lowbank Drive Naples, FL 34109 Thank you for your help. JAN l Zl 1997 MEMORANDUM DATE: December 16, 1996 TO: James Ward, Pelican Bay Services FROM: Sue Filson, Administrative Assist~t~"~/'', Board of County Commissioners RE: Pelican Bay MSTBU Advisory Committee As you know, we currently have 5 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interes/ed in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Herbert Hasson 6001 Pelican Bay Blvd., #1602 Naples, FL 34108 John W. Hoyt 717 Pitch Apple Lane Naples, FL 34108 Frank L. Barchard 7515 Pelican Bay Boulevard Naples, FL 34108 Alan B. Varley 8111 Bay Colony Drive, #904 Naples, FL 34108 George H. Wemer 712 Heathery Lane Naples, FL 34108 Claire DeSilver 7515 Pelican Bay Boulevard Naples, FL 34108 Edward R. Grifflth 8191 Lowbank Drive Naples, FL 34109 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Pl¢~e categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. /tv Thank you for your attention to this matter. /~ - SF JAN l 1997 Attachments 7 ZD, B41 5g? 4Se2 H'ER.B£RT HA$SON Pelican Bay Bird, ,Naples. FL 34108 (94 !) 598-9O64 December ii, 1996 Ms .~ue Filson, Administrlttive .Assistant Collier County Board of Commissioners 3301 East Tami~mi Trail Naples, FL :~4112 Dear Ms. f:ilson: i hereby apply for a posixion on the Advisory. Board ofthe Pelica, n Bay Services Division I have lived in Pelican Bay since 1987 sad [ have enclosed a briefresumc fo~ your review Thank you t'or your consideration. Sincerely,, Herbert t las.~n JAN 1 zl 1997 Herber~ Hasson 6o01 Pelican Bay Blvd. #1602 Naples, FL 34108 (t)41 ) ~98-t)064 Married Residence. Education. Employment: 1948 .- Spouse, ,'Vlatty One Son, One Daughter Pelican Bay resident since 1957 B A.. Commerce & Finance Penn State University, State College, PA Retired I C)46 - 1988 ~Milco [ndugdcs, Inc. Last Position President a~d CEO Bloomsburff, PA ,'vlanuf'acturer .. Tex:ile and Textile l~,oducts US Army 1942- 1943 Honorable Disch~ge JAN 1 z~ 1997 · ~ . t Pellc&n B&)' ServiCe, ID, B4t 597 4502 PAC£ John W. Hoyt ~au~ol Oak Dr,ye NaDIr. ~L 33963 December II, 1996 Ms Sue Filson Administrative Boazd of'County Corn~nissioacrs 3301 £a~t 'l'amiami Trail Naples, FI. 34112 Dear ,~ls. Filson: M'y current term on IJ2c PcliGl. n Bay Servic~ Division Advisory Board is being completed and I would like to be considered for reappointmem t'or a~ additic)nal term Enck~cd is a resume for your cor~idera~on. Th~nk you fi)r your assistance. ~'ours truly, Ho~ JAN 1 t997 $ohn W Hoyt 7 ] 7 Pitch Apple Lane Naples, FL 34108 (941 ) 50?-9666 Married Education' Employment' Service 1950 -- Spouse. Nigcl Four Sons Pelican B~y residcm since lggl B A., Accounting Augustana College, Rock Island, IL Retired CPA Mc Gladrcy & Pullen, LLP Panner Des Moines, IA U S. Army .&ir Corps 1944 - 1946 Honorable Discharge JAN 1 1997 December 4, 1996 Ms.Sue Filson, Administrator Board of Collier County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 RE: Pelican Bay MSTBU Advisory Committee Dear Ms. Filson: I am submitting the enclosed resume of my qualifications for consideration by the commissioners as an applicant to fill one of the vacancies that will be open on the MSTBU Advisory Co~m~ittee in January. After spending most of our semi-annual vacations in Naples and Marco Island during the past twenty five years, upon my retirement three and a half years ago my wife, Stella and I decided to make Naples our permanent full time home. We chose to rent for almost tw~ years at St.Thomas in Pelican Bay before we purchased our present home at The Claridge also in Pelican Bay. As a full time resident and property owner in Pelican Bay I am vitally interested in the preservation of both the unique ambiance and the property values in the neighborhood. Since ~oving to Claridge in May of 1995 I have attended most of the MSTBU monthly m~etings, Pelican Bay Foundation meetings and Commissioner Hancock's Task force meetings regarding the mangrove problem. I am not involved with any outside commercial interests that would in any way conflict with a completely unbiased objective view of any matter that might come before the committee if I were selected to fill one of these vacancies. I am personally acquainted with Alan Varley, Russ Mudge, Bernon Young, Jim Ward and Commissioner Hancock and would welcome the opportunity to serve on this committee with these dedicated people. Thank you for your consideration. Sincerely yours, Frank L. Barchard 7515 Pelican Bay Blvd Naples, Florida 34108 (941) 594 5281 JAN 1 1997 FRANK L .BARCHARD 7515 Pelican Bay Blvd. Naples, Florida 34108 Education: Mechanical Engineering Degree, Northwestern University, Evanston, Illinois. Graduate studies in Business Administration and Industrial Engineering at Northwestern University. I am currently a member of the Northwestern University Alumni Association of Naples. Military Service: U. S. Navy 1943 to 1946 Southwest Pacific. Received commission as Ensign USNR from NROTC program at Northwestern University and advanced to Lieutenant before being released from active duty in 1946. I was then in active reserve until resigning in 1960. I am currently active in the USS Alabama crewmens association based in Mobile, Alabama. Business Experience: Northeastern Regional sales manager and subsequently National Manager of Branch Operations supervising the activities of forty branch-warehouses in principal cities throughout the United States for STAR Expansion Company of Mountainville, New York, a manufacturer of construction and industrial fasteners and associated installation tools for thirteen years 1968 to 1981. Operations Manager and then Director of Manufacturing for MPC Products Corporation of Skokie, Illinois, a fifty million dollar company designing and manufacturing electro-mechanical components and feed back devices used in military and commercial aircraft and space vehicles for eleven years 1981 to 1992. For seven years prior to moving to Florida I was also a Trustee and Director of the Town of Maine Cemetery Association in Park Ridge, Illinois. Pelican Bay Responsibilities Currently at the Claridge I am a Vice President and Assistant Secretary of the A~sociation. also chairman of the Security Committee and serve as a member of the Architectural-Engineering Committee and the Financial Committee. : ' JAN 1997 ALAN B. VARLEY, M.D. 8111 Bay Colony Drive, #904 '-..a .~ - Naples T-Io~qda~34~08 Telephone: (941) 591.3119 December 1, 1996 Ms. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4902 Dear Ms. Filson: Thank you for your letter of November 25, 1996 advising me that my term on the Pelican Bay MSTBU Advisory Board expires on .Tanuary 29, 1997. I would like to be re-appointed to a second term on the Committee md would appreciate your acceptance of this letter as my indication ofthat wish. I have also enclosed a copy ora brief. resume as you requested. If you need any additional information please give me a call. Tharflcs. Sincerely, ~ Alan B. Varley,~M.D. / \/ .lAN 1991 Address: 8111 Bay Colony Drive, #904 Naples, Florida 33963 December 1, 1996 Phone: Area Code 914 Home: 591-3119 Born: December 9, 1927, Jamestown, New York. Attended secondary schools and graduated from high school, (1945). Married: Shirley M. McCutchan, Memphis, Tennessee on August 13, 1954. Two sons presently ages 38 and 40. Attended: University of Michigan, Ann Arbor, as a pre-med student 1945-46. Military Service: U.S. Army Medical Corps 1946-48. 'Served one year in Japan. Attended: University of Arizona, Tucson as a pre-med student 1948- 50. Graduated with B.S. degree in upper 10% of class, with "High Distinction", in May 1950. Elected to Phi Kappa Phi scholastic honorary society. Attended: Baylor University College of Medicine, Houston, from 1950-54. Graduated in upper 6% of class with M.D. degree in May, 1954. Elected to Alpha Omega Alpha, medical scholastic honorary society in junior year. Member of Phi Beta Phi social fraternity (Treasurer in sophomore year and Vice President in senior year), Osler Medical Historical Society, and the Student AMA. Rotating Internship at the Henry Ford Hospital, Detroit, from 1954-55. Assistant Resident Surgeon at the Welborn Memorial Hospital, Evansville, Indiana from 1955-56. General Medical and Surgical practice, Fortuna, California 1956- 57. Member of staff Redwood Memorial Hospital, the Humbolt County Medical Society and the American Medical Association. Medical Division, The Upjohn Com~)~ny fr~ 1957 to 1989. Retired in 1989 as corporate vice-president for Medical Affairs and Director of corporate Clinical Research and Regulatory Affairs. A detailed outline of responsibilities and accomplish- ments during this period can be supplied Retired- January 1, 1990 JAN 1 1997 Societies a~d non-Company Activ~t~es Attended Harvard Business School Advanced Medical Management Program (PHSM 5) in 1974 Member of the American Medical Association Delegate to the AMA House of Delegates Secretary and Chairman of the AMA Section Council on Clinical Pharmacology and Therapeutics Member of the Interspeciality Advisory Board to the AMA Board of Trustees Member of the American Society for Clinical Pharmacology and Therapeutics Member of the Society Board of Directors 1972-80 Member of Long Range Planning and Government Regulatory Affairs Committees Member of ASCPT Liaison Committee for AMA Vice-President 1978-80 Founding member of the National Council on Drugs 1977-84 Member of Executive Committee 1977-80 Council Chairman 1980 Member of Pharmaceutical Manufactures Ass. Medical Section Member of Steering Committee 1970-79 Chairman 1978 Past member of Editorial Advisory Board, ACP, Forum on Medicine Member of Policy Committee, Bronson Hospital Clinical Investigation Unit Founding Fellow of the Southern Division of the American Acad.a~,y of Geriatrics Member of PMA Foundation Faculty Awards Committee Member of Medical Relations Section of the National Pharmaceutical Council Licensure National Board of Medical Examiners (19S5), Indiana (written), California, Michigan, Arizona (reciprocity). Publications The Reproducibility and Accuracy of Clinical Laboratory Determinations -American Journal of the Medical Sciences 251:6, /O JAN l 1997 Ethical and Legal Considerations in Experimental Therapeutics; Psychopharmacoloc~_. A Review of Progress 1957-67, U.S. Government Prin=ing Office, 1967 The Generic Inequivalence of Drugs, Journal of the America~ Medical Association, 206:8, 1968 Chapter VI, The Le~al Environment and Clinical Research, Principles and Technicues of Human Research and Therapeutics, Future Publishing Company, 1974 Protection of Human Research Subjects: Are Ethics Necessary?, Journal of Legal Medicine, February 1976 Naples, Florida Pelican Bay MSTBU Adviuory Committee January 1993 present. Vice-Chairman 1994-96, Chairman 1996-present. Pelican Bay Property Owners Association 1994 to present. Vice-President 1995-96. Bay Colony Property Owners Association 1996 to present. Naples Presidents Council 1995-96. The Club of Pelican Bay, House Committee 1995-96. ,/O q 1997 ~erner Financial, Inc. S~£.t~ Registered Investment Advisory Firm Sun l'rg~t Hutlding I~01 Laurvl Oak Dr.v Suite Naple.s. FL $4101f Of~c'e 941.591-2149 Fax 941..~91.217v November 27, 1996 Ms. Sue Filsort, Administrative Assistant Board of'County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4902 Re: Pelican Bay MSTBU Advisory Committee Dear Ms. Filson: Thank you for advising me of'the expiration of'my term on the above committee. Since I am eligible for reappointment, I would like to be comidered for another tenn. Enclosed is an updated resume as requested in your letter. Should you have any questions please call me at 591-2149. George Werner SecurStie$ e)~'e~ed through Caltnn & Asxociate$. Inc. JAN 1 zl 1997 ,¥43~ S/PC ( SIJME George H. Wemer 712 Heathery Lane Naples, FL 34108 (941) 566-3361 Married: Residence: Education: Licensing: Employment: Service: Since 1966 -- Spouse, Louise Two daughters, Beth and Amy Pelican Bay since 1988 B.S., Administration & Management La Roche College, Pittsburgh, PA NASD - Registered Prinicpal, Registered Representative FLOPdX)A - Life, Health & Variable Annuity Real Estate Salesperson PENNA - Life, Health & Variable Annuity ICFS - Certified Fund Specialist 1991 - Present, President Werner Financial, Inc. 801 Laurel Oak Dr., Suite 618 Naples, FL 34108 Investment Advisory Firm 1984 - 1990, Vice President and Treasurer FBN Investments Gibsonia, PA Real Estate Development Firm 1966 - 1984, Vice President and Treasurer Highway Equipment Company Zelienople, PA Construction Equipment Distributor U.S.Marine Corps, 1960- 1963 Honorable Discharge JAN 1997 7515 Pelican Bay Blvd. Naples, FL 34108 November 4, 1996 Ms. Sue Filson Office of Collier County Commission 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: With this letter and my attached resume, I am applying for appointment to the Board of the Pelican Bay MSTBU Advisory Committee. During the past year I attended virtually every meeting of the MSTBU. Sitting through many Board discussions on numerous subjects, I became increasingly interested in the scope of work of the MSTBU. I am very familiar with the responsibilities and functions of the Board and I sincerely believe that, as a member, I could make a real contribution. Thanks to the efforts of Dr. Alan Varley, Chairman, and the other Board members, the Mangrove issue has not only acquired financing, but is progressing toward a restoration plan. Therefore, although I am president of the Mangrove Action Group, the mangroves are demanding much less of my time. I believe that members of the present Board, Collier County Commissioner Timothy L. Hancock, and Pe) ican Bay Services Division Administrator Mr. James P. Ward will all attest to my abilities and dedication to whatever task I undertake. Thanking you for your consideration, I am TEL: 591-2115 Yours truly, Claire DeSilver CC: Dr. Alan Varley, Chairman, Pelican Bay MSTBU All Pelican Bay MSTBU Board Members Collier County Commissioner Timothy L. Hancock, Division Administrator James P. Ward JAN 1 1997 Claire DeSilver 7515 Pelican Bay Boulevard Naples, FL 34108 941/591-2115 RE: Candidate for Board Member of Pelican Bay MSTBU PERSONAL: Married; Children: one son, deceased; one daughter; one grandaughter. EDUCATION: University of Iowa, University of Wisconsin, Marymount of Manhattan. PROFESSIONAL AND COMMUNITY ACTIVITIES: President, Greenwich village (New York City) Homeowners Association, 1965-68. Member of Greenwich Village Committee to obtain Landmark Status under Landmark Preservation Law. 1966-67. Allied Member, since 1970, of ASID (American Society of Interior Designers), Retired. Head of my own design business from 1968 to 1988 with projects in Connecticut, New York and Washington, D.C. Legal Resident of Naples from 1979 to the present. Past resident-owner in Acqualane Shores, Port Royal and Park Shore. Resident-owner in Pelican Bay since 1989. CURRENTLY: President and founder of the Mangrove Action Group. Member (until disbanded) of Collier County Commissioner Timothy L. Hancock's Mangrove Task Force. Community Affairs Committee Chairman, Pelican Bay Women's League. /O /~) JAN 1 1997 COMMUNITIES iT-:D D~:mb~r 13. 1996 Ms. Sue Filson Collier County Board of Commissioners 3301 15 ramiami Trail. Bldg. J Naples, FL 34112 F C IV D DEC f3 1966 Dc~ Sue: I would like to cxprc~$ my i~'~st in filling a A~ch~ is my rcsme. My hom~ ~d~ ~. .~y questions fecl ~ to c~l me at (941) 947-2~0, E~ 227. Sincerely, Dkector of En~c~g cc: S~ Watm Jim W~d, PMSD JAN 1 z~ 1997 EDW.~R.D R. GR.IFFF'FH, P.E. 6636 Tannin La~e ~B Naples. FL 33942 (941) 598-1192 RESL'bI~ OF QUALIFICATIONS D~:~mber I3, 1996 EDUCATION: B.S. Civit a~d En:'ironm~tal Engineering, Thc University of C~tr~l Florida. 1977. Completed 21 hours of 36 hour Graduate D-~gr~ - Environm~t~l M~agcm~mt. Tho University. of Texas al San Antonio. PROFE$$IONA.L RE GISTRATI ONS/ORG.~.'~IIZATIONS: * Regist~'¢cl Professional Engineer, Stat~ ofT~ * 1952 * National Socie~ of?rofessional Enginaen , R~gis~er~d Prof~ssloz~l Engineer, grate of Florida - 1959 . Florida Engineering Society * Chairman - Student Professional Development Commi~, Calusa Chaffer - 199011991 · Leadership Collier. Class 1991/1992 ,. · Vic~ Chairman - Govemmem Affair~ Committ~'c. Napl~ Chamber of Comme~e, 1994 Continuing Education · Executive Time M~nagement. CMS · Selling Design Services, PSMJ · Effective Market Planning. PS,MS · R~I Estate Devekgnnent in Flood Pla/ns. · Marketing to the Government. S,VtPS · Stormwater NL~.geme:rt. D~sign Course. FES · Advanced Permitting WorLshop, FES · DRI's,'Local Comprchcrtsiv¢ ?iannin.v., $%TILPC · W~tlands and Rral Es~t¢ Development, · DRI Workshop. SW'FRPC/DCA · £nvironmental Permitting, Florida Chamber ofC. ommerce. 1990 ~ I991 · Leadership Collier, Cla.~s 1991/1992 M~_ IOR PROFESSIONAL ACCOM~PLISFFbl'E,N'TS: Engineering Diversification · Co-author of u:ill .ty master plan for ,18,000 acre plam~d ~ devel~nnent. Poinciana. Florida · Rotds. drtinage, utility, and =~atrnent system desi~ for 1,400 acre Los~ Maples State Natural Park :'or Te.us Parks and Wildlit'e · Drain~,~ design for 17 mile road through Big Cypress Prvse~e, Fl~'ida for E.xxo~. USA · Struts, draiuage, and utility, design for 350 acre planned unit develoFmcnt in New Brauaf'eLs. Texas · Concr~e .oavcroent, ud. ti~, ltrad~g, fire protection s'yu~m design tot 2.~ acre T~tlcal Equipm~t Facility. E1 Paso. Texas for Corps water .system ~ing LrKWATEK moclcLin& program for C; .t'y of Mim$. Florida (pop. ~ I · Wa~er treatment s2/. ~ern dcsign for City. of Spo~ord, T~ta~ using State gra~ fimds · Construction impec:or :'or $0,000 S.F. W~-tha~usct Customer S~-"~ice Center ($1300,000), San Antonio, Texas JAN 1 1997 EDWARD R. GRIFFITH. P,E. RESUME OF QUALIFICATIONS - continued · la. ydrauli¢ study for 243 miles of s~'eams i~ Montgomery. Cotm.ty, Teas for Soil C, onserviuon Service using WSP-2 :md F!oodw~y ~ogr~.ms Paving & drain~e, utilities :nd water m~me~t for War,side Shops in Petica~ Bay. a 28 acre retail complex · p~i,g & d~age ~d ~lifies ~ L~e O~ SuMivist~m. a I00 acm sinilt f~ily comm~i~' in Naples Paving & drain~g~ and utilities f~ Wa~ S~isioa. ~ 10 ~ single f~ily ~sidemi~ development in Pclic~ Bay Pla,an. Lng/Management · ln. fra.s'tmctur~ for S300 million of impmveme .r~s to Wonderland ~ - Crossro~Is of $aa Amoaio. T~ta.s · Si're developmea: improvements for 24 acre ocean fz~at coadom;n;uz~/l:sotrl - Mus'~g Island. Texas · Renovation and replacem~m of a floodgat~ along Sma Atmmio Rivm' Loop in highly sensitive historic, al ~r~a · CbT Engir~r Consutt~nt tbr City of New Braunf¢Is. T~xa.s · .~sismnt Division Manager for admiais'a~tive~ professional ~nd ~-cl~i~l staff of fi0 ~rsoanel. Epgy. Hus~on & Associ,,:es. Inc. Curr:.n'dy responsible for over~ing .'he ~ful c. ompl~on of ~rmitting ~d ~ngine~ring of all proje~-"~ i~ PeLican Bay ~md ?elic~ .Manh t.~ougl~ ma~getaent of ¢onsulmms ami serving as local. state, and Fcclcral government Ii,son. for WCI Comr, uai~ies Limi~d ?~rtaership. Marketing/Communication · .active in Aquifer Water Task Force, San Antonio Chamber of Commerce · Conducted marketing ~ me, tings and r~ain~ a k~..' role in mazketing Hrms Services for prvvious 3 years · Prepared marketing plans a~d annual t~ports · ?r~are consulting service proposals. Fedev~ 2.~$ and 254 Forms · Presentations to CiD' Counciis` Zoning Commissions, Planning Coramissio~s, Historic ~eservation Board. Riverw.~lk Commission and Public ~earin~ PROFESSIONAL EXZ~ERIENCE: · Engineering Stat~; Stonier Stagg & Associates, b:c., Cat~ Ca~aver~ Florida, Sune 197.~ - Decemb~ 1977 Project Engineer, Tr'~vis-Braun & Associates. I~c., San Antonio, Te,,x~, J'~uar~ 1978 - September 1980 · Senior Project E. agine~r. S~otyJer Stags & Associzt~s` lac.. San Antonio, Texas. Scpmml:~r 1950 - October 1983 A~iate. Espey Hustoa & .-~sociates. lag.. Oexober 1983 - April 1987 · Engineer 1TI. Wil~on. M'iller, Barton & P~k, ha¢.. Naples. Florida. July 1987 - May 1988 · Director of Engineering. WC! Communities; Liming[ ?armer~hlp (formedy kao,na as W~,aghouse Communith;s ~fNaples. Inc.)..May 19~g - Pra~nt JAN 1 1997 P.O. 8ox 1053 * 211 South Ninth Street * Irnrnok:,lee, Florida 33934. I053 ¢941) 657-4361 · Fax (941) 657-6816 FROM: Date: M E M 0 TO: M-m~ers of the Board of County Commissioners Collier County, Florida Board of Trustees Guadalupe Center, Inc. Re: AGREEMENT FOR USE OF HOPEWOOD/HOSPICE FACILITY IN IMMOKALEE BY GUADALUPE CENTER January 2, 1997 Guadalupe Center has been serving the migrant and rural poor of Immokalee since 1982. Before beginning~any new programs, the needs of the people are researched and assessed. It has become apparent to the Board and staff that significant change will come about in Zmmokalee through education. Most of the children in I~mokalee start school at least 6 months behind, due in part to social and language disadvantages. In July, 1996, Guadalupe Center entered into aE agreement with Hospice of Naples to rent the Hopewood/Hospice building on Hope Circle. This building was built with Pockets of Poverty Funds ~o provide housing for farmworkers. Neither Hopewood nor Hospice were able to fulfill their mission in the facility. Guadalupe Center has been open for child care since October 15th. 45 children are being cared for and there is a waiting list of another 50. The program at the Guadalupe Center targets families of the working poor. It is a three-pronged program: school-readiness for young children, after-school care for school-aged siblings, and parenting programs (which could include literacy and job skills training for parents). Guadalupe Center is approaching the Board of County Commissioners to request that the county withdraws the requirement that the Hopewood/Hospice building be used only for farmworker housing so that the child care program can expand and meet an unmet need in the community of Immokalee. According to the requirements of the Pockets of Poverty grant, the County could require the owner of the property to compensate' the county for the money ($300,000) used to build Hopewood/Hospice if the building is not used for a purpose consistent with the goals of providing~ ................ l'.: '..; :. affordable housing to families of lower income levels'~,......//..~L--- I. JAN ~'° .... HISTORICAL PERSPECTIVE: POCKETS OF POVERTY GRANT FOR IMZ~OKALEE 1987 Florida State legislature appropriated $1,000,000 aid to local'government for a Pockets of Poverty Pilot Program for construction ~nd rehabilation of low cost housing in Immokalee. Feb.6, 1989 Agreement entered into between the Dept. of Community Affairs and the Collier Co. Board of County Commissioners to dispose of grant funds. This agreement was in effect until it was terminated on 12/31/91 Feb. 24, 1989 County Commission approved establishment of Collier Village Planned Unit Development on 39.14 acres of land. Collier County Concerned Citizens (4C's), a not-for-profit corporation, and Collier County Housing Authority created a P.U.D. on 39.14 acreas of land. Permitted use: Tract A (parcels 1-44) single family h~using Tracts A,B,C,D multi-family h~sing community centers recreational centers congregate living site multi-purpose senior centers child care facilities temp/emergency shelters residential or out-pt treatment centers any other use of a comparable nature & which sponsor & planned service manager determines to be compatible with project. 1989 State of Florida awarded Collier County funds for farmworker housing in Immokalee through POPP (section 420.809/420.813 of Chapter 42 of 1988 Fi. statutes) Pockets of Poverty Review Committee created by Collier Co. (Ordinance 88-66) The Fiscal Agent would be the Collier Co. Board of County Commissioners. JAN 1 1997 The Sponsor shall not dispose of the property without written consent of the County. If, through any cause, the Sponsor shall fail to fulfill its obligations under this agreement, the County shall have the right to demand repayment. HOPEWOOD ATTEMPTED TO PROVIDE CARE TO RETIRED FARMWORKERS FOR A YEAR. DURING THAT TIME, THERE WERE ONLY 2 FARM- WORKERS WHO MADE USE OF THE FACILITY, & RESIDENT MANAGER. August 31, 1993 Agreement between 4 C's and Hospice of Immokalee, Inc. 4C's determined that the original purpose for which the residence was established would be served by operating the residence as a hospice to care for terminally ill migrant farmworkers in Immokalee. They agreed to transfer ownership of the residence plus all assets and inventory ($120,000 plus a mini-van were g~ven to Hospice without restriction) 4 C's and Hospice acknowledged that the total amount of POPP funds expended for the residence at the time that Hospice received the residence was $3Q5,764.00 Dec. 21, 1993 First Amendment to the Agreement Between Collier County/4 C's/Hospice Farmworkers must be the beneficiaries of any projects funded under the agreement. 51% of total # of beds shall be occupied by farmworkers. Hospice shall operate the facility for period of 20 years from date of opening. Hospice was to provide annual reports to the County HOSPICE USED THE FACILITY FOR APPROXIMATELY 6 MONTHS. THE BUILDING WAS CLOSED TO RESIDENTS, AND LATER TO HOSPICE STAFF AND REMAINED CLOSED FROM MID 1994 UNTIL JULY, 1996 WHEN GUADALUPE CENTER RENTED TX{E FACILITY FROM HOSPICE TO INITIATE AN EARLY CHILDHOOD/FAMILY FOCUSED PROGRAM FOR THE WORKING POOR IN IMMOKALEE. JAN I Zt 1997 · £XHIBI? I I II JAN TEL: Jan 02 9? II::$ No.O06 ~.0I The purpose of this Se'orion is to set forth the pe:mltted u:es and development. 4.02 GENERAL DESCRI?TION Areas designated on the Master ~lan are designed to accommodate resident!al dwelling units, social service facilities, recreational facilities, essential services, customary accessory uses, and ¢ompaLible Land uses. All uses are ' " ",~o. For Profit" and are to be :elated to serving the entire community of lmmokalee. 4.03 PER.MITTED USES AND $~'RUCTURES No building or structure, or part thereof, shall be erected, altered, o: used, or !and or water u~ed, in whole or in p~rt for other than the following: 1) Tract A a. Single family housing b. Community center c. Recreation facilities d. Storage facility . 2) Tract B a. Multi-family housing b. Community centers c Recreational facilities d Congregate living facilities · Mu!ti-purpose senior centers f Child care facilities Temporary/emergency shelters h Residential oc outpatient treatment centers which may include, but not limited to physical, mental, and/or social treatment. i. Outpatient and after care counseling centers j. Any other use which is comparable in nature with tke foregoing uses and which thc Sponso~ and Zoning Director determines to be compatible with the project. 4-1 JAN 1% 1997 OBJECTIVE: To appoint 3 member~ to serve 4 year terms, expiring on December 31, 2000, on the Library Advisory Board. CONSIDERATIONS: The Library Advisory Board had 3 terms expire on December 31, 1996, representing Commission Districts 2, 4, and 5. This 5 member board advises the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. Terms are 4 years. A list of the current membership is included in the backup. The terms for Barbara Bova (Commission District 4), Jaculyn K. Dering (Commission District 2), and Murrell D. Stephan (Commission District 5) expired on December 31, 1996. A press release was issued and resumes were received from the following 7 interested citizens: .APPLICANT DISTRICT ELECTOR. Jaculyn K. Dering 2 yes Marcia H. Spillers I yes Theresa Malone Riley 2 yes Martha Gordon 5 yes Terrence J. Miller 4 yes Scott Diehl 5 yes Doris J. Lewis 4 yes _RECOMMENDATION: Jaculyn K. Dering - Commission District 2 Doris Lewis - Commission District 4 Mar. ha Gordon - Commission Disu'iet $ FISCAL hMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 3 members to serve 4 year terms expiring on December 3 I, 2000, to the Library Advisory Board, and direct the County attorney to prepare a resolution conftrming the appointments. Prepared By: Sue Filson Date: January 14, 1997 · , JANlq 1997 ! 1 ; t / .:, Library Advisory Board Name F,'ork Phone ,~ppt'd F_rp. Date ~'erm Home Phone DateRe-appt 2ndF_rpDate 2nd Term 12/22/92 12/31/96 4 Years '/' Barbara Bova 3951 Gulf Shore Btvd., N. Naples, FL 34103 District: 4 Category: Jaculyn K. Dering 6508 Thomas 3efferson Court Naples, FL 34108 District: 2 Category: Murrell D. Stephan 4251 N.E. 6th Avenue Naples, FL 34120 District: 5 Category: Sydney S. Me[linger 1200 Ludlam Court Marco Island, FL 34145 District: 1 Category: Sabina Musci 4470 32nd Avenue, S.W. Naples, FL 34116 District: 3 Category: 649-7237 592-0180 455-6669 12/22/92 12/31/96 4 Years 12/22/92 12/31/96 4 Years 06/04/91 12/31/94 4: Years 642-0633 12/13/94 12/31/98 4 Years 643-2324 12/13/94 12/31/98 4 Years This 5 member committee was created by Ord. No. 88-71 to acMse the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. Members are composed of 5 members representing the 5 commission districts, Men~ers are required to file a Form I Statement of Financial Interests each yearwil~ the Supervisor of Elec~ons, Terms are 4 years, .,,,' Staff: John Jones. Library Director. 774-8486 Friday..tune 28. 1996 JAN l 1 )97 RECOMMENDATION THAT THE 30~RD OF ¢O~LI~R COUNTY COMMIgSIONERS REAPPOINT JACULYN K. DEi~INH TO TH~ ~BRA~¥ ADVIgORY BOARD REPRESENTING DISTRICT 2 ~tND THAT THEY FTATHE~ ~OI.NT ~TF~ GCRDON ~3 RE~flZ~ATIT~ FROM DISTRICT Tibrary service. CONSID~TIONS: The Libra~ Advisory Board of =be Colliir Coun:y Public Library is au=horized for a ~ member Doard, one from each dls=ric=, appoin=ed by =he full Board of County commissioners. Board members may se~m 2 four-year GROWTH KARAOF. MZNT IMBACTI None \ FISCAL I.H~ACT: None RECOMMZ.NDATION: That the Board of Coun=y Co~missioners appoin= Jaculyn K. Dering, Doris Lewis, and Mar=ha Gordon to the Collier Cuun=y Library Advisory Board. ' ' Sydney ~ Meilinger, Cha.~e.son Library Advisory ~oard Dace: JAN 1 1997 MEMORANDUM DATE: October 28, 1996 TO: FROM: Vinell Hills, Elections Office ~ Sue Filson, Administrative Assistant Board of County Commissioners '"" RE: Voter Registration - Advisory. Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Jaculyn K. Dering 6508 Thomas .lefferson Court Naples, FL 34108 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 25, 1996 Vinell Hills, Elections Office RE: Voter Registration - Advisory-Board Appointments The Board of' County Cornmissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. . .'- LIBRARY ADVISORY BOARD Marcia H. Spillers 6207 Hansen Road Naples, FL 34112 Theresa Malone Riley 6075 Pelican Bay Boulevard, $$306 Naples, FL 34108 ! COMMI$SIOM DISTRICT Thank you for your help. JAN lq 1997 MEMORANDUM DATE: December 30, 1996 JA:I ~ 1527 ffl '"* '" "'~ "'~"g . .i" '" TO: Vinell Hills, Elections Office . ~r. trc~ ~f .' ,, .-. . FROM: Sue Filson, Administrative Assistant/p. t Board of County Commissioners '"' RE: Voter Registration - Advisory' Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisor~' committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Mar.ha Gordon 11802 Quail Village Way Naples, FL 34119 5'- Terrence I. Miller 3770 Parkview Way Naples, FL 34103 Scott Diehl P.O. Box 2286 Immokalee, FL 34143 Doris $. Lewis 94 Second Street South Naples, FL 34102 Thank you for your help. JAN 14 1997 MEMORANDUM DATE: TO: FROM: October 25, 1996 John Jones, Library Director, Sue Filson, Administrative Assistant,4 Board of County Commissioners Library Advisory Board As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this commitlee to submit a resume for consideration. I have attached the resumes received for you~ review as follows: Jaculyn K. Dering 6508 Thomas Jefferson Court Naples, FL 34108 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 7744097. Thank you for your attention to this matter. SF A~achments JAN 1997 October I 1. 1996 Jaculyn K. Dering 6508 Thomas Jefferson Court Naples, FL 34108 941-592-0178 Board of County Commissioners CoLlier County Government Center 3301 Tamiami Trail East Building F Naples, FL 34112 Commissioners: I am pleased to submit this letter and my resume as application for a second term as the District 2 Representative on the Collier County L~rary Advisory Board. I believe my backgro~md, my dedication and my enthusiasm have been real assets to the Board and trust that you will agree. In my view the community library system should be one ofthe basic educational and cultural resources in the community. I believe that it should be more than merely a place to borrow books but a resource to call upon and of which to become a part. Educationally this means working with the school system to encourage joint efforts to educate our children in h'brary use and get them started on a lifetime of using this resource. This also means sponsoring activities which Will attract children to come to the h'brary for a proverbial taste. Likewise I believe the h'brary should make an effort to serve as the focal poim for community education efforts whether for some comin,,;,~ topic such as life plam~, hobbies, art, music, language, job search, etc. or some topic of the day such as the political process, the environment, or growth management. Collier County is blessed with aa abuadaace of'higMy skilled but ot~ea unused talent that can be marshaled to provide assistance fiarthering the h'brary's mission. You will note in my resume that my business and professional baekgrotmd has beea varied /0 C..-.- J. N l 1997 County Commissioners Page Two October 11, 1996 and rew~ding. Starting in computer systems working for both pro~ md nonprofit Im'ger org~'~zations I moved to rnar~gin~ an operations department then a marketing function a~nd currently I have become more ~nchlly oriented in a one on one setting. I found ~ to have good and bad points but I don't regret the leaning experience or,ny ofrr~' positions. With a B.A. in math and a M.B.A. ~rom Temple University in Philadelphi~ I have found it rew,~'ding to seek new challenges in a v~et7 of work ~ett~ngs. During my first term on the L[brar7 Advisory Board I feel that I have had some major sccompEshments of which I am very proud. They include ac~ve l~rticipat[on in the h'brary's long range plan, ongoing efforts to upgrade th~ quality azxi quantity of our collection, successful negotiations with both the school d/strict and the First Church of'Christ Scientist Naples to solve the lack ofpark~n~ at headquarters, and movement in the long-range plan toward much needed regior~l h'braries. I would like to see continued discuss[on about where we plan to be in the next five years md how we are going to get there. I have enjoyed and would very much like to continue to be pa.~ of'that process. Sincerely, Jaculyu K. Dering /O C--- JAN 1997 ~ESUM'EOF JACULYN~ DERING 6508Thoma~J¢ff~on Ct. Napl~s, Florida 33963 941-592-0180 941-592-0178(fax) Profe~ional Experience: 1990- Ind .~mde_nt Financial ConsultanL Specializing in long term ~nancial pla~tin~ nairemeat plan~ing, coll~e pl~n,~ing, mutttal fund& life insu~nc¢ and annuitiea. 198%1988 MERR~L LYNCH PIERCE FENNER &SMITH 1987 SH~EARSON LEH34AN BROTRERS 1985-1986 1984-1985 1983-1984 IVERSON ~TES Dcvclopcd mazkcting plan foF ncw Philadelphia bas~ c~xni:aztcr c~a:tsuIxi~ ~ and initiated contacts with new cu~omcrs. M~ELLON BANK Manager 0fDemand Deoosit _~ons Set up new Demand Deposit S~c~oe by assemblMg and managing a work fcr~ ot45 employees, negotiating transfer ofolx:rafion.~ and staffhn phased out deparlznents. c~d~ring new equipment, desiring new work flows for checking account ~,~$. P,~'xa:ed statemmt delivery time ~ 30% with a significant decrease in customer complaints. bianag_er of Svs'tems Str~crt Acted as liai.~m ~ Operations and Systems. Devel~ quaru:rly plan~ for systems requests by setxing priorities for all request~ nego~2~g for ~ ~ and managing t~c. hnical sta. ff in the production ofspec~ons and testin&. Pa:sul~ w~¢ increased productivity and a reduced backlog of sy,agms m:tucsts. /o a- /0 PAGE 2 JACULYN K. DERL-NG 1979-1983 1977-1979 1975-1977 1973-1975 EDUCATION SLr~ COre[PANY THOM. a,S JEFFERSON b,'NI~gRSn"Y ScaJ~ ProgrammcrlAnaly~t FMC CORPORATION GIRARD BANK M.B.A. Temple University Major: Finance; minoe: Accounting and Marketing 1982 B.A. Temple University 1972 Major: Mathematics PERSONAL Iatcrcsts in books, travel, politics, ecoaomics, and libraries. Currently scrv[ng as Vice-Chair of Col~icr County Library Advisory Board and Board of Directors of ColLier County Women's PoL/fical Caucus. Formerly saved as Vice Pr~ident of C.n:org~)wn of Pelican Bay MEMORANDUM DATE: TO: FROM: RE: November 25, 1996 John Jones, Library Director Sue Filson, Administrative Assistant.,/[ Board of County Commissioners Library Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Marcia H. Spillers 6207 Hansen Road Naples, FL 34112 Theresa Malone Riley 6075 Pelican Bay Boulevard, #306 Naples, FL 34108 Please let me know, ha writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments JAN l 1997 November IS, 1996 NO' 2 0 1~9S Board of C:,.'.~t~ Ccm~.Issioners Ms. Sue Filson - Administrative Assistant Board ot' County Commissioners 3301 U.S. 41 E. Naples, FIodda 33962 Dear ,Ms. Filson: This letter is to inform you of my application for a position on the Library Advisory Board for Collier County Government. As you will se~ by my resume', I have a Masters Degr~ in Library and Information Science fi-om the University of'South Florida, and am currently the Director of M~xtia Services for St. J'ohn Neumarm High School in Naples. [ have held this position for five years, and ha.ye substantial experience in library operations and library budget issues. In my position at Neumann, I work closely with the Collier County Public Libraries to insure adequate access of h'~ormation for the students, faculty, and staff. I f'etl that my experience in the library field w~i dow me to be a usefi~l, and active member of'the Library Advisory Boa. rd t'or Collier County. Plea~e let me know if there is anything else I need to complete to help f'ac~Etate th~s appoLntment. Thank you in advance for your consideration to this matter. Sincerely, Marda H. Spillers Director of M~ia Services Accredited by the Southern Association of Colleges & Schools JAN lq 1997 Marcia H. Spillers 6207 Hansen Road Naples, Florida 34112 Phone. (813) 793-6773 EDUCATION August, 1977 Bachelor of Aris (B.A.) Speech'Education Speech and Hearing Therapy Northeast Louisiana University Monroe, Louisiana May, 1982 Masters of Education ~tEd.) Northeast Louisiana University Monroe, Louisiana December, 1993 Certification - Educational Media Specialis~ University of' South Florida Tampa, Florida May, 1994 Master of Aris (M.A.) Library and In/ormation Science University of' South Florida Tampa, Florida 4.O GPA Member of'Phi Kappa Phi National Honor Society- WORK EXI)ER~NCE September 1992 to present Director of'Media Services St. J'ohn Neumann High School Naples, Florida Maintain and operate school library media center. Develop yearly budget for school library, address operations issues, work with students, faculty, and staff'. /7 Marcia H. Spillers page 2 November 1987 - April 1991 Collier County Government Naples, Florida Transportation Department September 1977 to November 1987 September 1985 to May 1986 REFERENCES Ouachith Parish School Board Monroe, Louisiana Classroom Teacher Northeast Louisiana University Monroe, Louisiana College Athlete Tutor Available upon request. /Oc.. JAN lq 1997 RECEIVED NO'~ 2 0 ~ '..' *.'.f NOVEMBER 18, 1996 6075 PELICAN BAY BLVD. NAPLES, FLORIDA 34108 SUE FILSON, ADM. ASST. BOARD OF COUNTY CO~{ISSIONERS 3301 U.S. 41 EAST NAPLES, FLORIDA 33962 . DEAR MS. FILSON, I HAVE BEEN A RESIDENT OF COLLIER COUNTY FOR FIVE YEARS. MOVING FROM THE STATE OF IOWA. BECAUSE OF MY RURAL BACKGROUND MUCH OF MY EARLY LEARNING AND LOVE OF BOOKS RESULTED FROM OUR LIBRARY SYSTEM AVAILABILITy. AS YOU CAN SEE BY THE ENCLOSED RES[nE I HAVE BEEN ACTIVE AS AN EDUCATED PROFESSIONAL AS WELL AS A COMMITTED VOLUNTEER. I FEEL MY BACKGROUND GIVES ME UNIQUE QUALIFICATIONS TO SERVE ON THE LIBRARY ADVISORY BOARD. SINCERELY, THERESA MALONE RILEY JAN 1 4 1997 EDUCATION: GRADUATE OF UNIVERSITY OF IOWA, EDUCATION AND GENERAL SCIENCE MAJORS. BOARDS I HAVE SERVED ON: MERCY HOSPITAL AUXILLARY, CEDAR RAPIDS, IOWA LEAGUE OF WOMEN VOTERS, CEDAR RAPIDS, iOWA LINN LAW WIVES, CEDAR RAPIDS, IOWA REGIS HIO~ SCHOOL, CEDAR RAPIDS, IOWA MARION, IOWA PUBLIC LIBRARY (PRESIDENT & SECRETARY) HELPED ORGANIZE THE FRIENDS OF LIBRARY ORGANIZATION TO HELP FUND AND PROMOTE THE REBUILDING OF THE LIBRARY IN MARION. CO-CHAIRPERSON AND ORGANIZER OF "BOOK WORMS". PELICAN BAY WOMEN'S LEAGUE BOOK DISCUSSION GROUP. THERESA MALONE RILEY 6075 PELICAN BAY BLVD ~306 NAPLES, FLORIDA 34108 (941) 592-5235 JAN '1997 /? MEMORANDUM DATE: October 28, 1996 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant .'-'~ Boa.rd of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please lis~ the commission dism-ict in which each applicant resides. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Jaculyn K. Dering 6508 Thomas .lefferson Court Naples, FL 34108 Thank you for your help. /9O-. JAN l 1997 /$ MEMORANDU~ DATE: TO: FROM: December 30, 1996 John Jones, Library Director Sue Filson, Administrative Assistant~_~ Board of County Commissioners Library Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Martha Gordon , 11802 Quail Village Way Naples, FL 34119 Terrence J. Miller 3770 Park-view Way Naples, FL 34103 Scott Diem P.O. Box 2286 Immokalee, FL 34143 Doris J. Lewis 94 Second Street South Naples, FL 34102 Please let me know, in writing, the recommendation ofthe advisory corem!tree for appointment and I will prepare aa executive summary for the Board's co~ideratiom Please categorize the applicant~ in areas of ezpertise. If you have any question.s, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments JAN l Z~ 1997 Dec. 22, 1996 To: Collier County Commission Fr: Terrence J. Miller Re: Library Advisory Board's Naples Representative This is an application for the Librar~ Advisory Board from a City of Naples resident. Currently, Barbara Bova holds the post. I am journalist who has won several Associated Press awards, edited two magazines, chaired a county cable tv citizens committee in Arlington, Virginia and served as a member of one in Naples. I've also ~ritten a best-selling book on classic cars and contributed a section for a book on the Internet. One of the reasons I moved.to Naples was that I fell in love with our library, which is incredible for a community this size. As an Advisory Board member, I think I have something to bring to the party. That is, helping to guide the library in connecting to the four corners of the community with a community outreach program through branch libraries and substations and establishing libraries within retirement communities using retired librarians, t also see the library system having a place in the community's future economic and other development. I'm a fanatic believer in libraries that promote quality of life. In short, I share Barbara Bova's passion. We need to obtain more books without spending significantly more money. I think I know how this can be accomplished: My last quarter century at work was in public relations, marketing and sales. Since arriving in Collier several years ago, I have been active in the community. I've worked on political campaigns. Besides serving on the city's cable tv committee, I founded the Naples Press Club, Mended Hearts Chapter 232 (I'm president of both) and the Naples Free-Net (with Melody Hainsworth; my board term expires in February and I'm director of its Media Center), among other groups. I also have been active in organizations started by others: as Naples representative to the Film Society of S~uthwest Florida, as a volunteer and former Auxiliary board member at the Naples Community Hospital, and as a member and former board member of the PC user group in Naples. Terrence Miller 3770 Parkview Way Naples, FL 34103-2737 434-9230, fax 434-0498 media@naples, net DEC 2 3 Board of Coun~f ¢c~issioners JAN l Zl 1997 From The Desk Of... SCOTT DIEHI, November 25, 1996 Dear Ms. Filson: Recently, ! was made aware of an o~ning on the Library Advisory Board from District 5. I would like to take this opportunity to apply for the posit/on on the Collier County Library Advisory Board. Due to my overwhelming interest in my community, and mY yearning love for knowledge through the written word, I find myself propelled to do my civic duty to represent my friends and neighbors on one ofthe finest boards within the County. Over the years, I have been a personal friend of the library through my yearly contribution.of books to the library system. Recently, I donated l0 hardcover and 14 sof~cover books to the Immokalee library. I know I can be an asset to the Library Advisory Board, because of my many attributes I possess, including my organizational skills, dedication, outgoing personality, and willingness to work hard and learn new things. I definitely have a strong ability to plan people and events. I consider myself to be a very agressive and energetic individual. I am interested in this position because I 'know I have the ability, ambition, and experience needed. Therefore, it is with great interest and enthusiasm that I apply for this position. Enclosed, you will find a copy of my credentials as application. If you have further questions, plea.se contact me. I look forward to hearing from you Sincerely, SCOTT D~HL JAN loc_, 1 1997 SCOTT DIERL P.O. BOX 2286 EMMOKALEE, FL 34143 RESIDENCE: (813) 45S-0583 EMPLOYMENT HISTORy CLERK - (3/95 - 4/96) Sunniland Enterprises Inc., lmmokalee, FL. Performed several daily tasks within two separate conveience stores located in the Immokalee area. Work included light bookkeeping and accounting, cashier, check casher dealing with several thousands of'dollars, light jardtorial, s~ock and merchandiser display, as well as open and closing responsibilities. SOLE PROPRIETOR - (1/93 - 6/94) Wooden It Be Nice, Naples, FL Participated in every aspect of the total operation ora full service retail furniture store. Created and implemented marketing strategies and targeted a wide spectrum of advert/sing mediums. Worked in Sales, Purchasing, Delivery, Warehouse Inventory, Repairs, and Finishing. Supervised several pan-time and contracted employees on a daily basis. Consa'ucted and oversaw an annual budget of $250,000, while increasing the gross sales TH-fold! RECREATION LEADER - (4/92 - 10/92) Jacksonville Parks, Recreation & Entertainment, Jacksonville, FL Served as Director of RJnghaver Community Park. Supervised, planned, and implemented recreational activities for the park. Assisted at various special events sponsored by the City. Organized all athletic programs and leagues within the park. Involved in the Umted Recreation Association for Kids grant program. Handled the entire State's Summer Lunch program for Clay County. GRADUATE ASSISTANT - (8/91 - 4/92) Michigan State University, East Lansing, MI Presided as the Residence Hall Supervisor and responsible for the direct supervision of six Residence Hall Assistants within Wonders Hall. Created and facilitated a wide range of educational and cultural diverse programs such as; Wellness programming, AIDS presentations, and Multi-cultural open forums aTnd debates. Administered and managed the total operations of the largest co-ed, recreational weight and fitness center on campus (~ONDERBODIES), which included supervision of twenty part-time employees with a membership over 2,000 students. Worked as a SUB~TITLrI'E TEACFrER for the Lansing School District and carried nine cred/t hours ofgraduate course work in Educational Administration while being a graduate assistant. INTRAMURAL DIRECTOR - (7/89 - 8/90) Macomb Commumty College, Warren, MI Supervised and implemented athletic leagues and tournaments for a campus population of 30,000 full and pm-time students, as well as faculty and staff. Hired and /o JAN 1697 supervised well over 50 part-time and contracted employees. Implemented department - wide restructuring, incorporating new policies and programs, enlarged and expanded all athletic programming and campus-wide special events, including but not limited to week- end camping trips. Revised and reduced the yearly budget through savings from former waste within the bureaucratic organization. Doubled the active participation on campus in recreational programs, and actually cleared a profit or surplus of funds. YOUTH COUNSELOR - (1/89 - 7/89) Macomb/St. Clair Private Industry Council, Mt. Clemens, Nil Assisted eligible teens through the application process within the federal program, Job Training and Partnership Act. Rtcruitment and screening of prospective teen job applicants for placement at various job sites in the largest demographic area in Macomb County. Processed large volumes of paperwork, interviewed hundreds of applicants, seeked several job sites, and assisted other office personnel. MANAGER- (10/80- 6/86) Hall Drugs, Utica, MI Supervised and managed the total operations of a retail/pharmacy dragstore. Hired and trained several full-time and part-time employees. Handled advertising, purchasing, marketing d/splays and inventory. Reported dramatic increases in gross sales consecutively over a per/od of five years. BACI-iELOR OF ARTS. Central Michigan University, Mt. Pleasant, MI 12/88 Major: Recreation and Park Administration with Cum Laude honors ASSOCIATE OF ARTS. Macomb Community College, Warren, MI 12/86 Emphasis: Political Science with Cum Laude honors DWLOMA. Utica High School, Utica, MI 6/82 Emphasis: Business and Social Sciences with honors VOLUNTEER COYLMUNITY SERVICE ' Friends of the Park Board Member (Immokalee) * Political Writer/Activist/Consultant * Guadalupe Center's Tiuanksgiving Dinner in the Park * Member of Golden Gate Estates Civic Association * Landscape/Interior Design Consultant * Cinco DeMayo & Harvest Festival Volunteer * Libertarian Party member & delegate * Catholic Sunday School Teacher JAN 3 December 2, 1996 Ms. Sue Filson 3301 East Tamiami Trail Naples, FL 34112 De, ir Sue, We spoke briefly on the telephone last week regarding an advisory board position. You mentioned to me that there is presently an opening on the Library Advisory Board - District 4. I am interested in applying for this position. Enclosed is my resume and if you would like more information or reterences, please call during the day at 403-6702. If I am required to fill out an application, I would be more than happy to do so. Thank you for your consideration. Sincerely, Doris I. Lewis 94 Second Street South Naples, FL 34102 Enclosure: Resume JAN l 1997 Doris J. Lewis 92 Second Sb'eet South Naples, FL 34102 261-8754 EDUCATION: PRESENT EMPLOYMENT: PREVIOUS EMPLOYMENT: INTERESTS: COMMUNITY INVOLVEMENT: COMPUTER TRAINING: Graduate Bowling Green University, Bowling Green, OH, 1968 Graduate level classes, St. Jolm University, Cleveland, OH Current Florida Realtor licen~ Ban'on Collier Company/Peninsula Improvement Co.; Naples, FL Ban'on Collier Company/Silver Strand Division; Immokalee, FL 1991-1993 Administrative Assistant to: Assistant Agribusiness Manager - Citrus, Robert Newsome Assistant Agribusiness Manager - Farm, Richard 'Green Ban'on Collier Company/Silver Strand Nursery; Immokalee, FL, Office Manager (25 employees) 1986 - 1991. Ed's Electric Service & Air Conditioning, Inc.; Naples, FL, Office Manager (30 employees) 1976-1986. 3rd grade Elementary school teacher, substitute teacher, Adult Education teacher (sewing instructor and English to the Foreign Bom), Pre- Kindergarten teacher Neu Ulm, Germany. Owned Miss D. $'s Charm and Modeling School for girls 9 - 15, Naples, FL, aerobics, modeling, calligraphy, stained glass, basket weaving. Past Board member Naples Welfare Association, Naples Junior Woman's Club, Naples Rose Society, Lely Band Booster Club, First Presbyterian Church. Word Perfect, 20/20, Lotus REFERENCES: Mr. Gary Carlson, Carlson-Harris, Naples, 598-I954 Mr. Mike Cart, Sunshine Investment Realty, Inc., 597-7778 Mr. Roy Cawley, Ban'on Collier Company, 262-2600 Mr. Robert H. Roth, P.E., Barron Collier Company/Silver Strand Division, Immokalee, 657-3602 JAN l 1997 EXECUTIVE SUMMARY PETITION NO. R-96-14, AMERICAN ENGINEERING CONSULTANTS, INC., REPRESENTING MARLO CURIALE, REQUESTING A REZONE FROM "A" TO "C-$' FOR A BUILDING SUPPLY STORE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL SOUTH (U.S. 41) ~A MILE EAST OF (C.R. 951), IN SECTION TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.08 ACRES. OBJECTIVE: The objective of this petition is to have certain land herein described rezoned from "A" Rural Agricultural to C-5 Heavy Commercial District. CONSIDERATIONS: The subject property lies within the C.R. 951/S.R. 951 and Tamiami Trail Activity Center in part. Zoning districts within the "Activity Center" boundary include C-4 districts on the S.E. and S.W. comer, C-3 on the N.E. comer and PUD/Commercial on the N.W. comer. Major commercial developments are in place on the N.W., S.W., and S.E comers of C.R./S.R. 951 and Tamiami Trail. The petitioner is requesting that the entire parcel be zoned C-5, however, the entire parcel does not lie within the "Activity Center." To that e~ent this petition is inconsistent with the Future Land Use Element to the GM?. The east boundary of the "Activity Center" creates a trapezoidal shaped parcel on the most western part of the subject property having approximately 515 feet of' Tamiami Trail road frontage but narrowing to approximately 220 feet ~long the north side of the property. The FLUE further provides that land under the same ownership lying within and without the "Activity Center" may be expanded, provided that 75% &the site lies within the "Activity Center." By applying this rule we conclude that 4.74 acres of'the eight (8) acres lies within the "Activity Center." An action to rezone only that portion of'the parcel within the "Activity Center" as modified by the 75% rule is consistent with the FLUE. In all other respects this petition as conditioned is consistent with the GMP. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of'the proposed land use change, be they positive or negative, culminating in a staffrecommendation based on that comprehensive overview. AGE_NDe_ JAN 1 1997 PI. The listed criteria are specifically noted in Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and from the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Boa. rd of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever 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 compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. Staffis of the opinion that a rezoning of the subject property is compatible with its surrounding environs because it is located within an" Activity Center", has commercial zoning on one of its sides, and directly opposite the site. More than likely land lying south of the site located within an 'Activity Center' will be zoned to some non-residential use. The petitioner advises that their expressed intention is to establish a building materials and supply center which requires C-5 zoning. C-5 zoned land is extremely limited in this area. There is only one small C- 5 district between Rattlesnake-Hammock Road and C.R. 951. For all practical purposes this eliminates any opportunity for one to establish C-5 types of activities, such as building materials and supplies, many of which serve populations in their immediate and nearby environs. The Collier County Planning Commission heard this petition on December 19, 1996 and they unanimously voted (8 to 0) to recommend rezoning 4.79 acres (i.e. 515 by 400) of the subject land to C-5 zoning classification as conditioned. The Planning Commission further recommended that the GMP be amended to reorient the "Activity Center" to parallel the actual right-of-way configuration. This would likely have the affect of including all of the subject property within the "Activity Center" boundaries. No person spoke or otherwise communicated any opposition to the approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. AG£ND~ I~'EM No. ~ JAN 1 1997 GROWTH MANAGEMENT IMPACT: Analysis of this petition as presented and as structured by its PU'D regulatory document resulted in reaching a conclusion that its approval is consistent with the Collier County Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: Collier County Planning Commission (CCPC) recommends that Petition R-96-14 be denied as requested but that an area containing $15 feet offi'ontage and an area of 4.74 acres (i.e. 515 by 400) be rezoned C-$ subject to certain stipulations and conditions described in the adopting Ordinance, and that staff'be directed to revise the "Activity Center" boundaries during the upcoming EAR based amendments to the Comp. Plan for the purpose of realigning the boundaries to coincide with the actual fight-of- O~7~D,rsection propertv ownership configuration. RONALD NINO, AICP DATE - CHIEF PLANNER REVIEWED BY: ROI~RT J. MULFIERE, AICP CURRENT PLANNING . NM~AC~.R DONALD W. ARNOLD, AICP PLANNING SERVICES DEP~.R~!~ENT DIRECTOR V~CENT A. CAUTERO, ADMINISTRA~) .DATE DATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. AGEN. D6 ,JAN 14 AGENDA ITEM 7-C MEMORANDUM TO: FROM: DATE: RE: OWN'ER/AGENT: COLLIER COUNTY PLANNING COM]VffSSION COMMUNITY DEVELOPMENT SERVICES DIVISION December 3, 1996 PETITION NO: R-96-14 Marlo Cariale Agent: American Engineering Consultants 573 Bald Eagle Drive Marco Island, Florida 34145 O~'ner: Nfl'. M'ario Cariale 845 Bald Eagle Drive Marco Island, Florida 34145 REQUESTED ACTION: TNs petition seeks to have certain land herein described rezoned from "A" Rural Agricultural to C-S Heavy Commercial District. GEOGRAPHIC LOCATION: The property fronts upon the north side of U.S. 41 East/Tamiami Trail approximately 1100 feet east of C.R. 951. The property has approximately 880 feet of frontage and an area of 8 acres more or less (see location map following page). PU'RPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to establish a building supply center containing outdoor building storage areas and an indoor sales space of approximately 40,000 square feet of gross area. Additionally, the petitioner proposes to facilitate construction of other unrelated space of approximately 27,000 square feet consistent with the use provisions of the C-5 district. AGENDA ~EM No. ~ JAN 1 ~ 1997' SURROUNDING LAND USE AND ZONING: Existing: The property is vacant and zoned Rural Agricultural. Surrounding: North: East: South: West: To the north the land is vacant and is zoned "PUD" Planned Unit Development - known as Woodfield Lakes. A site development plan SDP-9$-10 was approved for a sales center which is functioning to market sales for condominium dwelling units planned for the Woodfie]d Lakes site. The north boundary of' the subject property will be contiguous to the planned residential Woodfield Lakes community. To the east the property is vacant and zoned Rural Agricultural. To the south and on the opposite side of' Tarniami Trail the property is vacant and for the most part zoned Rural Agricultural while one property is zoned Co2 immediate opposite the most central part ofthe frontage of'the subject property. To the west the property is vacant and zoned Existing Activity_ Center Zoning District - The subject property lies within the C.IL 951/S.IL 951 and Tamiami Trail Activity Center in part. Zoning districts within the "Activity Center" boundary include C-4 districts on the S.E. and S.W. corner, C-3 on the N.E. corner and PUD/Commercial on the N.W. corner. Major commercial developments are in place on the N.W., S.W., and S.E. comers of C.R./S.IL 951 and Tamiami Trail. GROWTH MANAGEMENT PLAN CONSISTENCY: The petitioner is requesting that the entire parcel be zoned C-5, however, the entire parcel does not lie within the 'Activity Center." To that extent this petition is inconsistent with the Future Land Use Element to the GMP. AGENDA LTEM J A N .1. 199/' The estimated east boundary of the "Activity Center" creates a triangular shaped parcel on the most western part of' the subject property having approximately $1 $ feet of Tamiarni Trail road frontage but narrowing to approximately 220 feet along the north side of the property. The FLUE further prop/des that land under the same ownership lying within and without the 'Activity Center" may be expanded, so that 75% of the site lies within the 'Activity Center". By applying this rule we conclude that approximately 4.74 acres of'the eight (8) acres lies within the "Activity Center." An action to rezone only that portion of the parcel within the "Activity Center" as modified by the 75% rule is consistent with the FLUE. Consistency statements for the applicable elements advise as follows: Traffic Circulation Element - The project trips exceed 5% of the LOS "C" design volume within the projects radius of development influence (RDF). However, the site generated trips will not create a concurrenc7 problem within the project's RDI because the project trips don't lower the capacity below any road's adopted LOS "D" s~andard and is therefore consistent with policies 5. I and 5.2 of'the TCE. The proposed rezone will not create or excessively increases traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3 ofthe TCE. Sewer and \Vater - The project narrative indicates that the County's sewer and water system will be connected to site development activities. Drainage - Water management requirements will be addressed at the time of SDP required approvals. Such approvals will be made consistent with Collier County drainage requirements. Oven Space - Thirty (30) percent of the project site will be set aside in a pervious area as a function of subsequent required development approvals. Conservation - Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. As structured and as a consequence of the review process for subsequent required approvals development of the property will be made consistent with all applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. AG£ND I1' NO. ~ JAN 1 1997 ~'1~. 7 EVALUATION FOR INFRASTRUCTURE: ENVIRONM'ENTAL~ TRANSPORTATION AND 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. This petition was administratively reviewed on behalf of the EAB and staff recommended approval. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of'analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and fi.om the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified 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 and are categorized as either pro or con or not applicable, whichever the case my be, in the opinion of ~aff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. AG £ ~ OA No.t~ JAN 1 4 1997 ~EVA!,UATION FOR I'NFRASTRUCTURE: ENVIRONMENTAL~ TRANSPQRTATIQN AND The subjec~ petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering stzff, and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval. ANALYSI~ Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's fiature land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all &its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analy-Ang the relationship &the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and from the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified 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 and are categorized as either pro or con or not applicable, whichever the case my be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. ,JAN 1 4_ 1 cJ7 Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning a~ion advise as follows: Relatiom;hlp to Future and Exi,ting Land l,J~:? - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 4.74 acres (i.e. 515 feet of frontage by 400 feet deep) will be consistent with provisions of the FLUE. It is not sufficient that a petition only need to show consistency with the GM? in order to justify a rezoning action. Other factors are equally important and include the follows: _Compatibility - Staffis of the opinion that a rezoning ofthe subject property is compatible with its surrounding environs because it is located within an Activity Center, has commercial zoning on one of its sides, and directly opposite the site. More than likely land lying south ofthe site located within an 'Activity Center" will be zoned to some non-residential use. With respect to a contiguous lot line to an approved residential, but as yet undeveloped project C¢/oodfield Lakes) this relationship can be made compatible by imposing appropriate sound and visual buffer structures or land improvements. The LDC requires a fifteen (15) foot wide landscape buffer with an eighty (80) percent opacity screen. Staff recommends that the eighty (80) percent opacity screen be substituted with a precast masonry fence, and that no buildings or stockpiled merchandise be placed within six. Bt (60) feet of the lot llne contiguous to Woodfield Lakes. In the opinion of staff these development standards should substantially reduce the potential impact of commercial development. The petitioner advises that their expressed intention is to establish a building materials and SUpl:/ly center which requires C-5 zoning. C-5 zoned land is extremely limited in this area. There is only one small C-5 district between Ranlesnake-Hammock Road and C.IL 951. For all practical purposes this eliminates any opportunity for one to establish C-$ types of aclivities, such as building materials and supplies, many of which serve populations in their immediate and nearby environs. The South Naples, Royal Fakapalm and Marco Planning Districts which potentially would be served by C-$ land uses at this site have a 1995 reported population of' 36,408 persons and is estimated to have a population of 48,821 persons by the year 2000. This portion ofthe Tamiami Trail offers us in the opinion of staff a site that is appropriate for C-$ land uses because it minimally impacts residential areas, and enjoys access to major intra county road systems. AGENDA ~EM~ JAN 1 4 1997 Typically, staff encourages petitioners to reques~ rezoning actions to PUD's however, in this case staff concluded that a building supply and materials center land use activity is as or more intense a land use that other authorized C-$ land uses. Therefore, in the opinion of staff there is insufficient justification for requiring a PUD submission. Nevertheless, staff has formulated conditions for approval which will achieve a similar development emphasis to that which could be achieved through a PUD rezoning action. Timing - Clearly the timing of a rezoning action from agriculturally zoned land is present when the land is impacted with nearly Urban Residential zoning districts, (i.e. Lely:. A Resort Community, Eagle Creek and several Mobile Home and R.V. developments) and when it is capable of being served by sanitary sewers and potable water supplies. Sanitary sewers and potable water supplies are in place along the Tamiami Trail. Traffic - The site generated trips exceed the Si_m'dficance Test (5% of the Level of Service "C" design capacitT) on U.S. 4l east of the projea znd within the projects radius of development influence 0:LDI). However, the site generated trips will not lower the level of service below the adopted LOS "D" standard for any road se_m'nent within the project's RDI. It should be appreciated, however, that this assessment was based upon a potential project that is not being recommended for approval because the acreage requested goes beyond the "Activity Center" boundary for which non-residential zoning can be approved. The Traffic Circulation Element (TCE) lis~s U.S. 41 as a 4 lane collector road and 2 lanes east of the project. The current traffic count for this road west of S.R. 951 is 21,182 AADT which results in LOS "A". U.S. 41 east of S.R. 951 has a count of 4,367 and is operating at LOS "B". It should be noted that U.S. 41 wes~ of S.R. 951 is scheduled to be improved to 6 lanes by 1998. Furthermore, C.R. 951 is currently being improved to a 4 lane facility. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 5.1, & 5.2 of the TCE. The access point shall only be from U.S. 41. No roadway interconnection to the adjacent property is provided. In view of the clear si~t distance along this segment of U.S. 41, the proposed access should operate with an acceptable level of'safety. In addition, since this is a state road, the access point is subject to all required R.O.W. permits and the Access Management Plan. The final access geometry and design of the traffic circulation system will be reviewed at the time of Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. Based on statTs review, the conceptual traffic circulation ~mem is deemed consistent with Policy 7.2 and 7.3'of the TCE. The Traffic Accident Report for 1995 shows the intersection of S.R. 951 and U.S. 41 as having a moderate traffic accident raze (20 to 29 per year). Traffic system management concerns are included in the draft Ordinance of stipulations to any approval order. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend that Petition R-96..14 b¢ denied as requested but that an area containing 515 feet of frontage and an area of 4.74 acres (i.e. 515 by 400) be rezoned C-5 subject to certain stipulations and conditions de~:ribed in the adopting Ordinance. Rb'N NI~67~P DATE CHIEF PLANNER ILE VIEWED BY: ROBERT J. NOdLHEFLE, AICP CURRENT PLANNTNG Mu~AGf_,R-- ,- CENT X. CXUTER~, ~DMINIS~R COMMUNITY DEV. AND ENVIXONMENTAL SVCS. DATE DATE DATE Petition Number R-96-14 StaffReport for December 19, 1996 CCPC meeting. NOTE: This Petition has been advertired for the January 10, 1997 BCC meeting COLLlq=-R COUNTY PL~ COMMISSION: MICHAEL A. DAVIS, CHAIRMAN R-96-14 STAFF REPORT/lad AGENDA ITEM : J A N 1 4 1997 REZONE ~N'DINGS PETITION R-9&-I4 Section 2.7.2.5. of the Collier County Land D~velopment Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and cot~dered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro.'. Development Orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance wi~h the Future land Use Element of'the Growth Management Plan for Collier County and all other elements. their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Ex. isling: Surrounding: North: Ea3t~ The property is vacant and zoned Rural Agricultural. To the north the land is vacant and is zoned 'PUD" Planned Unit Development. known as Woodfield Lakes. A site development plan SDP-95-10 was approved for a sales center which is Kmctioning to market sales for condominium dwelling units planned for the Woodfield Lakes site. The north bouodary of the subject propen)- will be contiguous to the planned residential Woodfield Lakes To th~ east the property is vacant and zoned Rural A_~-k'ultural. AGEND4 ITEM No. ~ JAN 1 4 1997 South: To ~ south and on the opposite side of Tamiami Trail the property is vacant and for the most pan zoned Rural Agricultural while one property is zoned C-2 immediate opposite the most central pan of'the frontage of'the subject property. To the west the property is vacant and zoned C-2. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within an "Activity Center". Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con:. Evaluation not applicable. Summary Findings: The district boundaries are logically drawn and they are consistent with the GMP. Adjacent land to the west is zoned "Commercial". Ifapproved this action would serve to enlarge the commercial area now zoned. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of' the property and because ks relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. ' Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Adjacent properties are located in an "Activity center". By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to commercial development. AGEND~ IT~ No. ~ JAN ! 4 1997 n. 13 e (ii) Recommended mitigation actions made a condition ot' approval will go a long way towards off-setting any potential adverse influences on the proposed residential community lying north of the project. (i) Potential noise fi.om land use activities could be annoying to future condominium owners at the Woodside Lakes PUD. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and.designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. Whether the proposed change will create or excessively increase tra~c congestion or create types of traflqc deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traflic, including activity during construction phases ot' the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a state highway thereby providing a immediate highway system over which traffic from this project would be defused. No traffic fi.om the subject property is required to use local subdivision streets to access the subjec:~ property. Con: (i) Urban intensification results in greater volumes of tr~lic on the medal and collector road syslem serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all prOJects are subject to the ConCUrrency Management system. AGENDA JAN 14 1907 _ 10. Whether the proposed change will create a drainage problem; _P,ro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of' itself, is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of' corm~ensurate improvement to intra-county drainage appurtenances would increase the risk of' flooding in areas when the drainage outf'ail condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of, land f,or some land use a~ivity is scrutinized and required to mitigate all sub-surface drainage generated by developmental ac:ivkies as a condition of, approval. This project was reviewed f,or drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be luff. her exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings: Ali projects in CoLlier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zor~ng districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of'air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent are~; Pro: (i) Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the south and west sides due to its Estates and Rural Agricultural zoning. .Con: (i) None. AG£NOA JAN 1997 P.~. 11. 12. 13. 14.. Summary Findings: This is a subjective determination based upon ~nticipated results which may be internal or external to the subject property that can affect properly values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a properly is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/C~on: Evaluation not applicable. Summary Findings: the basic premise underlying all of the development standards in the zoning division of' the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with .s~id Comprehensive Plan. In light of' this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is fi~rther determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the properly cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary FindinGs: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of' the site as made possible by its consistency relationship with the FLUE. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. IAN 1 4:1997 Pl. //~ 15. 16. 17. .Summary Findines: T~e proposed development complies with the Growth Management Pla~g a policy statement which has evaluated the scale, density and intensity or land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites w. hich a~e zoned to accommodate the proposed development. T~s is not the determiNng factor when evaluating the appropriateness of' a rezon~ng decision. T~e determinants of' zoning are consistency with all elements of the G/vIP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of'the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any ot' the range of potential uses under the proposed zoning classifi~tion. Pro/Con: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of pubLic services and levels of service determined that required in:6'astructure meets with Gtv[P established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the G~W. REZON'E FFNDINGS R-96-14/pd 6 AGENDA ITEM*,, JAN 1 4 1997 COLLIER COUNTY APPLICATION FOR STANDARD REZONE PETITION NO. .D_' ~ ~-1 4 ~ COORDINATING PLANNER:~ ~;~,._ ~,'~ ~l~e,~ DATE RECEIVED: "'~ f?j,';' APPLICANT NAHE (AGENT) :(A~er~ R~ fknsul~, ~NE: (941) 394-1 697 APPLICANT ADDRESS: 573 Bald Eagle Drive,Marco Island, FL 33937 PROPERTY OWNER (PETITIONER~ NAME AND ADDRESS*: DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: N 1/2 of 3 TOWNSHIP: 51 South see attached description PHONE: ( q41 ) 647-1 991 ,RANGE: 26 East PROPERTY I.D. $: 726000009 SIZE OF PROPERTY: 880 FT. X 400 FT. ACRES: 8.08 GENERAL LOCATION OF SUBJECT PROPERTY: U.S. 41 1/4 Mile East of S.R. 951 ADJACENT ZONING AND LAND USE ZONING N PUD S A-2/C-2 E A-2 W A-2 C+ST EXISTING ZONING: A-2 LAND USE vacant U.S. 41 vacant vacant REQUESTED ZONING: C-5 PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): Building Supply -1- AG£ND& tT~M. JAN 14 1997 DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: no HAS A PUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. no . IS THIS PROPERTY CURRENTLY VACANT? X YES NO. IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. SIGNATURE OF PETITIONE~OR AGENT DATE Martin D. Pinckney, P.E..Branch Manager American Engineering Consultants, Inc. If petitioner is a corporation other than a public corporation,, so indicate and name officers and major stockholders. If petitioner is a land trust, so indicate and beneficiaries. name If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STAND REZONE APP/md/14864 -2- ~./~ JAN 14 1997 Collier County Application ['or Standard Re~nv The North hal['(Nl/2) of Section 3, Township 51 South, Range 26 East, Collier Count2,', Florida; From the East Qua~rter comer of Section 3 run with Section line South 0 41' 3 I" West, a distance o[.612,$7 feet; thence North 89 18' 29" West, a distance of 722.3.5 feet to the intersection of'the West fight-of-way line ora County Drainage Canal with the North right-of-way line of State Road #90 (Tamiami Trail); thence with said Trail fight-of-way line. North .54 20' 16" West, a distance of 2207.$I feet to the TRUE POI'NT OF BEGINNING; thence'continuing with the Trail right-of- way line North 54 20' 16" Wesf, a distance of 880 feet; thence North 3.5 39' 44" East, a distance 0[.400 [.eet; thenc: South 54 20' 16" East, a distance of 880 feet; thence South 35 39' 44" West, a dist~ce of 400 feet to the POINT OF BEGI~."N'ING JAN 1 1997 .,. ,,2/ I, ~{~'O ~%D~ being duly sworn, depose and say that I am the owner of the property-described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I Understand this application must be completed and accurate before a hearing can be advertised. I further permit ' (AGENT'S NAME) to act as my representative in any-matters regarding this petition. State of Florida County of Collier f / gl'G-NATURE OF ~)WNER The foregoi~ng Agreement Sheet was acknowledged before this //~/~ day of ~~ , 199 i_' by k~.,.k /,' '-- me personally known ~o me e- -.~- =__-'r~ ~ J,.~-,.,- ~u~-~_ , who .............. pr~ ( lgnature of Notary Public) Co~ission t My Co~issio~ Expires: -1- AG£ND& .lAN li 1997 SIGNATURE OF AGENT State of Florida County of Collier The foregoing Agreement Sheet was {cknowledge,d before me this //~7:~ day of_.~_u~~ , 199~ by ~Tt~-~:~-~ , who is personally knownfto me o~-~~q~~~ ~ ~s (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: -2- ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, TI{E COLLIER COUNTY LAND D~/ELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ARF. A OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL SOUTH (U.S. 41) 1/4 MILE EAST OF ISLE OF CAPRI ROAD (S.R. 951), IN SECTION'3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER CO~TY, FLORIDA, FROM "A" TO "C-B" FOR A BUILDING SUPPLY STORE; PROVIDING FOR STAFF AND PLANNING COMZdISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, American Engineering Consultants, Inc., representing Marlo Curialo, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CO5~T¥ CO.-~24ISSIONERS OF COLLIER CO~;T¥, FLORIDA: SECTION ONE; The zoning classification of the real property as more particularly described by E;chibit "A", attached hereto and incorporated by reference herein, and located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" to "C-5" and the Official Zoning Atlas Map Number 1603N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real ~roperty is the same for which the rezone is hereby approved subject tO the following conditions: A precast masonry decorative fence six (6) feet high shall be constructed along the property line contiguous to the Woodfield Lakes PUD. No buildings or building material storage may occur within sixty (60) feet of the contiguous lot line within Woodfield Lakes PUD. -1- AGEND& JAN 1 ~ 1997 .,. No building or structure shall exceed a height of thirty-five (35) feet. Arterial level street lighting shall be installed at the project entrance on U.S. 41 as part of the development of the first phase. The site plan shall be consistent with the requirements of Ordinance 93-64 with respect to turn lanee, minimum throat distances and internal traffic circulation. Substantial competent evidence of the project's ability to accept, detain and treat historic surface runoff from the roadway shall be presented at the ~ime of an application for a Site Development Plan. Any approval for this project shall not vest any right to a median opening, now or in the future, along any project roadway frontage. Access may be ~onstrained to a right-in/right-out only. Subsequent approval of a Site Development Plan shall provide for cross or shared access with properties to the west of this property so that shared access is achieved, leading to the Tamiami Trail. S£CTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DL%Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO~'LMISSIONERS COLLIER COUNTY, FLORIDA BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY R-96-14 REZONE ORDINANCE/18446 -2- AG£N D~KJ{~ ,JAN 14 1997 .-"-~n,,..._, Tr-:. '--: '-'- "'-- -'-'..'£q .-":':";"=,, 3: SEC'.ON 3, RUN "'t~.,.. S-"CT::,N .cn~'T:'", ,"L'-":'" ,'.'-=.', .-' ' ~ '--'.;;':E Om ~'2.c.,7 ~'£ET: T.~E.','C-.' ,,..,"'"'~-~... B.g'!8':'_-' .'. -' _: T. .-' .' $.',:',:E 2,-- 722.35 :'E-:" 1'0 T~E INT-'~S-'_CT, C'.,: OF' T.-i:E ',','E.=- : .'.---:---,'..-.~' ...... ~-" r,.-' ,. CC.'"'" D--'.~!';'"'.,,.,:. C:~;-'L ','.'-H T~E :~O;,.'-: -' :----:---.'.: ' L'.E :: ~'-'TE .=.".-'.~ ,'D2 (T'-.,,,t.-'.t.' -=,, ..... THENCE v,'.?.--. S;. :. T.---' _ : .q---° :-'...'-' ,. ....[ '.':..:T? ~.-"2'.':r.," ','.'EST, A :'ST/-.',,'CE 0:' :?,~7.51 -'£:'t TC. '--- -~_:_ : ~t ',,-,.-:: =_.:':., · .,,,]:, · ' THENC,:'_ '" T-:--_ TR-:_ :. ,:.--'T-'---V,:-' .'..--_ ".'S:.T~ 5-"2C':6" ',',ESt', /-. D,STA,NC-- 0~' 8.53 ...... '" _ . ~'A'C"~ CF 4000 FEE]': T~,ENCE :'EET; T-'-',:E :,'::,'- .::,..'..---' E'C,T $ .... -..,~ '-. 5-"2D':~" E-'.CT. ' "~TA',,'- OF 850 :'EET; THENCE SOUT~ 55'5~'44' ~",~ST, A ~.STA?<C-'_ OF z.g~.,.0 F':.ET TO THE POI',;T 0"" B'_"C.'k~NH':~' EXECUTIVE SUMMARY PETITION NO. PUD-96-5, BILL HOOVER OF HOOVER PLANNING SHOPPE AND MICHAEL J. LAN'DY OF BUTLER ENGINEERING, INC., REPRESENTING LEONARD AND WANDA RAICHERT, DARRYL J. AND CARMEL J. DAMICO, LEONARD L. AND LISA C. S~hqRDA, JAN'ICE SWEENEY, COTTONGIM REALTY AND DEVELOPMENT CO. AND SID A. SICff3MORE, REQUESTING A REZONING OF CERTAIN DEFINED PROPERTY AS HEREIN DESCRIBED FROM "RM~-12" TO "PUD" (JACARANDA CENTER) FOR A PROFESSIONAL OFFICE AND COMMERCIAL COMPLEX FOR PROPERTY LOCATED ON THE NORTH SIDE OF GOLDEN GATE PARKWAY, AT THE NORTHEAST INTERSECTION OF GOLDEN GATE PARKWAY AND 55~ STREET S.W. IN GOLDEN GATE CITY, LOTS 28-31, BLOCK 219, GOLDEN GATE UNIT 6, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF 1.5_+ ACRES. (COMPANION TO PETITION V-96-7) OBJECTIVE: This petition seeks to have certain property as herein defined rezoned from RMF-12 to PUD. CONSIDERATIONS: The petitioner proposes to rezone the subject property to PUD in order to establish a professional office complex and Iow intensity commercial district. The property is located within the Golden Gate Parkway Professional Office Commercial District as designated by the Golden Gate Master Plan. The petitioner's master plan encompasses 1.5 acres along Golden Gate Parkway and 55* Street S.W. The master plan incorporates architecturally designed fi'ont and rear pedestrian pockets, lighting, sidewalks, landscaping, buffers, access easements and shared parking. The master plan limits ingress/egress access onto Golden Gate Parkway at Lot 28. The project provides for a deceleration lane at this location and a vehicular interconnect to the east. A duplex dwelling unit exist on Lot 28 and gill be modified to conform with the site design standards and architectural guidelines setforth in the Golden Gate Parkway Professional Office Commercial District. The development standards to be applied to the types &land uses permitted by the PUD Document are consistent with those development standards outlined in the' Golden Gate Parkway Professional Office Commercial District. Interior landscaping, off-street parking, and other applicable development standards comply with the requirements of the Collier County Land Development Code (I, DC). The subject PUD Document is identical in content and architectural style with the Parkway Center PUD, Parkway Place PUD, Parkway Promenade PUD and Founders Plaza PUD located along the north and south sides of Golden Gate Parkway. It is the opinion of staff that the proposed project has the components to serve as a bona-fide entryway into Golden Gate City, and to provide a community focal point and sense of place. All rezoning actions require a findings on the part of the Collier County Planning ~ based on the provisions of Section 2.7.2.5. A preponderance ofthe rezone findings ......... suppc~.a~5o JAN 14t 1397 rezone the subject lands to the PUD zoning district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staffrepon which is approved by the CCPC. A summary of the major Pro/Cons from the Rezone Finding report is as follows: PRO The GN{P earmarks this area for Existing residents often perceive intensification professional office and Iow intensity from a residential use to a commercial use as a commercial uses. contributing factor to noise, pollution, crime, reduction in property values and increasing The project is designed in a manner that traffic. is compatible with the surrounding commercial projects ('Parkway Center PUD, Parkway Place PUD, Founders Plaza PUD and Parkway Promenade PUD). Development standards are consistent with those standards outlined in the Golden Gate Professional Office Commercial District. An architecturally designed fence and landscape buffer is proposed adjacent to the project's northern property line, thereby increasing the neighborhoods privacy and security. The subject site has been historically cleared and filled. Environmental impacts are minimal. The Collier County Planning Commission reviewed this petition on December 5, 1996 at their public hearing and unanimously voted (7 to 0) to recommend approval of this petition. During the motion, the CCPC recommended a 3 year deferral fi.om providing a tile roof'on the existing duplex located on Lot 28. This motion was based on a similar CCPC recommendation for companion petition number V- 96-7 to defer connection to public water facilities for 3 years on Lot 28. No one spoke in favor ofor in opposition to the proposed petition. AGENDA IT~E M ,,, JAN 1 4 1997 FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban Designated Area and in the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Master Plan. The provisions of this district are intended to provide Golden Gate City with a viable Professional Office Commercial District, to ser,'e as a bona-fide entry way into Golden Gate City, and to provide a community focal point and sense of place. The uses permitted within this commercial district are generally low intensity commercial and office type uses which will minimize vehicular traffic and control ingress and egress. The district's development regulations ensure suitable landscaping and buffering, compatibility with abutting residential districts, and architectural control. The petitioner's project incorporates all of the design criteria into the proposed PUD, which for all intent and purposes proposes a development plan for a professional office complex with Iow intensity commercial land uses. The PUD Master Plan limits ingress/egress access onto Golden Gate Parkway at Lot 28. The plan provides for a deceleration lane at this location and a vehicular interconnect to the east. The PUD Master Plan also incorporates architecturally designed front and rear pedestrian pockets, lighting, sidewalks, landscaping, buffers, access easements and shared parking. Public utilities, including water and sewer are available to the site. The petitioner has submitted a companion petition (V-96-7) reducing the required front yard setback from 40 feet to 31 feet on Lot 28, and deferring the requirement to hookup to existing central water facilities for 3 years on Lot 28. The petitioner also requested, a 3 year deferral fi.om providing a tile roof on the existing duplex through the subject rezone petition. A review by appropriate staff has indicated that this petition has been designed to account for the necessary relationships dictated by the Golden Gate Parkway Professional Office Commercial District and the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP. Therefore, with the companion variance petition V-96-7, this petition has been deemed to be consistent with the GM]:'. 3 AGENDA. IT. EM · JAN 1 & 1997 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area oF historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no I-lJstodcal]Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners recommend approval of Petition PUD-96..5, a petition to rezone certain property fi.om "RMF-I 2" to "PUD" pursuant to the Ordinance of Adoption and Exhibit "A", .}'acaranda Center PUD Document and Master Plan. PREPARED BY DATE REVIEWED BY: R~HE~E, AICP CURI~....NT PLANNING MA~ER-- DONALD)a/. ARNOLD, AICP~,.~ PI.,fi~N~G SERVICES DF_,,P'ARTMENT DIRECTOR VLNCEN~'T A. CAUTERO~ ADM'II~STRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. J? DATE DATE DATE PUD-96-$ EX SUMMARY/md AG£~DA NO. ~ JAN ! 4 1997 AGENDA ITEM 7-K MEMORANDUM TO: COLLIER COUNTY PLAN,~ING COMMISSION FROM: COM~"NITY DEVELOPMENT SERVICES DIVISION DATE: NOVENtBER 4, ] 996 PETITION NO: PUD-96-5, JACARANDA CENTER OWNER/AGENT: Agent' Mr Bill Hoover, A1CP Hoover Planning Shoppe 2223 Trade Center Way Naples, Florida 34109 Mr Michael J Landy, P.E. Butler Engineering, Inc 2223 Trade Center Way Naples. Florida 3-1109 Owner Lot 25: Leonard and Wanda Raichen 5349 Golden Gate Parkway, Suite B Naples, Florida 34116 Lot 29 Darryl J and Carmel J. Damlco 2121 C.R 951, Suite 103 Naples, Florida 34116 Lot 29 Leonard L and Lisa C Swirda and Janice S,,,, eeney P. O. Box 8532 Naples, Florida 34101 Lot 30 Cottongim Realty and Development Co. Virgil L. Cottongim, President 2301 CR. 951 Naples, Florida 3,.I 116 Lot 3 1 Sid A Skidmore 4226 Ellington Avenue Western Springs, Illinois 60558 AOENDA ITEM No. JAN 14 1997 R E__~.~ ESTE D ACTION: The petitioner is requesting a rezone from RMF-12 to PUD to be known as the Jacaranda Center PUD. GEOGRAPHIC LOCATION: The proposed project is located within the Golden Gate Parkway Professional Office Commercial District, on the north side of Golden Gate Parkway, at the northeast intersection of Golden Gate Parkway and 55'h Street S. W., in Golden Gate City, Lots-28-3 i, Block 219, Golden Gate Unit 6. in Section 28, Township 49 South, Range 26 East, consisting of 1.5 acres. (See illustration on the following page). .pURPOSE~I)ESCRIPTION OF PROJECT: The petitioner proposes to rezone the subject property to PUD in order to establish a professional office complex with Iow intensity commercial uses The property is located within the Golden Gate Parkway Professional O~ce Commercial District as designated by the Golden Gate Master Plan. The petitioner's master plan reveals an office park setting for the project, which incorporates front and rear pedestrian pockets, sidewalks, landscaping, perimeter butters, Iow-level architecturally designed lighting, access easements and vehicular intet,:onnects The subject 1.5 acre site provides a 24 foot cross access easement to the east for future interconnection, and the petitioner has vacated the alley easement along the rear property line (Resolution 95-639) eliminating vehicular trips contiguous to the adjacent residential neighborhood. The project provides for all public facilities including public water and sewer availability. There is an existing duplex dwelling unit on Lot 28 v,'hich will be modified to conform with the site design standards and architectural guidelines setfonh in the Golden Gate Parkway Professional Office Commercial District. _SURROUNDING LAND USE AND ZONING~ Existing: The subject property is zoned RNQ:-12 and with the exception of a duplex dwelling unit existing on Lot 28, the remainder of the subject site is undeveloped and absent of vegetation. AGENDA LT£M,% No. JAN 14 1997 .! ! 1~. ! ! ! ! 1997 e'll g ~OOF~I~ Pl,~3I'~g ~70PPg Surrounding North - Property to the north is zoned RMF-6 A majority of the property is developed with single-family and duplex dwelling units. East To the east the property is zoned IL'vii:. 12, undeveloped and is located in the Golden Gate Parkway Professional Office Commercial District. South. Golden Gate Parkway (CR-886) fight-of'- way fronts the subject property, Across CR-$86 the property is zoned PUD (Parkway Center and Parkway Place) for professional office and commercial use, The subject property is undeveloped. West. $5"' Street S.W. fight-of, way fronts the subject property Across the street is the Santa Barbara Square commercial shopping plaza, presently zoned C-4 and developed. GROWTH MANAGE.M ENT PLAN CONSISTENCY:_ Staffhas reviev,'ed this request for consmency with the Golden Gate Master Plan Element of the Collier Count>' Grox~th Management Plan (GMP) and provides the following analysis: The subject property is located within the Urban Designated Area and in the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Master Plan. The prohsions of this district are intended to provide Golden Gate City with a viable Professional Office Commercial District, to serve as a bona-fide entry way into Golden Gate City, and to provide a community focal point and sense of place. The uses permitted within this commercial district are generally low intensity commercial and office type uses which will minimize vehicular traffic and control ingress and egress The district's development regulations ensure suitable landscaping and buffering, compatibility with abutting residential districts, and architectural control. The petitioner's project incorporates all ofthe design criteria into the proposed PUD, which for all intent and purposes proposes a development plan for a professional office complex with Iow intensity commercial land uses The PUD Master Plan limits ingress/egress access onto Golden Gate Parkway at Lot 28 The plan provides for a deceleration lane at this location and a vehicular interconnect to the east AGENDA ITEM, JAN 1 4 1997 The PUD Master Plan also incorporates architecturally designed front and rear pedestrian pockets, lighting, sidewalks, landscaping, buffers, access easements and shared parking Public utilities, including water and sewer are available to the site However, the subject i.5 acre site does not meet the minimum two acre project site requirement. It is bounded on the west and south by right-of-ways and on the east by undeveloped R.M~-12 property. Property to the north is located outside the Golden Gate Professional Commercial Office District. According to Mr. Hoover, the owners of the R~-12 property to the east have no desire or interest in participating in this rezoning request. Based upon this information, staff considers the subject property an "isolated lot" which ,makes it eligible to request a .5 acre variance from the 20 acre requirement of the Golden Gate Parkway Professional Office Commercial District. The petitioner has submitted a companion petition (V-96-7) regarding the minimum project size requirement; reducing the required fi'ont yard setback from 40 feet to 31 feet on Lot 28; and deferring the requirement to hookup to existing central water facilities for 3 years. A review by appropriate staff has indicated that this petition has been designed to account for the necessary relationships dictated by the Golden Gate Parkway Professional Office Commercial District and the GktP Where appropriate, stipulations I'mve been generated to ensure consistency with the GMP Therefore. with the companion variance petition V-96-7. this petition has been deemed to be consistent with the GMP Traffic Circulation Elemen~ - Staff has revie~ed the Traffic Impact Statement (TIS) for this project and has made the following determination: The site generated traffic is approximately 320 ADT. Staffs analysis indicates that the site generated traffic will not exceed the Significance Test Volume (5 percent of the Level of Service "C" design capacity) on CR-886. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard for this road segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5. I and 5.2 ofthe TCE The Traffic Circulation Element lists CR-$86 as a 4 lane arterial road fronting the project. The current traffic count for this segment is 13,741 and is operating at LOS "A". In addition, the 5 Year Work Program indicates that Santa Barbara Boulevard will be improved to 6-lanes from CR-886 to Radio Road which will ensure that the level'of service will remain at an acceptable level. This road improvement is not necessary to meet the County's concurrency requirement. Therefore, this petition complies with Policy !.4 of the Traffic Circulation Element for arterial and collector roads. Olher AR~lical~le Element (I~) - The Conservation and Coastal Management Element in this application rests primarily with preservation requirements These may be achieved by plan design, mitigation and conditions of approval made at the time of subsequent development approvals. Environmental staff have advised approval, based on the master plan, and conditions of approval which are included in the development commitments section of the PUD Docume AGENDA I?EM~ JAN 1 J, 1997 The property will be served by Florida Cities Utilities water and sewer system currently within the CR-886 right-of-way. These utilities will be extended throughout the subject property. Florida Cities Utilities indicates that there is no current capacity deficiency in these utilities. The design from water management (i.e., drainage) is consistent with the goals, objectives and policies of the Drainage/Water Management Sub-Element. The Recreation and Open Space Element is consistent by virtue ora commitment to set aside 30% of the land area as common open space. The site is presently void of vegetation, therefore the PLrD Master Plan does not illustrate native vegetation reter~tion on-site. HISTORIC/ARCHAEOLOGICAL I,%1 PACT: Staffs analysis indicates that the petitioner's proper~y is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessrnem is required EVALUATION FOR ENVIRON31ENTAL, INFRASTRUCTURE: TRANSPORTATION AND The subject petition has been reviewed by the appropriate staffresponsible 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 Department staff. The subject site was historically cleared and filled and is currently void of vegetation. Therefore, with the absence of environmental concerns and a duplex dwelling unit existing on Lot 28, this petition was not scheduled before the EAB. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, by they positive or negative, culminating in a staff recommendation based on thai comprehensive overview. This list criteria are specifically noted in Sections 2.7.2.$ and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff These evaluations are completed as separate documents and are attached to the statTrepon AGENDA LTl[ M~ .o. JAN 1 1997 PI. ~ The determinants providing supportive action to rezone land include tile relationship of the rezoning classification to that proposed b), the community's Future Land Use Plan. compatibility with adjacent land uses, adequacy of lhe transportation system, and other infrastructure. In reviewing these determinants, staff' makes the following finding' The subject property is presently comprised of four (4) lots consisting of ! $ acres The site is primarily undeveloped, except ~) duple.,; dwelling unit exists on Lot 28 The subject petition proposes a professional office and Iow intensity commercial center on-site The PUD Master Plan (refer to Exhibit "A") illustrates tile extent of landscaped buffers, sidewalks, water management, parking, ingress/egress and building footprint areas The plan also incorporates a cross access easement throu,..,hout ~he site for controlled ~,ehicular circulation and pedestrian access A vehicular interconnect is also provided along the s~te's eastern property boundary. Public facilities including water and sev, er is a,.ailable to the site The developmen: standards to be applied to the types of land uses permitted by the PU'D Document are consistent with those development s~,~ndards outlined in the Golden Gate Parkway Professional Office Commercial District. Signage. open space, ingress/egress, off-street parking, and o:her applicable development standards comply ~ ith the requiremen:s of the Collier County Land Development Code (LDC) Landscaping and buffering requirements are generally consistent, however, landscaping within the project's perimeter buffer, pedestrian pockets and landscape islands is increased, '~,.hile landscape buff'ers betv, een interior pla:ted lots is decreased Adequacy ofTranspgnation $,,'$tem - Tile Traffic Impact Re,,iev. indicates that the site generated traffic does not exceed the Significance Test Volume ($ percent of the Le~.'el of Sets'ice "C" design capacity) on Golden Gate Parkway. In addition, the site ~enerated trips will not lower the level of service below the adopted LOS "D" standard for any road segment within the project's radius of development influence (RDI) Therelbre. this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element. Other Infrastructure - All related public utililies have been deemed adequate to serve this project Site related infrastructure will be addressed at tile time of subsequent development order applications, nevertheless, these improvements shall be ct~nsistent with Division 3.2 of the Land Development Code. The proposed PUD is compatible with the surrounding area because the project has been master planned; provides for consistent landscaping and buffering throughout, controlled traffic circulation and in.ess/egress patterns exists, and architectural design guidelines are provided It is the opinion of staff that the proposed project has the components to serve as a bona-fide ent~"way into Golden Gate Chy and to provide a community focal point and sense ofplace. AGEND& ITEM · No. ~ JAN 1 1 197 _. STAFF RECOMMENDATION: It is recommended that the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-96-$, a petition to rezone certain properly from "RMF'-12" to "PUD", pursuant to the Ordinance of Adoption and Exhibit "A", Jacaranda Center PUD Document and Master Plan. PILE:PARED BY: BRYAN ~ILK PR.I'NCIP~L PL ~N'NER REVIEWED BY: g~~. A~CP CUVaU NT P AN NG, DON~W. ARNOLD, AICP PL~rG SERVICES D~ARTMENT DIRECTOR ~CENT A. CAUTERO, ADMINISTRATOR COMITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number PUD-96-5 Staff Report for December 5. 1996 CCPC meeting NOTE: This Petition has been advertised fbr the Januar3, 7. 1997 BCC meeting COLLIER COUNTY PLA~N~ C~MMISSION: CHAIRMAN PUD-96-5 STAFF REPORT/pal AGEN_D~ ITEM. JAN 1 4 ;997 REZONE FINDINGS PETITION PUD-96.5 Section 2.7.2.5. of the Collier County Land Developmeni Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable. . Whether the proposed change ss'ill be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth .~lanagement Plan. _Pro/Con: Evaluation not applicable. .Summa~. Findings: The subiect proper~y is located within the Urban Designated Area and is also designated as Golden Gale Park~.ay Professional Office Commercial District of the Golden Gate Area Master Plan The purpose of this district is intended to pro~.'ide Golden Gate City with a viable Professional Office Commercial Distn~. to serve ~ a bona-fide entry ,,,,'ay into Golden Gate City and to provide a community focal poim sense of' place. The uses permitted within this district are generally los,, mter,.s~,'7.' o,~, ce development which will minimize vehicular traffic, provide suitable land.s~.,~,~g, comrol ingress and egress, and ensure compatibility with abutting residential dis:nc-ts A review by appropriate staff has indicated that this petition has been desi_~"~ed account for the necessary relationships dictated bv the G~fl:' Whe're a~-",pro~e. stipulations have been generated to ensure consistency v,.i:h the G.~t::P ~ the permitting process. Therefore. this petition has been deemed to be consis~errt GN~P. The existing land use pattern; _Pro/Con: Evaluation not applicable Existing: Lots 28, 29. 30. and 31 are zoned RMF-]2. With the exception of a duplex dwelling unit existing on Lot 28, the remainder of the subject site is undeveloped and absent of vegetation Surrounding' North - Property to [l~e north is zoned RMF.6 A majority of the property is developed with sin~le-famil) and duplex dwelli~ , uni~ · GEND~ I~M ~ JAN [ 4 1997 East . To the east the property is zoned RMF-12. undeveloped and is located in the Golden Gate Parkway Professional Office Commercial District. South-Golden Gate Parkway (CR-886) right-of-way fronts the subject property. Across CR-886 the property is zoned PUD (Taricway Center and Parkway Place) for professional o~ce and commercial use. The subject property is undeveloped. West . 55'h Street S W. right-of-way fronts the subject property. Across the street is the Santa Barbara Square corr',nercial shopping plaza, presently zoned C-4 and developed. The possible creation of nn isolated district unrelated to adjacent and nearby districts; .Pro/Con: Evaluation not applicable Summa~ Findings: The parcel is located within the Golden Gate Parkway Professional Office Commercial District and it ~ill not result in an isolated district unrelated to adjacent and nearby districts because the surrounding area is developing with related land uses, including commercial and office development. Therefore, since this rezoning action is anticipated by the GMP, an isolated d~strict has not been created. Whether existing district boundaries nrc illogically drawn in relation to existing 'conditions on the property proposed for change. .Pro/Con: Evaluation not applicable. Summary Findings.'_ The district boundaries are logically drawn, and they are consistent with the GN~ and the Golden Gate Parkway Professional Oflqce Commercial District. Golden Gate Parkway parallels the project's southern boundary and provides the only means of ingress/egress to the site. 55'h Street S. W. parallels the project's western boundary, however access is prohibited. Property to the north is zoned ILMY'-6 and is primarily developed with single-family and duplex units. Property to the east is undeveloped and held by private ownership unwilling to participate in this rezone request. Property to the east is also located within the Golden Gate Parkway Professional Office Commercial District. Property south of Golden Gate Parkway is zoned PUD for commerciaL/office use. Whether changed or changing conditions make the passage of /he proposed amendment necessnn.'. Pro/Con: Evaluation not applicable AGEND& LTEM. ,lAN ! A 1997 Summary Findi.gs: The proposed zoning change is appropriate based on the existing conditions ofthe property and because its relationship to the Golden Gate Master Plan is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood; pro; (i) The County's Land Use Policy as reflected by the FLUE supports an action to concentrate almost all new commercial development in locations where traffic impacts and public infrastructure can readily be accommodated. (ii) Professional office developmem combined with low intensity commercial uses is perceived as a positive and compatible land use. Con: (i) Existing residents often perceive intensification from a residential use to a commercial use as a contributing tractor to increasing noise, pollution. crime, reducing prop,ny values and increasing traffic. Sumrnnrv Findings: The proposed change ~ill not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of' adverse impact on adjacent and nearby developments. Furthermore. the proposed project is in compliance with the GMP and is compatible with surrounding developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed increase in site generated trips on the arterial roadway system will not adversely af'rect tile Level of' Service (LOS) and will not lower the LOS below the adopted LOS "D" standard for any road segment within the project's radius otrdevelopmem influence (RDI). ,Con: (ii Increased traffic is typically unwelcomed by existing residents. (ii) In the short run construction traffic is necessary for commercial development, and this may be irritating to local residents. AGENDA IT, EM .~ Nil. ~ JAN :14 1997 PI. /~ Summary Find~nqs: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Circulation £1ement of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. The Traffic Impact Review indicates that the site generated traffic does not exceed the Significance Test Volume (5 percent of the Level of Service "C" design capacity) on Golden Gate Parkway or Santa Barbara Boulevard. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard for any road segment within the project's radius of development influence (RDI). Whether the proposed change will create a drainage problem; .Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development should have some beneficial affect on drainage conditions for nearby properties, resulting from run-off from the subject property. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe raintill event Summar-,' Fi,dings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships, and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System Mitigation measures have been incorporated into the PUD Document to ensure that the drainage impacts associated with this project will meet the County standards. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable standards and others apply generally and equally to all zoning districts (i e requirement, landscaping requirements, etc) v, ere designed to ensure penetration and circulation of air does not adversely affect adjacent areas. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zonin,g district in which it is located. These development open space that light AGENDa. UEI~ No. ~ JAN 1 1997 10. 11. 12. Whether the proposed change will adversely affect properly values in the adjacent area: Urban intensification typically increases the value of adjacent vacant or undeveloped land. Development slandards often do not reflect the quality of the project when it actually develops. More often than not developers have structured s~andards below the actual market response in order to be on the sate side Con: (i) There is no way to quarantee that this project will be marketed in a manner comparable to Santa Barbara Square as an example. However, should the project market products of lesser value than the surrounding development, it could have an adverse economic effect ~;ummarv Findings: This is a somewhat subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning However, zoning by hselfmay or ma), not affect values, since value determination by law is driven by market value. The mere fact that a property is ~iven a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance ~ ith existing regulations; pro/Con: Evaluation not applicable Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application, combined with the adminis~ratlve site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Furthermore, the subject site is designated as Golden Gate Parkway Professional Office Commercial District. Property to the north is zoned RMI:-6 and is developed with duplexes and single-family residences Golden Gate Parkway parallels the site's southern boundary and property located to thc east and west with the exception ofthe day care center is undeveloped and is also located in the Golden Gate Parkway Professional Office Commercial District. Pro/Con: Evaluation not applicable. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public ~'elfare: AGEND6 IT,,E~ ,~ 5 JAN 14:1997 13. 14. 1.5. Summary Findin£s: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the GIvFP is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with exlstis~g zoning; ~ro/Con: Evaluation not applicable. Summary Findin£s: The subject property can continue to be utilized and developed in accordance with the existing zoning Ho~,,ever, to do so would deny this petitioner the opportunity to maximize the development potential of the site as made possible by its consistency relationship with tile GMP 'Whether the change suggested is out of sc,qle with tile needs of the neighborhood or the County: Pro: (i) The project is designed in a manner that is compatible with the surrounding commercial property (Parkway Center PUD, Parkway Place PUD and Santa Barbara Square) in size and scale. .Con: (i) Tile proposed PUD would authorize commercial land uses rather than muhi-f'amily land uses Existing neighbors may feel that the proposed change is out of scale with the neighborhood Summsrv F'indini:s: Since the proposed zone change will not generate vehicular trips ~hat will lower the LOS below adopted s~andards, ~he project will not adversely impac~ the neighborhood The proposed development also complies with the FLUE to the Ghd~P, and the intensity of' land use is deemed acceptable for this site. Furthermore, a viable professional office commercial district has been determined to be a legitimate need of Golden Gate City and is not out of scale with the needs or,he County. Whether is it impossible to I'ind other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable Summar'v Findings: There are other undeveloped sites within the Golden Gate Parkway O~ce Commercial District in Golden Gate City However, a majority of the property is owned by several differen~ owners, d~us making i~ laborious ~o aggregate enough land for a rezoning action in this district " AGENDfi IZEM~ JAN 14 1997 Furthermore, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinanls of zoning are consistency with all elements of the GIVI~, compatibility, adequacy of infrastructure, and, to some extent the timing of the action. 16. The physical characterislics or the propert3' and the degree or site alteration which would be required to make the property usable for any of'the range of'potential uses under the proposed zoning classification. .Pro: (i) The subject property has been historically cleared and filled. Presently, there is no vegetation or wetlands on-site, therefore environmental impacts will be minimal Con: (i) Development of the site ~ould create a need for additional fill and site alteration for infrastructure improvements Summary' Findings: The PUD Document approved as a part of' this rezoning action makes provisions for site alteration actMties The PUD Document and the PUD Master Plan regulate the manner of development and provisions for required infrastructure 17. The impact of development on the avnilabilit) of adequate public facilities and ser~'ices consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable Summary Findinl!s: A multi-disciplined team responsible for jurisdictional elements of the G,~P have reviewed this petition and have found it consistent with the GMS, and where consistency relationships are brought by development conditions or commitments. that these have been promulgated and made conditions precedent to approval In any event, this petition shall be subject to adequate public facilities at the earliest, or next to occur, of either Final SDP approval, Final Plat approval, or building permit issuance applicable to this development All related public utilities have been deemed adequate to serve this project. The site generated trips will not lower the level of service below the adopted LOS "D" s~andard for any road segment within the project's radius of development influence (R. DI). NOTE: ~MP as used herein means the Collier County Growth Management Plan. FLL,rE means the Future Land Use Element of'the GMP FINDINGS PUD.96..~Ipd AGENDA ITEM ,,, No. e) (,s_] JAN 4: FINDINGS FOR PUD PUD-96-5 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. pro: (i) The subject site has been earmarked for professional office and low intensity commercial land uses. The Golden Gate Parkway Professional Office Commercial District is depicted on the FLUE to the GMP, providing for mixed office and commercial development. (ii) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (iii) The subject property has one ingress/egress point on Golden Gate Parkway, which is controlled with a right decell lane and median cut. con: (i) Existing residents often perceive intensification in their neighborhood as contributing factors to inconveniencing movements to and from their place of residence, increasing noise and pollution, and reducing property values. ~ummary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. JAN 1 A 1997 P,. 2® 3e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/con; Evaluation not applicable. ~ummar¥ Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. ~ummar¥ Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is located within the Urban Designated Area and in the Golden Gate Parkway Professional office Commercial District of the Golden Gate Master Plan. The provisions of this district are intended to provide Golden Gate City with a viable Professional Office Commercial District, to serve as a bona-fide entry way into Golden Gate City, and to provide a community focal point and sense of place. The uses permitted within this commercial district are generally low intensity commercial and office type uses which will minimize vehicular traffic and control ingress and egress. The district,s development regulations ensure suitable landscaping and buffering, compatibility with abutting residential districts, and architectural control. The petitioner,s project incorporates all of the design criteria into the proposed PUD, which for all intent and purposes proposes a development plan for a professional office complex with low intensity commercial land uses. The PUD Master Plan restricts ingress/egress access onto Golden Gate Parkway at Lot 28. AGENDA No. ~ JAN 1 A 1997 The PUD Master Plan also incorporates architecturally designed front and rear pedestrian pockets, lighting, sidewalks, landscaping, buffers, access easements and shared parking. Public utilities, including water and sewer are available to the site. ' Based upon the information submitted by the applicant, staff considers the subject property an #isolated lot" which makes it eligible to request a variance from the standards of the Golden Gate Parkway Professional Office Commercial District. The Petitioner has submitted a companion variance petition V-96-7 regarding the 2.0 acre minimum project size. Traffic Circulation Element - Staff has reviewed the Traffic Impact Statement (TIS} for this project and has made the following determination: The site generated traffic is approximately 320 APT. Staff,s analysis indicates that the site generated traffic will not exceed the Significance Test Volume (5 percent of the Level of Service "C" design capacity) on CR-886. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard for this road segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the TCE. The Traffic Circulation Element lists CR-886 as a 4 lane arterial road fronting the project. The current traffic count for this segment is 13,741 and is operating at LOS "A" In addition, the 5 Year Work Program indicates that Santa Barbara Boulevard will be improved to 6 lanes from CR- 886 to Radio Road, which will ensure that the level of service will remain at an acceptable level. This road improvement is not necessary to meet the County,s concurrency requirement. Therefore, this Petition complies with Policy 1.4 of the Traffic Circulation Element for arterial and collector roads. Qther APPlicable Elemen~ CS) - The Conservation and Coastal Management Element in this application rests primarily with preservation requirements. These may be achieved by plan design, mitigation and conditions of approval made at the time of subsequent development approvals. Environmental staff have advised approval, based on the Master Plan, and conditions of approval which are included in the development commitments section of the PUD Document. The property will be served by Florida Cities Utilities water and sewer system currently within the CR-886 right-of- way. These utilities will be extended throughout the subject property. Florida Cities Utilities indicates that there is no current capacity deficiency in thes: ut~~, ~ 3 JAN 14 1997 The design for water management (i.e., drainage) is consistent with the goals, objectives and policies of the Drainage/Water Management Subelement. 4e The Recreation and Open Space Element is consistent by virtue of a commitment to set aside 30% of the land area as common open space. The site is presently void of vegetation; therefore, the PUD Master Plan does not illustrate native vegetation retention on-site. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of common architectural styles, architecturally designed front and rear pedestrian pockets, lighting, sidewalks, landscaping, buffers, access easements, shared parking, and vehicular interconnects. The adequacy of usable open space areas in existence and as proposed to serve the development. pro/Con: Evaluation not applicable. Summary F~nding: The amount of open space (30%) set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. pro/Con: Evaluation not applicable. AGENDA ITF~M., JAN 1 4. 1997 Summary Findino: The subject property lies contiguous to Golden Gate Parkway. Access to the property is proposed at Lot 28. The only means of realistically expanding the site would be to acquire the undeveloped property to the east, presently owned by private individuals, which is also abutting Golden Gate Parkway and is located within the designated Golden Gate Parkway Professional Office Commercial District. To the north is a developed residential neighborhood zoned RMF-6 and tO the west is the Santa Barbara Square shopping plaza. As discussed within the staff report, the owners of Droperty to the east were unwilling to participate with this rezone request. Conformity with PUD regulations, or as to desirable modifications cf such regulations in the particular case, based on determination that such modifications are Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary rindinq: The development standards to be applied to the types of land uses authorized by the PUD Document are consistent with those development criteria established in the Golden Gate Parkway Professional Office Commercial District as designated by the Golden Gate Area Master Plan. Interior landscaping, off-street parking, and other applicable development standards shall comply with the requirements of the LDC. FINDINGS FOR PUD-96-5/pd 5 AGEND& ITEM_ No. ~ JAN 1 4 1997 HOOVER PLANNING SHOPPE Land/Site Planning, Rezonlngs, Affordable Houslng, Traffic Impact Studle~ February 14, 1996 Project Planner Bryan Milk Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 33942 RE: Jacaranda Center PUD Narrative Letter Dear Mr. Milk: The subject 1.5 acre project is located at the northeast corner of Golden Gate Parkway 55th Street Southwest in unincorporated Golden Gate City. The project is comprised of 4 platted lots (Lots 28 - 31, Block 219, Golden Gate Unit 6), that are all under different ownership. Lot 28 (the eastern lot) has a 2-unit condominium on it and the 3 remaining lots are vacant. The current zoning is RMF-12 and the project is proposed for PUD Zoning with professional office and light commercial land uses. Since the 4 lots all have different owners, the project is likely to be developed in 4 phases. -- The Golden Gate Area Master Plan designates the project area as being within the Golden Gate Parkway Professional Office Commercial District. Per the Golden Gate Area Master Plan, this District has two purposes: 1) To serve as a bona-fide entry way into Golden Gate City. 2) To provide a community focal point and sense of place. This project shares a similar architectural style with 4 other PUD projects within the Professional Office District. These are comprised of: the approved Parkway Center PUD, the Parkway Place PUD, and the Parkway Promenade PUD; and the soon to be heard by the BCC, the Founder's Plaza PUD (28 lots owned by AVATAR). The central concept within all 5 projects is that the bona-fide entry way, community focal point and sense of place could best be established by constructing high qllality, traditional-styled buildings within a park-like setting. Each PUD has provided for a "Front Pedestrian Pocket" on each platted lot and a "Rear .o. 1~ JAN 1 A 1997 2225 trade Cent~ F/ay, Napt~, FZorida $$94~ Phone SZ~$9~S262 Fax. Xt~~~ Project Planner Bryan Milk February 14, 1996 Page 2 Pedestrian Pocket" on each platted lot with a building. At a minimum, both the "Front Pedestrian Pockets" and the "Rear Pedestrian Pockets" provide for: brick-type sidewalks, 2 park benches, low-lew~l architecturally-designed lighting, 2 canopy trees, and 6 shrubs. The "Front Pedestrian Pockets" are intended to serve pedestrians and employees along Golden Gate Parkway while the "Rear Pedestrian Pockets" are intended to serve primarily on-site employees. All new buildings are guaranteed to have stucco siding, in light pastel colors, with tile roofs. The subject project has provided for these same amenities. Upon the successful rezoning of these 5 projects, which total 44 lots, approximately 80% of the entire Professional Office District will have been rezoned in a similar manner. Upon the successful completion of this PUD Rezoning the Project Attorney, David Rynders, will be preparing legal documentation for: sharing a single access onto Golden Gate Parkway, a cross- access among all 4 lots, and for creating a commercial property owners' association. We have only made minor changes to the approved versions of the other PUDs within this District to accommodate the uniqueness of the structure on Lot 28. This should streamline the Jaca. r. anda - Center PUD through the review process. During the review of this project, if County staff has any suggestions for improvement or questions regarding such project please feel welcome to contact me. Sincerely, HOOVER PLANNING SHOPPE Bill Hoover, AICP File #117-A20 AGEND& ITEMx No. ~ JAN 1 1997 PETITION NO. o COORDINATING PLANNER: ],'"-'1. COLLIER COUNTY · ,: / FEB DATE RECEIVED: APPLICAT NAHE (AGENT) APPLIC~T ADDRESS: ~g PROPERTY O~ER (P~ITIONER) DETAILED LEGAL DESCRIPTIONOF SUBJECT PROPERTY: SIZE OF PROPERTY: '3 '/D FT.X GENERAL LOCATION OF SUBJECT PROPERTY: ADJACENT ZONING AND LAND USE 4% ce, r-./-, ~.~ C,-//,k,- G,.,.,~'.,,. P/~',-,'~,',,. PROPERTY I.D. #: / 3~' FT. ACRES: /. ~, - ZONING LAND USE w <~/¢- ~ EXISTING ZONING: F~F-/2 PROPOSED LARD USE OR RANGE OF USES ,. -1- AGENDA IT D,L, JAN 1 ~ 1997 DOES PROPERTY O~{ER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF INTIRE CONTIGUOUS PROPERTY: ~s ~ PU.~zc .sx~G ~OR ~ REZONE SSS, .Z~ O. ~IS PROP£R~ WIT. ZN ?.£ P~ST ~ ~O~T~S? ~ YES, PL~SE ~S~S ~zzo~z ~PP~Xc~o~ ~o. ,V¢ - Is THZs PRO~ER?Y CU~U~ENTLY V~C~T? , ~ES V/~O. ~ ~HS ~SWS~ ~S NO PL~SE DESCRIBE THE C~ENT ~D USS'~D ALL SX~ST~NG STRU~ZS. SIGNATURE OF PETITIONER OR AGENT DATE * If petitioner is a corporation other than a public corporation, so indcate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a lesee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owners name and address. -2- Ho. ~,,~/..~ / ,JAN 1 ~. 1997 I, ~..~./~ L. ///~w~ .~,~+ being duly sworn, depose and say that I am the owner~%f'the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised..T ...~..~-- ~:rmit State of Florida County of Collier SIGNATURE OF The foregoing Agreement Sheet was acknowledged before me this ~-~ day of ~ru , 1~9_~_ by ~:l.l,~ &. ~co,~-' , who is ~rsonally known to ~ or who has produced ~,l~_ as ~oentification and who did (did.not) take an oath._. . (Signature of Notary Pu~ic)/ NOTARY PUBLIC Commission # My Commission Expires: -1- JAN .1. 4 1997 NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning, Variance Petition, and Related Developmental Permits for Lots 28 - 31, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To Whom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 has been officially engaged by the under-signed property owner to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 33942 to act as Engineer of Record, to request necessary applications during the PUD Rezoning, variance petition, and related developmental processes for the subject project. Sincerely, William H. Davidsen STATE OF FLORIDA COUNTY OF C...' ¢ ! I% The foregoing knowr~ to me or has produced My dommission Expires: lq instrument was acknowledged before me this ,199~by ..'~,,w~¢~, not) take an-0aih. ~ day of who is personally as AGENDA 17EM. JAN 14 1997 Pl. ~ APR- 3-98 ~ED 8:58 FLORIDA CITIES WATER COMPANY GOLDEN GATE REALTY INO FAX NO. 4554899 MEMORANDUM DATE: April 2, 1996 TO; Frank Dcllecave FROM: Oacy King ~ __S~UB'T: Cost Estimate Lot 28,_.B1_ock 219, Golden Gate Frmk, wc have review~ the above referenced lot and location of our faculties. The following is our e.~fimated costs for water and wastewate, r for this site. This estimate does not include piping after the meter and sewer service. Watel'm,ti.n- .,,ee attached drawing of existing system and proposed mains: $' PVC C-900 DR-IS v, atermain 600 LF X $50/LF =$30,000 Jack and Bore, 30 LF X 120 $/LF -,, $3,600 Fire tlydrant and Valve .-each Meter Assembly -each Main Ending Estimated COST - war,ma.in = $1,800 "$ 500 =$ 500 =$36,400 Wastcv,'a:er- this an mlticipated FCwC pump station with connection to force, main in front of the lot. Pump Station Mastem~anholc Forc.emain and Tap on tho main .=$55,000 - $3 000 Estimated COST- wastewater = $60,000 Thc cost otoonstruetion i~ kigh in Golden Oat~ duo to th~ ~hallow rock and groundwater in Ooldcn Gate. JAN 1_ 1997 .~._ APR- 346 gED 8:56 GOLDEN GATE REALTY INC FLORIDA CITIES WATER COMPANY FAX NO, 4654699 P. 01 MEMORANDUM DATE: April 2, 1996 TO: Frank Dollec, ave GaO' King ~ FROM: SU~: Cost Estimate Lot 28, Block 219, Golden Gate Frank, we have reviewed the above raferen¢¢d lot and location of our fioUities. The following is our estimated costs for water and w~tewate, r for this site, This estimate does not include piping after the meter ~.nd sewer service. Waterm:6.n- ~ attached drawing of existing system a~d proposed mains: g' PVC C-900 DR-lB watermain 600 LF X $50/LF =$30,000 hck and Bore, 30 LF X 120 $/LF - $3,600 Fire Hydrant end Valve -each = Meter Assembly -each ,~ $ 500 Mai~ Ending = $ 500 Estimated COST - war.ma.in =$36,400 Wastcwa:er- this an anticipated FCwC pump station with connection to forcemain in fron~ of the lot. Pomp Stab. on =$55,000 Mastem~anholc = $3,000 Forcemain and Tap on tho main = $2,000 Estimated COST - wastewater = $60,000 The cost of construction is; high in Golden Oate~ due to the shallow rock ~d groundwater in Golden Gate. JAN 14 1997 PI- ~ HOOVER PLANNING SHOPPE Rezonings, PUD's, Site Planning, Affordable Hsg., Traffic Impact Studies Conditional Uses, ROW Takings & Variances (in Collier & Lee Counties) December 4, 1996 .ESTIMATE OF COSTS FOR CONVERSION OF DUPLEX ON LOT 28 Three Year Deferral Requested for Items Shown in Bold $15,000. $5,000. $7,000. $9~000. $36,000 D¢~cri0tion of Site and Building Changes Exterior changes including paving, landscaping & pedestrian pockets Interior changes and accessibility for disabled within building County and consultants' fees/costs Lowes! Estimate for Itile ro0fwas from Kine Total for Site and Building Changes *Does not include any costs &beefing up the trusses to support extra weight &tile Cos! $36,400. $17,000 $12,000. $65,400 Description of Infrastructural Improvements Public water extension per letter from Gary King of Florida Cities Public sewer hookup via small grinder station per Mike Landy, PE Right-turn deceleration lane into site. including modif-ving culvers/sidewalk Total for Infrastructural Improvements Less $101,400 $45,400. $56,000. Total estimate &Conversion Costs Amount of Defferred Costs Conversion Costs at this Time With Approval of Defferred Costs 2223 Trade Center Way, Naples, Florida 33942 Phone 941.$94-8262 Fax. 94 AOEN D~./T~ JAN 1 4 1997 HOOVER PLANNING SHOPPE Rezoning$, PUD's, Site Planning, ,4ffordable Hsg., Traffic Impact Studies Condin'onal Uses, ROW Takings & Variances (in Collier & Lee Counties) December 4, 1996 ESTIMATE OF COSTS FOR CONVERSION OF DUPLEX ON LOT ~ Three Year Deferral Requested for Items Shown in Bold Cost $15,000. $5,000. $7,000. $36,000 Descri_otion of Site and Building Change,,, Exterior changes including paving, landscaping & pedestrian pockets Interior changes and accessibility for disabled within budding County and consultants' fees/costs Lowest Estimate fgr tile rgofwa$ from Kin2 Roofing* Total for Site and Building Changes *Does not include any costs ofbeefing up the trusses to support extra weight oftile COst $36,400. $17,000 $12,000 $65,400. Description of Infrastructural lmprQvement~ Public water extension per letter from Gar}' King of Florida Cities Public sewer hookup ,,'ia small grinder station per Mike Landy, PE R~ghtqurn deceleration lane into site. including modi~ng culvers/sidcwalk Total for Infrastructural Improvements Less Si01,400 $45,400 $56,00O Total estimate of Conversion Costs Amount of Defferred CosL,' Conversion Costs at this Time With Approval of Defterred Costs 2223 Trade Center t4'a)., Naples, Florida 33942 Phone 941-$94.8262 JAN 14 ' 997 Fax. 9 41v5~ 6c732 7 NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning, Vadance Petition, and Related Site Developmental Plan Applications/Permits for Lots 28, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To Whom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 34109 has been officially engaged by the under-signed property owners to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 34109 to act as Engineer of Record, to request necessary applications during the PUD Rezoning, variance petition, and related site developmental plan processes for the subject project. The under-signed property owners have purchased the property subsequent the PUD and variance petitions being applied for by the previous property owners of Lot 28 (William H. Davidsen and Robert M. Davidsen) but prior to the approval of these petitions. The under-signed property owners acknowledge that the consultants must balance the interest Leonard and Wanda Raichert have in Lot 28 with the overall interests of all of the property owners of Lots 28 - 31 while representing the applicants during the PUD and variance petitions and related site developmental plan applications and permits. LeOnard Raichert Wanda Raichert STATE OF FL(~RIDA COUNTY OF (~/~ ~'FJ3. Th..e forego, lng instrument was "~ / ~ ~'~..~r~) F~,'~ , 199.~ _personally known to me acknowledged I:~,fore me.~/~/~is day of -. ~o is or has produ~d as ident~tion and ~o did (did not) take an oath. Notary Public, State of Florida My Commission Expires: ~- o~.~cn~? S~.AL I ' -- E~UD~K~ANCK N~ARY P~UC ~A~ O~ ~ORIDA co.~io~. ~o. cc~ AGEN. D& IT, EM, JAN 14 1997 P~. ~ NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning. Variance Petition, and Related Developmental Permits for Lots 28 - 31, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To VVhom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 has been officially engaged by the under-signed property owner to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 33942 to act as Engineer of Record, to request necessary applications during the PUD Rezoning, variance petition, and related developmental processes for the subject project. .Si n Darryl Dam~j~ / Carmel Damico STATE Of FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this C,~ day of .} ,~ ,,:.., .~,~, ~ ,199~.by ~,~ ~,~t J.t~,,,,t,., '~(",~t',CL'~,'~,.,.~vho is per_sp_n_ally known to me or' has produced ' ' ' "-- as identification and who did (did not) take an oath. Notary Publ~, State of Florida ~ ,~,,.~.~ b ~l,c., ,,,,..~ My Commission Expires: ¢7' f 7 AGENDa, ri*EM,. JAN ! 4 1997 NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning, Variance Petition, and Related Developmental Permits for Lots 28 - 31, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To Whom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 has been officially engaged by the under-signed property owner to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 33942 to act as Engineer of Record, to request necessary applications during the PUD Rezoning, variance petition, and related developmental processes for the subject project. Sincere. ly, Lisa C. Swirda Leonard L. Swirda -~nice Sweeney STATE OF FLORIDA COUNTY OF Th.~_e foregoi,,ng,instrument, was acknowledged before me th,is /o¢> day of ,..)~LI I./,~ ,199.~by~/~/} S~;/.g'j~, ZF-.~4,v~, f-.,"/,g,Z'~ who.~'~__sonall¥ _known to m_e or has produced :r*,,,~u/~ ,,/'~F_.~y ~ as identification and who d~'(did not) take an oath. Not.a'"~'pUblic~ ~tate of~lorida - . , [ My Commission ExlSires: AGE.N D,A_ ~£M~ JAN 1 4. 1997 .,. ,3;' NOTARIZED LETI'ER OF AUTHORIZATION RE: PUD Rezoning, Vadance Petition, and Related Developmental Permits for Lots 28 - 31, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To Whom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 has been officially engaged by the under-signed property owner to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 33942 tolact as Engineer of Record, to request necessary applications during the PUD Rezoni~v, ~/~ ion, and related developmental processes for the subject project. Au,,,v,,..~ ~nat~re/ m Realty & Development Company Trust Printed Name/Title STATE OF FLORID.A COUNTY OF Cc, I[~ ~,' The foregoing instrument was acknowledged before me ('-known t6-~"~or has produced, ~ and who d~d~ake an oath. this ~ d~f who isCp_ersonali~ as '"~ f'~'~' State~~o iorida Notary Public, My Commission Expires: AG£~I~IT£ M~ JAN 1 NOTARIZED LETTER OF AUTHORIZATION RE: PUD Rezoning, Variance Petition, and Related Developmental Permits for Lots 28 - 31, Unit 6, Block 219, Golden Gate Subdivison (Un-incorporated Collier County), Florida To Whom It May Concern: Please be advised that the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 has been officially engaged by the under-signed property owner to act as authorized agent and Butler Engineering, Inc., 2223 Trade Center Way, Naples, Florida 33942 to act as Engineer of Record, to request necessary applications during the PUD Rezoning, variance petition, and related developmental processes for the subject project. S~d A. Skidmore (Sign in front of a notary and have notarized below by notary) I1'OFFICIAL SEAL' WILLIAM J. RADZIMAN0WSKI I IIOTAJ~Y I~UBU0 · STATE OF ILLINOIS! u AG£ND&IT£.M~ JAN 14. 1997 1K0~1?$3 l~dm~l TfMI n;;~p,~' ~0~ RIGGLE 61~800F 5~0? FILE E' 96050013 WA~D~ ~ W~ ~ ~ ~ 24 Ch~ or May A.D I~ 2051203 OR: 2188 PG: 1438 ~C ~1 ~-.?1 ll~: '"~" """ "' """" "-- ~" 0"'= '""" ' Z/~L~r, ¢'u LEONARD RAIC%IERT AND WAN"DA RAICHERT. ]flJSBAND AND WIFE whcaepoSofr~e~drc$s,s: 4451 N. Gulf Shore Blvd, 1204, Naples, £L 33940 ~T ~O. 2, N~LES ~OP~: TO~OUS~ Z, A CO~MINI~, ACCORDING ~ ~E D~C~TION OF CON~MINI~ ~EREOF, OF RECO~ IN OFFICI~ RECORD B~K 1069, PAGES 944 ~OUG~ 978, ~ ~Eh~ED, OF THE P~LIC RECOP~S OF COLLIER CO~, FLORIDA, TOGETKER WITH ~N ~DIVIDED S~E IN TME CO~ON ELECTS AP P~ TEN~h'T To ~ ~d to Hold, ~ ~mc m f~ s~p~t a~ain% ~ucnt to DKem~t ) I. Ig ) S. tese~ at.ns, testt~mns aM ~flu of rKo~d, if Jay ~ ~T~~OF, Grimm has hereunto ~/ramo~% ~ aM ~i1 ~ day a~ STATE O~ FLOR l DA COUN~W. COLLI £R 'T lie foref¢ , m~r~mcnt was ~ck.o~fed ~fore n~ ~t~ e~ ~tIL: 1~ ~. DAVIDSEN. A SINGLE May 19 96 t 2061202 OR: 2188 PG: 1437 ~ i1111.11 UC ~1 i.II I1~1: }ICl g- LEONARD RAiCHERT AND WANDA RAiCHERT, H'JSBAND AND WXFE +wl..,s~r.,~,l,,lr,~c,.,d,c,,,,( ,4,151 :,;. C',lf .'-.'',re Di.d. I22,-1. .~dpleS, FL 'VV]~S£TH: Thai ,,.,e,4 Ir,mnh,r. h. ,m~J ,. ,,,,..,.~c,~l#,n ,, .,c ..,n ,,l $),~ '.'d IR)lid{',. J,d ,,Ihvi' .liu, mh~- UNIT ~;0, 1, NAPL£$ £'J~DPEAN TOW~H$;'S£ 2. A CONDOM:N:L,'M. A~CORDTN.~ T.~ THE .~£C2.AR/~T:CN .~.F THEREOF, OF PECORD IN OFF.'C~AL R£&'.~R: BQC? 2269, PA'~E$ 944 THROUGH 97~, AS A?,E::D~D. OF THE P',JBL2S RECORDS OF COL,~TY, FLCR:DA, TO.~ETHE~ W:TH AN '.~,:D:'/:DE,t $.~[AR£ iN THE ELEMENTS A~PURTE,'~A.'~T THERETO '"*' ..... " ............ {l~Oc~ L. STATE OF FLOR: DA ICOIUN'Tg' OF COLLIER LETTER OF UNIFIED CONTROL loint PUD Rezoning of Lots 28 - 31, Block 210, Unit 6, Golden Gate Subdivision, as recorded in Plat Book :5, Page 12;5 of the Public Records of Collier County, Florida, for 'lacaranda Center.' IN CONSIDERATION OF THE ACCEPTANCE of this Joint PUD Rezoning Application by Collier County under its Ordinances and Regulations, Robert M. Davidson, co-owner of Lot #28, hereby agrees to create a commercial property owners association with the other property owners of the subject Lots within 90 days of the successful rezoning to the requested PUD of the subject property. In addition, Robert M. Davidson agrees, upon proceeding with the proposed development, to the following: To follow all regulations and development standards as set forth within the PUD Master Plan and PUD documents; To follow all other stipulations of approval set forth within the PUD document; 3. To follow the Collier County Growth Management Plan; To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any successors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. IN WITNESS WHEREOF, the undersigned has set his hand and seal on the dat.-. indicated. Robert M. Davidson Date AGENDA ITl;)4 JAN 14 1997 LETTER OF UNIFIED CONTROL Joint PUD Rezoning of Lots 28 - 31, Block 219, Unit 6, Golden Gate Subdivision, as recorded in Plat Book 5, Page 125 of the Public Records of Collier County, Florida, for "Jacaranda Center." IN CONSIDERATION OF THE ACCEPTANCE of tltis.loint PUD Rezoning Application by CollierCounty under its Ordinances and Regulations, William H. Davidson, co-owner of Lot #28, hereby agrees to create a commercial property owners association with the other property owners of the abject Lots within 90 days of the ~ccessful rezoning to the requested PUD of the subject property. In addition, William H. Davidson agrees, upon proceeding with the proposed development, to the following: To follow all regulations and development standards as set forth within the PUD Master Plan and PUD documents; o To follow all other stipulations of approval set forth within the PUD document; 3. To follow the Collier County Growth Management Plan; To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any ~uccessors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. IN WITNESS WHEREOF, the undersigned has set his hand and seal on the dat~ indicated. William H. Davidson bate"' £TTtC . OF ¢Oh'T OL Joint PUD Rezoning of Lots 28 - 31, Block 219, Unit 6, Golden Gate Subdivision, as recorded in Plat Book 5, Page 125 of the Public Records of Collier Coun~, Florida, for "Jacaranda Center." IN CONSIDERATION OF THE ACCEPTANCE ofthis ,/oint PUD Rezoning Application by Collier County under its Ordinances and Regulations, Leonard and Wanda P~¢hert, owners of Lot #28, hereby agree to create a commercial property owners ~ssociation with the other property owners of the subject Lots within 90 days of the ~uccessful rezoning to the requested PUD of the subjee~ property. In addition, Leonard and Wanda Raichert agree, upon proceeding with the proposed development, to the following: To follow all regulations and developmem standards as set forth within the PUD Master Plan and PUD documents; To follow all other stipulations of approval set forth within the PUD document; 3. To follow the Collier County Growth Management Plan; To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any successors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. ~~_~_~x..~SS WHEREOF, the undersigned has set their hand and seal on the date indicated. Date Wan~la Raichert ~/ L Date JAN lA 1997 LETTER OF UNIFIED CONTROL Joint PUD Rezoning of Lots 28 - 31, Block 219, Unit 6, Golden Gate Subdivision, as recorded in Plat Book 5, Page 125 of the Public Records of Collier County, Florida, for "Jacaranda Center.' IN CONSIDERATION OF THE ACCEPTANCE of this Joint PUD Rezoning Application by Collier County under its Ordinances and Regulations, Darryl .I. and Carmel J. Damico, 2121 C.R. 951, Suite 103, Naples, Florida 33999, co-owners of Lot #29, hereby agree to create a commercial property owners association with the other property owners of the subject Lots within 90 days of the successful rezoning to the requested PUD of the subject property. In addition, Darryl I. and Carmel J. Damico agree, upon proceeding with the proposed development, to the following: To follow all regulations and development standards as set forth within the PUD Master Plan and PUD documents; To follow all other stipulations of approval set forth within the PUD document; 3.' To follow the Collier County Growth Management Plan; To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any successors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. IN WITNESS WHEREOF, the undersigned has set their hands and .seals on the date indicated. Ca~l J. Darfl:lco AOEN D3 I~1~ JAN I 1 1997 LETTER OF UNIFIED CONTROL Joint PUD Rezoning of Lots 28 - B1, Block 219, Unit 6, Golden Gate Subdivision, as recorded in Plat Book $, Page 12:5 of the Public Records of Collier County, Florida. for 'Jacaranda Center.' IN CONSIDERATION OF THE ACCEPTANCE of this Joint PUD Rezoning Application by Collier County under its Ordinances and Regulations, Cottongim Realty Development Co., Trust, by and through its President, Virgil L. Cottongim, 2301 C.R. 9:51, Suite 103, Naples, Florida 33999, owner of Lot #30, hereby agrees to create a commercial property owners association with the other property owners of the subject Lots within 90 days of the successful rezoning to the requested PUD of the subject property. In addition, Cottongim Realty Development Co., Trust, by and through its President, Virgil L. Cot~ongim, agrees, upon proceeding with the proposed development, to the following: To follow all regulations and development standards as set forth within the PUD Master Plan and PUD documents; To follow all other stipulations of approval set forth within the PUD document; 3. To follow the Collier County Growth Management Plan; To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any successors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. IN WITNESS WHEREOF, the under~gued has set his hand and seal on the date indicated. Company~ Trust g~n~,im,(~esident / Da~:e AGENDA [T£ht. ?40. ~ JAN 14 1997 LETTER OF UNIFIED CONTROL Joint PUD Rezoning of Lots 28 - 31, Block 219, Unit 6, Golden Gate Subdivision, as recorded in Plat Book $, Page 125 of the Public Records of Collier County, Florida, for 'Jacaranda Center.' IN CONSIDERATION OF THE ACCEPTANCE of this Joint PUD Rezoning Application by Collier County under its Ordinances and Regulations, Sid A. Skidmore, owner of Lot g3l, hereby agrees to create a commercial property owners association with the other property owners of the subject LOts within 90 days of the successful rezoning to the requested PUD of the subject property. In addition, Sid A. Skidmore, agrees, upon proceeding with the proposed development, to the following: To follow all regulations and development standards as set forth within the PUD Master Plan and PUD documents; To follow all other stipulations of approval set forth within the PUD document; To follow the Collier County Growth Management Plan; o To provide for continuing operation and maintenance of common areas so that common areas do not have to be provided, operated or maintained at public expense; and To bind any successors in title to any commitments made under Section 2.2.20 of the Collier County Land Development Code. IN WITNESS WHEREOF, the undersigned has set his hand and seal on the date indicated. / ~ate JAN 1 1997 ORDINANCE NO. 97- 1 2 3 AN ORDINA~ICE AMENDING ORDINANCE NUHBL'R 91-102 THE COLLIER COUNTY 4 LAND DEVELOPHENT CODE WHICH INCLUDES THE CO~REHENSIVE ZONING 5 REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA 6 BY AMENDING THE OFFICIAL ZONING ATLAS HAP NUHBER 962S$~ BY ? CHANGING THE ZONING CLaSSIFiCATION OF THE HEREIN DESCRIBED REAL 8 PROPERTY FROM RHF-12 TO ~PUD" PLANNED UNIT DEVELOPHENT KNOWN AS 9 JACARANDA CENTER PUD TO ESTABLISH A PROFESSIONAL OFFICE COHPLEX 10 AND LOW INTENSITY COHHERCIAL DISTRICT FOR PROPERTY LOCATED ON THE 11 NORTHEAST CORNER OF GOLDEN GATE PAR~WA¥ AND 55TH STREET S.W. IN 12 SECTION 28, TOWNSHIP 49 BOUT1{, RANGE 26 EAST, COLLIER COUNTY, 13 FLORIDA, CONSISTING OF 1.5± ACR£S~ AND BY PROVIDING AN EFFECTIVE 14 DATE. 15 WHEREAS, William L. Hoover, AICP0 of Hoover Planning Shoppe, 16 representing Robert H. and William H. Davidsen, Daffy1 J. and 17 J. Damico, Lisa C. and Leonard L. Swirda, Janice Sweeney, Virgil 18 Co=tongin and Bid A. Skidmore, petitioned the Board of County 19 Commissioners to change the zoning classification of the herein 20 described real 21 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners 22 of Collier County, Florida: 23 SECTION ONE: 24 The zoning classification of the herein described real property 25 located in Section 28° Township 49 South, Range 26 East, Collier 26 County, Florida, is changed from "RHF-12" to "PUD" Planned Unit 27 Development in accordance with ~he Jacaranda Center PUD Document, 28 attached hereto as Exhibit ~A# and ~ncorporated by reference herein. 29 The Official Zoning A~las Hap Number 9628S, as described In Ordinance 30 Number 91-102, the Collier County Land Development Code, is hereby 31 amended accordingly. 32 SECTION TWO: 33 This Ordinance shall become effective upon f~ling with the 34 Department of State. 1 2 4 6 ? 9 10 11 12 PASSED ~.Ng DULY ADOPTED by '~e Board o£ County Comliss/oners of Collier County, Florida, this day of , 1996. ATTEST: BY: 13 14 16 17 DWIGHT E. BROCK, CLERK 19 20 21 22 24 25 26 27 28 29 30 31 34 APPROVED AS TO FORH A~D LEGAL SUFFICIENCY HARJORI£ M. STUDENT ASSISTANT COUNTY ATTORRE¥ PUD-96-5 ORDINANCE/16757 BOARD OF CO~ COHI~SSZOH~RS COLLIER COUNTY, FLORIDA JOHN ¢. NORRIS, CHAIRHAN PAGE 2 AGENDA ITEM_ NO. ~ JAN 1 1997 JACARANDA CENTER A PLANNED UNIT DEVELOPMENT PREPARED FOR: RAICHERT, DAMICO, SWIRDA, SWEENEY, COTTONGIM & SKIDMORE CIO ATTORNEY DAVID RYNDERS 305 WEDGE DRIVE NAPLES, FL 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 and MICHAEL J. LANDY, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 DATE DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER FILED _February 16, 1996 December $, 1996 December 5, 1996 JAN ! 4 1997 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION Iil SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN DEVELOPMENT COMMITMENTS i ii 1 2 4 6 12 UST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G PUD MASTER PLAN/WATER MANAGEMENT PLAN VICINITY MAP SURVEY/TOPO/EXISTING LAND USE AERIAL PHOTOGRAPH/SOILS MAP SERVICES AND SHOPPING FACILITIES MAP SIMILAR ARCHITECTURAL STYLES SIMILAR ARCHITECTURAL STYLES AGEND& ITEM. JAN 1 4 1997 STATEMENT OF COMPLIANCE The development of approximately 1.5 acres of property in Collier County, as a Planned Unit Development Io be known as Jacaranda Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan and the Golden Gate Area Master Plan. The commercial facilities of the Parkway Promenade PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Golden Gate Parkway Professional Office Commercial District Land Use Designation as identified on the Golden Gate Area Future Land Use Map as described in the Land Use Designation Description Section of the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area, The subject property is located at the northeast corner of the intersection between Golden Gate Parkway and 55th Street Southwest. This strategic location allows the site superior access for the location of Iow intensity commercial and professional office land uses, as permitted by the Golden Gate Area Master Plan The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project development will assist in enhancing quality of life by improving the aesthetics of the project's neighborhood as described in Objective 1.4 of.the Golden Gate Area Master Plan. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan, All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 1.2.1 of the Golden Gate Area Master Plan. AGENDA I,TE M~ ~ JAN Z 4. ~997 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Jacaranda Center PUD. 1.2 LEGAL DESCRIPTION The subject property being 1.5 acres, and located in Section 28, Township 49 South, and Range 26 East, is described as: Lots 28 -31, inclusive and the southerly 1/2 of the vacated 20 foot alley, Block 219, Golden Gate Unit 6, as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP 1,4 The subject property is owned by Davidsens, Damico, Swirda, Sweeney, Cottongim, and Skidmore, more specifically described below as: Lot 28, by Leonard and Wanda Raichert, 5349 Golden Gate Parkway Suite B, Naples, Florida 34116. Lot 29, 1/2 by Darryl J. and Carmel J. Damico, 2121 C.R. 951, Suite 103, Naples, Florida 34116 and 1/2 by Leonard L. and Lisa C. Sw~rda and Janice Sweeney, P.O. Box 8532, Naples, Florida 33941. Lot 30 by Cottongim Realty and Development Company Trust, Attention: Virgil L. Cottongim, President, 2301 C.R. 951, Naples, Florida 34116. Lot 31 by Sid A. Skidmore, 4226 Ellington Avenue, Western Springs, Illinois 60558. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the northeast corner of the intersection between Golden Gate Parkway and 55th Street Southwest, in Golden Gate City (unincorporated Collier County), Florida. The 3 western lots are currently vacant. The eastern lot has a 2-unit condominium, that the property owners currently reside at. The entire project site currently has RMF-12 Zoning and is proposed to be rezoned to PUD. AGEND IT M 2 JAN 14. 1997 ... ,5'.5 1.5 PHY I A DE RIPTI N The project site is located within the Main Golden Gate Canal Sub-Basin. Water from the site would flow south via a system of pipes and small canals to the Main Golden Gate Canal, southerly into the Gordon River, and finally into Naples Bay. Water Management for the proposed project is planned to be "water quality treatment". Elevations within the project site range from 9.3 feet to 12.2 feet, with a majority of the site between 10 and 12 feet. All of the site is within Flood Zone '3(" per Flood Insurance Rate Map Panel#120067 0415 D. Per the Collier County Soil Legend, dated January 1990, the lone soil type on the subject property is Urban Land Matlancha Limestone Substratum Boca Complex. The lots have been previously filled and the project is composed mostly of grass and weeds. 1.6 .PROJECT DESCRIPTION 1.7 The Jacaranda Center PUD will include a mixture of professional offices and Iow-intensity commercial uses. The Jacaranda Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHORT TITLE This Ordinance shall be known and cited as the "Jacaranda Center Planned Unit Development Ordinance". AGENDA ITEM ~ NO, ~ JAN 1 4 1997 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOS~ The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. .~ENERAI., Regulations for development of Jacaranda Center shall be in accordance with the contents of this document; Golden Gate Parkway Professional Office Commercial Overlay District, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Coae in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of Jacaranda Center shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 AGENDA IT(M, JAN 14 1997 2.3 2.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND The project Master Plan, including the cross-access easement across the subject property, is illustrated graphically by Exhibit "A", PUD Master Plan. Bo Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the four (4) lots, as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan, Any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 JAN 1 4 1997 3.1 3.2 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the entire site as shown, on Exhibit "A", PUD Master Plan. GENERAL DE~(;;RIPTION Areas designated on the PUD Master Plan are intended to provide professional offices and Iow intensity commercial land uses. The 1.5 acre site is located at the northeast comer of the intersection between Golden Gate Parkway and 55th Street Southwest. It is also within the Golden Gate Parkway Professional Office Commercial District. 3.3 PERMITTED USE~, No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures:. 1. Accounting, Auditing, and Bookkeeping Services (group 8721). Business Services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7374-7376, 7379). 3. Depository Institutions (6021-6062). Eating Places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants: fast food restaurants; restaurants, carry-out; restaurants, fast-food; submarine sandwich shops)]. Engineering, Architectural and Surveying Services (groups 8711- 8713). 6. Health Services (groups 8011-8049). 7. Holding and Other Investment Offices (groups 6712-6799). 6 ,o. ~,~?.~ / JAN 1 4 1997 3.4 Insurance Carrier, Agents and Brokers (groups 6311-6399, 6411 ). 9. Legal Services (group 8111 ). 10. Management and Public Relations Services (groups 8741.8743, 8748). 11. Membership Organizations (groups 8611, 8621). 12. Museums and Art Galleries (group 8412). 13. Nondepository Credit Institutions (groups 6141-6163). 14. Personal Services (groups 7221, 7291). 15. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661 ). 16. Real Estate (groups 6512-6514, 6519, 6531-6553). 17. Research, Development and Testing Services (group 8732). 18. Security and Commodity Brokers, Dealers, Exchanges. and Services (groups 6211-6289). 19. Transportation Services (group 4724). 20. Veterinary Services [group 0742 (excluding outside kenneling)]. 21. Any other commercial use or professional service which is comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory Permitted Uses within this PUD Document. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. and incidental to the 7 JAN 1,~ 1997 Minimum Lot Width; One hundred (100) feet. Minimum Yards: (1) Principal structures: (a) (b) (c) (d) (e) Rear and Side Yards Twenty-five (25) feet. Accessory Structures: (2) Front Yards Along Golden Gate Parkway - Forty (40) feet, except for the existing structure on Lot 28 which shall be thirty-one (31) feet. Front Yard Along 55th Street SW - Twenty-five (25) feet. Side Yards Between Two (2) Lots Within the PUD -Ten (10) feet unless attached. Side Yard Along Eastern PUD Boundary - Ten (10) feet. Along Northern PUD Boundary - (a) Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians within Pedestrian Pockets, shall be setback ten (10) feet from all external boundaries of the PUD. Distance Between Principal Structures: Twenty (20) feet unless attached. Minimum Floor Area: One thousand (1,000) square feet for the principal structure on the first habitable floor. Maximum Hei,qht: 8 JAN 14 1997 .... ?.: /-/_. For principal structures twenty-five (25) feet plus ten (10) feet for any parking beneath the structures. Off-Street Parkinq and Loadin,q Requirements; (1) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. (2) Shared parking shall be allowed per Section 2.3.5 of the Land Development Code. In Section 2.3.5.6.7 the proposal would need to be consistent with the Golden Gate Area Master Plan instead of the Future Land Use Element. OPen Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be required for each parcel of land at the time of Site Development Plan approval for such parcel. Landscapinq and Bufferinq Requirements: (1) A ten (10) foot wide Buffer "X" shall be constructed around the perimeter of the entire PUD, excluding driveways and sidewalks perpendicular to the adjacent road right-of-ways. Additionally, if a cross-access easement is extended onto Lot 27 (abutting lot to the east of the subject PUD) such Buffer "X" may be eliminated on Lot 28 adjacent to the vehicular use area on Lot 28. Such Buffer "X" shall require one (1) shade tree per every twenty (20) linear feet and a double hedge row along its entirety, except along the eastern boundary of the PUD where hedge rows are not required. Along the northern boundary of the PUD a fence or wall shall be constructed, that is at least six (6) feet in height with a single hedge row on each side of the fence or wall. Fences and walls shall meet the requirements of Section 2.6.11 of the Land Development Code. Such fences shall be wooden, be at least 95% opaque, and be designed and maintained to provide an attractive appearance on both sides. Such walls shall be architecturally finished, painted, and maintained on both sides. Twenty-five (25) percent of such shade trees shall be a minimum of ten (10) feet in height, with a four (4) foot spread, and a one and three.-quader (1.75) inch caliper at time of planting, that will have a minimum canopy of fifteen (15) feet at time of maturity. The remaining shade trees shall be a minimum of eight (8) feet in height, with a three (3) 9 No. ~/ .,,-,-I JAN 1_4 1997 i (2) (3) (4) (5) foot spread, a caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. All shrubs shall meet the requirements for shrubs as described in Section 2.4.4 of the Land Development Code. Buffering shall not be required between lots internal to the PUD. A minimum of ten (10) percent of the gross vehicular use area shall be landscaped to provide visual relief. Required trees within the Parking Lot (Internal) Landscaping Areas shall be one (1) tree per seventy-five (75) square feet of Internal Landscaping Areas. These trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at maturity. All other requirements of Section 2.4.5 of the Land Development Code shall apply. For building perimeter landscaping, each building shall have one (1) tree, four (4) shrubs, and twenty (20) square feet of planting area for each two hundred (200) square feet of first floor building area. These trees and plantings shall be planted in the areas adjacent to such buildings. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at time of maturity. Planting areas shall consist of landscaped areas, raised planters or planter boxes with a minimum of one (1) flower or shrub for each ten (10) square feet of planting area. At the time of Preliminary Site Development Plan Application. the site plan shall show a Front Pedestrian Pocket for each platted lot. plus any fraction greater than one-half (1/2) of a platted lot, located within such application. Additionally, such site plan shall show a Rear Pedestrian Pocket for each platted lot with a principal structure located on such application. (a) Front Pedestrian Pockets, at a minimum, shall provide the following: two (2) park benches; two (2) trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading from the sidewalk along Golden Gate Parkway; and one (1) architecturally designed light post not exceeding sixteen (16) feet in height; all AG£ND~ IT. EM _ 1 o "°' JAN 1 4. 1997 Si,qns (1) (2) (3) located within a minimum area of four hundred (400) square feet. The areas not utilized for these requirements, or similar pedestrian amenities, shall be landscaped. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. (b) Rear Pedestrian Pockets, at a minimum, shall provide the following: two (2) park benches; two (2) trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading from the adjacent building to the park benches; and one (1) architecturally designed light fixture attached to the building or on an architecturally designed light post not exceeding sixteen (16) feet in height; all located within a minimum area of three hundred (300) square feet. The areas not utilized for these requirements, or similar pedestrian amenities, shall be landscaped. Such minimum area shall be located adjacent to a building. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. (6) Architecturally designed lighting, not exceeding sixteen (16) feet in height, shall be provided along the rear of the lots, without creating glare on adjacent residential properties. A project sign for the entire project shall be limited to one (1) sign not to exceed twenty (20) square feet and six (6) feet in height, that is setback a minimum of fifteen (15) feet from the right-of-way. No flashing or mechanical signs shall be allowed. Wall, mansard, canopy or awning signs are permitted, as provided in Section 2.5.8.1.3 of the Land Development Code. Exceptions to these sign restrictions are those signs permitted under Section 2.5.5 Signs Exempt From Permitting of the Land Development Code. 11 AOEND8 IT, EM ,, NO. ~ JAN 1 4 1997 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12 JAN 1 1997 · ? 4.4 SCHEDULE OF DEVELOPMENT/MONITORIN(~ REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in four (4) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 4.6 WATER MANA(~EMENT 4.7 In accordance with the rules of the South Florida Water Management District (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for water quality. Collier County Ordinance No. 90-10 requires a minimum of one (1) inch of water quality pre-treatment over the entire site. UTILITIES Availability letters and construction plan approval from Florida Cities shall be provided prior to Final Subdivision Plat or Site Development Plan approval. The existing structure on Lot 28 shall be connected to public sewer prior to the owner obtaining Certificate of Occupancy for any conversion of this structure from the current residential use to a commercial or office type use. Within the earlier of three (3) years from the date of approval of this PUD by the Board of County Commissioners or simultaneously with the timing that public water mains are constructed on the northern side of Golden Gate Parkway adjacent to any lot within the Jacaranda Center PUD (whichever is earlier), and such water is available to the Lot 28 structure per Florida Cities Utilities, the owners of Lot 28 shall convert their internal water supply from their existing private wells to public water, if the Lot 28 structure is being utilized for commercial or office uses. 13 4.8 TRAFFIC The applicant shall install arterial level slreet lighting at the project entrance during construction of the commercial access that serves the PUD. If the timing of the commercial access construction is such that the County will be making improvements to Golden Gate Parkway, which improvements include street lighting, prior to such commercial access construction, the applicant shall be relieved of this requirement. County Ordinance 93-64, Work Within the Right-of-Way, requires that all commercial accesses on multi-lane divided roadways provide right turn lanes into the development. In concert with that Ordinance requirement, this Division will require a right turn lane into the site, located within the right-of-way, prior to granting the first Certificate of Compliance on any commercial building that this access will serve, Based upon public safety considerations as identified by the County Traffic Engineer, the applicant has requested that staff permit a larger curb radius to facilitate traffic entering the main roadway, in lieu of providing an acceleration lane. The final design parameters of this curb radius will be determined at the Site Development Plan (SDP) stage. A "fair share" contribution toward a traffic signal system shall be provided by the developer if and when such signal system is warranted nearby the project entrance or at such other location as to create a direct benefit to the subject property. Warrants for the installation of a signal system shall be solely determined by the County. The County shall own, operate and maintain such signal system. This project shall be classified as Category 21, Office: 50,000 square feet or less, for road impact fee purposes. However, if any portion of the space is to be used as a medical office or clinic, then that portion shall be assessed as Category 26, Medical Office. 4.9 PLANNING During the Site Development Plan review process the developer shall provide architectural drawings indicating that all proposed buildings will have a similar architectural style with Exhibits "F" or "G" of this PUD Document. Such architectural drawings shall also show that these buildings will have stucco except for decorative trim, pastel colors, and tile roofs. In instances where tile roofs are not provided, decorative parapet 14 AG£ND& ITEM. JAN 14 1997 C walls shall be constructed above the roof line. The existing structure on Lot 28 shall have a new tile roof or a simulated tile roof, whose material is acceptable to the Development Services Director, installed within three (3) years from the date that the next commercial building permit is issued within the PUD, or when a new roof is installed upon the structure, whichever is sooner. The existing residential structure on Lot 28 shall be converted to a professional office or light commercial land use through the Site Development Plan process, as described in Division 3.3 of the Land Development Code, within three (3) years from the date that the next commercial building permit is issued within the PUD for a commercial or office building or when the owner(s) convert the existing residential structure into a commercial/office use, whichever comes first. The conversion shall bring the site and building into compliance with the architectural and site design standards set forth herein, except for the temporary tile roof deferment described in Section 4.9A. of this PUD Document. Additionally, all residential structures remaining after eighteen (18) months from the date of this next commercial building permit date of issuance, shall be modified before this eighteen (18) month period elapses. Such modification shall include: a six (6) foot high opaque buffer around all trash storage areas, a fresh coat of exterior building paint to color coordinate the existing building with the new off~ce/hght commercial building, and the planting of an additional six (6) trees and a hedge row around the existing parking lot. These improvements shall be provided by the owner of the existing residential building. Such additional trees shall be a minimum of eight (8) feet in height, with a minimum caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. Such shrubs shall be a minimum of two (2) feet in height at time of planting. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. 15 AGEND I [ NO. ~ JAN 14 1997 , i!ii ; ! ID.' J :-t." ti . j il !i'ii!, -ii! EXHIBIT "B" VICINITY MAP N $ 0 .5 I I , I M~le P~ne R/dqe Rd, C~den Gore_. Porkwoy Rqdlo Rd. Dovl$ Blvd, JAN 14. 1997 EXHIBIT "C" SURVEY/TOPO/EXISTING LAND USE mt ITIt JAN EXHIBIT "D" AERIAL PHOTOGRAPR/SOILS MAP AG£~, IT JAN 14. 1997 EXHIBIT "E" SERVICES AND SHOPPING FACILITIES MAP N l, h7e S ! Pin Ri R 2 E H Col, fen Cote Radio Rd. Dovls Blvd~ Subject ~ 6 7 ! J SHOPPING FACILI77£S · . Ridge Po~t Plaza .' Pine Ridge Crossing ,= Car#lan Place · = Santo Barbara Square ~; K-Mort Shopping Center ,= Berkshire Cc~~mons · = 951 Commute Center ~= To#gate Co ,,mer¢iol Center · = Cros~*ood$ Market GOVERNMENTAL FACILITIES Goidert Cote Community Pork Golden Cote LZ~'ery Emergency M~lc~ ~'c~ ~d9. F~e ~tm~t St. ~n N~mn ~ :'~A ITEM ~dm ~te H~tq ~te~. ~] £XH~B~T AGEI No. J/~N 1 ~. 1997 1997 XE IV MMA Y PETITION AV 96-0:32 FOR THE VACATION OF A PORTION OF A FIVE-FOOT UTILITY EASEMENT ON SITE 5, BLOCK D, PELICAN BAY UNiT 4, AS RECORDED IN PLAT BOOK 13, PAGES 30-32, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To approve the Resolution for the vacation of a five-foot utility easement to allow owner to build across the easement area. ~: Petition AV 96-032 was received by the Transportation Department from Mark Lamoureux as agent for owner, John J. Kelly, to vacate · utility easement at the side lot line of Site 5, Block D, Pelican Bay Unit 4. The easement was created by dedication on the general notes on the Plat of Pelican Bay Unit 4 for the installation and maintenance of public utilities. The petitioner has purchased a portion of the adjacent Parcel 'D', and desires to construct a home over the easement area. Letters of 'No Objection' were received from all pertinent utility companies. Transportation has reviewed the petition and has no objection. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Resolution for the vacation of the above-described easements, authorize the execution of the Resolution by it's Chairman, and direct the clerk to record a certified copy of the Resolution and make the appropriate marginal notes on the plat. Russell D. Muller Engineer I REVIEWED BY: ~ ,-~---"~--~ G. F. Archibald, P.E. Trans~portation Director Rayrr~nd W. Miller, P.E. Acting Public Works Administrator DATE: /Z'.-~- ~, / / RDM/GFA/mk/120496/ES AV 96-032.doc 1 2 RESOLUllON NO. I~-____. 3 RESOLUTION FOR PETITION AV 96-032 TO VACATE A 4 PORTION OF A FIVE-FOOT UTILITY EASEMENT $ LOCATED ON A PORTION OF SITE $, BLOCK 'D', ON THE 6 PLAT OF PELICAN BAY UNIT 4. AS RECORDED IN PLAT 7 BOOK 13, PAGES 30 THROUGH 32. INCLUSIVE. OF THE 8 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 10 WHEREAS, pu~luant to Sections 177,101. FI·hole Statutes, Mark Lamoureux, p E, 11 II Igent for owner(s), John J. Keffy, does hereby reqtmsl the vlcatiort of · five-fool 12 easement located o~ · portion of Site 5, Block 'D', on Ihe Plat of Pelican Bay Unit 4. as 13 recorded irt Plat Book Plal Book 13, Pages 30 through 32, inclu~ive, of Ih· Public Records 14 of CoIIrm' County. Florida. and 15 WHEREAS, the Board has ~his ~y held · public hearing to consider vacating said 16 plats as more fully described below, ·nd ri·lice of laid public hearing to vacate was gwen 17 as required by law; end 18 WHEREAS. the granting of the vocation will not adversary afl'ecl Ih· ownership or 19 righl of convenient Icc. ess of o~te~ I~'Operly Owners 20 NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA. lhat the following be end ~$ hereby 22 vacated 23 28 29 30 31 32 33 34 35 3~ 37 38 39 40 41 42 See E~d~t 'A' attach·el to and incorporated herein 24 BE IT FURTHER RESOLVED. Ihat the Clerk il hereby d~recled to record lh~s 25 Resolulion in Ih· Public Records of Collier County. Florida, and I0 make proof nolat,ons of 26 this vacation on said plal 27 This Resolution adopted after molion, lacond ·nd majority vote favoring lame DATED ATTEST DWIGHT E BROCK, Clerk Approved es to form end legal sufl'~Jency Heidi F Ashlon A$$istanl Collier Courtly Alt·may BOARD OF COUNTY COMMIS,e~ONERS COLLIER COUNTY. FLOR;DA . Cha~rma~ ROM/mlUll IB~e~ AV g~032 d~ 'r f1I~! ATTACHMENT B ~ [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: Address: ' b,l,=ot ~c_ ~, Telephone. City/state:~ Zip Code:~ City/state: [_ Telephone: Zip Code:~ Address of Subject Property: DJ~%VF. ~ _.~ ~p Code.'-~J~~ Location: ~ship ~ Range Description: Subdivision:~p~ '~ affect density?~ -- s I Hereby Authorize Agent Above to Represent Me for this Petition: Yes _ ~ No Date ' - 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 deliver or mail to: *(:~) (2) (4) Transportation Services Collier County Government Complex Naples, PL 33952 Telephone: (941) 774-8494 If applicant is a land trust, indicate /he 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. Ill:. fl: il.i: l:! It,l l]l]:ljl :Ih:Il I m i m COT.TIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION November 5, 1996 Mr. Mark Lamoureux, P.E. Mark Lamoureux Engineering 870 97th Avenue North Naples, FL 34108 ~01 E. TAMIAMI TRAIL NAPLES, FL ~4112 (941) 732-2~7~ lAX (941) 7~2-2~26 Re: Vacation of a 5' Utility Easement on a side lot line for Site 5, Block "D", Pelican Bay, Unit 4 Dear Mr. Lamoureux: This office has reviewed your request to vacate the above referenced 5' utility easement. The Collier County Water-Sewer District has no facilities within this easement and we, therefore, have no objection to =he vacation of the 5' utility easement. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Russ Muller, Transportation Services COHIF. R COUNTY GOVERNMENT COMMUNI'IW D£VELOPIvFENT AND ENVIRONMENT~t. $£RVICES DIVISION 2800 N. HOP, SF. SHO£ DRIV~ NAPLF~, FL ~4104 A CIEFIH~ BLUi O~P ~rr~ November ~, 1996 Mr. Mark Lamoureux, P.E. 870 97n Ave. North Naples, FL. 33963 RE: Vacation ora $ foot Utility Easement on the Northwest side of Site 5, Block D, Pelican Bay Unit Four Dear Mr. Lamoureux: This office has reviewed the information provided regarding thc proposed vacation of the subject easement and we have No Objection to the proposed vacation. lfI can be ofany further assistance to you in this regard, please let me know. $incqrely, John R. Houl~wonh Senior Engineer cc: Russ Muller, Transportation P. 0. Box 413013, Nlpleg, FL 33~41-3013 November 13, 1996 Mr. Mark Lamoureux, P.E. 870 97=h Ave. N. Naples, FL 33963 RE:Vacation of a 5' Utility Easement on & side lot line for Site 5, Block "D', Pelican Bay, Unit 4. Dear Mr. Lamoureux: In ReDly to your recent request to vacate the above referenced easement FPL has no objection to vacate the 5' utility easement at the property known as: Site 5, Block 'D" of Pelican Bay, Unit 4 as recorded in Plat Book 13, Pages 30 thru 32 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. Bill Fol~y ]- -' Naples O~era~ons/FPL ~n FPI. Group Box 2477 N~I~ ~ ~4106-2477 November 4, 1996 Mr. Mark Lamoureux, P.E. 870 97th Avenue Noah Naples, Florida 33963 Dear Mr. Lamoureux; United Telephone of Florida dba Sprint has no objection to the vacation of the 5 foot side utility easement along the northside lot line of Site 5, Block "D", Pelican Bay, Unit 4. We concur in the abandonment as described in your letter dated November 1, 1996. Should you have any questions or problems feel free to call me at anytime at 263-621 I. Sincerely, Catherine A. Colford OSP Engineer QContinental Cablevision' P.O. Box 413016 · 301 To~ Rood Naples, FL 33941.3018 Phone: (941) 793.9600 · Fox: (941) 793.1317 November 5, 1996 Mark Lamoureux, P.E. 870 97th Avenue North Naples, FL 34108 RE: Proposed Vacation of a 5 foot Utility Easement, Site 5, Block 'D', Pelican Bay Unit 4, as Recorded in Plat Book 13, Pages 30 through 32, Public Records of Collier County, Rorida Dear Mr. Lamoureux: Continental Cablevision of Southwest Florida has no objection with the vacation of the 5 foot utility easements along the north side lot line of the above referenced property. Sincerely, N~e~s'tor M. Martin Director of Engineering and Construction NMM/~dr LIST OF PROPERTY OWNERS Within 250 Feet of Easement Edward P. & Mary I. McNamara 6620 George Washington Way Naples, FL 339&3 · J. & Mildred G. Whalen 6624 George Washington Way Naples, FL 33963 Frederick W. & Lorraine K Metzger 6625 George Washington Way Naples, FL 339&3 John W. & Nancy I-L O~Donnell 6609 Ridgewood Drive Naples, FL 339~3 Noel F_.. & Carolyn J. Callahan 10591 Coppergate Street Carmel, IN 46032 Joseph B. Klemp, TR Mildred I. Klemp 801 Bentwoo~ Drive Naple~ FL 33.~.3 Forest A. & Joyce N. Lay 800 Bentwood Drive Naples, FL 33963 ~ & Jennifer Johnson 802 Bentwood Drive Naples, FL 33963 Parcel # 66432960008 Parcel # 66433000006 Parcel # 66433040008 Parcel # 66437760009 Parcel # 66437800008 Parcel # 66435880004 Parcel # 66437880002 Parcel # 66437920001 No Owner ( Reference: County Ordinance No. 78-67 ) Parcel # 00238760002 1933411 OR: 2055 PG: 0400 IICOI~ll t! OffICIAL UCOI~S O! CO~,tlll C~, ~ H/Il/{{ It II:{S~ ~ I. I~. ~ll 0]~ 3000~0.l{ fill {1{¢ 11! IO~-.{S ]HI.Il ]lT-.lO2 iO0.ll IISI: Imll~O ~IOTLL~ rr tL ]{$1 ?AJII~I ?i ! liP{J{ lq, ]HI] Illl This Mortgage Deed John 3. Kelly, Hay ;I.D. 1995 by her~fldjtrr c~lled the n*OnlalOe, to Robert L. Buck and Ann M. Buck, Husband and Wife, called the montatee: SEE '~iBIT A' A~A~ED HE~TO ~ ~E A P~T ~OF. ~IS IS A FI~T P~E ~O~Y NOR~GE. If all or any par~ of ~he Property or any in~eres~ in i~ ts sold or transferred (or ii I ~neficial in~eref~ in Borr~r is sold or ~ransferred and Borrower ts nog a natural ~rson) ~nder's prior ~i~en consent, ~nder ~y, ac t~s option. re,ire i~edia~e pa~en~ in full of all sums seared ~ ~his Mortgage. However, ~his option shall no~ ~ exercised ~ ~nder if exercise is prohibited by federal law as ol ~he Hot,gage. Ii ~nder exercises ~his ~ion, ~nder shall give Borrower no~ice of acceleration. ~e no~ice shall provide period of no~ less ~han ~htr~y (20) days fr~ ~he da~e ~he no~ice is delivered or mailed within which Bottler ~f~ ~y all sums prior ~o ~he e~ira~ion of ~his period, ~nder may invoke any remedies pe~t~ed by ~his Mortgage wi~hou~ further or demand on Borrower. ,-..._ 13 After ReooroYnp. Please Return To: MONACO. CARDILLO & KEITH 3550 Easl TamMmi OR: 2055 ?C,: 0~01 To Have and to Hold ~ ~ ~ ~ ~~xc~p~ th~ Provided Always, ,,~ t! ~t ~.tqo, ~ ~ wo ,w ,~tq., ,~, ~ ~.w, rote her~i~u~e~ mb~tawially COl)i~ or Memifle~, to. Mt: $£E 'EXHIBIT A~ ATTACHED HERETO AND MADE A PART HEREOF. OR: 2055 PG: 0402 ~ ~ in, florin, tmnply with ~I abide by ~c~ ~ ~ ~ t~ qre~s. ~ips~io~. ~iti~ ~ ~ th~eo~ ~ of t~ ~ntatt. thru t~ ~ntott ~ t~ ~t~e hert~ ~. x~l t~ ~ ~ ~ll ~ wid. ~e~ ~ ~ t~ ~ ~ p~ for ~ ~ ~e ~ ~ ~ntate. or dt~; to ~ ~t ~ ~ highes~ insurable amoun~ to ~ ~ ~t~int. F~re ~ ~ ~nl~l~ lO ~t ~ ~ ~ ~t~ ~ ~ ~ ~ ~Mt. Prfnced NaZi~ ~i~ness · :. OR: 2055 PG: 0403 Description of Part of Parcel rD' Of Pelican Bay Unit Four, Plat Book 13, Pages 30 through 32. Collier County, Florida BEGINNING at the wemterlymost corner of Bite S, Block rD' Of PelLcan Bay Unit Four as recorded in Plat Book 13, Pages 30-32, Collier County, Florida~ thence North 43e-21,.02· West 40.00 feet~ thence North 43'-20'-16. East 165.19 feet to a point on the westerly Right-of-way of Ridgewood Drive~ thence southeasterly 30.00 feet along the arc of a circular curve concave southwesterly having a radius of 1,035.76 feet through · central angle of X°-39,-34· and being subtended by a chord which bears, South 50..52,.10· Bait 30.00 feet Co the northerlymost corner of said Site. S, ~he~e along the northwesterly boundary of said Bite S, South 39 -57 -37 West ~70 00 feet Co the POINT OF BEGINNING. ' Containing 0.13 acres more or leal; subject to easementl and restrictions of record. Bearingl are based on the northwesterly line of laid Site S, Block edt being South 390. S7,.37· Welt. Site S, Block D, Pelican Bay Unit Four, as recorded in Plat Book 13, at Pages 30 through 32, inclusive, of the Public Records of Collier County, Florida. OR: 2055 PG: 0404 MORTGAGE NOTE NAPLES, PLO~IDA M&y 11~, 199S Pot value t'~qved, the ~l~ b~Y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ of: Ro~ ~ Bu~ ~d ~ M. Bu~, the pr~ Nm of $ 300,000.00 with fmerm ~ ~ the rm of 8.000 per onuum per mouey o~ ~be Unked Sram of Ameflcl ~t: PAY~ ~ ~L~WS: hytble h d~t (8 Ate~ ~e ~e p~p~ b~n~ t~~6, (~e ~pma 0~ ~t~ ~ ~me-~. L~r'm ny nd ~ ~d ~ P yable h ~. P P~en~ ~7 ~ ~de at ~ MAJC:~R'$ ADDRF. SS: OOl (hlfdm~ B~d. N. NAPL/3. Pbetdt 3294O 2060381 OR: 2187 1915 IS/Il/Il It I~:llfl IIl~ I. II1~, $ Ill I~ I1.~ SATISFACTION OF MORTGAGE T. eSe ,.eSe.TS: - "' . ' of a ~n ~fllnNe d~ exKu~ by JO~ L ~Y to ROBERT ~ B~ ~ ~ M. BU~ ~nI date ~ IST day of MAY. I~S A.D. ~ ~ ~ ~M ~ B~ ~5. ~ ~. ~ offl~ of ~ ~e~ of Ci~utt C~a of Collier ~n~. ~ S~ of~ ~[ a ~ ~ in ~ ~cip~ sum of ** ~ H~D ~OUS~ ~ ~i~ ~3~.~.~) ~ ~ cern ~s ~d obli[ati~s ~t fo~ in ~d ~NeNe ~. ~ ~ ~ ~ ~ M ~d S~ ~d C~nty deified ~ foll~s, to wit: SEE "EXHI~rr A" ATTACHED HERETO AND MADE A PART H]~P~OF. hereby acknowledges full payment and saUsfnc0on of said nome and too,laNe deed. and sun,rider the same ,, cancelled, and hereby direct the Clerk of the Cin:uit Corm to cancel the sam~ of s~:ord. WITNESS my hand and seaJ this ~, day of HAY I996. Signed and Sealed in our Presence: Witness. please print name: ANN M. BUCK STATE OF: FLORIDA COUNTY OF: COLLIER The foregoin$ instrument was acknowledged before me this 10TH .. day of HAY A.D. 1996 by ROBERT L. BUCK and ANN M. BUCK who is personally known to me or who produced ueeoon&l.l.Y 1,.horn a~ identification .md ~,ho (did/did nm) lake zm oath. (SEAL) Nmary Public. Please l~int na~e: My ComrMssion Exp~.'es: ~, ~.~'.;~" ~ . THIS I~ISTRUMENT PREPARED BY AND RETURN TO: 8.~O~-O~--~R.~VD. ,JOHN J. FELLY '; · -- ~13 Ri~gewood I~ Na:)lea FL 33963 , ......... I ........ I ................. I __ Il _ _ All ___l.._L Il _ __ ' EFJ'f:ZBIT A, DeecrLpCion of Parc of Parcel · · ' ~ ,. Page~ 30 Chro ~ 2, ~oll~er C~y, wemCerl~e= co,ir o~ Si~o ~, Block 'D' 311ier C ' ~ed ~ Pla .... · -0 xeec Chr~ ----,,weeCerl ~v )rChw ..._...~---~&~8c Co,er ~ Z.~. .... '~&_'zu' ~8C 30.00 Y ~ of , Che~ ~ .... ~' ~Z~. ~ 39 S~ -37" Wee~ 170.00 Lne ol laLd S~to S, Block 'D' beLng S~th 3ge-SV,.3~. Welt. $, Block D, Pelican 13, aC Pages 30 through ~ay UnLC Four. af recorded Ln PL Collier Coun=y, FlorLda. 32, inclueLve, of =he l'ubl~c ~eco: BOARD OF COUI~'Y COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM ~(~d~ (~. ADORESS/~//~ ~/4g~/~a~/~~,' ~"/_.. INVOICE NO. ,, FUND COST CENTER O~J, BS PROJECT I CA CK AMOUNT lO/ /~.~ lb' ..~?/,~ ~ ~.~ CUSTO~R COP~ ~ 1 0 6 0 0 5 -~C¢.W~,~ND;%TION TF~%T TF.~ ':CI:~D OP COTST' CONTROL ORD::4~ :..: ~, aDOPT ObJeotivet To have =Yp ',$ard of Cc,,.-- :.-,missioners adopt an Ordinance amending O=~!~- ~ ~o. ~g-11, ~,:.~=h and Water Safety Considerat~on: In l~aO '"- Board of ~-¥-;.- ~F~ssioners adopted Ordinance ~o. 89-11, th, '~ and ~a~; : ::~ and Vassal Control Ordinance. T~is Ordina.--. ~n adjoining o~era=lons b7 privets ...~: ~s at aLL ... cr~.nance wo~id incr?~r¢, the d~s=anc? operation from 500' off:' . .-~ to 7~0'of.f-' to bathers. All per~.2-.%~ ~¢atercraft in,tailed, quie:er ~har . .e stock muff' . each renter of personal ..,t~rcraf: wil. initial ~tiDulatlons se~ f.z-.~ in the C-.. ~rewth Management: }~o~.- skip ~am.~, ~,-.]-...'~ ~£fec~or Department - ~' '~r:<s and Rec:'.~. ',, Reviewed by :~~~ _~l . Division of ?-::~..: :_w~ervice~ .f 'personal watercraft ~gulated concession c.:es. The pro~osod 3arsenal ~.:atercraf= :~ereby reducing risk ~bal] have mufflers ~..~'ren:~¥ in use, and :~quired to read and · %afore each use. '~e Roard :f To=nty Date, ///L~'/~ 17774 :.", ',l':~.q£:, C.C,I:.-~..~,,- · .:': ".,~O ?.£? :0 'SO · '.'.~33::AL I;AT£R CTIAF?r ~e~u~t~one ~'..~,.- ~ ~ the be amended. ¢OH~tI$$ION~RS cr · ' :?R ¢3(::;T¥, Jet s~ia tO o'". :~e irreiFons;b;~ :....:.:~ of rearm! ~et skis, ,~ruor permlttee ,.,t:r= ~f rertai Jet ~kim ; ':..L.:~, Are :teIotel. - Agendl ,It,eS JAN I & m97 Pg ...... ~-- _ ':.''i '""' IH:' (.I) 'e~at? q~.:~ .- :'.,:~iva~Z ~rl'.'~r~ .~.-ch o~ veose:~ .'~. ~o pern~n -. ..-.~y pers~nnoL, no ::-. ::):3on dCtUS~:y ~J-.~.: ..~ ~i~. ,o ,'~'..~.e ~ezn~ ~o~e~ o:, · :~ ~:.!'Ind s ,/e~aell ami · .'^ ',~set apera:or(o~ ~ ~'.~: ski closer :hqn !,:':. ';,~*~ ~ro~ t~a ados ~: '.~ :~c~ diroc::¥ on the ?a,'.'r~f:, Including,.;-* ' -.-~, '/l~:12Jrf~osrda~ a~d · .~ ...~rJu. :i0 Fersor . .r~te ~'".'? ~han 500 -2- ? '9 be ~onetrued t J '. ':r .~FFr~ve th,. ) of any vo~ol nr st ~hZch Is te1~ im ~nd proper under ~ .r ~rc~rltlr~f~ :-t .~ng, but not · or'Jut Oiaor,~ ,' ", £,r*vJ~-e~. the · ' '~ :~G :ae:; ~: . - .c~. Coun~y'~ boa:n ~r~.:~ :-~ :t ~hl pub[t: ~h~ r¢~:ea[e on [he beach NO.~ JAN 1 1997 -j :, 4Ge boat. >. ~e not :eol th.m~ ... ~'Jed '"~.~.'$ · C::r.'OnC, ',, .'t U~ich 'Tender'l Agenda Item .lan I ~, ,Qa7 F Agenda I "°'~~ I ~.HA {. P..%A :; Agenda_ lJ:eq, t PETITION NUMBER: CU-96-19, MR. DONALD p. RICCI, REQUESTING CONDITIONAL USE "1" OF THE RSF-3 ZONING DISTRICT FOR PROPERTY LOCATED ON LOT 20, BLOCK 414, MARCO BEACH UNIT 13, IN SECTION 20 TOWNSHIP 52 SOUTH, RANGE 26 EAST., ~~ TO obtain conditional use "1" of the "RSF-3. Zoning District to allow for a boat house. ~ The subject .69 acre site currently contains a single-family dwelling aKd is near the end of the Caxambas Court cul-de-sac. The petitioner proposes to construct a 13.5' X 33' boat house on a dock facility that is 43 feet long. The boat house will be approximately 13 feet tall and is placed 53 feet from the end of the subject corner lot. The boat house will be open on all sides while the dock depth is 20 feet. The subject parcel is designated Urban Coastal Frin e on Future Land Use Map of the . g the residential development -~ - ~MP.. This designation e a~ a base density of 3 un~ ..... p rmits ~ ~r acre. The proposed boat house is also a conditional use within the "RSF-3- zoning district. In addition, the traffic impact review indicates that this petition will not generate any new site generated trips. As a result, the project will not exceed the significance test on any County road or have an adverse impact on any level of service standard. Therefore, this petition and 5.2 . . is consistent with Policy 5.1 of the Traffic Circulation Element (TCE). All conditional use actions require a finding on the part of the Collier County Planning Commission (CCPC) based on the provisions of Section 2.7.4 of the LDC. A preponderance of the conditional use findings as outlined in the staff report support action for approval. The findings are formatted to give both reasons for and against a decision to support a recommendation of approval. A summary of the major Pro/Cons from the Finding,e is as followsz 1. Is consistent with the goals, objectives & policies of the GMP and it's elements GMP and it's elements. 2. The proposed structure won't block views of adjacent properties. 1. None. The Collier County Planning Commission reviewed this petition December 5, 1996 and by a 7 to 0 vote, recommended approval subject the stipulations contained in the agreement sheet. on AGENDA JAN 1 & 1997 FISCAL IMP~CT~ This petition by and of itself will have no fiscal impact on the County. However, if this change achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. GROWTH MANAGEMENT IMP~T; The subject property is located within the Urban Coastal Fringe S~bdistrict as designated on the FLUE. This desfgnation allows essential services; institutional uses; communfty facilities and conditional uses including boat houses. This request is permitted as set forth in the Future Land Use Element of the Growth Management Plan, therefore, there is no adverse impact. Approval of this petition will have no direct fiscal impacts to Collier County. PLANNING .COMMISSION RECOMMENDATION~ That the Board of Zoning Appeals approve Petition CU-96-19 subject to the stipulations contained in the agreement sheet. PREPARED BY: RAY ~LLOWS PRINCIPAL PLANNER REVIEWED BY: ~LHERE, AICP MANAGER CURRENT PLANNING SERVICES DONALD W. ARNOLD, AICP, DIRECTOR UTERO~TRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. RVB/rb/EXSUMMARY/CU-96-19 -2- DATE DATE DATE JAH I BB7 AGENDA ITEM 7-L MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: NOVEMBER 12, 1996 RE: PETITION NO: CU-96-19, LOGGHE BOAT MOUSE AGENT/APPLICANT: Agent: Mr. Donald P. Ricci, Jr. Marco Marine Construction P.O. Box 1247 Marco Island, Florida 33980 Owner: Mr. Gene Logghe 412 Antigua Street Naples, Florida, 34113 GEOGRAPHIC LOCATION: The subject property is located on the south side of Caxambas Court in Section 20, Township 52 South, Range 26 East. (See illustration following page) REOUESTED ACTION: To obtain conditional use "1" of the "RSF-3" Zoning District to allow for a boat house. PURPOSE/DESCRIPTION OF pROJECT: The subject site consists of approximately .69 acres and contains an existing single family dwelling 175 feet from the end of Caxambas Court. The petitioner proposes to construct a 20' X 33' boat house on a dock facility that is 30 feet long. The boat house will be approximately 13 feet tall measured from the deck and is placed 29 feet from the corner of the subject 1Dr. The boat house will be open on all sides and contains a boat lift. SURROUNDING L;tND USE AND $ONING: Existing Conditions: The site contains a single family dwelling and is zoned RSF-3. Surrounding: North - Single-family; Zoned: RSF-3. East - Caxambas Court (Road) South - Vacant lot; Zoned: RSF-3. West - Caxambas Pass (Water) -1- NO. ~ JAN 14 1997 JAN PI. 1997 t JAN 1 4. 1997 GROWTH MANAGEMENT PLkN CONSISTEN¢~ This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use ElemeDt~ The subject parcel is designated as Urban Costal Fringe on the Future Land Use Element of the Growth Management Plan. This designation permits residential development at a base density of 3 units per acre. It also allows for a boat house which is a conditional use within the "RSF-3" zoning district. Therefore, this petition is consistent with the GMP. Traffic Circulation Element: The traffic impact review indicates that this petition will not generate any new trips. Therefore, it will not exceed the significance test on any County road. Other ADmlicable Elements: Since the site is currently developed it will not adversely impact on any environmentally sensitive area. Therefore, this petition was not required to go before the EAB. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Where appropriate, mitigation measures and stipulations have been generated to ensure consistency with GMP during the permitting process. ~ISTORIC/ARCHAEOLOGICAL IMPACT: Staff,s analysis indicates that the petitioner,s property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND' INFRASTRU¢,-u~E: This petition was referred to all appropriate County agencies with jurisdictional oversight for elements of the Growth Management Plan for their review. They have recommended approval subject to appropriate development stipulations that are consistent with the Land Development Code and Growth Management Plan. Staff has determined that no level of service (LOS) standards will be adversely affected by this request. In addition, appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Therefore, the conditional is consistent with the Growth Management Plan. N0.~ JAN 1 4, 1997 --2-- The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culninating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thu~ requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission =o 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 con as the case may be, in the professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: r' a. Consistency with the Land Development Code and the Growth Management Plan. Pro: The subject site is designated Urban Costal Fringe on the FLUE of the GMP. This district permits residential & non-residential uses including boat houses. Con: None. Summar~ Conclusion: The proposed use is permitted within the Urban Costal Fringe District. This district recognizes that certain uses are important and a necessary part of a community. For that reason, this district is inclusive of accessory structures such as boat docks and boat houses. 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 and catastrophe. Pro: No change to the existing ingress and egress. Con: None. Summar~ Conclusion: The project's existing access should continue to operate adequately. -3- JAN 1 4 1997 ~o , Y , The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culninating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thu~ requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USES (- a. Consistency with the Land Development Code and the Growth Management Plan. Pro: The subject site is designated Urban Costal Fringe on the FLUE of the GMP. This district permits residential & non-residential uses including boat houses. Con: None. Sum~ar~ Conclusion: The proposed use is permitted within the Urban Costal Fringe District. This district recognizes that certain uses are important and a necessary part of a community. For that reason, this district is inclusive of accessory structures such as boat docks and boat houses. 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 and catastrophe. Pro: No change to the existing ingress and egress. Con: None. Summary Conclusion: The project's existing access should continue to operate adequately. -3- JAN 14. 1997 c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The subject site is located near the end of the cul-de-sac and has waterfront frontage of 222 feet on Caxambas Pass. Therefore, the proposed boat house will not block the views or have a significant impact neighboring properties. Con: None. Summary Conclusion: The project will not have an adverse effect by the way of noise, glare, economic or odor effects on the adjacent properties. d. Compatibility with adjacent properties and other property in the district. Pro: Since the boathouse is centered on the subject lot which is near the end of a cul-de-sac, it will not block views from adjacent properties. In addition, there are existing boathouses on the general vicinity. As a result, this conditional use will not set a precedent for other boathouses in the area. Therefore, compatibility with adjacent properties is not an issue. Con: None. S,~mm~ry Conclusion: The site is designated Urban Costal Fringe on the Future Land Use Map which permits single-family dwellings and accessory boat docks and boat houses as a conditional use. ~TAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-96-19 to the Board of County Commissioners with a recommendation of approval subject to the stipulations listed in the Resolution. -4- AGENDA ITEM~ JAN 1 ~. 1997 PREPARED BY: RAY B~LLOWS' PROJEC~ PLANNER REVIEWED BY: . ROBE~T J. MULHERE, AICP PLANNING SE~VI~CE.S MANAGER CURRENT _ DONAL~ W. ARNOLD, AICP. PLANNING SERVICES DLR~CTOR . vIN-C'ENT K. CAUTERO, ADMINISTRAT R COM~TJNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE Staff Report for the December 5, 1996 CCPC meeting. NOTE: This Petition has been advertised for the January 14, 1997 BCC meeting. COLLIER COUNTY p~O~ISSION: MICHAEL A. DAVIS, CHAIRMAN STAFF REPORT/CU-96-19/RVB/rb -5- JAN ! 4 1997 ~PPLIC~TION FOR CONDITIOI:~L USE REQU£ST~ f OETITION NO. .'- , ~ COORDINATING PLANNER:~DATE RECEIVED: Donald P. (DJ) Ricci, Jr. APPLICAJ~T N~4E (AGENT):Marc° Marine Construction PHONE: 941/394-8194 APPLICANT ADDRESS: PO Box 1247, Marco Island, FL 34146 PROPERTY OWNER (PETITIONER) NAME ~D ADDRESS*: Gene Lo h~_~ 412 Antigua St., Naples, FL 34113 PHONE: 941/642-7013 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECT!O~: 20 TO~4SHIP: 52S ~kNGE:.__~ Lot 20, Block 414, Marco Beach Unit 13 PROPERTY i.D. f: 5811324000/0 SIZE OF PROPERTY: 199.17 FT. X 197'x25'x296.53 FT. ACRES: .69 GENEraL L~CATION A.ND ADDRESS OF SUBJECT PROPERTY: 1351 Caxambas Ct., Marco Island, FL 34145 ZONING OF SUBJECT PROPERTY: RSF-3 TYPE OF CONDITIONAL USE REQUESTED: ADJACENT ZONING AND ~%ND USE: ZONING N RSF-3 $ RSF-3 N/A N/A EXISTING L~4D USE: Residential Boat House LAND USE Residential Vacant lot Street Caxambas Pass (water) -1- AGENDA ISEM, No. ~ JAN 1 4 1997 · NOTE: Staff recommendation to the PXannlng Commission and tho Planning commission recommendation to the ~oar~ of zoning AppeaXs shall be based upon the following criteria. Please respond to the following oriteria: Is this request consistent with the Land Development Code and Growth Management Plan? Yes 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and co~venience, traffic flow and control, and access in ca~e of fire .or catastrophe: Boat house will be constructed ov~r boat lift, _ within the side setback requirements of 15 feet, and the projection ~ecuiremen~ of 20 feet. There will be no additional problem with ~jl~tion; this property is located on the open Caxambas Pass. 3. The effect the conditional use would have on neighboring pr:parties in relation to noise, glare, ecouomic and odor effect. ~ w~]d b- n~ necative impact on ~eiqhboriD~ Dr°perties for noise, glare, economic or odor. Compa~tibilitv %,.ith adjacent properties and other properties in thc dist. ict. Boat house shelters have been constructed in the general vicinity, and were installed to add protection to the owner's boat. ] T $~URE OF PETITIONER · 08/29/96 DATE -2- JAN 1 1997 I, Gene Loggho being duly sworn, depase and say~a~Iam ~{~ owner of a proper y described herein and whiah i~ the subject matter of the proposed hearing; that all tile answer~ to the questions tn this application, and all sketches, data andlother supplementary mater attached to and made a part of this application, are honest ~nd true to. th~ best of =y knovledge and bell~i. ! understand this application aust ba co,pitted and accurate before a h~arinq can be ad¥or~lsed. I further ~ar~it Donald P. Ric¢i ~r. to a¢~ a~ my representative in any ~atters regarding this petition. The foregoing Agreement Sheet was ackn4wledged^befo, re me this -d~ da~ o~ .c4~~, ~,,~ ~ ~~ ~ ~ ,.,.ho.i, personally kno~n-t~ me oP ~ho has produced ~~A~tl~ ~~ as identifies,ion and vho did (did n~o~7~ -1- AGENDA N~. ~ JAN 1 4. 1997 4 $ 7 $ 9 10 11 1l 14 16 17 19 20 22 23 24 25 - 26 -- 27 28 29 30 31 32 33 34 RESOLUTION 96- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BOAT HOUSE CONDITIONAL USE "1" IN THE RSF'3 ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLIF. R COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 20, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~EREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statures, has conferred on Collier County the po~er to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and ~i~-REAS, the County pursuant thereto has adopted a Land Develcpment Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of part}cular geographic divisions of =he County, among which is the granting of Conditional Uses; and ~F. REAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Sec=ion 2.2.4.3. in an RSF-3 zone for a boat house on the property hereinafter described, and has found as a matter of fact (Exhibit that satisfactory provision and arrang6ment have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and ~£R~AS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. JAN ! 4 1997 PAGE 2 4 ? ~5 2O 24 25 26 27 28 ]0 34 ~NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APpr_A~$ of Collier County, Florida that: The petition filed by Donald P. Ricci, Jr., of Marco Marine Construction representing Cane Logghe with respect to the pr=~erty hereinafter described as: Lot 20, Block 414, Marco Beach Unit 4, as recorded in ?ia: Book Pages 92-99, of the Public Records of Collier County, Fl=rida. be and the same is hereby approved for Conditional Usa "1" cf Section 2.2.4.2. of the RSF-3 zoning district for a boat house in a===rdance with the Conceptual Master Plan (Exhibit "B") and subject == :he folloving conditions: The Planning & Technical Services Manager may approve =i~=r changes in the location, siting, or height of buildings, structures, and improvements authorized by the cond!ti=mal use. Expansion of the uses identified and approved within this ccnditional use application, or major changes to the si:s plan subhitted as part of this application, shall require the submittal of a new conditional use application, and aha11 comply ~i:h all applicable County ordinances in effect at the time of s'~mittal, including Division 3.3, Site Development Plan Review and a?proval, of the Collier County Land Development Code (Ordinance No. 91-102}. BE IT FURTHER RESOLVED that this R~solution be recorded in the minutes of this Board. PAGE 2 AOEND,~ IT~M~ No. ~ JAN 14. 1997 6 '7 9 10 ~2 13 14 16 1'7 18 2O 21 22 23 25 2';' '~0 ~4 Co~,./ssioner offered the foregoing Resolution and moved fo: its adoption, seconded by Commissioner &nd upon roll call, the vote vas: AYES: NAYS: ABSENT A~D NOT VOTING: ABSTENTION: Do,e this day of , 1996. BOARD OF ZONING APPF. ALS COLLIER ¢O~TY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JOHN C. NORRIS, CHAI.~v.~J~ APPROVED AS TO FOR~ AND LEGAL SUFFICIENCY: HARJORIE H. STUDENT ASSISTANT COUNTY ATTOR.N'='.f CU-96-19 RESOLUTION/184~? PAGE 3 AGE:ND& JAN 1 ,~ 1997 .,,. /.~' FINDING OF FACT BY COLLIER COUNTY PLANNING COM]~ISSION FOR A CONDITIONAL USE PETITION FOR CU-96-19 The following facts are found: 1. Section 2.2.4.3.1 of the Land Devlopment 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 Managemen: P~,~: Yes 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 & egress Yes --''No Ce 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 Based on the above findings, this conditional use should, with stipulations, (copy attached) (~,I~ ..~t) be recommended for approval .~-- FINDING OF FACT CHAIRMAN/18470 EXHIBIT AG£ND~ ~T~M~ · JANl .1997 · ' I EXHIBIT EXECUTIVE SUMMARY PETITION NO. V-96-7, BILL HOOVER OF HOOVER PLANNING SHOPPE AND MICHAEL LANDY OF BUTLER ENGINEERING, INC., REPRESENTING LEONARD AND WANDA RAICHERT, DARRYL $. AND CARMEL $. DAMICO, LEONARD L. AND LISA C. SANICE SWEENEY, COTTONGIM REALTY AND DEVELOPMENT CO. AND SID A. SKIDMORE, REQUESTING A 9 FOOT VARIANCE FROM THE REQUIRED FRONT YARD SETBACK OF 40 FEET TO 31 FEET ON LOT 28 AND A 3 YEAR DELAY FROM THE REQUIREMENT TO HOOK-UP TO EXISTING CENTRAL WATER FACILITIES ON LOT 28 FOR PROPERTY LOCATED ON THE NORTH SIDE OF GOLDEN GATE PARKWAY, AT THE NORTHEAST INTERSECTION ~)F GOLDEN GATE PARKWAY AND 55TM STREET S.W. IN GOLDEN GATE CITY, LOTS 28-31, BLOCK 219, GOLDEN GATE UNIT 6, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE :26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF l.$fi ACRES. (COMPANION TO PETITION PUD-96-5) OBJECTIVE: The petitioner is requesting a 9 foot variance from the required front yard setback of 40 feet to 31 feet on Lot 28 and a 3 year delay from the requirement to hook-up to existing central water facilities on Lot 28. CONSIDERATIONS: The subject property is located in the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Master Plan. The provisions of this district require a forty foot building setback from Golden Gate Parkway and central water availability prior to development. Currently, a duplex dwelling unit exist on Lot 28 and was built in 1987. The duplex is presently occupied and was built in accordance with the RMF-12 development regulations which required a front yard setback of 30 feet rather than 40 feet. The petitioner's duplex is setback 31 feet from Golden Gate Parkway and was constructed prior to the implementation of the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Master Plan. The Golden Gate Master Plan was adopted in 1989 and required a 40 foot setback from Golden Gate Parkway. Therefore, the petitioner is requesting a 9 foot variance from the required front yard setback of 40 feet to 31 feet in order to convert the existing duplex into a professional office/commercial use and comply with the architectural design standards of this district. The petitioner is also requesting a 3 year deferral from the requirement to hook-up to central water facilities on Lot 28. The petitioner concludes that it will cost approximately $37,000 (see enclosed cost analysis) to connect to the public water supply facilities and considers that an excessive cost. Central water availability prior to development is a requirement of the Golden Gate Parkway Professional Office Commercial District. Previously approved PUD's within this district were not granted such request It is staff's opinion that approving a 3 year deferral for connection to central water faci '~': ........ ,.~ AA.e--. special privilege that is denied to existing PUD's within this district. ~o. [~,l ia/ z JAN 1 4 1997 p~o . I The Collier County Planning Commission (CCPC) reviewed this petition on December 5, 1996 and voted 7 to 0 to approve the request for a 9 foot reduction to the front yard setback on Lot 28 fi.om 40 feet to 31 feet and also recommended approval for a 3 year deferral for Lot 28 to connect to public water facilities. FISCAL EHPACT: This petition by and of itself will.have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a ~uture fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off'-set the impact of each new development on public facilities. These impact fees are used to fi~nd projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental ~unds fi.om other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban Designated Area and in the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Master Plan. The provisions of the Golden Gate Parkway Professional Office Commercial District require a forty foot building setback fi.om Golden Gate Parkway and central water availability prior to development. The duplex dwelling unit constructed on Lot 28 was built in 1987 and is presently occupied. The duplex was built in accordance with the RMF-12 development regulations which required a front yard setback of 30 feet rather than 40 feet. The request for a nine foot variance applies only to Lot 28 due to the existence of the duplex on site prior to implementation of the Golden Gate Master Plan, justifying the request for a variance. New commercial and office buildings proposed on Lots 29-31 shall provide a 40 foot setback fi'om Golden Gate Parkway. The request for a 3 year deferral for Lot 28 to hook-up to central' water facilities is contrary to the development standards set forth in the Golden Gate Parkway Professional Office Commercial District. In staffs opinion, approving such variance would confer a special privilege that is denied to existing PUD's within the Golden Gate Parkway Professional Office Commercial District. HISTORIC/ARCHAEOLOGICAL IMPACT: archaeological probability as referenced on the official Collier County Probability M~ Historical/Archaeological Survey and Assessment is required. ,.qtaffs analysis indicates that the petitioner's property is located outside an area of historical and T1~.r~.fhre no AGENDA ITEM.. ,JAN 1 4 1997' PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve the request for a 9 foot reduction in the front yard setback on Lot 28 from 40 feet to 3 ! feet and approve the request for a 3 year deferral to hook-up to central water facilities on Lot 28. PREPARED BY REVIEWED BY: V-96-7 EX SUMMARY/md 3 dAN 1 4 1997 ACENDA ITEM MEMORANDUM TO: COLLIER COUNTY PLAuNNING COMMISSION FROM: CO,SvflVl'b,n~TY DEVELOPMENT SERVICES DIVISION DATE: NOVEMBER 6, 1996 RE: PETITION NO: OWNER/AGENT: V-96-7 t, COMPANION TO PUD-96-5) Agent: Bill Hoover. AICP Hoover Planning Shoppe 2223 Trade Center Way Naples, Florida 34109 Michael J Landy, P.E, Butler Engineering, lnc 2223 Trade Center Way Naples. Florida 34109 Owner. Lot 28. Leonard and Wanda Raichen 5349 Golden Gate Parkway. Suite B Naples, Florida 34116 Lot 29: Darryi J and Carmel J. Damico 2121C.R 951, Suite 103 Naples, Florida 34116 Lot 29 Leonard L. and Lisa C. Swirda and Janice Sweeney P. O. Box 8532 Naples. Florida 34101 Lot 30: Cottongim Realty and Development Co. Virgil L. Cottongim. President 2301 C. R. 951 Naples. Florida 34116 Lot 31 Sid A Skidmore "l'r~6 Ellin,,ton Avenue Weslon Springs. Illinois 60558 A O E'.N_ D~A LT.rM, JAN 14 1997 VAPiANCE sKETCH center pUD the proposed jocorond° . t 28 of sc~,uc "'~ ~ For 30 ~ / / ~ _/~JtilitY Esmt. ~oss~ 11 ~e_ r~ o ~.n' Fr~~ · ~ ~ ~ ~ ~xistm9 - -~o ~ ~ c · ~st~° _.uirema ' ,errol · ~ I ~ - --~KOX"" ~ t ~ ~ ~ A ~e 'he ex -f the ~ Arco the r / £XHI~T "C" StiR~,£Y/TOlSO/£X1~$T~NG LAND t1SE 1997 The petitioner is requesting a .5 acre variance from the required 2 0 acre requirement to !.5 acres; a 9 foot reduction in the required front yard setback of 40 feet to 31 feet on Lot 28; and a 3 year delay from the requirement for all commercial businesses to hookup to existing central water fadlities. E RAPH L Al'ION: The proposed project is located 'within the Golden Gate Parkway Professional Office Commercial District, on the north side of' Golden Gate Parkway, at the northeast intersection of Golden Gate Parkway and $5"' Street S.W.. in Golden Gate City, Lots 28-31, Block 219, Golden Gate Unit 6, in Section 28, Township 49 South, Range 25 East. consisting of' 1.5 acres (See illustration on the following page). ~)T~RPOS£/D£$CRIPTION OF PROJ£CT[ The subject 1.$ acre site does not meet the minimum tv,.o acre size requirement as required by the Golden Gate Parkway Professional Office Commercial District. Also the existing duplex dwelling unit on Lot 28 is setback 31 feet from Golden Gate Parkway. and in accordance with the Golden Gate Parkway Professional Office Commercial District development standards a minimum setback of 40 feet is required. Additionally, the petitioner is requesting a 3 year deferral from the requirement to hookup to central water facilities SURROUNDING LAND USE AND ZQNING: Existing: 5urrou?ding: North - Fast The subject property is zoned ILM]:-I2 and with the exception of a duplex dwelling unit existing on Lot 28, the remainder of the subject site is undeveloped and absent of vegetation Property to ]he north is zoned R.M]:-6. A majority of the property is developed with single-family and duplex dwelling units. To the east the property is zoned undeveloped and is located in the Golden Gate Parkway Professional Office Commercial District. AG£NOAJT£M No./~..~ JAN 14 1997 South - Golden Gate Parkway (CR-886) right-of. way fronts the subject property. Across CR- 886 the property is zoned PUD (Parkway Center and Parkway Place) for professional office and commercial use. The subject property is undeveloped. West- $5'h Street S.W. right-of-way fronts the subject property. Across the street is the Santa Barbara Square commercial shopping plaza, presently zoned C-4 and developed. GRO",VTH MANAGEMENT PLAN CONSISTENCY: Staff has reviewed this request for consistency with the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan (GMP) and provides the following analysis: The subject property is located within the Urban Designated Area and in the Golden Gate Parkway Professional Offce Commercial District of the Golden Gate Master Plan. The provisions of the Golden Gate Parkv,,ay Prot'essional Oftice Commercial District require a two acre minimum project size; a fort)' foot building setback from Golden Gate Parkway; and central water availability prior to development According to Mr Hoover, the owner (s) of Lot 27 to the east is unwilling to participate in this rezoning request~ Right-or:way is contiguous to the sites southern and western property boundaries, and to the north is developed residential property located outside the Golden Gate Parkway Professional Office Commercial District. Based upon this information, staff considers the subject property an "isolated lot", which makes it eligible to request a variance from the minimum 2.0 acre requirement of the Golden Gate Parkway Professional Office Commercial District The duplex dwelling unit constructed on Lot 28 was built in 1987 and is presently occupied. The duplex was built in accordance with the RMF-12 developmem regulations which required a front yard setback of 30 feet rather than 40 feet The request for a nine foot variance applies only to Lot 28 due to its existence on site prior to implementation of the Golden Gate Master Plan, justifying the request for a variance. New commercial and offce buildings proposed on Lots 29- 31 shall provide a 40 foot setback from Golden Gate Parkway. The request for a 3 year deferral to hookup to central water facilities is contrary to the development standards set forth in the Golden Gate Parkway Professional Office Commercial District. In staff's opinion the variance request is deemed inconsistent with the Collier County Grow'th Management Plan and development regulations specified in the Golden Gate Master Plan. NO. ~ JAN 1_ 1997 Pl. r ~ ! T RI /AR HAE LO ! AL IMPA · Staffs analysis indicates that the petitioner's property is Iocaled outside an area cf historical and archaeological probability as referenced on the official Collier County Probability Map Therefore, no Historical/Archaeological Survey and Assessmenl is required ~EVAL~ATION FOR INFRASTRUC'r~R£: ENVIRONMENTAL~ TRANSPORTATION AND Approval of this variance request will have no etTect on infrastructure, transportation or environmental concerns. 6NALY$1S: Section 2.7.5 of'the Land Development Code ~rams tile aud~orily to the Board of Zoning Appeals to grant variances. The Planning Commission is advisor' to the BZA and utilizes the provisions of Subsection 4 (a) through (f) which are general guidelines to be used to assist the Commission in making a determination. Therefore for the purposes of li~is staff report, staff will address the request for a variance to the 2.0 acre minimum requiremenl due to its eligibility as an "isolated lot"; request for a variance to the 40 foot setback from Golden Gate Parkway due to the existence of the duplex on Lot 28 prior lo implementation of the Golden Gale Master Plan. and request for a 3 year deferral to hookup to central water facililies Responses to items (a) thru (f) are as follows: Are there special conditions nmi circt,mSlnnCeS existing which are peculiar to the location, size and characteristics or the hind, structure, or building involved and which are not applicable Io the same degree or exten! to the lands, structures, or buildings in the same zoning district? Yes, The subiect proper~y consists of four individually owned lots comprising of acres. The property is bounded on the south and w'est sides by right-of-way Property to the north is located outside ll~e Golden Gate Parkway Professional Office Commercial District and tl~e property owner (s) to lhe east is un,,.illing to participate in this rezoning request. Therefore, staff' considers the property an "isolaled lot" which makes it eligible to request a variance fi'om d~e ~wo acre minimum project size requirement. Yes. The duplex dwelling unit developed on Lol 28 was built in 1987 in accordance with the PdviF. 12 development regulations The Golden Gate Master Plan was adopted in 1989 and required a 40 foot setback from Golden Gate Parkway Therefore, the petitioner is eligible to request a 9 foot variance from the 40 foot setback requirement to 31 feel bo ee No. Central water availability prior to development is a requirement of'the Golden Gate Parkway Professional Of~ce Commercial District. Previously approved PUD's within this district were not-granted such request. It is staffs opinion no special conditions or circumstances exist to approve such request. Are there special conditions and circumstances which do not result from the action of the action of the applicant? 1. Yes. The petitioner can not assemble and aggregate enough property adjacent to the subject site to encompass the minimum two acre requirement. Yes. The petitioner's duple~c is setback 31 feet from Golden Gate Parkway. The duplex was constructed prior to implementation of' the Golden Gate Parkway Professional O~ce Commercial District 3. No. The petitioner concludes that it will cost approximately $37,000 to connect to the public water supply facilities and considers that an excessive cost. Will a literal interpretation o1' the provisions of this Innd Development Code deprive the applicant of' rights commonl,v enjoyed by other properties in the same zoning district under the terms ot' this Zoning Ordinance and work unnecessary and undue hardship on the applicant? ~ o I However, this petition is in the besl interes~ of the public at large in that it will provide a professional of~ce complex and low intensity commercial district within the Golden Gate Parkway Professional or, ce Commercial District as designated by the Golden Gate Master Plan, and se~'e as a bona-f~de entr)~va>, into Golden Gate City. Will the variance, it' granted, be the minimum variance that will make possible the reasonable use of the land, buildi,tg or structure? Yes. This variance, it'approved, will be the minimum variance that will make possible the reasonable use of the subject property to provide a prof'es~ional office complex with Iow intensity commercial uses. Will granting the variance requested confer on the petitioner an), special privilege that is denied by these zoning reg~,lations to other lands, buildings, or structures in the same zoning district? AGENDa. JAN ! 1997 No. Technically, the petitioner could build 4.plex dv, elling units on each of' the subject KMT-I2 lots. However, because the property lies within the Golden Gate Parkway Professional Of~ce Commercial District, the Golden Gate Master Plan requires a two acre minimum project size; a 40 foot setback f'rom Golden Gate Parkway. and central water availability. Staff has deemed the subject property as an "isolated lot" which makes it eligible to request a variance from the standards of the Golden Gate Parkway Professional O~ce Commercial District. Also. the existing duplex was built in accordance with the RMF-12 zoning regulations prior to implementa6on of the Golden Gate Area Master Plan. However, approving a variance request for a 3 year deferral for connection to central water facilities would coot'er a special privilege that is denied to existing PUD's within this district. Will granting the variance be in h,qrmo,) ~ith the general intent and purpose of this Land Developmen! Code, a,d ,Ol be i,j,rio,s to the neighborhood, or otherwise detriment,ql to the p,blic ~'ell'are? It is statTs opinion that the request for the reduction of' proper~y size from 2 0 acres to 1.5 acres, and a 9 toot reduction in the front )'ard setback of 40 feet to 31 feet on Lot 28. considering the unique nature of' the subject pe:it~on, will be keeping with the general intent and purpose of' the Land De~elopmem Code and will not be injurious to the neighborhood or otherwise be detrimental to tile public welfare Start is of the opinion that the request for deferral to hookup to central ~a:cr is inconsistent with the Golden Gate Master Plan and developmen~ regulations setfonh in the Golden Gate Parkway Professional O~ce District. hov, e~.-er it ~,i]l not be injurious to the neighborhood or detrimemal to the public welfare g. Will granting the variance be ¢onsiste,, ~ith tile Growth Management Plan? This petition is for a reduction in tile proiect size t'rom 2 0 acres to I .5 acres; a 9 foot reduction in the front yard setback on Lot 25 f'rom 40 feet to 3 i feet. and a 3 year deferral to hookup to central water facilities. The s~bjec: proper't>' is designated Urban (Urban- Mixed Use District, Golden Gate Parkway Professional Or, ce Commercial District) on the Golden Gate Master Plan of the Growth Management Plan Staff considers the subject property an "isolated lot" which makes it eligible for a variance request, and the existing duplex dwellin!~ unit was buih prior to implementation of the Golden Gate Master Plan. A review by appropriate staff'has indicated that this petition has been designed to account for the necessary relationships dictated by the Golden Gate Parkway Professional Office Commercial District and the Growth Management Plan. Therefore. these requests are deemed to be consistent with the Growth Management Plan However. the request for deferral to hookup to central water facilities is deemed inconsistent ~ith the Golden Gate Master Plan and Collier County Grov, lh Management Plan. JAN It 1997 TAFFRE MMENDAT! N: Staff.recommends that the Collier County Planning Commission (CCPC) forward Petition V-96-7 to the Board of Zoning Appeals with a recommendation for approval for the reduction in property size from 2.0 acres to 1.5 acres and a variance request for a 9 foot reduction in the front yard setback on Lot 28 from 40 feet to 31 feet. Staff.recommends that the CCPC deny the request for a 3 year deferral for the subject property to hookup to central water facilities. PRSPARSD BY: RSVIEWED BY: RC~BL~T ]. ~I.~L~RS, AICP .__C_..~URKENT PLANNING M~NAG~ DONALD W. ~N'OLD. AICP PL~G SERVICES DE TMENT V~CENW A. CAUTERO. ADMINISTRATOR CON~ITY DEV. ~ ENVIRONN~NTAL SVCS. Petition Number V-96-7 Sta~Repon for December 5, 1996 CCPC meedng NOTE: This Petition has been advertised For ~l~e Janua~ 7. 1997 BCC meeting COLLAR CO~TY P~G CON,MISSION: MICHEL A. DAVIS. CHAPMAN DATE DATE V-96-7 STAFF REPORT/pd AGENO& rr, EM. No. 13/,'1.1 JAN 1 1997 FLORIDA CITIES WATER COMPANY F. UI MEMORANDUM DATE: April 2, 1995 TO; Frank D~.llt,~ve FROM: SUB.I: Cost Estimate Lot 28, Block 219, Ootdcn Gate . _. __ Frank, we Mvo reviewed the above referenced lot and location of our f.,cilities. The following is our estimated costs for water and w~tewater for this site. This estimate does not include piping after ',.he meter z. nd sewer service. War,tm,Mn- ~ attached drawing of existing system and proposed mains: $* PVC C-900 DR-18 v, atermain 600 LF X $$0/LF =S30,000 lack and Bore, 30 LF X 120 $/LF - Fire Hydrant ~d Valve -each = $I,$00 Meter Assembly -each = $ 500 Main Ending = S 500 Estimated COST - watermain =$36,400 Wastew'a:er- this an ~ticilrated FCwC pump station with conn~:tion to forccmain in front of the lot. Pump Station Ma. stem~aaholc Forcemain and Tap on tho main Estimated COST - v.~tewater =$55,000 = $3,000 "$2,000 The cosl of construction is Mgh in Golden Gate~ due to tM shnllow rock ~nd groundwater in Golden Gate. . AGr.Np~ ~T~, JAN 1 ~ 1997' ~R- 3-96 8:5B GOLDkN (,,;A'I'I:. likAL'IY IHt; tflx WATER COMPANY r. uI MEMORANDUM DAT~: April 2, 1996 TO: Fr~k Ddlecave FI~OM: Oar~ I~ng ~ SUB,h Cost Estimate Lot 28, Block 219, Golden Gate .,.,~_ Frank, we have reviewed the above referenced lot and location of our facUitie.s. The following is our c.~imatecl costs for water a~d w~stewate, r for this site. This estimate does not ~nclude piping after the meter and sev,'er scrvi¢,e. Watenn,tLn- sec attached dawing of existing system and Proposed m~ins: $' PVC C-900 DR-IS watermain 600 LF X SS0/LF =$30,000 lack and Bore, 30 LF X 120 $/LF - $3,600 Fire Hydrant and Valve .-~ach = $I,$00 Meter Assembly -each ,= $ 500 Main Ending = $ 500 Estimated COST - w-attrmain -, ,-. ',- =$36,400 Was~¢wa:er- this an anticipauxl FCwC pump sta6on with conno:tion to forecmain in front of thc lot. Pump Stat/on Masterma. nholc Forcemain and Tap on tho main Estimated COST - wa.stcwater =$$$,000 -$3OOO -'. $2,000 The cost of construction is high in Golden Gat~ duc to the shallow rock tnd groundw'ator tn Golden Gate. · ,lAN 1 4 1997 'HOOVER PLANNING SHOPPE R~onings, PUD's, Site Planning, Affordable Hag., Traffic Impact Studies Conditional Uses, ROtt~ Takings & Variances (in Collier & Lee Counties) December 4, 1996 TE F R I N D X 28 Three Year Deferral Requested for Items Shown in Bold e 'i t'i 'i $15,000. Exterior chang.es including paving, landscaping & pedestrian pockets $5,000. Interior changes and accessibility for disabled within building $7,000. County and consultants' fees/costs ~ Estimate for il r ofwasfr mKin R fin * $36,000 Total for Site and Building Changes *Does not include any costs ofbeefmg up the trusses to support extra weight oftile e ' i t r mrvmnt $36,400. Public water extension per letter from Gary King of Florida Cities $17,000. Public sewer hookup via small grinder station per Mike Landy, P.E. 20 0 ' - I rat' ' i ' 1 ' ' ' v i wal $65,400. Total for lnfrastmctural Improvements $101,400. Total estimate of Conversion Costs es 54 0 u ed t ' ' $56,000. Conversion Cosis at this Time With Approval of Defferred Costs 2223 Trade Center Way, Naples, Florida $3942 Phone 941.$94-8262 HOOVER PLAJVNING SHOPPE Re,..anings, PUD's, Site Planning, Affordable Hag., Traffic Impact Sntch'e$ Conditional Utes, ROW Takings & Variances fin Collier & Lee Counties) December 4, 1996 TLMA F T F R NX,'E I FD E 28 Three Year Deferral Requested for Items Shown in Bold 'ti' ' i $15,000. Exterior chants including pav~g, landscaping & pedestrian pockets $5,000. Interior changes and accessibility for disabled within building S7,000. County and consultants' fees/costs $9000. Lowest Estimate for tile roofwas from Kin~ $36,000 Total for Site and Building Changes *Does not include any costs ofbeeting up the trusses to support extra weight of tile Cost~ ' in fnfr t ct ral m r vemn $36,400. Public water extension per letter from Gary King of Florida Cities $17,000. Public sewer hookup via small grinder station per Mike Landy, P.E. 12 00 ' - ecler ' ' t i .... Ivr idw · $65,400. Total for Ir~astructural Improvements $101,400. Total estimate of Conversion Costs ............ 4 400 ' $56,000. Conversion Costs at this Time With Approval of Defferred Costs 29 Mar 1996 KING ROOFING SERVICE INC. 5911 Taylor Rd. Naples, Fiorlda 33942 Phone - (941) 598-2414 Fax (941) 598-3745 6-0326431JH Hr. Robert Davidson 5349 Golden Gate Pky. Naples. FL 33999 (941) 774 0339. night 455-3694 R W OWN C H N E-JO 1) Remove all existing roofing materials, underlayments and related metal flashings from roof. 2) Nail down double layer of single-ply 30 ~b. saturated felt dry in. 3) Install new 26 ga. galvanized or roll lead flashings as applicable. Eave metal pre-painted . 4) Install new lead boot soil stack flashings. ARV hoods & 3 off-ridge vents. 5) Install lx2 pressure treated wood battens nailed to roof deck. 6) Install LIFETILB, Standard Colonial or Capri cement roofing tiles nailed to battens, o , (Limited Lifetime Warranty) 7} Hud in all trim tile with matching colored mortar mix. All taxes, permits and related dumping fees are included. All installations and materials to meet or exceed city, county and manufacturers specifications. RE A ABOR WA Additional labor for carpentry, or items NOT included in this contract, will be char~ed a~ hourly rate of $ ~.__..~__==_ plus material WE PROPOSE to furnish labor and material in accordance with above specifications, for the sum of Bight Thousand Seven Hundred TWenty-three and 00/100 Dollars($8.723.OO ). Payments to bemadcas follows: 35% Upon Acceptance / 35% a~ Tile Load / Balance ACCEPTED. The above prices, spectflcaUons and cond|tlon~ are satisfactory and are hearby accepted. You are authorized to do the work as specified. Payment will be made as outlined abovt, l'h~ will be added over 30 days. KiN~ ~,e of Acceptance ~rr¥ Eende N~e: Thf~ prq~amJ ma}' be wtthdra,~n by ca By State Reg. C.£ Respectfully submitted, :so,lAN 11 1997 Proposal Proposal JOHN E. ROGERS ROOFING, I~TC. 680 18th Street S.E. Sheet No. Nap]es, Florida 33964 STATE LICENSE NO: CC-C051536 Proposal Submitted To Street ~ State '~ ~' Telephone Number ¢-'~'-~' - We, hereby propose to furnish all the materials and perform all the labor necessa for the co Work To Be Performed At Street --, City~ State ,z.-~__.:~.~ Date of Plans ------._._ .Arc~itec~ All material is guaranteed to be as specified, and lhe above work lo be performed in accordance w~lh the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for Ihe sum of wilh payments Io be made as follows: Dollars ($ J '.."~'. .'~ . '\ , .. .. ,-. , ./"' '~ '.. t ~. Any alteration or deviation from above specifications involving ex~ra costs, will be executed only upon written orders, and wi~ become an exlra charge over and above the estimate. All agreements contingent upon slrikes, accidents or delays beyond our conlrol. Owner to carry fire, lornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be laken out by_ Should contractor hire an atlorney Io collect monies due under this contract or enforce any other obligations or condit~ incumbent upon customer/owner arising out of this contract on the project thereunder, then in addition fo any award made by a Cour~ of competent jurisd~ion for damages, contractor shall also be ent~led Io recover from cuslomerlowner a reasonable attorney's fee and all Court costs incurred. A charge of 1 ~h% per month will be.added to all past due invoices. Respe(~tful/ys~bmitl~.: /~.//u.'T.~ ._. ' - P'er '1'~//. /t ', '..,. ~ ,, ,":,/ . Note. This proposal may be withdrawn by us if nol accepted w.ill~indays~ ACCEPTAN(~'~ OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are author[zed to do lhe wo~ as specified.____.__: Payment will be made as oullined above. Accepted Signalure Date Signature HOOVER PLANNING SHOPPE Rezonlngs, PUD's, Site Planning, Affordable Hsg., Traffic Impact Studies Conditional Uses, ROW Takings & Variances fin Collier & Lee Counties) NATURE OF VARIANCE PETITION RE: JACARANDA CENTER PUD April 2, 1996 The subject project is 1.5 acres in size and is composed of 4 lots, with each lot b~ing owned by separate parties. The three western lots (Lots 29 - 31) are vacant and the eastern lot (Lot 28) is developed with a 2-unit condominium. The 2 owners of Lot 28, and their families, currently reside in these 2 residential units. The entire project will need a variance for minimum project size for a proposed PUD Rezoning. Additionally, the 2- unit condominium on Lot 28 (a well-maintained, attractive, and newer structure) will need to receive a variance in order to be converted to an office building. Per the Golden Gate Area Master Plan, we may petition the Board of Zoning Appeals regarding their development standards, "when owing to special conditions peculiar to the property literal enforcement of these standards would result in unnecessary and undue hardship." Since the Professional Office Commercial District of the Golden Gate Area Master Plan requires at least 2 acres for project size, we are requesting a variance of .5 acre. These lots were all purchased and the condominiums constructed prior to the redesignation of this property to the Professional Office Commercial District of the Golden Gate Area Master Plan. For the existing condominium project on Lot 28, we are requesting a variance for the following items: 1) A 9 foot reduction in the required front yard setback of 40 feet to 31 feet, since 31 feet is the setback of this existing building. 2) A temporary waiver of the tile roof requirement, from the time of conversion to office or commercial uses to 5 years from the date of this PUD Approval or until a new roof is installed, whichever is sooner. (A new roof was just installed several years ago and provides an attractive appearance. Two front-angle pictures portray this and are attached.) 3) A temporary deferral from the requirement to hookup to central water, from the time of conversion to 3 years from the date of PUD Approval or within 90 days of when central water lines are constructed on the north side of Golden Gate Parkway adjacent to any of lots within the Jacaranda Center PUD, whichever is sooner. Currently two private wells are being utilized on the site plus a septic system. The structur~-~ be connected to public sewer at the time of conversion commercial or office uses. · JAN 1 2223 Trade Center Day, Naples, Florida 33942 Phone 941.$9~8262 Fax. 941-$~ .152~f. Jacaranda Center PUD Variance Petition Page 2 April 2, 1996 Gary King, P.E. of Florida City Utilities, estimated that it would cost the Lot 28 property owner $96,400. for hookups to both central water and sewer, not including the costs for consulting fees, permitting fees, and impact fees. (His cost estimate is attached.) Review Criteria Staff and the Collier ~ounty Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the following listed criteria. (Comments from the petitioner follow each of the listed criteria.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the LANDr STRUCTURE OR BUILDING involved and which are not applicable to the same degree or extent to the lands, structures or buildings in the same zoning district? Regarding the project size are the following factors: To the north are residential lots that are not within the Golden Gate Professional Office Commercial District. To the south is Golden Gate Parkway and to the west is 55th Street SW. To the east is a parcel, whose owner has indicated several times that they were not interested in a joint rezoning of their parcel. Additionally, it took over 1 year to aggregate the owners of all 4 parcels into this joint rezoning. I believe the 2-story condominium on Lot 28 was constructed in 1986 or 1987 and likely the most attractive, existing structure in the Golden Gate Professional Office Commercial District. Additionally, it is larger than the other ~tructures, 3226 sq. ft. versus about 2400 sq. ft., for the 2 triplexes Just across the Parkway. Darryl Damico, the owner of the 2 triplexes previously indicated that removing the triplexes and constructing new commercial or office buildings would be in his best interest.. The only other structures within this District besides a child care facility (the 2 duplexes at the southeast corner of Santa Barbara Blvd. and Golden Gate Parkway) are not feasible to be converted, based on a site layout analysis. Hence, this is the only feasible existing structure within this District for conversion. 2. Ara there special conditions and circumstances whi result from the action of the applicant? JAN 1991 ,,,. ,,Z/ Jacaranda Center PUD Variance Petition Page 3 April 2, 1996 Approximately 6 years ago the Golden Gate ;%rea Master Plan was amended to add a Professional Office District along both sides of Golden Gate Parkway. It was felt that professional offices would better serve the area than having additional duplexes or triplexes constructed. The Golden Gate Area Master Plan states that this District has 2 purposes: to serve as a bona-fide entry way into Golden Gate City and to provide a community focal point and sense of place. To guide development within this District, the Land Development ~ode created an overlay district with about one dozen development standards. I believe the key purpose of the minimum project size requirement is to create a high quality, homogeneous corridor along Golden Gate Parkway. We have agreed to many common developmental standards which will ensure that the Jacaranda Center PUD will have a similar architectural style, pedestrian pockets and the same stringent landscaping standards as the other 4 previously approved PUDs within this District. Additionally, only a single access for the project is requested, that being onto Golden Gate Parkway. The 2-unit condominium building on Lot 28 was constructed when duplexes, triplexes and quadplexes were commonly being constructed along the Parkway in the 1980's. The current property owners purchased these 2-units at that time. The current development standards within the Professional Office Commercial District are so stringent that they have not allowed a single building to be constructed within this District, since the District was created about 6 years ago. 3. Will a literal interpretation of the provisions of the Land Development Code deprive the applicant of a right or rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning code and work unnecessary and undue hardship on the applicant? Denial of the variance for project size would require that the property remain RMF-12 and a reasonable use of the vacant lots with RMF-12 Zoning would allow triplexes to be constructed on each of the lots. Additionally, the 2-unit condominium would remain on Lot 28. Other lots within the same land use designation would have rezoning rights that would then not be possible for these 4 lots. A denial of the variance requests dictate that the owners of such lot withdraw from this request. Without the reduction for the front setback th, for Lot 28 would probably rezo~/x~ JAN 14 1997 Jacaranda Center PUD Variance Petition Page 4 April 2, 1996 structure would have to be torn down to construct a new building and the current use of the building and land is worth substantially more than the vacant land would be for office and light commercial uses. Denial of the temporary deferrals for the tile roof and central water will likely result in the building remaining as a residential structure until such time that the central utilities can be much more economically installed. Hence, the building would still be there with well water, septic tanks, and the existing asphalt shingle roof. 4. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure? Yes, approval of the variance as requested is the minimum variance necessary so that the 3 vacant lots could be developed as designated within the Golden Gate Area Master Plan. Denial of the variances for Lot 28, would force the owners of Lot 28 to withdraw from this rezoning petition and to likely move-out (the property has been unsuccessfully "For Sale" since 1994) and utilize the condominium project as a duplex rental unit. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district? No, the petitioner is requesting the same privileges as possible for the other property owners within the Golden Gate Professional Office Commercial District. The property owners of the other structures within this District, previously did not object to or request a waiver of the County staff's suggested tile roof requirement since they felt it made more economic sense to remove their relatively small duplex and triplex buildings and construct new larger commercial buildings on the sit~. The owners of the other structures within this District are renting out their structures as apartments, which minimizes their need for a temporary waiver of the central water, and the water is available about 150 feet south of their lots along the north side of 29th Place SW. (The residential lots have side yard utility easements which should allow the water lines to be constructed therein.) Water availability is about 500 feet away for Lot 28 and 55th Street SW would likely have to be "jack and bored" to get the water lines beneath this street (an expensive procedure for constructing underground utilities). 6. Will the granting of this variance be in harmony general intent and purpose of this Land Development Cod JAN ! 4 1997 . .,. Jacaranda Center PUD Variance Petition Page 5 April 2, 1996 be injurious to the neighborhood, or otherwise detrimental to the public welfare. A careful review of our proposed PUD Master Plan and PUD Document indicates that the project will exceed the general intent of the Golden Gate Professional Office Commercial Overlay District of the Land Development Code. The project is proposing more stringent landscaping,.than even required by this strict Overlay District, which will make this project very harmonious with the neighborhood and a significant asset for Golden Gate City. Based on my professional experience while preparing 5 PUDs within this District, actual development within this District has been non-existent due to the high cost of providing the required infrastructure, compared to the possible return generated from the typical owner's 1/3 acre light commercial or office site. For the first property to be developed or converted within a PUD, the owner must typically construct a deceleration lane with joint access driveway, extend water lines to the site (in some cases the water system may also have to be looped to another existing water line after the line extension), extend the sewer line and construct a very expensive lift station. These types of infrastructure improvements work for a medium or large-sized project, since the costs can be dispersed throughout the site, but not for a 1/3 acre parcel with only light commercial or office uses. Hence, approval of the variance for Lot 28 might "jump-start" this District because the temporary deferral of the costs for the water line extension and tile roof should allow a purchaser for Lot 28 and its existing structure to pay for the deceleration lane, building and site improvements, and the expensive lift station. By having the owner of Lot 28 make these improvements, it should also promote one of the other lot owners within the Jacaranda PUD to extend the water line adjacent to their lot, which would then require the owner of Lot 28 to further extend it to Lot 28. Without some assistance from the County staff, County Commissioners, or Florida Cities Utilities, this high quality District will likely not turn into reality in the near future. As evidence, no construction has taken place on any of the lots within this District for the 6 years it has been in existence. It AGENDJ, IT~.M % JAN 14 1997 Jacaranda Center PUD Variance Petition Page 6 February 16, 1996 seems logical to promote this District that will provide quality development similar to the very attractive median landscaping, that the County has installed within the middle of this District. Sincerely, HOOVER PLANNING SHOPPE Bill Hoover, AICP File #117-A20 JAN l& lg97 VARIANCE EXHIBIT Tl~e plctL,res belox~ portray the ex,StIng 2-umt cendon.,lmn~ on Lot 2R The front oflhls structure faces tile southx~est The p,cture on the top ~ ~e~s the structure from the south wilde the p~cture on the bo. om v~ews the structure from the east (The v~ew of the roof on the top p,cture shows the roof'a hshter shade than the other picture due. ~o tile afternoon sun ) 1997 ~'or V^PIANCE SKETCH pUD proposed jacaranda Center N the 30 / moge/Utili y E ' ~ ~ /~ , ~ ~fO~ded .-'" '"' ~ \ For f'u lure etlon I I Cross ,, o \ ~ Arco ; ~ '~' ~ EXJSt"'.~ rondo ~ . ',~ ir ~t; lef~r°' t .~ ~ 2-Un~t ~:motely ~ ~ x ~ ' ~. sting._ ~ · ,hot the prep .... ~ / ._ ~ly ~n~ _..oble ~ ,- o po~ _..~u RESOLUTION 2 3 RELATZNG TO PETZTZON I~UI~ER V-9&-?, FOR A VARZA~CE ON PROPERTY 4 N£R£ZNAFTER D£SCRZBED ZN COL~.ZE~t COUNTYt F~RZDA. 5 ~S. ~he ~gisla~ur~ o~ ~e S~a~e o~ Florida in 6 125, Florida S~a~u~es, has conferred on all Counties in Florida 7 po~er ~o establish, coordinate and enforce zoning and such ~s~ness 8 re~a~ions as are necessa~ for ~he projection of ~he public; and 9 ~S, ~h~ Count~ pursu~ ~here~o has adopted ~ ~nd 10 Dev~lop~n~ Cod~ (Ordinanc~ ~o. 9~-~02) ~h~ch establishes I~ for ~he zoning of par~ar qe~raphic d~v~sions of ~h~ County, a~ong constituted Board of ~he area htr~b~ affected, has h~ld ~ public h~arinq a~r no, ice as ~n said re~la~ions ~ad~ and provid~d, and has foo~ fron~ ~ard setback ~o ~1 fmm~ for ~ 2S and a 3 ~mar dmfm~al ~o hook up ~o a public wa~er suppi~ for ~ 28. as provided for ~n GoIden Ga~e Parkwa~ Prof~ss~onai Offlcm Co~rclal Dls~rtc~ of ~he Go~d~n Ga~e Has,er Plan EIemen~ of ~he ColIl~r County 21 Hana~emen~ Plan and as shown on ~hm a~ached pio~ plan~ E~ibl~ 22 tn a "~F-12- zonm for ~he prop~r~ her~inaf~er d~sc~l~d~ a~ has 23 found as a ma~er of fac~ ~ha~ sa~isfa~o~ provision and 24 have b~en mad~ concern~n~ all applicabl~ ma~m~s rtquIrmd by said 25 reguia~ons and In accordanc~ w~h Section 2.~.~ of ~h~ Re, la,Ions of said ~nd Oeveiopmen~ C~ for ~h~ uninco~ora~ 27 of Coii~er Coun~y~ and 28 ~ER~S. all ~n~r~s~d par~ims h~v~ b~en given op~r~unl~y 29 heard by ~h~s Board ~n public ~ee~ing assembled, mhd ~h~ Board h~ving 30 conside~ed all na~e~s p~esen~; ~o~ T~EFO~E BE IT RESOL~ BY ~E BO~ OF ~OS~NG APP~ 32 Collier Count7, F~or~da~ 33 T~e pe~ion V-96-? f~led by ~l~a= L. Hoover. ~ZCP. of 34 Planning Shoppe. representing Ro~r~ ~. mhd ~lliam H. PAGE AGEND& I~EM.~ JAN 1 1997' P,... ..mm.m... 2! 22 24 25 26 27 28 I Daffy1J. and Camel 3. Danico, Lisa C. and I~onard L. Svtrda, 2 Janice Sweeney, Virq£1 L. ¢ottonqin and Sld A. Skidmore, with respect 3 to the property hereinaftar described as= 4 Lots 28-31, inclusive and the southerly 1/2 of the vacated 20 foot 5 alley, Block 219, Golden Gate Unit 6, as recorded in Plat Book S, 6 Paqes 124 throuqh 134, of the Public Records of Collier County, ? Florida. 8 be and t~e same hereby is approved for a 9 foot variance to the 9 required 40 foot front yard setback to 31 feet for Lot 28 and a 3 year lO deferral to hook up a public water supply for Lot 2S, as provided for il in the Golden Cate Parkway Professional Office Commercial District 12 standards of the Golden Gate ~aster Plan Element of ~.he Collier 13 County Cro~ch Nanagemsnt Plan and as aho~n on the attached plot 14 plan, Exhibit "A", of the l~Fol2 zoning district wherein said property 15 is located. 1~ BB IT RESOLVED that this Resolution relattnq to Petition Number 17 V-96-? be recorded in the minutes of this Board. 18 Co~£ssioner offered the foreqolnq 19 Resolution and moved for its adoption, seconded by ComsXssloner 20 and upon roll call the vote was~ AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ATTEST: DWIGHT E. BROCK, CLERK day of 29 30 32 HAP,~ORIE., STUDENT 33 ASSISTANT COUNTY ATTORNEY 34 VARIANCE RESOLUTION/iS761 _, 1997. BOARD OF 20NING APPF. ALS COLLIER COUNTY, FLORIDA APPROVED AS TO FO~M AND LEGAL SUFFICIENCY: PAGB 2 AGEN. O~ I~M** No. ~ JAN .1. A 1997 For vARIANCE sKETCH ?ropo$~d Jc~¢°rc~nd° pul:) Lot 28 of th~zc~ "'~ ' ~0 / / / ~ inoge/UtIlIty Esmt' / ~ 11 0  ~ title' ~ellS ~ ~ ~ OXide' ~ ~ ~ ' n . ~ Ol ~'' ~ ~ - ~ ~ ~ ~-~' ~ / -~-t the pr~r, ~ 0 ~ ~' · 0 ~' ~ - is only ' reos~° 'ts only o "sed b ~.~ ._. This ,~t 2~ ~._ ~ · ~_rome~ Note., .,e on ~_, builCn~sntol po~., pie. JAN 14 1997 [XECUTIVE~UMMARY PETITION V-96-27, MARLO LAMENDOLA, REPRESENTING GUY FRACASSO REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SIDE YARD SETBACK TO 5 FEET FOR PROPERTY LOCATED AT 10823 TAMIAMI TRAIL NORTH, FURTHER DESCRIBED AS LOTS 6-12, BLOCK 3, NAPLES PARK, UNIT NO. 1, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COM.IER COUNTY, FL The petitioner requests a 10 foot variance from the required side yard setback of 15 feet to 5 feet to allow construction of an addition along a continuous building line with the existing structure. CONSIDERATIONS.'_ The subject property is located in the northwest comer of the intersection of US 41 North and 108'" Avenue, at 10823 North Tamiami Trail. The petitioner wishes to construct a 693 square foot addition along the side property line of the parcel. The existing structure is located on a comer parcel, therefore, the northern portion of the lot is a side yard. The required side yard in the Commercial Intermediate (C-3) district is 15 feet. The existing structure was built with a 5 foot side yard setback as permitted by Code at the time of construction. The petitioner wishes to add to the structure along a continuous building line with the existing building. The Collier County Planning Commission reviewed this petition on December 5, 1996, and by a unanimous vote, recommended approval of the subject variance request. ,FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROW'I'H MANA(~EMENT IMPACT: The proposed variance is consistent with Management Plan. applicable provisions of the Growth HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey & Assessment or waiver is required. AG£ND~ ITEM, No. I~ ,JAN 1 4 1997 NNIN C MMI I N R C MM N ATI N' The Collier County Planning Commission forwarded Petition V-96-27 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: FR~~~ PI.~NNER II CURRERT PLANNING SECTION REVIEVVED BY: DATE ~AICP, MANAGER CURRENTPLANNING SECTION DATE DONA~ AICP. DIR.ECTOR ~,P~I~ING SERVICES DEpA ~,~. ENT VINCENT A. CAUTERO, ADMINISTRATOR DATE DATE~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summany/V-96-27 AGE_NI~AJTEM JAN 1 4 1997 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DE. VELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 12, 1996 RE: PETITION V-96-27 · · · · · · · · · · · · · · · · · · · · · · · · · A(~ENTIAPPLICANT: Agent: Mario LaMendola 963 Trail Terrace Drive, Suite E Naples, FL 34103 (~Nner;. Guy Fracasso 1267 Grand Isle Court Naples, FL 34108 REQUESTED ACTION: The petitioner requests a variance of 10 feet from the required side yard setback of 15 feet to 5 feet to allow construction of an addition along a continuous building line with the existing structure. GE0qRAPHIC LOCATION; The subject property is located in the northwest comer of the intersection of US 41 Ih North and 108 Avenue, at 10823 North Tamiami Trail, legally described as Lots 6-12, Block 3, Naples Park Unit No. 1. AGENDA I~'EM.~ JAN 14, 1997 OF JAN 1997 RP E/DE CRIP I N FPR ECT: The petitioner wishes to construct a 693 square foot addition along the side property line of the parcel. The existing structure is located on a comer parcel, therefore, the northern portion of the lot is a side yard. The required side yard in the Commercial Intermediate (C-3) district is 15 feet. The existing structure was built with a 5 foot side yard setback as permitted by Code at the time of construction. The petitioner wishes to add to the structure along a continuous building line with the existing building. RRO NDIN LAND EANDZONIN : Existing: Retail plaza; zoned C-3 Su~ounding: North. Retail plaza; zoned C-3 East - South - Tamiami Trail North (US 41) ROW 108"' Avenue ROW West - Commercial building; zoned C-3 HISTORICIARCHAEOLQGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATIQN FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE AND Approval of this vadance request will have no effect on infrastructure, transportation or the environment. ANALYSIS; Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission.is advisory to the BZA and utilizes the provisions of Subsection 4(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follow:. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The existing building was constructed with a 5 foot side yard setback in compliance with the Code at the time of construction. 2 JAN 1 1997' be Are there special conditions and circumstances which do not result from the · ctlon of the ·pplic·nt Such es pre-existing conditions relative to the property which is the subject of the variance request? Yes. The applicant constructed the existing building according to Code. The change in the required yard since the existing structure was built was not the result of the applicant's action. Will · literal interpretation of the provisions of this Lend Development Code work unnecessary and undue hardship on the ·pplicant? No, the Code does not prphibit the construction of the addition, however, it would require that the addition be offset from the existing building by 10 feet. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The property is currently devsloped with reasonable uses of the land and existing structures. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. this vadance will allow the petitioner to have a structure closer to the property line than currently required by the C-3 zoning district. However, in residential zoning districts a similar variance may be approved administratively. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required side yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The existing building is 5 feet from the property line. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this vadance will not affect or change the requirements of the Growth Management Plan. AGE~DA 3 JAN 1 4 1997 STAFF RECOMMENDATION: ~ Due to the fact that the existing building was constructed according to Code in its existing location and that the required side yard has subsequently changed, staff recommends that the CCPC forward Petition V 96-27 to the BZA with a recommendation for approval. FR~ISCHL, PLANNER Ii CURRENT PLANNING //./¢. DATE REVIEWED BY: R(~BE~T J. MULHERE, AICP, MANAGER CURRENT PLANNING DATE DONALD W. ARNOLD, AICP, DIRECTOR PLANN~IG SERVICES VINCENT A. CAUT~RO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number:. V-96-27 Staff report for the December 5, 1996 CCPC meeting. This Petition has tentatively been scheduled for the January 7. 1997 BZA Public Headng. ~_~~~~Collier C~unty Planning ission: MICHAEL A. DAVIS, CHAIRMAN AGEND~ IT[M. JAN ! 4, 1997 V~a~R IANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO. PROJECT PLIER DATE PETITION RECEIVED (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME ...... ~,y' ~~ LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S}. SUBDIVISION SECTION ~k~ TWP. (If legal descriptidn is lengthy, i.e. metes & bouP']s description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY ~- EXISTING LAND USE ON SUBJECT PROPERTY ~7.4;,L. ADJACENT ZONING & LAND USE ZONING LAND USE MINIMUM Y;kRD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: ~-[ CORNER LOT: NO~(CIRCLE ONE} SIDE: ~ WATERFRON LOT: ~YES (CIRCLE ONE) REA~: I~! NO. ~ JAN 14 1997 ~ATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroac~ent proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroac~ent is necessary; how existing encroachment came to be; etc. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its dete~ination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. AG£~D~ JAN 1997 Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create pr&ctical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health safety or welfare. , Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 3 AG£N~A JT~M f~o./~ JAN ! 4 1997 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there naturgl conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves lakes, golf course, etc. , Will granting the variance be consistent with the growth management plan. AGENDA FrEM .oJ~ JAN ! 4 1997' : I AGEND~ "o./~ ,JAN 1 J. 1997' 1 * 7 9 : 10 12 14 17 20 21 22 23 24 27 28 29 30 RESOLUTION NO. 97- RLr~ATING TO PL~ITION NU~.BER V-96-27, FOR A VARIA:;¢E ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER CO~TY, FLORIDA. I~E~EAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHER.EAS, the County pursuan~ thereto has adopted a Land Oevelopment C~e (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and ~S, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as In said regulations made and provided, and has considered the advisabi~tty of a 10-foot variance from the required foot side yard setback to S fee: as shown on the attached p~ot plan, Exhibit "A", tn a C-3 zone for the ;:operty hereinafter described, and has found as a ~atce= of fact the: sattsfa::ory provision and arrangeuen: have been made concerni=g all applicable ma::ers required by said regulations and In accordance with Section 2.7.5 of the Zoning Regulations of said Land Develop=en: Code for the unincorporated area of Collier County; and ~ER~S, all interested parties have been given opportunity to heard by this Board in public ~ee:t~g assembled, and the Board havi~g considered all matters presented; NOW ~ERErORE BE IT RESOLVED BY T~E BOARD OF ZONING APP~LS Collier County, Florida, that: The Pm:trion V-96-27 filed by Harlo ~endola, representing Guy Fracasso, ~tth respect to the property hereinafter described Lots 6-12, Block 3, Naples Park, Unit No. 1, as recorded tn Pla: Book 1, Page 106, of the Public Reco=ds-of Collier County, Florida. PAGE I AG£NDA Plo. ~ JAN ! 4 1997 4 '7 10 12 17 22 24 27 29 be and the sane hereby is approved for a ID-foot variance fro= the required 15 foot side yard setback t~ S feet as s~own on the attached plot plan, Exhibit "A", of the C-3 zoning district wherein laid property is located, subject to the following conditions: This variance is for the addition shown in Exhibit "A#. Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition Number V-96-27 be recorded in the minutes of this Board. Co=~lssfoner offered the fforeqoinq Resolution and moved for its adoption, seconded by Commissioner and upon roll call ~he vote was: AYES: NAYS: ABSENT A~D NOT VOTING: ABSTENTION: Done this day of ATTEST: DWIGHT E. BROCK, CLERK 1997. BOARD OF ZO::I::G APPEALS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ARD LEGAL SUFFICIENCY: MARJO M. STUDENT ASSISTANT COUNTY ATTORNEY CHAI P~J~N V-96-27 VARIANCE RESOLUTION/I$$80 PAGE 2 AGENDA IT F.,J,~ JAN 1 1997 f \ EXHIBIT "A" EXECUTIVE $~y PETITION NO. CU 96-22, MR. MILES SCOFIELD REPRESENTING MR. DAVID M. OGILVIE REQUESTING CONDITIONA/~ USE "1" OF THE "RSF-4" ZONING DISTRICT TO ALLOW FOR A BOAT HOUSE FOR PROPERTY LOCATED AT 279 3~ STREET IN BONITA SPRINGS. OBJECTIVE: The petitioner is requesting the above described Conditional Use for a boat house for an existing residence. CONSIDERATIONS: The subject site consists of approximately .23 acres and contains an existing single family dwelling and a boat dock under construction. The applicant wishes to construct a 13' X 25' boathouse. The boat house will be approximately 10.5 feet tall measured from the deck and will be placed 5 feet from the end of the subject lot. The subject property fronts on Little Hickory Bay, which is a wide expansive body of water. However, the proposed boat house will create some view blockage to adjacent property owners, especially, with regards to the lot adjacent to the north of subject lot. The proposed boat house is open on all sides and is only 10.5 feet in height from the seawall to the top of the roof. This design coupled the wide expanse of Waterbody adjacent to this and surrounding lots should minimize view blockage concerns. The Collier County Planning Commission reviewed this petition on December 5, 1996, and with a vote of 8-0 recommended approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: ' Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve CU-96-22. JAN 14 1997 PREPARED BY: SENIOR PLANNER DATE REVIEWED BY: BERT J. ~LHERE, AICP, ~AGER C~RENT PI2IN'NING SECTION DON~D W. ~0LD, AICP, PLANNING SERVICES VINCENT A. CAUTERO, ~I~ST~(J~ -- DATE COMMUNITY DE~LOPMENT & E~IRO~ENT~ SERVICES DATE DATE 2 JAN 1 4 1997 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: AGENT/APPLICANT: Agent: COLLIER COUNTY PLANNING COM~ISSION COMMUNITY DEVELOPMENT SERVICES DIVISION November 15, 1996 PETITION NO: CU-96-22, OGILVIE BOAT HOUSE Owner: Miles L. Scofield 3584-B Exchange Ave. Naples, FL. 34104 David M. Ogilvie 279 3rd Street Naples, FL. 34134 GEOGRAPHIC LOCATION: The subject property is located at 279 3rd Street and is further described as Lot 3, Block "F', Little Hickory Shores in Section 5, Township 48 South, Range 25 East. (See illustration following page) REOUESTED ACTION: To obtain conditional use "1" of the "RSF-4" Zoning District to allow for a boat house. PURPOSE/DESCRIPTiON OF PROJECT: The subject site consists of approximately .37 acres and con[aims an existing single family dwelling. The applicant wishes to construct a 13' X 25' boathouse. The boat house will be approximately 10.5 feet tall measured from the deck and is placed 5 feet from the end of the subject lot,( This Petition is companion to BD-96-22). SURROUNDING LAND USE AND ZONING: Existing Conditions: The site contains a single family dwelling Surrounding: North - Single-family; Zoned: RSF-4. East - Single-family; Zoned: RSF-4. South - Single-family; Zoned: RSF-4. West - Little Hibkory Bay. -1- JAN 14 1997 LU Z 0 3 A LAN 0 S · This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: u ' The subject parcel is designated as Urban Residential on the Future Land Use Element of the Growth Management Plan. This designation permits residential development at a base density of 4 units per acre. It also allows for commercial and retail uses. In addition, the proposed boat house is a conditional use within the "RSF-4" zoning district. Therefore, this petition is consistent with the GMP. · 'e ' The traffic impact review Indicates that this petition will not generate any new trips. Therefore, it will not exceed the significance test on any County road. _[. ' Since the site is currently developed will not adversely impact on any environmentally sensitive area. Therefore, this petition was not required to go before the EAB. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan· Where appropriate, mitigation measures and stipulations have been generated to ensure consistency with GMP during the permitting process. ~ISTORIC/ARC~AEOLOGiCAL IMPACT' Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND IB~RASTRUCTURZ: This petition was referred to all appropriate County agencies with jurisdictional oversight for elements of the Growth Management Plan for their review. They have recommended approval subject to appropriate development stipulations that are onsistent with the Land Development Code and Gro%~h Management lan. Staff has determined that no level of service (LOS) standards will be adversely affected by this request. In addition, appropriate mitigation measures and stipulations will assure that the County,s interests are maintained. Therefore, the conditional use request is consistent with · Management Plan JAN 1 & 997 The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the professional opinion of staff. Staff reviev of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Con=istency vith the Land Development Code and the Grovth Hanagement Plan. Pro: The subject site is designated Urban Residential on the FLUE of the GMP. This district permits residential & non-residential uses including boat houses. Con: None. S,~mmary Conclusion: The proposed use is permitted within the Urban Residential District. This district recognizes that certain uses are important and a necessary part ~f a community. For that reason, this district is inclusive of accessory structures such as boat docks and boat houses. 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 and catastrophe. Pro: No change to the existing ingress and egress. Con: None. S,,mmary Conclusion: The project's existing access driveway should continue to operate adequately. -3- JAN 1 4 1997 Co The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. P~O~ The subject property fronts on Little Hickory Bay, which is a wide expansive body of water. However, the proposed boat house will create some view blockage to adjacent property owners, especially, with regards to the lot adjacent to the north of subject lot. The proposed boat house is open on all sides and is only 10.5 feet in height from the seawall to the top of the roof. This design coupled the wide expanse of Waterbody adjacent to this and surrounding lots should minimize view blockage concerns. Con= None. summary conclusion: The project will not have an adverse effect by the way of noise, glare, economic or odor effects on the adjacent properties. d. Compatibility with adjacent properties and other property in the district. Pro: There is an existing boathouse on the adjoining lot to the south (lot 4). Additionally, as mentioned above, view blockage is not a significant concern at this location and in consideration of the boat house design. As a result, compatibility with adjacent properties is not an issue. Con: None. S,,m~ary Conclusion: The site is designated Urban Residential on the Future Land Use Map which permits single-family dwellings and accessory boat docks and boat houses as a conditional use. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-96-22 to the Board of County Commissioners with a recommendation of approval subject to the stipulations listed in the Resolution. -4- JAN 14, 1997 ,,,. 7 PREPARED BY: CHAHRAM BADAMTCHIAN, AICP SENIOR PLANNER DATE REVIEWED BY: ~ AICP DATE CURRENT PLANNING SERVICES F~%NAGER ~ ST-~--~R DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for the December 5, 1996 CCPC meeting. NOTE: This Petition has been advertised for the January 14, 3997 BCC meeting. COLLIER C. OUNTY PLANN~ISSION: -5- 4 S 8 g .TO 12 16 2! 22 2'1 24 2S 26 2'7 28 29 30 :31 32 34 RESOLUTION 99- A RESOI. UTIOH PROVIDING FOR THE ESTABI. ISHH£NT OF A COVER~ BOATSLIP ~HDITZOHAL US; ~ IH THE RSF-4 ZOHI~G DISTRI~ PURSUAHT 2.2.4.3 OF ~E CO~Z~ CatTY ~D D~E~PHE~ CODE FOR PROPERTY ~TED ZN SE~ZON S, TOWNSHIP 48 SO.H, ~NGE 2S ~ST, ~LLZER ~, F~RZDA. N}I;FJ~S, the legislature of the State of Flor/da Ln Chapter 67-1246, Lays of Florida. and C~apter ~25. F~orLda Statutes, confe;red on Collier County ~e po~er to establish, coordinate and enforce zoning and such bus,ness regulations os are necessary for ~he ;~o~ect~ofl of the public; and ~S~ the Coufl~y pursuan~ t~ere~o has adopted a ~nd C:=prehensLve 2onin00rd~nnnco o~t.~bIichJnq roq, laCion, (or tho zoning C~ particular geographic d~visions o~ tho County. nmong ~h~ch ~s the ;~ant~ng o~ Cond~tiono% Utes; nnU mppoLn~ed and constituted p]annfnO bonrd for ~h~ nroa ~ereby nEEec~ed,' ~as held a public h~3~nO at'~r no, ice n~ in m~id reOu]ntlon~ mndo and provided, and ~a~ Con~idored ~hu ndvi:~.H~li~y ul Cm~dlSion.tl Ih~ I oZ ~c~Lon 2.2.4.3 In nn R~F-4 xnne lot n hfl. t~hm,:~ on ~lm proper~y bereLna;ter described, and h,t:~ I*o.nd ,t~ ,t m~ttt(.r of ;.itt (Kxhibit ~at satisfactory provi~ion nnd ;~rr~.~g(.munt h~tv(, t~n made all applJcab[e me,tots required by said roquJn[iona and Jn accordance b'L~ Subsoctlon 2.7.4.4 ot tho I.~ttl I)~,vc, lttltmt,i1t C(~dtt lot [ItO Collier Courtly plannJn0 Commi=~iun; hoard by thlu Ilu.~rtl I~ n ImhlJ[: m~...I I~;.I .~:~H.mI~I.H .~.1 LI., Ik~nl'~l hnvlmI ~O~, 'J'III';I{I';I"OIH; III.; I'i' IH;:;UI,VI.;I), IlY '1'111; II()AI;II ()1.' ZUNIN(; AI*I~I.;AIj; I'A*:I' JAN 1 1997 p,. The petition filed by Hlles L. Scofield representing David N. Oqilvie with respect to the property hereinafter described se: Lot 3, Block F, Little Hickory Shores, Replat of Unit Ho. 3, ss recorded in Plat Book 4, Page 2, of the Public Records of Collier County, Florida. b~ and the same is hereby approved for Conditional Use 1 of Section 2.2.4.3 of the RSF-4 zoning district for a bOathouee In sccordance ~i:h the Conceptual Master Plan (£xhibit 'B') and subject to the following conditions: £x~.iblt #C# v~lch ts aC~ached hore~o and lncorpora~od by referonce ~eretn. BE IT ~THER RESOLVED tha~ ~his Resolution be recorded In the =!n~es of ~hls Board. Co,missioner offered the foregoing ~esolu~ton and moved for 12s adoption, soco~dcd b~ Commissioner  A YES: 18 NAYS: 19 A~SENT AND NOT VOTING: 20 ASSTENTION: 21 Porto this 22 23 24 2D 26 ATTEST: 29 D~IGIIT ~. DROCK, CI.I~IIK 28 29 APPROVI.'.D AR TO FOIII.I ANI) 3o ~^'* surrzcl,'NCV: 33 ASSISTANT COUNTY A'I"rOI~NI.:y 3~,, ~."t~-'~.-22 I~l'::;OI.trl'l~tN! I,'/ I;' and upon roll call, tho vote ~as: tJ,~¥ o! .... , 19'~(,.. I]OAltl) OI; ZONING APPEALS COl.l,I I";11 CouN'r¥, I.'I,OI~II)A ItY: I'^,; I-; .f No. ~ ,JAN 14 -- Exhibit LOT 3 · ~JAH.~4 1997 ,,,. /& I, Miles L. Scofield, as authorized agent for Pet-~tion CU-96-22, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on < .>, 1996. PLANNING: The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the tine of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). STATE OF FLORIDA COUNTY OF COLLIER PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by ~s personally'known to me or who has produced ' ~as identification. who (~'ignature of Notary Public) NOTARY PUBLIC Commission # My Commission Ex~ires: Exhibit AG£~DA JTF~,~ JAN 14 1997 REPRESENTATIVE FOR CCPC STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledgel before me this day of , 1996 by , who is perscnally known to me or who has produce~ as identification. 18714 (Signature of N:=ary Public) NOTARY PUBLIC Commission # My Commission 5>~ires: JAN 14 1997 ... /4- EXECUTIVE PETITION CU-95-16, MI1. TERRANCE L. KEPPLE, REPRESENTING CYPRESS WOOD PRESBYTERIAN CHURCH, REQUESTING AN EXTENSION OF CONDITIONAL USES "1" AND "3" OF THE "E" ESTATES ZONING DISTRICT TO ALLOW FOR A CHURCH AND CHILD CARE FACILITY THAT HAS PREVIOUSLY RECEIVED CONDITIONAL USE APPROVAL, FOR PROPERTY LOCATED ON THE SOUTH SIDE GOLDEN GATE BOULEVARD IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, CONSISTING OF 4.92 ACRES. The Petitioner is requesting the first of three allowable one (1) year extensions of conditional uses "1" and "3" of the Estates Zoning District to allow for a church and day care facility. CONBIDERATIONB~ Since Subsection 2.7.4.5 of the Collier County Land Development Code (LDC) requires that a conditional use extension be approved before the expiration date of the previous conditional use approval, the applicant has made a request for extension based on the following information. The subject site was approved for a 280 seat church and a child care center allowing 120 children on January 23, 1996 by the Board Of County Commissioners. The proposed facility is located on the east side of the County park and is one west of the Big Cypress Elementary School. The applicant states that there have been delays due to economic considerations this past year. However, the petitioner has completed preliminary plans and has submitted for site development plan approval which should be approved by the first of the year. As a result, the petitioner is requesting the first one year time extension. A site visit conducted by staff found no changes to the surrounding area. Considering that the use is compatible with the surrounding area and that this petition has been found to be in compliance with the Collier County Growth Management Plan and the Golden Gate Master Plan, staff recommends approval of a one year extension of the subject conditional use. FISCAL IMPACT: This extension by and of itself will have no fiscal impact on the County. However, if this change achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new develop lent on AGENDA No. 1 JAN 14. 1997 public facilities. These Impact fees are used to fund projects tn the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are Inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources ~n order to build the needed facilities. ~ROFTN IO.~OEX~,N'I, IMPaCT~ The subject property ts located within the Golden Gate Estates area as designated tn the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This district permits community facilities Including, churches, day care, museums and cultural facilities. Therefore, this request ts consistent with the GMP. RECOHMENDATION~ That the Board of Zoning Appeals approve the request for a one year extension of Petition CU-95-16. PREPARED BY: EL OWS PRINCIPAL PLANNER DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER ~ATE PLANNING SERVICES^ D W. ARNOLD, '[CP, ]]IRECTOR ING SERVI~ VINCENT A. CA~TERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES EXISUMMARYICU-95-16/EXTENSION RVBIrb AGENDA U£M JAN 1,1. 1997 Commercial Blvd. Naples, Florida 34104 · (941) 403-1780 ~, Fax (941) 403-1787 Ray Bellows Planning DepL 2800 N. Horseshoe Dr. Naples, FL 33942 October 28, 1996 Re: CU-95-16 Cypress Wood Presbyterian Church Dear Ivh'. Bellows, The conditional use for the referenced project was approved in Sanuary, 1996. Since ~at time, fund raising and preparation of preliminary plans have taken place. It is anticipated that SDP submittal will occur during the 1st half of November with approval before first ofthe year. Since the plans are not yet complete, it is necessary to request an extension of the conditional use. On behalf of the church, we are requesting a one-year extension of CU-95-16. Enclosed, please find the application fee ($17:5.00) to process this request. If you have any questions, please advise. "Re~e~c_~ffully, Terrance L. Kepple, P.E. Kepple Engineering, Inc. ILK/sk -- AGENDA No. ~ JAN 1997 RESOLUTION 97- RELATING TO PETITION NO. CU-95-16£ FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER D£SC~IB£D IN COLLIER COUNTY, FLORIDA tr~ERr~s, the Legislature of the State of Florida in Chapter 125,, Florid· Statutes, has conferred off all Counties in Florid· the pover to establish, coordinate and enforce zoninq and such buein·ss requlations aa ar· n·cessary for the protection of th· public; and WHEREAS, the County pursuant thereto ha· adopt·d · Land Development Code (Ordinance No. 91-102) which iatablllhel comprehensive zoning regulations for the zoninq of paz-cicular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHERF. AS, on January 23, 1996, the Board of Zoning Appeals enacted Resolution No. 96-27, which granted · conditional use pursuant to Ordinance No. 91-102, for · church and child care center, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (lJ year time period for · conditional use which has not been commenced; NO;;, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Terrance L. Eepple of Eepple Engineering, Inc. representing James & Alli· Smith for the first of three (3~ permitted one (1) year extensions, in interest of the following described property: See attached legal description EXhibit 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. 96-27, attached hereto and incorporated herein Exhibit "B", and all conditions applicable thereto is extended hereby for one year until January 23, 1998. AGEND~T{~ '1-- JAN 1997 BE IT FURTHER RESOLVED that this Resolution be recorded In · lnutes of th~s Board snd in the records of ~e Petition f~ ~l~ C~/ssioner offer~ ~e f~~ Resolution and loved for Ltl adoption, seco~ ~ ~, and u~n roll call, ~e ~ ~s: ~Y~: N~YS: ~s~ ~ N~ V~6: ~ST~ON: Done day of ATTEST: DWIGHT £. BROCK, CLERK BY: APPROVED AS TO FOR~ AND LEGAL SUFFICI~ICY: ASSISTANT COUNTY ATTORNEY C.U. EXTENSION RESOLUTIOtl/18723 -2- AGENDA ,ITEM JAN 14 1997 JAHES 14. SHITH AND ALL'IE REBECCA SMITHz THAT A BOUNDARY SURV~:Y OF.TRACT,t?, COL~£N CATE ESTATES L~dlT 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B~OK 4 PACES 79 & 80 OF TI~ PUgLIC RECORDS OF COLLIER COUNTY, FLORIDA WA5 CCP~J~LET£D UNDER I~ DIRECTION ON AUGUST 3~ lgg$. CO~ r~A ~vEr~ C~. LI FINSTAD, surveyor in transition to, F. LA. SURVEYS CORP. LB 6569 T~ACT ~7, ~EN ~T[ ESTATES L~IT ~, ACCO~I~ TO T~ P~ T~F EX}{ZBZT "A" 'RESOLUTION 96- 2_..__7 A RESOLUTION PROVIDING FOR THE ESTABLIS~(ENT OF A CHURCH AND CHILD CARE CENTER CO~IDITIONAL USE IN THE "E# ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.2.1 A}~D 2.2.3.3.3 OF THE COLLIER COUNTY LAND DEVELOPHENT CODE FOR PROPERTY LOCATED IN SECTION 11, TO'~NSHIP 49 SOUTH, RA,NGE 26 EAST, COLLIER COU~TY, FLORIDA. WHEREAS, the Legislature of the State of Tlorida in Chapter 67-X24~, Laws of Florida, and Chapter 12S, Florida Statutes, has conferred on Collier County the power to establish, coordinate a~d enforce zoning and such business regulations as are necessary f:r the protection of the public; and I~HEREAS, the County pursuant thereto has adopted a Land Developnent Code (Ordinance No. 91-102) vhich includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, anong vhich is the granting of Conditional Uses; and ~EREAS, the Collier County Planning Conniss!on, being the duly a;pointed and constituted planning b:ard for the area hereby affected, has held a public hearing a'te. r notice as in sai~ re;u!ations~.. provided, and has considered the advisability of Conditional and "3" of Section 2.2.~.3 in an "E" zone for a church and child care center on the property hereinafter described, and has found as a of fact (Exhibit "A") that satisfactory provision and arraflgene~t have been made concerning all applicable mar=ers resulted by said regulations and in accordance vith Subsection 2.~.4.4 of the Land Developmant Code for the Collier County Planning co=nission; amd WHEREAS, all interested parties have been given opportunity to Me heard by this Board in a public neet!hr assenbled and the Board havln; considered all matters presented. NO~, THE;LEFORE BE IT RESOLVED, BY THE BOARD O? ZOO:lNG ~.=~-~ALS cf Collier County, Florida that: · i.'- ,..~ .T~.a'petl~ion filed by Wlllia~ L. Hoover, AZCP of Hoover Planning ·representing ~ames H. and Allie Rebecca Smith with respect to the property hereinafter describad ass Exhibit "B' which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "l# and ~3" of Section 2.2.3.3 of the "E" Estates zoning district for a church and child care center in accordance with the Conceptual Haster Plan . (Exhibit 'C') and subject to the followinq conditions: ., Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in :he minutes of this Board. Co~=issioner Mac'Xie offered the fore~oi~ Resolution and moved for its adoption, seconded by Co~issioner Hancock and upon roll call, the vote was: Commisstone: AYES: Com~£ss£oner Kac'lie, commissioner Hancock, Commisaione: ~atc~ews, end NAYS: ABSE~T ~D NOT VOTING: Co~siso~ec Constantine ABSTENTIOn: Done this ~-~ . day of~__~_~/___~ DWIGHT E.':~OC~... C~E~X .'~1 '?'' .: ... HARJORZE ~. STUDENT ASSISTAI~T COUNTY ATTOrnEY BOL~D OF ZONING APPEALS COLLIER COUNTY, FLORIDA H ~: ~~. ~.~.' ~". ,.~. c-. - t.~-' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Sections ~ of the 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 sane district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: / Yes /No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety end 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, gla~.~, economic cr 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~istrict Yes .~.~_No '~" condiciona! use sh:uld, Based on the above findings, with stipulations, (copy attached)f(should, not) be recommended for approval DATE:~ CHAIRMAN: ~~~~~- ' / FINDING OF FACT CHAIPJ.?.N/15344 Exhibit "A" JAN 14 1997 CERTIFICAT 10flz I I~REBY CERTIFY ~0: JA~ES 14. SHITH AND ALLIE R~CGA SNITHs T~T A ~OARY S~Y OF.T~CT,~7, ~N ~TE ~STATES ~IT 4~ ACCORDING T0 ~ P~T T~REOF AS RECORDED IN P~T ~K 4 PAGES 7g & lO OF THE P~LIC RECORDS OF COLLIER CO~TY~ FLORIDA ~ CC~L~TED ~ER ~Y DIRECTION O~ A~UST 3~ 1995. /"FINSTAD, surveyor in transition to, F. LA. SURVEYS CORP. LB 6569 COLLIER CO~TY~ FLORIDA. . ...~-~.....-.-~t ~ . PI. GOLDEN GA TE BL VD. CHURCH Vo¢on~ Wooded Estates Lots Yacont Wooded Estates Logs $ I I I I L U~ to 70X ef ~e L~f Oe~. the ~ fo be P~oposed County Estates Lot Mc~e~ Plan w 100 I ' C I0,000 $~.rt. Avenue SW Centerline of 60' ROW & I ~ tO Stv~t~ m 12~ Sty ~ tJ 2~0 Se~ts~ m J - Ho~e on W~cded Estctes Lot Front S~ 2~' RfCe gro~t i~ $. Proposed County Pork l~fth Active Recreot;onal F'oc;lities on Estates Property . $;te Area 4.92 Acres -.-IDO'~ZBIT Proposed Active Rec on Estates 'eot;anal rocNities ProOf(~l 4 1997 %.! I, William L. ~:ocver, as authorized a~ent for Petition CU-95-16, agree to the following stipulations requested =ne 'Collier County Planning Co:~=ission in their public hearing on January 4, 19~. PLANNING: ae The Planning & Technica! Services Ranager may approve minor changes in the location, siting, or height cf buildings, structures, and improvements authorized by the conditional use. ~x:ansion of the uses identifie~ and approved =ithin this ~onaittonal use appl£cation, cr major changes =o the site plan subnitte~ as part of this application, shall require the submittal of a ney conditional use application, and shall comply ~i~h al! applicable County ordinances in effec% a= =he time cf submittal, including Division 3.3, Site Development Plan Revie~ and approval, of the Collier County Land Development Code (Ordinance Nc. 91-10:). That the church facility ~e ma~e available for use as a poll.site.~the SuDerv~sor of Elections.' " ' kn .... e~Htlc ' ve~%taticK removal, monitoring, and maintenance (exotic-free) plan for =he site shall submitted to Planning & Technical Services £nvironnen:a! Revieu S=aff for revie~ and approval prior to final plan/construc:icn plan a~prcval. An eas~cun~ right-=urn lane shall ~e required as a condition of %he issuance of a Cer=ifica=e o~ Occupancy or Compliance for Phase i. A ~est~cund !eft =urn lane shall ~e required under the t~c-!ane condition shcu!d =he County, in its opinion, de%ermine ~ha~ opera=lena! cr safe%y requirements raquire i=. Such =urn lane, if require~, shall be in ~!ace prior =c =he issuance cf any for Phase ii. fe Under the fcur-!ane c:ndi=icn, the County rese .es right to determine =he need for and =he desira~i!i=y cf a median o~ening =c serve =his development. If such median opening is deemed necessary entire cos= of providing the median opening shall he borne by the beneficing ~rcperty owner(s). There shall be no right == any such turn lane vested in this development under any deve!c~ment or,er arising cut cf ~ ~XHIBiT "D" -1- AGENDA ~T~¥ JAN lA 1997 to the prope.~c¥ o~ner. The pro~ect shall he ~evelo~e~ in =-~o phas=,s. The firs= phase limits the church to 6,250 s.cuar=, feet and ~he ~ay car=- facility to 2,600 square fe=.t. The secon~ phase cr ~uil4out limits the church ~= 10,000 s~uare fee= an~ the chil~ care to 3,700 s~uare feet. The secona phase can not ~e ini=iate~ until Golden Gate ~oule~r~ is 4 lane~ fronting~e project. P-_-TITION~ OR AG~--NT STATE OF FLORIDA COUNTY OF COLLIER is p~rsonall¥ knovn ~o ~e cr vho has prc~uce~ as tden=£fica=ion. STATE OF FLORIDA COUNTY OF COLLIER I~GTA~ PUBLIC : ' · .' Cc.-~.~£ss£cn~ - :. :. = · .: ..-.'..... ~y Cc-_=!ss£cn Expires: .............. P._=~.-R--$~--NTAT~Vi ~OR CCPC / The fcregcing Ac. ree-.en= She=--- vas acknc'~lec'--.ec' he-'cra..-.e '.his C/-~' ~av cf ---- : -' .a,. ~ cc~ ~v % · ' '' "' · ' 'is personally knc'-'~ ~c me ~-~ ~- ' _-~r as .iden=i f ica=ion. NCT, A~Y ]",:] UC ~'AT~ OF co.~.~zs..~o.,,,r NO. cczts.7~,. J 15343 (S.,.~na=ure c~ Nc=ary Publlc) -2- AGENDA ITEM ' JAN 14 1997 ~.~CO)G~END~,TZON TO ~PROVE FOR RECORDZNG THE FZN'AL PL,%T OF UNIT TWO# To approve for recording the final plat of "Sabal Lake, Unit Two. and accept the posted security to guarantee completion of the required subdivision improvements. The Board of County Commissioners approved the final plat of #Sabal Lake, Unit Two- on September 7, 1993, with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements. The developer has received a one year extension, as provided in the Land Development Code The Developer is now requesting approval of a construction security in the form of a Letter of Credit in the amount equal to 10% of the total cost of the development improvements plus 100% of the cost to complete the remaining improvements. These security documents have been reviewed and approved by the County Engineering Review Section and the County Attorney,s Office. The Developer, therefore, has complied with the stipulation for recording the final plat. The fiscal impact to the County is none. The project cost is $218,382.30 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 $21,838.23 The County will realize revenues as follows: Fund: 113 Agency: County Hanager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4,437.26 Fees are based on a construction estimate of $218,382.30 and were paid in August 1993 and are reflected in the Executive Summary of September 7, 1993. JAN l& 1997 Executive Summary Sabal Lake Unit Two Page Two ~OWT~ MANagEMENT IMPaCTI None That the Board of County Commissioners approve the final plat of #Sabal Lake,Unit Two- with the following stipulations= 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Sabal Lake, Unit Two-. 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the reguired improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVI~ED BY: ~homas E. Kuck, P.E. ~gineering Review Manager Donald W2~nold Director - Planning Services Vincent AK Cautero, Administrator - Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date .. ,~ -. % . Date Date - JAN 1 A 1997 BERKSHIRE LAKES HERON LAKE BRIARWOOD 32 ~OD FOXFIRE RADIO ROAD (< .R. 856)' LEAWOOD · ' IV BRETONNE ~ARK BERKSHIRE BE~..KSHIRE LAKES 5 LAKES SH GREEN P'~ HERON mT[ LGCATI' TW~.VE LAKES 4 OD KINGS LAKE 7 LAGO DAVIS (S..~. 8~) z [ ISt..KND PINES. GARDEN EXT. FALUNG WATIg~S SHOPPES AT SANTA BARBARA J COUN~ CLU' JAN 1. 4 1997 CONSTRUCTION 3tND MAINTENANCE A=REEHENT OF SUBDIVISION INPROVEHENTS PRIOR TO RECORDIN~ OF PLAT 192 between John Scot Hueller, A Florida Corporation, Member - Granite Development, L.C., A Florida limited liability company, hereinafter referred to as #Developer-, and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board.. 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: SABAL LAKE, -UNIT TWO ~ 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed water, Sewer, roadway and drainage facilities within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the developer shall tender its Letter of Credit in the amount of $ 21,838.23 which represents 10% of the total contract cost to complete construction. Upon receipt of said Letter of Credit by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary acceptance of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer,s engineer along with the final JAN 14 1997 1of 3 have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, submit his recommendations concerning the required improvements to the Board. 5. Upon receipt by the Board of recommendations from the Development Services Director concerninq required improvements, the Board shall within thirty (30) days either: a) notify the Developer in writing of its preliminary acceptance of the improvements; or b) notify the Developer in writing of its refusal to accept improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Board's acceptance of the improvements. However, in no event shall the Board refuse preliminary acceptance of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary acceptance by the Board; after the one year maintenance period by the Developer has terminated the Development Services Director shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final acceptance by the Board, the Developer's responsibility for maintenance of the required improvements shall terminate and the Board shall release the 10% Letter of Credit, otherwise the Developer's responsibility for maintenance shall continue until final acceptance by the Board. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure by the Development Services Director and upon notice as provided by the Land Development Code, the Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the Letter of Credit shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. of 3 JAN 14 1997 IN WITNESS WHEREOF, the Board and the Developer hay9 caused this Agreement to be executed authorized representatives this ~4 day of ~ 1993. - _ Witness to John Scot Mueller Printed Name; W£tness: Printe~' Name: - . ~A.TTEST: · ~_' ' ' · :. ':' . ,.. ~. .. CL~X f-= · · ~ . '.....' .~ ~W ' A~roVa'd:"~'s 'to form and legal sufficiency: ~.enneth B. cr~ ~.e- -- Collier County ~orney Granite Development L.C., A Florida Limited Lialllity Co. BY: Relleum, Inc., A Florida Corporation Member BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA urt L. Saunders, Chairman JAN 1 4 1997 PAGE: I L/C h'UI~ER: MS18541 BARgETT BAJCX, P.O. BOX 019S04 701BRICKELL AVENUE - ITH FLOOR MiAHI, FL 33101-9504 L~ OF ~XT ~B~ HSIIS4I ~PLT~ 10~ ~ O~ DRIVE, t 700 XXPLES , FL 33963-2707 ISSUE DATE: DEC~HBER 11, 1996 BI3~EFICIARY: THE BOARD OF COUI~L~Y C'OHHZSSZON~3t.S COLLIER COUNTY , ]q.,OZtZD&, C/O OFFZCER OF THE COUNTY ATTORHEY COLLZKR COUNTY COURTHOUSE COHPLEX AMOUNT: USO 21,S31.23 TWI3qTY ONE THOUSAND £Z~'Jt~HUNDREDTH~tTr EIGHT AND 23/100'S USO DATE OF EXPIRY : AUGUST l, 1997 PLACE OF EXPIRY: OUR COUNT.S THZS STANDBY LETTER OF CREDIT IS ISSUED IW YOUR FAVOR BY ORDER AND FOR ACCOUNT OF THE ABOVE HKNTZONED APPLICANT AGAINST THE TKP~S AND CONDITIONS DESCRIBED B£I,O~ ACCOHP)bqIED BY DRAFTS DRAWN ON BAJ~qETT B~qK, N.A. AT SZGHT. DOCUMENTS REQUIRED: 1.BENEFICIARY,S STATEHTRT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "GP. ANITE DEVELOPMENT, L.C. HAS FAILED TO CONSTRUCT OR NAINTAIN THE IMPROVEMENT ASSOCIATED WITH %~tAT CERTAIN PLAT OF A SUBDIVISION ~'NOWN AS SABAL LAX£S OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN P£RFORMED PRIOR TO THE OAT= OF EXPIRY, A~:D SATISFACTORY ALTERNATIVE PERFORHANC~ SECL~ITY HAS NOT BEEN PROVIDED TO A~ID FOP. HALLY ACCEPTED BY THE B~NEFI¢IARY.- 2. THE ORIGINAL LETTER OF CREDIT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERRS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ~NY WAY BE MODIFIED, AHENDEO, OR AI~PLIFIED BY REFERENCE TO AI~Y DOCUMENT, INSTRUHENT, OR AGRE~HENT REFERENCED TO HEREIN OR IN ~ICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEENED TO INCORPORATE HEREIN B~ REFIiRENCE A~Y DOCUMENT, INSTRUMENT OR AGRE~HENT. PARTIAL DRAWINGS ARE PERHITTED. AI~Y DRAWINGS ARE TO BE PRESENTED TO Ot~ LETTER OF CREDIT PROCESSING CENTER AT THE FOLLOWING ADDRESS: BAR~ETT BA/TK, N.A. P.O. BOX 019504 701 BRICK£LL AVENUE - 8TH FLOOR MIAMI, FL 33101-9504 DRAFTS DRAWN UNDER THIS CREDIT MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. MS18541 OF BAI~NETT BA~K, N.A. DECENBER 11, 1996" WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN AND PRESENTED IN CONFOP. HITY WITH TERHS OF THIS CREDIT WILL BE DULY HONORED. THIS CREDIT IS SUBJECT TO THE UNIFORH CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS, 1993 RL'~ISION-PUBLICATION NIII~BER S00, ISSUED BY THE INTERNATIONAL CHA/iBER OF COHNERCE, PARIS, I~CE. ORIGINAL JAN 1 4. 1997 . I[[ I[ I Il[II [ I[[1[I [[I PAGE: I L)'C NUHBER: M518541 B nett: IRREVOCABLE STA~'DBY LL~ER OF CREDIT NUMBER: APPLICANT: GRANITE DEVELOPHENT, L.C. 101 LAUREL OAX DRIVE, ~ 700 NAPLES , FL 23963-2707 MSISS41 DATE OF AHENDMENT: DECEMBER 26, 1996 B~NEFICIARY: THE BO~ OF ~ ~ISSZO~ C0~2~ ~ , ~RID~, ~/O OFFICER THE ABOVE MENTIONED APPLICANT HAS AHENDED THE REFERENCED STANDBY OF CREDIT AS FOLLOWS: THE FOLLOWING ADDITIONAL CONDITION HAS B£EN ADDED: TO DOCUMENT REQUIR~ENT NO.1 AFTER SABAL LAKES, ADD "UNIT TWO#. THE FOLLOWING ADDITIONAL CONDITION HAS BEEN ADDED: IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEHED AUTOHATICALLY EXTENDED WITHOUT AHENDMENT FOR ONE (1) YEAR FROM THE PRESI~qT OR EACH FUTURE EXPIRATION DATE UNLESS WE HAVE NOTIFIED YOU IN WRITING, BY CERTIFIED MAIL, RETUR/q RECEIPT REQUESTED, TO THE ABOVE ADDRESS, NOT LESS THAN 60 DAYS BEFORE SUCH EXPIRATION DATE, THAT WE ELECT NOT TO RE3qEW THIS LETTER OF CREDIT. ALL OTHER TER~S AND CONDITIONS REHAIN UNCHANGED. IN THE EVENT YO~ DO NOT ACCEPT THIS ~£ND~ENT, ~INDLY NOTIFY US IN WRITING AT YOUR EARLIEST CONVENIEN¢£. A~HORIZED SIGNATURE ORIGINAL JAN ! 4 1997 RNATIONAL DEPT. BRICKELL AVENUE 8TH. FLOOR MIAMI, FLORIDA 33131 IRREVOCABLE BANK LETTER OF CREDIT ~"v'IDENCE OF AUTHORITY. DATED: DECEMBER 27, 1996 THIS DOCUMENT IS TO CERTIFY THAT HERMAN H. WOESELER, (OPERATIONS OFFICER) HAS THE NECESSARY AUTHORITY TO EXECUTE THE USD21,838.23 IRREVOCABLE BANK LETTER OF CREDIT NUMBER M518541, ISSUED DECEMBER 11, 1996 ON BEHALF OF COLLIER COUNTY A POLITICAL SUBDMSION OF THE STATE OF FLORIDA AND FOR THE ACCOUNT OF GRANITE DEVELOPMENT, L.C. FOR BARRETT BANK N.A. BANK : BARNETT BANK, N.A. : EDWARD CLOAK : MANAGER, TRADE SERVICES. JAN 1 1997 COLLIER COUNTY GOVERNMENT NI V ~ N ~ ~'%°R .%'% N° 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 f~uadinl; Re~,aew and Permitting (941) 64)6400 C, ode [nforcement (941 ) 64)-$440 Hou~in~ and Urban lmpro~rmcnc {94 !) 64.~.~ ~ ~,~ Natural Rcwurces {941) Pollutmn Control (94 l) '~2.2,S0.~ X CEIO'INED ILUE CHiP CON.qt,'Nrl'l' August 29. 1996 ~,lr. Jim Cart, E,I. McAnly Engineering and Design, Inc. .~ I01 Tamiami Trail East. Suite 202 ,",'~ples, FL. 34113 RE: Sable Lake Unit Two Dear Mr. Cart: ~,~.'e are in receipt of your request to extend the z..-pro~-al of'th: constructio, documents and plat for Sable Lake Unit :vo, and,of~'er th.* r.ollo~ving. Section 3.2.q.I.Z or' th., Land D=velopment C'ode provides for a one-time, one-year ,tension of' final plans and plat. This e×ter, sio.-, is :brough Se::cmber 7, lo,aT. Should the required improvements bt completed b}' that date. the applicant ~ ,11 b.~ required :o re:ubmit const: uction plans and plat for review and a.',proval, together ~ ith ne~& r'ees. I'[ can be o£an~ further assist3nce to %'ou :,-1 :J-~:~ -= -,-- ~,le~..~ let me :<no-, $ ncercly, J ,hn Houlds~vonh S :nior Engineer JAN 1 4, 1997 ,,.. ID EXECUTIVE SUMMARy THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR NINETEEN (19) SINGLE FAMILY HOUSES TO BE BUILT BY IMMOKALEE HABITAT FOR HUMANITY, INC. IN THE BULLARD SUBDMSION IN IMMOKALEE AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facility System Impact Fees, for nineteen 09) houses to be built by Immokalee Habitat for Humanity, Inc. with funds from the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Immokalee Habitat for Humanity, Inc. has submitted application for waiver of impact fees for the purchasers of nineteen (19) houses to be built in Bullard Subdivision in Immokalee that will sell to very low income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 1, Bullard Subdivision, Plat Book 27, Pages 76 and 77 Lot 2, Bullard Subdivision, Plat Book 27, Pages 76 and 77 Lot 3, Builard Subdivision, Plat Book 27, Pages 76 and 77 Lot 4, Bullard Lot 5, Bullard Lot 6, Bullard Lot 7, Bullard Lot 8, Bullard Lot 9, Bullard Lot 10, Bullard Lot 11, BuIlard Lot 12, Bullard Lot 13, Bullard Lot I4, Bullard Lot 15, Bullard Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 Subdivision, Plat Book 27, Pages 76 and 77 JAN 14 1997 Executive Summary Bullard Subdivision Page 2 Lot 16, Bullard Subdivision, Plat Book 27, Pages 76 and 77 Lot 17. Bullard Subdivision, Pla Book 27, Pages 76 and 77 Lot 18. Bullard Subdivision. Plat Book 27. Pages 76 and 77 Lot 19, Bullard Subdivision. Pla Book 27. Pages 76 and 77 Immokalec Habitat for Humanity, Inc. has certified that the applicants will meet the requirements under the Impact Fcc Waiver Ordinances as very Iow income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $74,660.88. Impact fee charges for the nineteen (19) houses in Immokalee would be itemized as follows: Total 19 a) Library System Impact Fee b) Road Impact Fee c) Parks & Recreational Impact Fee 1) Community Parks 2) Regional Parks d) Emergency Services Impact Fee e) School Impact Fee $ 180.52 $ 3,429.88 1,379.00 26,201.00 399.00 7,581.00 179.00 3,401.00 14.00 266.00 1.778.00 ~ TOTAL IMPACT FEES $3,929.52 $74,660.88 GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to thc buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. '.lAN 14 1997 Executive Summary Bullard Subdivision Page 3 R~COMM~NDATION; That the board of County Commissioners approve the Resolutions and Agreements author/zing the waiver of impact fees for nineteen 09) homes to be built in Imrnokalee by Lmmokalee Habitat for Humanity, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. G jd 12/30/96 PREPARED BY: Greg Mih~c/15irector Housing an~'"Urban Improvement Date (Date RESOLU'rlON NO. 97- ,,,, RESOLUTION OF THE BOARD OF COUN~'Y COMMISSIONERS. COLLIER CO~. FLO~& A~O~G W~VER OF L~Y SYS~M ~A~ ~ES. P~ ~ ~A~ON~ FAC~S ~A~ ~ES. RO~ ~A~ ~S. E~ROENCY ~DIC~ SER~S ~A~ FEES ~ EDUCA~ON~ FACILITIES SYSTEM ~A~ ~ES FOR O~ HOUSE TO BE CONS~U~D BY ~O~EE ~ITAT FOR ~N~', ~C., ON LOT 1, B~L~ SU~D~SION, ~O~EE. ~E~AS. Colh~ County hu r~o~i~d ~d suppled to address the lack of adequate ~d affordable housin~ f~ m~te, Iow, ~d v~.low income households in ~he County ~d the need for ~afive ~d i~ovafiv~ pm~s to ~si~ in ~he ~sion of such housing by including serial pm~sions in ~e Colli~ Co~ Gm~ M~$~mt PI~ includes: obj~live 1.4, ~licy 1.4.1; obj~tive I .~, ~li~ 1.~.2, ~licy 1.5.3, ~li~ 1.5.4, ~licy 1.5.5, ~li~ 1.~.6; objective 1.6, ~licy 1.6.3; obj~five 2.1, ~licy 2.1.1. ~licy 2.1.2, ~licy 2.1.3, policy 2.1 .~, ~d ~licy 2.1.6 of the Housing El~mt; ~d ~E~AS, Colli~ Coun~ h~ r~ved ~ndins pu~u~l 1o ~he State Housing Initialivm Pa~hip Pro~ se~ fo~h m Seclion 420 ~7 ~_ seq, Florida Statu~es and Chapter 91-37. Flo~da Adminis~five Code; ~d ~E~AS. in accord~ce ~'~th Colli~ Count)' ~dinance No 93.19. Ihe Count)' is authorized ~o use ~ndlng ~om the Slate Housing Inmatives Pa~ersh~p [SHIP~ Program for x~-a~v~ of Collier Coum) impacl fees; ~d ~E~AS. l~okalee Habitat for Hum~i~. Inc. is seeking a waiver of~mpact fees; ~d ~E~AS. l~okaIee Habitat for Hum~i~, Inc. will construct one (1) ~ee-bedroom ~ii (the "Dwelling Unit") on Lot I. Bullard Su~vision. i~okalee which is proposed to sell for Fo~'-S~x Thous~d Five Hundred Dollars (S46.~.~); ~d ~EREAS. the D~elhn~ Unit ~mll be purchased b) a reqmred to mxesi a mmm~um oF Axe hundred (~001 hours of house, and ~E~AS. Mr. Chiles C. Smith. V~ce President of Immokalee Habitat for Humanity. Inc.. submi~ed to the Or, ce of Housing ~d ~ Improvement ~ Affordable Housing Application dated December 2, 1996 for a waiv~ of impact fees for the construction ora house on Lot I Bull~d Subdi~'ision. l~okalee, a copy of said application is on file in the Housing ~d Urb~ Improvement D~anmem; and ~E~AS. in accord~ce with Section 3.04 of the Libra~' Syslem Impacl Fee ~dm~ce. ~dm~ce ~o. 88.97. as amended, Sectmn 4.0~ of the Parks and Recreational Facilities Impact Fee Ordinance. ~dinance ~o. SS.96. as amended. Section ~ h4 o~ th~ Road Impact Fee ~dinance. ~dmance ~o. 92-22. as amended; Section 3 0~ of the Em~rge~c~ Xled~ca~ 5c~'~ces S~stcm Impact Fee O:dmancc. Ordinance No 9~-71. as amended. ~d Sectmn 3.05 of the Educational FacHme~ System Impact Fee 'JAN 1 4 1997 2~ 26 2~ 2a 2~ .11 I Ordinance. Onfinan~e No. 92-33, is amended; an applicant may obtain a waiver of impact fees by 2 q~alifyinI for a v,'aivet; and WH£REAS. lmmoka~ee Habitat for Humanity. Inc. has quahfied for an tmpacl fee wawer based a upon the following representations made by Immokalee Habitat for Humanity. Inc.: ~ A. The Dwelling Unil shall be sold to a tim-time home buyer. 6 B. 'l~e Dwellinl Unit sl~l be sold to a household with a very Iow income level as that term is 7 defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment I K) purchue the unit must be wi~n the affordable housing guidelines established in the 9 Appendices ~o the respective Impact Fee Ordinances. tO C. The Dwelling Unit shall be the Homestead of the owner. I! D. The Dwelling Unit shall remain affordable for titieen (l 5} yeats from the date the certiticate ~2 of occupancy is issued. 13 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 14 OF COLLIER COUNTY, FLOR. IDA. that: I~ 1. The Board of County Commissioners hereby authorizes the County Manager to issue an 16 Authorization for waiver of impact fees to lmmokalee Habitat for Humanity, Inc. for one (1) 1'/ house which shall be conm'ucted on Let I Bullard Subdivision. Immokalee, Collier County, I! Florida. I,a 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver 20 of impact fees signed by Immokalee Habitat for Humanity. Inc.. and, or the purchaser, or 21 other documentation acceptable to the Count.~~ Attorne),. the Board of Count)' 22 Commissioners hereby authorizes the payment by Collier Count)' of the following impact 23 fees fi.om the Affordable Housing Trust Fund. Fund { 191 }. in the following amounts for the one (I } house to be built on Lot I Bullatd Subdi~'tsion. Immokalee by Immokalee Habitat for Humanity. Inc.: A. Library Impact Fee S 180.52 B. Road .Cmpact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ¢ I ) Communit) Parks 3~9 O0 (2) Regional Parks 179 C~ D. EMS Impact Fee MOO E. Educational Facilities System L'npact Fee $ 1.77g 00 Total Impact fees S ~,929.52 'JAN ! t 1997 3. The payment of'impact fees by Collier County is subject to the execution and recordation of' an Agreement Far Waiver oF Collier County bnpact Fees between the property owner and/or pu~ham, and the County. This Resolumion adopted after motion, second and majorii7 vole {'avorinI lame. DATED: I ATTEST: 9 DWIGHT E. BROCK, Clerk 10 {{ 14 16 Approved a,~ lo form and ~? lega/sufficiency: 22 As~ Co~ 29 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORJDA By: 'dAN 14 1997 EXHIBIT LEGAL DESCRIPTION . BULLARD SUBDIVISION LOT 1. BULLARD SUBDMSION. ACCORDI'N'G TO THE PLAT BOOK THER. EOF, AS R~CORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 'JAN 1 4 1997 Pg. 7 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as 'COLrNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as 'OWNER.' WITNESSETH: Wl-IEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22. as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance. as they ma.,,' be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance". provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OX, WN'ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and X~,'q-IEREAS, the Count.v Manager or his designee has reviewed the OXA .~ER'.~ application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and X~r'rIEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and W]-IEREAS. the COU.'N'TY approxed a waixer of impact fees for O~,~, .'N'ER embodied mn Resolution No. 97.~ at its regular meeting of .l !97; a~.£~) 'JAN 14 1997 _ '~ _ WHEJLEAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with thc COU~rTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCILIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OY~'NER agrees that the Dwelling Unit shall remain as affordablc housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. O~,~"ER represents and v, arrants the following: The D~'elling Unit shall be sold to a household with a vet)' Iow income as defined zn the appendices to the Impact Fee Ordinance and hzs her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dv~'elling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Umt and owes impact fees in thc total amount of S3,929.$2 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees ov.'cd by O's~,.'N'ER covenants and agrees to compl.v with the afro 'JAN 4, 1991 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. IfOg,,~ER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (lS) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COL.~TY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15. years after the date of issuance of the certificate of occ:~pancy, or upon payment of the waived impact fees, the COL~TY shall, at the expense of the COL..~TY. record an.',' necessary, documentation evidencing the termination of the lien. inch,diz:g, but not limited to. a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to thls Agreement and thesr respectixe heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original O~,~, .~ER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OVs,~ER at the expense of OX~,'.'N'ER in the Official Records of Collier County, Florida. within fifteen (15) days after execution of this Agreement by the Chairman of the Board of Count.,,' Commissioners 11. DEFAULT. O~,'~,~,'ER shall be in default of this Agreement (1) where OX,'~ ."N'ER fails to comply with the affordable housing standards and quahfication criteria established 'JAN ~. 4 1997 Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OV,..'NER vtolates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in ~ull by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OI,I,,'NER be in default of this Agreement and the default is not cured within (30) days after wrinen notice to Og,.'NER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COL.~TY by action or sm( in equit)' as for the foreclosure of a mortgage on real property. This remedy is cumulative with an)' other right or remedy available to the COL,.."NTY. The Board shall be entitled to recover all fees and costs, including attorneys ;ecs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first abox e x~ rmen. t, Vitnesses~ Print OWNERS: IMMOKALEE H.&BITAT FOR HU~ANITY. INC. ~-Charles C. Sm~'~'i~ President AGEI~_D_JL ITE M. JAN 14, lg97 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNt', FLORIDA By: · Chairman Approved as to form and legal sufficiency H¢idi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF IT, f~!IL::~) The foregoing instrument was acknowledged before me this ~ day of ~._..~.~, 199K by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Sig'~ature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped jd gm c bullard'agreement AGE T '.JAN 11 1997 EXHIBIT LEGAL DESCRIPTION. BULLARD SUBDIVISION LOT 1, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6- :JAN 1 ~. 1997 ,,,. _/..% RECOMMENDXTZON TO XPPR~VB FOR RECORDX~Q ~ FXI~ PL~T OF #PELX~ L~KE R.V. RESORT UNIT ONE" To approve for recording the final plat of "Pelican Lake R.V. Resort Unit Onew, a subdivision of lands located in Section 15, Township 51 South, Range 26 East, Collier County, Florida. CONBIDE3~TIONI Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of #Pelican Lake R.V. Resort Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Development Co(le - Division 3.2.9. Engineering Review Section recommends that the final plat of "Pelican Lake R.V. Resort Unit One" be approved for recording. FISCAL IJ(P~CT~ The fiscal impact to the County is none. The project cost is $456,543.10 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer Drainage, Paving, Grading - $289,866.00 - $166,677.10 The Security amount, equal to 110% of the project cost, is $502,197.41 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9,170.83 Fees are based on a construction estimate of $456,543.10 and were paid in December, 1996. Executive Summary Pelican Lake R.V. Resort Unit One Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ - $ 540.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) Drainage, Paving, Grading (.425% const.) c) Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.275% const, est.) - $1,449.33 - $ 7o8.38 - $4,347.99 - $2,125.13 GROWTH MA)rAOEMENT IMP~CT~ The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ~ECOMMEND~TION~ That the Board of County Commissioners approve the Final Plat of "Pelican Lake R.V. Resort Unit One" with the following stipulations: Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Pelican Lake R.V. Resort Unit One." e Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreements. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. I AG£N M Executive Summary Pelican Lake R.V. Resort Unit One Page 3 PREPARED BY: John R. HouldSwO~th, Senior Engineer Engineering Review REVIEWED BY: Thomas E. K~k, P.E. Engineering Review Manager Donald W. Arnold vices D..~,~torr. , / Vincent A. Cautero, 'Administrator j Community Development & Enviroh~el~tal Services Community Dev. and Environmental Svcs. DIVISION JRH/ew Date Da~ Date AG£N 'JAN lA 1997 ~ ~ ,, N O R T HENDERSON Df. UMITED -I ! I PROJECT PRO0~CT FAN~I SOUTHWOODS PUD LOCATI0~ COLLIER COUNTY, S15/T51S/RR6E 1991 N~.-2Z/96{FRI} 08:$0 MULLAN ENTERPRISES TEL:410 296 1126 002 CONSTRUCTION, }4ATNTL:rbTANCE AND F. SOY. OW AO~NT FOP. SU~DM$ION I~?RO~S TEI$ AO~ eamred into t~ls _ . ~n, 116~ ~lrd S~t Sm~, S~ l~, Ntples, ~ort~ 341~ ~ere~r ~ m u ~1~, ~d ~ BO~ OF CO~ CO~O~ OF CO~R CO~, ~O~DA, whole ad~e~ Is 3301 ~ T~i~I T~I, H~Ies, Flod~ 3alI2 ~e~!aa~r referred m as '~e ~rd') ~d ~ ~ATIONAE BA~ A. ~velo~r ~, slm~sly appro~ by ~e Board of a ce~tn 7~ of · ~b~ston ~ ~ ~n ~ PELICAN ~ R.V. ~SORT. B. ~e m~dsion ~II Include ~Ln tmpr~emen~ ~'hioh are r~Ired by Collier Coun~ or~a~s, as ~t fo~ ~ a sl~ ~cdon cost esdm~ ('Estima~") pre~'el by ~fl~n, MIII~, B~ ~ P~k, I~., a copy of whkh Is at~hed h~:e~ and tnco~oraz~d h=:ein C. 8~o~ 2,2.6.~.6 and 3.2,9,1 of ~ Collier ~ng Su~vig~ ~e Di~slon of ~e U~fl~ ~d Devel~m~nt ~de re.ires for t~¢ const.n2ction ~d mitr.~en, nce of ~h¢ Recr:ired Improvemc.':~. .o../.L,..u~r.~,/ ',JAN 14. lgg7 NOV.-22"~6(FRil 08:~0 MULLAN ENTERPRISES 21/21/08 '"f~ 16:41 PAZ 041 262 ~6~ TEL:410 296 1126 ~02~ $~C'g & XlN$ PA P. O0$ ~00~ / E. t~ ~tran~e~ purs~rr~ t= t~t A~.em~nt i~ S5~,1~.41, ~d ~ls m~t r~nm ll0g of~e De, Icer's ~nccr's e~ o~ ~ ~cd~ ~,u for ~e ~ire/Impro~menu. NOW, T~O~, In ~l~r~on of ~e fox.fig pmmi~s ~d mum~ hcrcl~fier ~t for~, De~l~r, ~a B~rd ~d ~e ~n~ ~ ~by ~n~ follows: 1. ~eloper ~ll ~ ~c ~r, ~wer, r~, dn~ge ~d like ~d lmpr~, ~ ~ ~c~d ~t ~ ~lfl~ons ~e~ have ~en ~pr~d by ~e D~elopme~t 5e~s Dir~ ~in ~l~.s~ (36) monu~s ~om ~e ~ ~d m~tvlstoa 2. Dc~lcper hg~ ~o~es ~te~ ~ hold S~02,1~.41 from ~ ~, in e~w, pursuit m ~ ~s of this ASr~ment 3. ~d~ Igr~s ~ hold In e~w ~02,1~.41 ~ t~e Con~c~on · sbu~ o~y pur~ ~ ~s A~mmt. ~der ~owlcd~e~ ~at ~is A~:~ment s~l con~i~ a ~sw age,st ~e Con~on ~ ~d. but ~at ~ly ~ch ~nds disbursed, whe~er ~r~t w ~ls A~t or n p~sloa of ~ ~n~on ~. sh~l a~e I~rest. 4. ~e ~ ~ ~.q ~ r~ to ~c De~l~r only up~ wri~n a~pr~ of ~hc Devilment Sc~ Direr who ~1 ~rove ~c rcI~g of ~e fca& on ~os~t not more ~am o~ a mon~ m ~c ~velo~r. in ~na due for work ~onc ~ ~= 1997 NOV.-22"'g6[FRI) 08:$0 ~ULL^N ENTERPRISES TEb4]O 296 []26 BON~ $ClIO~'E~ & I~II~G P.~, P. 004 ~uu~ porc:n~S~ ccmplctio~ of 'd,.e work multiplied by the ropecttva work co~ less ten perccn~ (10'A); ~d t~rtl~r, ~hat UlXm comgl~ton of ~c ~rk, ~e Devg~mtnt ~ Dicer ~dl ~r~ ~c rcl~ of ~7 :cmaln~r of e~ ~ ~pt ~ ~e ~t d ~5,6S431 whic~ s~gl m~lmum ptflod of on~ (1) ~ ~t m p~h I0 of ~e A~~ H~t, In ~a treat ~at D~loper ~zll f~ ~ ~mply wl~ ~ r~lr~an~ ~ ~Jl A~enL ~en ~e ~n~r t~s ~ pay ~ ~c C~ ~medla~ly u~n ~m~d ~ ~ of ~e finds held c~row by ~e ~r, as of ~c ~ of ~c domed, pro~gcd ta~ ~n pa~cn~ of ~ch ~cc to ~e ~nF, ~e Co~ will have ex~=d nd ~H~ m ~ ~der · ~ for ~ch (~) ~vcl~er for more ~ I~ (~) ~7s t~t wti~n ~fic~ of m~ ~ure ~) ~: ~unw, or l~ ~thori~d ~gent, w~l ~mplem ~ ~:k ~I~ for e~s of ~e s~.mmgoned ~n~t or ~11 ~plem ~ch po~ of ~eb ~tk u ~e ~un~, in (c) ~e e~ ~ ~ ~ ~ ~ ~ s~l ~ U~ for ~n~cdon of of ~c D~cl~r ~ ~ ~t ~d ~d~ ~s a~e-meng~ ~el~ment ~k: ~d, (d) The County will promptly repay to the Lender ~y portion of ~e funds drawn down ~d not expended in complegon of t,h~ said development worlc $. Wrlc:e~ notic~ to the Leniar by the O~nty q:~.AfylnB w~t amounu are to be paid the Developer sMll constitute tu',.horizatton by d~8 County to the Lender for relcasc of the specifl.-d ~nds to :he Developer. spedfied in a ie~r of au~ortzation by thc Coumy to thc Lender shall cou~tu:e Payment by thc Lender to the Developer of ere amounts D Ri Listing sheet1 Berkshire Lakes (Countryside) Bretonne Park (Embassy Woods) Citygate Commerce Park Commons Countryside (Berkshire Lakes) Embassy Woods (Bretonne Park) Freedom Square (Lely Resort) Green Heron (Sapphire Lakes) Hon"s Island (Marco Shores)* Isle of Capri Tradt (Marco Shores)* Kings Lake Lely Country Club (Palmetto Dunes) Lely Island Est. (Lely Resort) Lely Resort (Lely Island Est.) (Freedom Square) Marco Shores (Horr's Island & Isle of Capri Tract) * Orchards (Vineyards) Palmetto Dunes (Lely Country Club) Parklands Pelican Bay Pine Air Lakes Pipers Grove (Vineyards) Regency Vllage of Naples Sapphire Lakes (Green Heron) Tollgate Commercial Center Twelve Lakes Village Wilk (Vineyards) Villages of Sabal Bay Vineyards (Pipers Grove) (Orchards) (Village Walk) Woodlands *Marco Country Club needs COA per Stan DRIs approved after 1/10/89 - MUST meet all conditions outlined in APFO. Collier's Reserve (Collier Tract 22) - County water & sewer Crossroads Market Donoma Lake Grey Oaks - City water/County sewer Napa Ridge Pelican Marsh San Miguel San Rafael Silver Oaks Villa Fontana Vineyards Abrbor Glen Page 1 !JAil 1_ ~ 1997 i I~V.-22/96iFRl} 08:$1MIJLLAN ENTERPRISES ?£[~:410 H6 P. 005 Ccr~nty lmci Dcvclopcr of ~e Lendtr for ~e ~nds dls~d In ~r~'n~. wi& ~ 1~ of su~o~flon ~om ~e C~. ~~ ~ ~ r~wed ~d ~p~ ~ ~ ~l~t S~ ~r for ~mpl~ ~e Coil?er CounU Subdivision ~, ~e Devet~ Se~s Direr s~l, ~tn si~ (~ ~ys of ~nt of ~d~ ~mpl~on, eider: a) nodfy ~ D~eloper in ~tgnt ol his prel~lv~ ~r~ ~ ~ improve; or b) nod~ ~e D~l~r in wills of his ~ lmpr~m~is, ~er~wi~ ~ci~g ~os~ ~ons w~tch ~e D~l~r to ob~ ~ Direr of ~e ~ir~ lmp~m~ts. H~r, tn fact c~s~ ~d m~i~d for ~r~ ~R ~r~c~ wi~h ~c r~ul~m~ts of ~s 8. Should the ~nd$ held ~ esc.'~' b~ insufficient to ~plem ~pmvemen~, ~c Bo~d, a~r duly ~nsi&gn{ ~e ~blic M~, my at its ~don ~ple~ ~c ~~ ~p~vem~m ~d resort ~ ~ ~ all 1~ rem~el a~n ~e D~:lopcr. 9. NO. hi ~ ~l A~m~t S~! ~ ~ ~r ~b~ for ~y ~ p~d tn de. gl by ~ D~l~er la ~ce ~ ~ fomgoini pr~si~; sla~l In tl~is Escrow Ag'r--~mtnt. -4- No. ~ 'JAN 141~37 NC~V.-~2"96(FP, i) 08:,11 XULLAN ENTERPRISES TEL:410 296 1125 P. O06 I0, The D~vcloper shall ms. Lnmlu gl Hequlrcd Improvements prclimln&~ ~pro~ by t~ ~vel~e~t Se~ Di~. A~r ~e ~e undor ~is s~ecm~ Is ~t~ed. ~ D~el~r'e ~n~Bl~ for ~qulred lmprov~en~ shall ~ue ~n or until ~c BcIrd ~o~Ibili~ for ~d by ~c C~. ~ ex~u~d by ~ir ~ly ~od~ r~r~n~v~ ~ls ~ ~y of SIGN'ED, SEALED AND DEI.IV'EIt.k'D IN THE PRF.,SENCE OF: ~-. ~l~ Printed Name Printed Name E~CANLAK~IIMrrh"DPAETNImS!-IIP. INC.. a~ Corpomte~ ~'~c::z~ to & bus,ess ~ the Stce of lClorlda NOR.MAN W. WILDER, .S- ' ~T NATIONAL BANIC, OF MAP-YL~C; D /; A~T: DWIGHT E. BROCK, CLERI~ beputyCl~:k BOARD 0P COUNTY COMM:IS$:c: ;.i?,5 OF COLLIER C0UHFY, FLO1LIDA, By: ChairmLn OPh"N'ION OF PROBABLE COST ~d AI; ~. 4 1997 , Oct 28, 1996 15:05 Summzry 0237-00:]-00-£! C gmittry CoUgtion System Potable Wat~ Pzving ~ighting $10,502.00 ~5,5~7.10 Tottl Contrnct $456,543.10 Oct 25, 1996 15:08 Sznita.r7 CoUect~on Syste'n 0237.-003-00-~ 1 Itcm,f De~riotion 42'/ 428 422 423 424 444 445 4.46 447 2091 417 410 9001 435 453 2128 I0' PVC gravity ~ (8'-10' cuO 10' PVC g~vity main (10'-12' cut) 8 · PVC $ravity main (10'-12' cut.) 8' PVC $raviq, ma/n (12'-14' cut) 8' PVC gravity main (14'-16' cut) Manhole 4' diameter (8'-10' cut) Manhole 4' diameter (10'-12' cut) Manhole 4' diameter (12'-14' cut) Manhole 4' diameter (14'-16 cut) Drop manhole outside connection 6' Sanitary ~wer clcanout Single sanitary s~wer servic~ Television iaspection 10' .~taitary sewer 4' PVC forr. elmin (C-'~O, CL-100) 1~,'? station (complete) 6' diameter 12' Stecl c~ing - sa~tary (jack & bor~) Wilson, biilla-, Barton & Peek Op~on of Probable Cost I~Kt, ICAN XAKE R.¥. RESORT Unit I F. s6mlt~ Ouan6tv Unit Unit-Price 917.00 LF $23.00 Page: 2 Amount $21,09L00 35'/.00 LF $26.00 $9,2S2.00 277.00 LF $31.00 525.00 LF $36.00 2.00 EA $1.700.00 5.00 EA $2,100.00 2.00 EA S2.300.00 S13,284.00 S8,587.00 :$3,400.00 $10,500.00 3.00 EA S2,500.00 $7,500.00 1.00 LS $500.00 58.OO EA $1~.00 55.00 EA $320.00 1.00 LS S2,500.00 1.00 EA S3000.00 326.0O LF $T.00 1.00 £A S45,000.00 3~.00 LF S95.00 Totz/Sm~ Collection Sy~: $500.00 $7.~0.00 $ I 8.560.00 S2.500.00 $300.00 $2,282.00 $45,000.00 $3,~0~00 Oct28, 1996 15:08 Page: 3 Potable Water 0237-~O3-4X~-E1 $44 553 469 477 482 2O95 2065 9000 8' PVC wa/ar maia (C-900, Cla.~ 200) 3/4' PVC wa/er sgrvice comple-',- Fir~ hydrant 8' Gatt v.lve with box Air relcas~ valve usgmbly 8' Temporary blow off' Hot tap ~.isdag water main with 12' tapping slegve, valve gr. box Master water meter Wilson, Mill~r, l~arton & Peek Opinion of Probable Cost PELICAN L,IA"P. ILV. RESORT Unit I F~timated Ou~tit~ Unit Unit-Price 2,900.00 L~ 514.50 $42,050,00 58.00 LS $325.00 $1:8,85(100 6.00 ~, SI ,500.00 $9,000.00 $.00 EA S500.00 S2,500.00 1.00 EA 5800.00 $800.00 2.00 EA S'700.O0 51,4CX).O0 1.00 FA, S3,$00.00 53,500.00 1.00 EA 535,0(X100 535,CXX100 To~l Potable Water: S113,10(~00 JAN 111997 EXECUTIVE SUMMARY RECOHMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "N~PLES HERITAGE GOLF & COUNTRY CLUB TRACTS 'tBt~ & ~'C5" REPL~T", AND APPROVE THE VACATION OF PORTIONS OF THE RECORDED PLAT OF "NAPLZS HERITAGE ~OLF & COUNTRY CLUB, PHASE ONE", PETITION AV-96-031 TO approve for recording the final plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat",a subdivision of lands located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, and approve the Vacation of portions of the recorded plat of "Naples Heritage Golf & Country Club, Phase One", Petition AV-96-031. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section together with the County Attorney's Office has reviewed the Vacation Petition and prepared a Resolution authorizing the acceptance of the new plat, and authorizing the vacation of portions of the "Naples Heritage Golf & Country Club, Phase One" plat. Engineering Review Section recommends that the final plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat" be approved for recording. FISCA~ IMPACT: The fiscal impact is as follows. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Total revenue generated by this project: $1,006.20 The breakdown is as follows: a) b) Plat Review Fee ($425.00 x 2 + $4 /ac) - Vacation Petition JAN 1 1997 Executive Summary Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat Page 2 GROWTH KANAGEMENT IMPACT: The concurrency waiver and release for this project has been reviewed and approved by the County Attorney's office. RECOK){ENDATION: That the Board of County Commissioners approve the Final Plat of "Naples heritage Golf & Country Club Tracts #B" & "C5" Replat", and approve Petition AV-96-031 with the following stipulations. Authorize the recording of the Final Plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat". Authorize the Chairman to execute the attached Resolution. That the Clerk make notation of this action upon the original plat of "Naples Heritage Golf & Country Club, Phase One". PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REV~,ED BY: __ -- _ Tho~fa's -E.- Kuck, P'. E.- - Engineering Review Manager~ Donald W. Arnold, AICP ~' ~l~nin,g Services D~or ~/~incene ~i Caut~ro, ~dmSni~ragor Co,unity Dev. and Environmental Svcs. '." /?' Date Date Date' Date COM~LrNITY DEVELOPMENT SERVICES DIVISION JRH 10AN 14 1997 INDEX MAP NOT TO SCALE EAST , , NAPI ".' HA~,IO,ZX ROAD VICINITY, MAP NOTTO -~f~ 'r o.~ 'JAN 14 3997 B£ EA /N; FE $¢ A£ H, T/ /~, ¢, $, P ¢, /^ B. F~ $. $. H C /! C PETITION FORM FOR VACATION OF PLAT OCCURRING SIMULTANEOUSLY WITH REPLAT DateReceived: II' IZ' q[a Petition/Owner: NAPLES HERITAGE./ CLYDE C. QUINBY Address: __3800 AIRPOR T-PULLING ROAD N.__ City/State: __NAPLES. FL Agent: McANLY ENGINEERING AND DESIGN. INC. Address: 5101 TAMIAMI TRAIL EAST, SUITE 202 City/State: __NAPLES, FL Location: Section 9 Township __50 SOUTH_ Legal Description: SEE ATTACHMENT (4 PAGES) Petition #:A Yq ~b, - 031 Telephone: m261-1166 Zip Code: m34109 Telephone: _77.5-0723 Zip Code: ~34113 Range 26 EAST Subdivision: NAPLES HERITAGE GOLF& COUNTRY CLUB Plat Book 26 Page (s) 73 THROUGH 80 Reason for Requesting: ~TO EXCA VA TE LAKES FOR ONSITE FILL Current Zoning: PUD Does this effect density.'? NO I H~ove to Represent Me for this Petition: Yes., ~ SignatureofPetitioner Datei ' Printed Title No 'JAN 1 1997 S~ECI3kL p0W~R OF ATTOKNXY I Clyde C. Q~inby, who as Tl-ustee, am th~ o~er of th~ real property described on E~ibit "A' attsch~d hereto ~d ~d~ ~ part herein by reference, here~ ap~int peter Comaau of U.S. ~ome Co~oratfon Atto~ey-fn-F~ct to act in ~ cap~city to any and ~11 of the To ~pply for, ~d ~xecuce nec~s~a~ documents ~o obtain all ~nvironm~tal and l~d development p~its and d~v~lopment orders to b~ issued by Collier county, South Florid~ Water Management District, Florf~ PepsOdent of ~vfro~ntal prot~ctfon, and oth~r state, f~deral and cowry aG~cf~s ~hat ~re nec~ssa~ for development of th~ proper~y de~cri~ in ~bi~ "A", in accordance with the ~st~r Plan a~ doc~t as a~pted ~ Collier Cowry in Collier Co~=y Ordinance . 95- 74 on Dece~r 12, 1995. 'The rights, powers, ~d authority of ~ atto~ey-in-fact to ~ercise ~y ~d all the rights and powers ~anted s~ll c~nce and be in full force and effect as of ~ril 4, 1996, ~d shall re--in in full force and effect until April 3. 1997. IN WI~SS ~EREOF. I have set my hand and seal on ~his the day of ~ril, 1996. ~i~nes~es: Signature U Name Printed Name Printed STATE OF FLORIDA OF The foregoing inet~-umen~ was acknowledged before m~ chis _~day of Si~t~e o~ N&ta~ ~li State of Florida Print. ~ or Sta~ ~iesioned Name of Nota~ ~lic 05-57~-1996 12: 09P~ OR Produced Identification LEGAL DESCRIPTION. TRACTS "GC4A" and "GC4B", NAPLES HERITAGE GOLF & COUNTRY CLUB TRACT "GC4A" Commence at the North 1/4 comer Section 9, Township 50 South, Range 26 East, and run S00046'52"E for 682 33 feet; thence run N89*I3'08"E for 25.44 feet to the "POINT OF BEGrNNING", said point being on a curve concave Southeasterly; Thence run 63.38 feet along the arc of said curve having a radius of 40.00 feet, an included angle of 90°46'52", a chord of 56.95 feet, and a chord bearing of N44*36'34"E to a point oftangency; thence run Sg0°00'00"E for 63.44 feet to a point of curvature .fa curve concave Southwesterly; thence run 101.26 feet along the arc of said curve having a radius of 60.00 feet, an included angle of 96'41'31", a chord of 89.66 feet, and a chord bearing of S4 I°39'15"E to a point of reverse curvature ,fa curve concave Southeasterly; thence run 45.03 feet along the arc of said curve having a radius of 1002.00 feet, an included angle of 02°34'29'', a chord of 45.02 feet, and a chord beating of S05024' 16"W to a point of reverse curvature of a curve concave Northeasterly; thence run 175.80 feet along the arc of said curve having a radius of 1002.00 feet, an included angle of 10°03'09', a chord of 175.58 feet, and a chord bearing of S00054'33"E to a point of reverse curvature ,fa curve concave Southwesterl~ thence run 24.53 feet along the arc of said curve having a radius of 120.00 feet, an included angle of 11°42'37'', a chord of 24.48 feet, and a chord bearing of S00°04'49'E to a point of tangency; thence run S05°46'30'W for 99.91 feet to a point of curvature of a curve concave Northwesterly; thence run 29.25 feet along the arc of said curve having a radius of 120.00 feet, an included angle of 12°57'53", a chord of 29.18 feet, and a chord bearing of S12°45'26"W to a point oftangency; thence run S19°44'23"W for 56.48 feet to a point of curvature ,fa curve concave Northeasterly; thence run 26.12 feet along the arc of said curve having a radius of 20.00 feet, an included angle of 74049'56", a chord of 24.30 feet, and a chord bearing of S17°40'35"E to a point of tangency; thence run S55005'33"E for 46.18 feet to a point of curvature ,fa curve concave Southwesterly; thence run 97.20 feet along the arc of said curve having a radius of 60.00 feet, an included angle of 92°49'01", a chord of 86.91 feet, and a chord bearing of S08'41'03"E to a point of tangency; thence run S37°43'27"W for 74.10 feet to a point of curvature of a curve concave Southeasterly; thence run 34.25 feet along the arc of said curve having a radius of 30.00 feet, an included angle of 65°24'49', a chord of 32.42 feet, and a chord bearing of S05°01'03"W to a point of tangency; thence run S27°41'22"E for 55.64 feet; thence run N86°31'0T'W for 14.93 feet; thence run S57°36'13"W for 161.18 feet; thence run N00046'52"W for 813.52 feet to the "POINT OF BEGINNING", containing 2.81 acres, more or less, ~bject to easements, restrictions, and reservations of record; I~. 7 JO 'JAN i 4 1997 ,,,, q Z r'-' Z .-i .< 199_ ~.-_ w 7 VACATION OF A PORTION OF TRACT "C5" NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE TRACT GC4A & GC4B OF PROPOSED PLAT OF NAPLES HERITAGE GOLF & COUNTRY CLUB TRACT "B' AND "C5~ REPLAT ADJACENT PROPERTY OWNEP,~ 50-26-09-019 Jo~ph S. Grazzo 25 Newport Drive Port Jefferson, New York 11776 50-26-09--035 Felipc Garcia 141 Sabal Lake Drive Naples. Florida 33942 50-26-094')04 Hub<hmann ,~aciate~, Limited 7200 Dav/s Boulevard Naples. Florida 33962 '50-26-09-053 A.W. Cook, Jr. et u.x 3050 Crayton Road Naples. Florida 33940 'JAN 1 4 1997 RESOLUTION NO. ~6 1 2 3 RESOLUTION AUTHORIZING T~E ACCEPTANCE OF NAPLES HERITAGE GOLF ARD 4 COUNTRY CLUB TRACTS "B" & "C5" R~PLAT, A REPLAT OF A PORTION OF A 5 PREVIOUSLY RECORDED PLAT KNOWN A~ NAPLES HERITAGE GOLF & COUNT~ CLUB 6 PHASE ONE, A3~D Ab~HORIZING THE VACATION OF T~E CON$~FATIO~ F,%~E~-wT 7 ACCORDING TO THE ATTACHED LEGAL DF~CRIPTION, P~TiTIO~ AV-96-0]I 8 ~EREAS, the Board of County Co~=issioners cf Collier Coun=~. 9 Florida, on April 16, 1996 approved t-he plat of ~aRle~ ~eri~ Golf & 10 Country Club Phase One for recording; and 11 ~EREA$, Clyde C. Qulnby, Individually and ,$ ~e~ ~s file~, 12 for a replat of a portion of said lands; and 13 WHEREAS, except as provided for in this Res:lu=icn, ~.is =e~lat 14 does not extinguish or in anyway affect the dei:Catlcn~ c~m=aA~ in 15 the previous plat of these lands; and 16 ~EREAS, Clyde C. Quinby, Individually am~ a~ .?ustee. desires to 17 vacate the Conservation Easement as described =n ExpliCit 'A': and 18 ~EREAS, the granting of the vacation will ha= adversely affec= 19 the o~nership or right of convenient acces~ cf ether property o%~ners; 20 and 21 ~EREAS, as required by Section I77.101, Florida Statutes, 22 notice of the proposed vacation was published in a local newspaper of 23 general circulation in not less than t~o weekly issues, and all of the 24 other requirements set forth in Section 177.101 Florida Statutes, have 25 been met; and 26 WHEREAS, this parcel, the approved plat of Naples Heritage Golf & 27 Country Club Tracts "B" & "C5" Replat, is a part of a previously 28 approved and recorded plat, Naples Heritage Golf & Country Club Phase 29 One, and the filing and recording of this approved plat shall not 30 affect access to lots previously conveyed under =he Naples Heritage 31 Golf & Country Club Phase One plat. 32 33 34 IJAN 14 1997 AG£ I M 1 NOW, THEREFORE, BE IT RF..~OLVED A~D ORDERED BY T~{E ~A~ OF CgUNTy 2 COMMISSIONERS OF COLLI~ COLd, FY, FI~DRIDA, that the plat of Naples 3 Heritage Golf & CounKr~y Club Trac~s 'B' & 'C5' Replat, a park of a 4 previously approved and recorded plat, Naples ~eritage Golf & Country 5 Club Phase One, is hereby approved for recording and the dedications 6 contained on the plat of Naples Heritage Golf & Country Club, Ph&se 7 One are hereby accepted, and those lands described in Exhibit 'A" are 8 hereby vacated. Said vacation shall become valid and effective upon 9 recordation of the subject replat. 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 BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of this replat and a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM~ISSIONERS COLLIER COb~TY, FLORIDA By: JOHN C. NORRIS Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney PAGE 2 EXECUTIVE SUMMARY WATER FACILITIES ACCEPTANCE FOR DIAMOND LA]KE, PHASE 1, (MIRAGE) 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 Diamond Lake, Phase 1 and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Diamond Lake, Phase 1, 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) 3%n 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 l~gal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cashier's check in the amount of $1,322.00 has been accepted as surety. FISCA~L IMPACT: 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. GROWTH MANAGEbfENT 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. ,JAN P'~._ Executive Summary Diamond Lake, Phase 1, Page Two (Mirage) RECOI~ENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Diamond Lake, Phase 1, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for cashier's check in the amount of $1,322.00. 2) 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. 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. Bacteriological testing has met the County's 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 of water usage bacteriological testing PREPA~RED BY: Shirley Ni~' En%iPf~e~ing Technician II Engineerih~ Review Services from Utilities for Date Thomas E. Kuck, P.E. En~ng Review Se, r~;J~c~es P~nager Donald W. Arnold, AICP Planning Services Department Director Vincent A. Cautero, Adminisf-~atc~_~ CO?iMUN!TY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments z/ /zx Date Date Date AG£N - '. JAN { ~- 1997 PROJECT' LOCATION lJAN t q 1~97 County or Collier BOARD OF COUNTY COMMISSIONERS CC~UER COUNTY COURT'MOUSE ~01 T.,k~IA.K,,I! TR.Idt. EAST NAPLES, Ir~.OR~DA 339~,2 BY: RECEIPT: PAYOR: REF: OFFICIAL RECEIPT ~,.i[., 1:: ,:,-~ .~.:.', .l.,,~,u, ~. DEPUTY CLERK ~'hcn Validilcd (~': l..~cZ,i); AMOUNT DUE ~.368028 DESCRIPTI '~: ":'""" .......... WILLOUGHBY GARDENS ASSOC E - DIAMOND LAKE 510063684 (~IRAGE~ DEFT: £,SC: FROJECT REVIEW SE;~VICES TOTAL DUE:: 1322.00 .JAN 0 t997 Pi, ~ .E. XECUTIVE SUMMARY RECOMMENDATION TO APPROVE AN IMPLEMENTATION PLAN FOR A DRAINAGE OUTFALL TO SERVE THE WEST END OF ERIE DRIVE IN WILLOUGHBY ACRES. _OBJECTIVE: To obtain Board approval of an implementation plan to acquire drainage easements and construct a drainage outfall for the west end of Erie Drive in Willoughby Acres. C~ONSIDERATION,g: Due to development and changes in drainage patterns for the west end of Erie Drive in Will0~ghby Acres, the wetland slough located at the west end of Erie Drive is reaching a higher water elevation each year at the peak of the rainy season and resulting in inundation of surrounding platted lots. Site surveys by both Transportation Services and Development Services indicate that two solutions are possible. One solution would be to reconstruct all the driveways so as to direct excess rainfall-runoff eastward to the storm drain system along Euclid Avenue. This atternative is costly due to Ihe amount of pipe and limited capacity of taking the runoff "up hill" from west to east. The estimated cost of this option is $30,000. Another solut on, which is estimated to provide adequate outfall capacity, is to obtain drainage easements from three residential lots and construct an outfall ditch to a future drainage system for the Sawgrass Subdivision (west of Kirtland Avenue). The easements are estimated lo cost $7,500 in staff time, and the excavation is estimated to cost S8,000 in staff and equipment effort with the outfall as shown on Attachment 1 and Attachment 2. The latter alternative is recommended due to reduced cost, but remains subject to the permitting and development of Sawgrass Subdivision as outlined on Attachment 3, and the County requiring the Developer to both permit and create drainage capacity to maintain the water level in the cypress slough below the elevation of Erie Drive. FI~SCAL IMPAC_T: The recommended resolution of the existing drainage condition is the excavation of an outfall ditch as outlined above. The cost of construction will be an in-house cost of ~~ - --- .; ...... a,-,d the Road Department. The cost of easement acquisition will require the establishment of a project account and funding via Fund 313 Reserves since the Project will result in improved road drainage. _GROWTH MANAGEMENT IMPACT: Not applicable. R__ECOMMENDATION: That the Board of County Commissioners approve the Drainage Improvement Projec~-outlined above, and approve implementation to include authorization of funding for easement acquisition via budget amendment approval in Fund 313. P R E PA R E D B y: ~'~"-'-~'----~"~ G. F. Archibald, P.E. Tz~:)orlation Director Rayrr'~nd VV. Miller, P.E. Acting Public Works Administrator DATE:_ DAT : ,z/%/':? 7 GFA/rnk,/122796/ES Ene Dr ©rg Pro] doc Atlachments ~L~O0°O'N g"~, 0 0 o0',~'. · 1, 0'L £ '3,, t----' 6g'gE ~ gg'gE~ I Zg'.~C L O~ 9g'g£~ O~ ~,1,-- ir. l;,'~'~gL- 0 OoO'N 1,60'LF_.£ *~'0. ':3 ,,0 I, , L OoO'N IN3Pq3SY3 AZIgI.L~ I I £ NOI$1^IQgt'IS Z O 0 c~ 0 0 i,-4 0 c~ ~L, U 0 EXHIBIT A 1 of 2 AII'ACH, MEN-1, 3 G ,r I ~XECUTIVE Sb~MARY RECOMMENDATION TO APPROVE THE PURCHASE OF READY MIX/MOBILE CONCRETE FOR THE ROAD ~ND BRIDGE SECTION IN ACCORDANCE WITH BID ~96-2610. QBJECTIVE: Gain Board approval to award the Ready-Mix Mobile Concrete in accordance with Bid #96-2610 to Florida Rock Industries in the net amount of $25,000.00. ~ONSIDEP~TION: The Ready-Mix previously budgeted is necessary for the maintenance of sidewalks, and bridges in various areas of the County. Invitations to bid were sent out by the County Purchasing Department on November 15, 1996 and cpened on December 11, 1996. Attached is a copy of Bidders tabulation sheet per Bid# 96-2610, Ready-Mix Mobile Concrete; summary of bid is outlined as follows: FIRM Florida Rock Industries Naples, Fi. BID PRICE 3000 PSI $42.00 Cubic Yd. 3500 PSI $44.50 Cubic Yd. 4C00 PSI $46.50 Cubic Yd. 400 to 500 PSI $40.00 Cubic Yd. (Flcwable Fill) Lakeside Buildin~ Projects 3000 PSI $46.50 Cubic Yd. of Florida inc., Estero Fl. 3500 PSI $48.50 Cubic Yd. 4000 PSI $50.00 Cubic Yd. 400 to 500 PSI $48.00 Cubic Yd. (Flowable Fill) Labelle Building Supply 3000 PSi $53 00 Cubic Yd. Lab~ ~ ~ ~ F1 ~ · ...... 3500 PSI $55.00 Cubic Yd. 4000 PSI $58.00 Cubic Yd. 400 to 500 PSI $44.00 Cubic Yd. (Flowable Fill) Rinker Materials 3000 PSI $49.00 Cubic Yd. Naples, Fi. 3500 PSI $52.00 Cubic Yd. 4000 PSI $53.00 Cubic Yd. 400 to 500 PSI $40.00 Cubic Yd. (Flowable Fill) Staff has reviewed the above bids and recommends the bid submitted by Florida Rock Industries as being the lowest bid proposal. [IS~A~ IMPACT:_ The funds for the Ready-Mix Mobile funds: 101-163620-653150 104 - 1636&~653150 102-163641-653150 103-163642-653150 106-163645-653150 and available in the amount of $25,000.00. ~ROWTH MJuNAGEMENT IMPACT:_ None RECOMMENDATION£ That the Board of County Commissioners award Bid #96-2610 to the low bidder Florida Rock Industries for the purchase of Ready-Mix Mobile Concrete. Concrete are budgeted in PREPARED Larry Henry ~ DATE: Road & Bridge Superintendent ~ DATE: ~eo~c~ Archibald P.E - Transportation Director BY:ste [~ ~ , Purchasing Director Raymond W. Miller, P.E. -- -- ,, Interim Public Works Administrator N:ING DATE: Dec. 1 I. 1996 Page I of I VENDOR NAME PEces Net Delivered Per Cubic 3000PSI ReadyMLx Price per C.Y. S '~,,.Q..OO $ g/&,~'O/,I~ $ E~.~ S ~,~ 3500PSI ReadyMLx Price per C.Y. S 4000 PSI Ready Mkx ~ce per C.Y. s 400 to 500 PSI Flowable Fill P~ce per C.Y. Prompt Pa?men: Te,,"ms: __% days % __days % days Net '~O days Net da?s Net ~ days O~,ddenda Ackno',sledged: __YES ~NO ~TS __NO ~NO ~ % I~' da.~s Net ~C) da.~s YES NO '~]TNTSS: "No Bi~" received from: EXECUTIVE SUMMARY APPROVE CHANGE ORDER #I TO WORK ORDER #VB-15 (UNDER ANNUAL GENERAL CONTRACTOR CONTRACT #RFP 95-2334 ) TO VANDERBILT BAY CONSTRUCTION, INC. OBJECTIVE: To obtain Board of Collier County Commissioner's approval for the authorization of additional services required to complete the repairs to the Vineyards Community Park Community Center. CONSI'DERATIONS: On October 21, 1996 a work order VB-15 for $41,984.00 was issued to Vanderbilt Bay Construction, Inc. Additional repairs in the amount of $13,334.00 for temporary air-conditioning, resurfacing the West basketball court, and application of additional waterproofing are required. These repairs are necessary to maintain the publics use of the park building during construction, match the repaired basketball court surface to achieve uniform appearance, and to install the foundation waterproofing in accordance to the manufacturer's specifications. FISCAL IMPACT: Funds are available in the amount of $13,334.00 in fund 368; 156418 - 80028, (Vineyards Community Park). GROP,'Ttt MANAGE.MENT I.MPACT: None RECOMMENDATION: That the Board of Collier County Commissioners 1. Approve change order ~1 in the amount ofS13,334.00 to v,'ork order #VB-15, subject to Count.,,' Attorney's review for leeal sufficiency. 2. PREPARED BY: REVIEWED BY: Authorize the OCPM Director to execute ~he change order. , ~'~ ~",~ 'c.e Date Bob Pierce, Project Manager Office of Capital Projects Management George/Parker, Senior Project Manager For Adolfo A. Gonzalez, P.E., Director Office of Caphal Projects Management REVIEWED BY: , Raymond W Mil er P.E. Interim Administrator / Public Works nMsion _ ~. j_~_.( .~~, CHANGE ORDER CHANGE ORDER NO ~ ANNUAL CONTRACT NO RfP 995-2334 WORK ORDER #VB.15 TO: Vanderbilt Bay Construction, Inc 2340 J & C ]~9ulevard Naples. Florida DATE: December 12. 1996 PROJECT NAME: Vineyards Community Park Center PROJECT NO.: Under our AGREEMENT dated Qctober 2I, 1996 You are hereby authorized and directed to make the follo~,'ing change(s) in accordance with terms and conditions of the Agreement and to supply all labor, material, and equipment to: 1. Install 70 LF ADS per proposal dated November 14, 1996 2. Resurface west basketball court per proposal dated November 1~*, 1996 3 Apply 2 coats of' thoroseal, add ADS drain at 3 entrances, and temporary air conditioning per proposal dated December 4, 1996 $1,922.00 $4,925 O0 $6,48700 TOTAL $13,334 OO FOR THE (Additive) (Deductive) Sum of. Thirteen Thou~an~ Three Hundred Thirty Four and 00/100 [~ollars ($13,33-1 00). Original Agreement Amount $'1,1,98.t 09 Sum of Previous Changes S ~) 09 This Change Order (Add) (Deduct) $13,~3~, O0 Present Agreement Amount $55318 O0 The time for completion shall be (increased/decreased/unchanged) due to this Change Order Accordingly. the Contract Time is 9_2 calendar days and the substantial completion date is February 199'7. Your acceptance of this Change Order shall constitute a modification to our Agreement and ~11 be performed subject to all the same terms and conditions as conlained ~n our Agreement indicated above, as fully as if the same were repeated in this acceptance The adjustment, if any. to the Agreement shall constitute a full and final settlement of' any and all claims arising out of' or related to the change set f'orth herein, ,ncluding claims for impact and delay costs. CONTRACTOR: OWNER: APPROVAL AS TO FORM AND LEGAL SUFFICIENCY: Vanderbilt Bay BOARD OF COUNTY Construction, Inc. COMMISSIONERS OF . · -- COLk'I E ~. COUNTY. FL Asst. County Attorney WORK ORDER #VB-15 Agreement for General Contractnr's Services Dated March 28, 1995 (RFP 95-2334) · ,'ICE OF L JE'CT$ MANAt:.'. This Work Order is for General Contractor's Services for work known as: Project' Vineyard~;(~ommunityPark, Community~enter~apital Improvements The work is specified in the proposal dated October 2, 1996 from which is attached hereto and made part of this Work Order. In accordance with terms and conditions oF the Agreement referenced above, Work Order #VB-15 is assigned to Vanderbilt Bay Construction, Inc. fCop¢ of Work: Task ! - Rock trench and foundation waterproofing Task 1I- Entrance door hardware Task Ill - West basketball court repairs Schedule of Work: Complete work within~ days. Start ~- a,.,~,..~. Compensation' In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in The schedule below.(Or an established hourly rate(s) as enumerated in Schedule "A" of the agreement.) Task I S36,362.00 Task II S 2,910 00 Task Ill ~ 2,712 00 TOTAL S41,984.00 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule A of the Agreement. Adolfo-A. GCnzalez, P~, I~rector 'Date ACCEPTED BY: Vanderbilt Ba7' Construction~ Inc. Name of Firm Date GP sc. WO\'B.l~ ghp Title Mq:=: Date '. '4~'~)7~ 'Approved as to form and~-~,~;~e~n~y: ::- i VANDERBILT BAY CONSTRUCTION, INC. 2340 J & C 8oulever'd Telephone (g4,:] 5gl.ogOO Nnples. FL 54109 Fax (941) 591-8181 November 14. 1996 Attn. M.r George Parker Collier County Government Center Office of Capital Projecls Management 3301 F2.s't Tamiarni Trail, Bldg "D' RE: VINEYARDS COMMUNITY PARK CENTER Purchase Order #701412 Request for Proposal De2.r George At your request, please accept the following m respon.~ to your request for proposal for additional work needed at the above referenced proi¢ct The scope is as follows Pro,Adc ~d ins~l approximate 70 LF orb" .'~dDS pipe to ex'tend proposed 6' ADS from playground to CB-9 Th. is price includes, cxcavalion, backfill and core drill of CB.9 TI'ds price excludes, excavation or removal of rock from site, permit fees, testing or restoration of any areas not directly effected by our scope of work Total cost for ti'ds proposal will I~. ~ Please initiate the neces, s. ary change order as soon as possible, so as not to interrupt the construction progress once sinned As always, if you have any questions, feel flee to contact me Sincerely. William T Lewis Superintendent cc Bob Pearce../OCPM '¢p-pipe. w'ps /m e,3.,LL40 o ; VANDERBILT BAY CONSTRUCTION, INC. 2340 J & C N.p;~.FL 34109 Fax(941)5914181 November 14. 1995 Attn ,Mr George Pa~ker Collier County Ooven'm~ent Center 3301 F.a..q Tamia.rnJ Trail. Bldg 'D" Naples, F'lorida 33962 VISN'EYARDS COMMUNITY PARK CENTER Purchase Order//701412 Request for Proposal Dear George The following is m response to your request/'or proposal to "resurface the west ba.tketball court." at the above referenced project Please accept the following ~tem.~ I ) Pressure clean enure surface to rcmovc foreign matter and nmldew 2 ) Bond and patch membrane surface in gouged areas, under west backboard and near center court 3 ) Apply one (I) coat ofresurfacer. 4 ) Apply two (2) coats of green plexipave 5 ) Restripe to exiting layout 6 ) Rework northwest green ~ea near court to provide more adequate drainage. Total cost for tNs proposal will be Pleas~ note, zhat this work is in addition to any work a/ready ~cheduled to be done on the above referenced purchase order If you w~ us to proceed, please process a change order as quickly as possible, .to we can proceed accordingly If you should have any quesuor~ please conu~ct me at any time. Sincerely, Superintendent . .. ' , ,.,:, - = i, cc' Bob Pe~rs~,'OCPM. " .... ~ [ vp--court wps VANDERBILT BAY CONSTRUCTION, INC. 2340 J & C 8o~fe,,,.~d T~iel:~.o,e,.e {941] 591-0900 Napte's. FL 34109 Fa~ (941) r~91.8181 D~ccmbcr 4, 1996 Mr George Pazkcr Collicr County Government Center Offices of CapitaJ Projects Management 3301 East Tamiami Trail, Bldg"D" Naples. Florida 34112 RE: VLNEYARDS COMMUNITY PARK CENTER Proposal Requea! Dca: George Pursuant to our convert, lion yesterday, regarding additional work at the above referenced project, please accept the following Second application of ThoroseaJ Coating ."kddmonzl preparation of foundation (~ windows and doorw.~ys ~..hl ~ typ,cal Excav-atc. install m. arifi, 6" ADS, rock trench backfill Excavate, prep @ doo, ways. Thoroseal Coatin:_., and backf-JJ R. craove concrete sidewalk Excavate. prep doorway. Thoroseal Coating. and backfill Provide temporm"y conneclion and disconnect of HVAC units to allow operation during application S 1.465 O0 $1,620 O0 ~30 O0 768 O0 N/C 256 O0 SI ,548 00 WTL/clb William T l,cwis i ,zz=(.22~.¥) t Sup~intendcnt If your have amy questions, please contact mc al any time We await your direction, as to how you wish us to proceed EXECUTIVE St'M',IARY APPROVE Bt'DGET AMENDMENTS RECOGNIZING CARRY FOR~A'ARD AMOt .~TS FROM F~' 1996 FOR OPARKS PROJECTS IN' FUNDS 306,345. 365. & 368 OBJECTIVE: To obtain BCC approval of budget amendments that will allow unexpended funds budgeted for Parks projects to be carried forward and re-appropriated in the FY 1007 budget. CONSIDERATIONS: Funds were appropriated in FY IOO6 for multiple Park projects. Staffwas unable to encumber all the appropriated funds before the end of the fiscal year These funds are still required to complete the approved prOJects. FISCAL IMPACT: These unencumbered funds were anticipated for carr2,.' forward in the preparation of the FY 1497 Parks budget. I.'l(Vl~ I'Rt~IEr'E? R£?ERr'f:i~ 306 S 458181 S 23.350 S 481.531 345 S 65.358 S 176.7Ol S 242.14o 365 S 0 S 712 S 712 368 SI.377.837 S 184.o06 SI.562.743 Add~uonal Funding Requested Project 8nu69 - Gulfcoast Lmlc League S 1¢ ~,,} - Bamng cage. pncher ~arm up cage and adchuonal OCPM fees ProJect .x~,~37 - South Naples Park SS.l,.~ - OCPM fees project ,sn~)16 - North Naples Basketball - S 1o ~ - AddJtional OCPM fees duc Io changes in ~ork GRO'~,'Ttt MANAGEMENT IMPACT None RECOMMENDATIONS: That the BCC approve:authorize the necessar..- budget amendments to can3.' forward FY 1o96 unexpended funds into FY 1oo7 for Funds 306. 345. 365. & 368 PREPARED BY /'_._/_~;~ L/',! J_: !.uD~?~l DATE: "S'~aron Newman. Accounting Technician Office of CapltaJ Projects Management .'~olfo .a ~lez. Pti. D~ecxor Office of Capi~l Proje~s M~agement RE,'IE,,~D BYe,, ~~ DATE ~omas X~O~. A tot Publ~Se~qces REVIE~D BY' ,~- ~z<~,~'// r DATE: Rayt~ond W Miller. P E. Interim A~m~rator Publlc Works D~ns~ CC: George Parker. Senior Project .Manager. OCPM ,, ,337 / I;/? ? Additional Carry Forward Fund 306 Parks User Fees FY96 Fy96 Amended Actual Increase Forecast Exp/Enc (Decrease) BI)1137 80072 g~213 ~216 Chfidrens Pla.', Area Frank E Mackle Childrcns Plax Area hnmo~lee Rec Center S Naples Comrnumt? Park GG Corem Pk Athletic Fields Ton} Rosbaugh Park Gulfcoast Lmlc League )~aron Lutz Park Naples P~er Naples Landing Park Caxarnbas Enx ~ronmcntal Clcn Ba,. x icy. Park East Naples Roller Rink Lake Ax alon Clam Pass Park Util \Valko,, cr Dunes Barefoot Beach Impro~ ements General Total REVENUE Transfer General Fund Contributions Interest Grants Cam,. Forv, ard Total Rexenuc 87.,SI,~ 95.247 17.447~ ,R~,t){}{) 96.11711 17. I 164.(:,i111 56.173 I~h'q 427 13.41)() 14.t 15o ((,5~ 4.4~)1) 2 ;5( 2.050 12'1 ~, ~ ,,.',', ..... '~ 25.41~ 24.785 615 225.o(}¢~ 367.632 17.,'q~;(I 19.')39 12.1391 283.1~t~ 24~.361 34.73"/ II ( ) ) 211L4~,) 186.573 23.827 37. I~l~ 57.141 (41 51~(, 8~}{} 347.215 15'-t.586 17J{i,) 51.35n 12.uo{) 112 lI,Un,) 97.173 2.n44.$~.} 1.696. I-7~ 3-18.631~ 597.2ol) 597.3~t 201.1on 2t~2.768 1.668 65.D,) 196.433 131.233 854.2~,~ (854.2nn) 1.956.4n0 1.956.4oo 3.674.1o11 2.952.8ul 1721.29% 1.629.311t1 1.256.631 [ 1.419.447 8:.4.2n } REVENUE LESS EXPENSES [.ESS F"t'97 BUDGETED CARRY FORWARD 1:"1'97 Gram Ro, enue project 8n~181 {ADDITIONAL CARRY FORWARD I -181.531 } The grant revenue for project 80081 was budgeted to be received in FY96. This did not happen, therefore, the grant revenue is being rebudgeted in FY97. Additional Carry Forward Fund 345 Regional Park Impact Fees FY96 FY96 Amended Aclual Increase Forecast Exp/Enc (Decrease) 8~)056 81)06 I ,~f~71 8(1~176 8t)2t)8 8O2 14 81~2 15 802 16 lmmokal¢c Rcc Center GG Corem Pk Orangctrcc Corem Pk Baxxicx~ Park Bayx ic~ Park Boat R~mps Caxambas En',ironmcntal Clcn Grax¢l Parking Lot Barefoot Bch Off Site Parking Barefoot Bch Phase Ix,' Parking Barefoot Bch Clam Pass Park Util \Valkover Dunes Bonito Beach Addution C~l~cr Nhsc Scm ices Transfer 5% Commcrcial Paper Loan Total 15.5{)c~ 15.488 12 3.3('}0 3.244 56 2(LOO0 475 19.525 12.7hi) 12.667 33 5.5oo 6.610 I1.11o) 3.5o0 295.{}t)U 289.104 5.896 37.5{)0 788 36.712 107.11~0 5.704 11)1.396 I{L()II (ll).()ll) 98.5{)O 58.564 39.937 I.t}l}O 962 38 149.7~)O 149.679 21 317.17u 745.8~)0 874.u14 1128.2141 REVENUE Impac! Fees Interest/Misc Loan Proceeds Carry Fo~,aard 62~)J10(~ 776.463 156..1.63 21.7~}0 21.7(}0 - ')31.7~uJ 93 1.573.4ou 1.729.863 ] 56..163 REVENUE LESS EXPENSES I 827.6o° I 855.849 LESS FY97 BUDGETED CARRY FORWARD 613.7{}1 [ADDITINAL CARRY FORWARD 242.149 ] Addrhonal Carry Forward Fund 365 Immokafee Impact Fees FY96 Fy96 Amended Actual Increase Forecast Exp/Enc (Decrease) Ton~ Rosbaugh Park REVENUE '),~ q ~[ 9X.514 ] fl4)l Impact Fees Interesb'Misc Carry Forward REVENUE LESS EXPENSES LESS FY97 BUDGETED CARRY FORWARD IADDITINAL CARRY FORWARD 2 I. IoI~ 25.726 4.626 l.Sun 143.o¢)1~ 147.626 4.626 49.1121 712] AdOd~onal Carry Forward Fund 358 Parks tm;')act Fees Naples and Urban Colher FY96 Fy96 Amended Actual Increase Forecast Exp/Enc (Decrease) 8tx~59 8o079 81){~7 80068 80027 NN Naples Basketball tmmokalec Basketball Immokalcc Footbal[,'Socccr Vinc.~ards Corem Park S Naples Corem Pk GG Corem Pk GO Estates Pk Athle[ic Fi¢Icls & Courts OG Corem Ccmer Ton.', Rosbauth Park F~cquct Center Improxc East Naples Roller RHlk Fnncss/Cashienng GG Skateboard Ramp Autos & Trucks Hcax~ Eqtnpmcnt Mlsc Opcran ng Residual Equit) Transfer Out 193.gui) 181.46..1 12.3'~6 (,f).()()( 13.422 46.578 I))!).l)l)t) 5 ) )43 4'.I.')58 6t).n~u) 6t).().15 f45 )] I .I)l)l).l)ll()] .I)()D.fH)() 34.7()() 34.676 24 1.()3 I.St)O 1.611.889 19.611 1.6,')3.4(~fl 638.O7¢) I.O25.330 4(U)()() 39.673 327 3()~).u()t) 278.463 21.537 31)().(u)() 3').365 26)).635 97.1)()1) 94.735 2.265 I) 31).1)1)~) 3 l{).()l)l~: 51.397 258.6O3 f): 16.8()5 (16.8(~5) () 57A.655 1573.6551 5.79o.4~u) 4.963.16() 827.241 REVENUE Impact Fees Interest Residual Equity Tran Carry Forward I. 15(L()()() 2.156.411 I.(,)6.411 1()7.30t) 427.4oO 5.6')6.7()O 7.381.4OO 8.387.811 I.oo6.411 REVENUE LESS EXPENSES I 1591 ))I LESS FY97 BUDGETED CARRY FORWARD [ADDITIONAL CARRY FORWARD 3.424.651 [ 1.833.65 1'532'9()t)1 1.871.751[ Executive Summaries Processed for the Following Projects: Racquet Center Improvements Immokalee Football/Soccer Field [REMAINING FUNDS TO CARRY FORWARD 1 562.743] EXECUTIVE SUMMARY APPROVE A PROPOSAL FOR CONSTRUCTION OF RECIAIMED WATER FACILITIES WITHIN THE RIGHT-OF-WAY OF DAVIS BLVD. 9BJEGTIVE: That the Board of County Commissioners, as Ex.Officio the Governing Board of the Collier County Water-Sewer District, waive formal competitive bidding, approve a proposal from Haskins Inc. for construction of reclaimed water facilities within the right-of-way of Davis Blvd., and authorize staff to prepare any necessary purchase orders. ¢0M$IDE~ATION: The Lakewood Reclaimed Water Conversion construction project will soon be advertised for bids. In preparation for construction of this project a Utility Permit has been obtained from the Florida Department of Transportation (F DOT) for reclaimed water facilities within the right-of-way of Davis Blvd. This permit requires that all work within the Davis Blvd. right-of-way be coordinated with APAC, the contractor that is currently widening Davis Blvd. for FDOT, or that the work be delayed until after the widening of Davis Blvd. is complete (estimated to be mid-sunu~er of 1997) and APAC has left the site. Waiting until APAC has left the site may cause a delay in completion of the Lakewood Reclaimed Water Conversion project, Haskins, Inc. is currently the underground subcontractor for APAC on Davis Blvd. and is also performing utility installations and adjustments for Collier County facilities. Haskins, Inc. has submitted a proposal to construct the facilities needed for the Lakewood Reclaimed Water Conversion project, that lie within the Davis Blvd. right-of-way, while they are mobilized and on the site. Haskins, Inc. is currently completing the installation of a reclaimed water main and casing across Davis Blvd, for the price of $10,200.00. The new proposal for the additional work amounts to $20,830.00 which would result in a total of $31,030.00 for reclaimed water mains. This would exceed the $15,000.00 threshold specified in County purchasing policy and require approval by the Board of County Commissioners.  .~_ISCAL IMPACT: Funds in the amount of $20,830.00 to complete this work are available from Fund 414-263611-74007: Lakewood Reclaimed Water Conversion. Q~OW'[H MANAGEMENT IMPACT: None. ~LECOMKENDATION$: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, waive formal competitive bidding, approve a proposal from Haskins, Inc. for construction of reclaimed water facilities within the right-of-way of Davis Blvd., and authorize staff to prepare any necessary purchase orders. Ronald F. Dillard, P.E., ~ProJec~ Manager Office of Capital Projects Management Re¢~a~me~ ~ater / D&v~s ?age 2 EEVIEWED BY: REVIEWED BY: REVIEWED m~y: RFD:rfd cci Purchasing Department ^dolfo ^. {or~ale~, P/£., ~lrector Office of Capital ?rdjects Management RaymOnd W. Miller, P.E., Interim Administrator Public Works Division Tim Clemons, Wastewater Director HASKINS INC. IO9~6 EN"rERPRISE AVE BONITA SPRINGS. FLORIDA ~3~23 1~13~ 947. I g.16 Page No 1 of 1 Pages PROPOSALSUBM~TTECTO Mr. Ron Dillard IPHONE Collier Co. Capital Proiect HanaKemen 774-8192 STREE'r ' 3301 E Tamiami Trail, Bldg. "D" JOB~^~E · Davis Blvd. CITY, STATE AND ZIP CO(DE JO'~ LCR2, ATION Naples, F1 34112 Naples, FL We hereby suDmd SPeedboat,ores amd est:males ITEM i~ DESCRIPTION EST.qTY. OATE 12/18/96 LAKEWOOD REUSE SYSTEM TIE IN AT UNIT PRICE TOTAL DAVIS BLVD. AND KINGSWAY: 1 8" GL150 PVC Pipe 80 L.F. 2 8" 45° Elbows with Megalugs 4 Each 3 8" 90° Bend with Megalug i Each 4 8" Cap with Megalug 1 Each 5 Air Release Valve Complete with Box and Grate i Each 16 x 16 TIE IN AT DAVIS BLVD. AND MOON LAKE: 1 Cut in Existing 10" E.P. Line Lump Sum 2 16 X I6 Tee With Megalug i Each 3 16 X !0 Reducer with Megalugs 2 Each 4 i0" Gate Valves Complete With Box and Ccilar 2 Each 5 16" Gate Valve Complete With Box and Collar 1 Each 6 16" Cap with Megalugs 1 Each 7 I0" Sleeve for Tie In With Megalug i Each 8 16" PVC GL150 Pipe 20 L.F. $ 30.00 $ 2,400.00 400.00 1,600.00 490.00 490.00 250.00 250.00 1,750.00 lt750.00 TOTAL: S 6,490.00 3,700.00 3,700.00 2 300 00 ~ 300 O0 650.00 1,300.O0 1,O75.00 2,150.O0 3,450.00 3,450.00 345.00 345.00 295.00 295.00 40.00 800.00 TOTAL: $14,340.O0 TOTAL BID: $20,830.00 ~£ pr~$c hereby Id furn,s~ ma:er,al and labor -- complete in accordance with above spec,fications, for the sum of: T'WENTY THOUSAND EIGHT HUNDRED THIRTY AND NO/lO0 ~a~emiooe~a~oas~o,r~ dollars ($20,830.00 Per pay request upon completion. and condrlions are satrsfac~ory and are hereOy acceoted. You are author,:'. ed :o do the work as spec ed. PaymenJ w,lI De made as outhned above Date of' Accegtance: ( 1 ~ l_cays S,gnalure S,g.ature .EXECUTIVE SUMMARY APPROVAL OF A LANDOWNER CONTRIBUTION AGREEMENT FOR THE NORTH NAPLES ROADWAY MSTU (LI~,TNGSTON ROAD) PROJECT. OBJECTIVE: Gain Board approval and execution ora Landowner Contribution Agreement for Lb,~gston Road (CIE Project No. 021) which provides for $228,126 54 of private sector funding for design and environmental mitigation in exchange for road impact fee credits. CONSIDERATIONS: The attached Landowner Contribution Agreement serves to formalize certain private sector financial commitments offered to the Board during 1995 and 1996 by the Livingston Road Landowner Group (Landowners). With reference to prior Board actions [Agenda Item Nos 8(B)(2), 8(B)(t). 8(B)(4), and 9 (C) dated May 9, 1995, November 28, 1995, December 19, 1995, and January 16, 1996, respectively], there are two primary elements to the Landowners' proposed financial commitment for kivingston Road: Previous cash contribution of $93,126.54 received by the County toward the County's prior purchase of 436.69 acres of land for environmental mitigation purposes: and (2) Pending cash contribution of $135,000.00 to be utilized by the County for final highway engineering and design plans for Livingston Road improvements, ~-ith the balance of project funds for highway and utility, design to be the responsibility of the County as previously approved by the Board The Board will note that all environmental permits for Li,,4ngston Road were secured during the latter part of 1995 after many years of fiscal impacts and project delays. Additionally, the above mentioned mitigation land was purchased by the County in January, 1996 in the total amount of $612,145.54 through the financial assistance and cooperation of the Landowners. Board approval of the attached Landowner Contribution Agreement shall result in the granting of road impact fee credits to the Landowners, and will cause staffto commence with final engineering and design activities for Lb,~gston Road. It is also noted and anticipated that the Landowners shall propose a follow up contributory Agreement to finance construction costs for a portion of Livingston Road in the future upon completion of design activities and bid documents by Collier County. December 19, 1996 Page 2 FISCAL IMPACT: Approval of the attached Landowner Contribution Agreement shall reduce/offset the County's cost for engineering services and environmental mitigation. The amount of outstanding (County-wide) road impact fee credits shall increase in the maximum amount of $228,126.54, but such credits will be limited to and shall be applied against Landowner properties in the v~cinity of the Livingston Road project (Road Impact Fee District One). Upon Board approval and execution of the Landowner Contribution Agreement, staff shall process a Supplemental Agreement with Hole, Montes and Associates, Inc. for final highway and utility engineering and design activities for Livingston Road. The Landowners pending cash contribution of $135,000.00 shall be deposited in fund 331- 163650, Project No. 65041. This fiscal transaction shall involve a Budget Amendment to recognize the private sector funds as revenue and to reappropriate $135,000.00 to the above listed account. Project funding for final highway and utility engineering and design is available as summarized below: Highway Portion Utility Portion $135,000.00 (By Landowners) $240,519.00 (Fund 331 ) $ 45,086.00 (Fund 313) (1) $45,700 (water fund 412, project 70049) (2) $84,600 (sewer fund 414, project 73002) $420,605.00 $130,300.00 (1) $13,400 currently available with $32,300 pending carry forward. (2) $13,400 currently available with $71,200 pending carry forward. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Capital Improvement Element of the Collier County Growth Management Plan. RECOMMENDATION..' That the Board of County Commissioners: (1) Approve and execute the Landowner Contribution Agreement for Livingston Road; (2) Approve the necessary Budget Amendment to recognize the $135,000.00 cash contribution as revenue and reappropriate it to the project expense account; (3) Direct and authorize staff'to process and execute a Supplemental Agreement with Hole, Montes and Associates, Inc. for final engineering and design actMties; and (4) Direct and authorize staffto commence discussions/negotiations with the Landowners for a follow up contributory Agreement for Livingston Road construction with subsequent presentation to the Board for review/approval. December 19, 1996//'~-.-'"'~ PREPARED B Date: Vladimir A. Ryziw,~.E., P/~,~oject Manager II Office of Capital P o(9..ie..~5 Ma~gement REVIEWED BY: Date: Adolfo A[ Gonzale.~, P.'E'., Director Office of Capital Projects Management REVIEWED BY: : Date: Raymond W. Miller, P.E., Interim Administrator Public Works DMsion VAR/sc/exsumladd Attachment cc: George F. Archibald, P.E., Transportation Director Richard Hellriegel, P.E., Senior Project Manager LANDOWNER CONTRIBUTION AGREEMENT THIS AGREEMENT is made and entered into this~ day of__ ,199 by and between JOHN VEGA, Trustee; DYNABEL INVESTMENTS, a Florida general padnership; WILLIAM H. THRALLS, Trustee; FIRST UNION NATIONAL BANK OF FLORIDA; LAWRENCE J. DUBOW; ROBERT Mc. MICHAEL and HORACE TENNES (hereinafter collectively the 'Landowners'), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the 'County'). RECITALS WHEREAS, the Landor, reefs own and are the record title holders of land between Old U.S. 41 and Interstate Highway 75 north of Naples Immokalee Highway as shown on the at!.ached E.xhibit "A' which is hereby incorporated by reference (the 'Property'); and WHEREAS, the Landowners ~,,Ash to assist the County in constructing a two-lane road from Business 41 traveling eastward along the proposed east-west Livingston Road alignment to the interseclion of the north-south section of the proposed Livingston Road alignment and continuing northward thereon to the north boundary of Collier County to align with the existing roadway known as Impedal Street in Lee County (the 'Roadways') in the manner spedfied herein; and WHEREAS, on or about D~cember 10, 1994, J. Dudley Goodlette, as Trustee on behalf of the Landowners, entered into an option agreement (thc "O]:)fion AD'comet") to acquire cedain land to be used as a mitigation parcel (the 'Mitigation Parc. er-) in the permitling of lhe Roadways; and WHEREAS, on or about May 9, 1995, the Board of County Commissioners u~',animously voted to accept an assignment of the Option Agreement and to exercise said option upon the condition that the Landowners contribute toward certain engineering design costs associated with the permitting and construction of lhe Roadways (the 'Design Work") and the purchase of the Mitigation Parcel; and WHEREAS, certain of the Landowners wish to con.hub= a ma.x~mum o£$135.000 00 to thc Cou. nb' tov,'azd thc Dcsi~ Work, and WHEREAS, the Landowners, together with Anthony & Joan DeOile and George W~lson, Trustee (the "Non-Participating Landowners') have as of this date already contributed to the County $93,126.54 toward the purchase of the Mitigation Parcel (the contributions for the Design Work and the Mitigation Parcel hereinafter collectively referred to as the 'Contributions'); and WHEREAS, in exchange for the Oon~butions, the Landowners wish to receive from the County certain road impact fee credits to benefit the Landowners' properties (the 'Road Impact Fee Credits'); and WHEREAS, the County has agreed and consented to the Landowners receMng Road Impact Fee Credits in exchange for the Landowners' Contributions; and WHEREAS, the Landowners and the County acknowledge that the lotal value of the Contributions shall not exceed TWO HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED TWENTY- SIX and 54/100 DOLLARS ($228,126.54); and WHEREAS, the proposed Roadways are in conformity with contemplated improvements and additions to the Collier County transportation network; and WHEREAS, the proposed Roadways, viewed in conjunction with other existing or proposed roadway plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth or necessitated capital improvements and additions to the transportation network; and WHEREAS, the proposed Roadways, viewed in conjunction with other existing or proposed road'~ay plans, will not create a detrimental imbalance bet~veen the artedal and collector roaoM,,ays; and WHEREAS, the proposed Roadways are consistent with the public interest; and WHEREAS, the County and /he Landowners acknowledge that the failure of this Agreement to address any permit, condition, term or restdc'lion shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulalion governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, all parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties of this Agreement; and WHEREAS, all parties to this Agreement acknowledge thal this Agreement is not to be construed as a development agreement under the Florida Local Government Act. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Contributi<;)n~;. As of this date, the Landowners and Non-Participating Landowners have contributed $93,126.54 to the County toward the County's purchase of the Mitigation Parcel as referenced in that certain Warranty Deed dated December 27, 1995 and recorded ~ Official Records Book 2138, Pages 1799-1803, Public Records of Collier County Flodda. In addition to the amount already contributed to the County lc~¢¢ard the purchase of the Mitigation Parcel, certain Landowners will contribute an additional $135,000.00 (t~ "Dcsil~ Work to the County toward complelion of the Design Work to be performed by Hole, Montes and Associates, Inc. pursuant to that design contract executed September 8, 1987. The only Landowners who w~Jl fund the Design Work Contribution are Dynabel Investments, William H. Thralls, Tnastee, First Union National Bank of Flodda, Lawrence J. Dubow and Horace Tennes (the *Contributing Landowners'). The Design Work will be verified, specJfied and approved by the County. As a resull, the Contributing Landowners acknowledge that the scope, characler and cost of the Design Work may change from time to time. Nevertheless, the Design Work Contribution will in no event exceed $135,000.00 and will be used for the sole purpose of completing the Design Work. The Design Work will include revising and updating the current status of roadway, drainage and utility plans to the exlent necessary to finalize highway engineering activities and complete documents suitable for bidding and construction purposes. The Contributing Landowners will pay $100,000.00 of the Design Work Contribution to the County upon the execution of this Agreement by all of the parties hereto. The Contributing Landowners will pay the remaining $35,000.00 of the Design Work Contribution to the County within sixty (60) days from the execution of this Agreement by all of the parties hereto. The County will be responsible for paying Hole, Montes and Assodates, Inc. f~ the Design Work. As amounts of the Design Work Contribution are paid for Design Work, the County will mail evidence of said use of the Design Work Contribution in the form of paid invoices or receipts to Rick Miller at National Development of America, Inc., 1520 Royal Palm Square. Boulevard, Suite 360, Fort Myers, FL 33919. Such invoices or receipts shall be mailed on a monthly or other periodic basis, but in no event on less than a quarterty basis. 2. Road Impact Fee Cr~ils. In exchange for the Contributions, the Landowners shall be enti".,d to Road Impact Fee Credits in the amount of $228,126.54, less $17,005.00 representing contributions by the Non-Partic~paling Landowners, which will be available to lhe individual Landowners in the proportions delineated on the attached Exhibit 'B', which exhibit is hereby i.,'~corporated by reference. The Road Impact Fee Credits will be applied to any impact fees assessed against the Property as the impact fees become due. The Road Impact Fee Credits will be available to be applied against the impact fees on the date the Contributions are received by the Count,/, regardless of whether the Design Work contemplated hereunder has begun. As the Con~bu't~ons will not be made in one lump sum, a pro-rata portion of the Road Impact Fee Credils will be available to be applied against the impact fees as portions of the Contributions are received by the County. The Landowners shall be entitled to sell or otherwise transfer the Road Impact Fee Credits to other properties in Collier County, Florida located within Road Impact Fee District One. In the event the Road Impact Fee Credits exceed the total impact fees assessed against the Property, the Landowners shall be entitJed to a refund of their Contributions, in a manner consistent with ColIier County policy, and in an amount equal to such excess Road Impact Fee Credits. A ledger representing the road impact fees due, the Road Impact Fee Credit Balance and the signatures of a County officJal and the Developer or Property Representative will be maintained by the County in substantially the same form as that of the attached Exhibit 'C'. The parties hereto acknowledge thai the Non-ParticJpating Lar, downers are either unavailable or unwilling to enter into this Agreement but have nevertheless contributed approximately $17,005.00 to the County towards the purchase of the Mitigation Parcel. Nothing herein shall prohibit or other'wise prevent the Non-Part~pating Landowners from entering into separate agreements with the County to receive impact fee credits for their contributions. 3. Recordation of Agreement. The County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Board of County Commissioners. 4. Remedies. Any party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of this Agreement. 5. Amendments. This Agreement may be amended or canceled only by the mutual consent of the parties lo this Agreement, or by their successors in interest. 6. Entire Agreement. This Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no pdor or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. 7. Successors and Assions. The Road Impact Fee Credits shall run with the Property and the burdens and bene~ of this Agreement shall be binding upon and shall inure 1o the successors in interest to the parties. 8. Other Charges. The Road Impact Fee Credits shall be a credit only as specified herein and such credits shall not offset, diminish or reduce any other charges, fees or other impacl fees for which the Landowners are responsible in connection with the development of the Property. 9. Notices. Any notices to the parties shall be provided by regular United States Mail at the following addresses: John Vega Vega, Stanley, Martin & Zelman, P.A. 2660 Airport Road S. Naples, FL 33962 Dynabel Investments c,/o Henddk Morelisse 800 Laurel Oak Drive Suite 200 Naples, FL 34108 VV~lliam H. Thralls, Trustee 1355 loth Street N. Naples, FL 34102 First Union National Bank of Florida c/o Frank D. Tucker, Jr., Senior Vice President 214 North Hogan Street, 6th Floor Jacksonville, FL 32202 Lawrence J. DuBow 9428 Baymeadows Road, Suite 250 Jacksonville, FL 32256 Robert McMichael cYo Stewart Leasing Company 13351 Bddgeford Avenue Bonita Spdngs, FL 33923 Horace Tennes 670 Bloom Road Eagle River, WI 54521 10. Miscetlaneous. A. The failure of this Agreement to address any permit, condition, term or restnctJon shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. B. This Agreement is nol to be construed as a development agreemenl under the Ronda Local Government Development Agreement Act. C,. This Agreement shall be construed under the laws of Ihe Stale of Flodda. IN W1TNESS VVHEREOF, the parties have executed this Agreement on the date first wdtlen above. AT'TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Chairman Approved as to form and legal sufficiency: Collier CoUnty Attorney WITNESSES: ~d~t F,/~ame Pdnt Full Name ' / 1 John Vega. Trustee t 7 Print Full Name Prinl Full Name -Pdn! Full Name / ~ : I " ,- /...~ Print Full N~me ' Print Full Name J Prinl-~ul~% Pdn! Full Name DYNABEL INVESTMENTS, a Fk:."~:i~ general partnership ' ,/.'L.. '..;,~."¢---'~ 'W~liam H. ' s, Trustee FIRST UNION NATIONAL BANK OF FLORIDA Frank D. Tucker. Jr. Its: Senior Vice President , Lawrence J. DuBow 8 15ri~(t~c/~¥ull N am e~/~ ~// Robed McMichael Pdnt Full Name Pdnt Full Name Print Full Name Horace Tennes STATE OF COUNTY OF The foregoing Landowner Contribution Agreement was executed before me this 'J ~ day of ~~ 1996, by John Vega, as the Trustee of , on behalf of the Landowner and who is personally known by me or produced as identification. Pdnt or Type Name Commission No. STATE OF COUNTY OF _~/A, The foregoioa Landowner Contribution Agreement was executed before me this day of ~-~JE-"~d'e"-- ~'~' of DyNABEL !NVESTMENTS, a Flodda general partnership, on behalf of the Landowner and who ~s personally known by me or produced as identification. ~ot{l~ublic ' ~Type Name STATE OF ~JpA COUNTY OF ~ The foregoing Landowner Contribution Agreement was executed before me this of ~(¢~(:,~', 1996, by William H. Thralls, as the Trustee of on behalf' of the .L. andgwner and who is personalty known by me or produced ~? C.^F[~ ~ D~'I~.E'~ J~lc.~'q~ as identification. Notary Public ~rint or Type Na~ne ]0 /4./..J3) ~'/~) ! STATE OF Florida COUNTY OF Dural The foregoing Landowner Contribution Agreement was executed before me this 18~h day of November- , 1996, by Frank D. Tucker, Jr., as Senior Vice President of FIRST UNION NATIONAL BANK OF FLORIDA, on behalf of lhe Landowner and who is personally known by me or produced as identification. - Notary Public ShelJ.& NSr. ephens Print or Type Name STATE OF ,?; (.E'~ ,..)A COUNTY ,~ .... ]'he foregoing Landowner Contribution Agreement was executed before me this ~z) J..~'day of'"]' I,"-],,.Z/'~4.~L, 1995, by Lawrence J. DuBow, on behaff of the Landowner and who is personally I~own by me or produced identification, as Pdnt or Type Name 11 STATE OF COUNTY OF day of ~onally knoym by me or produced >¢regoing Landowner Contribution Agreement was executed before me Ihis ,~, 1996, by Robed McMichael, on behalf of the Landowner as identification. Print or Type Name Commission No. STATE OF'.-"/...EF.':Z;~,¢ . COUNTY OF ~ The.~'oregoing Landowner Contribution Agreement was executed before me this ~ day of 7OL.ct~/- , 1996, by~lorrace Te~r'~.e.,s, on behalf of the Landowner and who is personally known ky me or produced _/CrUz ~'1¢ ~' ~ ~-,~',4~¢-.,~ as identification. Not~ry Public Pdnt or Type Name Commission No. 12 PROPERTY ]3 EXHIBIT "A"-pa~e 1 ~f 6 ~ohn Vega, Trustee LEGAL DESCPd'PTION. Section 7, Township 48 South, Range 26 East, Collier County, Florida, less the 1-75 P-dght-o f- Way EXHIBIT "A"-page 2 o~ 6 Dyna~el Properties The southmam~ 1/4 of the sou%hwe=t 1/4, less south 20 feet and southea~.t 1/4 of the northwest 1/4 and sou%hwest 1/4 of Che northeasC 1/4 and northwest 1/4 of th~ ~ou~heast ~/4 and l,orthea~t 1/4 of the ~outhwest 1/4, le~ n~rtI, 1/2 of south~ns% ]./4 (~f nor~h~as~ 1/4 of ~outhwe~ 1/4 of Section 11, 'I'owr,~ip 4~ South, Range 25 ~as~, Collier County, Florida. EXHIBIT "A",page 3 of 6 PRCeERTY OESCR;P TION THE NORTH 1/'20~ THE SOU'THWE'~T 1/4 OF' ~ NOR'TH£,,&Er S~CTION 12, TOWN~HiP 48 ~OLJ'T'H., ~ 2'~ EAET. COLLIER COUNTY, F~ORIOA t_E3~ THE ~OUTH 3Q.J:X3 FEET TH;EREC,~. ~.-L CIMEf~ICI',~ ARE IN FEET ANO DECIMALS THE3~EOF, ~PS PRQ~R~ ~ ~ECT TO ~E~ ~RVA~ OR ~STRI~ O~ ~CORO. T'HIS SURVEY PS NOT VALIO WITHOUT R.~ISED S.E. A L. ELEYAT~CN5 R~FER TO PRCPE~'i-'I' DE$CRIPI'IC'N PROVIOEO BY Ct. tENT. ' ATTOi=~HETS' TITLE INSt.,RANC~ I~. INC. CEF. TIF~ED TO: WILLIA14 14. POGUE, TRUSTEE., Tl:ttJS'T O4.8,-25.-12.7 WE HEREBY CERTIFY THAT THIS SKETCH OF THE HEP.~ON OESCFtIE, ED PROPERTY W~ ~R~YED UN~R OUR DI~ ~ 10/0~89. THIS SURLY ME~ ~E MI~MUM ~NIC~ $TANOAR~ FOR L~D $UR~EYI~ IN ~E ~ATE ~ FLORIDA PUR~ANT TO CHA~ER 21HH~, F.~ S1GNEO 10/17/59 HOLE, 1401"~F'FES & ,A~IATE~,, INC. Thc)ma, J. G~L~ P.L..~ 03714 State o1' Fla.. Will faro Thralls, Trustee EXHIBIT "A"-page 4 of 6 ~^ rl~K.% ~CVCL~ru~r ~CrlC~ 13 ~on A D,Sr~CC Or I~ OI f~Et TO tl,C ~On~),ZaSr CO~(~ Or BY A~OA~ AN0 SCI~C;OCR. e~. %ICAO ~lSYe9 ~I~E. bo~r~s & A~OCi~7~S, · '. · -/ / /d EXHIBIT "A"-page 5 of 6 Robert McMJchael LEGAL DESCKFPTION' NE 1/4 of'the SE I/4 of Section 13, Township 48, Range 25 East, Collier County, Florida. R/ EXHIBIT "A"-page 6 of 6 Horace Tenmes LEGAL DESCRIPTION~ Parcel 20, being the North 1/2 of the Northwest I/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. /6 IMPACT FEE CREDITS ]4 LIVIh'GSTO~ ROAD LAh'DOWNER GROUP IMPACT FEE CREDIT ALLOCATION '. JULY 30, I9% To~a[ [topic: c:~di~ availab[c (as rc~o~wr,.¢nclcd by Cotlfcr Colm~y 5~a~=ncl !ubjc={ lo Boazd of Cau. n{y Core, mission approval) is $225,126.54. : %ofCrcdils Imp=ct Fee Bz~ cFFicr!d:~ 1' a,,vrcncc ]. l)uRo',v Dyn~be! [nv¢.'Lme:,ts John Ve~a, T."~s;ee Willia.'n H. Thz~lls, Tr=Ic~ Horace Tenncs Gcorg... Witscn. Trus::: Anlhonv z~d Jc~ DeCi~e Rcb¢.1 McMic,h,~el .2552 565,072 .2~52 .2212 .I0~0 .0092 .0145 .0726 .0021' .0042 100% 65,072 50,473 2~,196 2:100 3,261 16,526. 479--~ 9.:8 522g.127 Non-Participating Lan~o~mers EXHIBIT '¢" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Read Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying to the Property. Date Fees Due Road Impact County Official Developer Fee (signature) Representative Credit Balance (signature) f:living.agr EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A ROAD IMPACT FEE CONTRIBUTION AGREEMENT FOR S.R. 951 FOUR-LANING WITH 951 LAND HOLDINGS JOINT VENTURE. OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement for Road Impact Fee Credits with 951 Land Holdings Joint Venture. CONSIDERATIONS: Consistent with the Agreement between the FDOT and Collier County dated February 19, 1985, for cooperation in the design/permitting/construction of the four-Inning 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 construction of the four-Inning of S.R. 951 between New York Drive and the Marco River Bridge. 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 material for S.R. 951; (d) restoration of the fill site; and (e) environmental permitting of the excavation site a 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 value shall entitle the Developer to Road Impact Fee Credits in the amount of $243,500.00. FISCAL IMPACT: The total fiscal impact of the agreement is the above-noted Road Impact Fee Credit in the amounl 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-Inning 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. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners approve the Agreement and authorize the Chairman to execute the Agreement. PREPARED BY: G. F. Archibald, P.E. Traj:~..~.porta tion Director Ra~,r~nd W. Miller, P.E. Acting Public Works Administrator DATE: ~ ....~z::~...~ c:j "7 DATE:_ ////~/,/~' 7 GFA/mk./122096/ES 951 RIF Agmt.doc DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT {hereinafter referred to as the "A.2, reement") is made and entered into by and between COLLIER COUNTY, a poht~cat subdwisicn of the State of Florida (hereinafler reterred tO as "County') v',,'hose mailing address is 3301 Tam,ami Tra~l East, Nap es. Florida 34112. and 951 LAND HOLDINGS JOINT VENTURE. - Florida General Partnership, its successors and ass,gns ('hereinafter referred Io as 'Developer*') whose reading a~r~ress is 4001 Tam,ami Trail North, Suite 350, Naples, Flonda 34103. RECITALS: WHEREAS. Developer holds fee simple legal title lo Ihe real property (the "Properties') located ~n ihe unincorporated area of Colher County. Flonda, said Properties being descnbed in Exmb~t "A"; and WHEREAS. Developer represents thai no obligalion or undertaking hereunder is barred or pr~h~bitec~ by any contractual agreernen~ with any other person or enhty; VVHEREAS, Florida Depa,'lment of Transporl, ation {"FOOT") and County are desirous of making improvements to S.R 951 (Isle of Ceph Road), said improvements being the four-laning of S.R. 9.51 from U.S. 41 to Ihe Marco R~ver Bndge: and WHEREAS, The improvernen!s to S.R, 951, herein referred Io as "widening improvements.' require an excavation sde, excavahcn of fill malarial from the s~le, removal of excavated malarial for use of S.R 951. and restoration of the fdl site located on property owned by Developer are collectively referred lo as the "First Contribution", The excavation site located on property owned by Develc;.er ~s more par1,~culady shown in Exh~b~I "B" which ~s attached hereto and made a part hereof; V~/HEREAS, Collier County and the FDOT recognize that the cooperation of adjoining landowners will accelerate road improvements and result ~n substantial cost savings pursuant to the cntena seI forth w~tr',rn Collier County Ordinance 92-22, as amended, recognizing that the off-sde excavation contnr, ut~on is an ~nlegral part o~' and a necessar! accommodation to the Iranspcrl, aticn ne ~ork, and WHEREAS. both parties to Ibis Agreemer, t acknow!ed~.,, that the Road Impact Fee Credits ('Credits') established under this Agreement shall run w~th the Properties, and shall be reCuced by the amount of the Road Impact Fee ~ue for each built,rig permit issued thereon until all such Cred+ts have been exhausted, and ' V'¢HEREAS, bolh parties to Ibis Agreemenl acknowledge Road Impact Fee Credits shall be a credit only against Road Impact Fees, and Ihat such Credils shall not cffset, diminish or recluce any other charges, fees or other ~mpacI fees for which Developer is responsible in connection w~th the developmenl of the Propertles~ and WHEREAS. the Developer has assisled the Courtly and the FDOT ~n accelerating the needed improvements by providing a fill material excavation si;e in return for cerlain assurances by FOOT and County having to do w~th timing of the widening improvements and that development of the Properties can occur in accorc~ance with previous and future approvals of the County and that the I::rovisJon of providing an excavation silo. excavalJon of fill matenals from the site, removal of the excavated material for use on S R, 951, and restoration of the fill site ~n accordance w, th County/State/Federal permit requirements will qualify for Road Impact Fee Cred,ts in acc=rdance w~th County Road Impact Fee Ordinance No. 92-22, as amended, as furlher detailed here~n, and WHEREAS. such proposed plan is in conformity w~th contemplated ~mprovements and add;h~ns to the transportation network; and VVHEREAS. such proposed plan, viewed in co~junction with other ex,stun9 or prcposed plans, v.,dl not adversely impact the cash flow or liquidity of any Road Impact Fee Trust ACcount in suc,h a way as to frustrate or intedere wJlh c~her planned or ongoing growth necessitated cap~tal Improvemenls and aOd~t~ons to the Iransportalion network; and VVHEREAS. such proposed plan, viewed ~n conjunction w~th other existing or proposed plans, will not create a detrimental ~mbalance between lhe arterial and collector roadways; and.... WHEREAS, the proposed plan is consislent wi~h the public interest; and WHEREAs. both parties to this Agreement acknowledge that the burdens and behests of Ibis Agreement shall be binding upon and shall ~nure ~o the successors fn inlerest to Ihe pomes to th~s Agreement, and WHEREAS, both parties to Ibis Agreement acknowledge that this Agreement is not to be const~ed as a development agreement under the Flodda Local Government Development Agreemenl Act. NOW, THEREFORE. for and in consideration of the premises and respective undertakings of lhe parties hereinat.ter set forth and Ihe sum of TEN ($1000) DOLLARS. and Other good and valuable consideration, the receipt and suf~ciency of which are hereby mutually acknowledged, ti is agreed by and between the parties as follows: 1. The above recitals are true and correct and are herewith incorporated as a part of this Agreement. 2. The Developer shall receive an Impact Fee Credit in the amount of $243,500 for provision of providing an excavation sile. allowing exCavalion of fill ma edal. a/lowing removal of material for use on S R. 951. and restoralion of the fill site in accordance with County/State/Federal pen'nit requirements collectively ret'erred ~o as the "First Contnbulion', The restorabon of the fill site is more specifically described as follows: a Littoral Zone Plantings of all three lakes set forth in Exhibit 'lB' in accordance W~th permit requ~remenls. b. Final Lake Excavation in accordance with April 4, 1995 Agreement which obligales excavation Io a minimum depIh that is greater than requrred by permit conditions. c. Final Lake Bank/Lake Slope grading it. required after completion of aa~,lional lake excavation. The value of Ihe above-noted 'First Conlribulion' of $243.50000 has been determined by unit pdce analysis of the County and by contract proposal of the Developer. County.3, This Agreement shall be effective on the date it is executed by said Developer and the 4. Developer assumes responsibility for completion of remaining wo,'l( described in Paragraph 2 above in accordance with County/State/Federal permit requirements rela~ed to Itiloral shelf planting. Developer releases County, ils ofhcials and employees from any and all obligations or c/aims relating in any way to or arising in any way from the lake excavation, the completion of lake excavalion/resloration/operations or other work on the Developer's Properties includ nc. but not limiled to any work related in any way or arising from the County/Developer Agreement daled April 4, 1995, entitled, 'Collier County Agreement Relating To Widening Of State Road 951.' Developer also hereby expressly assigns any and all claims it may have against West, wind Contracting, Inc. and Ihe Florida Department of Transportation for any lake excavation or completion of lake excavation/resloration/operat;ons or other work on the Developer's Properties relating in any way Io the widening of State Road 951. In exchange for the value of Firsl Contribution, the assumption by Developer of responsibility for the lilloral shelf planting, the assignment of claims referenced in this paragraph and lhe release by Developer of County from the obligation to repair or complete any of the work described in Paragraph 2 above or that relates Io or arises in any way from the County/Developer Agreement doled April 4, 1995, Developer shall be entitled to Road Impact Fee Credits in the amounl of $243,500. Such credits shall be effective upon execution of this Agreement by both parties and completion Of the littoral shelf planting referenced in this paragraph and Paragraph 2 of this Agreement. County and Developer agree that County has no further dght to enter upon Developer's Properties to excavate, remove and use fill, and lhat all fill and/or giber stockpiled maleriats Iocaled on the Properties is the sole property of Ihe Developer. 5. Effective immedately until development of Ihe Properties is completed, or until tJ~~ ..... balance of the Road Impact Fee Credits have been reduced to zero (0), the County shall app? Po,":.;ons al' lhe Road Impact Fee Ctedrts Ioward the Roa3 Im~ac! ~rees ,..,:. ."e -~e.e ::.,r' · required to pay for ea:h budd,ng De,rm,,et which ts aCol.e::l for :n !he mr:~,e,.,: es des:ribed in Se:Don 6, reducing the l~a~anpe Of tr~e Roa::l lingo:! Fee O"e: :s :y .-'e sa--e aue for ea:h budding perm,; so ~ssued 6. All Road Impact Fee Creds;s granted to any deve!o~,er hereon:er s'~a;t whole or in pad Io any successor or asstgn des~gnate:l .by sa~d Developer. ~c~b:".; hm~tat on, a Commum;y Devel:',pment Dis;n:/ subjec! to cre~! apphca:~n w:m,~ Distric; Four, as defined m Or:mance B2-22, Impacl Fee Credi:s may be ~sad by any 'A~Pendix B. as amen:e~, In a~:.::~ Developer, ds successor o," ass,,;~ ':~' r'-! ~'",.I development pr¢~ect m Road Impact Fee D~s;npt Four regardless of v. he?er s,.~, connects ~o SR. 951. ' 7. CounJy shall prowde Dev.-lager w~th a cemfied copy Of :,".s Ag-ee,-en: exm~i:s aS:ached hereto, such that Developer's cert~hed cody o! Ex,h~! 'C' ~R~a: Cred~!s Ledger), shalt serve as lhe ledger sheel Io document Developer's :ga'ante Fee Credds 8. This d~¢ument inco~ora:ed a!l agreements or unders!and~ngs ap0~:a:~e :.~ :re mat:ers :¢mamed hereto, amd the part~es agree fha! Ihere are nO coming!me.ts, a;-ee--er::$ un:~rs:andmgs ¢cncem, ing the s~b,~ecl malJer of this Agreement that are nat c.Cn:a.ned Agreement Acc~r~,ng~y, ~t is agree~ that no dewahon of the farms hereof s~all be any prior reDresen;ahon or aGreemen;s' ~hether oral or writ!eh tt is fur'L~er ag"ee:::l ~a! no .... - ,. e terms or cond:t,~ns conta,ne: ee-e,n s,ha? :e ef'e:t3ve u~ress cpn:ame~ m a wn::en O.';:umen! executed w~lh the same !o,,"m,a!,t¥. an::l c;f 9 Unless ~:~e*~se s~e:;fl.':a!ly sca:ed here n. r'~e Agree~en! s~a!l ~8 governe~ and :Dns:rue: m azcor:an:e w::h t,",e La~.s G: :ne S:a:e of r~cnea It~ ',','lTt;:~S '/.,~ER:O!: ;~e ~'' -~ - ., ~;un,y and the Developer ha'.'e caused this AGreement lc:, be s,.qne: cn tI"e Cay ar'.- year !:rs! wry:Can ;,S TO DATE: ATTEST DWIGHTE BROCK, Clerk BY: , Deputy Cterk Approved as :o fcrm ar.d legal sufficiency: Heidi F. Ashlon Assis:an[ Co!her County A;tomey BOARD OF' COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: . Chairman DATE ',',',:ness (S,gnalure) ;;ama (~nn: or Ty¢e ','.'~:~ e s s (S~gna:u,e) (Pr:n: or Tyge) 951 LAND HOLDINGS JOINT VENTURE by, GB 100 LTD, a Flon~a hm~ted par'!harSh p: by: GB 100 Inc, a Flcnda corpora General Partner By: AubreyJ Ferrao. PresJdenl 4001 Tamiami Trail Norlh. Suite 350 Naples, FL 34103 STATE OF COUNTY OF The foregoing Developer Contribution Agreement was acknowledged before me this day of ,19__ by on behalf of . He is personally known lo me orwho has proc~uced as identification. (affix notarial seal) (Signature of Notary Public) Serial/Commission #: My Commission Expires: (Print Name of Notary Public) NOTARY PUBLIC GFA/mk/12139E~'SR 951 F~d Crk RIP Cre~". ~XH~BIT "A" DEVELOPER All Ianes lying in Section,: 11, 13, 14. 15. 22, 23, 24 and 25 o~' Township 51 South, Range 26 East. Cottier County, Florida, being more particularly described as the Fiddleds Creek Planned Unit Development and/or other properties under the ownership O~' 951 Land Holchn~s Jotul Venture. All lanes lying in Sections 11. 13. 14, 15, 22, 23, 24 and 25, Township 51 South. Range 26 East, Colher County, Florida, under the ownership of 951 Land Holdings Joint Venture and/or lands mcluded in the Fiddler's Creek Planned Unrl Development. WILSON, MILLER., BARTON & ?EF.K, INC. [~ncinccrl. ~lanllcrl. $.~'cyor$, I.nmhc,'~pc Archi~cc~s, ~.'ll,,t~'n.lnclstnl Cn1111111.'lnlS & Cnnslnteliori Malco:ers Dcscriplinn or r)rnhmg, c lJasi. Fiddlers Crock, bclnC a part of Section Township Si Soulh, Rnn~.~' 26 Ensl, Collier Co. nty, FIorld,, All Il]at part or Scctlon 2'), Townslfip 51 SouflK Ran~:c 2fi East, Colllcr Co.nty, Florida. L,',clnl: mor~ p~iculnrly (l~scr;bcd os Follows; Commcncin~ nt thc =~o.hwcsl COl. Ct or 5cclion ~2, Township 51 South, ~n.~e 26 ~sl, Collier Counly, Florida', th:ncc nTon~ thc no~h linc o~ ~nid S~cfion 22, ~omh 8B'SB'IO' East 1239.~0 fcct to the cast H~ht-of. wa7 Ibc et S.R. DSI nnd the POINT OF DE~[HHING or Ih. parcel hcrcin (l~tcrihcd; Ihcnc~ 1ravine Ih~ norlh linc or sold Section 22 alon~ Ibc ~nsl linc orsnhl West 1537.88 [~1; ' Ih~nce Icavin~ sn~d ri~ld-oF, wny I~nc. Sonlh ~6'54'19' East 1322.20 Foci; fl~cnc¢ Soufl~ 89'2~'22' ~sl 125.79 II~¢nc~ Somh 80'38'36' East 86.82 fce~; Ihcncc So.ih 4~'57'39' East 143.49 fccf; Ihcnc¢ SmHh 22'38'28' En[I IOl.lO rh=,cc So,Hi 22'27'03' Ensl 80.97 Foci; Ihcncc So,dh 5~'50'54' Ensl 124.40 fcc~; Ihcncc Soulh 74'0,1'40' 5nsl 144.06 lhcncc 5oulh ~5'4~'26' 5asZ 187.62 foci; fl,cae: Ho~h 82'02'1 I' E:s~ 108.47 Ihcncc Noah 28'S3'36' E.s[ 104.27 fl,:ncc Ho~h 30'26'5~' ~s~ 87.33 Ihcncc No~h 46'09'53' East 74,36 foci; d~cnce Ho~h 21'31']9' V/c:~ 415.87 lhcnce ~1orlh 44'30'45" Wcsl I0~.93 [hence westerly 3:0.48 /cci nlo,,~ Ih: ~rc oF n tnHCcnlinl circular cllrv~ coucovc [o thc norlJl~ h~vi,,~ n radl.s o~ DSO.O0 ~ccl. H,ro.ch ~ ccntr~l nn~lc nF 1~*1D'42' and bcln~ u]blcndcd by n chor(I which hc~rs Soulh 80'3~'02' V/cst 318.0~ ~ccf; thence Norfh 89'4]'07' West 174.4D ~cct~ Ihcncc ~o~h 86'54'19" V/cst 54~.22 ¢cct; Ihcocc No~h ~'0?'48" East 13.4~ feel; thence Norlh ~'09'40" ~ns~ 196.23 feet; lhcncc Herth 04'01',16" V,'cs~ 93.71 fl~cnc: Noah 14'~'54' Wcs~ 98.36 thence No~h 17'10'I0' V/esl 124.32 d~cnce Ha~h O7'55'21' %'/es~ 125.90 Feet; Ihcnce Honh O4'35'2~' F~ns~ 125.~2 Feel; Iht.cc Ho~h 14'34'26' East 1~.45 Feet; fl~ence Na~b 22'02'35' ~s~ 123.55 fl~cnce Norlh 19'59'2~' Easl I]0.40 Feel; Ihence No~h 48'22'42' East 124.41 feet; thence Noah 63'49'29' East ~9.64 feel; fl~ence Noah 71'49']9' East 87.83 fl~enc~ Noah Ol'01'50' East 211.6~ feel lo ~l*e nodh line o~ said Sccllon 22; I[~enc~ along said na~h line, Noah 8B'SS'lO" Wesl 1354.43 feel Io Ih. Poinl of Dcginnln~ o~ Ih. parcel herd. described; conlain;.~ 50.61 acres more or Icss; subj~c[ Io ~msem~nls and rcslricHons or record; bearinffs .re based on lhe nortl~ llnc oF Sccllnn 2~, Township SI 5onlh, Rnnffe 2B ~nsl, Collier Co.n~y, Florida, being Sotdh 88'58'10' Ensl. V,'ILSOH, MILLER. BARTON & PEEl(. INC. Michael C. LaMurc, P.L.S. //.1247 Hal votid unless embossed whh Ibc ProFcssionnl's seal. W.O. 33911 RcF; 3J-303 D3Ic: Novcmb¢r 8, 1994 Naples Fort ,~fverr Sarnrota L~k~.'~'d' EXHIBIT "C" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER LMPORTAHT This Road impact Fee Credd Ledger is intended to document the balance of Road ImpacI Fee Credds applying to Ihe fcflc,vmg Developer and for use in Road Impact Fee D,stnc! 4 Developer: 951 Land Holdings Joint Venture, 4001 TamiamiTrailNodh, Suite350, Naptes. FL 34103 BEGI.',,:NING BALANCE ................................................ $ 243,500.00 R ..0,~ O ffAPACT ¢EES DUE iMPACT FEE COUNTY OF~ICIA~ DeVELOPeR REP I CPEDIT BAL~r~CE ISIGh~,~ TURE) (SISHATURE) I i Ex E(~I~TIVE $1?MMARY APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATED TO IMPLEMENTATION OF I'HE WIGGINS PASS INI.,ET MANAGEMENT PLAN. OBJECTIVE: To obtain approval of a professional services agreement to provide professional engineering services necessary for implementation of the Comprehensive Management Plan for Wiggins Pass and adjacent shorelines. CONSIDERATIONS: On January 2, 1996, the Board of County Commissioners approved in concept the Wiggins Pass Inlet Management Plan Due to the current need for improvements recommended in the plan, a "Request for Proposals" to obtain the necessary professional services required for implementation of the plan was prepared and distributed. Proposals were received from two (2) firms by the established deadline of October 25, 1996. An evaluation of these proposals by the Consultant Selection Committee resulted in the following ranking: 1. Coastal En~neering Consultants, lnc, 2. Hurrfiston & Moore Engineers The staff has completed negotiations with the number one (I) ranked Consultant and the attached Professional Services Agreement has been prepared for the purpose of obtaining those professional engineering services required for the project Specific se~ices include: surveying, beach profile and offshore hydrographic surveys, pre- design analysis, design, construction drawings, construction documents, permitting, bidding and negotiating sen'ices, construction phase services, engineering testing services, aerial photography, mapping, data analysis, report preparation and post-construction monitoring services for projects related to implementation of the Comprehensive Management Plan for Wiggins Pass and adjacent shorelines. The attached Agreement is anticipated to be recommended for approval by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting on January 3, 1997 The TDC will be advised of Board action in this regard at their January 20, 1997 meeting FISCAL IMPACT: Cost: Fund: Cost Center: Project Number: $518,243.00; to be obligated in the budget for FY 9b/97. (195) Tourist Development (60%) (110420) Wiggins Pass Dredging (80226) Wiggins Pass Inlet Management AGENDAITEM JAN 14 1997 Executive Summary Wiggins Pass Inlet Management Plan Page 2 The cost associated with this Agreement is for services to be performed through the year 2003 which conforms with the schedule for implementation recommended in the approved Inlet Management Plan. This cost is included in the spread sheet of projected expenditures for the beach renourishment and pass maintenance projects. Approval ora budget amendment will be necessary whereby funds will be transferred fi.om the reserves of Fund 195 to Account No. 195-I 10420-631400-80226 to provide sufficient funds for this obligation. GROWTH MANAGEMENT IMPACT: None RECOM.MENI)ATION: That the Board of County Commissioners: Approve the attached Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide professional engineering services related to implementation of the Wiggins Pass Inlet Management Plan, subject to review and approval by the County Anorney's Office. 2 Approve the necessary budget amendment for this obligation. 3 Authorize the Chairman to execute the Agreement. REVIEWED BY: REVIEWED BY: Date: ,"g. ~-.2. --- Harry E. Huber, Project Manager III Offic~e of Capital l~rojects Management Adotf~A. ~onzalez, jT'E'~irector Offi~ of CapitM Projects Management / Ra)mond W. ~iler, P E, Interim Public Works DMsion attachment cc~ Coastal Engineering Consultants, Inc Beach Renourishment/Maintenance Committee WIGGINS PASS INLET MANAGEM]SNT PROFESSIONAL SERVICES AGREEMENT THIS AGREEKENT 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 (hereinafter referred to as the and Coastal Engineering Consultants, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 3106 South Horseshoe Drive, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). W I TN ES SETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for Wiggins Pass Inlet Management (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHERF. AS, the CONSULTANT has submitted a proposal for provision of those services; and WHERF. AS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. -1- , ,h ,..! NOW, THEREFORE, 2 in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Serwices is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. Th~ CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida 3 Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 4 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordanc~ with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which requlate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 5 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTART hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best Judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and pro~rams incident to the work of contractors. ARTICLE ~40 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNZR as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its desigll including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, 7 ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Serwices to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent profmssional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surweys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 9 2.12. Additional owner approved services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to mcdify or change the time the CONSULTANT is obligated to commence and complete all such services,transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for l~ (re)cz,k) , 10 services and work 9rovided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 11 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIKE 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence %~ith respect to the performance of this Agreement. With respect to Schedule "C", the parties intend that this contract be a "continuing contract" as defined in Florida Statutes 287.055(2) (g) in that it is work of a specified nature as required by Owner as outlined herein. This contract contains no time limitation except for the termination clause set forth in Article 12. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or 12 lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within twelve (12) months of the date hereof, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twelve (12) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion 13 and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under thi~ Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its ow~ expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is 14 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of O~dER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and Judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, 15 employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER, its officers, employees or agents, by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold hazlmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any type and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry at all times during its performance 'under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 16 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set 17 forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or & general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other Just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below ~nd CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination ~8 for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limitzd to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall promptly deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of ~uch suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT,s sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure 19 and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or fir~, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The ~ONSULTART agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 2O ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in thim Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Harry Huber 16.2. All notices required or made pursuant to this Agreement to be given by ~:e OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, · ~ Ill II 21 return receipt requested, addreseed to the following CONSULTANT's address of record: Coaetal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 16.3. Either party may change its address of record by written notice to the other party given in accordance with reguirements of this Article. ARTICLE SEVENTEEN MISCEr,r.~NEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. Any assignment not authorized by OWNER shall be void. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. I . /~_64OO~) i I ! 17.5. The headings of the Articles, Schedules, Parts and .~- ' -' Attachments as contained in this Agreement are for the purpose of 22 convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 61 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the partiem hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government, my suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Wiggins Pass Inlet Management the day and year first written above. AT~EST: Dwight E. Brock, Clerk By: 23 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Date: Chairman Approyed am to form and ~ euffic~: As istant-County Attorney Coastal Engineering Consultants, Inc. Witness By: Michael F. Stephen, Ph.D., P.G. President Witness (CORPORATE SEAL) SCHEDULE A SCOPE OF SERVICES 24 Schedule A consists of the following component Parts: A.m. DESCRIPTION OF PROJECT A.2. DESIGN REPORT Ao3o PRELIMINARY DESIGN a.4o FINAL DESIGN a.5o CONSTRUCTION BID SERVICES ao6o CONSTRUCTION CONTRACT ADMINISTRATION ao7. DETAILED OBSERVATION OF CONSTRUCTION ao8. POST CONSTRUCTION SERVICES A.1. DESCRIPTION OF PROJECT. A.I.1. As set forth in Request for Proposals J96-2587, which is incorporated herein by this reference, the project shall consist of inlet maintenance dredging, implementation of the comprehensive inlet management plan, maintenance dredging of south channel and Water Turkey Bay, interior channel maintenance and post constr~lction services as contained in the Wiggins Pass Inlet Management Plan approved by the Board of County Commissioners. This Agreement provides for performance of those professional services necessary to complete the #Project#. A.2. DESIGN REPORT. This section deleted intentionally. A.3. PRELIMINARY DESIGN. During the Preliminary Design Phase, CONSULTANT shall: A.3.1. In consultation with OWNER and on the basis of accepted documents, determine the extent and character of the project including project width, length, and accessory structures. A.3.2. Prepare final design criteria, preliminary drawings, outline specifications and written descriptions of the project. 26 A.3.3. Advise OWNER of any adjustments to the latest opinion of probable Project Cost caused by changes in extent or design requirements of the Project or Construction Cost and furnish a revised opinion of probable Construction Cost based on the Drawings and Specifications. A.3.3.1. Construction Cost. Construction Cost means the total cost to OWNER of those portions of the entire Project designed or specified by CONSULTANT. Construction Cost does not include CONSULTANT's compensation and expenses, the cost of land, right-of-ways, or compensation for or damages to properties, or OWNER's legal accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with Project or the cost of other services to be provided by others to OWNER. Construction Cost is one of the items comprising Total Project Costs. A.3.3.2. Total Project Costs. Total Project Costs means the sum of the Construction Costs, allowances for contingencies, the total costs of CONSULTANT and related services provided by CONSULTANT and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and 27 consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others to OWNER. A.3.4. Furnish three (3) copies of the above documents and present and review them in person with OWNER. Assist OWNER in preparation of applications and supporting documents for Florida Department of Environmental Protection cost-sharing in connection with the project. Represent OWNER at public meetings. A.3.5. Conduct investigations, special surveys, and studies involving environmental and biologic monitoring services for design purposes or to determine existing conditions. A.3.6. Conduct investigations, special surveys, and studies involving geotechnical services for design purposes or to deter~ine existing conditions. A.3.7. Conduct surveys to determine existing conditions, for desig~ purposes, for construction stake out, and to determine contractor pay quantitites. A.3.8. Provide authorized "Additional Services, as outlined in Article Two as may be required to provide the OWNER with complete information and data for the purpose of this Phase of the project. A. 4. FINAL DESIGN. 28 A.4.1. On the basis of the accepted preliminary design documents and the revised opinion of probable Project Cost, prepare for incorporation in the Contract Documents final drawings to show the character and extent of the Project and Specifications. A.4.2. On the basis of accepted prelim/nary design documents, furnish to OWNER such information, design data, written descriptions and 8 1/2 by 11 inch scale drawings so that OWNER Bay Bake the initial submittal and filling of applioations for construction permits from the following agencies: 1) The Florida Department of Environmental Protection (FDEP) a) Bureau of Submerged Lands and Environmental Resource Permitting. b) Bureau of Beaches and Coastal Systems. 2) The U.S. Army Corps of Engineers (USACOE). This initial submittal will be in the form of the Standard Joint Coastal Permit Application or the Standard Environmental Resource Permit Application to the FDEP and USACOE as appropriate. 29 Prepare and submit infor~ation and conduct necessary consultations with the FDEP, USACOE and other appropriate regulator~ agencies to assist OWNER in obtaining necessary per, its for construction of the project. A.4.3. Advise OWNER of any adjustments to the latest opinion of probable Project Cost caused by changes in extent or design requirements of the Project or Construction Cost and fur~ish a revised opinion of probable Construction Cost based on the Drawings and Specifications. A.4.3.1. Construction Cost. Construction Cost means the total cost to OWNER of those portions of thee entire Project designed or specified by CONSULTANT. Construction Cost does not include CONSULTANT's compensation and expenses, the cost of land, right-of-ways, or compensation for or damages to properties, or OWNER's legal accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with Project or the cost of other services to be provided by others to OWNF~. Const~]ction Cost is one of the items comprising Total Project Costs. A.4.3.2. Total Project Costs. Total Project Costs means the sum of the Construction Cost, allowances for contingencies, the total costs of~_~N.S.ULTART.and 30 related services by CONSULTANT and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others to OWNER. A.4.4. Prepare for review and approval by OWNER, his legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations of bid and instructions to bidders, and assist in the preparation of other related documents. A.4.5. Furnish three (3) copies of the above documents and present and review them in person with OWNER. Assist OWNER in preparation of applications and supporting documents for Florida Department of Environmental Protection cost-sharing in connection with the project. Represent OWNER at public meetings. A.4.6. Conduct investigations, special surveys, and studies involving environmental and biologic monitoring services for design purposes or to determine existing conditions. A.4.7. Conduct investigations, special surveys, and studies involving geotechnical services for design purposes or to determine existing conditions. 31 A.4.B. Conduct surveys to determine existing conditions, for design purposes, for construction stake out, and to determine contractor pay quantitites. A.4.9. Provide authorized 'Additional Services, as outlined in Article Two as may be required to provide the OWNER with complete information and data for the purpose of this phase of the project. A.5. CONSTRUCTION BID SERVICES. A.5.1. CONSULTANT shall assist in the bid selection and award process as follows: (a) provide interpretation and clarification of Contract Documents during bidding; (b) coordinate bid process with Collier County Purchasing Department including advertisements, publications, Contract Document sales and receipt of bids; (c) distribute Contract Documents during bidding phase to prospective bidders; (d) maintain record of prospective bidders to whom bidding documents have been distributed; (e) organize and conduct pre-bid meeting with prospective bidders; (f) attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; i~)~) 32 (g) assist OWNER in evaluating bidder's previous experience, if necessary; (h) prepare and issue addenda as appropriate to interpret or clarify Contract Documents; (i) provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents; (j) provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, (k) make a recommendation of contract award. A.5.2. Prepare and submit information to and conduct necessary consultations with the FDEP, USACOE and other appropriate regulatory agencies to assist the OWNER in obtaining necessary perRlts for construction of the Project. A.5.3. Provide authorized "Additional Services- as outlined in Article Two as may be required to provide the OWNER with complete information and data for the purpose of this phase of the project. A.6. CONSTRUCTION CONTRACT ADMINISTRATION. 33 A.6.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. Represent OWNER at public meetings. A.6.2. Review materials and workmanship of the Project and promptly report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT,s judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.6.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor,s expense if deemed appropriate by the CONSULTANT ! .. 34 A.6.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.6.6. Submit to OWNER, in a format acceptable to OWNER, monthly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.6.7. Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the result~ of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.6.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT,s observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated~ (b) the work is in substantial accordance with the Contract Documents~ and (c) the contractor(s) is (are) entitled to payment in the recommended a~ount. A.6.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.6.10. Negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. Prepare, recommend and submit for OWNER'S approval such change orders. 36 A.6.11. Upon receiving notice from the contractor advising CONSULTANT that the Project il lubstantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a lilt of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the ~urposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all iteas that affect the operational integrity and function of the Project are capable of continuous use. A.6.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.6.13. Prepare and submit to OWNER upon completion of construction of the Project, three (3) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. 37 A.6.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.6.1§. Assist and advise the OWNER relative to implementation and accomplishment of agency requirements associated with per. it conditions for ~.he Project. A.6.16. Conduct surveys to determine existing conditions, for design purposes, for construction stake out, and to determine contractor pay quantitites. A.6.17. Provide authorized NAdditional Services" as outlined in Section Two as may be required to provide the OWNER with complete information and data for the purpose of this phase of the project. A.7. DETAILED OBSERVATION OF CONSTRUCTION. A.7.1. Construction work shall be done under the observation of at least one representative of the CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.7.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: ........ --~ (a) take 3 x 5 color 35 mm photographs of importa~t aspects of . h ! (b) maintain appropriate field notes from which record drawings can be generated; (c) maintain appropriate field rscords to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (d) observe operation or performance testing and report findings to OWNER and contractor. A.8 POST-CONSTRUCTION SERVICES A.8.1. Assist and advise the OWNER relative to i~plementation and accomplishment of agency requirements associated with permit conditions for the Project. A.8.2. Conduct investigations, special surveys, and studies involving environmental and biologic monitoring services for design purposes or to determine existing conditions. A.8.3. Conduct investigations, special surveys, and studies involving geotechnical services for design purposes or to detezlnine existing conditions. A.8.4. 39 Conduct surveys to determine existing conditions, for design purposes, for construction stake out, and to deter~ine contractor pay quantitites. A.8.5. Conduct investigations, special surveys, and studies involving beach, inlet and interior channel maintenance activities. A.8.6. Assist OWNER in preparation of applications and supporting documents for Florida Department of Environmental Protection cost-sharing in connection with the project. A.8.7. Provide authorized "Additional Services" as outlined in Section Two as may be required to provide the OWNER ¥ith complete information and data for the purpose of this phase of the project. END OF SCHEDULE A 4O SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services ae set forth herein in Parts A.3, A.4, A.$ and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sue and time and reimbursable cost basis fees as shown on Attachment A entitled ~Schedule of Fees for Basic Services". B.1.2. Payment For Basic Services so indicated under Parts A.3, A.4, A.5 and A.6 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) the A.3 milestone shall be the submittal to OWNER of the preliminary contract Documents and CONSULTANT'S preliminary opinions of probable total Project and construction costs. (b) the A.4 milestone shall be the submittal to the OWNER of the final Contract Documents after OWNER'S approval of detailed opinions of probable total Project and construction costs. (c) the A.5 milestone shall be the award of bids by OWNER. (d) the A.6 milestone shall be the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents. 41 B.1.3. Payment for Basic Services under Parts A.3, A.4 and A.6 of Schedule A so indicated shall be paid on a lump sum fee basis In equal monthly installments as follows: (a) payment for Basic Services under Part A.3 shall be paid monthly based upon the preliminary design time plus one month, the last payment to be twice the others (i.e. a 6-month design t/me will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.3. Preliminary Design). However, payments shall commence no sooner than thirty (30) days after subaittal of the Design Report and shall occur no more often than monthly, except last payment due for the services provided under Part A.3 (i.e. twice the previous monthly payments) shall not be made until submittal to OWNER of the preliminary Contract Documents under Part A.3. (b) payment for Basic Services under Part A.4 shall be paid monthly based upon the final design time plus one month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Par~ A.4. Final Design). However, payments shall commence no sooner than thirty (30) days after approval and acceptance by OWNER of the Preliminary Contract Documents and shall occur no more often than monthly, except last payment due for the services provided under Part A.4. (i.e. twice the previous monthly payments) 42 shall not be made until approval and acceptance by OWNER of the preliminary Contract Documents under Part A.4. (c) payment for Basic Services under Part A.6 shall be paid on a monthly basis based upon the construction time plus three mcnths, the last payment to be twice the others (i.e. a 7-month construction schedule will yield 10 monthly payments~ the first 9 of which will be equal to one-eleventh (1/11) the fee show~ on Attachment A for Part A.6 Construction Contract Administration). However, payment shall commence no sooner than thirty (30) days after the Notice to Proceed to the contractor and shall occur no more often than ~onthly, except the last payment due for the services provided under Part A.6 (i.e. twice the previous monthly payments) shall not be made until the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents under Part A.6. Services in excess of the fee shown on Attachment A for Part A.6 Construction Contract Administration not due to delay caused by CONSULTANT shall be considered Additional Services. B.2.1. As consideration for providing Basic Services under Part A.7 entitled '~tailed Observation of Construction. and Part A.8. entitled 'Post Const~ction Services' and for properly approved Se~ices set forth in Article Two of this Agreement as estimated on Attachment A, OWNER agrees to pay and CONSULTANT agrees to accept payment on a tike and reimbursable cost basis. Payments for Part A.7. and Part A.8. services and properly approved Services shall be made ~onthly on a ti~e and reimbursable cost basis computed ~n accordance wit~ either Attactment B entitled 'Consultant's Employee Hourly Rate Schedule~ for employees working under this Agreement. Payment shall be made monthly on an aa needed basis, not to exceed 40 hours per person per. week. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services where indicated as Time and Rei~bursable under Part A.3 through Part A.S Services, in the interest of the Project, in addition to those listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office~ (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Parts A.3, A.4, A.5 and A.6 of Basic Services~ 44 (c) when authoriz.d in advance by OWNER, except as specifically otherwiss provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County, Florida. B.3.2. Detailed Construction Observation work performed under Part A.7. and Post Construction Services work performed u~der Part A.8, shall be paid as substantiated to the limits shown in Attachment A, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B. 3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. Ail invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services and Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER,s budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered as time and reimbursable Basic Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of lump sum Basic Services as set forth in Parts A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B. Schedule "B"- Attachment 'A" Schedule of Fees for Basic Services 46 .__ Lump Sum Time & TOTAL :Tasks & Rates Reimbursable _ !.)INLET MAINTENANCE DREDGING I.A.4 Rna] D~sicjn $ 6,010 $ $ 6,010 I.A.5 Construction Bid Services $ 2,560 $ $ 2,560 I.A.6. Constz'uclJon Contract Admin $ 29,290 $ $ 29,290 I.A.7 Construction Observations $ $ 1,880 $ 1,880 I.A.8. Post Construction Services $ $ 840 $ 840 Subtotal $ 40,580 --" .---.~', 1_1.)IMPLEMENT INLET MGMT PLAN ........... /I._~A.3_Pre__~li_m_D_e_si_gn_. $ 33,110 $ 31,460 $ 64,570 ... ...... II.A.4 Final _De. sign_ ..... $ 57,082 $ 6,400 '$ 63,482 II.A.5 Construc~Jon Bid Services $ 3,800 $ 1,200 $ 5,000 II.A.6. Construction Contract Admin $ 29,745 $ 9,910 $ 39,655 II.A~7 Construct]on Observations $ $ 12,320 $ 12,320 II.A.8. Post Construction Services $ $ $ - II.A.8.1-3 Implement Permit Cond $ - $ 24,840 $ 24,840 I1.A.8.4 Permit Surveys $ $ 111,230 $111,230 II.A.8.5 Maintenance Dredge Svcs $ - $ 95,631 $ 95,631 Subtotal $ 416,728 -~III.) WATER TURKEY BAY DREDGE III.A.3 Prelim Design $ 3,235 $ $ 3,235 ......... III.A.4 Final Desicjn $ 15,090 $ 5,250 $ 20,340 III.A.5 Co~structJon Bid Services $ 2,780 $ 1,880 $ 4,660 III.A.6. Cor~13'uc'don Contract Admin $ 4,790 $ 8,940 $ 13,730 IIt. A.7 Consl:ruc'don Observations $ $ 13,280 $ 13,280 III.A.8. Post Construction Services $ $ 5,690 $ 5,690 Subtotal $ 60,935 TOTAL $ 187,492 $ 330,751 $518,243 SCHEDULE B - ATTACHMENT B CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE 47 Principal Engineer / Scientist / Appraiser Associate Engineer / Scientist / Appraiser Contract Manager / Supervisor Project Engineer / Scientist / Appraiser Staff Engineer / Scientist / Appraiser Environmental Specialist Technician / Designer Scientists include: Geologists ° Chemists * Biologists ° Hydrologists Draftsman Research Assistant / Appraisal Assistant / Technical Editor Lab Technician Construction Observer Word Processing / Document / Data Processor Principal Surveyor and Mapper Associate Surveyor and Mapper 3-man crew 3-man crew (PSM) 2-man crew 2-man crew (PSM) Photocopies Blueprints Mylars Boat Mileage Eauiom~n! R~n:al Hydrographic Survey 'Laser Trak" Slandby 'Laser Trak" DGPS Survey System One Week Minimum Lease $ 2,300.OOA~eek Single Frequency Depth Sounder $ 150.O0/day Thermal Paper E.D.M. Microtide Recorder (1 month minimum) Miniflow Recording Current Meter Wizard Processing Software Off-Road Vehicle CATV') $ 50.00/half-day' ('Minimum,) 120.00 90.00 85.00 75.00 65.00 60.00 55.00 $ 45.00 $ 45.00 $ 40.00 $ 40.00 $ ~.00 $ 75.00 $ 65.00 $ 85.00 $ 95.00 S 75.00 $ 85.00 $ .10/each $ 1.50/each $ 8.00/each $ 250.00/day $ .25/mile $ 250.00/day $ 125.00/day $ 7,500.00/month $ 3,000.00/month $ 19.00/roll $ 120.00/day $ 500.00/month $ 2,000.00/monlh $ 120.O0/month $ 120.00/day R~imOurseable Expenses will be billed at cost. Typical reimbursable expenses include: out-of-lown travel made on behalf of the client relating to permits, aerial reconnaissance and photographic expenses, and prints. C~ubcontracts or Subconsu#ants will be administered at cosl plus 10%. Invoicinq will be provided on a monthly basis. Stalements are due and payable upon receipL If written notice is not received within Ihirty days of receipt of invoice, such action will be construed as acceptance of charges as correct and accurale. " R~te~ on this schedule are guaranteed for one year from the date show"ri. · ' .~.p~,rt Witn~$~ fee negotiated separately. SCHEDULE "C" PRO/ECT SCHEDULE YEAR ITEM 1997 · Annual Monitoring Survey · Water Turkey Bay Maintenance Dredging · Preliminary Design: Inlet Management Plan Channel · Main Channel Maintenance Dredging 1998 · Annual Monitoring Survey · Final Design: Inlet M~gement Plan Chan~! 1999 · Annual Monitoring Survey · Inlet Management Plan Main Channel Dredging · Subsurface Rock Removal ,, 2000 · Annual Monitoring Survey - 2001 · Annual Monitoring Survey · Interior Channel Survey · Main Channel Maintenance Dredging 2002 · Annual Monitoring Survey 2003 · Annual Monitoring Survey · Main Channel Maintenance Dredging SCHE~JLE D 49 INSURANCE COVERAGE (1) The amounts and types of insurance coverage aha11 conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the O~ner within ten (10} calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provislo~ that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Con- sultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by O~ner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance I 50 policy shown on the Cer~ificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to 'the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in ~writing by the Owner. (8) Should at any time the Contractor/Consultant/Pro- fessional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor~Consultant~Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered Justification for the County to terminate the Agreement. WOR~.~; COMPwMsATXOI AMD 51 Required by this Agreement? (check one) X Yes No (1) Workers, Compensation and Employers, Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker,s Compensation - Florida Statutory Requirements b. Employers, Liability (check one) ~ $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee __2[_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be ~aintained where applicable to the completion of the work. (check one) X Applicable Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) __X_ Applicable __Not Applicable COHHERCI/tL ~ENERAL LXABXLXTY Required by this Agreement? (check one) X Yes (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $500,000 $ 50,000 X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." 54 (3) If the General Liability insurance required herein is issued or renewed on a ~claims made~ basis, as opposed to the ~occurrence' for~, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (~) years. (4) The Owner ehall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) __~_ Applicable' __Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of ~he work under this Agreement. (check one) X Applicable Not Applicable PROFERTY ~'IIHI]31A~OI - IUILDII] life (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) Applicable __~ Not Applicable (2) T9%e Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of ~he initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basia without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk poll~y form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, t : :::,. · .. -:~'..--2... :. 56 falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as & result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery ~nsurance required by the Contract Documents or by law, which shall 57 specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased thil insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following laximu~ deductibles per occurrence per paragraph (3) above. (check one) __ All Risk Policy - $1,000 maximum deductible __ All Risk Policy - Maximum deductible of $ __ Flood Policy - $1,000 maximum deductible __ Flood Policy - Maximum deductible of $ ~UTOMOBII~ LIABXLIT~ XNBU~ANC~ Required by this Agreement? (check one) ~ Yes No (1) Automobile Liability Insurance shall be ~aintained by the Contractor/Consultant/Professional for the ownership, ~aintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured tmder the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, ! Commercial General Liability and Automobile Liability coveragee required herein and ahall include all coveragee on a "following (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will mdrop dow~M to apply ae primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be eo endorsed. P~FESSION]t~ LI~tBILITY INBUP~ Required by this Agreement? (check one) ~ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Profecsional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not lees than: (c~zcK ONe) $ 500,000 each claim and in the aggregate __~ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate 6O each claia and in the aggregate (2) Any deductible applicable to any claim aha11 be the sole responsibility of the Consultant/Professional and aha11 not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the END OF SCHEDULE D. SCHEDULE TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants, Competitive Negotiation Act, Section 287.055, Florida Statutes, Coastal Engineering Consultants, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering services of the CONSULTANT to be provided %lnder the Professional Services Agreement, concerning Wiggins Pass Inlet Management are accurate, complete and current as of the time of contracting. Coastal Engineering Consultants BY: Michael F. Stephen, Ph.D., P.G. President Date: EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE A CONTRACT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT 20 MEDICAL EXAMINER FOR COLLIER COUNTY FLORIDA DOING BUSINESS AS DISTRICT 20 MEDICAL EXAMINER OBJECTIVE: To have a formal agreement to provide the community with medic,~l examiner services. CONSIDERATIONS: Dr. Cobum has been appointed by Governor Lawton Chiles, Governor of the State of Florida, in 1991 to serve as the District 20 Medical Examiner. Florida Statures provide that the medical examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Dr. Coburn has submitted and has had an annual budget approved upon which this contract has been based. The contract is annual by calendar years and does not contemplate any increases in staffing level (currently three), or any unusual increases. The agreement has been reviewed and approved for legal sufficiency by the County Attorney's Office. The County is also required to provide the facility for the medical examiner. The facility is currently an old funeral home building which is currently owned by the Naples Community Hospital. ~Ie the Hospital has been very good to work with and the facility has served its purpose, the building as a medical examiner's facility is at best inadequate. The Board has authorized funds in this year's budget to secure a site for a new facility. In the interim an extension of the current lease is being pursued through the Hospital, until such time as a new facility can be completed. The cost of continuing rent payments are built into the budget for this year. Lastly, professional liability insurance is provided to the Medical Examiners staff. This coverage has been quoted by Dr. Coburn who has been able to obtain a cost of roughly $14,000. The payment of this insurance is also included as an obligation of the County within this annual agreement. GROWTH MANAGEMENT 13IPACT: None. FISCAL 13IPACT: The cost to the County for this agreement is $441,300. This includes $14,000 for insurance payments, and $23,000 for lease payments. Funds are available in the approved FY 1995-96 budget for this cost in fund 001-144710-634108. RECOMMENDATION TtL~T THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the attached annual agreement between Collier County and Dr. Matra U. Coburn, M.D., Florida District 20 Medical Examiner for Collier County. ThomasW.'blliff, Pc~b~,~S ervices Administrator No. / JAN 1 Igg? AGREEMENT FOR NfEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAS'ENER SERVICES, (Agreement), made and entered into this __ day of ,1996, by and between Maria U. Cobum, M.D., Florida District 20 Medical Examiner for Collier County, Florida, doing business as District 20 Medical Examiner, a Florida Corporation, hereinafter called "Medical Examiner" and the Board of County Corrtmissioners of Collier County, Florida, hereina.fter called "County." WHEREAS, Dr. Matra U. Coburn was re-appointed Florida District 20 Medical Examiner for Collier County, Florida, on April 26, 1994 by Lawton Chiles, Governor ofthe State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the district medical examiner may appoint associate medical examiner(s) to provide medical examiner services at all times and all places within the district and that said associate medical examiner(s) shall serve at the pleasure of the district medical examiner; and xA~EREAS, Section 406.06(3), Florida Statutes, states that district medical examiner(s) and associate medical examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(I), Florida Statutes, provides that fees, salaries and expenses for the medical examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the district medical examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the district medical examiner or associate medical examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Matra U. Coburn, M.D., Florida District 20 Medical Examiner, doing business as District 20 Medical Examiner, a Florida Corporation, to provide medical examiner ser','ices under Chapter 406, Florida Statutes, as an independent contractor. Agefldl NO. $ 1997 NOW, THEREFOI~.E, in consideration of the mutua[ covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION__I TEKM OF AGI:~EE1VIENT The term of this Agreement shall be from January 1, 1997, through September 30, 1997. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and ali equipment not other~se provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District 20 Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION 17I COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, b'eglnning on January 1, -1997, the amount of $16,761.00 semimontkly through September 30, 1997. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 'a' shall be made on the 15th and 30th days of each month. Ifthe 15th or 30th ofthe month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the ser',,ices furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section Vl l of this Agreement regarding repons. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff' (associate medical examiner(s) and laboratory technician(s) must be maintained in order to perform the medical examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The Count)' agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities/workload of JAN 1 ~ *.e~'~q~r the medical examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section 111 of this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of'the Collier County Public Services Administrator or his/her designee, for any such expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary, expenses and compensation which are justified and incurred by the Medical Examiner due To said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized manner to support the petition to the Board of County Conm'~issioners for extraordinary compensation and expenditures. Examples of ex'traordinary disasters or occurrences include, but are not limited to, aircraft, bus and boat accidents where a simultaneous large Joss of life has occurred, hurricanes and other natural disasters, and any other disasters or occurrences caused by nature or human beings where a large loss oflife is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the County Manager or his/her designee, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SE(]TION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and maintain, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as district medical examiner. The County shall bear the rental cost of the Medical Examiner's facility and shall remit payment for s~me The County and the Medical Examiner shall agree upon the directly to the landlord of said facility. location for said facility. B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement o£ said equipment shall be approved by the County Manager or his/her representative, in eeeordance with the Collier County Purchasing Policy, upon subrrfission o£a requisition by the Medical Examiner to the County's Public Services Administrator. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees lo include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's opc:afion. ~ PROFESSIONAL LIABILITY INSLrRANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES ANT) EQUTPMENT BY TI-IE MEDICAL EXA. MINER FOR HUMANITAKIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner o£ humanStarian and/or charitable se~'ices under this paragraph shall not be considered part of the official duties of the Medical Examiner, ;~C~.~__.'_'_'_'~] P~PORTS The Medical Examiner agrees to provide to the County a monthly report which ~mll include, minimally the following: A. Number of all investigations and n~rrative reports for non-autopsy medical examiner c~ses; B. Number ofall autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials ,t sea and anatomical dissections; E. Number of hours of scene investigations; F. Measurements of the month's and year-to-date performance record in accordance with the budgetary performance standard service statements which reflect levels ofeommunlty service; G. Any other activities not described above; H. The activity report shall be submitted by the 10th day of the following month to the County's Emergency Services Administrator or any other such person as designated by the County Manager. 5ECTIq)N VIII t~DICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be expressed intent of the parties that under this Agreement the Medical Exam/ncr shall act exclusively as an independent contractor rendering professional services fer the County in acccrdance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personal or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled as a result of this Agreement to any benefits granted err.~loyees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for ~ny a~ts of the Medical Exarr~ner that are not within the scope ofthe o~cial duties as medical examiner. SECTION IX NO PAKTNERSI-I]~P Nothing contained in this Agreement shall create or be construed as creating ~t partnership between the County and the Medical Examiner. SECTION X NO DISCKIMZ~ATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, {:reed or national origin at any County facilities provided under this Agreement and with regard to the provision of the se~,'ices of the Medical Examiner contemplated by this Agreement. SECTION X'I CONDENSATION FOR MEDICAL, E~'ER EX]aERT TESTI]~ONY In addition to the compensation provided for in Section 111 of this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to medical examiner semlces performed in criminal cases pending in the Collier County courts. Expem testimony furnished by the Medical Examiner shall be compensated at a rate of $125.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from the state attorney, public defender or court-appointed counsel. Notwithstanding the foregoing, compensation to the Medical Examiner for expert testimony in Collier County criminal proceedings occurring during the course of any particular calendar day shall not exceed $$$0.00. SECTION X]I NOTICES All notices from the County to the Medical Examiner shall be deemed duly served ifmailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 870 6th Avenue North Naples, Florida 34102 Agendas ~ t~! ~ No. Ito f c, ) 1 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Public Services Adm/nistrator 3301 East Tamiami Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. All notices under this Agreement must be in writing. ~ NO 12v[PROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of ~ch violation by the Medical Examiner, the County shall have the right lo suspend this Agreement with lhe Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. E~S~T.I ~5~L~ IN'DENfis,'IFI CATI ON The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from al/suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out o~, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered ~,s payment of tl~s obligation by the County. This section does not pertain to any incident arising ~rom the negligence of Collier County. ~ TEi:Lx, FFNATION AND CONTINLrlTY OF SERVICES A. Tkis Agreement may be terminated by either party upon ninety days written notlc~ Io the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either pasty may terminate tkis Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall be: (1) Material violation(s) ofthis Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Com,~ssion or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated ancLror prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by lhe County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. ,SECTION XVl AM:EN'DM:ENTS This Agreement may be modified by amendment at any lime provided that such amendment is in writing and signed by both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of' litigation from the non-prevailing party at both trial and ali appellate levels. IN WITNESS WHEREOF, the parties have,caused this Agreement to be executed on the day first above written. ¢ ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Date: , Chairman (SEAL) First Witness Typed or Printed Name Iv~EDICAL EXAMINER Mama U. Cobum, M.D. Medical Examiner Florida District 20 Second Witness Signatu~'e ~ Typed or Printed Name Approved as to form and legal sufficiency: A Heidi F. Ashton Assistant County Attorney EXECUTIVE SUMMARY RECOMHENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A CONTINUATION CONTRACT FOR THE OLDER AMERICAN'S ~CT GRANT FUNDIN~ AND SI~N THE RELATED CONTRACT AND BUDGET AMENDMENT DOCUMENTS OBJECTIVE: To secure Board approval and signature for the continuation contract and budget amendment for federal Older Americans Act [OAA] grant funding. This grant provides in-home support services to Collier County's frail elderly. CONSIDERATIONS: Collier County has participated in the OAA grant program and related activities for the past 21 years. The homemaking and case management services provided through this funding contribute greatly toward preventing premature institutionalization for many of these Collier residents. GROWTH MANAGEMENT IMPACT: None. Fiscal Impact: County cash contributions of $41,413 are necessary at this time and were included in the BCC approved Services for Seniors budget. No additional funds are requested. Recommendations: That the Board approve and sign this contract and budget amendment that reflect continuation funding and BCC approval of 1997 Older American's Act program for Collier elder~ Prepared bY/~anci:- E. Lochner, Dar e: _~_~ Services for Seniors Program Supervisor Mart~a- Skinner, ' ~ Social Services Department Director To~ Olliff, ~0 Public Services Administrator 01/01/97 Rate Agreement No.~ RATE AGREEMENT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the .... agency , and the C'_nlli~r hereinafter referred to as the "provider". The parties agree: I. Provider Agrees: A. Services to be Provided: The Service Provider Application of Cnllie~r Cn,,nrv Rnarcf nf Cn,,nry Cnmmi,:qinn~,~ for 1997, and any revisions thereto approved by the legalagency, are reference, d as a part of this rate agreement., between the agency and the provider and prescribe the manner in which the provider will meet the requirements of the Older Americans Act of 1965, as amended. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the 1997 Service Provider Application of Cx~ltl~.r Cn,,ntv ~narcl nf C'n,,ntv ('7. Clmmi~lnn~.¢h ~lld the Department of Elder Affairs Programs ' · ' and Services Manual, ATTACHM1Z~NT VI, and HRSM 55-I. In the event these manuals are revised, the rate agreement., will incorporate any such revision and the provider will be given a copy of the revisions. Federal Laws and Regulations: The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. The provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.$.C. 1857('h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.$.C. 1368 et .seq.), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). The provider shall report any violations of the above to the agency. The provider must, prior to rate agreement execution, complete the Certification Regarding Lobbying form, ATTACHMENT I. If a Disclosure of Lobbying 01/01/97 Rate Agreement No.~A_~ Activities form, Standard Poma LLL, is required, it may be obtained from the agency. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the agency. The provider must, prior to rate agreement execution, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Rate agreements/Subcontracts, ATTACHMENT II. The provider shall comply with the provisions of the U.S. Agency of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: The provider gives this assurance in consideration of and for thc purpose of obtaining federal grants, loans, rate agreements (except rate agreements of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms I01 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider Assures that it will comply with: Title Vl of the Civil Rights Act of 1964, as amended, ,:2 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, o~/ol/97 mo Rate Agreement No.~_~ national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and punic accommodations. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this rate agreement. The provider shall advise clients, employees, and participants of the right to file a complaint, the fight to appeal a denial or exclusion from the services or benefits from this rate agreement, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this rate agreement may also be filed with the Secretary of the agency or the appropriate federal or state agency. The provider further assures that all subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide units of deliverables, including reports, findings, and drafts as specified in this rate agreement and the area plan, to be received and accepted by the agency prior to payment. To allow public access to all documents, pape,s, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this rate agreement. 3 01/01/97 F. Go Rate Agreement No.~ Withholdings and Other Benefits: The Provider is responsible for Social Security and Income Tax withholdings. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees that it will indemnify, defend, and hold harmless the agency and/or state and all of the agency's and/or states officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the rate agreement, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except that neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency's and/or state's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency's and/or state's notice of claim for indemnification to provider. Provider's inability to evaiuate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency's and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this rate agreement. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this rate agreement. 01/01/97 Rate Agreement Upon the execution of this rate agreement, the provider shall furnish the agency written verification supporting both the determination and exisume~ of such insurance coverage. Such c. overage may be provided by a ~lf-insurance program esablished and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this rate agreement in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by .wx:tion 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or ha~ reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the central abuse registry and tracking system of the Agency of Health and Rehabilitative Services on the single statewide toll-free telephone number (t-800-96ABUSE). The provider will ensure that the pfiofitization of clients include TOP PRIORITY to those clients determined to'be victims of abuse, neglect or exploitation by the Department of Health and Rehabilitative Services. Trartsportation Disadvantaged: If clients are to be transported under this rate agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. Purchasing: Procurement of Products or Materials with Recycled Content: 5 01/01/97 Lo M. Rate Agreement No.~5_~ That any products or materials which are the subject of, or are required to carry out this rate agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. Sponsorship: As required by Section 286.25, Florida Statutes, when sponsoring a program financed wholly or in part by agency funds, including any funds obtained through this rate agreement, the provider assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by t h · provider shall include the statement: "Sponsored by the ~nlller eo,,nty l:ltmrd of C.qunv.., Cornrni~inne. rg , the Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written material the words "Area Agency on Aging for Southwest Florida, Inc. and State of Florida, Department of Elder Affairs" shall appear in the same size letters and type as the name of the organization. The Department of Elder Affairs and/or agency's written approval is required prior to the provider's use of the name of the Department of Elder Affairs and/or agency for solicitation of funds. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of rate agreement funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. Public Entity Crime; Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the agency per section 287.133, Florida Statutes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a rate agreement to provide any goods or semices to a public entity, may not submit a bid on a rate agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a rate agreement with 6 01/01/97 Rate Agreement an), public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Employment If the provider is a non-governmental organization, it is expressly understood and agreed that the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act(INA), 8 U.S.C. $.1324 a (e)("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this rate agreement. Audits and Records: To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiendy and properly reflect all revenues and expenditures of funds provided by the agency under this rate agreement. To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. To maintain and hie with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this rate agreement. Such reporting requirements must be reasonable given the scope and purpose of this rate agreement. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Programs and Services Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. To provide a financial and compliance audit to the agency as specified in ATTACH'MF. NT ltl and to ensure that all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 01/01/97 Rate Agreement No.~ Ro This rate agreement contains federal funds. The Catalog of Federal Domestic Assistance (CFDA) numbers are as follows: CFDA # Title 93.044 93.045 93.045 93.046 Title IIIB Support Services Title IIICI Congregate Meals Title IIIC2 Home Delivered Meals Title IIID In-Home Services 8. This rate agreement is funded from a grants and aids appropriation. Retention of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this rate agreement for a period of five (5) years after termination of this rate agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the fight to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring: o To provide progress reports, including data reporting requirements as specified by the agency. These reports will be used for monitoring progress or performance of the rate agreement services as specified in the Service Provider Application. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this rate agreement, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this rate agreement. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in. which said goods or services are being pro',4ded. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable 01/01/97 So Uo Rate Agreement No.~ and acceptable justification for the provider's failure to correct the note. d shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify within a reasonable time aa specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this rate agreement. Safeguarding Information: Not to use or disclose any information concerning a recipient of .services under this rate agreement for any purpose not in conformity with the state regulations and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. Assignments and Rate Agreemenls: Agency approval of the 1997 Service Provider Application shall constitute agency approval of the provider subcontracts if the zubcontracts follow the service and funding information identified in the service provider application. The provider must submit all rate agreements for services under the 1997 Service Provider Application to the agency for prior approval when the proposed subcontractor(s) is a profit making organization. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the agency in addition to the total dollar amount agreed upon in this rate agreement. All such assignments or subcontracts shall be subject to the conditions of this rate agreement and to any conditions of approval that the agency shall deem necessary. Unless otherwise stated in the rate agreement between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of fuIl or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Final Request for Payment: To submit t.he final request for payment to the agency no more than forty-five (45) days after the rate agreement ends or is terminated; if the provider fails to do so, 9 01/01/97 Rate Agreement No.~ all right to payment is forfeited, and the agency will not honor any r~lu~t~ submitted after the aforesaid time period. Any payment due under the ~rms of this rate agreement may be withheld until all report~ due from the provider, and ne~.~ssary adjustments thereto, have been approved by the agency. o A final r~c~ipt and cxpeaditur~ report as a closeout report will be forwarded to the agency within sixty (60) days after the rate agreement ends or is t~rmlnated. All monies which have bun paid to the provider which have not been used to retire outstanding obligations of the rat~ agreement being closed out must be refunded to the agency along with the final receipt and expenditure report. V. Return of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this rate agreement that were disbursed to the provider by the agency. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of notification or discovery. II. The Agency Agrees: A. Rate Agreement Amount: To pay for rate agreement services according to the conditions of this rate agreement as outlined in ATTACHMENT VI in an amount not to exceed $fi2,9.fi3.~ subject to the availability of fends. $62,.9.fi3_99_ represents federal funding. The State of Florida's performance and obligation to pay under this rate agreement is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other rate agreement or from any other source are not eligible for reimbursement under this rate 10 01/01/97 Rate Agreement No.~ agreement. The rate of payment per service and maximum units by service ate defined in attachment VI. B. Rate agreement Payment: The provider's invoice will be sent to the Department of Elder Affairs in conjunction v,,th other invoices received by the agency from rate agreements subject to review and aPl:rOyal by the agency. Such approval is for the purpose of authorizing payments and do,~'s not constitute final approval of services purchased under this rate agreement... Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. With the exception of payments to health care providers for hospitals, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date of eligibility for payment is determined, and the interest penalty is set by Subsection 215A22(13), Florida Statutes. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. C. Vendor Ombudsman: A Vendor Ombudsman has been established within the Agency of Banking and Finance. The duties of this individual include acting as an advocate for vendor~ who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman 'may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III. Provider and Agency Mutually Agree: A. Effective Date: Th.is rote agreement shall begin on January 1, 1997 or on the date on which the rate agreement has been signed by both parties, whichever is later. 2. This rate agreement shall end on June 30, 1997. B. Method of Payment: 11 01/01/97 Rate Agreement No. OAA 030.97 This is a r~te agreement. All requests for payment and expenditure telX)~ submitted to support requests for payment shall be on agency forms. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on agency forms. The provider may request a monthly advance for each of the first two months of the rate agreement period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of actual units of service delivered during the month beginning with the first month of the rate agreement. The schedule for submission of reimbursement requests is A'F'TACHMI~.NT IV to this rate agreement. Reconciliation and recouping of advances made under this rate agreement are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. The provider may request extraordinary cash in addition to the above advance requests in accordance with DOEA Administrative Policy Memorandum Number A0012. Any payment due by the agency under the terms of this rate agreement may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. The provider agrees to implement the distribution of funds as detailed in the 1997 Service Provider Application, ATTACHMF. NT V_I to this ram agreement. Any changes in the mounts of federal or general revenue funds identified in the Service Provider Application require a rate agreement amendment. Financial Reports: The provider agrees to provide an accurate, complete and current disclosure of the financial results of this rate agreement as follows: To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ,'rrACFFM'F2WT mt. To submit a complete and accurate quarterly Service Cost Report, DOEA Form 110, to the agency per Older Americans Act funding source by April 15, 1997, luly 15, 1997 and October 15, 199'7. An annual Service Cost Report, DOEA Form 110, will be submitted to the agency within sixty (60) calendar days of December 31st. 12 01/01/97 C. Termination: 1. o D. Suspension: 1. Rate Agreement No.~ The completed manual units of service portions of the Older Americans Act Annual Report if applicable, are due to the rate agreement manager on or by October 15, 1997. The Agency will obtain the remaining report sections from the Client Information, Registration and Tracking System. Termination at Will This rate agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance this rate agreement become unavailable, the agency may terminate the rate agreement upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate this rate agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 00A-1.0060), Florida Administrative Code. Waiver of breach of any provisions of this rate agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this rate agreement. The provisions herein do not limit the agency's right to remedies at law or to damages. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective ~ction, or pending a decision of terminating the rate 13 01/01/97 Rate Agreement No.~ agreement. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this rate agreement; it includes, but is not limited to, the provider's failure to permit inspection of records, or to provide repons, or to rectify deficiencies noted by the agency within the time specified by the ~ency, or to utilize funds as agreed in this rate agreement, or such other cause as might constitute breach of any of the terms of this rate agreement. The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by Certified Mail of: the action taken, the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove the st~spension; the provider's right to an administrative hearing; and, give the provider the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). E. Notice and Contact: i. The representative of the agency responsible for this rate agreement is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (813) 332-4233 . The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci Lochner, Project Supervisor Satellite Building -H-, Collier County Government Complex 3301 Tamiami Trail East Naples, F1 34112 941/774-8443 14 01/01/97 Rate Agreement No.~ In the event that different representatives are designated by either party after execution of this rate agreement, notice of the name and address of the new repres'entative will be rendered in writing to the other pa~y and sa~d notification attached to originals of this rate agreement. Renegotiation or Modification: Modifications of provisions of this rate agreement shall only be valid when they have been reduced to writing and duly signed. The parties agree to re. negotiate this rate agreement if revisions of any applicable laws, or regulations maim changes in this rate agreement necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. Special Provisions: 1. Nonexpendable Property Nonexpendable property is defined as tangible property of a nonconsumable nature that has an acquisition cost of $500 or more per unit, and an expected useful life of at least one year; and hardback bound books that ate nnt circulated to students or the general public, the value or cost of which is $I00 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if the), ~ circulated to students or to the general public. All such property, purchased under this rate agreement shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. All such property purchased under this rate agreement shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. 15 01/01/97 o Rate Agreement No.~ Title (ownerqhi?) tO ail nonexpendable property acc[uired with funds from this rate agreement shall be vested in the agency ,,?. enm.nletlnn r~r te_rmlnnt~nn nf the rate_ n~re~ment. eo At no time shall the provider dispose of nonexpendable property purchased under this rate agreement except with the permission of, and in accordance with instructions from the agency, A formal rate agreement amendment is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of this rate agreement. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider must comply with the Department of Elder's Affairs ITR Procedures. The provider will not be reimbursed for any ITR purchases made prior to obtaining the agency's written approval. Match The provider will assure that there will be a match requirement of at least 10 percent of the cost for all services. The provider's match will be made in the form of c~h and/or inkind resource& At the end of the rate agreement period, all Older American Act funds must be properly matched. Older American Act Funds The provider and the agency agree to perform the services of this rate agreement in accordance with all federal, state and local laws, rules, regulations and policies that pertain to Older American's Act funds. Fees for Services The provider assures that Older Americans Act paid staff will not assess nor collect fees from eligible clients for Older Americans Act funded services. Subcontractors may charge fees for services not paid for with Older Americans Act funds to those 16 ol/01/97 o Rate Agreement No.~ persons who are able to pay part or all of the cost of services. Carry Forward Funds Federal fiscal year funding provided in this ram agreement is subject to substitution by prior year's carry forward funds in accordance with procedures established by the agency. This provision excludes senior center carry forward funds. Copyright Clause Where activities supported by this rate agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of state, for the exclusive use and benefit of lhe s'mte. Pursuant to Section 256.021, Florida Statutes, no person, firm or corporation, including parties to this rate agreement, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures The provider will assure through contractual provisions that service provider agencies have procedures for handling complaints from persons who complain that service has been denied, terminated or reduced improperly as outlined in 58A- 1.007(e) Florida Administrative Code and the Department of Elder Affairs Programs and Services Manual. Investigation of Allegations Any report that implies criminal intent on the pan of a service provider agency and referred to the state attorney must be sent to the agency. The provider must i~vestigate allegations regarding falsification of client information, service records, payment requests, and other related information. 17 01/01/97 10. I1. 12. Rate Agreement No.~.~~ Signature All rate agreements and amendments must be signed by the President of the Board of Directors of the provider, or such other officer or member of the board as designated by the Board of Directors. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of F..Jder Affairs may exercise authority over an area agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities in order to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or the Governor of the State of Florida declares a disaster or a state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement emergency relief measures and/or activities. In either of these cases, only the Secretary or Deputy Secretary or his or her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the Agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential disaster area or actual disaster area. Computer System Backup and Recovery As defined in Chapter 44-.4.070, Florida Administrative Code, each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of provider functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. Information and Referral The provider will insure collection and maintenance of a data base on information and referral services for each program. The agency wall insure maintenance of this 18 01/01/97 13. 14. 15. 16. Rate Agreement dam base for the entire planning and service area. The provider will be responsible for crx~rdinating all information and referral program(s) and will insure the ongoing quality of services provided. Volunteers The Area Agency on Aging will promote the use of volunteers as prescrib~ in Section 306(a)(12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the Area Agency on Aging will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding. where possible, to their provider agencies. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at risk of placement in an institution and referred to the Older Americans Act Program will be given primary consideration for services to prevent institutional placement. Business Hours Providers must maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. Client Information and Registration Tracking System (CIRTS) Service Provider Agencies must enter all required data per the Agency's CIRTS Policy Guidelines for OAA clients and services in the CIRT$ on a monthly basis. The data must be entered into the CIRTS before the Service Provider Agencies submit their request for paymer,t and expenditure reports to the Area Agency. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the Agency. Service Provider Agencies will run monthly CIRTS reports and verify that client and service data in the CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report and must be reviewed by the Area Agency befor~ the service provider's request for payment and expenditure report~ can be 19 01/01/97 Rate Agreement No.~ Co approved by the Area Agency. Failure to ensure the collection and maintenance of the CIRTS data may result in the Agency enactLng the 'Suspension" clause of this rate agreement (see Section III, D.). Name, Mailing and Street Address of Payee: The name (provider name as shown on page 1 of this rate agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Collier County Government Complex, Building - H 3301 Tamiami Trail East Naples, FI 34112 941/774-$443 The name of the contact person, street address and telephone number where financial and administrative records are maintained: Collier County Board of County Commissioners Collier County Government Complex, Building - H 3301 Tamiami Trail East Naples, Fl 34112 941/774-8443 20 01/01/97 Rate Agreement ~o.~ 12q WITNESS THT_.REOF, the parties hereto have mused this 3.1. page rate agreement to be executed by their undersigned officials as duly authorized. PROVIDER: ColLier County Board of County Commissioners AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED SIGNED BY: BY: NAME: NAME: TIT'LE: Chairman TITLE: DATE: 12 / 3 l / 96 DATE: Anna Vnnn lqn~rrl Preglctent 12./31/96 FEDERAL ID NUMBER: 59 600 ~ PROVIDER FISCAL YEAR ENDING DATE: 9/30/97 Approved as to form and legal sufficiency: ~~i~o~Mana 1/i~h --- Ch-i~f -A% ~S rant County Attorney 21 01/01/97 Rate Agreement No,~ ATTACHMENT _CFRTIFICATION RF.C, ARDINC, I~IRRYrNG C_F. RTIqrICATI(qN F~R RATF. A~RF.~.~: ~RANT~: I~A~~ C~P~RA~E A G R F.V.M FNT The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or a~mptLng to influence an officer or an employee of any state or federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal grant, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal rate agreement, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal rate agreement, grant, loan, or cooperative agreement, the undersigned shall complet~ and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts rate agreements, subgrants, and rate agreements under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingl. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. e Date Name of Authorized Individual Application or Rate Agreement Number Nanci Lochner, Project Supervisor Satellite Building -H-, Collier County Government Complex 3301 Tamiami Trail East Naples, F1 34112 941/774-8443 Name and Address of Organization 1 22 Rate Agreement No.Q~ 01/01/97 ATTACILMENT II _C.F, RTTFIC ATI(%N REC, ARI%TNG DI:'RARM-ENT: KILqPENKION: TN'ET,TCJ'BTT,TT~ ANrD VOT.TTN'TAR¥ ~XCT.TT~T~N 1~ A. TEA GR F. EM'E~g/.q! IR C. CI NTR A CTK This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986, The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (~) (2) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in rate agreement with the Department of elder Affair~ by any federal agency or agency. Where the prospective provider is unable to certify to any of the statements in this cetxification, such prospective provider shall attach an ezplanation to this certification. Signature 12/31/96 Date Chairman Name and Title of Authorized Individual Approved for legal content and Sufficiency: Chief Assistant County Attorney Name of Organization 01/01/97 Rate Agreement No.~~_~_~ DOEA Fon'n ! 12A October 1~3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION RATE AGREEMENTS/SUBCONTRACTS RATE AGREEMENTS Each provider whose rate agreement equals or exceeds $25,000 in federal monies must sign this debarment certification prior to rate agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Area Agency on Aging nor its rate agreement providers can contract with subcontracts if they are debarred or suspended by the federal government. This certification is a material representation of fact upon which reliance is placed when this rate agreement is entered into. if it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. The provider shall provide immediate written notice to the rate agreement manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the rate agreement manager for assistance in obtaining a copy of those regulations. The provider further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this rate agreement unless authorized by the Federal Government. The provider further agrees by submitting this certification that it will require each subcontractor of this rate agreement whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each rate agreement. The Area Agency on Aging and its rate agreement providers may rely upon a certification of a provider that is not debarred, suspended, ineligible, or voluntarily exclude from rate agreement/subcontncting unless it knows that the certification is erroneous. DOEA Form 11213 24 FI,~ANCIAL AND COMPLIANCE AUI)I'I'.~ A'r]'ACI~fENT Ill This attachment is applicable, if .the provider or grantee hereinafter referred to as provider, is any local government entity, nonprofit organization, or for-profit or0anization. PART h SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the agency during its fiscal year. The provider has 'received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The pruvider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current L~nvernrn~nt A~,H;t;nn_ Rt~ncf~rd~; ('Yellow Book') issued by the Comptroller General of the United States. Local governments shall comply with J~gPa'r~n? ~r~ Nonprofit providers receiving federal funds passed through the agency shall comply with the audit requirements contained in C~IUlR ~ircHLar A-I~ ~ A~JH;t~; nf In~-t;t~,t[nn~: nf HJ0h,er I e~r~n_n ~r~ C)?h~.t Nnnornfi? In~?ihst;nrt~, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed =hall include the financial audit requirements of the 'Yellow Book', and must include reports on internal control ·nd compliance. The audit report shall include a schedule of financial assistance that discloses each state rate agreement by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to rate agreements with the agency shall be based on the rate agreement requirements, including any rules, regulations, or ~tatutes referenced ~n the rate agreement. VVhere aoplicable, the audit report shall include · computation showing whether or not ma~ching requirements were met. All questioned costs and I~abilities due to the agency shall be calcuIated and fuIly disclosed in the audit report with reference ~o the agency rate agreement involved. These requirements do not expand tho scope of the audit as prescribed by the 'Yellow Book". If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports{s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which ra~e agreements are funded from state grants and aids appropriations. Oopies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 150 days after the end of the provider's fiscal year. unless otherwise required by Florida Statutes. to the following: A. Finance Manager (3 copies) Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 B. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census JeffersonviIle, Indiana 47132 Submit to this address only those reports prepared in accordance with the rules of the Auditot General, chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. DOEA Form 104A ~130192 26 PART FI: GRAN~F$ AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either Ill a local government entity or nonprofit organization receiving a total of less than $25,000 from the agency during its fiscal year or {2} a for-profit organization receiving any amount from the agency. The provider has "received" funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an performed by an independent certified public accountant end submit a compliance report{s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or s"tatutes toferancod in the contract. Where applicable, the audit repot1 Ihall include e coml~utetlon Ihowlng whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed ~100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penaJties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 150 days after the provider's fiscal year end to the following: A. Finance Manager (3 copies) Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made a~/ailable to the agency, or its designee, upon re(3uest for a period of five years from the date the audit report is issued, unless ex'tended in writing by the agency. PART II1: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the agency during its fiscal year or {2! a for-profit organization receiving any amount from the agency. The provider has 'received" funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. DO£A Form 104,8 9130192 27 Report Month RATE AGREEMENT REPORT CALENDAR ADVANCE BASIS Rate agreement.. TITLE III Based ATTACHMENT IV Submit to State on This Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 January February March April May June July August September October November December Final Advance* Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report Final Payment Request Closeout Package January 1 January 1 February 15 March 15 April 15 May 15 June 15 July 15 August 15 September 15 October 15 November 15 December 15 January 15 March 1 March 15 Legend: Note # 1: Note ~ 2: Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If the closeout package reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Rate agreement cannot be submitted to the State Comptroller prior to January i or until the contract with the Agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. A final payment request may be submitted to the agency by the provider up to 60 days after the contract has ended. 28 CASE MANAGEMENT OAA SERVICES ,, · ,,,.. ~c~,~ce4. ~..ase ~gers snait oe res~:ble for ongoing momto~g o~t~ ~isi~ of~i~ ~h~ ~ ~ c~'s ~ p~. ~y s~ ~o ~tlnte ~ ove~ the pr~ess of assessment ~ r~s~sme~ of !~ clie~'s level of c~re ~ review o~ c~re p[~ ~ s~i~ ~e~n~. UnJt of' Service. one boar of dLrect service with or on beb.,tLf ora cilag, inclwJin~ travel time related to client. Time spent with a au~iver is also included when it relates to the client's silu~tion. CHORE Chore is defined as performance of' house or yard tasks including such .jobs as sea.,~onal clea. nJng. essential errands, yard work, lifting ami moving, simple household repairs, pest control, and household maintenance for eligible persons who are .nable to do these Insk.s for themselves bez:ause of frailty or disability. Unit of Service. one hour of direct service or on behalf ora client. CONGR~GAT~ ^ Congregate Meal is a meal served to an eligihle person in a congregate meal site. which complies with the DieJnry Guidelines for ^znericans, and mee4s at least one-tkird of the current daily Recomntetxled DieJary Allowances {RDA), as established by the Food and Nutrition Board of the National Academy of' Sciences. Urdt of Service - one mc. al served to an eligible person. CONGREGA'i"~ NUTRJ'TION EDUCA~ON Congr~gale Nutrition Education is a formal progrmn of regt,larly sched.led presentations tlmt promote be4ter health by p~id~ accurate and culmr~ly se~itive nut~tion, physical fitness, or h~lth ~fomm6on ~lat~ to n.trition. ~stn,ction is done ~ dierici~ or ~ividual of comparable ex.aisc must overs~ the infommtion provide. U~t of Service - one episode. HOME DELIVERED MEALS A Home Delivered Meal is a meal whJcl, complies wilh the Die4ary Guidelines for A~nericans and meets one-third of the current daily RecornmctxJed DieaO, Allowances (I:LDA), served in the home to a functionally impaired homebo, nd older person. Urtit of Service. one meal delivered. 29 HOME DELIVEJ:~ED NUTI~JT~ON EDUC^T]ON Home Del;rated Nutrition F-.duc~tion is a fomud pr~grmH IhaZ promocee bailer he~hh hy providing aero,rate end cullltrally Jetssitive nutrilion, FAysic,,d ritzy, ss, or health b'd'om~ation (related Io m,trltion) Io elders or their care givers in an imlivi(h,al set, lng. A die~Jci~ or indJvkhml of compa, r~bJe expertise must overs~ the infomtalion provided. Ur~t of Service - one episode of face to face education with -, home-bound client or caregiver, or one mailing or delivery of rrmteriall to RLI home-boHn(I clients. HOM F.~4AK ER Homem~dcer service is defined ns the accomplisl'u'nent of specific home rtmnagement dr*ties, inchvJing housekeeping, meal planning ~nd preparation, shoppLag ~sslstnnce ~nd routine household activitie~ performed by a trained homenmker. Unit of Service - one hour of direct service. HOUSING [J',4 PRO V EM EN'T' Ho~tsing bz~orovement is defined ~ providing home repairs or Rher~tlons for ~ elig~le ~rson, or assist~ce ~ ~[ n~ m~im or ~]te~io~ for the cllen~'s home; a~g~g for home improvement ~t~ or 1o~; pmvkling nssisf~e fo ~n~ ~e ~; ~g ~1 ~ ut~ti~, ~ provision of ~st extem~ating se~ic~. H~ Improvement ~y encom~ m~im ~ti~l n ~ for compJ~ion. Unit of Service o one hour of direct service. INFO P,J~ATION buron'n~on is defined ~ resFx:~nding Iro n.n LnqHir'y froth a person, or on belu~lf of a person, regarding reso~lrces and available ~ervlces. It does not re4~uire in-depth a.sses~ment of need, not s.h,~e4.1Hent foJlow itD attemF4~ to see that caller rc,.'e~ve a service. It is hoe det'u~l hy ehher the tinge spen~ answering ~H inqHiry, or by ll~e nmHher of q~,estlons asS:mi or answered within a c~snversation. L'~ormnsion also does hoc rec~.~b-e t,~ i;v.~ce L'~fon'r~ion he gazher~l on ~l~e indivi(h~al r:.41,.~e.~ting int'ommtion. Media ami / or administrative incFfiries s~hcxdd rml I~e documented a.s in.formation. Unit of Service. one episode (one person i.ru"onnexl.) LEGAL ,~K~I~TANCE Legaj AssiStaOc~ is c~eFu~d a.s me,~'~ng 'legal ~vice ~1 repr~en~tion by ~ a~omey (~ch~l~g Io the exte~ f~le, ~elMg ~ ~r a~ropH~e ~s~ce by a paralegd or law s~ldent I,Mer the ~ion of~ a~omey), ~ ~h~ c~melM~ or ~~ ~ a ~er when ~ by law, to older ~ividuels wilh ~ono~c or s~ial n~s.' ~gal Assisl~ce b ~te~ Io ~ ~ ~ic civil H~ ~ e~ure the autonomy ~ ~c~ence of older ~o~. Co~l~ty or group legal ~IH~tio~ slall na~ ~l~d h n u~t of ~gd ~ssis~ce. Unit of Service - one hoHr direct service with or on behalf of a client. 30 OU77L~ACH CXure~ch is deFu~d ~s m~g active efforu to rc~cl; t~rge~ group Lndividuals, either in a com,m,nlty .setting or in n neighborhood with large mull>ers of Iow income minority elderly, maJcing one4o-one contact, identifying their service need, nmi caere,raging their use of avail'able resources. Ch~tre~ch activities cunri0t be counted for individtutl$ ~Jready receiving any Older Americans Act ~ervJces. Un. it of Service - one epLsode (One individual contact between a service provider ~ an elderly person; contact must be agent7 a. od conduc[exl on a one-on.one basis.) PUBLIC I:D UCATIOH I:h.~blic .Education is deFmod as s~Lqg to groups or dlstrlbutLng material/about services ~ opportunities :vail:hie wifltin COllllllllrlJlj~l ~o individuals at public g~therings. ]t i.s ~n access service ~ differs from bffonnation ~ Ot~tre~ch in that Public Education is provided to groups and/or Lq ~roup settLqgs. Unit of Service. Episode (one ~rson L"d'orrnod.) REFERRAL Re£errai is defined as ~n az~ivj,'y ,.,.'herela information is obtained about a person'~ needs and the person is directed ~o ~ r~tticubu, m~urce; con,act wi~ the resource is made for [.he person as needed; foUow-up is a mandatory l~rt of Referral ~ is conducted with the referred person and/or the resource person to determine the outcome of the referral. Follow.4~p must be made within ten ~lendar days of the Referral. Agencies m~.i.ng referrals will ne.~l to obtain int.,dee information from the client to be rased as part of[be referral process. Un.it of,Service, episode (one contact with a client or one contact on behalf of a client is one unit of Referral. The unit of Referral is counted when lhe foHow-np is co~nplet.ed.) SCREENING AND A, SSESS~(E,hrr Scree~n. ing/A.sse~sn~nz in OA.A. Title IZI B is del'mod ~s administering srazxlard exRlll.blation.% screening instruments, procedure~ or tests for the Purpose of gat~enng i.n/orma~ion about an applicant for services or a current client to d~emtine need and/or eligibility for services. Unit of Service - one hour with or on behalf of' applicant/cLient TRANSPORTATION Transpor~ion is def't~od a.s travel to or from service providers or corru'nunity resources. U~t of Service. one client one-way trip. (The single en~nmce, travel to a destination, and exit nra client from ~ transport.~ion vehicle is counted as one un..[t. 31 0 0 EXECUTIVE SUMMARY ~ECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION AUTItORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE LIMITED USE LICENSE AGREEMENTS, FOR THE CURRENT CHAIRMAN'S TENURE ON LY. OBJECTIVE.: Recommendation that the Board of County Commissioners (Board) approve a Resolution authorizing the execution of Limited Use License Agreements, by the Chairman of the Board, for the current Chairman's tenure only. CONSIDERATION: On April 16, 1991, January 14, 1992, January 12, 1993, January 4, 1994 and January 10, 1995, the Board approved Resolution No. 91-307, Resolution No. 92-12, Resolution 93-9, Resolution 94-6, Resolution 95-34 and Resolution 96-12, respectively, authorizing the Chairman of the Board. for the Chairman's tenure only, to execute specific Limited Use License Agreements (Agreements) for events held on County-owned property. The Agreements requested on a regular basis for these special events are listed below. These Agreements shall be the 0nly Agreements submitted to the Board's Chairman for execution by way of memorandum. The properties utilized for these special events include, but are not limited to, the old Marco Island Library parking lot, the vacant property located west ofthe Golden Gate Community Center, referred to as Tract 1 !.5 the Government Center. All other Agreements shall be presented to the Board for approval via ~n Executive Summary. Golden Gate Area Chamber of Commerce, Inc. - Golden Gate Festival and Annual Arts and Crafts Show Tract 115 - Golden Gate Rotary Club - Christmas Tree Sales Tract 115 - The Art League of Marco Island. Inc. - Art and Craft Shows Old Marco Island Library - Supervisor of Elections of Collier County, Florida - Voter Access - Golden Gate Fraternal Order of Eagles - Annual Taste of Golden Gate Tract 115 - Amateur Radio Association of Southwest Florida - Field Day Tract 115 or Government Center Manatee Festival - East Naples Civic Association Government Center JAN I,Ii 1997 Annual Fun Skate - David Lawrence Mental Health Center, Inc. Government Center Cool Cruisers of Naples, Inc. - Scholarship Fund Raiser Tract 115 An Agreement represents a license for short term use, six (6) months or less, of'County-owned property for a specific purpose. An Agreement does not convey an estate in said property or create any leasehold interest whatsoever. The Real Property Management Department prepares an average of thirteen (13) such Agreements per year. From the time a request for an Agreement is submitted to the Real Property Management Department until presentation to the Board of County Commissioners, the minimum time lapsed is approximately four (4) weeks. Due to the time lapse to process an Agreement, the Real Property Management Department is requesting that the Board authorize its Chairman to execute, during the Chairman's tenure only, the above-mentioned Agreements as they are prepared by the Real Property Management Department. The County Attorney's Office will review any proposed Agreements to determine if' its use is appropriate, prior to submitting to the Chairman for execution. The Agreement shall be reviewed and approved by the Client Department. the Risk Management Department and the County Attorney's Office. FISCAL IMPACT: If the Agreement stipulates that the County is to receive monetary consideration for un of the County's property, said money shall be deposited into the appropriate account GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing the execution of' Limited Use License Agreements for special events on County-owned property by the Chairman of the Board, for the current Chairman's tenure only. Michael H. Dowling, Real ~.~rty S e~list Leo E. Ochs, Jr., Admini.~ratdr, Support Services JAN lk1997 RESOLUTION NO 91'- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COU?~TY. FLORIDA. AUTHORIZING THE EXECUTION OF LIMITED USE LICENSE AGREEME,~VI'S BY TIlE CHAIRMAN OF TIlE BOARD FOR THE CURRENT CHAIRMAN'S TENURE ONLY ? 6 9 lO 11 WF[EREAS, there is a benefit to the County and to the public if the administrative 12 procedures conccrnln8 Limited Use License Agreements are expedited, while maintaining the 13 safeguards of staffand legal counsel review of such Agreements. and ~.4 1.5 WHEREAS. the Board of'County Commissioners recognizes the benefit of reducing time 16 Board approval on reviewed and approved Limited Use License Agreements. 17 le NOW. THEREFORE BE IT RESOLVFD BY TH~ BOARO OF COL.'%'TY 19 CO.'vLMISSIONERS, COLLIER COUNTY, FLORIDA that 20 21 I. The Board of'County Commissioners does hereby authorize the Chairma~ of the Board of 22 County Commissioners to execute Limited Use Agreements, for those special events listed below. 23 follov,6ng approval by the Real Property Management Department. the Clieet,Departme'~t, t.~e R~ 24 Managcrncnt Department and lhe County Attorney's O~ce 26 . Golden Gate Area Chamber of Commerce, lac (Golden Gate Festival and Annual Ar~ 2'7 28 - Golden Gate Rotary Club (Christmas Tree Sales & Bass Tournament) :30 - The An League of Marco hland, Inc. (Ar~ and Craft Shows) 31 32 - Supep,'isor of'Elections or'Collier County, Florida (Voter Access) 33 2 ¢ . Golden Gate Fraternal Order of Eagles (Annual Taste of'Golden Gate) 36 . Amateur Radio Association of Southwest Flo6da (Field Day Activities) 3'7 38 - East Naples Civic Association (Manatee Festival) - David Lawrence Mental Health Center. lac (Annual Fun Skate) - Cool Cruisers of'Naples, Inc. (Scholarship Fund Raiser) 2. The authorization of the Chairm~n to execute Limited Use Liter. se Agreements hereunder shall extend only for the tenure of'the current Chairman. 39 4o 41 42 44 45 4'/ 48 49 50 51 52 54 55 56 5'7 58 59 6o 61 62 63 This Resolution adopted this . second and majority vote. ATTEST DWIGHT E BROCK. Clerk , Deputy Clerk . day of , 1997. after motion, BOARD OF COL,~TY CO~flSSIONERS COLLIER COL.~TY. FLORIDA BY: · Chairman Approved as to ~'orm and legal su~ciency: l-~eidi F..~sh~on ' Assistant County Attorney JAN lq 1997 ,,D . .... RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED THREE (3) RESOLUTIONS AUTHORIZING THE BOARD OF COUNTY COMMISSIONER'S CHAIRMAN TO EXECUTE THE APPROPRIATE DOCUMENTATION REQUIRED TO EXPEDITE THE COUNTY'S LAND RIGHTS ACQUISITION PROGRAM FOR THE CURRENT CHAIRMAN'S TENURE ONLY. OBJECTIVE: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights acquisition program for the current Chairman's tenure only. CONSIDERATION: On June 16, 1992 [BCC Agenda Item Number 8(E) (1)], the Board of County Commissioners adopted Resolutions No. 92-342, No. 92-343 and No. 92-244. This act approved the processes and the typical schedules for the land rights acquisition phase of Capital Improvement Projects. Each year thereafter, the Board of County Commissioners approved certain recommended procedures which were intended to streamline the land rights acquisition process by the then current Chairman (e.g. by the adoption of Resolution No. 93-25, No. 93-26 and No. 93-27 on January 26, 1993, [BCC Agenda Item Number 16(E) (2)]; by the adoption of Resolution No. 94-3, No. 94-4 and No. 94-5 on January 4, 1994, [BCC Agenda Item Number 16(E) 4]; and by the adoption of Resolution No. 95-25, No. 95-26 and No. 95-27 on January 3, 1995 [BCC Agenda Item Number 16(E)l]; and by the adoption of Resolution No. 96-9, No. 96-10 and No. 96-11 on January 9, 1996, [BCC Agenda Item Number 16(D)5]. The County Attorney's Office has reviewed and approved the three (3) attached Resolutions and said Resolutions must be approved at the start of each year by the Board of County Commissioners to authorize its new Chairman to execute the appropriate documentation necessary to complete a property acquisition. Adoption of the three (3) attached Resolutions will authorize Staff to proceed with certain activities required to expedite property acquisition, and waive certain procedural requirements. These are the same standard policies and procedures which were previously adopted by the Board of County Commissioners in 1992, 1993,~ 1995 and in 1996 to save time and money and to improve the quality of the County's land acquisition programs. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights acquisition program for the current Chairman's tenure only. Prepared by: Y~;~ Reviewed by: Reviewed by: Wilma Iverson, Senior Real Property Specialist Man Date: \~ -~ agement Director · Ochs, Jr~Su~ort Date: Approved by: Date: W. Nell Dorrill, County Manager JAN lgg7 I RE$OLb'TION NO. 97. A RESOLUTION OF THE BOARD OF COC,'NTY COMM1SSIO.~ER$ OF COLLIER COU~'TY, FLORIDA DECLAR~G THAT A FEE SIMPLE I,%'TEREST IN REAL PROPERTY IS THE PREFERRED i~'TEREST SOUGHT FOR THE ACQL'ISITIO.~ OF RIGHT-OF.WAY FOR TRA,~4SPORTATION CAPITAL IMPROVEME,%'T PROJECTS, A.%'D SETTI'~G FORTH THE RATIONALE THEREFORE. v,"HEREAS, the cons'u'uction o f tr-~ns'~r'~fion improvern~ts, as identified in the T,"a~s'~r~ation Eh:men! of the Comprehensive Plan for Collier County, shall in many mstanc~ r~u~r~ the ~..~uisitmn of a r~g,ht..o~'-way by either girl, purch~e or condemnation; and '~,'~ EP~EAS, thc right-ol*.way for tr~fl~r~ation improvements may b~ purchased or condemned c~ther as an c~scrnent over, under, upon and across the land; or the tee simple interest ~r, thc la~d ~tscl£rnay bc purchased or condemned; and ~,'HERE^S, full compensation, as required by the Constitutzon o£the State ot'Flonda, for thc e~scmcnt rdghrs purchased or condemned t'or tr~nsportazzon improvemcm$ is lantamount to thc fi~l[ compensation required l'or the purchase or condemnation ot'the Ice simple estate tn propcr~¥ (between 90% and I00% of the I'a~r market value of the lands so appropriated, d~cnding upon thc property's zoning and the appraiser's judgment); and ~rr/ER,EAS, thc purchase or condemnation o t'the full t'ee s~mple estate in lands requsred l'or near tcrrn rr*a~sponation improvements provides the Cou:ff with a dog,ce ol*control over thc right-of, way which is superior to the control afforded by an easement only, and which, m many instances, may produce cost savings on future public works improvement projects by gaming the maximum flexibility over thc uses permitted in the nght.ot'.way so acquired. NOW THEREFORE BE IT RESOLVED BY '[hE BOARD OF COU~'TY COMMISSIONERSOF COLLIER COL,')fTY', FLORIDA that in consideration of long range planning and present day costs for transportation improvement projects, and in the interest of exercising ~he maximum degree o£control over ~h¢ public road right-of, way which may allow the Count, to realize ~bst,~nti~] sav~ngs by locating futur~ public works projects within the acquired area, Count), staff is hereby directed to purchase or condcmn a transpo~lation road r~gh~-of-way in fee simple as ~h¢ prcf'erred method of'exercising maximum control over the right-ot'-way in order to construct any anticipated capital improvement projecL$. Pave I JAN 1 1997 ~ AND IT IS FURTHER RESOLVED that in those instances in which the purchase oFa 2 full fee simple estate cannot be negotiated by County staff, and the costs associated with a 3 condemnation of the full fee simple estate may outweigh the future benefits contemplated by full ,~ County ownership of the right-of, way, and when the owner at' the property is willing to convey a ~ perpetual, "exclusive", road fight-of-way easement over, under, upon and across the property in e compliance with the requirements of the transportation improvemenls, along with the riehl to 7 cons,'uct and install subordinate utility and dr. Hnage improvements, together with access an4 I Icrnporary construction easements, County stafris directed to negotiate a reasonable settlement 9 for the purchase 01' said 'exclusive' euement, subject to Board approval, in lieu ot'proceedmg I0 with an action in eminent domain against the subject property. ti A,','D IT IS Fb'RTHER RESOLVED that in those :nstances in which the purchase ora 12 perpetual. "exclusive", road right-of-way casement over, under, upon ot across thc property 13 cannot be negotiated by County staff, and the costs associated with a condemnation of the I,~ perpetual, non-exclusive road right-of-way easement may outweigh the future benefits Is contemplated by thc County's interest of the right-of, way, and when the owner ot'the property is 16 willing to con','ey a perpetual, "non-exclusive", road right.of, way easement over, under, upon i? and across the property in compliance with the requirements of the transportation improvements. is along with the nght to construct and install subordinate utility and drainage improvements. ~9 together with access and tempontry construction easements, County staffis directed to n-'.go:~ate 20 a reasonable settlement t'or the purchase of said "non-exclusive" easen.ent, subject to Board 21 approval, in lieu of proceeding with an action in eminent domain against the subject propc.'~y. 22 AND IT IS I:'L;RTHER RESOLVED that, notwithstanding the t'umre benefits to be ~3 derived by the County a~ising ~tom a fee simple acquisition of the public right.or, way, there 2,~ exists those circumstances where the severance damages to remaining lands, as a result o~'the 2s t~ing of the fcc simple estate for the transportation project, is of such an extent as to warrant the 2~ purchase or condcmnation of a lesser estate easement interest in order to mitigate ot eliminate 27 such damages; and in such instances County staff is hereby directed to undertake such analyses 28 of future benefits vs. cun'cnt costs as are relevant to the determination as to the specific interest 29 in real property thc County should acquire for the instant project, and County staffmay make Page .lAN 1 4 lgg7 ! 6 7 9 lo I! 12 14 !6 I? 19 2O 21 22 24 2~ SUCh purchase oIFcts, or prepare such pleadings in emincn! dom;~,n, as m;~y b~ necessary to mitigate or eliminate severance damages, and reduce Ia!al prOject cosl. THIS R~SOLUTION ADOPTED this day of, ,1997, aRer motion, second and majority vote. ATTEST: DWIGHT £. BROCK, CL£RX , Deputy Clerk By: BOARD OF COUNTY COMMISSION£RS OF COLLIER COLrNTT', FLOR.IDA . Chairman Approved for form and {eg~,l su~cieney Hcidi F. AsMon Assistant County Attorney Page 3 I 2 4 ? 9 ~2 16 1! 19 ,22 23 2~ 2~ ,29 P,~SOLUTION NO. 97- A P,~SOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COb,'NTY, FLORfDA, RELATING TO TI-{E ACQUISITION OF PROPERTIES, DELEGATFNG AI. JTT{ORITY TO THE CHAIR.MAN OF THE BOARD OF COL .'%'TY CO,V~flSSIONERS TO EXECUTE CERTAIN DOCU.%fEN~I'S INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE BOARD. AUTHORIZING STAFF TO PROCEED W~TH CERTAIN ACTIVITIES REQLrlRED TO EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING CERTAIN PROCED~,3~AL REQUIKEMEN~I'S IN ACCORDANCE WITH THE CAPITAL IMPROVEMEN'I' ELEMENT OF THE COUNTY'S GROWTH MANAGEMEN'I' PLAN. WHER£AS, thc expeditious acqutsition o£pmpcrty Js of paramount impoflance to thc timely completion Gl' many capital improvement projects, and attaining int'rastructure goals m · ccorda.nce with the Capital Improvement Element Gl'the County's Growth Management Plan; V,'I-{EREAS, accomplishing the pmpcny acquisition and construction on or ~head schedule shall require · properly coordinated team efrofl among thc individual departments and agencies charged with overall responsibility for the projects, the Office of.Capital projects blanagcment, the Real Property M~nngement Department, the Office of the Counly Aflomey, and thc Bo·rd Gl'County Cemmtssionen, wherein ¢~a~n routine procesles require slreamhmnl and abbreviation wherever possible. SOW, THER~FOILE, BE IT R~SOLVED BY' THE BOARD OF COUNTY CO,"4~4iSSIONERS OF COLLIER COb'%q'Y, FLORIDA, that the Board of County Conunissioners of Collier County, Florida, recognizes the importance of completing the various capital improvement projects ·t the earliest possible time; ~nd ~urther, the Board recognizes the relationship of thc project schedule to meeting the concurrency requirements Gl'Collier County's Comprehensive Plan. AND IT IS FURTHER P-.ESOLVED that the Board o~' County Commissioners of Collier County, Florida, recognizes the importance o~'thc land rights acquisition function and its relationship to the overall project schedule; and the Board dca,rcs lo facihtalc and cxpcd,e thc land fights acquisition process to thc extent thal it is empowered to do so by law. A,NrD IT IS FURTHER R~SOLVED that the t'ollowmg measures are reasonably ncccssazy for the cfF, cicnt and expeditious managctncnt and completion or'capital proJects 1. Thc Board et'County Commissioners. in accordance w,h thc provisions et'Chapter 125.3~$. Florida Sutures, hcrtby formally waives the requirement e'er a formal, independent apprmsal re-port for thc purchase o~' a property where thc purchisc price of the parcel {the compensation due to thc property owner) is less than One l-lundred Thousand and 0O/100 Dollars ($100.000.00). [n lieu of the independent appraisal report, staff, is hereby authorized to make purchuc offcrs for the properties, the dollar amounts of which shall be predicated on "stal'f compensation estimates", i.e., hued upon independent appraisals (aid the data theref';om) obtained on sim~la; properties and upon consideration and apphcat~on el'appropriate maricct value and cost data per'linear to the subject parcels. 2. Thc Chairman of the 13oard of County Commissioners is h.,r-¢bv authorized to execute Appraisal Agrccmc~u on behalf et'the 13oa~ w~th appraisal finn(s) from the pre-qualified short-list which, bascct upon the analysis and recommendation of staff., is (arc) besl able to serve thc needs of thc project in a timely and cost-cffcctivc mi:u~cr. 3. Upon thc approval by the County Attomc),'s OtTicc of all documents necessar,/tot thc subject property acquisition, Real Property Management Department staff'is hereby encouraged lo offer immediate delivery to thc respective property owners of the ~'ull compensation (as cstabhshed by thc appraisal or staffcompcnsation estimates in accordance with the provisions et' Chapter 22125.3S$. Florida Statutes). in return for the immediate and proper execution of the respective 2sca. scmcnts and/or dcc~, and such other legal documents and/or all, davits as the County 2~Attorney's et'rice deems appropriate in order tO protect the interests of the County; and the Boa:d eL' County Commissioners hereby authorize~ its Chairman and aiy subsequmt Chairman. t'ot thc 26 lit'c of the project, to execute any aid all ag~'c~'ncnts and other legal ins~'umcnts per, mcat to such property acquisition which have been reviewed and approved by the County Attorney's Ot'l~cc. 2s 4. In those instances where negotiated acetic-neats ma), be obtained viz the "Seller's At'fidavit". 29 "]~LLtchasc Agreement" or "Euc'mcnt AD'cement" mechanism, the Public Works Administrator. 30 or his designee, is hereby delegated the authority to approve the purchase el'land interests abo~ e t thc staFf compensation estimate or appraised value and pay normally related costs when it is sn 2 the best interest of the project, within the pro-rain shau'e o~'the land rights acquisition budget for ) {he parcel being acquired, only when the di fference between thc purchase price and the staff 4 compensation estimate or appraised value is less ~han Fifteen Thousand and 00/]00 Dollm s ($ I S,000.O0) or the current purchasing limits established by the Collier County Purchasing 6 Dt'partment; provided, Project funding is available. This settl~"nent approval authority is ? delegated by the Board o~'County Commissioners to the extent that such approvals do not s conflict with the provisions o~'Section 12~.3.~$, Florida S=tmes. 9 .~. The Chairman of the Board of'County Commissioners is hereby authorized to execute lo Purchase Agreements and Easement Agreements where the land owner has agreed I0 sell the l I required land rights to thc County at their appraised value or at that amount conssdered the I i 'Administrative Settlement Amount" as such term is intem,tlly used by the administrative t:~ agencies of Collier County. ~4 6. W'here the property owner agrees, by sworn affidavst or agreement ("Seller's Affidavit". ~ s "Purchase Agreement" or "F..asement Agreement"), to convey a necessary interest in real property Is to the County, and upon the proper execution by the property owner of those easements ancLor I? deeds, and such other legal documents as the Office ol'the County Attorney may hasc requir:d. IS the Board hereby authorizes the County ^ttoroey, or his designee, the authority to execute · 19 closing statement on behalf of the Board, thc Finance Department to issue warrants payable to 2o the property owner(s) oir record in those amounts as shall be specified on a closing statement and 21 which shall be based upon the appr~iszl or s~affcompensatio,-, estima:-, in accordance with the 22 provisions of Chapter 12.~.3~$, Florida Slatutcs. 2~. 7. All title to properties which have been obtained in the manner described above shall be 24 deemed "accepted" by the Board of County Commissioners, as the goveroins body of Colher is County. Florida, a political subdivision of the State of Florida, and as such, staff is hereby 26 authorized to record it in the public records o['Collier County, Florida, said deeds and such other l? instruments as may be required to remove the lien olr any encumbrance from t~e acquired 21 property. 30 Page 3 JAN ! 1997 9 II 14 16 17 19 THIS RESOLUTION ADOPTED this majodty vote. ATTEST: DWIGHT E. BROCK, CLEP, X . Deputy Cla~c Approved as to form and legaJ su~cicncy: Heidi F. Ashton Assislaflt County A.omey day of By:. · tOO? al]ct molmn, sccund and BOARD OF COU'NTY COMMISSIONERS OF COLLIER COb,'%rl'Y, FLOR. IDA · Chairman Page 4 JArl IA 1 97l I 2 4 1o 1,2 14 16 18, .22 2~ 24. RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. PROVIDiNG FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO CCLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH AJ~E HEKEA~-rER MADE IN COMPLIANCE WITH THE DEVELOPMENT CO,~-MITME,~r REQLrIREMENTS OF ANY A~ ALL ORDINANCES AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROSPECTS. WHEREAS, the Board of County Commiuioners is the governing body of Collier County, a political subdivision ol'the State of Florida, ~d in addition is ex..o~cio the Go'~.'tning Board of thc Collicr County Walcr-Sewcr District (h~reinafler colleclivcly referred to as "Colher County"L and WHEREAS, various interesu in real property must be conveyed to Collier County for pubhc use as a requirtrncnt o~'c~-r~ain d~elopm~nt commitments stipulated by Collier County ordinances, in fulfillrn~! of obligations which may now or in the ~uture be contained in agreements bo'ween Colhet Cowry and any legal entity, and as an integral p~rt of capital improvement projects; and W'HEREAS, the formal acceptance by Collier County of such required conveyances is zrnponant in that infr~tructurc maintenance responsibilities are thereby established, and the public right to utilize fights-of-way becomes documente.~i t~'ough such acceptance; and WHEREAS, the ~-owth of the County necessitates an increasing number of such convey~ces )'car aR~r year, and ~'HEREAS, the number or'conveyances hu caused County staffto bring an increasing number or separate "acceptances" before the Board or'County Commissioners via Executive Summar~ and Resolution; and WHEREAS. it is desirable amd in the be~ intere~ of Collier County to reduce the s~afftime and paperwork which is gcn~'ated by the formalized accepm'~ce process. NOW, TI-[EREFORE, BE IT RESOLVED that all interesu in real property which may be conveyed either to Collier County, a political subdivision of the State or Flonda, et to the Board of County Commissioners as the governing body or' Collier County, Florida, and as ex-officio the Governing Board o£ the Collier County Water. S~wer Di~rict, and which are conveyed to either entity a.s a dcvclopment commitment requirement pursuant to any County ordinance, or in fulfillment of any obllgation which may now or in thc future be contained in a~y ago'cement betw:~ Collier Counl~' and I _] any oth~' legal entity, or which are required as an indispensable funclmn during Ibc compl¢lion ora capital projecl which h~s be~ approved by lhe Bo~d of Counly Comm~ssion~, are hereby ~c~ AND IT IS F~ER gESOLVED Ih;I in order Io d~umcm Ihe ~cc~lance of any such conv~ance of ~ im~rcsl in real pmpe~y IO Collie Coumy, lhe CIcA Io ~he Board is h~by ~u~ofi~ Io ~x ~o ~y ~uch convcy~ce ins~mm~l, prior lo recordin~ in ~e Public R~ords of Colli~ Co~, FIo~d~ ~ st~p or s~l a~ing Io ac¢~ on bc~IfofColli~ Coumy. ~e R~I Prop~ ~z~cment Di~lor, or h~ desi~, sh~ll pm~de wnu~ nol~fic~li~ 1o Ihe Cl~k of C~ ~h~l ~hc convcy~ce wu r~uir~ by the Bo~d ofCoun~ Commiss~ in fulfillm~ obhg~lion on behalf o~lhe conve~ng ~li~y or Io complcle prOjecl ~ a~mved. ~ IT IS ~ER ~OLVED A~ ~e pres~l ~ai~ of~e Bo~d of Coumy Commissionc~, or any subscqucnl Ch~i~, is h~eby ~uthonzed ~o ex~ulc ~!1 d~um~l~ ~m~ Io lh¢ acceptance o~ ~ny such conveyance or Ibc cle~ng of Ibc hen of ~ny ~cumb~nce from any such convcy~ce. A~ IT IS F~THER ~SOLVED Ih~l Ili~Jl ~uthofizcd procedures ~d record all such documents in ~he Public R~ords of Collier Count, Florida. THIS ~SOL~ION ~O~D on ~is. day of. , I ~d m~joficy vo~e. A~T: D%~GHT E. BROCk, CgE~ , D~u~y Cl,.~ Approval as to form ~d legal sufficiency Heidi F. Ash~on Assista.n! County Attorney BOARD OF COUNTY CO.M~ISSIONERS OF COLLIER COLrN'IW, FLOR]DA By:, , Chairman P&ge 2 JAN 1 lgg7 .__'..// EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND ACCEPT THE ATTACHED RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO EXECUTE DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMENT FOR THE PURCHASE OF BURIAL LOTS AT LAKE TRAFFORD MEMORIAL G.~JLDENS CEMETERY, FOR THE CURRENT CHAIRMAN'S TENURE ONLY. OBi: Recommendation that the Board of County Commissioners approve and accept the attached Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. CONSIDERATION: On December 15, 1964, Collier County acquired a twenty (20) acre vacant parcel of land located in Immokalee for use as a cemetery, more commonly known a~ Lake Trafford Memorial Gardens. The Board adopted a policy on July 27, 1982, governing the rights of interment, administration, maintenance and development of the cemetery including the disposition of indigent deceased. On September 22, 1987, the Board adopted a revised Policy for the operation of the cemetery. On May 1, 1990, the Board adopted a Resolution clearly defining the rules and regulations which govern the administration and development of the cemetery. The Real Property Management Department is responsible for preparing Deeds and Agreements for Deed to Right of Interment when there is a request to purchase burial lots at the Lake Trafford Memorial Gardens Cemetery. More specifically, a Deed is prepared for the immediate use of burial lots and an Agreement for Deed to Right of Interment is prepared for the future use of burials lots. The appropriate documents are then reviewed by the County Anomey's Office prior to the Chairman's execution and recordation in the Public Records. The payments for ~id lots are forwarded to the Finance Department for deposit into the Lake Trafford Memorial Gardens Cemetery account. In the past, the Deeds and/or Agreements for Deed to Right of Interment have been presented to the Board on a monthly basis for Board approval under the Consent Agenda. However, in order to expedite the acquisition process and to relieve the Commissionea'~ ofreviewing format documents, it is recommended that the Chairman execute those Deeds and/or Agreements for Deed to Right of Interment as they are prepared and transmitted by memorandum. ,,.- In 1992, Resolution No. 92-97 was approved by the Board of County Commissioners requesting approval by the Board allowing the then present Chairman ofthe Board to execute the Deeds and Agreements for Deed to Right of Interment during the current Chairman's tenure. Resolutions were approved in 1993, Resolution 93-49; in 1994, Resolution No. 94-2; in 1995, Resolution No. 95-33; and in 1996, Resolution No. 96-7 also for this purpose. FISCAL IMPACT: All proceeds from the lot sales are deposited in the Lake Trafford Memorial Gardens account 001-122370-364100. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation that the Board of County Comrrfission~rs approve and accept the attached Resolution authorizing the Chairman to execute the Deeds and the Agreements for Deed to Right of Interrnent for Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. Ton'[ A. Mort, Real Property Specialist REVIEWED BY: ~~~ ,,.__ Sandra I.'Taylor, Real Property an~ment Director Leo l~. Ochs, ,Ir., Suppor{ Services Administrator DATE: I~- '.~ I'C"ff~ DATE: I JAN ISS? ! 2 4 6 $ 9 12 16 I? 19 2O 23 25 26 28 29 30 RESOLUTION RESOLUTION AUTIIORIZING TIlE EXECUTION OF DEEDS AND AGR£EMENTS BY THE BOARD OF COUNTY CO,",I?,IISSIO.~ERS. COLLIER COUNTY, FLORIDA, FOR TIlE LAKE TRAFFORD MEMORIAL GARDENS CEM£TERY. TO DE EFFECTIVE DURING TII,E CURRENT CTIAIR,¥IAN'S TrNURK ONLY. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December I .~. 1964 From $C Turner Lumber Company and recorded in the Public Records of Collier County in O R Book ~80. Page 773 on December 21. 1~)64. for use as a puhl,c cemetery known as the Lake Trafrord Memorial Gardens Cemetery, and WHEREAS, the Board oFCounty Commissioners adopted Resolution .~o $:-I0.~ on July 27. 1982, which governs the rights ot'interTnent, administration, maintenance and development of'the Lake TrafTord ~lemorial Gardens Cemetery. said policy in¢lud~n~ the disposition os'indigent deceased, and V~'~'i'EREAS. the Board of County Commissioners adopted Resolution 87-::.~ on September 22, 1937, which revises Resolution ,~o 82.105 regarding the operation o£the cemetery; and 9,q'{EREAS. the Board Gl'County Commissioners adopted Resolution .~o el.,.: ia on April 17, 19c)0, ~hich reset'es a section in the Veterans Section ~'or the purpose of pro~ ~dlng a memorial, and Vv"'r~REAS, the Board adopted Resolution No 90-242 on May I. 1990. v. hich revises the rules and regulations which govern the administratton and development oS'the cemetery, and V,'I-~REAS. there is a benefit to the County and to the public il'lhe administrative procedures concerning Deeds and Agreements for Deed to Right of Interment I'or the Lake Tra~/'ord ~,~emorial Gardens Cemetery are expedited, v. hile mamtalninB Ihe sa~'eguards ~F staff and legal counsel review of such documents, and JAN 1997 Pg. ~ I 2 .I 7 8 9 I! I? 20 21 22 24 26 27 29 9/HEREAS, the Board orCoumy Commissioners recogn;zes the benefit ofredt,ong time for Board approval on reviewed and approved Deeds and Agreements for Deed to Ri,~ht of' Interment NOW, TEER~:FORE. BE IT RESOLVED BY TH~ BOARD OF COL,,~T¥ CO~4~SSrON'~RS, COLLIER COUNTy, FLOR/DA that I. The Board o£County Commissioners does hereby authorize the Chairman of the Board o/'County Commissioners to execute Deeds and Agreements for Deed to Right of Intermenl/'or the Lake Tra Nord Memorial Gardens Cemetery. pursuant to Resolution No. 90.242 dated ,'~ay I, 1990. and the County's administration o/'tha! Resolution. whereupon the Deeds and Agreements £or Deed to Right o/.[nterment have been pre','iously rev~e~ed and approved by the Real Property Sfanagement Depanmen! and the County Attorney's O~ce. 2 The authorfzation orthe Chairman to execute the Deeds and Agreements Deed to Right o£ Intermen! for the Lake Trafrord Memorial Garden~ Cemetery hereunder shall extend solely/.or the tenure o/'the current Chairman This Resolution adopted this -------. day second and majority vote ATTEST DV,~GHT E BROCK, Clerk BY . Deputy Clerk __. 1997, aRer motion. BOARD OF COL.~'Ty CO-~L%IISSION'ERS COLLIER COL,,~Ty, FLORIDA BY. · ('ha:rman Approved as to form and lega.~ su~ciency. Heidi FAshton Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED RESOLUTION AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR PROPERTIES INC. (AGREEMENT DATED NOVEMBER I5, 1983), BY THE CHAIRMAN OF THE BOARD, FOR THE CURRENT CHAIRMAN'S TENURE ONLY. D_I~kC.,~: Recommendation that the Board of County Commissioners approve the attached Resolution authorizing the execution &Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties Inc. (Agreement dated November 15, 1983), by the Chairman ofthe Board, for the current Chairman's tenure only. CONSIDERATION: On November 15, 1983 Avatar Properties Inc., f/k/a G.A.C. Properties Inc., and Collier County entered into an Agreement to convey 1,061.5 acres of property in Golden Gate Estates to Collier County. Said Agreement was recorded in O.R. Book 1051, Page 492. Since the acceptance of the aforementioned Agreement by the Board of County Commissioners, the Real Property Management Department has conducted land sales transactions under said ~greement. Prior to the actual closing for each property sold, the Real Estate Sales Purchase Agreement and Statutory Deed is reviewed by the County Attorney's Office, the Finance Department, and then executed by the Chairman of the Board of County Commissioners. Each year, since 1989, a Resolution has been presented to the Board of County Commissioners requesting approval by the Board allowing the then present Chairman of thc Board to execute the Real Estates Sales Purchase Agreement and Statutory Deed during the current Chairman's tenure. Previous Resolutions which have been approved by the Board of County Commissioners include Resolution No's. 89-253, 90-23, 91-109, 92-47, 93-48, 94-7, 95-35, 96-8 and 96-309. FISCAL IMPACT: All proceeds from the lot sales are deposited in the G.A.C. Land Sales Trust Fund 605-122390-364220. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution authorizing thc execution of approved Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust by the Chairman of thc Board, for the current Chairman's tenure only. Toni-A: Mort, J~ l;roperty Specialist REVIEWED BY: ~ ~:x¢~ ~, DATE.' Sandlot, Real Property Man~ent Director REVIEWED BY:Leo E. Ochs, Jr., Suppo.r~?rvt~es Administrator DATE: DATE:.~7 JAN 19 7 ? RESOLUTION NO. 97- RESOLUTION AUTHORIZING THE EXECbTIO.~ OF TIlE R~'.AL ESTATE SALES AGREEME,~rs AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMA.~ OF THE BOARD OF CO~ COMMISSIO,%T. RS, COLLIER COL~,TY, FLORIDA, TO BE EFFECTIVE DUR~G TI-gE CL'RRENT CHAIR,MAJ'~rS TENURE ONLY. WHEREAS, Collier County, Florida entered into ~n aFeemenl with Avatar Properties on Novemb~ ] ~, 19~3 lo acc~t ~ Tm~ I,~1.~ ~ ofre~l p~ in Golden Ga~e E~ate~ for the pu~ose o~ tile to the public; ~d ~%~AS, Co[IJ~ Count, ~o~da acc~tcd the ~reag¢ in phu~: ~ase I on 15, 1983, Ph~e I1 ~d III on Feb~ 16, 1988 and Ph~e IV ~d V on June 13. 19g9; such conveyances have be~ r~ord~ in the Public R~o~s of Colli. County. Florida; ~d WHEREAS. on April 5. 1988. the Bo~ of County Commission~ approved the m~k~,n~ pr~edures for the sale of the ~lden Gate Estates prepay conv~ by Avatar ~creupon the Real Pmpe~ M~ag~I D~m~t hu be~ actively m~et,n~ the pro~y (Ph~es { t~ough V) for sale to the g~l public; ~d WHE~AS, ~h.e is a benefit to the Coun~ ~d to the public if~he admm~strat~ve pr~ed~es conc~ing ~e Real E~ate Sa{. A~t docum~ts ~d Stamto~ Deeds exp~ited, while maint~ning the smfegu~s of ~aff~d legal counsel r~ of such d~um~ts; ~d WHEREAS, the Bo~d of County Commissionen r~o~izes the b~e~t of reducmg t~me for Bo~d approvals ~d ~e subsequ~t closing p~.s on ~vi~ed ~d a~mved Real Estate Sal~ A~cem~ ~d S~mto~ D~. NOW, ~E~FO~ BE ff ~SOLVED BY ~E BO~ OF CO~ COMMISSIO~RS, COLLIER CO~, ~OR~A, that I. ~e Bo~ of Coun~ Commission~ does h~by authofi~ ~e Chai~ of the Bo~d ofCoun~y Commissione. to ~ule Real Estate Sales A~ts and Statuto~ D~ds ~sulting from the Agreement dated ~ov~ber 15, 1983 ~d the Counts admini~ion of such i 9 I? Agreement. v. hereupon the Real Estate Sales Agreements and Statutory Deeds ha~ e ~:¢n p:e~'~ousl.~ appro%'ed by the Real Property Managern~! Department, the Finance Department and ~.~c County Attorney. 2. The authorization or'the Chairman Io execute Real Estate Sal~ Agreements and Statutory Deeds hereunder shall exlend ~olely for the tenure or'the curren! Chairman. This Resolution adopted this ·nd majority vote. ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk dayof ,1997, alter motion. ~econd BOARD OF COUN'TY COMMISSIONERS COLLIER COL,,'NTY, FLORIDA BY: Chairman Approved as to form and legal su~ciency: Heidi F. Ashton Assistant County Attorney RECOMMENDATION FOR APPROVAL OF AGREEMENT AND ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF SAID AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING CERTAIN EMERGENCY MANAGEMENT RELATED ACTIVITIES ~ That the Board of County Commissioners approve Agreement #97EM-TT-09-21-10-011 between the State of Florida Department of Community Affairs and Collier County providing for state and local assistance funding for Fiscal Year 1997, and adopt a Resolution indicating Board approval of the Agreement, authorizing the Chairman to accept and execute the Agreement with all understandings and assurances contained therein, and to act in connection with the Agreement. That the Board of County Commissioners approve the attached Budget Amendment reducing funds available to the Emergency Management Department for disaster preparedness related activities. CONSIDERATIONS: Each year the Board of County Commissioners participates with the Department of Community Affairs in state and local assistance agreements. The amount of State funding available for FY 97 is $37,801, which is to be matched by Collier County. The amount of $40,000 was initially included as revenue in the Emergency Management Department budget. FISCAL IMPACT~ Decrease in Revenues of $2,199.00 in Fund 001, Organization 144210, Revenue Code 331230. GROWTH MANAGEmeNT IMPACT: None RECOMMENDATIONS[ That the Board of County Commissioners approve the Agreement for State and Local Assistance for FY97 with the State Department of Community Affairs, adopt the Resolution authorizing the execution and acceptance of said Agreement, and approval of the necessary Budget Amendment that would decrease the Emergency~nt_D~ment operating budget by $2,199.00. Ken~ F. Pineau, CEM Emergency Management Director Reviewed by:,~~~ ~eff Walker, Director Date: j/~/~? Risk Management Department Reviewed by: Support Ser%fi~es Division AGREE~ #97EM-7T-09-21-10-011 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMI. JlqlTY AFFAIRS COLLIER COUNTY This Agreement entered into by and between the Department of Community Affairs (Grantee) and Collier Coun ty (Subgrantee), shall govern certain emergency management-related activities to be financed by the Grantee. THEREFOR.E, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: TERMS OF AGREEMENT A. This Agreement shall begin on October I, 199(5, and shall continue in full force and effect to, and including, September 30, 1997. B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $37,801 which the Subgrantee will match with $37,801 to initiate the successful completion ofthe activities/projects in the approved five year strategic plan submitted by this Subgrantee and whJch are applicable to the period of performance of this contract. C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total funds received and allocated by the Grantee for this Agreement. D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in the event of non-availability of funds, '.vith such notice as is reasonable under the circumstances. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with Chapter 216, Florida Statutes. Either party may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. E. The Subgrantee, in performing the requirements of this Agreement, shall comply with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. The payment of fxmding provided by this Agreement is contingent upon compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. Non-compliance may result in the withholding of funds and the suspension and termination of this Agreement. ? lgg? I II. REQUIREMENTS AND ASSURANCES A. ~3eneral Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal Regulation.s) Pm 13 ("Common Rule"), 44 CFR Part 302, and Office of Management and Budget (OMB) Circulars A-g?, A-102 and A-128 as they relate to application, acceptanc~ and use of federal funds under this Agreement. Subgrantce also certifies it shall comply with chapter 252, F.S., Rule Chapters 9G-6, 9G-7, 913-I 1, and 9G-19, F.A.C., as a condition of the receipt and acceptance of funds under ti'ds Agreement. 1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. P~suant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the activities/projects to be accomplished this year under this State and Local Assistance (SLA) Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its Strategic Plan to be performed dm'lng the period of this Agreement. Failure to timely complete tasks identified in the Strategic Plan may constitute grounds for withholding funds and suspension and termination of this Agreement. D. Compensation and Financial Reporting Requirements. I. The Subgrantee shall use the funds available fi'om this Agreement to pay for State and Local Assistance personnel, travel and administrative expenditures. OMB Circular A-g7 should be used to provide guidance concerning allowable and unallowable expenditures. The Subgrantee shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the total allocation shown in Paragraph I.B. of this Agreement. Funds will be released on a quarterly basis with the maximum quarterly release not JAN 19S7 i to exceed one-fourth (1/4) of the total Agreement amount or as otherwise approved by the Grantee. 2. Administrative Expenditure Reports must be submitted to the Grantee on a quarterly basis and are due within thirty (30) days after the end ofeach quarter. Progress reports must be submitted to the Grantee on a semiannual basis according to the requirements set forth in the Subgrantee's EMPA base grant for the same fiscal period. A final Administrative Expenditure Report, serving as the close-out report, is due within thirty (30) days after the termination of this Agreement. The Subgrantee shall not receive reimbursement for f'mal expenditures until the f'mal progress report is received, previous payments ate audited and final approval has been made by the Grantee. E. Fiscal and Program Accotmtabilig_,. The Subgrantee must establish fiscal control of subgrant funds and required matching expenditures as required in Federal Emergency Management Agency (FEIMA) regulations and OMB Circulars. The Subgrantee acknowledges that it has full responsibility for fiscal and programmatic accountability for this $ubgrant. In the event the Subgrantee is unable to produce records capable of being audited without reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrante~ shall be disallowed and subject to repayment. The accounting system established and maigtained by the Subgrantee must have internal controls adequate to safeguard the assets ofthe Subgrantee, check the accuracy and reliability of accounting data, promote operating efficiency and ensur~ compliance with described management policies of this Agreement. F. Recording and Documentation of Receipts and Expenditure:.. Accounting procedur~ must provide for an accurate and timely recording ofrece|pt of funds by type ofexpend|tures made from such funds and ofunexpended balances. Accounting procedures must be adequate to ensure that expenditures charged to this subgrant are for allowable purposes and that documentation is readily available to verify that such charges are accurate. Failure to create and maintain said documentation may result in the disallowance and recovery of funds. G. Unexpended Funds. Unexpended funds which ~ reflected on the final Administrative Expenditure Report referred to in Paragraph II.D. above will automatically revert to the Grantee, and the Grantee reserves the right to un/laterally reobligate such funds. H. Obligation of Grant Fund~. Subgrant funds shall not be obligated prior to the effective date, or subsequent to the termination date, of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within thirty O0) days. Such obligations must be related to goods or services provided and utilized within the subgrant period. I. Retention of Records. I. Ali original records pertinent to this Agreement shall Ix: retained by the Subgrantee for three years following the date of termination of this Agreement or of submission of the t'mal JAN f 1997 , Pgo-- /'~ _ close-out report, whichever is later. However, if any litigation, claim or audit is sta. ned before the expiration of the three.year period and extends beyond the three-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. All records, including supporting documentation of all program costs, shall be sufficient to determine corn)fiance with the requirements and objectives of the Scope of Work shown in paragraph II.C. and all other applicable laws and regulations. 3. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its public records at reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p,m., local time, on Monday through Friday. "Agents" shall include, but not be lirrLited to, auditors retained by the Grantee. J. Audit Requirements. The Subgrantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 1. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 3. The Subgrantee shall provide the Grantee with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.$50, Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A- 128 and A-133 for the purposes of auditing and monitoring the fi. rods awarded under this Agreement. 4. The annual financial audit report shall include all management leners and the Subgrantee's response to all findings, including corrective actions to be taken. 5. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement number. 4 6. The complete financial audit report, including all items specified in J'.4. and 5. above, is due on or before April 30, 1998 and shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shurnard Oak Boulevard Tallahassee, Florida 32:399-2100 7. In the event the audit shows that the entire amount ofawarded funds, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee ofall funds not spent in accordance with the.~ applicable regulations and Agreement provisions within thirty (30) days after the Grantee has notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds to reimburse for previous year non-compliance. Il'the Subgrantee fails to provide the reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the Grantee. 8. The Subgrantee shall have all audits completed by an independent public accountant (IPA) who shall be either a certified public accountant or a public accountant licensed under Chapter 473, Florida Statm¢~. The IPA shall state that the audit complied with the applicable provisions noted above. K. Modification of Agreement. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to wziting, duly signed by each of the parties hereto, and attached to the original ofthis Agreement. However, the funding amount and match commitment identified in paragraph I.B., above, may be modified as provided in that paragraph. L. Notice and Contact. 1. All notices provided under or pursuant to this Agreement shall be set forth in writing and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below. Said notification shall be attached to the original of this Agreement. 2. The Representative of the Grantee is the Grantee contract manager for this Agreement, Joseph F. Myers, Director, Division of Emergency Management. 3. The Representative of the Subgrantee responsible for the administration of this Agreement is the County's Authorized Official who executes this Agreement. 4. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in L. I. above. M. Subcontracts. 1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the Subgrantee agrees to include in the subcontract language binding the subcontractor to the terms and conditions of this Agreement with the Grantee. 2. The Subgrantee agrees to include in the subcontract language stating that the subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever nature which may arise out of the subcontractors performance of work under this Agreement, to the extent allowed by law. 3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded to the Gra:,, .e within ten (10) days after execution. III. _MISCELLANEOUS REOUIREMENTS A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. B. Bills for any travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. C. Units of deliverables, including reports, findings, and drain as specified in Paragraph II.C. of this Agreement, must be received and accepted by the contract manager prior to payment. D. The Subgrantee must comply with the criteria and final date by which criteria must be met for completion of this Agreement as specified in Paragraph I.A. of this Agreement. E. The Grantee may unilaterally cancel this agreement for refixsal by the Subgrantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this provision shall constitute a breach of contract. IV. LEGAL AUTHORIZATION The Subgrantee certifies with respect to this Agreement that it possesses legal authority to receive the funds to be provided under this Agreement. The Subgrantee also certifies that the undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this A~'eement. The Subgrantee acknowledges tlm the re~po~ibility for complying with the approved ~ubgr~nt award reat~ with the Subgrantee ~ncl ~cknowledge$ that failure to do so constitutes grounds for the rece.~ion or suspension ofthls ~bgrant and may influence fiJture subgrant aw~ds. IN WITNESS HEREOF', the pn.rtle$ hereto have caused this Agreement to be executed by their tmder~gned o~¢ials ~ duly nathorized. FOR THE COUNTY: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Authorized County Official BY: Authorized Department Official , CHAIRMAN Board of County Commissioners Joseph F. Myers/Division Director Name/Title Name/Title Date 59-6000-558 Federal Employer ID Number Catalog of Federal Domestic Assistance Number and Program CFDAA #83.534 State and Local Assistance (SLA) Date DWIGHT E. BROCK, CLERK BY: (Attesting Signature) Approved as to Form and Legal Sufficiency Thomas C. Palmer, Assistant County Attorney JAN ! 1997 i 6 7 9 I0 II 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 :]4 36 37 39 40 41 42 43 RZBOLI~I'ZOX ~O. 97 RESOLU~ON AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ¢OMMUNITY AFF~RSAND COLUER COUNTY REGARDING CERT~N EMERGENCY MANAGEMENT RELATED ACTTVI~E~ WH£RF.A~, the ~te of ~o~le Deplnment ~ER~, ~e ~e ~7.801.~ to In~. ~l ~ul N~ ~ORE BE COMMmSIONERS OF CO~R CO~, ~ORIDA ~7~21.1~11 ~ the m~ i~ the Ag~emem ~h ~ ~flnWJon ~h ~ Agmeme~. DATED:. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ap~:x~ved LS to form and le13~1 sumcJancy: ~ T~omas C. Palmer A~s~im County Affomey BUDGET AME~NT REQUEST FUND TITLE GENERAL Date pm'pared: B CC Agenda date Lf previously approved. Ired NO. 001 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Expenditure 646180 646410 646420 646610 Expenditure Increase Title Auto/Trk R&M AutoFFrk Tires Corem Equip (4oo) TOTAL Current 600 800 4O0 I000 Revised 300 400 2O0 600 Object Code 647210 651110 651210 652210 652990' Title Photo Process OffSupplies Food Increase ('Decrease) (loo) (200) TOTAL $2200 Revised tget 200 100 800 600 I000 800 400 200 4500 4300 · ------- REVENUE BUDGET DETAIL Emer MEt Admin ~ Em~gt Assist Cost Center Title _L Cost Center No. P[_~.~ect Title 000 TOTAL EXPLANATION Why are funds needed? FEMA reduced state and local asslsantance funding nationwide from FYg~. Forecast was S2200 higher than the award. This budget reduces our operations by a llke amount to account for the loss of revenue. Where are funds available? Funds are available in the General Fund (001~Emergency Management Admln. REVIEW PROCESS Cost Center Directo~ Division Administrator:. ~ Budget Department: Agency Manager:. Finance Department: Clerk of Board Admin.: Input .by: B.A. No.: DATE AGENDA ITEM No. I~ ~ JAN 1 ~ 1997 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ^o'raoRiz~ ~[s APPROVAL oF A BUDGET AMENDMENT REALLOCATING FUNDS FOR THE SOFTVVARE UPGRADES TO THE NAPLES AND IMMOKALEE SCALEHOUSE COMPUTER SYSTEM OBJECTIVE: To obtain the Board's approval for a budget amendment reallocating funds for the software upgrades to the Naples and Immokalee scalehouse computer system. CONSIDERATION: On 9/9/95, Item 16 (B)(9) the Board of County Commissioners approved software upgrades for the software system at the Naples and Immokalee Scalehouse. These upgrades provided for automatic billing, automated reports and a computer system in the offices of the Revenue Services Department. A purchase order was opened in September of 1995. Metro Scale (the software company) designed and installed the upgrades over the past year. The upgrades are complete and the invoice is now due. The purchase order was dosed out inadvertently and the monies returned to Reserves for Contingencies. Staff is requesting that the Soard approve the attached budget amendment, reallocating funds for the payment of said upgrades. FISCAL IMPACT: Funds are available in Reserves for Contingencies 470- 919010-991000. GROVVTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners authorize the approval of the budget amendment reaIIocating funds for the software upgrades to the Scalehouse. Prepared by' ~ ' '"O/'L · _~_- ,~--~-~-~.,-./~ Date: /~-~'~..~¢ ~ Teresa A.~iese~, Revenu~ M~ger · Reven~ewi~ De~ent // Reviewed by:~,~~~~~ Date: /~- ~ E -~ Dawd Russell, Director Solid Waste Department Reviewed bY.jo~ ~..,-.,,-,.~'_~ .~X.,~, c~~.,~ate: ~,. Yonkosky, Dir~tor ~ ' Re~, ?~e Services Def~e~ Approved by: '"-~ ~' ~.~~ Date: Leo ¢ :hs, Jr., Admin/strator Support Services ~,.~ision JAN B J? J BUDGET AMENDMENT REQUEST For Budget/Finance Usc Only JE~ .............................. BARe .............................. A PH. Dare ..................... FUND TITLE Sold Waste Disposal FUND NO./+70 Date prepared: 12;12/96 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL [Reser~'es for Contingencies Cost Center Title [Cost Center No. Project Title [Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 991000 Reserve for (25,000) 807,100 782,100 Contingency TOTAL (25,000 Cost Center Title I [Cost Center No. Project Title Naples Landfil 173431 Expenditure Expenditure Increase Object Code Title (Decrease) 764950 25,000 So fv~vare - General TOTAL 25,000 l]Current Budget ] 5,000 Project No. 00000 IRevised Budget 30,000 REVENUE BUDGET DETAIL Cost Center Title I Cost Center No. I Project Title IProject NO. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget I TOTAL EXPLANATION Why are funds needed? To pay for software upgrades for sc, alehouses that were approved in September 1995, however, purchase order was inadvertently closed out by Finance. Therefore, a new purchase order has to be re-issued. Where are funds available? Reserves for Contingencies REVIEW PROCESS Cost Center Director: Division Adminbtrator: Budget Department: ' · Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE JAN IA m? APPROVAL OF BUDGET AMENDMENTS BCC AGENDA OF 1/14/97 COUNTY WATER & SEWER (408) BUDGET AMENDMENT 97-094 C,ounty Water & Sewer Operating Expense Capital Outlay Total Explanatigo; (S9,300) 9.300 Ftmds a'e needed to pay for two air conditioning systems. The systems cost more than S500 each, and the funds must be expended fi'om the capkal appropriation category, The budget amendmeat is moving funds from the operating expenditure category to the capital expenditure category. SUPERVISOR OF ELECTIONS (080) BUDGET AMENDMENT 97..097 Su pervJsor of Election~ Operating Expense Capital Outlay Total ,Explanation: Need to purchase lateral files for growing filing system. (S6,000) MSIO GENERAL FUND (! i !) BUDGET AMENDMENT 97-I01 MSTD (~eneral Fund Operating Expense Capital Outlay Total ($5,OOO) .Explanation: The funds are needed for co~*ucfing new office space, office space Building 'T" lust floor hallway. New office space is needed due to expand[ag requirements of Franchise staffand the existing constraints throug~ sharing an office space with Utility Regulation. Manager approved relocation. AGENDA ITEM JAN 1 1997 Pgo ~