Agenda 05/25/2004 R
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
May 25, 2004 9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
''''''- SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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-- i. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Jim Bailiff, First Christian Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte
Disclosure provided by Commission members for summary agenda.)
B. April 27, 2004 - BCC Regular
C. April 28, 2004 - Marco Island Community Meeting
3. SERVICE AWARDS
A. 20 Year Attendees
1. Bill Finch, Parks and Recreation
2. Sharon Newman, Transportation Department
4. PROCLAMATIONS
A. Proclamation designating the month of September as Freedom Month.
B. Proclamation to dedicate the National World War II Memorial on May 29, 2004. To be
accepted by Jim Elson, President of the Collier County Veteran's Council and Don
Peacock.
C. Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial Dedication
Weekend. To be accepted by Mike Viehec, Gary McCue with the American Veterans, and
Julias Futo with the American Legion.
-- D. Proclamation to designate the month of November, 2004, as Celebrate the Arts
Month in Collier County. To be accepted by Elaine Hamilton, Executive Director for
the United Arts Council.
E. Proclamation to designate June 7, 2004 as Children's Day at EMS. To be accepted
by Training Battalion Chief Helen Ortega and Administrative Captain Noemi Diaz.
F. Proclamation to designate June 2-7, 2004 as Code Enforcement Officers' Appreciation
Week. To be accepted by Janet Powers, Operations Manager, Code Enforcement
Department.
5. PRESENTATIONS
A. Presentation by Michael Carr regarding final report on Domestic Animal Services,
Investigation Case No. 03-1943-CC.
B. Present the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters, and
Sheriffs Officers who through their skills and knowledge have successfully brought
back to life individuals who had died.
C. To Edward S. Perico for his outstanding service to Collier County.
D. To John M. Dunnuck III for his outstanding service to Collier County.
E. Distinguished Budget Presentation Award for the current fiscal year from the
Government Finance Officers Association (GFOA) presented to the Office of
Management and Budget. To be accepted by Mike Smykowski, Director, Office of
Management and Budget.
F. To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee
of the Month" month of May, 2004.
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6. PUBLIC PETITIONS
A. Public Petition request by Lodge McKee to discuss a partnership to make the
Naples Depot the "Gateway" to the Collier County Museum System.
B. Public Petition Request by Jack Jameson to discuss fishing opportunities at Bay View
Park.
C. Public Petition Request by Ruth and Robert Garee to discuss after-the-fact variance
fees for 234 Palmetto Dunes Circle.
D. Public Petition Request by Peter Infanti to discuss current code regulations regarding
the removal of hazardous trees.
7. BOARD OF ZONING APPEALS
A. This item continued from the April 27, 2004 BCC Meeting. ADA-2004-AR-5363, D. Wayne
Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge Investors
LLC, requesting to appeal the formal interpretation issued by the Director of the
Department of Zoning and Land Development Review that states building construction
may not occur over the common boundary of the Pine Ridge Center PUD and the Pine
Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida.
B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. CU-2003-AR.4003 Apostolic
Assembly of the Faith in Christ Jesus, Inc. represented by Terrance Kepple, of Kepple
Engineering, Inc., requesting Conditional Use #1 of the "En zoning district, to allow a
"Church or other Place of Worship" for property located at 1235 San Marcos Boulevard,
in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86
acres.
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8. ADVERTISED PUBLIC HEARINGS
A. Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net
fishing only, on certain designated bridges within Collier County, which Ordinance also
(1) directs the County Administrator to post appropriate signage; (2) authorizes the
County Administrator to determine those other County bridges upon which fishing ought
to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that
the Ordinance be interpreted consistent with F.S. 316.1305, Fishing from State Road
Bridges; (5) repeals and supersedes Resolution No. 2003-204, which established a
fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier
County Code of Laws and Ordinances; and (7) provides for an effective date; at an
estimated implementation cost of $1,000.
B. Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a recodification
and revision of the County's Land Development Code, to become effective on August 30,
2004.
C. Adopt a resolution amending the water and sewer impact fee rate schedule, which is
Schedule Two of AppendiX A of Chapter 74 of the Collier County Code of Law and
Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board.
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10. COUNTY MANAGER'S REPORT
A. To approve the acquisition of right-of-way required for the construction of six-lane
improvements on Golden Gate Parkway between Airport-Pulling Road and Livingston
Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road
consistent with the Grey Oaks PUD. (Fiscal Impact: $4,907,000.) (Norman Feder,
Transportation Services Administrator)
B. Approval of the conceptual design plans presented by Rails-to-Trails for the greenway
along the Florida Power & Light transmission corridor between Rattlesnake Hammock
Road and Radio Road. (Norman Feder, Transportation Services Administrator)
C. Recommendation that the Board of County Commissioners adopt the 2003 Collier
County Wastewater Master Plan Update, Dated May 25, 2004, Project 73066. (Jim
DeLony, Public Utilities Administrator)
D. Recommendation that the Board of County Commissioners adopt the 2003 Collier
County Water Master Plan Update, Dated May 25,2004, Project 70070. (Jim DeLony,
Public Utilities Administrator)
E. To authorize an agreement to acquire rights-of-way for the expansion of Collier
Boulevard between Golden Gate Boulevard and Immokalee Road, and to establish an
access road for the Golden Gate Fire & Rescue District at their new facility; Fiscal
Impact: $536,000. (Norman Feder, Transportation Services Administrator)
F. Adopt a resolution authorizing condemnation of fee simple interests and/or those
perpetual or temporary easement interests necessary for the construction of roadway,
drainage and utility improvements required for the six-lane expansion of Collier
Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital
Improvement Element No. 37, Project No. 65061). Estimated fiscal impact:
$4,753,888.00. (Norman Feder, Transportation Services Administrator)
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G. Designate property known as the "Lely Cultural Center" for the South Regional
Library / County Museum and begin the process of planning the facility. (John
Dunnuck, Public Services Administrator)
H. Review options relating to the development of a junior golf program and public golf
course. (John Dunnuck, Public Services Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are 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 the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Request to grant final approval of the roadway (private), drainage, water and sewer
improvements for the final plat of "Isla Vista at Grey Oaks" the roadway and
drainage improvements will be privately maintained, the sewer improvements will
-, be maintained by Collier County, the potable water improvements will be
maintained by the City of Naples.
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2. Request to approve for recording the final plat of "Veronawalk Townhomes Phase
One", and approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
3. Request to approve for recording the final plat of ''Veronawalk Townhomes, Phase
Two", and approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
4. Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake
Terraces, Phase II, Eagle Creek M2.
5. Final Acceptance of Water Utility Facilities for Ave Maria Interim Facility University
(Greenfield Commons)
6. Final Acceptance Of Water Utility Facilities For Key Royal Villas.
7. Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco
Sportfishing Club Reef."
8. Adoption by the Board of County Commissioners of a resolution approving a Target
Protection Areas outreach mailing strategy for Conservation Collier's second
property selection cycle.
9. Authorize Environmental Services Staff to submit a grant proposal to the Florida
Department of Environmental Protection (FDEP) for $40,000 worth of contractual
services for the removal of invasive exotic vegetation within the State Highway 29
and Plantation Road rights of way.
10. Collier County Board of County Commissioners' endorsement of staff's approval of
-- the application for the Job Creation Investment Program and the Fee Payment
Assistance Program by Sky truck Company, LLC.
11. Request authorization for the County Manager or the Community Development and
Environmental Services (CDES) Division Administrator to accept the Fiscal Year
2003 United States Department of Housing and Urban Development Supportive
Housing Grant Agreement, Project # FL 14B306002, approving execution of Grant
Sub-recipient agreement (s) and providing for an effective date and approve all
necessary budget amendments.
12. Authorize the Chairman to sign the Department of Community Affairs Single Audit
Act Verification form.
13. Approval From Board of County Commissioners to waive formal competition, and
solicit proposalS for an impact fee study to update the Correctional Facilities Impact
Fee. (estimated amount not to exceed $40,000)
14. Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres
under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$1,360,580.
15. Recommendation to approve an Agreement for Sale and Purchase of 3.64 acres
under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$486,950.
B. TRANSPORTATION SERVICES
1. Approve a second amendment to work order number HA-FT-03-02 assigned to
Pitman-Hartenstein & Associates Inc. to include additional design services for a
second segment of the Immokalee Fifth Street Ditch Project (project number 51704)
increasing the amount by $62,240.00.
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2. Award bid #04-3655, Livingston Road (Immokalee Road to Collier County Line)
median landscape improvement construction project to Hannula Landscaping, Inc.
in the amount of $907,201.90.
3. Adopt a Resolution authorizing the acquisition of property by gift or purchase for
the purpose of assembling land to facilitate improvements to canals and properties
in the East Naples area specifically located within the Lely Area Stormwater
Improvement Project. Fiscal Impact: $387,000.
4. Approve the purchase of 5.109 acres of land required for a Perpetual Non-
Exclusive, Road Right-of-Way, Drainage and Utility Easement, a Drainage Easement
and a 4.5-acre stormwater retention and treatment pond for the Santa Barbara
Boulevard Expansion Project, No. 62081. (Fiscal impact: $672,105.00.)
5. Request the Board to accept donated palms from Stock Development for
landscaping on Livingston Road.
6. Recommendation that the Board award Bid No. 04-3656 nlnstallation and
Maintenance of Traffic Signalsn to E.B. Simmonds Electrical, Inc. and to Mid-
Continent Electric, Inc.
7. Award bid #04-3651 ,Livingston Road (Radio Road to Pine Ridge Road) median
landscape improvement construction project to Hannula Landscaping, Inc. in the
amount of $989,892.04.
8. Approve Professional Services Agreement No. 04-3587 in the amount of $833,297
for design services to be provided by American Consulting Engineers of Florida,
LLC, for capacity improvements to County Barn Road from Rattlesnake Hammock
Road to Davis Boulevard, County Project No. 60101.
9. Approve the purchase of 2.96 acres of land required for a stormwater retention and
treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081.
(Fiscal impact: $316,700.00.)
10. Recommendation to Approve Selection of Qualified Firm and Award a Contract
Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No.
69068 n13th Street SWn in the amount of $248,408.56.
C. PUBLIC UTILITIES
1. Recommendation that the Board of County Commissioners approve the selection
and award of the Capacity, Maintenance, Operations, and Management (CMOM) and
Staff Optimization Assessment Contract in the amount of $59,618, plus contingency
of $12,382, for a project budget total of $72,000, Project 72517.
2. Approval of Settlement Agreement Between TBE Group, Inc., Sprint
Communications, Inc., Collier County, Florida and Florida Department of
Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract
#20534, US 41, Collier County, Florida.
D. PUBLIC SERVICES
1. Approve an interlocal agreement with the City of Naples for fund sharing in the
amount of $300,000 for the Norris Community Center project.
2. Approve a Budget Amendment appropriating $126,469 from Emergency Medical
Services Fund 490 Reserves to reimburse First Coast Service Options for
overpayment of Florida Medicare claims.
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3. Approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use
of specified county-owned property for conducting a July 4th Fireworks Festival.
4. Approve the master agreement relating to Services for Seniors' grant programs and
authorize the Chairman to sign the master agreement between Collier County Board
Of County Commissioners and the Area Agency on Aging for Southwest Florida,
Inc., D/B/A Senior Solutions of Southwest Florida.
5. Approve a request to apply for a Florida Clean Vessel Act Grant for pump out
stations at Caxambas Park and Cocohatchee River Park.
6. Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of
$35,000 for the transportation of food to recreation and school sites under the
Summer Food Grant Program.
7. Approve a Memorandum of Agreement with the District School Board of Collier
County for use of school cafeterias in conjunction with the Summer Food Service
Program.
E. ADMINISTRATIVE SERVICES
1. Authorize conveyance of an Easement to Florida Power & Light Company for
electric utility facilities to service the Naples Jail Center expansion at a cost not to
exceed $15.00, Project Number 520081.
2. Recommendation to approve Amendment No.4, Phase 3 of RFP # 003173 for Spillis
- Candela DMJM to provide construction administration services for the Courthouse
Annex in the amount of $179,690.00.
3. Recommendation to approve additions to, deletions from and modifications of
certain classifications in the 2004 Fiscal Year Pay and Classification Plan made
from February 1, 2004 through May 14, 2004.
4. Recommendation to authorize staff to utilize the Western States Contracting
Alliance (WSCA) for acquisition of information technology hardware and software.
5. Recommendation to approve a First Amendment to License Agreement with
American Tower, L.P. in order to install additional equipment on a communications
tower for an additional annual rental fee of $3,600.
6. Recommendation to approve a City of Naples Airport Authority Lease Agreement
North Quadrant for the Sheriffs Office Special Operations Facility site at a first year
annual rent of $19,477.23.
7. Report and ratify Property, Casualty, Workers' Compensation and Subrogation
Claims settled by the Risk Management Director pursuant to Resolution # 2004-15.
F. COUNTY MANAGER
1. Request the Board of County Commissioners approve an Emergency/Disaster
Relief Marketing Budget plan for advertising and web site information up to
$300,000.
2. Approval of Budget Amendment Report.
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G. AIRPORT AUTHORITY
1. Approve a budget amendment to return unspent funds in the amount of $61,638.25
from the Airport Authority Capital Fund (496) to the Road Construction - Gas Tax
Fund (313).
H. BOARD OF COUNTY COMMISSIONERS
1. Proclamation to designate June 2nd through June 8th, 2004 as Jewish War
Veterans' Week. Will mail once presented.
2. May 25, 2004, Commissioner Jim Coletta requests reimbursement for attending the
Graduation Ceremonies of the Leadership Collier Class of 2004 on May 13, 2004 to
represent the County as a valid public purpose.
3. Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend the Southwest Florida Transportation
Initiative Post-Session Legislative Forum on June 2, 2004; $35.00 to be paid from
Commissioner Halas' travel budget.
4. Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend Gulf Citrus Growers Association Annual
Meeting and luncheon; $36.00 to be paid from Commissioner Halas' travel budget.
5. Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend Ed Perico's retirement party; $35.00 to be
_.'~ paid from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation to approve a resolution between the Board of County
Commissioners and Sprint Telephone Company of Florida for continuing the
existing E-911 System.
2. Recommend that the Board of County Commissioners endorse the Clerk of the
Circuit Court's Office Grant Application for the State of Florida Department of Law
Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program.
3. That the Board of County Commissioners make a determination of whether the
purchases of goods and services documented in the Detailed Report of Open
Purchase Orders serve a valid public purpose and authorize the expenditure of
County funds to satisfy said purchases. A copy of the Detailed Report is on display
in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples, FL.
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K. COUNTY ATTORNEY
1. Authorize the Making of Offers of Judgment for Parcels 119, 121, 821,921,128 and
728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara
Boulevard #60027)
2. Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst,
for Parcel No. 153 in the amount of $30,000.00 in the lawsuit styled Collier County
v. John Frank Sudal, et aI., Case No. 02-5168-CA (Immokalee Road Project No.
60018).
3. Approve Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr.,
et. aI., Case No. 04-0031-CA (Vanderbilt Beach Road Project #63051).
4. Approve Agreed Order and Authorize Payment of Appraisal Fees and Engineering
Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier County v. Faith
Bible Church of Naples, Inc., et. al., Case No. 99-2165-CA (Immokalee Road Project
#69101 ).
5. Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel 129
in the Lawsuit Styled Collier County v. James R. Colosimo, Trustee, et. al., Case
No. 00-0138-CA (Pine Ridge Road Project #60111).
6. Authorize the making of an Offer of Judgment to Respondent H.A. Street for
Respondent's undivided one-half interest in Parcel No. 159A in the amount of
$12,000.00 in the lawsuit styled Collier County v. H.A. Street, et al., Case No. 03-
2873-CA (Immokalee Road Project #60018).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
- THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING;
3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR
TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO
BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICIAL IN NATURE, ALL PARTICIPANTS MUST
BE SWORN IN.
A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-2003-AR-4332
Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of Goodlette,
Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor &
Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit
Development (CPUD) for a project to be known as the COLONADES AT SANTA
BARBARA PUD, to allow development of a maximum of 35,000 square feet of mixed
office uses. Property is located at the northwest corner of Golden Gate Parkway and
Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 6.83:1: acres.
B. AVROW2004-AR5715 to disclaim, renounce and vacate the County's and the Public's
interest in the 20 foot wide alley in Block A, according to the plat of "Immokalee,
Floridan, as recorded in Plat Book 1, Page 60, Public Records of Collier County,
Florida. Located in Section 3, Township 47 South, Range 29 East.
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C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-2003-AR-4575,
Robert L. Duane, AICP, of Hole Montes, Inc., representing Benderson Development
Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit
Development to be known as the Bosley PUD for a maximum of 303 multi-family
affordable housing dwelling units for property located approximately one-quarter mile
south of the intersection of 1-75 and Immokalee Road, in Section 30, Township 48
South, Range 26 East, consisting of 20.23 acres.
D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. CU-2003-AR-4249, Mark
Perry, representing Kenmark Construction, Inc. requests Conditional Use # 9 of the
Estates Zoning District for the purpose of a model home sales center. The property to
be considered for the Conditional Use is located at 1010 39th Street S.W. being
located just east of Collier Boulevard approximately 1,300 feet south of the White
Boulevard and 39th Street S.W intersection, which is Unit 27 North, North 180 feet of
Tract 153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East,
Collier County, Florida. This property consists of 2.85 acres.
E. RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering, Inc., representing Community
School of Naples, Inc., requesting a rezone from "An Rural Agricultural to "CF"
Community Facility for a 29.2 acre tract of land to allow for the expansion of the
existing school facilities located to the south of this property. The property is located
on the west side of Livingston Road, approximately 'Iz mile north of Pine Ridge Road,
in Section 12, Township 49 South, Range 25 East.
F. A Resolution of the Board of County Commissioners of Collier County, Florida,
Finding a Blighted Area to Exist, and Expanding the Boundaries of the Immokalee
Community Redevelopment Area.
G. A Resolution of the Board of County Commissioners of Collier County,
,--. Florida, to Amend the Immokalee Community Redevelopment Plan.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 25. 2004
Withdraw Item 6C: Public Petition request by Ruth and Robert Garee to discuss
after-the-fact variance fees for 234 Palmetto Dunes Circle. (Petitioner request)
Withdraw Item 7A: ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor
& Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal
the formal interpretation issued by the Director of the Department of Zoning and
Land Development Review that states building construction may not occur over
the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center
West PUD, which comprises + 17.60 acres and is located in Section 18, Township
49 South, Range 26 East, Collier County, Florida. (Petitioner request.)
Continue Item 7B to the June 8. 2004 BCC Meetina: CU-2003-AR-4003 Apostolic
Assembly of the Faith in Christ Jesus, Inc., represented by Terrance Kepple of
Kepple Engineering, Inc., requesting Conditional Use #1 of the "E" zoning district,
to allow a "Church or other Place of Worship" for property located at 1235 San
Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County,
Florida, consisting of 4.86 acres. (Petitioner's request)
Add Item 9B: Discussion regarding dual membership on committees dealing with
TDC projects and funding. (Commissioner Fiala.)
Add Item 101: Recommendation that the Board of County Commissioners enter
into an Agreement with Life Choice Pregnancy Resource Center to receive funds
associated with Adoption Awareness license plate revenues. (Staff's request)
Continue 16B3 to the June 8. 2004 BCC Meetina: Adopt a Resolution authorizing
the acquisition of property by gift or purchase for the purpose of assembling land
to facilitate improvements to canals and properties in the East Naples area
specifically located within the Lely Area Stormwater Improvement Project. Fiscal
impact: $387,000. (Staff's request)
Continue 16B7 Indefinitelv: Award Bid #04-3651, Livingston Road (Radio Road to
Pine Ridge Road) median landscape improvement construction project to Hannula
Landscaping, Inc., in the amount of $989,892.04. (Staff's request)
Withdraw Item 16H5: Commissioner Halas request for Board approval for
payment to attend function serving a valid public purpose. Attend Ed Peri co's
retirement party; $35.00 to be paid from Commissioner Halas' travel budget.
(Commissioner Halas request)
-'.
Time Certain Items:
Item 88 to be heard at 1 :00 p.m. Consideration of an ordinance adoptina a
recodification and revision of the County's Land Development Code. to become
effective on Auaust 30. 2004.
Item 10C and 100 to be heard at 2:00 p.m.. immediately followed by 8C. (Item
descriptions below.)
Item 8C: Adopt a resolution amending the water and sewer impact fee rate
schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier
County Code of Law and Ordinances, the same being the Collier County
Consolidated Impact Fee Ordinance.
Item 10C: Recommendation to adopt the 2003 Collier County Wastewater Master
Plan Update, dated May 25, 2004, Project 73066.
Item 100: Recommendation to adopt the 2003 Collier County Water Master Plan
Update, dated May 25, 2004, Project 70070.
*Note: 8ack-Up Material for Item 100 is incorrect in printed agenda packet.
A corrected executive summary has been submitted. Additional copies can be
found on the table outside the boardroom.
PROCLAMATION
-
WHEREAS, on Sept ember 11, 2001, t he Unit ed St at es suf f er ed an att ack by
terrorists against the World Trade Center and the Pentagon that took
the lives of almost 3,000 men, women, and children; and,
WHEREAS, those terrorists took advantage of the openness, hospitality, and
tolerance of our society to enter our country and live among us while
they plotted the murder of innocent Americans; and,
WHEREAS, we should honor t he many Law Enf or cement Of f ic€'l's, Firef ight ers and
- Emergency Medical Personnel who died when they came to the aid of
the vict ims of t his at tack; and,
WHEREAS, we should honor the brave men and women of United Airlines Flight 93
who gave their lives in a successful effort to thwart yet another
deadly at tack; and,
WHEREAS, in order to assure the safety of all Americans and to preserve the
freedom of our great Nation, we are now engaged in a war against
terrorists who would destroy all that we hold dear; and,
WHEREAS, this struggle to protect our Nation will be long and difficult and will
result in f urt her loss of lif e; and,
WHEREAS, we must be steadf ast in our belief that deW()Cracy and its unending
pursuit of justice, truth, and freedom for all will prevail against the
evi I of these t er r or i st s and those that suppor I t hem; and,
-
WHEREAS, we must never forget Ihe sacrifices of the brave men and women of
our country who are fighting to protect us; and,
WHEREAS, we must persevere until victory is achieved so the sacrifice of all those
who f all will not have been in vain.
/
NOW THEREFORE, be it proclaimed thaI the month of September 2004 and every
Sept ellber hencef ort h shall be designat ed as
FREEDOM MONTH
and it will be a mant h to ref leet on the hor rible event s of 9/11 and
renew our commitment to turn back this assault on our Nation..a month
when we demonst rat e our support f or our Cover nment, our Ar mad
Forces, Law Enf or cement Agencies, and Fire and EMS Depart ment s..a
month when we pay tribute to those who have sacrificed their lives to
preserve our freedom.
DONE AND ORDERED THI S 25th Day of May, 2004.
BOARD OF OOUNTY OOMMI SSI ONERS
OOLL! ER OOUNTY, FLORI DA
,- DONNA FI ALA, ~AI RMAN
ATTEST:
Agenda Item No. 4A
DWI GHT E. BroO<, U-ERK May 25,2004
Page 1 of 2
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--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 4A
Item Summary Proclamation designating the month of September as Freedom Month.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Paula Springs Executive Aide to the BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/18/20044:31 PM
-Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19120048:57 AM
-
Agenda Item No. 4A
May 25, 2004
Page 2 of 2
_.....~ _....."~"..^.~.... , "'-""---<"'~~.<.._.~,-"
,- PROCLAMATION
WHEREAS, The National World War II Memorial will be dedicated on May
29, 2004; and,
WHEREAS, This Memorial will be the first national memorial dedicated to all
who served during World War II, and will honor all rTilit ary
veterans of the war as well as the citizens on the home front,
the nation at large, and the high moral purpose and idealism that
motivated the nations call to arms; and,
WHEREAS, As symbolic of the defining event of the 20th Century in
American history, the Memorial will be a monument to the spirit,
sacrifice, and commitment of the American people; and,
WHEREAS, The Memorial will stand for all time as an il1lX>rtant symbol of
American national unity, a reminder of the moral strength and
power that can f low when a free people are at once united and
bonded t aget her in a common and j ust cause.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners,
Collier County, Florida, that we wish to add our voices in
recognizing the spirit, dedication, and courage of what is truly
- our "Greatest Generation".
DONE AND OffiERED THI S 25th Day of May, 2004.
,
BOARD OF CDUNTY CDMMI SSI ONERS
CDLLI ER CDUNTY, FLORI DA
DONNA FI ALA, O1AI Ffv1AN
ATTEST:
OW I <?liT E. BR)O<, QERK
-
Agenda Item No. 4B
May 25, 2004
Page 1 of 2
,..w.....__. .--.."._.....-"'~"_....._"""'~._"....__~_..._...-,,,_.."".....__..'_......_...""'_.,.-~";...."""',,..,''''''>o....,.._,.,.
",-'-.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 48
Item Summary Proclamation to dedicate the National World War II Memorial on May 29,2004.
To be accepted by Jim Elson, President of the Collier County Veteran's Council
and Don Peacock.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County
Commissioners BCC Office
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
,- Commissioners BCC Office 5/12/2004 9:17 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/13/2004 4:53 PM
,~-
Agenda Item No. 48
May 25,2004
Page 2 of 2
-~--~~ . .__.._~,-_...'-
PROCLAMATION
~-
WHEREAS. dlring the upcoming Memorial Day Weekend Q long 0\Ierc:be celebrotion w11l
take place at our Nationol Capital honoring those brave men and women, both
in the military and civilian COlMU\itKS, who gave so much of themselves to
protect the freedoms which we as 0 nation enjoy today. The wwn Memorial
on the Mall will be dedicated on Scrh.rday May 29, 2004; and,
WHEREAS, tens of thousands of WWII veterans and their farnilies will assemble on the
Moll in Washington D.C. for the official dedication. FWlCIs have been raised.
through spaghetti suppers, by the NapIcs Memorial VFW Post 7369 to send
Michod Viechec to the Dedication as their officlal representative; and,
WHEREAS. Mike wiD also be acting as on unofficial representative of Collier County and
the City of Naples, Florida, by carrying with hirn thousands of signatures of
local residents as Q -rHANIC vo,r to those who participated in the war
effort; and.
WHEREAS, in 1943 Mike Viechec left work in the coo.! mines of Hoselton, PcmsyIvonia at
the age of 18 yeOl'S to join the U.S. Army. He was sent to the Citadel to
train for the CYel1tuoI ~ion of 6umony. He and his classmotes received
word one morning that they were being shipped to E1rope to par-ticlpate in the
invasion of Normandy; and.
WHEREAS, as on Infantryman, Mike fought his way across E\.rope participating in
runerous battles including the Battle of the Bulge. He was one of the first
U.S. Troops to enter the concentration c:omp at Oacau. When the war in
Grope ended, Mike was sent to board a troop transport in France bound fOf'
the Pacific and the invasion of Japan. Before the ship left port, word come
0- that the bomb hod been dropped. and the war in the pacific was over. Mike
was sent to Gennany to toke part in the occupation. He re11.rned to work in
the coal rnines ofta'" the war and ewntuoUy went to work for the U.S. Postal
Service. After 0 career with the Postal Service he retired in Naples and has
lived here for many years; and,
WHEREAS. Mike has C<<1tinued to service his fellow vderons and his community as Q ute
Member of the vyw, American Legion. I:>isabled American Veterans. and
Amvds. He has been a member of both the VFW and American Legion fOf'
more than 60 years.
NOW THEREFORE. be it proclaimed by the Board of CGunty C<<m\issioners of Collier Cou:lty.
florida, that the weekend of May 28, 29, and 30. 2004. be designated as
wwn MEMORIAL DEDICATION WEEKENt>
and trgeS all citizens to become fornilior with this very important Manorial
and to take time to personally thank veterons like Mike Viehec fOf' their
dedication and sacrifice.
DONE ANt) ORt>ERED THIS 25tl\ day of May 2004.
BOARD OF COUNTY COMMISSIONERS
cot..LIER COUNTY, flOIU[)A
DONNA FIAlA. CHAIRMAN
ATTEST:
-
DWIGHT E. BROCK. ClERIC Agenda Item No. 4C
May 25, 2004
Page 1 of 2
-'~-"^ '",-......-.----"..,"""""'.".",...,,'''''..-,-'' ,'''~' '"',....~"".~~ ..,.,.,....__..,..-._...._..,".".. ~"." ,,,.~".,,....._~, ,""~_" ,......~".". ~~_._.......__.,,_~ .~".,_o-___~__....
"'-~., COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 4C
Item Summary Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial
Dedication Weekend. To be accepted by Mike Viehec, Gary McCue with the
American Veterans, and Julias Futo with the American Legion.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/4/2004 8:26 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/412004 6:52 PM
Agenda Item No. 4C
May 25, 2004
Page 2 of 2
''-.''-'-'"'-'' "~..o,",,,~.,,,,_,,,_,-,,_,,,,~,,~._, ^
-
FROa..AMATION
WHEREAS, the arts and cultural community of Collier County enriches
.. the lives of all residents and visitors; and,
WHEREAS, tourism in Collier Coonty is significantly enhanced by the
area's diverse offerings of arts and cultural activities; and,
WHEREAS, the arts playa key role in the business corrmunity and
make a significant contribution to the county's economy; and,
WHEREAS, members of the arts community play an active role in area
schools, enhancing the students' education; and,
WHEREAS, there is an expansive arts community in Collier County, with
50+ art s and cult ural organizat ions, 509+ prof essional
artists and ITlJsicians, 100+ art galleries, and thousands
of art lovers; and,
WHEREAS, the Unit ed Arts Council of Collier County is organizing a series
of art and cultural events throughout the county during the
- mont h of Noverrber, 2004.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that November, 2004 will be
CELEBRATE THE ARTS MONTH IN OOLL! ER OOUNTY
and we call upon our citizens to celebrate the arts and culture.
We encourage residents and visitors to support arts and cultural
organizations in the county and to participate in activities scheduled
during the celebration.
DONE AND OFDERED THI 5 2Slh Day of May, 2004.
BOARD OF CDUNTY COMMI 5S1 ONERS
CDLLI ER COUNTY, FLORI DA
DONNA FI ALA, OiAI R
ATTEST:
DW I GHT E. BROO<, QERK
.-
Agenda Item No. 40
May 25, 2004
Page 1 of 2
-- ~-~'~'^"'~_'.""~__.__...___,'..___"""~''''.~'''._'~.."'oo.",,,,.,....."..,."......._""'~"'.._._,."..""..,.,.",..,"'__.._,.",."_..c...., ",~~,,_,..' _.....,....
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 40
Item Summary Proclamation to designate the month of November, 2004, as Celebrate the Arts
Month in Collier County. To be accepted by Elaine Hamilton, Executive Director
for the United Arts Council.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
BCC Office 5/12/20049:24 AM
_ Commissioners
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/13/2004 4:55 PM
-
Agenda Item No. 40
May 25, 2004
Page 2 of 2
---~. . "'_._..,,~-,_..^..,>,,.~.~ .....,.,.-.....--,
PROCLAMATION
-
WHEREAS, Emergency Medical Services is many times a child and parent s first
cant act f or help in an emergency; and,
WHEREAS, O>Ilier County EMS recognizes the special circumstances surrounding
young patients and understands children's needs vary greatly from
t hose of adult s; 'and,
WHEREAS, <Allier <Aunty is irrplementing specialized training for all of it's
emergency personnel, which will provide those medical workers with
superior diagnosis and treatment skills that will more eff ectively serve
children in need; and,
WHEREAS, part of that specialized training includes a new diagnostic training tool
called Sim Baby that EMS is purchasing through a state grant. The
mechanical baby presents health conditions such as breathing or
cardiac problems, and as a result will allow paramedics to have one. on.
one experience with an automated child during emergencies in a
controlled, training at mosphere; and,
WHEREAS, EMS continually reviews it's training program and medical protocol to
ensur e it is up- to- dat e and uses the lat est treat ment s and pr ocedur es
so that patients have the highest potential for a positive outcome; and,
WHEREAS, EMS regularly works with Collier County schools, organizations, other
health care providers, pediatricians, and other county departments to
- reach out and educate children about sat ety; and,
WHEREAS, <Allier County leads Southwest Florida with cutting edge emergency
training and technology tools to save the lives ot every patient including
the future of this county, the children; and,
WHEREAS, EMS paramedics are dedicated to providing the best, most timely care
for those in need, specifically those patients such as children, who
many times are incapable of helping themselves.
NOW THEREFORE, be it proclaimed by the Board of County <Ammissioners
of O>Ilier CoUnty, that June 7, 2004 be proclaimed as
O1i1dren's Day at EMS
in <Allier Count y
DONE AND OFDERED THI S 25th Day of May, 2004
BOARD OF COUNTY OOMMI SSI ONERS
OOlL! ER OOUNTY, FLORI DA
DONNA FI ALA, aMI RMAN
ATTEST:
,-
DWI GH E. BOOO<, a..ERK Agenda Item No. 4E
May 25, 2004
Page 1 of 2
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-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 4E
Item Summary Proclamation to designate June 7,2004 as Children's Day at EMS. To be
ac<?epted by Training Battalion Chief Helen Ortega and Administrative Captain
Noemi Diaz.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
.- Commissioners BCC Office 5/17/2004 11 :56 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/17/2004 6:59 PM
Agenda Item No. 4E
May 25, 2004
Page 2 of2
~--.~-- _.'~._.,.-
PROCLAMATION
^.-- WHEREAS, Code Enforcement Officers provide f or t he sat ety, healt h, and
welf are of t he citizens in t his community through enf or cement
of buildi ng, zoni ng, housi ng, ani mal cont r 01, envi r onment aI and
at her codes and or di nances; and,
WHEFEAS, Qxie Enf or cement Of f icers deserve recognition for t he jobs
that t hey do in protecting lives and improving neighborhoods, as
do emergency personnel such as police, f ire and emergency
medical services; and,
WHEREAS, every day, assisted by support and program staff, they provide
qualit y cust omer service tot he public for t he bet t er ment of the
communit y; and,
WHEFEAS, too many times their eff orts go unnoticed, even at ter compliance
has been accomplished due to their ef fort s and expertise; and,
WHEREAS, t he per sonner of t he Code Enf or cement Depart ment ar e
dedi cat ed, well trained, and highly responsible individuals who
take their jobs seriously and are proud of their department and
t he local gaver nment wit hin which they ser ve; and,
WHEREAS, the Florida Association of Code Enf or cement (FACE) has
declared the first week of June to be set aside by local
- gover nment to honor and recognize t hei r Code Enf or cement
Depart ment st at f .
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier Count y, Florida, that t he week of June 2 - 7, 2004 be
designated as
OODE ENFORCEMENT OFFI CERS' APPREQ AT! ON WEEK
in Collier Count y in accordance wit h t he stat ewide observance
of t he same and encour age citizens of Collier Count y to join this
Commission in expressing appreciat ion for the dedi cat ion and
out st anding service provided by t he individuals who serve as our
Code Enf or cement Of f i cer s.
DONE AND ORDERED THI S 25t h day of May, 2004.
BOARD OF roUNTY roMMI 881 ONERS
OF roLL! ER roUNTY, FLORI DA
DONNA FI ALA, Q-lAI RMAN
ATTEST:
-
OWl G-iT E. BROO<, O,.ERK Agenda Item No. 4F
May 25, 2004
Page 1 of 2
__.........._____'""_.~__".__~_._.....__.....;,.""<...._~"~."'''''.h',,,..._",..,'_.""I.."'..;'...,.,....."..._''",,-,...~...,,..'. ._..........,,~-,.,"',.,.,".....~~~..."',_.,~..,._.-
,,-,.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 4F
Item Summary Proclamation to designate June 2-7,2004 as Code Enforcement Officers'
Appreciation Week. To be accepted by Janet Powers, Operations Manager,
Code Enforcement Department.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County
Commissioners BCC Office
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
-Commissioners BCC Office 5/17/2004 11 :53 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/17/20047:03 PM
,,-
Agenda Item No. 4F
May 25, 2004
Page 2 of 2
-~-'.- --...--. -- ",,,,"",,",,~"-"'''''' ...
.-..",-.-...-
- .,
CARR & CARR
,-, ATTORNEYS AT LAW
2641 AIRPORT ROAD SOUTH, SUITE A-I08
NAPLES, FLORIDA 34112
MICHAEL CARR TELEPHONE (239) 732-8722
STEPHANY S. CARR FAX (239) 732-8726
Board Certified in Business
& Consumer Bankruptcy Law
by the American Board of
Certification
-
April 30, 2004
Collier County Commission
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
Re: Final Report on investigation
Case No: 03-1943-CC
Dear Commissioners,
This report is the final report required under the Order
J'--"', Approving Appointment of Agent Under Section 828.03 Florida
Statutes signed by Judge Turner on December 1, 2003 and as per the
Order of the Court is being presented to the Court, the Board of
County Commissioners, the Office of the State Attorney and the
petitioner, "Friends of Gummi".
An initial interim report on the investigation was prepared
and sent to the County Manager on February 19, 2004. This report
outlined the scope of the problems concerned with the Division of
Animal Services (DAS) . See attached copy.
The initial response to the interim report was prepared by Mr.
John Dunftick and did not adequately address the concerns outlined
in the interim report.
After meeting with the County Manager, a new response was
prepared to the interim report by Mr. Leo Ochs, Jr. the Deputy
County Manager_ See attached copy_
The purpose of this investigation was to protect animals and
help prevent cruelty to animals. The positive response of the
County Manager and his staff have gone a long way toward
accomplishing that goal.
My review confirmed numerous problems in the operation of the
Division of Animal Control. As is noted in Mr. Leo Ochs letter of
April 7, 2004, my findings were largely consistent with the
I .- findings outlined in the investigative report filed by the Human
Resources Department last August.
Agenda Item No. SA
May 2S, 2004
Page 1 of 6
~-_._".... "--"'",.-- -,.,_..,..........,-,',....,_..".,"'~-,....""",,,.,,<;>...... ~.._M____"......".~."~._'D._'..~
-,
My overview of the problems of the DAS are as follows:
The DAS grew from a very small organization with few people
and little or no consistent planning and procedure_ The control
over the finances and records of the DAS were virtually non-
existent. The DAS often was operated on an ad hoc basis for the
convenience of the staff, not the animals or the taxpayer.
Over the years stories of problems with the DASdid surface
and often the employee involved with the whistle-blowing was
terminated. One such employee is Ruth Behr, who provided sworn
testimony to assist in this investigation. It would send a
powerful signal that things have changed for the better if her
status was reviewed for possible re-employment by the DAS.
.
The county in its own internal investigation last August
outlined numerous problems with the DAS. They did not solve the
problems they outlined.
After the interim report was prepared, I met with the county
manager and then with Beth Walsh the Interim Director of the DAS.
-., Ms. Walsh is doing everything possible to solve the problems with
the DAS. She is changing the attitude of the staff from an "us vs.
them" to a positive effort to work with all citizens interested in
animal welfare.
A collection of old directives has been cobbled together into
a manual of sorts. A new planning and procedures manual with a
clear mission statement will be prepared under the guidance of the
new director of the DAS_ Each employee should be able to
understand his or her role in the department with a simple easy-to-
understand planning and procedure manual.
Interim Director Beth Walsh has made it clear that employees
will comply with state statutes and county rules and policies.
There will be a careful accounting of the money and the resources
that go in and out of the DAS.
There is a commitment to make the newly created Advisory Board
into a real partner in improving the DAS. As an individual I have
offered to assist in drafting new animal cruelty investigative
procedures and will assist the new director of DAS, with the
approval of the Citizens Advisory Committee.
It is crucial that a well-qualified experienced Director be
recruited to run the DAS. The new DAS director should establish a
! new planning and procedure manual for the staff as soon as
I possible. The old directives, collected by alphabet, should not
I - bind the new director.
Agenda Item No. 5A
May 25, 2004
Page 2 of 6
~,..- ._--_._._-_...~=.."'"......_,.".,_.~~
- n._ . _.._ _.. ____ __. u. .. _.._. . ..__._.__
More and better training for the staff with special emphasis
on documenting animal cruelty and providing trial-quality records
and testimony for the Office of the State Attorney must be
provided_ The staff must understand that passing out civil
citations is not the correct response to animal cruelty, which in
many cases is a felony. Every instance of possible criminal
activity must be properly documented and reported to law
enforcement. It is not adequate to passively assist law
enforcement when specifically requested.
Some current staff members may not be willing to make the
changes that are required. Those staff members willing to make the
new DAS a success will be welcome.
Interim Director Beth Walsh has been a breath of fresh air.
She has a positive attitude and a firm commitment to the effort to
improve the DAS and achieve the finest domestic animal services
operation in the state. She can't do the job by herself.
The many years of hostility between groups and people
committed to animal welfare must end. With a new Director and a
firm commitment to work together we will be able to provide Collier
County with the finest Domestic Animal Services operation in the
State of Florida.
Sincerely you~
~~
Mike Carr
Attorney At Law
Agenda Item No. SA
May 2S, 2004
Page 3 of 6
-- ~---------~
- ._._._._H__
CARR & CARR
ATTORNEYS AT LAW
2641 AIRPORT ROAD SOUTH. SUITE A-lOB
NAPLES. FLORIDA 34112
fl.lICHAEL CARR TELEPHONE (239) 732-8722
STEPHANY S. CARR FAX (239) 732-8726
Board Certified in Business
& Consumer Bankruptcy Law
by the American Board of
Certification
February ~9, 2004
Jim Mudd
County Manager
Collier County Government Center
330~ East Tamiami Trail
Naples, Florida 34~~2
Re: Interim Report on investigation
Case No: 03-~943-CC
Dear Mr. Mudd,
This report is being presented prior to a final report
required under the Order Approving Appointment of Agent Under
.--~ Section 828.03 Florida Statutes.
The Division of Animal Services as a matter of practice
ignores Florida law. As was noted in an internal investigation
previously, livestock are not being properly disposed of.
Florida Statute 588.~7 spells out in detail the procedure for
auctioning off impounded livestock. In addition procedures are
listed in 828.073 for the disposition of animals found in distress.
Jodi Walters is in charge of the Division of Animal Services
and is aware of the requirement that impounded livestock be
auctioned off to benefit the public. By auctioning off the
livestock the taxpayers are paid back for the cost of handling and
caring for impounded livestock. The citizens also have a chance to
purchase livestock at a bargain price. This is not done.
Ms. Walters has advised staff to tell citizens who inquire
about livestock that a public auction will be held. This does not
happen.
A small number of the staff of the Division of Animal Services
have been allowed to acquire valuable animals at little, or
sometimes no cost. They have been allowed to unjustly enrich
themselves at the expense of the public who pay the taxes. The
public never has a chance to acquire these valuable animals.
Agenda Item No. SA
May 2S, 2004
Page 4 of 6
,-"~--,.. ~,_.._.-.., -~-~._.....--.
-.-..-.-----.- -.--
Records appear to be sometimes not kept or backdated to
explain animal "adoptions" by employees.
As a matter of routine civil citations are issued instead of
referring cases for criminal prosecution. The Division of Animal
Services is not preserving the bodies of abused animals for medical
examination and use as evidence in criminal prosecution. By not
preserving evidence prosecution becomes impossible.
Reports of practicing veterinary medicine without a license,
a third degree felony, were kept in house and not referred for
possible criminal prosecution.
At least one case of possible grand theft was disposed of by
allowing the employee to resign, without any referral to law
enforcement for a criminal investigation.
Clerk of Courts Dwight Brock has spelled.out the problems with
records at the Division of Animal Services in his report.
These problem appear to be fundamental and require a dramatic
change in the management practices of the Division of Animal
Services.
A final report, incorporating your response will be prepared
within the next two months and presented to the County Commission,
the State Attorney and Judge Turner and to the II Friends of Gummi,
Inc.1I pursuant to the Court's Order of December 1, 2003.
Sincerely yours,
~~
Mike Carr
Attorney At Law
Agenda Item No. SA
May 2S, 2004
Page S of 6
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-------- .------ _.- > >,
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, florid a 341 12 . 239-774-8383 . FAX 239-774-4010
Apri17,2004
Mr. Mike Carr
Attorney at Law
2641 Airport Road South. A-I08
Naples. Florida
Re: Interim Report on investigation
Case No. 03-1943-CC
Dear Mr. Carr,
Thank you for providing an interim report concerning the above referenced investigation to County Manager Jim Mudd for review.
The issues raised in your report an: legitimate concerns and are largely consistent with the findings outlined in the investigative
report filed by our Human Resources Department last August. Staff acknowledges past operational and managerial shortcomings
_~ the Domestic Animal Services Department and appreciates your assistance in identifying issues in need of attention and woding
ward productive solutions.
While it will take some time to achieve our ultimate goals. the following list of corrective and positive actions have already been
taken to improve our efficiency and effectiveness.
. Reorientation of all DAS staff with regard to individual job duties and personal responsibilities for compliance with
applicable State statutes and County policies.
. Improved efficiency and accountability in primary business systems through the purchase and installation of a new
automated financial accounting, inventory control and records management system that will be operational in the near
future.
. A renewed focus OD customer satisfaction in all facets of the operation
. Improved community relations and education initiatives highlighted by the fonnation of a new DAS Citizens' Advisory
Committee
. More progressive adoption progrcuns. including more innovative and effective marketing efforts and citizen oversight.
In closing. I want to again thank you for the opportunity to review this interim report and for your generous offer to personaHy help
in drafting new animal cruelty investigative proc:edures for our DAS staff. Ms. Walsh. the interim director. will be calling you
shortly to accept your offer and scbeduIe a meeting with you. As always. we welcome your input and that of other interested
citizens as we work together to operate the fwest domestic animal services operation in the State.
Sincerely.
~
Leo Oehs. Jr.
'Deputy County
CC: James V. Mudd, County Manager ,
John Dunnuck, Administrator. Public Services
_. Beth Walsh, Interim Director, Domestic Animal Services
Agenda Item No. SA
May 2S, 2004
Page 6 of 6
i
.
--,..'.--..-.". ,_.
c""'-"
Mr. John Dunnuck reads:
The Collier County Emergency Medical Services Department, has adopted the
PHOENIX AWARD, to recognize those EMS Paramedics, Firefighters, and Sheriffs
Officers who through their skills and knowledge, have successfully brought back to life,
individuals who had died. The "PHOENIX", was a mythological bird who died and rose
re.newed from it's own ashes. I would like to begin the presentation with a prayer.
An EMT Prayer
God... grant me the ability to give
Emergency care
With skillful hands, knowledgeable mind
And tender love and care.
Help me deal with everything,
When lives are on the line
To see the worst, administer aid, and
Ease a worried mind.
So help me as I go today
Accept what fate may be
Touch these hands, use this mind,
,..- Amen
...Author Unknown
We are proud to recognize the following heroes:
Arthur Wolf Neil MacLarty
Bill Woods Otto Otega
David Cranur Pierre Chee
Christopher Birge Rob Boyer
Chuck Jenks Steve Huton
Dan Wilcox Tim Buener
Daniel Sawyer
Dave Becker
Dean Homan
Desirae Havens
Doug Roberts
Jerry Beck
Laura Occhipinti
Mark DaSilva
Mathew Zaleznik
Matt Johnson
",-
Agenda Item No. 58
May 25, 2004
Page 1 of 2
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COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 58
Item Summary Present the PHOENIX AWARD to recognize those EMS Paramedics,
Firefighters, and Sheriff's Officers who through their skills and knowledge have
successfully brought back 10 life individuals who had died.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Jeff Page EMS Director
Public Services EMS
Approved By
Jeff Page EMS Director Date
Public Services EMS 5/12120041:10 PM
Approved By
Kathy McLarty-Carpenter Executive Secretary Date
Public Services Public Services Admin. 511212004 2:29 PM
Approved By
John Dunnuck Public Services Administrator Date
-, Public Services Public Services Admin. 5/1312004 1 :47 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 51141200410:38 AM
Approved By
Gary A. Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/200411:47 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/1712004 11 :50 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/17/2004 7:08 PM
-
Agenda Item No. 58
May 25, 2004
Page 2 of 2
~.._~.~. .~~._ w _.,_.... ,.~..-".. ._~~
..-""-
May 25, 2004
-
Mr. Edward S. Perico
Building Review and Permitting Director
2800 Horseshoe Drive
Naples, FL 34104
Dear Mr. Perico:
On behalf of the Board of County Commissioners, County Administration and your many
colleagues and friends, I wish to express my appreciation for your dedicated, faithful service to
the citizens of our community. You have played a vital role in establishing exemplary residential
review standards and promoting harmony between the industry and citizens of Collier County.
Your professionalism, technical expertise and steady leadership have been a great asset to our
County. You can look back on your many accomplishments with tremendous pride and
~- satisfaction. We will truly miss you.
Once again thank you for your contributions to this organization and the residents of Collier
County. We wish you continued success and prosperity in all your future endeavors.
Cordially,
Donna Fiala, Chairman
Commissioner, District 1
DF:sf
,,-.
Agenda Item No. 5C
May 25, 2004
Page 1 of 3
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. - - .- --
. Ed has been with Collier County for 18 years of dedicated, faithful service.
-- He has served in the Building Review and Permitting Department since 1986.
.
. He served as a Building Inspector and later, as Lead Structural Inspector (he provided
structural, electrical and mechanical inspections for over a thousand residential and
commercial structures over a nine-year period.
. He as served as the Director, Building Review and Permitting Department in the
Community Development and Environmental Services Division from Dec. 27,1995 to
May 31, 2004.
. He faithfully and honorably served to promote exemplary residential review standards
and governmental oversight, and as a result, promoted harmony between the industry and
citizens.
. He always displayed a positive "can do" attitude and as a result, managed one of the most
efficient and effective building departments in the State of Florida.
. His team, his employees reviewed and processed over 200,000 applications for
commercial and residential building permits.
-----""
. He professionally and proficiently enforced the dictates of the Florida Building Code and
Collier County's Land Development Code.
. Ed was born in New York City, and started working with his dad in the construction field
at the young age of 13. When he became of age, Ed entered the Air Force and was in
active duty serving our country for 4 years. He then became a New Jersey Police officer
and served with the Department for nine years.
. After nine years on the police force, Ed's heart led him back to the construction fLeld
where he started his own construction business with 92 employees.
. Ed and his wife Barbara, who is employed with the Collier County Transportation
Division, have three daughters, twelve grandchildren and 1 great grandchild.
. Ed loves the outdoors and when the opportunity arises he spends time at his lodge in
Arkansas.
. Ed has been a tremendous asset to Collier County and will be missed by all.
Agenda Item No. 5C
May 25,2004
Page 2 of 3
~-.,,~"' . -~.._< -"--,,...-."-~=
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 5C
Item Summary To Edward S. Perico for his outstanding service to Collier County.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Commissioners BCC Office 5/17/20044:02 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/17/20046:51 PM
Agenda Item No. 5C
May 25,2004
Page 3 of 3
.-
May 25, 2004
Mr. John M. Dunnuck
Public Services Administrator
3301 E. Tamiami Trail
Naples, FL 34102
Dear Mr. Dunnuck:
On behalf of the Board of County Commissioners, County Administration and your many
colleagues and friends, I wish to express my appreciation for your dedicated, outstariding service
to the citizens of our community. You have made significant contributions in every position you
held during your career with Collier County. Your management skills and leadership abilities
have been a great asset to our County. You can look back on your many accomplishments with
tremendous pride and satisfaction. We will truly miss you.
,- Once again thank you for your contributions to this organization and the residents of Collier
County. We wish you continued success and prosperity in all your future endeavors.
Cordially,
Donna Fiala, Chairman
Commissioner, District 1
DF:sf
....-"
Agenda Item No. 5D
May 25, 2004
Page 10f 4
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- John M. Dunnuck
. John Dunnuck has made significant contributions in his tenure with
Collier County Government. His management skills and abilities were
recognized early_on and he advanced rapidly.
. He began is career with the County in 1995 as Supervisor of the Golden
Gate Community Center in the Parks and Recreation Department. In
1997, he became Operations Coordinator for the Department. In 1999,
he became an Assistant to the County Manager where he worked for
Bob Fernandez, Mike McNees and Tom Olliff.
. In 2000, John was assigned the role of Interim Administrator for The
Community Development & Environment Services Division. Among
his many accomplishment~ as Administrator, were the implementation
of a plan to greatly improve public participation during the
development review process, resolving the golf course impact fee issue,
- and the Tourism and Housing Department was reorganized to improve
effectiveness and accountability.
. His latest responsibility has been as Administrator for the County's
largest Division, the Public Services Division. The Division contains
the Parks and Recreation Department, the County Library system and
the County Museum System. In addition, he has had responsibility for
the Emergency Medical Services Department, the Domestic AniInal
Services Department, the Human Services Department, Veteran
Services, and Extension Services. Additionally, he has served as the
County liaison to the County Health Department and the David
Lawrence Center.
. John graduated from the University of Illinois with a Bachelor of
Science Degree Leisure Studies. Presently he is in the process of
completing his Master's Degree in Public Administration at Florida
Gulf Coast U ni versity.
--
. John is married and is the proud father of two daughters.
Agenda Item No. 50
May 25, 2004
Page 2 of 4
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· John will be sorely missed, but we wish him the best as he tackles new
endeavors.
Agenda Item ~ 10 50
May 25, 2004
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 50
Item Summary To John M. Dunnuck III for his outstanding service to Collier County.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/17/20044:03 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/17/20046:29 PM
^-.
Agenda Item No. 5D
May 25, 2004
Page 4 of 4
~-.._',.." _.~ _..,,~,_.- ,_.".~, ^
.-'
-'0 Government Finance Officers Association
203 North laSalle Street, Suite 2700 --, _~r:R
Chicago, Illinois 60601- t 210
312.977.9700 fax.: 312.977.4806
MAY 1 ZUi~
'.
--~ - '.
-
May 14; 2004
Mr. James V. Mudd
County Manager
Collier County
3301 Tamiami Trail East
2nd Floor, W. Hannon Turner Building " .
Naples, Florida 34112
Dear Mr. Mudd:
I am pleased to notify you that Collier County, Florida has received the Distinguished Budget
Presentation Award for the current fiscal year from the Government Finance Officers
Association (GFOA). This award is the highest fonn of recognition in governmental budgeting
and represents a significant achievement by your organization.
- When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department designated'
as being primarily responsible for its having achieved the award. This has been presented to:
Office of Management and Budget
We hope you will arrange for a formal public presentation of the award, and that
appropriate publicity will be given to this notable achievement. A press release is
enclosed for your use.
We appreciate your participation in GFOA's Budget Awards Program. Through your
example, we hope that other entities will be encouraged to achieve excellence in
budgeting.
Sincerely,
--J?~4.:f-' - zR_:;:
Stephen J. Gauthier, Director
Technical Services Center
Enclosure
~
Agenda Item No. 5E
May 25, 2004
wwwgfoa,org Page 1 of 2
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 5E
Item Summary Distinguished Budget Presentation Award for the current fiscal year from the
Government Finance Officers Association (GFOA) presented to the Office of
Management and Budget. To be accepted by Mike Smykowski, Director, Office
of Management and Budget.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/18/20048:41 AM
,.,.-.
,"-
Agenda Item No. 5E
May 25, 2004
Page 2 of 2
.-----.-- o~'" ""..
-"
EXECUTIVE SUMMARY
Recommendation to recognize Brian Bower, Plant Mechanic, Public Utilities
Division, as "Employee of the Month" for May 2004.
OBJ~CTIVE: To recognize Brian Bower, as "Employee of the Monthn.
CONSIDERATIONS: Brian's position of Plant Mechanic is one that he takes very seriously,
with pride of ownership attitude second to none. He is responsible for maintenance and repairs
of the diverse equipment that is critical toward the facility maintaining a reliable and consistent
supply of water to our customers. As an example, during this past year, one of these critical
processes, the sulfuric acid feed system, experienced dozens of leaks. This situation was a
result of a change in acid strength supplied by the vendor. The existing piping system was
unable to withstand the higher percentage concentration and subsequently the piping material
degraded to the point where leaks developed. Brian was instrumental in identifying the cause of
the problem. This particular piping material required specialized training and certification to
safely and effectively install and repair. Brian moved quickly to obtain' the appropriate
certification in order to requisition the materials necessary to conduct in house repairs. By doing
so, we eliminated our dependence on outside contractors. This situation developed during the
peak demand season so the need to maintain consistent and reliable production was
paramount. There were instances of numerous repairs in the same day and many times Brian
had to be called back to the facility to make yet another repair. These were stressful times;
,- however, Brian always maintained a positive, professional attitude.
Brian's areas of responsibility go beyond the confines of the plant process building. Another
example of Brian's abilities and knowledge in maintenance has been demonstrated in the
rehabilitation of the light poles on the water plant grounds. Over the years, the yard light posts
had deteriorated. Brian recommended a procedure to rehabilitate the posts instead of
replacement. The finished product is excellent and the cost savings to the county exceeds
$20,000.00.
FISCAL IMPACT: "Employee of the Monthn selected receives a $150.00 cash award. Funds
for this award are available in the department budget cost center.
RECOMMENDATION: That Brian Bower, be recognized as "Employee of the Monthn for May
2004.
-
Agenda Item No. 5F
May 25, 2004
Page 1 of 2
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 5F
Item Summary To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as
"Employee of the Month" month of May, 2004.
Meeting Date 5/25/20049:00:00 AM
Prepared By
Dawn Ragone Administrative Assistant
Administrative Services Human Resources
Approved By
Jean Merritt Human Resources Director Date
Administrative Services Human Resources 5/13/2004 11 :55 AM
Approved By
".en Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/18/2004 1 :57 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/18/20044:20 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/20042:41 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19/20044:15 PM
Agenda Item No. 5F
May 25, 2004
Page 2 of 2
....~~'._-~ ~...,,_d --,---
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. .-.
. .
NAPLES DEPOT CIVIC~ CULTURAL CENTER
A registered National Historic landmark
May 5, 2004
-
Board of Collier County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
Dear Commissioner Fiala:
The Board of Directors for the Naples Depot has been exploring new, appropriate and
innovative directions for the use and operation of this historic, lan"dmark building and
grounds.
The accompanying proposal to you and the Collier County Museum system indicates
what we feel is the "highest and best use" of this property for the people of Naples and
Collier County.
~-
On behalf of the Board of Directors of Southwest Heritage, Inc., I hope you will consider
our serious overture to you and be receptive to a positive, exploratory dialogue regarding
this matter in the very near future.
Sincerely,
~-y:;/~'- ---
Lodge McKee
President
Copy: All Collier County Commissioners
Collier County Manager *
Ron Jamrol Collier County Museum Director
\"'7-
~ ~~1v~~
V~ A ,;\ .
11',# -~~ \.
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I .
'1
.~
Item 0.-6A
May 25, 2004
SOUTHWEST HERITAGE, INC. 1051 fifth Avenue South / Naples, florida 34102/ (239) 262-1776 1P.Dg~')~~5119
____.._.___._...,,'""t"''''""'~~~'''''~._.._... 'I'" "".. ,,,,.,,,.....,....,, ' ~..."'.,.'O,,_......~ _.......".~_..___.__
__.u
,
,_.
December 31. 2003
TO: Board of Collier County Commissioners
FROM: Southwest Heritage, Inc. (Naples Depot)
SUBJECT: A Partnership to Make the Naples Depot the "Gateway" to the Collier County
Museum System
Southwest Heritage, Inc., a Rorida not for profit corporation, owns and manages the Naples
Railroad Depot, a registered national historical landmark. The Depot was an active part of
Naples' history from 1927 until 1972 when the last train departed. In 1975 a group of civic
minded Neapolitans formed Southwest Heritage, Inc. to save the Naples Railroad Depot and to
utilize the facility as a gathering place for cultural and civic groups and any other purposes
deemed appropriate to further its historlc nature. On November 4, 1976 Restrictive Covenants
were placed on the property which requires Southwest Heritage, Inc. to repair, maintain and
administer the property so as to preserve the historical integrity of the features, materials,
appearance, wor1<manship and environment of the facility for a minimum of thirty years.
- While Southwest Heritage, Inc. has fulfilled its mission as a cultural and civic center, providing
meeting spaces to various organizations in the community for almost 30 years, the Board of
Directors in 2001 recognized that the dynamics of Naples were changing and the future uses of
the historic facility needed to be examined. The Board commissioned Informal Learning
Experiences, Inc., of Washington, D.C., at a cost of $55,000, to conduct a feasibility study and to
make recommendations for the future use (beyond 2006) of the Naples Depot.
The study concluded the following:
+ The Depot is poised for a major evolutionary change.
+ Naples/Collier County is suitable for a new family educational and recreational attraction.
+ Teachers with the District School Board of Collier County see major advantages to a proposed
new museum., .and would use it as part of their educational enrichment program.
+ Exhibit and educational activities, both inside the current building, and on the property itself,
should be a rich mix of passive and interactive experiences, suitable for both individuals and
school and other organized groups.
; ,
The study also recommended that Southwest Heritage, Inc. acquire the adjoining real property.
and artifacts and other personal property to exhibit in the museum. To date the Board has been
unable to purchase the adjoining property. Recognizing (1) the high cost to acquire exhibits for a
transportation-oriented museum which would celebrate the history of Naples, (2) that the County
has an abundance of artifacts and exhibits celebrating the history of our community, and (3), that
to some degree we would be competing with the Collier County Museum; the Board decided that
a partnership combining our resources would be of greater benefit to our community, and could
still insure the historical preservation of the Naples Depot into the future. The Board beli~ves the
Naples Depot could serve as the gateway to the County's museum system, providing a high-
visibility location in downtown Naples which would introduce its visitors to the other facilities in the
County's museum system.
-_.
Agenda Item No. 6A
I May 25, 2004
Page 2 of 3
,-, . "~~"",~,,,".'.,_.~-'>. .. ." ._~ ,-"~--
.
In order to continue to meet its fiduciary responsibility to preserve and maintain the Naples
Railroad Depot. the Board would propose the following:
(1) Southwest Heritage, Inc. would offer Collier County a long term lease of the historic
building, railroad cars, and parking area for the sum of $1per year, conditioned upon the
County maintaining, preserving and insuring the properties covered by the lease.
(2) Southwest Heritage, Inc. would retain the following:
a. ownership of the property and improvements,
b. operation and maintenance of the -Lionel Model Railroad Room- and its contents
c. operation and maintenance of the outdoor Riding Railroad, including the trains,
track, signals and other appurtenances; together with the outlying train
maintenance buRding.
(3) The Museum, the Lionel Model Railroad exhibit and the outdoor Riding Railroad would
share the Naples Depot parking lot.
Southwest Heritage, loe. has maintained the Naples Depot structures in good condition in
accordance with historic preservation standards. Collier County would be expected to do the
same.
The members, directors, officers and volunteers of Southwest Heritage, Inc. would continue to
provide stewardship in their respective supportive roles. The County Museum System would
provide appropriate staffing for the creation, operation and maintenance of its exhibits.
A symbiotic relationship between Southwest Heritage, Inc. and the Collier County Museum
System would insure the continued preservation of the Naples Railroad Depot, a registered
national historical landmark, and would give Collier County a highly visible and convenient facility
to showcase its historical artifacts and to serve as a gateway to the other facilities in the County's
museum system.
Southwest Heritage, Inc. working, with the Collier County Museum System, is positioned to
integrate the Naples Railroad Depot into the County's museum system by December, 2004.
Agenda Item No. 6A
May 25, 2004
Page 3 of 3
.-
~ COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010
May 12, 7004
Mr. Jack Jameson
41 Pacific Way
Naples, FL 34104
Re: Public Petition Request to Discuss Fishing Opportunities at Bay View Parks
Dear Mr. Jamesoo:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 25, 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
~ Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further infonnation or assistance, please do not hesitate to contact this
office.
Sincerely,
~:-.~--4
County Manager
JVM/jb
cc: David Weigel, County Attorney
John Dunnuck, Public Services Administrator
,,-.
t~ Agenda Item No. 68
May 25, 2004
c 0 . r C 0 14 " t ,1 Page 1 of 2
-
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.-.-.
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., 'J<:R ..
MAY 1 ;: 2004
- -
'- -
..-..4.._ " -
-
May 10, 2004
Mr. Jim Mudd, County Manager
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
Dear Mr. Mudd:
I would like to appear before the Collier County Commission under "Public Petition" on
May 25, 2004.
I would like to present to the Commissioners an idea to better utilize the fishing
opportunities for the public's use at Bay View Parks.
ck Jameson
41 Pacific Way
Naples, FL 34104
430-1484
I -
Agenda Item No. 68
May 25, 2004
Page 2of2
.
-.--.
~ COWER COUNlY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples. FL 34112 . 239-774-8383 · Fax 239-774-4010
May 13, 2004
Ruth and Robert Garee
234 Palmetto Dunes Circle
Naples, FL 34113
Re: Public Petition Request to Discuss After The Fact Variance Fees For 234 Palmetto
Dunes Circle
Dear Mr. and Mrs. Garee :
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 25, 2004, regarding the above referenced
subject.
.-. Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Roor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to. contact this
office.
Sincerely,
~;e~~
County Manager
JVMljb
cc: David Weigel, County Attorney
Joe Schmitt, CD&ES Administrator
.~
f~ Agenda Item No. 6C
May 25, 2004
c 0 . r C 0 .. " t .y Page 1 of 11
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0~/3~/2004 ~:32 1744018 CXJ..ffiY ~ lJFER_ ClE PAGE 03
(lCe1Ved L~
# Ql~ Me;
_ \it'-. I ~ ~
o q-, c.,i.- S \ b ReQ\I~ to Speak under PIJ9liC Petition
. ~~
\J\ C'-- Please print
Name:
Ru~h P. Garee -..
Addr.SS: 234 Palmetto Dunes Circle
Naples. FL 34113
Phone: ~.E39) 774-7892
Oabl of ttKt Board M~ ~U 'Hie!) 10 soeak: May 25. 2004
Please eXDlaln ind6tenthe re880Tl YOU.8r~ teOuestina to SQe8k (attach asjfJitloo;l)
Q;!08 if nece88Srvl:
See Attached
.-,
Plea~~ exDlain ;ndetall thp action Vo", ~re 8skjna the Commission to take (att.acl:l
addltton.' oaoe if neceM8ry):
T.1r.. ;1MftD"-1 5't:A a~t"i n~ d,"A t3.~"F~ ~'hq f9Q "'D~ '''ft~i8.11I-g ~~r th+-
afr~T the FAr" .i tlu,t--iQll vir}, nu'r prnp,..rt-y ern UP ...-.;a.... !:IpP~Y fQT
a variance for a second floor addition.
H;'J>ublleP.ulian ~ fM'rl.doc
.-
Agenda Item No. 6C
May 25, 2004
Page 2 of 11
~'-'"''''''"''''' ---".-- __w --- '" .-----
---
- .
May la, 2004
Collier County
Office of the County Manager
3301 East Tamiami Trail
Naples, FL 34112
Atto: Debbie Wight
~e bought our home at 234 Palmetto Dunes Circle in Lely Country
Club in February~ 2001_ Our plan was for this to be our secondary
home as our other one had been with our pr~ary home in Ohio.
However. our plans chang~d when Robert accepted a job with Collier
County as a flumbingJMech~oical Inspector'and started working there
in January, 2003. We decided then that we were going to be full
time re$iden~s of Collier County_ Our home in Ohio is a lot larger
than the one here and since we don't want to give up our treasures
we started looking for a bigger house. Everywhere we lOOked we
always came home to Lely in East Naple$ and knew we really didn't
want to move anywbere else.
We started investigating the p08sibilitis of building on to our
present home. We knew we couldn't build onto the first floor eo
we want to add a second floor_ We talked to Collier County to find
out what steps to take to proceed. We learned that we needed a
variance for a second floor. as we needed 15 fooe side set backs.
They advised us to check with our neighbors to see it their were
objections and to cry to get ~he blessing of our aS8oclaCion_ Our
neighbors signed a paper in favor and when we presented it to the
board of our association they gave us a letter of approval. We next
made an appointment for a pre-application meeting with Michele
Hosca, Principal Planner and paid the $500.00 fee for the meecing.
We showed ber our site plan of the house the way it is now and the
and the area of the second floor addition. She said they u8ually
require a hardship for a variance. We explained that our only
hardship is the house needs a lot of work and updating and we need
~ore space for our things and we want to do both at the same time.
We also believe it would be an asset to the neighborhood and oUr
neighbors e~ressed the same thought. We already have 2 two story
houses in our imediate area. One right across the street_ Some
of the houses in our area are getting old and as they are remodeled
and updated 'it adds to the value of the neighborhood.
After meeting with Michele she called and informed us our house was
built illegally in 1982 as we have 8.75 side front set backs on
both front corners and 10.0 and 15.5 on the side rea~ corners
Agenda Item No. 6C
May 25, 2004
Page 3 of 11
. .
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according to the original site plan. According to ~he survey we
have 10.0 and 8.9 on the front and 9.9 and 15.6 on the back side
set backs. We also have a walled garden of the master bath that
is 5.5 to the side lot line. She tried to tell us that the walled
garden was'-added after the house was buUt and not as shovn on
the original set of plans which We have and are stamped APPROVED
LELY ESTATES, INC. 7127/82. She said she was sure these plana
were diffe~ent than the ones submitted to tne County because they
would neve~ have approved them. We went t~ the County and got
the site plan from the m~cro film. It is the same site plan as
we have and the permit number 1s 82-3048. Michele first told UB
we could get an after the fact Administrative Variance for $1.000.00
but because of tbe garden wall attached to the house with ita only
entrance from the master bath we need an afeer the fact variance
which cOst $4.000.00. She said we have to go before the County
Commissioners for this variance.
We don't feel tha~ we should be penalizad for so~ething that happened
long before we owned this property and we shouldn't have to pay
for it. It is obvious that Collier County approved the plans for
the house to be built as it is now, permitted it, inspected it.
issued an occupancy pe~it and collected taxes every year 50 they
,- know what 1s th~re. The last tiae we talked to Michele she had
talked to he~ superv~sor and he said we should go to County Manager's
Offiee and ask to get on the agenda for the County Com1ssioners meeting
and request a waiver of the fees for the variance for the way the
house was built. She also we had to get~bat variance before we can
apply for the one we started out reque6ting for the second floor.
Once again. we feel we are being penalized. We are requesting that
we pay for one variance of $2,000.00 to go from what we presently
have to what we want to have. a second floor addition. Our house
needs a lot of work now and we want to get started aa soon "-6 possible.
Rut.h P. Garee
Robert K. Garee
Homeowners
-
-
Agenda Ite:) No 6C
May 25, 2004
Paoe 4 of 11
.
- --- -'---
Lely C.C. Property
Owners Association, Inc.
P.o. Box-l0997
Napl~ FL 34101
Feb. 1 3.2004
Me And Mrs. Robert K. Garee
234 Palmetto Dunes Circle
Napl~ FL. 34 t 13
The Board Of Directors of the Lely Country Club Property Owners Assn.
grants a variance for a side setback Qf I Oft. 00 the west boundary of your property
at 234 Palmetto Dunes Circle. This is for a planned sewnd story addition which
requires a ) 5ft setback..
Don W. Kincaid
Vice Presidmt
'.
Agenda Item No. 6C
May 25, 2004
Page 5 of 11
---"...-...--- - -,_.."_.,,
.
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Bob and Polly Garee
234 Pal~tto Dunes Circle
Nap~e9. FL 34113
774-7892
We want to put a second floor addition on our house which requires a
15 foot set back on the 6ide lots. We currently have 10 foot or less which
1. what is required for a single story house. 50 we need a variance. lfe
also want to put . seven foo~ extension 00 tbe fro~c of the garage and a
covered area on the lanai. These also re~uire a variance.
~e are checking ~lth our neighbors to see if you bave any comments or
objections.
4J2,ffl;;~ilur rlJ~ ~ Against Co~ent8
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Agen a (:01 .J!:. II
\ May 25, 2004
Page 6 of 11
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Bob and Polly Ca~ee
234 Pal~etto nunes Circle
Naples. FL 34113
774--7892
w. ~nt to put . aecond floor addition on our house which requires a
15 foot ~et back on the side lots. We currently have 10 foot Or less which
is what 18 raquired for a 8ingle story house, so we need a variance. We
also want to put 4 seVen foot extension on the trout of the garage and a
Covered area on the lanai-These a180 require a variance.
We are checking ~ltb our neighbors to 8ee if you h4ve any comments or
objoctions.
Nallle Address For Against COllUllents
C'ft~Y WJh~-c l'l<CP~nD~ Fo~ ~Ptj)'1 1.- J-S)l)~IE-S
. t ~ / t
Vi '(J.ln (Q.. 0<:< (ftf- .;1.;)."\ fOJ(m<:.*o Fa r - k:>t 01\. t l" tHo ve
Vel "'4 it 01'\ J -
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Agenda Item No. 6C
I May 25, 2004
Page 7 of 11
- -
.
.
,-
Bob and Polly Garee
234 Falmetto Dune. Clr~le
Naples. FL 34113
774-7892-
w. want to put . second floor addition on our house which requires a
15 foot set back on the side lots. We currently have 10 foot or less which
13 ~hac 1s required for a single scory house. 80 We need a variance. We
also ~ant to put . seven foot extension on the front of the garage and &
cove~ed area on the lanai. These also require a variance.
We are checking with our netghbors to see if you have any c~nts or
objections.
Name Add~.88 For Against Comments
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Agenda Item No. 6C
May 25,2004
Page 8 of 11
,---,-- ,.- ~_.." ..--
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- .'
Bob and P 1
234 P 1 0 1y Caree
a JOetto Du
Naples n 34 nes C1n:le
. 113
774-7892
We want to
15 foot put a second f1
set back oor add1
1a what is On the side 1 tion On our h
0100 va.. .~.::~r'd for 0 01n8~=O;, V. curro.r1y h.~~~6w~tCh r,.uir.. 0
covered area on t:es~ven foot exten:~ house, 60 we need aoot or less wh1ch
ana!. These al n On the front of th variance. We
We are ch~cki 80 requt.e a varianc · garage and a
object10ns. ng with our ne1ghb e.
ora to sse if you b .
Ave any comme
n~8 or
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Agenda Item No. 6C
I May 25, 2004
. Page 9 of 11
Bob and Polly Garee
234 Palmetto Dunes Circle
Naplea I FL 34113
714-7892
We want to put a second floo~ addition on our house which requires a
15 foot eet back on the side lot.. We currently have 10 foot or less whIch
is what is required for a single story hou.e~ so we need * variance. We
also want to put a seven foot extension on the front of tbe gara&8 and a
covered area ontbe lansi. These also requires variance.
We are checkiog with our neighbors to see. if you have any comments or
objections.
Name Address For Against C01lllllentB
~ 6WI>l::>H P:u ?hJ1H~-l~ ~~ j ../
, ;. PJrS (I. JIIr ~Ja ~-3() fd lincJ/o !/
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Agenda Item No. 6C
May 25, 2004
Page 10 of 11
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NOT FOR CONSTRUCTION
NOT FOR DESIGN ST!lf:CT IIDIJNHS'
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COtoNUNITY PANEL 120067-D6~
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DRAWN 8'( ..$ 239 - 274--9~18 FAX 274-9~19 A
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.._-
--
~ COlliER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010
May 19, 2004
Mr. Peter A. Infanti
4100 29th Place SW
Naples, FL 34116
Re: Public Petition Request to Discuss Current Code Regulations Regarding the
Removal of Hazardous Trees
Dear Mr. Infanti:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 25, 2004, regarding the above referenced
subject.
- Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Roor of the W.
Harmon Turner Building (Building "F") of the govemment complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
JVMljb
cc: David Weigel, County Attorney
Joe Schmitt, C.D.&E.S. Administrator
---.
(~ Agenda Item No. 60
May 25, 2004
c 0 . r C 0 .. " t .y Page 1 of 4
-- ........,,-,,~ .'"'..,--.... ,....,. ,,"""K;"".'~ . ....- ---- -
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Please print MAY 1 t 2004
Name: , -
-
- -
Peter A. Infanti .1.4.-_ -
Address:
4100 29th Place SW
Naples. FL 34116
Phone: 239-354-3369
Date of the Board Meetinq you wish to speak: 5-25-2004
Please explain in detail the reason you are reauestina to speak (attach additional
paqe if necessary):
In the back of my home there is an Australian pine tree owned by my neighbor at
2971 41 st Street S W. This tree stands about 60 ft.. high and has large limbs that are
hollow and decayed. I fear that this tree or its limbs could fall on my roof or someone
in the yard. I called Code Enforcement, and they said that they cannot do anything
about it because that house was built before 1990. I believe that this is a potentially
hazardous situation that should not be allowed to exist because of a grandfather clause.
Please explain in detail the action you are askinq the Commission to take (attach
additional paqe if necessary):
I recommend that the County 100k at its 1990 rule and make changes. If a tree is a
problem. there should no time restriction on what year a home was built. Enclosed is a
COPy of a Notice of Violation issued by the City of Naples for a similar situation.
Please note that it refers to hazardous trees that are dead, dying or damaged. Also
enclosed are pictures of the tree in question. I am also concerned about the potential
damage to the domestic water line which is in close proximity to the tree and its roots.
My roof, solar panels and rain gutters are loaded with pine needles from this tree.
I recently replaced my roof, and do not want to see it damaged. I was informed by
Code Enforcement that if the tree falls, it is a civil matter.
H:\Public Petition Request Form.doc
Agenda Item No. 60
May 25, 2004
Page 2 of 4
--
... ~ REj::EXVED: --
51 4/04 7:25AM; ->CLUB BRITTANY; *337; PAGE 2
Way-0.-200. 08:28 F rOll-UN ITED lEAL THGRQUP
T-110 P.OO2/00S F-T58
CODE ENFORCE~N'l'
NOTICE OF VIOLATION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
WALTERS, DOUGLAS Re& CBARLOTIE
2175 eRA YTON RD
NAPLES, FL 341035071
Re: Code Enforcement Board - Case No. 04-00000929
Violation location: 2175 eRA YTON RD
Date violation found: March 17, 2004
Tbe above property has been found in violation of the code(s) listed on the attached.
The violation mu5t: be brought into compliance by March 26, 2004.
Code Enforcement Officer
OIL SHERBURNE Date: March 17, 2004
-r
Contact Number. 213-5030
FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN THE ISSUANCE OF A
NOTICE OF HEARING BEFORE THE CITY'S CODE ENFORCEMENT BOARD, A
CITATION, OR A NOTICE TO APPEAR IN COLLIER COUNTY COURT.
AFI'ER THE HEARING, THE BOARD MAY IMPOSE A MAXIMUM FINE OF UP TO
S250.00 PER INCIDENT (ORD. 86-4986) OR UP TO S500.00 PER DAY FOR REPEAT
VIOLATIONS.
. ~. . . _ .. . ~, .... .. _ . . '" Agenda Item No. 60. . .'
':~:"'" .....,;:. : ". '.- ..:.....'..:... .-.,;'.;...:::.:"..- ,'".' .'-'.'~ ':~'<::'::. -' ',,-:\. I' ~~~00:1..:'~
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__ ___'-'n
. . RE~EIVED: 61 4/04- 7:26AM; ->CLUB BRITTANY; N337; PAGE 3
Yay-04-2004 08:28 FrQI-UHITEO HEAlTHGROUP T-110 P.003/005 F-T58
~.a"V&~.'lo.""'" ....".",~.'-6-ot__ --.. - --- ....-
,~------------------------------------------------------------
,IOLATION: 106-255 (A) (22) QUANTITY: 1
ucSCRIPTION: Trees: HazardsCDead, Dying...) DATE: 3/17/04
LOCATION:
NARRATIVE :
About 6 australian pines o~ about twenty 50 foot high grove
have died and present hazard to ehe neighbors property as
well as to the power lines. Remove the dead pines.
ORDINANCE DESCRIPTION :
Sec. 106-255. Residential and commercial property
maintenance.
All premises shall be maintained in compliance with ehe
following standards:
(a) Standards for improved property:
(22)Trees. Trees shall be maintained or removed as follows:
a. Hazardous trees: Dead, dying, damaged or diseased trees
are prohibited. A finding by a registered fore~ter or
certified arborist employed by the city that a tree is in
danger of fall~ng upon an adjacent lot or street due to
death. disease or damage. including damage caused by
weather conditions, is prima facie evidence of a violation
of this section.
_.
CORRECTIVE ACTION REQUIRED :
Remove tree(s)
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-
Agenda Item No. 60
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EXECUTIVE SUMMARY
ADA-2004-AR-S363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates,
P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal
interpretation issued by the Director of the Department of Zoning and Land
Development Review that states building construction may not occur over the
common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West
PUD, which comprises :t 17.60 acres and is located in Section 18, Township 49
south, Range 26 east, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals review the Director's formal interpretation along
with other supporting documentation associated with the above referenced petition, and
then adopt (uphold) the interpretation, with or without modifications or conditions, or
reject the interpretation.
CONSIDERA nONS:
~ Division 1.6. of the Collier County Land Development Code (LDC) sets forth procedures
for submitting a request for an interpretation, authorizes the Director to render an
interpretation, identifies the process in which affected parties may appeal the Director's
interpretation, and authorizes the Board of Zoning Appeals (BZA) to render a final
determination regarding the Director's interpretation.
In a letter dated October 13, 2003, the agent for the subject property owner requested a
formal interpretation (INTP-2003-AR-4888) of the Pine Ridge Center PUD (Ordinance
No. 2001-08) and the Pine Ridge Center West PUD (Ordinance No. 2001-09).
Specifically, the agent asked whether the development standards contained in both PUDs
would allow a building to be constructed over the common PUD boundary when the
PUDs are under cornmon ownership. (The interpretation also dealt with other issues;
however, these issues are not part of this appeal.)
On January 5, 2004, the Director of the Department of Zoning and Land Development
Review issued the following interpretation.
"Development standards are provided in Section 3.4. of each PUD
ordinance. Specifically, side yards external to the PUD require a IS-foot
setback. The legal description for each PUD is specific and the
description delineates the boundary lines for each PUD, and each PUD
has an external side yard boundary and shares a common external side
yard boundary, all requiring IS-foot setbacks, therefore, it is my
~
Agenda Item No. 7 A
May 25, 2004
Page 1 of 75
--- ~__'M"__" ,,,,,,,,,.,,,,,,,,,,,,;,;,,,",.,,' >~. """,'" ,~..""
determination that a structure is prohibited from being constructed over
the common PUD boundary regardless of ownership."
On February 5, 2004, County staff received a request to appeal the Director's
interpretation regarding the above subject matter. The agent claimed that because of the
similarity of permitted uses, development standards, and infrastructure, both PUDs
should be viewed as a singular zoning district and the subject 15-foot side yard setback
from the PUD zoning boundary should not be applicable.
Pursuant to Section 1.6.6. of the LDC, the BZA shall consider the interpretation of the
Director and public testimony in light of the Growth Management Plan, the Future Land
Use Map, the code or official zoning atlas, whichever is applicable. The BZA shall adopt
the Director's interpretation, with or without modification or conditions, or reject the
interpretation. The BZA is not authorized to modify or reject the Director's interpretation
unless such Board finds that the determination is not supported by substantial competence
evidence or that the interpretation is contrary to the Growth Management Plan, Future
Land Use Map, the code or the official zoning atlas, whichever is applicable.
FISCAL IMPACT:
This petition will have no fiscal impact on Collier County.
,-""'.......
GROWTH MANAGEMENT IMPACT:
This petition will not affect or change the requirements of the Growth Management PIan.
STAFF RECOMMENDATION:
Staff recommends that the official interpretation (INTP-2003-AR-4888) rendered by the
Director of the Department of Zoning and Land Development Review concerning certain
development standards for the Pine Ridge Center PUD and Pine Ridge Center West PUD,
be upheld.
......._"
Agenda Item NO.7 A
May 25, 2004
Page 2 of 75
.----
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 7A
Item Summary This item continued from the April 27,2004 BCC Meeting. ADA-2004-AR-5363,
D, Wayne Arnold, AICP, of Q, Grady Minor & Associates, PA. representing
Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued
by the Director of the Department of Zoning and Land Development Review that
states building construction may not occur over the common boundary of the
Pine Ridge Center PUD and the Pine Ridge Center West PUD, which
comprises + 17.60 acres and is located in Section 18. Township 49 South,
Range 26 East, Collier County, Florida.
Meeting Date 5/2512004 900:00 AM
Approved By
Michele R. Mosca, AICP Principal Planner. AICP Date
Community Development &
Environmental Services Zoning & land Development Review 4/29/2004 4:23 PM
Approved By
Ray Bellows Chief Planner Date
Community Development &
Environmental Services Zoning & Land Development Review 4/29/20045:31 PM
- Approved By
Susan Murray, AICP Zoning & land Development Director Date
Community Development &
Environmental Services Zoning & land Development Review 4/29/2004 4:21 PM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 4/29/2004 8:24 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 4/29/2004 4:27 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/3/20048:18 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/4/2004 8:33 AM
- Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office AgendcP~N~.31Il.M
May 25 2004
Page 3 of 75
..._,------,-- ~._-_._''',.,,',"..'~
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-
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Planning Services Department. 2800 North Horseshoe Drive. Naples. Florida 34104
January 5, 2004
Mr. D. Wayne Arnold. AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
--
RE: INTP-2003-AR-4888 Request for official interpretation to determine if certain land uses and
development standards are permitted by the Pine Ridge Center and Pine Ridge Center West Planned
Unit Developments (PUDs).
Dear Mr. Arnold:
In your letter dated October 13, 2003, you requested an official interpretation of the Pine Ridge Center PuD and
the Pine Ridge Center West POO. Specifically, you asked whether ~Qth Pun ordinances permit general
painting contractors (Industry No. 1721); whether indoor warehousing self-storage (Industry No. 4225), and
automobile dealership (Industry No. 5511) are uses comparable in nature to other permitted uses within each
Pun and thereby deemed permitted uses; and, whether a building can be constructed over the common Pun
boundary when the PUDs are under common ownership. The following is my analysis and determination.
, The Pine Ridge Center PUD and Pine Ridge Center West PUD are located within an Interchange Activity
Center in Section 18, Township 49 South, Range 26 East. The Pine Ridge Center pun is 8.79 acres, was
adopted by Ordinance No. 2001-08, and allows 100,000 square feet of commercial development. Pine Ridge
Center West PUD is 8.87 acres, was adopted by Ordinance No. 2001-09, and allows 100,000 square feet of
commercial development. Each PUD is divided into three development areas; Area A is restricted to open
space and stormwater management; Area B permits commercial development ranging from neighborhood
commercial (C-l through C-3) uses to limited heavy commercial (C-5); Area C permits primarily neighborhood
commercial uses and limited general commercial uses (C-4).
Interpretation No.1: Section 2.7.3.3. of the Land Development Code (LDC) provides, in pertinent part, "...the
master plan for development, the PUD document and all other information and materials fonnally submitted
with the petition shall be considered and adopted as an amendment to the zoning code and shall become the
standards for development for the subject PUD... " Each PUD was adopted with a master plan; Section 3.3. of
both PUD ordinances sets forth a list of permitted principal commercial uses allowed as of right in Areas B and
C; and, Section 3.3.B.4. of both PUD ordinances allows "painting and paper hanging" (Industry No. 1721),
which inCludes uses such as, "house painting-contractors," and "painting bf buildings and other structures,
except roofs-contractors." Accordingly, it is my determination that "general painting contractors of residential
and non-residential buildings" is a permitted use as of right in development Area B in each PUD.
c~7 Agenda Item No. 7 A
c 0 " y c 0 w M t; May 25, 2004
.y Page 4 of 75
Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net
~
~
-,
Mr. D. Wayne Arnold, AICP
- - Page 2
January 5,2004
Interpretations 2 and 3: Sections 3.3.B.6. and 3.3.C.19. of each PUD ordinance permits" Any other
commercial use or professional service use which is comparable in nature with the foregoing uses." Each PUD
pennits commercial uses ranging in intensity and includes: retail, financial, professional, personal, and
construction. The uses requested as comparable to the principal permitted uses in each PUD are auto sales
(Motor Vehicle Dealers, Industry No. 5511) and indoor warehousing self-storage (General Warehouse and
Storage, Industry No. 4225).
Auto sales (Industry No. 5511) is a retail use allowed in the C-4 and C-5 zoning districts categorized by the
open storage of vehicles, both new and used. Routinely these auto sales faciliti~s have service areas for repairs
and accessory merchandise sales areas. Although each PUD allows retail uses, including auto supply stores,
auto repair and outdoor storage uses are not allowed by these PUDs nor are these repair and storage uses
comparable in nature to the uses pennitted in each PUD. Further, the retail uses permitted in these PUDs sell
smaller items and store the merchandise inside buildings; and most sell items purchased on a more frequent
basis and at far less cost than an automobile. Retail uses listed in the PUDs are apparel and accessory stores;
auto supply stores; food stores; general merchandise stores; home furnishings and equipment stores;
miscellaneous retail stores (drug stores, sporting goods, camera stores, florists, optical goods); and pain~ glass,
wallpaper, hardware and lawn and garden supply stores. The information submitted by the petitioner, including
a narrative and trip generation comparisons, reveals that the uses may be compatible, given the development
restrictions imposed in the PUD ordinances, however, does not demonstrate that they are ..... comparable in
nature..." to the uses permitted in each PUD.
--
General warehouse and storage (Industry No. 4225) is categorized as the storage of special products, such as
household goods, automobiles (dead storage), furs, textiles, whiskey, and goods at foreign trade zones. As
noted above, each PUD allows a variety of retail commercial uses plus office, personal service, construction
contractor, and repair service uses; however, none of these uses are similar or "comparable in nature" to .
warehousing. Again, the information submitted by the petitioner reveals that the uses may be compatible with
the principal permitted uses in each PUD, but does not demonstrate that they are comparable in nature to the
uses permitted in each PUD.
Interpretation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side
yards external to the PUD require a 15-foot setback. The legal description for each PUD is specific and the
description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and
shares a common external side yard boundary, all requiring 15-foot setbacks, therefore, it is my determination
that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership.
Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt
requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property
will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be
advertised in the Naples Daily News.
Within 30 days of receipt of this lc~tter, or within 30 days of publication of the public notice, any affected .
property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning
Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property
- lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is
defined as any pelliO" or group of pellions, which will suffer an advellie effect to an inte~lf~
furthered by the Collier County Growth Management Plan or the Land Developm~~ ~ r an
a ,
Page 5 of 75
. . ---,._--
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~ .
. ..
Mr. D. Wayne Arnold, AICP
Page 3
January 5, 2004
appeal must be filed in writing and must state the basis for the appeal and include any pertinent information,
exhibits, or other back-up information in support of the appeal.
The 8Ppeal must he accompanied by a $500.00 application and processing fee. If payment is in the form of a
Ch>_I.. :. ."11 .du r,e made out to the Collier County Board of Commissioners. An appeal can be hand delivered
or [.,:tikd \0 my attention at the address provided.
--
Plea"e do not hesitate to contact me should you have any further questions on this matter.
Sincerely,
~.)'_'-;UVl ~
Susan Murray, AICP, Interim Director
Department of Zoning and Land Development Review
,
Cc: Collier County Board of Commissioners
Jim Mudd, County Manager
Joseph K. Schmitt, Administrator, Comm. Development & Env.services Div.
Michele R. Mosca, AICP, Principal Planner
Alamar Smiley, Permitting Supervisor
Marjorie M. Student, Assistant County Attorney
Patrick G. White, Assistant County Attorney
Agenda Item No. 7 A
May 25, 2004
Page 6 of 75
. ..
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors . Planners
-,
Q. GRADY MINOR. P.E. D. WAYNE ARNOLD, A.I.C.P.
MARK W. MINOR. P.E. ROBERT MOOS" TI-IINNFS, A.I.C.P.
C. DEAN SMITH, P.E. THOMAS J. GARRIS, P .s.M.
DA VlD W. SCHMTIT, P.E. STEPHEN V. BURGESS, P.s.M.
MICHAEL J. DELATE, P.E. MIrnAEL L HARMON, P .s.M
NORMAN J. TREBILCOCI<, A.I.c.P., P.E. ALAN V. ROSEMAN
MATTIIEW J. HERMANSON, P.E.
February 5, 2004
ADA-2004-AR-5363
PINE RIDGE CENTER PUD
PROJECT #19990239
DATE: 219/04 DUE: 2/23/04
Ms. Susan Murray, A.LC.P., Director MICHELE MOSCA
Collier COlDlty Department of Zoning and Land Development
2800 North Horseshoe Drive
Naples, FL 34104
RE: Appeal of Formal Interpretation: INTP-2003-AR-4888
Pine Ridge Center PUD and Pine Ridge Center West Pun
Dear Ms. Murray:
.- Pursuant to Division 1.6 of the LDC, this correspondence shall give us our formal request to appeal
the Planning Director's interpretation (INTP-2003-AR-4888). Enclosed please find a check in the
amolDlt of $500.00 for the appeal application and processing fee. Specifically, the appeal relates
only to that portion of the Interpretation in which the Planning Director has opined that building
construction may not occur over the common Pun boundary of the Pine Ridge Center Pun and
Pine Ridge Center West PUD.
The commercial planned developments are commonly owned by Pine Ridge Investors of Naples,
Inc. Ordinances 2001-08 and 2001-09 are identical in every respect. All uses, development
standards and conditions are the same in both pun's, and further, both pun's have through their
common conceptual master plan, demonstrated that basic infrastructure such as vehicular access and
water management are shared for both properties. These master plan features clearly contemplate
the common development of both pun's. In the context of the identical Pun docwnents and
master plans, the properties may be viewed as two parcels having common ownership and zoning.
For example, if the parcels were zoned C-4, and a common site plan was submitted to construct a
building across the common C-4 zoning line of the parcels, staffwould, and does commonly permit
such building construction over the conunon zoning boundary.
With specific reference to these properties, it is the intent of the owner to construct a single office
building across the common Pun boundary to support the corporate offices for Kraft Construction.
Because of the similarity of permitted uses, development standards, and in:frastruc~ ~~{UD' s
should be viewed as a singular zoning district. , V E D
. , .. "
-- , ' f
"
(239) 947-1144 . FAX (239) 947-0375. E-Mail: engineering@grad~~~ltem No.7 A
3800 Via Del Rey Bonita Springs, Florida 34134-7569 EB/LB 0005151 pi ~5f ~?~~
F:\JOBIJ<PRDD\WA'SM4020SL.doc: 9 KPROD
-- ~,",~..,~._",",,-..._.._,~-"_~ -"-,,_.., --.-
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I
!
Ms. Susan Murray, A.I.C.P., Director
Re: Appeal of Fonnal Interpretation:INTP-2003-AR-4888
Pine Ridge Center PUD and Pine Ridge Center West PUD
February 5, 2004
Page 2
A site pIan for the singular building would be submitted for approval by Collier County. Based on
the commonality of property ownership, land uses, development standards, access, and water
management system, it seems logical to conclude that the 15' setback from the PUD boundary
(internal) should not be applicable, and that the properties should be viewed as having common
zoning designations for purposes of this interpretation.
As part of this appeal, we wish to reserve the right to provide supplemental information in support
of said request. We also would respectfully request a meeting with you and other appropriate staff
at your earliest opportunity to further discuss this matter.
Enclosed, please fmd a copy of the property deeds which demonstrate the common ownership of
both properties.
Sincerely,
0.Wk,_~
D. Wayne Arnold, AICP
DWA:dr
Enclosures
cc: Fred Pezeshkan
Dick Grant
Agenda Item No. 7 A
May 25, 2084
Page 8 of 75
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~ fbno~ hdtrolll_[ wu sckolO....lcde:cd tI- ~ lhb ~ Dc:loembQr'. ,20 ~ ; ."\if",'"
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'Notary PW:>J.:i.o
My coiJnntman ExpiTca; PATRICIA M. LAWLEY. Attorney
STATE OF ohio L J\, NOTARY PUBLIC, STATE OF OHIO
COlJNrY O~ C V\.l fh'-U 0.. Q.. / ~ My Commission Has No &pIr. Date
The CotllgoUac ma.nmimf ""CUI :l~!.edl:W bofo>n) mil dliM c.--- day 01' Pec~.C. SectIon 142.0>>3 by
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My CommlaaJon &p;n:s: PATRICIA M. LAWLEY, Attorney
NOTARY PUBUC, STATE OF OHIO
My CommiS6lon Has No Elqlit. Dale
ORC. Section 147.Q3
, 1 "'::s07 u-...........""..DlI!t!.y~--~ ~n)'"Msu__F1.wt>4 Agenda Item No. 7A
May 25, 20(}4
Page 10 of 75
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- ~ The ~ onl>-haJf(E ~} ~fthe"\Vest One~ha1f cW ~) of the Northeast one..~ -(NE y.f~thl: ~
Nortbwcst one-q\18rtO: (NW ~) of Set-tion 18, Towmhip 49 SoUth, Range 26 But, eo.u=
County, F1and&, IIlDtC particularly dOSChocd 1I8 follows: '
i '. t , "\,. 'fhstp,orl1on otthc Elrsthalfcftbe West ~lf ofths ~~.tJftlio NorihweBtQUll1tl:%of "'
. ~ Section 18, 'ToWllshlp 49 SOllth, Range ~ East Collier county, Florida, 1)d.ng. .south of Pine . '.~' '.~, .
Ridie Road a.R. No. 896. bein'g mOle parocu1m-ly deserI'bed as fonows:
CcmIm::nu at the Northwest comer of SecUon 18, T~p 49 South. Range 2(i East, Collier ,
County, Flcrlda&.the.nce run Nanh 890 33' 39" East alcmg tb.: North line of said. Section ] & for a
dimmc~ of 1,608.34 feet to tho North~ comer of' !be Eas\ half of the West hlllf' of the
Nartbea!t quarter of the Nmthweat quam::r of add Section 18: thence J'UD South 00. 21' 48" East'
along 'the Wesfline of the Ean half of 1lJe West 'half of tlLc Ncrthcast quarter ot the Northwest
q1Wta' ofBiid Section 18 for It distance of 139.47 feet to the Southerly rlgbtwof-'Vay 1in~ ofStatc
. Road No. g..S9lf (Pin!: lUdge Road). a 150.00 foot rigbt-of.way, aJ the same is shown on ilorlda
Department ot'Transportation Right-ofway Map for Btste RQad No. 8.896, SeaionmS04-2603,
Collier County, Shoets 5 and 6 of J3. and the POlNT OF BEGINNING of the p8It'A1 orland
. hermn desm:ibed; thbnce oontin\R South 00. 21' 48" iast along th8 West lme of the Eat half of
1M Westhalfof1hc Northeast quartet oftbeNorthwe&t qOl'l1.erofsaid Section 1& for II dlstanoc
. oq,] ~O. ~7. f~t~.th~_S~ c~ ~ftho:Bast ~~f~~...'Yt'.l?~~_<?f~ ~~11:'!,~...
of1hB Northwc~quarlcr nfsaid Scction 18; thcnr::c r\ln North 89- 34' 37' Eist al-ouathe SDuth
line: of the East b!Il1 (If tho Wm half of tht Northeast qUarter' ,of the Northwe1R qumtcr of ssid
. SGCtion 18 for a distance of'324.14 feet to 1he Soutbeut comer of The Bast bsJf of tho WeJt lmf
,It. t- of the Northeast qUIUtCr of the Nmthwest qUBrter of said Sec1icm lBi thence ron Noith 000 23.
II" WM dong d1D Em lin., of tho East half of the West half of the NoK\leQt ~ of tha
- No:rthweat quarter of said Stttion 18 forJl distance af 1,170.39 feet to Il point on a t:iicWar cwve
, ':. '" -'. t:onosva to the 'N~ "whose radius poinfbcazs North OOQ 11' 04.7" Weal a di~ Gf 5,804.58'. I
feet t1'wefmm, said wml beh:lg t1m Southerly rlght--of.way line of the; ~l'!fttinN!l\ Sua
Road No. s..896; 1hcncc run Wcmerly along sasd cUJV~ tot he righ~ the 8B.Jnc being thr: Southerly
righvof-way line of State Road No. S-896J baYing B radi1l9 of 5,804.5' feet, ~ ~ ~
angla of 03. 11' 4~.5" for an arc distarJce of 323 .87 feet to the POINT Of BeGINNING, ," ~
LESS AND EXCEPT:
. .
, , -", ..I A pa:rcc:1 oflaud 1yiug fa SllCtion 18, To1lYl1Ship4't Soadt, Range 2:& East, CoJ1ler.Cdrmtt. 'Plorida . ,
and bci:nS more psrticu1mly dc8cribe4 Il8 follows: .' , ".
" Commt\IJCiag at the Northwest corner of said Section 18; thence North 89 cJesreea 34 iuhDnel36 .
seconds Bast along the nonh line of said Section 18, e. distan"", of 1612.20 feet; tbenca Somb 0 I
degRCl 24 xnirndos 34 seconds East, a diJUlnce of 139.59 feet 10 the POINT ~ BBGINNlNG;
mUd Polm a1Bo lying on thv South righ1o-ot~way 1iaD of"Piue Ridge R.oad (c.R. 896) &md ~ 'the
bogirmlu& off. non-tIlDIcmtcurve, toDC&VO to tho North, having ~ radbu ofS904.51 f=t. a temral
ang1~ Df 3 degrees 11 tnin'UU!. 08 scconda, and a r:hord of 322.158 feet 'bcadq South 88 degmat
35 minutes O~ IICll:'.OXUh East; "thence East alang sllid ourvo. a diltance of 322. 7.3 feet; thc::occ: South
o dcgrC" 26lIJim.rtes 17 sBCODdl But, a dbtau.~" of 3$,00 fed to .the point of CUM1\JI1: of a ncn.
tangent curve. concave to the North, having a radius 01'5839.58 feet, a central ang~ of! dogrees
]0 minUIe5 00 seconds, imd a cJlord of 322.70 fHt bearing North S8 deplOl.35 nWoGe8 43
seconds West; thence West along said curve, 11 distance of 322,14 feet; thence Nri 0 degrees
24 minutes ~6 seconds West, a distance 005,06 f6Btto the POINT-Ol' BEGINNING.
01
-- . .
Agenda Item No. 7 A
May 25, 2064
Page 11 of 75 "
,..~-".. .. '._......"".__._----'<....~-_..",-- ""~'"
..,-.
rtl5. ~. LUUq IU:LbAIVl \:JKMI, r K ! lJ 1\ 1 N, t I fI L NU. 0':l't0 r. ,
~RANT FRIDKIN. r.\.,~H:;'UI'l. 3316421 OR: 3468 PG: 1946
~ ATHAN & CRC'i.;~\l. P.A.
. 5551 Ridgewood Pll\'l Suite 501 RBCORDBD 1n OPlICIAL RlCORD! of COLH!i COlJK'lY, PL
;o~ Naples, Flonda 341 08 12/19/2003 at 02:3GPK niIGH! I. BROCK, CLBRI
\") , CONS 2625000.00
RlCPIB 15.00
~ ~f"\. This Instrument Prepared By: DOC-.10 19J75.00
\ John Paulich m, Esq. Retn:
~IJ; Paulich Slack & Wolff, P.A. GRAN! fJUllUI BT AI.
801 Anchor Rode Drive, Suite 203 5551 RIDGBIOOQ D1 'SOl .,
HAPLiS PL 34108 ~
Naples, FL. 34103
Parcel LD. Nwnber(s): 00287400009
.?'''#..
TIDS WARRANTY DEED made the I - day of December, 2003, by
ANTHONY F. JANCIGAR, individually, and as Trustee of that certain
unrecorded Trust Agreement 88429.1~
hereinafter called the Grantor, to
PINE RIDGE INVESTORS OF NAPLES, LLC, a Florida limited liability
company
whose postoffice address is: 2606 South Horseshoe Drive
Naples, FI.. 34104
hereinafter called the Grantee,
WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells.
aliens, remises. releases, conveys and confmns unto the Grantee, all that certain land situate in
Collier County, Florida, viz:
See PARCEL 1 of Exhibit "A" attached hereto
GRANTOR WARRANTS Tms IS NOT HOMESTEAD PROPERTY OR CONTIGUOUS
THERETO. TmS IS VACANT LAND.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
To Have and To Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that rhe Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land; that the Grantor hereby fully warrants the title to said land and will defend the same against the
Agenda Item No.7 A
May 25,2064
Page 12 of 75
~ t~, ? LUU4 1U:LoAM tjKAN I. ~ Kill" 1 N, t I AL NV. tl'14tl r. tl
. OR: 3468 PG: 1947
- lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to December 31, 2003; and subject to all easements, restrictions and
reservations common to the subdivision.
In Witness Whereof, the said Grantor has signed and sealed th~se presen~s the day and year ~
first above written.
Signed. sealed & delivered
in our presence:
~ ~ .J!L_t;; "
w: ess #1 Signature
tr/Ze'l ".uSh) S/L~G:1''77U1
Witn #1 Printed N arne.
~~
w~s Sma}t?
/'iO " AC ( /.-1-/14
Witness #2 Printed Name
-
STATE OF FLORIDA
COUNTY OF COUlER
The foregoing instrument was acknowledged before me 9<r' lAy of December. 2003,
by Anthony F. Jancigar, individually, and as Trustee, w is personally known to me or ( )
produced driver's license as identification.
~~
Notary Public
My Commission Expires:
~~ NAM;Y K.MM: UlUAN
W MY COUUISSla4.CC989tt1
. . EXPIRES: M1b/IlIIy 5. 2C05
IlolIded '"'" NIIIIlY I'UlIIt lII!da........
,..-
Agenda Item No. 7 A
May 25, 20G4
Page 13 of 75
~,_,~--_,_----'"~"~'-"-~'--'
rt~, J. iUV4 IU:iOAM \iI<ANI, t-l<lUl\lN, tl AL NV. tl'J4b t'. I
~ *** OR: 3468 PG: 1948 ***
I
"
EXH1Bl1:: lJ A~
.
,ABCEL 1:
West K of West ~ ofNortheasl y. ofN~Weslll. of SectioD 11, ToWDShip 49 S, Range 26 Ii.
.c()}ller Col2D.ty, Florida. "\ '. . -
LESS AND EXCEPT:
- ...
A pEIrCe! ofIand lying in Seetion I a, Township 49 South, Range 26 East, Collier CoU2Jt)'> Florida
and behsg rnole ~culady descnDed as fc![ow.s~
COmDlCJlU at the Nonhwcst Comer ofsaid Sctticm 111 thalce run N 89"34' 3ee B 1289.16 feet;
thence S 000 22" 55" B 111.47 feet 10 me POINl OF BEGINNING of the parcel ofllmCl
s: ,. "fI h~ described, I18id point &160 being CD h South llisbt of Way Unc DfPb B.idp Road
(CR 896); theaCl S 141 20' 44" B 5S70 feet 'to B point of~ ~ 'ai~ t C'~ to the left
baving usdias ufS804.58 feet, a cen1Dl angl~ of20 38' 45JS, PI m lcugtb o~2.6~05 &et and 8. .
chord whfcl1 bem S 85D 40' 031' E to a point on B 11000.tangent1alline; 1hance S ooD 24' 36" E
3SJ)6 feet 10 a poSn1 on au nOll-umgential ~ thence B1oD81 curvc: 1D ~ right haviq I radius
or S839,58 feet, B central angle: of 20 39' 59", BIl m.length ot271.16 feet ad a-chonJ wbic::b
bees N 850 40' 43" W to a point on il tangential J~j tbeDce N ocr 22' 55" W 35.46 fed: to the
POINT OF BEOlNNlNG. contAitdng 11,331 Iquam feet, DUP or less.
..... .
Agenda Item No. 7 A
May 25, 2034
Page 14 of 75
-
COLLffiR COUNTY GOVERNMENT
Community Development and Environmental Services Division
Planning Services Department. 2800 North Horseshoe Drive. Naples, Florida 34104
o-
January 5, 2004
Mr. D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
RE: INTP-2003-AR-4888 Request for official interpretation to determine if certain land uses and
development standards are permitted by the Pine Ridge Center and Pine Ridge Center West Planned
Unit Developments (PUDs).
Dear Mr. Arnold:
In your letter dated October 13, 2003, you requested an official interpretation of the Pine Ridge Center PUD and
the Pine Ridge Center West PUD. Specifically, you asked whether both PUD ordinances permit general
painting contractors (Industry No. 1721)~ whether indoor warehousing self-storage (Industry No. 4225), and
automobile dealership (Industry No. 5511) are uses comparable in nature to other permitted uses within each
PUD and thereby deemed permitted uses~ and, whether a building can be constructed over the common PUD
boundary when the PUDs are under common ownership. The following is my analysis and determination.
The Pine Ridge Center PUD and Pine Ridge Center West PUD are located within an Interchange Activity
Center in Section 18, Township 49 South, Range 26 East. The Pine Ridge Center PUD is 8.79 acres, was
adopted by Ordinance No. 2001-08, and allows 100,000 square feet of commercial development. Pine Ridge
Center West PUD is 8.87 acres, was adopted by Ordinance No. 2001-09, and allows 100,000 square feet of
commercial development. Each PUD is divided into three development areas; Area A is restricted to open
space and stormwater management; Area B permits commercial development ranging from neighborhood
commercial (C-l through C-3) uses to limited heavy.commercial (C-5); Area C permits primarily neighborhood
commercial uses and limited general commercial uses (C-4).
Interpretation No.1: Section 2.7.3.3. of the Land Development Code (LDC) provides, in pertinent part, "...the
master 'plan for development, the PUD document and all other information and materialsfonnally submitted
with the petition shall be considered and adopted as an amendment to the zoning code and shall become the
standards for development for the subject PUD... " Each PUD was adopted with a master plan~ Section 3.3. of
both PUD ordinances sets forth a list of permitted principal commercial uses allowed as of right in Areas B and
C~ and, Section 3.3.B.4. of both PUD ordinances allows "painting and paper hanging" (Industry No. 1721),
which includes uses such as, "house painting-contractors," and "painting of buildings and other structures,
except roofs-contractors." Accordingly, it is my determination .that "general painting contractors of residential
and non-residen.tial buildings" is a permitted use as of right in development Area B in each PUD.
,,-
l~j. Agenda Item No. 7 A
c 0 .. T C 0 ... 11 ~ Y May 25, 2084
Page 15 of 75
Phone (239) 403-2400 Fax (239) 643-6968 www.coJliergov.net
-'-'~'~"""~--"""'-"~'''''~-'~'''- _"'._..o._.__..."~.",_~__."__.,+,,.. .,_~
Mr. D. Wayne Arnold, AICP
Page 2
January 5, 2004
Interpretations 2 and 3: Sections 3.3.B.6. and 3.3.C.19. of each PUD ordinance permits" Any other
commercial use or professional service use which is comparable in nature with the foregoing uses." Each PUD "
permits commercial uses ranging in intensity and includes: retail, fmancial, professional, personal, and
construction. The uses requested as comparable to the principal permitted uses in each PUD are auto sales
(Motor Vehicle Dealers, Industry No. 5511) and indoor warehousing self-storage (General Warehouse and
Storage, Industry No. 4225).
Auto sales (Industry No. 5511) is a retail use allowed in the C-4 and C-5 zoning districts categorized by the
open storage of vehicles, both new and used. Routinely these auto sales facilities have service areas for repairs
and accessory merchandise sales areas. Although each PUD allows retail uses, including auto supply stores,
auto repair and outdoor storage uses are not allowed by these PUDs nor are these repair and storage uses
comparable in nature to the uses permitted in each PUD. Further, the retail uses permitted in these PUDs sell
smaller items and store the merchandise inside buildings; and most sell items purchased on a more frequent
basis and at far less cost than an automobile. Retail uses listed in the PUDs are apparel and accessory stores;
auto supply stores; food stores; general merchandise stores; home furnishings and equipment stores;
miscellaneous retail stores (drug stores, sporting goods, camera stores, florists, optical goods); and paint, glass,
wallpaper, hardware and lawn and garden supply stores. The information submitted by the petitioner, including
a narrative and trip generation comparisons, reveals that the uses may be compatible, given the development
restrictions imposed in the PUD ordinances, however, does not demonstrate that they are "... comparable in
nature..." to the uses permitted in each PUD.
General warehouse and storage (Industry No. 4225) is categorized as the storage of special products, such as
household goods, automobiles (dead storage), furs, textiles, whiskey, and goods at foreign trade zones. As
noted above, each PUD allows a variety of retail commercial uses plus office, personal service, construction
contractor, and repair service uses; however, none of these uses are similar or "comparable in nature" to
warehousing. Again, the information submitted by the petitioner reveals that the uses may be compatible with
the principal permitted uses in each PUD, but does not demonstrate that they are comparable in nature to the
uses permitted in each PUD.
InteIl'retation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side
yards external to the PUD require a IS-foot setback. The legal description for each PUD is specific and the
description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and
shares a common external side yard boundary, all requiring IS-foot setbacks, therefore, it is my determination
that a strUcture is prohibited from being constructed over the common PUD boundary regardless of ownership.
Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt
requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property
will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be
advertised in the Naples Daily News.
Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected
property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning
Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property
lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is
defined as any person or group of persons, which will suffer an adverse effect to an interest, protected or
furthered by the Collier County Growth Management PIan or the Land Developm~~'lt~stf\:>r an
May 25, 2064
Page 16 of 75
.
- Mr. D. Wayne Arnold, AICP
Page 3
January 5, 2004
.-
appeal must be filed in writing and must state the basis for the appeal and indude any pertinent information,
exhibits, or other back-up information in support of the appeal.
The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a
check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered
or maikJ to my attention at the address provided.
PI ease do not hesitate to contact me should you have any further questions on this matter.
Sincerely,
~
Susan Murray, AICP, Interim Director
Department of Zoning and Land Development Review
-
Cc: Collier County Board of Commissioners
Jim Mudd, County Manager
Joseph K. Schmitt, Administrator, Comm. Development & Env.Services Div.
Michele R. Mosca, AICP, Principal Planner
Alamar Smiley, Permitting Supervisor
Marjorie M. Student, Assistant County Attorney
Patrick G. White, Assistant County Attorney
.--
Agenda Item No. 7 A
May 25, 2084
Page 17 of 75
-'~_"M;'"',"'_'<___'.___". ......- _____v"~,,_.. ''" , '___"'_><'~_______'~"_""~W
-~---
~
- .
~ ." . ,
.
. .
ORDINANCE 2001-~
~ " .
.
AMENDING ORDINANCE ,
AN ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND ~.' :. ~,
DEVELOPMENT CODE, WHICH INCLUDES THE " ,
.- , . .)
COMPREHENSIVE ZONING REGULA nONS FOR d
. , )
THE UNINCORPORATED AREA OF COLLIER -
COUNTY, FLORIDA, BY AMENDING THE .~~~.' . \ . ;..\
'v,''\
OFFICIAL ZONING A TI..AS MAP NUMBERED 96 I 8N >'
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "POO" PLANNED UNIT DEVELOPMENT
KNOWN AS THE PINE RIDGE CENTER PUD, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
PINE RIDGE ROAD (C.R. 896) APPROXIMATELY
660 FEET WEST OF WIUPPOORWILL LANE, IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; BY
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 98.31 AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, William L. Hoover of Hoover Planning & Development, Inc., representing Peter
and Mark Longo, petitioned the Board of County Commissioners to change the zoning classification of
the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 18, Township
49 South, Range 26 East, Collier County, Florida, is changed from npuo" to "PUD" Planned Unit
Development in accordance with the POO Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-31, known as the Pine Ridge Center POO, adopted on April 28, 1998 by
the Board of County Commissioners ofeollier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Depanment of State.
--
- -~----------
i;(TP~3-AR-4888
~j1jO.7A
PRO Y 25 2004
DATE: iOn ~~ of 75
-1- MICHELE M
-, ~--
-"
~
..
..
- .
........
PINE RIDGE CENTER PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
PETER AND MARK LONGO
CIO OHIO SEALANTS, INC.
7405 PRODUCTION DRIVE
MENTOR, OHIO 44060
PREPARED BY:
WillIAM L. HOOVER, AICP
HOOVER PLANNING & DEV'I INC.
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
DATE FILED July 24.2000
DATE REVISED February 12. 2001
DATE REVIEWED BY CCPC February 1. 2001
DATE APPROVED BY BeC February 27. 2001
ORDINANCE NUMBER 2001-08
~'-",.
Agenda Item No. 7 A
EXHIBIT "A" May 25, 2004
Page 19 of 75
I
,
,."--,._---,>"._~~~ "'..-.., -" ." -'--.~~ .. .._,~..".~ _.H._.___
\
.
.
T ABLE OF CONTENTS
PAGE
TABLE OF CONTENTS I
LIST OF EXHIBITS II
STATEMENT OF COMPLIANCE 1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III COMMERCIAL AREAS PLAN 7
SECTION IV DEVELOPMENT COMMITMENTS 12
i
Agenda Item No. 7 A
May 25, 2004
Page 20 of 75
'.
....-..
LIST OF EXHIBITS
EXHIBIT A PUD MASTER PLANIWATER MANAGEMENT PLAN
EXHIBIT B BOUNDARY SURVEY
EXHIBIT C COMPOSITE MASTER PLAN
EXHIBIT D PERMITTED BUILDING DESIGN
EXHIBIT E PERMITTED BUILDING DESIGN
EXHIBIT F PERMITTED BUILDING DESIGN
-
-
ii
Agenda Item No. 7 A
May 25, 2004
Page 21 of 75
^. ,-"~~ ---.--.,
,
,
ST A TEMENT OF COMPLIANCE
The development of approximately 8.73 acres of property in Collier County, as a
Planned Unit Development (PUD) to be known as the Pine Ridge 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. The commercial facilities of the Pine Ridge
Center PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the Interstate Activity Center Land Use
Designation as identified on the Future Land Use Map, as described in the
Activity Center Subdistrict of the Urban - Commercial District in the Future Land
Use Bement. The Future Land Use Element permits commercial land uses in
this area.
2. The subject property is located approximately 3/4 mile west of the intersection of
1-75 and Pine Ridge Road which makes it an integral and important part of the
overall development of the southwest quadrant of the interstate land uses, as
permitted by the Future Land Use Element.
3. 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.
4. The project Development is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the Future Land Use
Element.
6. The Project shall be in compliance with all applicable County regulations
including the Gro~ Management Plan.
7. 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 3.1 of the Future Land Use Element.
1
Agenda Item No. 7 A
May 25, 2004
Page 22 of 75
.
-
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Pine Ridge Center PUD.
1.2 LEGAL DESCRIPTION
That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest
1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida,
lying south of Pine Ridge Road.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Peter Longo and Mark Longo
"-" c/o Ohio Sealants, Inc.
7405 Production Drive
Mentor, Ohio 44060
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located in the southwest quadrant of the
intersection between Pine Ridge Road and Whippoorwill Lane,
approximately 3/4 mile west of 1-75, in the unincorporated area of Collier
County, Florida.
B. The property is currently vacant The entire Project site currently has
PUD Zoning and is proposed to be rezoned to PUD.
1.5 PHYSICAL DESCRIPTION
The Project site is located within the 1-75 canal basin as shown on the Collier
County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the
1-75 canal system. The Project will be designed for a storm event of 3-day
duration and 25-year return frequency as well as water quality in accordance
with the Rules of South Florida Water Management District.
- 2
Agenda Item No. 7 A
May 25, 2004
Page 23 of 75
_...____..__....,.~___'_.~.M.~~_......_.._.._. 'm__ ,...~..._,..,.,~_. _..__._-,~"
.
.
Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The
site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM
Pane1#120067 0425 D).
The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier
County Soil Maps. The approximate northern half of the site has been
previously farmed and is classified as Fallow Crop Land accDrding to FLUCCS.
The approximate southern half is pine/palmetto upland and is classified as Pine
Flatwoods according to FLUCCS.
1.6 PROJECT DESCRIPTION
The Pine Ridge Center PUD will include a mixture of commercial and office
uses. The Pine Ridge 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.
1.7 SHARED FACILITIES
For the purpose of achieving the most desirable and effective design of the
subject property and providing the most efficient use of the land and the siting of
I buildings, controlling access and providing the greatest degree of compatibility
with the surrounding lands, it is the intent of this PUD to share certain common
facilities such as, but not. limited to, a main access road easement, ingress and
egress from Pine Ridge Road and water management with the property abutting
to the east, known as the Pine Ridge Center PUD, and whose legal description
is as folJoYJS:
That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest
1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida,
lying south of Pine Ridge Road.
This property is presently owned by Anthony F. Jancigar, Trustee. whose
address is 7622 Pebble Creek Circle #204, Naples, Florida 34108.
3
Agenda Item No. 7 A
May 25, 2004
Page 24 of 75
.
The sharing of these facilities does not limit, in any manner whatsoever, the right
of each individual property owner to use, assign, lease or dispose of its
individual property in a manner of its choosing subject to the limitations
prescribed herein as conditions of this PUD approval by Collier County.
1.8 SHORT TITLE
This Ordinance shall be known and cited as the "Pine Ridge Center Planned
Unit Development Ordinance."
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4
Agenda Item No. 7 A
May 25, 2004
Page 25 of 75
,
-....--. ^"-...-- ,-------.- ----"'_."._~-_...._-".-.- "." ,-~---^ '."~.
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the Project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the Project, as well as other project
relationships.
2.2 GENERAL
A Regulations for development of the Pine Ridge Center PUD shall be in
accordance with the contents of this document, PUD-Planned Unit
Development District, applicable sections and parts of the Collier County
Land Development Code and Collier County Growth Management Plan in
effect at the time of final local development order or 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.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Pine Ridge Center PUD shall
become part of the regulations which govern the manner in which the
PUD site m~y be developed.
D. 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.
E. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate
Public Facilities, of the Collier County Land Development Code at the
earliest, or next to occur of either Final Site Development Plan approval,
Final Plat approval, or building permit issuance applicable to this
Development.
5
Agenda Item No. 7 A
May 25, 2004
Page 26 of 75
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A," PUD
Master Plan.
S. 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.
c. In addition to the various areas and specific items shown in Exhibit "A,"
easements such as (utility, private, or semi-public) shall be established
and/or vacated within or along the property as may be necessary.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A Exhibit "A," PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD document, 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.
B. 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.
c. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and the methodology for
providing ~erpetual 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.
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6
Agenda Item No. 7 A
May 25, 2004
Page 27 of 75
-'-'~'-'-~.--.""'~"~-""'.'- -----'._<.~.. -",,-... ....._---,-~~_._..
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for
Areas "A", "B", and "C" of the site as shown on Exhibit itA," PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated on the PUD Master Plan are intended to provide commercial
land uses, especially those serving travelers, office. hospital, health service. and
contractor uses. The 8.73-acre site is located in the southwest quadrant of the
intersection between Pine Ridge Road and Whippoorwill Lane. It is also
designated as being within an Interstate Activity Center on the Collier County
Future Land Use Map.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Area "A" Permitted Principal Uses and Structures:
1. Open Space.
2. Stormwater Management Areas.
B. Area "B" Permitted Principal Uses and Structures:
1. All Permitted Principal Uses for Area "e" as described within this
PUD Document.
2. Building Construction - General Contractors (groups 1521 - 1542).
3. Building Materials, Hardware and Garden Supplies (group 5211
but only kitchen cabinets, doors, garage doors, windows, wood
flooring, insulation material, and fencing, 5231 -5261).
4. Construction - Special Trade Contractors (groups 1711 - 1731,
1741 except for concrete block laying contractors, 1742 except for
drywall construction contractors and lathing contractors, 1743 _
7 Agenda Item No. 7A
May 25, 2004
Page 28 of 75
. .
~-"'" .
1752. 1761 except for roof spraying, painting and coating
contractors, and roofing work and repair contractors, 1793. 1796,
1799 but only awning and window shade installation contractors,
caulking contractors. cleaning buildings contractors, counter top
installation contractors, fence construction contractors, fireproofing
buildings contractors, ornamental metalwork contractors, paint and
wallpaper stripping and removal contractors, posthole digging
contractors, steam cleaning of building exteriors contractors, tile
wall and floor installation contractors, tinting glass contractors. and
waterproofing contractors).
5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle
repair, camera repair, lawnmower repair, locksmiths,
medical/dental instrument repair, musical instrument repair. piano
repair, sawlknife sharpening service, and custom picture framing).
6. Any other commercial use or professional service use which is
comparable in nature with the foregoing uses.
I C. Area "C" Permitted Principal Uses and Structures:
I
I
1- 1. Apparel and Accessory stores (groups 5611 - 5699).
2. Auto Supply stores (group 5531).
3. Depository Institutions (groups 6021-6062).
4. Eating Places (group 5812).
5. Food Stores (groups 5411 groceries and supermarkets only, 5421
I - 5499).
I 6. General Merchandise Stores (groups 5311 - 5399).
7. Health Services (groups 8011 - 8099).
a. Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
9. Hotels and Motels (group 7011).
10. Insurance Agents, Brokers, and Services (group 6411).
,....-.
8
Agenda Item No. 7 A
May 25, 2004
Page 29 of 75
I -
.-..---
-- ._._...."~-.-----.._.-----~
11. Legal Services (group 8111).
12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting
Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992
(Florists), 5995 (Optical Goods), 5999 (except auction rooms,
monument and tombstone sales)}.
13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply
Stores (groups 5231 - 5261).
14. Personal Services (group 7212 dry-cleaning and laundry pickup
stations only, 7217,7221 - 7261 except crematories, 7291).
15. Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
16. Real Estate Agents and Managers (group 6531).
17. Travel Agencies (group 4724).
18. Video Tape Rental (group 784 1).
19. Any other commercial use or professional service use which is
comparable in nature with the foregoing uses.
D. Accessory Uses:
1. Uses and structures that are accessory and incidental to the
permitted uses within this PUD document.
2. Drinking Places (group 5813, only in conjunction with Eating
Places)
3. Exterior speakers for drive-through facilities are permitted but
exterior loud speakers and public address systems are prohibited.
3.4 DEVELOPMENT STANDARDS
A Minimum Lot Area:
Twelve thousand (12,000) square feet.
B. Minimum Lot Width:
I 9
I Agenda Item NO.7 A
I May 25, 2004
i Page 30 of 75
!
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Seventy-five (75) feet.
C. Minimum Yards:
(1) Principal structures:
(a) Front Yards - Twenty-five (25) feel
(b) All Yards Along Pine Ridge Road - Twenty-five (25) feet.
(c) Side Yards - Ten (10) feet.
(d) Side Yards external to the PUD - Fifteen (15) feet.
(e) Rear Yards - Fifteen (15) feet.
(2) Accessory Structures:
Setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
D. Minimum Floor Area:
-
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
E. Maximum Heiaht:
Three (3) stories or forty (40) feet, whichever is more restrictive.
F. Off-Street Parkina and Loadina Reauirements:
(1) No vans or trucks rated over one (1) ton capacity shall be parked
outside buildings housing contractor's offices or selling building
materials except while engaged in loading or unloading activities.
Contractor's offices shall be designed so that loading and
unloading activities for vans and trucks rated over one (1) ton
capacity shall only be minimally visible to off-site motorists and
neighboring property owners.
(2) As required by Division 2.3 of the Land Development Code in
effect at the time of building permit application.
G. Landscapina and Bufferina Reauirements:
-
10 Agenda Item No. 7 A
May 25, 2004
Page 31 of 75
- ' '-'>",_.~-~-._""--~--' .. ~ ~. ---.-
---~_.------..._.
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As required by Division 2.4 of the Land Development Code in effect at the
time of building permit application.
H. SiQns:
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
I. Distance Between Principal Structures:
Ten (10) feet.
J. Solid Waste:
Trash receptacles shall be screened on three (3) sides by a seven (7) foot
high opaque masonry wall with an opaque gate on the remaining side for
access. Such masonry wall shall also meet the architectural standards
further described in Section 4.9B. of this PUD Document.
K. Liahtina:
Pole lighting shall be prohibited. Architecturally finished lampposts not
exceeding a height of twenty (20) feet shall be permitted. Lighting shall
meet the architectural standards further described in Section 4.9B. of this
PUD Document. Lighting shall be designed so that glare does not extend
off-site onto adjacent properties.
L. Architectural Buildina Desian:
(1 ) All prinCipal buildings housing contractors' offices or selling
building materials shall be architecturally designed to look similar
to at least one of the buildings shown on Exhibits "0" to "P'.
(2) AU building exteriors shall be finished in light or moderate colors
except for decorative trim.
(3) All exterior building walls shall be architecturally finished and metal
exterior walls shall not be permitted.
11
Agenda Item No. 7 A
May 25, 2004
Page 32 of 75
.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the regulations for the development of
this Project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD. Except where 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
-- Pian 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,
any successor or assignee in title to the Developer is bound by the commitments
within this Agreement.
4.3 PUD MASTER PLAN
A. Exhibit lIA,H 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.
B. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service
utilities and all common areas in the Project.
.,--
12
Agenda Item No. 7 A
May 25, 2004
Page 33 of 75
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;
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is proposed to be completed in several
phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. MonitorinQ ReDort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
4.5 ENGINEERING
A. A water management plan shall be submitted to include the location of the
discharge control structure and a cross-section of the proposed perimeter
berm.
B. It the property is subdivided into two (2) or more parcels, a plat shall be
required.
C. A shared access agreement shall be recorded prior to final construction
plan approval.
D. Work within the Collier County right-ot-way shall meet the requirements of
Collier County Right-of-Way Ordinance No. 93-64.
4.6 WATER MANAGEMENT
'A. A shared water management agreement shall be recorded prior to final
construction plan approval.
B. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E4 and 40E-40, this project shall be
designed for a storm event of 3-day duration and 25-year frequency.
I
I 4.7 UTILITIES
A. County water service is available via a 12" water main located on the
north side of Pine Ridge Road. The Developer is responsible to tap the
main to provide both potable water and fire fighting capability to the site.
An 8" minimum water main shall be required to serve the site, providing
13
Agenda Item No. 7 A
May 25, 2004
Page 34 of 75
r
-
calculations can show that a minimum of 750 GPM is available to serve
the commercial activities on the furthest part of the property.
B. County sewer service is available via a 12" force main located on the
south side of Pine Ridge Road. A minimum size line of 4" is required for
the Water Sewer District acceptance.
C. All facilities extended to the site and which lie in platted rights-of-way
shall be owned and maintained by the Collier County Water/Sewer
District. The facilities, whether owned by the District or privately owned,
shall be reviewed and installed in accordance with the requirements of
Collier County Ordinance No. 97-17 and all federal, state and other
existing rules and regulations.
4.8 TRAFFIC
I A The proposed joint access road shall be privately maintained. The
, Developer shall establish a legal entity responsible for all future
maintenance as a condition of approval of this PUD.
B. The County reserves the right to restrict and/or modify the location and
,- use of median openings on Pine Ridge Road in accordance with
Resolution 92-422, the Collier County Access Management Policy, as it
may be amended from time to time, and in consideration of safety or
operational concerns. Nothing in any development permit issued by the
. County shall operate to vest any right to a median opening in this project,
nor shall the County be liable for any claim of damages due to the
presence or absence of any median opening at any point along any road
frontage of this project.
C. Substantial competent evidence shall be provided by the Developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage from either project
shall not be permitted to discharge directly into any roadway drainage
system.
D. An eastbound right turn lane serving the access roadway shall be
provided prior to the issuance of any Certificate of Occupancy for the
development.
E. Compensating right-of-way for turn lanes and median areas shall be
dedicated by the Developer to reimburse the County for the use of
,.-
14
I Agenda Item No.7 A
I May 25, 2004
Page 35 of 75
~'-~--~-~-~'."~"'~ ' -,_.,~._,--,~~^,.. " -"'.~~._--
,
'.
existing rights-of-way. Such dedication shall be considered site related
and there shall be no road impact fee credit due the Developer.
F. The County reserves the right to acquire right-ot-way for the Pine Ridge
Road six-lane project at a fixed cost tor land and improvements without
severance damages at the time needed. The basis of cost for any such
acquisition shall be at the present market value based on the present
zoning or on the applicanfs cost to acquire the land, whichever is less.
Any such right-of-way acquisition shall be made available to the County
within 120 days of notification to either or both developers of the County's
need for the land or at the time of filing for the first building permit for this
site or the Pine Ridge Center West site, whichever comes first.
G. Site specific road improvements required for this project, shall be in place
prior to the issuance of any Certificates of Occupancy for development.
H. Road impact fees shall be paid in accordance with Ordinance No. 2000-
56, as amended, and shall be paid at the time building permits are issued
unless otherwise approved by the Board of County Commissioners.
I. All required improvements, excluding right-ot-way donations for roadway
segments specifically mentioned in the County's Five-Ten Year Work
Plan, shall be considered "site related" as defined in Ordinance No. 2000-
56, as amended, the Collier County Road Impact Fee Ordinance, and
shall not be eligible for credit toward any road impact fees required by
that Ordinance.
4.9 PLANNING
A. 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 Code Enforcement Department contacted.
B. All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards
of the Land Development Code. Said unified architectural theme shall
include: a similar architectural design and use of similar materials and
colors throughout all of the buildings, signs, and walls to be erected on
the site. Landscaping and streetscape materials shall also be similar in
design throughout the site. A conceptual design master plan shall be
15
Agenda Item No.7 A
May 25, 2004
Page 36 of 75
: .
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submitted concurrent with the first application for Site Development Plan
approval demonstrating compliance with these standards. A common
architectural theme for the entire project shall be designated at the time of
site development plan submittal.
4.10 ENVIRONMENTAL
A. A minimum of 1.31 acres of natural habitat areas shall be provided on-
site. including both the under-story and the ground cover emphasizing the
largest contiguous area possible. These natural habitat areas shall
consist of at least 0.51 acre of native vegetation that is retained on-site as
shown on the PUD Master Plan and up to .80 acre of native vegetation
that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of
the Land Development Code.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on areas of retained native vegetation,
shall be submitted to Current Planning Section Staff for review and
approval prior to final site plan/construction plan approval.
C. Petitioner shall comply with the guidelines and recommendations of the
.- U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife
Conservation Commission (FFWCC) regarding potential impacts to
protected wildlife species. Where protected species are observed on site,
a Habitat Management Plan for those protected species shall be
submitted to Current Planning Section Staff for review and approval prior
to final site plan/construction plan approval.
--
16
Agenda Item No. 7 A
May 25, 2004
Page 37 of 75
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Agenda Item No. 7 A
May 25, 2004
Page 38 of 75
.
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Agenda Item No. 7 A
May 25, 2004
Page 40 of 75
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida.
thisJ1;tJ., dayof ~~ .2001.
,-." .+ '.
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.....AT1'EsT: " BOARD OF COUNTY COMMISSIONERS
/ ,bWJGHT'E...BR~K, Cleric COLLIER COUNTY, FLORIDA
t ' , '1 i'.;'.r1i,yj !': ~; , BY~AM~~RMAN
"-'-~~'?J;;'1~;:jl~/--I ,({J.r!
At~5t.~J-to-Ch.fnaaa"
st~lt&Ir.. OI)I~
Approved as to Form and
Legal Sufficiency This ordinance filed with the
Secretary of State's Office the
~ . /Jt;-{ '" L-uf ~ day of ~ z.e>>/
and acknowledgement of that
filing received this ~ day
MaJj . M. Student of ~ c.c.c.c... ~. 0ttI / ~
Assislant County Allomey By ~"A.'7~~~ '_
/ DiIpwty c
O:ladmitolPUD-a6-22(2)1RB1( w
Agenda Item No. 7 A
May 25; 2004
Page 44 of 75
-2 -
L
-
- -
,
-
_.
ORDINANCE 2001-~ .
....
AN ORDINANCE AMENDING ORDINANCE .-
.'
NUMBER 91-102, mE COLLIER COUNTY LAND \
,
DEVELOPMENT CODE, WHICH INCLUDES THE '. ., -
COMPREHENSIVE ZONING REGULATIONS FOR -.-J
THE UNINCORPORATED AREA OF COLLIER "
-. ~
COUNTY, FLORIDA, BY AMENDING THE ., .,
OFFICIAL ZONING ATLAS MAP NUMBERED 96 1 8N \_~':\-;"\
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUO" PLANNED UNIT DEVELOPMENT
KNOWN AS PINE RIDGE CENTER WEST PUD, FOR
PROPERTY LOCATED ON THE soum SIDE OF
PINE RIDGE ROAD (C.R. 896) APPROXIMA TEL Y
660 FEET WEST OF WHlPPOOR WILL LANE, IN
SECfION 18, TOWNSHIP 49 soum, RANGE 26
EAST, COLLIER COUNTY, FLORlDA; BY
PROVIDING FOR mE REPEAL OF ORDINANCE
NUMBER 98-32 AND BY PROVIDING FOR AN
EFFECfIVE DATE.
WHEREAS, William L. Hoover, of Hoover Planning & Development, IDe, representing
- Anthony F. Jancigar, Trustee, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMlSSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: -
SECTION ONE:
The Zoning Classification ofthe herein described real property located in Section 18, Township
49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUO" Planned Unit
Development in accordance with the PUD Document. attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO: .
Ordinance Number 98-32, known as the Pine Ridge Center West POO, adopted on April 28,
1998 by the Board of County Commissioners of Callier County, is hereby repealed in its entirety.
SECTION TIIREE:
This Ordinance shall become effective upon filing with the Department of State.
---
Agenda Item No. 7 A
May 25, 2004
Page 45 of 75
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PINE RIDGE CENTER WEST PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
ANTHONY F. JANCIGAR, TRUSTEE
7622 PEBBLE CREEK CIRCLE #204
NAPLES, FLORIDA 34108
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
DATE FILED July 24. 2000
DATE REVISED February 12. 2001
DATE REVIEWED BY CCPC February 1. 2001
DATE APPROVED BY BCC
ORDINANCE NUMBER
Agenda Item No. 7 A
EXHIBIT "A" May 25, 2004
Page 46 of 75
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,
,.
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TABLE OF CONTENTS .
PAGE
TABLE OF CONTENTS i
LIST OF EXHIBITS II
STATEMENT OF COMPLIANCE 1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2
SECTION \I PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION 11\ COMMERCIAL AREAS PLAN 7
SECTION N DEVELOPMENT COMMITMENTS 12
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i
Agenda Item No. 7 A
May 25, 2004
Page 47 of 75
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. .
LIST OF EXHIBITS .
EXHIBIT A PUD MASTER PLANIWATER MANAGEMENT PLAN
EXHIBIT B BOUNDARY SURVEY
EXHIBIT C COMPOSITE MASTER PLAN
EXHIBIT D PERMITTED BUILDING DESIGN
EXHIBIT E PERMITTED BUILDING DESIGN
EXHIBIT F PERMITTED BUILDING DESIGN
-
ji
Agenda Item No.7 A
May 25, 2004
Page 48 of 75
;.:
.-
ST A TEMENT OF COMPLIANCE .
The development of approximately 8.87 acres of property in Collier County, as a
Planned Unit Development (PUD) to be known as the Pine Ridge Center West PUD will
be in compliance with the planning goals and objectives of Collier County as set forth in
the Collier County Growth Management Plan. The commercial facilities of the Pine
Ridge Center West PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
1. The subject property is within the Interstate Activity Center Land Use
Designation as identified on the Future land Use Map, as described in the
Activity Center Subdistrict of the Urban - Commercial District in the Future land
Use Element. The Future land Use Element permits commercial land uses in
this area.
2. The subject property is located approximately 3/4 mile west of the intersection of
1-75 and Pine Ridge Road which makes it an integral and important part of the
overall development of the southwest quadrant of the interstate land uses, as
permitted by the Future Land Use Element.
~--- 3, 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.
4. The project Development is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the Future land Use
Element.
6. The Project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
7, 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 3.1 of the Future Land Use Element.
-
1
Agenda Item No. 7 A
May 25, 2004
Page 49 of 75
,~".,,_,w., _ _.."-",,."~,_.+,--,^.-
SECTION I .
PROPERTY OWNERSHIP AND DESCRIPTION
1,1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Pine Ridge Center West PUD.
1.2 LEGAL DESCRIPTION
That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the
Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County,
Florida, lying south of Pine Ridge Road.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Anthony F. Jancigar, Trustee
7622 Pebble Creek Circle #204
Naples, Florida 34108
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. - The subject property is located in the southwest quadrant of the
intersection between Pine Ridge Road and Whippoorwill Lane,
approximately 3/4 mile west of 1-75, in the unincorporated area of Collier
County, Florida.
B, The property is currently vacant. The entire Project site currently has
PUD Zoning and is proposed to be rezoned to PUD.
1.5 PHYSICAL DESCRIPTION
The Project site is located within the 1-75 canal basin as shown on the Collier
County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the
1-75 canal system. The Project will be designed for a storm event of 3-day.
duration and 25-year return frequency as well as water quality in accordance
with the Rules of South Florida Water Management District.
2
Agenda Item No. 7 A
May 25, 2004
Page 50 of 75
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Elevations of the property range from 10,0 feet NGVD to 12.0 feet NGVD. The
site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM
Panel#120067 0425 D).
The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier
County Soil Maps. The approximate northern half of the site has been
previously farmed and is classified as Fallow Crop Land according to FLUCCS.
The approximate southern half is pine/palmetto upland and is classified as Pine
Flatwoods according to FLUCCS.
1.6 PROJECT DESCRIPTION
The Pine Ridge Center West PUD will include a mixture of commercial and office
uses, The Pine Ridge Center West 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.
1.7 SHARED FACILITIES
For the purpose of achieving the most desirable and effective design of the
subject property and providing the most efficient use of the land and the siting of
buildings, controlling access and providing the greatest degree of compatibility
with the surrounding lands, it is the intent of this PUD to share certain common
facilities such as, but not limited to, a main access road easement, ingress and
egress from Pine Ridge Road and water management with the property abutting
to the east, known as the Pine Ridge Center PUD, and whose legal description
is as follows:
That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest
1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida,
lying south of Pine Ridge Road,
This property is presently owned by Peter Longo and Mark Longo whose
address is: c/o Ohio Sealants, 7405 Production Drive. Mentor, Ohio 44060.
The sharing of these facilities does not limit, in any manner whatsoever, the right
of each individual property owner to use, assign, lease or dispose of its
-- 3
Agenda Item No. 7 A
May 25, 2004
Page 51 of 75
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individual property in a manner of its choosing subject to the limitations
prescribed herein as conditions of this PUD approval by Collier County.
1.8 SHORT TITLE
This Ordinance shall be known and cited as the "Pine Ridge Center West
Planned Unit Development Ordinance."
4
Agenda Item No.7 A
May 25, 2004
Page 52 of 75
. .
SECTION II .
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the Project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the Project, as well as other project
relationships.
2,2 GENERAL
A. Regulations for development of the Pine Ridge Center West PUD shall be
in accordance with the contents of this document, PUD-Planned Unit
Development District, applicable sections and parts of the Collier County
Land Development Code and Collier County Growth Management Plan in
effect at the time of final local development order or 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.
- B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code i~
effect at the date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Pine Ridge Center West PUD shall
become part of the regulations which govern the manner in which the
PUD site may be developed.
D, 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.
.
E. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate
Public Facilities, of the Collier County Land Development Code at the
earliest. or next to occur of either Final Site Development Plan approval, _
Final Plat approval, or building permit issuance applicable to this
Development.
5
Agenda Item No. 7 A
May 25, 2004
Page 53 of 75
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A," PUD
Master Plan.
B. 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.
C. In addition to the various areas and specific items shown in Exhibit "A,"
easements such as (utility. private, or semi-public) shall be established
andlor vacated within or along the property as may be necessary.
,
, 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
I
I
A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD document, 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.
B. 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.
C. Appropriate instruments will be provided at the time of infrastructure
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.
6
Agenda Item No. 7A
May 25, 2004
Page 54 of 75
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SECTION III .
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for
Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated on the PUD Master Plan are intended to provide commercial
land uses, especially those serving travelers, office, hospital, health service, and
contractor uses. The 8.87 -acre site is located in the southwest quadrant of the
intersection between Pine Ridge Road and Whippoorwill Lane. It is also
designated as being within an Interstate Activity Center on the Collier County
Future Land Use Map.
3,3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
- used, in whole or part, for other than the following:
A. Area "A" Permitted Principal Uses and Structures:
1. Open Space.
2. Stormwater Management Areas.
B, Area "B" Permitted Principal Uses and Structures:
1. All Permitted Principal Uses for Area "C" as described within this
PUD Document.
2. Building Construction - General Contractors (groups 1521 - 1542).
3. Building Materials, Hardware and Garden Supplies (group 5211
but only kitchen cabinets, doors, garage doors, windows, wood
flooring, insulation material, and fencing, 5231 -5261).
4, Construction - Special Trade Contractors (groups 1711 - 1731.
1741 except for concrete block laying contractors, 1742 except for
drywall construction contractors and lathing contractors, 1743 -
7
Agenda Item No. 7 A
May 25,2004
Page 55 of 75
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1752, 1761 except for roof spraying, ~ painting and coating
contractors, and roofing work and repair ,contractors, 1793, 1796,
1799 but only awning and window shade installation contractors,
caulking contractors, cleaning buildings contractors, counter top
installation contractors, fence construction contractors, fireproofing
buildings contractors, ornamental metalwork contractors, paint and
wallpaper stripping and removal contractors, posthole digging
contractors. steam cleaning of building exteriors contractors, tile
wall and floor instaIJation contractors. tinting glass contractors, and
waterproofing contractors).
5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle
repair, camera repair, I awn mower repair, locksmiths,
medical/dental instrument repair, musical instrument repair, piano
repair, sawlknife sharpening service, and custom picture framing).
6. Any other commercial use or professional service use which is
comparable in nature with the foregoing uses.
C. Area tIC" Permitted Principal Uses and Structures:
1. Apparel and Accessory stores (groups 5611 - 5699).
2. Auto Supply stores (group 5531).
3. Depository Institutions (groups 6021-6062).
4. Eating Places (group 5812).
5. Food Stores (groups 5411 groceries and supermarkets only, 5421
- 5499).
6. General Merchandise Stores (groups 5311 - 5399).
7. Health Services (groups 8011 - 8099).
8. Home Furniture, FurniShings and Equipment Stores (groups 5712 _
5736).
. ".".".. . ." ....
9. Hotels and Motels (group 7011).
10. Insurance Agents, Brokers, and Services (group 6411).
8
Agenda Item No. 7A
May 25, 2004
Page 56 of 75
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11. Legal Services (group 8111). .
12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting
Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992
(Florists). 5995 (Optical Goods), 5999 (except auction rooms,
monument and tombstone sales)).
13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply
I Stores (groups 5231 - 5261).
14. Personal Services (group 7212 dry-cleaning and laundry pickup
stations only, 7217,7221 - 7261 except crematories, 7291).
15. Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
16, Real Estate Agents and Managers (group 6531).
17. Travel Agencies (group 4724),
18. Video Tape Rental (group 7841).
,,,",.,.....
19. Any other commercial use or professional service use which is
comparable in nature with the foregoing uses. .
0, Accessorv Uses:
-
.~
1. Uses and structures that are accessory and incidental to the
permitted uses within this PUD document.
2. Drinking Places (group 5813, only in conjunction with Eating
Places)
3. Exterior speakers for drive-through facilities are permitted but
exterior loud speakers and public address systems are prohibited,
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
B. Minimum Lot Width:
-
9
Agenda Item No. 7 A
May 25, 2004
Page 57 of 75
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Seventy-five (75) feet. .
C. Minimum Yards:
(1) Principal structures:
(a) Front Yards - Twenty-five (25) feet.
(b) All Yards Along Pine Ridge Road - Twenty-five (25) feet.
(c) Side Yards - Ten (10) feet.
(d) Side Yards external to the PUD - Fifteen (15) feet.
(e) Rear Yards - Fifteen (15) feet.
(2) Accessory Structures:
Setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application,
D, Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
- E. Maximum HeiQht:
Three (3) stories or forty (40) feet, whichever is more restrictive.
F. Off-Street ParkinQ and LoadinQ Requirements:
(1) No vans or trucks rated over one (1) ton capacity shall be parked
outside buildings housing contractor's offices or selling building
materials except while engaged in loading or unloading activities.
Contractor's offices shall be designed so that loading and
unloading activities for vans and trucks rated over one (1) ton
capacity shall only be minimally visible to off-site motorists and
neighboring property owners.
(2) As required by Division 2.3 of the Land Development Code in
effect at the time of building permit application.
G, Landscaoina and BufferinQ Requirements:
10 Agenda Item No. 7 A
May 25, 2004
Page 58 of 75
. .
As required by Division 2.4 of the Land Development Code in effect at the
time of building permit application.
H. Sians:
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
\. Distance Between Principal Structures:
Ten (10) feet.
J. Solid Waste:
Trash receptacles shall be screened on three (3) sides by a seven (7) foot
high opaque masonry wall with an opaque gate on the remaining side for
access. Such masonry wall shall also meet the architectural standards
further described in Section 4.9B. of this PUD Document.
K. Liahtim~:
- Pole lighting shall be prohibited. Architecturally finished lampposts not
exceeding a height of twenty (20) feet shall be permitted. Lighting shall
meet the architectural standards further described in Section 4.9B. of this
PUD Document. Lighting shall be designed so that glare does not extend
off-site onto adjacent properties.
L. Architectural Buildina Desion:
(1) All principal buildings housing contractors' offices or selling
building materials shall be architecturally designed to look similar
to at least one of the buildings shown on Exhibits "0" to "F".
(2) All building exteriors shall be finished in light or moderate colors
except for decorative trim. . -
(3) All exterior building walls shall be architecturally finished and metal
exterior walls shall not be permitted, .
11
Agenda Item No. 7 A
May 25, 2004
Page 59 of 75
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SECTION IV .
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the regulations for the development of
this Project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD. Except where 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,
any successor or assignee in title to the Developer is bound by the commitments
within this Agreement.
4.3 PUD MASTER PLAN
A. 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.
B, All necessary easements, dedications. or other instruments shall be
granted to ensure the continued operation and maintenance of all service
utilities and all common areas in the Project.
.
12
Agenda Item No. 7 A
May 25, 2004
Page 60 of 75
~
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4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
.'
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is proposed to be completed in several
phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. MonitorinQ 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
A. A water management plan shall be submitted to include the location of the
discharge control structure and a cross-section of the proposed perimeter
berm,
B. If the property is subdivided into two (2) or more parcels, a plat shall be
required.
~.- C. A shared access agreement shall be recorded prior to final construction
plan approval.
D. Work within the Collier County right-of-way shall meet the requirements of
Collier County Right-of-Way Ordinance No, 93-64.
4.6 WATER MANAGEMENT
A. A shared water management agreement shall be recorded prior to final
construction plan approval. .,
B. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E4 and 40E-40, this project shall be ..
designed for a storm event of 3-day duration and 25-year frequency,
4.7 UTILITIES
,
-
A. County water service is available via a 12" water main located on the
north side of Pine Ridge Road. The Developer is responsible to tap the
main to provide both potable water and fire fighting capability to the site.
An 8" minimum water main shall be required to serve the site, providing
13
Agenda Item No. 7 A
May 25, 2004
Page 61 of 75
~~,...,~" - ,__....,.____'.~-.'..~'_.~.m..-' -'*"-.------
'.
calculations can show that a minimum of 750 GPM is available to serve
the commercial activities on the furthest part of the property.
B. County sewer service is available via a 12" force main located on the
south side of Pine Ridge Road. A minimum size line of 4" is required for
the Water Sewer District acceptance.
C. All facilities extended to the site and which lie in platted rights-of-way
shall be owned and maintained by the Collier County Water/Sewer
District. The facilities, whether owned by the District or privately owned,
shall be reviewed and installed in accordance with the requirements of
Collier County Ordinance No. 97-17 and all federal, state and other
existing rules and regulations.
4.8 TRAFFIC
A. The proposed joint access road shall be privately maintained. The
Developer shall establish a legal entity responsible for all future
maintenance as a condition of approval of this PUD.
B, The County reserves the right to restrict and/or modify the location and
use of median openings on Pine Ridge Road in accordance with
Resolution 92-422, the Collier County Access Management Policy, as it
may be amended from time to time, and in consideration of safety or
operational concerns. Nothing in any development permit issued by the
County shall operate to vest any right to a median opening in this project,
nor shall the County be liable for any claim of damages due to the
presence or absence of any median opening at any point along any road
frontage of this project.
C. Substantial competent evidence shall be provided by the Developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage from either project
shall not be permitted to discharge directly into any roadway drainage
system,
0, An eastbound right turn lane serving the access roadway shall be
provided prior to the issuance of any Certificate of Occupancy for the
development. ~
E. Compensating right-of-way for turn lanes and median areas shall be
dedicated by the Developer to reimburse the County for the use of
14
Agenda Item No. 7 A
May 25, 2004
Page 62 of 75
-~,~,~~--
,-
existing rights-of-way. Such dedication shall be .considered site related
and there shall be no road impact fee credit due the Developer.
F. The County reserves the right to acquire right-of-way for the Pine Ridge
Road six-lane project at a fixed cost for land and improvements without
severance damages at the time needed. The basis of cost for any such
acquisition shall be at the present market value based on the present
zoning or on the applicant's cost to acquire the land, whichever is less.
Any such right-of-way acquisition shall be made available to the County
within 120 days of notification to either or both developers of the County's
need for the land or at the time of filing for the first building permit for this
site or the Pine Ridge Center West site, whichever comes first.
G. Site specific road improvements required for this project, shall be in place
prior to the issuance of any Certificates of Occupancy for development.
H. Road impact fees shall be paid in accordance with Ordinance No. 2000-
56, as amended, and shall be paid at the time building permits are issued
unless otherwise approved by the Board of County Commissioners.
\. All required improvements, excluding right-of-way donations for roadway
-'-. segments specifically mentioned in the County's Five-Ten Year Work
Plan, shall be considered "site related" as defined in Ordinance No. 2000-
56, as amended, the Collier County Road Impact Fee Ordinance, and
shall not be eligible for credit toward any road impact fees required by .,
that Ordinance.
4.9 PLANNING
A. 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 Code Enforcement Department contacted.
B, All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with the Architectural and Site Design Guidelines and Standards
of the land Development Code. Said unified architectural theme shall
include: a similar architectural design and use of similar materials and
colors throughout all of the buildings, signs, and walls to be erected on
the site. landscaping and streetscape materials shall also be similar in
design throughout the site, A conceptual design master plan shall be
,,- 15
Agenda Item No. 7 A
May 25, 2004
Page 63 of 75
.>--------. "-.'-'._--
I
submitted concurrent with the first application for ,Site Development Plan
approval demonstrating compliance with these. standards, A common
architectural theme for the entire project shall be designated at the time of
! site development plan submittal.
i
4.10 ENVIRONMENTAL
A. A minimum of 1.33 acres of natural habitat areas shall be provided on-
site. including both the under-story and the ground cover emphasizing the
largest contiguous area possible. These natural habitat areas shall
consist of at least 0.51 acres of native vegetation that is retained on-site
as shown on the PUD Master Plan and up to .82 acres of native
vegetation that is replanted elsewhere on-site, as described in Section
3.9.5.5.3 of the Land Development Code.
B. An exotic vegetation removal, monitoring. and maintenance (exotic-free)
plan for the site, with emphasis on areas of retained native vegetation,
shall be submitted to Current Planning Section Staff for review and
approval prior to final site plan/construction plan approval.
C. Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife
Conservation Commission (FFWCC) regarding potential impacts to
protected wildlife species. Where protected species are observed on site,
a Habitat Management Plan for those protected species shall be
submitted to Current Planning Section Staff for review and approval prior
to final site plan/construction plan approval.
-
, -
16
Agenda Item No. 7 A
May 25, 2004
Page 64 of 75
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Agenda Item No. 7 A
May 25, 2004
Page 65 of 75
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PASSED AND DULY ADOPTED by the Board of County Commiss,ioners of Collier County,
Florida, this';~ day of ~;;z:~ ,2001,
....;(TIEST:.',. BOARD OF COUNTY COMMISSIONERS
,/> pWl~H!T a a~ocK. Clerk COLLIER COUNTY, FLORIDA
: -~ .. . . BY'~
:. : :' :::.~::. . -. l
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At~e t is t:Q...chllrau's
JAMES 0,' RTER, PhO... CHAIRMAN
S'9A&tur~'oA1J. '
Approved as to Fonn and
Legal Sufficiency This ordinonce filed with the
Secretory of Stale's Ollice the
t..~ doyol~u.c.-. ~-/
71l0JfUI In.~ ond ocknow1edoement of that
fili~ed thisl.z.;C.t. day
Marj eM. Student of 2..0./ ~
Assistant County Altorney By ~'/~,<..z; ~ .-
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G:I~.IIP)lRIIICW
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Agenda Item NO.7 A
May 25, 2004
Page 71 of 75
l ~
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,
, Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners
Q, GRADY MINOR, P,E. D. WAYNE ARNOlD, A.I.CP.
MARK w. MINOR, P.E. ROBERT "BOB" THINNES, AJ.CP.
C. DEAN SMfIB, PE moMAS J. GARRIS, P S.M.
DAVID W. SCHMlTI, P,E. STEPHEN V. BURGESS, P.5.M.
MICHAELJ. DELATE. P,E. MIOiAEL L HARMON, P.5.M.
NORMAN J. TREBn.COCI<, A.LCP" P,E. October 13, 2003 ALAN v, ROSEMAN
MA TI1iEW J, HERMANSON, P,E.
-- -'-
INTP-2003-AR_4888 --- ----~----
Ms. Susan Murray, AICP PROJECT #19990239
Collier County Planning Services Director DATE: 10/20/03
2800 North Horseshoe Drive MICHELE MOSCA
Naples, FL 34104
RE: Request for Formal Zoning Interpretation
Dear \1s. Murray:
Weare the authorized representatives for the contract purchaser of properties located in Section 18,
Tmvnship 49 South, Range 26 East, Collier County, Florida The subject properties comprise two
planned unit developments known as Pine Ridge Center PUD (Ordinance. No. 2001-08) and Pine
Ridge Center West PUD (Ordinance. No. 2001-09). Both projects were approved by the Collier
County Board of Commissioners on February 27, 200 1.
I
I Although, the properties are under separate ownership, the PUD documents reflect nearly identical
development standards, permitted uses and conceptual master plans. The Properties are contiguous.
The conceptual master plan for each PUD demonstrates a common access way along their common
property lines. For your reference, a copy of the respective PUD Ordinances have been provided
with this request for formal interpretation.
Pursuant to Division 1.6 of the LDC, we are requesting a formal interpretation regarding permitted
land uses and development standards within both the Pine Ridge Center and Pine Ridge Center west
PUD's.
The subject PUD's are located within an Interchange Activity Center and were approved for a wide
variety of land uses ranging from general office to heavy commercial uses. Each PUD identifies
development areas, A, B and C. Area A is restricted to open space and water management uses,
while Areas B and C permit commercial land uses.
Section 3.3.B. of both Ordinances No. 2001-08 and 2001-09 permit general contractors (groups
1521-1542) and special trade contractors. Area "B" permitted uses and structures includes the
following:
2. Building Construction - General Contractors (groups 1521-1542).
(239) 947-1144 . FAX (239) 947-0375. E-Mail: engineering@grad~~c!6~lte~5N~o~~
3800 Via Del Rey. Bonita Springs, Florida 34134-7569. EBILB 0005151 pa~e 72 ~
F:\JOBIKPRDDlW AIJS31013L,doc
. Ms. Susan Mmray, AICP
Re: Request for Formal Zoning Interpretation
October 13,2003
_. Page 2
4. Construction - Special Trade Contractors (groups 1711-1731, 1741 except for
concrete block laying contractors, 1742 except for drywall construction contractors
and lathing contractors, 1743-1752, 1761 except for roof spraying, painting and
coating contractors, and roofing work and repair contractors, 1793, 1796, 1799, but
only awning and window shade installation contractors, caulking contractors,
cleaning buildings contractors, counter top installation contractors, fence
construction contractors, fire proofing buildings contractors, ornamental metal work.
contractors. ..
6. Any other commercial use or professional service use which is comparable in nature
with the foregoing uses.
Section 3.3.B.4 of both PUD Ordinances permits industry number 1761, roofing, siding and sheet
metal work except for roof spraying, painting and coating contractors, and roofing work. and repair
contractors.
Ouestion 1
We are seeking clarification as to whether general painting contractors whom paint interiors
,- and exteriors of residential and non-residential buildings are permitted within both PUD's.
Our reading of both PUD Ordinances suggests that general painting contractors of residential and
non-residential buildings are permitted under industry number 1721, which is a permitted use
category lIDder Section 3.3.B.4 of both PUD Ordinances. Please confirm that general painting
contractors are permitted uses within both PUD's.
'Ibis request for interpretation also seeks an official determination as to whether a use not
specifically listed under Section 3.3 of each PUD, may be permitted within either the Pine Ridge
Center of Pine Ridge Center West PUD. The particular use, indoor warehousing, self storage is not
specifically referenced under Section 3.3.R of either PUD.
Ouestion 2
Is indoor warehousing self storage similar and comparable to other permitted uses within the
PUD aod may therefore be deemed a permitted use?
Section 3.3 .R6 of the PUD permits any other commercial use or professional service use which is
comparable in nature with the foregoing uses.
Many of the permitted land uses in both PUD's can be categorized as C-4 and C-5 type uses. The
indoor self-storage land use (group 4225) is permitted as a conditional use in the C-4 zoning district
and as a permitted use in the C-5 zoning district.
~-
Agenda Item No. 7 A
May 25, 2004
F:\JOB\KPRDD\W A \JS31 O13L.doc: Page 73 ~
-'--',-- ------.--
Ms. Susan Murray, AlCP
Re: Request for Formal Zoning Interpretation
October 13,2003
Page 3
It is our opinion that the use of indoor self-storage can be deemed comparable to other uses
permitted within the PUD's and in fact when comparison of vehicular trip generation rates is
viewed, the indoor self storage use generates far fewer trips than is associated with other uses also
permitted within the PUD's. A trip comparison to other permitted uses has been attached. No
deviations from architectural requirements of the LDC have been approved in the PUD's and in fact,
specific building design and lighting standards have been incorporated into both PUD's.
The low intensity nature of the indoor self-storage facility is compatible with surrOlmding
properties. Property immediately east is within the interchange activity center is zoned POO and
permits a wide variety of comrnercialland uses. Property to the south is zoned CF and is developed
as Hospice of Naples, and is separated from development areas on both POO's by the open space
and water management areas shown on the master plan. Property to the west is presently
undeveloped and zoned Agriculture. It lies outside the activity center, but does qualify under the
Growth Management Plan for up to 16 du/acres due to its location within a residential density band.
To further confirm the compatibility of the indoor self-storage land use within the Interchange
Activity Center Property, a similar facility was recently approved and is under construction
immediately adjacent to single-family residential dwellings.
This facility was permitted under the Office and Infill Commercial criteria found within the Future
Land Use Element of the Growth Management Plan and is not within the more intensive Activity
Center Land Use category.
We are seeking the Planning Director's official determination as to whether another land use not
specifically listed under Section 3.3 of each POO may be deemed comparable in nature to other
permitted uses and therefore permitted within the POO's.
Ouestion 3
Is an automobile dealership (SIC # 5511) comparable to other permitted uses and thereby
deemed a permitted use in each PUD.
Our review of each POO indicates that the predominant land uses are C-4 and C-5 type uses.
Vehicle dealerships are permitted land uses within both the C-4 and C-5 zoning District The
property is located within an Interchange Activity Center. Limitations exist in each PUD which
more than adequately address any compatibility issues associated with an automotive dealership
use. Section 3.3.D.3 of each PUD prohibits the use ofland speakers or public address systems.
Section 3.4.k. prohibits pole lighting, but permits lampposts not exceeding 20' in height Lighting
may not extend onto adjacent properties.
Agenda Item No. 7 A
May 25, 2004
F:\JOB\KPRDDlWAVS31 013 L,doc Page 74 ~B
. Ms. Susan Murray, AICP
Re: Request for Fonnal Zoning Interpretation
October 13,2003
- Page 4
Each PUD permits a wide variety of more intensive retail uses, than automobile dealerships. We
have prepared for your review, a trip generation comparison for a home improvement superstore,
supermarket and automobile dealership. The peak hour trip generation rates for the proposed
automobile dealership is about one-third of that for a home improvement superstore, and about one-
fifth of the peak trips for a supermarket.
Based on the location of the properties, their permitted uses, and development standards, we believe
a positive determination can be made that automotive dealerships are comparable to other permitted
uses and deemed permitted uses within the Pine Ridge Center and Pine Ridge Center West PUDs.
Ouestion 4
We seek the Planning Director's concurrence that under common ownenhip of both PUD's
that a building may be constructed over the common PUD boundary.
This request for interpretation also seeks confirmation of the permitted building setback from the
common PUD and property boundary oftbe Pine Ridge Center PUD and Pine Ridge Center West
PUD. In our Site Development Plan pre-application meeting, we proposed development of both
POO's as a unified single-ownership project wherein a building would be constructed over the
common PUD boundary and property line.
-
Both PUD documents indicate that the side yard from the external PUD boundary is fifteen (15)
feet, however, staff present did acknowledge that where PUD's and conventionally zoned properties
were under common ownership and like zoning, construction over the common PUD or zoning
boundary had been permitted. lIDs is consistent with our understanding of the application of
minimwn yard requirements where properties are commonly owned and developed. Staff did
follow-up with a written confirmation indicating that in this situation, the proposed building could
be constructed over the common lot line.
We appreciate your timely review and response to the four areas of interpretation we are seeking in
reference to the Pine Ridge Center and Pine Ridge Center West PUD's. Please contact either
Richard L. Grant at (239) 514-1000 or me, if you have any questions or require additional
information.
Sincerely,
~,~-~
D, Wayne Arnold, AICP
Enclosure
cc: Richard L. Grant, SIG
Fred Pezeshka
,-
Agenda Item No, 7A
May 25, 2004
F:\1OBIJO'RDDIW A \JS31 01 3Ldoe Page 75 of 75
KPRDD
-.- .__._,-~ "...---~--"-,....,
,--
EXECUTIVE SUMMARY
CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc. represented by
Terrance Kepple, of Kepple Engineering, Inc., requesting Conditional Use #1 of the "E"
zoning district, to allow a "Church or other Place of Worship" for property located at 1235
San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County,
Florida, consisting ,of 4.86 acres.
-'
OBJECTIVE:
Staff is requesting that the Board of County Commissioners consider the above-referenced
Conditional Use application and to render a decision regarding the petition consistent with all
applicable codes and regulations to ensure that the community's interests are maintained,
CONSIDERATIONS:
The petitioner requests approval of Conditional Use Number 1 of the Estates (E) zoning district
for a parcel located at 1235 San Marcos Boulevard in Section 31, Township 49 South, Range 26
East in Collier County, Florida, to allow the development of a church, pursuant to Land
Development Code (LDC) Section 2.2.3.3.1.
,-
The petitioner wishes to construct an approximately 11,000 square foot church facility on an
undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a
single-family home that will be used for a caretaker. The single-family home site is a use
permitted by right, and a caretaker's residence is only addressed in the LDC within commercial
or industrial zoning districts where a residential use would not usually be allowed. As long as
the subject parcel allows the petitioner to meet the minimum requirements of the LDC for
parking, buffers, setbacks, and open space, the two uses would not be prohibited.
FISCAL IMPACT:
Approval of this rezoning petition would have no immediate fiscal impact on the County. The
County collects impact fees before the issuance of building permits to help offset the impacts of
each new development on public facilities. The impact fees that would be applicable to this
project are summarized below:
The current impact fees for an 11,000 sq. ft. Church are as follows:
Road $54,495.00
EMS 374.00
Jail 1,287.00
Govt. Bldg 2,541.00
Fire 3,300.00
(WaterlSewer To be determined)
- TOTAL $61,997.00
Agenda Item No. 78
CU-2003-AR-4003 -rad039DF,tmp May 25, 2004
Page 1 of 4 Page 1 of 54
,"-".
,...,........,
The current impact fees for a single-family residence are: (calculated for 2,000 sq. ft. living area,
no more than 4 baths)
Road $ 5,592.00
Parks 1,603.00
Libraries 296.56
EMS 104.00
Schools 1,778.00
Jails 117.98
GovL Bldg. 239.40
Water 2,570.00
Sewer 2,950.00
TOTAL $15,250.94
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Sub-
district) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan
(GMP). Relevant to this petition, Urban Designation Areas allow non-residential uses, including
community facilities, such as churches. Staff concludes the proposed uses for the subject site can
be deemed consistent with the Future Land Use Element. However, FLUE Policy 5.4 requires
..- that all new developments be compatible with and complimentary to the surrounding land uses.
As explained in the staff report, staff does not believe the conditional use will be compatible with
the neighborhood. Staff therefore recommends that this petition be deemed inconsistent with
GMP Policy 5.4. Therefore, the petition is not consistent with the overall GMP. Consistency
with the overall GMP is a prerequisite for a recommendation of approval for the subject petition.
Staff therefore recommends denial of the petition.
ENVIRONMENTAL ISSUES:
Environmental Review staff evaluated this petition and determined that there are no
environmental issues that need to be addressed at the rezoning stage. The Environmental
Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement
(EIS) was not required for rezoning. Environmental staff has advised the petitioner that
environmental issues will need to be addressed as part of any development approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on April 15, 2004. A motion was made by Commissioner
Abernathy and seconded by Mr. Murray to deny this petition, based upon the conclusion that this
use would not be compatible with the surrounding neighborhood. The vote resulted in a tie vote
of 4 to 4.
Mr. Adelstein made a motion to approve the petition with the following conditions:
,...
Agenda Item No, 78
GU-2003-AR-4003 -rad039DF,tmp Page 2 of 4 May 25, 2004
Page 2 of 54
...-
1. The conditional use approval to allow a church and other places of worship is
limited to a maximum of 400 seats and a maximum of 11,000 square feet in two
buildings. The use is further limited to what is depicted on the site plan identified as
"Apostolic Assembly of Faith in Christ Jesus" prepared by Kepple Engineering, Inc.,
dated 2/2103, stamped Received December 29, 2003", except as further conditioned
below.
2. Approval of this conditional use permit shall not be construed as approval of the
attached conceptual site plan; the site plan shall be formally reviewed and approved as
part of the SDP process. No variances from any LDC requirements have been granted
as part of the acceptance of the subject site plan. If it is determined that the site plan is
not in compliance with any LDC requirements, the site plan must be brought into
compliance prior to the issuance of any site development plan approval.
3. All lighting fixtures, to include parking lot and security lighting must not exceed a
height of 12 feet.
The following conditions were adopted as volunteered by the petitioner's agent at the
CCPC hearing
4. Outdoor services are prohibited.
....,~- 5. Outdoor loud speakers are prohibited.
6. The petitioner will provide sidewalks along the entire frontage of San Marcos
Boulevard, as part of the first phase of construction
7. Day care uses are prohibited.
8. Outdoor recreation areas are prohibited.
9. The petitioner must retain all native vegetation within the area designated as
"Existing Vegetation to Remain" on the site plan.
10. The petitioner must provide a gate at the entrance.
11. This project must be constructed in full compliance with LDC Section 2.8
"Architectural Standards" as if it were subject to those regulations.
Mr. Schiffer seconded the motion. The motion was based upon the supposition that a church in
this neighborhood would be an appropriate use. That motion also resulted in a tie vote of 4 to 4.
Therefore, the Board of County Commissioners will hear this petition with no recommendation
from the CCPC.
,-
Agenda Item No. 78
CU-2Q03-AR-4003 -rad039DF,tmp Page 3 of 4 May 25, 2004
Page 3 of 54
'-
STAFF RECOMMENDATION:
The proposed Conditional Use is inconsistent with the applicable provisions of the GMP, and the
uses allowable in this petition will not be compatible with surrounding land uses. Therefore,
Zoning & Land Development Review staff recommended Petition CU-2003-AR-4003 be
forwarded to the Board of County Commissioners with a recommendation of denial. However,
staff has included a list of conditions to which the petitioner has agreed (see CCPC discussion
above). Should the Board of County Commissioners decide to approve this petition, staff would
suggest that this list of conditions be included in that action.
,_"d
-
Agenda Item No. 78
CU-2003-AR-4003 -rad039DF,tmp Page 4 of 4 May 25, 2004
Page 4 of 54
'-'
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 7B
.,..,.....~
Item Summary This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members, CU,2003-AR-4003 Apostolic Assembly of
the Faith in Christ Jesus, Inc, represented by Terrance Kepple, of Kepple
Engineering, Inc,. requesting Conditional Use #1 of the "E" zoning district. to
allow a "Church or other Place of Worship" fa, property located at 1235 San
Marcos Boulevard, in Section 31, Township 49, Range 26 Easl, Collier County,
Florida, consisting of 4 ,86 acres,
Meeting Date 512512004 9:00:00 AM
Approved By
Susan Murray, AICP Zoning & Land Development Director Date
Community Development & 511112004 4:09 PM
Environmental Services Zoning & Land Development Review
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Envi,onmental Services Environmental Services Admin. 5112120048:44 AM
Approved By
Community Development &
Joseph K. Schmitt Envi,onmental Services Adminstrator Date
Community Development & Community Development &
EnvIronmental Services Environmental Services Admin. 5112/20048:54 PM
- Approved By
Constance A, Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5113120043:37 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 51161200411:50 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/1812004 9: 19 AM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/18120046:14 PM
,-
Agenda Item No. 76
May 25, 2004
Page 5 of 54
.-.."..-- ~...- ,~,~.
Co1Nt-r County
~--~ -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 15,2003
SUBJECT: PETITION CU-2003-AR-4003
PROPERTY OWNER/AGENT:
OWNER: Apostolic Assembly ofthe Faith in Christ Jesus
2780 lOth A venue, SE
Naples, Florida 34117
AGENT: Terrance Kepple, Kepple Engineering, Inc.
3800 Exchange A venue
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests approval of Conditional Use Number I of the Estates (E) zoning district to
allow the development of a church, pursuant to Land Development Code (LDC) Section 2,2,3.3,1.
GEOGRAPHIC LOCATION:
The subject parcel is located at 1235 San Marcos Boulevard in Section 31, Township 49 South,
Range 26 East in Collier County, Florida.
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner wishes to construct an approximately 11,000 square foot church facility on an
undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a single-
family home that will be used for a caretaker. The single-family home site is a use permitted by
right, and a caretaker's residence is only addressed in the LDC within commercial or industrial zoning
districts where a residential use would not usually be allowed. As long as the subject parcel allows
the petitioner to meet the minimum requirements of the LDC for parking, buffers, setbacks, and open
space, the two uses would not be prohibited.
Agenda Item No. 78
May 25, 2004
CU-2003-AR-4003 April 15, 2004 CCPC Page 1 of 9 Page 6 of 54
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Agenda Item No. 78
May 25, 2004
C~2003-AR-4003 April 15, 2004 CCPC Page 2 of 9 Page 7 of 54
^"._',,~ -.--- -,_._,
SURROUNDING LAND USE & ZONING:
North: a 2.38-acre tract occupied by a recently constructed single-family home, zoned "E"
East: a 2.38-acre tract occupied by a single-family home, zoned "E" with frontage on Saint Clair
Shores Road
South: a 2.38-acre undeveloped tract; then a tract with a single family home under construction, zoned
"E"
West: an undeveloped 4.78 acre tract owned by Diocese of Venice (Catholic Church), zoned "E"
.
"
Subject
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.
Property
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,
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
Comprehensive Planning' Section staff has reviewed this petition and offered the following
comments:
The subject property is designated Urban (Urban Mixed-Use District, Urban
Residential Sub-district) as identified on the Future Land Use Map (FLUM) of the
Growth Management Plan (GArfP). Relevant to this petition, Urban Designation Areas
allow non-residential uses, including community facilities, such as churches. Staff
concludes the proposed uses for the subject site can be deemed consistent with the
Future Land Use Element.
FLUE Policy 5.4 requires that all new developments be compatible with and
complimentary to the surrounding land uses. [See discussion regarding this Policy on
page 6.].
Transportation Element:
Transportation Development Review Section staff provided the followin~annem!NmiJ,l~
May 25, 2004
eU-2003-AR-4003 April 15, 2004 cepe Page 3 of 9 Page 8 of 54
,-,- this petition:
GMP Policies 5.1 and 5.2 in the Transportation Element read asfollows:
Policy 5.1: The County Commission (BCe) will review all rezone requests with
consideration of their impact on the overall system, and shall not approve any such
request that significantly impacts a roadway segment already operating and/or
projected to operate at an unacceptable Level of Service (LOS) within the five year
planning periqd, unless specific mitigating stipulations are approved. Traffic analyses
to determine significant project impact shall use the following to determine the study
area:
a. On links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 3% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 3% of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point
where it is equal to or exceeds 5% of the adopted LOS standard service volume.
Policy 5.2: Project traffic that is less than 1% of the adopted peak hour service volume
represents a de minimis impact.
A plain reading of Policy 5.1 yields this policy would apply to rezone petitions only -
where one zoning district is abandoned and another zoning district is placed on a property,
,- However, Transportation staff has historically applied this policy to Conditional Use
petitions as well, and recommended transportation-related stipulations based upon this
policy. The rationale is that a Conditional Use is a zoning action - it is the addition of a
land use beyond that allowed by right in a zoning district. The CCPC and BCC have
endorsed staff s interpretation and application of Policy 5.1 by recommending
approval/approving Conditional Use petitions with staffs recommended transportation-
related stipulations.
It is standard procedure for staff to propose .amendments to regulations to reflect
interpretations that have been made, whether by staff or the BCC. Policy 5.1 needs to be
amended to clearly read the way it is being interpreted/applied, something to this effect:
"The County Commission will review all rezone and Conditional Use requests ...", Policy
1.1,2 in the Capital Improvement Element reads similar to this Transportation Element
policy and needs to be similarly amended. These amendments will be initiated by
Comprehensive Planning staff during the next available GMP amendment cycle (in 2004).
Upon review of Conditional Use petition CU-2003-AR-4003, staff recommends denial
based on the following facts:
This petition is for a Church with a proposed building size of 12,000 square feet providing
services for approximately 400 people. The Traffic Impact Statement (TIS) for this petition
projects 439 trip ends on a Sunday and a maximum of 114-peak. hour of generator trips, All-
traffic will be entering from the South and exiting to the South on San Marcos Blvd. It is
assumed that traffic distribution from this site onto Radio Road will exhibit an evenly split
0_' of 50% East and 50% West. This segment of Radio Road between LiYin~stan Thoad~nd
Ag n a em o. 78
May 25, 2004
CU-2003-AR-4003 April 15, 2004 CCPC Page 4 of 9 Page 9 of 54
.---~ ,.,-~.,-.... _..... ._-,~_._~--
Santa Barbara Blvd. currently is operating at a LOS of "B" and is projected to operate at an
acceptable LOS of "c" within the five-year planning period, The proposed site impact on
this segment is 2.8% of the Average Annual Daly Traffic, Therefore, this petition appears
to be consistent with Policy 5,1 and not applicable to Policy 5.2.
ANAL YSIS:
To understand staffs position regarding this petition, it is important to understand the zoning and
development order history of the subject tract. A Conditional Use to allow the construction of a
church was initially approved for this site on November 12, 1996, A one-year extension of that
Conditional Use was granted on October 14, 1997. Another one-year extension was granted on
November 4, 1998. [NOTE: At that time, the LDC allowed up a petition to seek a maximum of
three, one-year extensions. Since that time, the LDC has been amended to allow only one, one-year
extension, ] The petitioner submitted for development order approval on October 1, 1999, just one
month before the Conditional Use would again expire, The development order was approved on
February 1, 2001, and that approval would have been valid until February 1, 2003, however, the
Conditional Use had already expired prior to that date, thus the church has never been constructed.
The staff report prepared on September 30, 1996 for the original Conditional Use petition indicates
that the surrounding area was undeveloped "with the exception of one home" located directly east of
the subject site. The 1996 staff report's "Summary Conclusion" stated "For the most part, this area is
sparsely developed and the timing for churches under this condition is much better than later attempts
when the neighborhood is more intensely developed." Therefore, at that time, staff based approval of
the original Conditional Use, in part, upon the contention that approval was appropriate because the
area had not developed, thus any subsequent lot owners and home builders would have been aware of
the church's existence prior to their consideration to relocate to this area. The church's Conditional
Use expired in 1999. Any potential property owner after that time would not have been aware of any
plans to construct a church at this location.
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely
affect the public interest; and 2) all specific requirements for the individual Conditional Use will be
met; and 3) satisfactory provisions have been made concerning the following matters, where
applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
The LDC requires certain uses to be reviewed as Conditional Uses recognizing that the uses listed
as allowable by Conditional Use have the potential to have negative impacts, as is identified in
the LDC Article 6 definition of Conditional Use quoted below:
Conditional Use: A use that would not be appropriate generally or without restriction
throughout a zoning district, but which if controlled as to number, area, location, or
relation to the neighborhood would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity, or the general welfare, Such
uses may be permissible in a zoning classification or a district as a Conditional Use if
specific provisionfor such a Conditional Use is made in this Land Development Code.
Staff does not believe adequate stipulations can be placed upon this Co~ Uem<Nina~Bthe
May 25,2004
ClJ.2003-AR-4003 April 15, 2004 CCPC Page 5 of 9 Page 10 of 54
- use "appropriate" per the Conditional Use definition quoted above, because of concerns about the
"rclation(ship] to the neighborhood," as discussed below.
As previously noted, this request is consistent with the Future Land Use Element of the GMP,
however the project is not consistent with GMP Policy 5.4, thus the petition is not consistent with
the overall GMP, which is the paramount requirement.
2, Ingress and egress to the 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 and egress to the site will be provided with the project's one access point onto
San Marcos Boulevard, however staff has concerns about "automotive and pedestrian safety and
convenience, traffic flow, and control," as discussed below, and does not believe the petition
should be approved.
The church traffic would be forced to travel through the existing neighborhood to reach the
church. Although the proposed uses will not generate an amount of traffic that would preclude
approval based upon the impact created by the number of trips on the adjoining arterial roadway
network (see transportation section analysis), Zoning staff has concerns regarding the public
safety and compatibility standpoint for the local street. Church traffic will be required to travel
approximately 3/4 mile north along San Marcos Boulevard, a local street, from Radio Road to
reach the church,
-
Looking south to Radio Road
San Marcos Boulevard is developed with the Sunny Acres and Southwind Mobile Home Parks
- near its intersection with Radio Road. North of the two mobile home parks are the single-family
homesites. San Marcos Boulevard ends at a canal, with a gravel road interconnecting San Marcos
Boulevard with St. Clair Shores Road near the northern terminus ofboth~~em No. 78
tv1ay 25, 2004
etJ.2003-AR-4003 April 15, 2004 cepe Page 6 of 9 Page 11 of 54
__..._nm ._._.,...~.
Church traffic should not, and most likely would not, travel farther into the residential area to find
alternative ingress and egress to Radio Road, Therefore, there are no interconnecting roadways
to share the traffic, and even if there were, the adjacent roadways all serve residential uses.
Planning principles dictate that more intense traffic, i,e" church traffic, should not be directed
through a less intense neighborhood. Specifically, non-residential traffic should not travel
through residential areas. The aerial photographs show the intensity of the residential use,
especially those uses located south of the subject site through which the church traffic would need
to travel.
Looking to the north to gravel roadway
3, The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
Churches normally have one day that sees the most use that being whatever day is observed in
that faith as the Sabbath. However, most churches or religious facilities also have functions on
several if not most other days of the week. The activities generate noise, from the traffic, and
music, which, of course, may be more or less objectionable to some than others. The vehicles can
create glare from headlights, and the parking lot or building security lighting could cause
additional glare. The petitioner agreed at the Neighborhood Informational Meeting to limit the
parking lot lighting to a maximum of 12 feet in height.
Many of the church activities occur in the evening hours, when the parishioners are not working
and are available to participate. As such, the activities tend to have the most effect upon the
neighbors because that is when the neighbors are also at home.
Agenda Item No. 78
May 25, 2004
elJ.2003-AR-4003 April 15, 2004 cepe Page 7 of 9 Page 12 of 54
, ~.,
..-.
4. Compatibility with adjacent properties and other property in the district.
FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to
the surrounding land uses. Based upon potential traffic, noise, and glare concerns, staff does not
believe a church at this location will be compatible and complimentary to the surrounding land
uses and the petition is therefore, inconsistent with FLUE Policy 5.4, as further explained below,
The original staff report submitted for the 1996 original conditional use petition contained a
discussion regarding the potential negative impacts that a church at this site might havc upon the
neighborhood, noting that there is "some potential for noise associated with the movement of
automobiles" and noted "a location nearly the artcrial systcm would be bettcr in this rcgard. At
this time, this location issue becomes crucial. No longer is the neighborhood an undeveloped
area; this church would negatively impact the neighbors. In the last year, a home has been
constructed on the lot located immediately north of the subject site, and another home is under
construction one lot south of the subject tract. In staffs opinion, the window of opportunity to
construct a church prior to the residential use developmcnt that was identified in 1996 has closed;
the church is no longer an appropriate use at this location.
The LDC only requires uses that are located in a commercial zoning district, or a commercial
component of a PUD, or non-commercial uses that front on arterial or collector roads, to comply
with architectural standards. This project is located on a local roadway and thus would not need
to comply with any standards. The petitioner could construct a building that is visually out of
- character with the single- family homes. This concerns staff, and could, in different
circumstances, be addressed with the conditions. However, due to other concerns that cannot be
addressed with conditions such as the church traffic traveling through the residential
neighborhood, staff does not believe it is prudent to approve the Conditional Use at all, thus a
condition to address a design issue is a moot point. However, if the Collier County Planning
Commission (CCPC) determines that it is appropriate to approve this petition, a condition should
be added to require compliance with the LDC architectural standards or require some type of
concrete block stucco fac;ade with tile roofs that would better "fit" into the neighborhood of
single-family homes.
NEIGHBORHOOD INFORMATION MEETING:
The Neighborhood Information Meeting (NIM) was held on October 16, 2002, with approximately
13 persons in attendance in addition to staff and the applicant's team. The neighbors voiced
opposition to the proposed use at this site and no agreement was reached on any of the issues raised
such as traffic and compatibility concerns. The petitioner did agree to limit all parking lot lighting to
a maximum of 12 feet in height, and to direct the light away from the neighbors.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend denial of Petition CU-
2003-AR-4003 based upon fmds that the proposed use would be incompatible with the surrounding
area and thus inconsistent with the Growth Management Plan.
,-
Agenda Item No. 7B
May 25, 2004
ClJ.2003-AR-4003 April 15, 2004 CCPC Page 8 of 9 Page 13 of 54
"--..,_.. ~--" ..~.."'." --."- -.--_._0__'_-
_.._~~_.-
PREPARED BY:
.LI (:..:\~ ;' :..( ,") [" L'
't(lLI, jJWLLI~IJ "oL b-
KA DESELEM AICP, P,UNCIPAL PLANNER DA TE
ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
-J/?"'" I? JA _ 3 - 3 (- oC-f
RA"YBFJt~ PLANNER DA TE
ZONING & LAND DEVELOPMENT REVIEW
__~-40 Y:t' L.j 1110 i
~jSAN MliRRAY,AICP, DlRECTO DATE
DEPARTMENT OF ZON1NG AND L ND DEVELOPMENT REVIEW
APPROVED BY:
-, /)/
'~/~ ~
,..- "'"<.......... ..,( J.. ~'I'
:l:S PH K_ ~ A >M ISTRA TOR 7J DATE
(I MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning CJmmission:
Ll!JliiL
RUSSELL A. BUDD, CHAIRMAN
Tentatively scheduled for the May 25,2004 Board of County Commissioners Meeting
Attachmenu.: A. Findings of Fact
B. Con;eptual Site Plan
Agenda Item No. 78
May 25, 2004
CU-2003-AR-4003 April 15, 2004 CCPC Page 9 of 9 Page 14 of 54
-..--~ RE-5UBMITT AL
CU-2003-AR-4003
PROJECT #19990668
.- DATE: 9/16/03
KAY DESELENI
-.. .. --_._-
APPLICA nON FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No,: Date Petition Received:
Commission District: Planner Assigned: _Kay Deselem
ABOVE TO BE COMPLETED BY STAFF
1. Generallnformati(!!!
Name of Applicant(::) ~A1>ostolic Assembly of the Faith in Christ Jesus
-, (FL address) Corporate Address
Applicant's Mailing Address _(2780 10th Ave. SE) 10807 Laurel St.
City __(Naples) Rm1!~ho Cucamonga State _(E1) CA Zip _(34117) ~'1730_
Applicant's Telephone #: _352-2540 Fax #
Applicant's E-Mail Address:
Name of Agent ~T3Ilce Kepple Firm Kepple Engineerimz Inc.
Agent's Mailing Address 3806 Exchange Ave
City _ Naples State FL Zip 34104
Agent's Telephone # 239 403-1780 Fax # 403-1787
Agent's E-Mail Address: _ KEIENGIN@AOL.COM
COLLJER COUNTY COMMUNITY DEVELOPMENT
,- PLA.NNING SERVICES/CURRENT PLANNING
2800 :'i. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400IFAX (941) ~968 Agenda Item No. 78
May 25, 2004
Page 15 of 54
~.~'''".<-~ .....-----"-... ~..._._.__.,." ,~,
~
~
...
Complete the fonowing for all Association(s) affiliated with this petition, (Provide additional sheets
if necessary)
Name of Homeowner Association:
Mailing Address City State _ Zip
Name of Homeowner Association:
Mailing Address City State _ Zip
Name of Homeowner ,\ssociation:
Mailing Address City State _ Zip
,
Name or Master Association:
Mailing Address City State -Zip
Name of Civic Association:
Mailing Address City State _ Zip
2. Disclosure of Interest Information:
a. If the property h owned fee simple by an INDIVIDUAL. tenancy by the entirety,
tenancy in commlll, or joint tenancy, list all parties with an ownership inter,e5t as well
as the percentage of such interest. (Use additional sheets ifnecessary).
Name and Address Percentage or Ownership
Agenda Item No. 78
May 25, 2004
Page 16 of 54
i
,
,
...
...
- b. If1he property is oymed by a CORPORATION, list the officers and stockl:olders and
the percentage (tf stock owned by each.
Name. Address 3J1l1 Office Percentage of Stock
A Non Profit Cor,poration
Sanchez. Daniel- president
I V alverde. Samuel -vice-president
Salomon. Daniel- secretary/director
Espinosa. Arthur - treasurer
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the tmst with the
percentage of interest.,
i Name and Addre5! Percentage of Interest
;
--
.
d. If the property :,5 in the name of a GENERAL or LIMITED P ARTNERSllIP, list the
*'-~.
name of the general and/or limited partners.
Name and Addres! Percentage of Ownership
-
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, includin!: the officers, stockholders, beneficiaries, or partners.
Name and Addresl! Percentage of Ownership
-
-
Date of Contract:
Agenda Item No. 78
May 25, 2004
Page 17 of 54
.--..-...--" ~_.. --- -~~"-"-
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f. H any contingc:ncy clause or contract terms involve additional parti(:5, list all
.
individuals or of5cers, if a corporation, partnership. or trust.
Name and Address
-
-
g. Date subject property acquired (X) leased ():01/1997 Term oflease _Jr.linos.
If: Petitioner has option to buy, indicate date of option: and date option
tenninates: . or anticipated closing date
h. Should any charlges of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of' the applicant, or agent on his behal( to submit a su pplemental
disclosure ofintc:rest form.
3. Ottailed 1e2a1 descriDtion of the DroDertv' covered by tbe 8DDlication: (Jlf space is
inadequate~ attach on separate page.) If request involves change to more than l)ne zoning
distri~ include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months.
maximum 1" to 400' s.;aJe) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed SUIVey may be
required.
Section: 31 Township: 49 Range: 26 -
Lot: 9 Block: Subdivision:
Plat Book Pagl~ #: Property I.D.#: 00294320004
'Metes & Bounds Description: See 31. Twp 49. Rng 26: N ~ of SE ~ of SW ~ t:>fNE Y.. .
Less the W 30 ft. road R1W. Collier County FL
4. Size of orooertv: J;~LJl X 659 ft. = Total Sq. Ft. 2] 1.539 Acres 4.S~
5. Address/2enen.lloca"OOD or subiect Drooertv: 1235 San Marcos Blvd.
r
6. Adiacent %OOiDS! aDd land use: Agenda Item No. 78
May 25,2004
Page 18 of 54
1
,
.
. Land use
Zoning
--
N E Residential
--
S Y Residential
E_E Residential
W_E Residential
Does property owner .)wn contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section: Township: Range:
Lot: Block Subdivision:
Plat Book ' Pagl~ #: Property 1.0.#:
Metes &, Bounds Description:
-
7. J'yDe of Conditional Use: This application is requesting conditional use # I of
the E district fhr (TYPE OF USE) Church and related facilities. -
---- -
Present Use of the prcperty: 'vacant
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Developfllent Code,
stafJ's recommendaticm to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further. satisfactory provision and arrangement have been' made concerning the
following matter~ wbere applicable. Please provide detailed rapoDH to e:lch of the
criterion listed belo'w. Specify how and why the request is consistent with each.
(Attach additional phges as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
.- and Growth Mamtgement Plan (include information on how the request is consistent
with the applicable section or portions of the future land A~cFc)ertMiWN~
attached. MHY 25, 2004
Page 19 of 54
-..---.- "~~H ....-. q- ~,,- ~ .._^--
.
.'
.
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and contro~ and access in case of fire or
catastrophe: See attached
c. Describe the effe<:t the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
See attached
d. Descn1>e the site':. and the proposed use's compatibility with adjacent properties and
other properties in the district:
See attached
e. Please provide any additional information which you may feel is relevant to lhis request.
See attached
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being leqUested in
order to ascertain wht:ther or not the request is affected by existing deed restricti ODS.
Agenda Item No. 78
May 25,2004
Page 20 of 54
-
Conditional Use Application
8. Evaluation Criteria
a. The GMP allow:. the LOC to provide for the uses within each zoning district
This conditional use is permitted through the E zoning district and development of the
project will be in accordance with the LOC.
b. Access to the sit~ is via Radio Rd. and San Marcos Blvd
c. The c~urch can have a positive effect on the neighborhood, the property will be
developed for a church and services will be held 1 or 2 days a week.
d. The existing site is vacant, upon development, the site will contain a chmd. and
required parking. The r:mainder of the site will be landscaped in accordance with the
LOC and will have 1 S ii)()t buffers on the north, east and south and a 10 foot buffer on
the west
te. The church bas purchased this property to provide a site for their services. A
conditional use is requiJed in all zoning districts except commercial, where the value of
the land is not within m>St churches reach.
>-
,- RE-SUBMITT AL
CU-200~ r. 78
PROJE a ~ ~O04
DATE: 9/16/0 ~ge 21 of 54
KAY DESELE
..-".-.-..- &_..-',"....... ,-_..-"._--
.
. ' 10. Previous land use p.~titions on the subiect DroDertv: To your knowledge, has a public
.
hearing been held on this property within the last year? If so, what was the nature of that
h . ?
eanng ,
NO
11. Additional Submittd reouirements: In addition to this completed appli(:ation, the
following must be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a . A copy of the pre -application meeting notes;
b. Sixteen (16) copi es of a 24" x 36" conceptual site plan [and one reduced 811z" x 11"
copy of site planl drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for di:>tribution to the Board and various advisory boards sllch as the
Enviromnental Ad visory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions tor existing and/or proposed ingress and egress (including ped ~strian
ingress and e!1ess to the site and the structure(s) on site),
. all existing an:llor proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking fOJ" the
disabled),
. locations of solid waste (refuse) containers and service function areas,
. required yard:;, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and.'or existing landscaping and buffering as may be required b)" the
County,
. location of all signs and lighting including a narrative statement as to the ~:ype,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not ,JD EIS is required, two copies of a recent aerial photograph, (taken
within the previou twelve months). minimum scale of one inch equals 400 fe et, shall be
submitted. Said a~al shall identify plant and/or wildlife habitats and their boundaries.
Such identificatioll shall be consistent with Florida Department of Transportation Land
Use Cover and Fe ems Classification System.
e. Statement of utili ty provisions (with all required attaclunents and~~~em No. 78
May 25, 2004
Page 22 of 54
,
, f. A Traffic Impa(t Statement (TIS), unless waived at the pre-application meeting;
.
~- g. A historical ard archeological surveyor waiver application if property is located
within an areE. of historical or archaeological probability (as identifed at pre-
application meeting)~
h. Any additional requirements as may be applicable to specific condition al uses and
identified during the pre-application meeting, including but not limited to my required
state or federal J,ennits.
-
,-
Agenda Item No. 78
May 25, 2004
Page 23 of 54
"'-"--'---'--'"---'--- ,~_~O> _.~. .'. -,._-_._-_.~._".,,,._~,-
CU-2003-AR-4003
~. PROJECT # 19990668
...' .. DATE: 4/17/2003
, , KA Y DESELEM
ADl)'" '3 !VG CHECKLIST
PIe;:' , ''.>..If':ctC the following and sllbmit to the Addressing Section for Review. Not all items will apply to
~_,:_j~~1. Items in bold type an: required.
1. Lc;;;a I descriptio~ of su~t property or properties (copy of lengthy description may be attached)
_.._,_. Je ~ ,;J- /'t"~/
2. F, ,; 0 (?r~perty ID) Dumber(s) of above (attach to, or associate with, legal description if ",ore than ,one)
--,_..__,~r2tJ"iff J z,t9&'O Y '~
3. si,""'?t "d~lress or addresses (as applicable, if already assigned)
_Lki ~ )~# M'.J'/'I:7? ,;/"'/
4. f_ u-:7'.~- map, showing exact location of project/site in relation to nearest public road right.oof-way (attach)
5. Co;:y ofmrvey (NEEDED ONLY FOR UNPLAITED PROPERTIES)
6. Pro)'",'?: ;lroject name (if app/ic.'lble)
--_....~_..,--_._-
7. Pr0ro<;~d Street names (if applicaMe)
--
---
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP -
9. PetitioD Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development PIal) o PPL (plans & Plat Review)
o S:)P A (SDP Amendment) o PSP (preliminary Subdivision Plat)
o SDPI (SOP Insubstantial Change) o FP (Final Plat)
o g(p (Site Improvement Plan) o LLA (Lot Line Adjustment)
o SIP A (SIP Amendment) o BL (Blasting Pennit)
o SNR (Street Name Change) o ROW (Right-of-Way Permit)
o VegetationlExotic (Veg. Removal Pennits) o EXP (Excavation Permit)
~ Land Use Petition (Varian~ ConQition.aIJ.l.se., o VRSFP (Veg. Removal & Site; Fill Pennit)
Boat Dock Exl, Rezone, PUl) rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
11. P~ease Check One: 0 Checkli:;t is to be Faxed Back ~ersonally Picked Up ,
12. Applicant Name -';'r/v {(;f'/t' Phone '14 ,~ Fax
13. Signature on Addressing Checklist d s not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY RECEIVED
Primary Nurnber~
Address Number APproVedgm-9AAPIP Bate .~--~
Address Number
Address Number
Agenda Item No. 78
May25, 2004
Revised 3-21-01 Page 24 of 54
----"
Apostolic .la.8mbly of the Faith In Christ J.sus
- Baldemar Rodrigua , 0uUef S6nc:ha
8ISHOP PRESIDENT 8l8HOP va PNIlDENT
Samuel ....'a1verd. Arthur Espinosa
co.:N~ SECRET.\RY GENEML TREAS~EA
.
1~7 lAUREL STREET ' JWiI:HO CUCAMONGA. CAlIFORNIA 91730 ' (909) 987.3013 . (S()9) 481-5691 FAX
CORPORATE RESOLUTION
On the 1 Jtlt day of July, 2001, a meetina of the Board oCDirectors of the APOSTOl,.u:
A..8SEMBL'Y OF THE FAITH IN CHRIST JESUS. INC., was duly called and held in
accordance with law and 1 he bylaws of the Corporation at which a quorum of the voti DB members
wu preseo~ and the followma resolution was adopted:
RESOLVED that authori:~tion be and is hereby liven to Rev. Alvaro Aldatla, Pastol'ofthe
Apostolic .AMssembly ofNI,ples, F1ori~ to act as an aaent of the APOSTOLIC ASSEl~L Y aod
initiate procieedinp relevlnt to the obtaining of a construction loan in the amount not to exceed
$300,000 (11bree Hundn:d Thousand Dollars) with Community Bank of Naples.
RF..50L VEt) that loan fluids of the aforementioned transaction be used for the construction of a
church buiJdina on the property located at the empty lot predetermined for this purpose in the city
of Naples, Rorida.
RESOLVED that all nece:ssay documents reflect the APOSTOLIC ASSEMBLY QF TIll
- FAITH IN CHRIST JESltl.5 as the seller, borrower, buyer, grantor or grantee as applicable.
WHEREAS the President and General Secretary of the Corporation, in conjunction. are solely
authorized to sian all necessary documents on behalf of the APOSTOUC A~SEl\UII..Y OF THE
fAITH IN CHRIST JES'!S.
RESOLVED that all necessary documents be drawn reflecting President Baldemar Rctdrlauez and
General ~tary Samuel Valverde as the signing corporate officers representina the (:orporation.
I, Rev. Samuel Valverde, dlJly elected Genual Secretary, do certify that this is a true ar1d comet
copy of the resolution adopted at said mcetina of the Board of Directors of the AfOSTOLlC
ASSEMBL"l( OF THE FAITH IN CHRIST JESUS.
IN WlTNI. WHEREOlr.1 have hereunto set my hand u Secretary of the Corporation. and
hav~,~Ott~ tht: official seal of the Corporation this 11th day of July. 2001.
~j;'~
. .-
.,- - .., .. -
'~rVaJWrde ~
"AIId'&:_~~TI1>>~fiO" 0/ Ih~ apostles and prtJphetS, J~SIU Christ Himself b~;ng 1M diet "OT1l~' StOM."
.........~........ .... ~P,lf~:J\NSf?,LI
............ 0#; _ __._.
Ishmael Arellano Ju.n fortino Luciano M. Monta Daniel SalomOn
,-, SecRETARY ~ SECRETARY SECAETAAY
FOREIGN MISSIONS NATONAL EVANGELISM CHRISTIAN EDUCATION Agenda Item "'~~SIBTANCE
May 25, 2004
Page 25 of 54
I
,
,- -,. '.".-.-. .-.,.
, . RE-SUBMITT AL
CU-2003-AR-4003
PROJECT #19990668
DA TE: 9/16/03
'. KA Y DESELEM
-
l'J::lples, Florida 34104 . ~l) 403-1780 · Fax ~1) 403-1787
239 239
Apostol ic Assembly or the Faith in Christ Jesus
TIS
See 31, Twp 49 , Rng26
" February 2003
" Based OD ITE Trip Generation Manual, 6th ~dition
Land Use: 560
Church
The'proposed site is located at 1235 San Marcos Blvd.
The project cbqsists of a 4.9 +/-, acres. The proposed building will seat 400 people for
services with churcb ofappr:>ximatdy (12.000 sf). Parking will be provided for the
, church in accordance with tIle LDC (approximately 171 spaces).
In accordance with ITE Trip Generation manual this type of facility will generate the
foDowing traffic:
Trip Generatioa
Average Vehicle Trip End~
0., a weekday
9.II/lOOO sfx 12 = 109.3 trips
500./0 'eot,erins - 54 tri ps
500.10 e:dting - 54 trip: ~ ' .
Peak Hour of adjacertt street AM
0.7211000 sf]c 12 = 8.6 trips
'54% entering - 4.6 trips
46% exiting - 3.9 trips
Peak Hour of adjacet1t street PM
0.6611000 sf,: 12 = 7.9 trips
I 54% entering - 4.3,trips ~~.
46% exiting - 3.6 trips
Peak Hour of generator, AM
t/~J '
'1.28/1000 sf ,,: - 15.4 trips
500.10 entering - 7.7 trips --. .
-
Agenda Item No. 78
May 25, 2004
Page 26 of 54
I ., .
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:500.4 exiting: 7.7 trips
.~--- .
Peak Hour of genera::or. PM
1.41/1000 sf;( 12 = 16.9 trips
59% entering - 10.0 trips
41 % exiting - 6.9 trips
00 a Sundar
36.611~ sf:, 12 - 439.2 trips
50% entering - 219.6 trips
500,4 exiting - 219.6 trips
Peak Hour of Genera tor
9.4911000 sf,; 12 = 113.88 trips
51% entering - 58 trips
49'.4 exiting - 55.8 trips
Trip Assignmeat
All traffic will be ente ring from the South and exiting to the South on San Marco s
'Blvd At Radio Rd. traffic will be evenly split SOOAt East and SOO/. West.
EDstiDg TrafI"lC
- Radio Rd. 22.943 AADT
24.778 PSDT
LOSe
Impact of propoHd 1IH
The proposed church M11 have minimal impact on Radio Rd. The project will
generate less than 0.5 % AADT. Since thc church is currently having services elsewhere,
it is cxpected that the project will relievc traffic from other roads while having minimal
impact on either of these road s.
.-
Agenda Item No. 78
May 25, 2004
Page 27 of 54
- _.~....._._-~_.__.~.__..- M^__ ~.._. ,- "-^'-'.--'---
.
"
.
STATEMENT OF lTllJ1Y PROVISIONS FOR CONDmONAL USE REOUEST
1. NAME OF APPL[CANT: Apostolic Assembly of the Faith in Christ Jesus IJ~
2. MAIUNGADD~ESS: 2780 1011a Ave. SE -
CITY Naples ZIP 34117
3. ADDRESS OF SllJJECf PROPERTY (IF A V AILABLE): 1235 San Marco Blvd.
4. LEGAL DESCRIlmON:
Section: 31 _ Township: 49 Range: 26
Lot: 9 BI oele Subdivision:
Plat Book Page #: Property LD.#: 00294320004
Metes & B~undJ DeKription: . See 31. Twp 49. Rng 26: N ~ ofSH ~ ofSW ~
ofNE 1/4 . Less the W 30 ft. road RfW. Collier County FL.
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM D
b. CI1Y Um.JTY SYSTEM 0 .
c. FRANCHISED um..rrv SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM rxJ
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILI1Y SYSTEM 0
b. CITY UTD..JTY SYSTEM 0
c. FRANCHISE D um..rrv SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) ~
e -'
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Agenda Item No. 78
May 25, 2004
Page 28 of 54
,
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7. TOTAL POPULATION TO BE SERVED: 400 seat church
,-,
8. PEAK AND AVERAGE DAll..Y DEMANDS:
A. WATER-PEAK _3,750 AVERAGE DAILY 1500
B. SEWER-P~;AK _3.750 AVERAGE DAILY - 1500
-
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUN1Y REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED: .
, -
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage trc:atment process to be used as well as a specific statement re:~ding the
method of effluent and sludge disposal. If percolation ponds are to be used, then :percolation
data and soil involved shall be provided from tests prepared and certified by a J:rofessional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services bClundaries of Collier County's utility service system, writtell notarized
statement shall be pl 'ovided agreeing to dedicate to Collier County Utilities the water
distribution and sewa,~e collection facilities within the project area upon compktion of the
construction of these facilities in accordance with all applicable County ordinances in effect
at the at time. This statement shall also include an agreement that the appli~ble system
development charges and connection fees will be paid to the County Utilities Division prior
,- to the issuance of building permits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for :;erving the
water and sewer systems.
12- STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or oth~rwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a,
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided.
Ut11t7 r-nm.IoR sw--t RJM 10ll7f')'/
,..-..
Agenda Item No. 78
May 25, 2004
Page 29 of 54
.__.~_.~ ". .~."- -'-.....-
.
, COJIDITIONAL USE APPLICATION
.
SUBMITTAL CHECKLIST
THIS COMPLETED ClfIECKLIST IS TO BE SUBMJTJ'};D WITH A)>>PLICATlON
PACKET!
REQUI~~MENTS #OF NOT
COPIES REQUIRED REQUIRED
1------
L Completed Application 16* X
1----.
2. Copy of Deed(s} and list identifying Owoer(s) and all 2* X
I--- Partners if a Corporation
3. C()mpJeted Owner/AgeDt Affidavits, Notarized 2* X
4. Pre-,application notes/minutes 16* X
~. CGnceptual Site Plans (illcluding (1) 8-112 X 11 copy) 16* X
.-.------
r 'I ,';yjronmental Impact ~;tatement - (EIS) 4 NA
.,
-- ~.~
7. Aelial Photograph - (wi1:h habitat areas identified) 5* X
8. Completed Utility Provifions Statement (with required 4 X
.' '~;1.d.ments and sketcht~)
-- ---..-,
9. Traffic Impact Stateme.lt - (TIS) 4 X
10. Historical & An:baeolo~icaJ Survey or Waiver 4 NA
Application
11. Copies of State and/or Federal Permits 4 NA
12. Architectural ReoderiDI: of Proposed Structure(s) 4 X
13. Application Fee, Data C onvenioD Fee, Check shaD be -
made payable to Collier County Board of
Commissionen
14. PUBLIC PARTICIPATlON MEETING:
APPLICATI()N SUBMrITAL:
Copy of Affidavit attesting that aU property own en,
civic associations & proJ>erty owner associations were
notif"Jed.
Copy of audio/video rec,)rding of public meeting
"'riUen account of mee1 ing.
15. Other Requirements -
· 1JoI::uments required for Long-F:ange Planning Review
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this cbect1ist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in~~~~ /~v
-L ~~
Applicantl Agmn 19nature Da~genda Item No. 78
May 25, 2004
Page 30 of 54
. -. -+-
.
,
.
-
AFFIDA V1T
We/I, iiLlICltO" ~~) ~ A J Jaf}o....being first duly sworn, depose and S:lJ' that we/I
am/are the owners of thtfproperty described huein and which is the subject matter of tIN proposed
hearing; that all the answers to the questions in this application, including the cfisclosure of
interest information, all ~~tches, data, and other supplementary malter attached to and mode a
part of this application, are honest and true to the best of our Icnowledge and belief. Well
understand that the informeltion requested on this application must be complete and cJccurate and
that the content of this fon." whether computer generated or County printed shall not be altered
Public hearings will not be advertised until this application is deemed complete, ami all required
information has been submitted
As property owner WeRfim'her authorize Terrance Kepple to act
as our/my representative in any matters regarding this Petition.
d1f/l;f;i ~~ Signature of Property Owner
Signature of perty ~'r
-
!dll~;JI .AJJ>/~//;fi
Type or Printed Name of Owner Typed or Printed Name of Owner
,
Theforego~~~edged before methh _j$'fk doyof ~~ .
2063 by . who is personally known to me or rodu.:ed
~-f+l.f35 --n () as identifiCation.
(PJ -3050- '
State of Florida (Si ~
re of Notary Public - ~Jte of
County of Collier Florida)
r:>:~/.',' ' VI .......----.-...-.'..~ ......;,,:
.,:~, ,.I:i i,'U:-3~l\fi:' "i~ --Jt hI' )", X. /Y)I.I,'X' .a-k---
..':;;::~:'.:l;~!-i 1,~~~.~.~:~'::" ~~
\, ','.
~i _ _ ':0. .:~. _ _tl _ ~ ___ ::I.Il~ ."~~~:~,~~~~,,'l!' ~__ ~_ it (print, Type, or Stamp Commissioned
'.,.. .,.....- ...--;.,......~., -_......._---+-- "'-:...'
Name of Notary Public)
,-
Agenda Item No. 78
May 25, 2004
Page 31 of 54
~._. ._-,-_.",..,,~ "..-.-......... ._.,..^,,~- --.-"..-
"This IDSlrumcul Prepared Wilbout C pinion By:
ttan Bailey, Anomeyat Law CU-2003-AR-4003
..997 181b Av_ SW
Naples. FL 34116 PROJECT # 19990668
DATE: 4/1712003
KAY DESELEM
rSpace Above This Lioe For Reconlin, Dalal
Warranty Deed
(Slatulory Form. FS 619.02)
This Indenture, IIIIIde Decembw 17. 1996, betweea RIOIARD D. JARVIS. a married maa, of tho::taIe of
Florida in the Couoty of Orup. 3raolOr, whoso poll office .ddreu is 2053 Woody Drive. WindermeR, Florida 34716, IIId
APOSTOLIC ASSEMBLY OF TIrE FAITH IN CHRIST JESUS. 1Dc., wbose post office address is 10807 Lawe1 Street. lWaclJo
Cucamonga, Califomia 91730, aDd wboee PederaI Tax ID is 95-M879S5, Graotoe;
\Vitnesselh:
That lbe aid Grantor, for IDll in coasideratioa of the IIlDI of $10.00 aDd other valuable consideratioo, to Grantor ill haDcI
paid by tho said Grutee. tho recei:lt whereof is ben:by 8daIowIedged, baa JlUIed, baraaiDed aad IOId 10 the said Granl:lO, aDd
Grantee's beirR aDd auipa fOf'llVff, tho followinl deecribed Iud, to wit:
Tho No r1h 1/2 of tho Soul! oeul 114 of the SoutbweIt 1/4 of the Nortbeas& 1140 f Sectioo 31, Township 49 South,
RanII' 26 East, Lea the West Thirty Feet (30') RRlVed b roed ri,bt-o~y and .Iililia, as ~rded in
iDslnllDCllC in Official Rex,rds Book 610, Pap 1989, Public Records of Collier Couoty, Florida.
GRANTOR W ARRANTS AND lUPRESENTS TIIA TTHE PROPERTY BEING CONVEYED IS UNIMPROVED ACREA<: EAND
IS NOT THE HOMESTEAD PROPERTY, NOR CONTIGUOUS TO THE HOMESTEAD PROPERTY, OP GRANTOJr, WHO
RESIDES AT 2OS3 WOODY DIlI'TE. WINDERMERE, FLORIDA 34786.
(For IDformatiOD Only: Propeny AllPfaiser's Tax ldeatificatioD Number is 002943200(4).
To have and 10 bold the sa_ in te, simPle forever.
Together with &IIY ud all ~Ia, bend.itlutlalla IIIId ~ thereto beIoctJiDI or in 1IIIywi8e appertaiaiu,. Sl.l!jOClto
':a5emeats, resllictioaa, .-vetioaf IIId limilatiou of record COIIUDOIIIo the lUbdivisioa. maiD, aDd ocher JOVWDIDOIItaI rq ulUioa.
;JDd taxes for tho cum:at yew and I~ years.
And tho said GflllllOr dora hereby fully wammt the title 10 said Jand, aDd will defald the same apiD&t !be '-ful cw- of
.111 persons whOmsoever,
WbereYer Ulled herein, tho ten. "Gr&IItor" aDd "Grantee" Ihall iDcIude all tho partia 10 this iDstruuxot &Dd tho bein.1epJ
represeolatiY'ell llIICI spa of iDdi\ idaab, &Dd the succc:saon aDd assiJDI of c:orporali<lIIs
Siped, seaJecl &lid delivemf in the pr--. of:
Sip ~~ Sip a4"lLJy2~/:"I' (Seal)
NO.1 RICHARD D. Jf-RVlS
Print ./CAAr/ p. S~)o!.S Print RICHARD D. JARVIS
WITNESS NO.1 .
"-
Sip A/I~ ~ 1 ~ .Lt./ hiCi9
WITNESS NO.2
Print "", I """ 'A-IlL hot ( tOOf7X'
WITNESS NO.2
STATE OF FLORIDA
COUNTY OF t'~
The foreeom, . ,meat NaB ackDowIedpd before me this / ~ day of j ,..,J~ A-/Z 'f --I~
by RICHARD D. JAAVIS..wbo l.k::rwlI8 ~Iy bow1IlO _ or wbo L-> buIhav. pI'Oduced -
as identi6catioa. ~~~
-
Slate of Florida at I...vp {NOTARIAL SEAL~
Commillioa Expira: A~da Item o. 78
Commiaaioa No.: . 'i. ..,::ml~ 2004
* * ~~320f54
_w
~.",. -..-,-
CU-2003-AR-4U03 \
!
. ;
" . PROJECT # 19990668
,.
'-' .
. DATE: 4/17/20~13
,- KAY DESELE1'1
(:ONDITIONAL USE PETITION
:PRE-APPLICATION MEETING NOTES
- & SUBMITTAL CHECKLIST
Date: ~... 22,-02. Time: 3- pm Planner: '(..A. "(' \)E~ 'ELEH
Project Name: ~POS\t) Uc.. CL.1U2..C~
Project Addr/Locatinn:' ,\ 235 ~~ l-tAe..c.cs -:a. LV.D
Applicant Name: -r "FV ~V ~~ Phone: 403 -.\7So
Firm: Kt.wu:- t:.~ -
Type of Petition: CU, f81 C'n.ur-c.,^ \'E \1
Current Zoning:
--
Owner Name:
-
--
Owner Address: Phone: -
-
Meeting Attendees:
~J
~ p:~aC.
SUB MITT AL REQUIRE,\IIENTS:
t'9 Application, com )Ieted
t'--O Addressing Chec:klist signed by Addressing Dept
~ Pre-application meeting notes
'f-O 16 copies of Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 copy)
~J Copy of Deed(s)
- ~ Completed Owner/Agent Affidavits, Notarized
Environmentallrr pact Statement (EIS), or waiver. - w~ ~ '
~ Aerial Photograpll (taken within the previous 12 months) Agenda Item No, 7B
Statement of utiliiy provisions (with all requirod attachments & sketc~ 25, 2004
. e 33 of 54
I
.,-- ...,,-.-- ". ,--~. _.~~.""---,,- '. . -.. --..--
" .~
~ Traffic Impact :;tatement (TIS), or waiver . \y+
Historical and Archeological Survey, o~ \I>lJ(
'''@ Copies of Stale and/or Federal Permits- '-/1"" ~
'bJ Architectural R1mdering of ProposedStructure{s) tJ o....-'f-
~ Pre-application Fee $300.00 (to be credited toward application fee below)
~ Fees: :;2000.00. Application Fee
25.00 Data Conversion
*$300.00 if filed in conjunction
with a rezone petiti on
OTHER RECUIREMEUTS: ~~rJ~ ISSVL O-r MLd
0
0 ~ Wo,-U (Q.~Ul(Q.
0
0
NOTES:
-r7S , S; D € w A c...k.... f:-I-.J D'S
.
'51t>G~ to ~ f-\IGf.l VIS, 51 ur{ X - t.,...IAU::.:5
.
,
(0" /-4ANDt CAf.~ '-IN~S 'S;,OP Co"-i~ L"S
,
1t' ~o~ \.-.,~ ~.> 'v\.O+ O\A.. c.0 """''-4..t..e....G. u::.J ~~ ~
\~'~ ~.L~ ~ ~~~~\ er lJ!>\l~_k.r ~{-tk.,$1
c-r~.\-.cz,J.v~~\ g~~ c::lo \A.O~l:>~~' c..V,
E~su(!-~ o.....~ sDP ~1CNl9 C\(Q SOU~~~
~~- Sl)p e \(L, lCOT \-0 c-u rt~:
.
No
\NAII1...JGr FO-e.. ADPn.e-56l~ ~f-Us1~ ~ c..~L
GJ.~v E \ z:~'t A c, P\{ b~ L\~A. ~.. S- c...~~ ~
"5? \J'p\ \c.. ~~~'l1 ~
Agent/Owner Signature Date:
Agenda Item No. 78
May 25, 2004
Page 34 of 54
2
i PRE-ApPLICATION MEETING
,
n SIGN IN SHEET
~
- '/\'PD51DLlC tJ-\JJ~C~ CCiJ l735 ~ HA2cc.s ~-28-02-
Project Name Date of M'~eting
I Pa.eASE ~
, Name Division/Dept Regarding Phone Number
,
Kay Deselem CDES/Plng Srvcs Current Planning (239) 213-2931
~(~ l;, f2~t. tJ ~ \U~I;.J..: ~u E MG , {('V (,v. ClI. ,. 6~ -::.-7~-1
~C(..(,A/~ \A~ C4/ZeNf 7"-'+I'1/N'LI\I6 ,~~. $7 z.<=1
-euSS J\1u l I r;:e f:N G ,,.jEt:; rc...t ,...J Gr ""'f.o5- 2400
c,-u:. rr 0 f2- i1' !) G~~i<.C.1 A C. C. 77<ArJS. k"".v}J(N& .;<. Ig-Sa (9
- ~ 6<~ ~ 5)6- 21ff{--
etnlen - b<1lf -/rtl,
? /f;P"j, ~1': r2J ~,-) 7~
. . - .
,-
F:\forms\Pre-App sign in ShE!et.doc 6/6/02 Agenda Item No. 78
May 25, 2004
Page 35 of 54
,~.".__.-.. "-~'-"-"""-"'-'------'-""~-" _.,.,-,.---- -,- .~.~._-- ,- ",-----
r'~.
.
, .
ADDRESSING CHECKLIST
Please complete the following and S'Jbmit to the Addressing Section for Review. Not all item~ wiJl apply to
every project. Items in bold type are required
1. Legal description of su~t pro}erty or properties (copy of lengthy description may be attached)
_ ?",p~, ~/~"#~
2. Folio (property JD) Dumber(s) of above (attach to, or associate with, legal dllScription ifmore than .one)
~tJ"'?(f J ~CJ/.1tJ Lf '..
3. Street address or addresses (as a,ryplicabJe, if already assigned)
/1r,~ ~- "., #J,,,/&~ //v/
4. Loc~jj(}";l mnp, showing exact I((:ation of project/site in relation to nearest public road right-or-way (attach)
S. Copy of survey (NEEDED ONL Y FOR UNPLA TIED PROPERTIES)
6. Proposed project name (if applicable) .
7. Proposed Street namest(ifappJica~le)
8. Site Development Plan Number ,:FOR EXISTING PROJECTS/SITES ONLY)
SDP -
9. PetitioD Type - (Complete a sq1arate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan) o PPL (plans & Plat Review)'
o S~)PA (SDP Amendment) o PSP (preliminary Subdivision Plat)
o SDPI (SDP Insubstantial Q,ange) o FP (Final Plat)
o SIP (Site Improvement Plan) o LLA (Lot Line Adjustment)
0' SIP A (SIP Amendment) o BL (Blasting Permit)
o SNR (Street Name Change} o ROW (Right-of-Way Pennit)
o Vegetation/Exotic (Veg. Renoval Permits) o EXP (Excavation Pennit)
~ Land Use Petition (Variance" Coadiji<maU)se. o VRSFP (Veg. Removal & Site Fill Permit)
Boat Dock Ext, Rezone, PUD rezone, etc.)
o Other - Describe:
10. Project or development namc;o. J'Ioposed for. or aln....:y appearing in, condo~inium do~'rnents (if
applicable; indicate whether proJ'osed or existing)
fI. P~ease Check ODe: 0 CheckIi:rt is to be Faxed Back ~crsonally Picked Up .
12. ApplicantName -';'r/',1" 'f:ifrlt' PboDe 'I~J~ Fax
13. Signature on Addressing Checklist d not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY HfCflVED
Primary NWlllber 33l:z33
Address Number
AddrcssNwnber
Address Number a*~~~
May 25, 2004
Page 36 of 54
Revised 3-21-01
RE-SUBMITT AL
CU_2003-AR-4003
PROJECT #19990668
DATE: 9/16/03
KAY DESELEM
_..- - - -
. Naples, Florida 34104 · (239) 403- 1780 · Fax (239) 403- 1 787
Kay Dcselem
Planning Services
2800 N. Horseshoe Dr.
Naples, FL 34104
September 3,2003
Re: Apostolic Assembly of the Faith in Christ Jesus
CU-2003-AR4003
Public Infonnation l,feeting
Dear Ms. Deselem,
- The referenced meeting was held on October 16,2002 at the Golden Gate Commurity
Center. lbere were sevl:ral neighboring property owners in attendance. During thl:
meeting, we discussed the plans for the church and attempted to address the neighb:>rs
I:oncems.
On behalf of the church, we did agree to have any/all parking lot lighting a maximum of
12 feet in height as well as directed away from neighboring property.
Respectfully,
~~~
Terrance L. Kepple
.-
Agenda Item No. 78
May 25, 2004
Page 37, of 54
.---,---,-- ~"'.~"-- _..._- ---,,--,- .-_.' . ".~.
-- --
... ,.pt.bu,..rlnfo,milltrotf... ....-etlng . . I
:
I
" ." " " .. , '
Apo~tolic Ass~mblY of the Faith inJ~hrist Jesus I
,
Mark Your The meeting . ,wH~._._b~ held on
Calendar, Wednesday, October,'16. 2002, at
To Attend the Golden Gate Community Center, :
4701 Golde3n Gate Parkway, Naples. :
The meetirlg will start at ~
Purpose Infonnmembers of-the public of a
of Public proposed conditioned, use of a 4.7
Infonnation acre parcf31 located at 1235 San
Meeting' Marcos Blvd. In Sec. 31, Twp. 49 S,
, Rng 26 E.
Proposed To estabUsh a conditional use to
Project' allow developm'ent ,of a church, :
Description church ofUee and related fapilities.
Got j.n Got. Parkway
Proposed
Church
"Ii ' ~ I
II:: m
~ Rodlo Rd. e . I
~ 0
-e i
< EB
2
c
0 ,
lI'l I
Davie Blvd
I
:We Value Comments ancl other information
.Your Input' relevant to, the proposed petition I
may pe submitted at the meeting, ,
either verbally or in writing, or by I
mai'f, ph()nf~, fax, or e-mail to:
: l.inda'~e~9Iyon, Interim : " ,',
Communit~' Planning COQrdinator, ,
Communit)' Development &
Environmental Services
Administration ~
2800 N. Horseshoe Drive
Napl~s, F;.L 341 04
(239) 213-2948, Agenda Item No, 78
FAX:(239) 403,-2395 May 25, 2004
lindabedtelyon@colliergov.net Page 38 of 54
.
No. 99Il42t\84 ~ Q, lltlIl? .
Apostolic Assembly - property owners list
DE JOHN, LOUIS=& PHIUIS D
-" 220 BLACKMAR ST THOMAS, CHARLES J
NEWARK NY 14513 CAMILLE MARIE L mOMAS
PO BOX 1615
BARBUTO, JAN P--& ROBERT J NAPLES FL 34106
4141 FAMILYCIRCLEG:~
NAPLES FL 34104 HICKS, mOMAS E
COLLINS, MARlL YN 1290 SAINT CLAlR SHORES RI)
NAPLES FL 34104
4005 F AMll.. Y CIRCLE CT
NAPLES FL 34104 LENTOVICH, MICHAEL N=& ~IARY L
MALLARD. JOSEPH L 1270 SAINT CLAlR SHORES RD
4140 FAMILY CIRCLE CT NAPLES FL 34104
NAPLES FL 34104 MENTCR, ALBERT L
NEVINS, BISHOP JOHN J 1258 SAINT CLAlR SHORES RD
DIOCESE OF VENICE NAPLES FL 34104
1000 PINEBROOKRD
VENICE FL 34285 LA YTON,10SEPH=& TERESA H
1170 SAINT CLAIR SHORES RD
Ml.1RPHY, MICHAEL==& LISA NAPLES FL 34104
971 SAN MARCOS BLVD
NAPLES FL 34104 SMITH, GEORGE G=& ANITA U
,~ 1387 MARLIN DR
HAUCK, WILLIAM H NAPLES FL 34102
MARY E RAMOS
4417 ALHAMBRA CIR W # 2 SWANNER, JAMES T=& BETTY M
NAPLES FL 34103 1028 SAINT CLAIR SHORES RD
NAPLES FL 34104
MORALES, JOSE MIGUEl.
3182 BARRETT AVE ARVOY, JOSEPH
NAPLES FL 34112 DAVID ARVOY
140 PORTER CT
CLARK, OONALD R=& BETTY J BOWLING GREEN KY 42103
PO BOX 207
M.~CO ISlAND FL 34H6
COLE, RYAN E
RICHARD S & ESTHER A COLE GRDN
1255 SAN MARCOS BL VI>
NAPLES FL 34104
HARMON, WILLIAM E=&: CHERYL A
1261 SAN MARCOS BL VI>
NAPLES FL 34104
- Agenda Item No. 78
May 25, 2004
Page 39 of 54
-"-"._.~,-""-"- -"'''~- -...-
PUBLIC PARTICIPATION MEETING \ df 2-
SIGN IN SHEET
A~OS1OUc:... CHu~C\-\ G-OL-OeJ &\E c..ot-l\':-\0uqy ~ \0('10/02-
Project Name Meeting Place Date of Meeting
....
!'!:::-:-:e St~"""t AtltlrAAA Phone Number
Kay Deselem 2800 N. Horseshoe Dr.. Naples FL 34104Co/ller COU'lty Government (239) 213-2931
~'tc. rl1)tY\\.bu~/\ 1 J..d-~ S:l- ~/141r Sk~, ~ (, ~3 " (0 (,'(2
?;-r~v, I~./r, 'JCJ"/./h ft .r-C)4~"" d-l// tft!'/J -/7~
UNDA- '6€Pl'E.L'fo~ ~LLtE;lZ. Co. (~~~V...H..r{~.c.ooeDIIV^'TOft. (z.~ ~J ~-.(}.qH-%
y(t/[J cLIJ.t:J!:::" 2f,n ~/lJn a NaAlJO f/.d:J 39lfi}7/7
:rCNf C-(vk.. /0' N (Jqr;/eld. fJ/l. /!/Ul/{,O {PLf<.7c:'3(;
~'"'-J~~ ~. to\..o.. 12..~ S I M14~.s. ~l vel ~\..~ c-{3t;-/t/~L.
! ')tIt! ./-;<;; ft!{j~lty ,97/ ...~P~ ~ ,(/~k.., .y'.JY:-i/7c.S
Jl.Y 1/", rz'b /1;(P,<!.rt1 QI .3~/ 17 5:11 ,;; 1// ;m/Q/lJhlr . JC),!) v ~ ~'ItO
.9 ~b.o ~-i- Th~\J..f.~ y/vl rCUO\ '!J c.... c f. rL.r-/PJ .:{ c. I -6R;J, {
. I
V 7i1/ ~ ' , I,. -t. ~ '" . ,- - ^ I ~ t!' ,... I I AI ", /. ,I;> A.J ""4/ ~
T a.,-, I W/T",? r- . ?1 a- ,-r-'" ,..,., /,.....""- "",- -
J{QJtlLfJi 1... Ooc,(,(AJ~ -1'tJt?,7 F~q/.(,( /1;12 C!r lJAPt-8? 'f,=3S--?'?/?'
::J;/-IV C"l,.4 ~s /r It' e( 'Y ~ /d~:,~!;'Z~u, 7B
May 25, 2004
F:\formslPublic Participation Meeting slgn in sheet.doc 10116102 Page 40 of 54
~
PUBLIC PARTICIPATION MEETING 2- of 2-
;
SIGN IN SHEET
(:\Kbm-U c... C-U.l)~t\ Gol~~k.. GrrnM~~ ta-~k \O/U;/02-
Project Name Meeting Place I Date of Meeting
I
....
N!!:"!"!e S'MA' Address Phone Number
, Kay Deselem 2800 N. Horseshoe Dr.. Naples FL 34104Co11IerCounty Govemment (239) 213-2931
C~._.. ,,~< ".., iU<,., iJ.,.., ,2.3f 1,'11 f".?.:J/
~/-- r~(lt./
_~ 7~~~~ ~fi ~~- ~
I
Ayt:lldd 1lt:1I1 Iqu. Ie
May 25, 2004
F:\formslPublic particlpatlon MeetIng sign In sheet.doc 10116102 Page 41 of 54
-
, -,--.-... ~-----~. _..."-,,.~
RESOLUTION 04- -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CHURCH OR OlliER PLACE OF
WORSHIP, CONDITIONAL USE NUMBER "}" IN THE "E"
ESTATES ZONING DISTRICT, PURSUANT TO SECTION 2,2,3,3
OF THE CO~LIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Lt:gislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power t,) establish,
coordinate and enforce zoning and such business regulations as are necessary for tht: protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Developnent Code
(Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing aft~r notice as
in said regulations made and provided, and has considered the advisability of Conc.itional Use
"I" of Section 2,2.3.3 of the Collier County Land Development Code in the "En Estates Zone for
a church or other place of worship on the property hereinafter described, and has found as a
matter of fact (Exhibit 'An) that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
2.7.4.4 ofthe Land Devekpment Code for the Collier County Planning Commission; and
WHEREAS, all inlerested parties have been given oppOrtunity to be heard by this Board
of Zoning Appeals in a public meeting assembled and the Board having considered all matters
presented,
NOW, THEREF0.m, BE IT RESOLVED by the Board of Zoning Appeal:; of Collier
County, Florida that:
i
The petition, identified as CU-2003-AR-4003, filed by Terrance Kepple of Kepple
Engineering representing 1 he Apostolic Assembly of the Faith in Christ Jesus, Inc" with respect
to the property hereinafter described in Exhibit "B" attached hereto and incOlporated by
reference herein be and the same is hereby approved for Conditional Use "I" of Section 2.2,3.3
Collier County Land Devdopment Code in the "En Estates Zoning District for a church or other
place of worship in accordance with the Site Plan (Exhibit "C") and subject to tht conditions
Agenda Item No. 78
May 25, 2004
Page I of2 Page 42 of 54
-
-, found in Exhibit "D," an;! all four exhibits which are attached hereto are incorporated by
reference herein,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minute~, of this
Board,
This Resolution adopted after motion, second and majority vote.
Done this day of ,2004,
A'ITEST: BOARD OF ZONING APPEALS
DWIGHT E BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk DONNA FIALA, CHAIRMAN
-
Approved a~ to F onn and
Legal Sufficiency:
~~-
Patrick . White
Assistant County Attorney
Attachment,>: Exhibit A - Findings of Fact
Exhibit B - Legal Description
Exhibit C - Site Plan, entitled, "Site Plan for Apostolic Assembly of Ffith in
Christ Jesus," dated February 2,2003, which is a one-page plan pl't'pared by
Kepple Engineering, stamped received December 29, 2003
Exhibit D - Conditions
\
C\; -2003.AR-4003fKDllo
-
Agenda Item No. 78
May 25, 2004
Page 2 of2 Page 43 of 54
. -~_.~- -,,-"-'^"" - .,..~.._~.",--
,_._.^'~ --"."
FINDING OF FACT
BY
COl.J..IER COUNTY PLANNING COMMISSION
FOR
A CONDnnONALUSE PETnnON
FOR
CU-2003-AR-4003
The following facts are fo und:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the cond ltiOnal use will not adversely affect the public interest and will not
adversely affect o'her property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Manageml~nt Plan:
y~-L No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, tnffic flow
and control, and access in case of fire or catastrophe:
Adequate i tlgress & egress
y~,/ No
-
C. Affects ne ,ghboring properties in relation to noise, glare, economi ~ 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 at:ached) be
recommended for approvd to the Board of Zoning Appeals. N/~oVb
DATE:~J !/~/O4- CHAIRMAN: fJ M".lf A &.L
Ru~~H t)~~~ EXHIBIT A
Agen a em No, 7B
May 25, 2004
Page 44 of 54
.
.- FINDING OF FACf
BY
COL:LIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4003
The iollowingfacts'are fe,und:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the cond itional use will not adversely affect the public interest ani will not
adversely' affect other property or uses in the same district or neighborhood because
of: ' '
A. Consistency with the Land Development Code and Growth Management Plan:
Ye:;J " No -
B. Ingress ant I egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and contro I, and access in case of:fire or catastrophe:
~-
Adequate ingress & egress
/
Ye:;'-' No
C. ' Affects ne ighboring properties in' relation to noiset glare;. economi c' ' or ,odor
effects:
_ Nodject or .~Affectmitigatedbym.\\\j~t~ t.J/ U-ICZI~
__Affect cannot be niitigated ,', ,'"
D. Compatibility with adjacent properties and other pro}>erty in the distrlct:
Compatibl,:,use within district,
, '
Yell J ,', No -
Based on the above findingst this conditional use should, with tipulationst (copy attached) be '
recommended for, approvul to the Board of Zoning Appeals.,
". ~1 MEMBER:
DATE: ..1/1) .~ -
- ~... ElooarrA
,
\ '
Ag\nda Item No.'7B
May 25, 2004
bR-AD ~ .~e~ 45 of 54
~-,-,~~-". '~-'-','- -,~._~ " -.,.--
.
FINDING OF FACT
BY
COLI,IER COUNTY PLANNING COMMlSSION
FOR
ACOND~ONALUSEPETnaON
CU-2003-AR-4003
The following facts are fOlmd:
1. Section 2.6.33.4.1 :>fthe Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistenc:/ with the Land De7ent Code and Growth Managem(:nt Plan:
Yes_ No~", ,
I B. Ingress and egress to property and proposed structures thereon with particular
I reference t) automotive and pedestrian safety and convenience, traffic flow
and control, and access in case offue or catastrophe:
Adequate ingress & egress " ~
Yes_ No~
C. Affects neighboring pro . es in relation to noise, glare; economic: or odor
effects:
_ No ale or _Affect mitigated by
t...~ _ Affect Cannot be mitigated
D. Compatibility with adjacent properties and other property in the distric;t:
Compatibk use within district //
Yes_ NO~
Based on the above findin gs, this conditional use should, with stipulations, (copy attached) be
recommended for approval to thellQard of Zoning Appeals.. ~
DATE:~ I, - CJV MEMBER; \ '"
I:XHIBIT A
Agenda Item No. 78
May 25, 2004
Page 46 of 54
FINDING OF FACT
- BY
COLI.IER COUNTY PLANNING COMMISSION
FOR
A CONDnnONALUSE PETnnON
I CU-2003-AR-4003
I
The following facts are fOlmd:
1. Section2.6.33.4.1 of the Land Development Code authorized the conditionalllse.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect o1her property or uses in the same district or neighborhood because
of:
A. Consistenc:{ with the Land Development Code and Growth Managemc:nt Plan:
Yes ~No -
B. Ingress and egress to property and proposed structures thereon with particular
reference t,.) automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of:fire or catastrophe:
Adequate ingress & egress
Yes V" No -
C. Affects neighboring properties in' relation to noise, glare;' economi,; or odor
effects:
_ No a:'feet or _ Affect mitigated by hwlifJ: .-,r~.M
__ Affect cannot be mitigated .
, '
D. Compatibility with adjacent properties and other property in the distri.~:
Compatible use within district
/
Yes t/ No -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DA TE: d;~!( 5 / () t:f- MEMBER, 7Jt1/L - /k
,.: I I jJ ~--
,I, 1:xHISrrA
-
Agenda Item No. 78
May 25, 2004
Page 47 of 54
<_____...___,._'um___.'.____..>_._."" --'
..._--- "....-...-
FINDING OF FACT
BY
- COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4003
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional ~.lSe.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect 01her property or uses in the same district or neighborhooe, because
of:
A. Consistency with the Land Development Code and Growth Managemcmt Plan:
Ye! - No /'
B. Ingress ane. egress to property and proposed structures thereon with :~cular
reference tJ automotive and pedestrian safety and convenience, traffic flow
! and control, and access in case offue or catastrophe:
f e Adequate ingress & egress
No /'
Yes -
C. Affects neighboring properties in'relation to noise, glare; economic; or ,odor
effects:
~ No aff"ect or _ ~ Affect mitigated by S ~ 'p (,LI \ '^'..\., d-, 1 ~
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the distri,:t:
Compatibk use within district
Yes - NoL
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for appro va I to the Board of Zoning Appeals. '
DATE: t1- 1<;""0 l{ MEMBER:hL}~L f.Aft~
1:xtiIBIT A
Mo..i\~ndfJefr(.N~ 78
May 25, 2004
Page 48 of 54
r
,- FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
ACONDnnONALUSEPE~ON
CU-2003-AR-4003
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional\18e.
2. Granting the cond itional use will not adversely affect the public interest and will not
advt:rsely affect o'her property or uses in the same district or neighborhood because
of:
A. ,Consistency with the Land Development Code and Growth Managem1mt Plan:
Ye~ /" No -
B. Ingress and egress to property and proposed structures thereon witht>Brticular
reference to automotive and pedestrian safety and convenience, trdfic flow
and control, and access in case offire or catastrophe:
,-
Adequate bgress & egress
Y~ - No Y..
C. Affects neighboring properties in'relation to noise, glare;, economil~ or ,odor
effects:
_ No ~ffect or, _ Affect mitigated by
../ .:. Affect cannot be mitigated
i Compatibility with adjacent properties and other property in the distri::t:
D.
Compatibl.' use within 7
Yes_ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
, recommended for approval to the Board of Zoning Appeals. . , \~-----
,
,
I ~: / I (r 0 1_,
I )~ l~-~
I DATE: MEMBER:
I
I 1:xHIBIT A
,_. I
, ----I
I '~ Agenda Ite!11 No. 78
I eO k ~....0r ~~2004
I of 54
I
\
. -~._-
,.",.-." ~"'-"'"""" ..
.-....."..-.----
lirld~ adelst.ein 239-732-0966 p
Rpr 19 04 02:25p
FINDING OF FACf
BY
C(IUIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4003
The following filets arelOUIkl:
L Section 2.6.33.4.1 of the Land Development Code authorized the conditioml use.
2. Granting the conditional use will not adversely affect the public interest clIld will not
adversely affect other property or uses in the same district or neigbborbcod because
of
A. ConsisteICY with the LatxI Development Code and Growth Management Plan:
y,~ _x_ No -
B. Ingress and egress to property and proposed structures thereon with particular
reference 10 automotive and pedestrian safety and convenience. traffic flow
and control, and access in case ofme or catastrophe:
Adequate ingress & egress
Yes _x_ No -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_x_ No affect or _ Affect mitigated by -
__ Affect cannot be mitigated
D. Compatibihty with adjacent properties and other property in the district:
Compatible use within district
Yes _x_ No -
Based on the above findirli~~ this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board ofZo~~
--~
DATE: Lf II S' J D 4 MEMBER Lindy ADEL~
, '
EXHIBrr A
Agenda Item No, 7B
May 25, 2004
Page 50 of 54
-~._.- ____~ __..__n .____
FROM :REFLECTIONS FF~OI1 A SIl'~R POND FAX NO. :1239417'3'315 Ma~. 10 2004 02:04PM Pi
-
FINDING OF FACf
, BY
'--./ COLI,IER COUNTY PLANNING COMMISSION
,FOR
A CONDmONALUSE PETITION
CU.2003-AR-4c03
The following facts are fo'md:
1. Section 2.6.33.4.1' of the Land Development Code authorized the conditional USt~.
2. Granting the oondi tional, use will not adversely affect the public inte.teit aild will not
adversely affect otber property or uses ,in the 58JDC district or neighborhood l:cC8USC
of:
. ,
A. ,Consisten~' with the Land DeVelopment Code and Gro~ Management Plan:
Yes ~' No){,
B~ Ingress and egress to property and proposed structures thereon with particular
- reference to automotive and pedestrian safety and convenience, ~ c flow
and control, and aCcess in case of fire or catastrophe:
, '--'" Adequate iItgre$S & egress
Yes_ NoK'
C. . Affects nci.~boring properties in:relation to noiseJ glare;: economic"'('f odor
effects:
_ ~fecl or. _ A1fect mitigatt:d by -
. Affect cannot be ~~gated
D. Compatibility with'a~acent properties and other property in the district:
Compatible use within district ,
VCS_'No4
Based on the above tindiDl:s. this conditional \ISO sho1ild, wi~0D3' y attached) be
rerommerllkd r. proval to the Board ofZonlug Appeals... .
t/J:r tf . ..
DATE: . I I (), MEMBER:' ~',:'
i
,-
: 11M A
~
Agenda Item No. 78
May 25, 2004
Page 51 of 54' .'
- -'"- -...,'---.' .- ~-'-'''-''-'' ~ ..--....-
I
LEGAL DESCPRPTION
The north ~ of the Scutheast ~ of the Southwest ~ of the Northeast ~ of Section 31,
Township 49 South, Range 26 East
LESS:
The west thirty-feet (30) feet reserved for road right-of-way and utilities as recclrded in
OR. Book 6110, Page :,989, Public Records of Collier County Florida
CU-2003-AR,-4003
Agenda Item No. 7!xhibit B
May 25, 200
Page 52 of 54
--.---------
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- ....
Agenda Hell I Nu, ~~
May 25. 20
Page 53 of 54
,-
"-.-..--.",'
_.--^~'
...",,-.-
"--~ .
.---'
--" ------
CONDITIONS OF APPROVAL
1. The conditional use approval to allow a church and other places of worship is limited to a
maximum of 400 seats and a maximum of 11,000 square feet in two buildings. The llse is further
limited to what is depicted on the site plan identified as "Apostolic Assembly of Faith in Christ
Jesus" prepared by Kepple 'Engineering, Inc., dated 2/2/03, stamped Received December 29,2003",
except as further conditioned below.
2. Approval of this conditional use permit shall not be construed as approval of the attached
conceptual site plan; the site plan shall be formally reviewed and approved as part of the SDF
proccss. No variances from any LDC requirements have been granted as part of the a:ceptance 01
the subject site plan. If it is determined that the site plan is not in compliance with any LDC
requirements, the site plan must be brought into compliance prior to the issuance of any sit{
development plan approval.
3. All lighting fixtures,:o include parking lot and security lighting must not exceed a height of
12 feet.
The following conditions are adopted as volunteered by the petitioner's agent at the CCPC hearing
4. Outdoor services are prohibited.
5. Outdoor loud speakcrs are prohibited.
6. The petitioner will provide sidewalks along the entire frontage of San Marcos Boulevard, as
part of the first phase of comtruction
7. Day care uses are prohibited.
8, Outdoor recreation ateas are prohibited.
9. The petitioner must rl~tain all native vegetation within the area designated as "Existing
Vegetation to Remain" on th~ site plan.
10. The petitioner must provide a gate at the entrance.
11. This project must be .:onstructed in full compliance with LDC Section 2.8 "Architectural
Standards" as ifit were subjfct to those regulations.
Revised: 4/21/04
CU-2003-AR-400
Exhibit I
Agenda Item No. 78
G:\Current\Deselem\Conditional U!es\Apostolic Church on San Marcus Blvd, AR--40~~~1f~~-04.rtf
<- EXECUTIVE SUMMARY
Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net fishing
only, on certain designated bridges within Collier County, which Ordinance also (1) directs
the County Manager to post appropriate signage; (2) authorizes the County Manager to
determine those other County bridges upon which fishing ought to be prohibited; (3)
provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be
interpreted consistent with F.S. 316.1305, Fishing from State Road Bridges; (5) repeals and
supersedes Resolution No. 2003-204, which established a fishing prohibition from Bridge
No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and
Ordinances; and (7) provides for an effective date; at an estimated implementation cost of
$1,000.
OBJECTIVE: To adopt an Ordinance to prohibit fishing of any kind, or cast net fishing
only, on certain designated bridges within Collier County, which Ordinance also (1) directs
the County Manager to post appropriate signs on these bridges stating that fishing from the
blidge is prohibited; (2) authorizes the County Manager to determine those other County
bridges upon which fishing of any kind, or cast net fishing only, ought to be prohibited, and,
with approval of the Board of County Commissioners by resolution, cause appropriate
signage to be posted; (3) provides for penalties for violation of the Ordinance; (4) directs that
the Ordinance be interpreted consistent with F.S. 316.1305 (concerning fishing prohibitions
on state road bridges); (5) repeals and supercedcs Resolution No. 2003-204, which
<- established a fishing prohibition from Bridge No. 030210 on Plantation Parkway over the
Everglades Drainage Canal, which prohibition is incorporated into this Ordinance; (6)
provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7)
provides for an effective date.
CONSIDERA nON: The Traffic Operations and Alternative Transportation Modes
Department has received complaints regarding traffic conflicts caused by people fishing from
certain bridges within Collier County. Upon inspection of these bridges, this department
concurs with the safety concern as some of these bridges have no safe areas for individuals to
either cast nets or lines from the bridge, and other bridges are suitable for line fishing but not
. for cast net fishing. Depending upon the bridge, individuals must either step into the driving
lanes or swing their nets or fishing lines over the driving lane when casting out into the
waterways. This creates a safety concern for both the individuals casting and the drivers
crossing the bridge.
As there is no ordinance previously adopted by Collier County to address this issue, the
attached Ordinance has been drafted to enable the Board of County Commissioners to
prohibit fishing of any kind, or cast net fishing only, from the following specified bridges:
a. Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176
b. Plantation Parkway: Bridge No. 030210
c. Bluebill Avenue: Bridge No. 030149 (cast net ban only)
d. Chokoloskee Causeway: Bridge No. 030161 (cast net ban only)
~
Agenda Item No. 8A
May 25, 2004
Page 1 of 5
.._._-,~"--"._.._._._.~~--_..".._--"_....",_.".,",,,.~..,.., . . ,'..".. -.~, ,".....,,"~ -... -",.,.,-,;--.~.,..,,,,,.,"," ,- . .,,,'" -' .~~"....-...,.. .".~",.,,_.. ,~,'"
"".-.....
In accordance with Chapter 318, Florida Statues, as a noncriminal traffic violation, violation
of the Ordinance will be punishable as a pedestrian violation, with each violation subject to
the Florida statutory fine, which is presently $15. The Ordinance is to be interpreted
consistent with Florida Statutes Sec. 316.1305 (concerning fishing prohibi tions on state road
bridges).
In keeping with the same mechanism as provided in Chapter 130 of the Collier County Code
of Laws and Ordinances (Traffic and V chicles), the Ordinance directs the County Manager to
post appropriate signs notifying the public of this prohibition, and to determine those other
County bridges upon which fishing in general, or cast net fishing only, ought to be
prohibited, subject to approval of the Board of County Commissioners by resolution.
This Ordinance also repeals and supersedes Resolution No. 2002-204, which established a
fishing prohibition from Bridge No. 030210 on Plantation Parkway, which prohibition is
incorporated into this Ordinance.
FISCAL IMPACT: The estimated cost for the installation of the new signs is $1,000.00 (10
signs @ $100 each). Funds are available in Transportation Services Fund 101. Source of
Funds are Ad Valorem Taxes.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
- RECOMMENDATION: It is the recommendation of this Department that the Board of
County Commissioners approve the attached Ordinance, known as the "Fishing Prohibition
on Bridges Ordinance"; authorize the Chairman to execute this Ordinance; authorize the
inclusion of this Ordinance into the Collier County Code of Laws and Ordinances; repeal and
supersede Resolution No. 2002-204; direct the County Manager to have the Traffic
Operations and Alternative Transportation Modes Department install appropriate signing at
the aforementioned bridges; and to notify the Sheriff s Office of this Ordinance.
Attachment No. 1 - Proposed Ordinance
,,-
Agenda Item No, 8A
May 25, 2004
Page 2 of 5
---.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 8A
Item Summary Request the Board approve an Ordinance to prohibit fishing of any kind, or cast
net fishing only, on certain designated bridges within Collier County. which
Ordinance also (1) directs the County Administrator to post appropriate signage:
(2) authorizes the County Administrator to determine those other County
bridges upon which fishing ought to be prohibited: (3) provides for penallies for
violation of the Ordinance; (4) directs that the Ordinance be interpreted
consistent with F,S. 316,1305, Fishing from Slate Road Bridges; (5) repeals and
supersedes Resolution No, 2003-204, which established a fishing prohibition
from Bridge No. 030210; (6) provides for the inclusion in the Collier County
Code of Laws and Ordinances; and (7) provides for an effective date; at an
estimated implementation cost of S 1,000,
Meeting Date 512512004 9:00:00 AM
Prepared By
Robert W. Tipton. P ,E, County Traffic Operations Engineer
Transportion Services Traffic Operations! ATM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Manager's Office County Attorney Office 4/23/2004 5: 03 PM
Approved By
- Traffic Operations and Alt Trans
Diane B. Flagg Modes Director Date
Transportion Services Traffic Operationsl A TM 4/28120042:31 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 412812004 2:43 PM
Approved By
Norm E, Feder, AICP Transportation Division Administrator Date
Transportion Services Transportation Services Admin, 4129/2004 6:47 AM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin, 5/13/2004 4:42 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5114/200410:41 AM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5115/2004 10:50 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/2004 6:35 PM
~_..
Agenda Item No. 8A
May 25, 2004
Page 3 of 5
,-~_._-",--- ---'- - _.~- .~_...'
-.,. --~ .._--"._,--
ORDINANCE NO. 2004-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROHffiITING FISHING OR
CAST NET FISHING ON DESIGNATED BRIDGES WITHIN THE COUNTY; PROVIDING
PENALTIES FOR VIOLATION; REPEALING AND SUPERSEDING RESOLUTION NO.
2002-204; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. it is hereby found and determined by the Board of County Commissioners that
fishing from certain designated bridges. or portions thereof. is detrimental to traffic safety or
dangerous to human life.
NOW. TIffiREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AUTHORITY.
This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 316.
Florida Statutes. and other applicable provisions of law.
SECTION TWO: RESTRICTED BRIDGES.
(1) Fishing of any kind is hereby prohibited on the following bridges:
Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176
Plantation Parkway: Bridge No. 030210
(2) Cast Net Fishing is hereby prohibited on the following bridges:
Bluebill Avenue: Bridge No. 030149
Chokoloskee Causeway: Bridge No. 030161
Otherwise lawful fishing by means other than cast nets is not prohibited on these
bridges.
SECTION THREE: POSTING OF SIGNS; PUNISHMENT; INTERPRETATION.
(1) The County Manager is hereby directed to post appropriate signs on these bridges stating
that fishing, or cast net fishing, as the case may be. from the bridge is prohibited. The County
Manager is further authorized to determine those other county bridges upon which fishing. or cast
Agenda Item No. 8A
May 25, 2004
Page 4 of 5
net fishing, ought to be prohibited. and with approval of the Board of County Commissioners by
- resolution, shall cause appropriate signage to be posted.
(2) Fishing from a bridge upon which has been posted signs as provided for herein is a
noncriminal traffic violation, punishable as a pedestrian violation as provided in Chapter 318,
Florida Statutes.
(3) This Ordinance shall be interpreted consistent with F.S. 316.1305, Fishing from state road
bridges.
SECTION FOUR: REPEALING AND SUPERSEDING RESOLUTION NO. 2002-204.
Collier County Resolution No. 2002-204, which established a fishing prohibition from
Bridge No. 030210 on Plantation Parkway over the Everglades drainage canal. being incorporated
into this Ordinance, is hereby repealed and superseded in its entirety as of the effective date of this
Ordinance.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
,~ Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article". or
any other appropriate word.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of . 2004.
A TrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Oerk COLLIER COUNTY. FLORIDA
BY: BY:
Deputy Clerk Donna Fiala, Chairman
Approved as to form and legal sufficiency:
- Jeffrey A. Klatzkow
Assistant County Attorney Agenda Item No. 8A
May 25, 2004
Page 5 of 5
"-_.._~ --.." -,._--~-~, ~~- .- -"._- ._-, '. -._-~-- ~--".,-_..
"...-
EXECUTIVE SUMMARY
Consideration of an ordinance adopting a recodification and revision of the County's
Land Development Code, to become effective on August 30, 2004.
OBJECTIVE: To consider approval of an ordinance adopting a recodification and revision of
the County's Land Development Code (LDC). This LDC revision is known temporarily as the
Unified Land Development Code, or UDC, to distinguish it from the existing' LDC. If adopted,
this ordinance and recodified UDC would not become effective until 12:01 A.M., Monday,
August 30, 2004. The UDC revises the structure and format of the existing LDC without altering
the substance of the existing provisions and will provide a platform for future amendments of
substantial portions of the LDC.
CONSIDERATIONS: On October 30,1991, the Collier County Board of County Commissioners
(Board) adopted Ordinance No. 91-102, the original Collier County LOC, which became
effective on November 13, 1991. The current LOC, having been subsequently amended by
over three dozen ordinances (not counting the numerous ordinances for each new or amended
PUO) comprising a total of eighteen (18) supplements, has been in place for nearly thirteen
years without a comprehensive overview. The prior amendments, having been made in an
order1y, but piece-meal manner, have resulted in unintended internal inconsistencies in the
regulations and sometimes-conflicting definitions.
,- During the Spring of 2002, in an effort to ease the use of the LDC by staff, applicants, and the
general public, the Board, under Contract # 02-3293, approved The Gail Easley Company to
perform professional services to update the LDC. The Gail Easley Company is well known in
Florida planning circles for its demonstrated ability to assist local governments with their land
development regulations to provide greater clarity and conciseness. The scope of services of
the contract with the Easley firm was directed to updating and simplifying the LOC's format.
including a revised section numbering system used to identify individual provisions. The UDC
being considered at this meeting was largely the result of the Easley firm's efforts working in
conjunction with a team comprised of County staff and interested individuals from the regulated
industry and the public. These efforts included a BCC workshop on proposed revisions held on
. April 29, 2003. Additionally, Ms, Easley and her associates have engaged in many meetings
with the County staff to develop the finished product.
The substance of the five operative Articles of the existing LDC (1 through 3, 5 and 6) has been
relocated into nine functionally related Chapters (1 through 6 and 8 through 10), which combine
the regulations into a more logical and coherent framework. Significantly, other than those
changes designed to update and harmonize the Definitions' section (UDC ~ 1.08,02,), the UDC
does not contain any new substantive text, with one exception. A new Appendix H has been
created which cross-references the existing LDC provisions into the UDC numbering system.
This appendix is a set of comparative tables for each Article, Division, & Section (and some sub-
sections, where relevant) of the existing LOC detailing where, by Chapter and Section in the
UDC, the corresponding provision may be found if it's geing recodified, Additionally, a number
of Divisions of the LDC are being relocated to the Code of Laws and Ordinances because they
are not considered to' be land development regulations. Other provisions that are more
procedural or administrative in nature are being recommended to be relocated into a new
Administrative Code that would be proposed if the Board adopts this Ordinance, Certain
,-.. provisions that are no longer required or legally effective are not being included as part of the
Agenda Item No. 8B
May 25, 2004
Page 1 of 3 Page 1 of 9
,- ,....,,.,._........_.c~".
...........
UDC, One such division, LDC Div. 1.7, pertaining to Vested Rights, however, will be rewritten
as part of the second cycle of LDC amendments in the latter part of this year, Lastly, a new
feature of the UDC is that defined terms, i.e., those set forth in UDC ~ 1,08.00, are printed in
bold ALLCAPS, such that the defined term "Development" would appear in the text of the UDC
as DEVELOPMENT,
A further benefit of text "relocation" has been that many unnecessary or inconsistent provisions
have been eliminated, resulting in a "thinner" body of regulations in the UDC. Further
reductions from the size of the existing LDC were achieved by creating tables listing the
complete set of uses in every zoning district along with new tables compiling all of the
corresponding property development regulations applicable to each zoning district.
Extreme efforts have been taken to ensure no errors have occurred in the revision and
recodification process, including follow-up checks by our consultant of staff's insertion of the text
of Supplements 16, 17, & 18 into the UDC format. However, errors are possible and
procedures for addressing such errors, as detected, have been contemplated. The intended
effect of these procedures is to ensure that no application requests under review (either before
or after the effective date of the UDC) will be adversely affected for any significant period of
time. A few of the error correction procedures contemplated are: a) adding any needed
provisions into a PUD ordinance prior to its approval; b) adoption of a scrivener's error
ordinance, when appropriate for the type of error; or c) amending the UDC in Cycle 2, if time
allows,
Procedurally, because there will be no substantive amendments to any of the uses or zoning
- districts, only one Collier County Planning Commission (CCPC) and Board meeting and no
evening meetings are required to recodify the Collier County Land Development Code. The
UDC has been presented to, and favorably reviewed by, the Development Services Advisory
Committee and the CCPC (please refer to the Summary Sheets). Although the CCPC held one
public hearing on May 6, 2004, that meeting was continued until May 20, 2004, to address an
advertising issue. The CCPC will provide it's final recommendation and finding of consistency
with the Growth Management Plan to the Board at its later, continued meeting. The Board is
requested to make its final vote at today's hearing on the adoption of the proposed Ordinance.
FISCAL IMPACT: No additional fiscal impacts beyond the costs already expended for
consultant serviees are anticipated. Those costs to date have totaled approximately $90,000,
GROWTH MANAGEMENT IMPACT:
The proposed recodification and revisions in the UDC are consistent with and implement the
Goals, Objectives, and Policies of the GMP.
RECOMMENDATION: That the Board consider a motion to approve the proposed Ordinance,
including Exhibit A, the Land Development Code of Collier County, Florida, the title of which
follows :
.-.
Agenda Item No. 8B
Page 2 of3 May 25, 2004
Page 20f9
Ordinance No. 04- --
An Ordinance Of The Board Of County Commissioners Of Collier County, Florida, Recodifying
The Collier County Land Development Code, Which Includes The Comprehensive
Regulations For The Unincorporated Area' Of Collier County, Florida, By Superceding
Ordinance Number 91-102, As Amended; Providing For: Section One, Recitals; Section Two,
Findings Of Fact; Section Three, Recodification Of The Unified Land Development Code,
More Specifically By Creating The Following: Chapter 1 - General Provisions, Including Sec.
1.01.00 Title, Sec. 1.02.00 Authority, Sec. 1.03.00 Rules Of Construction, Sec. 1.04.00
Applicability, Sec. 1.05.00 Findings, Purpose And Intent, Sec. 1.06.00 Rules Of Interpretation,
Sec. 1.07,00 Laws Adopted By Reference, Sec. 1.08.00 Definitions; Chapter 2 - Zoning
Districts And Uses, Including Sec, 2.01.00 Generally, Sec. 2.02,00 Establishment Of Zoning
Districts, Sec. 2,03.00 Zoning Districts, Sec. 2.04.00 Permissible, Conditional, And Accessory
Uses In Zoning Districts, Sec. 2,05,00 Density Standards, Sec. 2.06.00 Affordable Housing
Density Bonus, Sec. 2.07,00 Table Of Setbacks For Base Zoning Districts; Chapter 3 -
Resource Protection, Including Sec. 3.01,00 Generally, Sec. 3.02.00 Floodplain Protection,
Sec, 3,03,00 Coastal Zone Management, Sec. 3.04.00 Protection Of Endangered,
Threatened, Or Listed Species, Sec. 3.05.00 Vegetation Removal, Protection, And
Preservation, Sec. 3.06.00 Wellfield And Groundwater Protection; Chapter 4 - Site Design
And Development Standards, Including Sec. 4.01,00 Generally, Sec. 4,02,00 Site Design
Standards, Sec. 4.03.00 Subdivision Design And Layout, Sec. 4.04.00 Transportation System
Standards, Sec. 4,05,00 Off-Street Parking And Loading, Sec. 4.06.00 Landscaping, Buffering,
And Vegetation Retention, Sec. 4.07.00 Design Standards For Planned Unit Developments,
.- Sec. 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards And
Procedures, List Of Tables In Chapter 4; Chapter 5 - Supplemental Standards, Including Sec.
5.01.00 Generally, Sec. 5.02.00 Home Occupations, Sec. 5.03.00 Accessory Uses And
Structures, Sec, 5,04.00 Temporary Uses And Structures, Sec. 5,05.00 Supplemental
Standards For Specific Uses, Sec. 5.06.00 Signs; Chapter 6 - Infrastructure Improvements
And Adequate Public Facilities Requirements, Including Sec. 6.01.00 Generally, Sec. 6,02.00
Adequate Public Facilities Requirements, Sec. 6.03.00 Wastewater Systems And
Improvements Standard, Sec, 6.04,00 Potable Water Systems And Improvements Standards,
Sec. 6.05.00 Water Management Systems And Drainage Improvement Standards, Sec.
6.06.00 Transportation System Standards; Chapter 7 - Reserved; Chapter 8 - Decision-
Making And Administrative Bodies, Including Sec. 8.01.00 Generally, Sec. 8,02.00 Board Of
County Commissioners, Sec. 8.03,00 Planning Commission, Sec. 8,04.00 Board Of Zoning
Appeals, Sec, 8.05.00 Building Board Of Adjustments And Appeals, Sec. 8.06.00
Environmental Advisory Council, Sec. 8,07.00 Historic/Archaeological Preservation Board,
Sec. 8.08.00 Code Enforcement Board; Sec. 8,09.00 Community Development And
Environmental Services Division; Chapter 9 - Variations From Code Requirements, Including
Sec. 9.01,00 Generally, Sec. 9.02.00 Development With Vested Rights, Sec. 9.03,00
Nonconformities, Sec. 9,04.00 Variances; Chapter 10 - Application, Review, And Decision-
Making Procedures, Including Sec. 10.01.00 Generally, Sec. 10.02.00 Application
Requirements, Sec. 10.03.00 Notice Requirements, Sec. 10,04,00 Review And Action On
Applications For Development Orders And Petitions For Revisions To The Official Zoning
Map, The LDC, Or The GMP, Sec. 10,05.00 Revisions To Development Orders, Sec.
10,06,00 Appeals, Sec. 10,07.00 Enforcement, Sec. 10,08,00 Conditional Uses Procedures,
And Appendices A Through H, Including A New Appendix "H" Of Cross-References Between
The LDC And UDC; Section Four, Repealer; Section Five, Conflict And Severability; Section
Six, Publication as The Collier County Land Development Code; And Section Seven, Effective
.,- Date.
Agenda Item No. 88
Page 3 of3 May 25, 2004
Page 30f9
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 88
Item Summary Item to be heard at 1 :00 p,m, Consideration of an ordinance adopting a
recodification and revision of lhe County's land Development Code, to become
effective on August 30, 2004,
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminslrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/19/20048:45 AM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/19/20048:56 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/19/2004 9:35 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/2004 9:47 AM
~- Approved By
James V. Mudd County Manager Date
Board of County
Commjssioners County Manager's Office 5119120049:53 AM
-,
Agenda Item No. 88
May 25, 2004
Page 4 of 9
._- -'-_. .._"
ORDINANCE NO. 04-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING
ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, RECODIFICATION OF THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING
THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS,
INCLUDING SEC. 1.01.00 mLE, SEC. 1.02.00 AUTHORITY, SEC.
1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY , SEC. 1.05.00 AN DINGS, PURPOSE AND
INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00
LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEANmONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC.
2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING
DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00
PERMISSIBLE, CONDmONAL, AND ACCESSORY USES IN
ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC.
2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00
TABLE OF SETBACKS FOR BASE ZONING DISTRICTS;
CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC.
3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION,
SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00
PROTECTION OF ENDANGERED, THREATENED, OR LISTED
SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION,
AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND
GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC.
4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00
TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-
STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING,
BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00
DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS,
SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING
OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF
TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL
STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC.
5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES
AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND
STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR
SPECIFIC USES, SEC. 5.06.00 SIGNS; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00
GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILmES
REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND
IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER
SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00
WATER MANAGEMENT SYSTEMS AND DRAINAGE
IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8
- DECISION-MAKING AND ADMINISTRATIVE BODIES,
INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING
COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC.
8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS,
SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC.
8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD,
SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC.
9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00A d It N 88
gen a em o.
May 25, 2004
Page 1 of 5 Page 5 of 9
...".- NONCONFORMmES, SEC. 9.04.00 VARIANCES; CHAPTER 10-
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC.
10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE
REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC,
OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT
ORDERS, SEC. 10.06.00 APPEALS, ' SEC. 10.07.00
ENFORCEMENT, SEC. 10.08.00 CONDmONAL USES
PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A
NEW APPENDIX "H" OF CROSS-REFERENCES BElWEEN THE
LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE,
CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SEVEN, EFFECTIVE DATE.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners (Board) adopted Ordinance No, 91-102, the Collier County land
Development Code (LDC), which became effective on November 13, 1991, and which
has been subsequently amended by numerous ordinances comprising eighteen (18)
supplements; and
WHEREAS, the Board has directed that the LDC be revised to update and simplify
,-, its format, and use; and
WHEREAS, the Collier County Planning Commission, acting in part in its capacity
as the Local Planning Agency pursuant to ~ 163.3194 (2), F,S., in a manner prescribed by
law, did hold an advertised public hearing on May 6, 2004, which was continued for a final
consideration and vote on May 20, 2004, and did take affirmative action concerning these
revisions to the LDC, including finding that the provisions of the proposed recodification of
the LDC implement and are consistent with the adopted Growth Management Plan of
Collier County; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold an advertised publiC hearing on May 11, 2004, which was continued for a final
adoption hearing on May 25, and did take affirmative action concerning these revisions to
the LDC; and
WHEREAS, the revisions to, and recodification of, the LDC does not substantively
alter in any way the prior existing LDC text and the substantive provisions of this
Ordinance are hereby determined by this Board to be consistent with and to implement
the Collier County Growth Management Plan as required by Subsections 163,3194 (1)
and 163.3202 (3), F.S,1 ; and
-
Agenda Item No. 88
May 25, 2004
Page 2 01 5 Page 60f9
--.-.------ "-'''.'_.~
WHEREAS, on March 18, 1997, 1he Board of County Commissioners adopted
Resolution 97-177 establishing local requirements and procedures for amending the LDC;
and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, all other applicable substantive and procedural requirements of the
law have been met for the adoption of this ordinance and Land Development Code.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS.
The foregoing Reeitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT.
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to See. 163,3161, et seq., F.S" the Florida Local
Govemment Comprehensive Planning and Land Development Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also
referred to as a Comprehensive Plan,
2, After adoption of the Comprehensive Plan, the Act and in particular See,
163.3202(1), FS" mandates that Collier County adopt land development regulations that
are consistent with, and implement, the adopted comprehensive plan.
3, See, 163,3201, F.S., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on, be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. See. 163.3194(1 )(b), F,S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted Comprehensive
Plan, or element or portion thereof, and any land development regulations existing at the
time of adoption which are not consistent with the adopted Comprehensive Plan, or
element or portion thereof, shall be amended so as to be consistent.
5, See, 163,3202(3), F,S" states that the Act shall be construed to encourage
the use of innovative land development regulations, including transfer of development
rights, planned unit development, and impact fees.
6, On January 1 0, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
Comprehensive Plan pursuant to the requirements of See. 163,3161, et seq., F.S., and
Rule 9J-5, FAC.
7. See, 163.3194(1)(a), F,S., mandates that after a Comprehensive Plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such Comprehensive Plan, or element or portion
thereof, shall be consistent with such Comprehensive Plan, or element or portion thereof,
as adopted,
8. Pursuant to See. 163.3194(3)(a), F,S., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, and other aspects of developmen1 permitted by such ~effi:Ja Item No. 88
May 25, 2004
Page 3 of 5 Page 7 of 9
- regulation are compatible with and further the objectives, policies, land uses, and
densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local govemment.
9, Pursuant to Section 163,3194(3)(b) F,S., a development approved or
undertaken by a local government shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
10. On October 30, 1991, Collier County adopted the original Collier County
Land Development Code, which became effective on November 13, 1991,
11. The Board finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
encourage the most appropriate use of land, water and resources, consistent with the
public interest; overcome present handicaps; and deal effectively with future problems
that may result from the use and development of land within the total unincorporated are
of Collier County and it is intended that this Land Development Code preserve, promote,
protect, and improve the public health, safety, comfort, good order, appearance,
convenience, and general welfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate and efficient provision
of transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural resources
within the jurisdiction of Collier County; and protect human, environmental, social, and
economic resources; and maintain through orderly growth and development, the
character and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, F.S., and Chapter 163, F,S" and through
-, these revisions to, and recodification of, the LDC,
SECTION THREE: ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT
CODE.
The attached Exhibit "A," being the revised and recodified text of the existing Land
Development Code and corresponding appendices, is hereby adopted by the Board of
County Commissioners as the Land Development Code of Collier County, Florida, as
required by ~ 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth
herein as a part of this adopting Ordinance,
SECTION FOUR: REPEALER.
The Land Development Code set out herein supercedes and repeals any and all
resolutions and ordinances in conflict herewith, specifically including Ordinance No, 91-102,
as amended, except that the legal effect of Section 1.22.1 as specifically set forth in the
existing Land Development Code on the date this Ordinance becomes effective will remain
unchanged as to the ordinances referenced therein being repealed, Furthermore, all
ordinances pertaining to approved Planned Unit Developments (PUDs), and all changes to
the Official Zoning Atlas, lawfully approved prior to this Ordinance becoming effective, will
remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance,
SECTION FIVE: CONFLICT AND SEVERABilITY.
<,-.
Agenda Item No. 88
May 25, 2004
Page 4 of 5 Page 8 of 9
.. ~-,-~.~. '--- .-....._-. -.--, --, -.-.--
In the event this Ordinance conflicts with any other ordinance of Collier County or
of any other statute, code, local resolution, regulation or other applicable federal, state, or
local law, the more stringent standard, limitation, or requirement shall govern or prevail to
the extent of the conflict. It is the legislative intent of the Board of County Commissioners
in adopting this Ordinance and LDC that all provisions hereof shall be liberally construed
to protect and preserve the peace, health, safety, and general welfare of the inhabitants
of the unincorporated portion of Collier County. Should any portion or provision of this
Ordinance or LDC be held to be unconstiMional or invalid by a court or tribunal of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion or provision and such holding shall not be construed as affecting the
validity of any of the remaining portions or provisions,
SECnON SIX: PUBLICATION AS THE COLLIER COUNTY LAND
DEVELOPMENT CODE.
The provisions of this Ordinance as set forth in Exhibit A, being adopted and
enacted as the Official Land Development Code of Collier County, Florida, shall be so
published, The provisions of Exhibit A of this Ordinance may be corrected as to any
misspellings, formatting, or numbering errors; and may be renumbered or relettered, and
the word "ordinance" may be changed to "section," "chapter," or any other appropriate
word, as part of the publishing process, so long as the substance and intent of the
adopted provisions is not altered in any way.
SECnON SEVEN: EFFECnVE DATE.
This Ordinance shall become effective, after filing with the Department of
State, at 12:01 AM on August 30th, 2004.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Rorida, this _th day of May, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Agenda Item No. 88
May 25, 2004
Page 5 of 5 Page 9 of 9
EXECUTIVE SUMMARY
Recommend that the Board of County Commissioners adopt a resolution
amending the water and sewer impact fee rate schedule, which is Schedule
Two of Appendix A of Chapter 74 of the Collier County Code of Law and
Ordinances, the same being the Collier County Consolidated Impact Fee
Ordinance.
OBJECTIVE: Recommend that the Board of County Commissioners adopt a
Resolution amending Schedule Two of Appendix A (the Water and Sewer Impact
Fee Schedule) of Chapter 74 of the Collier County Code of Law and Ordinances,
as amended, the same being the Collier County Consolidated Impact Fee
Ordinance.
CONSIDERATIONS: The revised Impact Fees are to fund water and wastewater
growth-related capital projects identified in the 2003 Water and Wastewater
Master Plan Updates.
Impact fees are used by Collier County to help fund necessary capital investment
required to provide utility services to new population and related development.
The Collier County Water-Sewer District has used impact fees to fund growth -
"'........ related capital costs since 1978,
Ordinance No. 2001-13, which was adopted by the Board of County
Commissioners of Collier County on March 13, 2001 and was subsequently
,amended by Resolution No. 2002-88 on February 12, 2002 and Resolution No.
2003-93 on February 25, 2003, established the District's current water and
wastewater impact fees. The impact fee methodology for non-residential
establishments was amended by Resolution No, 2003-300, which was adopted
by the Board of County Commissioners on September 9, 2003. On April 13,
2004, the Board of County Commissioners adopted Resolution No. 2004-102
authorizing a change in format to the Fee Schedule to provide clarity and
consistency in the assessment of residential water and wastewater impact fees.
The Board of County Commissioners directed staff to update the Master Plan on
June 24, 2003, agenda item 16(C)20 and review the Impact Fees. As a result,
staff hired Greeley and Hansen as consultants to update the Collier County
Water-Sewer District's Water and Wastewater Master Plans. Public Resource
Management Group (PRMG Inc) is the sub-agent of the consultant to update the
Impact Fees. These three proactive measures as they relate to Water-Sewer
District services are on the Board's agenda today for approval. They are:
~ Updated Water Master Plan
~ Updated Sewer Master Plan
----- ~ Impact Fee Study
Agenda Item No. 8C
May 25, 2004
Page 1 of 10
, ~,.....~~.--..,., '~'''''.'"'-''''''-~.'''"'_. ..,.,~,.-
,-
.""~
The Master Plans were prepared to ensure that the Water-Sewer District takes a
comprehensive approach to meet the demands of the citizens of Collier County.
The plans provide the framework for fidelity between master planning and facility
operations, and synchronize water and sewer projects with those of other county
departments. Finally, the master plans provide a comprehensive approach to
address the very high growth rate in Collier County and the number and
magnitude of new water and sewer projects required to meet the demands of
growth.
The Master Plans recommend the addition of 18 million gallons per day of
wastewater treatment capacity, expressed on a maximum month average daily
flow basis, over the next ten (10) years. In addition, the Plans recommend 30
million gallons of water plant capacity, expressed on a maximum month daily
demand basis, over the same period. For water and wastewater combined, the
capital costs allocable to future users through Fiscal Year 2013 is estimated at
approximately $482 million,
The methodology used to calculate the proposed impact fees is consistent with
the approach used in previous impact fee studies, and conforms to the equity
tests established by case law (e.g., rational nexus).
The proposed impact fees were presented fo, and the fees were approved by,
- the Development Services Advisory Committee (DSAC) on April 7, 2004. The
presentation was also made to, and the fees were approved by, the Productivity
Committee on April 21 , 2004.
The recommended impact fees in this agenda item of $2,660 per water
Equivalent Residential Connection (ERC) and $3,010 per wastewater ERC are
based on a June 1, 2004 implementation date. The proposed revisions reflect a
$90 per ERC increase in the water impact fee and a $60 per ERC increase in the
sewer impact fee,
GROWTH MANAGEMENT IMPACT: The proposed Water-Sewer District impact
fees are designed to provide a funding source of funding for the water and
wastewater capital improvements required to support the proposed Water and
Wastewater Master Plans.
FISCAL IMPACT: The Water and Sewer impact fees are proposed to change
per Equivalent Residential Connection, as follows:
Current Revised Change
Water $2,570 $2,660 $90
Sewer $2,950 $3,010 $60
.-.
Agenda Item No. 8C
May 25, 2004
Page 2 of 10
The effect of the proposed impact fees on residential and non-residential
structures is shown in the attached Exhibit A.
Please see attached Resolution amending Schedule Two of Appendix A of
Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the
same being the Collier County Consolidated Impact Fee Ordinance.
RECOMMENDATION: That the Board of County Commissioners adopt the
attached Resolution amending Schedule Two of Appendix A of Chapter 74 of the
Collier County Code of Law and Ordinances, as amended, the same being the
Collier County Consolidated Impact Fee Ordinance, as amended, establishing
the proposed water and wastewater impact fee rates with an effective date of
June 1,2004.
,,~
.-'
Agenda Item No. Be
May 25, 2004
Page 3 of 10
COLLIER COUNTY
~J_'" BOARD OF COUNTY COMMISSIONERS
Item Number 8C
Item Summary Adopt a resolution amending the water and sewer impact fee rate schedule,
which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code
of Law and Ordinances, the same being the Collier County Consolidated Impact
Fee Ordinance.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Bala Sridhar Senior Management/Budget Analyst
Public Utilities Public Utilities Operations
Approved By
Amy Patterson Impact Fee Manager Date
Community Development &
Environmental Services Financial Admin. & Housing 51111200411:24AM
Approved By
John A. Yonkosky Utility Billing Director Date
Public Utilities UBCS 511112004 6:03 AM
Approved By
- Thomas Wides Operations Director
Date
Public Utilities Public Utilities Operations 5/11/2004 5:07 PM
Approved By
Bala Sridhar Senior Management/Budget Analyst Date
Public Utilities Public Utilities Operations 5111/20045:00 PM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 511212004 8:45 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/19/20041:18 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's OffIce Office of Management & Budget 5/19120043:37 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's OffIce OffIce of Management & Budget 5/19/20043:49 PM
Approved By
--
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19120045:07 PM
AgAnrl~ Itpm Nn Hr.
May 25,2004
Page 4 of 10
" -"._-_.,,~.._."- ._.."~-- -_.
APPENDIX A
SCHEDULE TWO - EFFECTIVE APRIL 14, 2004
WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE
RESIDENTIAL
INDIVIDUALL Y METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
~sn Fr.) ALLOCATION METER SIZE , ~.iwrk'" . IMPACT FEE IMPACT REE
~,~. . ReJi4nttitd COPfftl!ctJorrj
i ; I '
o TO 4,999! ! . . i
(AlVDNOMORET1lAN4 ! PER UNIT! 3/4" I I I ~ 1 ~ I
BATHROOMS) i ! I i I
i I i I j
5,000 OR MORE I PER ERC I PER I (GPM-24)120)+1 , B.\SED m; ERC! ~ I
(ORMORET1lAN4BATHROOMSj I i ERC, '(GPMFROMAWWAM22j i MH/im/<.~r!25~() i '
I! !
RESIDENTIAL
MASTER METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
(SQ.FT.) ALLOCATION METER SIZE fE'I-:::::/1fIitJI IMPACT FEE IMPACT FEE
I I I I
o TO 750 I PER UNIT I PER ERC , 0.33 J SUG I .$9W I
Iii !
i "-~_._.------i----- f r
751 TO 1,500 PER UNIT I PERERC I 0.67 i $-l,+W ~
i ! ! !
'. .
1,501 TO 4,999 I I I I
(AlVDNOMORE T1lAN4 i PER UNIT I PER ERC : 1.0 ~ i ~ I
BI'fTHROOMS)! f f !
I ,
5,000 OR MORE i PER ERC ' PER ERC ! (GPM-24)120)+ I B.\-SED m; ERC: ~ I
(OR MORE THAN 4 BATHROOMS) ! I i (GPMFROMAWWAMllj _~y~' ,
! ! ;
NON-RESIDENTIAL
WATER METER
SIZE ERCRANGE WATER IMPA CT FEE SEWER IMPACT FEE
ORCCWSDEOUWALENT (RoIUUIERCSlotlo......,..._J MIN MAX MIN MAX
,75 0 I 1.0 I ~ ~ I
i i
1 1.1: 2.5! ~ $6rm ~ 1 ~ I
1.5 2,6 I 5.0 ~ $12,850 ~ i $11,750 I
! i i
' ,
2 5.1! 7.9 I $13,107 $20,303 $15,045 i $23,305 I
---~_.-i---------.i._______ . i
, , i
3 8.0 I 54,9 i $20,560 $1'11,093 $23,600 I $161,955 I
~ j i
4 55.0 I 128.9: $Ul,350 $33.',273 $162,250 $380,255 I
~ !
6 129,0 j 357,9. $331,530 $919,803 $380,550 $1.055.805 I
I .
I
8 358.0 I 600.0! $920,060 $1,541,000 $1,056,100: SJ,770,{JI}(J
~ Il<:iHI ,"u; uv
May 25, 2004
Page 5 of 10
_ APPENDIX A
SCHEDULE TWO - EFFECTWE , 2004
WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE
RESIDENTIAL
INDIVIDUALLY METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
Fsn FT.) ALLOCATION METER SIZE , ~,"""lenJ , IMPACT FEE IMP >I CT F'EE
.'~. . Rn.4enIiaJ CoJUt<<tjq,,) .t:l
,
o TO 4,999! ! 3/4": $
(AND NO MORE THAN 4 i PER UNIT I : 1 2,660! $3,010
BATHROOMS)!! i
i i i !
5,000 OR MORE! PER ERC I PER I (GPM-24)/20)+1 BASED ON ERC !
~~-:!..~RETIWV4BATHROOMS) I I ERC I (GPMFROMAWWAMl2) Minimum $2660 ! $3,010
RESIDENTIAL
MASTER METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
(SQ.FI'.) ALLOCATION METER SIZE (Eq~'::::,;::e"'l IMPACT FEE IMPACT FEE
I I i I
o TO 750 ! PER UNIT PER ERC i 0.33 $890! $1 005
I I! I '
! ~__,________m_n! ; nn
, , ,
, , ,
,,,.-.., ~ ~ ~
751T01,500 i PER UNIT I PERERC i 0.67 $1,775 $2,010
! ! !
1,501 TO 4,999 j !: I
(ANDNOMORE THAN4 i PER UNIT I PER ERC I 1.0 $2,660 i $3,010
BATHROOMS) i I I i
,
5,000 OR MORE I PER ERC ' PER ERC ,(GPM-24)/20)+ 1 BASED ON ERC! $3 010
(ORMORETIWV4BATHROOMS) I I ' (GPMFROMAWWAM22) M;..u,,_$2UO I '
NON-RESIDENTIAL
WATER METER
SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE
OR CCWSD EOUIVALENT (RolUUI ERCs.. du ....'nl_) MIN MAX MIN MAX
.75 0 I 1.0 $2,660 $3,010
I, - ,
1 I 1.1 I 2.5 $2,926 $6,650 $3,311 I $7,525
I i
i
1.5 I 2.6 I 5.0 $6,916 $13,300 $7,826 I $15,050
, I
I ,
i . ,
2 ! 5.1 ! 7.9 $13,566 $21,014 $15,351! $23,779
1 ; !
']--------[ --;------- : --
3 I 8.0 i 54.9 $21,280 I $146,034 $24,080 i $165,249
I I I i
i, I
i I I .
4 I 55.0 I 128.9 $146,300 !, $342,874 $165,550' $387,989
, ,
" I
' ,
---- . .----
!, !
6 I 129.0 I 357.9 $343,140 I $952,014 $388,290; $1,077,279
.- I: t ;--
8 ! 358.0 ! 600.0 $952,280 i $1,596,000 $1,077,580 I $1,806,000
I 1 I !
_ Hvlll I'IV. UV
May 25, 2004
Page 6 of 10
RESOLUTION NO. 2004-_
A RESOLUTION OF THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER
COUN1Y, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER
74 OF THE COlLIER COUN1Y CODE OF LAW AND ORDINANCES, AS AMENDED,
(THE COlLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) TO
INCREASE THE WATER IMPACT FEE RATE FROM $2,570 PER EQUIVALENT
RESIDENTIAL CONNECTION (ERq TO 52,660 PER ERC (A 3.5 PERCENT
INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RATE FROM 52,950
PER ERC TO $3,010 PER ERC (AN INCREASE OF 2.0 PERCENT INCREASE) FOR
ALL CUSTOMER CLASSES; PROVIDING A DELAYED EFFECTIVE DATE OF JUNE
1,2004.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superceding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact
fee rates established by the adoption of Ordinance No. 98-69; and
WHEREAS, on December 11, 2001, the Board of County Commissioners adopted
Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the
Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance;
increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after
one year; and
WHEREAS. in accordance with that direction, the County has retained Public Resources
I Management Group, IDc, (the Consultant) to review the existing water and sewer impact fees and
I
to recommend changes to those fees if appropriate; and
WHEREAS, on February 12, 2002, the Board of County Commissioners adopted
Resolution No, 2002-88 to correct Scrivener's errors, and to correct the water impact fee
downward by $50 per Equivalent Residential Unit (ERe), and to amend Schedule Two of
Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County
Consolidated Impact Fee Ordinance; thereby increasing the Water add Sewer Impact Fee rates;
and
WHEREAS, on February 25, 2003, the Board of County Commissioners adopted
Resolution No, 2003-93 establishing the District's current water and wastewater impact fees,
Whereas, on September 9, 2003, the Board of County Commissioners adopted
Resolution No. 2003-300 to amend the impact fee methodology for non-residential establishments
without any change to the actual impact fee,
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Consultant has recommended that the County increase water plant
capacity by thirty (30) million gallons per day and to increase sewer treatment capacity by
eighteen (18 million) gallons per day over the next ten (10) years, at an estimated cost ~ future d It N Be
gen a em o.
utility system users of approximately four hundred and eighty two ($482 million); and May 25, 2004
Page 7 of 10
.- WHEREAS, the above recommended rate increases establish the revised
rates at the maximum rates allowed in accord with Florida law; and
WHEREAS, staff has reviewed the Consultant's recommendations and
staff concurs with the recommended increases and recommends that the Board
adopt the attached revised Schedule Two of Appendix A of Ordinance No. 2001-
13, as amended, to implement these recommended water and sewer impact fee
rate increases; and
WHEREAS, the Board of County Commissioners accepts the
recommendations of the Consultant and from staff.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby declares, after
advertised public hearing, that the water and sewer impact fee rates set forth in the
revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended.
attached hereto as Exhibit "An and incoIpOrated herein by reference (being a part
-, of the Collier County Consolidated Impact Fee Ordinance), are fair and
reasonable and are to be assessed against development that will receive benefits
from increased water facilities capacity, increased sewer facilities capacity, or
both, which increased capacity is necessitated by growth.
2. That these revised water and sewer impact fees will take effect as
of 8:00 A.M, on Tuesday, June 1,2004.
This Resolution is adopted after motion; second and majority vote
favoring adoption this day ,2004.
A TIEST BOARD OF COUNfY COMMISSIONERS
DWIGHT E. BROCK, Clerk COUJER cou'NrY, FLORIDA
By By:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
,- Th~pf~
Assistant County Attorney Agenda Item No. 8e
May 25, 2004
Page 8 of 10
_._._.u ._,--
APPENDIX A
SCHEDULE TWO - EFFECTIVE APRIL 14, 2004
WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE
RESIDENTIAL
INDIVIDUALL Y METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
/SQ FT.) ALLOCATION METER SIZE , (Equn../ent , IMPACT FEE IMPACT FEE
I' . . Rai4m1it1/Conn<<twrr)
i I i
o TO 4 999! i ! i ,
(ANDNOMO~TllAN4 ! PER UNIT 1 3/4" i 1 i ~ ' ~ I
r-___l!.....!!IR'!O~S)! ! : ! '
5,000 OR MORE I PER ERC I PER I (GPM-24)/20)+ I I B.\~~D O~: ~~C i ~ I
(ORMORETHAN4BATHROOMS) i I' ERC I (GPMFROMAWWAM12) I Mim....'.mJ.2:J '(J i '
---- ! . ! j :
RESIDENTIAL
MASTER METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
(SQ.FT.) ALLOCATION METER SIZE ~~-:errtidl IMPACT FEE IMPACT FEE
! I I I :
o TO 750 I PER UNIT I PER ERC i 0,33 ! S&W ! .$98G I
! ~,---____,________, i ! I __
' ,
' ,
' ,
' ,
' ,
751 TO 1,500 PER UNIT ! PER ERC , 0.67 I ~ .$-l-;91O.
; i i : !
1,501 TO 4,999 I ! j I ll'-> c..,,, I ('-> ncn I
(AND NOMORE THAN 4 I PER UNIT i PER ERC I 1.0 I ~ I ~
BAfflROOMS) i I : I i
,
5,000 OR MORE i PER ERC PER ERC '(GPM-24)/20)+ I : B.\SED m: ERC i ~ I
(ORMORETHAN4BATllROOMS) i , (GPMFROMAWWAM2Z), MiNi_Mj7IJ! '
NON-RESIDENTIAL
WATER METER
SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE
OR CCJrSD EOUIVALENT (ROIIM ERO .. thelfetln$/ tenth) MIN MAX MIN MAX
.75 0 I 1.0 I ~ ~ I
I ________,__,
I i
1 1.1! 2.5 i $J;8P $6,4M _ ~ ~ I
, ;
1.5 2.6 i 5,0 I ~ $12.85Q ~,$14,750 I
j i !
2 5.1 I 7.9: Sn,107 $10,j{)j $15,045' $23,305 I
..-....--..---.---.---..-------.---
3 8.0, 54.9 $20,560 $111,093 $23.600 $161,955 I
I ' ,
4 55.0 I 128.9 $1/1,350 $331,273 $162,250' $380,255 I
f-------, '",___
6 129,0 ,357.9 $331,530 $919,803 $380,550 i $1.055.805 ,
8 358.0 ! 600.0 $920,06(J $1,542-.000 $.',056,1()() S!,770,(}()() I
I
~ ILvlll I '>IV. v'"'
May 25, 2004
Page 9 of 10
- APPENDIX A
SCHEDULE TWO - EFFECTWE , 2004
WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE
RESIDENTIAL
INDIVIDUALLY METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
/C"n FT.} ALLOCATION METER SIZE , (EIfMiwrle... , IMPACT FEE IMDACTF.'E'E
.I:J~. . RaUlen&l COlflfemonj c.
'I i
o T04 999, I , I i
(.4NDNOMOkTlUN4 , PER UNIT! 3/4" ill $2,660 I $3,010
BATHROOMS) I , I i
I I I j
5,000 OR MORE I PER ERC I PER 'I' (GPM-24)/20)+1 BASED ON ERC I $3010
(OR MORE TIlAlV 4 BATHROOMS) I 'I ERC I (GPM FROM A WWA Ml2) Minimum $2660 I '
I .! I
RESIDENTIAL
MASTER METERED
LIVING SPACE BASIS OF FEE ERC WATER SEWER
(SQ.FT.) ALLOCATION METER SIZE (EIfMn;:::::::::/,flitJl IMPACT FEE IMPACT FEE
I ! t
! i !
o TO 750 I PER UNIT ! PER ERC ! 0.33 $890 I $1,005
f-- ,-1- !---,-----,-l---------------~ :
- j ~ 1 i
751 TO 1,500 i PER UNIT I PER ERC i 0.67 i $1,775 , $2,010
. , f , ,
' , ,
I I f
, : ; " ~
1,501 TO 4,999 I 'i I
(.4NDNOMORETlUN4 i PER UNIT I PER ERC : 1.0 I $2,660 I $3,010
BATHROOMS)! I : i !
ii,
5,000 OR MORE I PER ERC I PER ERC '(GPM.24)/20)+ 1 BASED ON ERC $3 010
(ORMORETIlAlV4BATHRooMS) ii, (GPMFROMAWWAMZZ) I K__SZ660 ,
. ! I i
NON-RESIDENTIAL
WATER METER
SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE
ORCCWSDEOUIVALENT (RoMIUIERC.",dJe.uares,tnrdo) MIN MAX MlN MAX
_ .75 ,____,_~___ I 1.0 _____, $2,660 $3,010
I I : ,
1 i 1.1 i 2.5 I $2,926 $6,650 $3,311 I $7,525
----: ! -;! ;
, , ,
' , ,
' , ,
1.5 I 2,6 I 5.0 I $6,916 I $13,300 $7,826 $15,050
Iii I
2 I 5.1 I 7.9 I $13,566 I $21,014 $15,351: $23,779
' " .
t..-----------...t----.-t.------.--.----- ..-..t--------------- --
3 I 8,0 I 54,9 I $21,280 ! $146,034 $24,080 $165,249
! ! i i i
' ,
! i i j
__ 4 i 55.0 I 128.9 _ ! $146,300 ! $~~:.~4 $165,550 1,____ $3~7,~~__
6 I 129.0 ; 357.9 I $343,140 I $952,014 $388,290: $1,077,279
.- i i !
I 'i I
8 I 358.0 i 600.0! $952,280 ! $1,596,000 $1,077,580; $1,806,000
~ ! i' i
... Ilel .'Cu. Uv
May 25, 2004
Page 10 of 10
~-_..-."._----
-,'",,_..- ...----.--.
"----.,-.--.- -" -...,-.....--.
-, EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S) TO THE BA YSHOREJGA TEW A Y TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD.
OBJECTIVE: To appoint 3 members to serve 2-year terms, expiring on May 22,2006 to the
BayshorelGateway Triangle Local Redevelopment Advisory Board.
CONSIDERATIONS: The BayshorelGateway Triangle Local Redevelopment Advisory
Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment
Plan, to make recommendations to the Community Redevelopment Agency, to receive input
from members of the public interested in their respective component areas and to report such
information to the Community Redevelopment Agency. Resumes will be accepted from all
interested parties. including Bayshore residents, Gateway Triangle residents. Bayshore business
owners. Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners.
Bayshore MSTU representatives. and at large representatives who reside or engage in business or
both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who
"engages in business" means an.individual owning real property or a business, practicing a
profession or performing a service for compensation or serving as an officer or director of a
corporation or other business entity so engaged. Consideration will be given to appointing
members that have experience in the following professions: finance, banking, architecture,
engineering. education, law enforcement, social work, real estate sales and development,
planning or design and building construction. Terms are 2 years. A list of the current
.- membership is included in the backup.
The terms for Bruce Babbitt, Chuck Gunther, and William C. Mears expired on May 22, 2004.
A press release was issued and resumes were received from the following 3 interested citizens:
APPLICANT CATEGORY DlST ELECTOR ADV. COMM.
R. Mark Winsor Resident 4 Yes None
Charles H. Gunther - re-appt Gateway Triangle Representative 1 Yes BayshoreJGateway Triangle
William C. Mears - re-appt At-Large Representative 4 Yes Bayshore/Gateway Triangle
COMMITI'EE RECOMMENDATION: Re-appointment: Charles H. Gunther
Re-appointment: William C. Mears
Third Appointment: Re-advertise
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint members to the BayshorelGateway Triangle Local
Redevelopment Advisory Board, and direct the County Attorney to prepare a resolution
confirming the appointments.
.-. Prepared By: Sue Filson, Executive Manager
Board of County Commissioners Agenda Item No, 9A
May 25, 2004
Page 1 of 14
--... _.~,-".." '''~-'-"-~-''~"",..,.,...' " ,...,-,-
- Agenda Date: MAY 25, 2004
-
,-
Agenda Item No. 9A
May 25, 2004
Page 2 of 14
"_".M ,-~"- ,...._._-~----'._._.,-~._-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 9A
Item Summary Appointment of members to the Bayshore/Gateway Triangle local
Redevelopment Advisory Board.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Sue Filson Executive Manager to the BCC
Board of County BCC Office
Commissioners
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 5/13/2004 4:57 PM
Commissioners
Agenda Item No. 9A
May 25, 2004
Page 3 of 14
_0_00_'_,...
135/05/213134 139:53 2397754456 BAVSHORE/GATEWAV CRA PAGE 82/03
~,.- ,
,- Bayshore/Gateway Triangle Redevelopment At..
Community Redevelopment .Agency
2408 L Inwood Ave Sait. 11 Naples. '1 S..U2 Phon. 231.1'3.1115 Fax 231.775.44'.
MEMORANDUM
eRA Board TO: Sue Filson, Executive Manager
~er Board of County Commissioners
mes N. Coletla
::cmmlsslooer FROM: Aaron Blair, Executive Director
Fred w. CoyIG
~er DATE: May 5. 2004
Donna Fiala
=cmmissioner RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board
FliIOk Halas
:;om,n~ The recommendation for appointment to the BayshoreJGateway Triangle local
Tom HennltlQ Redevelopment AdvIsory Board by acting members i8 as foUows;
CRA 3taff The advisory board unanimously supports the reappointment of,
D. Aaron Blair Charles H. Gunthor as the Gateway Triangle reprewntative
B8yst\o(e
Gm.way
TltanOlo William C. Mears as an at large representative
ExGeutIYe
Dlf4lClCl'
-
The adVisory board does not support the appointment of R. Mark Winsor to the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board. The members of the
board felt that Mr. Winsor haS not shown any Interest in their activities nor has he
attended more than a handful of monthly adviSOry board meetings. An acting board
member brought to the attention of the board 1hat Mr. Wmsor has held adversarlal
position with the board at the meetings he has attended. The AdVisory Board would like
to re-advertise this position,
Thanks for all your help.
~-
ColJl.r County Community Red.".loprnent AlIIeracy
w w W . colli e r tI 0 Y . n 8 tip I ann i A g lor _ J c r aA!JEI'ltla blln NtJ!l9A
May 25, 2004
Page 4 of 14
I
_~___,o_,,"",~..__,,o.,o"._o__"O_'.. __ ._'__ __,'.'0.0.._'
'P
Fax Transmittal Form
To From
Name: Sue FIson Aaron Blair
Organization NameIDept ace Office
cc: Phone: 643-1115
Phone number: Fax: 775-4456
Fax number: Emalt.
a Urgent Date sert
l;J For Re\Iiew Tme &eft:
a PIee!'le Comment Numbef" of page$ inctuding cover page;
a PIe8$e Reply
Message:
Sue
Mr_ Made. 'Wmsorwoald fit Into the Baysbore Raldeat C8fegCIy fur- dte BaysbordGateway 'frimgle Ad\rismy Board
'Thank you so much AJII'OO
Agenda Item No. 9A
May 25, 2004
Page 5 of 14
tl3/t13 39'i1d ~ ^1;1M3.lt19/~W 9SiPpSiLL6e:Z; Ze::L9 PI3I3l/99/S9
--- +
.-
-
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Bruce Babbitt -69&-199 t- 04/22/03 OS/22/04 1 Year /'
3338 Dominion Drive 353-6404
Naples, FL 34112
E-Mail:
District: 4
Category: Bayshore Resident
Mr. Chuck Gunther 714-6662 04130/02 OS/22/04 2 Years /
2448 Bayside Street 114-6662
Naples, FL 34112
E-Mail:
District: 4
Category: Gateway ResidentlBusiness
Mr. William C. Mears 04/30/02 OS/22/04 2 Years /'
- ,-- 3804 Clipper Cove Drive 714-7147
Naples, FL 34112
E-Mail:
District: 4
Category: Bayshore ResidentlAt Large
Ms. Sharon D. King 111-3531 OS/22/01 OS/22103 2 Years
3307 Dominion Drive 714-4176 04/22/03 OS/22/05 2 Years
Naples, FL 34112
E-Mail:
District: 4
Category: Bayshore Business
Mr. Bill L. Neal OS/22/01 OS/22103 2 Years
3839 Clipper Lane 714-6325 04/22/03 OS/22/05 2 Years
Naples, FL 34112
E-Mail:
District: 4
Category: MSTU Member
r----
Thursday, SeptDnhe, 11, 2003 Pagelof3
-,"
Agenda Item No. 9A
May 25, 2004
Page 6 of 14
---_."-....._._~-~_.,,......."_._-_._. -.,---.---...
. . -----------
----- Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDote 2nd Term
Mr. Ronald A. Fowle n4-4400 06/26/0 I OS/22/03 2 Years
2595 E. Tamiarni Trail 04/22/03 OS/22/05 2 Years
Naples, FL 34112
E-Mail:
District: I
Ctltegory: Tamiarni Trail Business Owner
Mr. Philip J. McCabe 263-0723 0911 0/03 OS/22/05 2 Years
679 Fifth Avenue, S. 263-0723
Naples, FL 34102
E-Mail:
District: 2
Ctltegory: At-Large
Mr. Michael P. Valentine 732-6n4 09110/03 OS/22/05 2 Years
2408 Linwood A venue, Ste. 7 A 248-6981
~ Naples, FL 34112
E-Mail:
District: 4
Category: Davis Boulevard Area
. et~
Mr. Peter H. Van ArsdaIe(fk'lf~t'\'O'o 261-8110 09/10/03 OS/22105 2 Years
123 11 th Avenue, S. ~' 253-8246
Naples, FL 34102
E-Mail: petervanarsdale@earthlink.net
District: 4
Clltegory: At-Large
--- '
Thunday, September 11, 21HJ3 Page 2 of J
Agenda Item No. 9A
May 25, 2004
Page 7 of 14
,-'
",-,
,-- Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and
20C>>83 establishing the Collier County Community Redevelopment Agency and identifying two
areas within unincorporated Collier County (BayshoreIGateway Triangle and Immokalee) as
areas in need of redevelopment. In addition. Resolution 2000-83 authorized the creation of
Local Advisory Boards by separate resolution to assist in the implementation of the
redeveloprnent plan. The CRA adopted Resolution 2001-98, which included a set of bylaws for
the BayshorelGateway local Redevelopment Advisory Board.
On 6113103 the CRA Board adopted Resolution 2003-217 revising the membership to add 2
members for a total of 9 members; 3 can be at-large in district.
- --,
FLSTAT
SIII/f: Aaron Blair, Urban Design Planner: 403-2321
r'-
- 1'Iuust/iq, Septmrbel' 11, 2(J(J3 Page3of3
Agenda Item No. 9A
May 25, 2004
Page 8 of 14
-,..__.,.- .. ----_.,,~_...._~,,~~...,,-,,- -"~""'-'---"--
--,
MEMORANDUM
DATE: AprilS, 2004
TO: Elections Office IJA
FROM: Sue Filson, Executive Manager .'
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 connnission district in which each applicant resides.
BA YSHORElGATEW A Y TRIANGLE COMMISSION DISTRICT
R Mark WInSOr J-j
2500 VanBuren Avenue
Naples, FL 34112
Charles H. GWlther
2448 Bayside Street /
Naples, FL 34112
Wdliarn C. Mears ~
3404 Clipper Cove Drive
Naples, FL 34112
Thank you for your help.
p~CE.Vr::;n
> H.:~' ~ L-'
Ii. F' ~~ G ? {C .~..;
8oa"(C 'Jt C~ii;nT- ~ ~_i.,.r,ml~: j t(JrJer~
Agenda Item No. 9A
May 25,2004
Page 9 of 14
-,
MEMORANDUM
-
DATE: AprilS, 2004
TO: Aaron BJair, Urban Design Planner
FROM: Sue Filson, Executive Manager ';If ,
Board of County Commissioners
RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
re~ was issued requesting citizens interested in serving on this committee to submit a resume for
co~deration. I have attached the resumes received for your review as follows:
R Mark Wmsor
2Soo Van Buren Avenue
Naples, FL 34112
Charles H. Gunther
,-
2448 Bayside Street
Naples, FL 34112
William C. Mears
3404 Clipper Cove Drive
Naples, FL 34112
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-:frame, and I will prepare an executive swmnary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
1bank you for your attention to this matter.
SF
Attachments
-
Agenda Item No. 9A
May 25, 2004
Page 10 of 14
._--- .-.-.....-.. .-...".......- --.....--"". _'_'_k'~__~____^'_'_'_ .
Page 1 of2
filson_s
From: AdvisoryBoards
Sent: Friday, March 26, 2004 8:33 AM,
To: filson_s
Subject: New On-line Advisory Board Application Subnitted.
eo1ti:n.em.nty Board of County Commissioners _ ~ . I
-----..-..- 3301 East Tamiami Trail tft........it lJ.
Naples. FL 34112 ......'.',
Tel: (239) 774-3602 . ~ .'
Fax: (239) 774-3602 _. _. . ~
,"- "4'~ /
March 26, 2004
Application for Advisory Comm~s I Boards
Name: R. Marie 'Mnsor Home Phone: 239-775-3663
Home Address: 2500 Van Buren Ave.
City: Naples Zip Code: 34H 2
Fax Number: No information provided. Business Phone: No infonnation provided.
Emal Address: rrnwinsor'@hotmail.com
80lIrd J C<lt...littee Applied for. Bayshon!IGateway Triangle t...ocat Redevelopment
Advisory Board
Category: (if applicable) Lay pen;onICIizen At-large
Are you a registenld voter in Colier County7 Yes
Do you currently hold public: oI'IIce? No
Do you now serve. or have you served on a Collier County bo8nI or No
comn..u-?
Please fISt your community activities:
Past volunteer with the local turtle project under lots. Maura Cunan
Education:
2 year degree in HolticUture tom Kirkwood CoIllll1U1iy COIege, Cedar Rapids, IA
Experience J Background:
IMlen I first came to Naples, I wor1led for \NesIIrVlOUSe Corp. !Rier Ross 0bIlly at
Pelican Bay as the landscape-Utillles Coordnator. I have continued to work in the
horticulture field since then. I served as the first stiff hortlc:ulturist at the Conservancy
Nature Center, working under New Putzer and WIllard Menihue. I presenIIy have a my
own sma. lawn care service.l have owned my home on Van 8lnn Avenue forthe last
twelve years, and have watched !he area grow and cha~. I would lite tG see the area
Agenda Item No. 9A
3/29/2004 May 25, 2004
Page 11 of 14
Page 2 of2
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continue its improvements.. and become a safer neighborhood for my chidren to grow
up in_
-
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-
,-
Agenda Item No. 9A
3/29/2004 May 25, 2004
Page 12 of 14
- ..---
-.------..-...--.-....-.-.
Page 1 of 1
filson_s
-.".' Board of County Commissioners I.-~
cQIlleT Cownty
_____ to~'_."-:-'''''''''''''''._ __.....__ 3301 East Tamiami Trail
Naples, FL ~112 f( :-,} -/'
Tel: (239) 774-3602
Fax: (239)774-3602
March 25, 2004
Application for Advisory Committees I Boards
Name: Charles H. Gu~ Home Phone: 239-248-1394
Home Address: 2448 Bayside S1reet
City: Naples Zip Code: 34112
Fax Number. No information provided. BusIness Phone: 239-248-1394
Email Address:, FLGul'if1er@comcastnet
-
8oa'd I eam..liiIhoa Applied for: Bayshorelgateway Triangle CRA Advisory Bet
CategoIy: (if applicabJe) ResicIentiaI Representative Triangle area
Are you a registered voCer' in Collier County? Yes
Do you currently hold public office? No
Do you now serve. or _w you served on . Colier County board or Yes
,,-, ..tiIIl.-d?
. yes. please IlsI the ~s I commiUl!es:
Preseft Member of Bayshorelgateway Triangle CRA AdvIsory Board
Please list your ccmmunity acIMties:
Freedom Triangle A$sodation, PresidenI
Education:
High School Grad
Experient;e I Badtground:
Active in Neiglborhood associations in N.Y.C. in late 60's and early 7(Js. Active wih
N.Y.C, planning Commissjon via neighborhood As&odaIions during same time Have
served 1 teRn on this Advisory Board Resident of this neighborhood for 30 + years.
Agenda Item No. 9A
3fl512004 May 25, 2004
Page 13 of 14
~-----..__._-
Mar 13 04 01:59p William c. Mears 239-774-0122 p.l
-
Application for Advisory Committees/Boards
Board of County Commissioners
cJm~ County 3301 East Tamiami Trail RECEIV
Naples. FL 34112
(239) 774-8097
Fax: (239) 774-3602 MAR 1 5
.~~;::;:--\~~..~.~
( Board I)f :ountl COllUlf$$1on~r~
Name: ~ 1.., 1 . ... .b I'!.. IVI_ ...
Home Address: .,.. .. ~.. - .- '10.._ .- I Zip Code: l/fJ.. . ...
Home Phoae: .2 ~ _..,..,-1_ I Business Phone: I "'u: 2...... - ~....l _ 0 ,~ 2-
e-fIGiI address: --'fAn"'" - __.L "A"#-
Board or Committee Applied for: ~ ~ . ,I... _.. .,.-:;:;. I. .!"" .....,. - - <II , &
C"l~ (iI anolic:abk) ,
ElaUII'ple: Commisaioa DIstrict. DcYdooff. envi....anoea..1ist. Crtb:nt-At-La1"EC. de.
Are vou a re2istered voter in Collier County? I Yes IL,;f T No r 1
Do vou currently hold public office! I Yes I I I No J;Of'
If so. w...t off'JCe do vou hold?
Do VOU BOW serve, or have vou ever served on a Collier County board or commiuee? I yes,........ I No r 1
If v(":<,. pka.'ie Iillt lilt' boanlslcqBUllitues:
"7 . k'> - 'T ._ _.A. I _ _ ";;Z'_.- ~~ /~ .A -~"\
f '-
Please list your communitv activities (civic cl.bs. aeidabortlood assoclati.as, etc. aad positions bdd):
~-~
.~~- . ,. LI. __a'
Education:
<-- ~ A 0- - ,
ExperieoceJBackeround: .
<:'.....-! ~ .- A - - ,
_.
n-- -.dr lUIJ' IUUltiDlUI/ iIIf~~ youfal peniIIenL This IZppIktItUne u-Jd bef~iI IiISIu: m-. &cet:JIdw M-.n'.-
:&crrlefCmurl}1 C_bsiDtIRS, 33tJI E4st T--.J TraJ4 NtIpIa. FL J4J 12. If yo. .....Pt-P)'ll*l' ~et'ft~nFN~1Ite-
...u Ie SIId11sD~iir6l1~tw."rf.. TluulkytJ..f- PDhuru"rbw tD u__"'" ~ DfC.m- c-.t;,.. May 25, 2004
Page 14 of 14
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~ - ---,.- ...~,-_._-------
_.
EXECUTNE SUMMARY
To approve the acquisition of right-or-way required for the construction of six-lane
improvements on Golden Gate Parkway between Airport-Pulling Road and Livingston
Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road
consistent with the Grey Oaks PUD - Project No. 60006. (FISCAL IMPACT: $4,907,000.)
OBJECTIVE: To obtain the right-of-way required for the construction of six-lane
improvements and intersection improvements at Golden Gate Parkway and Airport Road from
the Halstatt Partnership consistent with the Grey Oaks PUD.
CONSIDERA nONS: The Grey Oaks PUD document (Ordinance No. 90-48, as amended)
required the developer to dedicate right-of-way to Collier County for the construction of
Livingston Road, and for the 6-lane expansion of Golden Gate Parkway, and for the construction
of the grade separated overpass at Golden Gate Parkway and Airport Road, and to receive road
impact fee credits in exchange for these dedications (the total dedication credit not to exceed 25
acres ).
While the improvements, including the overpass, are essentially within the established footprint,
-, the total area of the right-of-way required to construct all of the above-referenced roadway
improvements exceeds the original estimate of 25 acres. While the County may issue road
impact fee credits for the first 25 acres of right-of-way required, the land owner is entitled to
cash payment for the balance of the required right-of-way.
The value of the road impact credits was first established 1995 during the acquisition of the
right-of-way necessary for the expansion of Golden Gate Parkway between Goodlette-Frank
Road and Airport Road. Right-of-way from within the residential areas of the PUD were valued
at $50,000 per acre. Right-of-way from within the commercial areas of the PUD were valued at
$6.25 per square foot. These unit values form the basis of the original Developer Contribution
Agreement approved by the Board of County Commissioner on April 11, 1995, issuing road
impact credits to the Halstatt Partnership.
Following the precedent established in 1995, and using the same unit values for the dedications
eligible for road impact fee credits (the balance of the 25 acres not already dedicated to the
County), Halstatt Partnership has agreed to accept $1,978,943.40 in road impact fee credits, and
a cash payment of $2,913,202.74 ($9.00 per square foot) to the County of all of the right-of-way
required for the construction of the grade-separated overpass and six-lane improvements along
Golden Gate Parkway between Airport-Pulling Road which exceeds the 25 acre dedication
originally contemplated in both the PUD and the DR!.
FISCAL IMP ACT: Funds in the amount of $2,928,056.60 are budgeted in the Transportation
.-' Supported Gas Tax Fund and Impact Fee Funds for this payment. The $2,928,056.60 covers the
Agenda Item No. 10A
May 25, 2004
Page 1 of 26
---
Page 2 of2
.-
cash payment, the title insurance and the recording fees. Impact Fee credits will be issued in the
amount of $1,978,943.40. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement
Element, the construction of the grade-separated overpass and 6-lane improvements, this
purchase is consistent with the Collier County Growth Management Plan.
RECOMMENDA nONS: That the Board of County Commissioners of Collier County,
Florida:
1. Approve road impact fee credits in the amount of $1,978,943.40 and cash payment in the
amount of $2,913,202.74 to the Halstatt Partnership for fee simple conveyance and
easements of all property described in the legal sketches and descriptions contained in
Exhibit A;
2. Authorize its Olairman to execute on behalf of the Board a Developer Contribution
Agreement (DCA) for the issuance of said road impact fee credits, said DCA to be
drafted and approved by the Office of the County Attorney;
3. Authorize its Chairman to execute on behalf of the Board a Purchase Agreement for the
purchase of said right-of-way (item 2 above), said Purchase Agreement to be drafted and
approved by the Office of the County Attorney;
4. Authorize staff to close the real estate transaction, and to record the conveyance
- instruments and any and all curative instruments in the public records of Collier County,
Florida; and
5. Accept the right-of-way conveyance instruments as provided under the DCA and the
Purchase Agreement; and
6. Authorize any and all budget amendments which may be required to carry out the will of
the Board.
_.
Agenda Item No. 10A
May 25, 2004
Page 2 of 26
~----'". .__H___"'~"__ -.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 10A
Item Summary To approve the acquisition of right-of-way required for the construction of six-
lane improvements on Golden Gate Parkway be.....'een Airport-Pulling Road and
Livingston Road and intersection improvements at Golden Gate Parkway and
Airport-Pulling Road consistent with the Grey Oaks PUD. (Fiscal Impact:
S4,907,OOO.)
Meeting Date 5125/2004 9:00:00 AM
Prepared By
Kevin Hendricks Right Of Way Acquisition Manager
Transportation Engineering and
Transportion Services Construction
Approved By
Sharon Newman Accounting Supervisor Dale
Transportion Services Transportation Administration 511412004 4:36 PM
Approved By
Lisa Taylor ManagementlBudget Analyst Date
Transportion Services Transportation Administration 511412004 4:52 PM
Approved By
Gary Putaansuu Senior Project Manager Date
Transportion Services Transportation Engineering and
Construction 5114120042:34 PM
Approved By
Transportation Engineering!
Gregg R. Strakaluse Construction Mgmt Director Date
Transportation Engineering and
Transportion Services Construction 5114/2004 2:26 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 511712004 8:59 AM
Approved By
Nonn E. Feder, AICP Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 511712004 10:17 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5117/2004 10:56 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 511712004 12:35 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Off'lCe Office of Management & Budget 5118/2004 8:49 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/2004 4:56 PM
Agenda Item No. 10A
May 25, 2004
Page 3 of 26
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\
(ASl 1/4 COR.
SEC. 26 .___11._
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PERPETUAL. NON-EXCLUSNE ___ j!o
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~~t}~~ ~~~1t11-~. -j~:oq __ PARCEL 1011
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COLLlEn COUNTY. FI.OHlJlA l.A No.: 109~2
.i08 NUt.mER '"' NAM[
01 -0015.18 OT.-OO1;..SK1Ol )
----._.- ~~.'_. --__.0
. ----
EXHIBIT A
LEGAl DESCRIPTION FOR PARCEL 101
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICUUlRLY DESCRIBED AS' FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26. THENCE S.00'28'42"W., ALONG THE EAST LINE or THE
SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 281.79 FEET;
THENCE LEAVING THE SAID E."'ST LINE, N.89'31 '18"W, A DISTANCE OF 68.00 FEET, TO THE POINT OF BEGINNING:
THENCE ALONG THE WESTERLY RIGHT -OF -WAY OF AIRPORT -PUlliNG ROAD (COUNTY ROAD 31), AS RECORDED IN
OFFICIAL RECORDS BOOK 2064, PAGE I 16 I OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, lHE FOLLOWING
TWO (2) DESCRIBED COURS[S:
(1) lHENCE S.00'28'42"W, A DISTANCE 66.18 FEET:
(2) THENCE SOUTHWESTERLY 104.16 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE RIGHT HAVING
A RADIUS OF 67.00 FEET THROUGH A CENTRAL ANGLE OF 89'04'23" AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.45'00'54"W., A DISTANCE OF 93.98 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GATF
PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA:
THENCE ALONG lHE SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING FIVE (S) DESCRIBED COURSES;
(1) THENCE 69.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08'W.,
A DISTANCE OF 263.54 FEET.:
(2) THENCE N.00'26'S2'W., A DISTANCE OF 3.00 FEET;
(3) THENCE 72.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08'\Y.,
A DISTANCE OF 400.00 FEET:
(4) THENCE N.00'26'S2"W.. A DISTANCE OF 200 FEET:
(5) THENCE 74.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08"W.,
A DISTANCE OF 1451.53 FEET, TO A POINT ON THE NORTHERLY RIGHT-Of-WAY OF SAID GOLDEN GATE PARKWAY, A.c;
RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE 17 I 7 Of THE PUBLIC RECORDS Of CDLLlER COUNTY, flORIDA:
THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY, OF SAID OFFICiAl RECORDS BOOK 2790, PAGE 1'l17. THE
FOLLOWING THREE (3) DESC"IBED COURSES:
(1) THENCE N.76'48'2B"W.. A DISTANCE OF 55.59 FEET;
(2) THENCE 87.11 FEET NoRTHERLY AND PARALLEL WITH CENTERLINE Of SAID GOLDEN GATE PARKWAY, S.89'33'08'\Y..
A DISTANCE OF 246.78 FEEt:
(3) THENCE WESTERLY AND NORTHWESTERLY 11.77 FEET ALONG THE ARC or A TANGENTIAL CIRCULAR CURVE TO THE
RIGHT NORTH HAVING A RAD(US OF 38.00 FEET THROUGH A CENTRAL ANGLE OF 1,44'33" AND BEING SUBTENDED BY
A CHORD WHICH BEARS N.8i'34'36"W, A DISTANCE OF 11.72 fEET;
THENCE LEAVING THE SAID NORTHERLY RIGHT-OF-WAY. AS RECORDED IN SAID OFFICiAl RECORDS BOOK 2790, PAGE
1717, AND ALONG THE SOVTHERL Y LINE OF UlND AS RECORDED IN OFFICiAl RECORDS BOOK 2361, PAGES 1404
THROUGH 1411 OF HIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE FOLLOWING THREE (3) DESCRIBED
COURSES;
(1) THENCE N.83" 11'21"[, A DISTANCE OF 797.97 FEET;
(2) THENCE N8S'33'03"E, A DISTANCE OF 394.88 FEET;
(3) THENCE N.88'26'28"E. A DISTANCE OF 660.56 FEET;
THENCE N.Ol'42'22"W, A DISTANCE OF 10.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF A lID FOOT WIDE
FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OffiCIAL RECORDS BOOK 2845. PAGE 2972 OF HIE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE SOUTHERLY LINE OF THE SAID 110 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT,
N88'26'27T, A DISTANCE QF 379.9' FEET;
THENCE N.83"03'18"E., A DISTANCE OF 170.07 FEET;
THENCE NORTHEASTERLY 16i.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE LEFT HAVING A
RADIUS OF 110.00 .EET THROUGH A CENTRAl ANGLE OF 84'14'10" AND BEING SU8TENDED BY A CHORD WHICH
BEARS N.40'56',J"E.. A DISTANCE OF 147.55 FEET, TO A POINT OF COMPOUND CURVATURE;
THENCE 70.25 WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31),
NORTHERLY 397.53 fEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO THE LEn HAVING A RADIUS OF
5659.33 FEET THROUGH A CENTRAL ANGLE OF 04'01'29" AND BEING SU8TENDED BY A CHORD WHICH BEARS
NOS 1I'37"W., A DISTANCE OF 397.45 FEET:
THENCE N.05'42'02"E., A DISTANCE OF 10286 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID
AIRPORT-PULLING ROAD (COUNTY ROAD 31). AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WESTERLY RIGliT-OF-WAY OF AIRPORT-PUlliNG ROAD OF SAID OFFICiAl RECORDS BOOK 953,
PAGE 828, S.I3"04'13T, A:DISTANCE OF 0.64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY OF
I AIRPORT -PULLING ROAD AS "ECORDED IN OFFICIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN
SAID OFFICIAL RECORDS BOOK 145, PAGE 95 THE FOLLOWING TWO (2) (DESCRIBED COURSES);
(I) THENCE 50.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY
ROAD 31). S.05'45'18"r... A DISTANCE OF 45,94 FEET;
(2) THENCE SOUTHERLY 221.39 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE RIGHT HAVING A
RADIUS OF 5679.58 FEET THROUGH A CENTRAL ANGLE OF 02'14'00. AND BEING SUBTENDED BY A CHORD WHICH
BEARS S.04'38'18"E., A DISTANCE OF 221.37 FEET, TO A POINT ON THE WESTERLY RIGHT-OF -WAY OF
AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE J 161;
THENCE ALONG THE SAID W~STERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN
SAID OFFICiAl RECORDS BOOK 2064, PAGE 1 161, THE FOLLOWING THREE (3) DESCRIBED COURSES:
(1) THENCE SOZ-10'l2"W., A DISTANCE OF 99.46 FEET:
(2) THENCE S81'28' 42"W.. A DISTANCE OF 9.00 FEET:
(3) THENCE 68.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY
ROAD 31), SOUTHERLY 296.44 FEET ALONG THE ARC Of A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING
A RADIUS 5661.58 THROUGH A CENTRAL ANGLE OF 03'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS
S.01'0I'18"[, A DISTANCE QF 296.40 FEO, TO THE POINT OF BEGINNING;
CONTAINING 297,0058 SOU/lRE FEET, MORE OR LESS.
CONTAINING 6.82 ACRES, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOH: COUIER COUNTY COVIIWMFNT BOARD 01 COUNTY COMMISSICNU!S
(;OLlWN GATE PARKWAY IMPIWVI,MENTS RWT~
SKETCIl & DESCRIPTION 01': PERPI>TUAI., NON-EXCLUSIVE ROAD C\&:,S~"'NC; a Item NO.1
HIGHT-Ot'-WAY. IlHAINAGJ, AND UTILITY EASEMENT ''''ONORTlllIO."FB~.'V''-SUlY.1ro 25 2
I'AHCEL 101 rh.(94~~~~~~~~'~i~':;~7U . ay ,
COLLIER COITNTY, FLOHlDA Ltt Nu.: flq~2
JOG NlJMlJlY rill. NN.Ar
01 -D01~.11J 01.0fJ13SK10l
INIJlX NO,
-~---
EXHIBIT A
- r11 --- I
\\1 ~.\ I t
I ~~.
,- I
\ I 0 ': I: I:
F-PL [A$UAENI \:; lc I \ ",c:~tc-,...
DR ''''''u294 \ ~ \~ \ . (R'" ~,.,
\ \.. "" \ ~~r.'
~ -< \ W ..__,_ E
- I .~ ..
. 1 ~-
TEMPORARY I,k
CONSTRUCTION EASEMENT \ I I EAST LINE or ~
PARCEL 701 IHE NORTHEAST 1/4
2,040.5 sq. It. L5 ~
.J g
\ ;
'J - PC 113+66.31
LB ______..__ . _..._
r .__ ..._.... UNI li\~l!w..
1__.lI.N~~ __!lLA.'~INC IIN(;III
1.1 N()1'O!!'O/"W :\//01
LYNTON. HYNORY & SPROUL TRUSTEES ---I; -SSl:I"50'!,'Y:W-' --/9n
OR 1332/1004 U SH1:"4'42"W- "-';'0:61
PT 112+74.82 \"\ ~.Jc4....::t!Q~;j3~!i!}~;W. 12';BC
rPl f.ASE...E",[-....... 1\ ,__.J::'?.. ___ .f't.B4:. 55'. 5. !,"L 11..[.10.
I OR 1061-29. "1\1 I u-.-!:f, _:,~):l.()'!'.,!'J ');J<)~,
IJNIIT.O nHPHONE ls"'......I\\ \ L.7___u ~1J:o.L.'13J _'J21_4
.01< 79fl-1615 It:: ~ I I K !;Oc,'4:.J'OZ"W 11.(,4
\\~I \ 1_- _ _ _ _ _
j' \ k I \ 110' WIDE rPl EASE...ENT
OR 185/845
-- - ,-" "~ ""no""'''' ,Wo. -,,'<,-0 '.1 i i . I----r--""' ~ '"'""'" """".. "_c.'_'"
.- -- -- II"! I
:'~ POINT OF
)11 ;:;'~ COMMENCEMENT
I,',; I EAST 1/4 COR.
,I ;. ;0 _i~'1 I SEC. 26
-----~..- I ~ "" ~ :;:
---- -- _..~ --------~ ~ In 0 , HAlSTATT PARTNERSHIP
~ ! STRAP NO. 492525 001.0004A25
,<i, _-----0 OR 1428/1348 'L .
. -< ~ 1,'0 /'/
LYNTON, HYNDRY &: SPROUt TRUSTEES I g I I (}oo" //
OR 1332/1004 d I ~ r ;::; ~\'. 'J:/
- 0> ...V'/".<f'
I I + 1'1 /" .O!J>
- ~ /'
/ I -; .-..// j.lttP '\\\.~~./
_.=-~~ '::~ R~W PER .Q'; 30b4/1157-__JLt_~ .1._ _ <0 _ ../ ~ .; ,'f~i(6?:'
I e I .,..00 "~K()(>:..~.I'~Y
428--f.00 429+00 430-+00 4J1+00 432+00 ..33+1 .434+00 "35+00 . \'\():~~>J./~t.~/
- I I I - I I I ~ I ,'.>............. .~;;.- <-..,.,?/
GOLDEN GATE PARKWAY Ii! SURVEY ...--/ ,//... 7
8 I PI 104+51.47 __/-:=- oJ..-
-=---=1;0'# rEI; OR 2134/5~\ 1 ~ r I.=- [=-~=~='_:' .~-" ~ ,/
_u_'. - ..--- \l _ 'I _ .--
'\ I I ---- ....
,~ 0 I' , I GENmAl NOTE
;L ~ I ! I Ii! = BASELINE
H~I\RINCS ....Rt iVlSf'_O ON NOHIH AJ.'(P.'ICI>N ru.Jt.N.A
(N.AO) 1988-1990 !\OJUS1MfNl $,A:tf PI.A.N[ ~
C()(WDINAT[ SYSn-:M (GRID) roo Ilmltl>A (AST -. (' __(.)._
lONE. ( /~ , ,_.-' ~
o 75 1~1f) 300 ITi: 1\. t.)~""-'----_ "_.__~_______ --~..--
SKETCH & DESCRIPTfON ONL Y I~(:t;fn (;. flW. P!<<)fT,SIOfW SllRVf'(()I{ ~ UAI'I'[I?
NOT A BOUNDARY SURVEY L_ . -~~_~.------1 .u.~r)J\ Rc 'ISI~f.ll(). N u.RnncAlf 'JNU. :170]
SCfd.I':- 1" I ~)o. SIGNING I)^T(: I ~ i l. (t 1'-
f-{)I(. COLLIE!? COUNTY COVCRNMf"Nl nOARQ OF COUNTY COM~~ISSlt;Nl.I~~; ~O;I~~~I_~ :T~I~~JtTfl~~ll~~~~I~i-;~.N~~;:~.y;~u~"'6:0~~I~I~f~;;SIIl ~I^l Of
- RT1TT~'"
GOLDEN GATE PARKWAY IMPROVEMENTS '~I J
SKETCH & DESCRIPTION O~': Tl';MPOHAllY CONSTIWCTlON EASEMENT <:< 'Ns,":nN"
PAHCEL 701 JO'ONORnl~R~~ ,.~~~m No.1 A
N^I'[.ES. fLORII)^J<1IU1
COLLIER COUNTY, rLORIDA rlo.(94I)04')_15"" I'll' (94[)""-JO_ ay 25, 2 04
LIl No.: W."i2 26
JOFJ NLlM8m DRAWN Oy 1111 NAME :;f I
Ol--QOI5.1R f?CC: 01--0{)lS~;K"JOl or
.-.-."....-------"-.--..- .-_.----------,,-
_._-~
EXHlBIT A ~~~~
LEGAL DESCRIPTION FOR PARCEL 701
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS.
CQMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N01'09'O/"W,
ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF
372.01 FEET;
THENCE LEAVING THE SAID EAST LINE, S.88'SO'53"W., A DISTANCE OF 7923 FEET, TO THE
POINT OF BEGINNING;
THENCE S.84'14'42"W., A DISTANCE OF 20.61 FEET;
THENCE N.OS'33'SS'W, 'A DISTANCE OF 125.87 FEET;
THENCE N84'SS'SS"E, A DISTANCE OF 1100 FEET, TO A POINT ON THE: WESTERLY
RIGHT -OF-WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK
9S3, PAGE 828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID WESTERLY RIGHT -OF -WAY, THE FOllOWING TWO (2) DESCRIBED
COURSES;
(1) THENCE SOS'10'54"E., A DISTANCE OF 22.95 FEET;
(2) THENCE S.13'04'13"E" A DISTANCE OF 92_14 FEET;
THENCE lEAVING THE SAID WEST RIGHT -OF -WAY, SOS'42'02'W, A DISTANCE OF 1164
~-EET, TO THE POINT OF BEGINNING.
CONTAINING 2,040.S SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COIIIFR COUNTY GOvr.RNMENT BOARD OF COUN IY COMMISSIONlRS
GOLDEN GATt; PARKWAY IMPIWVEMENTS R~\a Item No.1 A
SKETCH & DESCRIPTION OF: n;MpOJ(AI/Y CONSTRUCTION EASJOMENT
PM/eEl. 701 JUjU NOKlllllORSESI : ORIVE. SlJltvf70 25 2 04
N^ru~. rl.ORIDA 34UM ay
COLLIER COUNTY, nOHlDA Ph.(941)649-IS<),} F;n(941)64'1-7U~6 '26
LB No: f,'J~l
JOO NUMBER DRAWN 8Y I'll I' NAMF ';111[1
01-00IS.18 llle 01-00 1 ~;Sl<IO I ;J 01
INDEX NO.'
I
EXIIIDlT A EXHIBIT -LL-
I L5 Page~of~
4' X 4' WIDE =-=-'-i
- i UTILITY EASEMENT L2 1 --
I PARCEL BOlA --- \---\ 1
I SE1~ ~E~AIL L3Jj L6 ,
"A" I g ,I
~ow PER on 9;5/078 -"-. ~ 'I ~... t ,f
\ "\ (~
\ g t \; I \
+ I _'.
U) ~, .
;: v> I , 'R T.' ,
\ c, \ 1f t;lr..~ h
..~ I ~..~y
>PL l^SflAfNT11. ~ ':1 \ \ ~~c;i~-'"
OR 1051 294 \:: I .~
DE;J AIL '}-." ___ \ \ lAST LINE Of THE
I I 0 NORTHEAST 1/'
I L5 \ \\ ~\ l PC 113+66.31
,I r ~\ \
~L m .. ~
, L3 '\ ~ PT 112+74.82
1'1 \ J \ I -.-. ..._.~_._......._.___n_......
~ '" lINL r MJI.L
-- n__ ~ ;;)1 LINl '-U~^RIN(; no U:NC; ffl-
,PI EASlM[NT-....... \ I ~ 'Zl I _~.}L._.. i'Ji).l.~()()~iJ1"W ~8}1. ~Xn
OR 1061-19' "l\ \ h' . L2 ____ sm,~)()'~)J"W IOlnO~"-_.
. \ \ 0'\ \ U ('8ir22'54"W 4.UO
UNlrr~D TnfPHON( .ES~ '--........ I i 0 \ --., _____. _.'2".__ _ _._ . . __.__~___
OR 798.'615 "!I ~ + %\ _I~"-n _ .t::lO(!'..12.'OS"L 'I.. on
\ \ :: L5 N8B'n':i4"L 4 00
\ \ \ -j-r,- s6r):Ic);.;,g"w -- 4~oi)
LYNTON, KYNORY '" SPROUL TRUSTElS I I, \ \ __ _ __ _ ____ _
OR 1332/1004 I 'I I
I II I \ 110' W'DE fPL EI\$E"'ENT
, I OR 1 85/R4S
- - 1\ I l. 0 . . ... . 0 .nn
- __n_ 'NTCLINEOf' THE SoUTH HA(f-SECTIO" 25-49-25 '11 i --- -. -N~L~~~6FTHCsii\JT~~rs~CTlON .!:~~9-2S
., 0 "'I
-- - - i, Lv i~ "?
I" -~ '.
,'" ~ I
I '. " ;\{ POINT OF
~I ~ . E ~I I COMMENCEMENT
~'I ~ 1~:1 I EAST 1/4 COR.
I. ;u :;, SEC. 26
.--..-/' j, lEU 0 ~
----- - -- -. -'-- __,-n----..- II r'1: (J) E:i 0' 'I' I '.W.STAlT PAATNfRSHIP
~ STRAP NO. 492525 OOl.0Q04A25
;;; I I OR 1428/1348, .
0-<' ;"ij .,1,\1,1.///
LYt>lTON. HYNORY '" SPROUL TRUSTEES II "t I ~ ,/00" ,/
OR 1332/100' II :g 1 0 ,,'v~' // <I>
d,'! .. 1 ,t I ..,'" / ...,,' .
...-7 I I ';: _~ 0,,<1> \1'\\\\')//'
....-.~-------- -- un I __".'
-.- -- - n _'__' flOW pm all 2_~>1,u.!.~2__..lJh. ~_l_~__n.-'- 00 (;..:i(';:~~'
~ I +00 4~&~ :'t\/~~~ . b. 1\).-)
426+00 429+00 4JO+OO -4J1+00 432+00 4J3+ 4J4+00 4~ . ~X~--. ~,~~~/
- , , t - , Ii! SURVEY " ;3.;/, '{}:/
GOLDEN GATE PARKWAY g I "-PI 104+51.47 .__--:;: }':~"
~" -~". """' '''<r''""~I' ~; ~ll-=r-::~:':~
I] "t 1 Ii! = BASEUNE
I ~ I I
AFARINCS AAr 8!lSI.D ON NORHI A!.lfRICAN n....-.uu
(N.A.O.) 1986-1990 AflJUSU....Nr Slo\'l( f>l^Ni
COORDINAT[ SYSTEM (CHU) fOR rlORIOA ~T . .....-.. r-:'\ fl--
lONE (. ,/ . ,..--:-"
75 300 liY' ("" C ~-;., __( _ ....-'~'-_____... -_."
SKETCH & DESCRIPTION ONLY -----.:J '~OGr~ c/ ....T[~:-'rr(Of(SSIONAI. ~;UIMYIll~ k llW)"'I~
NOT A BOUNDARY SURVEY .. - fl.OI?lOA nlG.1RMION c.mHFlCA.rr. .t<<.: ). 51Oi!
SCALE J"=J~O' 5lGNINi> DIllE: /_1...::" L~;"4-
NOl VALID WlTuour THr OOIC....w. SK;W.flJI<f AI 1U.1~;l.O I.UI\O~~fl) ~;U'.l 1"4-
rOH. COIJ IfR COUNTY GOVt:.HNM[N'r 80^I~O or COUNTY (:OMt>..1IS'SiONER~; " nORllJ/l R[CISTrRto PR01TSSIr:NAl.. SUIM"'f)~ "Nil U.\PI'IJl.
-
GOWEN GATE PAHKWAY IMPIWVEM~;NTS DWTj\""
SKHCH & DESCIUPTION OF: ,I" X l' lVWE UTILITY EASEMENT .l~'~"i~a Item NO.1
p ARC}O~J.. 601 ^ 3050 NOR'11111()RSE~~R1V'~. SUi(l~1(J 25 2
N^I>LES. FLORI[)^ HI04 IVlay
COLlJF.H COUNTY, FLOHIDA "10(""')6<19.1.""' 1'"(,,,""...,7<1 '
1.11 No.: 6Q:i2
JOIl NUMRER flU: NAMI:
01 0015.18 01~OOl~)SKHOI^
EXHIDIT A EXH~I!,-LL
Page ~
LEGAL DESCRIPTION FOR PARCEL 801A
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N01'09'07"W.,
ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF
837,93 FEET;
THENCE LEAVING THE SAID EAST LINE, S.88'50'53"W., A DISTANCE OF 101.02 FEET, TO A
POINT ON THE WEST RIGHT ~OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL
RECORDS BOOK 953, PAGE 828 OF THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA
AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID WEST RIGHT -OF-WAY, S88'22'S4''W, A DISTANCE OF 400
FEET;
THENCE N.00'32'08"E, A DISTANCE OF 4.00 FEET;
THENCE N.88'22'S4"E, A DISTANCE OF 400 FEET, TO THE SAID WEST RIGHT-OF-WAY;
THENCE ALONG THE SAID WEST RIGHT-Of-WAY, S.00'30'39''W, A DISTANCE OF 4.00 FEET;,
TO THE POINT OF BEGINNING.
CONTAINING 16.00 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
rOR, COlLl[l~ COUNTY GOVEIlNMIN r BOARD Of' COUNTY COMMlssr')N(I!S
GOLDEN GATE PARKWAY IMPROVEMENTS RW~~
SKt:TCIl & DESCRIPTION (W: l' X l' WIIJE UTILITY EASEMt;NT '\L''A'''N(; a Item No, 1 A
'o'''NoRr''''oRSI~~ll",vr,s '1 no 25 20 4
Ph. (94~~~~;~~U:;I_~:,I~~~~4~O:7 ay ,
1.11 No.: 69~2 6
JOll NUMUlR
01. 001~.18
'Nm'x NO.:
. ---
EXIIll:llT i\ EXHIBIT ~
__ Page..:::!...JJf ~
,_.
I ~
\ 4' X 4' WIDE 'I.'
UTILllY EASEMENT L2 I 11\
PARCEL 801 B ------- I (J
sd~ sD[f~AIL \ t,: 1\ ' /J.~ "
"A" -~ ft ~~o/ L
1 ~ \ 'T'''^
I F"L [ASH'ENr ~\ ~ ('
OR 106'-294 ~ I .~
I ROW PER OR 953/826--____ \ - \ I j
DET AIL "A" \ \ 8 \ ~
I t -'-I \~\ ~. PC 113+66.31
,;:r5~d; 1~ ~R;~:~:~4.82
L j ;l)
r U
L3 I I ~ : I'--~~[ TAUU----
l J I 1 ,j ___~~.L -~il-^RI~C. -:"lfN0iil-
- --. rPL t~"[~l~~ \::: ~\ I -.. LI _ _ _t\i.o._."()'l.:Il7"w._.] _ 6il.I.'.lh.._
OR 061-2. \ I ~ <,OQ"'O""'''W llY)~;>
\ J. .>Ou.1. ).J
UNIlIUIELEPHONE F.Sl."--... 1\\ 0 \ ~\ -\3.=.~';81...;'4G..'..;;.)J.".w. '-:'-.01
OR 798-'615 ......1'1 ~ ~ ~I _~. NO.O".'.;>'()B.'" 1.()~...
\\1\ \::: \ L5 N8G'~b'~;.3"l 1 01
\ \ I 6 SOO:.\O-S;j':1'i ~ '(ll --
LYNTON, HYNDRY" SPROUL TRUSTEES \~\ _ _ _ _ _ _ _
OR 1332/1004 I II
I \ \ 110' WIDE FPL EASEMENT
i OR 185/845
,- I I
---._"- ~rr[jNE-6fTH(s6UiH ~ HALF SeCTION 2"6-':"49':-2"5" -1~lg .----.- 'N'LY-ll~~~!_!_~_~O~~ -~~f Sf.~~~.N~~~-4_~ .~5
I +
) I ~ 1'8
. I O;l)
--- - \ ~ -j~ {l
~' ~ I
:;: ;g ,l{ POINT OF
,\ ;ti E ~I COMMENCEMFNT
/ I f.ij 1~.' I EAST 1/4 COR.
I:;: ;u ,';'1 SEC. 26
- ---~---~- ( ~ ~ ~ ~
~ -' -- -- ------ I ~ Vl 0 HAlSTATT PAR1NERSHIP
- ~- -- I I ~ I I $lRAP NO. 492525 OOI.OQQ4A25
I < --c-o OR 1428/13<8 .-/
j' ~ W'U " 1\\\;/. ...//
lYNTON. HYNDRY " SPROUL TRUSTEES 'I ~ I _ .t(pbh ///
DR 1332/1004 I :'l r 0 I y~5" ./ <P
- I 'r "I'" .../ ,Y"
I -, ~ /',,~ /
': ..p.. ___-- :1~t:P \.\\\\\..../_~
. -- --~.-=---==-:::--=- _~OW _PER_~OR.-~4/1'57 _ ..r:::..-!iL!-1-- <D - --" _// <P ..' (,0fA~1~;:,
so I .". /,-i~ I\;r
428+00 429+00 04JO+OO 431 +00 432+00 433-+ .04+00 4:305+00 c.: 'l;:~~/~5J'i:)o/
- , , I - I ~ /" l,~l 7
GOLDEN GATE PARKWAY ~ SURVEY /- //1"'1' Y
8 I PI 104+51.47 _/--:::.- ~y
~ -ROW PER OR 2'94/~'8J'1 ~ r T- -'-=':-'--- // ~
-==._--0=- -==---=--=-- 0 -. -r ..-- /
--.-.- -- - )1 ~ 1: I -~::~:~:TE
I 'i' Ii) = BASElINE
I ~ I i I
HrAAlNGS AAf rl^,.C;f.O ON NORTIl MU:R1CAN 00\1t)l.l
(NA().) 19611-.'990 I\l)JIJSlLiEtH STAff. ~
~~'NI\I[ SYSTE... (GRID) roo fH)HlIlI\ EAST ........,_.~ ",./---1/---
o 75 150 :!OO "V, 1\ ~..}.C -{ (".._._L.
SKETCH & DESCRIPTION ONLY I RO.CJ:R ~' 'N?l,j.. 1'RO(''';CJON^l Sl"MYO. " U""Fl"
NOT A BOUNDARY SURVEY -------.J flOI?1M :C;IS"IRAU.ON tfR.'lnc.Mf ~t ~)/nl
SCALE: 1"""150' SIt;NING l)Al'[; / --t';'> - /?"j-
- , NO! VAlID WllllOUT lIIf ORIGlNN SIf.NA'IIIUJ ... R^l~fl) umoss.UI ~FAl III
,- fOR: COI.LlER COUNTY GOVERNMENT 80AHD 01 COUNTY c..OMMISSJONFRS ^ n0R10^ ~U;ISllRlD PROfrs.SKlNA! !'-1I1M,'Y'0I'~ ANn MJIJ'f'flf
GOLDEN GATE PAHKWAY IMPROVEMENTS
SKETCH &: I>t;SCRlPTION OF: l' X 4' WIDE UTILITY EASt;MJo:NT
PAHCEL !lOW
COJ.LU;R COUNTY,
JOB NlJMBEI~
01 -OOIJ.1R 7
~,^--,-~-
---------~.,._--- - -'---
I~XHIBIT A EXHIBIT ~
Page -L-of-6.L
LEGAL DESCRIPTION FOR PARCEL SOl B
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COlLIER COUNTY,
FLORIDA BEING MORE PArHlCULARL Y DESCR'BED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26: THENCE N.Ol'09'07"W,
ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF
686.16 FEET;
THENCE LEAVING THE SAID EAST LINE, S.8E;50'5.3'W, A DISTANCE OF 105.42 FEET, TO A
POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL
RECORDS BOOK 953, PAGE 828 OF THE PJBLlC RECORDS OF COLLIER COUNTY, FLORIDA
AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, S86'46'53"W., A DISTANCE Of' 4.01
FEET;
THENCE N.00'.32'OS"E., A DISTANCE OF 4.01 FEET;
THENCE N86'46'53"E,A DISTANCE OF 4.01 FEET, TO THE SAID WEST RIGHT ~OF -WAY;
THENCE ALONG THE SAID WEST RIGHT -OF-WAY, S,OO' 30'.39"W., A DISTANCE OF 4.01 FEET;,
TO THE POINT OF BEGINNING.
CONTAINING 16.00 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
fOil: COLLIER COUNlY GOVF.RNMCNl IjOARO OF COl!NlY COMMISSIONmS
(;OWEN (;ATE PAHK\VAY IMPROV~~MENTS RU~, No 1
SKETCIl & DESCHlPTION O~': l' X 4' WllH; UTILITY EAS~;MENT
30<" NORTI! "o.AO~ I fl:t\EW1 25 20
1'h.(94~Z~~C:L~~~~i~i~~_1 _' ay ,
Lll No.: €l'9.li2
.JOB NUMll[f,
01 001518
INOD NO:
EXIIIlllT A ~~~
rr:~L \\ 1 \\1 rr -" - - .----
-
t
.,il \ '1
\ L I \t! ~
l L3 \ \ I \ \ ~<D ~
- ""-- '" ,~,~"' \' l' ~.
OR 1061-294 \ ~ ~ ~~;~ '
~ - ~
L5 W ~::~ f~
4' X 4' WIDE i r
r
UTIUTY EASEMENT
PARCEL 801C
16 sq 1\
SEE DETAIL ro
"A" ~
I ~. "." ,"1,'"----\' eo "3+06,"
[AST LINE OF mE
NORTHfAST 1/'
PT 112+74.82
LYNTON. HYN~"';3~2~~~g~L TRUSTEES '= !\ I ~-- -1;'~[;Am E ----.. -
I \ 1" t""' j""" , 1- "N" '"
rp!,,[AS1[1"f~_____~;: ~\ I .~. !'lQ1'09'07"_W ~.'>1.s0
OR 06 ..29 _ .' L2 S8W50'5.\"W 1 00 I) \
,"'co 'W'~"' '-1 "I ~\ 1--"--",,,,,. -,60_
OR 790-16':; ~ ~ l4 N04'.I<j'14"W 4 00
\ \:: \ \ \J:i J~N~~'?2'5;>':I:-:L>oo ~
l \~ \ I ~._--~
I . \. 110' WIDE FPl EASEMENT
I OR 185/8"5
-, 1 . .. ... ~_
'''' ,',vu,,""' i~ <OOi.. ~ ~,.~- ",<i.i, tl-~ --' -- - - f" "" ~ .. ~"rn ~ ",,"'. ,". "."
J I i ~I -- m_ ,- -..
.- I -< I
--.-. ~ I
'U ;;{ POINT OF
I' ~ ~ ~I COMMENCEMENT
I a ~ ":1 I EAST 1/4 COR
,.~ I >c,"
- - -/-- I:' : ~ '
I --.---. '" ~ I, /
-< I ~ ..../
,=~ ~- .,- ,"o;~' " U
DR 1332/1004 I ~ r a;
I +
I - en
I -
--' --~----'Ri.jWPER OR loii:jji15i -3-1..___;t _
"- -------.- -----..--.- lO
~ I
428+00 4l'3+DO 430+00 431+00 <4J2+oo 433+ -434+00 4S5+00
- , I 1 - I I -+-
GOLDEN GATE PARKWAY I! SVRVEY I
0 PI 104+51.47
0
- -'OW "'" ~ "'</'"' 1 ~ r i-i -=(~ "'ff
_.. ~~~ ~'--------l
I
I
~ 1 I! = BASEUNE
I I ;:! I I
Uf.^R1NGS AR[ Ilfosro ON MORTlI ^Mf:mr-AN O^TVM
tN.A.O.) 19R8'l990 AI).lUS1UENl SlAff PIAN(
COORDIWlIE SYS.1F::M (GRID) fOR n.ol~lt),\ lASl /7 /)'1:-
lOHr 1]'<"<,, ,'-;' ,.c--_..C ~ "'. - -.j .'
0 7!) 150 30U
SKETCH & DESCRIPTION ONLY L..._ .__.__ _...--.J 1fl/.;tR G ~nll~. PROf"f:.~~~":"'I'" StJf.....rYOR k IIAN'I'1 H
NOT A BOUNDARY SURVEY HOf(1{)A J([(;IS'rJM1)ON CLRllllCAlf tlO. ;'-l()2
SC^u:: J~ .1f)O' :<:'!GN1Nl; O~T1.: - I Z ,. (.; .4..
FOR: COLUU, COUNlY GOVERNMLNT BOARD OF COUN IY COMMISS,ONU<S NOT \lNJ" WfTllOUl THI. U1~~INAL SJGN^IOIl~ Iri lI^'~,ro u.tBossro ~;,rN 01-
,,-. to. n_OI~()A RU:tSIFRE.[) PfWfTS~;IONAl. SUIMYON ^NO ...M'Prrt
GOLlH:N GATE PARKWAY IMPROVEMENTS
SKETCH & DESCHlPTlON m'; 4' X 4' WIDE UTILITY EASEMENT A
PARCEL nOlc 4
COl.J.I~;R COUNTY, 6
,lOB NUMI3E R
D1 0015.111
~.. ....-.-.. -_.~'-
.--'--'-'
EXHIBIT A EXHIBIT L
Page~ 2::2-
LEGAL DESCRIPTION FOR PARCEL 801C
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 2S EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N.Ol'09'.o7"W.,
ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF
534.30 FEET;
THENCE LEAVING THE SAID EAST LINE, S.88'SO'S3"W" A DISTANCE OF 100.93 FEET, TO A
POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL
RECORDS BOOK 9S3, PAGE 828 OF THE PUBLIC RECORDS m- COLLIER COUNTY. FLORIDA
AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, S.8S'22'52"W.. A DISTANCE OF 4,00
FEET;
THENCE N.04"39'14"W., A DISTANCE OF 4.00 FEET;
THENCE N.8S'22'S2"E, A DISTANCE OF 4.00 FEET, TO THE SAID WEST RIGHT -OF-WAY;
THENCE ALONG THE SAID WEST RIGHT -OF -WAY, 4.00 FEET ALONG THE ARC OF A
NON- TANGENTIAL CIRCULAR TO THE LEFT HAVING A RADIUS OF 5791.58 FEET AND BEING
SUBTENDED BY A CHORD WHICH BEARS 5.04'40'28"[,. A DISTANCE OF 4.00 FEET, TO THE
POINT OF BEGINNING.
CONTAINING 16.00 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
I (If<: COLLIE R COUNIY COVrRNM[N!' BOAr'D or COUNfY COMMISSIONERS
GOLDJoN GATE PARKWAY IMPROVEMENTS Rll~~
SKETCH & DESCHlI'TION 0[": l' X l' WIUE UTILITY EASEMENT
i 3030N(l""I~~ I €lta~r;n NO.1
NAPU-:"C;. FI.ORIDA :W1U4
Ph.(94I)M'J.ISOlJ l;llX(~MI)(,49-7. ay 25, 20
LR No.: (,cJ."i2
JOG NUMBfI,
lll.OOlS.18
'I"DLX NO.:
1 i 1':XlllBIT A EX~~~_~\-
_ \ POINT OF page
. \ COMMFNCEMENT GENERAL NOTE
EAST 1/4 COR. Ii! = BASELINE
nJ~ nCCC "- o_n~~mn_ ...
o
~ PI. 104+51.47
_ _____ n'__ - ..
- HOW Pi R OR - ------ ~-~
.._ _ .. =-- _ t S~~~ _ 1 AIPROR;r -PULLlNIG ROAD -4- SECTION 25-49-25
00+601 DOHOI 00 >01 ;l,1 I 00+(01 OO+ZOI 00'101 SECTION 26-49-25
';J HOW PU< O.R BOOK 10~~1. P^GI 1/10"~,
~-,,5 _=-.:~-~~~:c.::.'~ .---::-~-_.. . rv~--:;:=~'::--'':-C=::~B=~~~'=-nLF':'' (
o
o
+ ") \
EA. ST LINE OF THE '1'_...1 ~ :ii I Ii N )
SOUTHEAST 1/4 ~. : '.:tll\ ..J //
~! I ~ II -- -- .
~ L t'5~
0" t"} cr:
() .. '.Jl
~ I ~ \ PROPOSED ADDITION L
\... Vl "g lY I RIGHT -OF - WAY
w '" g- <4>
~ ..:t ./'"
S I::;..----..:...~J ..--
, g:v \ 0 Ii.
-I g ~ I . I
LINE 1N3Ll is'::::' ~ ~I PERPETUAL, NON-EXCLUSIVE
-~L}~~_~El^ illNG __ mi~n!.... ~ ~ II ..J I');/ROAD RIGHT-OF-WAY, DRAINAGE
- -L1 <;00'28'42"W 546.81 Vl t') , I AND UTILITY EASEMENT
-IT- .- ~89: j3'U~'W ..31~30 ~, ~ L141 PARCEL 102A
_._..... -- -.-'" ---- ~ lY ",- 6 262 sq ft
l3 S89' .33'CS"W 2JO.46 0 ': ' ..
---I 4 ..... N79-:-'8'lrw -- 6-:1-:08 - ~ I >- / /
- H__-'=~;= S89-'=:i:fo;;-"w ._ ;'0(;-:-0.0...= ~ ~ I "/~ ~
L6 SOO'26'52"r 8.00 I ~ g ...; rL
=__I.:.L--=. 289'.3IOp";,,~H829'- Z I ~ ~ - 11\ '\ -i.
.._.~ NOO'2S'j9''L 1 LO.Q...._ 0 . W t') 6;1;
L9 N89' .3.3'08"[ 1206 !z I- ::J Vi <0
-.-lI0....:.:._~8TZ:(~Q':[.~..~.i"96-::; \ ~~ ~ ~~
___..L1.1 N89',l3:9.tn. -0~,-~ z ~)- ..J ~g
---2-2.?_ ..1\I..85'4l':'LCl; _/6.!6 ~ ~ III g:~
l:.!.3 .!J~'3J'08"'L .308~ I <5 ~ <(gj
L 14 SOO'2(,'5:!''[ 4.00 00 ... z
_. __. _.._ ___ 0 l6 z
_.L...l.5__ N89' J}:9Jn ....1)g~ ~... \ ~
_L1~ S8TOG~1.9",r~.L_!:?:79 _ ;;i . N . ZO~
, ~
I '" -!' Q
I '~8 I #'
I '" +-
C - ~\= -.-=1 .j~ ..~ ~~~J ....J .-.
11i58::J, V
I In'+':;1 ~
k1 I ;:l z:
t--- .,. ()
,:"".L,. I ~>I~' I.
~~titVl~1-.'..11 I~I ~_~;.31 I
C7. N \ ;:: t' L8 I
C : gj .... ~ (1)
~ : I I~\ gl ~~ I'--/-T J _.- .\
o ~- /
~ I~ i ';1 II ( (
B(ARINCS ME. RASl=:.n ON NORTlI AAlEh'lrN>l DAiUU
{N.....O) 1?K8-t9S10 .olD.I1ISTIA[...,-r Sl....l.- f'LA~F
C{)OI1O!NAH. SYS1T.... (<;Rff)) FOR FLQll1l)A [1\S~
lON' '- --; C \ ---P--
SKETCH & DESCRIPTION ONLY 0 75 150 :lOD '" ~ (;7'~~_. ../ --------'--.
NOT A BOUNDARY SURVEY L-. . .___ I l'lOGER G: rAil . "UOlt$SIflNN. '.ilJIMYOR &; lAN'I'tll
- n.omnA REGi"$"i -liON (:t- ~IIlIC^"fI" "fO 5/01'
SCALE: ."=-ISO' SI(;~ING OATE: ,_ Ii. - 0 j:~.
-, fOR: COLLIER COUNIY GOVERNMENT UOf\I~1) or COUN'IY COt-.4~ISSIONERS ~o:'l~~lle, ~i6~~R~gl.,?~~~~;~::,,~:y~/~~,u~~~~~sm ~'^I OF
GOWEN GATE PARKWAY IMPROVEMENTS
SKETCH & Dt;SCRIPTION 01': PEJ(I'ETlIAL. NON-I':XCLUSIVE JWi\D
HIGIIT-OF-WAY, DRAINACE AND UTJI.I'I'Y EASEMENT
l'AI(CEL 102A
COLLmR COUNTY. t'LORlIJA
.100 NUMBER
01"0015.16
,-----,-_.
.~ ---
EXHiBIT A EXHIBIT .A
Page~ d..3
:
lEGAL DESCRIPTION FOR PARCEL 102A
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE S.00'2B'42"W. ALONG THE EAST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 546.Bl FEET;
THENCE LEAVING THE SAID EAST LINE, S.B9'33'08"W., A DISTANCE OF 310.30 FEET, TO A POINr LYING ON
THE SOUTHERLY RIGHT-OF"WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL
RECORDS BOOK 2194, PAGE 583 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING TO THE
POINT OF BEGINNING;
THENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY, CONTINUE S.89'33'08"W., A DISTANCE OF 250.46
FEET;
THENCE N.79'18'11"W., A DISTANCE OF 62.08 FEET;
THENCE S.89'33'08"W.. A OISfANCE OF 200.00 FEET;
THENCE S.00'26'52"E., A DISTANCE OF 8.00 FEET;
THENCE S.89'33'08'''/I., A DISTANCE OF 348.20 FEET, TO A POINT ON THE WEST LINE OF LAND AS RECORDED
IN OFFICIAL RECORDS BOOI'< 1303, PAGE 1854 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE AlONG THE SAID WEST LINE, NOO'28'39"E.. A DISTANCE OF 11.00 FEET, TO A POINT ON THE
. SOUTHERLY RIGHT-OF-WAY' OF GOLDEN GATE PARKWAY (COUNTY ROAD 8B6), AS RECORDED IN OFFICIAL
RECORDS BOOK 120, PAGE 247 OF THE PUBLIC R[CORDS OF COLLIER COUNTY, FLORIDA;
THENCE 50.00 FEET SOUTHERLY AND PARALLEL TO THE CENTERLINE AND ALONG THE SOUTHERLY
RIGHT -OF -WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886), AS RECORDED IN SAID OFFICIAL RECORDS
BOOK 120, PAGE 247, N.89'33'08"E., A DISTANCE OF 12.06 FEET;
THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY or GOLDEN GATE PARKWAY (COUNTY ROAD 886). AS
RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 831 or THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES;
(1) THENCE S.81'27' 40"E, A DISTANCE OF 9596 FEET;
(2) THENCE 55.00 FEET SOUTHERLY AND PARALLEL TO SAID CENTERLINE, N.B9'33'OB"E., A DISTANCE OF
162.00 FEET;
(3) THENCE N.8S'47'17"E.,'A DISTANCE OF 76.16 fEET, TO THE SOUTHERLY RIGHT-OF-WAY AS RECORDED IN
SAID OFFICiAl RECORDS BOOK 120, PAGE 247;
THENCE 50.00 FEET SOUTHERLY AND PARALLEL TO THE SAID CENTERLINE AND ALONG THE SOUTHERLY
RIGHT -OF -WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD BB6), AS RECORDED IN SAID OFFICIAL I<ECORDS
BOOK 120, PAGE 247, N.89'33'08"L, A DISTANCE OF 308.51 rEET;
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2194, PAGE
583, THE FOLLOWING THREE (3) DESCRIBED COURSES;
(1) THENCE S.00'26'52"E,,: A DISTANCE OF 4.00 rEET;
(2) THENCE 54.00 FEET SOUTHERLY AND PARAllEl TO THE SAID CENTERLINE, N.89'33'08"E, A DISTANCE OF
130.00 rEET;
(3) THENCE 5.82"06'10"[" A DISTANCE OF 75.79 FEET; TO THE POINT OF BEGINNING;
CONTAINING 6,262 SQUARE: FEET, MORE OR lESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
f OR: COLlI~H COUNTY GOVERNMfNl 11ON,O or COUNTY COMMISSI'}NERS
GOLDEN GATE PARKWAY IMPROVEMENTS RW~~
~KETCJl & IJF;SCHlPTJON OF: PERPETUAL, NON-EXCLUSIVE IWAD C~^,TeG Item No, 1 A
RIGHT-OF-WAY, DHAINAGE ANn UTILITY EASEMENT 30'0"'()RTllIKmsc.~)FI)RIW,S '1 ,270 25 20 4
PARCEL 1021\ l'h.(94:;~~~~1(~-r.~~I~~i~~:' (, ay r
COLLIER COUNTY, FLOHlllA I.lJNtI.:6')52 6
J08 Nl!M8Lf< SI'ClION
OI-OOl5.IG 2G .
iNI1IX NO.:
~"\ ,\ \
I . EXHIBIT A EXHIBIT .-d-
'6 Page --L3-of ~
POINT OF' ;.
- CO,,""""'" \ \ \ G""" .on
EAST 1/4 COR. \ \ Ii!. = BASELINE
SEC. 2~__. n___ J ~ \ ___JL__ mm
- -' PC 106+51.49.\ i_\__ n._ __ .__ .
-. .-.- "--j' 0 \
-.-..- --,--
~ PI 104+51.47
~ _" _._.=_.=------\. .__m ____ ._.. ,___..
L1 LS~~~ J _ _ t!R~OB.T-PULllNG ,ROAD
60' 00+901 OOiIiO' ~ OO+io-Ql ~I
00+ ~
'''.C:~~L :;:r~~~~y_:~~\~3l".~'---CC\="\ : J., '
, ... <0 \
; 1-" ~ ~I N
\ . : ~I.I-, PERPETUAL, NON-EXCLUSIVE'---
\ \ ~ ~ g ~ I ROAD RIGHT -OF-WAY, DRAINAGE
. N !: -- 0 AND UTILITY EASEMENT
2; ';' ~ PARCEL 1028 \
I 'L I is\ 1,625 sq. ft.
I Vl 6 L 0' II _ = PROPOSED ADDITIONAl
I W c g RIGHT-Of-WAY
w .
I tn! I !?~-.><~~::-.,
ii? q-' i '\ Ir
I . ~ 0 I 8' I
1 -,0 ; \1 I
- ..__mm --- 3':::' I ~ II ~
,-- lIN( lAAll n:: N I \ I IX
~UN(";'~ -UI:;"RIN<=. _~NCTlI ~ ~ II ~
_--"!_ ."QO'2!L~?.:'!i _.0:u.!: ~ 8 I...J
L2 N89'31'lB"W ~.9~ ~ IY I:,~ \ I ~
=~l-~,. N8-9'31'18'~_ __'_5.00__ o! ~. II ;s
.. ~~~1~;~:~~:; ~~~-. ~ I \~ I .'L /~ ~~
t6 N89"3J'QtJ'"E 4.95 Z 3: J / I lL _
- '--L'7 SOlr28".2'W <416'1 : II~ €_ \'I~_ ~~
~ ~ W ZIX
. Z ~ II ~o
~ t:>8 1.1 -
, I + U
~ j';j Z
~~ > II 6
o '" 0.
-' ~
o
C) ~ _ .... \
- .
~- I I j
:i- II r--
o ~ /
C.....~ --. _.__ = _.. __ ~ ~, I
I 150 1 ~
0" 0 r--
kl I r-_ ~ S
. ..' I ;; \ \
~~- n" +-. \;g Lrr I
T . i ~ ~ \ '
~ I I~ 8' ~'--l''''-'-J)- .-" ..__..._..__._....3
I 6!:-
\ r ~I 1\ ( I
.
R[hRINGS MU BASm ON tlOR1H AUlR\CAN ().I,+UW
~N."",[l) t988-1990 AOJUSIU[toIT ST^TE PlANE
COORl}INAlf. SYS1(t.l (CI?IU) FQq F10Rt(:tA [ASl . ........ (~-x=-'
lONE. fi~../ ........
o 75 150 300 ny. 'K (rl'~' .~. . <" __ ..> _
SKETCH & DESCRIPTION ONLY l 1 ""I".' G. G ".. p."nS>,I(),,^,. 51""""'" " """"'..
NOT A BOUNDARY SURVEY' <too"" "fC I"A""" I:[RIlI''''Af'' '!(l. 5/0'
SCALK 1'~150' SOC"'"" IlATl. I-(? - V ,A\-
NOl ......IJU 'NfltfOl1r THE OfU(JNI\t SIGN^lImr & '~N:"'l) ..""Ilo;.srn ~,..h1 f)f
_ FOR: COLLiER CDUN ry CovERN~rNT SOAK!) OF COUNTY COMMtSSIONEHS " FlORIOA I~H';ISTm[f) v'wnSS'ONAl SUIM.'r'ltR ANI) ""'['I'W
GOLDEN GATf. PAHKWAY IMPROVEMENTS
SI<ETCII & !)~;SCRIPTION or: PERPETUAL, NON-EXCLUSIVE ){QAj)
RlGIlT-O~'-WAY, DRAINAGE AND: UTILITY EASEMENT
I'AHCEl. l021l
COLl.IER COUNTY. FLORJIJ^
JOlJ NUI.\f3Li1
01-0015.1(,
____u_.___.~.,___..__~~.
EXHIBIT A EXHIBIT -..d-
Page---L:Lof ~
LEGAl DESCRIPTION fOR PARCEL 102B
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE S.00'28'42"W ALONG THE EAST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 533.27 FEET;
THENCE LEAVING THE SAID' EAST LINE, N.89'31 '18"W., A DISTANCE OF 50.00 FEET, TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN OFFICIAL RECORDS
BOOK 120, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT or
BEGINNING '
THENCE LEAVING THE SAID WESTERLY RIGHT-OF-WAY, CONTINUE N89"31'18"W., A DISTANCE or 15.00 FEEl;
THENCE 65.00 FEET WESTERLY AND PARALLEL TO THE SAID EAST LINE, N.00'28'42"E., A DISTANCE or 40.00
FEET;
THENCE N.34'31'18"W, A DISTANCE OF 54.82 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF
GOLDEN GATE PARKWAY (COUNTY ROAD 886), AS RECORDED IN OFFICIAL RECORDS BOOK 2194, PAGE 583 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID SOUTHERLY RIGHT -OF -WAY, THE FOLLOWING TWO (2) DESCRIBED COURSES;
(1) THENCE N.89' 33'08"E., A DISTANCE OF 495 FEET;
(2) THENCE EASTERLY AND SOUTHEASTERLY 64.80 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE
TO THE RIGHT HAVING A RADIUS OF 40.83 FEET THROUGH A CENTRAL ANGLE OF 90'55'35" AND BEING
SUBTENDED BY A CHORD WHICH BEARS S.44'59'05'[, A DISTANCE OF 58.21 FEET, TO THE SAID WESTERLY
RIGHT -OF -WAY;
THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY, S.00'28'42"W.. A DISTANCE OF 44.16 FEET, fO THE
POINT OF BEGINNING;
CONTAINING 1,625 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
rOR: COlliER COUNIY GOVrRNMI.~j I 80^RD OF COUN1Y COMMISSIONU<S
GOLDEN GATE PA!{KWAY IMPROVEMENTS R'~\a Item No, 1
SKETCH & DESCRIPTION (W: PERPI';TUAL, NON-EXCLUS[V~ ROAD
HlGHT-OF-WAY. DRAINAGE AND' UTIl.ITY EASEM!,;NT '0'0 NORn"loRsFS~ORIVE.S'.P27" 25 2
I'ARO:I. I02U ~_(Q4~~~~~:~i;I~~li~~13)~~~.7 ay ,
COI.L1ER CUUNTY, FLOIWM LU NtI.: ft'I'i2
JOB NUMBEf<
01-0015.16 ~
I
I INDEX NO.:
EXHIDIT A page~
\ 'f \ +, \ '
-- - N'(TONi' OfTflE SOUTfl-HAlF-'SECrION-i6-::49::251,-\ ,- " \~i\\ ,. l --~ Nh UNEOr-THE SOUTII HAlr SECTION 25-49-25
_' d ~ t~ ~ \---- - - _n
-. _J \1 b ~~ ~\ \ \
u ;g ,~ POINT OF
)'lll~ ~E ~I.l 'COMMENCEMENf
II;/' l~~'l I I EAST1j4COR.
/ ii I,: l~~:! SEe. 26
_____ __~___ ..--'- ~ ~ €j g HALS1ATT PARTNERSttlP
--- -- -. _ _ -.-- I \'" \!! STRAP NO. 492525 QQl.Q004A25 ../
~ OR 1428/1348 /..
':! \\,1_ .'
LYNTON, HYNDRY & SPROUL TRUSTEES I g I EAST UN!': OF THE , 0<:>1,.1 \ // ..,~.<1'
OR 1J~2/1004 I ~ i SOUTHEAST 1/4 ,', r /-
o 9~ .'
J - I' 1~1 .-/ .",<1' ,
_- ~ /" III \\v'-{ ,. ~ ~:......
_=--==~-~0.W p[korn061/1157 / ~I _~l ~ _ __.____- __//.",,<1' ,,"O'\~~~I;{~://
~ I ~lJ"/ 1ji:' r ,,<j:-/
~HOO 429+00 430+00 43\+00 4.).2+00 43J+~J4+00 ,~~ t.6i(..,.....:nU...j.;.
1 I I-I I I ,/~~~
GOLDEN GATE PARKWAY \! SURVEY ~ - /:::/::\1 v);'?/
8 I - ,.----:..- \'-J/ t
_ __ _ROW_P~R OR JI91/58J_~ ~ i -r:-=---..'--- -::/~
1 I I ----- ---. J
I '0 I I
L' 0 l I - I GENERAL NOTE ~ '
I ~. - ~ = BASELINE ~
4' X 4' WIDE 'ci ~
UTILITY EASEMENT I - I' '+ I ~l
PARCEL 802A L6 ~ /--~
~ 16 sq. It. LZ ~ I 11 r." ,
~ SEE.. D,~TAIL --1 I w ~~. I~
) A "l3 I! ....~,:7
o '
POINC'ANNA PRQFFESSIONAL PARK I~,'; I! 'J
OR 1303/1854 II~ ~ \ ~} I I ~
- I 1;8 ~ '
---- --- ._\ r --~,~; NAPI~~1 I ~ ~ 1 ~ I
WAT[R UT'lllY ~St,.n~.1 ~~ I
)) OR 1566/462 \ ~ ~ 8 I
~ I~O g t I _____.___ ___ ______m
/1 - ~ I! --t ft:Jf~I~Nii[l~f~(~-- -~I CN(~ n 1
/ __ _ 11 _;~9_0.?~t1!(W Ob 4;1
.__-.1/ ',I I __I? _!:"Ji.9~~r1B"W =~~4 6~
_.n. I~:::::J U ~o04';I~'O"'W ~ 01
~ I I I ~. L~_ m _~-8~:31'-I~':W- =_-=~ 01
,~ L~) NO~'L4'01"l 4 01
:Jj -- - ----
"'~ 16 SU()'Sl'\C'" ~O\
9 ~ (") I I tl, 1'1
~{; '::! I :;! ,
Iw ~~ I +
DETAIL "An 8 ~ ~ I
1_- --- -\ ^ i 1.. I
I;..~ 'f 'f I
I ~; ~ ~ i I
r L6 r- t~1 I I
IH_>4 W J '. I
26 25
+- -r-;,I 82+8181
(lEAAINGS ARE BASED ON NORIH NA:RlCAN Dl\TUIo4 ~
(M.AO.) 1966.1990 I\lMUSUoIr.rH SlArr PlM'E
ig:;~INAlf SYST(" (GRID) fOR flORtOA EASl K /'j ~- '- ,.
o 75 150 . "J.; ,
SKETCH & DESCRIPTION ONLY 300 lJY. 1 Oli "<../C c~_ -.
NOT A BOUNDARY SURVEY L , .o(;tl! G CARl . I'ROn:SS'ON^l SU'M'"'' k """"'ll1
flOlrn,^ IUGI:':,l"l\ll(}N cmnnCA,. Tt N!I. ::;.'0)
SCALE: 1"""150' SIGNlUG()ATF: !-tZ.0..!-\--
,....-. fOR: COLliER COUN'IY GOV[HNMENT BOARD or COUNTY COMMISSIONERS ':';I;;'~~ rii~~;.~~~r"z{~~~~'J~~l::'~~.':;/~~1)u~~,.~~~c;stn ~f\I ur
GOLDEN GATE PARKWAY IMPROVEMENTS D~.~TM'
SKETCH & llESCRlPTION OF: -\'. X 4' WIDI~ UTlLlTY EASEMENT .l~N'''.'.IJ.,
PARC~:L B02A :WSONOR"" ~.~SO,) ".~. ~JJ1 No. 1
COil WI( COUNTY NAI'IES.FI.ORJ[,^'4104 ay 25 20
" , I Ph.(941)MY-1.S{)l} b!l{Q41}b4l'- - ,
LONo.:t>IJ-"1
.JOR NUMBER
01..0015.18
."~,..- .,--
-~-~ ~-.~'--
EXIllUIT A EXHIBIT ~
PDge~~
LEGAL DESCRIPTION FOR PARCEL 802A
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE SOO'28'42"W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1 / 4 OF SAID SECTION 2 6, A DISTANCE OF
726.42 FEET;
THENCE LEAVING THE SAID EAST LINE, N,89'31'18"W., A DISTANCE OF 54.04 FEET, TO
POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL
RECORDS BOOK 1 031, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND BEING THE POINT OF BEGINNING;
THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.04'24'Ol 'W, A DISTANCE OF 4.01
FEET;
THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N,89'31'18"W., A DISTANCE OF 4.01
FEET;
THENCE N.04'24'Ol"E., A DISTANCE OF 4.01 FEET;
THENCE S.89'31'18"E., A DISTANCE OF 4.01 FEET, TO THE SAID WEST RIGHT -OF -WAY, AND
THE POINT OF BEGINNING.
CONTAINING 16.00 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
101<: COIlJER COUN1Y GOV' I<NMrNT ('<lARD 01 COUNTY CO""MI~~IVNI re
GOLDI,N GATE PARKWAY IMPJWVEMENTS RlX~~ N 1 A
SKE.l'CH & DESCRIPTION OF; l' X 4' IV WE UTILITY EASEMENT
"^~ a Item o.
JO~ON(JRnll-lOH.SI~ tiUR.IVE.:;;~2?O 25 20 4
Ph.{94~~~~;:'~~;'~:11~1)}~~O:_1. ay ,
I.BN<I.:b'J:C;2 6
.JOEl NUMfJF:R I)I<^WN lIY r It l~ NAMI .;.IIlTI
01-0015.18 m.:c Ol-.(}(ll'1:";i<KO:>^ :; 01
INDl.X NO.:
EXH 113 IT A Page J.:Lof.....B..L
I '1\ ~ I I I
- --- -C:P~'N" -0 THESOU1H-HAlr--S"ECTlON. i6"::'49-"::i5--I-- -~ --' \--.- __._.l\ .t.ny 'LINE-OF THE" -SOiJTH-~IALf 'SECTIOj.,j-25-o19-=-is
NlY Ll t. F II 0 I I ______.____. ___ _ _H______.+._ ......_
,~ I .~l ~ ~ ,.
j I ~ I~ \\ ' I
--- \Ii'l 1~ ~l \
~- ~~ ~ POINT OF
I ~ i ~ ~II COMMENCEMENT
Ii, )0 ~II I I EAST 1(4 COR .--
I! i~ ::u !:,'\ SEC. 26
__. I~T> ,m 0 'li
- - ,- -- - ---.- -...... --'- il'.lll ~ '" lfii; ".1 I IIALSTATf PARTNE.RSHiP . .' ..
- 'I ~. STRAP NO. 492525 OOl.OOOo1A25
~. ~ OR 1426!1.}48 ,,1 ___
-< 2: ~ b.1" ' ./ // ~J~:>c{j)
LYNTON. HYNDRY &. SPROUL TRUSTEES J' ~ I 1 ~ I ,.0" ' /' ,
OR n32/1~ II 8 1 I 0 \'~\' //<:f>
II - I I '; ",1"\ /' ,..;,' ~
" /~. .
L - ~ , // <:f> \)\'>/.,
- ~ I ./>.! l / ,,1' "tj\ /i' / /
-. - ~._._------ 0 _ '" \):. /~).l....... ,-
,__...___~=-::-._Row'i;lH ?~206~!.!.?.!-_r-l L~.Lu Jj-~-, -- ----- ,if> .\.,,-i~~r1"l'.l;./ /
~ I, -.~b. "1\0' /6\S ~D //
5+00 429+00 430+00 431+00 4032+00 "3;)+ 4J4+00 435+00 '<;J _-t.~~'I~lf;/ ,-
I I I - 1 ,././ <.\-l/
GOLDEN GATE PARKWAY !J SURVEY // ./"1'.." '<7
o I ~--- \,. ./" l
-ROW PER OR <l94/~83. '" :: t '---F----" _ --'~--'-- /- ~~_/
--... - ~'-----.--'--l"';?~:::; ---- - /
I ---- ~
I ~ 0 I :2 I ~ENERAl NOTE \(. .
L. " ~ 1 ~ \! ~ BASELINE ~
"," 0
g~1 tl,i,
, POINCIANNA PROFFESSIONAL PARK I.~ I ':; ~c.c-I.-,~
::::-....... OR T303/1854 I~: ~~ . w!.' ",
~ I' ~ W .....l"'~. . ,
~ ~ ~ EAST LINE OV THE ", _ "
) I ~. 'I I SOUTHEAST 1/4 '.,
4' X 4' WIDE .; ,'-)
UTILrTY EASEMENT b _.1 I ~
PARCEL 8028 L6 ~'
16 sq. It. AJ I
_ SEE DETAIL ~ I
"A" ~
L4 ~
" I
--------TI -- ~
t I
)11 0' .
/ ~ ' 1 I -.. ------_.. -.-.-,
>- UN!' IMlLr
II P I IINI-- --(li:/irIING "I~ILNI.III-
~ I _ L1 __ _~no'2!H;z"w _8.Gl;~"
.__ ....J!) I I __ l / _ _N89'Jl :!8~:.W ~2 on
.. -- .-. AJ =:J U ,,00"28 ~;,> w ~ 00
. ~ I '-l1 u-NB9'J-l'le"l'! --"-Do
;~ I I I _LS---l-i007R'4:J"L ~~!Jl)_
" l(l g L6 Sscnl'ls"r ~ 00
o 0 n l I
/: ~I~ I ,
DETAIL "A" ~.< f r I +
1___.. ~'" I
I~ ~ ~ .
"'-.! , I
o 1'.l"J1 .
I L6 'J! '" '" I
. .- .f~ ~'
(J1 C; I'~ I
" '
I L4 I
L J 1"1,, _I
"tz~82+81.81
9fo\R1NCS NU fiA..<;[O ON ""OH"TH AM[RICAN MIUM
(""-D,) l~a8-1990 NlJUSlUr.NT sr....r[ r~l^N[ ..
COORI)fNMl SYSTEM (GRtfl) FOR FlORll)A [AST -"'. '. (......-,~ . -tr-
ZONE /' _,' .....\".
. 75 I Sf) 30U "". A; c~-. (./\ . ,~__---.
SKETCH & DESCRIPTION ONLY .&om G.. HR. ''''/,n''...,^,. SIJIMYOOl .. ""'.",,,
NOT A BOUNDARY SURVEY ._._~,---! HOJtIO^ Rfl; T~MtflN CUUf'ICAH. NO. ~JO]
SCALE: )".:]f>O" SlGNlN(;. !)AIL J -/2 - l) ..i"\.
- rOR: COLI.lER COUN'IY COVERNMCNl HOARD or COUN1Y COMMISSIONlRS ~o.\ ~~I~ ~~~II~~;R:~f\~~~~~N~~~~:_"~lt:-;~J)j,,(~~I~lf~;~f.U :~r^1 1)1
GOLDEN GATE PARKWAY IMPROVEMENTS R~~~~'
SKETCH &. DESCRIPTION lW: l' X l' WIDE UTILITY EASEMENT <:..:'w n"':e~a Item No.1 A
PARCEL 002D ]O~O Non~~~~~~~~~~~R:h~l\t~~sUlfVf~y 25, 2 04
COLUER COUNTY. rh.(941)649~~i~o.~";'~Jr-I)Mq. 26
JOB NUMBFR
!)1 0015.18
:'ON X-'(INI
,. .JO f. 11'<;100-10
Lnll~; 1J38~nN Bor
z:~tI9 :.I"N in
9S0L+(,P9 (I w.) Il::f hO~-I-U9 (11)6) -'Id VOnIO'1.1 . A.LNflO:) H:~1110:)
t1tIIH VOl)n)"l.:J 'S':nJVN
Ott~LlInS'::,^IHU 3011S:IS}tOllllUlON f)~n{ 112GB 13JHVd
~ntl J,N3W3SV3 AJ,I1Ufl :~([fM ,v X ,~ :.W NOI.LdIllJS30 7!/ IlJJ.:~)!S
SJ.N:U'l:~^OUdi'lJ AV,OlUVd :UV:> N:;J010:>
SIJJN{)ISS,Y,,,O::J AJNnO::J 30 mW08 IWI"N,n^O::J AINnO:J 1J3,rKi:J :<103
^3^~flS A~vaNn08 V ION
AlNO NOlldl~JS30 7iI HJ13>tS
'SS31 ~O 3C10V'l '133::1 3~\fnOS 00'91 8NINI\f1NOJ
'8NINNI~38 .:i0 INIOd 3H1 8NI38
ONV )VM-jO-1H~ICI IS3M OIVS 3H1 01 '133.:i OO'V .:i0 3:JN\f1SIO \f "3..9I,I~.69'S JJN3H1
:13J.:i 00'17 .:i0 3JN\flSI0 V '3..Z17,9Z.00'N 3:JN3H1
:133J OOv .:i0 DNV1SIO V 'M,,91, 1~.69'N 'WM- .:i0-1H81C1 1S3M OIVS 3Hl ~NINlf31 3JN3Hl
:133.:i
0017 .:i0 JJN\flSIO \f 'M..Zv,82:.00S 'A\fM- .:IO-IH81C1 1S3M OI\fS JH1 8N01\f 3JN3H1
:8NINN1838 .:i0 1NIOd 3H1 8NI38 ON\f
VOIClOl_i ',uNnOJ CJ31ll0J .:i0 SOClOJ3C1 :J1l8nd 3H1 .:iO 0 I L I 38Vd 'I ~O I >i008 SOClO:J3C1
lIV:JI.:J.:iO NI 030ClO:J3Cl S\f O\fOCl 8NIllnd HlOddi\f .:10 AVM- .:i0-lH8ICl 1S3M 3H1 NO 1NIOd
V 01 '133.:i 002:9 _iO 3JNV1SI0 V "M..9 1,1~.69'N '3NIl 1SV3 OIVS 3H1 ~NI^\f31 3:JN3H1
:133.:1 617'999
.:10 3JN\l1S10 \I '9Z NOID3S OI\lS .:10 17/1 1S\l3HlnOS 3H1 .:10 JNI1 1S\l3 3H1 8N01\l
"M..Z17,8.Z.00'S 3JN3H1 :9Z NOID3S OI\lS .:10 Cl3NClO:J v/I 1SV3 3H1 1\1 JJN3V'lV'lOJ
SM0110.:l S\f 0381~JS30 A1ClVln:JIWVd 3ClOV'l 8NI38 \lOI~Ol.:l
''uNnOJ C131ll0J '1S\l3 c;Z 38NlfCl 'HinOS 617 dlHSNM01 '92: NOID3S .:10 H:l\Id 8NI38
8Z09 13:JCI\ld C10.:l NOI1dICl:JS30 1\1831
Agenda Item No. 10
~JO ~I e6Gd May 25, 20
Page 21 of
-v.1.1 IHX3 v J,lf!IHX~I
EXIllHlT
_m~1 "nO""M 'W'''-'''-~'''"'''c''-'''1\\ i ~~ - '1-- ,.., ~"""':":'"
i ;g ^'\ I
_ --j ll~ 1~ '] I
-c ~ I
< 'U ,1; POINT OF
II ~ F :11 COMMENCEMENT
155 . ~ :11 I EAST 1/4 COR.
t: :u ,:;. I SEC. 26
__--- <:: rEf) 5:? ~~ I
-------- I ~ (J) 0 I I HALS1ATT PARTNERSHIP. -
jj I STRAP NO. 492525 OQl.OOQ4A25 .~./~
< I OR 1426/IJ48 . /'
~ 0':1. i'l ,..1",," /// :,>~,<:P
LYNTON. HYNDRY & SPROUL TRUSTEES c.t I ~ --J. 'J~()'':> // ...
OR 1332/1004 I 1'l t 0 ~'i..<!- // <:P
Y - 1 I '[' ",I'" ./,/ ,..p' ~{/
-; ~ ./" \)\,\,~..~"",/
~ ______~ ~1Jrcf> d--!\'''''' /" _./
_____~______ ___ 0 __.. ,)::l _-.t.)..- ...--....
____ _C"'" om~, ".</, "'_ _~~ _,., _1:._ -- --- ~ ._"A0t';; /-
~ I ..~6~, ,>;\O./b'5:' I\)-Y
3+00 429+00 4)()+OO .31+00 -iJ2+00 4.B+OC <43Hoo 4)~+OO \(,'),/"rSfj./ '1\}!~"-
I I I - I .\ /'//,~y./
GOLDEN GATE PARKWAY Q SURVEY . ,.,/ / l" ~/
g i _______-:_ '\~ /' .
- -ROW PER 01< 21<H/S83.=~ S T ......F.-.---. .=' _n / ,/ I
--_..- ._~-..- - ---1 ~ I 1------=---- //// ,I)
I 0 I I J! I ~ENERAL NOTE ,~r. ....~...
';' 1 I ~ Q = BASELINE
I J~ ~ I t I ~
~ I lft _J ~
~ ~ I'~ I; I W{N~I-l~'
--....:::: )OINCIANNA PROFFESSIONAL PAR" 11.".l I EAST UNE Of THE '~. .))
OR 1303/1654 II g . I SOUTHEAST 1/4 I.
I~ r:: .\
'l ~ ~ ~ I ~
I 0 "I I
CIlY o~ NAPLCS ~ ~ r~~ I i
- WA It R \JTIl1Tf ESMT ---- -- I;~ ." I
011 1566/462 -n....:::;: I 01 I
4'X4'WIDE ~J~ co I
-- -. ---~UTllI1Y EASEMENT I ( e :3 I
II PARCEL 802C L6 L U
)~ SE~6 o;h~IL~, ~ L.2g k.: I
"A" + lJ
L4 lUg: i', I
___ r<1 ...._. ______._.__ __._
1/ I ~I II r :~.~l.~.N. ..~.r_-..~.TrL. I.N,~r.A.rE;~..'.(.'.',: . -ij'. ~5;,III__
I LLl_ . :;9J[.2_~:_11",^, 101l(;.~)()
II I I ;;> . _ Na~'.3,Qa'''w _r,?1I0
. -=_ -=:'J I. U :jO()':!B"I/"W 1 011
I = --L4- --- 'N{;Z;:-,-l~lH';\'" ;\ 011
L 'I I t---", . .~"QQ-~ii.;?''''' ""_
S! ~:;: ~"I (i S!l9'31'W"1 1.00
i~ ~l~ I I ~
I.DETAI~6 . A' I I~ ~Ii II :-
,- 0 I
~ ~ ~ I
l L4 I g,
';: I
- -- "26 25 I --r-- ,..
~I I PI 82+81.81
H(M~WGS ^R[ 8A5EO ON I-K)fHH MtrRICJl.H l)ATUM --
(NAC.) 19M-I990 AOJtlsnwtOH SMTf: PiANf.
~~~~NI\n: SYS1[1r.! (GHIil) FOR F"lOfll\~ FI\ST ..-r:--'> . --, ~---(i-.-
75 I~)O :1011 (JY:K,('(.\i...........(_<.:.---~-_..'---.
SKETCH & DESCRIPTION ONLY ROGeR G. .lJ.rH;~R. I'HOll ~;~IONAt s\nl\1"Yr}ll k l.WTJ:l~
NOT A BOUNDARY SURVEY . _u__._.__l flOI-llIlJ\ IU(;I$lUAfION CH~~lflr.Al[ Nll ~,IUI
SCALE: 1~~l~)O' SJGNINGOf.lf: t -rl l-_.~A
_. . _. NOl VIIJ 10 Wllltour Illl: ORIGIWll. <;If;,,,^ll.'I~'- '" "',\15tH tr.lll()~SIU Sf'" m
fOR: COllIER COUNIY GOVfRNl.AENf BOARI) Of COUNTY COMMI$S10NER:" A. rtOOIDA RrCISTfRrn f"lm:t:~;::;If)NI\l. SlIIM-"mR ^Nl) MN'I'IR
GOWgN GATE PAHKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: 4' X l' WIDE UTILITY gASEMENT
PAHCEL ooze
COLLIER COUNTY, FLORIIJA
JOB NUMB,R
01-0015.18
---" ,---'" ~---,... .-- -_.. ----
EXllIBlT ^ EXHIBIT ~
Page~
lEGAL DESCRIPTION FOR PARCEL 802C
BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRiBED AS FOllOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE SOO'28'42"W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF
1 006.50 FEET;
THENCE LEAVING THE SAID EAST LINE. N.89'31'18"W., A DISTANCE OF 6200 FEET, TO A
POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL
RECORDS BOOK 1031, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND BEING THE POINT OF BEGINNING;
THENCE ALONG THE SAID WEST RIGHT -OF -WAY, SOO'28' 42"W, A DISTANCE OF 400
FEET;
THENCE LEAVING THE SAID WEST RIGHT -OF-WAY, N.89'31 '18''W, A DISTANCE OF 4.00 FEO;
THENCE N.00'28'42"E, A DISTANCE OF 4.00 FEET;
THENCE S.89'31'18"E., A DISTANCE OF 4.00 FEET, TO THE SAID WEST RIGHT -OF -WAY ^ND
BEING THE POINT OF BEGINNING
CONTAINING 15.00 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOil COl.lIER COUN1Y GOVERNMlNI I!OMlfJ OF COUNTY COMMlSSIONrRS
GOLDEN GATE PARKWAY IMPHOVEMENTS It'~\a Item NO.1
SKf:rCH &: DEscmPTION 01": l' X 4' WID)'; UTIIJTY EASEMENT
PARCEL n02C JOSO NO"T11110RSES~"RIVF.,St 1 '2711 25 20
rh.{~~~~~O:I.~;~~I~~I~~~:' ay ,
La Nu.: {'9~2
JOB NUMBER
01..00\5.18 .'
INDEX NO.:
- -.
EXHIBIT A LINE TABLE
LINE BEARING lENGTH
11 NS9'34'3S" 143.16
L2 511'49'25"E 52.14
- __NOn: l3 N76"Jl'52"E 509.52
fP.\.-n~f"OW[Jt.uc:wr H.tr4SJAn PMT~ L4 N89'34' 38" 1964.25
." ........ 0lIt '428/1;"'8 ~
LS 500'2S'22"E 116.S0
PERPETUAl. NON-EXCLUSM: L6 SB9'"29'5'''W 124.3.60
ROAD ~'tJr;..%,-~b.o~ L7 S61'S5'S1"W 29-1.16
PARCEl 1 04A LS NOO'28' 42"[ 107.3S
300,111 .... ft.
-
- COL.P[M !;AlT PMKWAY . .;;;;n- (Ilt714,.,..~f'(ROfI..~n1~
... 1'I'~I/5j\j(_l$liff i ~-
- - 1~~":::- - 1
1 -
~.."." ,
, I
~~S GMY~. K.. ________________~___________'
'------~., OR 25Q1/12UI /'
I
I I
, I
, I I ~ GRC1 D*S, lHC.
nucr A I 0II:~1/121"
PN>tIHEaS GMY ewes. tIC. I
OR l:50t/121ti , I I
I I
I I
1 I
I I
" , I I
11IIIII: . f'IlIIIPOSlD JIlDrtDW. *"CI-OI-WlW' '~i I
QJRVE TABLE W E
CURVE lENGT11 RADIUS DELTA ca .~
Cl 88.94 5679.56 o's-:roo" 501 "51'24"E 88.94
u IO.O'lt.'5l:lCW1 C2 -429. S9 3909:;2 6.11'4.... N8T21'17"W 429.37 r
""1Q.34I"'" 400:26'
Il C3 404.15 8""0.00 27'.3"'00" 57S'42'5'"W
. ' C4 ~57. \3 33~.~?:. 26'30'12" S7S'O'SrW 155.79 ~
".
II C5 195.1.'i 58/9.58 "54'06" N . l'"W 19514
...
I I ~
.. .. I
.. .. .'
LEGAl DESCRIPTION FOR PARCEL 104A
BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNT'(, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE N.89'.34'.3B"E. ALONG THE NORTH LINE
OF THE SOUTH 1/2 OF SAID SECTION 25, A DISTANCE OF 14.3.16 FEET, TO A POINT ON THE EASTERLY LINE
- OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1879 OF THE PUBLIC RECORDS OF COLLIER
COUNT'(, FLORIDA;
THENCE SOUTHERLY ALONG THE SAID EASTERLY LINE OF lAND, 88.94 FEET ALONG THE ARC OF A
NON-TANGENTiAL CIRCULAR CURVE THE RIGHT HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAL
ANGLE OF 00'52'00" AND BEING SUBTENDED 8Y A CHORD WHICH BEARS S.01"51'24"(.. A DISTANCE OF 88.94
FEET, TO THE POINT OF BEGINNING;
THENCE LEAVING THE SAIO EASTERLY LINE OF lAND, S.11'49'25"[., A DISTANCE OF 52.14 FEET;
THENCE N.76'.31'52"E.. A DISTANCE OF 509.52 FEET. TO A POINT ON THE SOUTHERLY LINE OF 110.00 FOOT
WIDE FPL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 OF COLLIER COUNT'(.
FLORIDA;
THENCE ALONG THE SAID SOUTHERLY LINE. N.89'34'38"E., A DISTANCE OF 1964,25 FEET;
THENCE LEAVING THE SAID SOUTHERLY LINE, S.00'25'22"C A DISTANCE OF 116.50 FEET. TO A POINT 40.00
FEET NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY OF GOLOEN GATE PARKWAY (COUNT'( ROAD 886) AS
RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE 40.00 FEET NORTHERLY AND PARALLEL OF THE SAID NORTHERLY RIGHT-OF-WAY. RUN WESTERLY THE
FOLLOWING FOUR (4) DESCRIBED COURSES;
()) THENCE WESTERLY 429.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 3909.72 FEET THROUGH A CENTRAL ANGLE OF 06'17'44" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.8T21'17"W., A DISTANCE OF 429.37 FEET;
(2) THENCE S.89'29'51"W., A DISTANCE OF 1243.60 FEET;
(3) THENCE SOUTHWESTERLY 404.15 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 840.00 FEET THROUGH A CENTRAL ANGLE OF 27"34'00" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.75'42'51 "W., A DISTANCE 400.26 FEET;
(4) THENCE S,61'55'51"W.. A DISTANCE OF 294.16 FEET;
(5) THENCE SOUTHWESTERLY 157.19 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT
HAVING A RADIUS OF 339.82 FEET THROUGH A CENTRAL ANGLE OF 26'30'12" AND BEING SUBTENOED BY A
CHORD WHICH BEARS S.75'10'57"W. A DISTANCE 155.79 FEET, TO A POINT ON THE SAID EASTERLY LINE OF
LAND;
THENCE ALONG THE SAID EASTERLY liNE OF LAND, THE FOLLOWING TWO (2) DESCRIBED COURSES;
(1) THENCE N.OO'28'42"E.. A DISTANCE OF 107.35 FEET;
(2) THENCE NORTHERLY 195.15 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAL ANGLE OF 01'54'06" AND BEING SUBTENDED BY A
CHORD WHICH BEARS N.00'28'21"W., A DISTANCE 195.14 FEET, TO THE POlNT OF BEGINNING;
CONTAINING 300,719 SQUARE FEET, MORE OR LESS.
CONTAINING 6.90 ACRES, MORE OR LESS.
Of.ARING$ ARE 8ASrD ON NORTH AMERICAN OolfUI.I
(N.A.Q,) 19&-1990 M)JUSTt.l[Nl SlA.TE PlANl /? - (.}. =b
COORDINATE SYST[U (GRID) rQR flORIDA EAST 0 200
ZONE 400 000 BY, J<. Gl1(\."\.- \.. 't.-- 0-
SKETCH & DESCRIPTION ONLY I 1 ,..OG~ c:. ~R: PRO. ~SSl()to!.-.: SU~:YOR &: MAPPrR
NOT A BOUNDARY SURVEY SCALF.: 100' r~o.'llOA ~.[ClSIR),nON ~G~'Z""I:': NO~70:t
s....;NlNG C<lt.T[: ~. ~ ~
- FOR: COLLIER COUNTY GOVERNMENT BOARD Of COUN1Y COMMISSIONERS NOT VAlID WITHOUT !H[ C'-UClHAl IC~" F: &: ,~s.~O f"ueo.;.sEO S(N,. or
.. rt.ORIOA R[C1ST[Rt.~ P!Wr~tONAl,l'IT'if'r'r.R A:ID J,WJP('t
GOWEN GATE PAHKWAY IMPROVEMENTS RlIu, N 1
SKETCH & DESCRIPTION OF, PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT ... ?c It~m o.
PARCEL J04A 30SU NORllt HOltS S IV U~ 0
NAPLES. FLORIDA 34104
COLLIER COUNTY, FLORIDA Ph.{9")649-ISOII fu(94I)649-JO ay 25, 2
(.fl No.: 69:52
JOB NUMBER SECTION FILE NAME
01-001520 25 01-OOI5SK 1 04A
INDEX NO.: "\l_ ....;octo IIl:I\OHlOl"'.....\_........ I ~ 3-10-o.ryl"""""~-.....--~-__4_1ll--63\I'l..._ 1oO:I: ~ It-n-~_ 'lln", )-n---ft'I\D1-OO'S$Klo--~.... )/U~ '~P1I m
.--"" "-~--",---.- -,,--~.
~XL ---'-- _..~---~.- ---- .---
CURVE TAOLE
CURvt 1.~.(NG1H- RADlIJS - U[LTA~13 ~D
C1 . 78S.40 3-769~~i _11-56-"14"__ N8~.28JrW 783.98
C2 RlO.4 7 J8fiY. Il 1.2."00.00.' I NJ:i4'JO.Og.W B08_ 99
C3 818.85 3909.72 lrOO'OO~ 584.jU'Q9.[ 817..15
PERPETUAL. NQN-D<CLUSIVE C4 777.07 3729.72 -li~;~l--';::- S84"28'lTE:-' - 775.66
ROAD RIGHT-Of-WAY. ORAIN.t.GE
!\NO U11L1TY EASEMENT
PARCU 1048
"1.435 Iq. fl. CCNERAl NOTE ~.~--
" - BASELINE
--- HALSTATT PARIENERSHIP ~-'.- - --
OR '428 1348 NOR1HERL Y liNE OF SOUl>! HALF OF SECTION 25-49-25
___.._ L8 C3 PROPOSED RIG OF WAY~>!ALS1ATT PARTENERS>!IP
iiiw Pf.R 2QG"/IIE.:.. _ _ _ _ _ _ _ _ P8 33/59
~,.~ ~~uAU-.~ ..-~ .__.. ~_. L:..",- _ C4 LID
PANTH(RS CREY OAKS, INC. I - ~ - - -
-, ,9" 2501/1216 ---- ...' ~ ~ ~ PR - - -
: f PANTHER GREY OAKS. INC. Ie
' / OR 2501/1216
, '
I " PANTHER GREY OAl(S. I '1
I / OR 2501/1216
~ ,
.....-......'/1 _ PROPOSED ADOJTIONAL RICHT-OF-WAy'
// .. liNE TABLE "-'-. I I
, LINE R[^RINC l[Ncn I I
" -U- $89=-,;'1'38"W 93t,68
, L2 $00'.2'7'1.\"[ 352.25
I
I 1.3 S9Q'22'I3"[ 40.00
, I
I , tv 14 S89:33'36"W 212. 12
15 N7S.30'09"W 354:38
-T Q 15 S89-Z9'SlMW 80B.4-1
L7 NOO'30'09;'W- - 40,00 ~ I
r 18 .NBY~29'51ME -'006.<14
19 578'30'09"[ '334.38-
~ UD N89'jj':\6'r ii.il"7- I
~
LEGAl DESCRIPTION FOR PARCEL 104B
BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 25; THENCE S.89"34'38"W. ALONG THE NORTH LINE
OF THE SOUTH 1/2 OF SAID SECTION 25, A DISTANCE OF 931.68 FEET TO A POINT ON THE WEST LINE OF
FLORIDA POWER AND LIGHT COLLIER SUBSTATION AS RECORDED IN OFFICIAL RECORDS BOOK 1067, PAGE 1973
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID WEST LINE, S.OO'22'13"E., A DISTANCE OF 352.25 FEET, TO THE POINT OF
BEGINNING;
THENCE CONTINUE S.00'22'13"E., A DISTANCE OF 40.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
OF GOLDEN GArE PARKWAY (COUNTY ROAD 885) AS RECORDED IN OFFICIAL RECORDS BOOK 455, PAGE 275
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT -OF -WAY,
THE FOLLOWING FIVE (5) DESCRIBED COURSES;
(1) THENCE S.89'33'36"W., A DISTANCE OF 222.12 FEET;
(2) THENCE NORTHWESTERLY 785.40 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE
RIGHT HAVING A RADIUS OF 3769.72 FEET THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED
BY A CHORD WHICH BEARS N.84'28'17"W. A DISTANCE OF 783.98 FEET;
(3) THENCE N.78"30'09'"W, A DISTANCE OF 334.38 FEET;
(4) THENCE NORTHWESTERLY AND WESTERLY 810.47 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE
TO THE LEFT HAVING A RADIUS OF 3869.72 FEET THROUGH A CENTRAL ANGLE OF 12"00'00" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.84'30'09'"W., A DISTANCE OF 808.99 FEET;
(5) THENCE S.89'29'51 ''W.. A DISTANCE OF 808.44 FEET, TO THE EASTERLY LINE OF RIGHT -OF -WAY AS
RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1152 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG THE SAID EASTERLY LINE, N.00'30'09'W., A DISTANCE OF 40.00 FEET, TO A POINT LYING 40.00
FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY; THENCE 40.00 FEET NORTHERLY AND PARALLEL OF THE
SAID NORTHERLY RIGHT-OF-WAY, RUN EASTERLY THE FOLLOWING FIVE (5) DESCRIBED COURSES;
(1) THENCE N.89'29'51"E., A DISTANCE OF 808.44 FEET;
(2) THENCE EASTERLY AND SOUTHEASTERLY 818.85 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE
TO THE RIGHT HAVING A RADIUS OF 3909.72 FEET THROUGH A CENTRAL ANGLE OF 12'00'00" AND BEING
SUBTENDED BY A CHORD WHICH BEARS S.84'30'09"[, A DISTANCE OF 817.35 FEET;
(3) THENCE S.78'30'09"[, A DISTANCE OF 334.38 FEET;
(4) THENCE SOUTHEASTERLY 77707 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT
HAVING A RADIUS OF 3729.72 FEET THROUGH A CENTRAL ANGLE OF 11"56'14" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.84'28'17"E, A DISTANCE OF 775.66 FEET;
(5) THENCE N.89'33'36"E., A DISTANCE OF 222,17 FEET, TO THE POINT OF BEGINNING;
CONTAINING 118,435 SQUARE FEET, MORE OR LESS.
CONTAINING 2.72 ACRES, MORE OR LESS.
Dt.J\HI"tGS ARF: BA.<a.:o ON NORIII .......HICJ\,N DATUt.l
(N.....D.) 1988-1990 NLJUSIU(NT STATE PlAN(
COOROINATE SYSI[M (GRI[)) fOR FLORIDA EAST ~ - // -e.--
ZONE.
0 300 500 1200 BY. {~~<--t.-. L c__',-""~-.
SKETCH & DESCRIPTION ONLY I I RQ(;[R G. CA R. PROf"(';.'5)()t4.'l. SURV(VOR & Ul\I>PER
NOT A BOUNDARY SURVEY FlORI[)A R[GtSIRfl,l1ON e[RI,<: !CA.'E NO 3")'02
SCAl..E: I' 600' SlGIIQNG (),lr,TE:: ~>- Z-Zu5
fOR COllJER COUNTY (;OVERNMEN I BOARD OF COUNTY COMMISSIONERS NOT VAllO WllllOUT THf ORIGINAl SIGNATURE It. RAlS[O lUBOSSEO S(Al or
^ fLORIDA REGIST(RED PRQr(~ SUR\l[YOR AND IoW'PER
GOLDEN GATE PARKWAY (MPIWV~;MENTS RJIl~
SKETCH & DESCRIPTION O~': PlmPETUAL, NON-EXCLUSIVE ROAIl
RIGHT-OF-WAY, URAINAG~; AND UTILITY EASEMENT JO'ONORTH:;RS~ I j;\J~m No.1
PARCEL 104U Ph.(94~~;~~O:t.~~~~~)4~_1oMay 25, 2
COl.L1ER COUNTY, FLORIDA LB No.: 6952
JOB NUMBER FilE NAME
01-001516 01-0015SK1018
Apr 16, 2002 - 12:54:6 M':\lond Projeds R2\O' -OOJ5\dwq\Revised fees 4-02-02\0 1-0022.00",,"s<< I04B-02.dwg
-----
.c;",.,;.,,..,._,,,,,,,,,,,,,.,",",,,,,",,,_,,.,,,,,,.,,,._,,"
\\ EXlIIBIT A TEMPORARY
8 CONSTRUCTION EASEMENT
+ PARCEL 704
3,379.2 sq. fl.
- POINT OF HAlSTATT PARTENERSHIP
COMMENCEMENT OR 1428/1348
- -- - -7
\ 110' WIDE FPL EASEMENT
OR 185/845
If E - -l - TI~'N[
L2 I LINE TABLE
U) U) I : BEARING LENGTH
" 11 500.8'42"W 25.00
r L2 N89'34'38"[ 144.31
~ ~ 7 7~ I U N89"34'JB"E 3O.0l ~-
~ \1) Ol Ol -;;-;-q f 13 511'49'25"E 48.55
.... v .q...,. L5 576'3t'52"W 30.01
~ ~ I I" I L6 Nl1.49' "W 52.14
~ ~ ~ ~ ~\ ~ I ~ 4.~
I oc oc I - I- I 442~~
10.1 Z Z 1..01 .........-.......... ..4'~rP ___
- ~gg~ ~I~ \
locl;3l;3~lo:loc -
Vl Vl 010 -
>- I I ::::...------ -
'>' ~ ,
oc Z I
I i71 ~ I I
"" 't~ I
O:r~ J
~ ~ .}...,o
e rr
<4J1+00 432+00 43J+ 4; -43-4+00 435+00
I
GENERAL NOTE
0 FPL = FLORIDA POWER 4< UCHT
0 ITI:_~~ R/W = RIGHT-OF-WAY
--1 +
. II. - BASELINE
~I 0
GURI/E TABLE
CURI/E lENGlH RAOIUS OCll A CB CD
0 Cl 60.67 5909.58 0'35'18" 501"'14'38"( 60.67
~ r C2 63.93 5879.58 0'37'23" N01'44'Or.~W 63.93
I
.-
LEGAL DESCRIPTION FOR PARCEL 704
BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE AlONG THE WEST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 25, S,OO'28'42'"w., A DISTANCE OF 25.00 FEET;
THENCE LEAVING THE SAID WEST LINE, N.89"34'38"E., A DISTANCE OF 144.31 FEET, TO A POINT ON THE
EASTERLY LINE OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1879 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID EASTERLY LINE AND ALONG THE SOUTH LINE OF A 110 FOOT WIDE flORIDA POWER
AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, CONTINUE N.89'34'38"E., A DISTANCE OF 30.01 FEET;
THENCE LEAVING THE SAID SOUTH LINE, SOUTHERLY 60.67 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 5909.58 FEET THROUGH A CENTRAL ANGLE OF
00'35'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.01'44'38"[', A DISTANCE OF 60.67 FEET;
THENCE S.11"49'25"E.. A DISTANCE OF 48.55 FEET;
THENCE S.76"31'52"W., A DISTANCE OF 30.01 FEET;
THENCE N.ll'49'25"W., A DISTANCE OF 52.14 FEET, TO A POINT ON THE SAID EASTERLY LINE;
THENCE AlONG THE SAID EASTERLY LINE, NORTHERLY 63.93 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAl ANGLE OF 00"37'23"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.Ol'44'05''W" A DISTANCE OF 63.93 FEET, TO THE POINT
OF BEGINNING.
CONTAINING 3,379.2 SQUARE FEET, MORE OR LESS.
BEARtNGS ARE BASCO ON NOR'" IW(FUCAN CATUN -rJ " ~ ~_
(~A.O.) 1988-1990 ADJUSTMENT SlAT[ PlAN[
COORDINATE S'fSTEIof (<;RjD) fOR fLORlOA fA.,T
lONE. 0 75 150 300 '::r
I . "IJDV!\; '0-- _'
SKETCH & DESCRIPTION ONLY 1 ""'ROCr... C. ch~~."" Pf'Yl([SSIONAl SlJ;'M.YOR- &: MAPP(R
NOT A BOUNDARY SURVEY SCALE: 150' - 'LORle,.w .'TlON "",meATE ~O;'O]
"""..,,, OATL ':..-.'02.... 0
cOR; COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMM'SSIONERS NOT VAllO W1TH(.ln 1J.fi;: \lR\GtNAt"~tGWtTUR( .. RAI:iE (IofC'lSSEO Sl.A.l. or
.- ^ nORlOA R[C1S1":RE.U' PR\Jrts3koNJl.1 ~'J:~"".....t7H .v.I': L41t.PJ.-i:R
GOLDEN GATE PARKWAY IMPROVEMENTS R'~\a
SKETCH & DESCRIPTION OF: TEMPORARY CONSTRUCTION EASEMENT
PARCEL 701 )050 NORm 110RSF.S~ORIVF.. s
COIJ..IER COUNTY, FLORIDA NAPLES, fLORIO^ )4104
Ph.(94I)649.15U9 f..(94I)649-
L8 No.: 69S2
JOB NUMBER
01-0015.20
INDEX NO.: P:\l..... PnIjec:h R1\OI-OOU\*'CI~ '""- I "-SO .\-lo-C1\R.........-Rwwvd-4-ol-OJ~It.___._la-(l3\~!IM .... 12-11-03"\ftW.. 100lt Wvp J-t1-04\IH-<<l15$lOt)4A.... ~J/7004 .)ollt.~7 PM n1
-- -,_._~-- -,._--
.-
EXECUTIVE SUMMARY
Approval of the conceptual design plans presented by Rails-to- Trails for the
greenway along the Florida Power & Light transmission corridor between
Rattlesnake Hammock Road and Radio Road
OBJEcnVE: For the Board to approve the conceptual design plans presented by Rails-
to-Trails for the greenway along the transmission corridor between Rattlesnake
Hammock Road and Radio Road in East Naples.
CONSIDERA nON: The conceptual design plans have been developed with adjacent
homeowners, homeowner associations and with citizens throughout Collier County.
Rails-to- Trails has developed a conceptual plan and a written report, which will defme
the greenway's components and describe the amenities that will be enjoyed by walkers,
joggers, and bicyclist
The facility is being developed to be universally accessible to those with physical
challenges. The green way is being developed with Horida Power & Light and is
sensitive to Florida Power & Light's transmission needs and maintenance setbacks.
The developments of greenways are documented to increase the security of the corridor
and neighborhood, The green way will be developed as a non-motorized linear park
--- addressing the needs of the community.
FISCAL IMPACT: The engineering design is being funded through a Florida
Communities Grant in the amount of $300,000. Funding for construction is requested in
the FY05 in the amount of 1,500,000 from the Transportation Supported Gas Tax Fund.
Source of Funds are Gas Taxes.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier
County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
conceptual design plans presented by Rails-to- Trails for the green way along the Florida
Power & Light transmission corridor between Rattlesnake Hammock Road and Radio
Road
Exhibits: Rails-to- Trails Report
_.
Agenda Item NO.1 OB
May 25, 2004
Page 1 of4
~----,. ._""-~ ..".~, ,,~-..- ._,",......~'..,,--_.'-- ....+",
COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 10B
Item Summary Approval of the conceptual design plans presented by Rails-to- Trails for the
greenway along the Florida Power & Light transmission corridor between
Rattlesnake Hammock Road and Radio Road. (Norman Feder, Transportation
Services Administrator)
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Pamela J. lulich Project Manager
Transportion Services Traffic Operationsl ATM
Approved By
Traffic Operations and Alt Trans
Diane B, Flagg Modes Director Date
Transportion Services Traffic Operationsl A TM 5/12120044:18 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12/20044:20 PM
Approved By
- Norm E. Feder, A1CP Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 5/13/2004 1 :50 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 51171200410:39 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/1712004 11:03 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/20048:40 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19/2004 8:49 AM
-
Agenda Item No. 108
May 25, 2004
Page 2 of 4
m_."_ _ .- ...-._-"'.--~ -..- -._~ --- ~ -_.-_.---
Florida Power & Light Greenway Assessment - Executive Summary
For The Collier County Commission Meeting - May 25th, 2004
Introduction
The Florida Power and Light Greenway Assessment is an initiative of the Collier County Traffic Operations and Altemati ve
Transportation Department in partnership with the Rails-to- Trails Conservancy
Team (RTC). The flnns of Borrelli and Associates and Vanassee Hangen
Brustlin, Inc. each provided pro-bono services to further support the team and
advance the project The proposed Florida Power and Light Greenway (FP&L
Greenway) is an enhancement to the existing Florida Power and Light (FP&L)
transmission corridor located in East Naples to include a non-motorized
recreational trail. In addition to the recommended 12' paved asphalt surface
that is aligned predominantly along the centerline of the transmission corridor,
the project should also include extensive landscaping and buffering
."~ considerations. Allowable users will include: walkers, joggers, bicyclists and
~ other non-motorized uses such as strollers and wheelchairs. The project
. , boundary area studied in the assessment was narrowed to focus on the FP&L
~. transmission corridor between Radio Road and Rattlesnake-Hammock Road,
for a distance of 15,325 feet or 2.90 miles.
Key Elements
The RTC Team focused on key issues associated with the project such as rights-of-way needs, public outreach and developing
graphics that would demonstrate best practices as well as offer design solutions in response to the needs of local residents. As part of
the team's research, numerous underlying land owners, adjacent residents and affected homeowner associations were identified. With
the assistance and insight of local community leaders and PAC members, the team set out to develop a working relationship with the
many affected parties including the 10 neighborhood associations comprising the Community Preservation Association. This was
done through both one-on-one meetings as well as larger public gatherings held at Crown Pointe and Riviera Colony Communities.
Assembling new trail corridor alignments in urban areas are not Proposed Development Costs *
only costly, but are nearly impossible to accomplish on a voluntary
basis. The FP&L transmission line provides Collier County with a rail Development $754,
unique opportunity to create a linear park and at the same time build
community partnerships. One of the goals of the project is to have includes landscaping &
as close to 100% voluntary participation from the underlying buffering treatments
property owners as possible. This was an ambitious goal because Bridge Over Expended Canal 150,
the original project boundary contained 61 different parcels Intersection Improvements 320,
representing 53 unique property owners. Additionally, there are Professional ServIces 250,
nearly 400 adjacent homeowners and businesses located in the (Engineering, Surveying, Professional
original study area between Livingston Road to Rattlesnake-
Hammock Road. Support from the underlying property owners and Architectural, Landscaping Architectural,
surrounding neighborhoods is key for the success of this linear park and Geotechnical Engineering)
project. To this end, it was very encouraging that nearly 100% have Contingencies (15%)
expressed a willingness to transfer an easement for recreational use Total
to Collier County to make this project possible and to help preserve
their neighborhoods. 'Radio Rd. to Rattlesnake-Hammock Rd. Intended tor budoetino ournoses onlv.
Design Considerations
It is envisioned that the trail will become a model for creating partnerships and for providing design solutions to encourage additional
trails to be co-located along utility corridors in Collier County in the future, Some design details include rest areas consisting of a
bench and trash receptacle located approximately every t.4 mile and the inclusion of a separate parallel tread for joggers. The
assessment's recommendations will also include low-cost intersection crossings at Davis and Radio Roads. Bollards would be erected
at intersections to limit motorized use to maintenance and security activities for the trail and transmission line only. Mter much
discussion with the adjacent neighborhood associations, consensus was built to provide lighting at the intersection crossings only.
Partnerships
The Team is very pleased with the responsiveness and support received thus far from FP&L. Through past team experience, a
previously approved FP&L trail along a corridor in Central Florida is serving as a model template to adv~f1 this PNject in ~ timely
Agen a tern 0.10
May 25, 2004
Page 3 of 4
,- manner. In addition to the partnership for co-use and maintenance of the corridor, it is anticipated that FP&L will contribute financial
assistance to help ensure the long-term success of the project.
In the process of developing this plan the team has set the framework for partnership and cooperation between all stakeholders as this
project moves forward. In our view, support for this project from the county, FP&L and local citizens is overwhelming - it is indeed a
model start to what will eventually be a model trail for Collier County. Please contact our project leader, Ken Bryan at (850) 942-
2379 with. any questions or comments you may have regarding this exciting linear park project
-
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Agenda Item No. 10B
May 25, 2004
Page 4 of 4
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-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt the 2003 Collier
County Wastewater Master Plan Update, Dated May 25, 2004, Project 73066.
OBJECTIVE: Address utility infrastructure needed to support growth in Collier County for
the next five and 20-year planning horizons; identify and fund growth-related and reliability
issues for the next twenty years; and approve the recommendations made in the 2003
Wastewater Master Plan Update.
CONSIDERATIONS: Larger and new wastewater facilities are required to meet anticipated
growth, and must be suitably sized for economy of scale. Reclaimed water improvements are
recommended to provide irrigation water from wastewater effluent. The Water-Sewer
District boundary expanded by approximately 38.5 square miles when the ~ural Fringe was
adopted on September 10, 2003. The recommended capital improvements for wastewater and
reclaimed water are estimated to be $180 million over the next five years (2004 to 2(08) and
$600 million over the subsequent fifteen years (2009 to 2024). The recommended capital
improvements are being used for determination of proposed changes to the existing impact
fees and user rates.
,,-- The current Wastewater Master Plan, adopted as the 2002 Update on February 25, 2003,
identified infrastructure needs to meet growth anticipated through 2022. Differences of this
update to the last include an adjustment in a new plant on-line date due to refmement of
capacity needs, the reduction in CIP contingency in the program year, and the removal of
contingency on renewal/replacement projects of repetitive scope.
On June 24, 2003, Work Order GH-FT-03-05 was issued to Greeley and Hansen, LLC for
engineering services related to both the Water and Wastewater Master Plan Updates in 2003.
Greeley and Hansen LLC has completed all the tasks and has submitted the fmal 2003
Update. .
The proposed 2003 Wastewater Master Plan Update was presented to the Board's
Development Services Advisory Committee (DSAC) on April 7, 2004, and to the Productivity
Committee on April 21, 2004. Both committees have given their approval to the Wastewater
Master Plan.
The Wastewater Master Plan is not attached to this Executive Summary Copies of the 2003
Wastewater Master Plan Update, dated May 25, 2004 are available for viewing at the offices
of the BCC, the office of the County Manager, and the Collier County Public Utilities
Engineering Department. The Board of County Commissioners has been provided with
copies for their personal review.
-
Agenda Item No. 10C
May 25, 2004
Page 1 of 4
,-- .--._~."--, "-_.~"~'_.-.'--'.'--~-'-'_.-"--- ""-_. .~._.,._-._--"---
FISCAL IMPACT: The 2003 Wastewater Master Plan Update, dated May 25, 2004,
recommends system improvements that will require the allocation of funding for capital
projects in future years. These improvements are summarized as follows:
5- Year (2004-2008) Capital Improvement Projects
· Complete expansion of the NCWRF to 24.1 MGD MMDF and construction of two deep
injection wells
· Complete expansion of the SCWRF to 16.0 MGD MMDF and construction of one
additional deep injection well
· Prepare a decommissioning study for the Pelican BayWRF
· Acquire sites for new East Central and Southeast WRFs
· Construct two 1.5 MG equalization tanks at the NCWRF
· Conduct study to re-rate NCWRF capacity
· Construct new 2.0 MGD MMDF Northeast WRF and deep injection wells
· Complete the North - South transmission systems interconnections
· Improve pumping station and transmission force main capacities
· Construct two master pump stations
· Continue to rehabilitate pumping stations and collection systems
· Expand the telemetry system
· Construct the Public Utilities Operations Center
Subsequent 15- Year (2009-2023) Capital Improvement Projects
- · Design and construction of expansions to the proposed Northeast, then East Central, and
then Southeast Water Reclamation Facilities
· Improvements to the North and South County Water Reclamation Facilities
· Design and construction of the Water Reclamation Facility Interconnects
Wastewater system capital improvement funding is provided through a mix of impact fees,
user fees, long-term bond fmancing, and state revolving fund loans. To ensure adequate
funding, the impacts of the recommended project expenditures are included in the impact fee
and user rate fee studies.
GROWTH MANAGEMENT IMPACT: Per capita sewer flows used in the 2003
Wastewater Master Plan Update are the same as the current Level of Service Standard
(LOSS) in the County's Comprehensive Growth Management Plan as follows:
Current LOSS 2003 WW Master Plan
Update LOSS
145 145
100 100
120 120
~.
Agenda Item No. 10C
May 25, 2004
Page 2 of 4
-
The capital projects in the 2003 Wastewater Master Plan Update are consistent with the
reporting of Category A facilities to the State of Florida Department of Community Affairs
contained in the 2003 Annual Update Inventory Report (AUIR). The AUIR was presented in
a Board Workshop on December 19, 2003.
RECOMMENDATION: That the Board, as Ex-officio the Governing Board of the Collier
County Water Sewer District adopt the 2003 Wastewater Master Plan Update, dated May 25,
2004.
_.
_.
Agenda Item No. 10C
May 25, 2004
Page 3 of 4
-
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number i0C
Item Summary Recommendation that the Board of County Commissioners adopt the 2003
Collier County Wastewater Master Plan Update. Dated May 25, 2004. Project
73066. (Jim DeLany, Public Utilities Administrator)
Meeting Date 5i25/2004 9:00:00 AM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 511112004 10:29 AM
Approved By
Ron Hovell Special Projects Manager Date
Public Utilities Public Utilities Engineering 5111/2004 2:08 PM
Approved By
Roy B. Anderson, P.E. Public Utilities Engineering Director Date
Public Utilities Public Utilities Engineering 5112120048:38 AM
Approved By
James W. DeLony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 5/12120048:44 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
- County Manager's Off"tee Office of Management & Budget 5113/2004 9:48 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 51141200411:18 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 511412004 3:47 PM
Approved By
Joseph B. Cheatham Wastewater Director Date
Public Utilities WasteWater Treabnent Snl2004 9:01 AM
-~
Agenda Item No. 10C
May 25. 2004
Page 4 of 4
~------ --,-,. . ,,~~
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt the 2003 Collier
County Water Master Plan Update, Dated May 25, 2004, Project 70070.
OBJECl1VE: Address utility infrastructure needed to support growth in Collier County for
the next five and 20-year planning horizons; identify and fund growth-related and reliability
issues for the next twenty years; and approve the recommendations made in the 2003 Water
Master Plan Update.
CONSIDERATIONS: Larger and new water facilities are required to meet anticipated
growth, and must be suitably sized for economy of scale. The Water-Sewer District boundary
expanded by approximately 38.5 square miles when the Rural Fringe was adopted on
September 10, 2003. The recommended capital improvements are estimated to be $270
million over the next five years (2004 to 2(08) and $654 million over the subsequent fifteen
years (2009 to 2023). The recommended capital improvements are being used for
determination of proposed changes to the existing impact fees and user rates.
The current Water Master Plan, adopted as the 2002 Update on February 25, 2003, identified
infrastructure needs to meet growth anticipated through 2022. Differences of this update to
the last include an adjustment in a new plant on-line date due to refinement of capacity needs,
the reduction in CIP contingency in the program year, and the removal of contingency on
renewal/replacement projects of repetitive scope.
On June 24, 2003, Work Order GH.FT"()3-05 was issued to Greeley and Hansen, ILC for
engineering services related to both the Water and Wastewater Master Plan Updates in 2003.
Greeley and Hansen LLC has completed all the tasks and has submitted the final 2003
Update.
The proposed 2003 Water Master Plan Update was presented to the Board's Development
Services Advisory Committee (DSAC) on April 7, 2004, and to the Productivity Committee
on April 21, 2004. Both committees have given their approval to the Water Master Plan.
The Water Master Plan is not attached to this Executive Summary. Copies of the 2003 Water
Master Plan Update, dated May 25, 2004 are available for viewing at the offices of the BCC,
the office of the County Manager, and the Collier County Public Utilities Engineering
Department. The Board of County Commissioners has been provided with copies for their
personal review.
FISCAL IMPACT: The 2003 Water Master Plan Update, dated May 25, 2004, recommends
system improvements that will require the allocation of funding for capital projects in future
years. These improvements are summarized as follows:
Agenda Item No. 100
May 25, 2004
Page 1 of 4
.--.---" -..------",...-
,,-~-->~_.-,-- _.._,._---,-
5- Year (2004- 2(08) Capital Improvement Projects
· Complete the 8 MOD SCRWTP plant expansion
· Add a fourth lime softening reactor at SCRWI'P for reliability
· Design and construct the SCRWTP RO expansion to 20.0 MOD, to be in service by 2006,
including 30.5-MOD high service pumping facilities.
· Design and construct the new 10.~MOD NERWI'P
· Begin construction of the NERWTP wellfield for 10 MOD of finished water
· Identify future site and purchase property for the new 8.(}'MOD SERWTP
· Identify sites, purchase property, design, and permit a new wellfield for the new NERWTP
· Add additional RO wells at the North Hawthorn Wellfield to improve reliability capacity at
the NCRWTP
· Identify sites and purchase property for the new wellfield for the future SERWTP
Subsequent 15- Year (2009-2023) Capital Improvement Projects
· Place the new 10.0 MOD NERWTP in service
· Permit, design and construct the NERWTP expansion to 20.0 MOD
· Permit, design and construct the new 8.0 MOD SERWTP
· Complete construction of the new NERWTP wellfield for the initial 10 MOD
· Design and construct high service-pumping capacity associated with plant expansions and
new facilities
· Continue Lower Hawthorn and Lower Tamiami well replacement program for reliability
· Construct the expansion of the NERWTP wellfield to supply an additional 10.0 MOD of
finished water
· Complete construction of the new wellfield for 8.0 MOD finished water at the SERW'IP
· Construct expansion of the wellfield for the SERWTP
Water system capital improvement funding is provided through a mix of impact fees, user
fees, long-term bond financing, and state revolving fund loans. To ensure adequate funding,
the impacts of the recommended project expenditures are included in the impact fee and user
rate fee studies.
GROWTH MANAGEMENT IMPACT: Per capita potable water flows used in the 2003
Water Master Plan Update are the same as the current Level of Service Standard (LOSS) in
the County's Comprehensive Growth Management Plan as follows:
Current LOSS 2003 Watel' Master Plan
U LOSS
18S 18S
154 154-
21 21
Agenda Item No. 100
May 25, 2004
Page 2 of 4
""'--^-.--- .----.".--..........- '---'--'-'-~' ."-
----
The capital projects in the 2003 Water Master Plan Update are consistent with the reporting of
Category A facilities to the State of Florida Department of Community Affairs contained in
the 2003 Annual Update Inventory Report (AUIR). The AUIR was presented in a Board
Workshop on December 19,2003.
RECOMMENDATION: That the Board, as Ex-Officio the Governing Board of the Collier
County Water Sewer District adopt the 2003 Water Master Plan Update, dated May 25, 2004.
Agenda Item No. 10D
May 25, 2004
Page 3 of 4
--".... . -..-- . -,~--_.-.----._-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
bm Number 100
..... Summary Recommendation that lhe Board of County Commissioners adopt the 2003
Collier County Waler Master Plan Update, Dated May 25, 2004, Project 70070
(Jim Delany, Public Utilities Administrator)
MeetIng Date 5/25/2004 9:00:00 AM
Approved By
Paul Mattausch Water Olreclor Date
Public Ulillties Water 5110120041:3& PM
Approved By
Thomes Wides Operations Director Dale
Public Utilities Public Utlllties Operations 5111/200410:28 AM
Approved By
Ron Hov.1i Special ProjeclS Uanager Date
Public Utlllties Public Utlllllee Englneertng 5111120042:08 PM
Approved By
James W. Oelony Public Ulllltles Administrator Dale
Public Utili lies Public Utilllles Administration 5/1112004 4:57 PM
Approved By
Susan Usher Senior ManagemenUBudget Analys1 Date
County Msnage"'a Office OffIce of Management & Budget 511312004 9:46 AM
Approved By
Michae' Smykowski Management & Budget DlrKtor Date
County Manage"'s OffIce Oltlce of Management & Budget 5/1412004 11 :18 AM
Approved By
James V. Mudd County Manager Date
Board of Counly County Manage..s Office
Commissioners 511412004 3:46 PM
Approved By
Roy B, Ancle..on, P,E. Public Utilities Englneertng Ol.-ctor Date
Public Utilities Public Utilities Englneertng 51512004 5:21 PM
Agenda Item No.1 00
M~ 25. 2004
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EXECUTIVESU~Y
To authorize an agreement to acquire rights-of-way for the expansion of Collier Boulevard
between Golden Gate Boulevard and hnmokalee Road, and to establish an access road for
the Golden Gate Fire & Rescue District at their new facility; Fiscal Impact: $536,000.
OBJECTIVE: To secure a parcel of right-of-way and a stormwater detention and treatment
pond site required for the expansion of Collier Boulevard between Golden Gate Boulevard and
Immokalee Road, and to secure the right-of-way for a portion of Wolfe Road which is required
to allow the Golden Gate Fire and Rescue District to access to Collier Boulevard at the future
traffic signal to be installed at the intersection of Collier Boulevard and Wolfe Road.
CONSIDERATIONS: During the past year, many possible locations for stormwater detention
and treatment ponds required for the permitting and construction of the expansion of Collier
Boulevard from two lanes to six lanes have been studied. Impacts to the environment, as well as
the cost of the land and the cost of construction were evaluated. In addition, access connections
along Collier Boulevard, as well as median openings, were impacted by the pond site selection.
Through negotiations with the Golden Gate Fire and Rescue District, Christ Community
Lutheran School, and A.R.M. Development Corp., the developer of both Tuscany Cove and
-- Palermo Cove, an arrangement was produced whereby A.R.M. was able to secure property
across from Tree Farm Road (immediately south of Brittany Bay), and swap this property for a
property owned by the school at the northwest corner of Wolfe Road and Collier Boulevard,
which they made available to the County for the construction of the required stormwater
detention and treatment pond. A key factor in proceeding with the land swap and pond site
purchase by the County, was the Fire District's agreement to place their primary entrance on
Wolfe Road, and to use the signal at Collier Boulevard for emergency northbound response.
This enabled the County's engineering staff to approve a directional median opening on Collier
Boulevard for the Vanderbilt Country Club. In addition, as part of the arrangement, the Christ
Community Lutheran School has agreed to "allow access through their property for Brittany Bay
residents, if and when a full median opening becomes warranted at Tree Farm Road. This will
allow the residents left-out, northbound turning movements, rather having to exit Brittany Bay in
a southerly direction and then make V-turns to head north and west to shopping and to schools.
The Agreement governs the parties responsibilities with regard to the sale and purchase of four
(4) separate land parcels to be used for various purposes. Parcel 134 A is a perpetual, non-
exclusive road right-of-way, drainage and utility easement necessary for the construction of
Wolfe Road (which is a "loop" road which connecl<; Vanderbilt Beach Road with Collier
Boulevard one half (112) mile north and west of the actual intersection of these two major arterial
roadways. Parcel 134 B is a perpetual, non-exclusive road right-of-way, drainage and utility
casement upon which the County shall construct a portion of "Project Pond 4" (one of six
stormwater detention and treatment ponds required for the Collier Boulevard six-Ianing project),
and upon which the entrance road into the fire station shall be constructed, and which entrance
--- road shall also serve as a secondary entrance for the development of Palermo Cove (see Exhibit 5
Agenda Item No.1 OE
May 25, 2004
Page 1 of 18
>".,,,~---.,,,~,~
~-_._--
Page 2 of3
to the Agreement). In addition, the Agreement addresses the rights and responsibilities of the
parties as to construction of the stormwater detention pond, the construction of the entrance road
into the fire station and Palermo Cove (and the proportionate share of the costs borne by the
parties), the use of the fill material to be excavated during pond construction, the placement of
fountains and signage in and around the ponds, and the future maintenance responsibilities of the
parties.
Further, as with all Purchase Agreements negotiated by County staff, the Agreement sets forth all
of the terms and conditions under which the property owners and business operator are fully and
fairly compensated for the acquisition of the property, and contains a waiver and release from
any and all further claims for severance damages, and from any and all claims for further
compensation of any kind, including attorney fees or any other fees and costs.
It is important to note that the total purchase price is based upon a unit price of $125,000 per
acre, with adjustments having been made for the various costs incurred by the parties. During
the past year, when the pond site selection process first began, two separate appraisals were
obtained to estimate the value of the parent tract property (which was then under the ownership
of Christ Community Lutheran Church). In February 2003, staff obtained an appraisal of the
school property in which the appraiser estimated the value of the land at $90,000 per acre. In
December 2003, staff obtained a second appraisal in which another appraiser estimated the value
of the land at $90,000 an acre also. At the same time (December 2003), we had the first
appraiser update his original estimate of value; and it increased to $101,000 per acre. So at this
,- point in time, the average of the two most recent appraisals is $95,500 per acre.
According to the Florida Statutes, any County purchase of property in excess of $500,000
requires the County to obtain two appraisals; and if the purchase price exceeds the average of the
two appraisals, then the Board must approve the purchase by a super-majority vote. In the
instant case, the purchase price of the easement parcels (Parcel Nos. 134 A, 134 B and 834)
amounts to $625,000 (5.0 acres at $125,000 per acre). Using the average of the two appraised
values the purchase price for the same parcels would be $477,500. However, one of the
County's appraiser's also concluded that a taking a five acres from the parent tract, for the
construction of a stormwater treatment pond, would have resulted in nearly 20% severance
damages to the remainder property, yielding a total compensation amount of $519,375.
Factors worth considering in the overall context of this Agreement between A.R.M.
Development and Collier County are as follows:
a) A.R.M. is donating the Collier Boulevard right-of-way to the County in fee simple. This
right-of-way (Project Parcel 134 C) containing 0.5765 acres is worth at least $51,885 ( at
$90,000 per acre) and perhaps as much as $72,000 (at $125,000 per acre).
b) In order to make this entire multi-party transaction possible, A.R.M. Development had to
first purchase for $1.6 million, the property across from Tree Farm Road that was home
to the diesel mechanic and truck repair facility for many years. The unit price for this
purchase amounted to $170,000 per acre.
,-
Agenda Item No.1 OE
May 25, 2004
Page 2 of 18
,-..
Page 3 of 3
c) Without this property to swap with the Lutheran school, we could not have brought the
fire station access across the Lutheran school property and onto Wolfe Road, which
would mean that
d) The fire station would have had to have a median opening on Collier Boulevard, which
would mean that
e) Vanderbilt Country Club would have been limited to a right-in I right-out only access
point on Collier Boulevard (no median opening), and
f) All traffic exiting Brittany Bay and wishing to head north would have had to first head
south and then make U-turns nearly a quarter mile away.
g) The pond site is going to be landscaped and maintained by A.R.M. Development Corp.
and the Palermo Cove Homeowners Association
FISCAL IMPACT: The sum of $536,000 includes all land, easements and improvements being
purchased along with miscellaneous expenses such as recording fees. Source of funds are Gas
Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement
Element, the Collier Boulevard Project (No. 65061) and this purchase is an integral part of the
Collier County Growth Management Plan.
.-'..
RECOMMENDATIONS: That the Board of County Commissioners of Collier County,
Florida:
1. Approve the attached Agreement by a super-majority vote and authorize its Chairman to
execute same on behalf of the Board;
2. Authorize payment to the Owner in the amount as shall be specified on a Closing
Statement approved by the office of the County Attorney;
3. Accept the conveyance instruments as provided under the Agreement;
4. Authorize staff to close the real estate transaction, and to record the easements, the deed.
and any and all curative instruments in the public records of Collier County, Florida; and
5. Authorize any and all budget amendments which may be required to carry out the will of
the Board.
_.
Agenda Item No. 10E
May 25, 2004
Page 3 of 18
-
COLLIER COUNTY
,-. BOARD OF COUNTY COMMISSIONERS
Item Number 10E
Item Summary To authorize an agreement to acquire rights-of-way for the expansion of Collier
Boulevard between Golden Gate Boulevard and Immokalee Road, and to
establish an access road for the Golden Gate Fire & Rescue District at their
new facility; Fiscal Impact: $536,000,
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kevin Hendricks Right Of Way Acquisition Manager
Transportation EngIneering and
Transportlon Services Construction
Approved By
Gary Putaansuu Senior Project Manager Date
Transportation Engineering and 5114120042:31 PM
Transportion Services Construction
Approved By
Transportation Engineering/
Gregg R. Strakaluse Date
Construction Mgmt Director
Transportation Engineering and 5/14120042:25 PM
Transportlon Services Construction
Approved By
Lisa Taylor Management/Budget Analyst Date
_.
Transportion Services Transportation Administration 5114120044:51 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/14120044:34 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 5/1712004 10:31 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5117/200410:15 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's OffIce Office of Management & Budget 51171200411:05 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's OffIce Office of Management & Budget 5117120041:54 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's OffIce Office of Management & Budget 5/17120044:16 PM
Approved By
,,- James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5117/20045:24 PM
Agenda Item No.1 OE
May 25, 2004
Page 4 of 18
~.._,-_." .-------- _.,.,..~- .~'..~.. - ..."~---
.
PROJECT: 65061
PARCEL No 134/834 (Pond Site No.4)
FOLIO NO. 00203920000
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this _ day of , 2004, by and between ARM.
DEVELOPMENT CORP. OF S. W. FLORIDA, INC., a Florida corporation, its
successors and assigns (hereinafter referred to as "Owner"), whose mailing address is
8224 Immokalee Road, Naples, FL 34119, and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to
as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112.
WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement (Parcel 134 B - see Exhibit 1) and a Perpetual, Non-
Exclusive Drainage and Buffer Easement (Parcel 834 - see Exhibit 2) in order to
construct two (2) Stonnwater Retention and Treatment Ponds (hereinafter collectively
referred to as "Ponds") and an access connection between Wolfe ROad and the Golden
Gate Fire and Rescue District property located to the north of Owner's lands (hereinafter
referred to as the "Access Road Right-of-Way") over, under, upon and across the lands
described in Exhibit 1 (Parcel 134 B); and
WHEREAS, in addition Purchaser requires a fee simple interest in the lands
described in Exhibit 3 (Parcel 134 C) for the expansion of Collier Boulevard from two
lanes to six lanes (hereinafter referred to as the "Collier Boulevard Right-of-Way"), which
is attached hereto and made a part of this Agreement; and
WHEREAS, in addition Purchaser requires a Perpetual, Non-Exclusive Road
Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands
described in Exhibit 4 (Parcel 134 A) for the construction and future maintenance of
Wolfe Road (hereinafter referred to as the "Wolfe Road Right-of-Way"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey Parcels 134 A, 134 B, 134 C, and 834
(hereinafter collectively referred to as the "Property") to Purchaser on the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. The foregoing recitals are true and correct and are incorporated herein as a part
of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $532,887.00, which
represents the unit price of $125,000 per acre for Parcels 134 A, 134 Band 834
(totaling 5.0 acres) LESS one half the engineer's certified estimate of the probable
cost of the construction of the driveway north of Wolfe Road between Lines "A-A"
and "B-8," as shown on Exhibit 5, payable by County Warrant (said transaction
hereinafter referred to as the "Closing"). Said payment shall be full compensation
for the Property conveyed, including all landscaping, trees, shrubs, improvements,
and fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser, including any and all attorney fees, and all expert witness fees and
costs as provided for in Chapter 73, Florida Statutes. Said payment also includes
the agreed-upon sum of $25,000.00 which Owner shall pay to Christ Community
Lutheran School, Inc., for reimbursement of additional developmentAgenOOJdlIietn NO.1 OE
May 25, 2004
Page 5 of 18
___'_0"_' .
,
Agreement Page 2
-
by the School as a result of trading properties with Owner so that this Agreement,
and the benefits accruing to the parties hereto as a result hereof, might be
realized.
3. Purchaser shall configure the size and shape of the Ponds in accordance with the
Collier County final roadway design plan, a conceptual drawing of which is
attached hereto as Exhibit 6.
4. Purchaser shall construct the Ponds on the Property at its sole cost, with Owner
granting such unrestricted access to Purchaser to Owner's lands beyond the
boundaries of the Property as may be necessary for construction of the Ponds
and for the staging of equipment. Purchaser shall build the Stormwater Retention
Ponds in accordance with the Collier County final roadway design plan and all
other lawful requirements. Should Purchaser be unable to construct the Ponds
prior to December 2005, Owner shall have the option of constructing the Ponds in
accordance with the Collier County final roadway design plan and shall be
reimbursed by Purchaser in an amount not to exceed the Purchaser's certified
estimate of probable construction costs at the time of construction and within 30
days of acceptance (i.e. inspection, cross sections, etc.) of the Ponds by
Purchaser. To the extent permitted by law, and without waiver of sovereign
immunity protections afforded by Chapter 768, Florida Statutes, Purchaser hereby
agrees to indemnify, defend and hold Owner harmless from and against any
claims, liabilities, actions, damages, losses, or injuries sustained by any person or
persons arising out of or related in any way to the construction by Purchaser of the
Ponds and Access Road Right-of-way contemplated by this Agreement to be
constructed by Purchaser. Purchaser hereby further agrees to indemnify, defend
- and hold Owner harmless from and against any loss or damage caused by
Purchaser to Owner's adjacent real property arising out of or related in any way to
the construction by Purchaser of the Ponds and Access Road Right-of Way
contemplated by this Agreement to be constructed by Purchaser. In the event
Owner elects to construct the Ponds, Owner agrees to indemnify, defend and hold
Purchaser harmless from and against any claims, liabilities, actions, damages,
losses, costs or injuries arising out of or related in anyway to the construction by
Owner of the Ponds. This reciprocal obligation of indemnification is not intended
to cover any defects in workmanship or design. This provision shall survive
closing and is not deemed satisfied by closing or by conveyance of title.
5. Prior to Closing, Owner shall grant unrestricted access to the Property for the
purpose of conducting surface and subsurface soils sampling and analysis, and
for any other necessary purposes. All adverse findings shall be the responsibility
of the Purchaser to correct.
6. Owner shall design and prepare bid plans and specifications in accordance with
County standards for roadway construction for that portion of the driveway
between Lines "A-A" and "C-C" (as shown on the Conceptual Plan labeled Exhibit
5, attached hereto and made a part hereof). Purchaser shall construct that portion
of the driveway between Lines "A-A" and "B-B" and shall also construct that
portion of the driveway between Lines "B-B" and "C-C" (that portion of the
driveway serving the fire station exclusively.) Purchaser shall be solely
responsible for the cost of the construction of the driveway between Lines "B-B"
and "C-e" (that portion of the driveway serving the fire station exclusively.)
7. Owner and Purchaser acknowledge that modifications to the drawings, plans and
exhibits referenced herein may be requested by the South Florida Water
Management District (SFWMD), and that both parties shall work together to
resolve any objections which may be raised by SFWMD, and that in the event said
,- modifications result in additional costs beyond those already contemplated by the
parties in fulfillment of their respective obligations herein, said costs shall be
shared equally by Owner and Purchaser Agenda Item No. 10E
May 25,2004
Page 6 of 18
------.-
~-_.._-
.
Agreement Page 3
8. Owner shall maintain the Ponds at its sole cost, and shall ensure their continued
maintenance by assigning said maintenance responsibilities to the appropriate
Homeowners. Property Owners, or Condominium Association as may be created
on Owner's adjacent lands. Maintenance of the Ponds shall commence within
thirty (30) days of their acceptance by Purchaser. Should the Ponds not be
adequately maintained, then the Purchaser may do so at the Owner's or
Association's cost.
9. Owner may install fountains and/or lighting and/or landscaping, and/or decorative
wall and rail sections, and/or signage on the Property. subject to proper
application by Owner and County's review and approval, at Owner's sole cost and
expense. Specifically, the installation of signage and lighting shall be pennitted
along the Collier Boulevard frontage of Parcel 134 C and on either side of the Fire
Station Access Road within Parcel 134 B, and in the median island in the center of
the Fire Station Access Road. All maintenance will be Owner's responsibility. As
a condition of County's approval, Owner must indemnify. defend and hold the
County harmless from any claims, liabilities, actions, damages, losses, or injuries
arising out of or related in any way to the construction, maintenance and operation
of the fountain ancllor lighting. This indemnification must be in writing and
approved by the Office of County attorney.
10. Owner may make application to change the name of Wolfe Road to another name
of its choosing, and Purchaser's Transportation Division staff will not offer any
objections as long as the proposed name change is consistent with Collier County
policies concerning the naming of local roadways.
11. Owner shall keep the excess excavated material beyond what is necessary to
construct: (a) the Ponds; (b) the benn surrounding the Ponds; (c) other
appurtenances associated with the construction of the Pond; and (d) the access
road (driveway) between the fire station and Wolfe Road. Owner shall provide
adequate cleared space west of the Ponds to store the excess excavated
material. Owner shall maintain such storage space consistent with all local, state
and federal rules and regulations. If Owner does not provide adequate cleared
space for storage of the excess excavated material within 30 days of Purchaser's
written request, Purchaser may elect to deposit the excess excavated material
elsewhere.
12. Purchaser will commit to a closing no later than May 31, 2004, under the condition
that this Agreement is approved by the Board of County Commissioners. Owner is
aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida. Owner understands that said
acceptance and approval may require a super-majority vote of the Board of County
Commissioners. after comparision of the proposed purchase price with two
independent appraisals obtained by the Purchaser.
13. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County. Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
14. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur no later than May 31, 2004,
however, that Purchaser shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments. properly executed, which either
remove or release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
Agenda Item No. 10E
May 25, 2004
Page 7 of 18
----
Agreement Page 4
,-
County Warrant to Owner and Owner shall deliver the conveyance instruments to
Purchaser in a form acceptable to Purchaser.
15. Owner represents that the property undertying conveyances outlined within this
Agreement and all uses of said conveyances, have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the
property undertying conveyances except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or environmental law
violation on the property contiguous to or in the vicinity of the conveyances to be
sold to the Purchaser, that the Owner has not received notice and otherwise has
no knowledge of: a) any spill on the property undertying the Property or the
Rights-of-Way; b) any existing or threatened environmental lien against the
property undertying the Property or the Rights-of-Way; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the property undertying the Property or the
Rights-of-Way. This provision shall survive Closing and is not deemed satisfied
by conveyance of title.
.
16. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 15. This provision shall survive
- Closing and is not deemed satisfied by conveyance of title.
17. Purchaser shall pay for all recording fees for the conveyance instrument(s), and
for any and all costs and/or fees associated with securing and recording a
Subordination, Consent & Joinder of Easement and/or Partial Release of any
mortgage(s) encumbering the Property from the mortgagee(s), and for the fees to
record any curative instruments required to clear title, except for any and all costs
and expenses required to secure and record releases and/or satisfactions from
judgment creditors, which fees, costs and/or expenses shall be the responsibility
of the Owner. In accordance with Statutory exemptions prohibiting payment of
documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp
taxes required on the instrument(s) of transfer.
18. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
19. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
20. If the Owner holds or presently owns title to the Property in the form of a
partnership, limited partnership, corporation, trust or any form of representative
capacity whatsoever for others, Owner shall make a written public disclosure,
according to Chapter 286, Florida Statutes, under oath, of the name and address
- of every person having a beneficial interest in the property undertying the Property
before conveyance is made to Purchaser. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Agenda Item No. 10E
May 25, 2004
Page 8 of 18
'0' _~,,_ ",~,. ,"___"o'_~'.'''OO'''~~___
.
.
Agreement Page 5
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
21. Pending funding opportunity in the Transportation 5-Year Work Program,
Purchaser may purchase additional right-of-way for Wolfe Road as depicted in
Exhibit 7, which is to be reserved by the Owner, free of improvement with
pennanent structures, for future road right-of-way. Owner shall convey the
additional Wolfe Road right-of-way to Purchaser within ninety days of written
request from Purchaser, with the purchase price to be detennined by multiplying
the total acreage of the additional Wolfe Road right-of-way by the unit price of
$100,000 per acre.
22. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of ,20_.
Date Easement acquisitions approved by BCC: October 28, 2003, Resolution No.
2003-372, Item 16B5.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Donna Fiala, Chainnan
AS TO OWNER: A.R.M. DEVELOPMENT
DATED: 0//4 /04 sw. FLORIDA
. ()V 6..J,~ R.o..-{\'
"'/1~~ By:
Ovadia R. Elias, President
/Witness (SI ature)
Name: C:;n,/"J ,A? a,.ftEE~
(Print or Type)
63.
itness (Signature) -Lv
Name: -r04.-' E. /Jet:.-: ,^
(Print or Type)
Approved as to fonn and
legal sufficiency:
~d j-;1
~ Ellen T. Chadwell Agenda Item No. 10E
Assistant County Attorney May 25, 2004
Page 9 of 18
EXHIBIT -L h \ \
Page ..-Lof-L-
-
I ~ I I
ci
I 0:: 1 1
"0 h \
0
....
'--' \
....
lO
0) q :;
South 1/2 of the South 1/2 I 0:: I Ct:: I~ I
0 I .J co
\h' South~'" 1/4 of tho I <( I::> n
Northeost 1/4 of Section 34 z 8[D~
<(
u ~::><
.... aid 0..
lO 0:: 0
Q> w n
0
WOLF ROAD ~Q7: ~;; ~ ~ !Xl
' , - , , - , . (ocCUPATiON) 0..
0 u
VI"'!
o~
'lJl
eo I
-~ P.O.C.
::l. I I East ~ 4 Comer
NB9;~1~~!'W \ of Se ion 34,
I TownslP 48 South,
N89'51'33"W Range 26 East
NOTES: 100.09' \ \
1. This is not 0 survey.
80sis of beoring is the' West line of County I
2.
Rood 951 (C.R. 951) being N 02'15'04" W, Rorida I I I
State Plane Coordinates HAD 83/90, East Zone. I
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
-, otherwise noted.
5. ROW represents Right-of-Way.
6. P.O,B. represents Point of Beginning.
7. P.O.C, represents Point of Commencement.
8. O.R. represents Official Records.
9, l.B,E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING
C14 50.00' 21'49'48" 19.05' 9.64' 18.94' Nl0'46'27"W
C15 177.00' 30'42'06" 94.84' 48.59' 93,71' N06'20'18"W
C16 25.00' 60'23' 47" 26.35' 14.55' 25.15' N21'll'09"W
C17 62.00' 3'12'20. 3.47' 1.73' 3.47' N5T59'13"W
C18 25.00' 128'28'56" 56.06' 51.81' 45.03' N64'22'30"E
(jJ~ I ~ 4
DAVID J. HYATT, P. .'. (FOR THE FIRM)
flORIDA lit. NO. 5834 N
3 -j1o.,f~Ot-f (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE '..- I
ORGINAl RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 50 100 200 400
CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE
-
PtlOoI(l;'J' NO.: 65061 PMCll Me). : 1348
WiI.Millei-"~'~_N
........ _ E__,'__,,--,~
WilsonMil/er. Inc.
_ far""", _ 0&_ .... PRO..ECf NO.:
m""l..~D ""A:::WIiiI"1SU5I11.."""'~ '_2.!UU.S1lf ~............. 0.J/2004 N60T5-005-000
_ 24, 2004 - 13:08:44 l4I.AIIIJREIX;\SUR\N8015\1I51odl00.d'4wg
-.-.. _._M'_ _._-,..,-,~-~,.- ,----
EXHIBIT -L
Page~-A-
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the Southeast
1/4 of the Northeast 1/4 of Section 34, Township 48 South,
Range 26 East. and being a portion of those lands described in
O.R Book 3069 pages 2831-2832, of the Official Records of
Collier County, Florida being more particuarly described as
follows:
Commencing at the East 1/4 Comer of Section 34, Township 48
South, Range 26 East; Thence North 89'51'33M West along the
South line of the Northeast 1/4 of said Section 34, a distance
of 100.09 feet to it's intersection with the Westerly right-of-way
line of County Rood 951 (Collier Boulevard); Thence continue
along said line North 89'51'33M West 75.07 feet;
Thence North 02' 15'04" West 30.03 feet to the POINT OF
BEGINNING;
Thence North 89'51'33" West 361.87 feet;
Thence North 00'08'27" East 50.00 feet;
Thence 19.05 feet along the arc of a circular curve concave
west having a radius of 50.00 feet through central angle of
21'49'48" and being subtended by a chord which bears North
1 ()" 46'27" West 18.94 feet to 0 poii'll of reverse curvature;
Thence 94.84 feet along the arc of a circular curve concave
east, having a radius of 177.00 feet through a central angle of
30'42'0,6" subtended by a chord which bears North 06'20'18"
West 93.71 feet to a point of reverse curvature;
Thence 26.35 feet along the arc of a circular curve concave
west, having a radius of 25.00 feet through a central angle of
60"23' 47" sublended by a chord which bears North 21'11'09"
West 25.15 feet;
Thence North 51'23'02" West 35.13 feel;
Thence 3.47 feet along the arc of a circular curve concave
southwest having a radius of 62.00 feet through central angle of
03" 12'20" and being subtended by a chord which beafs North
52'59'13" West 3.47 feet;
Thence North 38'36'58M East 50.10 feet;
Thence 56.06 feet along the arc of 0 non-tangential circular
curve concave northwesl having a radius of 25.00 feet through a
, central angle of 128'28'56" and being subtended by a chord
which bears North 64'22'30" East 45.03 feet;
Thence North 00'08'02" East 36.60 feet to a point on the North
line of the South 1/2 of the South 1/2 of the Southeast 1/4
of.he Northeast 1/4 of said Section 34;
Thence South 89'51'58M East 331.01 feet;
Thence South 02'15 '04" East 304.77 feet to the POINT OF
BEGINNING.
Containing 2.55 acres or 111,204.38 square feet, more or less.
NOT VAUD WITHOUT SHEET ONE OF lWO
PROJECT NO..: 65061 I PNICEl NO. , 1348 COWER COUNTY DEPARTMENT
WH..illelw,~,,~~ OF TRANSPORTATION
Agenaa Item NO. 10E
SKETCH de DESCRIPTION May 25, ' 004
"""""" e_ ~ s..n..,.a..L___""""""" D..."" -t-1 f18
WisonMiIer. foe.
_rol~.___ I PltOJECT NO~ ~S;;EU ..........., I f~
J?OOIIIqc.. Siar1f>> ~1bt*)f/CU3J.1."'13UII-IM Jp 1JUtJ.j1,. Jti..SiIe ...........(DII lU/2004 N601S-0Q5-000 8-2OF 2 2L-812
IIor 24, 2004 - '3,08:44 lII.AIIURE!X:\SUR\Nli015\9.51 odl OQ.dwg
EXHIBIT -L h \ \
Page.-L-of --L-
-
I ~ I I
0
-5'SI' I ci I ,
-ls ~-l' .0 h \
'1-l~~~ 0
.--
'-/
.--
IC)
c O'l 0 I~ ~
'" South 1 /2 of the South I , Ii I
J'j 1/2 of the Southeost I -.J <0
<( I=> ..,
o 1/4 of the Northeast ~ I 8lD~
r;::., /4 of Section 34
(> u S=>!i
,..:l ..- iiirln..
~ \I) u: c5
O'l UJ ..,
0
a:: ~ ai
- , c5 a:
N89'51'33"W I
100.09' P.O,C.
I , East 1 (;4 Corner
\ of Sec ion 34,
NOTES: I Townsl'fp 46 South,
Range 26 East
1. This is not 0 survey. \ \
2, Basis of bearing is the West line of County
Rood 951 (C.R. 951) being N 02'15'04" W, Florida I
State Plane Coordinates NAn 83/90, East Zone. I
I I
3. Subject to easements, reservations and I
restrictions or record.
4. Easements shown hereon ore per pial. unless
otherwise noted.
- ROW represents Right-of-Way.
5.
6. P .O,B. represents Point of Beginning.
7, P.O.C. represents Point of Commencement.
8. O,R. represents Official Records.
9. LB.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING
C19 87.00' 39'32'10" 60,03' 31.27' 58.85' N70'21'S6"E
C20 62.00' 36'28'5r 41.64' 21.64' 40,86' 570'37'31 "E
C22 25.00' 60'23'47" 26.35' 14.55' 25.15' S21'11'09"E
C23 177.00' 30'42'06" 94.84' 48.59' 93.71' S06"20'18"E
C24 50.00' 2,.49'48" 19.05' 9.64' 18.94' S10'46'27"E
C25 40.68' 28'37'50" 20.33' 10.38' 20.12' N14'27'22"E
C26 40.00' 63'36'37" 44.41' 24.61' 42.16' N60' 34' 35"E
C27 250.00' 19'39'09" 85.75' 43.30' 85.33' N82'33'19"E
C28 87.00' 25'04'35" 38.08' 19.35' 37.77' N85'16'03"E
C29 63.00' 47'12'29" 51.91' 27.53' 50.45' N74'12'06"E
~ .
;; - J,. 5 -(Pf (DATE SIGNED) N
NOT VAUD WITHOUT THE SIGNAWRE AND THE .... I
ORGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER. 0 150 100 200 4"
- CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCALE
PRCN[CT NO.: 65061 fWtCO.. NO. : 834
WiI.Miller-"~'=-~ 10E
004
-... ~ ~ s.....,....L__ ...............CmdonIs f18
Wi/,;onMiller, Inc.
- 'of""", _ __ .... PAOJIl:I' """
32Ol&Wt1-.3*aJ. ..,..lbt.iIjffdaW.l'IIi;;lle~ ,..ZJHQ.$11f ~_.......~ OJ/2004 N607S-G05-000
_ 24, 2004 - lJ:08,44 loUl.IUREIX,\SUR\N801 :5\~s lodlOD.dw9
- ,._-~--".,.,--- -
EXHIBIT -L
Page~---L-
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the Southeast 1/4
of the Northeast 1/4 of Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands described in O.R Book 3069
pages 2831-2832, of the Official Records of Collier County, Florida
being more particuarly described os follows:
Commencing at the East 1/4 Corner of Section 34, Township 48
South, Range 26 East;
Thence North 89'51'33" West along the South line of the Northeast
1/4 of said Section 34, a distance of 100.09 feet to it's intersection
with the Westerly right-of-way line of County Rood 951 (Collier
Boulevard);
Thence continue along said line North 89'51'33" West 361.87 feet;
Thence North 00'08'27" West 30.00 feet to the POINT OF BEGINNING;
Thence North 89'51'33" West 526.98 feet;
Thence North 00'08'27" East 61.03 feet;
Thence 20.33 feet along the arc of a circular curve concave east
having a radius of 40.68 feet through central angle of 28'37'50" and
being subtended by 0 chord which bears North 14'27'22" East 20.12
feet;
Thence North 28'46'17" East 61.68 feet;
Thence 44.41 feet along the arc of 0 circular curve concave southeast
having a radius of 40.00 feet through central angle of 63'36'37" and
being subtended by 0 chord which bears North 60'34'35" East 42.16
feet to 0 point of reverse curvature;
Thence 85.75 feet along the arc of a circular curve concave north,
having 0 radius of 250.00 feet through a central angle of 19'39'09"
subtended by a chord which bears North 82'33'19" East 85.33 feet to
o point of reverse curvature;
Thence 38.08 feet along the arc of a circular curve concave south,
having 0 radius of 87.00 feet through 0 central angle of 25'04'35"
subtended by 0 chord which bears North 85'16'03" East 37.77 feet to
a point of reverse curvature;
Thence 51.91 feet along the arc of 0 circular curve concave north,
having 0 radius of 63,00 feet through a centro I angle of 47'12'29"
subtended by 0 chord which bears North 74'12'06" East 50.45 feet;
Thence North SO'35'51" East 26.28 feet;
Thence 60.03 feet along the arc of 0 circular curve concave south
having 0 radius of 87.00 feet through central angle of 39'32'10" and
being subtended by 0 chord which bears North 70'21'56" East 58.85
feet;
Thence South 89'51'59" East 120.00 feet;
Thence 41.64 feet along the arc of 0 circular curve concave south
having 0 radius of 62.00 feet through central angle of 38'28'57" and
being subtended by a chord which bears South 70'37'31" East 40.86
feet;
Thence South 51'23'02" East 35.13 feet;
Thence 26.35 feet along the arc of 0 circular curve concave west
having 0 radius of 25.00 feet through 0 central angle of 60'23'47"
and being subtended by a chord which bears South 21'11'09" East
25.15 feet to a point of reverse curvature;
Thence 94.84 feet along the arc of 0 circular curve concave east,
having a radius of 177.00 feet through 0 central angle of 30'42'06"
subtended by 0 chord which bears South 06'20'18" East 93.71 feet to
o point of reverse curvature;
Thence 19.05 feet along the arc of 0 circular curve concave west.
having a radius of SO.OO feet through 0 central angle of 21'49'48" ,
subtended by a chord which bears South 10'46'27" East 18.94 feet;
Thence South 00'08'27" West 50.00 feet to the POINT OF BEGINNING.
Containing 2.20 acres or 95,874.41 square feet, more or less.
NOT VAUD WITHOUT SHEET 1 OF 2
PROJEt:T NO-: 65061 I PARt(L NO, , BJ4 COLLIER COUNTY DEPARTMENT
Wils;nMillei-'~~"~N OF TRANSPORTATION
,- lU:m I NO 10E
SKETCH dr DESCRIPTION May 25, ~OO4
-. __ E_ ~'l__ _"""'- D~~o 1 ~ hf 18
WilsonMiIIer. ItIC.
_fctI""".__.... I PRo..RT HOc ~:SHm I<<Al8[R, I F1I.L'lfo.'
JDWlyt-.Suita>> ""~Ji'f15.I5Il..~~ ~2JUD.S1pf N-Stt ........_AI'I 03/2004 N6015-005-000 .J4-2 OF 2 2L -812
liar 24, 2004 - 13:06:44 ~\SUR\NeOl5\851",,100.""'g
EXHIBIT ~ ~ \ \
Page ----Lot--L-
-
I 3: I I
q
I a::: I I
.0 h \
0
0 :;
South 1/2 of the South 1/2 I Ii I ~ I
L of .... """"""'" 1/+ of ''''' I ...J I '"
I")
Northeast 1 /4 of Section 34 <C( :::>
Z 8 ~
<C(
() lDel
~3~
...- mull-
lO ffi 0
0> 0 I")
-.. "-"-"-"-"~p~~"- 0::: ~ IIi
u 0:
I
I P.O,C.
I Eost J:4 Corner
\ of Se ion 34,
I Townshjp 48 South,
Range 26 East
\ \
DESCRIPTION: I
A portion of the South 1/2 of the South 1/2 of I I I
the Southeast 1/4 of the Northeast 1/4 of Section .
34. Township 48 South. Range 26 East, and being 0
portion of those lands described in O.R Book 3OS9
pages 2831 - 2832. of the Official Records of CoUier NOTES:
County, Florida being more particuarly described as
"-. follows: 1. This is not 0 survey.
Commencing ot the East 1/4 Corner of Section 34. 2. Basis of bearing is the West line of County
Township 48 South. Range 26 East; thence N
89'51'33" W along the South line of the Northeast Road 951 (C.R. 951) being N 02'15'04" W, Florida
1/4 of said Section 34, 0 distance of 100.09 feet State Plane Coordinates NAD 83/90, East Zone.
to its intersection with the westerly right-of-way 3. Subject to easements, reservations and
line of County Rood 951 (Collier Boulevard) and the restrictions or record.
Point of Beginning; thence continue N 89'51'33" W
along said 1/4 section line 0 distonce of 75.07 4. Easements shown hereon ore per plot, unless
feet; thence N 02'15'04" W, a distance of 334.BO otherwise noted.
feet to a point on the North line of the South 1/2
of the South 1 /2 of th.. Southeast 1/4 of the 5. ROW represents Right-of-Way.
Northeast 1/4 of said Section 34; thence 6, P.O.s. represents Point of Beginning.
S 89'51'58" E. olong soid North line 0 distance of 7. P.O,C. represents Point of Commencement.
75,07 feet to its intersection with the westerly B. O.R. represents Official Records.
right-of-way line of County Rood 951 (Collier 9. L.B.E. represents Landscape Buffer Easement,
Boulevard); Thence S 02"15'04" Eost, along said 10. U.E. represents Utility Easement.
westerly right-at-way line, a distance of 334.81
feet to the Point of Beginning.
Containing 25112.01 sq. feet or 0.5765 acres, more
or less.
3'dC(~trl (DATE SIGNED) ~
f
NOT VAliD WITHOUT THE SIGNATURE AND THE 3M
ORGlNAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB {l43 U- I
Rf.\I1SEO PARCa NO. - 03/29/04 0 "" '00 .00 -
GRAPHIC SCALE
- Rf.\I1SED PARCEL - 03 23 04
rROJfCT NO.: 65061 PARCEl. NO. : 134C COLLIER COUNTY DEPARTMENT
Wil"Millel~"R~'=n;. OF TRANSPORTATION
SKETCH k DESC~ Item No. DE
"..",.,., E_ E""""'.. _.~_ "_~ May 25, D4
WisonMiI/61, IIlC.
- "".....--..... PRO.J[C'f NO..: r." 18
JNJBiile;~~" ~IbiIitJf~.""'2J9.64P..JtNd 1.,Z'JI.W5111 ~__~WlII 09/200J N6015 005-000
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South 1/2 of the South 1 /2 ~ <0
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[ th. So"th"" 1/4 of 'ho ::." CArq z 0 '"
Northeast 1 /4 of Section 34 -~ C? o~ 4: U w
'(J1 U IDC)
,0 o _ ~3if
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0 -""'- l!) IX: 0
z S89'51'33"E 361.87' ITi 0> w I')
0
,,_ . . _ .~OLF R~, _., _, z ai
(OCCUPATION) N89'51'33"W 363.12' ~ n:
N89'51'33"W
75.07' I
N89'51'33"W
100.09' I I East 1(4 Corner
\ of See ion .34,
I TawnslP 48 South,
Range 26 East
\ \
I
LEGAL DESCRIPTION I I I
A portion of the South 1/2 of the South 1/2 .
of the Southeast 1/4 of the Northeast 1/4 of
Section 34, TownShip 48 South, Ronge 26 East,
and being 0 portion ,of those lands described in NOTES:
O.R Book 3069 pages 2831-2832, of the
Official Records of Collier County, Florida being 1. This is not 0 survey.
more particuarly described os follows:
2. Basis of bearing is the West line of County
Commencing at the East 1/4 Corner of Section Rood 951 (C.R. 951) being N 02"15'04" W, Florida
34, Township 48 South, Range 26 East; Thence State Plane Coordinates NAD 8.3/90, East Zone.
North 89'51'33" West along the South line of .3, Subject to easements, reservations and
the Northeast 1/4 of said Section 34, 0
distance of 100.09 feet to it's intersection with restrictions or record.
the Westerly right-of-way line of County Rood 4. Easements shown hereon ore per plot, unless
951 (Collier Boulevard); Thence continue along otherwise noted.
said line North 89'51'33" West 75.07 feet to 5, ROW represents Right-of-Way.
the POINT OF BEGINNING; Thence' continue along
said line North 89'51'33" West 363.12 feet; 6. P.O,s. represents Point of Beginning.
7. P.O.C, represents Point of Commencement,
Thence North 00'08'27" East 30.00 feet; B. Q,R. represents Official Records.
Thence South 89'51'33" East 361.87 feet; 9. l.B.E. represents Landscape Buffer Easement.
Thence South 02'15'04" East 30.03 feet to the 10. U.E. represents Utility Easement.
POINT OF BEGINNING.
Containing 0.25 acres or 10,874.90 square
feet, more or less.
OR THE FIRM) ~
3 -;;'5'-OLf
(DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAl RAISED SEAL OF A FLORIDA LICENSED ,- I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 1143
0 .. \.. ... 400
GRAPHIC SCAlE
f'ftO.IECT NO.: 65061 PARCO. NO. : 134A COLUER COUNTY DEPARTMENT
Wi_"illei'K"~"'-'~ OF TRANSPORTATION
A,,%enda Item No, OE
SKErCH de DESCRI ON May 25, 004
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Agenda Item N
May 25, 2004
Page 16 of 18
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May 25, 2004
Page 17 of 18
,-
FIRE STATION
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PCL 834
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May 25, 2004
Page 18 of 18
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"..-,
EXECUTIVE SUMMARY
Adopt a resolution authorizing condemnation of fee simple interests and/or those
perpetual or temporary easement Interests necessary for the construction of
roadway, drainage and utility Improvements required for the six-lane expansion of
Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road.
(Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact:
$4,753,888.00.
OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple
interests andlor perpetual or temporary easement interests necessary for the construction of the
Collier Boulevard six-lane improvement project from Golden Gate Boulevard to Immokalee Road
(Project No. 65061).
CONSlOERATlONS: County Staff requested authorization from the Board of County
Commissioners to condemn property required to construct stormwater retention ponds along the
Collier Boulevard project corridor. The Board of County Commissioners authorized condemnation
of the pond sites on September 23,2003, under Resolution No. 2003-335. The Board of County
Commissioners later authorized the purchase of road right-of-way for the Collier Boulevard project
on October 28,2003, under Resolution No. 2003-372. The six-Ianing of Collier Boulevard between
Golden Gate Boulevard and Immokalee Road will require the acquisition of additional right-of-way.
~
The Board of County Commissioners has been advised through numerous public meetings, MPO
meetings, and documentation of the various alternative routes and typical roadway sections
considered by its professional engineering staff and consultants, and of the environmental impacts
and costs of each engineering alternative, and of the public health, safety and welfare
considerations, and of the long-range planning implications posed by each alternative, and has
determined that the legal descriptions, and the interest in real property specified on each legal
description, which are a part of the attached Resolution, represent the most feasible location, and
are necessary for the construction of the proposed improvements to Collier Boulevard (see
attached technical memorandum dated May 3, 2004).
The Board of County Commissioners is further advised that it is necessary and in the public's best
interest to acquire, by condemnation if necessary, those interests in real property specified on each
legal description attached to the Resolution.
FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on
each legal description attached to the Resolution may result in filing suit on every parcel required
for the construction of the six-lane section of Collier Boulevard between Golden Gate Boulevard
and Immokalee Road. That would result in an estimated acquisition cost of $4,753,888.00. Staff
will continue to attempt to negotiate mutually agreeable settlements after the filings and up until the
hearing dates. Should staff successfully negotiate settlements on 55% of the required right-of-way,
then the total cost of acquisition is estimated to be $2,223,063.00. This amount includes the cost
of aU real property rights required for construction of the proposed improvements, as well as all
expenses for title work, real estate appraisals, staff time, and those expenses, such as property
owner attorney fees and expert witness fees, which the County is required to pay according to
--
Agenda Item No. 10F
May 25, 2004
Page 1 of 89
"",.,""-"",..."."."".-",,,."-
.--...,
..,.--,
Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported
Gas Tax fund and Impact Fee Funds. Source of funds are gas tax and Impact Fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the
six-lane improvements to Collier Boulevard (Project No. 65061) is an integral part of Collier
County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of
the Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
,-.
.
_.
Agenda Item No. 10F
May 25, 2004
Page 2 of 89
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
,-
Item Number 10F
Item Summary Adopt a resolution authorizing condemnation of fee simple interests and/or
those perpetual or temporary easement interests necessary for the construction
of roadway, drainage and utility improvements required for the six-lane
expansion of Collier Boulevard (CR-951) from Golden Gate Boulevard to
lmmokalee Road, (Capital Improvement Element No, 37. Project No. 65061),
Estimated fiscal impact: $4,753,888.00.
Meeting Date 5/2512004 9:00:00 AM
Prepared 8y
Lorraine Lantz Right Of Way Coordinator
Transportlon Services TECM-ROW
Approved 8y
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportlon Services Transportation Engineering and
Construction 5/12/2004 2:29 PM
Approved 8y
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 511212004 3:35 PM
Approved 8y
Usa Taylor Management/Budget Analyst Date
,- Transportlon Services Transportation Administration 5112/2004 2:42 PM
Approved 8y
Gary Putaansuu Senior Project Manager Date
Transportlon Services Transportation Engineering and
Construction 511212004 3:42 PM
Approved 8y
Gregg R. Strakaluse Transportation Engineering!
Construction Mgmt Director Date
Trans"?rtion Services Transportation Engineering and
Construction 5/13/20048:34 AM
Approved 8y
Norm E. Feder, AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5/13/2004 1:24 PM
Approved 8y
Diane Perryman Executive Secretary Date
Transportlon Services Transportation Services Admin. 5/14120043:00 PM
Approved 8y
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5114/2004 4:32 PM
Approved 8y
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5117/20048:18 AM
-
Approved 8y
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners W,17I21!J:45'l,VM
Agenda em o. 'f
MdY 25, 2064
Page 3 of 89
"---- - ---_. -'---- ----
MEMORANDUM
DATE: May 3, 2004
TO: J ames Mudd, County Manager
Commissioner, Donna Fiala. Chairman, District #1
Commissioner Fred Coyle, Vice-Chairman, District #4
Commissioner Frank Halas, District #2
Commissioner, Tom Henning, District #3
Commissioner James N. Coletta, District #5
FROM: Norman E. Feder AICP, Administrator, Transportation Services Division
SUBJECT: Condemnation Resolution for Collier Boulevard from
Golden Gate Boulevard to hnmokalee Road, Project No. 65061
On May 25, 2004, the Board of County Commissioners will consider the adoption of a
Condemnation Resolution for the property interests necessary to six-lane Collier Boulevard from
Golden Gate Boulevard to Immokalee Road. This three-mile project includes a divided six-lane
roadway, with bike lanes on both sides and a sidewalk: along the west side of the roadway. To the
east, the road is bordered by a canal. This memorandum contains vital information that the Board
of County Commissioners must consider in adopting this Resolution.
As you are aware, this roadway has been on the County's long-range plan for many years. It has
been the subject of Board meetings, MPO meetings and various other public meetings. This
memorandum shall serve to supplement and recap the documentation previously provided to, or
presentations made to, the Board.
Also, the county attorney's office has advised that you must consider the following criteria when
adopting the condemnation resolution:
Agenda Item NO.1 OF
Page 1 of 4 May 25, 2004
Page 4 of 89
-
1. Alternate Routes
The need for additional north-south arterial capacity within Collier County for travel
demands east of Airport-Pulling Road has been identified and studied at the long
range planning level for more than a decade. The addition of Livingston Road has
provided traffic relief west of the Interstate. East of the Interstate is Golden Gate City
and the Golden Gate Estates, where opportunities are limited to the existing roadway
alignments. The Santa BarbaralLogan Corridor is planned for extension both north
and south. Collier Boulevard is being studied for extension into Lee County.
Capacity improvements are currently planned for Immokalee Road, Vanderbilt
Beach Road, and Santa BarbaralLogan. Collier Boulevard from Golden Gate
Boulevard to Immokalee Road is the last remaining piece of two-lane roadway. To
meet current and future capacity needs, the only viable alternative is to widen Collier
Boulevard to six lanes at this time.
2. Safety Factors
The design of the Collier Boulevard improvements has been conducted to meet the
standards as defined using the Florida Department of Transportation (FOOT)
Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and
related design manuals; the American Association of State Highway and
-, Transportation Officials (AASHTO) Policy on Design of Urban Highways and
Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the
Collier County Policy for Access Management for Arterial and Collector Roadways
(Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2(01); and
the Public Rights of Way Construction Standards Handbook to ensure the safe
movement of people and goods within the project limits. There were no "Design
Exceptions" such as substandard lane widths or median widths identified for this
roadway.
Long Range Planning Factors
The Long Range Transportation Plans (LRTP) for Collier County have evaluated the
future travel demand needs using factors such as social impa,cts, environmental
impacts, costs and safety. Alternative improvements are considered on a network
wide basis by the MPO and Collier County Transportation when they program these
projects. Consideration of alternative routes and improvements was an integral part
of the development of the LRTP. Since at least the 2010 LRTP (adopted in 1992),
and reiterated in the following updates for 2020 LRTP (original adopted 1996,
updated 1999) and the 2025 LRTP (adopted 2(01), the need for upgrading Collier
Boulevard has been identified. The project improvements ar~ consistent with current
and near future travel demand needs and the availability of financial resources.
Originally proposed to be four lanes from Golden Gate Boulevard to Vanderbilt
-
Agenda Item No. 10F
Page 2 of4 May 25, 2004
Page 5 of 89
-_.,~-- ,_._., __u. .~""_..__^__,~ ---....-..
Beach Road, the Board subsequently approved the six-Ianing of Collier Boulevard
over its full length at the December 17, 2002, Board meeting.
3. Environmental Factors
Long-range planning criteria require the consideration of impacts to environmentally
sensitive areas. Generally, the impacts of roadway construction utilizing existing
corridors have less environmental impacts than new corridors. As such, the section
of Collier Boulevard from Golden Gate Boulevard to Immokalee Road will have
minimal environmental impacts.
The project has been coordinated with both the U.S. Fish & Wildlife Service and the
Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered
Species Survey was conducted with negative findings. The project has. also been
coordinated with the South Florida Water Management District (SFWMD) and the
Army Corps of Engineers. A wetland survey was conducted, and a determination
has been made that wetlands are not impacted by this project.
Evaluations during the alignment determination phase took more localized
environmental issues into account such as choosing the offsite retention/detention
system ponds and developing the surface water management system. The use of
detention ponds at the chosen location has a lesser environmental impact than using
lateral ditches. Other sites did not provide viable options. As a result, this project will
use detention ponds for water treatment and attenuation. The ultimate stormwater
discharge point for this project is the 951 Canal. There has been coordination with
the SFWMD regarding surface water drainage issues, and the application for the
Environmental Resource Permit for this project has been submitted and is currently
under their review.
4. Costs
Cost to provide for the improvements has been considered from the initial
identification in the adopted LRTP. As the project has been refined during the
design, more specific costs to implement have been developed and considered as part
of developing the financially feasible Capital Improvement Program. The design of
the improvements has been made to maximize the improvement benefit with the
minimum amount of impacts. The typical section for the project includes a six-lane
roadway with bike lanes on both sides and a sidewalk: along the west side. South of
Vanderbilt Beach Road, model home sites and the residential lots of the Golden Gate
Estates bound the corridor to the west with a canal to the east. North of Vanderbilt
Beach Road, there is a mixture commercial and residential development with schools
and shopping centers to the west, with residential development to the east of the 951
canal. The roadway section has been minimized to avoid the taking of additional
Agenda Item No. 10F
Page 3 of 4 May 25, 2004
Page 6 of 89
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.-
right of way, while providing for safe and efficient pedestrian and traffic flow. As a
result, construction costs and the maintenance of traffic costs during construction are
minimized. Of course, during the cost I benefit analysis phase the "do nothing"
option is always one of the alternatives considered. While difficult to quantify with
absolute precision, the "cost" of traffic congestion on the roadway's users is always a
factor when studying the cost and feasibility of any roadway project
Construction on this two-year project is planned to commence early in fiscal year
2005. This project is part of an aggressive acquisition schedule to address the
traffic movement and safety needs of the community.
Thank you for your time and review of this vital information.
cc: Leo Ochs, Assistant Co~nty Manager
David Weigel, County Attorney
Gregg R. Strakaluse, P.E., Director, TE&CM Department
Don Scott, AICP, Director, Transportation Planning Department
Gary R. Putaansuu, P.E., Senior Project Manager, TE&CM Department
.-
-,
Agenda Item No.1 OF
Page 4 of 4 May 25, 2004
Page 7 of 89
^"._<.~.-.._----,.'~'_._---- ....--
_0____"_
RESOLUTION NO. 2004 - _
A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPlE INTERESTS
AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS
NECESSARY FOR THE CONSTRUCfION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR THE SIX-LANE EXPANSION OF
COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO
IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO.
65061).
WHEREAS, the Board of County Commissioners (Board), on November 19,2002, adopted
Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of the various
i capital improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in
Ordinance No. 2002-60; and
WHEREAS, the six-lane section of Collier Boulevard from Golden Gate Boulevard to Immokalee
Road (Project No. 65061) is one of the capital improvement projects required under the Transportation
Element of the County's Comprehensive Plan; and
WHEREAS, the location for the construction of the proposed improvements has been fixed by
survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto
and inco'1>orated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of the project alternatives, various impacts upon the environment, long range planning
options, and public safety considerations, the Board desires to exercise its right to condemn property for
public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that it has been detennined by the Board that the construction of
the six-lane section of Collier Boulevard between Golden Gate Boulevard and Immokalee Road
(hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the
health, safety and welfare of the citizens of Collier County.
AND IT IS RJRTHER RESOLVED that construction of the Project is an integral part of the
County's long range planning effort, and is included in the Transportation Element of the County's
Comprehensi ve Plan for Growth Management, as approved by the Horida Department of Community
Affairs.
AND IT IS RJRTHER RESOLVED that the County Staff has reviewed alternative locations for
the Project, and the costs associated with the design, property rights acquisition, and construction of the
project, as well as public safety and welfare considerations associated with the design and construction of
Agenda Item NO.1 OF
May 25, 2004
Page 8 of 89
i
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the Project, and various impacts to the environment, and the Board finds that after consideration of these
issues, the most feasible locations for construction of the proposed improvements is collectively
represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is
necessary for the Board to acquire various real property interests described in Exhibit "An to wit: fee
simple title interests and/or those perpetual or temporary easement interests.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately
acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127,
Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A,"
attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to
be acquired and therefore it will not be necessary to remove any mobile homes from the property to be
acquired.
This Resolution, adopted on this _ day of , 2004, after motion, second
and majority vote.
- ArrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
ZCi~;=~
Ellen T. Chadwell
Assistant County Attorney
-
Agenda Item No. 10F
May 25, 2004
Page 2 Page 9 of 89
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EXHlijIT~ FEE SIMPlE I I
Page-L of INTEREST I I
L4 I 3i
0
GOLDEN GATE ESTATES ,...." 0:: I
UNIT NO. 2 ~ -l
P.B. 4. PAGE 75 q <C I
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N '-' 1 0>
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N 0> U
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LINE TABLE I
P.O.B,
LINE LENGTH BEARING
L40 10.00 N89'31'28"E
L41 10.00 S89'31'28"W I
.;
LEGAL DESCRIPTION NOTES:
The East 10.00 feet of Tract 120 Golden
Gate Estates Unit No.2, Plat Book 4, 1. This is not a survey.
Page 75-76, of the Public Records at
Collier County, Florida, being mare 2. Basis of bearing is the West line of County
particularly described as tollows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida
Beginning at the Southeast comer at State Plane Coordinates NAO 83/90, East Zone.
Troct 120; thence S.89'31'28"W. along the 3. Subject to easements, reservations and
South line at Tract 120, a distance of restrictions or record. '
1 0.00 teet; thence N.0<r28'32"W., a
distance at 350.00 feet to its intersection 4. Easements shown hereon are per plat, unless
with the North line at Tract 120; thence otherwise noted.
N,89'31'28"E. along said North line, a
distance at 10.00 teet to the Northeast 5. ROW represents Right-at-Way.
corner at Tract 120; thence S.00'28'32"E. 6. P.O.B. represents Point of Beginning.
along the East line at Tract 120, 0 7. P.O.C. represents Point at Commenr.er.'..nt.
distance at 350.00 teet to the POINT OF 6. O.R. represents Official Records.
BEGINNING. 9. LB.E. represents Landscape Buffer Easement.
Containing 3.500.00 square feet or 0.0603 10. U.L represents Utility Easemenl
ocres, more or less.
~
1\1
Cf -: 17-0 "1 (DATE SIGNED) I
NOT VAllO WITHOUT THE SIGNATURE AND THE ~ I
ORGINAl RAISED SEAl OF A flORIDA UCENSED 0 211 "" 100 200
SURVEYOR AND MAPPER. GRAPHIC SCALE
CERTIFICATE OF AUTHORIZATION LB #43
PROoJECr NO" 65061 PARCO.. NO. : 102
WiI."ille,.'<<U.-
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~,h> PROoJEX:T NO.:
.... .1W!1lwJ . _ . _. roo,. 09/2003 N6015-005-ooD
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,-... ci I
UNIT NO. Z ~ -l
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ci z I
4:
"0 ()
z Vl I I
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0 q ~ 10
N N '-"' I CJ)
TRACT (Xl (Xl ~ I
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:#. .
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0 0 I I
TEMPORARY C!. o.
CONSTRUCTION EASEMENT I
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
I
I
LINE TABLE
LINE LENGTH BEARING
L75 5.00 S89'31'i8'W
L76 5.00 N89'31'28"E I
L77 10.00 S89'31'28"W
-
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
LEGAl DESCRIPTION Rood 951 (C.R. 951) being N 00'28'32" W, Florida
A portion of Tract 120 Golden Gate Estates State Plane Coordinates NAD 83/90, East Zone.
Unit No.2, Plat book 4, Pages 75 Ilc 76, of 3. Subject to easements, reservations and
the Public Records of Collier County, Florida, restrictions or record.
being more particularly described as follows:
4. Easements shown hereon are per plat, unless
Commencing at the Southeast comer of Tract otherwise noted,
120; thence S.89'31'28'W. aloog the South line
of Tract 120, a distance of 10.00 feet to, the 5. ROW represents Right-of-Way.
POINT Of' BEGINNING; thence S.69'31'28"W. 6. P.O.B. represents Point of Beginning.
along said South line, a distance of 5.00 feet; 7. P.O.C. represents Point of Commencement.
thence N.00'28'32'W" 0 distance of 350.00 8. O.R. represents Official Records.
feet to its intersection with the North line of 9. LB,E. represents Landscape Buffer Easement.
I Tract 120; thence N.89'31'28"E. along said 10. U.L represents utility Easement,
North line, a distance of 5.00 feet; thence
I S.00'28'32"E., 0 distance of 350.00 feet to 4
I the POINT OF BEGINNING.
Containing 1,750.00 square feet or 0.0402
acres, more or less.
<jJ~ f ~
DAVID J. ~ATT, .S.M. (FOR THE FIRM) N
FlORIDA UC. NO. 5834
Of -17 '0 1 (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE ~ . I
ORGINAL ,RAISED SEAL OF A FlORIDA UCENSED
SURVEYOR AND IvlAPPER. 0 2$ 50 1110 200
CERTlFlCATE OF AUTHORIZATION La 1143 GRAPHIC SCALE
-, I'llOoJ6:r NO" 65061 P.aRCEL NO. : 702
WiI.,Mille,..K_- 10F
004
-'e--.'~,-.-...~_.~~ f 89
MocnMIr, ...
_...,1.olo.... ._=_IirI.rn.:;."'=.;..~'=-. ___ PROJEcr NO"
09/2QO.J N6015-005-000
.... 'II. ZOO3 - '1:37:37 1!Ul.lURE\X:\SUR\NlIOl5\1l51odl00.dwv
-, ..._-
.--...-.-
EXHIB, IT~ F::::''iTE h I
Pa ,r:2.. of '6 <
ge~ . 30.001 60'00J I 3i :
...... I q
-------- -- - 3i 0::
1 ST AVE. N.W. l42 0 ::i.
-------- --1 t ~ ~ I
0' ~
~ I lO I
GOLDEN GATE ESTATES (/) ~ I' : .
UNIT NO. 2 t5 ~ Ol ' U
P.B. 4, PAGE 75 ~ ~ 0; ~.
""" vi u
TRACT ~ ": I I I
~ ~.,' _dl I"Tl ---. I
~ ~ ~ I
VI 0
o .
~ 0
. 0
o .
"""
. I
I I
L43 I
LINE TABLE I
LINE LENGTH BEARING P.D.B.
L42 35.00 N89'31'28"E
L43 10.00 589'31 '28"W
L44 30.00 NO<r28'32"W
LEGAL OESCRIPTlON
A portion of the East 1/2 of Tract
119 Golden Gate Estates Unit No.2,
Plat Book 4, Page 75-76. at the NOTES:
Public Records ot Collier County,
Florida, being more particularly 1. This is not a survey.
described os tallows:
2. Basis at bearing is the West line of County
Beginning at the Southeast comer Rood 951 (C.R. 951) being N 00'28'32" W, Florida
of Tract 119; thence 5.89'31 '28"W. State Plane Coordinates NAD 83/90, East Zone.
along the South line of Tract 119.
a distance af 10.00 feet; thence 3. Subject to easements, reservations """
N.05'14'27"W., a distance of 301.04 restrictions or record.
feet to its intersection with the
South line of the 60.00 toot 4, Easements shown hereon are' per plot. unless
right-at-way easement of 1 ST AVE. otherwise noted.
N.W.; thence N.O<r28'32"W., a .
distance ot 30.00 teet to its 5. ROW represents RIght-at-Way.
intersection with the North line ot 6. P.O.B. represents Point of Beginning.
Tract 119; thence N.89'31'28"E. 7. P.O.C. represents Po~nt ot Commencement.
along said North line, a distance of 8. O.R. represents OffiCIal Records.
35.00 teet to the Northeast corner 9. L.B.E. represents ~~mdscape Buffer Easement.
of Tract 119; thence S.0<r28'32"E. 10. U.E. represents Utility Easement.
along the East line of Tract 119. a
distance at 330.00 teet to the 4
POINT OF BEGINNING.
contain',n g. 7,801.44 square feet or
0.179 acres, more or less.
J)cd J ~
DAVID J, HY:,~' P.. : (FOR THE FlRM) ~
FLORIDA Uy' NO. 5834 J;'\I
q ~ 17 -t). 3 (DATE SIGNED)
NOT VAlIQ ,WITHOUT' THE SIGNATURE AND THE ~ I
ORGINAL RAISED SEAL OF A FlORIDA UCENSED
SURVEYOR AND MAPPER. 0 .. ""'00 200
CERTIFICATE OF' AUTHORIZATION LB #43 GRAPHIC SCAlE
I'lIl:>J(CT ""-' 65061 PAACEl..... , 103 COWER COUNTY DEPARTMENT
. . -.........- OF TRANSPORTATION
WII.Miller SKETCH de DESCRIPTION
-'~'6oolosII*''''''''' ,~_. ~~
~,...
......,.,....._._..... I'IllO.a:r NO"
-Mrt.o... """"----'.._. _ __ 09/2003 N6015-005-000
._...._-_.~"'"-_..",...."..,,,"~...
EXHIBIT~ I I
- page.2L d1J[ I-J I
30.00'1 60.001' I ~ I
_ __ 0 I ~
-------- 3;-,
1 ST AVE. N.W. ci <(
. z
~ <(
_ _ LBO _ U I
- - - - - - - - 1 g'...
... I It) I
'-'" 0>
GOLDEN GATE ESTATES ;0 I Ii
UNIT NO. 2 ~ g 0> d
P.B. 4, PAGE 75 ~ ~ 0; lJ
-J'o -J'o. U
TRACT ~ ~ ~ :
@ I
VI Vl
o~
TEMPORARY ~ 0
CONSTRUCTION EASEMENT -J'o. -J'o
(DURATION: 3 YEARS FROM I
COMMENCEMENT OF CONSTRUCTION) I
L78 I
L79 I
LINE TABLE I
LINE LENGTH BEARING
L78 10.00 S89'31'28"W
L79 5.02 S89'31'28"W
LBO 5,02 NB9'31'2B"E
LEGAL DESCRIPTION NOTES'
A portion of Tract 119 Golden Gate Estates. .
Unit No. 2, Plo~ Book 4, Page. 75-7~, Public 1. This is not 0 survey.
Records at Colher County. Flonda, being more
particularly described os follows: 2, Basis of bearing is the West.line of County
C . t th S th 0 t m r of Tract Rood 951 (C.R. 951) being N 00'2B'32" W, Florida
ommencmg 0 e au e 5 co e . I
119; thence S.B9" 31'28"W. along the South line State Plane Caordonates NAO 83 90, East Zone.
of Tract 119, a distance of 10.00 feet to the . . d
POINT OF BEGINNING' th S B9'31'28"W 3. ~u~Ject to easements, reservattons an
. .' en<;e '. restncttons or record.
along sOld South hne, 0 distance of 5.02 feet; .
thence N.05'14'27"W., 0 distance of 301.04 4. Easements shown hereon are per plat, unless
feet to its intersection with the South line of otherwise noted,
the 60.00 foot right-of-way easement of 1 ST
AVE. N.W.; thence N.B9'31'2B"E. along said 5. ROW represents Right-of-Way.
South line, 0 distance of 5.02 feet; thence 6, P.O,B. represents Point of Beginning.
5.05'14'27"[., 0 distance of 301.04 feet to 7. P.O.C. represents Point of Commencement.
the POINT OF BEGINNING. B. O.R, represents Official Records.
Containing 1,506.00 square feet or 0.0346 9. L.8.E. represents Landscape Buffer Easement.
acres, more or less. 10. U.E. represents Utility Easeme'/il
~
N
'1 - 17- O;} (DATE SIGNED)
NOT VALlO WITHOUT THE SIGNATURE AND THE ~] j
ORGINAL. RAl5EQ SEAL OF A FLORIDA UCENSED .
, SURVEYOR' . ANti MAPPER. 0 25 "" 100 200
; CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCAlE
- I'IIOJa:T "'" 65061 PARCEl. 110. , 703
Wi_MiIle1- ~g~
-'~'EcoII'llIoII'___'~_,~~ f 89
_,/;r1~.*;;...,... """"fer 110"
.....,~.........-_.__.,..,_._-- 09/200J N60t5-Q05-(}()()
iop lS, 2003 - 15:11:47 MIAlUREIX:\SUR\Nl1015\D5hdl00.d"1l
EXHIBIT% I
I
Page-2L of FEE SIMPLE
INTEREST n
L45 I
,.... 0::
:C I I
ci I -:i.
GOLDEN GATE ESTATES ci 7-
<
UNIT NO. 2 '0 ()
P.B. 4, PAGE 75 z 0 .....
(J) ..... to
0 0 '-" Ol
VI q ..... I
(J1 N to ci
(J1 co Ol t5 1
TRACT ~ vi I
co. N ~ ~
@ ~ fTi () I
~
VJ VJ
VJ VJ
0 0 I
Ol 0
0 ~ I
60'0J 30.00l' I
I
-------- -- - I
1ST. AVE N.W.
L46
--------1-- - I
I I
I I
LINE TABLE
LINE LENGTH .'BEARING
l45 47.66 N89'31'28"E
l46 27.74 S89'31'28"W
NOTES:
1. This is not 0 survey.
LEGAL DESCRIPTION
A portion of Tract 11b Golden Gate Estates 2. Basis of bearing is the West line of County
Unit No.2, Plot Book 4, Page 75-76, of the Rood 951 (C.R. 951) being N 00'28'32" W, Florida
Public Records of Collier County, Florida, State Plane Coordinates NAD 83/90, East Zone.
being more particularly described os follows:
3. Subject to easements, reservotions and
Beginning at the Southeast comer of T rect restrictions or record.
118; thence S.89'31'28"W. along the South
line of Tract 118, 0 distance of 27.74 feet; 4, Easements shown hereon ore per plot, unless
thence N.03'55' 48"W., 0 distance of 330.60 otherwise noted,
feet to its intersection with the North line of
Tract 118; thence N,89'31'28"E, along said 5. ROW represents Right-of-Way.
North line, 0 distance of 47.66 feet to the 6. P.O,B. represents Point of Beginning,
Northeast comer of Tract 118; thence 7. P.O.C. represents Point of Commencement.
S.00'28' 32"E. along the East line of Tract 8. O.R. represents Official Records.
118, 0 distance af 330.00 feet to the POINT 9. L.B.E. represents Landscape Buffer Easement.
OF BEGINNING. 10. U.E. represents Utility Easement.
Containing 12,440.93 square feet or 0.2856
ceres, more or less~ +
N
q-17 -qJ (DATE SIGNED)
NOT VAllD WITHOUT. THE SIGNATURE AND THE ! - __.. .,...:.J
ORGINALRAlSEP'SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER. 0 2A "" lDO 200
CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE
PRO.lECT """ 65061 ~~; 105 COLLIER COUNTY DEPARTMENT
Wil.Millel.'~- OF TRANSPORTATION
gen 10F
SKETCH de DESCRIPTION 004
-'B1!Mn. EooIoQIoIo.....,... '1.Io*opo_. ~~ f 89
lIIoolMer, h:: PROJECr 1'<<).:
..... ./lIt..... _. _,_
.....UII..... .......____...._.__ 09/200J N60tS-()()S-OOO
"'"'.""'''__'_;",c''''...;".,,,,,,,,,"~.......,,,.............
h I
------~------_._----------------------- I
---EXHIBIT
.- Page {.c of' I
- I ~
ci
TEMPORARY 0:
CONSTRUCTION EASEMENT ;t
(DURATION: 3 YEARS FROM ~ I
COMMENCEMENT OF CONSTRUCTION) ()
.0 I I
0' ~
... to
......, I m
GOLDEN GATE ESTATES ... 0:
to
UNIT NO. 2 z Ul en U
0 0
P.B. 4, PAGE 75 Vi Vi 0: ~
U1 U1 U
U!. U1. L.~
TRACT -l>- -l>-
Ol Ol
i .
@ fT1
I
VI VI
0 0
0 0
in in I
U!. U1.
6o.0~'l I I
30.00' I
---------- -
1ST. AVE. N.W.
LINE TABL~ - - - - T - T I
LINE LENGTH BEARING
- 181 5.01 S8 '31'28"W
L82 5.01 N89'31'28"E
183 ~7.65 S89'31'28"W NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of County
LEGAL DESCRIPTION Rood 951 (C.R. 951) being N 00'28'32" W, Florida
A portion of Tract 118 Golden Gate Estatss State Plane Coordinates NAD 83/90, East Zone.
Unit No, 2, Plat Book 4, Page 75-76, at the
Public Records of Collier County, Florida, being 3. Subject to easements, reservations and
more particularly described as follows: restrictions or record.
Commencing at the Northeast comer of Tract 4. Easements shawn hereon ore per plat. unless
118; thence S.89'31'28"W. along the North line otherwise noted.
of Tract 118. 0 distance of 47.66 feet to the
POINT OF BEGINNING; thence S.03"55'48"E., a 5. ROW represents Right-at-Way. "
distance of 300.55 feet to its intersection with 5. P.O.B. represents Point of Beginning.
the North line of the 60.00 foot right-of-way 7. P.D.C. represents Point of Commencement.
easement at 1ST AVE. N.W.; thence 8. O.R. represents Official Records.
S.89"31'28"W. along said North line, 0 distance 9. LB,E. represents Landscape Buffer Easement.
of 5.01 feet; thence N.03"55'48"W., 0 distance 10. U.E. represents Utility Easement.
of 300.55 feet to its intersection with the
North line of Tract 118; thence N.89'31'28.E. ~
along said North line, 0 distance of 5.01 feet
to the POINT OF BEGINNING.
Containing 1,503.02 square teet or 0,0345
acres, more or less
N
cr -i~- (/ ., (DATE SIGNED)
NOT VAUD WITHOUT THE SIGNATURE AND lliE .- ~ ' I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 25 1lO 100 200
CERTIFICATE OF AUTHORIZATION La #43 GRAPHIC SCAlE
- PROJEJ:f ""-' 65061 PARCEl. NO. : 705 COWER COUNTY DEPARTMENT
Wil.Mille,.,AUO- OF TRANSPORTATION
10F
004
-'~'-"'---'I.on*Ipo- .~~ f 89
~,h:. PROJECT NO..:
1IIIl...,u....... ~=_"".r.''';''''=H.~'::.n.___ 09/2003 N6()15-()()!J-OOO
Sop la. 2003 - 15:11:47 lllAMUREJX:\SUR\/l801 11\851 ""1 OG.dwv
, --
~""_.-- -"'~---'-'''-'''.
I
n I
GOLDEN GATE ESTATES r-... Ii I
UNIT NO. 2 ~ I
P.B. 4, PAGE 75 ci I -;l
Ii z
<(
TRACT '0 u
-------------~---------------------------- L31 I.Jl 0 ..-
10
0 .....,. 0> .1
q
N ... Ii
0 OJ 10 I
--.l t.i Ol I U
N ~ I l--J
ro1 u
FEE SIMPlE r ~ L.
INTEREST VI Ol
VI Ut I
0
0 I
l32 . I
P.O.B. I
I
I I
1 I
CURVE DELTA CHORD BEARING
C7 0'49'16" NOS31'10"W
LEGAL DESCRIPTION NOTES:
A portion of the South 165 feet of T roct 117 Golden
Gate Estates Unit NO.2, Plat Book 4 Page, Page 75 1- This is not a survey.
and 76, of the Public Records of Collier County,
Florida. being more particularly described os follows: 2. Basis of bearin9 is the West line of County
Beginning at the Southeast corner of Tract 117; Road 951 (C.R. 951) being N 00'28'32" W, Florida
thence S.89'31'28"W., along the South line of tract State Plane Coordinates NAn 83/90, East Zone.
117 0 distance of 33.63 feet; thence N.OS55' 48"W., 3. Subject to easements, reservations and
a distance of 68.89 feet to 0 point of curve to the restrictions or record.
I right having a radius of 6,726.00 feet and 0 central
I angle of 00"49'16" and being subtended by 0 chord 4. Eosements shown hereon are per plot, unless
which bears N.OS3t'10"W. 96.37 feet; thence otherwise noted.
northerly along the arc a distance at 96.38 feet; to
its intersection with the North line at the South 165 5. ROW represents Right-ot-Way.
feet of Troct 117; thence N.89'31'28"E., along said 6. P.O.B. represents Point of Beginning.
North line 0 distance at 42,90 feet to its intersection 7. P.O.C. represents Point of Commencement.
with the Easterly line of said Troct t 17; thence 8. O.R. represents Official Records.
S.00'28'32"E.. along the East line of said Tract 1170 9. L.B.E. represents Landscape Buffer Easement.
distance of 165.00 feet to the POINT OF BEGINNING. 10. V.E. represents Utility Easement.
Containing 6,349.39 square feel or 0.1458 acres,
more or less. 4
a. LINE TABLE
LINE LENGTH BEARING
LJl 42.90 N89'31'28"E
L32 33.63 S89' 31' 28"W
't-.J 3 -0 J (DATE SIGNED) LJ3 68.89 NOS 55' 48"W
NOT VALID WITHOUT THE SIGNATURE AND THE N
ORGINAl RAlSIiD SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
CERTIfiCATE OF AUTHORIZATION LB #43
~- I I
. 25 50 '00 200
GRAPHIC' SCALE
REVISED 09/22/03
PRCJ[CT NO.: 65061 fWIC[L NO. : 106
Wil."iller-'~- 10F
004
1'Imoro-s--. ,Eocltlpolr .....,.,..~~ .~~ f89
MIcnIIIr, h::.
.Ipt. lid.... . _ . _. r.,. PRO.Jl:CT 110.
_.....1"'1.... .....__.__.,._.__ 09/zoro N6015-oos-aoo
Sop 22. 2003 - 1 ~:oe:~1 IIWMlElX:\SllR\NeOl ~151 odlOO.dwo)
~.~-
TEMPORARY I
TRACT CONSTRUCTION EASEMENT I
(DURATION: 3 YEARS FROM
- @ COMMENCEMENT OF CONSTRUCTION) ~ I
I
~
0
...--- Ii
GOLDEN GATE ESTATES 3i
0 -l
UNIT NO, 2 <: I
Ii z
P.B. 4, PAGE 75 <: I
0 I u
0 I ..-
- 10
'-" Ol
.- cC.
TRACT 10
------------C2~~---------------------------- Ol V
Ii ~
c..i
~
I
I I
TRACT I
@ I
I
CURVE DELTA CHORD BEARING
C8 0-49'23" NOj31 '06"W
,_. 0'49'16" 503"31'10"E
NOTES:
1. This is not a survey.
Commencing at the Southeast corner of Tract "7; thence 2. Basis of bearing is the West line of County
S.8!r31'28"W. along the South line of sold Tract 1 17, a Rood 951 (C.R. 951) being N 00'28'32" W. Florida
distance of 33.63 feet to the POINT OF BEGINNING; thence State Plane Coordinates NAD 83/90, C~" ::;)ne.
continue S.89'31'28"W. along said South line, a distance of 3. Subject to easements, reservations and
5.01 feet; thence N.D3'55' 48"W., a distance of 68.59 feet to
a point of curve to the right having a radius of 6,730.47 restrictions or record.
feet and a central angle of 00'49'23" and being subtended 4. Easements shown hereon are per plat, unless
by a chord which bears N.03'31'06"W. 96.67 feet; thence otherwise noted.
northerly along the arc a distance of 96.67 feet to its
intersection with the North line Qf the South 165 feet of 5. ROW represents Right-Of-Way.
Tract 117; thence N.89'31'28"E. along said North line, a 6. P.O,B. represents Point of Beginning,
distance of 5.01 feet to the point of curve of a non 7. P.O.C. represents Point of Commencement.
tangent curve to the left, of which the radius point lies 8. O.R. represents Official Records.
N.86'53'2S"E., a radial llistance of 6,725.47 feet; thence 9. LB.E. represents Landscape Buffer Easement.
southerly along the arc, through a central angle of 10. U.E. represents Utility Easement.
00'49'16. and 0 chord which bears S.03'31'10"E. 96.37 feet,
a distance of 96.37; thence S.03'55' 48"E.. 0 distance of
;'68.89 o the POINT OF BEGINNING. 4
Cant 27.14 squar feet or 0.0190 acres, more or
res '.
ANDREW 8. BECK, P :S:M. (FOR THE FIRM)
FLORIDA L1C. NO. 606$ LINE
I /~~~ 7 (DATE SIGNED) L88
L89 N
NOT VALID WrrHOllT THE', SIGNATURE AND THE
ORGINAL RAlSEl;l,SEAL OF A FLORIDA LICENSED
SURVEYOR ,AND' MAPPER. ~ I 1
CERTIFICATE OF AUTHORIZATION La #43
. ~ 50 100 200
REVISED 10-13-03 - REVISED DESCRIPTION GRAPHIC SCAlE
REVISED 09 24 03
-.. I'ROoJtCI' NO. PMCEL NO. : 706
65061 COLUER COUNTY DEPARTMENT
Wils;nlfiller.-~PO- OF TRANSPORTATION
~enda Item No, OF
-'&ut-..~ '_._.'I.aodoap_,___-. SKETCH 8& DESCRIP N May 25, 04
~Ilc PROJECT No.: 89
.....LtIl.... ...=_""':-.,.;.~':::'- __ 09/2OOJ N6015-OOS-000
, Sop 25, 200Ji - 1~ IlWlUREJX;\SUR\NeOl$\"'lIdl00.dwg
.-.-. ..~..-
I h I
I:XHI~'T ~ I
FEE SIMPlE I
PQ~' 01 INTEREST I ~
- q
,.....
~ 0:::
0 -I
<(
ci ~ I
-------------~~~-------------------------------- a ()
0 I .-- I
.- 10
........ I (])
.- ci
10
GOLDEN GATE ESTATES (]) U
UNIT NO, 2 ci ~
U
P,8, 4, PAGE 75 P.O.B. L-.I
L29 (f) I
0
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I\)
ll!.
l.H I
I\) ,
(") :
fTI I
m I
~ I
0>
(]I
TRACT _____ 0
o.
-----------<:117:)------------------------ L30 J
CURVE DELTA CHORD BEARING
C6 1'Z4'23" S02"24'21"[
LEGAl DESCRIPTION NOTES,
A portion of the North l/Z Tract 117 Golden Gote Estates
Unit No.2, Plot Book 4 Page, Page 75-76, of the 1. This is not 0 survey.
Public Records of Collier County, Florida, being
more particularly described os follows: 2. Basis of bearing is the West line of County
Beginning at the Northeast comer of said Tract 117; Rood 951 (C.R. 951) being N,00"28'32" W, Florida
thence S,00"28'J2"E. along the East line of said Tract State Plane Coordinates NAn 83/90, East Zone.
117, 0 distance of 165.00 feet; thence S.89'31'Z8"W.
along the South line of the North 1/2 of said Tract 3. Subject to easements. reservations and
117, 0 distance of 42,90 feet to the point of curve restrictions or record.
of 0 non tangent curve to the right. of which the 4. Easements shown hereon ore per plot, unless
radius point lies N.86'53'Z8"E., 0 radial distance of
6,726.00 feet; thence northerly along the arc, through otherwise noted.
o central angle of 01'24'23" and being subtended by 5. ROW represents Right-of-Way.
o chord which bears N.02"Z4'21"W. 165.09 feet, 0 6. P .O.B. represents Point of Beginning,
distance of 165.10 feet to its intersection with the 7, P.O,C. represents Point of Commencement.
North line of said Tract 117; thence N.89'31'28"E, 6. O,R, represents OffICial Records.
along the North line of said Tract 117, 0 distance of 9. LB.E. represents Landscape Buffer Easement.
46.46 feet to the POINT OF BEGINNING. 10. U.E. represents Utility Easement,
Containing 7,59Z.96 square leet or 0.1743 acres,
more or less. ~
OA~a{,'/igo, 'HE m_) LINE BEARING
L29 N89'31'28"E .
flORIDA, LlC.. ~.o. 5~~4, L30 S69'31'26"W
cj-f7~qy , (DATE SIGNED)
NOT VALID -WITl:lOUT, THE SIGNATURE AND THE N
ORGINAL RAISE!) SEAl OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
~ I
0 .. 50' .... 200
GRAPHIC SCAlE:
PRO.IECT NO.: 65061 PARCO- NO. : 107 COWER COUNTY DEPARTMENT
WiI.Mille,----- OF TRANSPORTATION
10F
004
-.e-...,....,......,... .~_ .~~ f89
MocrMIr, tic
_.Ilol......._._..... P!lOJECT NO"
.....""'-...---.--.""-.-- 09/2003 N6075-D05-000
Sop 17, 2003 - 09:31:50 1I1.A1olURElX:\SUIl\N501 5\851 odl OO.dw9
TRACT S89'31'28"W! I
- @ 48.46' I I
I
=XHIBIT
qe 10 of I
'.-
\) 0
~ ~ I I
~ 0
:I
TRACT __________________ ___ ~
0
------------~---------- L91 "....., ex: I
117 ~ -l
q I <( I
0:: Z
<(
TEMPORARY -0 I u
GOLDEN GATE ESTATES CONSTRUCTION EASEMENT 0 ...
UNIT NO. 2 ... II)
(DURATION: 3 YEARS FROM ......., en
P,B. 4, PAGE 75 COMMENCEMENT OF CONSTRucn ) .- ex:
\I}
en U I
0:; I ~
u
TRACT L1
@
CURVE DELTA CHORD BEARING
Cl0 1'24'23" S02"24'20"E
Cl1 1'24'20" N02'24'15"W
LEGAL DESCRIPTION
.-, A portion of the North 165 feet of Tract 117 NOTES:
Golden Gate Estates Unit No.2, Plat Book 4,
Pages 75-76, of the Public Records of Collier 1. This is not 0 survey,
County, Florida, being more particularly described
as follows: 2. Basis of bearing is the West line of County
Commencing at the Northeast corner of Tract Road 951 (C,R. 951) being N 00'28'32" W, Florida
117; thence S,89'31'28"W. along the North line of State Plane Coordinates NAD 83/90. East Zone.
Tract 117, 0 distance of 48.46 feet to the POINT 3. Subject to easements, reservations and
OF BEGINNING; said paint also being the beginning restrictions or record,
of a curve to the left. of which the radius point
lies N,88'17'52"E,. a radiol distance of 6,725.47 4, Easements shown hereon are per plot, unless,
feet; thence southerly along the ore. through 0 otherwise noted.
central angle of 01'24'23" and being subtended
by 0 chord which bears S,02'24'20"E 165.09 feet, 5. ROW represents Right-of-Way.,
a distance of 165.10 feet to its intersection with 6. P.O.B. represents Point of Beginning.
the South line of the North 165 feet of Tract 7. P,O,C. represents Point of Commencement.
117; thence S,89'31'28"W. along said South line, 8. O.R, represents Official Records.
o distance of 5.01 feet to the point of curve of 9. L.B,E, represents Landscape Buffer Easement.
o non tangent curve to the right, of which the 10. V.E. represents Utility Easement.
radius point lies N,86'53' 35"E.. a radial distance
of 6,730.47 feet; thence northerly along the ore.
through a central angle of 01'24'20. and being LINE BEARING
subtended by 0 chord which bears N02'24'15"W L90 N89'31'28"E
165.09 feet. 0 distance of 165,10 feet to its
intersection with the North line of Tract 117; L91 S89'31'2B"W
thence N,89' 31'28"E. along said North line, 0
distance of 5.00 feet to the POINT OF BEGINNING,
Containing 826.39 square feet or 0.0190 acres.
more or less.
f5/
t1-J--Cf--o, (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE I
ORGINAL RAISED SEAl OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643 REVISED zoo
-
PAOJECT HO.: 65051 PMCfl. NO. : 707
Wil"Miller.'~U.- SKE:TCH de DESCRIPTION
-'~.~............~_.~~
MIocrMIor, t>c PROJ(CT NO.:
...../lrt....._._.,_
__~....Jlll~__.__."'_.___ 09/2ooJ N601!J-005-000
Sop 24, 2003 - 14:17~ IIWo1UllEIX:\SVR\NlOl S\SS1 0011 OO.dwg
-- _._- -.-..--
h I
I
LINE TABLE I
LINE LENGTH BEARING I ~
L25 50.00 N89'31'28"E 0
..--. ri
L26 48.46 S89'31'28"W ~
-.J
L28 21.04 NoO'28'32"W q <(
0:: Z I
Tract <(
'0 u
--------------~------------------------r= a I I
q 0
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OJ LO '-'" I en
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en u
FEE SIMPlE w 0:: ~
INTEREST (J
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01
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L26 Vl
GOLDEN GATE ESTATES
UNIT NO, 2 I
P.B. 4, PAGE 75 I I
I
--------------------------------------------------
I
CURVE DELTA CHORD BEARING
C5 1'13'35" Nor05'21 "W
NOTES:
LEGAL DESCRIPTION 1. This is not 0 survey,
A portion of the South 1/2 of Tract 116 Golden Gate Estates
Unit No,2, Plot Book 4, Page 75-76, of the Public Records of 2. 8asis of bearing is the West line of County
Collier County, Rood 951 (CR. 951) being N 00'28'32" W, Florida
Florida, being more particularly described os follows: State Plane Coordinates NAD 83/90, East Zone.
BEGINNING at the Southeast corner of tract 116; 3. Subject to easements. reservations and
Thence South 89'31'28" West along the South line of Tract 116
o distance of 48.46 feet; Thence 143.97 feet along the ore of restrictions or record.
a non-tangential circular curve concave east having 0 radius 4. Easements shown hereon ore per plot. unless
of 6,725.47 feet through a central angle of 01'13'35" and otherwise noted. I
being subtended by 0 chord which bears North 01'05'21" West
143.97 feet; Thence North 00'28'32" West 0 distance of 21.04 5. ROW represents Right-of-Way.
feet to its intersection with the North line of the South 1/2 of 6, P,O,B, represents Point of Beginning,
Tract 116; Thence North 89'31'26" East, along said North line 7. P.O.C. represents Point of Commencement.
o distance of 50,00 feet; 8. O.R. represents Official Records.
Thence South 00'26'32" East. along the East line of Tract 116, 9, L.8,E. represents Landscape Buffer Easement.
a distance of 165.00 feet to the POINT OF BEGINNING. 10. U,E, represents Utility Easement.
Containing 0.1877 acres or 8,175.26 square feel. more or less. +
(DATE SIGNED) N
NOT VAlID WITHOUT THE SIGNATURE AND THE
ORGINAL RNSED SEAL OF A FlORIDA LICENSED
SURVEYOR AND MAPPER. ".- I
CERTIFICATE OF AUTHORIZATION LB #43
0 25 50 '00 200
GRAPHIC SCAlE
PAl)JtCT NO.: 65061 PARCO. He. : 108 COLLIER COUNTY DEPARTMENT
Wil.Millei.-~-- OF TRANSPORTATION
Agen 10F
-,~,~,,,,-",t.dap_.~~ SKETCH &: DESCRIPTION 004
~,h:. f 89
......""....._._.. PROJE.CT NO.:
aMrlMl"'. ....__.,... _."" _. ___ 09/200J N6015-0OS-OOO
.,. 22. :!OOJ - 11:36-..5a ltlAI.IIlRflX:\SIJR\Neol5\lI~l.dl OO.d"ll
----------------~ ~
EXHIBIT
Page-Ll.. Of--fR1\ i CONSTRUCTION EASEMENT I
CT I (DURATION: 3 YEARS FROM
I COMMENCEMENT OF CONSTRUCTION) h
@!
,-
I
0 I
0 I ci
GOLDEN GATE ESTATES ~ ..J
q I ..:
UNIT NO. 2 IY Z
<(
P,S. 4, PAGE 75 '0 <..>
0 ~
~ 10
"-" CJl I
TRACT ~4 ~
-- 10 I IY I
-----------~~~---------------------------~ ~ CJl U
~ I Lj
Y
o 0
N t...I I
S89'31'28"W I
48.46' I
I
TRACT L92 J
@ I
P.O,S. I
CURVE DELTA CHORD BEARING
C12 1'13'32" N01'05'19'"W
C13 1'13'35" SOl'05'21"E
LEGAl DESCRIPTION NOTES:
A portion of the South 1/2 of Tract 116 Golden
Gate Estates Unit No.2, Plat Book 4, Pages 75-75, 1. This is not a survey.
.,- of the Public Records of Collier County, Florida, being
more particularly described as follows: 2. Basis of bearing is the West line of County
Commencing at the Southeast corner of Tract 115; Rood 951 (C,R, 951) being N 00'28'32" W, Florida
thence S.69'31 '28"W, along the South line of Tract State Plane Coordinates NAD 83/90, East Zone.
116, 0 distance of 48.46 feet to the POINT OF 3. Subject to easements, reservations and
BEGINNING; thence continue S.89'31 '28"W, along said
line, 0 distance of 5.00 feet to the point of curve of restrictions or record.
a non tangent CUrve to the right of which the radius 4. Easements shown hereon are per plot, unless
point lies N.88'47'55"E., 0 radial distance of 6,730.47
feet; thence northerly along the arc, through a otherwise noted.
central angle of 01'13'32" and being subtended by 0 5, ROW represents Right-of-Way,
chord which bears N.Ol'05'19"W. 143.97 feet, 0 5. P .O,B. represents Paint of Beginning.
distance of 143,97 feet; thence N.00'28'32"W., a 7. P,O,C. represents Point of Commencement.
distance of 21.04 feet to its intersection with the 8, O.R. represents Official Records,
North line of the South 1/2 of Tract 116; thence 9. L.B.E. represents Landscape Buffer Easement.
N,89'31 '28"E, along said North line, a distance of 10. U.E. represents Utility Easement.
5.00 feet; thence S.00'28'32"E., 0 distance of 21.04
feet to 0 point of curve to the left having 0 radius
of 6,725.47 feet; thence southerly along the ore,
through 0 central angle of 01'13'35" and being
subtended by 0 chord which bears S.01'05'21 "E.
143.97 feet, 0 distance of 143.97 feet to the POINT
OF BEGINNING,
Containing 825,05 square feet or 0,0189 acres, more
or less. 4
LINE TABLE
LINE LENGTH BEARING
L92 5.00 S89'31'28"w
L93 21.04 NOO'28'32"w
'1-: j. ~ ;(J3 L94 5,00 N89'31 '28"E
(DATE SIGNED) L95 21.04 S00'28'32"E N
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FlORIDA LICENSED ~ I I
SURVEYOR ANO MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 .. '" 100 200
REVISED 09/24/03 GRAPHIC SCALE
_. P1tOJECT NO..: 65061 rARCll. NO. : 708 COLLIER COUNTY DEPARTMENT
Wi"Miller-'~- OF TRANSPORTATION
10F
004
_.a--..-............,.,..~_.~~ f 89
~~
........,...._._.r_ PROJtCT NO.:
-...,lIoI.... ,-.__,__.,._. ___ 09/200J N6015-005-000
Sop 2~ 2003 - 14;17:05 1IVoMURf:\X:\SUR\NeOl S\151 0011 OO.ctwv
,..,-_. ---_..._,.... -----" ^-- --..-.------.-.--
-- .-
I FEE SIMPlE h I
I INTEREST
I
I
I I
I
I ::: I
I GOLDEN GATE ESTATES I 0
I
I I 0::
I UNIT NO, 2
I P,B. 4, PAGE 75 -l
I 4:
I Z
1 4:
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0 -
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Ol Ol
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TRACT 0 0
o. I I
-CEV----- . L48
-------
------
116 I
I
I I
I
1
LINE BEARING
L47 N89'31'2S"E
L48 S89' 31'28"W
LEGAL DESCRIPTION NOTES:
A portion at the North 1/2 at
Tract 116 Golden Gate Estates 1. This is not a survey,
Unit No.2, Plat Book 4, Page 75
ond 76, Public Records ot Collier 2. Basis ot bearing is the West line of County
County, Florida, being more Road 951 (C.R. 951) being N 00'28'32" W, Florida
porticularly described as follows: State Plane Coordinates NAD 83/90, Eost Zone,
Beginning at the Nor~heast corner of 3. Subject to easements, reservations and
Tract 116; thence S.00'28'32"E, restrictions or record.
along the East line ot Tract 116, a
I distance of 165.00 teet to its 4. Easements shown hereon are per plat, unless
intersection with the South line of otherwise noted,
the North 1/2 of Tract 116; thence
S.89'31'28"w. along said South line, 5, ROW represents Right-ot-Way.
o distance of 50.00 feet; thence 6. P.O.B, represents Point of Beginning.
N.00'28'32"W., a distance of 165,00 7. P .O.C. represents Point of Commencement.
feet to its intersection with the North 8. O.R. represents Official Records.
line of Tract 116; thence 9. L.B.E, represents Landscape Buffer Easement.
N.S9'31'28"E. along said North line. 10, U,E. represents Utility Easement.
o distance ot 50.00 teet to the
POINT OF BEGINNING. +
Containing 8,250.00 square feet or
0.1894 acres. more or less
N
Q-'7'O} (DATE SIGNED) . I
NOT VAUo W1THOUT~ THE SIGNATURE AND THE ~- I
ORGINAl RAISED SEAL OF A F'LORIDA LICENSED 0 25 50 '00 200
SURVEYOR AND MAPPER. GRAPHIC SCALE
CERTIFlCATE OF' AUTHORIZATION LB #43 .--
PROJECT NO.: 65061 PNICO. NO. : 109 COLLIER COUNTY DEPARTMENT
___".lllJll~ OF TRANSPORT AnON
WiI.Miller gen 10F
SKITCH & DESCRIPnON 004
-'8lINn'&oollsIIoIo'~'~_'~~ f 89
..' ",,~::!:f.',t;;... , '- PItDJCCT NO.:
lIJI.....lAol.....~__."""_.,._.____ 09/2ooJ N60t5-oo5-000
P.O.B, 589'31 '28"W'
50.00' I
L97
,- z Ul I
0 0
0 0
TEMPORARY N N I I
(Xl (Xl
CONSTRUCTION EASEMENT U tH I
(DURATION: 3 YEARS FROM tv tv
COMMENCEMENT OF CONSTRUCTION) ~ ,..,; h
~ ~
(]l (]l
!J' U1 I
0 0
TRACT ________________S s,__ I ?i I
----------------------------- L96
. @ 0
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UNIT NO. 2 0 ~
P.B. 4, PAGE 75 ....... to I
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en .'
TRACT LI LJ
@
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LINE BEARING
L96 S89'31 '2B"W
L97 NB9'31'2B-E
LEGAL DESCRIPTION
.- A portion of the North 1/2 of Tract NOTES:
116 Golden Gate Estates Unit No.2,
Plot Book 4. Pages 75-76, of the 1, This is not 0 survey.
Public Records of Collier County,
Florida, being more particularly 2. Basis of beoring is the West line of County
described os follows: Rood 951 (C.R. 951) being N 00'28'32- W, Florida
Commencing at the Northeast corner State Plane Coordinates NAD 83/90, East Zone.
of Tract 116; thence S.89'31'2B-W. 3, Subject to easements, rese.rvotions and
along the North line of Tract 116, 0 restrictions or record.
distance of 50.00 feet to the POINT
OF BEGINNING; thence S,OO'28'32-E., 4. Easements shown hereon ore per plot, unless
o distonce of 165.00 feet to its otherwise noted.
intersection with the South line of
the North 1/2 of Tract 116; thence 5. ROW represents Right-of-Way,
!;.89'31'28"W, along said South line, 6, P,O,B. represents Point of Beginning.
o distance of 5.00 feet; thence 7, P .O.C. represents Point of Commencement.
N.00'2S'32"W., 0 distance of 165.00 B, O,R. represents Official Records.
feet to its intersection with the North 9, L.B,E. represents Landscape Buffer Easement.
line of Tract 116; thence 10. U.E. represents Utility Easement.
N.e9'31 '2e-E. olong said North line, 0
distance of 5.00 feet to the POINT
OF BEGINNING.
Containing 825.00 square feet or
0.0189 acres, more or less
+
1-;'3-0; (DATE SIGNED) N
NOT VALID WITHQUT THE SIGNATURE AND THE 'r.- I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION La 1143 0 :IS so lOll 20Il
GRAPHIC SCAlE
PJtO"IICT NO.1 65061 PARCEl. NO. : 709 COWER COUf'ofTY DEPARTMENT
-
Wi,.MII'ei..AUW- OF TRANSPORTATION
-,s--. '&clogiIIl,___.~.-.- ,~~
~,~ PROJtcT NO.:
--~.....'-=#",.;.,~~'=-,--- 09/ZOOJ N60 1~-OO~-OOO
Sop I" ~ - 1;';40:$4 1IUiIIllII$:\SUR\NIIOI~\"1 lIdl OO.dwt
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~ I
INTEREST GOLDEN GATE ESTATES I ci
UNIT NO. 2 ,-... ~
:i I
P.B. 4, PAGE 75 -!
0 <:
TRACT ______________ L50 ~ z
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----------------- -z (J') .0 ()
------------ ~ S 0 0 ~ I
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N N m I ()
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111 ~
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Cll
-------------!=l
3RD AVE. N.W. 0
0 I
I L49
- - - - -1- - - - - - - -
J
I
I
I
I I
I
I
I I I
I
I I
I I
I
I I
LINE BEARING
L49 S89'31'28"W
LSD N89'31'28"E
LEGAL DESCRIPTION NOTES:
A portion of the South 180 feet of
Tract 114 Golden Gate Estates 1, This is not 0 survey.
Unit No.2, Plat Book 4, Page 75
and 76, Public Records of Collier 2. Basis of bearing is the West line of County
County, Florida, being more
particularly described os follows: Rood 951 (C,R. 951) being N 00'28'32. W, Florida
Beginning at the Southeast corner State Plane Coordinates NAD 83/90, East Zone.
of Tract 114; thence S.89'31'28"W. 3, Subject to easements, reservotions and
along the South line of Trect 114, restrictions or record,
o distance of 64.00 feet; thence
N,OO'28'32"W., a distance of 4. Easements shown hereon are- per plat, unless
180.00 feet to its intersection with otherwise noted.
the North line of the South 1/2 5. ROW represents Right-of-Way.
of Tract 114; thence N.89'31'28.E.
along said North line, a distance 6. P.O,B. represents Point of Beginning,
of 64.00 feet to its intersection 7. P,O.C. represents Point of Commencement.
with the Easterly line of Tract 114; 8. O.R. represents Official Records.
thence S,00"2B'32.E. along the 9. L.B,E. represents Landscape Buffer Easement.
east line of Tract 114, a distance 10. U.E. represents Utility Eosement.
of 1 BO.OO feet to the POINT OF
BEGINNING, ~
Containing 11,520.00 square feet
or 0.2645 acres. more or less.
M
1'-17-03 (DATE SIGNED)
NOT VAUD WITHOUT THE SIGNATURE AND THE ~- I I
ORGINAL RAISED SEAL OF A flORIDA UCENSED
SURVEYOR AND MAPPER. 0 2. 50 lDO 2llD
CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE
PROJECT NO.: 65061 PARCO. NO. : 117 COLUER COUNTY DEPARTMENT
Wil.Miller'.'~- OF TRANSPORTAnON
10F
004
_.~.--.----.~_.~~ f 89
~tlc:
..... ,.,..... - . _. '- -..n:T NCb
-_u....... .___.__.""_. ___ 09/200:J N60/5-005-000
rl
-~;ID
. --.-
~~ ~
CONSTRUCTION EASEMENT ~ g
_ (DURATION: 3 YEARS FROM (Jl N
COMMENCEMENTOFCONSTRucnON) S89'31'2~"\W ~ 5 I
64.00 . N, I
___________IBJ~~T__________________________~~~o ~__ _ rTJ I
@ ~
r I .
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8 ~ I ci
r:- ci
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0:: <:
- - - - - - - - - - - - l102 - u
3RD AVE. N.W. g I ..-
..- 1.0
I '-" Ol
_1_____--- ..- I
----- I 1.0 0::
I Ol .
I U
I .
TRACT I GOLDEN GATE ESTATES ~ l
I UNIT NO. 2 I I ~
@ I P.B. 4, PAGE 75 ~
! I
LINE TABLE
LEGAl DESCRIPTION LINE LENGTH BEARING
A portion of the South 180 feet of Tract L100 5.00 N89'31'28"E
114 Golden Gate Estates Unit No.2, Plat L101 150,00 SOO'28'32"E
Book 4, Pages 75-76, of the Collier " Ll02 5,00 S89'31'28"W
County, Florida, being more particularly L103 150.00 N00'28'32"W
_ descnbed as follows:
Commencing at the Northeast corner of NOTES:
Tract 114; thence S,OO'26'32"E. along the
East line of Tract 114, a distance of 1. This is not 0 survey.
150,00 feet to its intersection with the
North line of the South 180 feet of Tract 2, Basis of bearing is the Wesl line of County
114; thence S.89'31'28"W, along said Rood 951 (C.R. 951) being N 00'26'32" W, Florida
North line, 0 distance of 64.00 feet to State Plane Coordinates NAD 83/90, East Zone,
the POINT OF BEGINNING; thence
S.00'28'32"E., a distance of 150,00 feet 3, Subject to easements. reservations and
to its intersection with the North line of restrictions or record.
the right-of-way easement of 3RD AVE.
N.W.; thence S.89'31'28"W. along said 4, Easements shown hereon are per plat, unless
North line, 0 distance of 5.00 feet; otherwise noted,
thence N,OO'28'32"W" a distance of '
150.00 feet to its intersection with the 5. ROW represents Right-of-Way.
North line of the South 180 feet of Tract 6, P.O.B. represents Point of Beginning,
114; thence N.89'31'28"E. along said 7. P,O.C. represents r::o~nt of CQmmencement.
North line, 0 distance of 5,00 feet to the 8. O.R. represents OffICIal Records,
POINT OF BEGINNING. 9. L.B.E. represents Landscape Buffer Easement.
Containing 750.00 square feet or 0.0172 10. U.E. represents Utility Easement.
ccres. more or less.
IT.. ' '"" "" A'") A "
. NO': 5834 If-
q';.. J '3-0 J (DATE SIGNED) N
NOT VALlI), WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A flORIDA L1CENSEO ...- I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 2'" 100 200
GRAPHIC SCALE
_ P1lOoJrcr NO; 65061 PAAeD. NO. , 711
Wil"Millel.'~W- 10F
-.. e.-..__. ____..........._. >>--.~ 004
....flIf~~..~.'- PIlOJECT NO" f 89
....,u.............__.__.""_.___ 09/200J NS015-005-000
lop ". ~ - 11:2.:40 lIlAMURflX:\SUR\,M801!1\8!11lldl00.d",
~---_.. - ---~
FEE SIMPlE h I
INTEREST I
GOLDEN GATE ESTATES I
UNIT NO, 2 I ~
P.B. 4, PAGE 75 I q
z n::
q ....J
<(
N Z
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VJ I
N -
~ - I U) I
......- m
112 - I ci
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U1 U1
TRACT ___________ ? 0 ci LJ
0 u
---------------~---------- 0 L51 o.
- LJ1
114
I
I
- - - - - - 3RD AVE~N.W.-- I
I I
I I
-----1--------
I I
I
I
I
LINE TABLE
LINE I LENGTH I BEARING
L511 60.00T. 589' 31'28"w
L521 60,ooT N89'31'28"E
LEGAL DESCRIPTION NOTES:
A portion of the North 150 feet of
Tract 114 Golden Gate Estates 1. This is not 0 survey.
Unit No.2, Plot Book 4, Page 75
and 76, Public Records of Collier 2. Basis of bearing is the West line of County
County, Florida. being more Road 951 (C.R. 951) being N 00'28'32" W, Florida
particularly described as follows: State Plane Coordinates NAD 83/90, East Zone,
Beginning at the Northeast corner of 3. Subject to easements, reservations and
Tract 114; thence S.00'28'32"E. along restrictions or record.
the East line of Tract 114, 0 distance
of 150.00 feet to its intersection with 4, Easements shown hereon ore per plot, unless
the South line of the North 150 feet otherwise noted.
of Tract 114; thence S.89'31'28"w,
along said South line, 0 distance of 5, ROW represents Right-of-Way.
60.00 feet; thence N.00'28'32"w., a 6, P.O.B. represents Point of Beginning,
distance of 150,00 feet to its 7. P.Q,C. represents Point of Commencement. I
intersection with the North line of Tract 8. O,R. represents Official Records, I
114; thence N,89'31'2B'E. along the 9. L.B.E. represents Landscape Buffer Easement.
North line of Tract 114, a distance of 10. U,E, represents Utility Easement.
60.00 feet to the POINT OF BEGINNING.
Containing 9,000.00 square feet or ~
0,2066 acres, more or less
N
q-Il'() 'j (DATE SIGNED)
NOT VALlO WITHOUT THE SIGNATURE AND THE 1-- I
ORGINAL RAISED S.EAl OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 20 50 IDO 200
CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE
PROJECT NO..: 65061 PARCU. NO. : 112
........ .IU"'~
Wil.Miller 10F
004
- '~'&%gIoII.......,...~- .~~ f 89
WIIordor, h:.
_.FIrt....._._.r_ PltOJ[CT NO.:
....,U....lIlI.___ .__."._. ___ 09/2003 N60/5-005-<<JO
589'31 '28''W1 I
OLDEN GATE ESTATES 60,00' I I
UNIT NO. 2 P
P.B. 4, PAGE 75 1107 I
.-
I
c:~ I
00 I
~~
PARCEL :--7
712
TRACT ____________ ____ :5i
.----------------------------------- L105 0
@ r:- ei I
~ ....J I
TEMPORARY q I <:
0:: z
CONSTRUCTION EASEMENl <:
(DURATION: 3 YEARS FROM .0 I u
COMMENCEMENT OF CONSTRUe'i Ie' 0 ......
...... LC)
......,. m
......
LC) (~ I
-------------- m U
3RD AVE. N.W. 0:: ~
I
I 0
- - - - - -\- - - - - - - - ~
TRACT I
I
@ I
I
I .
LINE TABLE
LINE LENGTH BEARING
L104 150.00 500'28'32"E
L105 5.00 S89'31'28"W
LEGAL DESCRIPTION L106 150.00 NO<T28'32"W
A portion of the North 150 feet of L107 5.00 N89'31'28"E
.- Tract 114 Golden Gate Estates Unit
No.2, Plot Book 4, Page 75-76, of
the Public Records of Collier County, NOTES:
Florida, being more particularly
described os follows: 1. This is not 0 survey,
Commencing at the Northeast corner 2. Basis of bearing is the West line of County
of Tract 114; thence S,89'31'28"W. Rood 951 (C.R. 951) being N 00'28'32" W, Florida
along the the North line of Tract 114, State Plane Coordinates NAD 83/90, East Zone.
o distance of 60,00 feet to the
POINT OF BEGINNING; thence 3. Subject to easements, reservations and
5,OO'28'32"E., 0 distance of 150.00 restrictions or record.
feet to its intersection with the South
line of the North 150 feet of Tract 4. Easements shown hereon ore per plot, unless
114; thence S.89'31'28"W. along said otherwise noted.
South line, 0 distance of 5.00 feet;
thence N.00'28'32"W., 0 distance of 5. ROW represents Right-of-Way,
150.00 feet to its intersection with 6, P.O.B. represents Point of Beginninc;;
the North line of Tract 114; thence 7. P,O.C. represents Point of Commencement.
N.89'31'28"E. along said North line, 0 8. OR, represents Official Records,
distance of 5.00 feet to the POINT 9. L.B.E. represents Landscape Buffer Easement.
OF BEGINNING. 10, U.E. represents Utility Easement.
Contoining 750.00 square feet or
0.0172 acres, mare or less.
b~~'"" ~
DAVID J. YATT.~ (~OR THE FIRM)
FLORIDA lIC. NO. 5834
q - }- J,,-()} (bATE SIGNED) N
'. .~
NOT VALID WITHOUT THE SIGNATURE AND THE '.- I
ORGINAL RAISED SEAL:.'OF A FLORIDA LICENSED
SURVEYOR AND 'MAPPER.
CERTIFICATE OF AUTHORIZATION LB '43 0 u "" 1DO 21lD
GRAPHIC SCALE
PRO.JfCT NO.: 65061 PARtIL NO. : 712 COLLIER COUNTY DEPARTMENT
~.
W;/"M;lle'--~~- OF TRANSPORTAnON
SKETCH &: DESCRIPnON
- . ~ . Ji:oIIsWo . .....,... .".,.,."._ . ~ ""--
l\'IIcr1Wor. he. PROJ(CT NO.:
.....""....._._.r_ 09/200.1
........"""....---.--.,.-..... -- N6015-005-000
lop ,., 2003 - '1:24:48 lllAMURE!X:\SUR\1l1lOlll\811' od1 CO.dwg
--
FEE SIMPLE h
INTEREST
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......... ci I
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GOLDEN GATE ESTATES q I -J.
0:: z
UNIT NO. 2 <(
P,B. 4, PAGE 75 "'0 u
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'-' 10
en I
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TRACT ______________________...2: L54 10 ci I
(f] en j <3
-------------- 0 0 ~
-------- @ ~ q 0:: I
IV <3
en L
c.i lH
IV IV
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113 I
~ I
en
(J1 I
0
L53
LINE BEARING I
L53 S89'31 '28"W I I
L54 N89' 31 '28"E
I I
LEGAL DESCRIPTION NOTES:
A portion of the South 1/2 of Troct
, 13 Golden Gate Estates Unit No.2. 1. This is not a survey.
Plot Book 4, Pages 75 and 76,
Collier County, Florida, being more 2. Basis of bearing is the West line of County
particularly described os follows: Road 951 (C,R, 951) being N 00"28'32" W, Florida
Beginning at the Southeast corner of State Plane Coordinates NAD 83/90, East Zone.
Tract 113; thence S.89'31'28"w, along 3, Subject to easements, reservations and
the South line of Tract 1 1 3, 0 restrictions or record.
distance of 55,00 feet; thence
N.00'2B'32"w" 0 distance of 165,00 4. Easements shown hereon ore per plot, unless
feet to it's intersection with the North otherwise noted.
line af the South , /2 of T roct 1 13; 5. ROW represents Right-of-Way,
thence N.89' 3,'28"E. along said North
line, 0 distance of 55,00 feet to its 6. P,O.B. represents Point of Beginning,
intersection with the Easterly line of 7. P.O.C, represents Point of Commencement.
Tract 113; thence S.00'28'32"E. olang 8. O.R. represents Official Records.
the East line of Tract 113, 0 distance 9. L.B.E, represents Landscape Buffer Easement.
of 165.00 feet to the POINT OF 10, U.E. represents Utility Easement.
BEGiNNING.
Containing 9,075,00 square feet or +
0.2083 acres, more or less
N
q ~/7CD} (DATE SIGNED)
NOT VALID WITHOllT THE SIGNATURE AND THE .,. I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, . 2. so 100 200
CERTIFICATE OF AUTHORIZATION LB 1/43 GRAPHIC SCALE
PRO.IECT NO,. 65061 PARCO.. NO. : 113 COLUER COUNTY DEPARTMENT
Wi_Miller-'~U.- OF TRANSPORTATION
10F
004
_.--..-. ......,.,..~- .~""-- f 89
~tlC
_.Iirt....._._.~ PftO..I[C'T NO.:
......LoIl......___.__.""_.___ 09/2003 N6015-005-000
'"" '" 2003 - 13;10-.32 1oIW.l\JRElX:\SUR\NllOI ~\g~I odl OO.cIwv
_,,,. .."""!. I Q
~ -ef--m. TEMPORARY
TRACT CONSTRUCTION EASEMENT h
(DURATION; 3 YEARS FROM
_ @ COMMENCEMENTOFCONSTRUGT"". I
I ~ I
o
o I a:
GOLDEN GATE ESTATES ~;;i
UNIT NO. 2 ~ z
P.B, 4, PAGE 75 . ()
g .- I
TRACT __________l-111 ~ I ~ I
.----------~------------------- ~ I ~
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o N '---.
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I
TRACT I
~ I I
I I
LINE TABLE
LINE LENGTH BEARING
Ll08 55,00 SB9'3"28"W
LEGAl DESCRIPTION L109 5.00 S89'31'28"W
A portion of the South 1/2 of Tract; L110 165,00 NOO'28'32"W
113 Golden Gate Estates Unit No, 2, L 111 5.00 N89'31'2B"E
Pages 75-76, of the Public Records L112 165,00 500'28'.32"E
- of Collier County, Florida, more
particularly described os follows:
. S th t NOTES:
Commencing at the ou eos comer
of Tract 113; thence S.69'.31'28"W. 1. This is not 0 survey.
olong the South line of Tract 113, a
distance of 55,00 feet ta !he POINT 2, Basis of bearing is the West line of County
01' ~EG!NNING; thence ~on:tnue Rood 951 (C.R. 951) being N 00'28'.32" W, Florida
5.89.31 28"W. along SOld hne, 0 State Plane Coordinates NAD 8.3/90, cC_, Zone,
distance of 5.00 feet; thence
N,OO'26'~2"iY', a di~torice. of 165.00 .3. Subject to easements, reservations and
feet to Its Intersection WIth the North restrictions or record.
line of the South 1/2 of Troct 113;
thence N.89'31'28"E. along said North 4. Easements shown hereon ore per plat, unless
line, a distance of 5.00 feet; thence otherwise noted.
S.0028'32"E., a distance of 165.00
feet to the POINT OF BEGINNING. 5, ROW represents Right-af-Way.
Contoining 825.00 squore feet or 6. P.O,S. represents Point af Beginning,
0.0189 acres, more or less 7. P.O.C. represents Point of Commencement.
6. O,R. represents Official Records.
9, L.B,E. represents Landscape Buffer Easement.
10. U.E. represents utility Easement.
+
'1 - 13 ':-0'" . (DATE SIGNED) N
NOT VAUD WrtHq.uT.,THE SIGNATURE AND THE I
ORGINAL RAISED SEAL 01' A FLORIDA LICENSED ~ I
SURVEYOR AND MAPPER. 0 ..50'.. 200
CERTIFlCATE OF AUTHORIZATION LB 1143 GRAPHIC SCALE
""""'" NO" 6506 f rARCIJ. NO. , 7 f J
- Wit""'~lle'''-~'''- 10F
~.Jr'J 004
-'I!IllIIon'~'--::~_'~co..- f 89
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GOLDEN GATE ESTATES L I
UNIT NO. 2 l I
P.B. 4, PAGE 75 I I
I
LINE BEARING I
L55 S89' 31 '28 "VI I
L56 N89'31'28"E I
I I
LEGAl DESCRIPTION NOTES:
A portion of the North 1/2 of Tract
113 Golden Gate Estates Unit No.2, 1. This is not 0 survey.
Plot Book 4, Pages 75 and 76,
Collier County, Florida, being more 2. Basis of bearing is the West line of County
particularly described os follows: Rood 951 (CR. 951) being N 00'28'32" W, Florida
State Plane Coordinates NAD 83/90, East Zone.
Beginning at the Northeast corner of
Tract 113; thence S.00'28'32"E. 3. Subject to easements, reservations and
along the East line of Tract 113, 0 restrictions or record.
distance of 165,00 feet to its
intersection with the South line of 4. Easements shown hereon ore per plot, unless
the North 1/2 of Tract 113; thence otherwise noted,
S,89' 31'28"W. along said South line, .
o distance of 55.00 leet. thence 5. ROW represents RIght-aI-Way.
N.OO'28'32"W., 0 distonc: 01 165,00 6. P,O,B. represents Po!nt of Beginning.
leet to its intersection with the 7, P.O.C, represents ~o~nt 01 Commencement.
North line 01 Tract 113; thence 8, O,R. represents OffiCIal Records.
N.89'31'28"L along the North line g, L.B.E, represents ~?ndscape Buffer Easement.
of Tract 113, 0 distance 01 55.00 10. U,E. represents Utility Easement.
feet to the POINT OF BEGINNING.
eo,t""" '.075.00 'q"ro f..t oc A
0.2083 ''''', =" " I.". t
N
1 -l 7 -(}J (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE '..- I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. . .. "" 100 200
CERTIFlCATE OF AUTHORIZATION LB /143 GRAPHIC SCAlE
PRClolECT NO" 65061 PAIICQ, NO. , 114 COLUER COUNTY DEPARTMENT
M~.MYJ~ _M......_ OF TRANSPORTATION
. Agenda Item N 10F
i lJ rj fir SKETCH & DESCRIPTION M 25 004
-'~'__''''''''''LMaapo_.~~ ay ,
""IIoI~="t;:..... PRClol[CT NO, f 89
-MrlAoo........__.__.,.,,_.___ 09/200:1 N60t5-oo5-OOO
s.p la,2003 - 15:11,47 IoIIAl\JREIX:\SUR\NllOl~g51odl00,d"9
TEMP
T CONSTRUCTION EASEMENT h
(DURATION: 3 YEARS FROM
~ COMMENCEMENT OF CONSTRUCTlr'
~ L117 I
,-
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:::: :::: 0 I ~
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ARCEL ~ ~
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TRACT ___________ ____ '--' I en
.----------CI2.'V------------------- L 11 5 ~ I 5
GOLDEN GATE ESTATES ~ . ~
UNIT NO. 2 '---
P,8. 4, PAGE 75 I I
I
TRACT I
@ I I
I I
LINE TABLE
LINE LENGTH BEARING
L113 55.00 SB9'31'28"W
LEGAL DESCRIPTION L114 165.00 SOO'2B'32"E
A portion of the North 1/2 of Tract L115 5.00 SB9'31'2B"W
113 Golden Gote Estates Unit No.2, L116 165.00 NOO'2B'32"W
Plot. Book 4, Pages 7~-76, of the L117 5,00 NB9'31'2B"E
.- Pubhc Records of Colher County,
Florida, being more porticularly
described os follows: NOTES:
Commencing at the Northeas~ corner 1. This is not 0 survey,
of Tract 113; thence S.89'31 28"W.
along the North line of Tract 113, 0 2, Basis of bearing is the West line of County
distance of 55.00 feet to :he, PO!NT Rood 951 (C,R. 951) being N 00'2B'32" W, Florida
OF BEGINNING; thence S.OO ~B 32 E., 0 Stote Plane Coordinates NAD 83/90, East Zone.
distance of 165.00 feet to Its
intersection with the South line of the 3. Subject to easements, reservations and
North 1/2 of Tract 113; thence restrictions or record.
S,89'31'28"W. along said South line, a
distance of 5,00 feet; thence 4. Easements shown hereon ore per plat, unless
N.00'26'32"W., 0 distance of 165.00 otherwise noted,
feet to its intersection with the north
line of Tract 113; thence N.B9'31'28"E. 5. ROW represents Right-of-Way.
along said North line, 0 distance of 6. P.O,B. represents Point of Beginning.
5.00 feet to the POINT OF BEGINNING, 7. P.O.C. represents Point of Commencement.
Containing 825.00 square feet or B. O.R. represents Official Records.
0.0169 acres, more or less. 9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
~< ~
iJ' c d. 3 -.~ ), . (DATE SIGNED) N
NOT VAUO WITH. OUT THE SIGNATURE AND THE ~_
ORGINAL 'RA~ED SEAL Of' A FLORIDA UCENSED :
SURVEYOR AND MAPPER. 0 :zs ~ 100 200
CERTIFICATE OF AUTHORIZATION LB 643 GRAPHIC SCALE
_ ..........". NO" 65061 PMC<I. NO. , 714 COWER COUNTY DEPARTMENT
i WlI.Miller-'~- OF TRANSPORT AnON 6g~
_........--.---.~_.~~ f'89
.. '1lII~"-=-' __ PIlOJECT NO.'
-MrIMo.... ....___._ _.,. _, _ __ 09/200.1 N60I!S-005-DOO
;op Ill. 2003 - 14:17:34 IMMUII[JX:\SUII\N8OI5\I5IIC1I00.dwt
~,._*---"'-"~.."-'-'~" .
FEE SIMPlE h I
INTEREST
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,..... 0::
UNIT NO. 2 :ii -l
P.B. 4, PAGE 75 0 4:
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......-- I Ol I
--------------~-----------------------~
112 ~ ~
u
co
u;
N
~
115
Ol
c.n
0
I
I I
I
LINE
L57
L58 I
I j
LEGAl DESCRIPTlON NOTES:
A portion of the South 165 feet of Tract
112 Golden Gate Estales Unit No.2, 1- This is nol 0 survey,
Pial Book 4, Pages 75-76,
Collier County, Florida, being more 2. Basis of bearing is lhe Wesl line of County
particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida
Beginning at the Southeast comer of Slote Plane Coordinates NAD 83/90, East Zone.
Tract 112; thence S,89"31'28"W. along 3. Subject to easements, reservations and
the South line of Tract 112, 0 restrictions or record.
distance of 55.00 feet; thence
N.OO"28'32"W., 0 distance of 165.00 4. Easements shown hereon ore per plot, unless
feet to its intersection with the North otherwise noted.
line of the South 165 feel of Tract
112; thence N.89' 31'28"E. along said 5. ROW represents Right-of-Way.
North line, 0 distance of 55.00 feet to 6, P.O,S, represents Point of Beginning.
its intersection with the Easterly line of 7. P,O.C, represents Point of Commencement.
Tract 112; thence S.00'28'32"E. along 8. O.R. represents Official Records,
the East line of Troct T 12, 0 distonce 9. L.B.E. represents Landscape Buffer Easement.
of 165.00 feet to the FoOINT OF TO, U.E. represents Utility Easement,
BEGINNING.
Containing 9,075.00 square feet or ~
0.2083 acres, more or less.
cf5J~~
DAVID J. ATT, .S.M. (FOR THE FIRM) N
FLORIDA UC. NO. 5834
q -17-0 J (DATE SIGNED)
NOT VAliD WITHOUT THE SIGNATURE AND THE ~ ' ;
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. D .. 00 100 200
CERTIFICATE OF AUTHORIZATION LB 843 GRAPHIC SCALE
:eJECT NO.:: 65061 I'AOCO. .... , 115 COWER COUNTY DEPARTMENT
WiI.Miller--~U.- OF TRANSPORTATION
A~enda Item N 10F
_.~.~".........~-,~~ SKETCH 4& DESCRIPTl May 25,2004
~h:. PROJECT NO.: of 89
...FoI....._._.J-,o
III,.,~......"....--"-_."'_._-- 09/200J N601$-D05-000
, 1e, 2003 - 13:14,01 llV.lolURE!X:\SUR\NllOl ~\USl od IOO.dwg
TEMPORARY
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
- COMMENCEMENT OF CONSTRUCTIC.
I( I
I ~ I
~
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GOLDEN GATE ESTATES ~ -l
0 4:
UNIT NO. 2 ci ~
P.B. 4, PAGE 75 '"0 u
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- 10
I~g_I_____________________________1121___ "'-' Ol
.... I ci I
----------~ ~ 10
Ol U
~
715 U
!: !:
IV IV
0 IV
I
TRACT L 119 I
I
@) I I
I
LINE TABLE
LINE LENGTH BEARING
LEGAL DESCRIPTION L118 55.00 SB9'31'28"w
A portion of the South 165 of Tract L119 5.00 SB9'31'2B"w
112 Golden Gate Estates Unit No. 2~ L120 165,00 NOO"2B'32"w
_. Plot Book 4, Poges 75-7.6, of the L121 5.00 N89'31'28"E
Public Records of Collier County,
florida, being more particularly L122 165.00 SOO'28'32"E
described os follows:
Commencing at the Southeast corner NOTES:
of Tract 112; thence S.89'31'28"w. 1. This is not a survey.
along the South line of Tract 112, a
distance of 55,00 feet to the POINT
OF BEGINNING; thence continue 2. Basis of bearing is the West line of County
S.89'31'28"w. along said line, 0 Road 951 (C.R. 951) being N 00'28'32" W, florida
distance of 5.00 feet; thence State Plane Coordinates NAD 83/90, East Zone,
N,OO'28'32"w., a distance of 165.00
feet to its intersection with the North 3, Subject to easements, reservations and
line of the South 165 feet of Tract restrictions or record.
112; thence N,89'31'2S"E. along said 4. Easements shown. hereon ore per plot, unless
North line, 0 distance of 5,00 feet;
thence S.00'2B'32"E., 0 distance of otherwise noted,
165.00 feet to the POINT OF 5. ROW represents Right-of-Way.
BEGINNING.
Containing 825.00 square feet or 6. P.O.B. represents Point of Beginning.
0.0189 acres, mare or less. 7. P.D.C, represents Point of Commencement.
8. O.R. represents Official Records,
9. LB.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
[JuJ I! ~. 4
DAVID J. If.IATT, . ,t.4. (fOR THE fiRM)
flORIDA ~C. NO. :i834
q -),3 '"0, (DATE SIGNED) N
NOT VAUD WITHOUT THE SIGNATURE AND THE
ORGlNAL RAISED SEAL OF A flORIDA UCENSED '..- I I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643 0 2S so 100 200
_. GRAPHIC SCALE
PROJ(CT NO.: 65061 I"ARCD.. NO. : 715
WiI.Mille,.'^--
_. a--.. a-... ~ 'l.Mldo:opo_. ~c:.r.-.
~,h:
.......,........-.-.llo,. 09/zrxu PftOJ[C1' NO.:
.....,l.Ioo..........__.__.IlIr_.___ N601S-DOS-DOO
Sop II, 2003 - 11:24:48 l/V.lIUREJX;\SUR\NeOl 5\151 odloo.c!wl
-- " ----".--.--.-.. - -~...- ~-_._.__.- ~-- --..-..
EXHIBIT~ FEE SIMPLE I
Page;2.5 of__ INTEREST I
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--------------~-----------------------~ L59 ~
112
GOLDEN GATE ESTATES ~
UNIT NO. 2 ci
,..... ci
I P.B. 4, PAGE 75 ~ ..J
ci <(
ci z
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'0 u
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~ II)
I '-'" 0>
LINE BEARING I ci
S89'31'28"W II)
L59 Cl U
L60 N89'31'28"E l-..J
~
u
L-,
LEGAL DESCRIPTION NOTES:
A portion of the North 165 feet of Tract
112 Golden Gate Estates Unit No.2, 1. This is not 0 survey.
Plot Book 4, Pages 75-76,
Collier County, Florida, being more 2. Basis of bearing is the West line of County
porticularly described os follows; Rood 951 (C.R. 951) being N 00'28'32" W, Plorida
Stote Plane Coordinates NAD 83/90, Ecst Lo~e.
Beginning at Northeast corner of Tract 3. Subject to easements, reservations and
112; thence S,OO'28'32"E. along the restrictions or record.
East line of Tract 112, 0 distance of
165.00 feel to its intersection with the 4, Easements shown hereon ore per plot, unless
South line of the North 1/2 of Tract otherwise noted.
112; thence S,89'31'28'"'N. along said
South line, a distance of 55.00 feet; 5. ROW represents Right-of-Way.
thence N.00'28'32'"'N" 0 distance of 6, P.O,B. represents Point of Beginning.
165.00 feet to its intersection with the 7, P.O.C. represents Point of Commencement.
North line of Tract 112; thence 8. O.R. represents Official Records.
N,89'31'28-E. along the North line of 9, L.B,E, represents Landscape Buffer Easement.
Tract 112, 0 distance of 55,00 feet to 10, U.E. represents Utility Easement.
the POINT OF BEGINNING.
Containing 9,075.00 square feet or ~
0,2083 acres, more or less.
!2~ 1; Iff (FOR THE nRM)
N
flORIDA LlC, NO. 5834
q -17 -0 '} (DATE SIGNED)
NOT VALlD WITHOlJT THE SIGNATURE AND THE I- I
ORGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER. 0 25 50 100 200
CERTlnCATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE
"M)JECT NO.: 65061 PAJK:U. NO. : 176
Wil.Millei'-'~~-
-'~.~......,.,..~_. ~Caldr*
IlIorih; to:. PROJECT NO.:
....".,......_.._.-
--~'*" .....--.--.,.,,-. --- 09/200:1 N60 '5-00$-(}(}o
1> 18, 2003 - 13;":Oi t.lWlIJR$:\SUR\NGO 1 5\9S I,d 1 OQ,dwg
,
TRACT TEMPORARY
CONSTRUCTION EASEMENT
@ (DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
L127 ,I.
- L 123 I I
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0
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TRACT _______________ ____ .... I I
----------~--------------- L125 10 ~
112 m u
~
u
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
I
TRACT I ,
@ , \
I
LINE TABLE
LINE LENGTH BEARING
LEGAl DESCRIPTION L123 55.00 S89'31'28"W
A portion of the North 165 feet of L124 165.00 SOO'28'32"E
Tract' 112 Golden Gate Estates Unit No. L125 5.00 S89' 31'28"W
2, Plat Book 4, Pages 75-76, of th,:, L126 165.00 NOO'28'.32"W
Public Records of Collier COU[lty, Flondo,
being more particularly described as L127 5.00 N89' 31'28"E
,.- follows:
Commencing at the Northeast corner of NOTES:
Tract 112; thence S,89'31 '28"W. along
the North line of Tract 112, a distance 1- This is not a survey,
of 55.00 feet to the POINT OF
BEGINNING; thence S.Ocr28'32"E., a 2. Basis of bearing is the West line of County
distance of 165.00 feet to its Road 951 (CR. 951) being N 00'28'32" W, Florida
intersection with the South line at the State Plane Coordinates NAO 83/90, East Zone.
North 165 feet of Tract 112; thence
S,89'31'28"W. along said South line, a ), Subject to easements, reservations and
distance of 5.00 feet; thence restrictions or record.
N.00'28'32"W" a distance of 165,00
feet to its intersection with the North 4, Easements shown hereon are per plat, unless
line at Tract 112; thence N.89')l'28"r. otherwise noted.
along said North line, a distance at
5.00 feet to the POINT OF BEGINNING. 5, ROW represents Right-at-Way.
Containing 825.00 square teet or 6. P.O.B. represents Point of Beginning.
0.0189 acres, more or less. 7, P.O.C. represents Point at Commencement.
8. O.R. represents Official Records.
9. L.B,E. represents Landscape Butfer E,,~ement.
10. U.E. represents Utility Easement.
f5~ I~' +
DAVID J. t/fATT, ~ (FOR THE FIRM)
FlORIDA lIC. NO. 5834
q -J. ':rO J (DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE ~ I
ORGINAL RAISED SEAL OF A FlORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 .. "" 'DO 200
GRAPHIC SCALE
PROJECT NO.: 65061 PNtCIl. tfO. : 716
.-
Wil.Miller-'~-- 10F
004
-'8VI>OOn .&oiIlIIIIII.____.~_.~a.... f 89
~hc. PAOJfCT NO.:
......""'....._._.,_ 09/200:1 N601'-005-00D
1IlII"'~Uo.''''__,__,,,,_,___
Sop , v, 2003 - , 1 ;24:41 1MMURE!X:\SUR\Neo, :1\151"" OO.dwg
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I INTEREST
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-----,-------- :;:
5TH AVE. N.W. I 0 I
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q ~
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LINE BEARING
L61 S89'31'28"w
L62 N89'31'28"E
LEGAL DESCRIPTION NOTES:
A portion of the South 150 feet of Tract
111 Golden Gate Estates Unit No, 2, 1, This is not 0 survey.
Plot Book 4, Pages 75-76.
Collier County, Florida, being more 2. Basis of bearing is the West line of County
particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida
Beginning at the Southeast corner of State Plane Coordinates NAD 83/90, East Zone.
Tract 111; thence S.89'31'28"w. along 3. Subject to easements, reservations and
the South line of Tract 111, 0 distance restrictions or record.
of 55.00 feet; thence N.00'28'32"w., 0
distance of 150.00 feet to its 4. Easements shown hereon ore. per plat, unless
intersection with the North line of the otherwise noted.
South 1/2 of Tract 111; thence
N.89'31'28"E. along said North line, a 5, ROW represents Right-of-Way,
distance of 55.00 feet to its intersection 6, P,O.B. represents Point of Beginning,
i with the Easterly line of Tract 111; 7. P.O.C. represents Point of Commencement.
I thence S.00'28'32"E. along the East line 8. O,R. represents Official Records.
of Troct 111, a distance of 150.00 feet 9. L.B.E. represents Landscape Buffer Easement.
to the POINT OF BEGINNING. 10. U.E. represents Utility Easement.
Containing 8,250.00 square feet or
0.1894 acres, more or less, ~
W
q-17 -O"} (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE .- , I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, 0 .. 50 100 200
CERTIFICATE OF AUTHOR:ZATION LB 643 GRAPHIC SCALE
PROJECT NO.; 65061 PMCD.. NO. : 177 COLUER COUNTY DEPAR11JENT
Wil.Millei-'~U.-- OF TRANSPORTATION
SKETCH &= DESCRIPTION
-.. -..~.....,.... ~--.,.."...-..,.....
IIIaMor, no PROJECT NO.:
.,...I\rf....._._.r.,.
-.....u.o..........__.__.,._.__ 09/2OG:J N6015-oo5-ooo
;.p 1 e. 2003 - '3:28:27 "'l.AWU~\SUR\Nea, ~851od'OO.dw8
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TEMPORARY c::: c:::
CONSTRucTION EASEMENl 0 IV
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTP. J;~'
I I
TRACT t I
@ I
LINE TABLE
LINE LENGTH BEARING
LEGAl DESCRIPTION L128 55.00 S89'31'28"W
A portion of the South 150 feet of Tract 111
Golden Gate Estates Unit No.2, Plot Book 4. L129 5.00 S89'31'28"W
Pages 75-76. of the Public RecorQs 01 Collier 1130 150.00 NOO'28'32"W
County, Florida, being more particularly 1131 5.00 N89'31'28"E
described os follows: 1132 150.00 S00'28'32"E
,,_., Commencing at the Southeast comer 01 Tract
111; thence S.89'31'2B"w. along the South line NOTES:
of Tract 111. 0 distance 01 55,00 leet to the
POINT OF BEGINNING; thence continue 1. This is not a survey.
S,B9'31'28"w. along said line, a distance of
5,00 leet; thence N,OO'2B'32"W.. a distance of 2. Basis of bearing is the West line of County
150.00 leet to its intersection with the North Road 951 (C,R. 951) being N 00'2B'32" W, Florida
line 01 the South 150 leet of Tract 111; State Plane Coordinates NAD 83/90, East Zone.
thence N.B9'31'28"E. along said North line, 0
distance 01 5,00 feet; thence S.00'28'32"E,. 0 3, Subject to easements. reservations and
distance of 150,00 leet to the POINT OF restrictions or record.
BEGINNING.
Containing 750.00 square leet or 0.0172 4, Easements shown hereon ore per p'ot, unless
acres. more or less. otherwise noted.
5, ROW represents Right-aI-Way.
6. P.O.B, represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. 0, R. represents Official Records.
9. L.B,E, represents Landscape Buffer Easement.
10, U.E. represents Utility Easement.
M . +
q -)3 -0] (DATE SIGNED) N
NOT VAUD WITHOUT THE SIGNATURE AND THE .. I I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND IAAPPER.
CERTIFICATE OF AUTHORIZATION LB /143 Q .. 50 100 200
GRAPHIC SCALE
PROJt'CT NO.: 65061 PARCn, NO. : 717
-, Wil.Miller.'~U.-
-'e--.'~'___,,,,,,,,,,,_,~~
.......... ,.. PROJECT NO.:
-....,'-.......=~-~.::-._-- 09/200:1 N6075-005-000
Sop 11/. 2003 - 11:2~:4' lIl.'lMUREIX:\S\JR\HIO 1 ~\8~lod1 OO.1IwI1
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L63 S89'31 '28"W
L54 N89'31 '28"E
.~.
LEGAL DESCRIPTION NOTES:
A portion of the North 180 feet of Tract
111 Golden Gate Estates Unit No, 2, 1- This is not 0 survey,
Plot Book 4, Pages 75-75, Basis of bearing is the West line of County
Collier County, Florida, being more 2.
particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane Coordinates NAO 83/90, Eost Zone,
Beginning at the Northeast corner of 3. Subject to easements, reservations and
Tract 111; thence S.00'28'32"E. along restrictions or record.
the Eost line of Tract ",, 0 distance
of 180.00 feet to its intersection with 4. Easements shown hereon ore per plot, unless
the South line of the North 1/2 of otherwise noted,
Tract 111; thence S.89'31 '28"W, along
said South line, 0 distance of 55.00 5. ROW represents Right-of-Way, ;
feet; thence N,OO'28'32"W., 0 distance 5, P.O.B. represents Point of Beginning,
of 180.00 feet to its intersection with 7, P.O.C. represents Point of Commencement.
the North line of Tract 111; thence 8. O.R. represents Official Records,
N.89'31'28"E. orang the North line of 9, L.B.E. represents Landscape Buffer Easement.
Tract 111. 0 distance of 55.00 feet 10. U,E. represents Utility Easement.
to the POINT OF BEGINNING.
Containing 9,900.00 square feet or ~
0,2273 acres, more or Jess.
I
I
N
lf -/7 -O~ (DATE SIGNED)
NOT VAUD WITHOUT THE SIGNATURE AND THE v' I
ORGINAl RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 200
CERTIFICATE OF AUTHORIZATION La #43
~Ecr NO..: 6506 t P....1CQ. 1<<). : 118 COLLIER COUNTY DEPARTMENT
Wil.Miller-'~U.- OF TRANSPORTATION
10F
004
_.~ .-..........,...~_.~~ f 89
1lIIcnlIor, tlt.
.....,.,,... . _ . _.7_ PAO.I(CT /0100
...,Lft......___.__.,._.___ 09/2003 N601~-005-000
tp II, 2003 - 13:.lO:32 lllAIIURElX:\SVR\N801 S\iSl odl DO.dwv
EXH'BI.T~ i 60" RIGHT-OF-WAY I I
I I
l?8QE3.Q..-of...&i -'5TH AV~ N.W. (fJ I
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- - - - - - - - - - ;-Ji - L133 Ot-l
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----------~~-rs------------------ L135 q .J
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P.B. 4, PAGE 75 ~
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TRACT TEMPORARY L-..I
CONSTRUCTION EASEMEN' I
@ (DURATION: 3 YEARS FRO\
COMMENCEMENT OF CONSTP' -
LINE TABLE
LINE LENGTH BEARING
L 133 55.00 S89'31'28"w
U34 150.00 SOO'2B'32"E
LEGAL DESCRIPTION U35 5.00 S89'31'2B"w
A portion of the north 1 BO f~et of Tro.::t 111 U36 150,00 NOO'2B'32"w
Golden Gate Estates Unit No.2, Plot Book 4, L137 5.00 NB9'3,'2B't:
- pages 75-76, of the Public Records of Collier
County, Florida, being more particularly
described os follows: NOTES:
Commencing at the Northeast corner of Tract 1. This is not 0 survey.
111; thence S.00'28'32"E. along the East line
of Tract 111 0 distance of 30.00 feet to its 2. Basis of bearing is the West line of County
intersection with the South line of the 5TH Rood 951 (C.R. 951) being N 00'28'32" W, Florida
AVE. N.W, right-of-way easement; thence
S.89'31'2B"W. along said South line, 0 distance State Plane Coordinates NAD 83/90, East Zone,
of 55.00 feet to the POINT OF BEGINNING; 3. Subject to eosements, reservations and
thence S,OO'2B'32"E.. 0 distance of 150.00 restrictions or record.
feet to its intersection with the South line of
the North 180 feet of Tract 111; thence 4, Easements shown hereon ore per plot, unless .
S.B9'31'2B"W. along said South line. 0 distance otherwise noted.
of 5.00 feet; thence N,00"2B'32"W.. 0 distance
of 150.00 feet to its intersection with the 5. ROW represents Right-at-Way.
South line of the 5TH AVE. N.W, right-of-way 6. P ,O.B. represents Point of Beginning.
easement; thence N.B9'31'28"E. along said 7. P.O.C. represents Point of Commencement.
South line. 0 distance of 5.00 feet to the 8. O,R. represents OffICial Records.
POINT OF BEGINNING. 9. LB,E. represents Landscape Buffer Easement.
Containing 750.00 square feet or 0.0172 , O. U.E. represents Utility Easement.
acres, more or less.
DAVID J. A .S.M. (FOR THE FIRM) ~
FLORIOA L1C. NO. 5834
q -';13 -0) (DATE SIGNED) N
NOT VALID WITHOUT/HE SIGNATURE AND THE .- I I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFlCATE OF AUTHORIZATION LB 143 0 25 00 100 200
GRAPHIC SCALE
PItOJ[CT NO.: 65061 PNICQ. NO. : 718 cOLLlm COUNTY DEPARTMENT
- WiI.Millel..~U.- OF TRANSPORTATION
10F
SKETCH d: DESCRIPTION 004
_.---.-....-- ...---.~""*'- f 89
MIIcnAIk; he
.... .11II..... _. _._ 09/ZOOJ PJil'OJ[CT NO_:
.....,Lolo...... ....__.__.,.._.__ N6015-00s-000
Sop 22. 200:5 - 1l::51dl1 lIWIURElX;\SUR\HlOl ~'~I""I OO.dwv
-,---.-- --"'-
?age.$L of-ID.. FEE SIMPLE
INTEREST I I
LB7 :, I
------------------.-----------------
TRACT I GOLDEN GATE ESTATES I
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@ I UNIT NO. 2 I)) ~
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I P.B. 4, PAGE 75 0
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-----,-------
5TH AVE. N.W. I I
------------
LINE TABLE
LINE LENGTH BEARING
L65 60.00 S89'31'28"w I I
L85 10,00 N89'31'28"E
L86 75,00 NOO'28' 32 "w
L87 50,00 N89'31'28"E
LEGAL DESCRIPTION
A portion of the East 1/2 of .Tract 110
together with a portion of the South 75
feet of Tract 109 Golden Gate Estates
Unit No.2, Plat Book 4, Page 75-76, of NOTES:
the Public Records of Collier County,
Florida, being more particularly described 1. This is not a survey.
os follows:
2. Basis of bearing is the West line of County
Beginning at Southeast corner of Tract Rood 951 (C,R. 951) being N 00'28'32" W, Florida
110; thence S.89'31'28"w. along the State Plane Coordinates NAD 83/90, East Zone.
South line of Tract 110, a distance of
60,00 feet; thence N,OO'28'32"w., a 3. Subject to easements, reservations and
distance of 330,00 feet to its restrictions or record,
intersection with the North line of Tract
110; thence N.89'31'28"E. along said 4. Easements shown hereon are per plot, unless
North line, 0 distance of 10.00 feet; otherwise noted.
thence N,OO'2B'32"w" a distance of
75,00 feet to its intersection with the 5. ROW represents Right-of-Way,
North line of the South 75 feet of Tract 6. P.O,B. represents Point of Beginning,
109; thence N,89'31'2B"E. along said 7. P.O,C. represents Point of Commencement.
North line, 0 distance of 50.00 feet to 8. O.R, represents Official Records.
its intersection with the Easterly line of 9, L.B.E, represents Landscape Buffer Easement.
Tract 109; thence S.00'28'32"E. along the 10. U.E. represents Utility Easement.
Eost line of Tract 109 and Tract 110, 0
distance of 405,00 feet to the POINT OF 4
BEGINNING,
Containing 23.550.00 square feet or
0.5406 acres, more or less.
N
.,.
(DATE SIGNED)
-, ~- ;
NOT VALID WITHOUT. tHE SIGNATURE AND THE
ORGINAl RAISED sEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. D 20 "" 'DC) 20D
CERTIFICATE OF AUTHORIZATION LB 143 GRAPHIC SCALE
PROJECT NO.: 65061 PARCO. Me. : 119
Wil.Millei.'~U.- 10F
004 i
_.~, ~..,..,... .........._. ~c.n..t.. f 89
~,hc; PROJ[CT NO.:
_''''''ljon._._.r_
-MrUO'..... '~-_'__.",.-n. ___ 09/2OOJ N60/5-005-000
;op 17, 2003 - 08:31:00 IoIWolURE!X:\SUR\N6015\95 hd1 CO.dw;
I I
TRACT _____________________________ I I
-------------,---
SXHIBIT~ ! I I
.- 'age..sL.. of! L 142
I
I
I
GOLDEN GATE ESTATES I I I
I
UNIT NO. 2 I I{ I
I
P,B, 4, PAGE 75 I ~
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TRACT I ,...... . I}:
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\ 60' RIGHT -OF -WAY EASEME:J n:: I ~
------,----- L140 0
I
5TH AVE, N,W,
- - - - - - - - -Jl--
TRACT ~
@
LINE TABLE
LEGAL DESCRIPTION LINE LENGTH BEARING
A portion of Troct 110 Golden Gote Estates 1138 60.00 S89'.31'28"\'/
Unit No, 2, Plat Book 4, Poge 75, Public 1139 300,00 SOO'28'32"E
Records of Collier County, Florido, being more 1140 5,00 S89'31'28"\'/
particularly described os follows: 1141 300.00 NOO'28'.32"W
- Commencing ot The Northeost comer of Tract L142 5,00 N89'31'28"E
110; thence S,89'31'28"W, olong the North line
of Tract 110, 0 distance of 60.00 feet to the NOTES:
POINT OF BEGINNING; thence S.00'28'32"E., a
distance of 300.00 feet to its intersection with 1. This is not a survey.
the Narth line of the 5th AVE. N.W.
right-of-way easement; thence S,89'31 '28"\'/. 2. Basis of bearing is the West line OT County
along said North line, a distance of 5,00 feet; Raad 951 (C,R. 951) being N 00'28'32" W, Florida
thence N,OO'28'32"W., a distonce of .300,00 State Plane Coordinates NAD 83/90. East Zone.
feet to its intersection with the North line of
Troct 110; thence N.89'31'28"E. along said 3, Subject to easements, reservotions ond
North line, a distance of 5.00 feet to the restrictions or record.
POINT OF BEGINNING.
Containing 1,500,00 square feet or 0.0344 4. Easements shown hereon ore per plat, unless
ccres, more or less. otherwise nated,
5, ROW represents Right-of-Way.
6. P,O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
TEMPORARY 8. O.R. represents Official Records.
CONSTRUCTION EASEMENT 9. L.B,E. represents Landscape Buffer Easement.
(DURATION: 3 YEARS FROM 10, U.E, represents Utility Easement.
OOMMENCEMENTOFCONSTRUCnoN)
~
~ - :J. J -0 J (DATE SIGNED) 3M
NOT VAUD WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED 'J- I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 114.3 . 2. .. ,.. 200
GRAPHIC SCALE
PftOJECT NO.: 65061 ~MC[l NO. : 719 COWER COUNTY DEPARTMENT
- Wil.Mille"-'~-- OF TRANSPORTATION
-'~'&oIIiJIIIofII'~'UnalcoIpo_'~~
~,ho.
.....,.,,....._._.r... 09/200J "RO.J(CT NO.:
.._~No..___.__.,._,___ N607$-OO$-OOO
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---" ._-,,- -
-
Jge~ of...IBe-CTgrJ I I
TEMPORARY h
@ CONSTRUCTION EASEMENT
(OURA11ON: 3 YEARS FROM
COMMENCEMENT OF CONSTRUC-
r-... I c! I
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, L144
I
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TRACT I .1 r
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LINE TABLE
LINE LENGTH BEARING
L143 50.00 S89..31'2B'W
L144 5.00 S89'31 '2B"W
L145 75.00 NOO'28'32"W
LEGAl DESCRIPTION L146 5.00 N89'3"2B"E
A portion of the South 75 feet of Tract 1 09 L147 75.00 SOO'2B'32"E
Golden Gate Estates Unit No.2, Plot Book 4,
Page 75, of the Public Records of Collier NOTES:
County, Florida, being more particularly
described os follows:
1, This is not a survey,
Commencing at the Southeast corner of Tract 2. Basis of bearing is the West line of County
109; thence S,89'31'28'W. along the South line
of Tract 109, a distance of 50.00 feet to the Rood 951 (C.R. 951) being N 00'28'32" W, Florida
PCINT OF BEGINNING; thence continue State Plane Coordinates NAD 83/90, East Zone.
S.89'31'28"W. along said line, a distance of Subject to easements, reservations and
5.00 feet; thence N.00'28'32"W" a distance of 3,
75,00 feet to its intersection with the North restrictions or record,
line of the South 75 feet of Tract 1 09; 4. Easements shown hereon are per plot, unless
thence N,89'31'28"E. along said North line. 0
distance of 5.00 feet; thence S,00'2B'32"E., 0 otherwise noted.
distance of 75.00 feet to the POINT OF 5, ROW represents Right-of-Way,
BEGINNING.
Containing 375.00 square feet or 0.0086 6. P,O.B, represents Paint of Beginning.
ceres. more or less. 7, P.O,C. represents Point of Commencement.
B. O.R. represents Official Records.
9, L.B.E. represents Landscape Buffer Ecsement.
10. U,E. represents Utility Easement.
4
(DATE SIGNED) N
NOT VAlJO WITHOUT THE SIGNATURE AND THE
ORGINAl RAlS.EQ SEAL OF A FLORIDA LICENSED ~- I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 25 ~ '00 200
GRAPHIC SCALE
~E:cr NO.: 65061 PAROO. NO. : 719A
Wil.Miller-'~UO~ I
-,"-,~ ,-.-, ,~-, ~'"""**
-.-; he PROJECT NO.:
.... ./irI.... ,_ . _, r.,.
-1060'-"11II'___'__'''_'___ 09/200J N6015-005-000
'P 22. 2003 - 11:.]e~ Ioll.AlolURE/X:\SUR\NII015\V51Idl00.dwg
EXHIBIT
page-5.1 of ADEN GATE ESTATES h
UNIT NO. 2
..-
P.B. 4, PAGE 75 ~ I
I ci
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FEE SIMPlE 3i
INTEREST ci ~
0:: <{
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TRACT ~ '-" I 01 I.
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-------------------r------ L71 I I
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I
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LINE TABLE I I
LINE LENGTH BEARING
L71 50.00 S89'31'28"W
L72 75.00 N00"28'32"W
L73 50.00 N89' 3 1 '28"E
L74 75.00 SOO'28'32"E
LEGAl DESCRIPTION
,~- A portion of the North 75 fe'et of
the South 150 feet of Tract 109
Golden Gate Estates Unit No.2, Plat NOTES:
Book 4, Page 75, of the Public
Records of Collier County, Florida, 1. This Is not a survey.
being more particularly described as
follows:
2, Basis of bearing is the West line of County
Commencing at the Northeast corner Rood 951 (C.R. 951) being N 00'28'32" W, Florida
of Tract 109; thence S,OO'28'32"E. State Plane Coordinates NAn 83/90, East Zone.
along the Easterly line of Tract 109, 3. Subject to easements, reservations and
o distance of 180,00 feet to the
Northeast corner of the South 150 restrictions or record.
feet of Tract 109 and the POINT OF
BEGINNING; thence S,OO'28'32"E. along 4, Easements shown hereon are per plot, unless
the East line of Tract 109, a otherwise noted,
distance of 75.00 feet to its
intersection with the South line of 5. ROW represents Right -of - Way.
the North 75 feet of the South 150 6, P.O.B. represents Point of Beginning.
feet of Tract 109; thence 7. P.O.C. represents Point of Commencement.
S.89'31'28"W. along said South line 0 8. O,R. represents Official Records.
distance of 50.00 feet; thence 9. L.B.E. represents Landscape Buffer Easement.
N,OO'28'32"W., a distance of 75,00 10. U.E. represents Utility Easement.
feet to its intersection with the North
line of the South 150 feet of Tract ~
109; thence N.89'31'28"E. along said
North line, a distance of 50.00 feet
to the POINT OF BEGINNING.
Containing 3,750.00 square feet or
0.0861 acres, more or less.
q-17~O.J 3M
(DATE SIGNED)
NOT.VALlD WITHOUT .THE SIGNATURE AND THE ~ I ' I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 o. "" 100 20D
CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE
- PAOJ[CT NO..:. 65061 PARCO. NO. : 121
Wil.Millel.'~U.- 10F
_.s.,...,'~ .....,....~_.~~ 004
~hc f 89
_..,~Ut.. ._=.:.r~~'=.o. ___ pROJtCT NO.:
09/2OOJ N60I~-OO~ 000
Sop 17. 2003 - DII'.Jl:ilO lllJlMUREIX:\SUR\HDO 15\151 odl OD.dwl
-
n'_"__ ._..~'_...- ..",._~-~ -.-"
I I
TEMPORARY h
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCnON)
r-. I q I
:i 0::
I ..J I
ci <(
~ Z
<(
.0 u
GOLDEN GATE ESTATES 0 ~
UNIT NO. 2 ~ ll'l
'-' en
TRACT P.B. 4, PAGE 75 ~ I '(i I
ll'l
~ L152 en U I
I
~ ~
------------------------------------------------ --- LI
r r
~ ~
l1'
--------------------.------------------------- I I
I I I
I
I
I
I
I
I
I
I
TRACT I I I
I
I
@ I I I
LINE TABLE
LINE LENGTH BEARING
l148 75,00 NOO'28' 32 "W
LEGAL DESCRIPTION l149 50.00 S89'31'Z8"W
A portion of the North 75 feet at the. South l150 5,00 S89'31 'Z8"W
150 feet of Tract 1 09 Golden Gate Estoles 1151 75,00 NOO'28'32"W
Unit No, 2, Plot Book 4, Pa'ge 75-76, of the 1152 5.00 N89"J1'28"E
Public Records of Collier County, Florida, being 115J 75.00 SOO'28'32"E
more particularly described os follows:
Commencing at the Southeast corner of Tract NOTES:
109; thence N.00"28'32"W, along the East line 1. This is not 0 survey.
of Tract 1 09, 0 distance of 75.00 feet; thence
S.89'31'2B"W. along the South line of the 2. Basis of bearing is the West line of County
North 75 feet of the South 150 teet of Tract
1 09, 0 distance of 50.00 feet to the POINT Road 951 (C.R. 951) being N 00'28'32" W, Florida
OF BEGINNING; thence continue S.B9'Jl'28"W. State Plane Coordinates NAD 8J/90, East Zone.
along said line, a distance of 5,00 feet; 3. Subject to easements, reservations and
thence N.OO'28'32"W., a distance of 75.00 feet
to its intersection with the North line of the restrictions or record.
South 150 feet of Tract 109; thence 4. Easements shown hereon are per plot, unless
N.89" J 1 '28"E. along said North line, a distance
of 5.00 feet; thence S,OO'28'J2"E.. 0 distance otherwise noted.
of 75.00 feet to the PO;NT OF BEGINNING. 5. ROW represents Right-of-Way.
Containing 375.00 square feet or 0,0086 6. P,O,B. represents Point of Beginning,
acres, more or less. 7. P.O,C. represents Point of Commencement.
B, O.R. represents Official Records,
9. LB,E. represents Landscape Buffer Easement.
, O. U.E. represents Utility Easement.
; +
c, -J.3-0) (DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED .... I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 .. '"' 100 200
GRAPHIC SCAlE
PJIOJECT NO.: 65061 PARCU He. : 721 COLLIER COUNTY DEPARTMENT
WilS9nMilleiM.^U.- OF TRANSPORT AnON
10F
SKETCH &: DESCRIPnON 004
_.~"......."----.~~.~-=-- f 89
~hc
..... ...,.... . _ . _" T.,. PROJECT NO.:
.....,""'.........--.-_.For_.___ 09/Z00J N60 '5-005-000
~ 22. 2003 - 11 :.J8:58 1II.Al.IURf\l(;\SUR\N801S\9S1od100.dwll
-:XHIBIT A . 9~LDEN GATE ESTATES h I
_ ,;,age~ of..1l::L UNIT NO. 2
P.B. 4, PAGE 75 :i I
I .
, 0
---:- I Ii I
~ ...J
o ct:
. Z
0::: ct:
. ()
o
o ~
.... 10
TRACT Cll Cll:: I ~ I
~ 0010 10::: I
~ 0 001 cJ
---------------------------------------------~ L98 ~ ~ ~
-------------------r----------------------~-------- I I
\ I I
\ \
I
I I I
I
I FEE SIMPlE I I
\ INTEREST I I
LINE BEARING
,_ LEGAL DESCRIPTION L98 SB9'31'2B"W
A portion of the North 180 feet of L99 NB9'31, 8"E
Tract 109 Golden Gate Estates Unit
No.2, Plot Book 4, Pages 75-76, of NOTES:
the Public record. of Collier County,
Florida, being more particularly 1. Thi. is not a survey.
described as follows:
2. Bo.i. of bearing is the West line of County
Beginning ot the Northeast corner of Rood 951 (C,R. 951) being N 00'28'32" W, Florida
Tract 109; thence S.00'28'32"[' along State Plane Coordinates NAO 83/90, Ea.t Zone.
the East line of Tract 109, 0 distance
of 180.00 feet to its inter.ection with 3, Subject to easements, reservations and
the North line of the South 150 feet restrictions or record.
of Tract 109; thence S.89'31'28"W.
along said South line, 0 distance of 4. Easements shown hereon ore per plot, unles.
55,00 feet; thence N.00'28'32"W., 0 otherwise noted,
distance of 180.00 feet to its
intersection with the North line of 5. ROW represents Right-of-Way,
Tract 109; thence N.89'31'28"E. along 6. P.Q,B. represents Po!nt of Beginning.
said North line, a distance of 55.00 7, P.O.C. represents POint of Cqmmencement.
feet to the POINT OF BEGINNING. 8. O.R. represents Official Records.
Containing 9900.00 square feet or 9. L.B.E. represents Landscape Bufter Easement.
0.2273 acre~, more or less. 10. U.E. represents Utility Easement.
+
3M
q -) )'0; (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE '.- I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 211 OIl 100 ;lOO
_ CERTIFICATE OF AUTHORIZATION LB 1/43 GRAPHIC SCALE
PAOJt'CI' NO" 65061 PAllCIl. NO. : 122 COLUER COUNTY DEPARTMENT
Wilf''''-Mille,''''''''- OF TRANSPORTATION 10F
~.j 004
_.a-.'-'-'~~-'>>--,-'- f 89
.......Fof....._._.~ I'IlOJECT NO,:
lIII..,t.lo..... .....__...... _.",...,....... __ 09/2003 N6015-005-000
S., Ill, 2003 - lD:1K;Oe loIVMURE1X:\SUR\Neol~\"lodl00,dw<j
----.- ---
TRACT I I
I ~ GOLDEN GATE ESTATES P.O,B.
I 1 08 UNIT NO. 2
I EXHIBIT P.B. 4, PAGE 75 L 158
P8~ 31 ot:8i:L "\ I I
I I
~ h
TRACT @--- r:- I ~ I
----------s:[~~-------------------:~~-------L156--- ~ I ~ I
- u
o
o ~
~ II)
........ m
~ I I
--------------------,-------------------------------- II) oc
[ LJy
TRACT : I I
I
! @I I I
LINE TABLE
LINE LENGTH BEARING
LEGAL DESCRIPTION . ,
A portion of the North 1 BO feet of Tract 109 L 154 55.00 SB9 .31 ,28,,!,
Golden Gate Estates Unit No.2, Plot Bdok 4, L 155 180.00 SOO 2B 32 E
Poge 75, of the Public Records of Collier 1156 5.00 S89'31'28"W
County, Florida, being more particularly L 157 1 BO.OO N00"28'32"W
described os follows: L 158 5.00 N89'31 '28"E
Commencing at the Northeast corner of Tract NOTES:
109; thence S,B9'3,'28"W, along the North line
of Tract 1 09, 0 distance of 55,00 feet to the 1. This is not 0 survey.
POINT OF BEGINNING; thence S.00'28'32"E., 0
distance of 180,00 feet to its intersection with 2. Basis of beoring is the West line of County
the South line of the North 180 feet of Tract Rood 951 (C.R. 951) being N 00'28'32" W. Florida
109; thence S,89'Jl'2B"W, 010n9 soid South State Plane Coordinates NAD 83/90, East Zone.
line, 0 distance of 5.00 feet; thence
N.00"2B'32"W.. 0 distonce of lBO.OO feet to 3, Subject to easements, reservations and
its intersection with the North line of Tract restrictions or record.
109; thence N.89'J l'28"E. along said North
line, 0 distance of 5,00 feet to the POINT OF 4, Easements shown hereon or.. per plot, unless
BEGINNING. otherwise noted.
Containing 900.00 square feet or 0,0207
acres, more or less. 5. ROW represents Right-of-Way.
6, P,Q.B. represents Point of Beginning.
7. P.O,C. represents Point of Commencement.
8. O,R. represents Official Records.
TEMPORARY MEHT 9. L.B,E. represents Landscape Buffer Easement,
CONSTRUCTION EASEl 10. U.E, represents Utility Easement.
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
.0.". (eo, '"' "'oj A
5834 't
tj-J-3CD} . (DATE SIGNED) N
NOT VAUD WITHOUT THE SIGNATURE AND THE ~
ORGINAL RAISED SEAL OF A FLORIDA LICENSED _ I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La #43 0 25" 100 200
GRAPHIC SCAlE
PIlOJECT NO" 65061 PARQ1 NO., 722 COWER COUNTY DEPARTMENT
· · -.........- OF TRANSPORTATION
Wi_Miller Sl<ITCH .. DESCRIPTION
_.~.e......,....... .~_ .~"'-
ItIImlar; h:.
......./;oj......- '_.r... PROJECT NO.,
-....,L..,...D.......___.__.",~.___ 09/2OOJ N6015-005-000
;.p 19, 200J - 14:08:11 1IWoIURElX:\SUR\HII015\951ldl00.dwg
-,
I I
~ I
-
FEE SIMPlE :i
d
INTEREST --- Ii
~ -l I
0 I 4(
Ii 5
I I
'0
0 I ..- I
..- 10
.......,. 0>
..... Ii
10
GOLDEN GATE ESTATES 0> U
UNIT NO. 2 Ii I ~
P.B. 4, PAGE 75 ~
TRACT L36
V)
--------------~ 0
0
N
OJ I I
c.,; I I
, N
t.I rri
OJ
~
L37 I I
I I
LEGAL DESCRIPTION
,- A portion of the South 1/2' of Tract lOB
Golden Gate Estates Unit NO.2. Plat Book 4,
Page 75-76, of the Public Records of NOTES:
Collier County, Florida, being more
particularly desdcribed os follows: 1. This is not a survey.
Beginning at the Southeast corner of Tract 2. Basis of bearing is the West line of County
108; Thence S.B9'31'2B"W. along the South Road 951 (C,R. 951) being N 00'2B'32" W, Florida
line of said Tract 108. a distance of 55.00 State Plane Coordinates NAD 83/90, East Zone.
feet; Thence N,OO'28'32"W., a distance of
165.00 feet to its intersection with the 3. Subject to easements, reservations and
North line of the South 1 /2 of said Tract restrictions or record.
lOB;
Thence N.89'31'2B"E. along said North line, 4. Easements shown hereon are per plot, unless
a distance of 55.00 feet to it's intersection otherwise noted.
with the Easterly line of Tract 108;
Thence S,OO'28'32"E, along the East line of 5. ROW represents Rjght-of-Way.
said Tract 108, a distance of 165.00 feet 6, P.O.B. represents Point of Beginning,
to the POINT OF BEGINNING. 7. P.O.C. represents Point of Commencement.
Containing 9,075.00 square feet or 0,2083 B. O.R. represents Official Records.
acres, more or less, 9. LB.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
LINE TABLE 4
LINE LENGTH BEARING
U6 55.00 N89'31'28"E
L37 55,00 S 9'31'28"W
UB 165,00 N 0'2B'3 "W
N
9-/7-03 (DATE SIGNED)
NOT VALID WITHOUT li-lE SIGNATURE AND THE ~ ' I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 :is 50 100 200
CERTIFlCATE OF AUTHORIZATION LB #43 GRAPHIC SCALE
- PROJECT HO.: 65061 PNICQ. NO. : 123 COLVER COUNTY DEPARTMENT
Wil.Miller.'~- OF TRANSPORTAnON
Agenda Item No 10F
SKETCH & DESCRIPnON May 25, 004
-'~'--'~'I.oIlllIapo_.~-..
MocIMIr; tic pllOJECl NO" f 89
....""'~._._....
..................--.--."'-.--- 09/200J N6015-0Q5-000
~'._'--'- --- "-,,--
,-'"'-
I I
~ I
I
3:
0
.--..
~ --l
q <(
e:: z
GOLDEN GATE ESTATES <(
"0 I u I
UNIT NO. 2 0 ~ I
P,B. 4, PAGE 75 ~ I l!)
........, en
~ ~
l!)
TRACT L162___ en u
----------<:f08~-----------------~----: - e:: ~I
u
723 ~
!::: r I
TEMPORARY ~
CONSTRUCTION EASEMENT en 01
~ (,oj
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
L159 I
L160 I
P.O.B. t I
TRACT I
@
LINE TABLE
LINE LENGTH BEARING
L159 55.00 S89'31'2.8"w
L160 5,00 ",';!:f 31'2.8"w
L161 165.00 NOO'28'32"W
L162. 5,00 N89'31'28~E
LEGAL DESCRIPTION Ll63 165,00 SOO'28'32."E
A portion of the South' 1/2 of Tract 108
Golden Gate Estates Unit No. 2., Plot Book 4, NOTES:
Pages 75-76, of the Public Records of Collier
County, Florida, being more particularly 1. This is not 0 survey.
described os follows:
Commencing at the Southeast corner of Tract 2, Basis of bearing is the West line of County
108; thence S.89'31'2B"W, along the South line Rood 951 (C.R, 951) being N 00"'2.B'32" W. Florida
or Tract 108, 0 distance of 55.00 feet to the State Plane Coordinates NAO 83/90, East Zone.
POINT OF BEGINNING; thence continue 3. Subject to easements, reservations and
S.89'31'28"W, along said line, 0 distance of
5.00 feet; thence N.00'28'32"W., 0 distance of restrictions or record.
165,00 reet to its intersection with the North 4. Easements showtl hereon ore per plot, unless
line of the South 1/2 of Tract 108; thence otherwise noted. .
N.89'31'28"E. along said North line, 0 distance
of 5,00 feet; thence S.00"'28'32"E., 0 distance 5. ROW represents Right-of-Way.
of 1 65.00 feet to the POINT OF BEGINNING. 6. P.O.B. represents Point of Beginning.
Containing 825.00 square feet or 0.0189 7. P.O.C. represents Point of Commencement.
acres. more or less. 8, O.R. represents Official Records.
9. LB,E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
+
l} -;L]-D3 (DATE SIGNED) 3M
NOT VAuD WITHout THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED ~- I I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 1/43 0 2. "" 100 200
GRAPHIC SCALE
PRClJECT NO.: 65061 PARCD.. NO. : 72J
Wi"Millei'.'~~- 10F
004
1'Inwt. &.,0-.. ~. ____. ~_. "---""'-- f89
~hc
...../lII....._._.~ 09/200J PRWEcT NO.:
aa.....IMo.... .___.__.,.._.___ N6015-005-OOO
.p 22. 2003 - 11 :35:58 1IWlUR[!X:\SUR\NS015\851 od IOO.dwg
EXHIBIT~ FEE SIMPLE I I
Page.H.[or
INTEREST ~ I
- \ ~
GOLDEN GATE ESTATES ,.....
UNIT NO. 2 ~
0 I -l I
P.B. 4, PAGE 75 <
ci ~
"0 I u I
0 ....
.... LO
~ en
.- ci
LO
en U
~ ci I ~
~ ~
en
tn
TRACT ,0
____________________________________________0.
@
I I
I I
I I
I I
LEGAL DESCRIPTION
- A portion of the North 1/2 of Tract 108,
Golden Gate Estotes Unit No.2, Plot Book
4, page 75-76, of the Public Records of NOTES:
Collier County, Florida, being more
particularly described os follows: 1. This is not a survey.
LEGAL DESCRIPTION 2. Basis of bearing is the West line of County
Beginning at the Northeast corner of said Tract 108; Rood 951 (C,R. 951) being N 00'28'32" W. Florida
thence S.00'28'32"E. along the East line of said State Plane Coordinates NAD 83/90, East Zone.
Tract 108. 0 distance of 165,00 feet; thence
5,89'31 '28"W, along the South line of the North 1/2 3. Subject to easements, reservations ant!
of said Tract 108. 0 distance of 55.00 feet; thence restrictions or record.
N,00"28'J2"W., 0 distance of 165,00 feet to its 4. Easements shown hereon ore per plot, unless
intersec\'Jon with the north line of Tract 106; thence
N.89' 31 '26"E. along said North line, 0 distance of otherwise noted..
55.00 feet to the POINT OF BEGINNING. 5. ROW represents Right-of-Way.
Containing 9,075,00 square feet or 0.2083 acres,
more or less, 6. P.O,B. represents Point of Beginning.
7. P .O.C. represents Point of Commencement.
6. O,R. represents Official Records.
9. L.B.E. represents landscape Buffer Easement.
10. U,E. represents Utility Easement.
LINE BEARING +
l34 N69'31'28"E
L35 S89'31'2 "W
q-l7-tJJ N
(DATE SIGNED)
NOT VALID WITHOUT .THE SIGNATURE AND lllE ~- , j
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVE'r'OR AND MAPPER. . 25 50 '00 . 200
CERTIFICATE OF AUTHORIZATION LB 1f43 GRAPHIC SCAlE
PROJECT NO.: 65061 PNtCD. NO. = 124 COLLIER COUNTY DEPARTMENT
,-
Wil.Mille'-'~- OF TRANSPORTATION
10F
-,~'IiooIogWo.- ......--- .~~ 004
llIoclnYIer, he f 89
_.""....._._.r... PROJtCT NO.:
......u............__.__."'_.___ 09/2003 N601~-Q05-000
--
---, ..,.,.
TRACT I I
I I
@ L168 I I
~XHIBIT-h L164
;->age.& of
~ ~ I I
01 01
-..J (}l
~ I
TRACT ____ :i
----------------------------------------------L166 ....." q
@ :i 0::
0 -'
I ..:( I
ci z
I ..:( I
GOLDEN GATE ESTATES '0 u
UNIT NO. 2 0 ~
I{)
P.B. 4, PAGE 75 ......, 01
~ ~
I{)
01 U
ci I ~
c..i
TRACT TEMPORARY ~
@ CONSTRUC11ON EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSlRUCTlON)
LINE TABLE
LEGAl DESCRIPTION LINE LENGTH BEARING
A portion of the North 1/2 of Tract lOB L164 55.00 SB9' 31'28"W
Golden Gate Estates Unit No.2, Plat Book 4, L165 165,00 SOO'28'32"E
Pages 75-76, of the Public Records '.of Collier L166 5,00 SB9'31'28"W
County, Florida, being more particularly L167 165.00 NOO'28'32"W
described as follows:
L168 5.00 NB9'31'28"E
Commencing at the Northeost comer of Tract
108; thence S,89'31'28."W. along the North line NOTES:
of Tract 1 08. a distance of 55.00 feet to the
POINT OF BEGINNING; thence S.00'28'32"E., a 1. This is not a survey.
distance of 165.00 feet to its intersection with
the South line of the North 1/2 of Tract lOB; 2. Basis of bearing is the West line of County
thence S.B9' 31'28"W. along said South line, 0 Rood 951 (C.R. 951) being N 00'28'32" W, Florida
distance of 5.00 teet; thence N.00'28'32"W" 0 State Plane Coordinates NAO 83/90. East Zone,
distance of 165.00 feet to its intersection with
the North line of Tract 1 DB; thence 3. Subject to easements. reservations and
N.89'31'2B"E, along said North line, a distance restrictions or record.
of 5.00 feet to the POINT OF BEGINNING.
Containing 825,00 square feet or 0,0189 4. Easements shown hereon are per plat, unless
acres, more or less. otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O,C, represents Point of Commencement:
8. O,R. represents Official Records.
9. LB,E. represents landscape Buffer Easement.
10. U.E. represents utjJjty Easement.
+
q - ;0 ~O } (DATE SIGNED) 3M
NOT VAliD WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA UCENSED I~ I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643 0 2. .. 100 200
GRAPHIC SCAlE
p~rcr NO.: 65061 PARCO.. NO. : 724
Wi"Millei.'~- 10F
004
_.~.~..........~_.~-. f 89
........ he:. PROJEcT NO.:
_.IloI....._._.,.. 09/Z00.J
......IMl\..... .......__.__.,._. ___ N6015-005-ooo
lop 22. 2003 - 11:38:58 llI.AllURfIX;\SUR\H80' ~\t51 0<11 OD,d.,
--
EXHIBfTL , r \
L237 \
PageJf~ ot.A'[i FEE SIMPlE
INTEREST
-
, I
-------------------------- II I
\ ~ \
0
;--. ci
:Ii
q .J
<
cr. I ~ I
0 u I
0 I ~
~ \ 10 \
--- en
LEGAL DESCRIPTION -- @---
A portion of the North 1/2 of the Southeast ~~EL ~ 0:;
10
1/4 of the Southeast 1/4 of Section 34, 1 en u
Township 48 South, Range 26 Eost and being .- 0:;
o portion of those lands described in O,R. N I .~
Book 2533, Page 2620, of the Official Records to U
of Collier County, Florida, being more N \
particularly described as follows: I
Wo \
Commencing at the East 1/4 corner of WN
I--tO
Section 34, Township 48 South, Range 26 (J)N
East; thence N,89'51'33"W. along the North ;:) r
O::w N
line of the Southeast 1/4 of said Section 34, VI
o distance of 100.09 feet to its intersection 1--(.) <0
- <( \ ,
with the Westerly right-of-way line of County o::D-
Rood 951 (Collier Boulevard); thence W I I
S.02'16'O 1"E. along said right-of-way line, 0 o -
Zr<l \
distance of 1,338.B7 feet to the POINT OF _r<l \
BEGINNING; thence continue S.01'16'Ol"E. along -ll.()
said line, 0 distance of 669.43 feet to its N
~
intersection with the South line of the North O::~
1/2 of the Southeast '1/4 of the Southeast <(0
1/4 of Section 34; thence N.B9'48'OO"W. along ~O I I
said South line, a distance of 80,07 ,feet; CD
thence N,02'16'01 "W., 0 distance of 1>69.41 I I
feet to its intersection with the North line of 0::
,- the North 1/2 of the Southeast 1/4 of the 0 \ \
Southeast 1/4 of Section 34; thence
S,89'49'11"E. along said North line, 0 distance
of BO.07 feet to the POINT OF BEGINNING.
Containing 53,551.09 square feet or 1.2294
acres. more or Jess. I I
I I
.------------------- \ \
NOTES:
LINE TABLE .1, This is not a survey.
LINE LENGTH BEARING 2. Basis of bearing is the West line of County
L237 100.09 NB9'S1'33"W Road 951 (C,R. 951) being S 02',./01" E, Florida
L238 1338,87 S01'16'Ol"E State Plane Coordinates NAD 83/90, East Zone.
L239 669.43 S 2'16'Ol"E
L240 80.07 N89'48'OO"W 3. Subject to easements, reservations and
L241 669,41 NO'16'Ol"W restrictions or record.
L242 80.07 S89'49'll"E . ,
4. Ease'inents shown hereon ore per plot, unless
~ otherwise noted.
S. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning, .
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
DAVID ~. HY .,:, P.S.M. (FOR THE FIRM) 9. LB.E. represents Landscape Buffer Easement.
f'LORIDA LI .' Ne.5834 10. U.E. represents Utility Easement.
J()- 7. '0) (DATE SIGNED) N
"! I "
NOT VALID WITHOUT tHE SIGNATURE AND THE
ORGINA~ RAlS12D, SEAL OF A FLORIOA UCENSED ~ I
SURVEY R AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43' 0 ~ :lO 100 200
GRAPHIC SCALE
PROJECT NO.: 65061 P#lRCll. NO. : 130 COLUER COUNTY DEPARTMENT
- Wil.Millel..~~- OF TRANSPORTATION
_. ~.~ .....,....t.ndIafIo- .~~
IIIoclnUIr. tic I'IIQoj[CT NO. SHm NlN80t
--.,....... _. _.- 09/200:1
-................--.--.......,. --- N60t5-~-OOO tJO orX
Sop 2S, 2003 - 15:03;01 WlAMURE!X:\SUR\1l101 5\151..1 ao.Gwt
-----.------.-- .' ~- ... .,--~..- ".-. ---. .-.,--...--
EXHIBIT1 ~ ~ f~ftd6%i-~ I
Page!!i2:J.of-R!l FEE SIMPlE (0 .; -r' P.O,C. I
~O~ I
INTEREST 8 ~ P.O,B. I
v) I I
L169 h \
~------------------------
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~ 0
RICHARD D. AND FRANCIS A. CRAIG fTl '--' ll')
O,R. BOOK 2107. PAGE 1174 0)
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ll') I I
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. a:
~ ~y
I I
- L170 I
,
I \ \
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 34. Township 48 South. Range 26
East. and being a portion of those lands LINE BEARING
described in O.R. Book 2107, Page 1174. of L169 S89'49' 47"E
the Official Records of Collier County, Florida.
being more particularly descri.bed as follows: L170 N89'49'11''w
Commencing at the East 1 /4 corner of
Section 34. Township 48 South. Range 26
East; thence N.89'51'33"W. along the North NOTES:
line of the Southeost 1/4 of said Section 34.
a distance of 100.09 feet to its intersection 1. This is not a survey.
with the Westerly right-at-way line of County
Rood 951 (Collier Boulevard); thence 2, Basis of bearing is the West line of County
S.02" 16'0 I"E. along said right-of-way line, 0 Rood 951 (C.R. 951) being S 02'16'01" E. Florida
distance of 1,004.15 feet to the POINT OF State Plane Coordinates NAD 83/90. East Zone.
BEGINNING; thence continue S.02'16'01"E. along
said line, 0 distance of 334,72 feet to its 3. Subject to easements. reservations and
intersection with the South line of the South restrictions or record,
1/2 of the South 1/2 of the Northeast 1/4 4. Easements shown hereon are per plat. unless
of the Southeast 1/4 of said Section 34;
thence N.89' 49'11"W. along said South line, 0 '1therwise noted.
distance of 64.06 feet; thence N,02'16'01 "W.. 5. ROW represents Right-of-Way.
o distanc8 of 334.71 feet to its intersection
with the North line of the South 1/2 of the 6. P.O.B. represents Point of Beginning,
7. P.O.C. represents Point of Commencement.
South 1/2 of the Northeast 1/4 of the 8. O,R. represents Official Records,
Southeost 1/4 of said Section 34; thence 9, L.B.E. represents Landscape Buffer Easement.
S.89'49'47"E. along soid North line, a distance 10, U.E. represents Utility Easement,
at 64,06 feet to the POINT OF BEGINNING.
Containing 21.422.33 square feet or 0,4918
acres. more or less. ~
'1-~~o J (DATE SIGNED) N
NOT VAllO WITHOUT TH,E SIGNATURE AND THE r- - I
ORGINAl. RAISED SEAL OF A FLORIOA UCENSED
SURvEYOR ANO -MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643 0 u 50 100 200
GRAPHIC SCAlE
PROJECT NO.: 65061 PARCO. NO. : 131 COLLIER COUN7Y DEPARTMENT
Wi"Miller-'~W- OF TRANSPORTATION
OF
SKETCH && DESCRIPTION 04
_.~.-....'---.~_.~~ 89
............ h:.
......Fwtlln._._."- 09/200:1 P~NO.:
-"""'-..... .---.--.""-. --- N60/5-005-OOO
Sop 23. 2003 - 10:58;42 MlAIotUREIX:\SUR\NS015\'51odl00.dwg
._u_n
EXHIBIT A t- ~.;~~'~J':'~~~ \
p . 4JLi.. , "5lf"i 0 U") l 100.09
age-L:T:::. of-ill.) -to:;: . -J-..... P.O.C.
:-O~ I I
_ NO
~~ '1 I
-------------------~ 7'-1-n-hl h \
.------------------------ L J I
:i
TEMPORARY I q 1
CONSTRUCTION EASEMENT r-: I IX:
(DURATION: 3 YEARS FROM I ~ I..J I
COMMENCEMENT OF CONSTRUCTION) ~ ~
RICHARD D. AND FRANCIS A. CRAIG 5 ~ \ -~ \ ~ \
O,R. BOOK 2107, PAGE 1174 0) -...J ........ 0)
tv ~
s \~~L\
~ ~ L175 I I ,
------------------------------ -----1 1
LEGAL-DEscRiPTION L 1 73 I
A portion of the South 1/2 of the South 1/2 \ \ \
of the Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South, Range 26
Eost, and being 0 portion of those lands
described in O.R. 800k 2107, Page 1174, of LINE TABLE
the Official Rec~rds of Collie~ County, Florid.o, LINE LENGTH BEARING
being more partIcularly descnbed as follows. 1171 64.06 N89' 49' 4-7"W
Commencing at the East 1/4 corner of L1n 334.71 S02"16'Ol"E
Section 34, Township 48 South, Range 26 L173 46.04 N89'49'1 1 "W
East; thence N.89'51 '33"W. along the North L174 20.02 N02'16'Ol"W
- line of the South 1/4 of s~id ~ection ~4, o. L175 41.04 S89'49'11"E
distonce of 1~0.09 feet to .,tS intersectIon With L176 314.69 N02"16'Ol"W
the Westerly nght-of-way lone of County Rood . "
951 (Collier Boulevard); thence S.02'16'Ol"E. L177 5,00 589'4947 E
along said right-of-way line. 0 distance of .
1,004.15 feet to its intersection with the North NOTES.
line of South 1/2 of the South 1/2 of th~ 1. This is not 0 survey,
Northeast 1/4 of the Southeast 1/4 of SOld
Section 34; thence N.89'49'47"W. along said 2. Basis of bearing is the West line of County
North line, 0 distance of 64.06 f~et ,to .the Rood 951 (C.R. 951) being S 02'16'01' E, Florido
POINT OF 8EGINNING; thence, S'92 16 01. E., a. State Plane Coordinates NAD 83/90, East Zone.
distance of 334.71 feet to Its IntersectIon With
the South line of the South 1/2 of the South 3. Subject to easements, reservations and
1/2 of the Northeast 1/4 of the Southeast restrictions or record.
1/4 of said Section 34; thence N.89'49'll "W.
along said South line. 0 distance of 46.04 4. Easements shown hereon are per plat. unless
feet; thence N.02'16'Ol"W" 0 distance of otherwise noted.
20.02 feet; thence S.89'49'11"E., 0 distance of
41.04 feet; thence N.02'16'Ol "W., 0 distance 5. ROW represents Righ~-of-Woy.. .
of 314.69 feet to its intersection with the 6. P.O.B. represents Po!nt of 8eglnOlng.
North line of the South 1/2 of the South 1/2 7, P,O.C. represents Po~nt of Commencement.
/ / 8. O.R. represents OffiCial Records.
of t~e Northeast 1 4 0: t~e ~outheast 1 .4 of 9. L8,E. represents Landscape Buffer Eosement.
Section 34; th,:nce S.89 49 47 E. along SOld 10. U,E. represents Utility Easement.
North line, 0 distance of 5.00 feet to the
POINT OF 8EGINNING. ~
Contoining 2.492.90 square feet or 0.0572
acres. more or less.
q -J...lf -();) (DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE ~ I I
ORGINAL RAISED, SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. 0 .. 00 100 200
CERTlFlCATE OF AUTHORIZATION L8 #43 GRAPHIC SCALE
-. PROJECT ""-' 65067 !""""" NO. , 731 COW~R COUNTY DEPARTM~NT
-.. ......- OF TRANSPORT AnON
Wil.Miller sKE:rCH 4& DESCRIPnON
-.llIgMn .&<qIoIt,.".,..,~- .~~
..../lrI~.~.,.,. PltOolE1:T "".
lIllI...,lalo.........__.__.,.._._-_ 09/200.J N60'~~-OOO
Sop 2<1, 2D03 - 10:S!:42 1Iw.aJAE!X:\SUR\NII01S\gSlodl00.clwt
-
EXHIBIT-& I
I -L214-L I
page.&Q. Of . () FEE SIMPlE I
INTEREST h \
I . I
~
I 0 I
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CON PROPERTIES 0 I
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O.R. BOOK 3004, PAGE 660 ~ '-' 0)
~ ~ I r:i I
ll)
132 ; I ()
LJ
~
I
I I
--------------------
LEGAL DESCRIPTION LINE TABLE
A portion of the North 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of LINE LENGTH BEARING
Section 34, Township 48 South, Range 26 L214 100.09 N89'51'33"W
East, and being 0 portion of those lands L215 669.43 S02'16'Ol"E
described in O.R. Book 3004, page 660, of L216 334.72 S02'16'OI"E
the Official Records of Collier County, Florida,
being more particularly des~ribed os follows: L217 60.05 N89'49'47"w
L218 334,71 N02" 16'01"W
Commencing at the East 1/4 corner of L219 60,05 S89'50'22 "E
Section 34, Township 48 South, Range 26
East; thence N.89'51'33"W. along the North NOTES:
line of the Southeast 1/4 of Section 34, 0
distance of 100.09 feet to its intersection with 1. This is not 0 survey,
the Westerly right-of-way line of County Rood 2. Basis of bearing is the West line of County
951 (Collier Boulevard); thence 5.02"16'01 "E.
along said right-of-way line, 0 distance of Rood 951 (C.R. 951) being S 02'16'01" E, Florida
669,43 feet to the POINT OF BEGINNING; State Plane Coordinates NAD 83/90, East Zone.
thence continue S,02'1 6'Ol"E. along said line,
o distance of 334.72 feet to its intersection 3, Subject to easements, reservations and
with the South line of the North 1/2 of the restrictions or record,
South 1/2 of the Northeast 1/4 of the 4. Easements shown hereon ore per plot, unless
Southeast 1/4 of Section 34; thence
N,89' 49' 47"W. along said South line, 0 distance otherwise noted.
of 60.05 feet; thence N.02'16'01 "W" 0 5, ROW represents Right-of-Way,
distance of 334.71 feet to its intersection with 6. P.O.B. represents Point of Beginning,
the North line of the North 1/2 of the South 7. P.O.C. represents Point of Commencement.
1/2 of the Northeost 1/4 of the Southeast 8. O.R. represents Official Records.
1/4 of Section 34; thence S.89'50'22"E. along 9. L.B,E. represents Landscape Buffer Easement.
said North line, 0 distance of 60.05 feet to 10. U.E. represents Utility Easement.
the POINT OF BEGINNING.
Containing 20,081.46 square feet or 0.4610
acres. more or less. +
'. - (OATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE .... I
ORGINAL RAISED SEAL OF A flORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 1/43 0 .. .., 100 200
GRAPHIC SCAlE
PROJECT NO..: 65061 PAReD. NO. : 1J2 COLUER COUNT'( DEPARTMENT
Wil.Mille'-'~-- OF TRANSPORTATION
_. ~ '6:<lI'III*',,-, 'LMcIoc:Ipo_, ~""*-
1IIIcnl8or, h:: PROJECT NO.;
m............... '_::~";'~~'I::-.___ 09/200:1 N60/S-DOS-OOO
Sop 24, 200J - 14:17:05 IllAllUREjX:\SUR\NeDI5\S51 0011 00."'-11
~.
hi
EXHIBIT I , I
_ Page~ of l220 I
----------------------- ~ - ~ \
I . \
TEMPORARY ?-
CONSTRUCTION EASEMENT I ~ \
(DURATION: 3 YEARS FROM \ 0 a:: \
C<*MENCaENT OF CONSTRU~~ ! \ ~
CON PROPERTIES r r I ~ I ~ I
O.R. BOOK 3004, PAGE 660 ~ ~ 1::- I 01. I
\ ~ \ 5 \
I L..: WI
I \ I
---------------------------------------------L224----1 \ \
LEGAL DESCRIPTION \
A portion of the North 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of LINE TABLE
Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands LINE lENGTH BEARING
described. in O.R. Book 30~4, poge 660, ~f L220 100,09 N89'51' 33'W
the Officlol Records of Colher County, flOrida, , , "
being more particularly described os follows: L221 669.43 S02 1601 E
L222 60.05 N89'50'22"W
Commencing at the East 1/4 corner. of L223 334.71 S02'16'Ol"E
,- Section 34, Township 48 South, Range 26 L224 5.00 N89'49'47"W
Eost; thence N.89'51'33"W. along the North L225 334.71 N02'16'Ol "W
line of the Southeast 1/4 of Section 34, a L226 500 '"'-'50'22"E
distance of 100,09 feet to its intersection with . .>",l>
the Westerly right-of-way line of C?un~ ~ood NOTES:
951 (Collier Boulevard); thence S.02 1601 E.
along said right-of-wC'y line, 0 distance of 1 This is not 0 survey.
669.43 feet to its intersection with the North .
line of the North 1/2 of the South 1/2 of 2, Basis of bearing is the West line of County
the Northeast 1/4 of the Southeast 1/4 of Road 951 (C.R. 951) being S 02'16'01" E, Florida
Section 34; thence N.89'50'22'W. along said State Plane Coordinates NAD 83/90, East Zone.
North line, Q distonce of 60.05 feet to the .
POINT OF BEGINNING; thence S.02'16'Ol.E., a 3. Subject to easements, reservations and
distance of 334.71 feet to its intersection with restrictions or record.
the South line of the North 1/2 of the South
1/2 of the Northeast 1/4 of the Southeast' 4, Easements shown hereon ore per plot, unless
1/4 of Section 34; thence N,89'49'47"W. along otherwise noted.
said South line, 0 distance of 5.00 feet;
thence N 02'16'Ol"W. a distance of 334.71 5. ROW represents Right-of-Way.
feet to its intersecti~n with the North line of 6. P.O.B. represents Point of Beginning,
the North 1/2 of the South 1/2 of the 7. P.O.C. represents ~o!nt of Commencement.
/ /4 of 8. O,R. represents OffiCial Records.
Nort~east 1 4 of the S?ut~ea;t 1. 9, L.B.E. represents Landscape Buffer Easement.
Section. 34; th~nce S.89 50 22 E. olong sOld 10. U.E. represents Utility Easement.
North Ime, 0 dIstance of 5.00 feet to the
POINT OF BEGINNING.
Containing 1,672.04 square feet or 0.0384 ~
."". m~ ., ,.... t
JDATE SIGNED) N
NOT VALID WITHOlJT. THE SIGNATURE AND THE ~ I
ORGINAL RAISED SI;AL OF A FLORIDA LICENSED i
SURVEYOR AND MAPPER. 0 25 ""'00 200
_ CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE
''11''01'';1' NO" 65061 "ARCQ, NO. I 732 COLUER COUNTY DEPARTMENT
WiIf'''"IIiIIB'.''''''- OF TRANSPORTAnON 10F
~~ , 004
_.",-.Il:oo\IwWt'___.~-,~~ f 89
.....IIIf~.t;;..'_ ~ NO,:
...,LoII..... _____._ _,,._, _ __ 09/2oo,J N6015-005-000
Sop 2lI. 2003 - '~;03~ NlJ,l.tURE\X:\SUll\Neo'~\85'od'OO.dw9
-~"._._-","., -~".. -~~_.- --,._-~-~ ...-.~---
- - - - L231
NoiHlS;TElu~': .j..J
Pagf.,& of~ I I
FEE SIMPlE I I
INTEREST ~
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CON PROPERTIES 0 ~
~ Ll)
'-J en
O.R. BOOK 3004, PAGE 660 Ll) ~
en (.) I
I
0:: ~
U I
~
I I
I I
LEGAL DESCRIPTION
A portion of the North 1/2 of the Northeast I I
1/4 of the Southeost 1/4 of Section 34,
Township 48 South, Range 26 East, and ~eing I I
o portion of those lands descri.bed in O.R. I
Book 3004, page 660, of the Official Records
of Collier County, florida, being more
particularly described os follows:
.-------------------------------------------
Commencing at the East 1/4 Corner of
Section 34, Township 48 South, Range 26 NOTES: I
East; thence N.89'51'33"W, along the North
line of the Southeast 1/4 of Section 34, a 1. This is not 0 survey.
distance of 100.09 feet to its intersection with
the Westerly right-of-way line of County Road 2. Basis of bearing is the West line of County
951 (Collier Boulevard) and the POINT OF Road 951 (C.R. 951) being 5 02'16'01" E, Florida
BEGINNING; thence 5.02'16'01"[, along said State Plane Coordinates NAD 83/90, East Zone.
Westerly line, 0 distance of 669.43 feet to its
intersection with the South line of the North 3. Subject to easements, reservations and
1/2 of the Northeast 1/4 of the Southeast restrictions or record.
1/4 of Section 34; thence N.89'50'22"W. 'along 4. Easements shown hereon are per {',."t,. unless
said South line, a distance of 60.05 feet;
thence N.02" 1 6'01 "W., a distance of 669,41 otherwise noted.
feet to it intersection with the North line of 5. ROW represents Right-of-Way.
the Southeast 1 /4 of Section 34; thence
S.89'51'33"E. along said North line, 0 distance 6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
of 60.05 feet to the POINT OF BEGINNING. 8. O.R. represents Official Records.
Containing 40,162.62 square feet or 0.9220 9. l.B,E. represents Landscape Buffer Easement.
acres, more or Jess. 10. U,E. represents Utility Easement.
LINE TAB LE +
LINE LENGTH BEARING
L227 100,09 N89'S1 '33"W
L228 669.43 S02'16'Ol"E
,..P. ..1.1: (FOR THE FiRM) L229 60,05 N89'50'22"W
, N9;' S6}4 L230 669.41 N02'1 6'01 "W
'1 -J tl7OY': .' _~(OATE SIGNED) L231 60.05 S89'S1'33"E N
NOT VALID WITHOUT THE SIGNATURE AND THE ~ I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La 643 0 2.'l 00 100 200
GRAPHIC SCAlE
PRO../ECT NO.: 65061 PARCO.. NO. : 1JJ
Wil.Millei-'~-- 10F
004
-'~'fiDoIIpIIo,---,~-,~~ f 89
-...; m. PRO.,IECT NO.:
11II"""'-..... .....=.:.r......"'=--~'.=.m, __ 09/200:1 N6015-005-000
Sop 25, 211113 - 15:03:OV lUlIUREIX:\SUR\N6015\951 odl OO.dw9
-
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---~
:R":- LINE OF THE SOU-:~ 1/4 ~ - - _ :J.236 -
-
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....., en
O,R, BOOK 3004, PAGE 660 ~
lO 0::
1:;1:; I en U I
,
.t.J t.J I Ii ~
. (]I t.J U I
TEMPORARY \ ~
CONSTRUCTION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTlON}
I I I
I I I
LEGAL DESCRIPTION \ \ \
A portion of the North 1/2 of the Northeast I I I
1/4 at' the Southeast 1/4 of Section 34, I 1
Township 48 South, Range 26 East, andlleing I
..- · .""," of fI>~' I~" "..n'" " 0... 1 \
Book 3004, page 660, of the Official Records \
of Collier County, Florida, being more
particularly described os follows:
.----------------------------------------------- -----
Commencing at the East 1/4 Corner of L234
Section 34, Township 48 South, Range 26 NOTES: I
East; thence N.89'51'33"W. along the North
line of the Southeast 1/4 of Section 34, a 1. This is not 0 survey.
distance of 160.14 feet to the POINT OF
BEGINNING: thence S.02'16'0 1 "E., 0 distance of 2. Basis of bearing is the West line of County
669.41 feet to its intersection with the South Road 951 (C.R. 951) being S 02'16'01" E, Florida
line of the North 1/2 of the Northeast 1/4 State Plane Coordinates NAD 83/90, East Zone.
of the Southeast 1/4 of Section 34; thence
N.89'50'22"W, along soid South line, a distance 3. Subject to easements, reservations and
of 5.00 feet; thence N.02'16'01 "W" a distance restrictions or record.
of 669.41 feet to it intersection witl\ the 4. Easements shown hereon are per plat, unless
North line of the Southeast 1/4 of Section
34; thence S.89'51'33"E. along said North line, otherwise noted.
o distance of 5.00 feet to the POINT OF 5. ROW represents Right-of-Way.
BEGINNING,
Containing 3,344.05 square feet or 0.0768 6. P .O,B. represents Point of Beginning.
acres. more or less. 7. P.O.C. represents Point of Commencement.
8, O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U. E. represents Utility Easement.
LINE TABLE .~
UNE LENGTH BEARING
K2 . L232 160.14 N89'51'33"W
L233 669.41 SO '16'OI"E
L234 5.00 N89'50'22''W
L235 669.41 N02'16'01 "W
11' } ((-(J J :: . L236 5,00 S89'51'33"E N
(DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE 'J- t
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43 0 25 50 100 200
- GRAPHIC SCALE
PRO"IECT ~ 65061 PAACQ. NO. ; 733
Wil.Mille'-'~~-
_. ---.8ooIagIoIo..".,....~- .~--
wr.crioItr, h::.
...../lrt,...._._.T_ 09/200:1 PRWECT NO.:
IIID_~""'_-___''''_'___ N6015-oo5-OOO
Sop 2'. 2003 - , ,:03:01 1IlAIoIUREJX;\SUR\NIO' '\11" odl OO.d"ll
-,- ~._--
On __ _ ..__
8'1 ~;BIT -A h \ \
PaQe_lJ-9.. ocro ~
- FEE SIMPLE I ~ I I
INTEREST I ~ I I
; b \
OJ 0 I ~
I I ' I ci ~ r
IY ~ to
South 1/2 of the South 1/2 of .W u I <l. i ::, '"
[the Southeast 1/4 ot the ~i::> ~ 8 ~
Northeast 1/4 ot Section 34 ~ C! u ,.., ~ ~
. 0 :d...JQ.
8 f<) P.O,B. ~ <D U
.' z"'" 589'51'33"E 361.87' 'g ~ g
. . - . . - . 'r'!OlL.BO~D. - , . _ . . ri ~ IIi
(OCCUPATION) N89'51'33"W 363.12' u n:
N89'51'33"W L
75,07'
NB9'S1'33'W P.O.C.
100.09' I East 1/4 Corner
of Sedion 34,
I I Towns1P 48 South,
Range 26 East
I I
LEGAL DESCRIPTION I t I
A portion of the South 1/2 of the South 1/2 I
of the Southeost 1/4 of the Northeast 1/4 of
Section 34. Township 48 South, Range 26 East.
and being 0 portion of those lands. described in
O,R Book 3069 pages 2831-2832.' of the NOTES:
Official Re.cords of Col.lier County, Florida being 1. This is not 0 survey,
more parlrcuarly descnbed os follows:
2. 8asis of bearing is the West line of County
Commencing at the East 1/4 Corner of Section Rood 951 (C.R, 951) being N 02'15'04" W, Florida
34, Township 48 South, Range 26 East; Thence State Plane Coordinates NAD 83/90, East Zone.
North 89'51'33" West along the South line of
the Northeast 1/4 of said Section 34 a 3. :>u?ject to easements, reservations on-:l
distance of 100,09 feet to it's interse~tion with restnctlons or record.
the Westerly right-at-way line of County Road 4. Easement. shown hereon ore per plot, unles.
951 (Collier Boulevard); Thence continue along otherwise noted,
~aid line North 89'51'33" West 75.07 teet to ,
the POINT OF BEGINNING' Thence continue along 5. ROW represents Rlgh:-of-Way.. .
. . . , ~ , 6. P,O,8. represents Pomt of Begmn",g.
SOld Ime North 89 51 ~3 West 363.12 feet, 7. P.O,C. represents Point of Commencement.
Thence North 00'08'27" Eost 30.00 teet; B. O.R. represents Official Records.
Thence. South 89'S1' 33" East 361.87 teet; 9. L.B.E. represents Landscape Buffer Ea.ement.
Thence South 02'15'04" East 30.03 feet to the 10, U.E. represent. Utility Ea.ement.
POINT OF BEGINNING.
Containing 0.25 acres or 10.874.90 square
teet, mOre or less,
DAVID. J.'H.'Y: ..,: P.s:.;.. .( ..' '"E ,,,.) A
flORIDA lIC,~NO. 5B~4 " . '+
3-;;"? .:(}y '~,:. ~' !'(OATE SIGNED) 'Th-r'
. NOT VALID WIJHO~T ~HE' SIGNATURE AND THE J;'\I
.ORGINAL RAisEt) SEAL OF A FLORIDA LICENSED '._ I
SURVEYOR ANO MAPPER.
CERTIFICATE OF AUTHORIZATION LB 643 0 so '00 200 .00
GRAPHIC SCALE
PROoJECT NO., 65061 PAACn NO, , 1.J4A COLLIER COUNTY DEPARTMENT
-..........,<-.. OF TRANSPORTAnO
WilsqnMiller SKETCH'" DESCRIPnON
-. E_ E_ _,....,.....",._ ","_C<>"'''''''b
w"... ,..:',?,,=:,~~ ~ PROJ<CT NO"
Pit.....,........ --""''''''_a_ I.......,,,, ""....._... OJ/200~ N601!S-005-000
lfar 24. 2004 - 13:OB:44 lll.Al/URElX:\SVR\II6015\951odIOO,dog
EXHIBITo&cr FEE SIMPlE ~ \ \
P8~ 5D ~ INTEREST
,- ---- ,--
I ~ I I
q
I 0:: I ,
0 n \
0
.....
~
.....
If)
0'1 0 ~
South 1/2 of the South 1/2 I IX 1 Ii \~ I
ID
,- the Southeast 1/4 of the I U I I:;, n
\Nort,h~'l 1/4 of 5,01;" ,. 8m~
d3n:
mU
If) ffi 0
0'1 c ...,
. _ . . _ . . --YlO.L.I: ~ . ~.': ~/; ~ ai
(OCCUPATION) 0:
0
Vl~
o~
86 I
"-I> P.O,C,
. I \ East '(4 Carner
NB9'51'.t.W of See ion 34,
75.0" \ I Towns1P 48 South,
Range 26 East
NOTES: NB9'51 '33"W 1 \
100,09'
1. This is not a survey.
Basis of bearing is the West line of Counly I
2.
Rood 951 (C.R. 951) being N 02'15'04" W, Florida I I I
Slate Plane Coordinates NAD 83/90, East Zone. I
3. Subject to easements, reservations and
restrictions or record.
- 4. Easements shown bereon ore' per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C, represents Point of Commencement.
8. O,R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents UUlily Easement.
"
CURVE TABLE
CURVE ~ADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING
C14 50.00' 21"49'48" 19.05' 9.64,' 18.94' N10'46'27'W
C15 177.00' 30'42'06" 94.84.' 48.59' 93.71' N06'20'18"W
C16 25.00' 60'23'47" 26,35' 14.55' 25.15' N21"11'09"W
C17 6 .00' 3" 12'20" 3.47' 1.73' 3.47' N52'59'13"W
C18 25.00' 126'28'56" 56.06' 51.6" 45,03' N64"22'30"E
~
.(OATESIGNED) W-
NOT VALID WITH01Jr"THE SIGNATURE ANO THE 'J- J
, ORGINAL RAISED StAl> OF A FLORIDA LICENSED
. SURVEYOR AND 'MAPPER. 0 50 '00 200 400
CERTIFICATE OF AUTHORIZATION L8 643 GRAPHIC SCALE
-
PROJECT NO.: 85081 I"MC'O. NO. l tJ48 COLLIER COUNTY DEPARTMENT
Wil.nMiller'-"~'''~' OF TRANSPORTAnO ,10F
SKETCH & DESCR~nON 2004
__ ,_ ,_ _.1__ _"""""""" of 89
WilsonMi/1er. ,,,"-
-,....,...-.-""" PROJECT NO..!
....,t...... __~31If5,..,.,.. ZJlM'" J. mf,l!61Jf I~ ...'_......... OJ/200f N60/5-oo5-ooo
lor 24, 2004 - 13:0&.44 MlAWURE!X:\SUR\N501 ~\g~1 odl OO.d",
--. -....--.......--..- "'~-
EXHIBIT ;;fk-
Page-5lor
. ~ FEE SIMPlE
INTEREST
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the Southeast
1/4 of the Northeast 1/4 of Seelion 34, Township 48 South,
" Range 26 East. and being a portion of those lands described in
O.R Book .3069 pages 28.31-2832. of the Official Records of
Collier County, Florida being more particuarly described os
follows:
Commencing at the East 1/4 Corner of Section 34, Township 48
South, Ronge 26 Eost; Thence North 89'51'33" West olong the
South line of the Northeast 1/4 of said Section 34, 0 distonce
of 100.09 feet to it's intersection with the Westerly right-of-way
line of County Rood 951 (Collier Boulevard); Thence continue
along soid line North 89"51'33" West 75.07 feet;
Thence North 02' 1 5'04" West 30.03 feet to the POINT OF
BEGINNING;
Thence North 89'51'33" West 361.87 feet;
Thence North 00'08'27" Eost 50.00 feet;
Thence 19.05 feet along the ore of 0 circulor curve concave
west hoving 0 radius of 50,00 feet through central angle of
21'49'48" and being subtended by 0 chord which bears North
10'46'27" West 18.94 feet to 0 point of reverse curvature;
Thence 94,84 feet along the ore of 0 circular curve concave
eost, hoving a radius of 177,00 feet through a central ongle of
30'42'06"' subtended by 0 chord which beors North 05'20'18"
West 93.71 feet to 0 point of reverse curvature;
Thence 26,35 feet olong the ore of 0 circular curve concove
west, having a radius of 25.00 feet through 0 centrol ongle of
60'23'47" subtended by 0 chord which bears North 21'11'09"
West 25.15 feet;
Thence North 51'23'02" West 35,13 feet;
Thence 3.47 feet along the ore of a circular curve concave
southwest having a radius of 62.00 feet through centrol angle of
03'12'20" and being subtended by 0 chord which bears North '.
" 52'59'13" West 3.47 feet;
c' Thence North 38'36'58" East 50.10 feet;
Thence 56.05 feet along the ore of 0 non-tangential circular
curve concave northwest having a radius of 25,00 feet through a
central angle of 128'28'55" and being subtended by 0 chord
which bears North 64'22'30" East 45,03 feet;
Thence North 00'08'02" East 36,50 feet to a point on the North
line of the South 1/2 of the South 1/2 of the Southeost 1/4
of the Northeost 1/4 of said Section 34;
Thence South 89'51'58" East 331.01 feet;
Thence South 02'15'04" East 304.77 feet to the POINT OF
BEGINNING.
Containing 2.55 acres or 111,204.38 square feet, more or less.
NOT VAUD WITHOUT SHEET ONE OF "fWD
PROJECT NO.: 65061 I PARea NO. , 1J48 COWER COUNTY DEPA~~MENT
Wil.Miller-'~"'-N OF TRANSPORTAnO I~~ 11.. ,10F
~ : May 25 2004
SKeTCH Jc DESCRIPnON
-.'" f_ ~ ~"'_AnI>Ud!t _Ca......... Page 61 of 89
WilsonMiIlor. Ino.
_ fotll)os' Soa.. __ _ I PROJECT NO_: ~S;EET NU'-I.EJt: IfU NO,:
J21JI,.,......"'*JfJiJ ~,...,,)lJIS..Wf.,.... 2.1f""" '" !JIfn41ll Ifl6..SoIt ...........,nw OJ/2004 N6015--COS-OOO 8-2 OF 2 2L-8'2
lar 24. 2004 - '3:01;44 IoMMURElX:\SUR\N1I01S\tSl.dl DD.dwg
~HIBIT~ h\ \
P.ge~ FEE SIMPlE r:-
--- INTEREST I ~ I I
I ci I I
n\
o _
I ci I >- ""
South 1/2 01 the South 1/2 I I ~ J.
01 the Southeast 1/4 of the :::l ,.,
[Northeast 1/4 of Section 34 8 ~
...,~~
ii!da..
1O tx: -
m ~ g
liQl.F' RO~ ~ a:i
- . . . . - . . - . . - . , - . . (occupA'nON) ,. - > 0:
I
P,O,C.
I I East 1/4 Corner
of Sec~ion 34,
\ I Township 48 South,
Range '26 East
DESemenD' : \ \
I I
A portion of the South 1/2 of the South 1/2 of I
the Southeast 1/4 01 the Northeast 1/4 of Section
34, Township 48 South, Range 26 East, and being 0
portion of those lands described in O.R Book 3069
pages 2831-2832, of the Offici?' Record~ ~f Collier NOTES:
County, Florida being more par:1:icuarly dellcrlbed os
- follows: 1. This is not 0 survey.
Commencing at the East '/4 Comer of Section 34, 2. Basis of bearing is the West line of County
Towns,hip" 48 South, Range 26.East; thence N Rood 951 (C.R. 951) being N 02'15'04" W, Florida
89'51 33 W along the South lone of the Northeost State Plane Coordinates NAD 83/90, East Zone,
1/4 of said Section 34, a distance ~f 100.09 feet
to its intersection with the westerly right-of-way 3. Subject to easements, reservations and
line of County Rood 951 (Collier Boulevard) and the restrictions or record.
Point of Beginning; thence continue N 89'51'33" W
along said 1/4 section line a distance of 75,07 4, Easements shown hereon are per plat, unless
feet; thence N 02'15'04" W, 0 distance of 334,80 otherwise noted.
feet to a point on the North line of the South 1/2 .
f th S th 1/2 of the Southeast 1/4 of the 5, ROW represents Rlgh~-of-Way., .
o e ou ., 6. P.O.B. represents POint of Begln",ng.
Northea~t '/4 of SOld S.ectlon 34~ thenc~ 7. P.O.C. represents Point of Commencement.
S 89'51. 58 E, al~ng said. Nort~ line a distance of 8. O,R. represents Official Records.
75,07 feet to its intersection WIth the west~rly 9. L.B,E, 'represents Landscape Buffer Easement.
right-of-way line of County Road 951 (Collier 10. U.E. represents Utility Easement.
Boulevard); Thence S 02'15'04" East, along said
westerly right-of-way line, 0 distance of 334,81
1eet to the Point of Beginning.
Containing 25112.01 sq. feet or 0.5765 acres, more
or less.
2. - ,;./7 '0<( . co." ."EO) ~ .
I .
NOT VAliD WITHOUT THE. SIGNATURE AND THE 'Th-T
ORGINAl RAISEO St::AL' OF A FLORIDA LICENSED J;'\J
SURVEYOR !oND MAPPER.
CERTlFlCATE OF AUTHORIZATION LB 1/43 ...... I
o $0 100 200 400
REVISED PARCEL NO. - 03/29/04 GRAPHIC SCALE
REVISED PARCEL 03 23 04
-- I'IIDolfC1' NO.: 65061 PAACQ. NO. : 134C COLLIER COUN1Y DEPARTMENT
-_....""..'~ OF TRANSPORTATION
Wil."iller 6g~
- E_ E_ _.1__ -~ f 89
_ F":'~='':;'' .... PAOJECT "0'
.m>""'ft>>" _'-".....".__ ""~l1tf ........._... 09/200:1 N60'5-005-000
..... 24, 2004 - 13:08:44 IoIVMURE\X:\SUR\NS015\~S1oc1'OO.dwll
EXHIBIT4m: \~ \ \
Page$d.. of 'F.:RPETUAL, NON-I:XClUSIVf'
')RAINAGE EASEMENT I ~ I I
0
SSI' I Ii I I
"'S"''''' '"0 h \
'/",?",(- 0
~
......,
l!)
C OJ 0 l~ :;:
'" South 1/2 of the South I I ci I
N 1/2 of the Southeast I .J to
I::> I"l
D 1/4 of the ~ortheast <(
Z 8 ~
<(
....1/4 of Section 34 U lDu
C' ~3~
tcJ ~ !DU
./>0 10 ffi 0
.. OJ 0 I"l
- " 0:: ~ <Ii
n:
u
~ L
I'- _
NO N69"Sl'33"W I
- 0
a:l .
00 100.09' P,O.C.
or')
0 I I East '~4 Corner
Z of See Ion 34,
NOTES: \ I Towns1P 46 South,
Range 26 East
1. This is not 0 survey, \ \
2. Bos;s of bearing is the West line of County
Rood 951 (C.R. 951) being N 02'15'04" W, Florida I
State Plane Coordinates NAD 83/90, East Zone.
I I I
3. Subject to easements, reservations and ,
restrictions or record.
4. Easements shown hereon ore per plot: unless
otherwise noted.
.;
5. ROW represents Right'-of-Way.
6. P .O.B. represents Point of Beginning.
7. P .O,C. represents Point of Commencement.
8. O,R. represents Official' Records,
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING
~ C19 87.00' 39'32'10. 60,03' 31.27' 5 .85' N70'21'56"
C20 62,00' 38"28'S7" 41.64' 21,64' 40,66' S70'37'31"E
C22 25.00' 60' 23' 4 7" 26.35' 14.55' 2S,15' 521"11'09"
C23 177,00' 30"42'06" 94.84' 48,59' 93.71' 506'20'18"E
C24 50,00' 21'49'48" 19,05' 9.64' 18,94' SI0'46'27"E
C2S 40.68' 28'37'50" 20.33' 10,38' 20.12' N14"27'22"E
C26 40.00' 63" 36'37' 44.41' 24,81' 42.16' N60"34'35"E
e27 250.00' 19'39'09" 85.75' 43.3 ' 85,33' N82"33' 9"
e28 87.00' 25'04'35" 38.08' 19.35' 37.77' N8S"16'03"E
C29 63.00' 4712'29" 51.91' 27.53' 50.45' N74'12'06"E
':i2Jt'';'" 'J +
,. .;:;\ -::
,1:1 ;'.
DAVID f 'I{jf. .' p;. . ,. FOR THE FIRM)
FlO~ID,.' UC~ .,0, ~a3~. N
\ . ~ ; ., t --
J <;?'~ ';;;'Or..r:\ /<DATE SIGNED)
NOT 'VALiD' WrWOUT THE SIGNATURE AND THE ~ I
ORGINAl RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. . eo '00 200 '0'
CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCALE
:tOJECT ttO.: 65061 "~NO.: 8J4 COLLIER COUNTY DEPARTMENT
Wi/.Mille,.-' '''''""'" OF TRANSPORT AnON
SKETCH de DESCRfPnON
F'laMM EJt~ f~ SIIVJIfOB.t.ntIOtl>>Ndw-r.b ~M'P"fablCcM__nfS
Wi/sonMiller, Inc. PROJ(CT NO.:
.... F",~""""._ _
"Wlrt"Wr. ~1\WI"'.I5M.~mM4'" J.JJiWJlJJ ~Jaob.sae...~~ 0:1/200-1 N6015-005-(}(}o
r 24, 2004 - , 3:08:44 MWoIUREjJ<:\SVR\N801S\'Sl.dlOD,d.."
;X~J~r -lL- :"ERPET\JAl. NON-EXCWS",,,
ag~ of-KQ DRAWtGE EASEMENl
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the Southeast 1/4
of the Northeast 1/4 of Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands described in O.R Book 3069
pages 2831 -2832, of the Official Records of Collier County, Florida
being more particuarly described os follows:
Cammencing at the East 1/4 Corner of Section 34, Township 48
South, Range 26 Eost;
Thence North 89'51'33" West along the South line of the Northeast
1/4 of said Section 34, a distance of 100.09 feet to it's intersection
with the Westerly right-of-way line of County Road 951 (Co!lier
Boulevard);
" Thence continue along said line North 89'51'33" West 361.87 feet;
Thence North 00'08'27" West 30,00 feet to the POINT OF BEGINNING;
Thence North 89'51'33" West 526.98 feet;
Thence North 00'08'27" East 61,03 feet;
Thence 20.33 feet along the arc of 0 circular curve concave east
having a radius of 40,68 feet through central angle of 28'37'50" and
being subtended by a chord which bears North 14'27'22" East 20.12
feet;
Thence North 28' 46'17" East 61,68 feet;
Thence 44.41 feet along the arc of a circular curve concave southeast
having a radius of 40.00 feet through central angle of 63'36'37" and
being subtended by a chord which bears North 60'34'35" East 42.16
feet to a point of reverse curvature;
Thence 85.75 feet along the arc of a circular curve concave north,
having 0 radius of 250.00 feet through 0 central angle of 19'39'09"
subtended by a chord which bears North 82'33'19" East 85.33 feet to
o pain I of reverse curvature;
Thence 38,08 feet along the arc of a circular curve concave south,
having a radius of 87.00 feet through 0 cenlral angle of 25'04'35"
subtended by a chord which bears North 85'16'03" East 37.77 feet to
I a paint of .reverse curvature;
_ Thence 51.91 feet along the arc of a circular curve concave north,
having a radius of 63.00 feet through a central angle of 41'12'29"
sublended by a chord which bears North 74'12'06" East 50.45 feet;
Thence North 50'35'51" East 26.28 feet;
Thence 60.03 feet along the arc of a circular curve concave south
having 0 radius of 87.00 feet through centrol ongle of 39'32'10. and
being subtended by a chord which bears North 70'21'56" East 58.85
feet;
Thence South 89'51'59" East 120.00 feet;
.' Thence 41 .64 feet along the orc of 0 circular curve concave south
having 0 radius of 62.00 feet through central ongle of 38'28'57" and
being subtended by a chord which beors South 70'37'31" East 40,86
feet;
Thence South 51'23'02" Eost 35,13 feel;
Thence 26.35 feet along the arc of a circular curve concave wesl
having 0 radius of 25,00 feet through a central ongle of 60'23'47"
and being subtended by 0 chord which bears South 21'11'09" Easl
25.15 feet to 0 point of reverse curvoture;
Thence 94.84 feet along the arc of a .circular curve concave east,
having 0 radius of 177.00 feet through a central ongle of 30'42'06"
subtended by 0 chord which bears South 06'20'18" Eost 93.71 feet to
o point of reverse curvature;
Thence 19.05 feet olong the arc of a circular curve concave west,
hoving 0 radius of 50.00 feet through 0 central ongle of 21'49'48" I
subtended by 0 chord which bears South 10'46'27" East 1 8.94 feet;
Thence South 00'08'27" West 50.00 feet to the POINT OF BEGINNING.
Contoining 2.20 acres or 95,874.41 square feet, more or less.
NOT VALID WITHOUT SHEET 1 OF 2
_ ...",lCT NQ.. 65061 I pARCEL NQ, , B.J-f COLLIER COUNTY DEPARTMENT
. -......."'-. OF TRANSPORTATlQN . IL ..,.
1."'eA,,~il'ar ,~'" ,....... ..... " ,..... 10F
..I.~.,rl."uJ SKETCH de DESCRIPTION May 25, 2004
-. _ E_ SLnojo<n.,__ -"""........ Pa'~e 63 of 89
IWsonAlII..., It>c. 1 \.I'
,.,., 'flfllptl. SI1MIII .a.a. """ I pftOJ[CT JoIO.1 I SM[[T NUW8U; Inti: NO.:
.1>.'0,,",'''' s..... _~"_,_,,,....... .. DUll.51" ...... ..._... OJ/2004 I N60 '$-005-000 IIJ4-2 OF 2 2L -812
or 24, 2004 - 13:041:44 ilIINoIUREJx;\5UR\NSOI5\.51 odl OO.d",
M._~H '__"",.__'~-" .____n -._---
----
EXHIBIT A I I
I I
Page~ of..&:L, I I
I
FEE SIMPlE I ~ I
INTEREST ;-.. I q I
~ cr:
....J
ci <(
cr: ~
'0 ()
WATERWAYS JOINT VENTURE N 0
O.R. BOOK 2924, PAGES 3011-3012 ~ ll) I
'-' I O'l
~ I I
ll) a:;
O'l W
a:;
()
LJ
I I
---------------------------- I I
LEGAL DESCRIPTION c:: I
-..,J
A portion of the North 1/2 of the South 1/2 U> L1~
of the Southeost 1/4 of the Northeost 1/4 of
Section J4, Township 48 South, Range 26 P.O.C,
East, and being a portion of those lands
described in O.R. Book 2987, Pages
3011-JOI2, of the Official Records of Collier LINE TABLE
County, Florida, being more particualr/y
described os follows: LINE LENGTH BEARING
Commencing at the East 1/4 Corner of L178 100.09 NB9'S1 'JJ"W
L179 .3.34.81 N02"lS'04"W
Section J4, Township 48 South, Rong!Y 26 L1S0 65.06 N89"52'OJ"W
East; thence N.89"51'J3"W. olong the South
line of the Northeast 1/4 of said Section 34, L181 334.79 N02'15'04 "W
o distance of 1 00.09 feet to its intersection L182 65.06 S89"52'43"E
with the Westerly right-of-way line of County L183 334,80 S02"15'04"E
Road 951 (Collier Boulevard); thence NOTES:
N,02" 15'04"W. along said right-of-way line, a
distance of 334,81 feet to the South line of 1. This is not a survey.
the North 1/2 of the South 1/2 of the
Southeast 1/4 of the Northeast 1/4 of said 2. Basis of bearing is the West line of County
Section 34 and POINT OF BEGINNING; thence Rood 951 (C.R, 951) being S 02"16'01" E, Florida
N,89"S2'03"W. along said South line, 0 distance State Plane Coordinates NAD 83/90, East Zone.
of 65.06 feet; thence N,02"lS'04"W., a
distance of JJ4.79 feet to the North line of 3. Subject to easements, reservations and
the North 1/2 of the South 1/2 of the restrictions or record,
Southeast 1/4 of the Northeast 1/4 of said
Section J4; thence S.89'52' 43"E. along said 4. Easements shown hereon ore per plot, unless
North line, 0 distance of 65.06 feet to its otherwise noted.
intersection with the Westerly right-of-way line
of said County Rood 951; thence S.02"15 '04"E. 5. ROW represents Right-of-Way.
along said right-at-way line; 0 distance of 6. P.O.B. represents Point of Beginning.
JJ4.BO feet to the POINT OF BEGINNING. 7. P,O.C. represents Point of Commencement.
Containing 21,763.18 square feet or 0.4996 B. O.R. represents Official Records.
acres, more or less~ 9. l.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
4
CJ -Jq.:.O} . (DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE .- I
ORGINAl RAISED SEAL OF A FlORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La (143 0 ~ .. '00 200
GRAPHIC SCALE
PAOJECT NO~ 65061 PARCEL. NO. : 135
WiI.Millei--~~-
-"~'~"---"~~"~c:on..rn
lIIocrioWor, n. PRO..I[CT HO.:
IIIlMru...... .....=-,....;..~~'::.w"__ 09/200:1 N601~-coo
Sop 2J, = - 18:05:02 toIlAWURlJX;\SUR\NDOl 5\g51 odl00.dwg
EXH~ I I
Pa~ of I I
~- L189 I I
h \
TEMPORARY I I ~ I
CONSTRUCTION EASEMENT I 0 I
I ,.-.. ci
(DURATION: 3 YEARS FROM ~ \ ...J \
COMMENCEMENT OF CONSTRUCTION) \ ci 4:
ci Z
4:
S S '"0 U
WATERWAYS JOINT VENTURE IV CO LO 0 .....
O.R. BOOK 2924, PAGES 3011-3012 CO 0 ..... l{) I
I '-" I m
..... I I
I l{) ~
m LJ
B\ U
I I I
L186
---------------------------------------------L187---S~ I I
z: rLlIiL_-~ \
P.D.C.
LEGAL DESCRIPTION
A portion of the North 1/2 of the South 1/2 LINE TABLE
of the Southeast 1/4 of the Northeast 1/4 of LINE LENGTH BEARING
Section 34, Township 48 South, Range 26
Eos~, and being a portion of those lands l184 100.09 N89'51 '33 "W
described in O.R. Book 29B7, Poges L185 334,81 N02'lS'04'iV
3011-3012, of the Official Records of Collier L18S 65,06 NB9'52'03"W
County, Florida, being more ,particualrly" L187 5,00 N89'52'03"W
- described os follows:
L18B 334.79 NO '15'04"W
Commencing ot the East 1/4 Comer of L189 5,00 S89'52'43"E
Section 34, Township 48 South, Range 26 l190 334,79 S02'15'04"E
East; thence N.89'51'33"W. along the South NOTES:
line of the Northeast 1 /4 of said Section 34,
o distance of 100.09 feet to its intersection 1. This is not a survey.
with the Westerly ri9ht-of-way line of County
Rood 951 (Collier Boulevard); thence 2. Basis of bearing is the West line of County
N.02'15'04"W. along said right-of-way line, 0 Road 951 (C.R. 951) being S 02"15'04" E, Florida
distance of 334,81 feet to the South line of
the North 1/2 of the South 1/2 of the Stote Plane Coordinates NAD 8~/90, East Zone.
Southeast 1/4 of the Northeast 1/4 of said 3. Subject to easements, reservations and
Section 34; thence N.89'S2'03"W., a distance restrictions or record.
at 65.06 teet to the POINT OF BEGINNING;
thence continue N.89'52'03"W. along said 4. Easements shown hereon ore per plat, unless
South line, 0 distance of 5.00 teet; thence otherwise noted.
N,02'1S'04"W., a distance of 334.79 feet to
the North line of the North 1 /2 of the South 5. ROW represents Right-at-Way.
1 /2 of the Southeast 1 /4 of the Northeast 6. P.O,B. represents Point of Beginning. I
1/4 of said Section 34; thence S.89'52'43"E. 7. P.O.C. represents Point of Commencement.
along said North line, 0 distance of 5.00 feet; B. O.R. represents Officiol Records.
thence S.02'1S'04 "E.; 0 distance at 334.79 9. LB,E. represents Landscape Buffer Easement.
feet to the POINT OF BEGINNING. 10. U.E. represents Utility Easement.
Containing 1673.94 square feet or 0.03B4 +
acres. more or less.
(
DAVID J. HY.
FLORIDA U , NO.
Cf ' ;Zq -03 (DATE SIGNED) N
. NOT VAlID WITHOUT THE SIGNATURE AND THE '.- i
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTlFlCATE OF AUTHORIZATION L8 #43 . 2' 00 100 200
GRAPHIC SCAlE
-
PROJECT NO.~ 65061 PARCO.. NO. : 735 COLLIER COUNTY DEPARTMENT
Wi_Miller..~- OF TRANSPORTATION
_.---.--.~,~_.~~
llkirMIr, he> PROJECT NO.:
.....""......-.-.- 09/20O:J
..""'l.IoI.......__.__.I\I_.___ N60/5-005-DOO
Sop 23, 2003 - 18'08,02 IIWIIJREIX:\SUR\NSOI 8\8$1 odl QO.dw,
-"- ,,~. ..,~. - -..,.-...--
I- Page~ ot" I I
(J) - I I
L5 I I
(Q ---C2Ei7---~C.
C'\j I"-.. NORTHEAST
/'f) r CORNER
Lu .: ,.~ SECTION 34
0 /'f)
>1 co
:< I I I
~ 0 -If) L289 I
.~ Lul") I
~ LuCl o:::/'f)
::::::l(J)
()o::: I-LJ
:J :58 <0
0 Lu
(J) QUJ >(f n I
0:::
CO t:0 l- I
< '<t-~
'<t- ~< -C'\j ~
Q ~- GO) ~
::::::lCl JC'\j e:::
:r: (J)~ ~~ .-J
(J) Q <(
< ~g I ~ I
S: ()
~ o:::Ctl 0 I ~ I
U1
LJ 0 \ m
I- . ~
~ :=:(0::: "'-" ci
~o I ~ cJ
/'f) If)
m ~
:< ci I
0 Y
f::
(.) TEMPORARY I
LJ CONSTRUCTION EASE
(f) (DURATlON: 3 YEARS
COMMENCEMENT OF CONS
LEGAL DESCRIPTION I I I
A portion of Section 34, Township 48 South, NOTES:
Range 26 East, Collier County, Florida, being 0 1. This is not 0 survey.
portion of those lands described in O,R. Book
2924, Pages 335-337, of the Public Records 2. Basis of bearing is the West line of County
of Collier County, Florida, being more
particularly described os follows: Rood 951 (C.R. 951) being 5 OT15'31" E, Florido
State Plane Coordinates NAD 83/90, East Zone.
Commencing at the Northeast corner of 3. Subject to easements, reservations and
Section 34, Township 48 South, Range 26
East, Collier County, Florida; thence restrictions or record.
N.89'55' 30"W., 0 distance of 1 00. 15 feet to a 4. Easements shown hereon ore per plot, unless
point on the Westerly right-of-way line of
County Rood 951 (C.R. 951); thence otherwise noted.
5.0T15'04"E. along said Westerly line, 0 5. ROW represents Right-of-Way.
distance of 669,62 feet; thence N.89'54'27"W., 6. P.O.B. represents Point of Beginning.
o distance of 65.05 feet; thence S.OT 15'04 "E., 7. P.O.C. represents Point of Commencement.
o distance of 628.88 feet to the POINT OF 8. O.R. represents Official Records.
BEGINNING; thence continue S.02'15'04"W. 9. LB.E. represents Landscape Buffer Eosement.
along said line, a distance of 111.00 feet; 10. U.E. represents Utility Easement.
thence S.87'44'56"W., a distance of 36.00
feet; thence N.OT 15'04 "W., 0 distance of LINE TABLE ~
111.00 feet; thence N.87'44'56"E., 0 distance LINE LENGTH BEARING
of 36.0 et to the POINT OF BEGINNING.
Contai ng ,996.00 quare feet or 0.0917 L287 100,15 N89'55'30"W
acre . m e 0 I L2B8 669.62 50T15'04"E
L289 65.05 N89'54'27"W
L290 628.88 502"15'04"E
AMDREW B. BECK, P.S,M. (FOR THE FIRM) L291 111.00 50T15'04"E
flORIDA lIC. NO. 6065 L292 36.00 S87'44'56"W
/o/eCJk 3- _ (DATE SIGNED) L293 111.00 N02'15'04 "W N
/ L294 36.00 N87'44'56"E
NOT VAllO WITHOUT THE SIGNATURE AND THE '..- I I
ORGINAl RAISED SEAl OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 143 0 25 ,. 100 200
CRAPHIC SCAlE
PROJECt' NO.: 65061 PARCEL HI). : 739 COWER COUNTY DEPARTMENT
Wil.Millei.'~"- OF TRANSPORTATION
-'~'~'___'LMa:ooo_ .",,--~
~,'" PRWaT NO..:
..... r-l..... _. __. T_
__!lito.... .___.__."'_.__ 10/200J N601S-0Q5-000
Sop 2:5, 2003 - l~:OJ:08 IIWotUREjX:\SUR\N80T ~\9ST odT OO.dwg
~ ~
\ I ~~ ~.I EXH'BIT_
- II ~~~~ rJ. psge28-of1n
UllJ~V
T t "A" 0 a 0 N
CM;~~N COVE \ \ ;: ~ g 3M
PLAT BOOK 39, PAGES I U >- ~ I ~ '.- I
24-25 \:S :!!O
n., ,- I ~ F~r SIMP . ":;0 100 2..
-I I 20 B E. POC .. ~ LE GRAPHIC SCALE
_ L __ -=t:l 10' p, ,E ';i! INTEREST
_~ - Z
L,r '0 <:
10' B.E. :::0 U
00 NOTES:
NORTH LINE OF SECTION 34, :::::::
TOWNSHIP 48 S, RANGE 26 E ~~. u:; 1. This is not 0 survey.
m 2. Basis of bearing is the West line of County
Rood 951 (C,R. 951) being N 02'15'04" W, Florida
-en I 0::: State Plane Coordinates NAD 83/90, East Zone.
r-- U 3, Subject to easements, reservations and
.j. g 1 restrictions or record.
~ ~ 4, Easements shown hereon are per plat, unless
... \ otherwise noted.
5. ROW represents Right-of-Way,
RICHARD R. 3: 6. P.O.B. represents Point of Beginning.
YUREWITCH 7, P.O,C, represents Paint of Commencement.
O.R. BOOK 1533, v B. O.R, represents Official Records,
PAGE 182 0 0 9, L.B,E, represents Landscape Buffer Easement.
1J') ~ I 10. U.E. represents Utility Easement.
:-:::: 1 1. B.E, represents Buffer Easement.
N I 12. P,U,E. represents Public Utility Easement.
o \ 13, S,U.E. represents Special Utility Easement.
S 89'54'58" E Z
60,05' POB g
! DESCRIPTION:
... I A portion of Section 34, Township 48 South, Range
NORTH LINE OF THE SOUTH 1/2 I 26 East, Collier County, Florida, also being a portion
OF THE NORTHEAST 1/4 OF THE of those lands described in O.R. Book I 191, Pages
NORTHEAST 1/4 OF THE \ 1706- I 707 of Ihe Official Records of Collier County,
NORTHEAST 1/4 g Florida; being more particularly described as follows:
+
.._ ~ Commencing at lhe Southeast corner of Tract '0",
_ Camden Cove as recorded in Plot Book 39, Pages
en 24-25 at the Public Records of Collier County,
RUBEN A, c!c ROSA H. f' I Florida and also being the a point on the North, line
HERNANDEZ ;; of Section 34, Township 48 South, Range 26 East;
O,R. BOOK I 191, n I Ihence South 02' I 5'04' East, along the Westerly
PAGES 1706-1707 ~ \ right-of-way line of County Road 951 (C,R. 951),
~ far a distance of 334,79 feet to the POINT OF
w ~ BEGINNING; thence South 02'15'04" East, along the
~ Westerly right-of-way line of County Road 951, for
(; 0 a distance of 334.79 feel; thence North 89'54'27"
in 0::: West, for a distance of 60.05 feet; thence North
:- I OZ' 15'04" West. along 0 line 60.00 feel Westerly of
N 0 g I and running parallel with the Westerly right-of-way
o 0 ~ line of County Rood 951, for a distance of 334,79
Vl .-4 ... \ feet, to a point located on the North line of the
N 89'54'27" W "....... South 1/2 of the Northeast 1/4 of the Northeast
60,05' u:; 1/4 of the Northeast 1/4; thence South 89'54'58"
m East, along the North line of the South 1/2 of the
I Northeast 1/4 of the Northeast 1/4 of the
~ ~ I Northeast 1/4, far 0 distance of 60.05 feet to Ihe
lug POINT OF BEGINNING,
--- ...
\ ..... Containing 0.46 acres, more or less.
I \ ~ FEE SIMPlE
109 INTEREST
\ <: +
\ g ~
II ~ I
\ ;J g
I 0 ;t, (DATE SIGNED) I
\ u '"
\ ... NOT VALID WITHOUT THE SIGNATURE AND THE
I ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB /143
_.
PROJ(CT NO.' 65061 PAAC!l. NO. : 140 CUE"', COWeR COUNTY DEPARTMENT
Wil.Miller-'~W- mu, s:;C:SPORTATION
--.~.............. .1AIldocrpo- ,~.",~
.....,.Il~~;.~."- ..m PRO.J[CT NO,
.....,&..... .....__._ _.,. _,..... __ 07/2003 N6015-005-000
Ju' II, 2003 - 10,29,38 KTIiOt.lPSO'X,\SUR\N601~\9~I.dlaa.d.9
_" _.__~,. __-' o..,~"" ...-_.
II I EXHIBIT 4
---- I PaQe--:5S. of
\ \
17
\ \ 1\1
II a \ ~ ~ I
t-
II (.) ~ 0 " "" 'DO 200
<t I GRAPHIC SCAlE
Tract "A" \ I g: I ~ FEE SIMPlE
CAMDEN COVE \ ~ INTEREST
PLAT BOOK 39, PAGES '
24-25 \ \ u
.......
- 20' .E. ll)
0>
-10' ,U.E. I
II ~ NOTES:
V> I u
w 1. This is not a survey.
" \
1\ ~a: 2. Basis of bearing is the West line of County
. 0 - Rood 951 (C,R. 951) being N 02'15'04" W, Florida
\ \ pO~:G State Plane Coardinales NAD 83/90, East Zone.
o~~~ 3. Subject to easements, reservations and
eOON reslrictions or record.
II f-:::EO I 4. Easements shown hereon are per plat, unless
S89'SS'27"E (Sill otherwise noted,
~ I 5. ROW represents Right-of-Way.
-1 60,OS' 0.. 6. P .0,8. represents Point of Beginning.
7, P.O,C, represents Point of Commencement.
- -- 8. O,R. represents Official Records.
-L--
10' B.E. 9, L.B,E. represenls Landscape Buffer Easement.
10. U.E. represents Utility Easement,
NORTH UNE OF SECTION 34, - - 11. B,E. represents Buffer Easement.
TOWNSHIP 46 S, RANGE 26 E 12. P.U,E. represents Public Utility Easement.
13. S.U.E. represents Special Utility Easement.
Z Ul I DESCRIPTION,
0
"l 0 I
RICHARD R, ~ "l. A portion of Section 34, Township 46 South, Range
YUREWITCH (Jl ~"
O.R. BOOK 1533, 0 \ 26 Easl, Collier County, Florida and also being a
PAGE 162 ~- portion of those lands described in O.R. Book 1533,
:i Page 182 of the Official Records of Collier County,
Florida; being more particularly described as follows:
I BEGINNING at the Southeast corner of Tract "D",
VI Camden Cove as recorded in Plat Book 39. Pages
VI I 24-25 of the Public Records of Collier County,
;f- Florida and also being a point an the North line of
PARCEL -...J Section .34, Township 48 South, Range 26 East;
142 <0. ~ \ thence Saulh 02'15'04" East. along the Westerly
0 right-of-way line of County Road 951 (C.R. 951),
~ for a distance of 334,79 feet, to a point on the
South line of the North 1/2 of lhe North 1/2 of
0 the Northeast 1/4 of the Northeast 1/4; thence
0 I North 69'54'56" West, along the South line of lhe
.......
",,,'" "" '" '"' """ V I ..-.. I North 1/2 of the North 1/2 of the Northeast 1/4
OF THE NORTH 1/2 OF THE ....... of the Northeast 1/4, for a distance of 60.05 feet;
NORTHEAST 1/4 OF THE \ ll) \ thence North 02'15'04" West, along a line 60.00
NORTHEAST 1/4 0> feet Westerly of and running parallel with the
N89'S4'S8"W ~ Westerly right-of-way line of County Road 951 (C.R.
60.0S' 951), for 0 distance of 334.79 feel; thence South
U 69'55'27" East, along the South line of said
0".,/ I Camden Cove, Tract "D", for a distance of 60.05
I
....... feet to the POINT OF BEGINNING.
RUBEN A. &: ROSA 14, I ll) I
0> Coolo'o'o, 20.0~1 " 0."" o"~.
HERNANDEZ \
O.R. BOOK 1191, \ ~ more or less.:
k
PAGES 1706-1707
0
Pi: . .
t ~ I ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLORIDA L1C. NO. 6065
I Z I /4Iy6~
~ (DATE SIGNED)
\ 0 \
U NOT VAliD WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
REVISED 10-13-03 - REVISED DESCRIPTION CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO.: 65061 PARCEl. NO. : 142 CUDm COW~R COUNTY D~PARTMENT
Wil.Miller-.~-- OF TRANSPORTATION
TmB Arll,enda Item No, 10F
-.BP-.__,~.~_.___-. SKITCH &: DESCRIP N May 25, 004
~k (>>.1'[: PROJ[CT NO.: f89
_.""'Itw,_._,1\op
_"'u.~..""__'__."'_' ___ 07/200:1 N6015-OO5-OOO
sop 25. 200J - 15:OJ:09 Ilv.wURfl)(:\SUR\N6015\V51.d1oo.dwg
_ - \ I ~XHI~IT A ~
\ In dge_ (JJ,~ T
- 1\ \ N
.\ \ ~ ~ .. ~
\ \ <z I ~ 0 25 50 100 200
~ I ~ ~~~
Tract "A" \ \ \ ~
CAMDEN COVE U TEMPORARY
PLAT BOOK 39, PAGES \ I CONSTRUCTION EASEMENT
24-25 i!i (DURATlON: 3 YEARS FROM
~ \ 2?' B E. I 0) COMMENCEMENT OF CONSTRUCTION)
.:r'\ 10 P. .Eo ~
I ~ 1\ t5 NOTES:
\ \ w Cf. 1. This is not a survey,
. 15 . ffi 2. Basis af bearing is the West line of County
.P()~~ ~. Road 951 (C.R. 951) being N 02'15'04" W, Florida
\ \ u i5 '" ~ 8"" State Plane Coordinates NAD 83/90, East Zone.
~ 0 g N I Iii i5 3. Subject to easements, reservations and
\ \ >- ~ m 15 ~ restrictions or record,
() l- I ~ ~ 4. Easements shown hereon ore per plot, unless
:s '" otherwise noted.
10' B,E.., POB JJ 0.. ~ 5. ROW represents Right-of-Way.
_ --L _ _ 6. P.O.B. represents Point of Beginning,
_ -r _ _ 7. P,O.C. represents Point of Commencement,
I 8. O.R. represents Official Records.
_ _ 9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
NORTH UNE OF SECTION 34, 11. B.E. represents Buffer Easement.
TOWNSHIP 48 S, RANGE 26 E 12. P,U.E. represents Public Utility Easement.
S89'55'27"E 13, S.U.E. represents Special Utility Easement.
5.00' Z (f) 1
o 0 I DESCRIPTION:
~ ~ I I A portion of Section 34, Township 48 South, Range
RIC~~RD R. (}l. (}l. \'. EXISTlNG \ 26 East, Collier County, Florida, being ~ p0rtion of
._ YU WITCH ~ 0 WEST those land.s. described in O.R. .Book 15::>.-, Page 182
. O.R. Bg~K 8~533, : ~: ROW LINE of the OffiCial Records of Collier County, Flonda;
PA 1 :::E fTI being more particularly described as follows:
PARCEL I / t BEGINNING at the Southeast corner of Tract "A",
V. V Camden Cove as recorded in Plat Book 39, Pages
742 v. I I 24-25 of the Public Records of Collier County,
~ Florida and also being a point on the North line of
-..J \ \ Section 34, Township 48 South, Range 26 East;
<0. thence South 89'55'30" East, along the South line
, . " ~ of said Camden Cove, for a distance of 5,00 feet:
N89 54 58 W p:: thence South 02'15'04" East, along a line 60,00
5 00' feet Westerly of and running parallel with the
, 0 I Westerly right-of-way line of County Rood 951 (C,R,
o 951), for a distance of 334.79 feet. to it's
SOUTH UNE OF THE NORTH 1/2 l...-t I intersection with the South line of the North 1/2 of
OF THE NORTH 1/2 OF THE the North 1/2 of the Northeast 1/4 of the
NORTHEAST 1/4 OF THE \ ~ \ Northeast 1/4' thence North 89'54'58" West along
NORTHEAST 1/4 .,... , '
m the South lone of the North 1/2 of the North 1/2
of the Northeast 1/4 of the Northeast 1/4, for a
~ distance of 5.00 feet; thence North 02'15'04" West,
. for a distance of 334.79 to the POINT, OF
I ~ I BEGINNING.
RUBE~E~'NtNDRiiSA H. l...-t I Containing 1,672.70 square fel1~ or 0.0384 acres,
P%'Es'~~,c1~b; \ i \ ~" ~ '~~
I >- I ANDREW B. BECK, P.S,M. (FOR THE FlRM)
I E-< I FLORIDA UC. NO. 6065
\ g \ /~y1;~ (DAT~ SiGNED)
U NOT VALID WITHOUT THE SIGNATURE AND THE
I I I I I I I' ORGINAL RAISED SEAl OF A FLORIDA UCENSEO
. SURVEYOR AND MAPPER.
REVISED 10/13/03 _ REVISED DESCRIPTION CERTlrlCATE OF AUTHORIZATION La #43
,_ PROJECT NO. 65061 PARCEl. NO.' 742 CUEl<1': COLUER COUNTY DEPARTMENT
. . _...."..._ OF TRANSPORTATION
Wil.llille, mu, SKITCH '" DE:S~a Item No. OF
_,~'SooI9Io'''''''' ~_, ~_ TEJIPORARY CONSTRUCTION EASEIIENrMay 25, 2 04
",~~"~'T'" ClI.TE: PROJECT NO. 89
.......'"'"..... ...._ ._ _.'" _. _ __ 07/20OJ N6075-005-000
Sop :m, 1003 - 15.03~ IoIW.l\)RElX",SUR\Neo1S\iSloc1100.clwg
- ---,",.-..
I I EXHIBIT~ 4
AU R. GHAHRAMANI, 1,1.0, ~ l1oe-6L of .
O.R. BOOK 1422, PAGE I
1906 0
~
0 N
0 ~ ~ I
......
0
,-..... I ~ 0 25 50 100 200
......
L() ~ GRAPHIC SCAlE
m I
~ CURVE TABLE
CAMDEN COVE ~ 0 CUlM lLNCTH AAOIUS DELTA T#IGDIf CHORD CHORD IlLW"C
PLAT BOOK 39, PAGES 0 C2 ..~, =00 ' , '1:17 ..",
24-25 1\ '-' ...... CJ >0... ....00 17,Y1 JO.13
...... L()
0 L() m NOTES:
1\ m I
f- VI Cl I ~ 1. This is not 0 survey,
0 II L.J -< 0 2. Basis of bearing is the West line of County
'-' Rood 951 (C,R, 951) being N 02'15""- W, Florida
-<:( w< 0
g: >"- ~ Slate Plane Coordinates NAD 83/90, East Zone,
. 0 -
II pu~~ 3. Subject to easements, reservations and
o~~.J- ~ restrictions or record,
OOON Z 4. Easements shawn hereon are per plot, unless
II ~::EO otherwise noled.
t-;SCD ::> I 5. ROW represents Right-of-Way.
~ 0 6. P,O.B, represents Point of Beginning,
II 0 I 7. P.O.C, represents PDint Df CDmmencement.
"-
8. O.R. represents Official Records.
- 20' BE. 9. LB.E. represents Landscape Buffer Easement.
10' P. ,E. 10. U,E. represents Utility Easement.
11. B.E. represents Buffer Easement.
12. P,U.E. represents Public Utility Easement.
13. S.U.E. represents Special UtiHty Easement.
I DESCRIPTION;
I
A pDrtion Df the Access Easement & Drainage
Easement 61, Tract "A", Camden Cove, os recorded
in Plot Book 39, Pages 24-25 of the Public
Records of Collier County, Florida; being more
particularly described as fallDws:
-
I I Commencing at the NDrtheast CDmer of said Tract
"A"; thence South 02'15'33" East, along the Easterly
I line of said Tract "A", for 0 distance of 11.56 feet
PARCEL II to it's intersectiDn with the North line of said
Access Easement & Drainage Easement # 1 and the
743 II a POINT OF BEGINNING; thence continue along Easterly
line of said Tract "A", South 02'15'33" East, for 0
f- distance of 69.00 feet to it's intersection with the
II 0 Southeast corner Df said Access Easement &
-<:( I Drainage Easement # 1; thence 34.53 feet along the
g: I South lina Df said Access Easement & Drainage
II Easement #1, and alDng the arc of 0 circular curve
concave north having a radius of 538.(1[\ ;""el
1\ through 0 central angla of 03"40'40" and being
.ubtended by a chord which bears North 89'58'14"
West, for a distance of 34.53 feet; thence North
Tract "A" II 0715'33" West, for 0 distance of 74,24 feet, to 0
pDint on the North line of said Access Easement &
CAMDEN COVE I Drainage Easement #1; thence 35,14 feet along the
PLAT BOOK 39, PAGES
24-25 II I North line of said Access Easement & Drainage
Easement #1, and the arc of 0 circular rUN!"
II I concave south having 0 radius of 469:00 .feet
through 0 central angle Df 04'17'3J~and oeing
subtended by 0 chord which beam South B j'24' 46"
TEMPORARY East, for 0 distance of 35.13 feet to Jhe POINT OF
CONSTRUCTION BEGINNING. '-
(DURATION: 3 I Containing
COMMENCEMENT OF CON
I or less.
-Ll0~E._ _ ---1 V
ANDREW B, BECK, P.S,M.. (FOR THE FIRM)
T--- flORIDA lIC. NO. 6065
/~d~l- (DATESIGl'lEb) !
RICHARO R. YUREWITCH
O,R. BOOK 1533, PAGE 182 NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A flORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
PROJ[CT NO.: 65061 PARCEl I<<), : 743 CUENT: COLVER COUNTY DEPARTMENT
Wil.Miller-'~W- OF TRANSPORTATION
TIll." SKETCH &: DESCR/!Jfi1m1da Item No, 10F
-'~'~'--'~-'~c....- ORI\IEJVAY RESTORI.nON EASEJ,{Dff May 25, 004
~tlc. DA.TE: PROJECT NO..: f 89
.....,..,....._._.-
-...,IJOI..... '/liPo__ ,,.., _.",_. ___ 07/200J N6015-005-000
Sop 25, 2003 - l~;OJ;09 lAL\IjURfjX:\SUR\WSO 1 ~\S51.d' 00.dW9
--._-------
u ~ \1XHIBIT ~ +
INDIGO LAKES UNIT ONE <;(
PLAT BOOK 34, PAGES ~ ,- age~ of--.-
76-84 I
.- - [~'~~ g I ~ FEE SIMPlE N
-- --.
Tracl "A" ~ \ ~ INTEREST '.,I- I
INDIGO LAKES
DRIVE \ <: 0 25 50 \00 200
. -- . Z GRAPHIC SCALE
I <:
u NOTES:
8 I
+ ....... 1. This is not 0 survey.
- - ~. \()
" \ Q) 2. Basis of bearing i. the West line of County Rood
951 (C,R, 951) being N 02'15'33" W, Florida State
"..... ~ Plane Coordinates NAD 83/90. East Zone.
I -r-- U Subject to easemenb, reservations and restrictions
l'-: 3.
Tract "0-1" 0 or record.
<D 0 I
en I"') ~
I"') I 4. Eosements shown hereon arB per plat, unless
I- otherwise noted,
(.) w ! \ 5. ROW represents Right-of-Way,
<c. 6, P.0.8. represents Point of 8eginning.
~ -,.,., 7. P.O.C. represents Point of Commencement.
I"') 8, O,R, represenls Official Records,
lO g. l.8.E. represents Landscape 8uffer Easement.
AU R. GHAI~RAMANI, M.D. ~ '" 1 O. U.E, represent. Utility Easement.
N " I
O,R, BOOK 1422, PAGE 1906 11. 8.L represenls Buffer Easement.
0 12. P,U.E. represents Public Utility Ea.ement.
Vl I 13. S.U,E, represents Special Utility Easement.
POBi \ DESCRIPTION:
S 89'49'14" E A portion of Section 27, Township 48 South, Range
60.05' 26 East, Collier County, Florida. 01.0 being 0
portion of those lands described in O.R. 800k
\ 1422. Page 1906 of the Official Records of Collier
County, Florida; being more particularly described
North line of North 1/2 of I os follows:
North 1/2 of South 1/2 of \ Commencing at the Southea.t corner of Tract
Southeast 1/4 "0-1. os shown on In.digo Lakes Unit One . os
recorded in Plot Book 34, Pages 76-84 of the
-,,- Public Records of Collier County, Florida; thence
South 02'15'33. East, alang the West right-of-way
-00 I line of County Road 951 (C.R. 951), for 0 distance
I"'; of 336.77 feet ta it's interseclion with the North
PARCEL '<t 0 line of the North 1/2 of the North 1/2 of Ihe
0 I
I"') i North 1/2 of Ihe South 1/2 of the Southeast 1/4
146 I"')
.... \ and the POINT OF BEGINNING; thence continue
-I"') Saulh 02'15'33. Easl, along Ihe West righl-of-woy
I"') W line of Caunly Rood 951, for 0 distance of 334.78
-If} feet, 10 the Northeast corner of Tract .D", Camden
~ I"') Cove os recorded in Plot Book 39, Page. 24-25
N to of the Public Records of Collier County, Florida;
0 -;0 0
All R. GHAHRAMANI, M.D. c I Ihence North 89'55'47" West, along Ihe North line
+
O.R, BOOK 1422, PAGE 1906 Z ~ " of .aid Tract .D", for 0 distance of 60.05 feel;
N "
.... I thence North 02"15'33" West, along a line 60,00
0
N 89.55'47" W ! \ feet Westerly of and running parallel wilh the
Vl Westerly right-of-way line of County Road 951
60.05' (C.R. 951), for a distance of 334,89 feet, to 0
10' 8.E. & P.U.E. -- point on the North line of Ihe Norlh 1/2 of the
...... North 1/2 of Ihe of Ihe South 1/2 of the
\()
9 L---==F Q) Southeast 1/4; thence South 89'49'14. East, along
.. Ihe North line of the North 1/2 of the North 1/2
la' S.U.E. 5' " I
~ of the South 1/2 of Ihe Southeast 1/4, for 0
20' B.E, ~ \ u I distance of 60.05 feet ta Ihe POINT OF BEGINNING,
~ "-'
CAMDEN COVE \ \ ~ i=:: \ Containjng 0.46 acres. more or less.
PLAT BOOK 39, PAGES ~c: .......00
24-25 . 0 - ~~~
po~Y-3 "
10' ....
uQ::'::~ el-
U aog'" <:0 I
\ \ ~~CD 0'3
f- u.... Po:: I
U \ \ :s ~ 0 7-1f}-03 (DATE SIGNED)
<;( 0.. 0 \
+
on
0::: Z '" NOT VAliD WITHOUT THE SIGNATURE AND THE
"
I- \ \ ::> ORGINAL RAISED SEAL OF A FLORIDA LICENSED
0 SURVEYOR AND MAPPER.
U CERTIFICATE OF AUTHORIZATION LB #43
PROJECT ~O.: 65061 PNlCfi HO. : 146 CLIENT; COWER COUNTY DEPARTMENT
Wil.nMillerM'~~- OF TRANSPORTATION
,-
TITLE:
SKETCH '" F
_. ~. EcalogOIo,......' &.-..- .~...~ 4
~hc. Dlt1[: Pfl(>JECT NO.' 9
.....,.,IIon.-.-.r..".
_....u.o.....~__,__."'_._-- 07/200J N60' '-005-000
Jul 11. 2003 - 10:29:,38 K1HO,",PSO\X, \sun\NG015\951.dl aO.d"9
-_.-"-- -,---- -~.."-_. .- .."~ .----
,- ~ I EXHIBIT --A 4
C>
<{
INDIGO LAKES UNIT ONE ~ ' :7 Page ~3 - of.l;.f:L
PLAT BOOK 34, PAGES
76-84 I N
__ L.~~' ~ I
- - ~ ~ c..:- I
Tract "A" "0-1" ~ \ 0 0 ,,"" '00 200
INDIGO LAKES 1 : GRAPHIC SCAlE
DRIVE
~
poc I z
<: LINE BEARING
D U
:. I L23 N89'SS'47"W
_.- '" ....... L24 S89'49'14"E
~
lD
10' L.B.E. m NOTES:
~ This is not 0 survey.
\ p:: 1.
2. Basi. of bearing is the West line of County
0 U Rood 951 (C.R. 951) being N 02'15'33" W, Florida
en '<0 I '" I
+
<0 ~ State Plane Coordinates NAD 83/90. East Zone.
I-- II I I 3. Subject to easements. reservations and
t") restrictions or record.
(,) t") 4. Easements shown hereon are per plot, unless
<{ otherwise noted.
g: W 5. ROW represents Right-of-Way.
D 6. P.D.B. represents Point of Beginning.
u
i-0 + 7. P.O.C. represents Point of Commencement.
N
'" 8. O.R. represents Officiol Records.
t") ~ ~ :
;n I 9. L.B.E. represents Landscape Buffer Easement.
AU R. GHAHRAMANI, M.D. ~ I 10. U.E. represents Utility Easement.
N 11. B.E. represents Buffer Easement.
O.R. BOOK 1422, PAGE 0 ~ \ 12. P.U.E. represents Public Utility Easement.
1906 U1 13. S.U-E. represents Special Utility Eosement.
POB DESCRIPTION:
I A portion of Sedian 27, Township 48 South, Range
26 East, Collier County, Flarido, also being 0 portion
North line of the North I of those lands described in O.R. Book 1422, Page
1/2 of North 1/2 of L24 D 1906 of the Official Records of Collier County,
South 1/2 of Southeast 0 Florida; being more particularly described as follows:
.
1/4 0
~ Commencing at the Southwest corner of Tract
PARCEL "0-1", os shawn on Indigo Lakes Unit One, os
746 recorded in the Plot Book 34, Pages 76-84 of the
a, I Public Records of Collier County, Florida; thence
I South 02'15'33" East, along 0 line 60.00 feet
ex) 0
..j I ~ 0 I Westerly of and running parallel with the Westerly
+
t") 0 '" right-of-way line of County Rood 951 (C.R. 951),
t") '"
p:: ... for 0 distance of 336.66 feet to it's intersection
~ with the North line of the North 1/2 of the North
't") W 0 1/2 of the South 1/2 of the Southeast 1/4 and
0 the POINT OF BEGINNING; thence continue along a
t") .......
;n t") line 60.00 feet Westerly of and running parallel with
t") 0 the Westerly right-of-way line of County Road 951
All R. GHAHRAMANI, M.D. ~ I ..--.. 0 I
If) ....... ~ (C.R. 951), South 02'15'33" East, for a distance of
O.R. BOOK 1422, PAGE 0 1.0 '"
N I m ... I 334.89 feet, to 0 point on the North line of
1906
Z 0 Camden Cave, as recorded in Plat Book 39, Pages
U1 ~ 24-25 of the Public Records of Callier County,
Florida; thence North 89'55'47" West, along said
L23 U North line, far a distance of 5.00 feet; thence North
'-' 8 02'15'33" West, for 0 distance of 334.90 feet, to a
....... + point an the North line of the North 1/2 of the
...
1.0 ;!! I North 1/2 of the South 1/2 of the Southeast 1/4;
S.U.E. m
20' B.E.-II I thence South 89'49'14" East, along the North line
Q ot the North 1/2 at the North 1/2 of the South
VI ~ 1/2 of the Southeast 1/4, for 0 distance of 5.00
w
CAMDEN COVE \ I '-' 0 feet to the POINT OF BEGINNING.
PLAT BOOK 39, PAGES ~~ p:: 0
0
24-25 08mU1 ~ .t
10' P.U.El1 . ,.,'" ;!!
_Z I
UW~....,.. Z
C> 000",
II .=~g 0 I , P.s. . (FOR THE FIRM)
I-- u 0 FLORIDA L1C NO. 5834
3 U 1
U I 8 7 - f fj -0 '7 (DATE SIGNED)
<{ n. \
..
~ on
~ NOT VALID WITHOUT THE SIGNATURE AND THE
CON~ TJON MENT ORGINAL RAISED SEAL OF A FLORIDA LICENSED
(DU : 3 FROM SURVEYOR AND MAPPER.
COMMENCEMENT OF CONSTRUCTION) CERTIFICATE OF AUTHORIZATION LB #43
PItOJECT triO..: 65067 PARCEl NO. ; 746 CU[Nl: COLLIER COUNTY DEPARTMENT
Wils;nMillei~-~~~ OF TRANSPORT AnON
TITlE;
F
-. . --. ' -- . ......... ' "...."..""'^'"'" . "-- """"- 4
It1oonWor, M
.....I'wtJtw._._.,_ ll<TL PROJ[cr NO.: 9
""'............ ......-_.,.. _'FM _. _ ___ 07/200J N60/5-oo5-ooo
Juf 11. 2003 - 10;29:.36 KTliOMPSOIX; \SUR\N60 1.5 \9~.1 sd 1 OO.d....1}
I , +
EXHIBIT A '" I
I ,~
< .,
0
0:: Page.Ql of~ I
0
-10 r;
"-en \
,II)
- ~I 0 N
z~ 0
:JII) .
0 0 \
UVl '" ~
....
0::'-' I I 0
w<
:JCl. p:: 0 25 50 100 200
-I I GRAPHIC SCALE
o ' I
u~ ~
II) 0 \ ~
...~ \
0 0 z
..
al>< 0 ~ CURVE TABLE
0
0::0 '" U
<0
OlD CUR\/( lENGni RADIUS OUTA '''''GOO CHORO CHORD BOOING
III ....... " 4'.J DO " , ll-32 .,
ri 1O
...J' I
00 I (J) NOTES:
0
:r: I EXISTING ~ I
u' FEE SIMPlE p:: 1. Th;s is not 0 survey.
Vl
INTEREST WEST g; \ u
rw ",,' 2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 02'15'33" W, Florida
Stale Plane Coordinates NAD 83/90, East Zone.
I ~ 8 3. Subject to easements, reservations ond
I restrictions or record.
I p:: ~ I 4. Easements shown hereon ore per plot, unless
"-
a \ otherwise noted.
0
....... 5. ROW represents Right-of-Way.
,.-.. 6. P ,0.8. represents Point of Beginning.
....... 0 7. P.O.C. represents Paint of Commencement.
1O 0 8. O.R. represents Official Records.
(J) .t
- - --]- - '" I 9. L.B.E. represents Landscape Buffer Easement.
... 10. U.E. represents Utility Easement.
20' L.B.E. p:; I
a u DESCRIPTION:
.......... \
I-- A portion of Tract "A", Indigo Lakes Drive, Indigo
(,) .....
INDIGO lAKES UNIT ONE lD g Lakes Unit One, os recorded in Plat Book 34,
PLAT BOOK 34, PAGES 76-84 <{ (J) j; Pages 74-84 of the Public Records of Collier
~ ~ County, Florido; being mare particularly described
Q \ as follows:
S 89'56'00" E ~
".-.' 0 BEGINNING at the Southeast carner of Tract "A",
11~U,~ 23.48' _._ch p:: I Indigo Lakes Drive; thence North 89'56'00" West,
- -- -
W ~. \ along the South right-of-way line of said Tract
, "A", Indigo Lakes Drive, for a distance of 60.05
r'1Q ~lo Z ~ feet: thence North 02'15'33" West, along 0 line
!'1 r--: :::J 60.00 feet Westerly of and running parallel with
Lor-: l/) l/) 0 the Westerly right-af-woy line of County Rood
---.-:--,,:: :- r'1 U 951 (C.R. 951), far 0 distonce of 111.10 feet,
Tract "A" N~ I
INDIGO LAKES 60.00' to a paint an the North right-of-way line of
DRIVE 0 I said Tract "A", Indigo Lakes Drive; thence South
0
- - - + 89'56'00" East, along the North right-of-way
..
~ \ line of said Tract "A", Indigo Lakes Drive for 0
to' l.B.E. POB distance of 23.48 feet; thence 46.03 feet along
the arc of 0 circular curve concave northwest
...... having a radius of 38.00 feet through a central
I angle of 69'24'23" and being subtended by a
I 8 I chard which bears North 55'21'49" East, along
en N 89'56'03" Wi ;J; the Northerly line of said Tract "A", Indigo Lakes
I-- en 60,05' I a ~ I Drive, for 0 distance at 43.27 feet, to a point
0
(,) q~ I-- located on the Westerly right-of-way line of
<{ ::Ow \ (,) \ County Road 951 (c.R. 951); thence South
...:'-' 02'15'33" East, along the Westerly right-of-way
~ z< <{ line of County Road 951, for 0 distance of
<11.
~N ~ 8 135.75 feet, to the POINT OF BEGINNING,
O::t'< ..
:r:.... .... I Containing 0.16 acres, less.
~~ I ~
'-'l>< I
rig I
lD \
:J, \
<rx;
0 2 7-/7-0)
~ (DATE SIGNED)
'"
...
I NOT VALID WITHOUT THE SIGNATURE AND THE
I ORGINAL RAISED SEAL OF A FLORIDA LICENSED
I SURVEYOR AND MAPPER.
I CERTIFICATE OF AUTHORIZATION L8 #43
PROJECT NO.: 65061 PARCEl NO. ~ 148 CUEto'T: COLLIER COUNTY DEPARTMENT
_. Wil.M/ller'~'~~- OF TRANSPORTATION
mu::
SKETCH &:
_'~.I!c%GiIII,_,~-,_...~
~,~ QAT[: PROJEcT NO.:
-, ""'.....-. -.,...
..".,LoooMoD 'lIP<__,__.IIIl_' --- 07/2003 N60lS-00S-000
Jul 09, 2003 - 10:59;15 Iffila~ psaIX:\SuR\N60 15\95 1.d 1 00.dW9
---
~.~, _..-,..--'-'" ~-',._- .-,'-"--
EXHM <> I TEMPORARY ~
~ CONSTRUCTION EASEMENT
0 I
Page to of ~ '" (DURATION: 3 YEARS FROM
0 I COMMENCEMENT OF CONSTRUCTION)
~ p:: r;
ir W-
0 0 '"
-'0 0
"-m 0 ;.
.it) (-~
~J, ....... '"
Zco --- ~ I
::>L() I .....
0 ~
UUl LD
w I (J) I 0
oo~ p:: 0 2. .0 100 200
w< GRAPHIC SCALE
::;n. o \
...J' p:: 'i- ....:l
o '
U~ . " ~ NOTES:
"-~ 2.~ z
0 ~ 1. This is not a survey.
~6 ..... u
LD I
<0 I (J) ....... 2. Basis of bearin9 is the West line of County
000 lD Rood 95i (C.R. 951) being N 02'15'33" W, Florida
!D ci a I
I Q <> (J) State Plane Coordinates NAD 83/90, East Zone.
50 ~ ~
0 \ 0 en \
I "- p:: 3. Subject to easements, reservations and
u p:: U restrictions or record.
Ul
><
E-< 4. Eosements shown hereon are per plat, unless
Z otherwise noted.
I ;:J ,~ I
'"
0 . 5. ROW represents Right-of-Way.
'"
I u .. I 6. P.O.B. represents Paint of Beginning.
"-
7. P.O.C. represents Paint of Commencement.
EXISTING \ 8. O.R. represents Official Records.
20' LB.E. WEST 9. LB.E. represents Londscope Buffer Easement.
ROW LINE 10. U.E. represents Utility Easement.
D
'"
+
, -- - -- "-
--r- o. I
"-
INDIGO LAKES UNIT ON I DESCRIPTION:
PLAT BOOK 34, PAGES 76 84 a
I-- \ A portion of Tract "A", Indigo Lakes Drive, Indigo
PARCEL Lakes Unit One, os recorded in Plat Book 34,
C> a Pages 74-84 of the Public Records of Collier
748 <:)
<{ J, County, Florida; being mare particularly described
S g' 6'00" E ~ ~ ~ os follows:
48. 4' I Commencing at the Southeast carner of said
J ~ u.~_ I Tract "A", Indigo Lakes Drive; thence North
89'56'OO" West. along the South right-of-way
'" I line of Tract "AU, Indigo Lakes Drive, for a
'" distance of 60.05 feet to the POINT OF
+
'" BEGINNING; thence continue along the South
r'1- ~
r'10 right-of-way line of .aid Tract "A", Indigo Lakes
-___....In.-::-. Drive, North 89'56'00" West. for a distance of
Tract "A" ~~ 48.54 feet; thence North 02'15'3;\" West, far 0
INDIGO LAKES N:: I distance of 111.10 feet, to a point of the
0 North right-Of-way line of said Tract 'A", Indigo
ORNE I
Lakes Drive; thence South 89'56'00" East,
- __u_ \ continuing along the North right-of-way line of
10' said Tract "AU, Indigo Lakes Drive, far 0
~ distance of 48.54 feet; thence South 02'15'33"
I N 89'56'00" ~ East, along the line 60.00 feet Westerly of and
running parallel with the Westerly right-of-way
48,54' I '" I line of County Rood 951 (C.R. 951), far a
en m I
0 <> distance of 111.10 feet to the POINT OF
0'" a ~ I BEGINNING.
I-- ~~ I ....
o ...:~ I-- I Containing 0.12 acres, more or less.
<{ ~~ 0
::> <{
~ ~N
~~ ~ 8
:r:~ +
~'" ~ I ft
,0 I
000
00 I
:i. I
<0::
0 1
8 7 -/Ij-O} (DATE SIGNED)
+
~ NOT VALID WITHOUT THE SIGNATURE AND THE
---.-------__J I ORGINAL RAISED SEAL OF A FLORIOA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
PRQ.,t'CT NO.: 65061 PARCfi NO. : 748 ctlOO; COlliER COUNTY' DEPARTMENT
Wils~nMiller-'~~- OF TRANSPORTATION
llTlE
SKETCH &: OE'~~arIt No 10
_.~.""""""".-..~_.~~ ~AY RESTOR,#, em.
~... OAT[: PROJfCT ND.:
.....1irf~'_._.r....
.....lMo....IIPo-_.__.rv_. _ ...__ 07/2003 N6015-005-000
Jul 09, 200.' - IO:~9,'5 KTHOlAPSajX:\SllR\"GO 15\95 1 50 I ood.9
".... N NOTES:
[II >. -
N~ 0 l
w'1 3f ~ -<t 1. This is not a survey.
VlOO -~Vl
~ III f ::J t5 2, Basis of bearing is the West line of County
o..~ :Ew~ Road 951 (CR. 951) being N 02"15'33" W, Florida
._ ~ Cl ~:':8 _ State Plane Coordinates NAD 83/90, East Zone.
~~ ~ 0
~ _ '_ ffi: 3. Subject to easements, reservations and
w ~ I ~ 0 restrictions or record,
6:.: '<t P:ffig
~ g L() () ~ 1-0 4, Easements shown hereon ore per plat, unless
ffi [II I-- e ~ otherWise noted,
-'1-00 t- a..
liS:5 ...J 5, ROW represents Right-of-Way.
~o.._ 6. P.O,B, represents Paint of Beginnirn
7, P.O,C, represents Point of .Cam!"....)~..ment.
8. O.R. represents Official Records.
!>- 9, l.B.E, represents Landscape Buffer Easement.
o 10, U.E, represents Utility Easement,
~
I LINE TABLE
g I LINE LENGTH BEARING
FEE SIMPLE ... L193 65.05 N89'56'06"w
INTEREST -- r7 L194 667.50 N02'15'33"W
LO L195 65.05 S89'56'21"E
0) L196 667.50 SO'15'33"E
~ DESCRIPTION:
<3 ~ I ~ A portion of Section 27, Township 48 South,
a: ,~ Range 26 East. Collier County, Florida, olso
go'" ~ being a portion of those londs described in O.R,
u. Ol lD \ -< Book 1579, Pages 589-590 of Collier County,
~'1 0> Z Florida; being mare particularly described as
z ~ A -< fallows:
~I!l -< u
8 VI 0 BEGINNING at the Sautheost corner of Tract
0:: t5 r ~ I LO "R-l", Pebblebrooke Lakes, as recorded in Plat
~ ~ to 0> Book 30, Pages 4-12 of the Public Records of
<5 _ ~ ~ I Callier County, Florida; thence South 02'15'33.
u ~ z Ii East, along the Westerly Right-of-way line of
u. ~ ::> \ " County Road 951 (C.R. 951). far a distance of
o :.: 0 U 667,50 feet, to the Northeast corner of Indigo
~ 8 u Lakes Unit One, as recorded in Plat Book 34,
< [II Pages 76-84 of the Public Records of Callier
-. g , County, Florida; thence North 89'56'06" West,
...J ~ I along the North line of said Indigo Lakes Unit
80 One, far a distance of 65,05 feet; thence North
::J: I 02'15' 33" West, along a line 60.00 feet Westerly
~ of and running parallel with the We~~ 0 ".
\ right-of-way line of County Road 951, for a
distance of 667,50 feet, to the South line of
said Pebblebrooke Lakes Phase 2B; thence
South 89"56'21. East, along the South line of
said Pebblebraoke Lakes Phase 2B, for a
I distance of 65,05 feet to the POINT OF
BEGINNING.
20' \ ~:;;~~ZI'O' 0996
ANDREW B, BECK, P,S,M, (FOR THE FIRM)
- - I - - I flORIDA UC, NO. 6065
a I /qJ~ i- (DATE SIGNED)
I-- \ NOT VAliD WITHOUT THE SIGNATURE AND THE
(,) ORGINAL RAISED SEAL OF A flORIDA UCENSED
INDIGO lAKES UNIT ONE SURVEYOR AND MAPPER.
~lAT BOOK J4, PAGES 76-84 ~ \ CEIlTlnCATE OF ",","'ZA.0"4 ,,,
_ \ ~ l.{' I
o 2~ MI 100 200
REVISED 10-13-03 - REVISED DESCRIPTION GRAPHIC SCALE
._. PROJECT NO" 65061 PAIlCQ. NO, '149 CUENT, COLUER COUNTY DEPARTMENT
.. . _...."..._ OF TRANSPORTATION
Wil.Miller n= SKE:rCH ct DESC~3~da Item No, OF
_.~'&dollIoIt.___.~_.~- May 25, 04
....I'Irl~~.~,_ OAT[; PflOJECT NO' 89
....,a.....D'__--.--.IiIJHOf7'--- 07/200J N6015-005-000
SlIp 2', 2003 - 1':03,011 lllAWURfjX:\SUR\N501'\V'1oct100.dwg
--_.~,_. --".
-
--J NOTES:
Ol
II) 1. This is not a survey.
'0 2. Basis of bearing is the West line of County
Road 951 (CR. 951) being N 02"15'33" W,
Florida State Plane Coordinates NAD 83/90,
East Zone,
CD
N ~ 3. SUbject to ecsements, reservations and
~ ~ ~ 1 restrictjons Dr record.
it Ul 0 4. Easements shown hereon are per plot,
Ul ~ P:: H unless otherwise noted.
w< ~
?5 n.. 0 Z 5. ROW represents Right-of-Way.
w~ 0 <
5 "" ~ ~ ..... I u 6. P.O.B. represents Point of 8eginning.
00 ~Ul I ,-.. I.......
~ l6 I w.... .... lD 7, P.O.C, represent. Point of Commencement.
~ 'O""v> lD (J)
ffi ~ 1. :5 ~ (J) \ 8. O.R. represents Official Records.
wn. ~~n. _
n. .- 0 , p:: ......
~o 0 r ~ U DESCRIPTION:
OCr') '-"
. m ____
"I ~ 5 I A portion of Section 27, Township 48 South,
P: \il 0..... Range 26 East, Callier County, Florida, also
.... w m ~ I being a portion of those lands described in O.R.
g n. ~ Book 1579, Pages 589-590 of Callier County,
.= n. A Florida; being more particularly C' '.' :oed as
< fallows:
o
P:: Commencing ot the Southeast corner of
- - Pebblebrooke Lakes Phase 2B as recorded in
~ Plat Book 33, Pages 57-58 of the Public
Z Records of Collier County, Florida; thence
p ,O,C::> N.89'56'21 "W, along the South line of
Pebblebrook Lakes Phose 28 a distance of 5.00
P,Q,B 8 feet to the POINT OF BEGINNING; thence South
I 02'15'33" East. along 0 line 65.00 feet Westerly
I of and running parallel with the Westerly
I I Right-of-way ,line of County Road 951 (C.R.
EXISTING 951), for a distance of 667.50 feet; thence
I WEST \ North 89'56'06" West, for a distance of 5.00
ROW LINE feet; thence North 02'15'33" West, for 0
V distance of 667,50 feet, to its intersection with
the South line of said Pebblebrooke Lakes
Phose 2B; thence South 89'56'21" East, along
I said South line, for a distance of 5.00 feet to
the POINT OF BEGINNING,
1-70.00' I Containing 3,334,76 square feet or 0.0766
\ \ """.. m", "' "..
~~ I I tlr44
I I ANDREW B. BECK, P,S.M, (FOR THE FIRM) I .
TEMPORARY \ FLORIDA L1C. NO, 6065
CONSTRUCTION EASEMENT ~ jp,
(DURATION: 3 YEARS FROM /'9 i Y (DATE SIGNED)
COMMENCEMENT OF CONSTRucn
) NOT VALID WITHOUT THE SIGNATURC~:-;!J THE
I ORGINAL RAISED SEAL OF A FLORIDA LICENSED
I SURVEYOR AND MAPPER,
4 I I C",""C^" 0' A"',O"ZA,,"' " *"
N \ \ LINE TABLE
I I LINE LENGTH BEARING
~- I ~ I I L197 5.00 N89'56'21"w
o 25"'00 2OO....J \ L198 667.50 S02'15'33"E
GRAPHIC SCALE 0 L199 5.00 N89'56'06"W
CN L200 667,50 N02'15'33"w
L201 5.00 S89'56'21"E
L199
----- I
REVISED 10-13-03 - REVISED D S RIPT ON
PllOJ[cr NO, 65061 749A cutHT, COLUER COUNTY DEPARTMENT
-..."...- OF TRANSPORTATION
___,!,!/~!'1.!!!I!!-~ ~ ~H~~a~~~2~~ g~
.....IW~.~,""'" oor: PROJeCT NO, C!eE!' 89
......,u.o...........__.__....._.___ 07/2ooJ N607S-ODS-OOO ';l[-8 2
Sop 25, 2003 - 15:O3:0~ IolLAllURE!X:\SUR\NDOI5\951odIOO,dw9
NOTES:
CD \ ,. This is not a survey.
N ~ ,..... N r7 2, Basis of bearing is the West line of County
w I ~ '1 Road 951 (C.R. 951) being N OZ'15'33" W, Florida
_ 'i ';;:; 3f ~ ~ State Plane Coordinates NAD 83/90, East Zone.
0..", o5~ \
'" ~ 1- CI 3. Subject to easements, reservations and
~ a: ~~ a: \ restrictions or record.
~ iio -
w,..; ~~ g ~ ~ 4. Easements shown hereon ore per plat, unless
'" '" '~ffi '" P;: P;: alherwise noted.
85 ~ffio
a\ g , aJ g 0 \...:l 5. ROW represents Right-of-Way.
w ~w -<
....., oD.!;{: 0 ~ P 't f B . .
CD ~ ~..J..... \ 6, P.O,B, represents OIn 0 eg,nnlng.
ffi n. ...... 0....
n. -::;- U 7. P.O,C. represents Point of Commencement.
It) .....
C>> It) 8. O,R, represents Official Records,
C>>
_ _ _ _ _ P;: 9. L.B.E. represents Landscape Buffer Easement.
, P;:
U '
'-" U DESCRIPTION:
;r; i..: portion of Section 27, Township 48 South.
(J) Range 26 East, Collier County, Florida, also
I 1 being 0 portion of those lands described in O.R.
:::; A Book 1579, Pages 589-590 of Collier County,
o \ -< I Florida; being mare particularly described os
v. \ g \ fallows:
Commencing at the Southeast corner of
POB ~ Pebblebraake Lake. Phase 28 as recorded in
Z Plat Book 33. Pages 57-58 of Callier County,
::> Florida; thence N89'56'2'"W. along the South
\ 0 I line of Pebblebraoke Lakes 28, a distance of
U 5,00 feet; thence South 02'15'33" East, along a
I I line 65,00 feet Westerly of and running parallel
E~~~G \ with the Westerly Right-of-wa~ line of County
\ ROW LINE Rood 951 (C,R. 951), for a distance of 197.23
feet to the POINT OF BEGINNING; thence
! continue along said line, South OZ'l ~'.?,:~.: ,East.
for a distance of 125.00 feet; thence South
8/44'Z7" West, for a distance of 56.00 feet;
, thence North OZ'lS'33" West. far 0 distance of
_ 125.00 feet; thence North 8/44'27" East, far a
I I distance of 56.00 feet to the POINT OF
BEGINNING.
\ \ Containing 6,999.92 square feet or 0,1607
acres. more or less.
I I
I I OR THE FIRM)
A \ \ q-)''1-0j (DATE SIGNED)
T NOT VAUD WITHOUT THE SIGNATURE AND THE
~ I ORGINAL RAISED SEAL OF A FLoRIDA LICENSED
];'I , SURVEYOR AND MAPPER,
~ I '5' I CERTIFICATE OF AUTHORIZATION LB #43
o .. 5O'DO 200 "\ \
GRAPHIC SCALE ~
_ _ _ _ _ _ LINE TABLE
\ ' LINE LENGTH BEARING
a I L20Z 5.00 N89'56'21 "w
\ L203 197.23 S02'15'33"E
I-- L204 125,00 SO. 2'15'33"E
(,) L205 56.00 .~Q.,"-H'27"W
<{ L206 125,00 N"02'15'33"W
TEMPORARY L207 56.00 N8/44'27"E
CONSTRUCTION EASEMENT
~RAnoN:3YEARSFROM
COMMENCEMENT OF CONSTRUCTION)
_ .......cr NO.' 65061 """"a. NO. '7498 C\JO/T: COLUER COUNTY DEPARTMrnT
. . _..,....._ OF TRANSPORTATION
Wil.Miller ~ SKETCH de DESCRIAwRnda Item No, 10F
-.BsNn'__......"...~.--.~~ DRNfWAY RESTORAnON CASDlOIT" May 25, 004
."...IlII~='.~.,.. DAlt, PROJECT NO.' f 89
.Mrl.olt,........--.--."'-.--- 07/2ooJ N6015-oo5-000 812
Sep 24. 2003 - 14:17:05 t.VJoIURE!X:\SUR\HS015\951od1oo,dwv
~~ 4
~VlI
IW'<t
Ltl o~~ ~
I Cl 0
a. Vl II) 1: W ~ p::
w "''''
~Cl II) a::o - ~
~~ ~~g 0 ~
:'5 f-.- . CD 0
~6~3 ~i~: ~ I I
II) @ 8 u a. 1-..... ';;= 0 25.. 100 200
f--- CD rn ~:'5 ~ 0 GRAPHIC SCALE
OWl- a. v.
-J m~ PO P:: LINE TABLE
- --l>J_ ~ H
a. D < LINE LENGTH BEARING
'-" ~ L208 5.00 N89'S6'2 i "1'1
...-t D L209 591.66 S02'15'.33"E
\0 L210 75.84 S02'15'33"E
(J) ~ L211 40.03 N89'56'06"W
I A I 0) L212 74.22 !'-:02'l,)'33"W
<0 ' L213 40.00 N8,'44'27'E
I \ P::
P:: U NOTES:
I ~ 1. This is not 0 survey,
S 2. Basis of beoring is the West line of County
o Road 951 (CR. 951) being N 02'15'33" W, Florida
\ U I State Plane Coordinates NAD 83/90, East Zone.
<:
~ I I 3. Subject to easements, reservations and
~ g \ E~~~~G \ restrictions or record.
c''? ROW LINE 4. Easements shown hereon ore per plot, unless
'Z ~ !:; V otherwise noted.
::>Ltl 0
8 Vl <0 S. ROW represents Right-of-Way.
0:: ~ I 6. P.O.B. represents Paint of Beginning.
\!,! ~ 7, P.O.C, represents Point of Commencement,
::J _ I I B. O.R, represents Official Records.
8 ~ ~ L 9, L.B.E. represents Landscape Buffer Easement.
~ ~ DESCRIPTION:
'" TEMPO
~ 8 CON UCT! EAsEMENT A portion of Section 27, Township 48 South, Range
C3 rn U :nON: 3 S FROM 26 East, Collier County, Florida, also being a
ID ci COMt.FeNC MENT 0 CONSTRUCTl) portion of those lands described in O.R. Book 1579,
-' ci I I Pages 589-590 of Collier County, Florida; being
8 more particularly described os fallows:
~ I I
~ Commencing at the Southeast carner of
I I Pebblebrooke Lakes Phose 2B os recorded in Plat
Book 33, Pages 57-58 of the Public Records of
Collier County, Florida; thence N.89'56'21 "1'1, along
the South line of Pebblebroake Lakes Phase 2B, a
distance of 5.00 feet; thence South 02'15'33" East,
I I along a line 65.00 feet Westerly of a".}..,.tJnning
parallel with the Westerly right-of-woy line of
I I Country Road 951 (C,R, 951), for a distance of
591.66 feet to the POINT OF BEGINNING; thence
\ continue along said parallel line South 02'15'33"
East, for a distance of 75.84 feet, to its
intersection with the Northerly line of Indigo Lakes
Unit One, as recorded in Plat Book 34, Pages
76-84 of the Public Records of Callier County,
- - - - - I Florida; thence North 89'56'06" West, along the
North line of said Indigo Lakes Unit One, far 0,.
a I di.tance of 40,03 feet; thence North 02'15'33"
West, far a distance of 74,22 feet; thence North
I-- \ 8744'27" East, far a distance of 40,00 feet to the
(,) POINT OF BEGINNING,
INDIGO LAKES UNIT ONE
PLAT BOOK .34, PAGES 76-84 ~ square .feet or 0,0689 acres,
~ I .~
I ANDREW 8, BECK, P.S,M. (FOR THE FIRM)
- - - - - - \ FLORIDA UC, NO, 6065
/q,6"J.h:J--- (DATE SIGNED)
_ NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REVISED 10-13-03 - REVISED DESCRIPTION CERTIFICATE OF AUTHORIZATION LB #43
REVISED 09 24 03
PROJECT NO, 65061 P!oRCD. NO. : 7490 cuoo: COLUER COUNTY DEPARTMENT
. . -.........- OF TRANSPORT AnON
Wil.Miller n= SKETCH de DESC~Gmda Item No. OF
_.a.-...'~.-.-..~_._C>nur_ DRJIoEWAY RESTORATION CASEJlOfT May 25 2 04
IIIoc:nYIr. tic:. '. '
....../Oi....._,_'.... ",rr: P"",",CT NO.: e" 89
-..,tooo........__,__,,,,_.___ 07/200J N6015-005-000 C-82
50p 25, 2003 - 15:03:0g IolWolURflX;\SUR\N6015\95hdl00,dw9
-
...~,...
I 4
EXISTING
WEST
"- ROW UN r; FEE SIMPlE
~ INTEREST N
I--
o I ~
~ I 0
g ~ ~ I I
\ ':;i! 0 ,. $0 100 200
_ g ~ GRAPHIC SCALE
~ ~ U
I
<.) \-- -::;- I ~
10 10
I-- ____N...., I(J)
<.) ~ ~ y.
-<( t'") ~ Vl ~ ' \' LINE BEARING
0:: c.o l. ~ Vl ~ P:; L243 N8T44'29"E
~ I-- ?:5~ U u L244 N89'56'21"W
o L"'< '-"
-.J .Q'~ 0..
0<0 ' ~
- ~g g 10 I
t_e3~ m
I..JO I
P:~g ~
-ult..., 0 \ NOTES:
en ~:5 ~
C'l I- 11. 1. This is not a survey.
lJJ <.) ~ 2. Basis of bearing is the West line a' ('C'. ~ty
If) CO I-- Z; I Road 951 (C.R. 951) being N 02'15'31. W, Florida
<{ If) <.) ::JO State Plane Coordinates NAD 83/90, East Zone.
:r: -<( - I
Q. ~ g: c.o U 3. Subject to easements, reservations and
If) I-- \ restrictions or record.
[J 3 4. Easements shawn hereon ore per plat, unless
,.... If) otherwise noted.
-"'-lJJ c.o
<{ <..) 5. ROW represents Right-of-Way,
",_ -l <{ I-- I 6. P.O.B, represents Paint of Beginning.
\. , Q. 3 I 7, P.O.C, represents Point of Commencement.
L.1...I 8. L.B.E, represents Landscope Buffer Easement.
~ ~ Ol z \ 9. U,E, represents Utility Easement
o 1"') l() U1 1 D. C,U.E, represents County Utility Easement.
o 1") I-- 0 0 11. S.W.E, represents Sidewalk Easement.
0::: 0 "l"l
en ~ U; U; DESCRIPTION:
UjL.1...l CG -
cL l() (.,.j (.,.j I The Easterly 10,00 feet of Tract B-2,
as 1--; Pebblebroake Lakes Phase 2B, according to the
"" O:E JT\ I Plat thereof, as recorded in Plat Book 33,
L.1...I Pages 57-58 of the Public Records of Callier
~ County, Florida; being more particularly described
'-'- as follows:
BEGINNING at Southeost corner of said Tract I
B-2 Pebblebraoke Lakes Phase 2B; thence
North 89'56'21" West, along the South line of
said Tract B-2, for 0 distonce of 10,01 feet;
thence North 02'15'31" West, far 0 distance of
687,80 feet, to it intersection with the North
line of Tract 8-2; thence North 87'44'29" Eost
along said North line, for 0 distance of 10,00
feet, to the Northeast carner of Tract B-2;
thence South 02"15'31" East, for Q di~tance at
668.21 feet to the POINT OF BEGINNING: '
Containing 6,860.07 sq, feet or 0,1579 acres, .
more or less,
FIRM)
/0 - 7 - 0) (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAl RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
_ CERTIFICATE OF AUTHORIZATION LB #43
l POO.lECf ""-' 65061 PARea NO, '150 CUENT, COLLIER COUNTY DEPARTMENT
Wil.Millel.'~~- ~ OF TRANSPORTAT10N
_..... .8:ooIagIIIo'~'''''''''- ,~~
,.,.. fort~='.t;;,..., r... '>I"", PROJ[t'f NO.'
......,1?0o..... ....__ ,_ _'IiI_' _ -- 07/2ooJ N6075-oo5-000
Sop 2~ 2llO3 - 15:OJ,~ lolUoIIURElX:\SUR\NIIOIS\iSlldlOO,dw9
..~.~.., "_._.~." .. .-.---..-
t'... ~ 4
I
U N
I f-
i u ~ '.- I
<:( /'<) \
g: to ~ 0
f- 0 (Y; 0 .. "" 100 200
a (Y; ~ GRAPHIC SCALE
-J
0 I ~
0
- t)
l248 ,,-.... I
- - G
It) \ lD
en .-. N (j) (J) N89'56'21"W
^
C'\j o I N89'56'21 "W
~Vl.
to IW ~ ~ N02'15'31"W
Lw -SVl
o W U N8T44'29"E
V) co l- f- I <.> t)
a 1:w< '--" I S02'15'31'E
<{ Lf) U -J "'>' Q.
::c\<:( ~ ~go ..... I
Q f'-. ~ to 0::1') lD NOTES:
.-f9~ (J) \
V)LO I- 1-'0 1, This is not 0 survey.
a 0::000 ~
-J . CIlCIl
LwV) ~W 2. Basis of bearing is the West line of County
uQ.t- 0
~Lw to ~ :5 p:: Road 951 (C.R. 951) being N 02'15'3'" W, Florida
<{c..') t- Q. State Plane Coordinates NAD 83/90, East Zone,
--J<{ f- ~ I
LwQ a 3, Subject to easements, reservations and
-J Z I restrictions or record.
~ CJ) ::> \
01"') L!) 0 4. Easements shown hereon are per plat, unless
Qt'<) l- t) otherwise noted.
0:: a
cna:i 5, ROW represents Right-of-Way,
Lw, 6. P,O,B. represents Paint of Beginning,
--JQ I 7. P.O.C, represents Point of Commencement.
r 8. LB,E. represents Landscope Buffer Easement,
en N
1-1>- I 9, U.E. represents Utility Easement
CO <0 10. C.U,E, represents County Utility Easement.
Lw t'... \ 11. S.W,E. repre.ents Sidewalk Easement.
Q lC)
DESCRIPTION:
f-
a A Westerly 10.00 feet of Tract B-2,
I Pebblebraoke Lakes Phase 2B, according to the
plat thereof, as recorded in Plat Book 33,
I Pages 57-58 of the Public Records of Collier.
County, Florida; being mare particularly described
\ as fallows:
Commencing at the Southeast corner of Tract
B-2; thence North 89'56'21" West, a distance
of 10,01 feet to the Point of Beginning; thence
continue North 89'56'21" West, along the South
I line of said Tract B-2, for a distance of 10.01 I
feet; thence North 02'15'31" West, along the
I West line of Tract B-2 for 0 distance of i
687.40 feet, to the Northwest corner of Tract
B-2; thence North 8T44'29" East, along the
North line of said Tract B-2, for a distance of
10.00 feet; thence South 02'15'31" East, far a
- distance of 687.80 feet to the POINT OF
BEGINNING.
Containing 6,876.02 sq. feet or 0.1579 acres,
more or les.,
I
I
TEMPORARY \ /0- I-OJ
CONSTRUCTION EASEMENT (DATE SIGNED)
(DURATION: 3 YEARS FROM
) COMMENCEMENT OF CONSTRUCTlO('" NOT VALID WITl10UT Tl1E SIGNATURE AND THE
) ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. ..'~~/..:
CERTIFICATE OF AUTHORIZATION L8 #4-3
PROJI:CT NO..: 65061 PARCD. NO. : 750 CUEHT~ COLUER COUNTY DEPARTMENT
Wil.Mille,.'^UO- OF TRANSPORTATION
1m.[, 10F
004
-..~.&.IogWo.~.~_.~~ f 89
......... h:.
-."".....-.,-.- ..~ PROJ[CT NO.:
_....~....D,....__.__.'" _. ___ 07/ZOOJ N6015-005-000
Sop 25, 2003 - 15:OJ:O'i t.IWo!UIIE:IX:\SU!l\Neol 5\851 odl OO,dw8
---
Page.,1 -l EXISTING I ~ I
WEST "
'iB a:i \ ROW UNE \ FEE SIMPlE
_ lU ' I INTEREST
QQ N
\ I r7 I
\ ~ I ~ I
..- \ (,) \3= \ 0 .. 00'00 200
I <{ 0 \3= GRAPHIC SCAlE
o In:: ~ 0
~ I-- P::
<..:> 0 t
~ ~ I ~ LINE TABLE
-::;- \ t3 LINE LENGTH BEARING
~ L259 307.20 S02'15'31"E
(Q 20' .E. & L;B.E. to L260 10.00 S8T44'29"W
(Q ~ en L261 307.20 N02'15'31"W
~ U L262 10.00 _N8",:~5'01.E
o "-'" I ~ NOTES:
..-4 I 0
~ ~ 1, This is not a survey.
~ ~ \ 2, Basis of bearing is the West line of County
o r r -< Road 951 (C.R. 951) being N 02'15'31" W, Florida
- ~ 0 State Plane Coordinates NAD 83/90. East Zone.
-~ ~ <0 ~
(Q I 3. Subject to easements, reservations and
~ ~ restrictions or record,
o ~ I 4. Easements shawn hereon are per plat. unless
o \ otherwise noted.
U 5, ROW represents Right-of-Way.
6, P.O,B. represents Paint of Beginning.
7. P.O.C. represents Paint of Commencement,
8. D.E. represents Drainage Easement.
9. L.B.E, represents Landscape Buffer Easement..
_ 10. U.E. represents Utility Easement.
11. C.U.E, represents County Utility Easement.
I 12, S.W.E. represents Sidewalk Easement.
en
('..j or DESCRIPTION:
W <..:> The Easterly 10.00 feet of Tract B-3,
(J) CD ~ I Pebblebraake Lakes Phase 2B, according to the
<:( lI') <..:> Plat thereof, os recorded in Plat Book 33,
::r:: I <l:"- I Pages 57-58 of the Public Records of Collier
Q f'... ~ (Q County, Florida; being mare particularly described
lI') ~ \ as fallows:
~ <3 BEGINNING at the Northeast corner of said Tract
~ (J) B-3; thence South 02'15'31" East. along the
lU (Q Easterly line of said Tract 8-3, for 0 distance
<:( <.::l ~ ~ N I of 307.20 feet, to the Southeast corr,el "I said
-l <{ 0 ~ I' tract; thence South 8T44'29" West. along the
liJ Q. -J 3f t:l """ I South line of said Tract B-3, far 0 distance of
~ Ol '0 ~ VI 10,00 feet; thence North 02'15'31" West 307.20
o r-r) l!) 1. ..J Q \ feet, to a point an the Northe~ly ~ne of said
O I") ~ i5.\:.! 0. Tract B-3: thence North 8T45 01 East, olong
o iE 0 . the Northerly line of said Tract B-3, far 0
n:: . ......~ g distance of 10.00 feet to the POINT OF
en en ex> ".-la ~ BEGINNING,
lU . l!) I..JO
-J Q. f< ~ g I Containing 3,071,99 sq. feet or 0.0.705 acres,
en ~ u It t-o I more or les.,
en 0 ~ :5
~ f'- >-0. \
~ THE FIRM)
(Q I 10 .. 7 .. O"} (DATE SIGNED)
l[) NOT VALlO WITHOUT THE SIGNATURE AND THE
f- I ORGINAL RAISED SEAL OF' A FLORIDA. UCENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB #43
_ PR<>JECT NO~ 65061 PI\RCEL NO. , 151 CUD/T, COLLIER COUNTY DEPARTMENT
Wil";'~ille'''''''''- lTT\L OF TRANSPORTATION 10F
""'.J 004
_. a.-.. ~'..--.. '-"*"""_. ~CalUn f 89
....',...~'.~._ OAT!; PROJECT NO,
_1IlIIrLn..........--,--.,.-.--- 07/200J N6015-005-000
Sop 25. 200J - 15.03,09 WlAlIURE\X:\SUR\NB015\95'odl00.d""1l
'--'-""-" .---.. -- -~.- -..----
Page.flat2f. ,-r.
-.J \ EXISTING I TEMPORARY 4
WEST
en , OW LINE CONSTRUCTION EASEMENT
en en (DURATION: 3 YEARS FROM
lLJ Q I CO j'MENCEMENT OF CONSTRUCTlON)
Q 1 N
1 I rl '...- I
I ex: I ' 0 2S ""'00 200
I-- GRAPHIC SCAlE
~ I (,) ~ \
~ ~ g ~ LINE TABLE
I f-: 0 P:: LINE LENGTH BEARING
I 0 I H L263 10.00 S87"45'01"W
..... 1;2 L264 307.20 S02'15'31"E
,......, <: L265 10.00 S87"44'29"W
l{) I U L266 307.20 N02'15'31"W
(J) ..... L267 10.00 N8T45'01"E
.E. & l.B.E, an
P:; (J)
~ I p:; NOTES:
l() l{) I (.) 1. This is not a survey.
~ I (J) 2. Basis of bearing is the West line of County
I- t:l Road 951 (C.R. 951) being N 02'15'31" W, Florida
a r ~ <: State Plane Coordinates NAD 8J/90, East Zone,
m 0
'" m"'" p:: 3. Subject to easements, reservations and
~ I restrictions or record,
I- ~ I 4. Easements shawn hereon ore per plot, unless
~ g \ otherwise noted,
0::: (.) 5. ROW represents Right-of-Way.
i--= 6. P .O.B. represents Paint of Beginning.
7. P.O.C, represents Point of Commencement.
8. D.E. represents Drainage Easement.
9. L.B.E. represents Landscape Buffer Easement.
I 10. U.E, represents Utility Easement.
PARCEL 11. C,U.E. represents County Utility Easement.
I 12. S,W.E, represents Sidewalk Easement.
751 DESCRIPTION;
en
C'\J C'-I The Westerly 10,00 feet of Tract B-J,
~ Pebblebroake Lakes Phase 2B, according to the
lLJ (.) Plot thereof, as recorded in Plat Book 33,
(f) I- I- Pages 57-58 of the Public Records of Collier
<{ ~ (.) 3 I County, Florida; being mare particularly described
-r-- ~ ~ as follows:
~ 10::: ~ I
Q I"'--.. i--= COMMENCING at the Northeast corner of soid
L[) 6 I Tract B-3; thence South 87'45'01" West along
(f) -l the North line of Tract B-3, a distance of
Lu (f) 10.00 feet to the POINT OF BEGINNING; thence
~ Lu ~ South 02'15'31" East, 0 distance of 307,20
<{ () feet, to its intersection with the -South line of
-.J <{ I- >: ~ 1 Tract B-3; thence South 87'44'29" West, along
Q 3 ~ Ul ~ said South line, for 0 distance of 10,00 feet;
lLJ .!.!,sUl I thence North 02'15'31" West 307,20 feet, to its
~ ~ ~ f :::J W \ intersection with the Northerly line of said Troct
o I"J :<: W ~ B-3; thence North 87'45'01. East, along said
o I"J I- '!!'5 Q. Northerly line, far 0 distance of 10,00 feet to
ex: a ~o a the POINT OF BEGINNING,
. ~~
~ ~ CO .. ~ 6 Contoining 3,070,98 sq. feet or 0.0705 ocres,
-.J CL l() p:: ~ 0 I more or less.
en I- wm
a uQ.1- I
en ~ ~
Lu I- Q.
'"
CL l() _
I-
a '0
~ I / - 7 -OJ (DATE SIGNED)
ll) I NOT VAUD WITHOUT THE SIGNATURE AND THE
I- ORGINAL RAISED SEAL OF A flORIDA L19ENSEO
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION lB #43
'1ll>llCT NO" 65061 PNlCQ. NO. '751 ClJ[Hf, COLLIER COUNTY DEPARTMENT
Wil.Millei-'M~- ~ OF TRANSPORTATION
""""8'o:INn.ScdlgWo .~,~_ ,~~
-,...~'.";;"...._ Ofom PR<>J<CT NO"
..,....,t-....1J1l'III""__.,."""_."'_.___ 07/200J N6015-005-000
Sop 25, 2003 - 15,03:09 t.IIAlIUR!lX:\SUR\N6a15\951.dlDO.d"9
EXHIBIT \ I
Page-1:l of \ \
--- --
--
FEE SIMPlE ~ I
m INTEREST I
N
W \ ~ \
U1 0
<( OJ ri
I lD ..J
0.. I <{
r--- z
U1 lO I <{ I
w .0 ,.)
::.::: U1 r r
N N 0 I ~ \
SW 1Jl ~ LO
l? '-" ~ ....., ; \
w <( .- \
~ 0.. - LO
0 L252 01
0 n ri
n:: n ~
m u
w m ~
-1
rn 0..
m \
w \
0..
\ I
LEGAL DESCRIPTION LINE TABLE
The' Ea.terly 10.00 feet of Tract R, Rackledge
Drive, Pebblebroake lakes Phose 2B, according LINE LENGTH BEARING
to the Plot thereof, as recorded in Plat Book L250 10.00 N8T44'29"E
33, Page. 57-58, of the Public Record. of L251 60.00 S02"15'31"[
"- Collier County, Florida, being mare particularly L252 10.00 S87'44'29"W
described os follows:
l253 60.00 N02'15'31'W
Beginning at the Northeast carner of said NOTES:
Tract "R"; thence S,02'15'31"[., 0 distance of
60,00 feet to Southeast corner of Tract "R"; 1. This is not a survey.
thence S,8T44'29"W. along said South line, 0
distance of 10.00 feet; thence N.D2'15'31 "W., 2. Basis of bearing is the west line ,,~ .rcl1nty
I a distance of 60,00 feet to its intersection Road 951 (C.R. 951) being S 02'15'31" E, Florida
with the North right-of-way line of Tract "R"; State Plane Coordinates NAD 83/90, East Zone.
thence N,8T44'29"E, along said North line, a
di.tance of 10.00 feet to the POINT OF 3, Subject to easements, reservations and
BEGINNING, restrictions or record,
Containing 600.00 square feet or 0.0138
acres, more or less. 4, Easements shown hereon are per plat, unless
otherwise noted,
5. ROW represents Right-of-Way,
6. P.O,B. represents Paint of Beginning.
7, P,O.C, represents Point of Commencement.
8, O.R. repre.ents Officiol Records.
9, L.B,E, represents Londscape Buffer Easement,
10, U .E. represents Utility Easement
~
10-7 -0] (DATE SIGNED) N
NOT VALID WITHOUT THE SIGNATURE AND THE '.- I
ORGINAL RAISED SEAL OF A flORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFlCATE: OF AUTHORIZATION LB #43 0 ,. so 100 200
GRAPHIC SCALE
PROJECT NO.: 65061 PARen NO. : 152 COLLIER COUNTY DEPARTMENT
-
Wil.Mille'.'~U.- OF TRANSPORTATION 10F
SKETCH & DESCRIPTION 004
_._.Ji:<llaoWo...".,...,~-'--~ f 89
Ilto<rithr; tlc: PROJECT WO.:
_.JOoj....._._.- 09/200~ N601~-OO'-OOO
...,1-.......,...-_.__.",_._--
lop 25, 2003 - lll:OJ:OlI 1ll.NoIURE\X:\SuR\Neol 5\951 ocIl OO.d"'l
_____a .~~_._._ .______..~w..'.- ~._. -..-..-
>- I f-- I , OESCRIP1l0No 4
U I I I
Tract "6- -0:: The West 36.22 feet of the Easterly 46.22 feet of
PEEBLEBROOKE LAKES go , I Trect R. Rockledc;e Drive, Pebblebrooke lakes Phose
PLAT 800K 30, PAGES 4-12 28. according to the Plol tllereof, 0$ recorded in P:ol
\ \ Book 33. Pages 57-58 of the Pubiic Records of the N
Collier County, Florida; being more particularly
<0 described os fol!ows:
<0 IJ- -
>- ~ :7 CO~M(NCING at the Northeast comer of said Trad R;
0 0 I thence South B7-44'29"' West. 0 distance of 10.00
'" -J p:: feet to the POINT OF BEGINNING: thence South . " ,. '00
"'<D I 02"15'31. East. for 0 distance of 60.00 feet; thence GRAPHIC SCot
'" LO '0 South 8744'29. West, along the South right-of-way
W, <D NOTES:
~~ 0 \ line 01 Rock.ledge Drive, for 0 distance of 36.22 feel;
>- .... \ ~ thence North 02"15'31. West 50.00 feeL to the North
a.", 0 1. This is not 0 survey.
~~ ~ line of said Trod R; lhence North 874.4'29- East.
.... 010n9 the North right-of-woy line of RockJedge Drrve, 2. Bosis of bearing is the West line 0
r--... In
~": I 0> for 0 distance of 36.22 feet to the POINT OF Rood 951 (C.R. 951) being N 02'15'31'
'" ~ I BEGINNING.
w>') <.J I Florida State Plane Coordinates NAn 83,
" ~ Zone.
0" I ~ I Containing 2.' 73.20 sq. feet 0.0499 acres, more or
00 U
0:0 less. 3. Subject to eosem~ts. reservations
el'" ...." I u I
~.... restrictions or record.
lll~ .... ....
we>. \D \D 4. Easements snown hereon ore
a. 0> 0> unless otherwise noted.
LINE TABLE
~ I ~ I LINE LENGTH BEARING 5. RCW represents Right-ot-Wey.
0 U 1254 10.00 SBT44'29"w
0:: I Y 6. P.Q.8. represents Point of Beqinninc;
1255 60.00 S02'15'31"[
>- \ 1256 36.22 SBT 4-4'29 "w 7. P.D.C. represents Point ot Commen.
en E-o 1257 6000 NO 15'31"w
:z;
C"l ~ 1258 36.22 NBT<<'29"'E
Lu <.J ~ ~ 0
>- U_
Vl Cl)>- 0 ~t1~ z I I
<::(l!")U -J 0
:r::1-<( <0 ?~~ !z::;ti I I jO - 7 - OJ
Q. '" go :i:w< wO::> \ \ (OATE SIGNED)
>- "'''' a. ~if~
Vll!") ii.o.
0 ~oo NOT VALlO WITHOUT THE SIGNATURE ANI
-J 0:'" ~~"8
LuVl ' m aRGINAl RAISED SEAL OF A flORIDA U
:-'::Lu <D ,lj6 O~~~ SURVEYOR AND MAPPER.
~~ F~g CERTlFlCATE OF AUTHORIZATION LB 143
.... 1J1t..... ~UI , I
~ :'i ~1fO..: 65061 P'Illfl(:(LC.: 752 """,, COWER COUmY DEPAR7lJENT
.... a.
WiIsDnMillei-'~ OF TR>>ISPOFfTATION
"'"
SKEC7H a- DESCRIPTlON
.. l>'/MII4y RESTORATION EASDENr
....... ~........ ,.,..,... ~~. ~~
-.~ ..'" .......-
......M... ...... .......,...
s.r, 25, 2DCU - 15:03:01' ~~5\..,""0Cl.h0J -~..- ......,..,..,....... .......,. --....... ...-.- 07/2OOJ NfiO'~
Agenda Item No, 10F
May 25, 2004
Page 84 of 89
\t-'.U.\j, \ \ \
EXISTING
SIDEWALK
FEE SIMPLE EASEMENT if I
INTEREST 4: I ~ I
N-.t
- ::5 I \ 0 \
r-- ci
0..1") ~
w~ -l
0. <(
z a::: z
~<.? U1 <(
1")04: 0 0 "0 I () I
00..
1-0::: I'q I'q 0 ~
o co " ~ ~ - I LO I
-IW(!) (J'\. v:. "'-./ 0)
-II") UJ UJ .... \ 5 \
co ~ ~ LO
com : : 0)
W . :iE [Tl ci
0..0.. . U ~I
(J'\ (J1 ~
<D <D
~ 0 \
-l>- (Xl
-l>- 0). \
- \
LINE BEARING
L268 N89'51'46"W I I
L269 N8T44' 8"E
I I
\ \
2 I I
I I I
DESCRIPTION: NOTES:
A portion of Lot 3, Pebblebrooke Plaza, 1. This is not a survey.
according to the Plat thereof as recorded in 2. Basis of bearing is the West line of County
_. Plat Book 36. pages 3-4 of the Public Records
of Callier County, Florida; bein9 more particularly Road 951 (C,R. 951) being S 02'15'31" E, Florida
described as follows: State Plane Coordinates NAD 83/90, East Zone,
BEGINNING at the Northeasterly carner of said 3. Subject to easements, reservations and
Lot "3"; thence South 02" 15'31" East, along the restriction. or record.
Easterly line of said Lot 3, for a distance of
590,86 feet to the Southeast corner of said Lot 4, Easements shown hereon are per plat, unless
3; thence North 89'51'46" West along the South otherwise noted,
line of Lot 3 a distance of 10.01 feet; thence
North 02"15'31. West 590.44 feet to the 5. ROW represents Right-of-Way,
Northerly line of said Lot 3; thence Narth 6, P.O.B. represents Paint of Be9inning.
8T4-4'28- East. along the Northerly line of said 7. P.O.C. represents Paint of Commencement.
Lot 3. for a distance of 10.00 feet to the 8. O.R, represents Official Record.,
POINT OF BEGINNING. 9. L.B.E, represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
Containing 5,907.23 sq, feet or 0,1356 acres,
mare or less. ~
J 0 . 7 - t? '~ (DATE SIGNED) 1\1
NOT VALID WITHOUT THE SIGNATURE AND THE i
ORGINAL RAISED SEAL OF A FLORIDA LICENSED 'r.- \
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La #43 0 20 50 '00 200
GRAPHIC SCALE
PROJECT NO.: 65061 rNtCD.. NO. : 154- COLLIER COUNTY DEPARTMENT
Wil.Mille'-'~U.- OF TRANSPORT A TlON
SKITCH de DESCRIPTION
_,~.II:xlIl;IoIo,ano,.n'~-'~~
ll'Iocri6r, he PROJ(CT NO.:
..... ./Irf..... _. _.1.... 09/200J mE NO.:
^,.-.,. _...,.......D.___._~,"'_._-- N601 !5-00!5-000 2L-812
:'p 25. 200J - lS:03:0i lolWollJRQX:\SUR\H501S\iSl.d100.dwg
Agenda Item No, 10F
May 25,2004
Page 85 of 89
-...- .- -'-"-"",'- ~^'-_.-
~. \ \
EXISTING
SIDEWALK
EASEMENT if I
~.,j- I ~ I
::]1 \ 0 \
Q..I"J ;--. Ii
wtf) ~ .J
IUl q <(
~w z ~ z
I"JO~ <(
I-~Q.. 0 \~ '0 I u 1
~ 0 ~
o co - ~ ~ I II) I
-lw\O 01, 01. '--" O'l
-It'J Vl Vl ~ \ 5 \
co . ~ II)
COm : O'l
W ' ::E r'1 Ii
QCL
u ~I
01 U1 ~
TEMPORARY <D <D
0 0 I
CONSTRUCTION EASEMENT tv ~
(DURATION: 3 YEARS FROM Vl Vl
, . \ \
COMMENCEMENT OF CONSTRUCTlON)
LINE TABLE
LINE LENGTH BEARING 1 I
L270 10.00 S8T44'28"w
L271 5.00 S89'51'46"W I I
! L272 5.00 NBT44'28"E \ \
i
I I
L271 I I I
DESCRIPTION:
NOTES:
A portion of Lot 3, Pebblebrooke Plaza, 1. This is not a survey.
according to the Plat thereof as recorded in
Plat Book 36, pages 3-4 of the Public Records 2. Basis of bearing is the West line of County
of Collier County, Florida; being more particularly
described os follows: Rood 951 (C.R, 951) being S 02'15'31. E. Florida
State Plane Coordinates NAD 83/90, East Zone.
COMMENCING at the Northeasterly comer of said
Lot "3"; thence South 6T44'28" West along the 3. Subject to easements, reservations and
North line of lot 3. a distance of 1 0.00 feet to restrictions or record.
the POINT OF BEGINNING; thence South
02"15'31" East. far a distance of 590.43 feet 4. Easements shown hereon are per plat, unless
to the Southerly line of said Lot 3; thence otherwise noted.
North 89'51'46" West along the South line of 5. ROW represents Right-of-Way.
Lot 3 0 distance of 5.00 feet; thence North
02'15'31. West 590.23 feet to the Northerly line 6. P.O.B, represents Point of Beginning.
7. P.O.C. represents Paint of Commencement.
of said Lot 3; thence North 6744'28" East, 8. O.R. represents Official Records.
along the Northerly line of said Lot 3, for a 9, L.B.E. represents Landscape Buffer Easement.
distance of 5.00 feet to the POINT OF 10, U.E. represents Utility Easement.
BEGINNING.
acres, +
(FOR THE FIRM)
(DATE SIGNED) N
NOT VAliD WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED ',.- i I
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
. " so 100 200
REVISED 10-13-03 - REVISE LINE TABLE CRAPHIC SCAlE
PROJECT NO.: 65061 PARCEl NO. : 754A COLUER COUNTY DEPARTMENT
Wil.nMillerk'~-- OF TRANSPORT AnON
SKETCH & DESCRIPnON
".".,.,.~, 5c<*lP*' an.,.... <.-_. ~eor-..
~bc PROJECT NO.: m.r NO.:
...../irI...._._.T_
...,.IJooUrIll,......__.__."'_.___ 09/2OOJ N60/5-005-ooo 2L-812
s.p 25. 2003 - 15;()J:09 IoIlmURE!X:\SUR\N801 S\USl lid 1 ao.dwg
Agenda Item No, 10F
May 25, 2004
Page 86 of 89
tXIS IINl> \ \
SIDEWALK
EASEMENT
f( I
<'<t I ~ I
N1 \ ~ \
51") ~ r--. ~
_. D... : ~
.-J
w~ MI 0 <(
oc "L.
::.:::~ 4:
1")0< '0 I u I
on.. ~\ 0 ~
f-~ ,... \ l.() I
o en . ....." m
.....IWlO l-'
.....II") 0 ,... \ 5 \
- l.()
en m
enai
w ' 0:;
D...D... u ~
~
I
r \ \
tv
, -...j
I -t>-
I I
I I
TEMPORARY \
CONSTRUCTION EASEMENT \ I
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
I I
I I I
DESCRIPTION: NOTES:
A portion of Lot 3, PebbJebrooke Plaza, 1. This is not 0 survey.
according to the Plat thereof os recorded in
Plat Book 36, pages 3-4 of the Public Records 2. Basis of bearing is the West line of County
of Collier County, Florido; being mare particularly
,- described os fallows: Road 951 (C.R, 951) being S OZ'15'31" E, Florida
State Plane Coordinates NAD 83/90, East Zone,
COMMENCING ot lhe Northeasterly corner of said 3. Subject to easemenls, reservations and
Lot "3"; thence South 87:44'28" West, a
distance of 10,00 feet; thence South 02'15'31" restrictions or record,
East. a distonce of 356.30 feet to the POINT 4. Easements shown hereon ore per plot, unless
OF BEGINNING; thence continue Soulh 02'15'31"
East. for 0 dislance of 125,00 feet; thence otherwise noted.
South 8/44'Z9" West, a distance of 52.00 feet; 5. ROW represenls Right-of-Way.
lhence North OZ'15'31" Wesl 125.00 feel; 6. P.O.B. represents Paint of Beginning.
thenCe North 8T44'29" East, for 0 distance of 7. P .O.C. represents Point of Commencement.
52,00 feet to the POINT OF BEGINNING, 8. O.R, represents Official Records.
g, LB.E. represents Landscape Buffer Easement.
Containing 6,500.00 sq. feet or 0.1492 acres, 10, U.E. represents Utility Easement.
more or less,
LINE TABLE ~
LINE LENGTH BEARING
L273 10.00 S8T44'28"W
L274 125.00 S02'15'31"E
LZ75 52.00 S8T44' 9"W
/0 -7-0] L276 125.00 NOT15'31"W N
(DATE SIGNED) L277 52.00 N8T44' 9"E
NOT VALID WJTHOut THE SIGNATURE AND THE ... [ I
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTiFiCATE OF AUTHORIZATION LB #43 0 25 ~ 100 200
GRAPHIC SCALE
~NO..: 65061 PMCD. NO. L 7548 COLLIER COUNTY DEPARTMENT
Wil.MillerM'~U.- OF nRANSPORTAnON
SKETCH &- DESCRIPTION
-'s.--.'~'~ ,~_, ~C<no.f"
WIo<riIW, he. PROJE.CT NO.:
-.""....-.-.- 70/200:1 FILL NO.:
....,........11I,___.__,,,,_. --- N6075-005-000 2L-812
- op 25, 200J - 15:03:09 lllAllURE!X:\SUR\NeOl 5\95 1 odl OO.d"9
Agenda Item NO. 1 Ur
May 25, 2004
Page 87 of 89
.
~;f:
~"."._~ -. ." -~-
-11") .
(L (<&s I I
w~
::L() I I
~o<{ n \
f-~(L r r
o rn - N N
-.JW(Q (Xl (Xl
-.JI") .j:>. ())
,.....,
rn ~ ?i
~ rno:) 155 P,Q,8. 0 I ..J I
w . <{
(L(L a:: I ~ I
'0 u \
I L283 0 \ ~
'--' lI'l
())
~ ~
lI'l
()) u
FEE SIMPLE 0:: I I
INTEREST EXISTING u I ~
SIDEWALK \ ~
EASEMENT
LINE TABLE \ I I
LINE LENGTH BEARING I I
I L283 10.00 S8T44'28"W
L284 147,30 N02'15'31 "W
L285 12,01 S58'36' 40"E
L286 140,64 S02'15'31"E
I I
I I
\ \
LEGAL DESCRIPTION NOTES:
A portion of Lot 1. Pebblebroake Plaza,
according to the Plat thereof as recorded in 1. This is not a survey,
Plat Book 36. poges 3-4 of the Public
Reconds of Callier County, Florida; being mare 2. 8asis of bearing is the West line of County
particularly described os follows: Road 951 (C.R. 951) being S 02"15'31' E, Florida
BEGINNING ot the Southeast carner of Lot 1; State Plane Coordinates NAG 83/90, East Zone.
thence S,8T44'28"W. along the South line cf 3. Subject to easements. reservations and
Lot 1, a distance of 10.00 feet; thence restrictions or record.
N,02'15'31"W., 0 distance of 147.30 feet to a
point on the Northerly line of Lot 1; thence 4. Easements shown hereon are per plat, unless
5,58"36' 40"E. along said North line to the otherwise noted,
Northeast comer of Lot 1, a distance of 12.01
feet; thence S,02'15'31"E. along the Easterly 5. ROW represents Right-ot-Way.
line of Lot 1, a distance of 140.64 feet to 6. P.O.B, represents Paint at Beginning.
the POINT Of BEGINNING. 7. P,O.C. represents Paint of Commen"",..,~~t.
Containing 1,439.68 square feet or 0,0331 8. O.R. represents Official Records,
acres. more or less. 9. L.8.E. represents Landscape Buffer Easement.
10, U.E. represents Utility Easement.
4
If} -7,-0 J (D,i,TE SIGNED) 3M
NOT VAUD WTTHOUT THE SIGNATURE AND THE ,- - I I
ORGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER,
CERTIFlCATE: OF AlnHORIZATlON La 143 0 :IS IlO '00 200
GRAPHIC SCALE
PlItOJD:T NO.: 65067 fI'NtCZ:L NO. ; 755 COLLIER COUNTY DEPARTMENT
Wi!~nM!!!e!~-~U.~ OF TRANSPORTAT10N
SKETCH de DESCR/PT10N
-.s-.. -......an.,..... ~_,~.,......
~,hc. PROJf;CT NO.: F'1..L NO..:
..... rwf......_. _.,.... 10/2ooJ
.....Iao.... ......__ __.,.._. __... N60 f5-005-000 2L -B 12
:op 25. 2003 - 15:03:01 lIlA11UREjX:\SUR\Nao1 S\SS I 0<11 OO.dwg
Agenda Item No, 10F
May 25, 2004
Page 88 of 89
"
n:: ,..) (<&1 I I
W~ I I
:-'<::0
~O<( n \
00...
f-O::: r
o m - N
-1WI.O OJ
0
- ..J1'0
m @-
mm 755 I -' I
W ' 4:
0...0... I z \
4:
'0 u \
0 \ ~
~ l()
--..../ en
~ e:::
l()
en u
TEMPORARY ci I I
CONSTRUCTION EASEMENT EXISTING U I ~
(DURATION: 3 YEARS FROM SIDEWALK ~ ~
COMMENCEMENT OF CONSTRUCTION) EASEMENT
TABLE \ I I
LINE
LINE LENGTH BEARING I I
L27B 10.00 SBT44'2B"W \ \
L279 5,00 S8T44'28"W
L2BO 150.62 N02'15'31"W
L281 6.01 S58' 36' 40"E
L282 147.30 S02'15'31"E I
I
I I
\ ' \
LEGAL DESCRIPTION NOTES:
A portion of Lot 1, Pebblebrooke Plaza,
according to the Plat thereof os recorded in 1. This is not 0 survey.
Plat Book 36, poges 3-4 of the Public
Records of Collier County. Florida; being more 2. Basis of bearing is the West line of County
.- particularly described as follows: Road 951 (C,R, 951) being S 02'15'31" E. Florida
Commencing at the Southeast corner of Lot 1; State Plane Caordinates NAO 83/90. East Zone,
thence S.B7" 44'28"W. along the South line of 3. Subject to easements, reservations and
Lot 1, a distance of 10.00 feet to the POINT restrictions or record.
OF BEGINNING; thence continue S.87"44'28"W.
along said line, 0 distance of 5.00 feet; 4. Easements shown hereon are per plat, unless
thence N,02'15'31"W., a distance of 150.62 otherwise noted,
feet to a point on the Northerly line af Lot 1;
thence S.5B' 36' 40"E. along said North line, a 5. ROW represents Right-of-Way,
distance of 6.01 feet; thence S,02'15'31"E., a 5. P,O.B, represents Point of Beginning,
distance of 147,30 feet to the POINT OF 7. P .O.C. represents Point of Commencement,
BEGINNING. B. O,R. represents Official Records.
Containing 744.80 squore feet or 0.0171 9, L.B.E. represents Landscape Buffer Easement,
acres. more or Jess. 10, U.E. represents Utility Easement,
+
10- F-O J (DATE SIGNED) N
NOT VAUD WITHOUT THE SIGNATURE AND THE '.- I I
ORGINAL RAISED, SEAL' OF A FLORIDA UCENSEO
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB #43 . ,. 50 'DO 200
CRAPHIC SCALE
toJECI' NO" 65061 pNtCQ.. NO. : 755 COWER COUNTY DEPARTMENT
Wil."'iller.'~"- OF TRANSPORTATION
SKETCH & DESCmPTlON
_.~,EooIopIoII.",-"'~-'--~
llIoorMor; he. PROJECT NO.: flU NO.:
.....For1_._._.no,. 10/200,]
._laoo....._--._-'....~._--- N601!J-005-OOO 2L -812
,- . 25, 2003 - HI:D3:Ol1 Wv.M\IRElX:\SUR\H80' 5\95' .d'OO.d"9
Agenda Item No.1 OF
May 25, 2004
Page 89 of 89
_N"'''''__~..' . ,._-~._-
,-'
EXECUTIVESU~ARY
Designate property known as the "Lely Cultural Center" for the South Regional
Library I County Museum and begin the process of planning the facility.
OBJECTIVE: To provide library and museum services in the most convenient
location for the public.
CONSIDERATION: Several months ago, the Board updated the Lely DRI,
which altered the planned road network. As a result, Lely Cultural Boulevard is planned
to be connected with Rattle Snake Hammock Road and Grand Lely Boulevard I Santa
Barbara extension. In doing so, the value of the 20 acres dedicated to the County for
cultural purposes greatly increased because of the anticipated traffic that will traverse the
road network. Coupled with the approved Planned Unit Developments scheduled for
development, this area is expected to grow.
Presently, the South Regional Library is planned to be located at Eagle Lakes Park.
While this location provides exposure on the US 41 corridor, the five-acre site is fairly
tight to build a regional library. The Park is already congested on weekends even without
the additional facility.
~
The option of utilizing the 20-acre Lely site also provides an opportunity to co-locate the
new Regional Library with an expanded County Museum facility. Limited exhibition
space and poor visibility to passing motorists have long been serious drawbacks to the
main Museum facility at the County Government Center. Although the general history of
Collier County and Southwest Florida is adequately told and preserved at the current East
Naples location, the present exhibition galleries are simply too small and under-equipped
to accommodate the high-visibility, culturally significant exhibitions that would attract
larger resident and tourist audiences. A new and expanded Museum exhibition facility at
the proposed site could remedy the Museum's public access and gallery space issues,
significantly increase the Museum's marketing power with more prominent exhibitions
and private collections, and draw additional tourists and tourist revenues to our
community.
Finally and probably the most compelling reason to build the facility is the demand from
the community to have the library online when development occurs in this community.
If this site is selected, staff could begin planning the facility immediately which would
allow the facility to possibly be completed approximately 6 months ahead of when the
Growth Management plan requires it in 2007-2008. This land would also provide a
savings because it is presently in the County inventory.
GROWTH MANAGEMENT: The South Regional Library is presently anticipated
in FY08 under the Growth Management Plan. The facility could be completed slightly
,--. ahead of schedule if this staff begins planning this facility immediately.
Agenda Item No. 10G
May 25, 2004
Page 1 of 3
._--_...._,-"~--.._------ __.'_,__~,__."'_"'''''''''''''Il___..""...""""._..,_-.._"_.~- ,--~. --.
--_.._~._----
FISCAL IMPACT: The library will be constructed with impact fees and operated with
general funds. In order to complete the library as development occurs, funds will most
likely need to be borrowed and paid back by anticipated impact fee revenues, A
reimbursement of $1,500 will be made to the Parks Impact Fee fund. Staff is presently
researching whether library impact fees to develop "living library" (i.e. a museum
facility) are an eligible use of funds.
RECOMMENDATION: The Board dedicate this property for library and museum
uses and authorize staff to begin the planning process of the South Regional Library I
Museum concept.
,.",~-
.........-~
Agenda Item No. 10G
May 25, 2004
Page 2 of 3
..,,,.-
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 10G
Item Summary Designate properly known as the "Lely Cultural Center" for the South Regional
Library / County Museum and begin the process of planning the facility. (John
Dunnuck, Public Services Administrator)
Meeting Date 5/25/2004 9:00:00 AM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5119120049:25 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/19/20049;51 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/19/20042:07 PM
Approved By
Michael Smykowski Management & Budget Director Date
.- County Manager's Office Office of Management & Budget 5119/20042:44 PM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5119120044:08 PM
,-.
Agenda Item No.1 OG
May 25, 2004
Page 3 of 3
----..---- . _..,~
,-
EXECUTIVE SUMMARY
Review options relating to the development of a junior golf program and public golf
course.
OBJECTIVE: To offer diverse recreational opportunities with limited funding.
CONSIDERATION: The Board authorized staff to bring back options relating to
a junior golf program and public golf course following a public petition item on May 11,
2004. The Board was approached with a concept to provide land for the development of
a public golf course that would concentrate on developing a junior golf program in an
effort to provide children additional recreational opportunities. Following this meeting,
staff met with the representatives to discuss the two issues: 1) improving junior golf in
the community 2) providing a truly public golf course venue in the community.
Junior Golf Program
Staff requested and received a listing of all the existing junior golf programs in the
community (see attachments). Presently there are over twenty programs typically offered
in the summer time at various costs. This is fairly typical of most communities, but what
is a concern of the petitioner is that the programs are not coordinated, there is not one
- "home" course for juniors to practice and hold competitions, and many of the programs
are cost and accessibly prohibitive. It is believed that unless there is one central golf
course, there will never be the ability to address these concerns.
It is staff's observation that some of these issues could be addressed through a
cooperative effort with better coordination, but that there will always be issues. Should
the Board wish to make a program more affordable, it could be achieved through
scholarship programs similarly to the after school program. This may be more cost
feasible than owning a golf course, depending on the level of commitment to building a
course. If the program was coordinated however, it is doubtful it could be offered all
year due to the seasonal demands during the wintertime, school schedules and daylight
hours. This issue would most likely only be addressed if the County did run its own
facility and junior golfers were given priority.
Having one facility then brings up the question of transportation. If the goal of the
program is to offer affordable junior golf countywide, transportation may have to be
arranged. This is a different approach than afterschool programs which are decentralized
throughout the community some within walking distance of park locations.
Public Golf Course
The issue of a public golf course has been explored by the County on several occasions
(see attachment). In the past, the concern raised by the community revolved around
affordability. Due to supply I demand, golf rates usually double and triple in the winter
",--. months making it un affordable for many year round residents. The question in the past is
whether a public golf course could sustain itself while offering reasonable rates. The last
Agenda Item No.1 OH
May 25, 2004
Page 1 of 14
.....--.-,.,..-..-..-.,.".--""----.-.".,.........",...',......._..,.,.,,-~ w' "'-c"""",-.-",-,,'''_''-,, cl"......"_",.....",~_""..,~,..,.-" ..- "...~"..".~"...~...
-
study indicated that while rates could be offered slightly cheaper than other courses, rates
would still need to be significantly raised to offset summer month losses. This scenario
did consider the bonding for construction as part of the operating expenses.
One of the suggestions made by the petitioner to help offset this cost is to enter into a
cooperative agreement where the County provides the land and funds are raised privately
to build the course. The County would then have the option to either operate and
maintain it or contract out both services.
There are presently two properties that could be utilized for a golf course. The first
property is the backside of the fairgrounds. There is an opportunity for approximately 90
acres behind the area where the actual fairground facilities are located, Presently staff
has been preliminarily discussing the possibility of a semi-covered amphitheater I sports
facility in a cooperative effort with the Pair Board. This facility would compliment the
regional park to help draw major softball and soccer competitions to the community.
Another available facility is the 100 acres located off of Vanderbilt extension. This is
intended to be a combination regional park with passive park space for the Golden Gate
Estates area with construction in 7-10 years.
Options:
It appears that there are several options for the Board's consideration,
--
1) Direct staff to coordinate with the area golf courses to discuss ways to
comprehensively improve junior golf in the community;
2) Authorize staff to set aside property and allow the petitioner a couple of years
to raise funds for a golf course.
3) Direct staff not to pursue either program based upon the number of existing
programs and golf courses in the community.
GROWTH MANAGEMENT: Golf courses are not recognized as an element of the
Growth Management Plan.
FISCAL IMPACT: There is no fiscal impact at this time.
RECOMMENDATION: If the consideration is based upon offering a junior golf
program, staff does not recommend any action at this time. If the consideration is to offer
public golf at a more affordable rate, staff recommends that the Board direct staff to
negotiate a time frame to allow the petitioner to raise funds to build a golf course.
,.--
Agenda Item No.1 OH
May 25,2004
Page 2 of 14
--_.,-,..",,,~_.._,,..._,.<,..,.., > ,..,......"";.,~.,,;""~''''.'''_._...._.,,'.
COLLIER COUNTY
.- BOARD OF COUNTY COMMISSIONERS
Item Number 10H
Item Summary Review options relating to the development of a junior golf program and public
golf course. (John Dunnuck, Public Services Administrator)
Meeting Date 5/25/2004 9:00:00 AM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin, 5/19/20049:11 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/19/20049;47 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/200412;34 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/2004 1: 15 PM
-
.-
Agenda Item No.1 OH
May 25, 2004
Page 3 of 14
.- -~--- -~,~-_.._.,....- _ ._n
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tf '1~~ d 04 02: l1a C1nd~ Darland 239-594-0202 p.l
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THE GULF COAST JR. TOUR'S
1taJ~ STATEMENT
The 611. Caast Jr. Tour, lne., ~I. 1:1 Lt.C i1l1994, is a'noa1lf'OClt
......i....... set ap to pnMIIe a tollnla8leld ...... u. .... tile
inter~ to ......... IaDIor golfer wile ....,.... anti
appredalJet.1IIe integrity .,dIe p.e of .. aMI has die tIeM'e
and aIIiIly to IIIaY ~ ~ -eat .....
It is 1IIe goal .. tIIis .......... tit pnMIe . pmgranI for tile
-..erienced ........ .. co...-e .. fowll.lDUrnaJlleId I*IY 4uri.g
tile ~~I___'" ......... pI'OWide access to iii........ ,....... COIlei'll
and to otrer 8dIoIanIIIIt ..,kh~ to DIll' ........,- .. ~J .. By
establiahiag a solid .. feunII---. we ,.. "rile......... T....
melllbets .. beUNIIe . ...... C08IpetitIve entity i. tile State of
I18rfda and .... 111 .. ..~_lIy. 1ft) .. lie able to reinforce tile
.... that.... ~ IMJIJeWJa iL
The Jr. Tour Is administered by IaI:aI P.G.A.. ~es'iDllaI& aM
\1Ih_~ AlllloM)' CIIIIedM tIIrougIa ... .........doIatIons
willie IIMd solely fw 1IIe ltMefit of the Jr. TOIIr pragnun.
... THE.IB. TOlR
Agenda Item No, 10H
JRfI. q;.;_ -- May 25, 2004
6.5('$ 7;€'Iiington Drive · Naples. F10rida 34109 · (239) 594-2202 · (z:J9) 594-0202 Page 4 of 14
Cind~ Darland 239-594-0202 p.2
'1~~ 17 04 02:11a
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JUIIOR ~- TOUR
-.. .. -VI - . .. I
i
I
THE JR. TOUR
2004 TOURNAMENT SCHEDULE
FRIDAY, JUNE 411I .. HIB18CU8 GOLF CUJB
-I.UAURER" . 8:00 1& TIME - ~E.W PlAl'ERS OM..Y"
FRIDAY, JUNE 11 - KENSlNGlON GOLF & c. C.
8:00 A.M. SHOTGUN 2700 Pille RIdje......
fRIDAY, JUNE 18 .. THE Cl.lJB AT OI.DE CWRESS
8:00 A.II. SHOTOON 7165 T....e Dr.
FRIDAY, JUNE 25 .. QUAIL WEST GOLF.A C. C.
- 8:00 A.... SIIOT6VN 8289 Bum...... Rd.
FRIDAY, JVLY 2 .. NO TOURNAMENT
FRIDAY, JULY 9 .. GOLF CLUB 01 the EVER61.ADES
8:00 A.M. SHOTGUN 8835 v....... RIL &iMsIon
FRIDAY, JULY 16 .. VASARI COUNTRY CW8
8:00 A.M. SHOfGIJN 11250 Via Del Vasari Dr.
FRIDAY, JULY 23 .. GOlF ClUB at flDDl.ER'8 CREEK
8:00 A.M. SHOTGUN 3470 Club Center lIIMI.
"Resenafioa DEADLINE for 1IIe AIII1tft/Jr. T...... It Award8 luncheon is...... 181rf
"ADULT (JR. GOLF TOURNAMENT"
SATURDAY, JULY 24- .. VINEYARDS COVNiJRY <<UB
8:00 A.M. SHOTGUN "00 \tIIeyards BIwI..
"AWARDS LUNCHEON"
SARJRDAY, JULY 2401 - VINEYARDS COIIJNIRY CLUB
.".....-. .coo y..... IIIMI.
Inllnediately following Golf Tournament (Approx. 1:00 p....)
Agenda Item NO.1 OH
May 25, 2004
Page 5 of 14
G809 WeDi~ Drivt- · Natlles. F10rida 34109 . (239) 594-2202 · (239) 594-0202
'-'"' _ ._._....e_ ,..........,.~._- .._-,_.~-,-, .-..- ~...
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Junior Clinics Proposal
Location: Pelican Marsh
Instructors: Golf Professionals
Brian Major and Dave Teper
Saturdays April, May, TBA
Time: 1~00-1:45
Price: $12.00 Per Person
Minimum Sign up: 6
Our clinics will cover the fundamentals in putting, shor:t game, iron
play, wood play, and golf etiquette by giving hands on tailored
instruction. We will start with a group overview of the topics to be
cover. Following the group overview, we will then break down into
sfrations and individually assist every student with the topics discussed.
We will gener.ate interest in the learning process by demonstration,
theory, games, and competitions.
Sign up by calling Pelican Marsh Golf Shop each week by 5:30 p.m.
Wednesdays (597-1858). You will receive a return can Thursday. The
clinic will be scheduled if the sign up has reached the minimum.
Let's Plav Golf! 1 Agenda Item No. 10H
May 25, 2004
Page 6 of 14
.
T Page I of2
....... _... ................u_......." "'.......: ,,-,U\'&J.'-' UVLJ""""
:1'1;+" 2004 Southwest Florida Junior Golf Association
~Jl It! 'I:
r' i ln~ I;i Tournament Sched'ule
(. '.
Bighligh~~,d to.urt:\ameI1t:3 are s~parate mailings ancl ~he entry fees are not incl.~ed inJbe m~mbership._
e~ch n;tailing.have.~pecial instructions and ne~d to' ~.adher.ed to..
No Exceptions!
Date Division Location Starting Time
,
,
... ,. - - - I8-.Holers Fort Myers CC 8:30 Shotgun
_',.:_.c.-~.:?:.: ..-~_1il~ I
9-Holers Whiskey Creek 8:30 Shot~un
MO:Jday June 14 18-Holers Lochmoor CC 8:30 Shotgun
9-Holers El Rio CC 8:30 Shot~un
\1<Jndzy June 21 18-Holers TBA 8:30 Shotgun
9-Holcrs TBA 8:30 Shot~
~~~-:.-:-:-: ~.? ..!::~e 28 18-Holers San Carlos CC 8:30 Shotgun
,- 9-Holers TBA 8:30 Shotgun
Monday July 5 IS-HoJers Punta Gorda CC 8:30 Shotgun
9-Holers TBA 8:30 Shotgun
''v~~0~.-:.2.:'! July 12 18-HoJers The OolfClub at Cape Coral 8:30 Shotgun
9-Holers The Landinu;s 8:30 Shotmm
Monday July 19 18-Holers Shell Point 8:30 Shotgun
9 Hoters Summerlin Ridge 8:30 Shot~un
*Li:r.ited Space **Sign up Early** **MaiJ in applications Only Accepted * *
Ju:y 26-July 30 No.lan Henke/Patty **Mailings only a1Ccepted**
Berg Junior Masters
Invitatio.nal & Pro-Am Dead line Enfurced
Deadline Date: TBA
::V:~:-'-:.2V AU2USt 2 18 Haters & 9 Holers Adult/Junior Pelican Preserve CC
- ~
Friday August 6 A wards Banquet at Pelican Preserve CC
PRIOR REGISTRA nON REQUIRED-NO ADMITTANCE AT THIE DOOR
** Locations arc subject to change. Please check ~'Ww.s\\i'~.~R~C~)~~ffs~'21~~
1ttp://.....,v'Jo.',swfjga,com/toumamentschedule.htm. Page 7 of 14 C If "t '^ "
_.n_ . ,~-- ,
05/14/2004 09:21 FAX 239 193 1104 CYPRESS WOODS GaCC . " raI 001/001
.
. - ,,"-
. ,
:
.
50UttIwest Florida Clubs with Junior Programs
Summer 2003
,
Golden Gate CC Tal Buchanan
Tim Fredeen cypress Woods: G a cc .
4100 Golden Gate Pkwy 352S NorthbroCil<e Dr
Naples; FI 34116 Naples,F1 34119
239.455.1010 . 239.592.7860 :
llburqn (Rick Smith GA) Vineyards CC .
Kathy Padgett: . Tom Metzger . p
2620 Tlburon Dr ,400 Vineyards alvei
Naples R 34109 Naples, FI 34119
239.593.5111 239.353.0505 .
Arrowhead GC Stoneybrooke GC
Mike Oopslaff BnJCe Harwood
2205 Heritage Greens Dr 21251 Stonybrook Golf blvd
Naples, A 34109 Eatero, A 3928
239596.1000 239.948.3933 .
Cedar Hammock Cypress Lake CC
Jeff Thorn Ron Leatherwood
,.se.so_~ Ham{OOCk qr 67.61 WJo (9~r .f?Q~
Naples, FI 34112 R: Myers, R 33919
239.793"1134 239.481.3222 '
Fiddler's Creek Golf &. CC The Naples Beach Hotel & GC
Jeff Raimer. Larry Gantzer
3470 dub Center Blvd 851 Gulfshore BlVd N
Naples, R 34114 Naples, FI 34102
239.732.7332 239.435.2443
Bonita Bay West. Fiddlesticks CC
John Olfin BiI Constantine
26660 Country Oub Dr 15391 Cannongate pr
Bonita Springs, R 34134 Ft Myers, FI 339:112
239.498.2626 239.768.1114
.
Coral Oakes Goff Oub Summerlin RIdge
:'.8T:; NW 28th Ave Dan Lousey
Cape Coral,.R 33~3 16660 Pine RIdge Road
239.573.3100 Ft Myers FI, 33908
2)9.432.0000 Agenda Item No. 10H
May 25, 2004
Page 8 of 14
.
...
. . Florida Junior Tour - Conducted by the Florida State Golf Association. Starts in
,_ =~~:Z=-ch and runs throughout the year with nine events for boys and gjrls ages 13-18. There will
-:e 7';,;0 age divisions, boys 13-15, girls 13-15, boys 16-18 and girls 16~18. ~
The schedule: May 22-23, Grand Cypress, Orlando; June 21-22, Marsh Landing, Ponte
Vedra Beach; July 17-18, FSGA Junior Team Championship; Aug. 2-3, FSGA Junior
Ch.?JDpionship; August TBA, FSGA Junior Match Play Invitational; Sept. 10-11, Bear Lakes,
-.-:-v'est Palm Beach; Oct. 23-24, PGA Golf Club, Port St. Lucie; Nov. 27-28, Disney's Palm
C--:--Jrse, Orlando; Dec. 18-19, Orange County National, Winter Garden; Jan. 22-23, Club at
TwinEagles, Naples. ~
The cost is S95-for each tour event. An FJT membership is $20. Tournaments will consist
c:: 36 holes over two days. Go online to www.floridajuniortour.org. ~
~ Soutll Florida Section Westfield Junior PGA Championship qualifiers-
SatJrday, Fountains Country Club, Lake Worth; Saturday, VanderbiJlt Country Club, Naples;
May 22, Miromar Lakes Beach & Golf Club, Estero; May 30, Rio Mar Country Club. Puerto
RJ.C0; and June 6, Don Shula's Hotel & Golf Club, Miami Lakes. Qualifiers advance to the
s~ci~n championship on June 24-25 at Boca Woods Country Club. Fees are $25 for boys and
~:.::-:5 12-and-Ul1der and $40 for boys and girls 13-17. Call 954-752-9299. ~
. South Florida PGA Junior Tour - Co-presented by Jim McLean Golf Schools and
The Grille Room Club. The Junior Tour schedule: June 11, PGA Golf Club, Port St. Lucie; June
22, Cobblestone Country Club, Palm City; July 1, Wyndemere Country Club, Naples; July 14-
~5, Tbe Club at TwinEagles, Naples; July 20-21, Lago Mar Country 'Club, Plantation; and Aug.
L'-5~ Boca West Country Club, Boca Raton. The entry deadline for the SFPGA Junior Tour has
.-. been extended to May 14. Juniors may enter by going online to www.sflorida.pga.com or by
:alling 954-752-9299.'
. Optimist Junior Golf program - Registration will be on Saturday from 9 a.m. to
~2':'():l at the Naples Golf Center on Davis Blvd. The program is for children ages 8-14. All
cl1ildren must have some knowledge of the Rules of Golf, etiquette and a basic knowledge of
how to play. There will be eight nine-hole tournaments starting on Tuesday mornings starting
on June 15. Players will be broken down by age and flights. The ninth week will be a pro-junior
c-::~~?=,~Je f'::rmat at Bonita Bay Club West. Sponsorships and volunteers are needed. For more
::::o:mation, contact Jim Carruthers at 248-7023. 1
. U.S. Kids Golf South Florida Tour - Remaining dates in Southwest Florida are
Saturday at The Club at TwinEagles, June 5 at Shadow Wood Country Club, and Oct. 9 at
-./",:,-,/- ",.. h I'T
'... Jo_~Ca.;.. ,~
Other dates are: June 17. Weston Hills Country Club; July 8, Don Shula'sHotel & Golf
?...esort, Miami Lakes; Aug. 5, Riviera Country Club, Coral Gables; Aug. 5, Jacaranda Golf
Club, Plantation; Aug. 12, Jacaranda OolfClub, Plantation; Sept. 11, Weston Hills; and Oct. 23,
Don Shula's Hotel & Golf Resort. Contact Joe Vogel at 954-473-6000 or go online to
'oV\I,;w.uskic.sgolf.com. ,
n; =-:,~C:S Play For Free Program - At Cypress Woods Golf & Country Club this
SUlTu"'Iler. The program is presented by the PGA of America and runs each Saturday through
Sept. 25. Each Saturday during that period, from 10 a.m. to 3 p.m., kids under 16 can play for
f-:-ee when riding with a paying adult. Tee times are up to two days in advance. For more
.- i:~tQ::nation, call the golf shop at 592-7860. ~
. . . yasari Junior Clinics - Each Saturday morning until the ~~~~lw\9.1flORr. The
(:lm.:~s wlll run from 10 a.m. to 11 a.m. Juniors age 5 to 17 are eligible to pa.rtiC3pam, ~ is
Page 9 of 14
_._.._~ ._..-....~._-'.~-,--_.~-_.." '-"-"- ---,-~-----
.--<--.--.'"
------..-.' --.. I
I
?2..'J yer ~hild. Contact the Vasarl Golf Shop at 594-3959 to sign up or receive more
--""~~~on ~
.......,.....\ ~...:._<::......J. .'
. '
. West Coast Junior Tour - Age groups are 7-8, 9-10, 11~12, 13-14, 15-16 and 17-
18. The tour's membership fee is $100. Call Kathy Padgett or Tal B~chanan at 597-1761 or
visit www.kathypadgettgolf.com.lI
. Tom Patri Golf Schools After-School Clinic - Boys and girls ages 6-12 and 13-18.
C~~,::1ics for boys and girls 13-18 will be on Wednesdays from 4 to 5:30 p.m., with clinics for
boys and girls 6-12 on Thursdays, also from 4 to 5:30 p.m. Cost for entire month, $135. Call
455-9179. ~
. Rick Smith Golf Academy SuperStar Saturdays - Clinics for ages 7-17 on
I, S~/:,x:-d2.Ys from 3 to 4:30 p.m. The cost is $35 per clinic, with a limit of 20 junior per session
Wi'~1 a minim1.:m of six. Putting and chipping: May 15. Pitching and.full swing: May 22. ~
I . Rick Smith Golf Academy After-School Program - Elementary students, Mondays
! and Wednesdays. Middle-school students, Tuesdays and Thursdays.: Times, 4 to 5:30 p.m. Cost,
S:,50 per month, one day a week; $285 per month, two days per week. Call 593-1111. ~
T :-=-SA of America Link Up 2 Golf Program - at Pelican Preserve Golf Club; Every
~.(cl1day, May 10-June 28, 5-6:30 p.m. or every Wednesday, May 26-July 14,5-6:30 p.m.
Entry, $150 includes eight 90-minute classes, use of rental clubs and range balls. Call Matt
Keller 985-1707. ,
1] LPGA/USGA Girls Golf Club Kickoff Clinic - at Worthington Country Club, Bonita
5:o:-ings. vVednesday, June 2~ 9:45 a.m. For girls 7-17 to learn to play golf. LPGA Tour co-
f'J"_:'1der and Hall-of-Famer Patty Berg of Fort Myers will participate.. Classes in the Fort Myers
division will follow every Wednesday from June 2-July 28 from 9:30 a.m. to noon at area
courses. Divisions of the Girls Golf Club also are held in Cape Coral and Naples. Cost, $80. For
mc:e information, call Jeanne Rubado, Fort Myers division, 267-0153; Rhonda Boutelle, Cape
Coral division, 549-8243; Kathy Padgett, Naples division, 593-1111. ~
II "\VCIIMercedes-Benz of Fort Myers Junior Golf Foundation - Kickoff Klinic, Saturday,
June 5 at Tibur6n Golf Club featuring teaching professional Rick Smith. Registration, 8 a.m.;
K~bjc~ 8:30-noon. Instruction provided by local and WeI golf professionals. Klinic is free of
(:~:~~'ge to all participants. Call 593-1111 or e-mail them at
::-~cksmithgolfacademy@wciconununities.com to register. Tbejunior tour schedule: June 16,
The Colony (18 holes) and Raptor Bay (9 holes); July 7, Pelican Preserve (18 holes)t Gulf
Harbour (9 holes); Aug. 3, Pelican Marsh (18 holes), Tibur6n (9 holes); Tournament of
C:1.c.mpions, Aug. 14, Raptor Bay. ~
~~(k. C~<t- \Tv: T <::uf
SW Hc<.<J~ ~Cf ({kSe4G{iz.,~ 'Z.b/.. J s3~
Agenda Item No.1 OH
May 25, 2004
Page 10 of 14
Page 1 of 1
Larry Gantzer
~- - -':":"! :-!a~rs {!harris@VASARlcc,comJ
-:::',~eolIj"'. Friday, Way 14,200411:29 AM
_....;;.....
To: '..9antzer@naplesbeachhotel.com
SrJ~J':!et: junior golf
LcTV,
:...l::\,; ~~e ~hings ~cin9? I received the email requesting info about any junior golf programs; that are going on this summer. We have
a pretty active schedule for juniors planned.
We are conducting week long junior gotf dintcs at three different times: June 14 - 18. JUlY' 12 - 16, and August 2 - 6. Cost of the
cl:-::cs is S80 per child for the weel< or $20 per day. The clinics run from 9 a.m. to 11 a.m, with lunch and awards on the Friday of
eao:!- sessior,. During the season, we offered Junior Clinics every Saturday from 10 a,m. W 11 a,m.
'lie :~ave a few Junior Golf Tournaments scheduled this summer as well. on June 22nd, tHe Optimist Junior League is playing at
vasari. On July 16th. the Gulf Coast JunIOr Tour is having an event here, I have been in contact with Donald Shea about hosting a
Jur::o' Medalist session here this summer, but we have yet to set a date, In March, during :the season, we hosted a two day Junior
'('E:="~~ 'i?ven~ i:.;n by Tal Buchanan and Kathy Padgett.
Fir3~ 8~otis~ Church Academy plays their home matches here. and their team can practice here after school during the week. We
hostec a few matches for the Gulf Coast High and Pine Ridge Middle girl's teams as well.
Hopefully this information will help. Just so you know. Vasari Country Club offers a Junior Membership and I always encourage
}';-:-"3 ~':J come out to practice and play our course, Ifthere is ever anything I can do to help. don't hesitate to call, Good luck.
tn-: '.-..::.~is
r..ez.d golf professional
_ vasari country club
'2~9) 594 - 3959
I Agenda Item No. 10H
May 25, 2004
5!1 4'/04 Page 11 of 14
~-~------------" _.-.-..
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Page 1 of 1
..
L2;";r Gantzer
.
From: Cory Schaub [CorySchaub@Wcicommunities.coml
Sen:: Friday, May 14,2004 3:00 PM
- ,..' 'U;ant:er@naplesbeachhotel,com'
SL'bject: RE: Jr, Got~ Info Needed
Larry,
'-';---:::-:::<: 3ay ;$ ,",O$~ing a 2 day south Florida Memorial Day classic put on by on Joe Vogel, 90 juniors are signed up to play so
=;;". ';':e 2re then going to host 82 day event in October for the Florida Junior Golf Assoc., Oet 911\ & 101tl approximately 100
j:.:t.:crs. \Ve are going to start having a weekly 1.5 hour junior clinio every Saturday afternoon for juniors which will be open to
anyone. Cost will be around $15 to $20, We are also looking at possibly doing some week long camps this summer open to any
juniors. Cost will be around $150,
HZ770:;'-( Bay along with all \tVC1 golf courses will be participating in the Jr.'s Play Free Summer Promotion.
Let me know if you have any questions.
Take care,
Cory Schaub
Hecc '3::" P!'Ofessiona1
HG~"""e~'< Say Go'l &. Country Club
22.~-3~L._LS! ~
-----Original Message---
Larry Gantzer is looking for any information on Jr Clinics, Jr. Play, Jr. Instruction Of Jr, Tournaments in Corlier County. I.
will be used to help inform Collier County Commissioners about all Jr Activity in Collier. He is tJying to get land for Colli+.
Jr, Golf,
Please forward any information to Larry by Monday, April 17 to Lgantzer@naplesbeachhotel.com or fal( 659-4308.
-:-"ank you for your help.
Agenda Item No, 10H
May 25,2004
5/i 4/04 Page 12 of 14
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GOLF COURSE STUDIES
7/13/82 BCC endorses Collier Golf Authority, Inc. community golf course.
2/14/84 Feasibility study re acquiring the Golden Gate golf course - approved.
5/1/84 Hiring of Revenue Consultants, Inc. to make a study of the County
acquiring the Golden Gate Golf & Country Club, based on the cost
estimate and time frame. Approved 4/0
6/12/84 Budget Amendment for $12,500 for Golden Gate Golf Course feasibility
study - Approved
7/17/84 Golf Course Feasibility Study by Revenue Consultants, Inc. accepted,
Negotiations with Golden Gate Golf Course suspended. Unanimous
8/14/84 Workshop to set date for proposal on public golf course - continued to
8.21.84.
8/21/84 Recommendation regarding workshop date for proposal on public golf
course - withdrawn (4/0)
,
, 3/191/85 Staff directed to investigate the feasibility of a County owned golf course
I
l- and to report back to the BCC. 3/1 - Commissioner Hasse opposed.
5/21/85 Staff directed to investigate leasing or lease purchase of golf course
10/18/88 Recommend BCC not accept proposal for acquisition of Pine Wood Lakes
Country Club and Golf Course in Lakewood. 5/0
10/17/95 Golf course - continue working with Golf Authority with no fmancial
responsibility to County
11/28/95 BCC direst stafIto advertise property for sale for development of golf
course.
7/27/98 Public Petition to discuss surplus property adjacent to current landfill site.
Staff directed to investigate further into said property for a municipal golf
course and bring report back to BCC in 60 days"
11/3/98 Executive Summary to determine if BCC desires to pursue a recreational
type use on property within the County's inventory, but previously
declared as surplus. (adjacent to Landfill). Staff to move forward to issue
RFP for architect for joint use; engineer to be contracted for wetland
'-~'"-'-"""'_~_4_ !':tydy; site plan to be prepared for combined use; and staff to pursue
, 1-'<, I r [\/1_1'
- i r:;O'~~4 11
, I ' Agenda Item No. 10H
I - I
.. _..--.-,~ ,.
f .... " r .. ::-:"7---- r-.---- May 25, 2004
,,",_..:";~~'_-:"'::..., ~.~..-..'~'_.:.=--~ Page 13 of 14
-.--'..- -,._,--~."
.
.
acquisition of additional parcels 312. (These parcels were landlocked
within the county owned property)
. 6/22/99 Golf Course/ Action Sports Park - request for proposal 99-2916 - approve
final ranking 4/0. (J. Roland Lieber, P.A. for Architectural Services for
Design ofa Golf Course Facility.)
9/14/99 Golf Course put on hold - staff to investigate further 4/1 (Land falls
under DCA and may take 18 months to 3+ years to complete assessment)
Staff to explore possibility of acquiring an existing course.
11199 County contacted by Heritage Greens Golf Enterprises to determine if
county had any interest in purchasing Arrowhead Golf Course. A task
force was assembled to research and make a recommendation.
3/31/00 Owners of six golf courses were contacted to determine interest in selling
their property to the County. Two responses - one was a declination of
interest; the other a positive response from Arrowhead Golf Course, After
a study was completed, for numerous reasons, primarily financial, staff
made the recommendation against the purchase of Arrowhead Golf
Course,
-
Agenda Item No. 10H
May 25, 2004
Page 14 of 14
/0 T
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners enter into an
Agreement with Life Choice Pregnancy Resource Center to receive funds
associated with Adoption Awareness license plate revenues.
OBJECTIVE: That the Board of County Commissioners enters into an Agreement with
Life Choice Pregnancy Resource Center to receive funds associated with the Adoption
Awareness license plate revenue program,
CONSIDERATIONS: Florida Statute 320,080587(30) states that a portion of fees
generated from the sale of the "Choose Life" license plates program be reapportioned to
each county so that funds can be distributed amongst qualified non-governmental not-for-
profit agencies whose services involve counseling and meeting the needs of pregnant
women who are committed to placing their children for adoption,
Collier County Government receives these revenues from the sale of the "Choose Life"
license plates in early September each fiscal year. The County received $16,865 in FY
03 and currently has a balance of$41,300 in the Adoption Awareness Fund (170).
In order to distribute those funds, the County issued an RFP on April 11, 2002 seeking a
qualified agency eligible to disburse these funds; however, no qualified agency sought to
act as the disbursement agent. On March 22, 2004 the County again issued an RFP
seeking a qualified agency to disburse these funds and two organizations requested
information on receiving these funds, Subsequently, one of the organizations determined
that they were not interested in receiving the funds leaving one organization-Life
Choice Pregnancy Center, Inc,-who is interested in receipt of the funds,
Life Choice Pregnancy Center, Inc. responded to a questionnaire indicating that they
were eligible to receive the funds for adoption awareness activities and have agreed to
perform the responsibilities according to the specifications ofthe Agreement.
FISCAL IMPACT: A maximum of $10,000 from the Adoption Awareness Fund (170)
will be disbursed to the Life Choice Pregnancy Center in FY 04 and is included in the
current budget. A maximum of $40,000 or the remaining balance October l' 2004 will be
disbursed to the Life Choice Pregnancy Center in FY 05, and the remaining balance in
the fund as of October 1 st for FY 06 and FY 07,
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners approve the
Agreement and authorize the Chairman to sign said agreement.
/(J-r
AGREEMENT
THIS AGREEMENT, made and entered into this day of June, 2004, by
and between the Board of County Commissioners, Collier County, Florida, a
political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY," and Life Choice Pregnancy Resource Center, located at 10611
Tamiami Trail, North, Naples, Florida 34108, hereinafter referred to as the
"APPLICANT." COUNTY and APPLICANT are hereinafter collectively referred to
as "the parties."
WITNESSETH:
WHEREAS, pursuant to Subsection 320.08058(30), Florida Statutes, the
COUNTY is authorized to receive annual use fees derived from the sale of Choose
Life license plates; and
WHEREAS, Subsection 320.08058(30)(b), Florida Statutes, provides that
each county shall distribute the funds to nongovernmental, not-far-profit
agencies within the county, which agencies' services are limited to counseling
and meeting the physical needs of pregnant women who are committed to
placing their children for adoption; and
WHEREAS, APPLICANT is an agency that is eligible to receive the referenced
funds.
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the Parties hereto agree as follows:
SECTION ONE: Terms of APPLICANT.
1. APPLICANT certifies that it is an agency whose services are limited to
counseling and meeting the physical needs of pregnant women who are
committed to placing their children for adoption. APPLICANT further certifies
that its agency is not involved or associated with abortion activities, including
counseling for or referrals to abortion clinics, providing medical abortion-related
procedures, or pro-abortion advertising. In addition, APPLICANT certifies that its
agency does not charge for the services it proVides to women.
2. APPLICANT is applying to COUNTY for funds derived from the sale of
"Choose Life" license plates. APPLICANT agrees to comply with the provisions of
Subsection 320.08058(b), Florida Statutes, and to utilize at least seventy percent
(70%) of the funds for purposes set forth therein as follows:
a. To provide for the material needs of pregnant women who are
committed to placing their children for adoption, including clothing,
housing, medical care, food, utilities, and transportation.
/oJ
b. To provide for the care of infants awaiting placement with adoptive
parents.
e. To provide adoption, counseling, training or advertising.
3. APPLICANT agrees that it will not utilize the funds for administrative
expenses, legal expenses, or capital expenditures.
4. APPLICANT shall maintain all records of expenditures of the funds it
receives from COUNTY.
5. At the end of each fiscal year, APPLICANT shall submit to COUNTY an
annual audit of the referenced funds. This audit is to be conducted by a certified
public accountant in accordance with Subsection 320.08058(30)(b)3, Florida
Statutes.
6. At the end of the fiscal year, any unused funds that exceed ten percent
(10%) shall be returned to COUNTY.
SECTION TWO: Terms of COUNTY.
1. COUNTY shall make disbursements to APPLICANT as follows:
a. Ten Thousand and 00/100 Dollars ($10,000.00) from the period
beginning the date of this Agreement through September 30, 2007.
b. Forty Thousand and 00/100 Dollars ($40,000.00) from October 1, 2004
through September 30, 2005.
e. Twelve Thousand and 00/100 Dollars ($12,000.00) or the balance of the
revenue received from October 1, 2005 through September 30, 2006.
d. Twelve Thousand and 00/100 Dollars ($12,000.00) or the balance of the
revenue received from October 1, 2006 through September 30, 2007.
This schedule is subject to change annually if the number of applicants increase,
or if the annual distribution to COUNTY decreases.
2. Prior to the 2004, 2005 and 2006 disbursements, COUNTY shall review
the annual audit at the end of each fiscal year, and shall notify APPLICANT of
any discrepancy it reveals and give APPLICANT an opportunity to correct such
discrepancy within 60 days of notice. Once COUNTY approves the audit,
COUNTY will forward its annual disbursement to APPLICANT.
2
/OJ
3. COUNTY will maintain all audits received by APPLICANT including all
other communications in accordance with Chapter 119, Florida Statutes, the
Public Records Laws of Florida.
4. COUNTY will withhold the disbursement of the referenced funds if
COUNTY finds that APPLICANT is not in compliance with the provisions of
Subsection 320.08058(30), Florida Statutes, or does not comply with the terms
of this Agreement.
SECTION THREE: Miscellaneous Terms and Conditions.
1. The contacting party representatives shall be as follows:
AS TO COUNTY:
Barry Williams, Director of Human Services
3301 East Tamiami Trail
Health and Public Services Building H, Room 211
Naples, Florida 34112
Telephone Number: 774-8154
E-Mail Address: BarryWilliams@colliergov.net
AS TO APPLICANT:
Carolyn Hoover, Vice Chairman
10611 Tamiami Trail, North
Naples, Florida 34108
Telephone Number: 513-9775
E-Mail Address: LCPRC@prodigy.net
2. This Agreement shall be governed by and constructed under the laws of
the State of Florida. In the event any litigation is instituted by way of
construction or enforcement of this Agreement, each party shall be responsible
for their own court costs and other expenses, including attorney's fees.
3. The term of this Agreement is from June 30, 2004 through September
30, 2007. On or before the expiration date of this Agreement, the COUNTY may
extend this Agreement by mutual agreement of the parties under all of the terms
and conditions contained herein for an additional two (2) years to be determined
by the COUNTY'S Director of Human Services and the Board of Directors of
APPLICANT.
4. The COUNTY or APPLICANT may terminate this Agreement with
reasonable cause or by mutual agreement prior to the expiration of the term of
this Agreement, upon thirty (30) days written notice each to the other. In the
3 /c2L
event of such termination by either party, the COUNTY shall be entitled to
compensation for the remainder of the unexpended portion of funds APPLICANT
receives.
5. Nothing herein contained shall create or be construed as creating a
partnership between COUNTY and APPLICANT or to constitute the APPLICANT as
an agent of the COUNTY.
6. This Agreement contains the entire understanding between the parties
and any modifications to this Agreement shall be mutually agreed upon in writing
by the COUNTY and APPLICANT.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
Witnesses: LIFE CHOICE PREGNANCY RESOURCE CENTER,
By and through its Board of Directors
By:
CAROLYN HOOVER, Vice Chairman
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Robert N. Zachary
Assistant County Attorney
4
/qI
STATE OF FLORIDA )
COUNTY OF COLLIER)
ACKNOWEDGED BEFORE ME this day of , 2004 by
Carolyn Hoover who is known to me to be the Vice Chairman of the Board of
Directors of Life Choice Pregnancy Resource Center, and who ( ) is personally
~ownor( )whopro~ded as identification.
Notary Public
My Commission Expires:
5
/O~
.-
EXECUTIVE SUMMARY
Request to grant final approval of the roadway (private), drainage, water
and s~wer improvements for the final plat of "Isla Vista at Grey Oaks" the
roadway and drainage improvements will be privately maintained, the
sewer improvements will be maintained by Collier County, the potable
water improvements will be maintained by the City of Naples
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Isla Vista at Grey Oaks"
CONSIDERATIONS:
1. On December 19, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and sewer
improvements in "Isla Vista at Grey Oaks".
~
2. The roadway and drainage improvements will be maintained by the
project's homeowners association. The sewer improvements will be
maintained by the County; the water distribution system will be maintained
by the City of Naples.
3. The required improvements have been constructed in accordance with the
Land Development Code. The County Engineering Review Services has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division and Public Utilities Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association. Sewer improvements will be maintained by the
County's Utility Department through their operation and maintenance budget.
- The water improvements will be maintained by the City of Naples.
Agenda Item No. 16A 1
May 25, 2004
Page 1 of 5
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Executive Summary
Isla Vista at Grey Oaks
Page 2
GROWTH MANAGEMENT IMPACT: There is no growth management
impact.
STAFF RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the
roadway, drainage, water and sewer improvements in "Isla Vista at Grey
Oaks" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security,
...~.~-.-
""'",""-
Agenda Item No. 16A 1
May 25, 2004
Page 2 of 5
.---.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
.- Item Number 16A1
Item Summary Request to grant final approval of the roadway (private), drainage, water and
sewer improvements for the final plat of "Isla Vista at Grey Oaks" the roadway
and drainage improvements will be privately maintained, the sewer
improvements will be maintained by Collier County, the potable water
improvements will be maintained by the City of Naples
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
John Houldsworth Senior Engineer
Community Development & Engineering Services
Environmental Services
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 4/30/20041:15 PM
Approved By
Thomas E, Kuck. P.E. CDES Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 4/30/20048:50 AM
,,--.~,
Appro,'ed By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 4/30/20042:09 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/1/200411:36 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/3/2004 10:57 AM
Approved By
James V. Mudd County Manager Date
..
Board of County County Manager's Office
Commissioners 5/3/2004 5;33 PM
_.
Agenda Item No. 16A 1
May 25,2004
Page 3 of 5
.. . ._,
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LOCATION MAP SITE
ISlA VISTA AT GREY OAKS
,_.,
RESOLUTION NO. 04-_
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNfY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN ISLA VISTA
AT GREY OAKS, RELEASE OF THE
MAINTENANCE SECURITY, AND ACCEPT THE
MAINTENANCE RESPONSIBll..ITY FOR THE
ROADWAY, DRAINAGE, AND WATER AND
SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE ISLA
VISTA AT GREY OAKS HOMEOWNERS
ASSOCIATION,
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 12, 2000 approved the plat of Isla Vista at Grey Oaks for recording; and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No, 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No, 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
- drainage, and water and sewer improvements and release of his maintenance security;
and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway, drainage, and water and sewer improvements in Isla
Vista at Grey Oaks, and authorize the Clerk to release the maintenance security,
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Isla Vista at Grey Oaks
homeowners association, The water distribution system will be maintained by the City of
Naples,
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2004.
DATE: BOARD OF COUNTY COMMISSIONERS
A TrEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
DONNA FIALA, CHAIRMAN
Approved as to form and legal
sufficiency:
,,--
Jennifer A, Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A 1
May 25, 2004
Page 5 of 5
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~_.._._--
-
EXECUTIVE SUMMARY
Request to approve for recording the final plat of "Veronawalk Townhomes Phase One",
and approval of the standard form Construction and Maintenance Agreement and approval
of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Veronawalk Townhomes Phase One", a subdivision of
lands located in Section 26, Township 50 South, Range 26 East, Collier County, Florida, following
the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Veronawalk Townhomes Phase One". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All fees
have been paid. Security in the amount of 10% of the total cost of the required improvements, and
100% of the cost of any remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
-- Review Services Director and the County Attorney's office prior to the recording of the final plat.
This would be in conformance with the County Land Development Code - Division 3,2.9.
Engineering Review Section recommends that the final plat of "Veronawalk Townhomes Phase
One" be approved for recording.
FISCAL IMPACT:
The project cost is $1,001,580.01 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $427,498.67
b) Drainage,
Paving, Grading - $574,081.34
The Security amount, equal to 110% of the
project cost, is $1,101,738.01
-
Agenda Item No. 16A2
May 25, 2004
1 of 5
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Executive Summary
.""""~ Veronawalk Townhomes Phase One
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
. Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $31,207.40
Fees are based on a construction estimate of $1,001,580.01 and were paid in
October, 2003.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.!ac)-$ 1,160,00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,206,24
Drainage,
,'.'- Paving, Grading (,75% const. est.) - $ 4,305.61
c) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 9,618.73
d) Drainage, Paving,
Grading (2.25% const.est.) - $12,916.82
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
ENVIRONMENTAL ISSUES: There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological
impacts. If during the course of site clearing, excavation or other construction activity, a
historic or archeological 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.
.,fO"-~
Agenda Item No. 16A2
May 25, 2004
2 of 5
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Executive Summary
Veronawalk Townhomes Phase One
Page 3
STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Veronawalk Townhomes
Phase One" for recording with the following stipulations:
1. Approve the amount of $1,101,738.01 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by
the Engineering Review Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Review
Services Director and the County Attorney's office.
,,,....
...-''''
Agenda Item No, 16A2
May 25, 2004
3 of 5
'k_"_"""""
.'-' COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16A2
Item Summary Request to approve for recording the final plat of "Veronawalk Townhomes
Phase One", and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
John Houldsworth Senior Engineer
Community Development & Engineering Services
Environmental Services
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410;30 AM
Apprond By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20048;14 AM
Appro\'ed By
"~, James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/1712004 5:55 PM
Approved By
Thomas E. Kuck, P.E, CDES Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 5/3/20043:50 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 516/20048;54 AM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/6/20049:09 AM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/612004 1 ;28 PM
-
Agenda Item No. 16A2
May 25, 2004
4 of 5
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LOCATION MAP SITE MAP
VERONAWAL~ PHASE OlE
-\1 {;}
-
EXECUTIVE SUMMARY
Request to approve for recording the final plat of "Veronawalk Townhomes, Phase Two",
and approval of the standard form Construction and Maintenance Agreement and approval
of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Veronawalk Townhomes, Phase Two", a subdivision of
lands located in Section 26, Township 50 South, Range 26 East, Collier County, Florida, following
the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the co nstructi 0 n drawings,
specifications, and final plat of "Veronawalk Townhomes, Phase Two". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All fees
have been paid. Security in the amount of 10% of the total cost of the required improvements, and
100% of the cost of any remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
.-. Review Services Director and the County Attorney's office prior to the recording of the final plat.
This would be in conformance with the County Land Development Code - Division 3,2.9.
This project is a 124 Lot subdivision being developed by Divosta Homes, LP.
Engineering Review Section recommends that the final plat of "Veronawalk Townhomes, Phase
Two" be approved for recording.
FISCAL IMPACT:
The project cost is $873,624.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $364,922.67
b) Drainage,
Paving, Grading - $508,701 .33
The Security amount, equal to 110% of the
project cost, is $ 960,986.40
-
Agenda Item No. 16A3
May 25, 2004
Page 1 of 5
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.. ,~------,-
Executive Summary
Veronawalk Townhomes, Phase Two
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
. Revenue generated by this project:
Total: $27,328.72
Fees are based on a construction estimate of $873,624.00 and were paid in
December, 2003.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1,120.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 2,736.92
Drainage,
,..,-~ Paving, Grading (.75% const. est.) - $ 3,815,26
c) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 8,210.74
d) Drainage, Paving,
Grading (2.25% const. est.) - $11 ,445.80
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
ENVIRONMENTAL ISSUES: There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological
impacts. If during the course of site clearing, excavation or other construction activity, a
historic or archeological 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.
.--"..
Agenda Item No, 16A3
May 25, 2004
Page 2 of 5
""-'-....---..."'
Executive Summary
Veronawalk Townhomes, Phase Two
Page 3
STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Veronawalk
Townhomes, Phase Two" for recording with the following stipulations:
1. Approve the amount of $960,986.40 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by
the Engineering Review Department.
2, Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements
have received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate
Construction and Maintenance Agreement is approved and accepted by the
Engineering Review Services Director and the County Attorney's office.
,.............-
_.
Agenda Item No. 16A3
May 25, 2004
Page 3 of 5
'.._..n_'_'"
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
.-
Item Number 16A3
Item Summary Requesl to approve for recording the final pial of 'Veronawalk Townhomes,
Phase Two", and approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
.John Houldsworth Senior Engineer
Community Development & Engineering Services
Environmental Services
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410:45 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/20048:38 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/20048:53 AM
- Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6/2004 8:54 AM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/6/20048:56 AM
Approved By
Thomas E, Kuck, P.E, CDES Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 5/6120048;14 AM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 516/2004 1 :29 PM
-
Agenda Item No. 16A3
May 25, 2004
Page 4 of 5
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VERONAWAUI TO_5 PHASE TWO
I"'~."":'" ".'.,.-...;;fOl... "f!'. .
.- EXECUTIVE SUMMARY
Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake
Terraces, Phase II, Eagle Creek M2
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities. ,.
CONSIDERATIONS:
1} The Developer of AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2, has
constructed the water and sewer facilities within dedicated easements to serve this
development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 6/25/01. Final acceptance is in accordance with
Ordinance 2001-57, as amended,
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
- 4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory,
6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount
of $2,004.50, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and
sewer facilities will be paid by monthly user revenues,
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment
Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the wat~r and
sewer facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2, and
,- release the UPS to the Project Engineer or the Developer's designated agent.
Agenda Item No. 16A4
May 25,2004
1 of 3
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COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16M
Item Summary Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal
Lake Terraces, Phase II, Eagle Creek M2
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Paul Mattausch Water Director Date
Public Utilities Water 4123/20042:14 PM
Approved By
Joseph B, Cheatham Wastewater Director Date
Public Utilities WasteWater Treatment 4/26/2004 5;02 PM
Approved By
Thomas E. Kuck, P.E. CDES Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 4f27f2004 2:30 PM
Approved By
William D. Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4129/20048:32 AM
-
Approved By
William D. Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4/29f2004 8:32 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410:04 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17f2004 8;45 AM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5f17f2004 5:45 PM
Approved By
Constance A, Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5f4/2004 12;56 PM
Approved By
- Community Development &
Joseph K, Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6f2004 1 :25 PM
AgF!nrl::l ItF!m Nn 1 flA4
May 25,2004
2 of 3
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LOCATION MAP SITE MAP
EAQ..E CREEK
'""",':~", ,
,.,-. EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Ave Maria Interim Facility University
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Ave Maria Interim Facility University, has constructed the water
facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 12/6/00, Final acceptance is in accordance with
Ordinance 2001-57, as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
,,-. Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory,
6) The Utilities Performance Security (UPS), in the form of an Performance Bond No.
8284161 in the amount of $2,012.00, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental. Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Ave Maria Interim Facility University, and release the UPS to the Project
Engineer or the Developer's designated agent.
,,-.
Agenda Item No. 16A5
May 25, 2004
1 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 16A5
Item Summary Final Acceptance of Water and Sewer Utility Facilities for Ave Maria Interim
Facility University (Greenfield Commons)
Meeting Date 5/25/20049:00:00 AM
Approved By
Paul Mattausch Water Director Date
Public Utilities Water 4/29/200410:45 AM
Approved By
Pamela Libby Water Operations Manager Date
Public Utilities Water 4/29/200410:38 AM
Approved By
Thomas E, Kuck, P,E, CDES Engineering Services Director Date
Community Development & CDES Engineering Services 4/29/2004 3:08 PM
Environmental Services
Approved By
William D, Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4/30/20049:37 AM
~- Approved By
William D. Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4/30/20049:37 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410:08 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17120048:48 AM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 511712004 5;48 PM
Approved By
Constance A, Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6/2004 9:43 AM
Approved By
- Joseph K, Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6/2004 1 :26 PM
Agpnrl::l Itpm Nn 1 RAt;
May 25, 2004
2 of 3
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AVA _ NT. FACUTY AT GREEIf'EUl COI94ONS
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- EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Key Royal Villas
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Key Royal Villas, has constructed the water facilities within
dedicated easements to serve this development. See attached location map,
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 3/7/03. Final acceptance is in accordance with
Ordinance 2001-57, as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
......- 5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter
of Credit No. S305431 in the amount of $12,640.69, will be released to the Project
Engineer or the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, - accept the water
facilities for Key Royal Villas, and release the UPS to the Project Engineer or the
Developer's designated agent.
~
Agenda Item No. 16A6
May 25, 2004
1 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-.
Item Number 16A6
Item Summary Final Acceptance Of Water Utility Facilities For Key Royal Villas
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Pamela Libby Water Operations Manager Date
Public Utilities Water 4/29/200410:39 AM
Approved By
Paul Mattausch Water Director Date
Public Utilities Water 4/29/200410;45 AM
Approved By
Thomas E, Kuck, P,E. CDES Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 4/29/20044:36 PM
Approved By
William D, Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4/30/2004 9:36 AM
.-- Approved By
William 0, Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 4/30/20049:36 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410:12 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20048:50 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20045:50 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/5/2004 4:40 PM
Approved By
Joseph K, Schmitt Community Development &
.- Date
Environmental Services Adminstrator
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6/2004 1 :27 PM
^SSA9a Item I>]g, 1 eJ\e
May 25, 2004
2 of 3
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May 25 2004
LOCATION MAP SITE MAP '30f3
KEY ROYAL VLLAS
,
,
_. EXECUTIVE SUMMARY
Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco Sportfishing Club
Reef."
OBJECTIVE: ~.o name an artificial reef following the guidance of the County Policy for
naming a County-owned building, structure, or facility.
CONSIDERATION: The BCC has adopted a policy for naming County-owned buildings,
structures, or facilities which requires a petitioner to obtain the signatures of a minimum of 1000
individuals. The applicant must also include a list of acts upon which the applicant believes
justify the naming. Pursuant to the policy, the Marco Sportfishing Club has obtained the
signatures of 1100 individuals requesting that the Marco Island 9-mile Artificial Reef be named
the "Marco Sportfishing Club Reef." A letter detailing the basis for requesting the naming of the
reef is attached to the executive summary. Upon approval by the BCC to rename this reef,
County staff will use this name in all subsequent reports and literature.
FISCAL IMPACT: There will be no fiscal impact from this item. All name changes in reports
_. and literature will be made during routine updates.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the naming of the 9-rnile artificial reef as the
"Marco Sportfishing Club Reef."
,-..
Agenda Item No. 16A7
May 25, 2004
1 of 4
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COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16A7
Item Summary Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco
Sportfishing Club Reef."
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Doug Suitor Senior Environmental Specialist
Community Development & Environmental Services
Environmental Services
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200410;15 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20048:12 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
_. Commissioners 5/17/20045:52 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/6/2004 4:47 PM
Approved By
William D, Lorenz, Jr" P.E. Environmental Services Director Date
Community Development & Environmental Services
Environmental Services 5/7/2004 9:03 AM
Approved By
Deborah L. Wight Assistant to the County Manager Date
Board of County County Manager's Office
Commissioners 5/7/20043:27 PM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/7/20046:36 AM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
-
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/7/20048:55 PM
Agenda Item No, 16A7
May 25, 2004
2of4
~- -._.-,-- -"-._-,.- ---^..,
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,
Marco Sportfishing Club
P.O, Box 2104
Marco Island, FL 34146
March 4, 2004
Mr. Doug Suitor RECE\VEO
Collier County Environmental Services
2800 North Horseshoe Drive MAR - 5 2004
Naples, FL 34104
Dear Doug: --... - -.-" .",----
--
Enclosed are petitions containing approximately 1,100 signatures requesting that the 9-mile
artificial reef off Marco Island be named the Marco Sportfishing Club Reef.
The reasons for naming this reef as requested are: 1. The club, since its inception in 1989, has
supported the construction of artificial reefs off Collier County. Reef building is a basic
purpose of the club as stated in the bylaws, 2, The club worked with the County to select,
survey and request Federal Permits for the 9-mile and 12-mile.reefsites. 3. The club worked
with the City of Marco to have the Barfield Bridge debris dumped at the 9-mile site, 4. Club
members volunteered their time and their boats to haul "reef balls" out to the 9-mile site. 5,
The club raised over $1,000 and donated it to Collier County for the specific purpose of
adding material to the 9-mile and 12-rnile sites, 6. The club will continue to support reef
building,
Among the petition signers are all the members of the Marco Island City Council and the City
of Marco Island Waterways Committee. Also signing are many members of the Marco Island
Coast Guard Auxiliary, Marco Island Sail and Power Squadron, Marco Island Cruise Club,
Naples Fishing Club, Marco Bay Yacht Club and Marco Island Mariners.
Also enclosed is a September 8, 2003, letter from Nancy Richie, Environmental Specialist for
the City of Marco Island, expressing the City's support of our request.
Doug, we appreciate your offer to guide our request through the Collier County Government
and ask that you do so.
If there are any questions, I can be reached at 239-389-1495.
Sincerely" . . - Ii.. .
\j)l ){(t'- vJ
Ghn Miniutti
Reef Chairman
Agenda Item No. 16A7
May 25, 2004
3of4
.. .-..._.
..
_.~
Monday. September 8, 2003
Mr. John Miniutti, President
Marco Sportsfishing Club
P.O. Box 2104
Marco Island, FL 34146
RE: Marco Sportsfishlng Club Reef naming request
Dear Mr. Miniutti:
Thank you for contacting me with the information regarding the naming request
by the Marco Sportsfishing Club for the 9-Mile Reef situated offshore of Marco
Island. Because of your Club's effort in the past years to sustain the artificial
reef program - donating money, time, resources to the projects - I fully agree and
support your request to re-name the 9-Mile Reef the Marco Sportsfishing Reef.
.~
Enclosed is the petition with signatu res of the City of Marco Island Waterways
Advisory Committee and City staff who support this effort of your Club. If you
any additional information or have any questions, please contact me at (239)
389-5003.
Thank you for your continued support of the artificial reef program.
Sincerely, ,
,(dlo/I~
Nancy J. Richie
Environmental Specialist
Cc: K. Greg Niles. Community Development Director
Vladimir Ryziw, Public Works Director
City of Marco Island Waterways Advisory Committee
.-
Agenda Item No. 16A7
May 25, 2004
40f4
~._- -~.,----. '^<_.n_.__'
,,-
EXECUTIVE SUMMARY
Adoption by the Board of County Commissioners of a resolution approving a Target
Protection Areas outreach mailing strategy for Conservation Collier's second property
selection cycle.
OBJECTIVE: For the Board of County Commissioners (BCe) to adopt a Resolution approving
a Target Protection Areas outreach mailing strategy for the second property selection cycle.
CONSIDERATION: Last year, the BCC adopted Resolution 2003-196 that implemented the
Conservation Collier Land Acquisition Advisory Committee's (CCLAAC) recommendation for
a Target Protection Areas mailing strategy for the 151 property selection cycle of the Conservation
Collier Program. That recommendation included direction to forward subsequent mailing
strategies to the BCC for approval, as the program advances on its goal of mailing to all property
owners within Target Protection Areas. On April 13,2004, the Board of County Commissioners
approved the proposed Target Protection Areas outreach mailing strategy for the second property
selection cycle (attached as Table 1 and Map 1) and directed staff to bring back a formal
resolution to implement this strategy. Approval by resolution of these recommendations by the
Board of County Commissioners will allow staff to move forward with a mailing of interest
,-... letters.
FISCAL IMP ACT: The fiscal impact of developing a Target Protection Areas mailing list with
approximately 750 letters will be approximately $300.
GROWTH MANAGEMENT IMP ACT:
Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3,1 (e) in
the Conservation and Coastal Management Element of the Collier County Growth Management
Plan.
RECOMMENDATION:
That the Board adopt a Resolution approving the Target Protection Areas outreach mailing
strategy for the second property selection cycle in the Conservation Collier Program,
r-
Agenda Item 16A8
I May 25, 2004
1 of 8
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-- Table 1. Identified general areas for 2nd cycle Target Protection Areas mailing strategy
Area Objective Criteria for selection
I Properties in the lmmokalee area where xeric scrub plant 10 acres or less and at least 50%
communities are present vegetated-Urban TPA
10 acres or more and at least 50%
Properties where undeveloped wetlands remain and can serve to vegetated and/or functioning as a
II buffer and expand CREW conservation lands buffer to CREW lands -Sending and
Habitat and Flow way Stewardship
TPA
Properties in the Sabal Bay area where xeric scrub, coastal 10 acres or less and at least 50%
III strand, native beach, high marsh or tidal freshwater marsh plant vegetated - Urban TP A
communities remain
Remaining native plant communities that buffer the Gordon Adjacent to the Gordon River
IV River corridor corridor and at least 50% vegetated
- Urban TPA
- NGGE Unit 53 properties
V Continued acquisition of properties within NGGE Unit 53 NGGE TPA
Undeveloped properties in
Properties that abut and expand conservation target lands across S6 T48 R27 -Sending TPA
VI border with Lee County Sll T48 R26 -Sending TPA
Sl2 T48 R26 - Sending TP A
S6 T46 R28 - Non-TPA
,---
Agenda Item 16A8
2 May 25,2004
2 of 8
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
_.
Item Number 16A8
Item Summary Adoption by the Board of County Commissioners of a resolution approving a
Target Protection Areas outreach mailing strategy for Conservation Collier's
second property selection cycle.
Meeting Date 5/25/2004 9;00:00 AM
Prepared By
Alexandra J. Suleckl Senior Environmental Specialist
Community Development & Environmental Services
Environmental Services
Approved By
Michael Pettit Chief Assistant County Attorney Date
County Manager's Office County Attorney Office 511012004 5:00 PM
Approved By
William D, Lorenz, Jr., P,E. Environmental Services Director Date
Community Development & 5111120048:26 AM
Environmental Services Environmental Services
Approved By
Charles E. Carrington, Jr" SRI Real Estate Services Manager
Date
WA
Administrative Services Facilities Management 5/11/20047:44 AM
Approved By
- Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/11120043:15 PM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Admlnstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5111120048:30 PM
Approved By
Constance A, Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5112/20042:53 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/1612004 10:36 AM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/1712004 8:52 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/1712004 6:01 PM
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Agenda Item 16A8
May 25, 2004
4 of 8
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RESOLUTION NO. 2004- -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLLIER,
FLORIDA, APPROVING A TARGET PROTECTION AREA
MAILING STRATEGY FOR THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM'S SECOND
PROPERTY SELECTION CYCLE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County has recognized the need to plan for future growth and
has initiated a long-term program, known as Conservation Collier, to acquire, protect,
restore and manage environmentally sensitive lands in perpetuity and to provide public
open space for the benefit of present and future generations; and
WHEREAS, Conservation Collier Program includes identification and protection
of Collier County's natural resources, including upland and wetland communities, native
plant communities, endemic species, endangered species habitat, water resources and
aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educational opportunities, protect local water resources,
provide flood control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereinafter
referred to as "Ordinance No. 2002-63") has described Target Protection Areas (TPAs);
and
WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff
will send letters of inquiry to all property owners within these Target Protection Areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) The cost of a simultaneous mailing of letters to all property owners within all
Target Protection Areas will be approximately $40,000, as opposed to $300
for a proposed second cycle mailing to criteria-based properties from
identified Target Protection Areas and other areas that meet program goals
and criteria.
Agenda Item 16A8
May 25, 2004
5 of 8
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(B) The goal for a realistic number of properties for staff to process and for the
CCLAAC to evaluate and rank in creating the second Active Acquisition List
has been determined to be 35.
(C) Using estimated rates of return of positive interest generated by property
owner interest letters, it has been determined that mailing approximately 750
interest letters will result in approximately 15 to 30 parcels for review and
ranking on the Active Acquisition List.
(D) There has been a subcommittee recommendation that was unanimously
approved by the CCLAAC on March 8, 2004, endorsing a strategy for a
mailing outreach effort. This strategy is to modify the broader TP A list into
a more manageable partition of that list, targeting those lands having the
highest environmental value wi thin TPAs and including one area
recommended by Lee County Conservation 20/.20 and endorsed by the
CCLAAC. Additionally, with each successive mailing cycle, appropriate
lands within TP As shall be targeted by means of a criteria-based, equitably
distributed, phased mailing until all undeveloped properties within the TP As
have been sent an inquiry letter or all Conservation Collier funds have been
spent.
(E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an
update to the Target Protection Areas List and selection strategy to the Board
of County Commissioners to fulfill the purposes of the Conservation Collier
- Program.
(F) This Resolution is adopted pursuant to applicable provisions of law,
SECTION ll. Be it also resolved that Collier County Board of County Commissioners
adopt the following Second-cycle Target Protection Areas outreach mailing strategy:
1. Staff shall send approximately 750 interest inquiry letters to owners of
undeveloped properties within the following areas that meet the following
criteria:
Area Objective Criteria for selection
I Properties in the lmmokalee area where xeric 10 acres or less and at least
scrub plant communities are present 50% vegetated -Urban TPA
10 acres or more and at least
Properties where undeveloped wetlands remain 50% vegetated and/or
II and can serve to buffer and expand CREW functioning as a buffer to
conservation lands CREW lands -Sending and
Habitat and Flow way
Stewardship TP A
_.
Agenda Item 16A8
May 25, 2004
6 of 8
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Properties in the Sabal Bay area where xeric 10 acres or less and at least
III scrub, coastal strand, native beach, high marsh 50% vegetated - Urban
or tidal freshwater marsh plant communities
remain TPA
Adjacent to the Gordon
IV Remaining native plant communities that buffer River conidor and at least
the Gordon River conidor 50% vegetated - Urban
TPA
V Continued acquisition of properties within NGGE Unit 53 properties
NGGE Unit 53 NGGE TPA
Undeveloped properties in
S6 T48 R27 -Sending TP A
VI Properties that abut and expand conservation Sll T48 R26 -Sending TPA
target lands across border with Lee County S12 T48 R26 - Sending
TPA
S6 T46 R28 - Non- TPA
2. Using a query to the County's GIS database, the number of parcels and acreage
involved in this interest inquiry letter mail-out using the above criteria and distributed
across TP As is as follows:
Number of Parcels Acreage
1. Urban Area 600 9,500
2. North Golden Gate Estates 40 80
3, Sending 68 1,920
4. FSAlHSAs 92 16,000
5. Other 2 640
Total 802 28,140
3. Subsequent mail outs will include other properties from within TPAs, however, prior
to the mail out, the CCLAAC shall re-evaluate priorities for purchase to focus efforts and
will forward this recommendation to the Board of County Commissioners for its
approval. This cycle shall be repeated until either all undeveloped properties in the TPAs
have been sent an interest inquiry letter or all Conservation Collier funds are spent.
Agenda Item 16A8
May 25, 2004
7of8
,,-^
SECTION DI. Effective Date.
This Resolution adopted and made effective this day of May, 2004, after
motion, second and majority vote favoring same.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
-
By:
Michael W. Pettit
Chief Assistant County Attorney
-
Agenda Item 16A8
May 25, 2004
8 of 8
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EXECUTIVE SUMMARY
- Authorize Environmental Services Staff to submit a grant proposal to the Florida
Department of Environmental Protection (FDEP) for $40,000 worth of contractual
services for &be removal of invasive exotic vegetation within the State Highway 19
and Plantati~.n Road rights of way. I
OBJECTIVE: To have to the Board of County Commissioners authorize the
Environmental Services Department to submit a proposal to the Invasive Upland Plant
Removal Program administered by the FDEP to provide for the removal of invasive
exotic vegetation within the State Highway 29 and Plantation Road rights of way.
CONSIDERATION: FDEP contractors will be hired and paid by FDEP to remove
invasive exotic vegetation from County road rights of way bordering preserve areas in
Big Cypress National Preserve and Everglades National Park. Removal of the exotic
vegetation will benefit threatened and endangered wildlife residing in the preserve areas
as well as aiding in the exotic vegetation removal efforts ofthe cooperating agencies.
FISCAL IMPACT: The total cost of the project is $55,900. Collier County is
.-.-. requesting contractual services valued in the amount of $40,000 from FDEP. No money
will be reimbursed to Collier County. FDEP will hire and pay the contractors for their
work. The County will provide in-kind match valued in the amount of $15,900. County
in-kind services will include staff time and the use of a chipper and truck furnished by the
Transportation Services Division to chip and remove invasive exotic vegetation after
FDEP contractors cut and treat the vegetation. No budget amendments will be necessary,
because no funds will be transferred between agencies.
GROWTH MANAGEMENT IMPACT: The project will support Objective 7.3 of the
Conservation and Coastal Management Element, which requires the County to continue
to implement programs that conserve and protect endangered and threatened wildlife
species.
RECOMMENDATION: Recommend that the Board of County Commissioners
authorize the Environmental Services staff to submit the attached grant proposal to
remove invasive exotic vegetation within the State Highway 29 and Plantation Road
rights of way.
-
Agenda Item No. 16A9
May 25, 2004
1 of 1 0
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
- Item Number 16A9
Item Summary Author~4tl Environmontal Ser'ilces Staff to submit ~i 9rurlt propvsHI to the Flodda
DEJpar:rnE;/~t or Erwir~nrl'lefltal Protection I,FOEF') for $~O,('iQO wmth of
c(ll~tmch;al services for tbe fE:!lTlo'ial o( in'lasl".e I:~x(l:ic \'€~etatiofl wiUlin t~Je
Stale Highway 29 and Plantation Road nght' of way.
Meeting Date 5/25120049:00:(') AM
Pnpared By
Molissa Hennig Environmental Sp4tciali&t
Community Development &
EnvJronme-ntal Services Environmental Services
Appro,'ed By
William D. Lomnz, Jr.. p.e. Environmental Services Director Date
Community Dcvclopmcl1t & Environmental Services 5111120042:51 PM
Environmental Services
Appro,'ed By
Melina Hennig Environmental Specialist Date
Community Development & 5i111200410:52 AM
Environmental Services Environmental Se-rvlce$
Appro,'ed By
Constance A. Johnson Operation" Analyst Date
CommunIty Deve:opment & Community Development & 5112/20044:25 PM
ErwironmentaE Services Elwironmcntal Serviclt's Admin.
Appro,'ed By
Sandra lea ExecuUve Secretary Date
Community Oeve:opment & Community Development & 5/12120044:07 PM
Environmental Services Environmental Scryicp.s Admin.
Appro,'ed By
- Jonn Vliot Roads Mainmnance Superintendant Date
Transportion Servicc-s Road Mair.tenancl! 5/12/200411:23 AM
Appro,'ed By
Manene J. Foard Grants Coordinator Oate
Administratlve SefYiees AdministraU\le Services Admin. 5/121200410:01 AM
Appro,'ed By
Corr-munity Development &
Joseph K. Sehmitt Environmental Services Adminstratcr Date
COlnmunity De'Y'e!opment & Community Development & 5/12/20048:43 PM
Environmental Services Environmental Services Admin.
Appro,'ed By
M3rk Isackson Budget Anal)'st Date
County Mar.nger"5 Office Office of Management & Budget 5117120042:12 PM
Appro,'ed By
Michael Smyko<Nskl Man8gen':enl & Budget Director Date
County Manager's Office Office of Management & Budget SilBJ2004 8:43 AM
Approved By
Jame. V. Mudd County Manager Date
Board of County County Manager'. Office
COlllnlissioners 5118120044:31 PM
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Agenda Item No. 16A9
May 25. 2004
2 at 10
.----., -----------_._--- ----.--.-
State Highway 29 Right of Way
Exotic Removal Project
Working Group
Southwest Florida Invasive Species Working Group
Site Manager
Melissa Hennig
Collier County Environmental Services
2800 North Horseshoe Drive, Suite 212
Naples, FL 34104
Phone: (239) 213-2957
Fax: (239) 213-2960
E-mail: MelissaHennig@colliergov.net
Method of Control
Contractual Services
DEP Contractor
Project Goal
This project will control the invasion of exotic Brazilian pepper within the State Highway
29 right of way that is adjacent to Big Cypress National Preserve and Everglades
National Park.
Agenda Item No, 16A9
May 25, 2004
3 of 1 0
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SCOPE OF WORK
Project Location:
The project site is within the portion of the State Highway 29 Right of Way (ROW) that
extends from the intersection of US 41 south to Chokoloskee and within the Plantation
Road ROW. The ROWs are directly adjacent to Big Cypress National Preserve and
Everglades National Park. See Map 1. The ROW is maintained by Collier County.
Project Description:
The site is a disturbed raised roadbed that cuts through a coastal mangrove marsh.
Brazilian pepper has infested sections of the ROW in varying densities. The ROW is as
wide as 40 feet in some areas. Mangroves and mangrove associates are present just
outside the ROW or, at times, within the ROW. No vegetation is present within the
ROW in Everglades City or Chokoloskee, therefore Brazilian pepper treatment will only
occur within the ROW between the intersection of US 41 to the northern boundary of
Everglades City (2.8 miles), between the southern boundary of Everglades City to the
northern boundary of Chokoloskee (2.5 miles), and within the Plantation Road ROW (1.3
miles). The total length of ROW to be treated is 6.6 miles, however Brazilian pepper is
only present along 4.1 miles of the roadway - a total of approximately 8 acres of
Brazilian pepper. A FDEP contractor will treat the Brazilian pepper
Work Specifications:
- Work performance will consist of furnishing all labor, equipment and supplies (including
herbicide and adjuvants), and performing all operations for controlling exotic plants listed
under the Project Goals in the area defined by the Project Description and further
delineated in the Project Map. Every effort shall be made by the contractor to avoid
damage to native vegetation or wildlife. The contractor is responsible for the control and!
or removal of all exotic plants including mature trees/shrubs, saplings and seedlings.
The contractor will cut and neatly stack the Brazilian pepper in the ROW for a chipping
crew. After stumps are cut with a chainsaw at or below grade, they will be treated with
an appropriate herbicide per label rates. The trees will be cut into pieces that will be
manageable for the chipping crew. Collier County Transportation Department work
crews will then follow the contractor and chip the Brazilian pepper.
Any Brazilian pepper that is positioned behind roadway guardrails shall be treated by the
contractor in place using low volume basal herbicide applications with Garlon 4 herbicide
in JLB Oil Plus Improved (or equivalent vegetable oil carrier). Each treated plant
application will begin at a height not less than 6 times the plant's basal diameter, but not
exceeding 18 inches. Herbicide will be applied according to label rates and requirements
using a low pressure spray to minimize spatter, drift and non-target damage.
Other Requirements and Provisions:
The contractor must abide by all Maintenance of Traffic regulations while performing
work within the ROW.
"-
Agenda Item No. 16A9
May 25, 2004
4 of 1 0
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Project Time Frame:
Work should be accomplished during the dry season of the year - from December 1
through March 31.
Agenda Item No. 16A9
May 25,2004
5 of 1 0
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Funding Infonnation:
The total cost of the project is estimated at $55,900.
The estimated cost of the Collier County work crew, chipper, and truck for 10 work days
is $15,900 (Collier County contribution).
The estimated cost of the FDEP private contractor to cut and treat Brazilian pepper is
$40,000.
Project Title and Site Manager: State Hlehwav 29 Rleht of Way Exotic Removal/ Melissa Hennle
Upland Invasive Exotic Plant Removal
Reimbursement Program *** Budget Justification Form
Conlrutl I In,House I I Federal Employer Idenllflcallon
(FEID) 59'6000558
Comblnetlon (expleln below) I X I
Matching Funds Available [Idenlllv source) Control Dollers
Total Matching
Funds S
#1 Total of In,Klnd
",...-..., Contributions
#2 (see '1 on Budget Worksheet) $15,900
Total Matching Fund Contribution
(see '2 on Budget Worksheet) $
Total In-Kind
Contributions/Matchi ng
Funds for Project $15900
Total DEP Funds Requested $40 000
Total Cost o~1
Project $55,900
Notes/ExDlanatlons
Collier County TransDortatlon Department work crews will follow the FDEP contractor and chiD
the Brazilian pepper that Is cut and treated by the contractor.
-
Agenda Item No. 16A9
May 25, 2004
6 of 1 0
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Project Title and Site Manager: State Highway 29 Right of Way Exotic Removal I Melissa Hennig
Upland Invasive Exotic Plant Removal Reimbursement Program
Budget Worksheet, (include only in,house salaries and materials)
Item
Hourly rate In-Kind DEP Coot
Salaries - (include name/title! include FrinQe Benefits! Hours ContrlbuUono Relmburaementa
5 man WOrK crew ur 4001 $11,400
names not known at this time)
.lIIrv Co.t ;jlII,<WU
Eouiomenlllnclude descrlDllonlsuDOlled Unit Cost Qua nttty
Chipper '"$7,UUU ;:i",DDD
Truck S2,WU 1 S2,OOO
Equipment Coot .....,UUU
Eauiomenllinclude descriotionl, rental Unit Rate HourslDaylWeek
Equip. Rentol Coot
I SUoolieslMaterlals (include descriDllon Unit Cost Quantitv
Herbicide
,uasollne Tor chiDoer ana ruCk :li~O S500
Expendables
SUppli.......t.r..1 COst 'l>')UU
Miscellaneous 'include description! Unit Cost OUantitY
Admin, Costs/overhead (in-kind onlvl non-ellQlble
Travel other control site lin-kind onlyl nolHlIglble
Mlacellln80UII Colt
#1 Total of In-Kind Contributions _$_ 15.900
(enter otl'l on Budget JustKlcotlon form)
#2 Total Cost Relmburseme!:lt_$
(e""'r .t f2 on Budget JustllluUon Form)
Agenda Item No. 16A9
May 25, 2004
7 of 1 0
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PROPOSAL INFORMATION:
Conservation Land Qualification
Both Big Cypress National Preserve and Everglades National Park are listed in the FNAI
Florida Conservation Lands 2001 Report (Jue, et. a1200l),
Ability to Maintain Site After Initial Treatment
The site manager will monitor the site quarterly after initial treatment. The Collier
County Environmental Services Department shall provide any necessary follow up
treatment to the site.
Restoration Plan for Native Plants
Because the site is adjacent to managed preserves with few exotic upland plants present,
no replanting efforts are being planned at this time.
Threatened or Endangered Species or Habitats
Listed wading birds including: the little blue heron (Egretta caerulea), snowy egret
(Egretta thula), reddish egret (Egretta rufescena) and tricolor heron (Egretta tricolor) as
well as other listed species within the adjacent federal preserves will indirectly benefit
from the removal of the Brazilian pepper seed source in the Highway 29 and the
Plantation Road ROWs.
- Public Education Program
There is no plan for a public education program.
,-
Agenda Item No. 16A9
May 25, 2004
8 of 1 0
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Cited Reference
Jue, S., C. Kindell, and J. Wojcik. 2001. Florida Conservation Lands 2001, Florida
Natural Areas Inventory. Tallahassee. Pages B-12 and B-51.
Agenda Item No, 16A9
May 25, 2004
9 of 1 0
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Map 1
State Highway 29 Location Map
~_. . .
FAKAHA TCHEE
~RAND
PRESEINE
~ATE PARK
---------.-.-.-,
!
! BIG CYPRESS NATIONAL PRESERVE
I
!
!
! State Hi ghway 29
\
-....-/ ~ ,-- ~ EK01ic Plant Project Area
---
[~~.J Park Boundaries
~ Shoreline
- .Miles
0 25 50
EVERGLADES NATIONAL PARK
~i_ ,.. .-
, I ~
ro. ~hakolo.kee
1.-. i 'K
I '
_..__oJ
Collier County
N
w+,
s
Oe!lled by: Collier CaoLrlty E n..nronmerlel Ser.ices Dep<ll1menl
GlGrlJfts Admim$lrstian.f"BIPIA/,ApriI20041SR29mxd 421.04
- t./"P iSIlf'IlI'C>lmOlte end shaUd rd be used for c1edsions.
Agenda Item No. 16A9
May 25, 2004
1 0 of 1 0
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EXECUTIVE SUMMARY
Collier County Board of County Commissioners' endorsement of staff's approval of the
application for the Job Creation Investment Program and the Fee Payment Assistance Program
by Sky truck Company, LLC
OBJECTIVE: To receive Board of County Commissioners' endorsement of staffs approval of the
application for the Job Creation Investment Program and the Fee Payment Assistance Program by
Sky truck Company, LLC.
CONSIDERATIONS: On November 18, 20m, the Board of County Commissioner adopted
Ordinance No. 2003-60, which established the Job Creation Investment Program and Ordinance No.
2003-61 that established the Fee Payment Assistance Program. The programs are available to targeted
high-wage companies that desire to relocate or expand within specified areas of Collier County, and
are designed to reduce the economic effects of increased development fees as well as relocation andfor
expansion costs.
The Programs have specific eligibility requirements including the number of full-time jobs to be
created and retained, the average wage of the jobs, timing of the jobs being in place and the type of
business being proposed.
--
On May 13, 2004 Sky truck Company, LLC submitted an application to be considered for the Job
Creation Investment Program and the Fee Payment Assistance Program, The project will bring
aviation service and aviation-related manufacturing to the Immokalee Regional Airport. The Sky truck
Company operation is currently located in Poland and has recently announced its intention to build a
"US-based aircraft completion center. " Additionally, the President of Sky truck Company, LLC, Mr.
Lance Maclean, indicated in his correspondence with the Economic Development Council (attached) "
... There are presently numerous airports situated in South Florida which fulfill our requirements.
However, the incentive package offered by Collier County and the State of Florida has been extremely
influential in our decision to relocate to the Florida Tradeport-Immokalee Airport, "
Sky truck Company LLC proposes to create thirty (30) new jobs within five (5) years in Collier County
at an average wage of $35,000. The company is also proposing a capital investment of $4.5 million.
The above commitments make the company eligible for $90,000 in Collier County Job Creation
Investment Program funds, to be paid in equal payments over three consecutive years following
creation of the jobs.
The estimated impact fees associated with the proposed development total $120,000. Therefore,
Sky truck Company LLC is eligible for Fee Payment Assistance Program funds not to exceed the dollar
amount of the impact fees associated with the project. The final impact fee calculation will be
completed upon application for a building permit for the proposed development. ,
Staff will prepare the Job Creation Investment Program Agreement and a Fee Payment Assistance
-. Agreement, and both will be reviewed by the County Attorney's Office for legal sufficiency. The
approved agreements will be signed by a designee from Sky truck Company LLC and by the County
Manager on behalf of Collier County and will be recorded in the Official i\gfmdildfaroltila. CJmA115l
May 25, 2004
1 of 11
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Skyuuck Company LLC
Page 2
Sky truck Company LLC exceeds all of the Job Creation Investment Program requirements set forth by
Ordinance No. 2003-60 and the Fee Payment Assistance Program requirements set forth by Ordinance
No. 2003- 61 as a Targeted Industry relocating to an Enterprise Community, therefore, approval of this
application will help to promote the creation and retention of high wage jobs in Collier County.
FISCAL IMPACT: The applicant has requested $90,000 of Job Creation Investment incentive funds,
to be paid in equal amounts over three years, which represents thirty new jobs to be in place on or
before September 30, 2009. Following creation of the specified jobs, the Company may submit a
Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year
following the date that the newly created jobs are verified to be in place. General Fund revenue
specifically budgeted for the adopted economic incentives funds the Job Creation Investment Program,
The Financial Administration and Housing Department has responsibility for job verification as well as
monitoring program compliance
The estimated impact fees associated with the proposed development equal approximately $120,000
however, the final dollar amount of impact fees will not be calculated until the Building Permit
application is submitted. Sky truck Company LLC is eligible for Fee Payment Assistance funds in an
amount not to exceed the impact fees due and payable for the proposed development.
--
The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the
issuance of the building permit for the proposed development. Concurrently, a lien will be placed on
the subject property for the dollar amount of the impact fees, which will remain on the property for the
term of the agreement. During the term of the agreement a portion of the tax increment financing funds
associated to the specified property will be returned to the County's General Fund to offset the initial
payment of impact fees. At the conclusion of the agreement, if all requirements are met, the lien will
then be released from the subject property. If at any time during the term of the agreement the non-
County party is not in compliance with the terms and requirements set forth by the agreement, they
may be found in default and subject to default provisions set forth in Ordinance No. 2003-61.
The capital investment related to this project estimated to be $4,500,000. In addition, the creation of
the thirty (30) new jobs generates a potential local payroll of approximately $1,000,000 annually.
GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
RECOMMENDATION: The Board of County Commissioners endorses staff s approval of the
application for the Job Creation Investment Program and the Fee Payment Assistance Program by
Sky truck Company, LLC.
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Agenda Item No. 16A 10
May 25, 2004
2 of 11
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Sky truck Company LLC
Page 3
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Agenda Item No. 16A 10
May 25,2004
3 of 11
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16A 10
Item Summary Collier County Board of County Commissioners' endorsement of staffs approval
of the application for the Job Creation Investment Program and the Fee
Payment Assistance Program by Skytruck Company, LLC
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Amy Patterson Impact Fee Manager
Community Development & Financial Admin, & Housing
Environmental Services
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14/20044:20 PM
Approved By
Community Development &
Joseph K, Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14/20044;27 PM
Approved By
Denton Baker Financial Admin & Housing Director Date
Community Development &
Environmental Services Financial Admin. & Housing 5/17/200410:36 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20044:16 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20048:53 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 5/18/20044:40 PM
Commissioners
Agenda Item No, 16A10
May 25, 2004
4 of 11
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ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY, GOlDEN GATE
IMMOKALEE . MARCO ISLAND
Collier County
Job Creation Investment Program,
Fee Payment Ass/stance Program &
Broadband Application
For
New Businesses
Skvtruck Comoanv. LLC.
Name of Business
- Skvtruck
Project Title (1- 5 word desaiption)
5/1 3/0Y
..
1--- · .. ... .0 E8IIIm CoIiIr COunty I
~ ... ~~-=::::;QmIWy
.-
eo*r County Agend~10
E<: 004
NN'lfS. ef 11
~"._~._.,.
~
-...,.-'" -'--,^..~--
-----
I. Company Infonnation:
, 23~3-4565
Company Name: Skytruck Company, LLC I Phone:
l ----------.- ---------------.-.-.
__ ______.________.__..________________-J
Current Acldress: P,Q. Box 1917. Naples Fax: 239~3-O182 I
--'-- ------- ---.-----.-..--..---... .-.....
Florida \ 34106 i
State: __,______.__.._--1 Zip: __ ___~ Web
Company Contact Lance Maclean I Phone: 23~9-6555 :
.___. --J ---.-----..--...-----------.--------.;
Email Address:Lance@skytruck.com I
------------------------------'
I
2()..()96473S i 336413
Federal Employer Identification Number:____________~ SIClNAlC code: - -- -------,---,-..--.---~
Collier County Occupational License Number. City O.L.': .
_' . (If applicable)-'--" ---------- -- h___ .---,
Minority Owned Business: Yes No XX
If yes, explain
Has the business ever been subjected to criminal or civil fines and penalties?: Yes No XX
If _ _YnlllIin'
II. Project Qualifications: (Responses shoulcl deICribe the propoeed new project)
New CoRier County Business _; Expanding Comer County Business _J
Number of Current 0 : Current Average N/A I percentage of Revenue
Collier Co. Employees _____.___,_____J Wage ______._____,___ Generated Outside of
1 Collier County
Number of New Collier 30 ' NewJobAverage $35,000 I 100%
Co, Jobs resutting from .___._,____ Wage -----~
project
1 .
Total Jobs after Project 30 I Total Average $35,000 I --~
Completed ____.____.__._.....; Wage ___________-1
Indicate date in which all new jobs will be fully impJemented: 3 by 9/30104. 12 by 9130107 and 15 by 9130109
Note: Company is not eligible for program benefits until all jobs are in place within the above designated timeframe,
Agendal.~10
KONCIM 004
Co~T Countv ~.~~0f11
..~. .-..
II. Project Qualifications (Continued)
-
What is your industry segment? Select one, If this project is for a corporate or regional headquarters
Aviation X please list other locations. (Attach list if necessary)
Biomedical Auxiliary office in Mielec, Poland I
I
Infonnation Technology .
Manufacturing I
!
Warehouse/distribution ~
Educational :
______ __._ _,______________._ ___,'_'__ _._----1
CorporateIRegional HQ X
Enterprise Zone
Describe activity or product associated with new location:
Completion of M28 S: Uti~ Aircraft and the creation of product service and distribution center for
maintenance of Polish m an general aircr aft.
~-------_...~-- ..__._-_._._-------------_._~---'
New Construction X Tenant Improvements
Capital Investment Phase I - Airpark Blvd. ,
I
,- j Immolcalee, 34142 !
Leased I Project Street Address: ;
Land: I I
,__,_.._________--l
$3,000,000 i Total Square Feet of 20,000
Building: i Project i
.-------~-- __J ;
._-~ _._--~- -..---- ..--.------.-. ---
Equipment: $1,500,000 !
.
.----------------""
Total Capitallnvesl $4,500,000 i Estimated Impact Fees $120,000.00
I
-----~-~--_. ._~_._-i
Estimated qualifying amount
Local
Incentlv.. 2005 2008 2007 2008 200t 2010 2011 2012 Total
Fee Payment $210,000 $210,000
Job Creation $3,000 $3,000 $3,000 $12,000 $12,000 $27,000 $15,000 $15,000 $90,000
Broadband $8,400 $8,400 $8,200 $25,000
$3,000 $221,400 $11,400 $20,200 $12,000 $27,000 $15,000 $15,000 $325,000
Fee Payment AMlalance Program based on 20,000 square foot building valued at $3,000,000
Job Creation Inveetment Program based on $3,000 per new job created - 3 jobs by 9130104, 12 by 9I3OJ07 and an
additional 15 jobs by 9130/09
Broadband Infratructure Investment Program based on capital expenditure of $25,000, Broadband will be used for
mart<eting M28 Skytruck to the U.S. and International Markets.
- See attached map for legal description of property.
eo1MT Count'V Agend~10
004
NAl'lEU "'0f 11
--- . ~"'-^- . -_.~.. . ,.-.----.--- ~-,----
.-. -. .
111. Project Impact Information:
An estimate of the economic benefits of the jobs created by the project in Collier
County-accounting for the incentive amount, the number of jobs and the average
wage of the jobs created, and the indirect impacts of the project.
This project will bring aviation service and aviation-related manufacturing to the
Immokalee Regional Airport. The project will create 30 new jobs at 115% of the
average county wage, provide an impetus for additional economic development
at the airport and provide revenue to the airport authority through the lease
agreement.
This project will result in the establishment of a company with marketing and
business ties to Europe, Latin and South America. The Foreign Trade Zone will
be activated enhancing the international capacity of the Florida Tradeport -
ImmokaJee.
The creation of 30 new jobs will mean a potential local payroll in excess of
$1,000,000,
Please attach . letter from the company demonstnltlng the impact the
Incentives will provide In the decision of the company to locate in Collier
County. (required)
eo1tf:r Count,v Agend~10
!Co, . 004
tW\f1. . .gf 11
-
Recommendation:
Company Representative: L c.. ^ c.. <2- G. N\ '" c... , e. c... ''\
Title ?C'es.;o.e,,-\-
Phone Number: 2. ~'1 bU.S liS€> S
Signature: ~ ~~ Date: P..~Q.~L 2.~ , 2.oo~
EDC Recommendation: Date: ~ \"3\ ~
-
-
Agenda It
Co~~ County
-- ~............ -- r~Jl,DUClTf ..:;.:...0:'-: G,.o.."1
5 of5 .,.~.M,/II'(r:r;.Wltj
,-_.. ..w".....,. ..~_..-
--.-..-
SKyiRUCK~
May 12, 2004
Collier County Board of Commissioners
Naples, FL
Re: Tradeport Incentives
Dear Mr. Chairman:
Following the announcement of its intent to build a US-based aircraft completion center, Skytruck
Company, LLC has received numerous attractive offers from various airports around the country. One,
which carne from Texas, even included a low rate lease of a preexisting completion center that was recently
vacated. But because our company conducts business in both North and South America, South Florida is
much better suited both geographically demographically, for serving these markets.
There are presently numerous airports situated in South Florida which fulfiJl our requirements. However, the
incentives package offered by Collier Co1D1ty and the State of Florida bas been extremely influential in our
decision to relocate to the Florida Tradeport-Immokalee Airport. Despite the other favorable attributes of
this site, it would have been far less likely that the Tradeport would have been selected had there not been
the economic incentives that were offered.
With the recent approval of our aircraft by the Federal Aviation Administration, we are extremely optimistic
about the future of our business. Not only do we expect it to support the economic growth of the local
community through employment, we also see it as an "anchor business" thereby attracting other related
business into the Tradeport.
Respectfully we request approval for Skytruck Company, LLC's request for the Job Creation Investment
incentive, the Fee Payment Assistance and Broadband incentive programs.
Sincerely,
p(~
Slcytruck Company, LLC
Lance Maclean
President
SkytnJck Company, LLC . PO BOX 1917 . Naples, FL US~D6Ia Item No. 16A 10
Tel. +1 2396434565 . Fax +1 2396430182 . www.skytruck.us May 25, 2004
10 of 11
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EXECUTIVE SUlVlMARY
Request authorization for the County Manager or the Community Development and
Environmental Services (CDES) Division Administrator to accept the Fiscal Year
2003 United States Department of Housing and Urban Development Supportive
Housing Grant Agreement, Project # FL14B30-6002, approving execution of Grant
Sub-recipient agreement (s) and providing for an effective date and approve all
necessary budget amendments.
OBJECTIVE:
The CDES Financial Administration and Housing Department (F AH) is requesting
authorization from the Board of County Commissioners (BCC) to accept the attached FY
2003 United States Department of Housing and Urban Development Supportive Housing
Grant Agreement, Project #FLI4B30-6002, approving execution of Grant Sub-recipient
agreement(s) by the County Manager or the Community Development and
Environmental Services (CDES) Division Administrator. As Lead Agency of the
Continuum of Care, Collier County will pass these funds through to sub-recipients
awarded funding through the United States Department of Housing and Urban
Development (OOD).
- CONSIDERATIONS:
At its May 27, 2003 meeting, the BCC gave approval for the County to become the Lead
Agency applying on behalf of the County's social service agencies for the annual
Continuum of Care (CoC) grant application to HUD and to the State Office on
Homelessness for annual grants for homeless services, which stipulate that the CoC Lead
Agency must be the applicant.
At the June 10, 2003 BCC meeting, the BCC approved the submission of the Collier
County Continuum of Care (CoC) Grant Application to OOD on behalf of the Collier
County Hunger & Homeless Coalition. The cae Grant was conditionally awarded to
Collier County on December 19,2003 and OOD notified Collier County on May 6, 2004
of its final selection for funding of this project.
A total of $155,599 has been awarded for this project. Of that amount, $148,190 will be
passed through 100% to the Collier County Hunger & Homeless Coalition (CCHHC) to
be fully expended by June 30, 2005. The remaining $7,409 is for grant administration of
which $3,704 will be passed to the CCHHC and $3,705 will be retained by Collier
County per HUD guidelines.
_.
Agenda Item No. 16A 11
May 25, 2004
1 of 33
" ... .__".~...,__..,_~_""=,,,,,,,,,......,___.,...,._.._^. "'0'_"'.. ,._~ ----"'"'~,.""."',,,,"_._.,,~ '-'"
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Proiect Soonsor and Title Amount A warded
CCHHC for the Homeless Management
Information System Proiect $148,190
CCHHC for Grant Administration $3,704
Collier County BCC $3.705
TOTAL $155,599
FISCAL IMPACT:
These funds have no effect on ad valorem or general fund dollars. Grant amount of
$151,894 to be passed through the County to the CCHHC and remaining grant amount of
$3,705 to be retained by Collier County for grant administration.
GROWTH MANAGEMENT IMPACT:
These funds are in general compliance with the concept of the County's Growth
Management Plan by promoting the continued expansion of local resources to provide
affordable housing through increasing County residents self-sufficiency.
RECOMMENDATION:
-
The Board of County Commissioners to authorize the County Manager or the
Community Development and Environmental Services CCDES) Division Administrator to
accept the FY 2003 United States Department of Housing and Urban Development
Supportive Housing Grant Agreement. Project #FL14B30-6002~ and approve execution
of Grant Sub-recipient agreementCs) and sign the agreement on behalf of the County and
approve all necessary budget amendments.
-",
Agenda Item No. 16A 11
May 25, 2004
2 of 33
,-.,.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16A11
Item Summary Request authorization for the County Manager or the Community Development
and Environmental Services (CDES) Division Administrator to accept the Fiscal
Year 2003 United States Department of Housing and Urban Development
Supportive Housing Grant Agreement, Project # FL 14B30-6002, approving
execution of Grant Sub-recipient agreement (s) and providing for an effective
date and approve all necessary budget amendments,
Meeting Date 5/2512004 9:00:00 AM
Prepared By
Janeen D. Person Grants Development Coordinator
Community Development &
Environmental Services Financial Admin. & Housing
Approved By
Cormac Giblin Housing Development Manager Date
Community Development & Financial Admin. & Housing 5/12120043:26 PM
Environmental Services
Approved By
Denton Baker Financial Admin & Housing Director Date
Community Development & Financial Admin. & Housing 5/12120045:04 PM
Environmental Services
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/12/20044:35 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5113/2004 3:27 PM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14120049:16 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/2004 3:50 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5118/20048:41 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/18/2004 4: 34 PM
Agenda Item No. 16A 11
May 25, 2004
3 of 33
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;';~r' u.s. Department of Housing and Urban Development r; G ;)J. ~~1:3, ;,., ,i ,', ;::,; .~.t; H
.. I, i
- \* II *; Region IV, Miami Field Office
..... ,j' Brickell Plaza Federal Building
."Dl'lfl.'-O .!"r'~.- 9 ~ l.~'
909 SE First Avenue, Rm. 500 l'" a, ,.......~. 'J " ','I
. ,(~ / i. , .. t' l} ".
~ .'-~ /'~ ; ,4 ,. '1f~4 Miami, FL 33131-3042 f , .~ ':>... ~ . \;
lL J i' ,'i") ~, -,..~; ; " d
~l ~ : I ~ i ,;.', ;1 r-:) r....... (" ',: ..': I
Mr. Tom Henning, Chai.rpe:-son \ '.' .... , " .,-, ,., ......;" I" .,
',.Jf- ,"L,; 'I. ,/-,,\1>
Collier County Board of Ccunty Commissioners . ." ,", ," .' ';-'7'\ ~l;.J
3050 N. Horseshoe Drive, ~:uite 275
Naples, FL. 34140
Dear Mr. Henning:
SlJBJECT: Transmittal of 3rant Agreements
Supportive Housing Program
Project Number: FL14B30-6002
Proj ect Iden tifier Number: FL 14121
Congratulations on the final selection of Dedicated HMIS Proiect under the S'.lpportive
Housing Program. All COJ1liitions attached to your award for this project have been met.
HUD's total fund ohligation for this project is $155.599. allocated as follows:
1. Grant amount for Acquisition $-0-
.-.
2. Grant amount for Rehabilitation $-0-
!
3. Grant amount fcr New Construction $-0-
4. Grant amount f(:r Leasing $-0-
5. Grant amount fcr Supportive Services $ ...:Q:
6. Grant amount fc r Operating Costs $-0-
7. Grant amount fc r HMIS $148.190
8, Grant amount tc.r Administration $7.409
Enclosed are three ::opies of the Grant Agreement that constitutes the agreement between
you and HUD. Please sign all three and return them to this office immediately. When the Grant
Agreements are received, hey will be executed by HUD, and one will be returned to Y01J.
Also ,enclosed are Grantee Financial Instructions in which you will fmd information on
completing the Direct Dep,)sit Form, the Voice Response Access Authorization form, and the
Special Needs Assistance Programs Voucher for Grant Payment, all of which are neces5ary to
receive payments from Hl D.
-
Agenda Item No. 16A 11
www.hud,&ov espanol.hud.&ov May 25,2004
4 of 33
__,'h --"-",^ --_.,--
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You are advised that your grant cannot begin and no funds can be disbursed to you for this
project until the Grant Agreement is fully executed.
111ank you for your commiment to assisting homeless persons. We look forward to working with
you to eliminate homelessness. If you have any questions, please contact Ronald M. Mtscarella.
Senior Community Planning and Development Representative at (305) 536-4431 Ext. 2:120.
Sincerely,
.- /. /
~ / /"
. / . .~ ;~. ?It
, . .'. . {ft' . < .. -~ . /
'~R. Ortiz- 'll~r
Community Planning and
Development Division
Enclosures
i
I
!
Agenda Item No. 16A 11
May 25, 2004
5 of 33
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'.'if' U.~i. Department of Housing and Urban Development
: ~
~* *~ Region W, Miami Field Office
p ~
- \. .f
~""DI""'"O Brickell Aaza Federal Building
909 SE First Avenue, Rm. 500
Miami, FL 33131-3042
20)3 Supportive Housing Grant Agreement - New
This Grant Agreemmt is made by and between the United States Department of Housing
and Urban Development (fUD) and Collier County Board of County Commissioner-I.Collier
County Department of Fbancial Administration and Housin2. 2800 N. Horseshoe ])rive.
Suite 400. Naples. FL. 34104 the Recipient, whose Tax ill number is 59-6000558 for Project
NumberFL14B30-6002 /Ploject Identifier Number FL14121, as described on pages! though 20
of the Application, and as identified below:
Project Name: Dedicated !lMIS Proiect
Project Sponsor: Collier County Department of Financial administration and Housine
Project Location: 3050 N. Horseshoe Drive. Naples. FL. 34140
The assistance which is the subject of this Grant Agreement is authorized by the McKinney-
Vento Homeless Assistancl: Act 42 U.S.C. 11381 (hereafter "the Act"). The term "gran:" or "grant
funds" means the assistano: provided under this Agreement. This grant agreement will":>e governed
.- by the Act, the Supportive Housing role codified at 24 CFR 583, as amended by 68 FR ~j6396 on
September 30, 2003, both <,fwhich are attached hereto and made a part hereof as Attachment A, and
the Notice of Fund Availal:ility (NOFA), published April 25, 2003 at 68 FR 21581. Thf: term
"Application" means the application submission on the basis of which HUD, including the
certifications and assuranCt:s and any information or documentation required to meet an:' grant
award conditions, on the b~LSis of which HUD approved a grant. The Application is incc,rporated
herein as part of this Agreement, however, in the event of a conflict between any part of the
Application and any part ()J~the Grant Agreement, the latter shall control. The Secretary agrees,
subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified
below for the approved project described in the application.
HUD's total fund o",ligation for this project is $155.599.
The Recipient must provide a 25 percent cash match for supportive services pun;uant to
HlID's FY 2.003 Appropriations Act.
The Recipient agre,:s to comply with all requirements of this Grant Agreement and to accept
responsibility for such cOIrpliance by any entities to which it makes grant funds available.
The Recipient agre:s to participate in a local Homeless Management Informatio 1 Systmc
(BMIS) when implemented.
If the Recipient is c. State or other governmental entity required to assume envirconmental
- responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be ir.cWTed
Agenda Item No, 16A11
www.hud.gov espanoJ.hud.gov May 25, 2004
6 of 33
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-..'^-.. -~_.__.'~'-
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before the completion of su;h responsibilities and HUD approval of any required Reque~;t for
Release of Funds.
If, in the applicatioI1, the Recipient indicated that activities in any project will be ;;arried out
in eUl Empowerment Zone, ;Ul Enterprise Community, or an Enhanced Enterprise CommW1ity, as
designated by HUD or the Department of Agriculture, the Recipient agrees to give priority
placement in that project to eligible persons whose last known address was within the designated
EZIEC area or who are homeless persons living on the streets or in shelters within the designated
areas.
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Application, tuUess HUD is otherwise advised in writing. Recipient notifications to HUD shall be
to the HUD Field Office executing the Grant Agreement No change may be made to the project
nor any right, benefit, or ad vantage of the Recipient hereunder be assigned without prior written
approval ofHUD.
For any project nUlcled by this grant which is also financed through the use oftht: Low
In(:ome Housing Tax Credit, the following applies:
HUD recognizes thlt the Recipient or the project sponsor will or has financed tb:s
project through the use of the Low-Income Housing Tax Credit. The Recipient or
project sponsor sha I be the general partner of a limited partnership formed for frat
purpose. If grant ft nds were used for acquisition, rehabilitation or construction,
then, throughout a period of twenty years from the date of initial occupancy or fr.e
initial service pro..; ;ion, the Recipient or project sponsor shall continue as general
partner and shall ensure that the project is operated in accordance with the
requirements ofthi~; Grant Agreement, the applicable regulations and statutes.
Further, the said limited partnership shall own the project site throughout that twenty
year period. If gran: funds were not used for acquisition, rehabilitation or new
consouction, then tle period shall not be twenty years, but shall be for the term (If
the grant agreemen: and any renewal thereof. Failure to comply with the terms )f
this paragraph shall constitute a default under the Grant Agreement.
For any project recdving funds for acquisition, construction or rehabilitation, the
following applies:
The Recipient is recluired to execute and file for record a deed restriction, covemlI1t
running with the land or similar arrangement that will assure to HUD's satisfaction, corrpliance
with the twenty-year term of commitment and a lien against the property, in a form to bf: approved
by HUD, to secure HUD's interest in the repayment of the grant.
If the Recipient an:llor subrecipient wishes to sell or otherwise dispose of the assisted real
property, they must reqLLe~,t and receive written approval from the Department to dispose of the
real property, advertise that disposition conditions apply to the assisted property, and abide by
any other terms or conditions prescribed by HUD in the approval letter.
Agenda Item No. 16A 11
May 25,2004
7 of 33
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For projects involving acquisition, compliance with the recording requirement must be
docwnented before release of any funds other than acquisition funds. For projects inv)lving new
construction or rehabilitation activities, compliance must be documented prior to the f.rst release
of federal funds. Evidence will be an original, executed document, in a form satisfactory to
HUD, accompanied by a rc cording receipt. Upon completion of recordation, Recipier.t will
provide HUD with an original, executed, recorded document.
A default shall consist of any use of grant funds for a purpose other than as authorized by
this Grant Agreement, failu~ in the Recipient's duty to provide the supportive housing for the
minimum telm in accordaut;e with the requirements of the Attachment A provisions,
noncompliance with the Act or Attachment A provisions, any other material breach of the Grant
Agreement, or misrepresclrations in the application submissions which, ifkno\W by HlD, would
have resulted in this grant not being provided. Upon due notice to the Recipient of the o;currence
of .any such default and the provision of a reasonable opportunity to respond, HUD may take one or
more of the following actio ns:
(a) direct the R,~cipient to submit progress schedules for completing approved activities;
or
(b) issue a lette:: of warning advising the Recipient of the default, establishin~ a date by
which corrective actions must be completed and putting the Recipient on notice that
- more serious actions will be taken if the default is not corrected or is repcated; or
(c) direct the R:cipient to establish and maintain a management plan that as~.igns
responsibili ties for carrying out remedial actions; or
Cd) direct the Recipient to suspend, discontinue or not incur costs for the affc; cted
activity; or
(e) reduce or rc capture the grant; or
(f) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to 1 he program; or
(g) continue the: grant with a substitute Recipient ofHUD's choosing; or
(h) other appro priate action including, but not limited to, any remedial actiolllegally
available, SlJch as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions and any other available
remedies,
No delay or omissi,)n by HUD in exercising any right or remedy available to it under this
Grant Agreement shall imI,air any such right or remedy or constitute a waiver or acqui~lcence in
any Recipient default.
-
Agenda Item No. 16A 11
May 25, 2004
8 of 33
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~~'_....." ._.._~_._-'" -..--,..,.
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Recipients of assistance for acquisition, rehabilitation, or new construction shall file a
celtification of continued use for supportive housing for each year of the 20 year period f~om the
date of initial occupancy.
This Grant Agreerru:nt constitutes the entire agreement between the parties heretc" and may
be amended only in writing executed by HUD and the Recipient. The effective date of this Grant
Agreement shall be the date of execution by HUD, except with prior written approval by HUD.
SIGNATURES
Thi:; Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Sf:l:retary of Housing and 'l'rban Development
By:
--
Signature and Date
M~aria R. Ortiz-Hill,
Typed name of signatory
Director,Communitv Planning and Develooment Division
Title
RECIPIENT
Collier County Board of Q)Untv Commissioners
Name of Organization
By:
--
Authorized Signature and Date
Typed name of signato)'
--
Title
Agenda Item No. 16A 11
May 25, 2004
9 of 33
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ATTACHMENT A
[Code of Federal Regulations]
[Title 24, Volume 3, Pi3 1:s 500 to 699]
[Revised as of April 1, :~OOO]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR583.1]
[Page 2.54] .
TITLE 24--HOUSING Arm URBAN DEVELOPMENT
SECRETARY FOR COMI'IUNIlY PLANNING AND DEVELOPMENT, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
PART 583--SUPPORTIVE HOUSING PROGRAM--Table of Contents
Subpart Ao-General
Sec. 583.1 Purpose and scope.
(a) General. The Supportive Housing Program is authorized by title
IV of the Stewart B. "'I:Kinney Homeless Assistance Act (the McKinney Act)
(42 U.S.C. 11381-113H9). The Supportive Housing program is designed to
promote the development of supportive housing and supportive services,
includin9 innovative approaches to assist homeless persons in the
.- transition from homele ssness, and to promote the provision of supportive
housing to homeless persons to enable them to live as independently as
I possible.
(b) Components. Funds under this part may be used for:
1. Transitional housing to facilitate the movement of homeless
individu.3ls and families to permanent housing;
2. Permanl~nt housing that provides long-term housing for
homele~;s persons with disabilities;
3. Housing that is, or is part of, a particularly innovative project
for, or 21ternative methods of, meeting the immediate and
long-term needs of homeless persons; or
4. Supportive services for homeless persons not provided in
conjunction with supportive housing.
[58 FR 13871, Mar. 1!;, 1993, as amended at 61 FR 51175, Sept. 30, 1996]
-
Sec. 5B3.S Definitl Dns.
As used in this part:
Applicant is defined ir: section 422(1) of the McKinney Act (42 U,S.C. 11382(1)), For
purposes of this defin tion, governmental entities include those that have general
-- governmental powers (such as a city or county), as well as those that have Iim,ted or
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special powers (such as public housing agencies). Consolidated plan means thE: plan
that a jurisdiction prepares and submits to HUD in accordance with 24 CFR par:
91.Date of initial occupancy means the date that the supportive housing is initially
occupied by a homelt!ss person for whom HUD provides assistance under this ~Iart. If
the assistance is for an existing homeless fadlity, the date of initial occupancy is the
date that services an! first provided to the residents of supportive housing wit~
funding under this flc rt.Date of initial service provision means the date that
supportive services are initially provided with funds under this part to homeles~;
persons who do not reside in supportive housing, This definition applies only to
projects funded under this part that do not provide supportive housing. Disability is
defined in section 42 ~(2) of the McKinney Act (42
U.s.e. 11382(2)), He meless person means an individual or family that is described in
section 103 of the McKinney Act (42 U.S.e. 11302). Metropolitan city is defined in
section 102(a)( 4) of ':he Housing and Community Development Act of 1974 (4~~
U.s.e. 5302(a)(4)), ln general, metropolitan cities are those cities that are elif ible
for an entitlement gr,mt under 24 CFR part 570, subpart D, New construction r1eans
the building of a stru,:ture where none existed or an addition to an existing structure
that increases the floJr area by more than 100 percent. Operating costs is defined in
section 422(5) of the McKinney Act (42 U,S.e. 11382(5)). Outpatient health services
is defired in section ~~22(6) of the McKinney Act (42 U.S.e. 11382(6)). Permanent
housing for homeless persons with disabilities is defined
in section 424(c) of t,e McKinney Act (42 U,S.e. 11384(c}). Private nonprofit
organization is defined in section 422(7) (A), (6), and (D) of the McKinney Act (42
U,S.e. 11382(7) (A), (6), and (0)), The organization must also have a functior ing
accounting system that is operated in accordance with generally accepted accounting ......(
principles, or designate an entity that will maintain a functioning accounting sy:;tem . ~.' .." '.
for the organization i, accordance with generally accepted accounting principles.
Project is defined in ~ections 422(8) and 424(d) of the McKinney Act
(42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422(9) of the
McKinney Act (42 LJ5.C. 11382(9)).
I Rehabi!itation means the improvement or repair of an existing structure or an
I addition to an existin;J structure that does not increase the Ooor area by more ::han
100 percent. Rehabilitation does not include minor or routine repairs. State is clefined
I in section 422(11) of the McKinney Act (42 U.S.e. 11382(1l)}.
Supportive housing i~; defined in section 424(a) of the McKinney Act (42 U.S.e.
11384{a)). Supportive services is defined in section 425 of the McKinney Act
(42 U.S.e. 11385). T-ansitional housing is defined in section 424(b} of the McKinney
Act (42 U.S.e. 11384(b)). See also Sec. 583,300(j). Tribe is defined in section 102 of
the Housing and CarT munity Development Act of 1974 (42 U,S.e. 5302). Urban
county is defined in section 102(a}(6) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302(a)(6)). In general, urban counties are those counl:ies
that are eligible for a 1 entitlement grant under 24 CFR part 570, subpart D,
[61 FR51175, Sept. 30,1996]
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[Code of Federal Regulations}
[Title 24, Volume 3, Parts 50) to 699]
{Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CfR583.l00]
TITLE 24--HOUSING AND URBAN DEVELOPMENT.
.
SECRET ARY FOR COMMJNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF
HOUSING AND URBANCEVELOPMENT
PART 583-SUPPORTIVE HOUSING PROGRAM-Table of Contents
Subpart B-Asslstance Proilded
Sec. 583,100 Types and usn of assistance.
(a) Grant assistance. Assi.,ta lce in the form of grants is available for acquisition of structures, rehabilitation
of structurel;, acquisition and rehabilitation of structures, new construction, leasing, operating costs for
supportive housing, and 5upJortive services, as described in Sees. 583.105 through 583.125. Applicants
may apply for more than on,: type of assistance.
(b) Uses of grant assistance. Grant assistance may be used to:
l. Establish new SUpfortive housing facilities or new facilities to provide supportive services;
2. Expand cxisting fa :i1itics in order to increase thc number of homcless persons served;
"-
3. Bring cxisting fad ities up to a levcl that meets State and local government health and safet y
standards;
4. Provide additiona.l supportive services for residents of supportive housing or for homeless f-<:rsons
TIOt residing in supportive housing;
5. Purchase HUD.owned single family properties currently leased by the applicant for use as a
hc,meless facility lnder 24 CFR part 291; and
6. Continue funding mpportive housing where the recipient has received funding under this part for
leasing, supportivl: services, or operating costs.
(c) Structures used for mul: iple purposes. Structures used to provide supportive housing or supporti'/e
services may also be used tor other purposes, except that assistance under this part will be available only in
proportion to the use of the structure for supportive housing or supportive services.
(d) TeclUlical assistance. HUD may offer technical assistance, as described in Sec. 583.140,
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994]
Sec. 583.105 Grants for acquisition and rehabilitation.
(a) Use. HUD will grant nlnds to recipients to:
I. Pay a portion of Ihe cost of the acquisition of real property selected by the recipients for u;e in the
provision of 5up~ortive housing or supportive services, including the repayment of any
outstanding debt In a loan made to purchase property that has not been used previously iU.
-- supportive housing or for supportive services;
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2. Pay a portion of Ibe cost of rehabilitation of structures,
including cost-eiTee tive energy measures, selected by the recipients to
provide supportive :'lousing or supportive services; or
3. Pay a portion of the cost of acquisition and rehabilitation of
structures, as described in paragraphs (a)(1) and (2) ofthis section.
(b) Amount. The maximum ~nt available for acquisition,
rehabilitat~on, or acquisition and rehabilitation is the lower of:
\. $200,000; or
2. lhe total cost orthl: acquisition, rehabilitation, or acquisition and rehabilitation minus the
applicant's contribution toward the cost.
(c) Incre~ed amounts. In af1:as detennined by HUD to have high acquisition and rehabilitation costs, grants
of more than $200,000, bOlt not more than $400,000, may be available.
Sec. 583.] 1 {I Grants for ne r'I construction.
(a) Use. HUD will grant fun:is to recipients to pay a portion of the cost of new construction, including cost-
effective en~rgy measures and the cost of land associated with that construction, for use in the provison of
supportive housing. If the gIant funds are used for new construction, the applicant must demonstrate :hat
the costs as~iociated with nl:'v construction are substantially less than the costs associated with rehabi itation
or that there is a lack of avai lable appropriate units that could be rehabilitated at a cost less than new
construction. For purposes ( f this cost comparison, costs associated with rehabilitation or new construction
may include the cost of real property acquisition.
(b) Amount. The maxim\:nl grant available for new construction is the lower of: . . ;o~
.
1. S4DO,000; or
2. The total cost of th: new construction, including the cost of
land associated with that construction, minus the applicant's
contribution towa(11 the cost of same.
Sec. 583.115 Grants for I~asing
(a) General. HUD will provide grants to pay (as described in Sec. 583.130 of this part) for the actual costs
ofleasing a structure or structures, or portions thereof, used to provide supportive housing or supporive
services f,Jf up to five years.
(b)
1. Leasing structures. Where grants are used to pay rent for all or part of structures, the rent p, id
must be reasonabh: in relation to rents being charged in the area for comparable space. In addition,
thl: rent paid may lIot exceed rents currently being charged by the same owner for comparahle
!opace.
2. Leasing individual units. Where grants are used to pay rent for individual housing units, the rent
paid must be reascnable in relation to rents being charged for comparable units, taking into
account the locatic", size, type, quality, amenities, facilities, and management services. In
addition, the rents may not exceed rents currently being charged by the same owner for
t;cmparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-
detennined fair market rents. Recipients may use grant funds in an amount up to one montt.'s rent
10 pay the non-rec pient landlord for any damages to leased units by homeless participants.
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[58 FR 13871, Mar. IS, 1993, as amended at 59 FR 36891, July 19,1994]
See. 583.120 Grants for supportive scrvices costs,
,:a) General. BUD will provid= grants to pay (as described in Sec. 583.130 of this part) for the actual C1)sts
.Jf supportive services for homeless persons for up to five years. All or part of the supportive services may
be provided directly by the re;:ipient or by arrangement with public or private service providers.
(b) Supportive services costs. Costs associated with providing supportive services include salaries paid to
providers of :;upportive servi, es and any other costs directly associated with providing such services. For a
transitional housing project, supportive services costs also include the costs of services provided to fOlmer
residents of transitional housing to assist their adjustment to independent living. Such services may be
provided fc.r up to six montl\!. after they leave the transitional housing facility.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994}
Sec. 583.125 Grants for olwrating costs.
(a) Genernl. HUD will prov ide grants to pay a portion (as described in Sec. 583,130) of the actual
operating tosts of supportive housing for up to five years.
(b) Operating costs. OpemtlOg costs are those associated with the day-to-day operation of the suppa 'tive
housing. They also include tle actual expenses that a recipient incurs for conducting on-going assessments
of the suppcrtive services needed by residents and the availability of such services; relocation assistance
under Sec, 583.310, includir g payments and services; and insurance,
-- (c) Recipient share of operating costs. Assistance for operating costs will be initially available for up to
75 percent of the total cost f)r two years and up to 50 percent of the total cost for the next three yea~. The
recipient must pay the percentage of the actual operating costs not funded by HUD, At the end oreach
operating year, the recipient must demonstrate that it has met its share of the costs for that year.
[58 FR 13871. Mar, 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996]
Sec. 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs.
Upon execution of a grant < greement covering assistance for leasing. supportive services, or operating
costs, HUD will obligate i1nounts for a period not to exceed five operating years. The total amount
obligated will be equal to a 1 amount necessary for the specified years of operation, less the recipien1's share
of operati n g costs,
(Approved by the Office 01' Management and Budget under OMB control number 2506-0112)
[59 FR 36891, July 19, 19~'4]
Sec. 583.135 Administrative costs.
(a) General. Up to five pe 'cent of any grant awarded under this part may be used for the purpose 0' paying
costs of administering the iSsistance.
(b) Administrative costs. Administrative costs include the costs associated with accounting for the use of
grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs relat:d to
administering the grant after the award, and staff salaries associated with these administrative costs. They
".-.~ do not include the costs of carrying out eligible activities under Secs. 583.105 through 583.125,
[58 FR 13871, Mar. 15, 1~193, as amended at 61 FR 51175, Sept. 30, 1996}
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Sec. 583.140 Technical Asdstance
(a) General. HUD may set lside funds annually to provide technical assistance, either directly by HUD
staff or indirectly through ct ird-party providers, for any supportive housing project. This technical
assistance i:i for the purpose of promoting the development of supportive housing and supportive se["'/ices
as part of a continuum of care approach, including innovative approaches to assist homeless persons :n the
transition from homelessncss, and promoting the provision of supportive housing to homeless persons to
enable them to live as indep:ndently as possible.
(b) Uses of Technical Assistance. HUD may use these funds to provide technical assistance to prosrective
applicants, applicants, recip ents, or other providers of supportive housing or services for homeless p~rsons,
for sUPPOltive housing proj( cts. The assistance may include, but is not limited to, written information such
as papers, monographs, mar uals, guides, and brochures; person-to-person exchanges; and training ard
related co,ts.
(c) Selection of Providers. From time to time, as HUD deternlines the need, HUD may advertise and
competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, nr
cooperative agreements, when necessary, to implement the technical assistance.
[59 FR 36892, July 19, 199.1]
Sec. 583.145 Matching requirements.
(a) General. The recipient nust match the funds provided by HUD for grants for acquisition, rehabilitation,
and new construction with an equal amount of funds from other sources.
(b) Cash resources. The matching funds must be cash resources provided to the project by one or m,)re of
the following: the recipient, the Federal government, State and local governments, and private resources.
(c) Maintenance of effort. State or local government funds used in the matching contribution are su;)ject to .
the maintenance of effort re ~uirements described at Sec. 583.150(a).
Sec. 583.150 Limitations on use of assistance.
(a) Maint(:nance of effort. f'o assistance provided under this part (or any State or local government fimds
I used to sup?lement this assistance) may be used to replace State or local funds previously used, or
designated for use, to assist homeless persons.
(b) Primarily religious organizations--
I. Provision of assistance.
(i) HUD ,.ill provide assistance to a recipient that is a primarily religious
organization if the organization agrees to provide housing and supportive
services ill a manner that is free from religious influences and in accordance
with the f)lIowing principles:
(A) It will not discriminate against any employee or applicant
lor employment on the basis of religion and will not limit
(mployment or give preference in employment 10 persons on
tle basis of religion;
(8) It will not discriminate against any person applying for
tousing or supportive services on the basis of religion and will
(;ot limit such housing or services or give preference to
persons On the basis of religion;
(C) It will provide no religious instruction or counseling,
(onduct no religious worship or services, engage in no
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rei igious proselytizing, and e~ert no other religious influence
ill :he provision of housing and supportive services.
(ii) HUD will provide assistance to a recipient that is a primarily religious
organizatil)ll if the assistance will not be used by the organization to construct a
structure, 31:quire a structure or to
rehabilitate a structure owned by the organization, cltcept as described in
; paragraph (e)(2) of this section.
2. Rehabilitation of strJctures owned by a primarily religious organization, Rehabilitation grant. may
be used to rehabilitate a structure owned by a primarily religious organization, iflhe following
conditions are met:
(i) The structure (or portion of the structure) that is to be rehabilitated with HUD
assistant:e has been leased to a recipient that is an ex.isting or newly established
wholly see lIar organization (which may be established by the primarily
religio\L'i o.ganization under the provisions of paragraph (c)(3) of this section);
(ii) The HUD assistance is provided to the wholly secular organization (and not
the primarily religious organization) to make the improvements;
(iii) The lelsed structure will be used eltcIusively for secular purposes available
to all perS(.ns regardless of religion;
(iv) The lelse payments paid to the primarily religious organization do not
exceed the fair market reDt ofthe structure before the rehabilitation was done;
(v) The portion ofthe cost of any improvements that benefit any unleased
portioD of the structure will be allocated to, and paid for by, the primarily
religious crganization;
- (vi) The ;dmarily religious organization agrees that, if the recipient does not
retain the 'lSC of the leased premises for wholly secular purposes for the useful
life of the improvements, the primarily religious organization will pay an
amount ecual to the residual value of the improvements to the secular
organiza~i >n, and the secular organization will remit the amount to HUD.
3. Assistance to a wh,)lly secular private nonprofit organization established by a primarily reli:~ious
organization.
(i) A pritT arily religious organization may establish a wholly secular private
nonprofit Drganization to serve as a recipient. The wholly secular organization
may be eligible to receive other fonos of assistance available under this part.
<A) The wholly secular organization must agree to provide
housing and supportive services in a manner that is free from
leligious influences and in accordance with the principles set
lorth in paragraph (c)( l)(i) ofthis section.
I B) The wholly secular organization may enter into a contract
'.vith the primarily religious organization to operate the
;.upportive housing or to provide supportive services for the
'esidents. In such a case, the primarily religious organization
nust agree in the contract to carry out its contractual ..
:esponsibilities in a manner free from religious influences and
tn accDrdance with the principles set forth in paragraph
~c)(I)(i) of this section,
(C) The rehabilitation grants are subject to the requirements of
paragraph (c)(2) ofthis section.
(ii) HUe will not require the primarily religious organization to establish the
,...-. wholly s.:cular organization before the selection of its application. In such a
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case, th~ primarily religious organization may apply on behal f of the wholly
secular o:ganization. The application will be reviewed on the basis of the
primaril) religious organization's financial responsibility and capacity, and its
commitn.ent to provide appropriate resources to the wholly secular organization
after forr\ation. The requirement with regard to site cO:ltrol, described in Sec.
583.320, may be satisfied if the primarily religious organization demonstrates
site control and a commitment to transfer control of the. site to the wholly secular
organization after its formation. If such an application is selected for funding,
the oblig.ttion of funds will be conditioned upon the establishment of a wholly
secular o-ganization that meets the definition of private nonprofit organization in
Sec. 583.5.
(c) Participant control of sie. Where an applicant does not propose to have control of a site or sites hut
rather proposes to assist a t omeless family or individual in obtaining a lease, which may include assistance
with rent payments and rec:iving supportive services, after which time the family or individual remains in
the same housing without fJrther assistance under this part, that applicant may not request assistance: for
acquisition, rehabilitation. ,>r new construction.
[58 FR 13871, Mar. 15, 19')3, as amended at 59 FR 36892,1uly 19, 1993]
Sec. 583.155 Consolidatec. plan.
(a) Applicants that are Statc:s or units of general local government. The applicant must have a HUD-
approved complete or abbr,:viated consolidated plan, in accordance with 24 CFR part 91, and must ~ ubmit
a certification that the appl'cation for funding is consistent with the HUD-approved consolidated pl2n.
Funded applicants must cCltify in a grant agreement that they are following the HUD-approved
consolidllt.:d plan.
(b) Applicants that are not ,tates or units of general local government. The applicant must submit a
certification by thejurisdic:ion in which the proposed project will be located that the applicant's application
for funding is consistent wi th the jurisdiction's HUD-approved consolidated plan. The certification nust be
made by the unit of genera' local government or the State, in accordance with the consistency certification
provisions of the consolida:ed plan regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the IIl~ ular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the
Northern Mariana Islands. fhese entities are not required to have a consolidated plan or to make
consolidat.:d plan certific<ltlons. An application by an Indian tribe or other applicant for a project thet will
be located on a reservation of an Indian tribe wi1l not require a certification by the tribe or the State.
However, where an Indian tribe is the applicant for a project that will not be located on a reservatior, the
requirement for a certificat on under paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOF A, 1he
required certification that the application for funding is consistent with the HUD-approved consolidated
plan must be submitted by the funding application submission deadline announced in the NOFA.
[60 FR 16380, Mar. 30, 19)5]
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[Code of Federal Regu13tions)
[Title 24, Volume 3, Parts 500 to 699]
(Revised as of April 1., 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFRS83.200)
TITLE 24--HOUSING A:\ID URBAN DEVELOPMENT
SECRETARY FOR COMHUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
PART 583--SUPPORTI\'E HOUSING PROGRAM-- Table of Contents
Subpart (i.-Application and Grant Award Process
Sec. 583.200 Applll:atlon and grant award.
When fu nds are made available for assistance, HUD will publish a notice of fund .ng
availability (NOFA) in :he Federal Register, in accordance with the requirements of
24 CFR part 4. HUD will review and screen applications in accordance with the
requirements in secticn 426 of the McKinney Act (42 U.S.C. 11386) and the
guidelines, rating critE:ria, and procedures published in the NOFA.
[61 FR S1176, Sept. ;,0, 1996]
-' Sec. 583.230 Environmental review.
(a) Generally. Project selection is subject to completion of an environmental review
of the proposed site,:md the project may be modified or the site rejected as a -esult
of that review. The erlvironmental effects must be assessed in accordance with the
provisions of the Nati :mal Environmental Policy Act of 1969 (42 U.s.c. 4320) (tJEPA)
and the related environmental laws and authorities listed in HUD's implementing
regulations at 24 CFR part SO or 58, depending on who is responsible for
environmental review.
(b) Environmental re'fiew by HUD. HUD will perform an environmental review, in
accordance with part SO of this title, before approval of conditionally selected
applications received directly from private nonprofit organizations and governmental
entities with special or limited purpose powers. Any application subject to
environmental review by HUD that requires an Environmental Impact Statement
(EIS) in accordance with the procedures in 24 CFR part 50, subpart E, will not be
eligible for assistance under this part.
(c) Environmental re..iew by applicants. Applicants that are States, metropolit'ln
cities, urban countie~;, tribes, or other governmental entities with general purpose
powers must aSSUrT1E: responsibility for environmental review, decision making, and
action for each application for assistance in accordance with part 58 of this tit"~.
These applicants mU:it include in their applications an assurance that they will
assume all the environmental review responsibility that would otherwise be
performed by HUD as the responsible Federal official under NEPA and related
authorities listed in ;:4 CFR part 58. The grant award is subject to completion of the
environmental responsibilities set out in 24 CFR part 58 within a reasonable time
period after notification of the award. Applicants may, however, enclose an
environmental certif cation and Request for Release of Funds with their applicCltions.
,-
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[61 FR 51176, Sept. 30,1996]
Sec. 583.235 Ren"wal grants.
(a) General.Grants made under this part, and grants made under subtitles C .:md D ;
(the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B.
McKinney Homeless Jlssistance Act as in effect before October 28, 1992, may te
renewed on a nonco"'petitive basis to continue ongoing leasing, operations, and
supportive services for additional years beyond the initial funding period. To be
considered for renew 31 funding for leasing, operating costs, or supportive servi :es,
recipients must subrr it a request for such funding in the form specified by HUD, must
meet the requirements of this part, and must submit requests within the time period
established by HUD.
(b) Assistance available:rhe first renewal will be for a period of time not to
exceed the difference between the end of the initial funding period and ten years
from the date of initial occupancy or the date of initial service provision, as
applicable. Any subsE~quent renewal will be for a period of time not to exceed five
years. Assistance during each year of the renewal period, subject to maintenarce of
effort requirements under Sec. 583.150(a) may be for:
1. Up to 50 perCI~nt of the actual operating and leasing costs in the final YElar of
the initial funcling period;
2. lip to the amc'unt of HUD assistance for supportive services in the final year . "
of the initial funding period; and . ...'....
3, An allowance for cost increases.
(c) HUD review.
1. HUD will review the request for renewal and will evaluate the recipient'~;
performance in previous years against the plans and goals established in the
initial application for assistance, as amended. HUO will approve the reqlJest
for renewal unless the recipient proposes to serve a population that is rot
,homeless, or :he recipient has not shown adequate progress as evidenced by
an unacceptably slow expenditure of funds, or the recipient has been
unsuccessful in assisting participants in achieving and maintaining
independent I ving. In determining the recipient's success in assisting
participants to achieve and maintain independent living, consideration will be
given to the Il~vel and type of problems of participants. For recipients with a
poor record 0' success, HUD will also consider the recipient's willingnes:; to
accept technical assistance and to make changes suggested by techniccd
assistance providers. Other factors which will affect HUO's decision to approve
I (] renewal request include the following: a continuing history of inadeqLate
I financial man.3gement accounting practices, indications of mismanagement on
the part of th,~ recipient, a drastic reduction in the population served by the
recipient, pro'Jram changes made by the recipient without prior HUO
i approval, and loss of
i project site. Agenda Item No, 16A 11
i May 25, 2004
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2, HUD reserves the right to reject a request from any organization with an
outstanding obligation to HUD that is in arrears or for which a payment
schedule has nc t been agreed to, or whose response to an audit finding i:;
overdue or unscltisfactory.
3. HUD will notify :he recipient in writing that the request has
been approved or disapproved.
(Approved by the Office of Management and Budget under control number
2506-0112)
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[Code of Federal Reg1Jlations)
[Title 24, Volume 3, Parts 500 to 699)
[Revised as of April 1, 2000)
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFRS83.300)
TITLE 24--HOU5ING AND URBAN DEVELOPMENT :
SECRETARY FOR COr-1MUNITY PLANNING AND DEVELOPMENT, DEPARTMENT 0 =
HOUSING AND URBA \I DEVELOPMENT
PART 583--5UPPORTVE HOUSING PROGRAM--Table of Contents
Subpart D--Progra!n Requirements
Sec. 583.300 GenElral operation.
(a) State and local requirementsEach recipient of assistance under
this part must provid ~ housing or services that are in compliance with
all applicable State and local housing codes, licensing requirements,
and any other requin~ments in the jurisdiction in which the project is
located regarding the condition of the structure and the operation of
the housing or servic~s.
(b) Habitability stitndardsExcept for such variations as are
proposed by the recipient and approved by HUD, supportive housing must
meet thl:! following requirements: .-.. -
1. Structure and materials. The structures must be structurally
sound so as nJt to pose any threat to the health and safety of the
cccupants and so as to protect the residents from the elements.
2. Access, The hJusing must be accessible and capable of being
utilized without unauthorized use of other private properties.
Structures must provide alternate means of egress in case of fire.
3. Space and security, Each resident must be afforded adequate
space and see urity for themselves and their belongings. Each resident
must be provided an acceptable place to sleep,
4. Interior air ql..ality. Every room or space must be provided with
natural or me:hanical ventilation. Structures must be free of pollutants
i., the air at levels that threaten the health of residents.
5. Water supply. The water supply must be free from contamination.
6. Sanitary facilities. Residents must have access to sufficient
sanitary faciliUes that are in proper operating condition, may be used
in privacy, an::! are adequate for personal cleanliness and the disposal
of human wa~;te.
7. Thermal environment. The housing must have adequate heating and/
or cooling fac Iities in proper operating condition.
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8. Illumination anc electricity. The housing must have adequate
natural or artific ial illumination to permit normal indoor activities
and to support I he health and safety of residents. Sufficient electrical
sources must bE! provided to permit use of essential electrical
appliances whilE! assuring safety from fire.
9, Food preparation and refuse disposal. All food preparation areas
must contain sliitable space and equipment to store, prepare, and serve
food in a sanita -y manner.
10. Sanitary condition. The housing and any equipment must be
mclintained in s~nitary condition.
11. Fire safety.
(I) Each unit must include at least one battery-operated or
hard-wired smoke detector, in proper working condition, on
each occ:upied level of the unit. Smoke detectors must be
located, to the extent practicable, in a hallway adjacent to a
bedroom, If the unit is occupied by hearing-impaired persons,
smoke c etectors must have an alarm system designed for
hearing- impaired persons in each bedroom occupied by a
hearing. impaired person.
(ii) The Jublic areas of all housing must be equipped with a
sufficient number, but not less than one for each area, of
--c' . battery-operated or hard-wired smoke detectors. Public areas
Include, but are not limited to, laundry rooms, community
rooms, ,jay care centers, hallways, stairwells, and other
common areas.
(c) Meals. Each recipient of assistance under this part who provides
supportive housing fo!' homeless persons with disabilities must provide
meals or meal prepanltion facilities for residents.
(d) Ongoing asseS:lment of supportive servlcel.ach recipient of
assistance under this )art must conduct an ongoing assessment of the
supportive services required by the residents of the project and the
availability of such services, and make adjustments as appropriate.
(e) Residential supervlslonEach recipient of assistance under this
part must provide res dential supervision as necessary to facilitate the
adequate provision of supportive services to the residents of the
housing throughout Hie term of the commitment to operate supportive
housing. Residential supervision may include the employment of a full-
or part~time residenti.31 supervisor with sufficient knowledge to provide
or to supervise the pr::wision of supportive services to the residents.
(f) Participation of homeless persons.
1. Each recipient must provide for the participation of homeless persons as
required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)), This
requirement is waived if an applicant is unable to meet it and presents (I plan
for HUD approval to otherwise consult with homeless or formerly homek~ss
persons in conSidering and making policies and decisions. See also Sec.
SB3.330(e).
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2, Each recipient of assistance under this part must, to the maximum extent
practicable, irl'/olve homeless individuals and families, through employment,
volunteer services, or otherwise, in constructing, rehabilitating, maintaining,
and operating the project and in providing supportive services for the project,
(g) Records and reports.Each recipient of assistance under this part must keep
any records and makl~ any reports (includiQg those pertaining to race, ethnicity,
gender, and disabilit)' status data) that HUD may require within the timeframe
required.
(h) COI,fidentiality.Each recipient that provides family violence prevention or
treatment services must develop and implement procedures to ensure:
1. The confidenti31ity of records pertaining to any individual services; and
2. That the addn!ss or location of any project assisted will not be made pulJlic,
except with wl'itten authorization of the person or persons responsible for the
operation of the project.
(i) Terrnination of housing assistance, The recipient may
termin;)te assistance to a participant who violates program
requirements. Recipients should terminate assistance only in
the mcst severe cases.
Recipients may resume assistance to a participant whose
assistance was previously terminated. In terminating assistance
to a participant, the recipient must provide a formal process
that re::ognizes the rights of individuals receiving assistance to
due pr'Kess of taw. This process, at a minimum, must consist
of:
1. Written notice to the participant containing a clear
statement of the reasons for termination;
2, A review of the decision, in which the participant is given
the
opportunity to present written or oral objections before
a person other than the person (or a subordinate of that
person) who made or approved the termination
decision; and
3. Prompt written notice of the Final decision to the
participant.
(j) Limitation of stay in transitional houslnft.. homeless individual or family
may remain in transitional housing for a period longer than 24 months, if permanent
housing for the indiv dual or family has not been located or if the individual or family
requires additional time to prepare for independent living. However, HUD may
discontinue assistance for a transitional housing project if more than half of thl~
homeless individuals or families remain in that project longer than 24 months.
(k) Outpatient heillth servicesOutpatient health services provided by the
recipient must be approved as appropriate by HUD and the Department of Health
and Human Services (HHS). Upon receipt of an application that proposes the
proviscn of outpatient health services, HUD will consult with HHS with respect to the
appropriateness of the proposed services.
(I) Annual assurances.Recipients who receive assistance onIYAe'8ffd~ih No. 16A11
May 25, 2004
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operating costs or supportive services costs must provide an annual assurance f,)r
each year such assista "lce is received that the project will be operated for the
purpose specified in th e application.
(Approved by the Office of Management and Budget under control number
2506-0112)
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,;1994;
61 FR 51176, Sept. 30, 1996]
Sec. 583.305 Term of commitment; repayment of grants; prevention of
undue benefits.
(a) Term of commitment and conversJorRecipients must agree to operate the
housing or provide slIpportive services in accordance with this part and with sections
423 (b)(1) and (b)(3) of the McKinney Act (42 U.5.C. 11383(b)(1), 11383(b)(3)).
(b) Repayment of grant and prevention of undue benefit5\. accordance with
section 423(c) of the I.IIcKinney Act (42 U,5.C. 11383(c)), HUD will require recipients
to repay the grant unless HUD has authorized conversion of the project under section
423(b)(3) of the McKi "lney Act (42 U,5.C. 11383(b)(3)),
[61 FR 51176, Sept. ~O, 1996]
-
Sec. 58:3.310 Displacement, relocation, and acquisition.
(a) Minimizing dlsp,lacementConsistent with the other goals and objectives of
this part, recipients must assure that they have taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprclfit
organizations, and farms) as a result of supportive housing assisted under this part.
(b) Relocation assistance for displaced person"'displaced person (defined in
paragraph (f) of this :;ection) must be provided relocation assistance at the levt~ls
described in, and in accordance with, the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.5,C. 4601-
4655) and implementing regulations at 49 CFR part 24.
(c) Real property acquisition requirement.-.he acquisition of real property for
supportive housing is subject to the URA and the requirements described in 49 CFR
part 24, subpart B.
(d) Responsibility Df recipient.
1. The recipient llust certify (Le., provide assurance of compliance) that it: will
comply with the URA, the regulations at 49 CFR part 24, and the
requirements of this section, and must ensure such compliance
notwithstandi,"lg any third party's contractual obligation to the recipient to
comply with t iese provisions.
2. The cost of required relocation assistance is an eligible project cost in tile
same manner and to the same extent as other project costs. Such cost; also
may be paid for with local public funds or funds available from other sources.
._.
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3, The recipient Inust maintain records in sufficient detail to demonstrate
compliance wi~h provisions of this section.
(e) Appeals.A perscn who disagrees with the recipient's determination concerning
whether the person qualifies as a .. displaced person," or the amount of reloca tion
assistance for which the person is eligible, may file a written appeal of that
determination wi~h t~ e recipient. A low-income person who is dissatisfied with l:he
recipient's determina:ion on his or her appeal may submit a written request for
review of that determination to the HUD field office.
(f) Definition of di:;placed person.
1. For purposes I)f this section, the term . . displaced person" means a per:;on
(family, individual, business, nonprofit organization, or farm) that moves from
real property, or moves personal property from real property permanen:ly as
a direct result of acquisition, rehabilitation, or demolition for supportive
housing projc1:ts assisted under this part. The term . . displaced person"
includes, but may not be limited to:
(i) A person that moves permanently from the real property
after tile property owner (or person in control of the site) issues
a vaca:e notice, or refuses to renew an expiring lease in order
to eV<lde the responsibility to provide relocation assistance, if
the mc,ve occurs on or after the date the recipient submits to
HUO the application or application amendment designating the
projed. site.
(ii) An" person, including a person who moves before the date
deScribed in paragraph (f)(l)(i) of this section, if the redpient
or HUn determines that the displacement resulted directly from
acquis tion, rehabilitation, or demolition for the assisted project.
(iii) A tenant-occupant of a dwelling unit who moves
perm.:! 1ently from the building/complex on or after the date of
the' . initiation of negotiations" (see paragraph (g) of this
section) if the move occurs before the tenant has been provided
written notice offering him or her the opportunity to lease and
occupy a suitable, decent, safe and sanitary dwelling in the
same !)uilding/complex, under reasonable terms and conditions,
upon completion of the project. Such reasonable terms and
conditions must include a monthly rent and estimated average
monthly utility costs that do not exceed the greater of:
(A) The tenant's monthly rent before the
initiation of negotiations and estimated average
utility costs/ or
(8) 30 percent of gross household income. If the
initial rent is at or near the maximum, there must
be a reasonable basis for concluding at the time
the project is initiated that future rent increases
will be modest.
(iv) A tenant of a dwelling who is required to relocate temporarily, but does
not return to the building/complex, if either:
(A) A :enant is not offered payment for all reasonable out-of-
pocke: expenses incurred in connection with the lte~aritem No. 16A 11
May 25, 2004
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relocatio 1, or
(6) Other conditions of the temporary relocation are not
reasonable.
(v) A tenant of ;3 dwelling who moves from the building/complex permammtly
alter he or she ilas been required to move to another unit in the same
building/complex, if either:
(A) The tenant is not offered- reimbursement for all reasonable
out-of-p,)cket expenses incurred in connection with the move;
or
(8) Other conditions of the move are not reasonable.
2. Notwithstandin!) the provisions of paragraph (f)(l) of this section, a person
does not qualify as a . . displaced person" (and is not eligible for relocatic.n
assistance undElr the URA or this section), if:
( ) The person has been evicted for serious or
r,:!peated violation of the terms and conditions of
t'1e lease or occupancy agreement, violation of
applicable Federal, State, or local or tribal law, or
ether good cause, and HUD determines that the
eviction was not undertaken for the purpose of
Evading the obligation to provide relocation
c ssistancei
_ (ii) The person moved into the property after the
submission of the application and, before signing
c lease and commencing occupancy, was
provided written notice of the project, its possible
i l1pact on the person (e.g., the person may be
displaced, temporarily relocated, or suffer a rent
11crease) and the fact that the person would not
qualify as a . . displaced person" (or for any
clssistance provided under this section), If the
project is approved;
(iii) The person is ineligible under 49 CFR
;~4.2(g)(2); or
(iv) HUD determines that the person was not
displaced as a direct result of acquisition,
rehabilitation, or demolition for the project.
3. The recipient rlay request, at any time, HUD's determination of whether a
displacement j:; or would be covered under this section.
(g) Definition of Initiation of negotlation'or purposes of determining the
formula for computin~1 the replacement housing assistance to be provided to a
residential tenant displaced as a direct result of privately undertaken rehabilitation,
demolition, or acquisi:ion of the real property, the term' . initiation of negotiations"
means the execution of the agreement between the recipient and HUD.
(h) Definition of proJedFor purposes of this section, the term' . project" m:!ans
an undertaking paid f)r in whole or in part with assistance under this part. Two or
more activities that a -e integrally related, each essential to the others, are
considered a single project, whether or not all component activities receive
,- assistance under this part.
Agenda Item No. 16A 11
May 25, 2004
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[58 FR 13871, Mar. 15, 1993, as amended at S9 FR 36892, July 19, 1994)
Sec. 583.315 Resident rent.
- (a) Calculation of I'esident rentfach resident of sUPP9rtive
I housing may be required to pay as rent an amount determined by the
. recipient which may not exceed the highest of:
1. 30 percent of the family's monthly adjusted income (adjustment factors
include the number of people in the family, age of family members, medical
expenses, anc: child care expenses);
2. 10 percent of the family's monthly income; or
3. If the family i!; receiving payments for welfare assistance from a public
agency and a part of the payments, adjusted in accordance with the family's
actual housinfl costs, is specifically designated by the agency to meet tt',e
family's housillg costs, the portion of the payments that is designated.
(b) Us-e of rent.Resident rent may be used in the operation of the project or may
be resE~rved, in whole: or in part, to assist residents of transitional housing in moving.
to permanent housin'~.
(c) Fees. In addition to resident rent, recipients may charge residents reasona:::>le
fees for serviCes not :::>aid with grant funds.
'-
[58 FR 13871, Mar, ] 5, 1993, as amended at 59 FR 36892, July 19, 1994]
Sec. 583.320 Site control.
(a) Site control.
1. Where grant funds will be used for acquisition, rehabilitation, or new
construction tJ provide supportive housing or supportive services, or where
grant funds will be used for operating costs of supportive housing, or wllere
grant funds will be used to provide supportive services except where an
applicant will Jrovide services at sites not operated by the applicant, an
applicant must demonstrate site control before HUD will execute a gran:
agreement (e.g., through a deed, lease, executed contract of sale). If SJch
site control is not demonstrated within one year after initial notification of the
award of assi!;tance under this part, the grant will be deobligated as pre,vided
in paragraph ':c) of this section.
2, Where grant funds will be used to lease all or part of a structure to provide
supportive hOusing or supportive services, or where grant funds will be used
to lease individual housing units for homeless persons who will eventualy
control the ur its, site control need not be demonstrated.
(b) Site change.
Agenda Item No, 16A 11
May 25, 2004
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1. A recipient may obtain ownership or control of a suitable site different from
the one specified in its application. Retention of an assistance award is
subject to the new site's meeting all requirements under this part for suit3ble
sites.
2. If the acquisition, rehabilitation, acquisition and rehabilitation, or new
construction co~;ts for the substitute site are greater than the amount of the
grant awarded !'or the site specified in the application, the recipient must
provide for all additional costs, If the recipient is unable to demonstrate to
HUD that it is a ole to provide for the difference in costs, HUD may deobli!Jate
the award of assistance.
(c) Failure to obtalrl site control within one yealllUD will recapture or
deobligate any award ,'or assistance under this part if the recipient is not in control of
a suitable site before the expiration of one year after initial notification of an aW.3rd.
Sec. 583.325 Nondiscrimination and equal opportunity requirements:.
(a) General. Notwith~tanding the permissibility of proposals that serve designated
populations of disabled homeless persons, recipients serving a designated population
of disabled homeless persons are required, within the designated population, to
comply with these requirements for nondiscrimination on the basis of race, COIOI",
religion, sex, national origin, age, familial status, and disability.
- (b) Nondlscrtnlnatil)n and equal opportunity requlrementi'ne
nondiscri mination and equal opportunity requirements set forth at part 5 of this title
apply to this program. The Indian Civil Rights Act (25 U.S.C, 1301 et seq.) appl es to
tribes when they exer:ise their powers of self-government, and to Indian housing
authorities (IHAs) wt\l~n established by the exercise of such powers. When an IHA is
established under Sta:e law, the applicability of the Indian Civil Rights Act willl:e
determined on a case -by-case basis. Projects subject to the Indian Civil Rights Act
must be developed ar d operated in compliance with its provisions and all
implementing HUD re~uirements, instead of title VI and the Fair Housing Act and
their implementing regulations.
(c) Procedures.
1. If the procedu:-es that the recipient intends to use to make known the
availability of the supportive housing are unlikely to reach persons of any'
particular race, color, religion, sex, age, national origin, familial status, or
handicap who may qualify for admission to the housing, the recipient mlJst
establish additional procedures that will ensure that such persons can ohtain
information concerning availability of the housing.
2. The recipient must adopt procedures to make available
information or the existence and locations of facilities and services
that are accessible to persons with a handicap and maintain evidence of
implementation of the procedures.
(d) Accessibility requlrementsThe recipient must comply with the new
construction accessibility requirements of the Fair Housing Act and section 504 of the
Rehabilitation Act of 'l973, and the reasonable accommodation and rehabilitation
accessibility requirerr,ents of section 504 as follows:
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Agenda Item No. 16A 11
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1. All new construction must meet the accessibility requirements of 24 CFF. 8.22
and, as applit.:.3ble, 24 CFR 100.205,
2. Projects in wh'ch costs of rehabilitation are 75 percent or more of the
replacement cost of the building must meet the requirements of 24 CFR
8.23{a). Other rehabilitation must meet the requirements of 24 CFR 8,23(b).
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30, 1994;
61 FR 5210, Feb. 9, :.996; 61 FR 51176, Sept. 30, 1~96]
Sec. 583.330 Applicability of other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, use of
assistance providecll nder this part must comply with the following
Federal requirements:
(a) Flood Insurancl!.
1. The Flood Disaster Protection Act of 1973 (42 U.S,c. 4001-4128) prohit::its the
approval of a~ plications for assistance for acquisition or construction
(including reh 3bilitation) for supportive housing located in an area identfied
by the Federa Emergency Management Agency (FEMA) as having special
flood hazards, unless:
(i) The community in which the area is situated is' participating
in the I-Jationat Flood Insurance Program (see 44 CFR parts 59 <-...:
,.:
throug 1 79), or less than a year has passed since FEMA
notificcltion regarding such hazards; and
(ii) Flol)d insurance is obtained as a condition of approval of the
application.
2. J\pplicants with supportive housing located in an area identified
by FEtv1A as having special flood hazards and receiving assistance for
acquisition or construction (including rehabilitation) are responsible
for assuring that flood insurance under the National Flood Insurance
Program is obtained and maintained.
(b) The Coastal Barrier Resources Act of 19~6 U.S.C. 3501 et seq.) m3Y
apply to proposals under this part, depending on the assistance requested.
(c) Applicability of OHB Circularsl'he policies, guidelines, and requirements of
OMB Circular No. A-f.7 (Cost Principles Applicable to Grants, Contracts and other
Agreernents with State and Local Governments) and 24 CFR part 85 apply to tile
award, acceptance, end use of assistance under the program by governmental
entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements wi:h
Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and
A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements v/ith
Nonprofit Institutiom.) apply to the acceptance and use of assistance by privatE!
nonprofit organizations, except where inconsistent with the provisions of the
McKinney Act, other Federal statutes, or this part. (Copies of OMS Circulars mclY be
obtained from E.O,P, Publications, room 2200, New Executive Office Building,
Washington, DC 2051)3, telephone (202) 395-7332. (This is not a toll-free nurrber.)
There is a limit of tw:> free copies. Agenda Item No, 16A 11
May 25, 2004
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(d) Lead-based palnt.The Lead-Based Paint poisoning Prevention Act
(42 U,S.C. 4821-4846:, the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.c. 4851-4856), and implementing regulations at part
35, subparts A, B, J, K, and R of this title apply to activities under
this program.
(e) Conflicts of interes':.
- 1. In addition to the conflict of interest requirements' in 24 CFR part 85, no
person who is en employee, agent, consultant, officer, or elected or appointed
official of the rEcipient and who exercises or has exercised any functions or
responsibilities with respect to assisted activities, or who is in a position 1:0
participate in a decision making process or gain inside information with regard
to such activitE~s, may obtain a personal or financial interest or benefit from
the activity, or have an interest in any contract, subcontract, or agreement
with respect th,~reto, or the proceeds thereunder, either for himself or hE rself
or for those with whom he or she has family or business ties, during his or
her tenure or for one year thereafter. Participation by homeless individuc Is
who also are participants under the program in policy or decision making
under Sec. 583.300(f) does not constitute a conflict of interest.
2. Upon the writtE~n request of the recipient, HUO may grant an exception tl) the
provisions of paragraph (e)(l) of this section on a case-by-case basis wt;en it
determines that the exception will serve to further the purposes of the
program and the effective and efficient administration of the recipient's
project. An exception may be considered only after the recipient has pro'tided
the following:
,--
(i) For ~;tates and other governmental entities, a disclosure of
the nature of the conflict, accompanied by an assurance that
there hilS been public disclosure of the conflict and a
description of how the public disclosure was made; and
(ii) For :III recipients, an opinion of the recipient's attorney that
the interest for which the exception is sought would not violate
State or local law.
3. In determining whether to grant a requested exception after the redpier,t has
satisfactorily met the requirement of paragraph (e)(2) of this section, HlJD
will consider tt e cumulative effect of the following factors, where applicc ble:
(i) Whether the exception would provide a significant cost
benefit or an essential degree of expertise to the project which
would ( therwise not be available;
(ii) WhE!ther the person affected is a member of a group or
class of eligible persons and the exception will permit such
person to receive generally the same interests or benefits as
are being made available or prOVided to the group or class;
(iii) Whether the affected person has withdrawn from his or her
functions or responsibilities, or the decision making process
I with re:;pect to the specifiC assisted activity in question;
I (iv) Whether the interest or benefit was present before the
:
I affected person was in a position as described in paragraph
i (e)(l) of.this section;
; (v) Wh,~ther undue hardship will result either to the recipient or
.- the person affected when weighed against the publiC interest
; Agenda Item No. 16A 11
I May 25, 2004
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served by avoiding the prohibited conflict; and
(vi) Any other relevant considerations.
(f) Audit. The financi.31 management systems used by recipients under this pro.~ram
must provide for aud ts in accordance with 24 CFR part 44 or part 45, as applicable.
HUD may perform or require additional audits as it finds necessary or appropri.3te.
(g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to thi!;
program.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb, 9, 1996; 64
FR 50226, Sept. 15, 1999]
Effective Date Note: .\t 64 FR 50226, Sept. 15, 1999, Sec. 583.330
was amended by revising paragraph Cd), effective Sept. 15, 2000. For the
convenience of the Wjer, the superseded text is set forth as follows:
Sec. 583.330 ApplicdJility of other Federal requirements,
11: * * * :I:
Cd) Lead-based paint Any residential property assisted under this
part constitutes HUD..associated housing for the purposes of the Lead-
Based Paint Poisonin~1 Prevention Act and is, therefore, subject to 24
CFR part 35.
* * * * *
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[Code of Federal Regulations]
[Title 24( Volume 3, Parts 500 to 699]
[Revised as of April 1, 2000]
From the U.S. Governrlent Printing Office via GPO Access
[CITE: 24CFR583.400]
mLE 24--HOUSING Ar~D URBAN DEVELOPMENT
SECRETARY FOR COM~tUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
PART 583 --SUPPORTI\i E HOUSING PROGRAM-- Table of Contents
Subpart E--Administratlon
Sec. 583.4)0 Grant agreement.
(a) General. The duty to provide supportive housing or supportive services in
accordance with the requirements of this part will be incorporated in a grant
agreement executed b ( HUD and the recipient.
(b) Enforcement.HU ) will enforce the obligations in the grant agreement through
such action as may be appropriate, including repayment of funds that have alrecldy
been disbursed to the ~ecipient.
- Sec. 583.405 Program changes.
(a) HUD approval.
1. A recipient may not make any significant changes to an approved progra m
without prior H JD approval. Significant changes include, but are not limited
to, a change in the recipient, a change in the project site, additions or
deletions in the types of activities listed in Sec. 583.100 of this part approved
for the program or a shift of more than 10 percent of funds from one
a p proved type of
activity to another, and a change in the category of participants to be se-ved,
[lE!pending on the nature of the change, HUD may require a new certificHion
of consistency 'Nith the consolidated plan (see Sec. 583.155).
2. Approval for changes is contingent upon the application ranking remaining
high enough after the approved change to have been competitively selected
f.or funding in the year the application was selected.
(b) Documentation of other changeSl1ny changes to an approved program that
do not require prior HIJD approval must be fully documented in the recipient's
records.
[58 FR 13871, Mar. l~i, 1993, as amended at 61 FR 51176, Sept. 3D, 1996]
,-,
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"
Sec. 583.410 Obllg.ltion and deobllgatlon of funds.
(a) Obligation of fU::1ds.when HUD and the applicant execute a grant agreemE~nt,
funds are obligated to cover the amount of the approved assistance under subpc;irt B
of this part. The recipient will be expected to carry out the supportive housing or
supportive services ac:ivities as proposed in the application.
(b) Increases.After the initial obligation of funds, HUD will not make revisions to i
increase the amount cbligated.
(c) Deobligatlon.
1. HUD may deobligate all or parts of grants for acquisition, rehabilitation,
acquisition and rehabilitation, or new construction:
(i) If the actual total cost of acquisition, rehabilitation,
acquisition and rehabilitation, or new construction is less than
the total cost anticipated in the application; or
(ii) If proposed activities for which funding was approved are
not begun within three months or residents do not begin to
occupy t:he facility within nine months after grant execution.
2, HUD may deobligate the amounts for annual leasing costs, operating cos~:s or
supportive ser'\'ices in any year:
(i) If thE! actual leasing costs, operating costs or supportive
services for that year are less than the total cost anticipated in
the appication; or
(ii) If the proposed supportive housing operations are not ,
begun v/ithin three months after the units are available for
occupar,cy.
3. The grant agreement may set forth in detail other circumstances under ""hich
funds may be deobligated, and other sanctions may be imposed.
4, HUD may:
(I) Reacvertise the availability of funds that have been
deobligilted under this section in a notice of fund availability
under Sec. 583.200, or
(ii) Award deobligated funds to applications previously
submitt ed in response to the most recently published notice of
fund aV:lilability, and in accordance with subpart C of this part.
Agenda Item No. 16A 11
May 25, 2004
33 of 33
-- . . ._- _.-----
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.--
EXECUTIVE SUMMARY
Authorize the Chairman to sign the Department of Community Affairs Single Audit
Act Verification form.
OBJECTIVE:
To authorize the Chairman to sign a form received from the Florida Department of
Community Affairs (DCA) verifying that Collier County expended more than $300,000
in federal funds in FY 02/03.
CONSIDERATIONS:
The Chairman's signature is required on the form received from the DCA as verification
that Collier County expended Federal Funds in excess of $300,000 in FY 02/03.
$300,000 is the level that triggers the grantee's obligation to comply with the Single
Audit Act procedures. This form verifies that Collier County has expended more than
$300,000 in federal funds this past fiscal year and that Collier County will submit the
required FY 02/03 audit to DCA as soon as it is available [rom the Clerk of the Court.
FISCAL IMPACT:
Execution of this verification form has no fiscal impact.
~,
GROWTH MANAGEMENT IMPACT:
The expenditure of Federal Grant funds is in general compliance with the concept of the
County's Growth Management Plan by promoting the continued expansion of local
resources to provide affordable housing through increasing County residents self-
sufficiency.
RECOMMENDATION:
That the Board of County Commissioners authorize the Chairman to sign the DCA Single
Audit Act Verification form.
.
,.,-......
Agenda Item No. 16A 12
May 25, 2004
Page 1 of 3
...._"~.;.,..__.__-_._-".,.,_.-
COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 16A12
Item Summary Authorize the Chairman to sign the Department of Community Affairs Single
Audit Act Verification form.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Cormac Giblin Housing Development Manager
Community Development & Financial Admin. & Housing
Environmental Services
Approved By
Denton Baker Financial Admin & Housing Director Date
Community Development & Financial Admin, & Housing 5/12/20045:09 PM
Environmental Services
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/13/200410:46 AM
Approved By
",-~. Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/13/20049:39 AM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14120049:17 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200411:14 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20049:19 AM
Approved By -
James V. Mudd County Manager Date
Board of County County Manager's Office 5/17/20046:13 PM
Commissioners
-
Agenda Item No. 16A 12
May 25, 2004
Page 2 of 3
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedi,:;ated to makina Florida a better place to call home-
. .
JEB BUSH HEII>I HUGHES
Govemor Interim Secretary
CDBG Subgrcmtees
State of Florida
Re: Federal fiscal year 20C2 (October 2002 - September 2003) audits required as a result of the
$300,000 threshold set by the federal government
Dear CDBG Subgrantees:
Each fiscal year the federal government requires sending an audit to the Departmem of Community
Affairs from any subgrantee that expends more than $300,boo of federal funds in a ~iven fiscal
year. Please check t.he appropriate box below. If you have expended more than $300,000 in
federal fiscal year 2002, pl~ase submit an audit to the Department with a signed coPi of this letter
by,l\pril 3D, 2004. If you h.:!ve not expended more than $300,000 in federal funds in federal fiscal
year 2002, please complete the requested information below and submit it to the Department by
April 3D, 2004.
If you need further clarification or assistance, please call (850) 487,3644.
1 .
Sincerely,
~~
Community Program Administrator
0 Yes, we have expEnded more than $300,000 in federal funds this fiscal year. The required
audit and this letter are being submitted to the Department on or before the April 30, 2004
due date.
D No, we have not e:<pended more than $300,000 in federal funds in federal fi~,cal year 2002.
Subgrantee Name
Signature of Chief Electec Official
Date Signed
cc: Charles Anderson, Inspector General
2 5 5 5 S HUM A ROO A K B 0 U LEV A RD. TAL L A HAS SEE, F L 0 ~~~Mt2~B 0 16A 12
Phone: 1850) 488-84661Suncom 276-8466 FAX: (650) 921-0781/5 2'5 2004
Internet address: h1lt>:/lwww.dca,state.n.us ay ,
P~3of3
CRlTICAL STATE CQNCERN FIE1.D OFFICE CQfolMUNlTY PlANNING EMERGENCY MANAGEMENT HOUSING & CO'" DEVELOPMENT
Z7SE Ove<seas Hi~f. Suite 212 2555 Stlutretd Oak BouIeYard Z555 SIlun'llWd Oak IlouieYatd 2555 Shumard C....1louIeYanl
Ma,.,lhcn. F L 3305(). 2227 Tallahassee. FL 323~21oo Tallahassee. FL 32399-2100 TallahasSee, FL 323S9-21oo
,",nc\"~"~,, ,A,,,O\ AS8-2356 1850l413-9969 1850) 48&-7956
EXECUTIVE SUMMARY
Approval from the Board of County Commissioners to waive formal competition,
and solicit proposals for an impact fee study to update the Correctional Facilities
Impact Fee (estimated amount not to exceed $40,000)
OBJECTIVE: To obtain approval from the Board of County Commissioners to waive
the requirement for the Request for Proposal CRFP) process and instead solicit proposals
for a consultant to complete the Correctional Facilities Impact Fee Update. Study, as
required by the Collier County Consolidated Impact Fee Ordinance, (CIFO) No. 2001-13,
as amended, in the best interests of Collier County.
CONSIDERATIONS: The CIFO sets forth the requirement for impact fee rates to be
studied and reviewed at least every three years. The current Correctional Facilities
Impact Fee was adopted in June of 1999 and has not been subsequently updated.
The original contract, No. 02-3317, to update the Correctional Facilities Impact Fee was
approved by the Board of County Commissioners and subsequently became effective on
January 22,2002. The contract was awarded to Henderson Young and Company, but the
fIrm failed to comply with the schedule specifIcations and outlined tasks of the contract.
Staff regularly corresponded with Henderson Young and Company to facilitate timely
completion of tasks and the work product, however, notwithstanding our efforts, the fIrm
failed to meet required timelines for specifIc task completion. The Board terminated the
above-referenced contract on May 11,2004, Item 16 CA) 14, at the regular meeting of the
Board of County Commissioners at staff s request.
The requirement for the three-year review and study must still be satisfIed in order to
maintain compliance with the provisions of the CIFO. It would not be possible to meet
the required timeframes using the standard RFP process, therefore, it is in the best interest
of Collier County that the Board of County Commissioners waive the requirement for
formal competition as provided in the Purchasing Procedure Section V CA) 3, and instead
direct staff to solicit proposals for a consultant to complete the Correctional Facilities
Impact Fee Update Study,
FISCAL IMPACT: Upon direction by the Board, staff will solicit proposals from
consultants to complete the Correctional Facilities Impact Fee Update Study. The cost of
the study is estimated not to exceed $40,000. The cost of the study will be paid from the
Correctional Facilities Impact Fee Trust Fund (Fund 381).
GROWTH MANAGEMENT IMP ACT: The requirement to pay impact fees ensures
that future development contributes its fair share to the cost of infrastructure and
improvements to specified Public Facilities and is an essential element of the County's
Growth Management Plan. Therefore, in recognition of changing growth patterns and
population growth, the impact fees imposed should be reviewed and adjusted periodically
to ensure the equitable and lawful imposition of the fees.
~jQroc...T -torn No Ibll13
~ 2"5 200Y
1fY'" I. t '
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.1
"'~---". ,,-^-_..... -".~
Request for RFP Waiver
Page 2
RECOMMENDATION: That the Board waive the competitive RFP process for this
study and direct staff to solicit proposals for a consultant to complete the Correctional
Facilities Impact Fee Update Study, as required by the Collier County Consolidated
Impact Fee Ordinance, CCIFO) No. 2001-13, as amended in the best interest of Collier
County.
fkf~rdc, .1 {I,I.)"\ N c . It III
(Yl1l.{ :), ~C(4
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EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $1,360,580.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase CAgreement) between the Board of County Commissioners CBoard) and Michael R.
Gionet, Mary A. Gionet, and Gary L. Gionet.
CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active
Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties
under the Conservation Collier Program.
The Gionet parcel, as referred to on the List, contains 1.77 acres and is located in Addison
Estates on Marco Island. In accordance with the approved Conservation Collier Purchasing
Policy, the purchase price of $1,347,500 was based upon the average of two independent, State
certified general real estate appraisers.
The CCLAAC has approved this transaction and on May 10, 2004, voted to recommend Board
approval and execution of the attached Agreement.
- Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total costs of acquisition will not exceed $1,360,580 C$1,347,500 for
the property, $6,000 for appraisals, $980 for the Environmental Task Audit I, and
approximately $6,100 for title commitment, title policy, and recording of documents). The funds
will be withdrawn from the Conservation Collier Trust Fund (172).
GROWTH MANAGEMENT IMPACT: There is no growth management impact because
property is being bought for the Conservation Collier Program.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
2. Authorize Chairman Fiala to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
,,-..
Agenda Item No. 16A14
May 25, 2004
Page 1 of 16
,.- ,,-.""'"....,.,....
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - Gionet
Page 2
4. Direct staff to proceed to acquire the property, to follow all appropriate closing
procedures, and to record the deed and any and all necessary documents to obtain
clear title to the property; and
5. Approve any necessary budget amendments.
,_.,
.~^'.......
Agenda Item No. 16A 14
May 25, 2004
Page 2 of 16
"-
,-,,--.,
Conservation Collier Land Acquisition Program
Project Design Report
Date: May 1,2004
Conservation Collier Gionet - Otter Mound
Location Map
^-
PrODertv Owner(s): Michael R. and Mary A. Gionet, Gary L. Gionet
Folio(s): 21840000029,21840000045,21840000061
Location: City of Marco Island, Addison Estates, Lots 1,2, & 3
Size: 1.77 acres C3 lots at .59 acres each)
ADPraisaVOffer Amount: $1,347,500
History of Proiect:
Received Selected for the Approved Purchase offer Offer Accepted
application Active Acquisition purchase by BC made to owners
List by CCLAAC
Au ust 31,2003 December 15, 2003 Janu A ril 28, 2004
-
Purpose of Proiect: Conservation Collier
Prol!ram Qualifications: This site met 4 out of 6 initial screening criteria. It contains one of the
habitats listed by the Conservation Collier ordinance as unique and endangered and of highest
preference for acquisition - tropical hardwood hammock. Additionally, a botanical survey done
- in October 2003 identified two plant species listed as Endangered by the State: Oildoe Cactus
Agenda Item No, 16A 14
May 25, 2004
Page 3 of 16
^- <" "". "._~_,." "".,".....~." 0'"''
CCereus perntagonus) and Florida Thrinax Palm CThrinax radiata). This parcel contributes
significantly to the surficial aquifer. An archeological survey and assessment done by the
Archcological and Historical Conscrvancy in 2002 idcntificd undisturbcd shcll middcn features
and has determined that "highly important undisturbed archeological strata and features occur on
this parcel." The parcels are listed on the Florida Master Site File. Also documented is an
historical shell terrace constructed by an owner in the early 20th century, which is protected by an
historical easement. There is strong community support for acquisition of these parcels,
including the City of Marco Island Capproved a Conservation Collier purchase 11/10103 and is
willing to provide some limited management assistance), Marco Island Historical Society
Cwilling to provide limited management assistance) and a local ecotourism business owner.
These parcels were highly vulnerable to development. Staff intends to apply for a post-
acquisition Florida Communities Trust grant to rcimburse the Conservation Collier Program for a
portion of the cost of acquisition. These parcels had been listed as a Florida Forever Project, on
the "A" list, but were removed from state consideration in February of 2004 by the owner to
facilitate a sale to Conservation Collier. See the Initial Criteria Screening Report for full criteria
evaluation.
Proiected Manaeement Activities: Removal of prohibited exotic plant species, maintenance of
existing low impact trail, fencing and installation of interpretive signs are contemplated. A
meeting will be held with the City of Marco Island, the Marco Island Historical Society, and
other intercstcd local parties, to prepare a managemcnt plan and agrccment that will allow the
site to be appropriately used for recreational and educational opportunities associated with its
"I.....,.,. environmental, archeological and historic attributes.
,-
Agenda Item No. 16A14
May 25, 2004
Page 4 of 16
--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-, Item Number 16A14
Item Summary Recommendation to approve an Agreement for Sale and Purchase of 1.77
acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $1,360,580. (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services)
Meeting Date 5125/2004 9:00:00 AM
Prepared By
Cindy M. Erb Senior Property Acquisition Specialist
Administrative Services Facilities Management
Approved By
Alexandra J. Suleckl Senior Environmental Specialist Date
Community Development & Environmental Services 5/11/2004 1 :21 PM
Environmental Services
Appro\'ed By
William D. Lorenz, Jr., P.E. Environmental Services Director Date
Community Development & Environmental Services
Environmental Services 5/11/20044:27 PM
Appro\'ed By
Charles E. Carrington, Jr., SRI Real Estate Services Manager
WA Date
Administrative Services Facilities Management 5/11/20047:40 AM
.- Approved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 5/11/2004 8:28 AM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/11/20044:30 PM
Appro\'ed By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/11/20048:26 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/12/20043:03 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16120049:45 AM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17120048:41 AM
,-
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners Agenda Ite~ni&~~li;i.~~PM
I.l11) 2S, 2004
Page 5 of 16
.~--~- .- --, ._". ---~-
CONSERVATION COLLIER
Tax Identl1lcation Number: 21840000029,21840000045 & 21840000061
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between MICHAEL R. GIONET,
and MARY A. GIONET, husband and wife, as to an undivided fifty (50%) percent
Interest, and GARY L. GIONET, a single person, as to an undivided fifty (50%)
percent interest, whose address is 510 Alameda Ct, Marco Island, FL 34145,
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail
East, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit" A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Million Three Hundred Forty Seven Thousand Five Hundred Dollars ($1,
347,500.00) (U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE" , "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days following
execution of this Agreement by the Purchaser but not later than August 30, 2004,
unless extended by mutual written agreement of the parties hereto. The Closing
shall be held at the Collier County Attorney's Office, Administration Building, 3301
Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of~ooa Item No. 16A 14
May 25, 2004
1 Page 6 of 16
CONSERVATION COLLIER
Tax Identification Number: 21840000029,21840000045" 21840000061
.- 3,0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
- Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage,
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL T A Form 8-1970) covering the Property. together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable. Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
-
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by ~~eem~he
title shall be deemed acceptable. Upon notification of Purc ~~J i?Jo, 16A 14
May 25, 2004
2 Page 7 of 16
-~._--'^ -".,-
CONSERVATION COLLIER
Tax Identification Number: 21840000029, 21840000045 & 21840000061
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at CI~sing. N 6A1
Agenua Item o. 1 4
May 25, 2004
3 Page 8 of 16
CONSERVATION COLLIER
Tlx Identification Number: 21840000029,21840000045 & 21840000061
,_. VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
IX, TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
- between the parties, and said sum was not intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder, Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
- performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any act~~, claim~
proceedings, litigation or investigations pending or threatene S~ O. 16A 14
May 25, 2004
4 Page 9 of 16
"..- --.- ---""-...--
---~
CONSERVATION COLLIER
Tax Identification Number: 21840000029,21840000045 & 21840000061
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or PhYSi~1 co~tioflt th~ 1
Property to change from its existing state on the efte ~ ~ I1tt1 o. 6A14
May 25, 2004
5 Page 10 of 16
CONSERVATION COLLIER
Tax Identification Number: 21840000029, 2184000004!i & 21840000061
- Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq" ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss anc:llor damage to the Property between the date of this
~- Agreement and the date of Closing shall be Seller's sole risk and expense,
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr,
Naples, Florida 34104
Telephone number: 239-732-2505
Fax number: 239-213-2960
With a copy to: Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8400
Fax number: 239-774-0225
If to Seller: Michael R. & Mary A. Gionet
Gary L. Gionet
- 510 Alameda Ct.
Marco Island, FL 34145
Telephone number: 508-274-1672 Agenda Item No. 16A14
Fax number: 239-394-4634
May 25,2004
6 Page 11 of 16
. ."~.~ -...--,.-.... ,_..~
CONSERVATION COLLIER
Tax Identification Number: 21840000029,21840000045 & 21840000061
11.02 The fax numbers and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to review and recommendation for approval by the
Conservation Collier Land Acquisition Advisory Committee, and acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in ,(g~'hd~Pfi~~ ~o, 16A 14
May 25, 2004
7 Page 12 of 16
CONSERVATION COLLIER
Tax Identification Number: 21840000029,21840000045 & 21840000061
conveyed to Collier County, (If the corporation is registered with the Federal
,- Securities Exchange Commission or registered pursuant to Chapter 517, Florida
-"
,-
Agenda Item No. 16A 14
May 25, 2004
8 Page 13 of 16
----,-,..~._~-'- -."- .-.-.-
. CONSERVA nON COLliER
Tax Id.ntlflcatlon Number. 2114!)OOO02g, 21140000045" 211400000e1
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 266, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party, No modification or amendment of
this Agreement shall be of any force or effect unless made in writing .and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk DONNA FIALA, CHAIRMAN
AS TO SELLER:
DATED:
M
('
41\tL~ a 2zb~f-
MARY A. GIONEt
8
0, 16A14
25,2004
14 of 16
. CONSERVATION COWER
Tu Identlflcatton Number: 21140??oo29,21840000045 & 21&40000061
"-- 7f
,
Approved as to form and
legal sufficiency:
k~'
Ellen T. Chadwell
Assistant County Attorney
fk 5'~ Ill(' 11\ ~IJ~ h I.IJt. {\ 103/ cj(..k"'jl: -t -Ik IJ..l~'-
-
Art.(,l t-o c.c"'f"1lk. IAil~ tk jd./ltr "f J10 A;J,-J,,;.'\4./
co~h J., *" !J.Jytr a.J tlD A21"t .J. f1.c.. ,-I us; "J '
-ifill llf - -
mJ.",,/ K b."",t.r O,'~n.. r;A>I... I et."i;t'~~""
~
(./I~rl r ch...~~ II "
-
~-
9
Agenda Item No. 16A 14
May 25, 2004
: Page 15 of 16
..-.--
.-,..
."".__._--~..-~,
_._~-~ -,.._". -
CONSERVATION COLLIER
Tax Identification Number: 21840000029,21840000045 & 21840000061
EXHIBIT "An
TAX IDENTIFICATION NUMBER: 21840000029,21840000045 & 21840000061
LEGAL DESCRIPTION:
ADDISON ESTATES, LOT 1, 2, & 3, AS RECORDED IN PLAT BOOK 39, PAGE
96-97 IN THE OFFICIAL PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND AS FURTHER DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 7, JAMES M.
BARFIELD'S SUBDIVISION OF LOTS 2, 3, AND 5, IN SECTION 21, TOWNSHIP
52 SOUTH, RANGE 26 EAST; THENCE SOUTH 46030. WEST 1400 FEET TO
THE SOUTHEAST CORNER OF J. L. COLLIER'S LOT; THENCE NORTH 295
FEET TO POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED;
THENCE NORTH 210 FEET; THENCE WEST 369 FEET; THENCE SOUTH 210
FEET TO J. L. COLLIER'S NORTH WEST CORNER; THENCE EAST 369 FEET
TO POINT OF BEGINNING, ALL IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
Agenda Item No. 16A 14
May 25, 2004
11 Page 16 of 16
"..-.,.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase of 3.64 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $486,950.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase CAgreement) between the Board of County Commissioners CBoard) and George
Visnich and Virginia C. Visnich.
CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier
Conservation Land Acquisition Advisory Committee CCCLAAC) recommended Active
Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties
under the Conservation Collier Program.
The Visnich parcel, as referred to on the List, contains 3.64 acres and is located on the east side
of the entry road to Veterans Community Park, just south of Immokalee Road. Conservation
Collier's Purchasing Policy requires that one appraisal be secured for property valued less than
$500,000 and two for property valued $500,000 and greater. Staff s estimated value of the
Visnich parcel was greater than $500,000 so two appraisals from independent, state-certified
general real estate appraisers were secured. Because Real Estate Services' staff appraiser could
not distinguish one appraisal as being more representative of value than the other, the two
appraisals were averaged to establish the $477,500 purchase price. One appraiser gave value at
,- $475,000 and the other at $480,000.
The CCLAAC has approved this transaction and on May 10, 2004, voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total costs of acquisition will not exceed $486,950 C$477,5oo for the
property, $5,700 for appraisals, $950 for the Environmental Task Audit I, and approximately
$2,800 for title commitment, title policy, and recording of documents). The funds will be
withdrawn from the Conservation Collier Trust Fund (172).
GROWTH MANAGEMENT IMPACT: There is no growth management impact because
property is being bought for the Conservation Collier Program.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
,,-..,
Agenda Item No. 16A 15
May 25, 2004
Page 1 of 15
- .._..~.__._---.,.....,...",.,;-"".._",..__..,.".-,;,~""", ." .,-- .,',;_."....."~.,...._--".._..~......_--,'_.,.,,----"- .___ ._ ._~___".....M....'~__.~.~__.......-~.
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase. Visnich
Page 2
2. Authorize Chairman Fiala to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4, Direct staff to proceed to acquire the property, to follow all appropriate closing
procedures, and to record the deed and any and all necessary documents to obtain
clear title to the property.
_0
....-.
Agenda Item No, 16A 15
May 25, 2004
Page 2 of 15
Conservation Collier Land Acquisition Program
Project Design Report
Date: May 1,2004
Conservation Collier Vlsnlch Location Map
North
CoIO.r
HOlpltal
\
It
~
North
Naples
Fir.
Stlti on
Veterans Par1l Southhampton'
"'-
".-
Property Owner(s): George and Virginia Visnich
Folio(s): 00166680102
Location: Across from Veterans Park on the south side of Immokalee Road next to the
Cocohatchee River.
Size: 3.64 acres
AppraisaVOfTer Amount: $477,500
Historv of Proiect:
Recei ved Selected for the Approved for Purchase offer Offer Accepted
application "A" category, purchase by made to owners
#1 priority, on BCC
the Acti ve
Acquisition List
by CCLAAC
_. 7/24/03 12/15/03 1/27/04 4/28/04 4/30/04
Agenda Item No. 16A 15
May 25, 2004
Page 3 of 15
Purpose of Project: Conservation Collier
Pr02ram Qualifications: This parcel met 5 out of 6 initial screening criteria. It contains one of
the unique and endangered priority habitats listed in the ordinance - riverine oak. It also
contains othcr native habitats: upland scrub, pinc flatwood and cabbage palm forest. A plant
species listed as Endangered by the State was observed: Fuzzy-wuzzy air plant CTillandsia
pruinosa). A Gopher Tortoise CGopherus polyphemus), listed by the State as a Species of
Special Concern, was observed on the parcel. This parcel is situated along the banks of a small
creek, the Little Cocohatchee River, which flows to the NW into the Wiggins Pass area. It
provides habitat and forage for wetland dependent species, and can hold and channel floodwaters
away from surrounding developed properties. It has high restoration potential and is connected
to a preserve on its south end CSouthhampton/Stonebridge). Infestation by exotic plant species is
relatively low. This site was highly vulnerable to development under its current zoning of
Rcsidential Single Family. Sce thc Initial Criteria Screcning Rcport for full criteria cvaluation,
Proiected Mana2ement Activities: Removal of exotic plant species, and addition of a low
impact trail with interpretive signs and picnic area next to the river are contemplated. This
activity would require minimal maintenance, which could be contracted through the Parks and
Recreation Department, as the property is within walking distance of Veterans Park.
.,-
-
Agenda Item No, 16A 15
May 25, 2004
Page 4 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-^
Item Number 16A15
Item Summary Recommendation to approve an Agreement for Sale and Purchase of 3,64
acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $486,950. (Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Cindy M. Erb Senior Property Acquisition Specialist
Administrative Services Facilities Management
Approved By
Alexandra J. Sulecki Senior Environmental Specialist Date
Community Development & Environmental Services
Environmental Services 5/11/2004 1 :22 PM
Appro\'ed By
William D. Lorenz, Jr., P.E. Environmental Services Director Date
Community Development &
Environmental Services Environmental Services 5/11/20048:25 AM
Appro\'ed By
Charles E. Carrington, Jr., SRI
WA Real Estate Services Manager Date
Administrative Services Facilities Management 5/11/2004 7:42 AM
Approved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 5/11/20048:27 AM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/11/2004 3:39 PM
Approyed By
Joseph K. Schmitt Community Development &
Environmental Services Admlnstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/11/20048:28 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/12/2004 3:05 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/20049:56 AM
Appro\'ed By
Michael Smykowski Management & Budget Director Date
c""""' County Manager's Office Office of Management & Budget 5/17/2004 8:43 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office Agenda Ite~ni&~0113~S!tM
Mil) 25, 2884
Page 5 of 15
.~~--- ~"'"~_. ~,--,~.._-
CONSERVATION COLLIER
Tax IdentHlcation Number: 00166680102
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between GEORGE VISNICH and
VIRGINIA C. VISNICH, husband and wife, whose address is 429 Ridge Court, Naples,
FL 34108-2602, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address
is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference,
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Four
Hundred Seventy Seven Thousand Five Hundred Dollars ($477,500.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days following
execution of this Agreement by the Purchaser but not later than September 30,
2004 unless extended by mutual written agreement of the parties hereto. The
Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed
by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
Agenda Item No, 16A 15
May 25, 2004
1 Page 6 of 15
CONSERVATION COLLIER
Tax Identification Number: 00166680102
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
.-." required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
- title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall us~maeff@fM lRJo 16A 15
make such title good and marketable. In the event Seller is un ble 0 curEfVt~ 2'5, 2004
2 Page 7 of 15
._"., ---~"'-- _..~,.,,_,.......>>- ....,..,_.,,~'
CONSERVATION COLLIER
Tax Identification Number: 00166680102
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
..to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall be responsible
for any loss or damages occasioned thereby or as a result of Purchaser's entry.
Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to
said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing. -
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller. Agenda Item No. 16A 15
May 25, 2004
3 Page 8 of 15
CONSERVATION COLLIER
Tax Identification Number: 00166680102
-
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
- each of the parties,
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder, Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
.- governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
Agenda Item No. 16A 15
May 25,2004
4 Page 9 of 15
-"-"- ,._h~~,.".__"_.__,,"_ -". '--'.-' ,..,'"., ' ~".'__.N,_,..____
CONSERVATION COLLIER
Tax Identification Number: 00166680102
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof,
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees t~~ifItl~~EtQo. 16A 15
May 25, 2004
5 Page 10 of 15
CONSERVATION COLLIER
Tax Identification Number: 00166680102
promptly of any change in the facts contained in the foregoing representations
,-. and of any notice or proposed change in the zoning, or any other action or
-
-,
Agenda Item No, 16A 15
May 25,2004
6 Page 11 of 15
...----,~....._- _.~..",,- ,- .-...- w..__
CONSERVATION COLLIER
Tax Identification Numbar: 00166680102
notice, that may be proposed or promulgated by any third parties or any
govemmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement') reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in acco'rdance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C, Section 9601,
et seq., ('CERCLA' or 'Superfund'), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ('SARA'), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss andlor damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation Df receipt, Dr by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Telephone number: 239.732.2505
Fax number: 239.213.2960
With a copy to: Ellen T, Chadwell
Assistant County Attorney I
,
Office of the County Attomey
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8400
Fax number: 239.774.0225
If to Seller: George & Virginia C. Visnich
429 Ridge Ct
Naples, FL 34108.2602
Telephone number:
Fax number:
. With a copy' to: j John Aycock
ReaL 5~~ 117 ~ . John R. Wood Realtors
~ G e 0 r'J ( r V,: j ..10\77255 Tamiami Trail North
Vi 5.1\.1; ch . ~I', c.. Naples, FL 34108
(oj-, J Telephone number: 239-659-6146
r Fax number: 239.261-4746
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
6 Agenda Ite No. 16A15
rylay 25, 2004
Rage 12 of 15
i
CONSERVATION COLLIER
Tax Identification Number: 00166680102
in the manner provided herein. For the purPose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the .offer" to purchase represented
by this Agreement is subject to review and recommendation for approval by the
Conservation Collier Land Acquisition Advisory Committee, and acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the sale to the general public, it is hereby
exempt from the provisions of Chapter 286, Florida Statutes.) Agenda Item No. 16A 15
May 25, 2004
B Page 13 of 15
~~. " --
.
CONSERVATION COlLIER
Tn lcIentlllc:etlon Number: 00166&80102
13,10 This Agreement is govemed and construed in accordance with the laws of
the State of Florida,
XIV. ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced 8greements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated ProjecVAcquisilion Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk DONNA FIALA, CliA1RMAN
AS TO SELLER:
DATED:~
WITNESSES:
("
~~~/?~~/~
GEOR VISNICH
C ,v......
~gnature)
~^{'~<. r:;;. Cnu. NC1~~,JQ..
(Printed Name) .
I' . .
. , L .7
(3~~~; <"''"' ,( ~~ L~ : L
VI~ INIA C. VISNICH
;
:
Approved as to form and
legal sufficiency:
, k ~(/~-~
Ellen T, Chadwell
Assistant County Attorney Agenda Item No. 6A15
8 May 25, 2004
Page 1 of 15
CONSERVATION COLLIER
Tax identification Number: OOt66680102
EXHIBIT" A"
TAX IDENTIFICATION NUMBER: 00166680102
LEGAL DESCRIPTION: THE WEST 40 FEET, MEASURED AT RIGHT ANGLES TO
THE WEST LINE OF LOT 15, SOUTHWIND ESTATES,
PLAT BOOK 11, PAGES 16 AND 17; AND THAT PORTION
OF THE NORTHEAST QUARTER (1/4) OF THE
NORTHWEST QUARTER (1/4) OF SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LYING SOUTHWESTERLY AND
WESTERLY OF THE THREAD OF A STREAM, BEING
SHOWN AS "NOT A PART OF THIS PLAT" IN THE
SOUTHWEST CORNER OF SAID SOUTHWIND ESTATES.
--
-
Agenda Item No. 16A 15
May 25, 2004
10 Page 15 of 15
._~,_.. M ,,__ .~~.,_ ..".....~'<A__._.". ".. ""_'.~,v#"__="_'_~~_"~ . ,_ ___'__.~.__._"__,_"N"'___'_____'__
....--
EXECUTIVE SUMMARY
Approve a second amendment to work order number HA-FT -03-02 assigned to Pitman-
Hartenstein & Associates Inc. to include additional design services for a second segment of the
Immokalee Fifth Street Ditch Project (project number 51704) increasing the amount by
$62,240.00.
OBJECTIVE: To receive Board approval to amend a work order for the Immokalee Fifth Street
ditch project to include design, analysis and permitting of approximately 3,400 feet of stormwater
pipe to enclose a second segment of the ditch along the west side of Fifth Street. This segment has
limits between Eustis A venue and approximately 1000 feet south of Doak A venue and along the
north side of Eustis from 9th Street to 5th Street.
CONSIDERATIONS: The Fifth Street ditch is located in Immokalee and runs parallel to Fifth
Street along the west side of the sixty-foot C60') wide road right-of-way. This ditch runs north to
south with the northern limit located at Colorado A venue and the southern limit located
approximately 1,000 feet south of Doak Avenue, for a total length of approximately 3,400 feet. As
part of a neighborhood safety and stormwater improvement project a 600-foot section of this ditch
is scheduled to be enclosed with twin, 48-inch diameter, round concrete pipes. This 600-foot
section is located adjacent to the Immokalee Apartments between Delaware and Eustis A venues.
On April 13, 2004, the Board approved work order no. UC-004 to Kyle Construction, Inc. in the bid
~_. amount of $371,856.59 for construction of the original 600-foot section of ditch. Work is planned
to start in May 2004 with a goal of completion within sixty (60) days.
In February 2003 order number HA-Ff-03-0 in the amount of $45,910.00 was originally open with
Pitman-Hartenstein and Associates, Inc., a civil engineering design firm located in Fort Myers,
Florida, to complete the survey, design, specifications, and permitting for the original 600-foot long
project. In April 2004 this work order was amended, a $13,180.00 increase, for the addition of
construction services by Pitman-Hartenstein and Associates. Construction services were not part of
the original Engineering Services work order because at that time, February of 2003, it was thought
that County Staff would provide in-house construction inspection services.
As completion of the original design work approached. the need for an expansion or second phase
of the project became apparent when additional neighborhood safety issues and stormwater
improvement system needs were identified. The original project scope only included the area along
Fifth Street between Delaware and Eustis Avenues, a 600-foot long segment. A second phase did
not exist when the original project was created.
The design work for the proposed project expansion or second phase is the subject of this second
work order amendment. This proposed amendment is a $62,240.00 increase which will provide for
commencement of planning, design, surveying and permitting of a second longer, segment of
proposed improvements of this same ditch, as well as improvements to a ditch along the north side
of Eustis Avenue from 9th Street to 5th Street. This second segment of proposed improvements are
contiguous to the first segment and will be a continuation and expansion of the same neighborhood
~ safety and stormwater improvement project in the Immokalee Fifth Street area. Commencing this
Agenda Item No, 1681
May 25, 2004
Page 1 of 12
-- _ ^'" ."m~' ._......_,__."'...',,''',.~.."......'''"'...,.'.,. ..., . ,.._n.,
Executive Summary
Imm. Fifth Street Ditch
Page 2 of2
planning and design effort now will sequence an effort resulting in construction of this second and
final phase of improvements during FY 05 prior to the rainy season.
The total proposed work order amendment is an increase from the current amount of $59,090.00 to
$121,330.00 for a total increase of $62,240.00.
FISCAL IMPACT: Funds are available within the County-wide CIP Fund (301). Source of funds
is Ad Valorcm taxes.
GROWTH MANAGEMENT IMPACT: Construction of these stormwater management facility
improvements are in accordance with the goal and objectives of the Drainage Sub-element of the
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve amendment no. 2 to work order number HA-FT-03-02 to Pitman-Hartenstein &
Associates Inc. increasing the total cstimated engineering services fee from $59,090.00 to
$121,330;
(2) Authorize the Transportation Division Administrator to execute the amended work order
number HA-FT-03-02 to Pitman-Hartenstein & Associates Inc.
..-
Attachments: Work Order
-
Agenda Item No, 1681
May 25,2004
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
- Item Number 16B1
Item Summary Approve a second amendment to work order number HA-FT-03-02 assigned to
Pitman.Hartenstein & Associates Inc. to include additional design services for a
second segment of the Inlmokalee Fifth Street Ditch Project (project number
51704) increasing the amount by $62.240.00.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
John Vliet Roads Maintenance Superintendant Date
Transportlon Services Road Maintenance 5/10/20044:25 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/11/20042:36 PM
Approved By
Steve Carnell PurchasinglGeneral Svcs Director Date
Administrative Services Purchasing 5/11/20048:51 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Manager's Office County Attorney Office 5111/2004 11 :26 AM
Approved By
Linda Jackson Contracts Agent Date
- Administrative Services Purchasing 5111/2004 8:45 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5113/2004 1 :26 PM
Approved By
Diane Perryman Executive Secretary Date
Transportlon Services Transportation Services Admin. 5114120048:54 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Offlce Office of Management & Budget 5/14/200410:07 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Offlce Office of Management & Budget 5/15/2004 9: 20 AM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Offlce Office of Management & Budget 5/19120048:58 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19/2004 8:55 AM
Approved By
-
Gerald Kurtz Senior Engineer Date
Transportion Services Road Maintenance- Stonnwater 5/6/2004 5:04 PM
Agenda Item No. 1681
May 25, 2004
Page 3 of 12
."-~"._~-,- '-"'"-'"
-,,,,",,-",..,,.
. .
SCOPE OF SERVICES
.
Immokalee Fifth Street
Ditch Pipe Installation - Phase II
Collier County Stormwater Manal!ement Deoartment
March 15,2004
I. INTENT
To provide design, analysis and permitting of approximately 3,400 I.f. of storm piping to replace the Fifth
Street ditch (between Eustis Avenue and appx. 1000 I.f. south of Doak Avenue) and the Eustis Avenue
ditch (between 91h Street and SIh Street) in Immokalee, Florida.
ll. ELEMENTS PROVIDED BY THE CONSULTANT
The Consultant shall perform the following tasks:
1. Provide design survey of the existing Fifth Street ditch and existing storm piping as necessary to
prepare construction plans for the storm piping between Eustis Avenue and approximately 1000 I.f.
south of Doak Avenue. The design survey for the existing ditch along Eustis Avenue between 91h
Street and Soh Street was previously performed for Phase I by Aim Engineering & Surveying, Inc. in
2003 and will not be updated. Results to be given in State Plane Coordinate System (FL east)
referenced to NAD 83, and elevations are to be referenced to NA VD 88 to coordinate with the Collier
County Property Appraiser's aerial maps and for future use with GPS.
2. Perform drainage analysis for the project as necessary to design the replacement piping. The drainage
analysis will include the following:
a Determine the drainage basin boundaries and prepare a drainage map showing the basin
boundaries. The basin boundaries will be determined using the proposed SUIVey
information, site observation and a review of existing information (aerial photos, USGS
Quadrangle map, FOOT drainage maps, plans, etc.). The drainage basin characteristics
including runoff coefficients and time of concentration will also be determined.
b. Estimate the peak discharge rates for the proposed storm piping using the rational or other
appropriate method in accordance with the guidelines in the FOOT Drainage Manual.
c. Perform a hydraulic analysis of the exiting ditch and proposed storm piping system using
"FlowMaster" and "StormCAD" computer design programs by Haestad Methods. Inc. If
applicable, individual culverts will be analyzed using "HY8" Culvert analysis program by
FHW A. Extended storm event modeling and pond routing analysis are not included.
d. Prepare a report which presents the results of the drainage analysis as required by the South
Florida Water Management District.
e. The drainage analysis will also include design measures as necessary to address water
quality concerns of the South Florida Water Management District. It is assumed that water
quality for the project will be provided by shallow swales located over the piping system
consistent with the design for the segment between Delaware Ave. and Eustis Ave.
Pitman-Hartenstein & Associates, Inc.
--
-
. .
, Prepare construction plans for the proposed improvements as follows:
3.
0_
a. Provide construction plans for the proposed improvements at the 60%, 90"10 and final
completion stages in the design. The construction plans will include plan and profile views
and cross sections at 1 ()() ft. intervals.
b, Prepare technical specifications as required. FDOT Standard Indexes and specifications I
will be referenced in the plans, as applicable. If site-specific characteristics dictate unique i
specs, then the consultant shall develop the specs.
c. Provide required correctiolll or additions to the plans brought about by the County quality
assurance reviews and/or regulatory agency reviews.
d. Provide bid items and a quantity take-off of all quantities needed to bid and construct said
I improvements.
I
I Perform an opinion of probable construction cost for the proposed improvements at the
I e.
90% and final plans stage.
4. Prepare and submit the South Florida Water Management District Environmental Resource Permit
application and supporting documentation including two (2) requests for additional information. It is
anticipated that the project will not require a permit from the U.S. Army Corps of Engineers.
Permitting with the Army Corps of Engineers is not included in this scope and will be provided as
additional services.
5. Project management and coordination including:
a. Coordinate the project with County staff and attend four (4) project meetings.
b. Perform field reviews of the project site to complete the analysis and design of the
proposed improvements.
~-,~ c. Coordinate improvements with the existing utilities and utility companies. If utility
relocations are required, they will be designed and permitted by the individual utility
companies. Plans will be provided to the utility companies at the 60"10 and final stages.
6. Provide bidding assistance to the County limited to attending one pre-bid meeting, providing
clarifications to bidders and addendums.
III. ELEMENTS TO BE PROVIDED BY THE COUNTY
The following items are not included in this scope of services and will be provided by Collier County if
necessary:
1. In-house review of the drainage analysis and construction plans at the 60%, 90% and Final Plans
stages.
2. Payment of all permit application fees.
3. Aerial photographs, legal documents, etc. required for permit submittals.
Pitman-Hartenstein & Associates, Inc.
-
-
-'".'~"
. . I
,
i
I Preparation of an EP A NPDES Notification of Intent for construction.
4.
,
5. Hazardous materials screening and site investigation and/or remediation, if required.
6. Environmental services, including wetland detennination, protected species survey, wetland
mitigation and permitting, if required.
7. The services of an archaeologist, including historical resource investigation and permitting.
8. Geotechnical Engineering services.
9. Structural Engineering services, other than specified in Section Il.
10. Design of roadway, street lighting, or other facilities not specified in Section Il
11. Design of utility relocations.
12. Prepare front end documents and assemble bidding documents.
12. Construction services will be provided as additional services if requested.
IV. PROVISIONS OF WORK.
The Consultant shall furnish two (2) sets of 11 "x17"size plans for all County reviews, to coordinate the
design approvals. Two (2) sets of plans shall be provided to each utility company f agency for coordination
purposes. The Consultant shall furnish two (2) complete sets of approved final plans (I 1 "xl 7"), technical
specifications and bid item list for bidding purposes. The final submittal will also include plans and survey
on diskette (AutoCADD 2000 format). Project and design documentation will be provided in written and
electronic format as appropriate throughout the project
V. PLAN ASSEMBLY
The plan assembly consists of, and includes the following to be provided by the Consultant in the contract
plans preparation:
Plan sheets:
1. Key Sheet
2. Notes & Details
3. Plan & profile sheets (1"=40~;
4. Cross sections
VI. PHASE SUBMlTI ALS
The phase review submittal shall contain the items required as noted above. From the date of authorization,
the phase submittals are due on:
Task Schedule
Survey Four weeks
60% Phase Eight weeks (includes two weeks for County Review)
90% Phase Eight weeks (includes two weeks for County Review)
Final Phase Five weeks (includes two weeks for County Review)
Pitman-Hartenstein & Associates, Inc.
-
---
. .
<-< The Consultant shall prepare written responses to each phase review corrunent acknowledging design revisions or I
providing appropriate justification for design. I
Vll. COMPENSATION
Task m LS or NfE
l. Survey 14,360.00 LS
2. Design Analysis 4,000.00 LS
3. Construction Plans 29,880.00 LS
4. SFWMD Pennitting 8,000.00 LS
S. Project Management 5,200.00 LS
6. Bidding Services 800.00 LS
Construction services to be negotiated later as requested.
TOTAL $ 62,240.00 LS
All tasks with related fees are eligible for work in progress payments.
~
Pitman-Hartenstein & Associates. Inc.
--
<-
~".,- ...."""".....,_.,._""......",_.._-,_.... .,._"..". --.,,,.----
~_.-. . --'-"-."-'-'"'-"-
--
tlntnobIee Fifth sn.t
Ditch P\Ipe IM&aDdcn - PhaM II
CoI;or c:o.ny. Rondo
IlIANHOUIll FEE I!STlMAn
PTIpIndbr "'~"-cIdIIIII. we.
PHA ~ No.: F3O\f
o.:~'$,2Dll4
1-- ~ ......, ~ ......, ~ ......, "'= ......, C<DO ......, ....... ......, T_>n ..... ....
T.. Fw Fw Fw Fw T_ Fw --- Fw -,. T_ "-'-
,. 1-.- " 1100.00 . 5100.00 . ..... . "".. . ..... . ..... " 11,-'0000 112,lIOlX .
>0 '" 1100.00 '" ItOO.OO . ...,.. . "".. . ..... . ..... .. "'00000 I
" ~..... .. ItOOoo . 110000 . ...,.. "" "",.. ,<0 ..... 0 ..... ... S2li 110.00 .
.0 1- <0 1100,00 <0 11OlI,00 . ..... . "".. . ..... . ..... .. $1000.00 ,
SO 1......__ " '\OOtlQ " 1'100011 . ...,.. 0 "".. 0 ..... 0 ..... 52 SSJlXlOO I
SO r.:.o...;.-.,. . 1'0000 0 "(1)00 . ... .. . "".. . ..... 0 ..... I ""'-..
om.!! 2" "0000 .. "0000 0 ..... '" "".. "" ..... 0 ..... .,. "'92!C 00 112._ .
.....or....
P:\F3Dl'.~",
- ---Agt::IH..h:l Ilt::11I Nu. 1681
May 25. 2004
Page 8 of 12
-
i I
! I
i
I
ROADWAY TOTAL 0
"'-"" I>l< GRB Dolo: Mon:IIl! 2C04
"'...-
f':'o7}Ol~""'."Il\T~ l'KAM&no1l
,-
May 25, 2004
Page 9 of 12
.
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: :rMIVlOI~L.EC FI PIH ST~&r PROJECT #: 500 4
BID/RFP #: O(-3.2.~OMOD #: 2- AMOUNT OF THIS CHANGE $ ~ 2, 2.40 I 00
PO #:j5" Cboo ( l29
CONTRACT AMOUNT: ORIGINAL $ sq, Oqo .{)O CURRENT $ 1'2-1,330.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval ~/A Agenda Item # tvlA
Percentage of the change over/under current contract amount 10S- %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE(S):
ORIGINAL: cy / H;-! 03 " II /Odr
.
PARTIES CONTACTED REGARDING THE CHANGE: -r~""$ pol~.c)""" Jh'ul~/O"'\,
~\v.. " f(.;rc"~i"11 ~.) :rM~. ~a.d a-~ I:r,~<t.... bitp;-.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
..r. Proposed change is consistent with the scope of the existing agreement
'(' Proposed change is in fact an addition or deletion to the existing scope
7{ Change is being implemented in a manner consistent with the existing agreement
:L The appropriate parties have been consulted regarding the change
.t. Proposed prices, fees and costs set forth in the change are reasonable -
PROJECT M~RECOHATlON: Date: SI, 0/ C> 4-
APPROVE: ~
DISAPPROVE: Date:
COMMENTS:
Agenda Item No, 1681
Revised 7/22/03 May 25, 2004
Page 10 of 12
,- AMENDMENT # 2
WORK ORDER # PHA-FT-03-02
Agreement for Fixed Term Professional Engineering Services
Dated September 24, 2002 (Contract #01-3290)
This Work Order is for Professional Engineering Services for work known as
Immokalee Fifth Street Ditch Project
To accomplish necessary surveymg. analysis. design and permitting for
enclosing an additional portion of roadside drainage ditch.
The work is specified in the proposal dated 3/15104 Csurvey, design, analysis,
etc.) which is attached hereto and made a part of this Work Order. In accordance
with the Terms and Conditions of the Agreement referenced above, Work Order
#PHA-PT-03-02 is assigned to Pitman-Hartenstein & Associates Inc.
Scooe of Work: o RIG. AMEND. 1 AMEND. 2 TOT AL INCL.
COST COST COST AMEND. 1&2
Design Services
Task 1 Survey $27,350 N/A $14,360 LS $ 41,710
Task 2 Design Analysis $ 3,040 N/A $ 4,000 LS $ 7,040
Task 3 Construction Plans $ 7,320 N/A $29,880 LS $ 37,200
Task 4 Environmental Permitting $ 3,400 N/A $ 8,000 LS $ 11,400
Task 5 Project Management $ 4,200 N/A $ 5,200 LS $ 9,400
Task 6 Bidding Service $ 600 N/A $ 800 LS $ 1,400
Post Design Services
Task 1 Pre-construction Meeting N/A $ 600LS N/A $ 600
Task 2 Respond to RAI N/A $ 1,000 T&M N/A $ 1,000
Task 3 Shop Drawing Review N/A $ 800 T &M N/A $ 800
Task 4 Site Observations N/A $ 6,280 T &M N/A $ 6,280
Task 5 Meetings N/A $ 1,780 T&M N/A $ 1,780
Task 6 Record Drawings N/A $ 1,720 LS N/A $ 1,720
Task 7 SFWMD Certification N/A $ 1,000 LS N/A $ 1,000
Total Cost $45,910 $13,180 $62,240 $121,330
Schedule of Work: Additional Design Services to be completed within 25 weeks
from receipt of the Notice to Proceed authorizing start of work.
Compensation: In accordance with Article Pi ve of the Agreement, the County
will compensate the Pirm in accordance with the established hourly rateCs) as
enumerated in Schedule "A" of the Agreement.
-
Agenda Item No, 16B 1
Page 1 of2 May 25, 2004
Page 11 of 12
^" -_.--- ,",,-'..'-. " ,---~- . <_.~.,.._~~--~
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to Schedule "A" of the Agreement.
PREPARED BY:
Gerald N. Kurtz, P.E., Principal Project Manager Date
Stormwater Management SectionIRoad Maintenance Department
REVIEWED BY:
John Vliet, Interim Director Date
Road Maintenance Department
REVIEWED BY:
Stephen Y. Carnell, Director Date
Purchasing Department
APPROVED BY:
Norman Feder, A.LC.P., Administrator Date
Transportation Services
ATTEST: BOARD COUNTY COMMISSIONERS
Dwight E. Brock, Clerk Collier County, Florida
By: By:
Deputy Clerk Donna Fiala, Chairman
Date:
ATTEST: ACCEPTED:
CCorporate Secretary) Pitman-Hartenstein & Associates, Inc.:.
By: By:
Alan Hartenstein,
Executive Vice President
CPrint Namerritle)
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
Agenda Item No. 1681
Page 2 of2 May 25, 2004
Page 12 of 12
".-..... EXECUTIVE SUMMARY
Award bid #04-3655, Livingston Road (Immokalee Road to Collier County Line) median
landscape improvement construction project to Hannula Landscaping, Inc. in the amount
of $907,201.90.
OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR 881)
from Immokalee Road to the Collier County Line, in conjunction with the Collier County
Landscape Beautification Master Plan.
CONSIDERATION:
1. On March 26, 2004, the Purchasing Department sent notices to 40 vendors for the
landscaping and irrigation installation of Bid #04-3655, Collier County Landscape
Beautification Master Plan, Livingston Road (Immokalee Road to County Line) Median
Landscaping Installation.
2. On April 9, 2004 at 11 :00 am, a mandatory pre-bid meeting was held, at which time all
prospective bidders had questions answered regarding the bidding documents for this
project.
3. On April 27, 2004, 2004 at 2:30 p.m. three (3) bids were received and opened.
4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder,
and recommends award of this bid to Hannula Landscaping, Inc.
Staff recommends awarding the contraCt to Hannula Landscaping, Inc. with a base bid amount of
$883,127.90. Staff also recommends Including in this award, Section V Bid Alternate Item #3,
Mulch (Pine Straw) for $18,774.00, Section V, Bid Alternate Item 7, Individual South Horida
~...-...' Water Management District well permitting for $5,300.00. Staff recommends awarding alternate
items in the additional amount of $24,074, for a total award of $907,201.90.
FISCAL IMPACT: Total funds needed are $974,914.49, Funds in the amount of $470,000 are
available in Transportation Supported Gas Tax Fund 313 Livingston Road (Immokalee Road-
County Line). $867,555 was budgeted in the Landscape Master Plan, $397,555 was used for
Everglades Pathways and US 41 Street Lighting Projects as a loan from the Livingston Road
Landscape Project. With the low base bid amount and alternates, the total amount needed to
award this bid to Hannula Landscaping, Inc. is $907,201.90.
County costs for the Motorola Central Control Irrigation components ($24,482.39), surge
protection ($1,579.20), effluent tapping fees ($851), right-of-way permitting ($600,00), and
Florida Power & Light electrical connections ($40,200.00) that total $67,712.59.
A budget amendment in the amount of $504,914.49 is needed from the Transportation Supported
Gas Tax Fund Reserves. Source of Funds are Gas Taxes. The additional funding is needed due
to the unanticipated cost of electrical connections and trenching, SFWMD pennitting
requirements, and additional median width greater than the average IT width addressed in the
Master Plan.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board award Bid #04-3655, Livingston Road (Immokalee
Road to County Line) median landscape improvement construction projeet to Hannula
Landscaping, Inc., approve the necessary budget amendment, and authorize the Chairnlan to
~.. execute the standard contract after review by the County Attorney's Office.
Agenda Item No. 1682
May 25, 2004
1 of 21
~,.,---",,,,~,,",,,,.,~.,,;,,"~.,,.,,"""'-"---"._-'",. -
Executive Summary
.'."""" Page 2 of 2
Exhibits: 1. Bid Tabulation, 2. Motorola, 3.Hit Product, 4. Water meter tapping fees, 5. Simmonds Electric
."'-
.-
Agenda Item No, 16B2
May 25, 2004
2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 1682
,.-"-
Item Summary AwnrcJ b:d #04-3655. livingstofl Roud (IrnmoKC:ileu Road 10 ColliE;!" CQunty Linu)
mediclf~ landscapE: irnpfOVemEtnt cOI':$tn.,don pro;l!cl to Hal~rtlJja Land6capir~g.
Inc, in the emount of $907,201.90.
Meeting Dale 5;25/2004 900:W AM
Prtpared By
Pamela J. Lulieh Project ManaQer
Transportion Serviees Tmffic Operations/ A 1M
Approved By
Traf'fle O~radon. and Alt Trans Date
Olano B. Flayg Modes Director
Transportion Services Traffic Operations; A TM 5112/20044:12 PM
Approved By
Lyn Wood Purchasing Agent Data
Administratiye Sel'\'ices PlJrchasing 5/1212004 11 :08 AM
Approved By
Sharon Newman Accounting Supervisor Cate
Transportion Services Tran.portallon Adminls.tration 5/12/200410:41 AM
Approved By
Pamela J. Lunch Project Manager Date
Transportion Serv1ces Trattlc Operations! A TM 5/121200410:21 AM
Approved By
Steve Cilime!l PurchasingfGC1leral S'Vcs Direc.tor Dam
Administrative Servk.Bs Purchasing Si13J2004 9:19 AM
Appro...d By
Norm E. Feder, AICP Transportation Division Ad:"flinistriStor Date
-~ Tramsportion Services Transportation S.rvices Admin. 5;13120041 :29 PM
Approved By
Diane Perryman Executi",. Secretary Date
Transportion Service.s Transportation Services Admin. 5114120048:55 AM
Approved By
Pat Lehnhard Administrative Assisrant Oattt
County Mar.ager's Office Office of Management & Budget 51141200410:13 AM
Approved By
Susan Usher Senior Mar.agementlSudget Analyst O.t.
County Manager's Offic.e OfficI of Management & Budget 5114110044,40 PM
Appro,.ed By
Michael SrYlyko'tNskl Management & Budget Director Data
County Manager's Office Ortice of Management & Budget 5/U12004 10,01 AM
Approved By
JanIe. V. Mudd County Manager Date
Board of County County Man3ge""s Office 5;18120044:45 PM
Commlssionnrs
,-
Agenda Item No. 1682
May 25, 2004
30f21
.__..____ __....~..._,___._._^__,."H
Bid 04-3655 CIC Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
Arazoza Hannula Vila & Son N"<:t...-
COON
coO.....
COLLIER COUNTY LANDSCAPE BEAUTIFICATION ...-NO
MASTER PLAN LIVINGSTON ROAD Qu)"<:t
ZN
.-._----_. EiO'
(IMMOKAlEE ROAD TO COLLIER COUNTY LINE) 2~
I. GENERAL PROJECT ITEMS ro
-..-..-.........-..--- "'0
Item Description c
Q)
0>
1 Payment and performance bond <(
Unit Cost (LS) $15,900.00 ~J?~~?~: 00 $9,350.00
.----------.-.-.. Total Cost (1) $15,900.00 $12,875.00 $9,350.00
2 Maintenance of traffic
.---....................-.......
_. Unit Cost (LS) $21,450.00 $10,925.00 $21,000.00
_Total Cost liL. $21,450.00 $10,925.00 $21,000.00
3 As-built plans (Provide and maintain per contract documents)
____......._..h._._...... _ ................. ........ mh_ ..............._ ......._...._.__.._.._..
Unit Cost (LS) $1,000.00 $800.00 $1,000.00
Total Cost(1) $1,00_0.00 $800.00 $1,000.00
Subtotal Section I, Items 1-3 $38,350.00 $24,600.00 $31,350.00
II. SITE DEMOLITION, PREPARATION, MAINTENANCE
AND DISPOSAL
.. .. ._._.___.".._....._....m."'_ .hmmh.._...._...._.__.._.........__._._..... ......._..._h__
1 Remove existinq soil and Bahia Grass to a 4" depth
Unit Cost (CY) $18.27 $14.60 $23.80
-- - Total Cost(3,616) $66,064.32 $52,793.6Q_ $86,060.80
2 Rotor till existing soil within proposed plant bed areas to an 8" depth
.__....
Unit Cost (SF) $0.13 $0.08 $0.07
---. -_.__..
- Total Cost (111,875) $14,543.75 $8.950.00 _n__~?,~~L~~
3 Locate existing~e~ving_
--.---.--- . -- ---- ---....-..--..---
Unit Cost (HR) $60.00 $89,00 $95.00
,----'--""'---' .._._.m.......nm_....__........_...._.._.._......._.....__....._..__........_..__,......____ ...._..._._......._... mon._ ......mmmm......_._........................._........._.._..._.__
Total Cost(16) $960.00 $1,424.00 $1,520,00
Page 1 of 13
Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lullch Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
N"<:t..-
Arazoza Hannula Vila & Son COON
....---_.. (CO_
li. SITE DEMOLITION, PREPARATION, MAINTENANCE ..-NO
. Lri'LO
AND DISPOSAL Con't ~N
Item Description Eia'
2::E
4 Imported Soil ro
"0
Unit Cost (CY) $32.00 $14.90 $31.30 c
Q)
Total Cost (1) C)
$32.00 $14.90 $31.30 <(
5 Manual irriaation
._...........m....... . Unit Cost (Day) $250.00 $575.00 $225.00
Total Cost (1) $250.00 $575.00 $225.00
"._""._,'m',__ _
() Water Truck
Unit Cost (Dav) $400.00 $660.00 $450.00
.
.,.-.-..,... ... Total Cost (1) $400.00 $660.00 $450.00
-
'7 Rock Removal
___........_m....._._.
___............................... ...._............_..........._Unil...9.Qst(T on) --. $150.00 $138.00 $150.00
. ....................
.~. Total Cost( 1 )
- $150.00 $138.00 $150.00 i
.......- Subtotal Section II, Items 1-7 $82,400.07 $64,555.50 I
$96,268.35
-- III. PLANT MATERIALS I
(Final specifications per plan plant schedule) --.-.-.-----.---.....----.....--.. ..........-..--... ...-.-...---..........................----- . .----.............
(Plant unit prices to include planting soil mix backfill per specifications)
TREES
1 BB-Bucida buceras 'ShadY Lady'-Shady Lady Black Olive
Unit Cost (EA) $322.00 $277.00 $243.50
.__"I~..~LG.Q.~t.{1..?.Q) ........~~~&~Q.:Q.Q ...._..._.~;3...~!?..iO'..~.QQ. _.....$.?~,220.00
2 BK-Bauhinia blakeana-Hona Kana Orchid
-_......-.._............~._._.._. U.nit Co~!J~~) _._.....___.._~J!l_?.5Q -- $158.00 $167,00
Total Cost (94) $18,095.00 $14852.00 $15.698.00
Page 2 of 13
I I. I.
Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27. 2004 Addendum #1 N-.:t.....
COON
Arazoza Hannula Vila & Son <00_
__~_'m ...-NO
III. PLANT MATERIALS Can't ciLri'<O
-. _m._ -, .-- --- ZN
(Final specifications per plan plant schedule) .......- EfO
Item Description .$~
_h.. -- co
TREES Can't "'0
-........... n..~_ C
3 CS-Cassia surratensus-Yellow Cassia Q)
Ol
-_.. - <t:
......- Unit Cost (E~ .... $175.00 $158.00 $206,00
_mm Total Cost (112) $19,600.00 $17,69~:99 $23.072,00
4 IA-lIex attenuata 'East Palatka'-;',!3st Palatka Holly
- .-
--..... _. - Unit Cost (EA \ - $184.00 $164.00 $182.50
Total Cost (50) $9,200,00 $8,200.00 $9,125,00
5 KE-Koelreuteria elegans-Golden Rain -r:ree
. ....... .. -.
".-. Unit Cost (EA) $184,00 $158.00 -.- $174.50
Total Cost (100) $18,499:.00 $15,800.00 $17,450.00
6 LL-Ligustrum lucidum- Tree Form Ligustrum
_h__ .. -....
---........ Unit Cost (EA) $287.50 ..-- $297.00 $174.50
Total Co~!(~O) $8,625.00 $8,910.00 $5,235.00
7 MG-Maanolia 'D.O. Blanchard'-O.O. Blanchard Maanolia
--....
Unit Cost (EA) $239~90 $178.00 $166.00
...- Total.g9~t (31) $7,130.00 $5,518.00 $5,146.00
8 QV-Quercus virginiana-Live Oak
I .. ........... ....-
...... -- Unit Cost (EA) $517.50 $465.00 $444,00
Total Cost (106) $54,855.00 $49,290.00 $47,064.00
Page 3 of 13
I
Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1 N-.:t......
COON
Arazoza Hannula Vila & Son c.oo_
- ......NO
III. PLANT MATERIALS Con't 0..01'--
----. - _.. ZN
(Final specifications per plan plant schedule) -_... E~
Item Description 2~
ro
TREES Con't "0
c i
....- 0)
9 *QV-Quercus virainiana-live Oak 0>
-." <t:
- Unit Cost (EA) $194.00 $103.00 $94.50
--.- -
Total Cost (10) _... $1,940.00 $1.030.00 $945.00
*Donated material to be supplied by Collier County. ..
,,',''<i. Contractor t~J~rovide cost for installation only
..
~._.. of 10, 65 gallon Live Oaks. _h._. ..
~o TA-Tabebuia pallida-Pink Tabebuia Tree '"
-. Unit Cost (EA) $168.75 $148.00 $205.50
Total Cost (40) $6,750.00 $5,920.00 $8,220.00
PALMS
.' -
"11 RE-Rovstonia elata-Florida Royal Palm ....m
-. -... Unit Cost (EA) $1,125.00 $E!.~3.00 $751.00
..... Total Cost (30) $33, 7~0.00 $20,790.00 $22,530.0.9
12 SP-Sabal palmetto-Booted Cabb~ge Palm .-.... ...
--..- Unit Cost (EA) $170.00 $113.00 $170.00
... Total Cost (399) u__ $67,830.00 $45,087.00 $67.830.00
..."-'-
SHRUBS
.-..... ..
13 BOU-Bougainvilla 'Helen Johnson'-Helen JohnsoQ.. Dwarf Bouaainvilla ..-.- I
Ul]it Cost (E.A) $9.0.0 $9.~1 $8.70
Total Cost (1121) $10,089.00 $11,097,90 $9,752.70
Page 4 of 13
I ! I
-- !
.........-----.-...
Bid 04-3655 GlC Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1 N.q-.....
COON
Arazoza Hannula Vila & Son <00....
.....NO
III. PLANT MATERIALS Con't . u) ex:>
-- "h_h .....- ~N
(Final specifications per plan plant schedule) .-.....- E~
Item Description 2~
___. . m._ - -. co
SHRUBS Con't "0
- C
, Q)
14 IXN-Ixora spp. 'Nora Grant'-Nora Grant Ixora O'l
---- <(
Unit Cost (EA) $6.75 $7.45 $7.55
-
Total Cost(814) $5.494.?O $6,064.30 $6,145.70
...-.
15 JAW-Jasminum simplicifolium-Wax Jasmi~e -- --._-
------
--- -- Unit yost (EA) $6.75 ~.7-95 $7.55
-. .m_. Total Cost (460) $~.1 05,00 $3,657.00 $3.473,00
16 JAS-Jasminum multiflorum-Downev Jasmine -..... -
-...... Unit Cost (EA) - $6.75 $7.42 $7.55
_.... Total Cost (1284) ._____ $8,667.00 $9,527.28 $9,694.20
17 MUH-Muhlenbergj caQallariensis-Muhly Grass
- - ......-
........ ..-...... Unit Cost (EA) m.._ $6.75 $7.42 - $8.00
Total Cost (1559) $10]523.25 $11,567.78 _~12,472.00
18 NER-Nerium oleander 'Dwarf Pink lce'-Dwrf Pink Ice Oleander
..... - Unit Cost (EA) $7.88 $7.90 - $8.00
--..
Total.Cost (606) $4,775.28 $4,787.40 $4,8~8.00
~ PHI-Philodemon selloum-Split leaf Philoden~ron ---....- ..-..-.
- Unit Cost (EA) $7.88 $7.40 $7.60
..._h....
Total Cost(585) $4,609.80 $4,329.00 $4,446.00
Page 5 of 13
Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
Arazoza Hannula N~"""
Vila & Son mON
-~.' COO-
III. PLANT MATERIALS Can't ......NO
... .-- cilri'm
(Final specifications per plan plant scheduleLn.. _._.._. ZN
E~
Item Description 2~
GROUNDCOVERS ro
"'0
20 IVN-lIex vomitoria nana 'schillinQs'-lIex Schillings c
~._....-.. Q) i
0) I
Unit Cost (EA) $8.00 $8.92 $8.70 <(
n. .
Total Cost (3063) $24,504.00 $27,321.96 $26,648.10
--------..
21 JUP-Juniperus chinensis 'Parsonii'-Parson's Junioer
.,', Unit Cost (EA) $7.00 $7.45 $8.00
._...._..___lotal Cost (2340) $16,380.00 $17,433.00 $18,720.00
22 RAP-Raohiolepis indica-Indian Hawthorn
, .,' _ mO_____. Unit Cost (EA) $7.31 $8.42 $8.00
- Total Cost (3309) $24,188.79 $27,861.78 $26,472.00
,~ MISCELlANEOUS
. .. -
i 23 SF-Stenotaphrum secundatum-St. Augustine Floratam Sod_...n....._...n_.n_.._
- Unit Cost (SF) $0.30 $0.27 $0.30
....--
Total Cost (178875) $53,662.50 $48,296.25 $53,662.50
..-
24 SF-Paspalum notatum-Bahia Sod .--.-----........... .......-.. ..._~_._---_.
Unit Cost (SF) $0.18 $0.17 $0.17
.....
Total Cost (+/- 37000) $6,660.00 $6,290.00 ..~~!?90.0Q
Subtotal Section III, Items 1-24 $457,474.12 $404,566.65 $434,159.20
.-. --.---.----
Subtotal Sections I-III $578,224,19 $493,722.15 $561,777.55
Page 6 of 13
I
Bid 04-3655 ClC landscape Beautification Master Plan Project Manager: Pam lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Dale Posted: March 26, 2004 Packages Received: 3
Due: April 27. 2004 Addendum #1
N-.;t......
Arazoza Hannula Vila & Son COON
(00.....
.-..--..---..-.-..... ---.........-----.------..--. ......NO
IV. IRRIGATION MATERIALS . .0
_._--_. oLl)......
Item Description ZN
.-------..--..---.--.---- --------- E~
1 8- Irrioation well with Hoover .t!.~E~JQeJ?:.?~.Q'-~:.w'-~,-~Q.t!P-.----------------.----------- 1------------------ 2~
..---------...-...... .....-......... ._...._._.m.._.._...._._._____....
submersible pump station with protective fiberQlass enclosure. ro
'0
To be installed at system #2, 3, 4 includino concrete forms. c
Q)
..-.--------.----_.- Ol
To include electrical installation and electrical permitting fees <t::
-~-- Unit Cost (EA) $33,834.24 $19,300.00 $21,200.00
Total Cost (3) $101,502.72 $57,900.00 $63,600.0Q
...-..----.............-..
2 Motorola Irrinet and Scorpio Controllers.
..---- _!!~C:!_ valve and wiring connections only.
Unit Cost (EA) $234.00 $147.50 $250.00
..... Total Cost {4J $936.00 $590.00 ..."
$1,000.00
-.------...
3 Hunter MW F, Mini-weather_~~_~i21)_""'itbr?_i.I),~r'I_~_.l:Il)~J~~~.:z.:~_..~_~r'I~.9~..:_......__....__.._.._....
"_______._.... ___........__._m..._.... _.. ..... -.....-......-..-.---.-- ---
Unit Cost (EA \ $176.33 $252.00 $195.00
- - Total Cost (4) $705.32 $1,008.00 $780.00
4 1120-1220 3" Class 200 PVC gasket main line, purple color.
--------------..---...-----.- . Unit _Q..os.li.LF) --- $3.99 $4.50 $5.75
Total Cost (15500) $61,845,00 $69,750.00 $89,125.00
Page 7 of 13
I
Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
N-.:;t......
Arazoza Hannula Vila & Son mON
u .._m_ - -------.-.-- (00_
IV. IRRIGATION MATERIALS Con't ......NO
. -......
...,.-~..........--_.__..._. .. OLO......
Item Description ZN
- EfO
5 HOPE - Class 150 SDR11 Extra molecular str~_I'}9.th 6" irrigation sleeve/casing. 2~
Unit Cost (hE) $34.99 $26.40 $27.00 co
"0
Total Cost (55) $1,924.45 $1,452.00 $1,485.00 c
Q)
Cl
6 HOPE - Class 150 SDR11 Extra molecular strenoth 4" irrioation sleeve/casino. <(
.-.................-.
Unit Cost (IF) $25.57 $15.50 $16.50
).'t Total Cost (911) $23,294.27 $14,120.50 $15,031.50
7. HO~E - Class 150 SDR11 Extra molecular strength 2" irrigation sleeve/casing.
- Unit Cost (IF) $16.15 $10.45 $11.25
.......-..--
Total Cost (214) $3,456.10 $2,236.30 $2,407.50
; :9 Hit l-HHRP, Hand held receiver programmer. .......-...'..
Unit Cost (EA) ~?~3.43 $202.00 $260.00
Total Cost (1) $343.43 $202.00 $260.00
, 10 Hit l-RP, Zone valve/station loqic s~te!.11 programmable receiver.
.- Unit Cost (EA) $98.77 $60.00 $65.00
Total Cost (135) $13}333.95 $8,100,00 $8,775.00
_u
11 AWG 10 Gauoe Solid copper insulated control wire suitable for direct __.~._.m _.__n .
burial installation.
--
Unit Cost elF) $0.50 $0.76 $0,65
. -..-..-.. m
-- Total Cost (31500) $ !~!I?Q:.90 $23,940.00 $20,475.00
__m_u_
12 Hit 182000, 5/8"~_?, Two-Wire System Grounding Rods & other __
hardware ~ecessary.
Unit Cost CEA) $93.69 $165.00 $50.00
_--u- I
I Total Cost (105) $9,837.45 $17,325.00 $5,250.00 I
I
!
i Page 8 of 13 I
,
,
( i
I ! I
,
_______._____1 j
.,..........H............._._.__. .. --.....--.........,.................. I
i
,
Bid 04-3655 C/C landscape Beautification Master Plan Project Manager: Pam lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
N"<:t.....
Arazoza Hannula Vila & Son (!JON
(DO_
---_.. ---.-..--.-.-..----.-.....-.-.-.-..--.-.-...-.- .....NO
IV. IRRIGATION MATERIALS Con't ciLri'N
Item Description ZN.....
.-.- EfU
13 Irrigation Main Pressure-Check Point~.=._._.._.____m...._ 2~
Unit Cost (EA) $167.30 $163.00 $45,00 co
-0
Total Cost (18) $3,011.40 $2,934.00 $810.00 c
Q)
.-.--- Ol
14 Irrigation Main Blow-Ofts. 3" & 2" valve. <(
- Unit Cost (EA) $167.30 $368.00 $125,00
--..---.--..-.-----... Total Cost (8) $1,338.40 $2,944.00 $1,000.00
15 Nibco MJ619-RW-SON, 619 Series 3" Irrigation epoxy coated isolation valve ---_.
Unit Cost (EA) $307.34 $485.00 $360.00
---...-.-.--.-..--
______!Qtal Cost(!...~J -- $5,532.12 $8,730.00 $6,480.00
16 L R Nelson 7644, 1" Irrigation quick coupling vaIY.E!=___ --
-.............................-..........--.-- Unit Cost (EA) $113.70 $189.00 $95.00
Total Cost (54) $6,139.80 $10,206.00 $5,130.00
17 2, green color reflective pavement markers at top of curb at each quick
coupling location -.
Unit Cost (EA) $40.00 $8.85 $8,30
Total Cost (108) $4,320.00 $955.80 $896.40
.-.-..-.......--..-....-....--
18 LR Nelson 7641 Irrigation quick coupling valve key with corresponding
swivel ell. .. 1---
, $107.56 $62.00 $35.00
..._--_........................-.-..-.._------_.- Unit Costlst-J .h_________....
...________ ......_.m.m....__.......
Total Cost (13) $1,398.28 $806.00 $455,00
Page 9 of 13
Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1 N-.:t~
Arazoza Hannula Vila & Son COON
(00-
.- _.. - .- ~NO
IV. IRRIGATION MATERIALS Can't Qui('/')
_,_no" ........ ZN~
Item Description EfO
19 Taro 220-27-X-5, 220 Series, brass 1.25" Electric solenoid valve with 2~
l ,m'_,_
EZ Rea oressure r~ulator, and Red White 206 Series 1.25.~_ ro
-0
---.........-.. c
isolation valve at inlet. Q)
C>
..-..- <(
Unit Cost (EA) $261.40 __~~~8.00 $330.00
.......
Total Co~t(135) $35,289.00 $48,330.00 $44,550.00
20 Taro XP300-12P-XXX-XX, XP-300 Series.J~" High Pop-up
_ m__.._
.""~ multi-stream rotor head.
"'- Unit Cost (EA)
--.- .~-'.-' $154.45 $87.00 $75.00
_._-
,,' Total Cost(181): $27,955.45 $15,~4.!.00 $13,575.00
.- 21. Toro 34XX-12P-XX, 340 Series 12" High'POD-UO multi-stream rotor head.
- . .
..
..-...--~ Unit Cost (EA) $51,30 $92.00 $75.00
,_.._._....~
.. I Total Cost (20Q) $10,260.00 $18,400.00 $15,000.00
..
-, 22-- Toro 570Z-12P-SI-PRX, 570Z XF Series 12" High Pop-up Spray Head
with XF X-Flow shut-off device.
. .-.
f--._- - Unit Cos.tti::A) $34.82 $42.00 $42.00
...uh ....... Total Cost (757) $26,358.74 $31,794.00 $31,794.0_Q
23 Toro 57Q?-6_P-SI-PRX, 570Z XF Series 6" High POQ-uo Sorav Head
___m_.."
with XF X-Flow shut-off device. -
-........ ..
___n __n_"__ - Unit Cost (EA) $34.82 $36.85 $36.50
Total Cost (819) $28,517.58 $30.180.15 $29,893.50 !
!
i
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I
Page 10 of 13 I
I
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I I I !
nO- I
Bid 04-3655 ClC Landscape Beautification Master Plan Project Manager. Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
N'<t......
Arazoza Hannula Vila & Son COON
--.---....-.-.... .. <00_
IV. IRRIGATION MATERIALS Con't ......NO
_..____..__.... ........__.._~_....._m_. ...-....-.....-.-.---.-..--.--. oLri'<t
Item Description ZN......
----_.. E~
24 T ora FB-PC series bubblers for designated trees/oalms, (1) bubbler per tree. 2~
Unit CostJEA) $51.30 $32.00 $38.00 ro
- "'0
Total CosU675) $34,627.50 $21,600,00 $25,650.00 c
Q)
en
25 Install controller adapter -<
--...................-...-...-.--.-
Unit Cost {'=-~) ______~J-t?67 .4~ $155.00 $850.00
Total Cost (1) $2,567.42 $155.00 $850.00
Subt<?!~'--~~_~!!!?n IV, Items 1-25 $420,244.38 $389,405.75 $384,272.90
Total Base Bid, Sections I-IV $998,468.57 $883,127.90 $946,050.45
.. -------
.--...........-
Page 11 of 13
Bid 04-3655 CIC Landscape Beautification Master Plan Project Manager: Pam Lullch Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27. 2004 Addendum #1
N'<tT"""
Arazoza Hannula Vila & Son alON
(00_
.-... T"""NO
V. BID ALTERNATES . -10
-----.-...........---....--... ~........_......._......... ..............---.. ........-----...-...--.--..---.--.- OIOT"""
Alt# Description ZN
Grade 'A' Eucalyptus mulch (Fluffed 4"_.Q~,,-~bL E~
1 2~
Unit Cost (CY) $45.00 $52.30 $52.40 ('0
"0
Total Cost (1386) $62,370.00 $72,487.80 $72,626.40 c
Q)
C)
2 Melaluca mulch (Fluffed 4" Depth) <(
. ......-.........-............. .......-.....-............-..........-..-...-- .-
Unit Cost (CY) $30.00 $31.00 $33,70
To~al Cost (1386) $41,580.00 $42,966.00 $46,708.20
3 Pine Straw Mulch (Fluffed 4" Depth)
- Unit Cost (Bales) $7.50 $6.30 $6.35
.-- Total Cost (2980) $22,350.00 $18,774.00 $18,923.00
~ 3........ Removal of Rock
,-- Unit Cost (CY) $150.00 $138.00 $200.00
..........-.......-.
.-. Total Cost (1) $150.00 $138.00 $200.00
4_ Install Bio-barrier, 4407-006, 19.5" root barrier adiacent to sidewalk
per specifications !
I
- -- I
Unit Cost (IF) $6.00 $5.90 $5.50
.~......._. Total Cost (3080l $18,480.00 $18,172.00 $16,940,00
5 Hoover HCF-7.5D-A, W, N, 7.5 HP Booster pump stations by Hoover
Pumoina Systems -------.-.
--..--- Unit Cost (EA) $11,771.11 $10,900.00 $11,200.00
_.
Total Cost (1) $11.771.11 $10,900.00 $11,200.00
I
,
I
Page 12 of 13
i i
i \ {
Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager. Pam Lulich Notices Sent: 40
Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3
Due: April 27, 2004 Addendum #1
N'V"-
Arazoza Hannula Vila & Son (()ON
coo....
..-..-.................... ..-NO
V. BID ALTERNATES Can't oLri'co
---.--..............---. - ..--...-
Alt# Description ZN"-
.- -.... E~
6 General South Florida Water ManaQement District well permiWnQ 2:2:
. ..---..........-..-.-.-..--.--
Unit Cost (LS) $2,000.00 $2,750.00 $2,875.00 co
"'0
Total Cost (1) $2,000.00 c
$2,750~Q.Q $2.875,00 Q.)
0'1
7 1.I.:'~iyi~!Jal South Florida Water ManaQement District well permitting <(
~---' ..
Unit Cost (LS) --- $12,000.00 $5,300.00 $12.500.00
Total Cost (1) $12,000.09_ ___.._._~5,300.00 $12,500.00
Total Section V, Alternates 1.7 $170,701.11 $171,487.80 $181,972,60
- u_.____
MATERIAL MANUFACTURERS Y Y Y
- .
LIST 'OF SUBCONTRACTORS Y Y Y
._------------
STATEMENT OF EXPERIENCE OF BIDDER Y Y Y
--- ._..___.____........... on ...----".-...-.-
TRENCH SAFETY ACT y Y Y
.. .
CONFLICT OF INTEREST Y Y Y
BID BOND Y Y Y
. .
Addenda Acknowledged_..(Yl~ Y Y Y
---.......... .................-
..-.--.
Agent: Lyn Wood ----.
Witness: Sue Hebbe
_.~--_.........._.............._... .-...................._- -_.
......----..-- .
Page 13 of 13
.._......
I, t .' I ~ t f.
.
,
.
;
.
.
$12,931.Ij 1
!
$0.00 !
"-y,..~
<
$J2,931.JS I
~""" .._....._....___~ _.wt
~- -
~-,-~- ,
" T - -' -,,-'-' --.--.';
\ I DUEDATE . 1 PROJECT \
. I' ...J
. ~~.. .~.~. ..<~,,- "(..-- .,-'~
! t ~412004 1
1- ITEM "'l .<< . 'DEsCRIPTION !
r'--~;mpton u (~ec toC~ tine) ~iJet" i
lmuA I~Ac2W_(-''''MFh)~IIOJ I 1,435.94 4.3(YU2 i
1V314AE lSCORfllOAClIOEXrANSlONKtT 2'Z.'i.OO " 675.00 It
58-24SS .24- SS ~'. i 1.446.20 . 4.338.60
1 rED-24SS 124" W-12"H-IO"D STAlNl.ESS STEEl. fED l 048.44 ; t'i41.44 i
; NM04000 !1..ow 'P'rofik Ul-W4S0-410 MH~3db Mobile Antet'l1\l. wI i 1\ 1.38 1 11 t.38 I
\ I Cable and (;omla:I.on ! i
I MLM-AC' I MOTOttOLA AC SwtTCHABLE OUTI'\JT 11 245,00 I 1,470.00 i
I pR.0TEC110N . '!
j; \ '
; I j I ' I
! I I .
I' : r ' I
I 1 ,!
I · '
I I ' : :
l · ' I '
i' Ii' j
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I! '.
I '; ..,_,__._,~ -, ".-,-',." ',r ,...."..-,'
j lNSTALU\TJO'N IS NOT INCUlDEO. '
1 .'
\ ; $11.55U4 1
'---.....__;~_..._ ' " _ ..__... ..__... ...L.-......, ,-.--........'- '.. '.---- ...."........;
, ' I'
I .00
.,.--..,..-. . --, -.--'-' "--j
! t
\ TOTAL $11,S51.24 i
1.-"'_" ............._~ .,.._._.' _A'____~.'
AuthorlzM Agenda It'im No. 1682
MOTOROI.A May 2158 ~?gt
SlUes 6' Snvke .
,I' ' -. --
" ~~! : . , ''';',,*.'
-- ~...,> ....,~."..-~-~,"_... " ~"",._-,"-",.,,,~., ,
COLLIER COUNIY PUBLIC UTILITIES DMSION
3301 E. Tamiami Trail · Naples, Florida 34112 · (259) 732-2575 · FAX (239) 732-2526
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road, Phase IV (Immokalee to County Line)
Effluent Irrigation Meter Sizing
To Whom It May Concern:
Our office has reviewed the revised preliminary eftluent irrigation meter sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged.
Tfyon have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Si~
~
. .
Barbara A. Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 1682
May 25, 2004
~.. 20 of 21
c:;. <> ( . ( "I' ; " " c:;. 0 u ., to Y
--,.".--........ -
- -.' . -. -. .... - .
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EXECUTIVE SUMMARY
Adopt a resolution authorizing the acquisition of property by gift or purchase for
the purpose of assembling land to facilitate improvements to canals and
properties in the East Naples area specifically located within the Lely Area
Stormwater Improvement Project. Fiscal Impact: $387,000.
OBJECTIVE: To approve a Resolution authorizing the acquisition of real property interests by
donation or purchase, in fee simple or easement, to enable County staff and contractors to make
various improvements to the stormwater management system within the East Naples area.
CONSIDERATIONS: In February of 1992, the Board of County Commissioners accepted a
progress report outlining proposed capital improvements in the Lely Canal and Lely Manor
Basins. These improvements are critical to both create and improve the treatment and control of
stormwater within the continually developing East Naples area. Although, the acquisition of
parcels has been occurring over the past decade at an intermittent pace, the problematic flooding
in that area has created a more urgent need for remediation by facilitating the construction and
maintenance of both retention and detention sites. The land incorporated within the Lely Area
Stormwater Improvement project is an area that includes a mix of residential, commercial and
-, light industrial use properties. Some areas are fully developed while other areas have
experienced limited or no development. The parcels acquired to date have been donations and
purchases by willing sellers/grantors.
A number of property owners in thc East Naples area have expressed an intcrcst in cithcr
granting or selling an easement or their entire parcel to the County for this Stormwater project.
Therefore, staff is recommending that the Board approve a Resolution to authorize the
acquisition of land by donation or purchase within the Lely Area Stormwater Improvement
Project boundaries as depicted in Exhibit "A." The resolution delegates certain authorities to the
Commission Chairman, and provides some blanket authorizations to staff to expedite the
acquisition process and eliminate duplicative tasks and reduce the need to revisit the Board with
consent agenda items requesting ministerial approvals.
FISCAL IMPACT: The fiscal impact of the project is not anticipated to exceed $387,000
inclusive of acquisition, closing, recording and other fees necessary in order to acquire property.
Funds are available in County-Wide Capital Improvement Fund (301) under the Lely Area
Stormwater Improvement Project (51101). Source of funds is Ad Valorem taxes.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the
County's Growth Management Plan.
RECOMMENDATION: Staff rccommcnds that the Board of County Commissioners:
-- 1) Adopt the attached Resolution authorizing the acquisition of land by donation or
purchase and authorize the Chairman to execute same on behalf of the Board.
Agenda Item No. 1683
May 25, 2004
1 of 12
Executive Summary- Gift and Purchase Resolution-LASIP
Page 2 of 2
-".
2) Accept the Warranty Deeds, Easements and Agreements for the acquired parcels;
3) Authorize staff to close the transactions and to record the documents in the public
records; and
4) Approve any budget amendments necessary to implement the collective will of the
Board.
.-
-
Agenda Item No. 1683
May 25, 2004
2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 1683
",- Item Summary Adopt a ResciliJtjon tJ.rthonzi!'lg the acqllislt~on of property by gift or p;JrchasU' for
the purpo$O of asscmblipg land to facilitate irnpro'.'urmmts. to cunals and
properties In the Easi Naples area spedfk:ally located within the Lely Area
Stormwater Improvement Project. Fiscal Impact: $387,000.
Meeting Date 5;:15/20049:00:(') AM
Inpal"ftl By
Jennifer Hopn Brack; Senior Property Acquisitio,.. Specialist
TransportlO11 5ef'Vlcel TEeM.ROW
Approved By
Kevin Hendricks Righi Of Way Acquisition Manager Date
Tmnspor1ion Services TranspoNtlon Ensineerlng and 4/2812004 5:09 PM
Construction
Appro,'ed By
Gregg R. Stmknluse Transportation Englneerinw D.~
Construction Mgmt Dl~.;.tor
Transportlon Services Transportation Engine.ring and 4i2812004 8:05 PM
Construction
Approved By
Peter Hayden Project Manager Date
Tro1ln5portlon Servlee$ ROi!ld Maintenance 4i29/2004 4:11 PM
Approved By
John Vliet Roads Maintenance Superintendant Date
Transportion Services Road Maintenanc.e 4/29120048:21 AM
Approved By
Gloria H,,"era Mal"agementlBudget Analy$t Date
Trnnsportiol" Services Transportation Operalions 5112/20044:00 PM
""-.' Approved By
Sharon Newman Accounting Supervisor Date
TnlOsportion Services Transportation AdminiMtration 5112120043:34 PM
Approved By
Norm E. Feder, A1CP Transportation Oivi~lon Administrator Date
Transportion Sen.dce. Transportation Services Admin. 5113120041:32 PM
Appro.'ed By
Diane Perryman Executive Secr.tary Oa..
Transportio!l Services Transportation Services Admin. 5114/2004 a:53 AM
Approved By
Pat Lchr'lhJlrd Administrativ. Assi$lant Date
County Manager'$ Office Office of Management & Budget 51141200410:16 AM
Approved By
Susan Usher Senior ManagementiBudge' Analyst Date
County Manager's Office Offic:e of Management & Budget 5115120049:22 AM
Approved By
Mlch.el Smykowskl Management & Budget Director Date
County Manage", Office Office of Management & Budget 5117/20949:50 AM
Appreved By
J..mes V. Mudd County Manager Date
Board of County
Commissioners County Managers Office 5117/20046:58 PM
.~
Agenda Item No. 1663
May 25. 2004
3 of 12
-. .~-_.._..,~"--,,..
-.-~-~-~_..-.-~.,." . . _._~____n_"~.._._'._'._'__
RESOLUTION NO. 2004- -
_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY BY GIFT
OR PURCHASE IN FEE SIMPLE OR EASEMENT FOR THE PURPOSE OF
ASSEMBLING LAND TO FACILITATE ~ROVEMENTS TO CANALS AND
PROPERTIES IN THE EAST NAPLES AREA, SPECIFICALLY LOCATED WITlllN
THE LELY AREA STORMWATER IMPROVEMENT PROJECT.
WHEREAS, on February 4, 1992, the Board of County Commissioners accepted
a progrcss report outlining proposed capital improvcments in the Lcly Canal and Lcly
Manor Basins; and
WHEREAS, the Board of County Commissioners requested staff to prepare
approximate cost estimates for easements along with a Resolution to acquire the
easements by gift or purchase; and
WHEREAS, the proposed improvements are in accordance with the commitments
approved by the Department of Community Affairs in the Drainage / Water Management
Sub-clement and the Capital Improvcment Element of the Collier County Growth
Management Plan; and
WHEREAS, the Board of County Commissioners recognizes that the expeditious
acquisition of the required easements is of paramount importance to completing the
Project on schedule, and attaining infrastructure goals in accordance with the Capital
Improvement Element of the County's Growth Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The acquisition of land and easements required for the installation and construction
of water management capital improvements within the boundaries of the Lely Area
Stormwater Improvement Project, specifically benefiting the East Naples area as
identified in Exhibit "A", attached hereto and incorporated herein, is necessary and in the
best interests of the citizens of Collier County, Florida.
2. The acquisition of land and easements required for the installation and construction of
the facilities necessary to complete each Phase will be determined once construction
plans are submitted and approved by the project engineers for the Lely Area Storm water
Improvement Project.
3. In those instances where property owners agree to donate or sell the required land
and/or easements to the County, and upon the proper execution by the property owner of
those deeds and/or easements and such other legal documents as the Office of County
Attomcy may rcquirc, the Board of County Commissioncrs hcreby authorizes its
Agenda Item No. 1683
May 25, 2004
4 of 12
-
Chairman to execute Donation Agreements and Purchase Agreements on behalf of the
Board, as well as any other documents pertinent to such land and/or easement acquisition
which have been approved by the Office of the County Attorney.
4. The Board hereby directs staff to use independent appraisal reports or internal
compensation estimates as staff determines is necessary to best serve the needs of the
Project in a timely and cost-effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes,
hereby formally waives the requirement for a formal, independent appraisal report for the
purchase of a property where the purchase price of the parcel (the compensation due to
the property owner) is less than One Hundred Thousand and 001100 Dollars
($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to
make purchase offers for the properties, the dollar amounts of which shall be predicated
on "staff compensation estimates" based upon independent appraisals (and the data
therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Transportation Division staff is hereby directed to offer
immediate delivery to the respective property owners of compensation (as established by
..- the appraisal or staff compensation estimates in accordance with the provisions of Section
125.355, Florida Statutes), in return for the immediate and proper execution of the
respective easements, or other legal documents and/or affidavits as the County Attorney's
Office deems appropriate in order to protect the interests of the County; and the Board
hereby authorizes its present Chairman and any subsequent Chairman, for the life of the
Project, to execute any instruments which have been approved by the Office of the
County Attorney, to remove the lien of any encumbrance and for any such other purpose
as may be required.
7. In those instances where negotiated settlements may be obtained via the "Donation
Agreement," "Purchase Agreement" or "Easement Agreement" mechanism, the
Administrator of the Transportation Division, or any Project Manager of his designation,
is hereby delegated the authority to approve the purchase of land interests above the staff
compensation estimate or appraised value and pay normally related costs when it is in the
best interest of the Project, within the pro-rata share of the land rights acquisition budget
for the parcel being acquired, only when the difference between the purchase price and
compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100
Dollars ($25,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
8. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
- 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to
Agenda Item No. 1683
May 25, 2004
5 of 12
"'__k_,"___~_,~,~,__""",_~,____"_____,~"n_"_"_..__"..."._._ --_.,'~ _'M'........,__..,,_~.__ ~"--_.... --'-'-~"
the County at its appraised value or at that amount considered the "Administrative
Settlement Amount" as such term is internally used by the administrative agencies of
Collier County.
10. Where the property owner agrees, through the execution of a "Purchase Agreement"
or "Easement Agreement," to convey a necessary interest in real property to the County,
and upon the proper execution by the property owner of those easements or such other
legal docum~nts as the Office of the County Attorney may require, the Board hereby
authorizes the Finance Department to issue warrants, payable to the property owner(s) of
record, in those amounts as shall be specified on a closing statement and which shall be
based upon the appraisal or staff compensation estimate in accordance with this
Resolution and the provisions of Section 125.355, Florida Statutes.
11. All title to properties or interests in properties which have been obtained in the
manner described above shall be deemed "accepted" by the Board of County
Commissioners, as the governing body of Collier County, Florida, a political subdivision
of the State of Florida, and as such, staff is hereby authorized to record in the Public
Records of Collier County, Florida, deeds, easements or other instruments as may be
required to remove the lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this _ day of ,2004,
after motion, second and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
Agenda Item No. 1683
May 25, 2004
6 of 12
LELY AREA STORNnNATERIMPROVEMENT PROJECT
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THOMASSON DR RA rrL' SNAKE HAMMOCK RD 5
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Phase II
Phase III
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r,.napormtlon Services DIvt.lon
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_. Stormw.ter Mlnagement Section
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Lely Area Stormwater Improvement Project
(LASIP)
Collier County, Florida
The proposed Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage systcm for an 11,IOO:t acre East Naples area, which formed the major portions
of the former Water Management District No.6 area. The LASlP area project is generally
boundcd on the north by Rattlesnake-Hammock Road, on the east by C.R. 951, on the west by an
existing FP&L easement located approximately a mile and a half west and parallel to Airport-
Pulling Road and along the south by wetlands associated with Naples Bay and Rookery Bay.
The project area currently has two (2) outfall systems consisting of the Lely Main Canal and a
system of farm ditches and dikes associated with portions of the easterly half of the project,
which drains the Lely Manor area. The projcct area is therefore divided into two (2) basins. The
westerly most basin is known as the Lely Canal Basin and the easterly most basin is known as
the Lely Manor Basin. Although the project has some water managcmcnt improvement, it
generally suffers from the lack of a comprehensive outfall system and design.
Land use within the Basin consists of a combination of modem developments that have
improved watcr management systems consistent with current design requirements and best
management practices as well as older existing neighborhoods that were developed before watcr
management systems were required. The latter areas provide little if any water quality
improvements for stormwatcr runoff.
The purpose of the projcct is to lowcr the flood elevations and to reduce the duration of peak
stages while providing as much water quality improvement and groundwater recharge as
possible. Careful design of the project has avoided wetland impacts where possible and
Agenda Item No. 1683
EX~~
Page :? of 3
-- .--
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,.- minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting
the overall project purpose.
The following are the proposed construction activities to take place:
. Widen and deepen existing canals.
. Construct new channels.
. Construct new control structures.
. Improve several existing control structures.
. Install new flood control gates.
. Construct spreader lakes and berms at outfalls.
. Construct a pump station to rehydrate existing wetlands.
The project is currently being reviewed by the South Florida Water Management District for an
,..,---
Environmental Resource Permit (ERP), and the U.S. Army Corps of Engineers for dredge and
fill permit approval.
The estimated construction costs are approximately $39,000,000.
..-
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THOMASSON DR RA TTL' SNAKE HAMMOCK RD 5
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Legend
---- Phase I
I Phase II
Phase III
- '. Phase IV
C,-, ~_..' Phase V
. X-- Phase VI
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, i +-+ Phase VII
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..... Stonnw.ter tMnegement Section
I
Lely Area Stormwater Improvement Project
(LASIP)
Collier County, Florida
The proposed Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage systcm for an 11,lOO:t acre East Naples area, which formed the major portions
of the former Water Management District No.6 area. The LASIP area project is generally
bounded on the north by Rattlesnake-Hammock Road, on the east by C.R. 951, on the west by an
existing FP&L easement located approximately a mile and a half west and parallel to Airport-
Pulling Road and along the south by wetlands associated with Naples Bay and Rookery Bay.
The project area currently has two (2) outfall systems consisting of the Lely Main Canal and a
system of farm ditches and dikes associated with portions of the easterly half of the project,
which drains the Lely Manor area. The projcct area is therefore divided into two (2) basins. The
-. westerly most basin is known as the Lely Canal Basin and the easterly most basin is known as
the Lely Manor Basin. Although the project has some water management improvement, it
generally suffers from the lack of a comprehensive outfall system and design.
Land use within the Basin consists of a combination of modern developments that have
improved water management systems consistent with current design requirements and best
management practices as well as older existing neighborhoods that were developed before water
management systems were required. The latter areas provide little if any water quality
improvements for stormwater runoff.
The purpose of the project is to lowcr thc flood elevations and to reduce the duration of peak
stages while providing as much water quality improvement and groundwater recharge as
--
possible. Careful design of the project has avoided wetland impacts where possible and
Agenda Item No. 1683
EX~~
Page 7- of 3
-...-
, .~"._,>--,-~----_. _. _"_,~~~_......~____.",,_<...,,.,._ ""_..._"w..".._.........--.......__,__... ~"_".'_'W'
minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting
the overall project purpose.
The following are the proposed construction activities to take place:
. Widen and deepen existing canals.
. Construct new channels.
. Construct new control structures.
. Improve several existing control structures.
. Install new flood control gates.
. Construct spreader lakes and berms at outfalIs.
. Construct a pump station to rehydrate existing wetlands.
The project is currently being reviewed by the South Florida Water Management District for an
Environmental Resource Permit (ERP), and the U.S. Army Corps of Engineers for dredge and
fill permit approval.
The estimated construction costs are approximately $39,000,000.
A9eQ~-*=
12 of 12
,......-.
EXECUTIVE SUMMARY
Approve the purchase of 5.109 acres of land required for a Perpetual Non-Exclusive,
Road Right-of-Way, Drainage and Utility Easement, a Drainage Easement and a 4.5-acre
stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion
Project, No. 62081. (Fiscal impact: $672,105.00.)
OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a
Perpetual Non-exclusive Road Right-of-Way Drainage and Utility Easement, a Drainage
Easement and a 4.5-acre stormwater retention and treatment pond required for the Santa
Barbara Boulevard Expansion Project.
CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved
Resolution No. 2002-442 authorizing the acquisition by gift or purchase of right-of-way and
stormwater retention and treatment pond sites which will be required for the construction of
roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081)
from Davis Boulevard to Pine Ridge Road.
At the Santa Barbara/Logan Boulevard Workshop on April 16, 2003 the Board of County
Commissioners directed staff to make variations to the original plans for the 6 laning of Santa
Barbara. The 60% plans that incorporate those changes were completed January 2004 and show
that the need for the stormwater retention ponds required for the improvements did not change.
.--
Because the properties selected for stormwater retention ponds are currently unimproved, it has
been our goal to purchase these properties before building permits are sought by their owner.
Both sides agreed to negotiate the purchase of the easements along with the purchase of the two
parcels for the stormwater retention pond. With that in mind, the Transportation Engineering and
Construction Management Department has diligently negotiated with the property owner of these
parcels since February 2003. The property owner of the subject parcel and his attorney has been
working with the County in order to reach an agreement that is favorable to both sides.
In this instance, the property owner, Donahue B. Silvis, is the owner of three parcels affected by
this project. Two of Mr. Silvis's parcels are required for a stormwater retention pond and two
portions of the third, improved parcel are required for a Perpetual Non-exclusive Road Right-of-
Way Drainage and Utility Easement, and a Drainage Easement. All three parcels are located on
a canal and the two vacant lots have been cleared of exotic vegetation. Some fill has been
added to the vacant parcels and Mr. Silvis provided continuous maintenance. The costs of all
factors were considered in negotiated settlement.
The latest appraisal performed on this property for the County was dated February 2003 and
valued the property at $85,000.00 per acre. Market data suggested that Estates properties are in
general increasing in value at approximately 24% per year. The appraiser hired by the property
owners submitted an appraisal report that concluded a value for the property of $120,000.00 per
acre as of December 4,2003 and contained a study which supported higher rates of appreciation.
Taking into consideration all reliable market data and considering the costs of having to condemn
the parcels, staff has negotiated a settlement for full and fair compensation with Donahue Silvis in
,- the total amount of $668,605.00 for the purchase of 5.109 acres described in the attached Exhibit
A and for all other damages and expenses, including attorney's fees and costs and expert witness
Agenda Item No. 16B4
May 25, 2004
1 of 13
....._...~.~..."_'......,.<,,_.O'.._
~,."'~,
fees and costs in connection with the conveyance of said property. The settlement amount also
includes $10,000.00 to compensate the property owner for improvements located within the Road
Right-of-Way Drainage and Utility Easement and on one of the vacant lots. The negotiated
settlement amount represents an approximate unit value of $115,000.00 per acre. (The original
settlement amount of $677,000.00 was adjusted down $8,395.00 for a modification made to the
Drainage Easement that resulted in County needing .073 acres less than originally thought.)
FISCAL IMPACT: Funds in the amount of $672,105.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $668,605.00
purchase price and $3,500.00 for the approximate cost of title insurance and recording fees.)
Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize staff to record
same in the public records of Collier County, Florida; and
5. Approve any and all budget amendments required.
,-
,,-"
Agenda Item No. 1684
May 25, 2004
2 of 13
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number 16B4
,.............. Item Summary Appro\l9 tt:e purchase of 5.1 09 acrus of lCind requifed for a Perput\;ul Non~
Excl"slve, Road Rigbl-<lf-Wuy, Drainage 8"d Uti,:ty Easement a 0'8il18go
Easement and a 4 .5--<lcre stormwater retention and truatment pond for the
Santa Barbara Boulevard Expansion Project, No. 62081. (Fisc.a! impact:
$672,105,00,)
Meeting Oate 5125120049:00:00 AM
Pftpared By
Debbie A.rmstrong Property Acquisition Specialist
Transportion Services TECM,ROW
Approved By
Ellen T. Chadwell Assistant County Attorney Date
COlJnty Man.gcr"s Offico Countv Attorney Office 5112/200412:08 PM
Approved By
Trlnsportltion EngineeringJ Date
Gr.;; R. Strakaluse Construction Mgmt Director
Transpot4'.ation Engineering and 5>'12/200410:06 AM
Trllnsportlon Services Construction
Approved By
lIsa Taylor Ma"agr.ment,.'Sudget Analyst O.te
Trnnsportion Services Tnnsponation Administrntion 5/12120041:50 PM
Approved By
Sharon Net<<n1afl Accounting Supervisor Date
Tf1Insportioo Services Tran!fpo~.atiofl Adminiatralion 5112120044:41 PM
Approved By
Tad PIUl: Project Manager Date
Transportation EnglnHrlnijl and
Trdn!sportlon Services Construction 511212004 10:26 AM
",'''-
Approved By
K....in Hendricks Right Of WilY Acquilitlot, M3Inager Data
TransportatiOn. EngIneering and
Transportion Services Construction 511212004 11 :32 AM
Approved By
Horm E. feder. AICP Transportation Oiyislon Administt3tor Date
Transportion Sr.rvicas Transportation Services Admin. 5/13/20041:39 PM
Approved By
Diane Perrym3ln Executive Secretary Date
Transportion SeNiees Transportation Services Admin_ 5/14120041:55 PM
Approved By
Pat Lehnhard Admlnlstratlv. Assistant Date
County Manager's Office Office of Management & Budget 5114120042:09 PM
Approved By
Susan Usher Senior Manegeme"tlBudget Analyst Oate
County Manager's Offiee Office of Management & Budget 511412004 5:09 PM
Approved By
Michael Smyko'Nski Management & Budget Director Date
County Manager". Office Office or Management & Budget 511712004 10:40 AM
Approved By
James V. Mudd County Manager Date
Board or County County Manager. Office
Commissioners 5i1812004 4:46 PM
_.
Agenda Item No, 1684
May 25, 2004
30t 13
, --,~ --_.~'"-,_.- _..<~.~". ., ".",~~-..-
........,-".----_."_..,--, .....,-.~._.,---
PROJECT: 62081
PARCEL NOs: 175,812,813 and 814
FOLIO NOs: 29800000058
29800000100
29800000155
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this _ day of . 2004, by and between
DONAHUE B. SILVIS (hereinafter referred to as .Owner"), whose address is 3770 25th
Avenue S.W., Naples, FL 34117-7128 and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns (hereinafter referred to as
" Purchaser");
WHEREAS, Purchaser requires a fee estate in lands described as: Lots 2 and 3,
Dekker Estates, in accordance with and subject to the plat recorded in Plat Book 24,
Pages 40 and 41, of the Public Records of Collier County, Florida (Parcels 813 and 814
respectively); and Purchaser requires a perpetual, non-exclusive Road Right-of-Way,
Drainage and Utility Easement and a Drainage Easement (Parcels 175 and 812
respectively) over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement, (hereinafter collectively referred to
as the .Property").
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
pt:trposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $677,000.00 payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser, including all attorneys'
fees, expert witness fees and costs as may be provided for in Chapter 73, Florida
Statutes. The Owner hereby authorizes Purchaser to make payment in the
amount of $677,000.00 to American Acquisition Title, Inc., as settlement agent for
the disbursement of proceeds incident to said sale and conveyance of the
Property.
2. As to Parcel 812, Drainage Easement: The Purchaser agrees that it will restore
all areas disturbed and damaged as a result of the construction of the proposed
improvements to their pre-existing condition including, but not limited to: replacing
any damaged ficus trees, replacing underground irrigation and, repairing the
existing 20' asphalt driveway. 'Furthermore, the Purchaser shall provide
continuous access to the property and to a designated like/kind parking area
during construction.
2.1 Owner acknowledges that Purchaser seeks to reduce the width of Parcel 812 by
20 feet prior to Closing. Therefore Owner agrees to convey Parcel 812 as
modified and reduce the compensation due from Purchaser by subtracting the
reduced land area at the unit rate of $115,000.00 per acre. II is anticipated by the
parties that the modification to Parcel 812 will result in a reduction in land area of
.073 acres more or less, for a total reduction of $8,395,00 from the Purchase Price.
Agenda Item No. 1684
May 25, 2004
4 of 13
Purchase Agreement
Purchase Agreement Page 2
Purchaser agrees to provide Owner with a modified sketch and description for 812
prior to Closing, at which time the Purchase Price will be reduced to reflect the
reduction in the size of Parcel 812.
3. As to Parcel 175, Perpetual Non-Exclusive Road Right-of-Way, Drainage, and
Utility Easement: The Purchaser's acquisition of Parcel 175 for drainage. roadway
and utility purposes shall not constitute the solebasis for the denial of any building
application made by Owner to construct a guest house at 1600 Santa Barbara Blvd.
Owner acknowledges that a guest house is not permissible if used for commercial
purposes. Furthermore, the Purchaser's construction of the planned improvements
for Parcel 175 shall not impair or adversely affect the flow of storm water from the
parent tract in its existing condition. The Purchaser will take measures so that any
historical flowage across Parcel 175 will be not be impeded by the County's
roadway design.
4. The Purchaser will receive Owner's input on any landscaping to be installed
around the retention pond located on Parcels 813 & 814.
5. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide
such instruments, properly executed, to Purchaser on or before the date of
Closing.
.-
6. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
8. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
9. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
~'- the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
Agenda Item No. 1684
May 25, 2004
5 of 13
_.~.
.-- - "" .-._~,,~.., -- . _. -.-
,'~._.^
--
Purchase Agreement Page 3
10. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 9. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
11. Purchaser shall pay for all recording fees for the Warranty Deed, Road Right-of-
Way, Drainage and Utility Easement, and Drainage Easement and for any and all
costs and/or fees associated with recording any Partial Release(s) of any
mortgage(s) recorded against the Property, and for the fees to record any curative
instruments required to clear title, except for any and all costs and expenses
required to secure and record releases and/or satisfactions from judgment
creditors, which fees, costs and/or expenses shall be the responsibility of the
Owner. In accordance with Statutory exemptions prohibiting payment of
documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp
taxes required on the instrument(s) of transfer.
12. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
13. The Purchaser agrees to construct improvements in substantial conformance with
the Plan and Profile sheets attached hereto as Exhibit B. In the event Purchaser
fails to do so, Owner may pursue a claim for damages resulting therefrom.
Purchaser expressly agrees to replace or repair, in an expedient manner, any
damage to Owner's existing drain field that results from construction activities
relating to the proposed improvements for Santa Barbara Boulevard.
14. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of ,2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October
22, 2002.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk Donna Fiala, Chairman
Agenda Item No. 1684
May 25, 2004
6 of 13
-'^ Purchase Agreement Page 4
AS TO OWNER:
DATED: 5 - /J- Dr-{ (U kL
C~ tL1W'-{w~~
\,/ ",.. J.t '-" ,/ >- d..
~
Witness (Signature) DONAHUE B. SILVIS
(),:::r',tl.I~ HJlHf;r{ln~{,
Name (Print or Type)
A - /
v ~ViA%i/~.
Witne (SIgnature)
SON.!f-I b~fEJJ
Name (Print or Type)
Approved as to form and
legal sufficiency:
1/h V(/~
Ellen T. Chadwell
Assistant County Attorney
.
-
.~"'--
Agenda Item No. 1684
May 25, 2004
7 of 13
" ".-- - .-......-"..- +---.,.---
_u
'lS-
i "'I '" ~-r----
705. 7 I ~I ~" \
i
t::l t::l I DEKKER ESTA TES .,. I
t') I ~ ~ PLAT BOOK 24, PACES 40-41
~ ;?: ;?:
;32~ . 2' .. '00 200
I :t.: :t.: GRAPHIC SCAlE
:l>.<: <;) <;) I 2 I
.....t') t>:J t>:J
Cl)):,; ~ ~
C)~ I
~"" ~ ~ I COLDEN CA TE ESTA TES UNIT 33,
'. ~ ~
. ::..: ~ I Jsa 00' (PL,u) PLA T BOOK 7. PAGE 60
"'tl~ :c:
:l>.V)
~ -- 1 ~ ~
\::: C) ~ 1 PROPOSED PERPETUAL. ~ 773
lJl~ s.n NON-EXCLUSIVE ROAD ~
<0..... :-..
t.. f\.) e R.O. w.. DRAINAGE. AND .,..:
.- l~ I UTlUTY EASDlENT ~ PROPOSED
\ -:::! 1.76j SQIJARE FEET -:::! R,O.W. EASEMENT~
,0.176' 9'W. (2) .-..-"
. u
P.O.B,
EX/STING 53' EASEMENT
FOR R,o. w PURPOSES
P,O.C. (PER PLA T)
SE, CORNER
-arLOT 1
.....
0) 76 7
7 ~
BLOCK 157 . I s: BLOCK 152
~ I
LEGAL DESCRIP TlON .,
.
ALL THAT PART or LQT I, DEKKER ESTATES. PLAT BOOK 24, PAGES 40-41, COWER COUNTY. FLORIDA, AND BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COI.IMENCING A T THE SOUTHEAST CORNER OF SAID LOT " A POINT ON THE EAST LINE or SECTION 21, TO'MISHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA;
THENCE ALONG SOUTH LINE OF SAID LOT 1 SOUTH 89'27'39' M:ST 53.0.0. FEET TO THE POINT or BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LOT LINE SOUTH 89'27'39" M:ST 40.55 FEET,'
THENCE LEAVING SAID SOUTH LOT LINE NORTH 0.1'15'19" M:ST 58,91 FEET,- THENCE S,89"39'0.9"W. 14,45 FEET
THENCE NORTHERLY 183,77 FEET ALONG THE ARC or A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF
3,00.5,00. FEET THROUGH A CENTRAL ANGLE OF 03"30"0.' ANO BnNG SUB TENDED BY A CHORD I#fICH BEARS
NORTH 03'07"16" l'ffST 183.58 FEET;
THENCE NORTHERLY 127.78 rEET ALONG THE ARC or A CIRCULAR CURVE CONCAVE M:STERLY HAVING A RADIUS OF
3.075.00 FEET THROUGH A CENTRAL ANGLE OF 0222'51" AND B[lNG SUBTENDfD BY A CHORD I#f/CH BEARS NORTH
03'40'45' M:ST 127.77 FEET TO THE NORTH LINE or SAID LOT 1;
THENCE ALONG SAID NORTH LOT LINE SOUTH 89'27'39" V..rST 56,95 FEET; LINE TABLE
THENCE SOUTH 01'09'1/" EAST 311,18 FEET;
THENCE SOUTH 0176'19" EAST 58.84 FEET TO THE POINT OF BEGINNING. NO., BEARING LENGTH
L 1 N,S9'J9 '0.9 "E. /4,46'
CONTAINING 21,785 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS Jc RESTRICTIONS OF RECORD, CURVE TABLE
REVISED 7/15/o.J
... NOT A SURVEY... NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING
( J005,oo' o.J'3D'/o.' IS3. 77' 91.SS' 1SJ,6S' N,DJ"07'16"W.
2 J0.75,oo' 0.2'22'5/" 127.7S' 63.90.' 127.77' N.o.J"4D'4'"w'
FOLIO NO.Jjf<OOMOO~ LEGEND:
,/-/003 EXHIBIT ..L ~'" '" '" '" '" ~ ~ ~Xb~:'N~ASEMENT
Pege....L of-!:L ~ PROPOSED
R,D.w' EASEMENT
R.o.,W. - RIGHT Of WAY
No.T VALID UNLESS SIGNED BY THE SURVfYOR AND BCARINCS AIllIoASfD OM Mat,., P,o.B, = POINT Of BEGINNING
SEALED WITH THE SURVfYOR'S EMBOSSED SEAL M*CA/I Q.4IW (M,AD) ''''''''''''' P,o.c = POINT Of COMMENCEMENT
AlM/STJllIl' STAle 11f.~ ~J(
CERnnCATE Of AUTHORIZAnON I L8-4J SJ'S'lfJl (tMJ) FOIl Fl0raQ4 (AST lCWC.
PAO.1CCT NO.; 62081 PARCO. HO. : 175 CLI(toiT; COWER COUNTY TRANSPORTATION.
_....IlLUI~ ENGINEERING de CONSTRUCTION MANAGEMENT DI\/ISION
Wils,nMiller m~: SKE~~/:;~qtem No. 168
-..~...-..- .an.,.n.~~ .T_~ DEKKER ESTATES. PLAT BOOK 24, PA~y25 200
_.he. COLLiER COUNTY, FLORIDA I
_.""......s.-_._.r_ ()A.T(: PRQJEcr HO.: SH((1 MJWI[A; ru
..Wtrlllllll.... a>>..-../b'dI Jt>>6.6.11.".. ~. hi. IHoCtW ...... .........- 04/2002 N6022-002-0ro- TDHWP 175 or xxx 2
Jul .. 5. 2003 -- C9: OJ: 45 E'NESTVOl!X: \SUR\N6022\S:"cICh 01 Deso::rip\io.)l"ls\S..llml! leCl\Lljg20Js175d*g
-- ---~._--
~ ~ I I ~ -r--
105.1
, t I .... I DEKKER ESTA TES ..,. I
I . I .
- ~ I ~ i 'i6 I
loo loo' 0 2' "" 100 200
I ;;;; I ;;;; I
~~ loo ' '" GRAPHIC SCALE
).,<: : ~ t ~ I 2
-.<:) I ~ \ ~ I
to).. ~ l'l 1 COLDEN GATE ESTA TES UNIT 33,
8"'1 I i:: !:: PLA T BOOK 7, PAGE 60
::>;~ I ~ ~ I
.... .... ---.-...
. ~ ~ ~ Jao.,o.o.' (PLA T) EXlsnNC /0.' unUTY EASEI/ENT
"b~ I ~ ~ I EXISnNG 30' ACCESS EASCI/ENT
~V> ~ ~ I
""s::; I ~ ' ~ 1
g:~ I ~~\..J 113
(."j I ~
~ I '-: I PROPOSED 50' PROPOSED
"ti I DRAINAGE EASEMENT R~ASEM:~
105. 2 \ ~ I 7,929 SQUARE FEET
- --i I -
I - -
I I PROPOSED
I R,O.W. TAKE
(S[E SHEET 175) [XISTlNG 53' EASEMENT
I FOR R.O, w. PURPOSES
20 17 (PER PLA T)
68.76' 21 16 GOLDEN GA TE UNI T 6,
S,o./76',9'E, BOULEVARD PLAT BOOK 5, PAGES /24-134
SANTA BARBARA
1 tI)'- I
~~ c~ 16 1
1 \ c::::.~
~~ ~
BLOCK /57 \ ~~ BLOCK 152
t:-<~ I ~
COLDEN GATE CITY UNIT 5, PLAT BOOK 5, PACE /17-123 ~~
LEGAL DESCRIP779N ~
BEiNG THE NORTH 50 FEET OF LOT I, DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUNTY.
FLORIDA, LESS THE EASTERL Y PROPOSED RIGHT OF WA Y TAKE AND BEING MORE PARTlCULARL Y DESCRIBED AS
FOLLOWS;
BEGINNING A T THE NORTHWEST CORNER OF SAID LOT 1;
THENCE ALONG THE NORTH LiNE OF SAID LOT NORTH 89"27'39' EAST 157,58 FEET,'
THENCE LEA VlNG SAID NORTH LOT LINE SOUTHERL Y 50.05 FEET ALONC THE ARC OF A CIRCULAR CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 3,060,00 FEET THROUGH A CENTRAL ANGLE OF 00'56'/3" AND BEING
SUB TENDED BY A CHORD .WHICH BEARS SOUTH 02"58'/1' EAST 5005 FEET.'
THENCE SOUTH 89'27'39" WEST /59,74 FEET.'
THENCE ALONG THE WEST LINE OF SAID LOT NORTH 00'29'47" WEST 50,00 FEET TO THE POINT OF BEGINNING,
CONTAINING 7,929 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD.
FOLIO NO. ~1g0DOOOO~
... NOT A SURVEY... Curve numb~r I EXHIBIT -LL.
-------------- page.Lof.-:L
Rod;us. J0.60.,o.o.
Delta. 00'56"J"
Arc. 50.,0.5 LEGEND:
Tangent. 25. 0.2
Chord. So. as ~~ PROPosm DRAINAGE EASEI/ENT
R, P OFf IiL SiJRrfrOR ~ MAPPER Chord Brg. S. 0.2"S8'WE.
FLORIDA REG/STRA LS /5027 R.O.W. . RIGHT OF WAr
NOT VALID UNLESS SIGNED BY THE SURllfYOR AND <<.4AWCS JM lAD (Ii JIQIf~
SEALED II1TH THE SURrfYOR'S EMBOSSED SCAL. ~"i:Nrr;:r~':.Gc'~tr
CERFlFlCATE OF AUTHOR(ZATION I LB-4J SYS1(11 ((1f!I)) fDR 1l0l'ilDA roT lCIIC,
--
PAMer NO.: 6208' PA,Rt[L NO. ; 812 CLIO.T;
Wils;nMiller-'^~'~- TIT\.E:
_.. ~. fcol:9o/I' __. ~Ar_' T-....~
1IIoc>n/Mof'. tic DATE: PRQJ(CT flIO.:
_.IWf....._._.r_
.12l>>8o/ltl-.:u.Ill'J.___.__.".,_a.....9II--... 04/200.2 N60.22-002-0'0- TDH'.+P
Jut; 1. 2002 - 10 08. n ...tj A.;;'~lR ,x: \,su-=t \.'\t>02'J\Sl<el"" 01 De~C('PII:>'"\" \:,VC"\, ~ Il!J \/l;i,;;20J$51;:, ,:l..g
--- ._---
~"'.~....-_.. -..-..------.-.'"-----..',.!.<,. --'---'~-"'-"';-" ~~.,-"'_..- ". .,--.~~-
'----~~ --1-- ---- ----- ---7-'- ~ r---
EXlSntoJG JO' R,O,W, OSEMENT PER PLAT ! I
.'"\ I-_L -- --- ---- - -- ---,- -ci .... I
. to to I I'
. I . 8 DEKKER ESTATES I
I ~ I ~ ' ! 0 2' 00 100 200
~ I ~ I PLAT BOOK 24, PAGES 40-4/ i I GRAPHIC SCALE
;:i: ~ I :i!
~ ~ ~
I ~ ~ I
705 ~ I ..., I.
~ 3
I ~ I ~
~ ~ I :::J
~ I ~ I 51
"t1~ ~ I ~ 713.1
;:S? ;J?
..... (;) I ~
QJ),; I
Cli';i J80,OO' (PLA T)
-~- GOLDEN GA TE ESTA TES UNIT 33,
l/') I PLA T BOOK 7, PAGE 60
.'J :-t
~~ I --
",l/')
~c::: I EXISTING 10' UTILITY EASEMENT
Vl~
10.....
.~ I
2
I
705. 1 I 113
I
EXISTING JO' ACCESS EASEMENT
I
J80,OO' (PLA T)
I
-----+ I I
I I iPROPOSED 50' DRAINAGE EASEMENT
105.2 ! I 1 I
i it
LEGAL DESCRIPTION 0;
BEiNG ALL OF LOT 2, DEKKER ESTA TES, PLA T BOpK 24, PACES 40-41, COLLIER COUNTY, FLORIDA.
CONTAINING 98.040 SQUARE FEET MORE OR LESS. SUBJECT TO THE EXISTiNG DRAINAGE/ACCESS EASEMENTS
PER PLA T AND OFFICIAL RECORDS CONTAININC /8.834 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS tk RESTRICTiONS OF RECORD.
... NOT A SURVEY... FOLIO NO.~ S-oootJO 100
EXHIBIT ...L
page.-L., of..:L
LEGEND:
LAN R, P OF[ AL SURVEYOR .t MAPPER ~" " " " " '" "1 ~~2;;f t.11~;~V
Fl.ORIDA REG/STRA LS /5627 ~ PROPOSED
NOT VAllO UNLESS SIGNED BY THE SURVEYOR ANO ICAbIeS All( ....SCD ~ Naf1H ACQiJISlTlON
SEALED ItrTH THE SURVEYOR'S EMBOSSED SEAL. AMl/IICAN DAIW (itA-D) IJI,J-''''
AlJJJSTWCNT srA1f 1'tAN( C'OOtOIH4Ff R.O.W. = RIGHT OF WAY
CERFIFlCA TE OF AUTHORllA TlON / LB--4J S~1('1t (C1ttJ) ,Oft nCllfJDA cur lONl..
P"Q.I(CT NO.: 62081 PAllen NO. : 81" ClI(I'lT: COWeR COUNTY TRANSPORTA 71ON.
WilsfJnMiller.-~~~ ENGINEERING It CONSTRUCTION IIAHAGfJlENT DllASlON
JlTL[: SKrn:H AND ~em No. 16
BEING PART .
" DEKKER CSTATE:5. PLAT BOOK 24. PAGE'sMay.25, 20
-.. ~ . _. an.,..... &.-.._. f'_me.....-
~iIc:. COLLIE'R COON TY. FL ORIOA
-."".....-.-.,- c.-.T[: PROJEct NO,: SHlET HUlII9[R: 'L[
"...,a.; "".DI . '*'* A::rD)fIIHIll. ".. ..... . FIt ~ ...... .......a11 04/2002 N6022-002-0l0- TOHv.P 81J 0' xxx 2GG-203
~i,J1 ~1. 2002 - .,OG~u ";'\API::RI.( \S.....R \No::':~ :l\~" f: cr-. Of Oesc;r.,:: trol",." \ ';)~.bl1' ,11 to';: \2:.;C}2:J j!,~l), C\'j<j
.-. -
I J80,OO' (PLA T) ~ -r--
I "fx/SnNG' JiJ' R,O. w. EASEMfN r PER' PLA T
- I 'w- I
I . .. .. '00 .00
I GRAPHIC SCALE
705 I
\ 3
C)
~ 713.7
:\l~
';.:~
......C)
to),.
2;:;:;
:--.~ Ii GOLDEN GA TE ES TATES UNI T JJ,
A PLA T BOOK 7, PAGE 60
~~ ~ FEE SIMPLE TAKING 1 I -
C)V\
'"'l~ ! ~ :i! ~040 SQUARE FEET EXlsnNG 10' UTILITY EASEMENT
t.11~ 1 ... PAnCS NO, ~ IY 11
<0...... ~ ~
~ i ~ ~ I ~ I I
~ I ~ 2 I
\ ~ ~ I
105. 1 ~ ~ ~ I I 713
.... ....
I ~ ~ I ~ DEKKER ESTA TES J : r 'OSIlNC 50' "CESS W'ME"'
I ~ \ ~ PLA T BOOK 24, PAGES 40-41
\ ~ ~ \ I
\J~
I . __ - "-' - - =r r 11 r """""" 50' "'"'''' "'[MEN'
Iii
705. 2 I I 7 I '
i !
! I I
- LEGAL DESCRIPTlON
BEING ALL OF LOT J. DEKKER ESTATES, PLAT BOOK 24, PAGES 40-41, COLLIER COUNTY, FLORIDA.
CONTAINING 98,040 SQUARE FEET MORE OR LESS, SUBJECT TO THE EXISnNrj DRAINAGE/ACCESS/RIGHT OF WAY
EASEMENTS PER PLA T AND OFFICIAL RECORDS CONTAINING 28,044 SOUARCF[ET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
:FOLIO NO.21~~l~
... NOT A SURVEY... EXHIBIT --6-
page....,L of...L,
LEGEND:
LAN T R, P ,jff' AL SUR';fYO!? ct MAPPER k" '" '" '" "'" "l f/~S;'7t.tttl~AgfrI./ENTS
FLORIDA RECfSTRA LS /5627 ~ PROPOSED
NOT VALID UNLESS SIGNED BY TIlE SURVEYOR AND ICAIIWCS A1tC 'AD ()1f ~1H . A COUlSlTlON
SEALED IlfTH THE SURVEYOR'S E/./80SSED SEAL. ~~;:f~i!c'~~rr R,O. W. - RIGHT OF WA Y
CERnnCATF OF AUTHOR/UrtON / L8-4J SJ'$'1nI (CIttD) '0/11 n(WI).A osr LONe.
~,"''"'
P!ItOJECT NO.: 62081 PARCEL. NO. : sr. CU[NT:
WilsonMilleiN .~""<<- TIll.!:
11"
,.,.",.".~. __.-..... .~~. r.-....c.no.Ion/o
lt1ocnIMor. t1c. DATt:
"""",""'l/pn._._.r_
>>to.., t... SIt DI . ,.... R:rd..... .""" ~. Fu .. foG. PI ...... """"""AIIt 04/2002
.,J' 1~. 2Q':'2 - '~:G9 c: ...NAPlfRI'.l. \5UqV.6:>22 \S..etcn 0' Jes("r'~lio"!>\:;,:tl-'''lIttr.C:\tg')2c3se 1-1.d....g
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Wilst)nMiller PLAN PROFILE
==-~:;~
..~.~ ---",.. ...-.....--... _......-....
l J-\yenaa Hem 1'\40. I bts4
May 25, 2004
12 of 13
,,-,
_ .,.". :~' .~~ _ .-., l~~' l/!...'~'r~ 'D "
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: ::~AS'" 504 ~; So~~! ::~.~ : ;~;..... ,S07 _ ~ ".. II ~ ~l '>..-..\509 ."HI ~_
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1-\genoa l1em NO. 1 tlt:S4
May 25, 2004
13 of 13
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.-
EXECUTIVE SUMMARY
Request the Board to accept donated palms from Stock Development for
landscaping on Livingston Road.
OBJECTIVE: A request to the Board to allow staff to accept donated palms for
landscaping Qn Livingston Road.
CONSIDERATION: The Stock Development has ten (10) royal palms located at the
entry of Lely Resort. The royal palms are of signification size and quality. The palms are
valued at $60,000 or $6.000 per royal palm. Because of their size and weight, a
significant amount of space is needed to avoid underground utilities. Staff would
recommend the placement of this material along the right-of-way within the retention
pond areas on Livingston Road.
Collier County will coordinate the relocation and installation of the palm trees. Staff
requested (3) quotes for the relocation and planting of the material from Commercial
Land Maintenance, Hannula Landscaping, and Gator Landscaping. The lowest,
responsive bid is from Gator Landscaping with an installation cost of $9,000.00 (or
$900.00 per palm).
,- FISCAL IMPACT: Funds in the amount of $9,000.00 are budgeted for the landscape
installation of Livingston Road within the Transportation Supported Gas Tax Fund under
the Livingston Road Project Ph II 60071.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier
County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
donation of ten royal palms to be used for landscaping on Livingston Road.
Exhibits: Attachment "A" Letter from Stock Development
Attachment "B" Quote from Gator Landscaping
,-
Agenda Item No. 1~ J toB (5
May 25, 2004
1 of 9
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COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16B5
Item Summary Request the Board to accept donated palms from Stock Development for
landscaping on Livingston Road.
Meeting Date 5125/20049:00:00 AM
Prepared By
Pamela J. lulich Project Manager
Transportion Services Traffic Operationsl ATM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Manager's Office County Attorney Office 5/11/20044:07 PM
Approved By
Traffic Operations and Alt Trans
Diane B. Flagg Modes Director Date
Transportion Services Traffic Operationsl ATM 5/12/20044:13 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12/200411:49 AM
-
Approved By
Pamela J. lulich Project Manager Date
Transportion Services Traffic Operations/ ATM 5/12/200410:22 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 5/13/20041:34 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :38 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20047:05 PM
--
Agenda Item N~ I b eS
May 2 ,2004
2 of 9
-_..~'^~-, ,.".~_._,
-
April 15, 2004
Pam Lulich
Collier County Transportation
2705 Horseshoe Dr,
Naples FL 34104
Re: Donation of Royal Palms
----
Dear Pam:
As per our conversation today, I am sending this letter as a formal offer to donate 10 Royal Palms
currently located in'the Classics Entry of Lely Resort. We propose to donate the trees to Collier
County with the County assuming the cost of relocating the trees. Hanula Landscaping has
estimated the value of the trees at $6,000 each and the cost of relocation at $800 each. The trees
will need to be removed within 45 days.
Please call me if you have any further questions.
Sincerely,
~~~-
Thomas Masters, P .E.
V.P.ofDevelopment
1(0'6 S
Agenda Item No...:J..8ffi5
May 25, 2004
3of9
5692 STRAND COURT NAPl[S. fLORID~ 34110 Phone, (239) 592-734.01 Fax, (239) 592-7541
F'RO'1 : GATOR LANDSCAP 11'6 FAX t-D. :2396433474 Apr. 28 2004 09: 2l3PM Pi
~- 6 j ~(JlJ
.
Gator wdscaping
2180 16~Ave SW
Naples, Ft 34117 rmo:!f).
643-347+
~.':;=:~1IB\~i~~}~i~!i;:~1~2~~~J~i
To; Collier COODty Trafl.1o Opations F~ (239) 213-5899
AtIn: Pam LulJdl
Fram: ArvJy c.te: 4/27104
Ale: ' LivbJptOtt R.oyals Pag8e: 3
CC:
'/'/ . .~~ o For RINiIW CJ "... Coninent (] PIM5e Reply (] PIeIM R8cycI8
. . . . . . .
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. . . . . . . Agenda item No. \~S6
May 25, 2004
4of9
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FROM : GATrn LANDSa:lP II'li FAX NO. :2396433474 Apr. 28 2004 0'3: 21Pf'1 F'3
Sponseller Nunery~ Inc. d/b/a
GATOR LANDSCAPING
Collier County Traffic Operations
2705 Horseshoe Dr.
Naples~ FL 34104
Att. Pam Lulich
LANDSCAPE SERVICES PROPOSAL
Gator Land~aping is pleased to submit the following proposal for your consideration.
Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse
side, we propose to furnish materials and labor at the prices as stipulated below.
PROPOSAL LISTED BELOW INCLUDES:
Relocation of ten royal palms from the east right of way of Celeste Dr.(Lely Resort) to
the east shore of retention pond at the southwest comer of Pine Ridge Rd. and Uvingston
Rd
Price includes staking and initial watering~ no holes filled at Celeste Rd site.
PROPOSAL PRlCE: Nine Thousand Even Dollars $9,000.00
DUE UPON JOB COMPLETION.
We ttust 1his proposal meets with your approval. To initiate our work, please forward an authorized cop>, of
this proposal. We looi:: fOl'Wllnl toheario& fiom )'ou. The Proposal amount is due upon job comp~ion.
The undcrs1gDc4 bas read md acoepa this proposal and all its terms and conditions listed on 1he reverse as a
binding ~ subject oolyto the approval oftbe ged,it of the Gator LaDd.~lni
Collier Coumy(Pam Lulich) DATE
GATOR LANDSCAPING Vffi/f DATE 4/z?~1
/
l ~i? S
2180 1~ Ave SW, Naploa. FL 34117 Agenda Item No. ~
May 25, 004
5of9
. .....---.-
FROM : GA~ LANDSa:FING FAX NO. :2396433474 Apr. 28 2004 09:20f~ P2
.....,- CONDITIONS OF PRoroSAL
1. Acceptanee oC tN1 proposal t1J the party to \\t1om It Is S\bOltted or "8uye(' 8heI& be acceptaooe of
all teems and cancIitItR I8CitItd herein. ~ GATOR lANDSCAPING or "SeIer" to commence
work Qr p1apaiatian for work. ComrnenCQment of v.ork will constIIut8 ~JCe by Buyer of thiS
Proposal and a111\s temlS n conditions.
2. Arrt aIteIatDl to c:ontra:t or specIlIcatIOnS shall be at ad<SitiOlW cost and shal be perfonned only
a'ter assurance anct sIgrtlg r:A 8 cha'lge' order.
3. ThIs pmposaI is based upon II labOr DelnQ performed d\rIng regular hOur8 of wort. Any addltIonaI
cost inOlI18d (IncuIIag M.mnJ8& CM!lIt1e8d oosf) for work beyond regular hours requested by
Buyer or hIS agent 8haI be pald as Bldra.
4. SeIer stdI not ~ respor8bIe fOr deIay& or dIfaultS whn ~ by etrf CUftS of any kind
and extent beyond Its QX1troI, Including but not \imItsd to delayS caJS8d by the buyerS. general
contractor. archI1!d end/Or englneefS, or ?Ir/ other subc:ontrtr:tOr or a of God. SeHer not
responslble ~ ~ mien after 1nstaIIalIon. .
5. We sna1 not be IIebIe far at1Y damages orde. caused by rains, fJres, floods, freezes. storms,
tomedoe&, aDOIdenS. acta d God, NbUtlY to obt8in rnalIlW1lI from our regullr IOurces of supply,
or other causes beyOnd our reasonable contrOl: and the lime for deh9ry of matBrials or doing the
WOf1( shaI be 8KWlded for 1he time of the delay or I'lISOn of rtff Slid causes.
6. PriOr to InstaIIafiOO the ~,v.i1I grade the * Md have it clear of aJ COI'lStn.diOn rmter1al.
Anal gnrJe to be (+) 1'fTOm pennanent ground slI'faces.I.e. driveway, parking areas and wcikway,
and meet all Codes.
, 7. Buyer is i) prepare aD work areas so that 1heY are axeptable for SeWs worIc under the contract
seDer WIll not be called upon to stSft wor1C until suft1CW1( areas am reedy to InSUft conttnued WOf1(
until job canpletion. In mea& wIh cap rock. surface rock or subsurfaCe rock Of six (6) IncheS in
d~ or more. seller IhaIl have the ap1JDn d ~ the contnI1 or withdl'SWing from the
,,-~ wort. SelI8r to cat 'No CutS' ~ haY& aI utiItkl8 and easemen1S marted. Buyer to mark all
underground utiitie8 from the house to the sera areas. seuer 8SSI.IneS respooslbifttY for those
UlIIties ~ed. but does not assume I9$pOI1Sibidy for 8nf undergrouOO utlitieS that are unmartted
and Is not BabIe for damages,
TERMS
Payments of the atorernentIoned ptfCeS. ~ Yt1lt\ P8':r'Mf'1t d etrf extraS that may be agreed upon
betWeen GATOR LANDSCAPING ard Buyer shaD be roD t> GATOR LANDSCAPING.
A reasonable sum required as a depost end the ba8nCe to be paid in drawS a'\d final payment as set forth
In this Proposal. Any invoice not paid within 30 days of completion date shaI be considel'ed delinquent and
Interest at th61ega1 rnaxInUn rille aIoWed by IIreV sh8II be oh8lged. Buyer thafl pay atrt coIlectlon chages
JncurrecI dUe to delinquent zccurt;
A performalCe bond ~oUwbond, I desired byaJyer,.shaII be.J)fCWided at Buyer'sexpense.
There are no promlsaS, ag~ 01' undefStandlng betWeen Buyer and GATOR LANOSCAptNG not
contained In this agreement.
PlANT MATERIAlS WARRANTY
OUr warranty COY9lS Irees for one yeBl and shrub8 for nk1etY (90) days. This warrardy IS good as long as
our maintenance prognrn is fobVed n we are mmediately notIf'ted when problem areas first arise. Acts
of God rot covered with tt1Is warranty.
Transplanted materia nm oovered by warranty. 16e,S
Agenda Item No.).8S6
May 25, 2004
6 of 9
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Ha~ 07 04 04:56p Hannula Landscaping, Inc. (239J-498-6818 p. 1
Hannula Landscaping~ Inc.
Fax Cover Sheet
Date: May 7, 2004
Please Deliver The Following Pages To:
Name: Pam Lulich
Company Name: Collier County Transportation Operations Dept
Fax # or Location: 213-5899
Regarding: Lely Classic Plantation: Relocates
From: Dale Hannula
# of Pages 2
Including Cover Sheet: 3
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL
OFFICE AT (239) 992-2210.
Comments:
Thank you.
Hannula Landscaping, me. - 28131 Quails Nest Lane - Bonita Springs, Fl. 34135 e;S
Phone (239) 992-2210 - Fa.x (239) 498~818 I ~
Agenda Item No. ~
May 25, 004
7of9
Ma~ 07 O~ 04:56p Hannula Landscapin~, Inc. (23S1-4S8-6818 p.2
!
-
I PROPOSAL I
Hannula Landscaping, Inc.
Hannula Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs. FL 34135-6932
Phone 239-992-2210 - Fax 239-498-6818
PROPOSAl SUBMITTED TO: DATE May 7. 2004
Collier county Transportation FAX 213-SS99
Operations Department JOB Lely Classic Plantation: Relocates
Atb1: Pam Lulich CITY Naples
WE HEREBY SUBMIT ESTIMATES FOR THE ABOVE NAMED PROJECT IN ACCORDANCE WITH THE
SPECIFICATIONS Of THIS PROPOSAL. ALL lABOR AND MATERIAlS WILL BE FURNISHED IN COMPLETE
ACCORDANCE WITH THE SPECIFICATION OF THIS PROPOSAL
ITOTAL PROPOSED COST 1$ 11,000.00 I
WARRANTY
All plant material is guaranteed to meet specifications as stated herein. Any alteration or deviation from said
,- specifications involving extra costs W11 be executed only upon written orders and wiD become an extra
charge over and above the estimate. Shrubs and ground covers are guaranteed 90 days, shade trees and
palms 180 days, and sod 30 days. The Contractor win replace any plant that dies or is not established during
said warranty period if cause is due to negligence or poor workmanship by the Contractor. Maintenance of
the planting and sod after the date of acceptance to the end of1tle guarantee period shall be by the Owner,
The irrigation system on fue materials and workmanship is guaranteed for a period of 12 months from the date
of installation, excluding damages by third parties, theft after installation, or damage or loss due to an act of
nature.
Contractor is not responsible for any cut cables, Hoes, pipes, or wires that cannot be accurately located and
marked by No Cut personnel. Alterations or deviations from the above speci1ications will be executed only
upon written orders and will become extra charges over and above the estimate.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do
the work as specified.
-
Date Hannula Landscaping, Inc.
- ~vP
Agenda Item No. ~
May 25, 2004
8of9
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Ma~ 07 04 04:5Sp Hannula Land5capin~, Inc. (239)-498-S818 p.3
.- --- - . - I ... . . 'HANNULA LANDSCAPING &.IRRtGATION~'TNC:- ." , r
BID COST
PROJECT Lely Classic Plantation: Relocates
DATE 5nJ04
ITEM QTY DESCRIPTION SPECIFICATIONS TOTAL COST
Reloc 10 Relocate Royal Palms lump sum
Includes:
Relocation
Staking
Initial Watering
Owner to flag locations with access for crane and beyond utilities,
On-going watering and maienance is not incIuckJd.
Guarantee is not induded..
TOTAL BID COST $ 11,000.00
LANDSCAPE NOTES:
REMOVAL OF EXOTICS. PROVIDED BY OTHERS,
SITE PREPARATION & GRADING . PROVIDED BY OTHERS.
ALL LANDSCAPE MATERJALMUST BE IRRIGATED BY AN 100% OPERATIONAL
IRRIGATION SYSTEM IN ORDER TO WARRANTY MATERIAl. INSTALLED.
RElOCA TJON Of' ANY MATERIAl- WIlL HOT BE WARRANTED BY TI-HS CONTRACTOR.
THIS CONTACTOR IS NOT RESPONSIBLE FOR MATERIAl OETERIORATWG DUE TO MANOATED
WATER ReSTRICTIONS.
GEJERAL NOTES:
SUBCONTRACTOR SHAU. FURNISH AU./TEMS SPECIFIeD IN SCHEDULE OF VAlUES. CONTRACTOR!
OWNER SHAlL BE SOlELY RESPONSIBLE FOR THE ACCURATENESS OF THE PlANS AND SPECIFICA nONS
AND SHAlL RELEASE HOLD HARMLESS SUBCONTRACTOR FROM ANY DAMAGES RESUlTING FROM
INADEQUATE, INACCURATE, OR VAGUE lNFORM'AllON SUPPLED BY THE CONTRACTORlOWNER.
1(P~r?
Agenda Item No. :
May 25, 004
9 of 9
f"
-""'-
EXECUTIVE SUMMARY
Recommendation that the Board award Bid No. 04-3656 "Installation and Maintenance
of Traffic Signals" to E.B. Simmonds Electrical, Inc. and to Mid-Continent Electric, Inc.
at an estimated annual cost of $890,000.
OBJECTIVE: To provide a contract for use by the Traffic Operations and Alternative
Transportation Modes Department for installation, maintenance, and repair of traffic
signals and related equipment throughout Collier County.
CONSIDERATIONS: In consideration of anticipated traffic signal installation,
maintenance, and repair needs for Fiscal Year 03-04, a bid was issued by the Purchasing
Department.
Bid 04-3656 was publicly advertised on March 18,2004. Notices were sent to ninety-five
(95) firms with five (5) firms requesting full packages. Two (2) responses were received
by the due date of April 7, 2004.
Staff has reviewed the bids results. The Method of A ward utilized for award of this
contract was based on comparing the quotes, based upon contract bid prices, of two
....-" sample Work Orders, (attached for your reference). B.B. Simmonds Electrical Inc. had
the low quote on Work Order One, representing work involved in constructing a typical
new traffic signal installation. Mid-Continent Electric, Inc. had the low quote on Work
Order Two, representing typical maintenance/repair work.
Therefore, it is Staffs recommendation to award Bid 04-3656 to both firms, with E.B.
Simmonds Electrical, Inc. as primary vendor and Mid-Continent Electric, Inc. as
secondary vendor for new traffic signal installation work. For maintenance and repair
services Mid-Continent Electric, Inc. will be primary vendor and E.B. Simmonds
Electrical, Inc. will be secondary vendor.
FISCAL IMPACT: Funds in the amount of $140,000 are available in the
Transportation Services Fund 101 and $750,000 in the Transportation Supported Gas Tax
Fund under project 60172. Source of funds are Gas Taxes and Ad Valorem Taxes.
GROWTH MANAGEMENT IMP ACT: While this has no direct impact on the Growth
Management Plan, it is consistent with the goals of the Country to streamline and
expedite the procurement of services.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-
3656 "Installation and Maintenance of Street Lights" to E.B. Simmonds Electrical, Inc.
and Mid-Continent Electric, Inc. as referenced herein.
~
Agenda Item No. 1686
May 25, 2004
1 of 13
-- "~",,,,~.-,,,,,""''''';''''',,..,.''''''''' ,
COLLIER COUNTY
.- BOARD OF COUNTY COMMISSIONERS
Item Number 16B6
Item Summary Recommendation that the Board award Bid No. 04-3656 "Installation and
Maintenance of Traffic Signals" to E.B. Simmonds Electrical. Inc, and to Mid-
Continent Electric, Inc.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By"
Robert W. Tipton, P.E. County Traffic Operations Engineer
Transportion Services Traffic Operations/ A TM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/11/20048:52 AM
Approved By
Scott Johnson Purchasing Agent Date
Administrative Services Purchasing 5/11/2004 8:44 AM
Approved By
Traffic Operations and Ait Trans
Diane B. Flagg Modes Director Date
,.",,-., Traffic Operations/ A TM
Transportion Services 5/12120044:11 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12/20043:49 PM
Approved By
Norm E. Feder, A1CP Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 5/13/2004 1 :35 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 5/14/20042:38 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/14/20044:06 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/15/200410:56 AM
Approved By
- James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20047:07 PM
Agenda Item No. 1686
May 25, 2004
2 of 13
-.--, ___"___W'~'"~. >'~- ---,._-
-. -.-.- - -.
/JIJIC- C~NrIN~Nr ElL~ T~'fC/.:I..vc.
Bid No. 04-3656- Installation and Maintenance of Traffic Signals Page 24
Typical Work Order #1
New sienal construction
Quantit
Item No. Descriotion Unit \I Unit Cost Extension
A 1 12 Foot Pedestal 88 1 Ittb 00 ~ zo. 0 c.J
AS 46 Foot Class VII Pole ea 2 ~y~ t" ~" a:>
634-4-114 Soan Wire Assembly If 150 J!. ^ 0 (~~. 00
649-113-003 Mast Arm Assembly (Sinele arm 47-60 foot) ea 1/' /1_ 7/'10. OLJ
649-124-205 Mast Arm Assembly (Double arm 61-70 & 47-60 foot) ea 1 ~~ ~/. tna D L!J
660-2-106 l6'x30' Tyee F Quadraoole (First LOOD) . ea 1 .,".CD UP . 750 (;I,c
660-2-106 16'x30'Tyee F Quadraoole (Additional LOODS) ea 12 ~ ?.b. b.. 7"'&/0.0 0
660-9-9 lAdditional Lead-in Cable If 600 I. 00 . ~OO. CO
660-1-10 Inductive LOOD Detector (2 channel rack mounted delay) ea 8 2Pn.,,~ 724/0. t.:> 0
630-1-12 Conduit (Underaround) If 600 c.{. 00 '71./00. b Q
.630-1-14 Conduit (directional Bore) If 800 21/.c:JO Ie{ ?JW:> ~~
632-7-1 Cable (Sienall Di 1 "h)DD ">:/00.00
620-1-1 Groundina Electrode f 200 1I.t:10 am ~.....
635-1-11 Pull and Junction Boxes as 12 ~ ,,_ -~, -1'>.00
635-1-15 Pull and Junction Boxes (Fiber Ootic) ea 1 "'/./'100 -- 7'0. "v
650-1-131 Traffic Sienal (12" All LED. 3-Section One-WaY) ea 8 --, 0-, - -. e:>o
650-1-151 Traffic Sienal (12" All LED. 5-Section. One-Way) ea 2 '1.1' ~ ~ 7 z.t/. OC)
653-112 Pedestrian S'lQnal (LED. Solid HandlMan. Count Down Two-way) ea 4 -, ~Q ~ "7 I 2.0 . (;) 0
670-5-110 rrraffic Controller AssemblY ITS2 SYStem comoatible) ea 1J~/otJ.tJo j.;; J nn n,~
575-1-1 Sod - Bahia sy 3C /,... Oe> I '" ~ 00.
522-1 Concrete Sidewalk (4" thick) Isy 1E '= O.Cla Q^"". 0 c)
Arrow Board Ihr 32 Ic. 00 ~'20. 00
Material Mark-uo on non-bid items Yo 400C J a I S" ~ I, .... . (;) ~
/Total J <.J 15c..f. 0 j}
Typical Work Order #2
Traffic Sienal Reoair Call
Item No. Descriotion Unit Quantity Unit Cost Extension
Troubleshoot malfunction -labor hr 4 li ~o J 2"" R. 00
Troubleshoot malfunction - labor - overtime hr 4 Ci? ~ 0 I aa 0 D
Vehicle - pickup truck hr 4 I^ ,~O I./~ D D
Bucket truck Ihr 2 "?C. e>~ ?n. DO
lA.rrowboard hr 2 ~rl. O~ ?~ nO
665-11 Pedestrian Detector ea 1 I 2~. DD J '7 ~ ~C>
632-6-1 Cable (Sianal) (Minor Work) If 200 I. ~o J 2. 1:.0.00
659-101 Sianal Head Auxilliaries (Back Plate - 3 section) lea 4 i:10. 0 0 ~ t.. D c> 0
Total oj I a I ,.,"0
Agenda Item No. 1686
May 25, 2004
3 of 13
.- -
E.11. SO''1~'''N'U EI.I,.,;eltU,L/ .r ",u',
, Bid No, 04-36S6-InstallatiOD and Maintenance of Traffic Signals Page 24
- Typical Work Order #1
New sienal construction
Quantit
Item No. Descrintion Unit y Unit COSt Extension
A1 12 Foot Pedestal ea 1 ,;,')n nr .::')n nn
~ 46 Foot Class VII Pole M :l 2900.0< 5800.00
~344-114 Soan Wire AssemblY If 15C 5.0< 750.00
&49-113-003 Mast Arm AssemblY (Sinale ann 47-60 1000 ea 1~61j4.U' 16154.UU
* 649-124-205 Mast Arm AssemblY (Double ann 61-70 & 47-60 footl ea 1"4861.0 24861.00
660-2-106 6'x30'Tvoe F QuadraDOIe(First Loool ea 1 750.oe 750.00
660-2-106 16'x30'Tvoe F Quadraoole (Additional Looos) lea 12 700.0r A~nn_nn
660-9-9 Additional Lead-in Cable !If 600 1.0e 600.00
660-1-10 Inductive Looo Detector (2 channel. rack mounted. delav) ea e 260.0( 2080.00
630-1-12 Conduit (Underaround) If 60C II. ,2r ')o:')n nn
630-1-14 Conduit (directional Borel If 80C :24,O( 19200.00
1632-7-1 Cable (SianaO OJ 1 2100.0( 2100.00
1620-1-1 Groundina Electrode ., 20C 4.0( 800.00
1635-1-11 pun and Junction Boxes ea 12 235.0( 2820.00
635-1-15 Pull and Junction Boxes (Fiber Ootie) sa 1 "70:0 nr ""0 nn
650-1-131 Traffic Slanal (12" All LED 3-Section One-Wav) lea e 720.0( 5760.00
,..-.. 650-1-151 Traffic Slanal (12" All LED 5-SectIon One-Wav) lea 2 . ^,^ nr ....^^ nn
653-112 Pedestrian S/anal (LED Solid HandlMan Count Down T'.' _..~ lea .01 1 ')J.n nr J.o.:.n nn
670-5-110 Trame ControI1er AssemblY CTS2. comoatible) ea 1113988.0C 13988.00
575-1-1 Sod - Bahia Iv 3C '"- ^, ~on nn
1522-1 Iconaete Sidewalk (4- thick) Iv 1f ,;,n nr onn nn
~ Board Ihr 32 7.0C 224.00
Material Mam-uo on non-bld items ~ 4000 600.0C 4600.00
Irotal 120946.00
Irvpical Work Order #2
Irraffle Slanal Reoair Can
Item No. Oescriotion Unit Quantitv Unit Cost Extension
Troubleshoot malfunction - labor Ihr .01 32.00 1')0 nn
Troubleshoot malfunction -labor - overtime hr .01 48.00 192.00
Vehicle - OickUD truck Ihr 4 10.00 40.00
Bucket truck hr :I 35.00 70.00
rd hr :;! 7.00 14.00
1665-11 Pedestrian Detector ea 1 171.00 171. 00
632-6-1 Cable (Slana\) (Minor World If 20C 5.35 1070.00
659-101 Siona! Head Auxitnaries (Back Plate - 3 section) ea .01 150.00 600.00
. h" etal ??RC; .nn
,-
*_ Unit. cost based on Item No. .which is for a different descriptioJAgenda Item No. 1686
May 25, 2004
4 of 13
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EXECUTIVE SUMMARY
Award bid #04-3651, Livingston Road (Radio Road - Pine Ridge) median landscape
improvement construction project to Hannula Landscaping, Inc. in the amount of
$989,892.04.
OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR
881)(Radio Road to Pine Ridge Road) in conjunction with the Collier County Landscape
Beautification Master Plan.
CONSIDERATION:
1. On March 19, 2004, the Purchasing Department sent notices to 40 vendors for the
landscaping and irrigation installation of Bid #04-3651, Collier County Landscape
Beautification Master Plan, Livingston Road from Radio Road to Pine Ridge Road
Median Landscaping Installation.
2. On April 1,2004 at 11:00 am, a non-mandatory pre-bid meeting was held, at which time
all prospective bidders had questions answered regarding the bidding documents for this
project.
3. On April 20, 2004 at 2:30 p.m. four (4) bids were received and opened. Staff reviewed
the unit pricing on the bid tab, and Vila & Son submitted the lowest bid. Vila & Son bid
did not provide a licensed pavement contractor or a licensed electrical contractor and was
therefore deemed to be a non-responsive and unqualified bidder. At the pre-bid meeting,
bidders were notified to list all licensed subcontractors (Collier County Ordinance 87-25
/'~ as referenced in Part B-Instructions to Bidders, Section 15, Use of Subcontractors).
4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder,
and therefore recommends award of this bid to Hannula Landscaping, Inc.
5. Through negotiation and value engineering, Hannula Landscaping Inc. lowered the
installation costs to a base bid amount of $891,056.64.
Staff recommends including in this award, Section XII General Project Alternative Bid Item #3
Mulch (Pine Straw) for $16,659.90, Section VII Retention Ponds, Floating AeratorslFountains:
Items #1 and #2 for $34,280.00, Section IX Retention Ponds, Landscape for $12,962.15, Section
X, Retention Ponds-Irrigation $34,933.35. Staff recommends awarding alternate items in the
amount of $98,835.40. Although wet rctention ponds were approved at a level B landscaping, it
was not budgeted in the Landscape Beautification Master Plan. The additional irrigation is
needed around the retention ponds to maintain donated plant material. Staff is recommending the
value engineered base amount and alternates be awarded in the total amount of $989,892.04.
(See attachment: Value Engineer Bid Tabulation) There is no contingency available for the
project.
Originally, the estimate was based on 2 miles of landscaping according to the Landscape
Beautification Master Plan, approved on April 22, 2003. The Board approved that the project be
extended an additional 2 miles to include the portion of roadway from Radio to Golden Gate
Parkway without additional funding. Although we were able to lower the project costs, the
Landscape Beautification Master Plan anticipates $309,100 per mile at a level B-C1. The
construction costs for 4 miles of landscaping are well below the allocated amount defined in the
master plan. Also the medians are 10 feet wider than estimated in the Landscape Beautification
Master Plan, this increase in median area also affected the cost. Since this is a new roadway,
,- electrical and water services are not available for irrigation and meter connections driving the cost
of utility connections higher than anticipated.
Agenda Item No. 1687
May 25, 2004
1 of 41
_._.'........,,,,,,,;',,,.,,,.,....,,....._""....., --.,~..,_. ,";",~",...""'*'-","'.,...."">'",',',".,."
Executive Summary
Page 2 of 2
FISCAL IMPACT: Total funds needed are $1,100,542.20. The total funds in the amount of
$734,023 are available in the Landscape MSTD General Fund (112) [or Livingston Road (Radio
Road - Pine Ridge Road). With the low base bid amount and alternates, the total amount nceded
to award this bid to Hannula Landscaping, Inc. is $989,892.04.
County costs for the Motorola Central Control Irrigation components ($39,896.18), surge
protcction ($1,974.00), effluent tapping fccs ($4,255.00), right-of-way permitting ($600.00), and
Florida Power & Light electrical connections ($63,925.00) total $110,650.18
A budget amendment is needed to transfer funds into this project in the amount of $366,519.20
and will come from the following projectslReserves:
$101,900 from the MSTD Landscape General Fund Reserves, $153,126 from the Davis
Boulevard Phase II project (60098), and $111,493.20 from the Davis Boulevard Phase II
Maintenance (62013). Source of Funds are MSTD General Fund Landscape.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board award Bid #04-3651,Livingston Road (Radio Road to
Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping,
Inc., approve the necessary budget amendment, and authorize the Chairman to execute the
standard contract after review by the County Attorney's Office.
Exhibits:
1. Bid Tabulation
.- 2. Hannula Vale Engineering
3. Motorola
4. Hit Products
5. Water Tapping Estimate
6. Florida Power & Light
-
Agenda Item No. 16B7
May 25, 2004
2 of 41
_,_n
COLLIER COUNTY
..'.-
BOARD OF COUNTY COMMISSIONERS
Item Number 1687
Item Summary Award bid #04-3651.livingston Road (Radio Road to Pine Ridge Road) median
landscape improvement construction project to Hannula Landscaping, Inc, in
the amount of $989,892.04.
Meeting Date 5/25/20049:00:00 AM
Prepared By
Pamela J. Lulich Project Manager
Transportion Services Traffic Operations/ A TM
Approved By
Traffic Operations and Alt Trans
Diane B. Flagg Modes Director Date
Transportion Services Traffic Operations/ ATM 5/12/20044:12 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12/200410:26 AM
Approved By
~_. Pamela J. Lulich Project Manager Date
Transportion Services Traffic Operations/ A TM 5/121200410:20 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/14/200411:12AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/14/200411:12 AM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 5/14/20042:10 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/14/20042:19 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20049:40 AM
Approved By
",.-
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20046:42 PM
Agenda Item No. 1687
May 25,2004
3 of 41
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Agenda Item No. 1687 .1>0
.1>00
May 25, 2004
20 of 41
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Ha~ OS 04 10:11a Hannula Landscapinr;, I I.nc. 12391-498-.6818 p. 1
-
HANNULA LANDSCAPING, INC.
28131 Quails Nest Lane
Bonita Springs, FL 34135
941-992-2210
TO: Transportation Operations Department SENT VIA FAX: 213-5899
ATTN: Pam Lulich
FROM: Dale Hannula
RE: Bid # 04.3651 Uvingston Road (Radio Road To Pine Ridge Road)
DATE: 5-5-04
- Pam:
Attached is the "value engineering" for the above referenced project. I have revised
the bid schedule to reflect aD of tbe cb.anges. You will note ( ** ) this symbol before
each item that was adjusted. The adjustments reOed the following:
1. "Rotor Till" has been changed from 6" & 12" to 4" & 6".
2. "M-Roots" Fertilizer has been deleted and substituted with a granular
fertilizer applied as a top dress.
3. The jumbo valve box extensioas, pea gravel, and brick supports at the main
line sleeving connections have been deleted. The locator discs and locator
tape will be insUlled.
4. The 1.25" conduit for tbe valve wiring bas been deleted.
5. Tree, palm, and shrub sizes have been reduced, and price changes made on
both the base bid and alternates.
6. The planting soil backfiB bas been deleted.
7. Quick coupler keys bave been deleted on the base bid.
The result of the value engineering is a revised base bid of S 891,056.64. The pine
straw mulch totals S 16,659.90 for a total of $907,716.54. Alternates are as shown on
the attacbed bid scbedule.
Additional savings may be realized by deleting some of the mist heads at the ends of
the islands and valves that would run these heads. A preliminary estimate is (224)
heads at $39.00 and (10) valves at $306.00 for a total of $11,796.00. This adjustment
-- must be subject to a redesign to be sure we have 100% coverage.
Agenda Item No. 1687
May 25, 2004
21 of 41
- -_.---_.......- .--- ~---
-..-.--..
Ha~ 06 04 10:11a Hannula Landscapin~, Inc. (239)-498-6818 p.2
Another option is to reduce the main line through the slee'\'es to 2.5" thereby
allowing us to reduce the 6" sleeves to a special order 4" pipe that will allow us to fit
the 2.5" pipe and coupling through the pipe. This pipe is classified as HDPE SDR
11.5 and has a 4.75" ID allowing us to insert the 3.25" pipe and coupling with a
J.5tt clearance. The savings are as foUows:
Delete (1803 L.Ft.) Of 6" Sleeves At $26.55 = $ 47,869.65
Add (1803 LFt.) Of 4" SDR 11.5 Pipe At $21.55 == 38,854.65
Total Deduct = S 9,015.00
Note: This savings is subject to availability of the pipe and acceptance by the
County.
Please call me to meet and discuss tbe 'CyaJue engineering".
Thank You,
Dale Hannula
Agenda Item No. 1687
May 25,2004
22 of 41
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Agenda Item No. 1687
May 25, 2004
23 of 41
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Ma~ 06 04 10:11a Hannula Landscapint;. Inc. (239)-498-6818 p.4
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May 25, 2004
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May 25, 2004
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May 25, 2004
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May 25, 2004
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Agenda Item No. 1687
May 25, 2004
28 of 41
--_._,.~ " ~..,,-,.- ''''"'''"~',".,-,.._".,,,...~,,,~.,..,,~,,.
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Ma~ 06 04 10:12a Hannula Land5capinc;. Inc. (239)-498-6818 p.9
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Agenda Item No. 1687
May 25, 2004
29 of 41
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I NAME/ADDRESS
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i COWER COUNTY GOVERNMENT
i 2705 SOUl1i HOASESHOE DItIVE i
I NAPLES. FLORID . , . ,.~ ,
f AlTENTION~:~'< j~:', ,
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TERMS REP FOB l PROJECT {
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COST i TOTAL
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1,415.94 1,435.94 I
22~.()() 21$.00
1..446.20 1,446.10,
~.44 t 648.44 1
111.38 I 11 1-38 t
24~.OO I 490.00 !
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, 30 of 41
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; "... I" ITEM " i':;~'::;.OESCRIPTION' .'",' , :' , "Qr:i;c:--:;! COST ! TOTAL
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Agenda Item No. 1687
, May 25, 2004
35 of 41
*
-.".,.,,---..,,-. 'H_'_,"___
.'"'""~.u,"__.._,..'"..,_, .. "^"~"._~
COLLIER COUNIY PUBLIC UTILITIES DMSION
3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-365 I, Meter #1
Effluent Il1lgatioll ~1c.tcr Sizing
To Whom It May Concern:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for
the above-rcferenced address. Based on the infonnation tbat you supplied to our office, the
requestcd t\vo-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement. the engineer should consider all relevant factors before approving the final meter
Slze.
Yau should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of$851 will be charged.
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
~~
Barbara A. Olko
Administration Assistant
C: Pam Libby , Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 1687
May 25,2004
~.. _ 360f41
c " (- ( C I (" ,. G CI W ... t "\.'
-----..-----~----~'~------
r:.IC_....:__...:.._ T_"I\I~.... lo.....:....rn_;........~ ".~: _.'_.. p, ,._~
,......
COLLIER COUNIY PUBLIC UTILITIES DMSION
--
HOl E. Tamiami Trail · Naples, 1101ida 34112 · (239) 732-2575 · FAX (239) 732-2526
April 22, 2004
Collier COlmty Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #2
Effluent Irrigation Mcter Sizing
To Whom It May Concern:
Our office has reviewed thc rcvised preliminary effluent irrigation meter sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) cffluent irrigation meter meets our minimum requirement and is
,...-. therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimmn size
requircment, the engineer should consider all relevant factors before approving the final meter
sIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged.
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Si~~
Barbara A. Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Enginecring Services
..""'-~.
Agenda Item No. 1687
May 25, 2004
37 of 41
~.
c:: " ( 'I ; t~. .- c:: " t. .. t "
-- ----~-~
- - . . _. . _. .
---'-'-- ....,"- . _,'''.N'''''~'' ~,-"p-". .......-
COLLIER cOUNIY PUBLIC UTILITIES DMSION
3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2;26
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #3
Effluent frrigatioll Meter Sizing
To Whom It May Concern:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for,
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged.
If you have any further questions or concerns regarding the information contained in tlus letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sinccrcl~y'..
~~~.Q.9JI~
Barbara A. Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 1687
May 25, 2004
(~~7 38 of 41
c " " c;. <' .. .. ~ ~'
---- ----. -
r:./C_............;..... T_"',I.."",,~ \.";.;__/D_; ~.... ,'_; _....... r:. ~.-..
-
COLLIER COUNIY PUBLIC UTILITIES DMSION
3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526
April 22,2004.
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #4
Effluent Irrigation Meter Sizing
To Vvl10rn It May Concern:
Our office has reviewed thc revised preliminary effluent irrigation metcr sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
Y Oll should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged.
If you have any further questions or concerns regarding the information contained in this lctter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely,
~g)ktr
Barbara A. Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
- Wes Hill, Engineering Services
Agenda Item No. 1687
May 25,2004
-~ 39 of 41
.-.:"
c " ( "I ' i (' - c " .. " , ,.
... -----....;=--...-----.,..--_...----........... -
- - . , - . . .
. ~.~'.... .._---". ._eO..
,. .._....~, ..--
COLLIER COUNlY PUBLIC UTILITIES DMSION
3301 E. Tamiami Trail · Naples, Florid.134 112 · (239) 732-2575 · E-\..X (239) 732-2;26
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #5
Effhent Irrigation Meter Sizing
To Whom It May Concem:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of$851 will be charged.
Tfyou have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely,
~ct-Q~
Barbara A. Olko
Administration Assistant
c: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 1687
May 25, 2004
~ 40 of 41
.-
c " I t ~.; ,. .' c:;. ., .. .. to Y
---- --.
,...,.,..-~_..~-_.... "'''.,.,-'":.- .......-.. ..... . .
i
-~. ~
E. B. 51MMOND5
4406 Exchange. Avenue #105 Electrical, Inc. N.ples (239) 643-2770
Naples, Florida 34104-7024
STREET LIGHTING . UTILITIES . GENERATORS
INDUSTRIAL AND COMMERCIAL
Estimate and Contract REVISED
TO: Collier County Government May 10. 2004
Traffic Operations and A TM (Alternative Transportation Modes) Quote #0041 0345
2705 South Horseshoe Drive .
Naples, FL 34104 .
Phone: (239) 213-5886 Fax: (239) 213-5899 f~ E\' J S ~ l)
Attention: Darryl Richard
We hereby submit specifications and estimates for: Electrical Service for Livingston Road I Radio to Pine Ridge, Bid 04-3623
Service #1 .59,500.00 Service #2 - $15,625.00 Service #3 - 514,150.00 Service #4 .59,000.00 Service #5 - 515,650.00
10421 Livingston Rd. 10958 l,-iyipgston Rd. 11545 Livingston Rd. 12295 Livingston Rei. 13039 Livingston Rd
looA, I-Phase l00A.. '-Phase! lOOA, 3-Phase l00A, 3-phase looA, 3-phase
(3-phase not available) ISO' directional bore 150' directional bore FPL charges FPL charges
FPL charges 900' open trench 150' open trench (up to $1,250.(0) (up to $1,250.00)
(up to Sl,250.op) FPL charges FPL charges
C'~ \\ (uptoSl,250.00) (up to $1,250.(0) ~ ~~\c -r- 50 ~,~ ~~ '\
oi;li \ 0. , \ \ , \ "SS stA 'bd-. S1 ~. \ ~t)
. Total Material, Equipment, Labor, and M.O.T. $63 925 00
Above services include permitting and: Fill dirt (ifneeded) Sod (if needed) FPL charges
" Concrete slab Senice lateral Equipment hook-up
Note: this figure is for budget purposes only. Invoice will be based on time and material and will be itemized per Annual Contract.
THIS CONTRACf EXCLUDES ANY & ALL PERMIT, INSPECfION, IMPACf AND UTILITY FEES. ALL AMOUNTS
EXPRESSED AND TO BE PAID IN US DOLLARS.
PRICE DOES NOT INCLUDE ROCK REMOVAL OR DRILLING WHEN EXCAVATING.
We hereby propose to furnish the above complete in accordance with the above specifications for the sum of
Sixty -Three Thousand Nine Hundred Twenty-Five and 0011 00 Dollars.
Payment to be made as fofollows: In full upon completion
It is the responsibility of the purchaser/owner to provide adeqlUlte access to the job site. If during the course of the job it becomes necessary to
traverse sidewalks, driveways, grass or sod. flowerbeds, sprinklers. etc. Every effort will be made to avoid any damage.
Should breaks occur as a direct result of our machinery, repairs may be made at additional cost to the owner.
All material used in this contract is guaranteed to be as specified, and the entire job iso be done in eat and substantial manner. Any alteration or
deviation from the specifications herein agreed upon involving extra cost of labor and material wi! executed upon either a \\ntten or verbal
order for same, and will become an extra charge over the sum mentioned in this contract Purchll! grees to pay interest char of I 1/2% per
month which is an annual rate of 18%. In the event payment is not made, purchaser agrees t 8r. and expenses of co tion including
interest and attorneys fees.
Signed by
ACCEPTANCE OF ESTIMATE
The foregoing tenos, specifications and conditions are satisfactory, and the same are hereby accepted and agreed
to, and hereby authorize you to execute the same.
Agenda Item No. 1687
Date Signed by May 25. 2004
41 of 41
-
EXECUTIVE SUMMARY
Approve Professional Services Agreement No. 04-3587 in the amount of
$833,297 for design services to be provided by American Consulting
Engineers of Florida, LLC, for capacity improvements to County Barn Road
from Rattlesnake Hammock Road to Davis Boulevard, County Project No.
60101
OBJECTIVE: To obtain Board approval of the negotiated Professional Services
Agreement with American Consulting Engineers of Florida, LLC, for design and
engineering services for roadway and capacity improvements to County Barn Road from
Rattlesnake Hammock Road to Davis Boulevard, including improvements to the
intersection of County Barn Road and Davis Boulevard.
CONSIDERATIONS: The Board of County Commissioners approved the 5 Year
Transportation Work Program at their workshop of December 20, 2002. The approved
Work Program included capacity improvements to County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard. A Request for Proposals (RFP #04-3587) was
issued on October 24, 2003, for design services required for the proposed project.
Notices were sent to 165 firms with three fIrms submitting proposals by the due date of
-- December 5, 2003. On January 13, 2004, the Board approved a shortlist of the three
fIrms for contract negotiations, Agenda Item (16)(B)(5), with American Consulting
Engineers of Florida, LLC, ranked fIrst of the three fmns. Staff negotiated a fair and
reasonable fee of $833,297 which includes optional services in the amount of $65,290.
This fee is a reduction from $994,555 ftrst proposed which included $62,867 in optional
services. This is a negotiated reduction of 17.6% in the fee for basic services.
FISCAL IMPACT: Funds in the amount of $833,297 will come from Transportation
Supported Gas Tax and Impact Fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: Capacity improvements to County Barn Road
are currently identified on the Capital Improvement Plan, crn No. 33, and are consistent
with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve a
Professional Services Agreement with American Consulting Engineers of Florida, LLC,
in the amount of $833,297 for design and engineering services for roadway and capacity
improvements to County Barn Road from Rattlesnake Hammock Road to Davis
Boulevard, and authorize the Chairman to the sign the standard, County Attorney
approved agreement.
-
Agenda Item No. 1688
May 25, 2004
Page 1 of 2
~_~'"""'U"._"''' ,.'. .,......'-.".;.,."_"'...,...""'H....,..-,"'."...".,.,,.".' , ".~__._.o",.._.._.._'...,',.....'..._~,_
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-~_.
Item Number 1688
Item Summary Approve Professional Services Agreement No, 04-3587 in the amount of
S833,297 for design services to be provided by American Consulting Engineers
of Florida, LLC. for capacity improvements to County Barn Road from
Rattlesnake Hammock Road to Davis Boulevard, County Projecl No, 60101
Meeting Date 5125/2004 9:00:00 AM
Prepared By
Allen R. Ruth. P.E. Senior Project Manager
Transportion Services Transportation Engineering and
Construction
Approved By
Eugene Calvert Principal Project Manager Date
Transportalions Services Transportation Engineering and 5/10/200411:50 AM
Construction Management
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5111/20042:39 PM
Approved By
Gregg R, Strakaluse Transportation Engineeringl Date
Construction Mgmt Director
Transportation Engineering and 5/12/200410:05 AM
Transportion Services Construction
Approved By
-
Lisa Taylor Management/Budget Analyst Date
Transportion Services Transportation Administration 5/12120042:01 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/13/2004 3:06 PM
Approved By
Senior Purchasing and Contracts
Kelsey Ward Agent Date
Adminislrative Services Purchasing 5/13/20043:00 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 5/14120042:23 PM
Approved By
Nonn E. Feder, AICP Transportation Division Administrator Dale
Transportion Services Transportation Services Admin. 5/14/20042:34 PM
Approved By -
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 511412004 5:00 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/20049:58 AM
;.-"''', Approved By
James V. Mudd County Manager Dale
Board of County
Commissioners: County Manager's Office 5/17/20047:01 PM
, Agenda Item No. 1668
May 25, 2004
Page 2 of 2
__'M -_.,"--_.._,~ "'-,."".,....",",-,
/...........,
EXECUTIVE SUMMARY
Approve the purchase of 2.96 acres of land required for a stormwater retention and
treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal
impact: $316,700.00.)
-
OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a
stormwater retention and treatment pond required for the Santa Barbara Boulevard Expansion
Project.
CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved
Resolution No. 2002-442 authorizing the acquisition by gift or purchase of right-of-way and
stormwater retention and treatment pond sites which will be required for the construction of
roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081) from
Davis Boulevard to Pine Ridge Road.
At the Santa Barbara/Logan Boulevard Workshop on April 16, 2003 the Board of County
Commissioners directed staff to make variations to the original plans for the 6 laning of Santa
Barbara. The 60% plans that incorporate those changes were received January 2004 and show that
the need for the stormwater retention ponds required for the improvements did not change.
- Because the properties selected for stormwater retention ponds are currently unimproved, it has
been our goal to purchase these properties before building permits are sought by their owners. With
that in mind, the Transportation Engineering and Construction Management Department has
diligently negotiated with the property owners of these parcels since February 2003. The property
owners of the subject parcel and their attorney have been working with the County in order to reach
an agreement that is favorable to both sides.
The latest appraisal performed on this property for the County was dated February 2003 and valued
the property at $80,000.00 per acre. Market data suggests that Estates properties in this area are
increasing in value at approximately 24% per year. The appraiser hired by the property owners
concluded that the property was valued at $105,000.00 per acre.
Taking into account all reliable market data and the costs associated with condemnation, staff has
negotiated a settlement for full and fair compensation with Nancy Atwell and Keith Reed in the total
amount of $315,000.00 for the purchase of 2.96 acres described as the South 150 Feet of Tract 105,
Golden Gate Estates Unit 30, and for all other damages and expenses, including attorney fees and
expert witness costs, in connection with the conveyance of said easement. The property owners
indicated that $20,000.00 would be allocated for these fees and costs. The settlement amount
equates to $99,662.16 per acre.
FISCAL IMPACT: Funds in the amount of $316,700.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $315,000.00
purchase price and $1,700.00 for the approximate cost of title insurance and recording fees.)
Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth
- Management Plan.
Agenda Item No. 16B9
May 25, 2004
Page 1 of 6
-"'''''''--'~''''''..._".,,..,,-,,,,,.p,.,,".,,",.....,~,~ ,..<.....,..,.......0.".".,..,."....."'_...."........".-,,_
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. Authorize the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in
the public records of Collier County, Florida; and
5. Approve any and all budget amendments required.
-
..........
Agenda Item No. 1689
May 25, 2004
Page 2 of 6
-...,..,-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
._,
Item Number 16B9
Item Summary Appreve the purchase of 2,96 acres 01 land required fer a stormwater retention
and treatment pond for the Santa Barbara Boulevard Expansion Project. No,
62081. (Fiscal i!'Jl;Jact: S316,700.00,)
Meeting Date 5125/2004 9:00:00 AM
Prepared By
Debbie Armstrong Property Acquisition Specialist
Transportion Services TEeM.ROW
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Engineering and
Transportion Services Construction 5/1112004 3 :22 PM
Approved By
Tad Pluc Project Manager Date
Transportion Services Transportation Engineering and 5/1112004 3:36 PM
Construction
Approved By
Ellen T. Chadwell Assistant County Attorney Date
County Manager's Office County Attorney Office 5112/200412:05 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportion Service. Transportation Administration 5/12/2004 1 :59 PM
Appro,'ed By
-
Sharon Newman Accounting Supervi.or Date
Transportion Services Transportation Administration 511212004 4:40 PM
Approved By
Gregg R. Strokaluse Transportation Engineeringl
Construction Mgml Director Date
Traosportion Services Transportation Engineering and
Construction 51121200410:05 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transpor1ion Services Transportation Services Admin. 5/13/20041 :37 PM
Approved By
Diane Perryman Executive Secretary Date
Transportion Services Transportation Services Admin. 5114/20042:50 PM
Appro,'ed By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5114/20044:08 PM
Approved By
Susan Usher Senior ManagementlBudget Analyst Date
County Manager's Office Office of Management & Budget 5/14/20045:04 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :40 AM
Approved By
_. James V. Mudd County Manager Date
Board of County
Commifisionel'5 County Manager'. Office 5/17120047:11 PM
Agenda Ilem No, 1689
May 25. 2004
Page 3 of 6
"'-'-~~-<
PROJECT: 62081
PARCEL NO: 142
FOLIO NO: 38169480009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this _ day of , 2004, by and between
NANCY ATWEll, a single woman, and KEITH REED, a single man (hereinafter
collectively referred to as "Owner"), whose address is 6177 Star Grass Lane, Naples,
FL 34116-6709 and COLLIER COUNTY, a political subdivision of the State of Florida,
its successors and assigns (hereinafter referred to as 'Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described as: The South
150 feet of Tract 105, Golden Gate Estates, Unit No. 30, according to the plat thereof
recorded in Plat Book 7, Page 58, of the Public Records of Collier County, Florida.
(hereinafter referred to as the .Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $315,000.00 payable
by County Warrant (said transaction hereinafter referred to as the 'Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser, including all attorneys'
fees, expert witness fees and costs as may be provided for in Chapter 73, Florida
Statutes. The Owner hereby authorizes Purchaser to make payment in the
amount of $315,000.00 to American Government Services Corp., as settlement
agent for the disbursement of proceeds incident to said sale and conveyance of
the Property, and further authorizes the settlement agent to disburse $20,000,00
of the Purchase Price directly to Trust Account, Law Office of Bella Patel, P.A.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
andlor qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide
such instruments, properly executed, to Purchaser on or before the date of
Closing.
-
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
Agenda Item No. 1689
May 25, 2004
Purchase Agreement Page 4 of 6
-'" Purchase Agreement Page 2
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or .C?ovenants not contained herein.
5. Owner is aware and understands that the .offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of tille.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
-"- claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release{s) of any mortgagees) recorded against the property, and for the fees to
record any curative instruments required to clear title, except for any and all costs
and expenses required to secure and record releases and/or satisfactions from
judgment creditors, which fees, costs and/or expenses shall be the responsibility
of the Owner. In accordance with Statutory exemptions prohibiting payment of
documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp
taxes required on the instrument(s) of transfer.
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the
--. Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.) Agenda Item No. 1689
May 25, 2004
Page 5 of 6
--.+ .--..-. ...-.-- ",,--",., "'"'"'--
Purchase Agreement Page 3
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of ,2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October
22, 2002.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk Donna Fiala, Chairman
AS TO OWNER:
DATED: ,-b:::~'~
[)~~
Witness (Signature) NANCY ATwELL
UFP,f{ ,~ Mk <;-r-,(r,";( ~
Name (Print or Type)
AS TO OWNER:
i1~ ~~
Witness (Signat~~
KEITH REED
[)",rV{,t= At(H'5'1"{(t!U(,
Name (Print or Type)
Approved as to form and
le~iCienCy:
~~
Ellen T. Chadwell
Assistant County Attorney Agenda Item No. 1689
May 25, 2004
Page 6 of 6
Executive Summary
-,
Recommendation to Approve Selection of Qualified Firm and A ward a
Contract Under ITQ 04-3583 "CEI Services for Collier County Road
Projects" for Project No. 69068 "13th Street SW" in the amount of
$248,408.56.
OBJECTIVE: To engage professional Construction Engineering and Inspection (CEI) Services
from highly qualified firms for upcoming Collier County Road Projects in a cost effective
manner.
CONSIDERA nONS: On October 29, 2003, the County published an Invitation to Qualify
(ITQ) to provide CEI services for upcoming County road projects in accordance with Horida
Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent
out to 166 engineering firms, 25 vendors requested full proposal packages and 12 rcsponded to
the proposal. A selection committee reviewed the 12 proposals that were received by the due
date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive
subsequent ITN (Invitation to Negotiate). The first ITN was issued on January 7, 2004 with a
deadline for response of January 30, 2004 for Project 69068 13th Street SW. One firm, HDR
Construction Control Corp., responded with a proposal. A Selection Committee meeting was
held on March 3, 2004 , and by consensus, the firm was selected for the project. Staff has
successfully completed contract negotiations with the firm.
-, FISCAL IMPACT: Funding in the amount of $248,408.56 is available in the Transportation
Supported Gas Tax Fund under project 69068. Source of funds are Gas Taxcs.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the selection of
HDR Construction Control Corp. for award of this project contract and authorize the Chairman
to sign a standard, County Attorney approved contract.
..-
Agenda Item No. 16810
May 25, 2004
Page 1 of 2
--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 16B10
Item Summary Recommendation to Approve Selection of Qualified Firm and Award a Contract
Under ITQ 04-3583 "CEI Services for Collier County Road Projects. for Project
No. 69068 "13th Street SW- in the amount of $248,408.56.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Lynn R. Thorpe, P.E. Principal Project Manager
Transportlon Services Transportation Engineering and
Construction
Approved By
Sharon Newman Ac;counting Supervisor Date
Transportlon Servlc;es Transportation Administration 5/12/2004 3:52 PM
Appro\'ed By
Lisa Taylor Management/Budget Analyst Date
Transportion Services Transportation Administration 5/12/2004 2:39 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/17/2004 2:06 PM
Approved By
Senior Purchasing and Contracts
Kelsey Ward Agent Date
,-
Administrative Services Purc;haslng 5/17/200412:17 PM
Approved By
Diane Perryman executive Secretary Date
Transportion Services Transportation Services Admin. 5/18/20045:58 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 5/19/20048:50 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5119/2004 9: 14 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5119/20049:40 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office or Management & Budget 5/19/20049:44 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19120049:48 AM
.- Approved By
Gregg R. Strakaluse Transportation Engineering/
Construction Mgmt Director Date
Transportlon Services Transportation Engineering and
Construction Agenda Ite~.q ~U)AM
Mav 25. 2004
Page 2 of 2
.'-'.-"" ._~- -....- _....~
.-
EXECUTIVESU~ARY
Recommendation that the Board of County Commissioners approve the selection and
award of the Capacity, Maintenance, Operations, and Management (CMOM) and Staff
Optimization Assessment Contract in the amount of $59,618, plus contingency of
$12,382, for a project budget total of $72,000, Project 72517
OBJECTIVE: To comply with anticipated EPA requirements with regard to the Sanitary
Sewer Overflow (SSO) Rule.
CONSIDERATIONS: Public Utilities anticipates that the EPA will require CMOM
programs as a further enforcement measure of the SSO Rule. The CMOM program is
intended to provide a structured plan for wastewater utility management to optimize system
performance and to identify work practice areas that require specific plans and capital
improvements to avoid SSOs. The CMOM assessment will have a deliverable of an
Assessment Report, containing identified priorities, recommendations for future actions, and
documents for demonstrating CMOM compliance when the future programs are in place.
Following the assessment phase of CMOM, an implementation phase will be enacted as a
separate project in FY05. This project was included in the 2003 Wastewater Master Plan
update that is pending Board approval on May 25, 2004.
- RFP-04-3958 was posted on December 1, 2003. Each of the six proposing firms was subject
to proposal evaluation and ranked on February 4th, 2004. Because the initial rankings were
very close, staff decided to request presentations from the top three firms, which occurred on
February 26, 2004.
After interviewing, scoring, and ranking, the firms were selected for the short list as follows
by consensus of the members.
1. RJN Group
2. Malcolm Pirnie
3. TBE Group
Negotiations have been conducted with RJN Group. The price was negotiated down to 49%
of the original proposal. The revised total cost of $59,618 is for the CMOM Assessment as a
lump sum work item at $49,618, and Staff Optimization at $10,000 as a time and materials
item.
FISCAL IMPACT: The negotiated cost to perform the scope of work is $59,618. The
source of Funds is Fund 414, Sewer User Fees. This project is consistent with the 2002
Wastewater Master Plan Update adopted by the Board on February 25,2003, Agenda Item 10
(B), and with the 2003 Wastewater Master Plan that will be presented for adoption this May
25, 2004.
~,-
Agenda Item No. 16C1
May 25, 2004
Page 1 of 3
.-..... ........,_._..'"_.~."., " "'""'.,,,-,,,,,-,,_",__,~',44,,'''''',r.''' ..._q.,',_.,._",....~i..',"
--".~---,-_.,~-...,_._.,~" -'-'--'---~--
Executive Summary
CMOM Award
Page 2
This project was not included in the department's fiscal year 2004 budget. Instead it is being
initiated by budget amendment, which included a contingency. CMOM is an anticipated EPA
regulation. This uncertain status leaves open the possibility that requirements may still
changc from thc EP A guidancc prcscntcd to-date. Thc budgct amcndmcnt includcs a
contingency of $12,382 above the contracted study amount, which may be necessary to bring
the project to successful completion. Funds in the amount of $72,000, the study cost plus the
contingency, are available in the Wastewater Capital Projects User Fees (Fund 414) in Project
74075 ("Eagle Lakes Reclaimed Water Pump Station").
GROWTH MANAGEMENT IMPACT: This project does not impact the County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District:
a) Approve the selection of and award the contract for CMOM and Staff Optimization to
RJN Group for $59,618, plus a contingency of $12,382.
.-. b) Authorize the Chairperson to sign the standard Professional Services Agreement after
review and signature from the County Attorney
-
~."-"
Agenda Item No. 16C1
May 25, 2004
Page 2 of 3
R'__.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 16C1
Item Summary Recommendation that the Board of County Commissioners approve the
selection and award of the Capacity, Maintenance. Operations, and
Management (CMOM) and Staff Optimization Assessment Contract in the
amount of $59,618, plus contingency of $12,382, for a project budget total of
$72.000, Project 72517.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/10/2004 5:09 PM
Approved By
Thomas Wldes Operations Director Date
Public Utilities Public Utilities Operations 5/11/200410:32 AM
Appro\'ed By
Ron Hovell Special Projects Manager Date
Public Utilities Public Utilities Engineering 5/1112004 11 :12 AM
Approved By
James W. OeLony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 5/11/2004 4:58 PM
Approved By
-. Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/12/20049:12 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/14120045:14 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Offic;e Office of Management & Budget 5/18/2004 8: 12 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/18/20048:38 AM
Approved By
Roy B, Anderson, P.E. Public Utilities Engineering Director Date
Public Utilities Public Utilities Engineering 5/512004 5: 13 PM
Approved By
Lyn Wood Purchasing Agent Date
Administrative Services Purchasing 5/5/20049:03 AM
Approved By
Joseph B. Cheatham Wastewater Director Date
Public Utilities WasteWater Treatment 5n12004 9:03 AM
-
Agenda Item No. 16C1
May 25, 2004
Page 3 of 3
-.-'.< "-,-~.~ .'---
-
EXECUTIVE SU~ARY
Approval of Settlement Agreement Between TBE Group, Inc., Sprint Communications,
Inc., Collier County, Florida and Florida Department of Transportation, as to FIN Project
#195378-1-52-01 & 195380-1-52"..01, Contract #20534, US41, Collier County, Florida.
OBJECTIVE: To secure Board of County Commissioners' approval of a settlement agreement
between TBE Group, Inc., Sprint Communications, Inc., Collier County, Florida and Florida
Oepartment of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract
#20534, US41, Collier County, Florida. (A copy of the proposed agreement is attached hereto as
Exhibit "A").
CONSIDERATIONS: Between September 1999 and January 2002, a number of construction
difficulties occurred on this project that consisted of the widening of 7.44 km of US 41 from
Gulf Park Drive to CR 887, (hereinafter "the Project"), with great dispute regarding which party
was at fault Collier County will be absolved of any blame by virtue of entering into this
agreement and will not have to pay the approximately $101,090.78, an outside consultant
concluded was its share of the damages. Collier County will also keep the $112,857.02 in
reimbursable funds on the project held in escrow.
As a brief background on the circumstances underlying this settlement, in November 2001,
- FDOT made significant monetary claims against TBE, Sprint and Collier County arising out of
various conflicts that arose during the construction of the Project, and for which FOOT paid its
construction contractor impact and acceleration damages in excess of $2,000,000.00. In
February 2004, FDOT has made revised settlement demands against TBE, Sprint and Collier
County for a combined total of $542,619.86. In addition, Collier County has previously made a
related demand against FOOT in the amount of $94,298.25. This settlement is expressly
intended to fully and finally resolve all of the respective matters among the parties hereto, as
well as any othcr matters among thc parties arising out of or related to the Projcct.
The parties will agree as follows:
1. TBE will make a single payment to the FOOT in the amount of $410,391.53.
2. TBE also agrees to provide a total of $25,000.00 in "in-kind" services.
3. The parties will release, waive, and discharge each of the other named parties hereto.
FISCAL IMPACT: Collier County will neither pay $101,090.78 to FOOT nor receive
$94,298.25 from FOOT. FOOT will refund to Collier County the $112,857.02 balance of its
escrow account.
.-
Agenda Item No. 16C2
1 May 25, 2004
Page 1 of 6
---.,. ..--.'..- -..".,"",.;_..._~._-- . ~-".. _.'__11."""""'"
GROWTH MANAGEMENT IMP ACT: There is no impact.
RECOMMENDATION: That thc Collicr County Board of County Commissioncrs authorizc thc
Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of
the Board for the County.
,-
-
Agenda Item No. 16C2
2 May 25, 2004
Page 2 of 6
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 16C2
Item Summary Approval of Settlement Agreement Between TBE Group, Inc., Sprint
Communications. Inc., Collier County, Florida and Florida Department of
Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract
#20534, US 41. Collier County, Florida.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Jacqueline W. Hubbard Assistant County Attorney
County Manager's Office County Attorney Office
Approved By
James W. OeLony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 5/11/20044:59 PM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operallons 5/11/2004 10:42 AM
Appro\'ed By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/13/20049:44 AM
Appro\'ed By
Michael Smykowskl Management & Budget Director Date
-
County Manager's Offic;e Office or Management & Budget 5/14/2004 11 :21 AM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/14/20044:10 PM
Approved By
Roy 8, Anderson. P.E. Public Utilities Engineering Director Date
Public Utilities Public; Utilities Engineering 5/5/2004 5:31 PM
Approved By
Jacqueline W. Hubbard Assistant County Attorney Date
County Manager's Office County Attorney Office 5/6/2004 2:42 PM
Approved By
William O. Mullin, PE Principal Project Manager Date
Public Utilities Public Utilities Engineering 5/7/20044:36 PM
,,-
Agenda Item No. 16C2
May 25. 2004
Page 3 of 6
.-.---'- ----
SETTLEMENT AGREEMENT BElWEEN TBE GROUP, INC., SPRINT COMMUNICATIONS,
INC., COLUER COUNTY FLORIDA, and FLORIDA DEPARTMENT OF TRANSPORTATION,
as to FIN Project #195378-1-52-01 It 195380-1-52-01. Conb'act #20534. US41.
Collier County. Florida
THIS AGREEMENT is entered into by and between TBE GROUP, me.
(hereinafter "TBE"), SPRINT COMMUNICATIONS, INe. (hereinafter "SPRINT'),
COLLIER COUNTY FLORIDA (hereinafter "COLLIER COUNTY"), and the
FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "DEPARTMENT"),
to settle any and all accounts, claims, causes of action, issues, demands, disputes, matters
or controversies, of any nature or kind, known or unknown, that either party has, or may
have, as against one or more of the other parties hereto, as to, arising out of, or in any
way pertaining to the DEPARTMENT's FIN Project #195378-1-52-01 & 195380-1-52-
01, Contract #20534, US41, Collier County, Florida (hereinafter "the Project"), or as to,
arising out of, or in any way pertaining to any joint project agreements or other contracts
either party may have had with a party or other non-party entity that involved work
performed or to have been performed within the limits of construction of the Project
during the time the Project was actually being constructed.
As a brief background on the circumstances underlying this settlement, the
DEPARTMENT has previously made significant monetary claims against TBE, SPRINT
and COLLIER COUNTY arising out of various alleged utility conflicts that arose during
the construction of the Project, and for which the DEPARTMENT paid its construction
contractor impact and acceleration damages in excess of $2,000,000.00. Most recently,
the DEPARTMENT has made revised settlement demands against TBE, SPRINT and
COLLIER COUNTY for a combined total of $542,619.86. In addition, COLLIER
COUNTY has previously made a related demand against the DEPARTMENT for
monetary claims arising out of alleged impacts the DEPARTMENT or its construction
contractor caused to COLLIER COUNTY's JP A contractor during the course of the
Project. This scttlemcnt is cxprcssly intcndcd to fully and finally rcsolvc all of thc
respective matters among the parties hereto, as well as any other matters among the
parties arising out of or related to the Project.
As consideration, the sufficiency and receipt of which is hereby acknowledged by
execution below, the parties respectfully bind themselves and agree as follows:
1. TBE will make a singlc paymcnt to thc DEPARTMENT in thc amount of
$410,391.53. Such payment shall be made payable to "Florida Department of
Transportation" and delivered to the DEPARTMENT's attorney, E. Clay McGonagill, Jr.
The payment shall be issued and delivered within 14 calendar days of the full execution
of this Agreement by all parties. This payment is being made by TBE for the collective
benefit of TBE, SPRINT and COLLIER COUNTY.
2. In addition to the payment referenced in Para. 1 above, TBE agrees to
provide a total of $25,000.00 in "in-kind" services at no-cost to the DEPARTMENT,
such "in-kind" services to be provided on future contracts TBE enters into with the
DEPARTMENT's District One, Bartow, Florida, offices. The maximum "in-kind" credit
to be allowed on any single future contract shall not exceed five (5) percent of the total
contract value for that contract.
Agenda Item No. 16C2
Page 1 of 3 May 25,2004
Page 4 of 6
,..--,
3. TBE, SPRINT, COLLIER COUNTY and the DEPARTMENT each
hereby fully release, waive, and discharge each of the other named parties hereto, their
respective officers, employees, and agents, as to any and all accounts, claims, causes of
action, issues, demands, disputes, matters or controversies, of any nature or kind, known
or unknown, that either party has, or may have, as against one or more of the other parties
hereto, as to, arising out of, or in any way pertaining to the Project, or as to, arising out
of, or in any way pertaining to any joint project agreements or other contracts either party
may have had with a party or other non-party entity that involved work performed or to
have been performed within the limits of construction of the Project during the time the
Project was actually being constructed; save and except the obligations of TBE
referenced in Paragraphs 1 and 2 above.
4. It is understood and agreed that this Settlement Agreement incorporates
and includes all prior negotiations, correspondence, conversations, agreements, and/or
understandings applicable to the matters contained herein, and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of this
Settlement Agreement that are not contained in this document. Therefore, it is agreed
that no deviation from the terms hereof shall be predicated upon prior representations or
agreements, whether oral or written.
5. The parties agree that no modification, amendment or alteration to the
,- terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and with equal dignity herewith.
6. Any questions or matters arising under this Settlement Agreement as to
validity, construction, enforcement, performance, or otherwise, shall be determined in
accordance with the laws of the State of Florida.
7. This Scttlcmcnt Agreement shall not be construcd morc strongly against
either party, regardless of who was more responsible for its preparation.
8. The parties to this agreement agree and acknowledge that this agreement
is a result of compromise and should not in any way be construed as an admission by the
parties of any liability or responsibility to any person or entity.
This Scttlcmcnt Agrccment shall be effcctivc on the last date of exccution hcrcof
by a party.
.-
Agenda Item No. 16C2
Page 2 of 3 May 25, 2004
Page 5 of 6
'-' ~~_.._. .."~-~-_. ----- ..,,-_.."~-
TBE GROUP, INC. SPRINT COMMUNICATIONS, INC.
By: By:
Title: Title:
Date: Date:
COLLIER COUNTY FLORIDA FLA. DEPT. OF TRANSPORTATION
By: By:
Title: Title:
Date: Date:
Agenda Item No. 16C2
Page 3 of 3 May 25. 2004
Page 6 of 6
,~,-
EXECUTIVE SUMMARY
Approve an interlocal agreement with the City of Naples for fund sharing in
the amount of $300,000 for the Norris Community Center project
Objective: To provide financial assistance to the City of Naples in developing quality
recreation facilities.
Considerations: The City of Naples has recently completed a new Norris Community
Center facility at Cambier Park.
The City requested financial assistance for the project during the FY 03 budget process
and was granted $300,000.
Staff prepared an interlocal agreement codifying the County's contribution and assuring
that no surcharge to non-city residents of Collier County for the use of the Norris Center
will be assessed during the useful life of the improvements, which is deemed to be twenty
years.
City of Naples City Council approved thc agrccmcnt on April 13, 2004.
,- FiscallmDact: Funds are budgeted with Parks Improvements CIP Fund (306) under the
Norris Community Center Reconstruction project (80010). Source of funds is ad valorem.
Growth Manaaement ImDact: The Norris Community Center is not inventoried in
the Collier County Growth Management Plan
Recommendation: That the Board of County Commissioners approve the intcrlocal
agreement with the City of Naples for fund sharing in thc amount of $300,000 for thc
Norris Community Center project.
-
Agenda Item No. 16D1
May 25, 2004
Page 1 of 4
,-.... .--.-...._'__.....c,......'"""'.._.."'..,.".,.,, _ '. ,..,.".,""",.;.,.,,,..,..,....,...,,.,,,,,.,.....;...,,,.-,"'..-.,.".........~"",........_._..
---
- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16D1
Item Summary Approve an interlocal agreement with the City of Naples for fund sharing in the
amount of $300,000 for the Norris Community Center project.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Marla Ramsey Parks & Recreation Director Date
Public Services Parks and Recreation 4/28/2004 4:37 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Comm issioners 5/12/20046:45 PM
Approved By
John Dunnuck Public Services Administrator Date
-
Public Services Public Services Admin. 5/13/20041:51 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/6/20048:57 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/6/20043:31 PM
,-
Agenda Item No. 1601
May 25. 2004
Page 2 of 4
-'-..'.~" ~~. . . -- ,.--
!
INTERLOCAL AGREEMENT FOR FUND SHARING:
NORRIS COMMUNITY CENTER PROJECT
THIS INTERLOCAL AGREEMENT, is entered into by and between Collier
_ County, a political subdivision of the State of Florida (hereinafter referred to as the
"County")~ and the City of Naples, (hereinafter referred to as the "City");
WITNESSETH:
WHEREAS, the Board of County Commissioners for Collier County has
approved funding assistance to the City of Naples for the Norris Community Center
Project~ and
WHEREAS, this funding was approved in the Fiscal Year 2003 budget for
Collier County;
NOW, THEREFORE, in consideration of the covenants contained herein, the
i County and the City hereby agrees as follows:
Section 1. The County shall pay three hundred thousand dollars ($300,000)
toward the costs of the Norris Community Center Project, payable as reimbursement to
the City. The City submitted the invoices to the County for said project by on August 22,
2003.
Section 2. Improvements to the Norris Community Center are deemed to have a
useful life of twenty (20) years. The City shall not assess a surcharge to non-city
residents of Collier County for the use of the Norris Center during the life of the project.
In the event that any of these obligations are violated, City shall refund to County the
useful life remainder value of the facilities improvements based on twenty (20) year
straight-line depreciation with no residual value.
Section 3. This Agreement may be signed in counterparts by the parties hereto.
This Agreement shall take effect on the last day of execution by the iast party to execute
same.
Section 4. This Agreement shall be recorded by the County in the Official Records
of Collier County within thirty (30) days after this Agreement is fully executed.
-
DATE:
Agenda Item No. 1601
May 25, 2004
Page 3 of 4
_ A TrEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
BY: BY:
Donna Fiala, Chairman
Approved as to form and
Legal sufficiency:
~~
;A.
Robert Zach ../ .... ........ .
Assistant County Attorney
A TIEST: CITY OF NAPLES, A FLORIDA
CITY CLERK MUNICfP AL CORPORATION
"Z- ,~ ~
. 1/
","-- .,-,....4"..t :; (. ''1_''~."
//C.((I,d a 1'6?h~,v...... BY:
Dr. Robert E. Lee, City Manager
_ DATE: '1/;;/04
/ J
Approved as to form and
Legal sufficiency:
j{~'\) '~J~
Robert D. Pritt, City Attorney
Agenda Item No. 1601
May 25, 2004
Page 4 of 4
.~",...-
EXECUTIVE SUMMARY
Approve a budget amendment appropriating $126,469 from Emergency Medical
Services Fund 490 Reserves to reimburse First Coast Service Options for
overpayment of Florida Medicare claims.
OBJECTIVE: To approve a budget amendment appropriating Emergency Medical
Services Fund 490 Reserves to cover an unanticipated reimbursement.
CONSIDERATIONS: First Coast Service Options, who is the contracted carrier and
intermediary for Florida Medicare Part B, over-paid on prior year (FY 03) accounts by
inputting incorrect allowable amounts in their database. To date, this has resulted in
miscalculated reimbursements to 104 other service providers throughout the state totaling
approximately $10 million dollars. Overpayment to Collier County totaled $126,469.
This reimbursement is not included in the FY 04 Budget. Funding is available in EMS
Fund (490) Reserves and a budget amendment is required to appropriate the funds.
FISCAL IMPACT: Emergency Medical Services Fund (490) Reserves will be reduced
$126,469, leaving a balance of $465,864
.....-
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECO~ENDATION: That the Board of County Commissioners approve the budget
amendment appropriating EMS Fund (490) Reserves in the amount of $126,469.
.-
Agenda Item No. 16D2
May 25, 2004
1 of 2
~._~-_.'~""""""'"- -~."""~"""'"''''J''''' o",;oI>O,,'*,*," ";__.....'...,,"..,,~. ... ~,..,.................~._._---
COLLIER COUNTY
0_
BOARD OF COUNTY COMMISSIONERS
Item Number 16D2
Item Summary Approve a Budget Amendment appropriating $126.469 from Emergency
Medical Services Fund 490 Reserves to reimburse First Coast Service Options
for overpayment of Florida Medicare claims.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
lugene Hamilton Fiscal Technician
Public Services EMS
Approved By
Jeff Page EMS Director Date
Public Services EMS 4129/20041:16 PM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5/1312004 1 :49 PM
Approved By
Pat lehnhard Administrative Assistant Date
- County Manager's Office Office of Management & Budget 5/14/200410:20 AM
Approved By
Gary A. Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/200412:04 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20048:57 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/20045:12 PM
-,
Agenda Item No. 1602
May 25,2004
20f2
'--.'0'. -.,-"
.,.,_....-
-
EXECUTIVE SUMMARY
Approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc.,
approving use of specified county-owned property for conducting a July
4th Fireworks Festival
OBJECTIVE: To provide a means for the Collier County community to recognize and
celebrate the nation's independence through a community Fourth of July festival.
CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has
partnered with the County to provide a free Fourth of July event for the community for
the last six years. Through this agreement, the County will provide a $25,000
contribution that will be used to support the event and will be paid, as is standard
practice, through a reimbursement method. The event as proposed this year will again be
a family-oriented festival with musical entertainment, food vendors, and fIreworks at
dusk.
The agrcement requires that thc Jaycccs providc appropriatc levels of law enforcemcnt
personnel, Fire Department and Emergency Medical Services presence, and specific
insurance coverage for the event as prescribed by the County's Risk Management OffIce.
,...-, The agreement has been negotiated through the Parks and Recreation Department and has
been reviewed and approved by the County Attorney's OffIce for legal suffIciency.
The rental fee for the use of Sugden Park, based on the Parks and Recreation Outdoor
Area License and Fee Policy, is $800 for the one-day event. The Agreement provides for
the acceptance of in-kind payment in the form of advertising of a value equal to or greater
than the rental fee. SpecifIcally, Collier County will be recognized as a co-sponsor of the
event in all promotional efforts.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact
associated with this event.
FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have
been included as part of the FY 2004 budget within the Parks and Recreation
Department.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to execute the attached Limited Use License Agreement between Collier
County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of
July Festival at Sugden Regional Park.
-
Agenda Item No. 16D3
May 25, 2004
1 of 6
"~-'.~-~-----'- _"'__.ll L_..._..._..... -_'_""--_..,.,-,...,,,,,~~" . ~~~,._'"
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 1603
Item Summary Approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc., approving
use of specified county-owned property for conducting a July 4th Fireworks
Festival
Meeting Date 5/25/20049:00:00 AM
Approved By
Marla Ramsey Parks & Recreation Director Date
Public Services Parks and Recreation 5/14/200412:37 PM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5/17/20049:19 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/2004 9:35 AM
Approved By
Gary A, Vincent Management & Budget Analyst Date
,-
County Manager's Office Office of Management & Budget 5/17/2004 12:00 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20049:03 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/20045:55 PM
,-
Agenda Item No. 1603
May 25,2004
20f6
.~_.,,- .. ..
-----
-........-...
LIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR
CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA
CORPORATION, APPROVING USE OF SPECIFIED COUNTY-
OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS
FESTlV AL.
This is entered into this _day of , 2004 by and between the
Board of County Commissioners, Collier County, Florida, whose mailing address is
3301 Ea.st Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and
Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida
corporation. whose mailing address is 400 Valley Stream Drive Suite 110, Naples,
Florida 34113, hereinafter referred to as .Organization",
WHEREAS, the Organization requests the use of County-owned land for the
purpose of holding activities for conducting a Naples Jaycees July 4th Festival and
Fireworks Display to be held on July 4, 2004.
WHEREAS, the Board is willing to approve the use of County-owned land for
such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1, The Board hereby approves the use of a portion of County-owned property identified
as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part
hereof. hereinafter referred to as the "Property" for the purpose of holding activities
for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby
grants the Organization the right to photograph, record, televise, broadcast,
distribute. exhibit, advertise and promote the Event. The Board has rights to use
pictures for promotion of this pr~ram. Use of the Property by the Organization shall
be from July 31d through July 5 . The Park will remain open to the public during
these times. The day of the event only pedestrian public traffic will be allowed to
enter the park,
2, The organization shall be responsible for all on and off-site Event operations and
revenue as well as the administration of all revenue derived from the Event. The
Organization shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, programs), sponsorship and
merchandising rights and the revenue therefrom subject to approval of the Public
Services Administrator.
3. The Organization shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with holding of the Event, such
responsibility not being limited to trash collection and clean-up of the Property.
Repair of damaged areas will be at the expense of the Organization. Board shall not
be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever.
4, The Organization shall acquire all permits required by Collier County and any other
governmental entity to conduct such an event and related activities on the Property.
The Organization shall ensure cleanup of the Property by close of business on July
5111,
5, Prior to making any changes, alterations, additions or improvements to the Property,
the organization shall provide to the Parks and Recreation Department, in writing, all
proposals and plans for alterations, improvements. changes or additions to the
Property. The Organization covenants and agrees in connection with any
maintenance. repair work, erection, construction, improvement, addition or alteration
of any authorized modifications, additions or improvements to the Property, to
observe and comply with all present and future laws, ordinances, rules, regulations,
Agenda Item No. 1603
1 May 25,2004
30f6
....-.....
-- and requirements of the United States of America, State of Florida, County of Collier,
and any and all governmental agencies. All permanent alterations, improvements,
and additions to the Property shall, at once, when made or installed, be deemed as
attached to the freehold and to have become the property of Collier County and shall
remain for the benefit of the County at the end of the term set forth in this agreement
in as good order and condition as they were when installed, reasonable wear and
tear excepted; provided, however, if Board so directs, the Organization shall
promptly remove all portable and non-permanent additions, improvements,
alterations, fixtures and installations which were placed in, on, or upon the Property
on behalf of the Organization, and repair any damage caused to the Property by
such removal.
6, Organization agrees that the Event will be managed in such a way as to comply with
all other Collier County ordinances, codes and Parks and Recreation Department
policies. In particular, the event noise, except the fireworks themselves, will be
managed to limit any sound amplification to meet the Collier County Noise
Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic
beverages within the park boundaries. There shall be no on-site sales and
promotion of any tobacco product within the park boundaries.
7, Organization agrees to:
A. Provide on or before March 30th to the Parks and Recreation Department and
appropriate Development Services staff an application for a special events
permit, A logistical schedule of events (e.g. deliveries, set-up, clean up, etc,) will
be included within the special events permit application package.
B. Meet on the Property on or before June 4, 2004 with representatives from the
~;-. Collier County Parks and Recreation Department, the East Naples Fire Control
District, the Collier County Sheriff's Department and Collier County EMS. The
Organization will have or will have provided in advance of the meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the East
Naples Fire Department;
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by the
Collier County Sheriff's Department,
4. Written confirmation for on and required off-site fire protection from the East
Naples Fire District and/or other authorized County Fire Districts,
5. Written confirmation for on-site Emergency Medical Services from the Collier
County EMS Department, and
6, A copy of the organization's nChairman's Planning Guide".
8. Organization agrees to manage the Event as outlined within the Chairman's
Planning Guide prepared by Organization, Such plans shall be made a part of this
Agreement. Revisions to the Chairman's planning Guide after the meeting of June
4, 2003 referenced in paragraph seven (7-B) will require the review and approval of
the Public Services Administrator. Should inclement weather require cancellation of
the event on July 411\ such a decision will be made in conjunction with the
Organization and the Public Services Administrator as agreed to by the Organization
and the Public Services Administrator, July 5, 2004. All subsequent dates of this
agreement will be adjusted accordingly.
9. The Organization agrees that all persons Involved with the handling of fireworks will
be qualified personnel and all persons involved with the igniting of fireworks will be
licensed pyrotechnicians. In addition the Organization agrees that a professionally
produced fireworks show with a minimum value of $25,000 will be provided.
- 10. Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and all liability (statutory or otherwise), damages,
claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or
Agenda Item No. 16D3
2 May 25, 2004
40f6
--'''''..-.
... ---
.---...-.....
damage to property (including loss of use thereof) related to (A) Organization's use
of the Property, (B) any work or thing whatsoever done or any condition created
(other than solely by Board, its employees, agents or contractors) by or on behalf of
Organization in, about, on or with the Property, (C) any condition of the Property due
to or resulting from any default by Organization in the performance of Organization's
obligations under this Agreement, and (D) any act, omission or negligence of
Organization, its agents, contractors, employees, subtenants, licensees or invitees.
In case any action or proceeding is brought against any of the above by reason of
anyone or more thereof, Organization shall pay all costs, attorneys' fees, expenses
and liabilities resulting therefrom and shall defend such action or proceeding if Board
shall so request, at Organization's expense, by counsel reasonably satisfactory to
Board, except where such damage or injury is the result of the gross negligence or
willful misconduct of the Board or its employees
11. The Organization accepts the property -as is'- The Board shall not be liable for any
injury or damage to any person or property caused by the elements or by other
persons on the Property, or from the street or sub-surface, or from any other place,
or for any interference caused by operations by or for a governmental authority.
12. The Board shall not be liable for any loss of property, including loss due to petty theft
of any property occurring on the Property or any part thereof. The Organization
agrees to hold the Board harmless from any claims for damages, except where such
damage or injury is the result of the gross negligence or willful misconduct of the
Board or its employees.
13. (a) Organization shall provide and maintain special event general liability and
property liability insurance policy(ies), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement.
(b) Collier County shall be listed as additional insured on the commercial general
liability policy. Evidence of such insurance shall be provided to the Collier County
Risk Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring ten (10) days prior written notice to Collier
County cia County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage. Board reserves the right to reasonably amend the
insurance requirements by issuance of notice in writing to Organization, Upon
receipt of such notice, Organization shall have ten (10) days in which to obtain such
additional insurance.
14. This limited Use license Agreement shall be administered on behalf of the Board by
and through the Collier County Parks and Recreation Department.
15. It is the responsibility of the Organization to properly notify the general public of
closed roads and designated parking areas. In particular notification shall be
provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue,
Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and
Poplar Way. The Organization shall ensure that the park and all park facilities
remain open and accessible to the public.
16, This Agreement is not assignable. Any attempt to assign shall be void ab initio.
.~~.".-.' .._..",...""v..
17. The Rental Rate for the festival is $800, The Board of County Commissioners will
accept in-kind payment for the rental rate in the form of advertising of a value equal
to or greater than the rental rate. Specifically, .Collier County" or the Collier County
logo is to appear on all printed promotional materials related to the event, and Collier
County is in all instances to be recognized as a co-sponsor of the event.
18. This Agreement represents a bare license for the Organization's use of the property
and does not convey any estate in the Property or create any interest therein
whatsoever.
Agenda Item No. 16D3
3 May 25, 2004
5 of 6
_u........
- 19. The Organization represents and warrants to the Board that no hazardous materials
will be discharged to the air. grounds, sewer, or to any septic system on the
Property except fireworks are planned to be discharged in the air and on the ground
according to plan.
20. The Organization shall be responsible for paying all taxes and charges associated
with or resulting from the holding of this Event.
..".
21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars
($25,000) for the Festival. The fundlng is to be used for permit fees, park fees,
entertainment fees, sheriffs department fees, camival fees and/or fireworks fees.
Funds will be paid on a reimbursement basis upon the submission of copies of paid
invoices. All invoices will be signed by the President or Treasurer of the Naples
Junior Chamber of Commerce attesting that the goods are services indicated by the
invoice were received.
22. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF. the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE ORGANIZATION:
NAPLES JUNIOR CHAMBER
OF COMMERCE, INC. ,
- BY:~
Tom Land. President
Witness (signature)
w; /\ \(.)r/\ t"'.. r
(print name)
AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Dwight E. Brock. Clerk of Courts
By: By:
Deputy Clerk, ..... Donna Fiala, Chairman
Approved as to form
and legal sufficiency:
(/-1,-
-, Robert Zachary
Assistant County Attomey
Agenda Item No. 1603
4 May 25, 2004
60f6
_._--- --- "-~..,,--_..-
. "'.__H'_~_"'__"'_".
c-
EXECUTIVE SUlVlMARY
Approve the Master Agreement relating to Services for Seniors' grant programs and
authorize the Chairman to sign the Master Agreement between Collier County Board Of
County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DfBl A
Senior Solutions of Southwest Florida
OBJECTIVE: In order to provide grant funded services to Services for Seniors' clients, a
Master Agreement, which applies to all grant contracts, requires the signature of the Chairman.
CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support
services to Collier County's frail elderly for the past 30 years through the Older Americans Act as
well as other grant programs. These grants allow for the delivery of various services to the
County's frail elderly preventing premature and costly institutional placement. The grantor
agency, Area Agency on Aging for Southwest Florida d/b/a Senior Solutions of Southwest
Florida, requires the execution of a Master Agreement that outlines grantee requirements for
administering all of the various grants. The Master Agreement addresses such items as federal
laws and regulations, civil rights compliance, insurance requirements, audits, and the
safeguarding of the State computer network system. The incorporation of identical language into
one document required for all grant programs awarded by Senior Solutions of Southwest Florida
eliminates multiple signatory requirements of the Chainnan, lessens the review time by the
County Attorney. and reduces paper use. All individual grant contracts will make reference to the
.- Master Agreement as well as specify the individual grant contract amounts (with necessary
budget amendments), effective date of the grant agreement, method of payment, and any special
provisions.
GROWTH MANAGEMENT: There is no growth management impact from this
recommendation,
FISCAL IMPACT: There is no financial impact as a result of this recommendation.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the Master Agreement and authorize the Chairman to sign the contract. The agreement has been
reviewed and approved by the County Attorney.
.-
Agenda Item No. 16D4
May 25,2004
Page 1 of 37
_...__._....~".".... .......;.,."","-~-,,-"'.._"'".,.._.."""'."";,,-~~...., .~-_.._~--~,---
- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 1604
Item Summary Approve the master agreement relating to Services for Seniors' grant programs
and authorize the Chairman to sign the master agreement between Collier
County Board Of County Commissioners and the Area Agency on Aging for
Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Terri A. Daniels Grants Coordinator
Public Services Human Services
Approved By
Barry Williams Human Services Director Date
Public Services Human Services 5/14/20049:29 AM
<-
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5/17/20049:22 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/20049:33 AM
Approved By
Gary A. Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :37 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :44 AM
Approved By
James V. Mudd County Manager Date
.-
Board of County
Commissioners County Manager's Office 5/18/2004 8:40 AM
Agende Item No. 1 CD4
May 25, 2004
Page 2 of 37
,_..~ -
~<--- ~'''--~-,
2/2004 Agreement Number 203.M004
ST ATE OF FLORIDA
DEP ARTMENT OF ELDER AFFAIRS
MASTER AGREEMENT
TillS MASTER AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc.,
d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency," and Collier County Services
for Seniors, hereinafter referred to as the "recipient."
All agreements executed between the recipient and the agency shall be subject to the conditions set forth in this
agreement for the duration of the agreement period(s). Any and all agreements executed between the recipient
and the agency during the effective period of this agreement will incorporate this agreement by reference and
shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement.
The parties agree:
I. Recipient Agrees:
A. 1. To provide services according to the conditions specified in any agreement(s) with the agency during
the period this agreement is in effect.
2. This agreement covers all services provided by the recipient under contract with the agency.
3. To provide services in compliance with the provisions of the Department of Elder Affairs' Home and
Community-Based Services Handbook.
B. State and Federal Laws and Regulations:
The recipient shall:
1. Comply with the cost principles, administrative requirements, and other provisions of all applicable
state and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of
Federal Regulations (CFR), Part 74, and/or 45 CFR, Part 92, and/or 48 CFR Part 31, and Office of
Management and Budget (OMB) Circulars A-21, A-87, A-102, A-110, A-122, and A-B3,
whichever is applicable to the recipient's organization.
2. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42
United States Code (U.S.c.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and
Health Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution
Control Act as amended (33 D,S.C. 1251 et seq.). The recipient shall report any violations of the
above to the agency.
3. Prior to execution of this agreement, complete the Certification Regarding Lobbying form,
ATIACBMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Contracts/Subcontracts form, ATIACHMENT n. If a Disclosure of
Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency's
contract manager, and all disclosure fonns as required by the Certification Regarding Lobbying form
must be completed and returned to the agency with the signed agreement.
4. Comply with section 112.061, F. S., and any policies of the agency regarding any and all business
travel pursuant to agreements covered by this agreement (including use of the State Comptroller
approved Reimbursement of Travel Expenses form, or an equivalent form developed by the
1
Agenda Item No. 1604
May 25, 2004
Page 3 of 37
2/2004 Agreement Number 203.M004
..- recipient), and comply with the provisions of Chapter 119, F.S., allowing public access to all
documents, papers, letters, or other materials made or received by the recipient in conj unction with
this agreement and any agreements incorporating this agreement by reference. In addition, section
20.41(9), F.S" requires that all area agencies on aging are subject to Chapter 119, F.S., relating to
public records, and, when considering any agreements requiring the expenditure of funds, are subject
to section 286.011-286.012, F.S., relating to public meetings.
5. Abllse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of
the recipient who knows, or has 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 State of Florida's central abuse registry and tracking system on the statewide toll-
free telephone number (1-800-96ABUSE).
6. Transportation Disadvantaged: If clients are to be transported Wlder any agreements incorporating
this agreement, comply with the provisions of Chapter 427, F.S., and Rule 41-2, Florida
Administrative Code (F. A. C.).
7. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title
48 CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the
expenditures of funds for the purpose of lobbying the Legislature, a judicial branch or a state agency.
8. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to
use or disclose any information concerning a consumer who receives services Wlder agreements
incorporating this agreement by reference or subsequent agreements for any purpose not in
conformity with state and federal regulations, except upon written consent of the consumer, or the
-- consumer's authorized representative.
9. HIP AA Compliance: Comply with all requirements of the Health Insurance Portability Act
(HIPAA) of 1996, as applicable. The agency and the recipient recognize that each is a "Business
Associate" of the other under the terms of HIP AA. As such, each agrees to the terms as written in
ATTACHMENT YD.
10. Grievance and Appeal Procedures: Ensure through agreement provisions that sub-recipients and
vendors follow the Minimum Guidelines for Recipient Grievance Procedures, ATTACHMENT V,
for handling complaints from consumers who complain service has been suspended, terminated or
reduced. Recipients and subrecipients will also establish their 0'Ml complaint procedures for
consumers who are dissatisfied with or denied services that include, at minimum, notice of the right
to complain and to have their complaint reviewed.
It is expressly understood that substantial evidence of the recipient's refusal to comply with any of the
above provisions shall constitute a breach of this agreement.
C. Civil Rights Certification:
1. The recipient gives this assurance in consideration of and for the purpose of obtaining federal
grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other
federal financial assistance. The recipient shall comply with all federal, state and local regulations,
statutes and ordinances relating to nondiscrimination in programs or activities receiving or
benefiting from state, federal, or local financial assistance, whichever apply. These include, but are
not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
-
2
Agenda Item No. 16D4
May 25, 2004
Page 4 of 37
.
. ... -
.-
2/2004 Agreement Number 203.M004
supplemented by regulations at Title 41 CFR, Part 60; (b) Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.c. 2000d et seq" which prohibits discrimination on the basis of race, color, or
national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 U,S.C. 1681-
1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education
programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which
prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any
and all other applicable regulations, guidelines, and standards as are now or may be lawfully
adopted pursuant to the above statutes or which may apply to agreements covered by this
agreement.
2. The recipient agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A
and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For
recipients employing less than 15 persons, the agency requests completion of the Civil Rights
Compliance Questionnaire.
3. The recipient shall establish procedures to handle complaints of discrimination involving services or
benefits through this agreement. These procedures shall include advising clients, employees, and
participants of the right to file a complaint, their right to appeal a denial or exclusion from the
services or benefits, and their right to a fair hearing as a result of their complaint of discrimination.
Complaints of discrimination involving services or benefits through agreements referencing this
agreement may also be filed with the Secretary of the department or the appropriate federal or state
agency,
4. The recipient agrees that compliance with these assurances are a condition of continued receipt of or
benefit from federal financial assistance, and that it is binding upon the recipient, its successors,
transferees, and assignees for the period during which such assistance is provided. The recipient
further assures that all subrecipients, vendors, or others with whom it arranges to provide services
or benefits to participants or employees in connection with any of its programs and activities are not
discriminating against those participants or employees in violation of the above statutes,
regulations, guidelines, and standards. In the event of failure to comply, the recipient understands
that the agency may, at its discretion, seek a court order requiring compliance with the terms of this
assurance or seek other appropriate judicial or administrative relief, including but not limited to,
termination of and denial of further assistance.
D. Payment Requirements
For all agreements covered by this agreement, the recipient agrees:
1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a
proper pre audit and post audit thereof. The recipient shall comply with only the particular
requirements under the following laws and guidelines that are applicable to the agreements covered
under this agreement: (a) paragraph (16) (b) of section 216.181, F. S., regarding advances; (b)
paragraph 691-40.103 F,A.C. pertaining to Restriction of Expenditures from state funds; and, (c)
the Contract Payment Requirements sub-section of section C of the Reference Guide for State
Expenditures from the Department of Financial Services
(http://www.dbf.state.fl.uslaadir/referenceJUideI). The recipient certifies that detailed
documentation is available to support each item on the itemized invoice or payment request for cost
reimbursed expenses, including paid subcontractor invoices, and will be produced upon request by
the agency. The recipient further certifies that reimbursement requested is only for allowable
expenses as defined in the laws and guiding circulars cited in Section I, paragraph B. 1. of this
3
Agenda Item No. 16D4
May 25, 2004
Page 5 of 37
, --
2/2004 Agreement Number 203.MOO4
~^ agreement, in the Reference Guide for State Expenditures, and any other laws or regulations, as
applicable, and that administrative expenses do not exceed amounts budgeted in the recipient's
proposal application.
2. Recipients and sub-recipients shall provide units of deliverables, including reports, fmdings, and
drafts as specified in the agreements and agreement attachments covered by this agreement, and the
proposal application developed by the recipient (pursuant to section 306(a) of the Older Americans
Act), to be received and accepted by the contract manager prior to payment.
E. WithholdiDgs and Other Benefits:
The recipient is responsible for Social Security and Income Tax withholdings.
F. Indemnification:
If the recipient is a state or local governmental entity, pursuant to section 768.28(18) F .S., the provisions
of this section do not apply.
1. Recipient and all subrecipients agree to indemnify, defend, and hold harmless the agency and all of
the agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense
arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or
state law by the recipient, its agents, employees, or subrecipients during the performance of all
agreements incorporating this agreement by reference, whether direct or indirect, and whether to any
person or property to which the agency or said parties may be subject, except neither recipient nor
any of its subrecipients 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 or any of
its officers, agents, or employees.
2. Recipient's and subrecipient's obligation to indemnify, defend, and pay for the defense or, at the
agency's option, to participate and associate with the agency in the defense and trial of any claim and
any related settlement negotiations, shall be triggered by the agency's notice of claim for
indemnification to recipient. Recipient's and subrecipient's inability to evaluate liability or its
evaluation of liability shall not excuse recipient's or subrecipient's duty to defend and indemnify the
agency, upon notice by the agency. 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 solely negligent shall excuse performance of this provision by
recipients and subrecipients, Recipients shall pay all costs and fees related to this obligation and its
enforcement by the agency. The agency's failure to notify the recipient or subrecipient of a claim
shall not release recipient or subrecipient of the above duty to defend.
3. rt is the intent and understanding of the parties that the recipient, nor any of its subrecipients, are
employees of the agency and shall not hold themselves out as employees or agents of the agency
without specific authorization from the agency. It is the further intent and understanding of the
parties that the agency does not control the employment practices of the recipient and shall not be
liable for any wage and hour, employment discrimination, or other labor and employment claims
against the recipient, or its subrecipient.
-
4
Agenda Item No. 1604
May 25, 2004
Page 6 of 37
--."-"--- --."
2/2004 Agreement Number 203.M004
G. Insurance and Bonding:
1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability
insurance at all times during the effective period of any and all agreements incorporating this
agreement by reference. The recipient accepts full responsibility for identifying and determining the
type(s) and extent of liability insurance necessary to provide reasonable fmancial protections for the
recipient and the clients to be served under agreements incorporating this agreement by reference.
Upon execution of each agreement covered under this agreement, the recipient shall furnish the
agency written verification supporting both the determination and existence of such insurance
coverage. Such coverage may be provided by a self-insurance program established and operating
under the laws of the State of Florida. The agency reserves the right to require additional insurance
where appropriate.
2. To furnish an insurance bond from a responsible commercial insurance company covering all
officers, directors, employees and agents of the recipient authorized to handle funds received or
disbursed under all agreements incorporating this agreement by reference in an amount
commensurate with the funds handled, the degree of risk as determined by the insurance company
and consistent with good business practices.
H. Purchasing:
The recipient agrees to develop procurement procedures to encourage fair and open competition and .
promote a diversity of contractors for all services purchased pursuant to this agreement, and all
agreements and sub agreements subject to this agreement, in accordance with applicable state and/or
federal regulations that may include: Title 45 CFR. Subpart A, Section 92.36 and Subpart C, section
74.44; OMB Circular A-llO; and Chapters 430 and 287, F. S.
1. PRIDE
Any service or item manufactured, processed, grown, or produced by Prison Rehabilitative
Industries and Diversified Enterprises, Inc. (pRIDE) in a correctional work program may be
furnished or sold to the recipient and to any subagreement vendor or sub-recipient, or to any person,
firm, or business entity ifnot prohibited by federal law.
2, Procurement of Products or Materials with Recycled Content
Reusable materials and products shall be used where economically and technically feasible.
3. Equity in Contracting
The agency is committed to embracing diversity in the provision of services to Florida's elders and
in providing fair and equal opportunities for all-Elualified minority businesses in Florida. The
recipient shall report infonnation to the agency on utilization of certified minority and non-certified
minority subrecipients and vendors receiving funds pursuant to all agreements covered by this
agreement. This report shall be submitted quarterly to the agency.
4. The recipient is encouraged to identify in the Request for Proposal any geographic location(s) that
has been designated as a Front Porch Community by the Governor and to direct services to that
Front Porch Community as appropriate.
S
Agenda Item No. 1604
May 25, 2004
Page 7 of 37
. - -"",,,'" .~,- >-,~......,"",,'-; .~"""
,- 2/2004 Agreement Number 203 .M004
I. Sponsorship:
1. Any nongovernmental organization which sponsors a program financed partially by state funds or
funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of
the program, state: "Sponsored by Area Agency on Aging for Southwest Florida. Inc.. d/b/a Senior
Solutions of Southwest Florida and the State of Florida, Department of Elder Affairs." If the
sponsorship reference is in written material, the words "State of Florida, Department of Elder
Affairs" shall appear in the same size letters or type as the name of the organization (ref.: section
286.25, F. S.). lbis shall include, but is not limited to, any correspondence or other writing,
publication or broadcast that refers to such program.
2. If the recipient is a governmental entity or political subdivision of the state, the agency requests
compliance with the conditions specified above.
3. The recipient shall not use the words "The State of Florida, Department of EIder Affairs" to indicate
sponsorship of a program otherwise financed unless specific authorization has been obtained by the
agency prior to use.
J. Public Entity Crime:
Denial or revocation of the right to transact business with public entities:
In compliance with the legislature's intent to restrict the ability of persons convicted of public entity
crimes to transact business with the agency, the recipient agrees that compliance with sections 287.oI7
,_. and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon
the recipient, its successors and transferees during the period of this agreement. The recipient further
assures that the recipient, its officers, directors, senior management, partners, employees or agents have
not been convicted of any public entity crimes within the last 36 months. If the recipient or any of its
officers or directors is convicted of a public entity crime during the period of this agreement, the
recipient shall notify the agency immediately. Non-compliance with this statute shall constitute a breach
of this agreement.
K. Employment:
If the recipient is a non-governmental organization, it is expressly understood and agreed the recipient
will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the
employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec. 274A [8
U.S.C, s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall
be grounds for unilateral cancellation of any and all agreements incorporating this agreement by
reference.
L. Audits and Records:
The recipient agrees:
1. To maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting procedures and practices that sufficiently and properly reflect all
revenues and expenditures of funds provided by the agency under all agreements covered by this
agreement. Recipients and sub-recipients agree to maintain records, including paid invoices, payroll
registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for
service cost reports and for administrative expenses itemized for reimbursement. lbis documentation
- will be made available upon request for monitoring and auditing purposes.
6
Agenda Item No. 1604
May 25, 2004
Page 8 of 37
.-.-
....
2/2004 Agreement Number 203.M004
2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or
removal from premises by agency personnel and other personnel duly authorized by the agency, as
well as by state/federal personnel, if applicable.
3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the
agency may require within the period of this agreement. Such reporting requirements must be
reasonable given the scope and purpose of the agreements incorporating this agreement by reference.
4. To submit management, program, and client identifiable data, as specified by the agency. To assure,
through agreement provisions in sub-agreements with subrecipients, program specific data is
recorded and submitted in accordance with Department of Elder Affairs Client Information
Registration and Tracking System (CIRTS) Policy Guidelines.
5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT m and
to ensure all related party transactions are disclosed to the auditor.
6. To include these aforementioned audit and record keeping requirements, including
ATTACHMENT m, in all subagreements and assignments.
7. The recipient agrees to provide client information and statistical data when requested by the agency.
8. To provide to the agency all fiscal information regarding services contracted to subrecipients
pursuant to this agreement using an application provided by the agency.
M. Retention of Records:
1. To retain all client records, financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to each agreement covered under this
agreement for a period of at least five (5) years after termination of the agreement(s), 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 at least until resolution of the audit findings. These records may be subject to
additional retention requirements set by law.
2. Persons duly authorized by the agency, the department and federal auditors, pursuant to Title 45
CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of
said records and documents during said retention period or as long as records are retained, whichever
is later.
N. Monitoring and Incident Reporting:
1. The recipient will provide progress reports, including data reporting requirements as specified by the
agency to be used for monitoring progress or performance of the contractual services as specified in
the proposal application. The agency will establish performance standards for recipients with
weights assigned to each standard. Standards will be tracked monthly by agency staff through desk
reviews of available fiscal, ClRTS, and research production reports and any other system or process
designated by the agency. Examples of review criteria are surplus/deficit, independent audits,
internal controls, reimbursement requests, subrecipient monitoring, targeting, program eligibility,
outcome measures, service provision to clients designated as "high risk" by the Department of
Children & Families, Adult Protective Services program, data integrity, co-payments, client
satisfaction, correspondence, and client file reviews.
7
Agenda Item No. 1604
May 25, 2004
Page 9 of 37
_...-,.,_._,-----~--
2/2004 Agreement Number 203.M004
- The agency will perform administrative and programmatic monitoring of recipients to ensure
2.
contractual compliance, fiscal accountability, programmatic performance, and compliance with
applicable state and federal laws and regulations.
3. To pennit persons duly authorized by the agency to inspect any records, papers, documents,
facilities, goods and services of the recipient and subrecipients which are relevant to agreements
incorporating this agreement by reference, or to the mission and statutory authority of the agency,
and to interview any clients and employees of the recipient and subrecipients to be assured of
satisfactory performance of the terms and conditions of these agreement(s). Following such
inspection the agency will deliver to the recipient a list of its concerns with regard to the manner in
which said goods or services are being provided. The recipient will rectify all noted deficiencies
provided by the agency within the time set forth by the agency, or provide the agency with a
reasonable and acceptable justification for the recipient's failure to correct the noted shortcomings.
The agency shall determine whether such failure is reasonable and acceptable. The recipient's
failure to correct or justify deficiencies within a reasonable time as specified by the agency may
result in the agency taking any of the actions identified in Section m. B. Enforcement, or the agency
deeming the recipient's failure to be a breach ofthis agreement.
4. Extraordinary Reporting: The recipient shall notify the contract manager for the agency
immediately, but no later than within 48 hours, from the recipient's awareness or discovery of
conditions that may materially affect the subrecipient's ability to perform, such as problems, delays,
or adverse conditions which may impair the subrecipient's ability to meet the objectives of the
agreements covered by this agreement. The notice shall include a briefsumrnary of the problem(s), a
statement of the action taken or contemplated, time frames for implementation, and any assistance
needed to resolve the situation. Examples of reportable conditions may include:
,-,
. proposed consumer terminations
. recipient or subrecipient financial concerns/difficulties
. non-payment or untimely payment reported by vendors
. service documentation problems
. agreement non-compliance
. service quality problems and consumer complaint trends
The recipient must investigate allegations regarding falsification of client information, service
records, payment requests, and other related information. Substantiated allegations must be reported
to the agency's contract manager.
In the event that a situation results in the cessation of services by a sub-recipient or vendor, the
recipient retains the responsibility for performance under agreements covered by this agreement and
must follow their own procedures to ensure that cli~nts continue receiving services without
interruption, e. g. exercising their emergency procurement procedures, temporary assumption of the
direct provision of services, etc.
O. Assignments and Subagreements: -
1. Agency approval of the proposed application from the recipient shall constitute agency approval of
the recipient subagreements if the sub agreements follow the service and funding information
identified in the proposal application. All sub-recipients shall be subject to the conditions of this
agreement and the agreements incorporating it by reference (except section II. paragraph A., and
ATTACHMENT VII) and to any conditions of approval the agency shall deem necessary. Section
I, paragraph J. is only applicable to state agencies or political subdivisions of the state.
8
Agenda Item No. 1604
May 25, 2004
Page 10 of 37
-----.. ,.~._-~,. - -,~,--,~
-.-------.- .- - -. ---.--.....-------
2/2004 Agreement Number 203,MOO4
2. Unless otherwise stated in the agreement(s) covered by this agreement between the agency and
recipient, payments made by the recipient to the subrecipient must be within the same terms seven
(7) working days after receipt by the recipient of full or partial payments from the agency.
Payments to vendors contracted by the recipient/subrecipient shall be made in accord with the terms
as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency
applying intermediate measures.
P. Return of Funds:
1. To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the
terms of all agreements for which funds were disbursed to the recipient by the agency.
a. The recipient shall return any overpayment to the agency within forty (40) calendar days after
either discovery by the recipient, or notification by the agency, of the overpayment.
b. In the event the recipient or its independent auditor discovers an overpayment has been made,
the recipient shall repay said overpayment within forty (40) calendar days without prior
notification from the agency. In the event the agency first discovers an overpayment has been
made, the agency will notify the recipient by letter of such a fmding.
c. Overpayments to subrecipients due to unallowable or un-allocable expenses or to vendors or
subrecipients due to billing discrepancies must be returned to the recipient under the same terms
and conditions as this section. Information indicating subrecipients have been overpaid as a
result of over-budgeting on the unit cost methodology can be used by the recipient to negotiate
lower rates in subsequent years. Continuous overpayment to subrecipients due to over budgeting
may result in a demand for repayment to the recipient or the agency under the same terms and
conditions of this section. Repayment received by the recipient must be reported to the agency
and may be either re-allocated to other suhrecipient(s) or returned to the agency, at the agency's
discretion.
d, Overpayments not returned to the agency in a timely manner will be subject to interest at the rate
established in section 55,03, F.S..
Q. Data Integrity
Federal Grants Management require financial management systems for recipients of state and federal
funds to be capable of providing certain information, assuring accuracy and accountability, in accord
with prescribed reporting requirements. These reporting requirements may require certain calculations or
the provision of specified data to fully disclose the financial results of each federally funded or state-
sponsored program.
Accordingly, the recipient must, prior to execution of this agreement, complete the Data Integrity
Certification form, ATTACHMENT IV.
9
Agenda Item No. 16D4
May 25, 2004
Page 11 of 37
.. .-.
212004 Agreement Number 203.M004
-
R. Conflict of Interest:
The recipient will maintain a written code of conduct governing the performance of their employees,
board members, management and subrecipients, engaged in the award and administration of contracts.
No employee, officer or agent of the recipient or subrecipient shall participate in selection, or in the
award or administration of a contract supported by State or Federal funds if a conflict of interest, real or
apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b)
any member ofhislher immediate family; (c) his or her partner, or; (d) an organization which employs,
or is about to employ, any of the above, has a financial or other interest in the fum selected for award.
The recipient or subrecipient's officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to
sub agreements. The recipient's board members and management must disclose to the department any
relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an
individual's original appointment or placement in that position, or if the individual is serving as an
incumbent, within thirty (30) days of the commencement of this agreement. The recipient's employees
and subrecipients must make the same disclosures described above to the recipient's board of directors.
Compliance with this provision will be monitored.
S. Successors and Transferees:
Recipients must receive approval from the agency's contract manager prior to transferring or assigning
this agreement, or any agreements referencing this agreement, to another party or a different
organizational entity. Further, this agreement or any agreements referencing this agreement are binding
in their entirety on the recipient and its successors, assignees and transferees.
-
ll. The Agency Agrees:
A. Payment:
Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the
latter of the date the Request for Payment is received or the goods or services are received, inspected and
approved. Requests for Payment returned to a vendor or a recipient 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.
B. Vendor Ombudsman:
Recipients who may be experiencing problems in obtaining timely payment(s) from the agency may
contact the Vendor Ombudsman within the Department of Banking and Finance at 1 (800) 848-3792 or
(850) 413-7269. Subrecipients and vendors experiencing problems obtaining timely payment(s) from
recipients may contact the agency's contract manager at (850) 414-2000.
"..-~.
10
Agenda Item No. 16D4
May 25,2004
Page 12 of 37
I
~ .'_._ ~. _~O.. _..____~~,o...._.._.__.._ "-.-.'-'-'-
-.. .. ---.--.,--... . .-----..-
2/2004 Agreement Number 203.M004
III. Agreement Term and Renewal
The recipient and the agency mutually agree:
A. Effective Date
1. This agreement shall begin on March 1. 2004 or on the date on which the agreement has been signed by
both parties, whichever is later, and shall end on December 31. 2006.
2. All agreements executed between the agency and the recipient during the effective period of this
agreement shall reference this agreement by number, incorporating it therein, and shall be governed by
the conditions of this agreement and its successor(s) for the duration of the agreement period(s).
B. Enforcement:
1. The agency may, in accordance with section 430.04, F.S., rescind the designation of the recipient or
take intermediate measures against the recipient, including: corrective action, unannounced special
monitoring, temporary assumption of the operation of one or more contractual services, placement of
the recipient on probationary status, imposing a moratorium on recipient action, imposing fmancial
penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the
agency finds that:
. an intentional or negligent act of the recipient has materially affected the health, welfare, or
safety of consumers served pursuant to this agreement, or substantially and negatively affected
the operation of services covered under this agreement
. the recipient lacks fmancial stability sufficient to meet contractual obligations or that contractual
funds have been misappropriated.
. the recipient has committed multiple or repeated violations of legal and regulatory standards,
regardless of whether such laws or regulations are enforced by the agency, or the recipient has
committed or repeated violations of agency standards,
. the recipient has failed to continue the provision or expansion of services after the declaration of
a state of emergency.
. the recipient has failed to adhere to the terms of this agreement or the terms of any agreement(s)
covered by this agreement and incorporating it by reference.
2. In making any determination under this provision the agency may rely upon the fmdings of another
state or federal agency, or other regulatory body. Any claim for breach of this agreement is exempt
from administrative proceedings and shall be brought before the appropriate entity in the venue of
Lee County. Before the agency formally rescinds the designation of the recipient or initiates any
intermediate measure, or either party commences equitable or legal action of any sort, both parties
agree to engage in informal mediation through a meeting of each party's representative at a place
and location designated by the agency.
3. In making any determination under this provision for intermediate measures, the agency will be
guided by the measures and options as set forth in ATTACHMENT VI. The purpose of the options
set forth in ATTACHMENT VI is to give notice to the recipient of the range of intermediate
11
Agenda Item No. 1604
May 25,2004
Page 13 of 37
"" ,
2/2004 Agreement Number 203.MOO4
-,
measures that would normally be imposed for violations as set forth in this provision. This range of
intermediate measures is based upon a single violation of each provision listed. Multiple violations
of the same provision will be grounds for enhancement of intermediate measures. The recipient is
entitled to deviate from the range of intermediate measures provided in ATTACHMENT VI upon a
showing of circumstances presented to the agency prior to the imposition of an intermediate
measure. Circumstances that may be considered for enhancement or reduction of intermediate
measures include, but are not limited to:
a. History of previous violations.
b. The magnitude and scope of the damage inflicted upon the general public.
c. The lack of danger to the public health, safety and welfare.
d. The degree of fmancial hardship incurred by the recipient as a result of the imposition of
intermediate measures.
e. Corrective action taken by the recipient.
f. Steps taken by the recipient to ensure the non-occurrence of similar violations in the future.
C. Termination:
1. Termination for Convenience
-
This agreement and any other agreements incorporating it by reference may be terminated by either
party upon no less than sixty (60) 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. In the event the recipient terminates an
agreement at will, the recipient agrees to submit, at the time it serves notice of the intent to
terminate, a plan which identifies procedures to ensure services for consumers pursuant to this
agreement or any subagreement will not be interrupted or suspended by the termination. In the event
that an agreement between a recipient and a subrecipient is terminated, the recipient shall require the
subrecipient to submit to the recipient and the department, a similar plan ensuring services to
consumers will not be interrupted or suspended by the termination.
2. Termination Because of Lack of Funds
In the event funds to finance any agreement(s) under this agreement become unavailable, the agency
may terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice
in writing to the recipient. 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.
3. Termination for Breach
Unless the breach is waived by the agency in writing, or the recipient fails to cure the breach within
the time specified by the agency, the agency may, by written notice to the recipient, terminate any
and all of the agreement(s) incorporating this agreement by reference 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
12
Agenda Item No. 16D4
May 25, 2004
Page 14 of 37
I
'-'-',---,
2/2004 Agreement Number 203.MOO4
section 60A-1.006(3), F. A. C.. Waiver of breach of any provisions of anyone agreement covered
by 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 other agreements covered under this agreement. The provisions
herein do not limit the agency's right to remedies at law or to damages of a legal or equitable nature.
D. Notice and Contact:
1. The name, address and telephone number of the agency for this agreement is:
Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida
2285 First Street
Fort Myers, Florida 33901
Phone: (239)332-4233
2. The name, address and telephone number of the recipient for this agreement is:
Collier County Service for Seniors
Collier County Government Complex
3301 Tamiami Trail E.
Naples, Florida 33962
(239) 774-8443
3. The name of the contact person, street address and telephone number where financial and
administrative records are maintained:
Mr. Barry Williams
Collier County Government Complex
3301 Tamiami Trail E.
Naples, Florida 33962
(239) 774-8443
E. Renegotiation or Modification:
1. Modifications of provisions of this agreement and of any and all agreement(s) incorporating this
agreement by reference shall only be valid when they have been reduced to writing and duly signed
by both parties. The parties agree to renegotiate this agreement and any affected agreements if
revisions of any applicable laws or regulations make changes in this agreement necessary.
2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s)
incorporating this Master Agreement by reference only when these have been established through
the appropriations process, or identified in the federal program.
IV. The Recipient Agrees to the following special provisions:
A. Property & Equipment
1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals or exceeds the lesser of (a) the
capitalization level established by the organization for the fmancial statement purposes, or $5000
(for federal funds], or (b); nonexpendable, tangible personal property of a nonconsumable nature
with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and
hardback bound books not circulated to students or the general public, with a value or cost of $250
13
Agenda Item No. 16D4
May 25, 2004
Page 15 of 37
2/2004 Agreement Number 203.MOO4
-....
or more [for state funds].
2 Recipients and sub-recipients who are Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations shall have written property management standards in compliance with OMB
Circular A-IIO that include: (a) a property list with all the elements identified in the circular; and,
(b) A procedure for conducting a physical inventory of equipment at least once every two years. The
property records must be maintained on file and shall be provided to the department upon request.
3. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment
purchased with state funds with an acquisition cost over $1,000 that is specifically identified in the
proposal application approved by the agency is part of the cost of carrying out the activities and
functions of the grant awards and Title (ownership) will vest in the recipient, subject to the
conditions of OMB Circular A-IIO, Subpart C, paragraph .34. Equipment purchased under these
thresholds is considered supplies and is not subject to property standards. Equipment purchased with
funds identified in the budget attachments to agreements covered by this agreement, or identified in
the sub-agreements with sub-recipients (not included in a cost methodology), is subject to the
conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR part 74.
4. Real property means land (including land improvements), buildings, structures and appurtenances
thereto, but excludes movable machinery and equipment. Real property may not be purchased with
state or federal funds through agreements covered under this agreement without the prior approval of
the agency and the Department of Elder Affairs. Real property purchases from Older Americans Act
funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b
United States Code (USe). Real property purchases from state funds can only be made through a
- fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of
section 216.348, F. S.
5. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and
tested prior to disposal to ensure no confidential information remains.
6. A proposal application amendment is required to be submitted by the recipient and approved by the
agency's contract manager prior to the purchase of any item of nonexpendable property not
specifically listed in the approved budget.
7. Information Technology Resources
The recipient must adhere to the agency's procedures and standards when purchasing Information
Technology Resources (ITR) as part of any agreement(s) incorporating this agreement by reference.
An ITR worksheet is required for any computer related item costing $1,000.00 or more, including
data processing hardware, software, services, supplies, maintenance, training, personnel and
facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and
must be provided to the agency upon request. The recipient has the responsibility to require any
subrecipients to comply with the agency's ITR procedures.
-
B. Copyright Oause
The recipient may copyright any work that is subject to copyright and was developed, or for which
ownership was purchased, under any agreement(s) incorporating this agreement by reference. The
Department of Elder Affairs reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other
.._.
14
Agenda Item No. 1604
May 25, 2004
Page 16 of 37
._._--~. '-'- --... ........,,""- "'--~. -,
-----. ...
2/2004 Agreement Number 203.M004
rights of the department, agency and recipient are described in Title 45 CFR, sec. 74.36, and section
286.021, F.S,.
C. Investigation of Criminal Allegations
Any report that implies criminal intent on the part of this recipient or any subrecipient and referred to a
governmental or investigatory agency must be sent to the agency. If the recipient has reason to believe
that the allegations will be referred to the State Attorney, a law enforcement agency, the United States
Attorney's Office, or other governmental agency, the recipient shall notify the Inspector General at the
department inunediate1y. A copy of all documents, reports, notes or other written material concerning
the investigation, whether in the possession of the recipient or subrecipient, must be sent to the
department's Inspector General with a summary of the investigation and allegations.
D. Disaster
In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive
Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area
agency or recipient to implement preparedness activities to improve the safety of the elderly in the
threatened area and to secure area agency and service provider facilities to minimize the potential impact
of the event. These actions will be within the existing roles and responsibilities of the area agency and
its recipient.
In the event the President of the United States or Governor of the State of Florida declares a disaster or
state of emergency, the Department of Elder Affairs may exercise authority over an area agency or
recipient to implement emergency relief measures andlor activities.
In either of these cases, only the Secretary, Deputy Secretary or hislher designee of the Department of
Elder Affairs shall have such authority to order the implementation of such measures. All actions
directed by the department under this section shall be for the purpose of ensuring the health, safety and
welfare of the elderly in the potential or actual disaster area,
E. Volunteers
The recipient will promote the use of volunteers as prescribed in section 306(a)(12), Older Americans
Act and section 430.07, F.S.. In addition, the recipient will increase the use of volunteers in the planning
and service area by providing training, technical assistance and funding, where possible, to support
volunteer efforts of their service contractors.
F. Business Hours
Recipients who are lead agencies, as defined in section 430.203(9), F.S. or who provide elder helpline
services pursuant to this agreement must also maintain minimum business hours from 8:00 AM until
5 :00 PM, Monday through Friday excluding national and state holidays.
G. Management Information Systems
For all program agreements incorporating this agreement by reference for which collection of client data
15
Agenda Item No. 1604
May 25, 2004
Page 17 of 37
_ .... ____. ___n_._.___.
2/2004 Agreement Number 203.M004
.- in electronic format (CIRTS. for example) is required:
1. Recipients who are lead agencies will ensure the collection and maintenance of consumer and
service information on a monthly basis from the Client Information Registration and Tracking
System (CIRTS) or any such system designated by the agency. Maintenance includes valid exports
and backups of all data and systems according to agency standards,
2. Recipients who are lead agencies must enter all required data per the Department of Elder Affair's
CIRTS Policy Guidelines for consumers and services in the CIRTS database. The data must be
entered into the CIRTS before the recipients submit their request for payment and expenditure
reports to the agency. The agency shall establish time frames to assure compliance with due dates
for the requests for payment and expenditure reports to the department.
3. Recipients who are lead agencies will run monthly CIRTS reports and verify consumer and service
data in the CIRTS is accw-ate. This report must be submitted to the agency with the monthly
request for payment and expenditure report and must be reviewed by the agency before the
recipient's request for payment and expenditure reports can be approved by the agency.
4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency
enacting the "Enforcement" clause of this agreement (see Section ill, C.), including delaying or
withholding payment until the problem is corrected.
5. Computer System Backup and Recovery
-, Each recipient who is a lead agency, among other requirements, must anticirtate 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 recipient functions must be backed up. The security controls over the
backup resources shall be as stringent as the protection required of the primary resources, It is
recommended that a copy of the backed up data be stored in a secure, offsite location. The recipient
and subrecipient(s) shall maintain written policies and procedures for computer system backup and
recovery. These policies and procedures shall be made available to the agency upon request.
H. Consumer Outcomes
1. The recipient will develop consumer outcome measures consistent with those developed by the
agency.
2. As required by the legislature for perfonnance-based program budgeting, the agency will set targets
for the performance of outcome measures. The recipient will be responsible for achieving these
targets.
I. Surplus/Deficit Report:
The recipients who are lead agencies will submit a consolidated surplus/deficit report in a format
provided by the agency to the agency's fiscal department by the 15th of each month. This report is for
all agreements between the provider and the agency. The report will include the following:
1. the recipient's detailed plan on how the surplus or deficit spending exceeding the threshold specified
-
16
Agenda Item No. 1604
May 25, 2004
Page 18 of 37
,". --,~ '". . '-"~
.. - ~.,---.. . - ,.-.. ..._" ...- - -- -... ..-...- - .----.--.-- ------------
2/2004 Agreement Number 203.M004
by the agency will be resolved.
2. recommendations to transfer funds to resolve surplus/deficit spending.
IN WITNESS THEREOF, the parties hereto have caused this~age agreement to be executed by their
undersigned officials as duly authorized.
RECIPIENT: Area Agency on Aging
Collier County Services for Seniors for Southwest Florida, Inc., d/b/a
Senior Solutions of Southwest Florida
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED SIGNED
BY: BY:
NAME: NAME: CHRISTOPHER LIKENS
TITLE: TITLE: BOARD PRESIDENT
DATE: March 1. 2004 DATE: MARCH 1. 2004
FEDERAL ID NUMBER:
RECIPIENT FISCAL YEAR ENDING DATE:
Aw:;~
.Aaa1ataDt ntJ Attorn.,
(Revised February 2004)
17
Agenda Item No. 1604
May 25,2004
Page 19 of 37
2/2004 Agreement Number 203.M004
- ATTACHMENT I
CERTIFICA nON REGARDING LOBBYING
CERTIFICATION FOR CONTRAcrs, GRANTS, LOANS AND
COOPERATIVE AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or wm be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to intluence an offieer or employee of any state or federal agency, a
member of congress, an officer or employee of congress, an employee of a member of congress, or an
officer or employee of the state legislator, in connection with the awarding 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) 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
contract, grant, loan, or cooperative agreement, the undersigned shall complete 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 sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
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 SIO,ooO and not more than S100,Ooo for each such failure.
March 1. 2004
Signature Date
Name of Authorized Individual Application or Contract Number
Name and Address of Organization
A.
DOEAForm 103
(Revised Noy 2002)
-
18
Agenda Item No. 1604
May 25, 2004
Page 20 of 37
-.--..,-- .-,~..'_" - -,_.~
-_._~-----
2/2004 Agreement Number 203.M004
ATTACHMENT IT
INSTRUCTIONS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INEUGffilLITY
AL~ VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
1. Each recipient of federal financial and non-financial assistance that equals or exceeds $100,000 in federal
monies must sign this debarment certification prior to contract execution. Independent auditors who audit
federal programs regardless of the dollar amount are required to sign a debarment certification form,
Neither the Department of Elder Affairs nor its contract recipients can contract with subrecipients if they
are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this agreement is
entered into. If it is later determined that the signed lmowingly rendered an erroneous certification, the
,Federal Government may pursue available remedies, including suspension and/or debarment.
3. The recipient shall provide immediate written notice to the contract manager at any time the recipient
leams that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The tenns "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used
in this certification, have the meanings set out in the Defmitions and Coverage sections of rules
implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may
contact the contract manager for assistance in obtaining a copy of those regulations,
5. The recipient 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 contract unless authorized by the Federal Government.
6. The recipient further agrees by submitting this certification that it will require each subrecipient of
agreements referencing this agreement whose payment will equal or exceed $100,000 in federal monies, to'
submit a signed copy of this certification with each subagreement.
7. The Department of Elder Affairs may rely upon a certification by a recipient/subrecipient entity that it is
not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the
department knows that the certification is erroneous.
8, The recipient may rely upon a certification by a subrecipient entity that it is not debarred, suspended,
ineligible, or voluntarily excluded from contracting/subcontracting unless the recipient knows that the
certification is erroneous.
9. The signed certifications of all subrecipients shall be kept on file with recipient.
DOEA FORM 112A
(Revised February 2004)
19
Agenda Item No. 1604
May 25, 2004
Page 21 of 37
-----....-..--
2/2004 Agreement Nwnber 203.M004
-
CERTIFICA nON REGARDING
DEBARMENT, SUSPENSION, INELIGmn..ITY
AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS
This certification is requir~ 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).
(1) The prospective recipient 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 contracting with the Department of Elder Affairs by any federal department or agency.
(2) Where the prospective recipient is unable to certify to any of the statements in this certification, such
prospective recipient shall attach an explanation to this certification.
- Signature
Date March 1. 2004
Name and Title of Authorized Individual
(Print or type)
Name of Organization
& legal autricienoy
:::::::--;
DOEA FORM 112B ..
(Revised Apnl 200 1 )
,"""-"
20
Agenda Item No. 1604
May 25, 2004
Page 22 of 37
---, ----.. ..- .._-
.._-
2/2004 Agreement Number 203.M004
ATTACHMENT ill
Audit Attachment
The administration of funds awarded by the agency to the recipient, and the sub-recipient through agreements with
the Tp.cipient, may be subject to audits and/or monitoring by the agency and other authorized state personnel or
federal personnel as described in this section.
Monitorin2
In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and section 215,97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency
staff, limited scope audits as defmed by OMB Circular A-I33, as revised, and/or other procedures. By entering
into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the agency. In the event the agency detennines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the agency to the recipient
regarding such audit. The recipient further agrees t6 comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Comptroller, Auditor General or state/federal personnel.
OTHER REQUIREMENTS
If the recipient is a non-profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment)
must be completed and returned to the agency with the signed contract.
Audits
PART I: FEDERALLY FUNDED
This part is applicable if the recipient or subrecipient is a State or local government or a non-profit organization as
defmed in OMB Circular A-I33, as revised,
1. In the event that the recipient or subrecipient expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the recipient or subrecipient must have a
single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as
revised. Federal funds awarded through the agency by this agreement, if any, are indicated in section II.
A. of the contract(s) covered by this agreement. In determining the Federal awards expended in its fiscal
year, the recipient or subrecipient shall consider all sources of Federal awards, including Federal funds
received from or passed through the agency. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of
the recipient or subrecipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-l33, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient or subrecipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-B3, as revised.
21
Agenda Item No. 1604
May 25, 2004
Page 23 of 37
2/2004 Agreement Number 203.M004
,~-- 3. If the recipient or subrecipient expends less than $300,000 ($500,000 for fiscal years ending after December
31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB
Circular A-l33, as revised, is not required. In the event that the recipient expends less than $300,000
($500,000 for flScal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient
resources obtained from other than Federal entities).
4, Information regarding audit requirements contained in OMB Circular A-l33 and section 215.97, F.S.,
can be obtained from the following web-sites;
htto://www. whitehouse.gov/omb/circularsl
and:
htto:llwww .leg.state. fl. us!
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by section 215.97, F.S..
1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of
such recipient, the recipient must have a State single or project-specific audit for such fiscal year in
accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded
through the agency by this agreement are indicated in section II. A. of the contract(s) of which this
- agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall
consider all sources of State awards, including State funds received from the agency, other state agencies,
and other nonstate entities except that State awards received by a non-state entity for Federal program
matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that
the audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting
package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination
attestation report, management assertion report (alternatively, management's assertion may be included in
the management representation letter), and a schedule of State fmancial assistance.
The auditor's examination attestation report must indicate whether management's assertion as to compliance
with the following requirements is fairly stated, in all material respects: activities allowed or unallowed;
allowable costs/cost principles; matching (if applicable), and; reporting.
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of section 215.97, F.S., is not required. In the event that the recipient
expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from 'non-State
funds (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than
State entities).
.-.
22
Agenda Item No. 1604
May 25, 2004
Page 24 of 37
_._w__ -^'.~--,~-.<<-
---.-. . -
2/2004 Agreement Number 203.M004
PART ill: REPORT SUBMISSION
For lead agencies only copies of reporting packages for audits conducted in accordance with OMB Circular
A-l33, as revised, and required by PART I of this attachment shall be submitted, when required by section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following
within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end:
A. Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida at the
following address:
Senior Solutions of South west Florida
Attn.: Fiscal Department
2285 First Street
Fort Myers, FL 33901
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment
for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the
agency in writing, and shall allow the agency or its authorized designee, and the Comptroller or Auditor
General access to such records upon request. The recipient shall ensure that audit working papers are made
available to the agency or its designee, and the Comptroller or Auditor General upon request, for a
minimum period of five (5) years from the date the audit report is issued, or may need to be longer if
requested in writing by the agency.
PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS
1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the
agency, which presents costs by service (as defined by the agency), including units of service delivered, for
recipients or subrecipients expending state or federal awards for services performed by their employees,
contractors, and other payees who receive payment from agency-administered funds for units of service
recorded in the agency's Client Registration and Tracking System (CIRTS). This supplemental schedule
shall be prepared using the same methodology as used in determining the contractual rates. Government
entities are excluded from this requirement.
2. If an audit is not required or performed, the head of the recipient entity or organization must provide a
written attestation, under penalty of perjury, that the recipient has complied with the allowable cost
provisions (congruent with the Reference Guide for State Expenditures and OMB Circular A-122 or A-87,
whichever is applicable). EXHIBIT 1 to this attachment provides an example attestation document that
should be used by the agency head or authorized signatory for contracts to attest to compliance with these
provisions.
3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included
in all contracts identifying the ftmding source(s), program titles, applicable CFDA or CSFA numbers and
the amount of funds granted.
4. Specific requirements for match, co-payments, and program income applicable to programs administered by
the agency are outlined in the following applicability chart, Brief definitions of terms used in the chart are
included.
(Revised February 2004)
23
Agenda Item No. 1604
May 25, 2004
Page 25 of 37
--
2/2004 Agreement Nwnber 203.MOO4
APPLICABILITY CHART
tH. l '5," Match Program income Co-payment
(CCE) . recipients must match at least 10 percent of the . may be deposited in an interest bearing · must be used to increase services in the
Community cost for all Comrmmity Care for the Elderly account and used to increase services in same contract year as earned or carried
Care for the services. the same contract year as earned or carried forward and spent in the next state fiscal
Elderly forward and spent in the next state fiscal year to increase services.
Program · match may be either by cash, certified public year
expenditure, or third-party in-kind
. voluntary contributions may be used to
· all CCE funds expended must be properly meet local match requirements
matched at the end of the contract period
· CCE core service funds cannot be used as
match for AAA administration costs
(BCE) · may be spent in the same contract year as
Home Care earned., or carried forward and spent in
for the the next state fiscal year
Elderly
Program
(ADI) . may be deposited in an interest bearing · must be used to increase services in the
Alzheimer's account and used to increase services in same contract year as earned or carried
Disease the same contract year as earned or forward and spent in the next state fiscal
Initiative carried forward and spent in the next state year to increase services.
fiscal year
. can not be used for cost sharing
(LSP) · may be spent in the same contract year as
Local earned or carried forward and spent in the
Service next state fiscal year
Programs
24
Agenda Item No. 16D4
May 25, 2004
Page 26 of 37
-
"'__k'" "--, -,'.. -._~ -."-.--- ^".---
- -- -_._-- ------.-
2/2004 Agreement Number 203.M004
ATTACHMENT III
EXHIBIT - 1
MANAGEMENT ATTESTATION LETTER
(To be completed at the end of recipient or sub-recipient's fiscal year)
Contract or Agreement Number:
1, , hereby attest under penalty of perjury
(recipient's authorized representative)
that Collier County Services for Seniors based on the criteria
I (recipient agency name)
set forth in the department's Audit Attachment, PARTS I and II, that:
A. The above narned recipient agency is not required to provide an audit report or reporting package because
[check applicable statement(s)]:
D the above-named entity has not expended $300,000 ($500,000 for ftScal years ending after December 31,
2003) or more in total federal awards in its fiscal year and therefore is not required to have a single or
program-specific audit performed in accordance in OMB Circular A-133, as revised, and/or;
D the above-named entity has not expended a total amount equal to or in excess of $300,000 in state awards
in its fiscal year and therefore is not required to have a State single or program-specific audit in
accordance with section 215.97, Florida Statutes.
B. The recipient has complied with the allowable cost provisions [congruent with State and Federal law,
generally accepted accounting principles, the Department of Financial Services' Reference Guide for State
Expenditures, and Office of Management and Budget (OMB) Circular A-122, A-llO, or A-87, whichever is
applicable].
By making this statement the recipient has considered not only funding or awards from the department, but all
sources of Federal and State funding or awards.
Fiscal year ended
(Month, day, year)
(Signature)
(Title)
March 1, 2004
(Date)
A
27
Agenda Item No. 1604
May 25,2004
Page 29 of 37
U'_".
2/2004 Agreement Number 203.M004
-
ATTACHMENT ill
Exhibit - 2
Oath of Not for Profit Status
Contract or Agreement Number:
As an authorized representative for the Recipient identified herein, and in the above referenced document(s), I do
hereby swear under oath that this entity is currently a "not for profit" (non-profit) organization as defined in
section SOl(c)(3) of the Internal Revenue Code. If this non-profit status changes for any reason during the life of
the above referenced contract or agreement, the Department of Elder Affairs will be notified in writing
immediately.
-
Collier County Services for Seniors
Name of Recipient entity
Signature of Authorized Representative
Printed name and Title of Authorized Representative
March 1, 2004
Date of Oath
A
- (Revised February 2004)
28
Agenda Item No. 1604
May 25, 2004
Page 30 of 37
"......._._-~'" -'..' ..--- ---_-..
-,-
212004 Agreement Number 203.M004
ATI ACHMENT IV
CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE
FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
The undersigned, an authorized representative of the recipient named in the contract or agreement to which this
form is an attachment, hereby certifies that:
(1) The recipient and any sub-recipients of services under this contract have financial management systems
capable of providing certain information, including: (1) accurate, current, and complete disclosure of the
financial results of each grant-funded project or program in accordance with the prescribed reporting
requirements; (2) the source and application of funds for all contract supported activities; and (3) the
comparison of outlays with budgeted amounts for each award. The inability to process information in
accordance with these requirements could result in a return of grant funds that have not been accounted for
properly.
(2) Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which the
recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified
to be capable of processing data accurately, including year-date dependent data. For those systems identified
to be non-compliant, recipient(s) will take immediate action to assure data integrity,
(3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip
technology, the undersigned warrants that these products are capable of processing year-date dependent data
accurately. All versions of these products offered by the recipient (represented by the undersigned) and
purchased by the State will be verified for accuracy and integrity of data prior to transfer.
In the event of any decrease in functionality related to time and date related codes and internal subroutines
that impede the hardware or software programs from operating properly, the recipient agrees to immediately
make required corrections to restore hardware and software programs to the same level of functionality as
warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time
being of the essence.
(4) The recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures
include a disaster plan to provide for service delivery to continue in case of an emergency including
emergencies arising from data integrity compliance issues.
The recipient shall require that the language of this certification be included in all subcontracts, subgrants, and
other agreements and that all sub-contractors shall certify compliance accordingly.
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 OMB Circulars A-I02 and A-IIO.
Collier County Service For Seniors Collier County Government Complex 3301 Tamiami Trail E Naples. Florida
33962
Name and Address of Recipient
March 1, 2004
Signature Title Date
Name of Authorized Signer
(Revised February 2004)
29
APKr5::~ Agenda Item No. 1604
May 25, 2004
Page 31 of 37
AIIlItult tr AtiorMf
2/2004 Agreement Number 203.M004
- . The reviewer(s) must provide written notification to the requester, within 7 calendar. days after the grievance
revievv, stath1g:
the decision, the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal an adverse decision to the Area Agency on Aging by 'Written request within 7
calendar. days, except in decisions involving the professional judgement of a legal assistance provider;
the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency;
the opportunity to be represented by himselfi'herself or by legal counsel, a relative, a friend or other qualified
representative;
for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding
complaints related to the actual legal representation provided.
PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A
WRITTEN APPEAL TO THE AREA AGENCY ON AGING
. Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must
acknovvledge receipt of the notice of appeal by a written statement delivered to the appeUant. This statement
must also provide notice of:
the time and place scheduled for the appeal;
the designation of one or more impartial AAA officials who have not been involved in the decision at issue;
the opportunity to examine at a reasonable time before the appeal the individual's own case record to date,
and to a copy of such case record at no cost to the individual;
the opportunity to informally present argument, evidence, or witnesses without undue interference during the
appeal;
assistance, if needed, in order to attend the appeal;
- and the stopping of the intended action until all appeals are exhausted.
. AU appeals of grievance revievvs must be conducted at a reasonable time, date and place by one or more
impartial AAA officials who have not been directly involved in the initial determination of the action in
question.
. The designated AAA official(s) must provide written notification to the requester within 7 calendar. days
after considering the grievance revievv appeal, stath1g:
the decision, and the reasons therefore in detail;
the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of
current benefits until all appeals are exhausted;
the individual's right to appeal, if applicable.
. Except for Medicaid Waiver actions, the decision of the AAA shall be the fmal decision;
and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as
required by the ADA.
. All records of the above activities must be preserved and remain confidential. A copy of the fmal decision
must be placed in the client's file.
· In computing any period of time prescribed or allovved by these guidelines, the last day of the period so
computed shall be included unless it is a Saturday, Sunday, or legal holiday, in vvhich event the period shall run
until the end of the next day vvhich is neither a Saturday, Sunday, or legal holiday.
-
31
Agenda Item No. 1604
May 25,2004
Page 33 of 37
^."- .-., - -.--.-
212004 Agreement Number 203.MOO4
ATTACBMENTVI
INTERMEDIATE MEASURES
INDICATORS MEASUREMENT INTERMEDIATE
Section 430.04 (2), F .S. MEASURES Section 430.04
(2), F.S.
Lacks financial stability . Failure within the same fiscal . Temporary assumption of
sufficient to meet contractual year in which due to pay operations and functions
obligations or that contractual short-term loans related to the problem area
funds have been misappropriated . Failure to transfer at the within the agency
appropriate time, due to lack . Placement on probationary
of funds status for a specified period
o Taxes withheld on sufficient to address
the income of identified problems
employees . Impose a time limited
o Employer and moratorium on agency
employee contributions . Reduce any advances for the
for federal social following year to 30 days
security or any pension, and examine surpluses for
retirement, or benefit redistribution.
plan for an employee
. Failure for one pay period to
pay, due to lack of funds
o Wages and salaries
owed to employees
o Retirement benefits
owed to former
employees
. An wrreserved or total fund
balance or retained earnings
deficit for which sufficient
resources are not available
to cover the deficit for 2
successive years
An intentional or negligent act . Intentional or Repeated . Impose a time limited
of the agency has materially violations of the requirement moratorium on agency
affected the health, welfare, or to serve APS clients within . Temporary assumption of
safety of clients, or substantially 72 hours operations and functions
and negatively affected the . Any other verifiable report related to the problem area
operation of an aging services of such actions within the agency
program
Committed multiple or repeated . Achievement levels from . Unannounced special
violations oflegal and monitoring reviews monitoring
regulatory requirements or . Any other verifiable report of . Reduction in advances for
department standards such actions following year and review of
surpluses for redistribution
. Appropriate Corrective
action
Agenda Item No. 1604
May 25, 2004
32 Page 34 of 37
i -
212004 Agreement Number 203.M004
,- AITACHMENT VI (cont.)
INTERMEDIATE MEASURES
INDICATORS MEASUREMENT INTERMEDIATE
Section 430.04 (2), F.S. MEASURES Section 430.04
(2), F.S.
Failed to adhere to terms of its · Achievement levels from · Placement on probationary
contract with the Department monitoring reviews status for a specified period to
· Adherence to Area Plan address identified problems
· Any other verifiable report of · Financial penalties
such action · Re-allotment of surplus funds
to other planning and service
areas
· Appropriate Corrective action
Failed to implement and · Achievement levels from · Appropriate Corrective action
maintain department approved monitoring reviews
client grievance resolution · Any other verifiable report of
procedure such action
Failed to continue the provision · Achievement levels from · Temporary assumption of
or expansion of services after the monitoring reviews agency operations and
declaration of a state of · Any other verifiable report of functions to implement
,-. emergency such action emergency service plan
-
-
Agenda Item No. 1604
May 25, 2004
33 Page 35 of 37
...., --..- ---. ~._,..-
--.-.
2/2004 Agreement Number 203.M004
Attachment VII
Health Insurance Portability and Accountability Act (HIP AA) of 1996
The department and the recipient will comply with all requirements of the Health Insurance Portability and
Accountability Act (HIPAA) of 1996. The department and the recipient recognize that each is a "Business
Associate" of the other under the tenns of lllP AA. As such, each agrees to the following:
(a) That neither party will use or disclose protected health information for any purpose other than as authorized
by law, by this contract, or by separate agreement between the parties.
(b) That each party will not use or disclose protected health information in a manner which would be a prohibited
use or disclosure if made by the other.
(c) That each party will maintain safeguards as necessary to ensure that the protected health information is not
used or disclosed except as provided by law, by this contract, or by separate agreement between the parties.
(d) That each party will report to the other any use or disclosure of the protected health information of which it
becomes aware that is not provided for by law, by this contract, or by separate agreement between the parties.
(e) That each party will ensure that any of its subcontractors or agents to whom it provides protected health
information received from the other agree to the same restrictions and conditions that apply to each other with
respect to such information.
(f) That each party will follow an agreed upon process established to provide access to protected health
information to the subject of that information when the other has made any material alteration to the information.
This process will include how each party would determine in advance how the other would know or could readily
ascertain when a particular individual's protected health information has been materially altered by the other and
how it could provide access to such information. This process will establish how each party would provide access
to protected health information to the subject of the information in circumstances where the information is being
held by the other.
(g) That each party will provide health information to the subject of the information in accordance with the
subject's right to access, inspect, copy, and amend their health infonnation.
(h) That each party will make available to the other its internal practices, books and records relating to the use,
disclosure, and tracking of disclosure of protected health information received from the other or its agents for the
purposes of enforcing compliance with HIP AA.
(i) That each party will assist the other in meeting its obligation to provide, at an individual's request, an
accounting of all uses and disclosures of personal health information which are not related to treatment, payment,
or operations within 60 days of the request of an accounting.
(j) That each party will incorporate any amendments or corrections to protected health information when notified
by the other that the information is inaccurate or incomplete.
(k) That at the termination of this contract, unless a new contract is agreed upon, each party will return or destroy
all protected health information received from the other that it still maintains in any form.
(1) That either party may terminate this contract if it learns that the other has repeatedly violated a term of this
contract provision.
(m) That each party will disclose only the minimum amount of information necessary to accomplish the
permitted use of the protected health information, This minimum use requirement ~es n~ alfflliri~foW3&~n
provided for treatment or to disclosures required by law. gen a ~ay 2~t 2004
34 Page 36 of 37
-
2/2004 Agreement Number 203.M004
_..
(n) That each party will limit the use and disclosure of protected health information to the minimum number of
employees necessary by class of employee and type of information to accomplish the permitted use of the
information.
(0) That each party will meet at least the minimum security requirements for the protection of protected health
information as required by HIPAA.
(P) That each party is bound by the tenns of the ''Notice of Practices" of the other with regard to protected health
information it receives from the other.
,-
-,
Agenda Item No. 1604
May 25, 2004
35 Page 37 of 37
,-, ~.~-
,-
EXECUTIVE SUMMARY
Approve a request to apply for a Florida Clean Vessel Act Grant for pump
out stations at Caxambas Park and Cocohatchee River Park
Obiective: To promote recreational boating and environmental stewardship through
available grant opportunities.
Considerations: The Parks and Recreation Department operates two marinas, one at
Cocohatchee River Park and the other at Caxambas Park. This grant would fund the
installation of vessel pump out stations at these facilities. The stations would hook into
the sewer lines at the parks to allow for clean and safe dispose of boat sewage.
Fiscal Impact: Under the terms of the grant program the County is required to pay 25%
of the total amount, which is estimated to be $60,000. If awarded the grant, staff will
prepare a budget amendment to appropriate match in the estimated amount of $15,000
from 306 Reserves. Also under the terms of the grant the County may charge up to $5 for
use of the pump out station.
Growth Manaaement Impact: No impact to the Growth Management Plan is related
to this action.
-
Recommendation: That the Board of County Commissioners approve this request to
apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and
Cocohatchee River Park
-.
,-
Agenda Item No. 16D5
May 25, 2004
10f2
_._._._._------,,~,,--..~,.,'-_. --_.."'~''''-.""...,'',......-...,..-." ,."~..~.,.._';._-,-,_.~..,..".",.,.,...,'"
COLLIER COUNTY
_. BOARD OF COUNTY COMMISSIONERS
Item Number 1605
Item Summary Approve a request to apply for a Florida Clean Vessel Act Grant for pump out
stations at Caxambas Park and Cocohatchee River Park
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Marla Ramsey Parks & Recreation Director Date
Public Services Parks and Recreation 5/14/200412:38 PM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5/17/20049:23 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/20049:37 AM
Approved By
Gary A. Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :45 AM
Approved By
,-"
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20041:27 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5118/20049:08 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/20045:02 PM
-
Agenda Item No. 1605
May 25, 2004
20f2
-,.>~,,-"-~_.~. - ..~~-- . --.,---
,-
EXECUTIVE SUMMARY
Authorize rental of trucks from Enterprise Rent A Car at an estimated cost
of $35,000 for the transportation of food to recreation and school sites
under the Summer Food Grant Program
Obiective: To obtain cost-effective and reliable transportation for summer food
delivery.
Considerations: For the past eleven (11) years Collier County has entered into a rental
agreement with Enterprise Rent A Car for vehicles to transport meals to school and
recreation summer camps throughout Collier County.
Enterprise Rent A Car is a sole source vendor due to the types of vehicles needed. Pick-
up trucks are the vehicle of choice due to load capacity, ease of driving, and cost. Trucks
are not available through any other local vendor or on State contract.
The Enterprise Rent A Car rate is $181.95 per vehicle per week, plus a State surcharge.
This rate is the same as last fiscal year.
,- Fiscal Impact: The estimated cost of $35,000 is reimbursable by the Summer Food
Grant Program, Fund 119-156342.
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners authorize rental of
trucks from Enterprise Rent A Car for the Summer Food Grant Program.
,-
Agenda Item No. 16D6
May 25, 2004
Page 1 of 2
,--~.,~.~'...".., ,,,...... ',,-.- . ~~""---'""---
COLLIER COUNTY
,,~
BOARD OF COUNTY COMMISSIONERS
Item Number 16D6
Item Summary Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of
$35,000 for the transportation of food to recreation and school sites under the
Summer Food Grant Program
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/14120047:13 AM
Approved By
Marla Ramsey Parks & Recreation Director Date
Public Services Parks and Recreation 5/17/200412:23 PM
Approved By
Scott Johnson Purchasing Agent Date
Administrative Services Purchasing 5/17/20048:46 AM
Approved By
John Dunnuck Public Services Administrator Date
- Public Services Public Services Admin, 5/17/20049:21 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/20042:13 PM
Approved By
Gary A. Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20044:29 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20046:29 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/20048:54 AM
,-
Agenda Item No. 16D6
May 25, 2004
Page 2 of 2
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EXECUTIVE SUMMARY
Approve a Memorandum of Agreement with the District School Board of
Collier County for use of school cafeterias in conjunction with the Summer
Food Service Program
Oblective: To provide free nutritious lunches during the summer months to children in
disadvantaged neighborhoods.
Considerations: The Summer Food Service Program is a grant funded by the United
States Dcpartmcnt of Agriculture Food and Nutrition Scrvice and administered by thc
Florida Department of Education. The purpose of the program is to ensure that children
can receive the same high quality meals during the summer as provided by the schools
during the school year. Staff has successfully administered the Summer Food Service
Program for the past twenty years in conjunction with the summer camp program. This
summer the program will provide an estimated 120,000 breakfasts, 120,000 lunches, and
4,000 snacks.
Under the proposed agreement the School Board will furnish school cafeterias to the
Parks and Recreation Departmcnt for the purposc of prcparing and delivering meals
provided by the summer food service program. School Food Service Managers will be
- hired by the Parks Department to run and operate the cafeteria facilities. All food and
supplies will be sold to Parks and Recreation at cost plus 2%. The term of the Agreement
is from June 1 to the second week of August each year for five years, 2004 to 2008, with
an additional five-year agreement with approval of both parties.
Fiscal Impact: The program is budgeted under the FY 04 Food Grant Fund in the
amount of $462,000. The State will reimburse the County for 100% of expenses.
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners approves the
Memorandum of Agreement with the District School Board of Collier County for use of
school cafeterias in conjunction with the Summer Food Service Program and authorizes
the chairman to sign.
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Agenda Item No. 1607
May 25, 2004
Page 1 of 3
~~...'---_._" , ,. ,_"".."__..._"H'''''_'''''____....., ,.-'.
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 1607
Item Summary Approve a Memorandum of Agreement with the District School Board of Collier
County for use of school cafeterias in conjunction with the Summer Food
Service Program
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Marla Ramsey Parks & Recreation Director Date
Public Services Parks and Recreation 5/17/200412:21 PM
Approved By
John Dunnuck Public Services Administrator Date
Public Services Public Services Admin. 5/17/20049:20 AM
Approved By
Scott Johnson Purchasing Agent Date
Administrative Services Purchasing 5/18/20048:19 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/181200412:51 PM
--, Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/18/20042:29 PM
Approved By
Gary A, Vincent Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/18/20043:19 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20046:31 PM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/19/20048:59 AM
-
Agenda Item No. 16D7
May 25, 2004
Page 2 of 3
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MEMORANDUM OF AGREEMENT
COLLIER COUNTY PARKS & RECREATION
DEPARTMENT SUMMER FOOD SERVICE PROGRAM
The District School Board of Collier County (Schools), whose address is 5775 Osceola
Trail, Naples, Florida 34109, agrees to furnish School cafeterias to the Collier County
Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara
Blvd., Naples, Florida 34116, for the purpose of preparing and delivering meals for
summer park sites and summer school facilities by the Sponsor. This agreement is with
the understanding that current School Food Services Managers will be hired by the
Sponsor to run and operate the facilities being used to produce meals for the summer
park sites and school activities. It is understood that the Sponsor agrees to leave the
kitchens clean, in good repair and ready for the next school year.
Each meal will meet the specifications as set forth by the USDA Summer Food Program
Regulations, 7CFR Part 225. Use of the cafeterias will begin on June 1 through the
second week of August each year for five (5) years, 2004 thru 2008, with an additional
five (5) year agreement with the approval of both parties. Program dates are subject to
minor changes based upon future school calendars. Either party may cancel this
agreement with sixty (60) days notice. All food and supplies will be sold to the Sponsor
at the Schools' cost plus two percent (2%) per case. The Sponsor agrees to request
monthly cash advances from the Department of Education.
The Schools shall prepare an invoice for all food and supplies received by the Sponsor at
the end of each month. The Sponsor agrees to reimburse the Schools upon verification of
the invoice and within thirty (30) days,
IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be
executed by their duly authorized officers.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY, FLORIDA
BY: BY:
Donna Fiala, Chairman
THE DISTRICT SCHOOL BOARD OF
Witness t7School Board COLLIER COUNTY
BY:
Witness f1School Board Dick J. Bruce, Chair
Approved as to form and
Legal sufficiency:
'12~/ --;
Robert Zacahary Agenda Item No. 1607
Assistant County Attorney May 25,2004
Page 3 of 3
-"-'"
EXECUTIVESU~ARY
Authorize conveyance of an Easement to Florida Power & Light Company for electric
utility facilities to service the Naples Jail Center expansion at a cost not to exceed
$15.00, Project Number 520081.
OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution
of the attached Easement required by Florida Power & Light Company (FPL) to provide
electric service to the Naples Jail Center addition located on the main government campus
north of and adjacent to the existing jail structure.
CONSIDERATION: Thc Board approvcd the Nap1cs Jail cxpansion and rcnovation at their
June 24, 2003, meeting under Item 1O.G. As a result of the expansion, the conveyance of the
attached Easement to FPL is now required in order for FPL to provide electric service to the
jail addition. The easement varies from five to ten feet in width and is shown and described
on Exhibit "A" to the Easement.
Real Estate Services' staff Appraiser valued the easement area at $9,250. The County will
not be paid for this conveyance because the easement grant is a requirement of FPL
providing service.
This request and Easement document have been reviewed and approved by the Facilities
..- Management Department and the County Attorney's office.
FISCAL IMPACT: The total cost to record the Easement will be $15.00. Funding is
available in Correctional Facilities Impact Fee Fund (381), Naples Jail Renovation and
Expansion.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECO~ENDA TION: That the Board of County Commissioners:
1. Approve the attached Easement; and
2. Authorize Chairman Fiala to execute the Easement on behalf of the Board; and
3. Authorize staff to record the Easement with the Clerk of Courts in the Public
Records of Collier County, Florida,
,-
Agenda Item No, 16E 1
May 25, 2004
1 of 5
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COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 16E1
Item Summary Authorize conveyance of an Easement to Florida Power & Light Company for
electric utility facilities to service the Naples Jail Center expansion at a cost not
to exceed S 15.00, Project Number 520081,
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Toni A. Mott Real Properly Supervisor
Administrative Services Facilities Management
Approved By
Toni A, Mott Real Property Supervisor Date
Administrative Services Facilities Management 4/2812004 2:08 PM
Approved By
Charles E. Carrington, Jr., SRI Real Estate Services Manager
WA Date
Administrative Services Facilities Management 5111/20047:37 AM
Approved By
Skip Camp, C.F,M. Facilities Management Director Date
,-
Administrative Services Facilities Management 5/11/20048:27 AM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/12120048:19 AM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/14/2004 1 :40 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5117/200410:30 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/20045:04 PM
,-
Agenda Item No. 16E1
May 25, 2004
20f5
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-"-- .
EASEMENT
Form 3722-A (Stocked) Rev.7/94
Work Order No. 4336-42-547 Prepared By:
Name: J.W. White
Sec. 12, 'fwp. 50S, Rge. 25E. Co.Name: FP&L Co.
ParcelLD.00389600008 Address: 4105 S.W. 15th Ave.
(Maintained by Property Appraiser) Naples, Fl. 34116
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and
receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company. its licensees, agents,
successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground
electric utility facilities (including wires, poles, guys, cables. conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge. change the voltage, as well as, the size of and remove such
facilities or any of them within an easement described as follows:
An FP&L Company easement more particularly described on Exhibit "A" attached hereto and made a part
hereof. Said easement prepared by Richard J. Ewing of Coastal Engineering Consultants Inc.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay
cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and
egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other
obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees
or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or
power transmission or distribution; and further grants. to the fullest extent the undersigned has the power to grant, if at all,
the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or
highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this _ day of ,2004,
Board of County Commissioners
Collier County, Florida
By:
Donna Fiala, Chairman
3301 Tamiami Trail East
Naples, Florida 34112
Attest:
Dwight E, Brock, Clerk
3301 Tamiami Trial East
Naples, Florida 34112
Approved as to form and
L~CY: ~~_____ -
-
Ellen T. Chadwell. Assistant County Attorney Agenda Item No. 16E1
May 25, 2004
3 of 5
I
I
~ COASTAL CECl Groue SeMces
ENGINEERING EXHIBITA- Civil Engineering
- Planning SeMces
CONSULTANTS Page--L- of z.. Survey & Mopping
INC Coastal Engineering
Real Estate Approisal
A CECI GROUP COMPANY Webslte: www.coostalenglneerlng.com
NAPLES JAIL CENTER
PROPOSED FLORIDA POWER AND LIGHT EASEMENT
LEGAL DESCRIPTION
A STRIP OF LAND LYING IN SECTION 12, TOWNSHIP SO SOum. RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THOSE LANDS RECORDED IN O.R BOOK 2267, PAGE 42 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN N89041'10"E ALONG THE EASTERLY I'ROLONGATION OF
THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 88.37 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE N89041'10"E 10.00 FEET;
THENCE LEAVING SAID LINE Sooo18'50"E 18.00 FEET;
i THENCE S89041'10"W 214.01 FEET;
THENCE SOS02S'S7"W 212.11 FEET;
i THENCE S43"22'44"W 16.44 FEET;
THENCE N66012'54" 79.78 FEET;
THENCE SS9047'04"W 196.12 FEET TO A POINT OF CURVATURE;
THENCE 32.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A
CENTRAL ANGLE OF 47012'34", A CHORD DISTANCE OF 32.03 FEET BEARING S680I0'47"WTO A POINT OF
TANGENCY;
THENCE S42034'30"W 172.35 FEET:
- THENCE N4602I'34"W 16.00 FEET;
THENCE N4303S'26"E 10,00 FEET;
THENCE S46"21'34"E 10.81 FEET;
THENCE N42034'30"E 162.26 FEET TO A POINT OF CUR V A TURE;
THENCE 37.0S FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45,00 FEET, A
CENTRAL ANGLE OF 47012'34", A CHORD DISTANCE OF 36.04 FEET BEARING N6S010'47"E TO A POINT OF
TANGENCY;
THENCE N89047'04"E 209.48 FEET;
THENCE S66012'54"E 62.55 FEET;
THENCE N43022'44"E 5.95 FEET;
THENCE N05"2S'57"E 217,72 FEET;
THENCE NS9041'10"E 213.05 FEET;
THENCE NOOOI8'50"W 8.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,398 SQUARE FEET OR 0.17 ACRES OF LAND.
SUBJECf TO EASEMENTS, RESTRICfIONS AND RESERVATIONS OF RECORD.
FLO
RICHARD 1. EWING,
'tROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFlCATE NO. 5295
NOT VALID WITHoti'T THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO, 04.062
DATE OF SIGNATURE: S--S. D1-
,;.-
Agenda, Item No. 16E1
3106 S. Horseshoe Drive, Naples. Florida 34104 · Phone (239) 643-2324 Fax (239) 643.1143 · E-M .~ I cifl.com
SERVING FLORIDA SINCE 1977
. .. ."
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EXHIBITL
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HERON PARK JJ>AR'I'llENTS ,-- ---
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.... - .......-:a: I I lAST. COUJDI c:cutrr, ~ IOIC ~ AI I'Ol..&.CNSo;
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~ ::n-:::: :::: ~ : rLDIIM. 1M! .....'.'0.1: AIJ)NC 1M[ IASl'DlLT ~11ON or TM(
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.:!~/ 1ltlNCl 1ClV'1'50-W..00 raT TO TN( PQIIlT or KOINMING.
..t'>{.~ SKETCH OF DESCRIPTION nc JoM1t( ~ AliI AI<<A or .t.r'PIIOnMTn.T 7,3M SOUAK nn
+,j't~~;- NOT A SURVEY CHI 0.17 ACJlD Of \,NtO.
/~"," SUUCT TO tASD<<JlTS. IIIES'TIIIICTlO .uco .ltSnYAT1OfCS 01 I(
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SCALE: 1 " = 60' -
CO-'STAL , KRAFT CONSTRUCTION OJ/1'/ ,.
ENGINEERING .........-- ..... ...
COAST.... [~[tIMtG .
CONSULT AHTS Iu.&. UlAn A"IWSAI. ~ ./
INC. ~stlr'l'GS SKI:'1'CB or DISCRIPTlON . PROP05EO 'LORIO' POWER AHO UCKT WEWEIlT. .
aCIIICII""~ ,
s.w.e ,.... ... ..n ~ g:~~~~ LY$HG IN SECTION 12, TOWNSHII' 50 SOUTH, IUHCE 25 E.sT, COWER COUHTT. rlORlO....
"01 SOUf)l MOUDMO( CMrtt .....
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EXECUTIVE SUMMARY
Recommendation to approve Amendment No.4, Phase 3 of Contract # 00-3173 for
SpilUs Candela DMJM to provide construction administration services for the
Courthouse Annex in the amount of $179,690.00.
OBJECTIVE: To approve Amendment No.4, Phase 3 of Contract # 00-3173, for
Construction Administration Services for floors 1-3 of the Courthouse Annex.
CONSIDERATIONS: On June 6, 2001, the Board approved and awarded RFP # 00-
3173 (Design of the Courthouse Annex) to Spillis Candela DMJM.. The Agreement was
phased and amcndments are bcing uscd to accommodate available funding:
Phase One: Space programming and conceptual design. (Completed 12/20/01)
Phase Two: Schematic design, design development, and construction drawings.
(Will be completed June 4, 2004).
Phase Three: Bidding and Construction Administration Services for a 3-story
building with a 4th story building shell. (Will be completed April 1 ,
2(06).
The space programming, accomplishcd in Phase 1, indicatcd that an 8-story building
consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected
-, growth of Courthouse support staff. Due to budget constraints, the project would be built
in phases.
Negotiations with Spillis Candela DMJM resulted in the following total architectural fee
for Phase 3 of $179,690 which is 1.3% of the project budget. The building height was
also reduced from 8 stories to 7 stories to accommodate the new proposed Planned Unit
Development (PUD) for the Government Complex, which is proposing a maximum
height of 110ft.
FISCAL IMPACT: Funds from the County Wide Capital Improvement Fund (301) in
the amount of $15,450,000 have been budgeted in FY 04 for the design and construction
of the 4-story building (3 fmished floors and 1 shell). The negotiated design fee falls well
within the budgeted amount.
A recap of the funding is as follows:
Phase 1 Programming, Schematic design $190,000
Parking deck design only $757,110
Phase 2 Design Development, Const. drawings $435,354
Change Order Finish 3rd floor shell $ 69,716
Design 4th Floor shell $129,518
Phase 3 Construction Administration $179.690
Total Design Fee $1,761,388
- The total design fee is 6.1 % of the Project budget (Annex & Garage) of $29,010,000.
Agenda Item No. 16E2
May 25, 2004
1 of 8
-~"-'~"'-"-"-"-"'-'"'-'.""'--""-"-""~-"- "-- "~,."-,,,,,,,,,,-,",,.,,,,,.,III>1t"",.. ."e ~"""""---'''",",-",,",,''''''''''''''''''''''''''-'''''''-'''''~'''' _._".".;;".<...--...".....'_..._.~..,.....~..-". -. ~"..~--~
Executive Summary Contract # 00-3173
Paee 2
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's
Projected Space Assessment Analysis Plan.
RECOMMENDATIONS: That the Board of County Commissioners approve
Amendmcnt No.4, Phase 3 of Contract # 00-3173 to Spillis Candela DMJM for thc
Construction Administration Services for the Courthouse Annex and authorize the
Chairman to sign the Amendment with Spillis Candela DMJM after review by the
County Attorney's Office.
.'-
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Agenda Item No. 16E2
May 25, 2004
2 of 8
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COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONERS
Item Number 16E2
Item Summary Recommendation to approve Amendment No.4. Phase 3 of RFP # 003173 for
Spill is Candela DMJM to provide construction administration services for the
Courthouse Annex in the amount of $179,690.00.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Jack Crognale Principal Project Manager
Administrative Services Facilities Management
Approved By
Skip Camp, C,F.M. Facilities Management Director Date
Administrative Services Facilities Management 5/12/200412:53 PM
Approved By
Linda Jackson Contracts Agent Date
Administrative Services Purchasing 5/12/20041:18 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
- Administrative Services Purchasing 5/13/20049:21 AM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/14/20042:20 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/20048:17 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20048:58 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/200410:43 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/2004 5:07 PM
-
Agenda Item No. 16E2
May 25,2004
3 of 8
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EXlllBIT A-l Contract Amendment # 4
Construction Adminisrration Services for Courthouse Annex
This amendment, dated , 2004 to the refercnced agreement shall be by and between thc parties
to the original Agreement, Spillis Candela DMJM (to be referred to as "Contractor") and Collier County,
Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Conrract # 00-3173, Design of the Courthouse Annex and Parking Garage. In order to continue the
services provided for in the original Contract document referenced above, the Contractor agrees to amend
the above referenced Conrract as per the Supplemental Authorization Exhibit "Amendment # 4 Additions
to the Scope of Work" attached to this Amendment and incorporated herein by reference. This
Amendment shall extend the Agreement through June 4, 2004.
The Conrractor agrees that this amends the original Contract and that the Contractor agrees to complete
said services in the amount of One hundred and seventy-nine thousand six hundred and ninety dollars
($179,690,00) as per Exhibit" Amendment # 4, "Estimate of Construction Administrative Fees".
All other tenns and conditions of the agreement shall remain in force,
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set thcir hands and scals on the date(s) indicated below,
CONSULTANT
ATTEST:
Soillis Candela DMJM
Corporate Secretary /Witness Name of Finn
By: By:
Dated: Title:
Dated:
CORPORATE SEAL
ATTEST: OWNER:
BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
By:
Donna Fiala, Chaimlan
Approved as to fonn and
Legal sufficiency:
Assistant County Attorney
Agenda Item No. 16E2
May 25, 2004
4 of 8
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AMENDMENT # 4
Contract # 00-3173
Schedule A
Scope
April 22, 2004
Mr. Jack Crognale
Construction Manager
Department of Facilities Management
Collier County Government
General Services Building
3301 Tamiami Trail East
Naples, FL 34113
Re: Construction Administration Service for Courthouse Annex
- Dear Jack:
Please issue an amendment to our AlE contract for the Construction Administration phase of the
Courthouse Annex project. To date, only the design phases (up to 75%) have been authorized by the
County. These phase 3 services are as follows:
Construction Administration fees for floors 1 - 3 (finished space) $ 162,690.00
Construction Administration fees for floor 4 (shelled) Included in Amendment #3
Expenses for Construction Administration fees for item 1 above $ 17.000.00
Total for Phase 3 services: $ 179,690.00
I have enclosed page 39 (revised) of the contract to reflect the Phase 3 services.
Please call if you have any questions.
Sincerely,
Donald J. Dwore, F AIA
Principal
cc: D. Klem
S. Berler
- R.Macia
Agenda Item No. 16E2
May 25. 2004
5 of 8
~..-
AMENDMENT # 4
Contract # 00-3173
Schedule B
Basis of Compensation
2,1,2. A lump sum fee of: Already under contract.
For the Schematic Design Phase of the Project.
2.1.3, A lump sum fee of: Already under contract.
For the Design Development Phase of the Project.
2.1.4. A lump sum fee of: Already under contract.
For the Construction Documents Phase of the Project.
Phase 3
2.1.5. A lump sum fee of: One Hundred Sixty Two Thousand Six Hundred Ninety
Dollars ($162,690.00).
For the Construction Administration Phase of the Project.
2.1.6 A lump sum fee of: Seventeen Thousand Dollars ($17,000.00).
For the Construction Phase services of the Project.
This amount does not include fees for the 3 month, 6
month and 1 year warranty inspections. A lump sum fee
TBD shall be due for the 3-month warranty inspection
And TBD for the I-year warranty inspection,
2.1.7. The fees noted in paragraph 2.1.5 through 2,1.6 shall constitute the total amount of One Hundred
Seventy Nine Thousand Six Hundred Ninety Dollars ($179,690.00), to be paid to the Design Professional
for the perfonnance of the Construction Administration Services -Phase 3.
If Contingency Services, as provided for under Section 2.1 of the Agreement are provided, the Owner
agrees to pay the Design Professional a negotiated fee based on the work to be perfonned. None of these
services are anticipated at this time.
AMENDMENT # 4
Agenda Item No. 16E2
May 25, 2004
6 of 8
- Contract # 00-3173
Schedule C
SCHEDULE
1. The Phase 2 Construction Documents Phase submittals for the four (4) story
Annex with the fourth floor as shell space shall be submitted to the owner by
June 4th, 2004.
2. The Owner is to review the documents and the Design Professional shall
revise the Construction Documents as required by the Owner in order to
obtain the Owner's written authorization to proceed to the Bidding I
Construction Administration Phase. This review period is from June 7th
through June 11, 2004.
3. The Bidding I Construction Administration Phase for the four (4) story Annex
.'~-"'" with the fourth floor as shell space is estimated as a 14 to 16 month period.
..,,-..
Agenda Item No. 16E2
May 25,2004
7 of 8
CONfRACT MODIFICATION CHECKLIST FORM
PROJECT NAME: Courthouse Annex & Parkina Garaae PROJECT #: 52533
BID/RFP #: 00-3173 Amendment #: .!-AMOUNT OF THIS CHANGE $179,690.00
PO #: 4500002601 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 435,354.00 CURRENT $1,571,388,00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $1,391,698.00
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of last BCC ApprovaI9/23/03 Agenda Item # 16 E 8
Percentage ofthe change over/under current contract amount= 12.91 %
Formula: (Current Amount I last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to
BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Construction Administration Services for floors 1-3 of
the Courthouse Annex
JUSTIFICATION FOR CHANGE (S): So Spillis Candela can provide this service.
PARTIES CONTACTED REGARDING THE CHANGE: Skio Camo. Jack Croanale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) - Y-
Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y . The appropriate parties have been consulted regarding the change
_ Y Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE:
DISAPPROVE:
Date: Date:
COMMENTS:
Agenda Item No. 16E2
May 25, 2004
8ot8
-
EXECUTIVE SU~ARY
Recommendation to approve additions to, deletions from and modifications of certain
classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1,
2004 through May 14,2004.
OBJECTIVE: For the Board of County Commissioners to approve additions to, deletions from
and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan.
CONSIDERATION: Attached as Exhibit 1 are the proposed additions to, deletions from and
modifications of certain classifications in the County's 2004 Fiscal Year Pay and Classification
Plan that were made between February 1,2004 and May 14,2004. These changes result from
organizational realignments and new employee assignments that have occurred since the Pay and
Classification Plan was approved in September 2003.
FISCAL IMP ACT: The results of these actions will have a fiscal impact to the County for
minimal salary adjustments which are absorbed by individual departments.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
- with this Executive Summary.
RECO~ENDATION: That the Board of County Commissioners approve the additions to,
deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and
Classification Plan.
-
Agenda Item No. 16E3
1 May 25, 2004
1 of 4
....".",.,.,.-...,--.-.-- ~..,. ",',....'.,.,,",..,..'"',"_.JH,~.""'1(l...'".H..."'." '.-, .,."-"...,.,,.,.,.'.~ .,-.-.~...,,,';_.~,,--,...'..........._--
COLLIER COUNTY
"- BOARD OF COUNTY COMMISSIONERS
Item Number 16E3
Item Summary Recommendation to approve additions to, deletions from and modifications of
certain classifications in the 2004 Fiscal Year Pay and Classification Plan made
from February 1, 2004 through May 14. 2004,
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Donald Albonesi Compensation Manager
Administrative Services Human Resources
Approved By
Donald Albonesi Compensation Manager Date
Administrative Services Human Resources 5/13/20048:25 AM
Approved By
Jean Merritt Human Resources Director Date
Administrative Services Human Resources 5/13/2004 8:38 AM
Approved By
Mary Beck Executive Secretary Date
Administrative Services Administrative Services Admin. 5/13/20043:21 PM
-
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin, 5/14/20042:28 PM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20049:19 AM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5117/20049:19 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager"s Office Office of Management & Budget 5/17/200410:15 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18120045:10 PM
,-
Agenda Item No. 16E3
May 25, 2004
20f4
,. -~ ..-
Pro Dosed Additions to. Deletions from and Modifications of
Certain Classifications in the 2004 Fiscal Year
Pay and Classification Plan
Februarv 1 throuah Mav 14. 2004
Classification fix Pay Ranae Comments
Grade Minimum Maximum
Resubmittals from the ADril 27. 2004 BCC Meetina to include Pay Grade and Pay Ranae
Director - Building Review and 31 $68,860 $105,865 Modify classification - increase in pay grade.
Permitting Upgrade of requirements,
Instrumentation/Electrical Technician. 18 $36.118 $55,527 Add classification - addition of supervisory
Senior responsibilities
Interdepartmental Supervisor - Immokalee 21 $42.231 $64.925 Delete classification - position eliminated
Manager - Shelter Operations 22 $44,342 $68,172 Add classification - increase management
depth in DAS
Plant Manager 25 $51,384 $78,998 Add classification
Resubmittals from the May 11. 2004 Bee Meetina to include Pay Grade and Pay Ranae
Director - Emergency Medical Services 31 $68,860 $105,865 Reinstate classification to the Pay Plan
in order to classify incumbent into this title.
Sr. Management and Operations Consultant 25 $51,384 $78,998 New classification as requested
by the Productivity Committee.
Will report to Director - OMB
Agenda Item No. 16E3
job evaluations radA4DC3.tmp May 25, 2004
3 of 4
-
Classification frl Pay Rance Comments
~ Minimum Maximum
New FIrst Time Submittals
Director - Real Property Management 29 $62,396 $95,926 Delete classification - obsolete - result of
recent audit of classifications
Facilities Plant Operator 17 $34,397 $52,882 Delete classification - position eliminated -
result of recent audit of classifications
,--
Agenda Item No. 16E3
jOb evaluations radMDC3.tmp May 25, 2004
4 of 4
..-
~---~,,-~ ,~~. ._"~-,,
"--_.-~-
,- Executive Summary
Recommendation to authorize staff to utilize the Western States Contracting Alliance
(WSCA) for acquisition of information technology hardware and software.
OBJECTIVE: To obtain Board authorization for staff to utilize Western State Contracting
Alliance (WSCA) contracts for the acquisition of information technology related hardware and
software exceeding twenty five thousand dollars ($25,000.00).
CONSIDERATIONS: Departments regularly purchase computer, network and
telecommunications related hardware and software to extend or augment existing infrastructure.
Staff has reviewed the savings available through WSCA, and has found the savings to be 2.5%
per transaction on average beyond State of Florida contract pricing. Staff is requesting board
approval to utilize WSCA contracts for the acquisition of computer, network and
telecommunications related hardware and software in excess of twenty five thousand dollars
($25,000.00) for a period of three (3) years. WSCA contracts represent negotiated prices and
meet the competitive bid criteria of the County. WSCA contracts are utilized by jurisdictions
nationwide including many Florida jurisdictions. It is staff s intent to standardize as much of our
technology infrastructure as possible and to utilize pricing schedules already negotiated by this
alliance of other governmental agencies. This option will be used on an as-needed basis when
beneficial to do so.
-- FISCAL IMPACT: Funds are budgeted in the operating department's cost centers.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECO~ENDA TION: That the Board of County Commissioners authorizes staff to utilize
Western States Contracting Alliance (WSCA) contracts for the acquisition of information
technology related hardware and software exceeding twenty five thousand dollars ($25,000.00).
-
--
Agenda Item No. 16E4
- 1 - May 25, 2004
~- Page 1 of 2
~-"'.--~"- ,...."""-"'_.,',.,,",--~._-- ~ ,,--._",~.._.._,...,-'" -.-,._,"'""".,"'----- - .~.".__,._ ,rl.,~~~"..___~.__ "'~^'-' "_.__
,- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16E4
Item Summary Recommendation to authorize staff to utilize the Western States Contracting
Alliance (WSCA) for acquisition of information technology hardware and
software.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Barry Axelrod Information Technology Director
Administrative Services Information Technology
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 5/14/20047:34 AM
Approved By
-
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/14/20042:29 PM
Approved By
Robin Johnson ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20049:22 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/200410:13 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/2004 7:32 PM
--
Agenda Item No. 16E4
May 25, 2004
Page 2 of 2
--
,-
EXECUTIVE SU~ARY
Recommendation to approve a First Amendment to License Agreement with American
Tower, L.P. in order to install additional equipment on a communications tower for an
additional annual rental fee of $3,600.
OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of a
First Amendment to License Agreement with American Tower, L.P. (American Tower) to include
additional equipment upon their communications tower located at 13240 Immokalee Road.
CONSIDERATIONS: On April 8, 2003, the Board of County Commissioners approved a License
Agreement with American Tower, as Lessor, for the County to install antennas and related
equipment on a communications tower at Immokalee Road and Randall Boulevard, servicing the
Corkscrew area, for operations of the County's 800 MHz system. The annual rental amount for the
existing equipment at that site is $24,768.
More recently, Collier County requested that American Tower amend its current lease in order to
include an additional microwave antenna on the tower to service the 800 MHz radio system. The
additional antenna serves to improve the reliability of the microwave link.
,- The attached Amendment includes a provision for the additional antenna, related equipment and the
annual increase in rent for same in the amount of $3,600.
The First Amendment to Lease Agreement has been reviewed by the County Attorney's Office.
FISCAL IMPACT: The $3,600 annual increase, which is to be in equal monthly installments of
$300, shall be withdrawn from the 800 MHz IRCP Fund (188).
GROWTH MANAGEMENT IMPACT: Therc is no impact to thc Growth Managcment Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached First
Amendment to License Agreement, authorize Chairman Fiala to execute same, and approve
necessary budget amendments.
,-
Agenda Item No. 16E5
May 25, 2004
Page 1 of 6
",,--- . -.-"'""'..-..- ""--____,;,"""'"".."'..''__._H',,'.''",,;,.,..",_....O"''"4'_. w._.."
,- .";"...._,,~.~~.,;,,,....,,-... ---.-"'-
COLLIER COUNTY
...~ BOARD OF COUNTY COMMISSIONERS
Item Number 16E5
Item Summary Recommendation to approve a First Amendment to License Agreement with
American Tower, L.P. in order to install additional equipment on a
communications tower for an additional annual rental fee of $3,600.
Meeting Date 5/25/2004 9:00:00 AM
Approyed By
John J. Daly Telecommunications Manager Date
Administrative Services Information Technology 4130/2004 11 :34 AM
Approyed By
Michael H. Dowling Property Management Specialist Date
Administrative Services Facilities Management 5/17/20045:19 PM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/18/2004 1 :46 PM
Approved By
Robin Johnson ManagementfBudget Analyst Date
County Manager's Office Office of Management & Budget 5/18/20044:35 PM
,-
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/18/20044:35 PM
Approyed By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20046:54 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/20049:35 AM
Approwd By
Barry Axelrod Information Technology Director Date
Administrative Services Information Technology 5/3120043:47 PM
-
Agenda Item No. 16E5
May 25,2004
Page 2 of 6
-~'-, -,,-- ---"
.----
.~---
Licensor Site NamelNumber: Corkscrew, FL /22910
Licensor Contract Number: 52602
Licensee Site Na.meINumber: Big Corkscrew Fire / N/A
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment ("First Amendment'") to that certain License Agreement
dated March 27, 2003 by and between American Tower, L.P. and Collier County, Horida
("Agreement") is made and entered into this day of ,
2~bY and between American Tower, L.P., a Delaware limited partnership ("Licensor'")
and oilier County, Horida ("Licensee'").
RECITALS
WHEREAS, Ucensor owns a certain communications tower and leases a certain
parcel of land located at 12340 Immokalee Road, Naples, FL 34120 more commonly
known to Ucensor as the Corkscrew, FL tower site (the "Tower Facility'"); and
WHEREAS, Ucensor and Licensee entered into a certain Ucense Agreement dated
March 27, 2003 for the use of a certain portion of the Tower Facility; and
WHEREAS, Licensee desires to modify its equipment installed at the Tower
Facility; and
WHEREAS, the parties agree that as consideration for Licensee's Additional
Equipment, the current License Fee payable under the Agreement shall be increased as set
forth herein.
NOW THEREFORE, in consideration of the foregoing promises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1) Ucensor and Ucensee agree and acknowledge that Ucensee installed one (1)
Decibel omni antenna (model #DBSlOK-XT) and one (1) 7/S'" transmission line at
the mount height of One Hundred Seventy Five feet (175'), two (2) Decibel omni
antennas (model #DB564K) and two (2) 1 5/S'" diameter transmission'lines at the
mount height of One Hundred Ninety Five feet (195'), one (1) Andrew microwave
dish with radome (model #P6-65 D) and one (1) I'" elliptical diameter (model
#EW 63) transmission line at the mount height of One Hundred Sixty Seven feet
(167') centerline AGL, and one (1) Andrew microwave dish with radome (model
#PLA-65) and one (1) I'" elliptical diameter (model #EW 63) transmission line at
the mount height of One Hundred Thirty Seven feet (137') centerline AGL.
2) Licensor and Licensee agree and acknowledge that Exhibit A to the Agreement is
hereby deleted in its entirety as of the date this First Amendment is fully executed
and shall be replaced with Exhibit A Revised attached hereto and incorporated by
this reference. In the event of inconsistency or discrepancy between the Exhibit A
Revised and Licensee's equipment information set forth in the Agreement, the
A
--
-
Licensor Site NameJNumbc;r: Corkscrew, FL /22910
Licensor Contract Numbc;r: 52602
Licensee Site NameINumbc;r: Big Corksc:rew Fire I N/A
,'_.
Exhibit A Revised shall control.
3) Effective on September 18,2003 ("Commencement Date"), the License Fee shall
be increased by THREE THOUSAND SIX HUNDRED and No/loo DOll.ARS
($3,600.00) per year, payable in equal monthly installments of THREE
HUNDRED and No/loo DOU..ARS ($300.00) ("Increased Fee"). The Increased
Fee for any fractional month at the beginning or end the period shall be
appropriately prorated.
4) Capitalized tenns contained herein. unless otherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreement.
i 5) All other tenns and provisions of the Agreement remain in full force and effect.
[SIGNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OF PAGE LEFf BLANK INTENTIONAll.. Y]
-
A
--
-
"----
_.
EXECUTIVESU~ARY
Recommendation to approve a City of Naples Airport Authority Lease Agreement North
Quadrant for the Sheriff's Office Special Operations Facility site at a first year annual rent
of $19,477.23.
OBJECTIVE: Obtain Board of County Commissioners' (Board) approval and execution of a
City of Naples Airport Authority Leasehold Agreement (Lease) for vacant land at Naples Airport
for construction of a facility for the Sheriff's Office Special Operations Division.
CONSIDERATION: During the FY 03/04 budget cycle, the Board approved funding for the
construction of a new Sheriffs Office Special Operations Facility (Facility) to house the
Sheriffs Marine, Agriculture, K-9, Safety and Traffic Enforcement, and Aviation Bureaus.
A suitable site has been located in the north quadrant of the Airport as shown on the attached
sketch. The site contains 3.726 acres and can be leased at the 50% government discounted rate
of twelve cents (l2~) per square foot. This translates to $19,477.23 annually and $1,623.10
when paid in monthly installments. The rental rate will increase annually by an equation amount
similar to the Consumer Price Index.
The County is responsible for all costs associated with the Facility's design, permitting, site
.-.. development, construction, and modification. The cost of utilities and the site's on-going
maintenance are also the sole responsibility of the County. All improvements made by the
County and existing at the end of the Lease become the property of the Airport Authority.
The Lease term is thirty years. At the end of the Lease, the County will have the right of fIrst
refusal to lease the site and County made improvements from the Authority at the then current
rate the Authority charges for comparable property.
The Lease also contains a reservation giving the Authority, should it require the property for its
purposes to implement any phase of an existing or future Master Plan, the right to terminate the
Lease by providing the County with at least two (2) years written notice. Provided there is a
suitable alternative location on the Authority's property, the Authority will, at its expense,
construct a comparable facility on its property and relocate the Sheriff s operations to the new
facility. If a suitable location is not available, the Authority will then pay the County an amount
equal to the actual construction costs of the permanent improvements times the number of
months remaining on the then current Lease.
Construction of the Facility must commence within one year of the date of1he Lease. Facilities
Management has selected an architect and is expecting to begin construction within the next six
(6) months.
.-...
Agenda Item No. 16E6
May 25, 2004
Page 1 of 31
"',"',...." ~ .-..----..-
-.
EXECUTIVE SUMMARY
City of Naples Airport Authority Lease Agreement
Special Operations Facility
Page 2
The attached City of Naples Airport Authority Leasehold Agreement is similar in format and
content to like Leases the County presently has with the Airport Authority. The Agreement has
been reviewed and approved by the Sheriffs Office and for content and legal sufficiency by the
Office of the County Attorney.
FISCAL IMPACT: The annual rent of $19,477.23, to be paid in equal monthly installments of
$1,623.10. shall be withdrawn from the General Fund Account (001).
GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort.
RECOMMENDATION: That the Board of County Commissioners approve and authorize
Chairman Fiala to execute the attached City of Naples Airport Authority Leasehold Agreement
on behalf of the Board.
-,
Agenda Item No. 16E6
May 25, 2004
Page 2 of 31
".--
.- .-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16E6
Item Summary Recommendation to approve a City of Naples Airport Authority Lease
Agreement North Quadrant for the Sheriffs Office Special Operations Facility
site at a first year annual rent of $19,477.23.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Michael H. Dowling Property Management Specialist Date
Administrative Services Facilities Management 5/13/20045:11 PM
Approved By
Jack Crognale Principal Project Manager Date
Administrative Services Facilities Management 5/13/2004 4:04 PM
Approved By
Charles E. Carrington, Jr., SRI Real Estate Services Manager Date
WA
Administrative Services Facilities Management 5/13/20045:22 PM
Approved By
Skip Camp, C.F,M. Facilities Management Director Date
,~,"._~
Administrative Services Facilities Management 5/14/20041:14 PM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/18f20041:55 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/18/20044:16 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/18/2004 4:26 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20046:52 PM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19f2004 9:43 AM
-
Agenda Item No. 16E6
May 25, 2004
Page 3 of 31
.._,.,
-
CITY OF NAPLES AIRPORT AUTHORITY
LEASE AGREEMENT NORTH OUADRANT
COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA
(COLLIER COUNTY SHERIFF'S OFFICE)
I. USE OF LEASED PREMISES
2, LEASE TERM
3. RATES, FEES AND CHARGES
4. OPERATIONS
S, FLAMMABLE MATERIALS AND FIREARMS
- 6, SERVICE, UTILITIES, TAXES
7. CONDITION OF LEASED PREMISES
8. ALTERATIONS, ADDITIONS AND IMPROVEMENTS
9. REPAIR AND MAINTENANCE OF LEASED PREMISES
10. RULES AND REGULATIONS
] \. SIGNS
12. ASSIGNMENT AND SUBSEQUENT LEASEHOLD IMPROVEMENT
13. DISCHARGE OF LIENS
14. INDEMNIFICATION
IS. INSURANCE REQUIREMENTS
16. ACCESS TO LEASED PREMISES
17. SURRENDER-DAMAGES
18. DEFAULT-TERMINATION
,"-"
, n071.~ <412312004
1
-- . -.-. -""- --, ,---
- ------ ---~
19. DESTRUCTION OF LEASED PREMISES
20. AIRPORT DEVELOPMENT
2 \. A TIORNEY FEES
22. PRIVATE MAINTENANCE AND SERVICE
23. AUTHORIZATION
24. FLIGHT OPERA TlONS
25. AIRCRAFT HAZARDS
26. AIRPORT OPERA TlONS
27. OBSTRUCTIONS
28. CONDEMNATION
29. GOVERNING LAW
30. BINDING EFFECT
31, REMEDIES CUMULA TlVE-NO WAIVER
32. NOTICE TO PARTIES
33, ENTIRE AGREEMENT
34, DOMINANT AGREEMENTS
35. RADON DISCLOSURE
36, HEADINGS
EXHIBIT "A": LEGAL DESCRIPTION MAIN PARCEL
EXHIBIT "8": LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY
EXHIBIT "C": SKETCH OF "A" AND "8"
177071.5 412312ll~
2
~--
. ,'..... - ~
CITY OF NAPLES AIRPORT AUTHORITY
LEASE AGREEMENT NORTH QUADRANT
COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA
(COLLIER COUNTY SHERIFF'S OFFICE)
THlS LEASE AGREEMENT (the "Lease"), made as of the ...ll!.. day of JUNE, 2004, by and
between the CITY OF NAPLES AIRPORT AUTHORITY, a political subdivision of the State of Florida
(the" Authority"), as Landlord and COLLIER COUNTY, a political subdivision of the State of Florida,
as Lessee, (the "Tenant"):
.-
WITNESSETH THAT, for and in consideration of the covenants herein contained, Authority
does hereby lease to Tenant those certain "Leased Premises" within the Naples Municipal Airport, City of
Naples, Collier County, Florida, as more particularly described on Exhibit "A" and as illustrated on the
sketch attached hereto as Exhibit "C."
1. USE OF LEASED PREMISES
A. Tenant agrees that the Leased Premises shall be used only for: the construction, operation and
maintenance of an aircraft hangar and Sheriff's Office Special Operations Facility, in accordance with
plans to be provided by Tenant to the Authority; however, such uses must be consistent with the tenns
and conditions of this Lease. Subject to the Rules and Regulations of the Authority, Tenant is pennitted
non-exclusive use of all runways, taxiways, taxi lanes, roads, rights-of-way and driveways to and from
the leased premises. No other use or occupancy is authorized.
B. It is specifically understood and agreed that nothing herein contained shall be construed as
granting or authorizing the granting of any exclusive right to Tenant within the meaning of Section 308 of
the Federal Aviation Act. Further, nothing in this paragraph shall be construed to allow Tenant to
,_.
conduct: (I) any aeronautical activities other than those described above; or (2) any activities that violate
tnD7t.s 4/2312(11)4
3
-- -.---"
_.,,_~"'_._,"_w _.
~ ..:' -.'
- ,-- -
or depart from the provisions and intent of the Authority's Rules and Regulations (See Paragraph 10
herein).
C. Tenant further agrees that it will not use, nor permit the Leased Premises to be used, for any
unlawful purpose, or for any purpose that would unreasonably cause an increase in the rate of insurance
on the Leased Premises, nor for any purpose which would disturb other lessees or tenants of the Naples
Municipal Airport.
D. Tenant may construct, install, erect and maintain buildings or other permanent improvements
on the Leased Premises, but only in accordance with plans and specifications which have first been
approved in writing by the Authority at locations approved by the Authority, and in acc;ordance with rules
and regulations of the Federal Aviation Administration, the City of Naples Airport Authority, the City of
Naples Comprehensive Development Code Requirements, and other governmental agencies having
jurisdiction over the Leased Premises.
2. LEASE TERM
A. The Leased Premises are leased to Tenant for a term of thirty (30) years, which shall
commence upon execution on the date first above written and shall continue uninterrupted for thirty (30)
years thereafter, unless said term shall be sooner terminated as hereinafter provided. The Tenant shall
promptly proceed with the construction of the contemplated improvements. The deadline date for
commencing construction of improvements for this Lease will be twelve (12) months after the date that
the Authority executes this Lease, If Tenant fails to comply with this obligation, the Lease shall
terminate, and the Authority shall retain all funds paid to it by Tenant as liquidated damages. Prior to
commencing construction, the Tenant shall:
(I) deliver to the Authority, all drawings, plans and specifications for construction of the
improvements contemplated to be constructed at Tenant's cost for the Leased Premises. Within
fifteen (15) days of receipt of the drawings, plans, and specifications, the Authority may either
177011.5041231200<
4
--
- -~~_._- _.
notify the Tenant of its approval of said plans, or the Authority may reject proposed plans and
specifications with suggested revisions, and it shall be the Tenant's responsibility to prepare
revised plans and specifications, consistent with the Authority's recommendation. Tenant will
have the option to accept the revisions and resubmit revised plans to the Authority incorporating
the Authority's revisions, within thirty (30) days of Tenant's receipt of the Authority's suggested
revisions, or the Tenant may elect to cancel this Lease. In the event that revised plans are
resubmitted to the Authority, and the Authority rejects the revised plans, Tenant will have the
same options as stated above. Tenant will also obtain all appropriate plan approvals and permits
from the City of Naples If the Tenant is unable to obtain the required plan approvals and permits
"'..- from the City of Naples, the Tenant forfeits any down payments or lease payments already made
or accrued unless the Tenant was acting in good faith and failed to obtain the required plan
approval for reasons beyond its control. Time is of the essence regarding all matters described
herein.
(2) After final plan approval by the City of Naples and the Authority, the Tenant will actively and
continuously prosecute the construction of the improvements contemplated by this Lease.
At the end of the thirty year term the Tenant shall have a right of first refusal to lease the Leased
Premises from the Authority at the then existing rates, terms and conditions as the Authority shall
offer other Tenants for the usage of similar facilities, but in no event, shall be for a lesser rent
than that paid by Tenant at the expiration of the initial 30-year term. This right of first refusal
may not be assigned by Tenant unless (I) the written consent in advance of the Authority is
obtained, and (2) the assignment is made in conjunction with an authorized assignment of this
Lease made pursuant to the provisions of Paragraph I 2(A) below.
B. The Authority reserves the right to cancel and terminate all or portions of this Lease, upon
giving Tenant not less than six (6) months written notice, in the event such cancellation is deemed
necessary by Authority to implement any phase of any existing or future Master Plan adopted by I
,
,
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177071.50112312004
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Authority, provided, however, Authority agrees that beforc any such canccllation it may makc available
and offer to Tenant, for the balance of the Lease tenn remaining, upon thc same tenns and conditions as
set forth in this Lease, premises including structures and improvements, equal to or greater in size than
the area of the Leased Premises so tenninated, After the Authority gives Tcnant notice of its intent to
relocate Tenant pursuant to this provision, Authority shall elcct one of the following two options.
(I) In the event that Authority elects to relocate pursuant to this provision, the actual out-of-
pocket costs of moving Tenant's equipment and other property to the new location shall be borne
by Authority. If the replacement premises are not equal to or greater in size and quality than the
Leased Premises herein, no rights that Tenant has or may have to claim or rccover compensation
or damagcs from the Authority as a result of Tenant's relocation to the replacement premises for
the then remaining tenn of this Lease, are impaired or waived by this provision, and any such
rights survive the execution of this Lease. The existence of this non-waiver does not imply that
i
Tenant is entitled to present claims or recover compensation from the Authority, except for actual
out-of-pocket moving expenses,
(2) In the alternative, thc Authority will have the option to tenninatc this Lcase, in which case, as
its exclusive rcmedy, and in lieu of any other claims for costs, expenses and damages of any kind
related to the proposed relocation and Authority's election to tenninate, the Tenant shall receive a
payment from the Authority, equal to a figurc calculated as follows:
The amount paid by the Tenant for the actual construction costs of thc
pennanent improvements, constructed on the Leased Premises, shall be
multiplied by a fraction, thc numerator of which will be the number of
months then rcmaining on thc tcnn of this Lease, not including any
cxtcnsion or renewal thereof, and the denominator of which will bc threc
hundred sixty (360) months, the rcsulting figurc is the amount that thc
Authority will pay to Tenant. (Example, assuming S330,Ooo
construction cost and 10 years left on the lease upon tennination:
S330,000 x 120/360 = SIIO,OOO,OO).
Tenant hereby waivcs and releases any and all claims for costs, expenscs and damages against the
Authority, cxcept for this payment.
177071,5 412312004
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C. Upon expiration of the tenn of Lease herein provided, Tenant hereby waives any demand for
possession of the Leased Premises and any strUcture or improvement then situated thereon and agrees to
vacate the Leased Premises in a timely manner. Time is of the essence of this provision,
\
3. RATES. FEES AND CHARGE..s. ,
A. The current published lease rate for the Leased Premises is twenty-four cents ($0.24) per
square foot per annum, Fifty percent (50%) of the current published rental lease rate shall be provided by
Tenant to the Authority in the fonn of police protection, supervision and service; and emergency services
furnished from time to time on an as needed basis as detennined by the Authority. Tenant and Authority
- acknowledge and agree that the Tenant shall provide these valuable police and emergency services to the
Authority by placing and maintaining within the Naples Municipal Airport the Collier County Sheriff's
Office special Operations Facility and staffing it with trained officers of the Collier County Sheriff's
Office. The equipment and personnel donated and maintained on the Leased Premises is an integral part
of the consideration to be paid by Tenant under this Lease.
S, The actual rate to be paid by Tenant for the Leased Premises is twelve cents ($0,12) per
square foot ($0.12) per annum. Tenant hereby covenants and agrees to pay for the LeasedPremises. as
shown and described on Exhibits "A" and "B", the rate of twelve ($0.12) cents per sqUllI'l: foot per annum,
for a parcel ofland of 162,310.25 square feet, Exhibit" A" and Exhibit "B," The lease payment is to be
made in equal monthly installments of ONE THOUSAND FOUR HUNDRED EIGHTY-EIGHT AND
761100 DOLLARS ($1,488.76) for parcel "A" and ONE HUNDRED TIllRTY-FOUR AND 34/100
DOLLARS ($134.34) for parcel "B," plus applicable sales taX, all due in advance on the first day of every
calendar month during the tenn hereof.
C. In the event Tenant fails to deliver to the Authority the rentals, fees or services as required to
be paid under the provisions of this Lease so that they are n:ceived by the Authority by the 10th of the
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calendar month, the Authority reserves the right to commence any and all legal proceedings, including
default proceedings or eviction proceedings, in accordance with the laws of the State of Florida.
D. Tenant shall pay Authority interest on all amounts due the Authority under this Lease, at the
rate of 18.0% APR or at the highest rate of interest permitted by law in the State of Florida, whichever is
greater, provided however that this provision shall not be construed to create an obligation for Tenant to
pay a usurious rate of interest to Authority under any circumstances.
E. The inclusion of an obligation for Tenant to pay the Authority late charges and interest shall
not preclude the Authority from terminating this Lease Agreement for Tenant's non-payment of rent,
amounts due for fees, taxes, expenses or charges, or from enforcing any other provisions contained
herein.
F. The annual rental referred to above for the term of this Lease shall be in no event less than the
base rental, payable as said above, The parties, however, agree that such rental rates may be unilaterally
increased by the Authority on a fiscal year basis effective October I of each lease year, in accordance
with the Authority's rate adjustment program. This adjustment program is currently based upon changes
in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (puniuant to the Index
for U.S. City Average for Urban Consumers). It is expressly understood that any rent adjustment shall
not exceed the increase in the Consumer Price Index in that fiscal year.
4. OPERATIONS
A. In the use of the Leased Premises pUniuant to this Lease, Tenant shall conduct its operations
in an military and proper manner so as not to interfere with the rights and privileges of other users of the
Airport and shall be responsible for the conduct, demeanor and appearance of its deputies, employees and
invitees and of those doing business with it. Upon receipt of complaints about the conduct of its business,
Tenant agrees to cooperate immediately to address such complaints and correct any improper conduct.
177011,5412312004
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B. The responsibility for setting brakes, placing chocks, or otherwise securing any aircraft is
solely that of the Tenant. Authority is under no obligation to move Tenant's aircraft into or out of the
Leased Premises, If, at Tenant's request, Authority does so move said aircraft, Tenant shall assume all
risk of any and all damage or loss occasioned thereby.
5. FLAMMABLE MA TERlALS AND FIREARMS
Flammable or explosive liquids or materials shall not be allowed, kept or used on the Leased
Premises except that aircraft fuel may be stored within the integral fuel tanks installed in Tenant's aircraft
or other transportation related equipment, in which event any such substances shall be delivered in
amounts, and stored and used, as approved by Authority in accordance with the rules of the Florida
-
Inspection and Rating Bureau and all other applicable statutes, ordinances, rules and regulations in force
and effect during the term of this Lease. Outside fuel storage and refueling will be allowed if Tenant
holds a valid fuel permit issued by the Authority and complies with all applicable Rules and Regulations
of the Authority. Plans for construction of any improvements shall require prior written approval of the
Authority.
Weapons, firearms, stunguns, incendiaries and ammunition shall only be allowed, kept or stored
on the Leased Premises if stored, secured and maintained in accordance with current Collier County
Sheriff's Policy, Any explosives or explosive material shall be stored and secured in accordance with the
Bureau of Alcohol, Tobacco and Firearms' rules and regulations and all applicable provisions of the Code
of Federal Regulations.
The discharge, detonation or use of firearms or explosive materials on the Leased Premises,
except in emergency situations, is strictly prohibited. Violation of this provision shall be cause for
immediate termination of the Lease.
- ,n071,504123/2004
9
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6. SERVICE. UffiITIES. TAXES
A. Tenant shall pay for all utilities and taxes, if any, with respect to the Leased Premises or the
leasing thereof; including without limitation, all expenses for electric, water, sewer, special trash pick up,
refuse removal, telephone and other utilities. Tenant shall have the right at its expense to access the
water, stormwater management, electrical, and phone utility service facilities located adjacent to the
Leased Premises at the commencement of the term of this Agreement. Should Tenant's operations require
additional utility service facilities, Tenant shall, at its expense, extend such facilities to the Leased
Premises and pay the cost for all labor and materials involved. Authority's obligation under this provision
shall be limited to the utility facilities presently constructed as of the date of this Lease, and nothing
herein shall obligate Authority to provide any utility to Tenant that is not presently available to Authority
within the North Quadrant of the Naples Municipal Airport.
B. Tenant agrees to pay the cost of all utility services used by or on its behalf. In the event
Tenant fails to pay any utility bill when due, Authority may, at its option, pay the same and collect from
Tenant the amounts so disbursed, plus interest at the rate of 1.5% per month or fraction thereof. If Tenant
fails to pay Authority the cost of utility services plus interest within thirty (30) days of the payment
hereunder by the Authority, Tenant's failure to pay Authority shall be a default under the Lease. Time is
of the essence of this provision.
C. If at any time during which this Lease Agreement is in effect, the Leased Premises, leasehold
interest, or rental payments become subject to any federal, state or local property, sales, excise or other
tax, Tenant agrees to assume the payment of such taxes and, if applicable, to include such payments with
the rental payments required hereunder; provided, however, that Tenant shall in no circumstances be
obligated to pay any taxes based on the net income of Authority.
177071.5 41231~
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7. CONDITION OF LEASED PREMISES
A. Tenant intends to improve Leased Premises and accepts the vacant land in its present "as is"
condition and acknowledges that no representations as to the condition thereof have been made by
Authority prior to or at the execution of this Lease. Tenant will be responsible for any damage to or
contamination of the Leased Premises occurring during Lessee's tenancy whether or not due to the acts or
omissions of Tenant, its employees, successors or assigns, in violation of any State, Federal, or local law
or regulation or rule of the Authority, and will decontaminate the Leased Premises at its own expense if a
violation of Federal, State or local law is charged. Tenant shall either decontaminate or provide to the
Authority satisfactory evidence that said Leased Premises is not contaminated.
B. Authority shall not be liable for any damages or loss suffered by Tenant, or for injuries to
- persons or Leased Premises occasioned by (I) lapses in electrical service, (2) malfunctions, flooding,
overflowing, or leaking of ground or rainwater, sewer, or from electric wires.
C. Tenant shall have the right to conduct a Phase I Environmental Site Assessment and any
additional environmental site assessments (Audits) at its expense. If the Authority or Tenant deems the
Leased Premises in its present condition to be unacceptable for its intended use based upon the results of
the Audits, either the Authority or Tenant may terminate this Lease, if (I) Tenant or Authority does so
within forty-five 45 days of the execution date of this Lease and (2) if the Audit opines that hazardous
substances are or may be present at the Leased Premises. Tenant shall recover deposits and previous
lease payments made to the Authority under this Lease if the Audit opines that hazardous substances are
or may be present at the Lease Premises.
D. Notwithstanding the foregoing, Tenant, its deputies, employees, successors and assigns, will
not be responsible for any damage to or contamination of the Leased Premises in the event such damage
or contamination is due to or caused by the act of the Authority, or its employees, agents, successors or
assigns.
_. 177071.5 412312~
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8. AL TERA TIONS. ADDITIONS AND IMPROVEMENTS
A. Tenant shall be required, and hereby agrees, to construct at Tenant's expense a taxi lane
extending from the Leased Premises to existing Taxiway "BRAVO" prior to the completion of Tenant's
aircraft hangar and Sheriff's Office Special Operations Facility. The construction shall conform to the
minimum standards established by the Authority and applicable governmental rule, regulation or circular.
Tenant shall be responsible for all repairs and maintenance, and upon failure to do so, may be charged by
the Authority for such repairs and maintenance. The new taxi lane shall become the property of the
Authority upon its substantial completion.
B. Upon completion of the contemplated realignment of Patriot Way, Tenant agrees to lease the
additional land between the Leased Premises and the south edge of realigned Patriot Way, at the then
current rental rate (between the Tenant's existing northern boundary and the southern boundary of the
realigned Patriot Way) hereinafter referred to as the "Revised Demised Premises", as more particularly
described on Exhibit "B" and as illustrated on the sketch attached hereto as Exhibit "C."
C. Tenant shall not make any alterations, additions or improvements, or engage in any
construction on the Leased Premises, without the prior written consent of Authority. Tenant further agrees
that any alterations, additions and improvements made to the Leased Premises during the term of hereof,
will become the property of the Authority upon installation, shall not be removed, and shall remain on the
Leased Premises upon the expiration of the term hereof.
9. REPAIR AND MAINTENANCE OF LEASED PREMISES
A. Tenant shall keep and maintain the Leased Premises in good order and repair throughout the
term of this Lease, and shall make all necessary repairs thereto, including, without limitation, all
structural and non-structural repairs, including, without limitation, repairs to building interior, building
exterior, paving, site improvements, fixtures, facilities and equipment, and further shall replace all broken
glass with hurricane quality glass to then current building code. In the event Tenant fails to promptly
177071.5 4/2~
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undertake and satisfy the obligations described required hereunder, Authority in addition to the other
remedies provided herein, shall have the right to make such repairs, at Tenant's cost and expense and
recover same from Tenant plus interest and administration fee. If Tenant fails to pay Authority for the
cost of such repairs plus interest and fees, within thirty (30) days of the making of such repairs and
demanding payment for same, Tenant's failure to pay Authority shall be a default under this Lease. Time
is of the essence of this provision.
B. Tenant shall keep the Leased Premises and improvements in a clean and healthful condition
according to all applicable governmental statutes, rules, ordinances and regulations, the Authority's Rules
and Regulations, and any direction of duly authorized public officers during the term of this Lease, all at
-
Tenant's cost and expense. Upon the termination of this Lease or any renewals thereof, in any way,
Tenant shall vacate and return the Leased Premises to Authority peaceably, quietly and in good order and
condition, ordinary wear and tear excepted, and will deliver the keys to the Leased Premises to Authority
at its offices described herein.
10. RULES AND REGULATIONS
A. Tenant hereby agrees to comply with Authority's Rules and Regulations for the Naples
Municipal Airport (the "Rules and Regulations"), as amended or modified from time to time, on file in the
office of the Executive Director of the Naples Municipal Airport. These Rules and Regulations are
incorporated into this Lease and by reference made a part hereof. The Rules and Regulations may be
amended at any time hereafter by Authority, including landing fees, rates or charges, as may from time to
time be levied for Airport operations, privileges and or services provided at the Naples Municipal Airport
in accordance with the City of Naples Airport Authority Act (Enabling Act), in its sole and exclusive
discretion, or in accord with the directives of the Executive Director as he or she may be authorize.
Subsequent to any such amendment, the Authority shall duly notify the Tenant.
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B. Tenant hereby agrees to comply with Authority's Leasing Standards and Requirements for the
Naples Municipal Airport ("Standards and Requirements"), also on file in the offices of the Executive
Director of the Airport. These Standards and Requirements are incorporated into this Lease and are made
a part hereof. The Standards and Requirements may be amended from time to time by Authority in its ,
:
sole and exclusive discretion without Notice to Tenant. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
II. SIGNS
Tenant agrees that it will not allow any signs, cards or placards to be posted or placed on the
Leased Premises except small signs identifying Tenant and appropriate directional signs necessary and
appropriate for the use of the Leased Premises. All signs shall be approved by the Executive Director in
advance, and shall in any event be in conformance with ordinances of the City of Naples, Florida, and
shall not extend above or beyond the extension of the walls and ceilings of the leased premises. Upon
expiration of this Lease, Tenant shall remove all signs at the direction of Authority.
12. ASSIGNMENT & SUBSEOUENT LEASEHOLD IMPROVEMENT
A. This Lease may not be assigned by the Tenant. No portion of Leased Premises may be sublet
by the Tenant. This Lease is personal to Tenant and to no other entity.
B. Authority may assign, hypothecate, mortgage or pledge its interest in this Lease, and may
employ outside management services concerning it.
13. DISCHARGE OF LIENS ..
Tenant shall not cause or allow any construction, labor, mechanic's or materialman's lien to be
filed against the Leased Premises, the Authority or the Authority's real or personal property. In the event
of the filing of any lien, or any other charge whatsoever against the Leased Premises, the Authority or its
177071.5412312000C
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property, Tenant shall immediately notify the Authority and take all necessary action to secure the release
of the lien and shall provide, at Tenant's expense, all bonds, security or undertakings to accomplish the
release of the lien. In the event Tenant fails to secure the release of any the lien, the Authority shall have
the right, but not the duty or obligation, to take any action it deems appropriate to secure the release of
any such lien including paying the underlying obligation to the lienor. Tenant agrees to indemnify and
hold the Authority harmless from all liability, damages associated with this provision, expense and costs
(including reasonable attorney's fees), which shall be added to the rent due hereunder from Tenant to
Authority, which shall be paid by Tenant to the Authority upon demand. Time is of the essence
concerning this provision.
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14. INDEMNIFICATION
Tenant hereby covenants and agrees, to the fullest extent permitted by law, to defend, indemnify,
and hold the Authority and its Commissioners, officers, agents, and employees harmless from and against
any and all loss, damage, actions, lawsuits, claims, cost and expense (including attorneys' fees and costs)
which occurs in whole or in part as a result of any act or omission of the Tenant, including, but without
limitation for, personal injury, death, property damage, penalties, fines, economic loss, consequential
damages and the like, relating in any way to this Lease, or Tenant's occupancy or its use of the Leased
Premises. Tenant agrees that Tenant's aircraft, mobile units, automobiles and all other personal property
of Tenant or its deputies employees, servants, agents, guests or visitors shall be hang~d, stored, parked
and used on the Leased Premises or otherwise on the Airport, all at Tenant's exclusive risk of any and all
damage or loss.
15. INSURANCE REOUIREMENTS
Tenant agrees to secure and maintain in force at its expense, police, fire, extended coverage and
liability insurance coverage for the Leased Premises, its activities, use of the Leased Premises, for its
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117071.5 412312004
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operations at and use of the facility and any other part of the Airport, including its liability under the
indemnities herein. All structures will be insured against loss by fire plus extended coverages, for a
minimum of eighty percent (80%) of value, or for replacement cost. The liability insurance policy shall
have coverage limitations providing no less than S 1,000,000.00 per person and $1,000,000.00 per incident
and shall not be subject to cancellation or change except after fifteen (15) days prior written notice of
such cancellation or change to the Authority. The Authority maintains the right to reject a proposed
change, and in the event of cancellation, the Tenant is required to obtain satisfactory successor insurance
without lapse. All such insurance policies shall name Authority as an additional insured. Tenant shall
secure and deliver to Authority appropriate insurance certificates showing evidence of the coverage as
required hereunder. Said insurance policy or policies providing such coverage, as well as the insurers
providing same, shall be subject to the prior review and approval of Authority. The said insurance
policies shall contain a clause or endorsement by which the insurance carrier(s) waives all rights of
subrogation against Authority, except where the Authority or its Agents are guilty of a specific act of
negligence.
16. ACCESS TO LEASED PREMISES
Tenant agrees to allow Authority's Executive Director, or other duly authori:red representative or
agents of Authority access at all reasonable times to the Leased Premises for the purpose of examining or
inspecting same.
17. SURRENDER-DAMAGES
Tenant, at the termination of this Lease by lapse of time, or otherwise, will yield up immediate
possession of the Leased Premises to Authority.
17707l.S 412312~
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18. DEFAULT-TERMINATION
A. The following shall constitute an event of default on the part of Ten ant:
(1 ) Abandonment. Abandonment of the Leased Premises for a continuous period in
excess of sixty (60) business days so long as Tenant continues to pay rent as required. Tenant waives any
right to notice Tenant may have under the laws of the State of Florida;
(2) Nonpavment. Failure to pay any installment of rent or amount or expense, by the
date when payment is due; such failure having continued for thirty (30) business days after written
notification of such failure;
(3) Other Oblill.ations. Failure to perform any non-economic obligations, agreements or
- covenant under this Lease, such failure having continued for sixty (60) business days after written notice
of such failure or omission. Tenant shall have the right to extend this sixty (60) day period if, the failure
or omission cannot be eliminated within the sixty (60) day period and if, in the judgment of the Authority,
the Tenant actively and substantially commences to cure the failure or omission within the 60 day period
and continues to diligently and without interruption, address the failure or omission with the intention of
eliminating it.
(4) Bankruptcv. The filing of any voluntary petition in bankruptcy by Tenant, or the
filing of any involuntary petition by Tenant's creditors, which involuntary petition remains undischarged
for a period of thirty (30) days, subject to the following: in the event that under applicable law the trustee
in bankruptcy or Tenant has the right to affirm this Lease and continue to perform the obligations of
Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy
court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the
affirmance of this Lease and provide to Authority such adequate assurances as may be necessary to ensure
Authority of the continued performance of Tenant's obligations under this Lease. Further, Authority shall
receive a\1 the protections available to creditors under the United States Bankruptcy Code including, but I
,
not limited to, Section 365 thereof, as amended from time to time;
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17707\.5 ~2312~
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(5) Receivership. The appointment of a receiver to take possession of substantially all of
the Tenant's assets or the Leased Premises, if such receivership remains undissolved for a period of one
hundred eighty (180) business days after creation thereof;
(6) Attachment. The attachment, execution or other judicial seizure of the Lease or all or
a part of Tenant's assets located at the Leased Premises, if such attachment or other seizure remains
undismissed or undischarged for a period of ten (10) business days after the levy thereof;
(7) Insolvencv. The admission by Tenant in writing of its inability to pay its debts as
they become due, the filing by Tenant of a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or future statute, law or
regulation, the filing by Tenant of an answer admitting or failing timely to contest a material allegation of
a petition filed against Tenant in any such proceeding or, if within thirty (30) days after the
commencement of any proceeding against Tenant seeking any reorganization, or arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any present or future statute,
law or regulation, such proceeding shall not have been dismissed.
B. Remedies Upon Default.
(I) Termination. If an event of default occurs, Authority shall have the right, with or
without notice or demand, to immediately terminate this Lease, and recover possession of the Leased
Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the
same, by any lawful means, and again repossess and enjoy the Leased Premises without prejudice to any
of the remedies that Authority may have under this Lease, or at law or equity by reason of Tenant's
default or of such termination.
(2) Continuation After Default. Even though Tenant has breached this Lease and/or
abandoned the Leased Premises, at Authority's option, this Lease may continue in effect, and Authority
may enforce all of its rights and remedies under this Lease, including (but without limitation) the right to
recover Rent as it becomes due, and Authority, without terminating this Lease, may exercise all of the
177071.54/2312004
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rights and remedies of a landlord under the laws of the State of Florida. Acts of maintenance,
preservation or efforts to Lease the Leased Premises or the appointment of receiver upon application of
Authority to protect Authority's interest under this Lease shall not constitute an election to terminate
Tenant's right to possession.
(3) Damalres Uoon Termination. Should Authority terminate Tenant's right to
possession of the Leased Premises or to terminate this Lease, Authority shall have all the rights and
remedies of a landlord, in addition to governmental police power, all as provided by the laws of the State
of Florida. At its option, Authority may recover possession of the Leased Premises and rent it to another,
pay its expenses, and apply whatever net rent revenue is derived from this effort in reduction of the
- amounts due Authority from Tenant in rents. Such re-Ieasing activity will be at Authority's option and
Authority has no duty to pursue this option, but if Authority does, such activity will not waive or release
Tenant from its obligation to pay rent under this Lease. Upon termination of possession or this Lease, in
addition to any other rights and remedies to which Authority may be entitled under applicable law,
Authority shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid rent
and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of
the amount by which the unpaid rent which would have been earned after termination until the time of
award exceeds the amount of such rent loss that the Tenant proves could have been reasonably avoided;
and (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term
after the time of award exceeds the amount of such rent loss that the Tenant proves could be reasonably
avoided The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with
interest at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law. The
"worth at the time of award" of the amount referred to in (Hi) shall be computed by reference to
competent appraisal evidence of the formula prescribed by and using the lowest discount rate permitted
under applicable law.
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(4) Comoutation Of Rent For Purposes Of Default. For purposes of computing unpaid
rent which would have accrued and become payable under this Lease, all unpaid rent shall be accelerated
and shall immediately become due and payable.
19. DESTRUCTION OF LEASED PREMISES I
I
In the event that the Leased Premises or the improvements located thereon shall be destroyed in
whole or in part by fire, or other casualty, then the following will apply. If the Leased Premises is
partially destroyed and the damage does not exceed fifty percent (50%) of the value of the structure and
improvements, the premises will be rebuilt utilizing insurance proceeds and the rent wiII abate during the
period of reconstruction. If the damage exceeds fifty percent (50%), the Tenant will have the option to
rebuild an equivalent structure using the insurance proceeds to pay for the reconstruction cost, or Tenant
will have the option to terminate this Lease in which case Authority will retain the insurance proceeds as
liquidated damages.
20. AIRPORT DEVELOPMENT
Tenant agrees that Authority may develop or improve the landing and other areas of the Airport
as it sees fit, regardless of the desires or view of the Tenant, and without interference or hindrance from
Tenant.
21. ATTORNEY FEES
Prevailing party shall recover the attorney's fees and costs incurred to enforce any provision of
this Lease, including all costs of collection. Attorney's costs and expenses recoverable shall include all
out of pocket expenses and shall not be limited by the Florida Statewide Uniform Guidelines for Taxation
of Costs in Civil Actions.
17707' 5 412312004
20
,"'-,
- . -+-"--
22. PRIVATE MAINTENANCE AND SERVICE
It is specifically understood and agreed that nothing herein contained shaU be construed as
prohibiting Tenant from performing any services on its own aircraft with its own employees, or with an
approved product service center (including, but not limited to legally permissible maintooance and repair)
that it may choose to perform.
23. AUTHORIZATION
Each person executing this Lease warrants and covenants that this Lease and the execution of it
has been duly authorized and approved by its respective governing Board.
",-
24. FLIGHT OPERA nONS
Tenant acknowledges and agrees that the Authority reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the Leased Premises, together with the right to cause in the airspace such noise as
may be inherent in the operation of aircraft, now known or hereafter used, for navigatlon of or flight in
said airspace, and for use of said airspace for landing on, taking ofT from or operating on the Airport.
Tenant's use and enjoyment of the Leased Premises is subject to noise and operations.
25. AIRCRAFT HAZARDS
Tenant acknowledges and agrees that the Authority reserves the right to take any action it
considers necessary to protect the aerial approaches of the Airport against obstruction, together with the
right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on or
adjacent to the Airport which, in the opinion of the Authority, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
,- 177071. 5 ~2312004
21
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. ..~ -. .- ~. .
-.-..----- --
26. AIRPORT OPERATIONS
Tenant agrees to refrain from any act or omission which would interfere with or adversely affect
the operation or maintenance of the Airport, or otherwise constitute an airport hazard.
27. OBSTRUCTIONS
Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures,
objects of natural growth and other obstructions on the leased premises to such height as to comply with
Federal Aviation Regulations, Part 77.
28. CONDEMNATION
A. If, at any time during the term of this Lease, the leasehold of the Authority under the Master
Lease from the City of Naples shall terminate or the whole or substantially all of the Leased Premises
shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate
and expire on the date of such taking and the fixed rental and other charges payable hereunder shall be
apportioned and paid to the date of such taking. For purposes of this paragraph, "substantially all of the
Premises" shall be deemed to have been taken if the untaken portion of property cannot be practically and
economically used or converted for use by Tenant for the purpose permitted by this Lease.
B. Nothing herein shall waive any right that Authority or Tenant may have concerning any rights
to be compensated for the appropriation or taking of property or rights by condemnation.
29. GOVERNING LAW
This Agreement shall be governed by and interpreted according to the laws of the State of
Florida. Any litigation involving this Lease or the use and occupancy of the Leased Premises shall be
171071.54/2312004
22
.-
.. .
- .
filed and litigated in Collier County, Florida, in a non-jury proceeding. Tenant hereby waives and
releases any right it has or may have to a trial by jury of any issue.
30. BINDING EFFECT
This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their
successors. This reference does not authorize an assignment or subletting by Tenant.
31. REMEDIES CUMULATIVE-NO WAIVER
A. The rights and remedies granted to Authority hereunder shall be deemed to be cumulative and
,,- non-exclusive. The failure by Authority at any time to assert any such right or remedy shall not be
deemed to be a waiver, and shall not preclude the entitlement to or the assertion of such right or remedy at
a later date.
B. The Authority may, at its exclusive option, accept partial or late payments from Tenant,
without waiving any rights concerning collection of the full amount due, and without waiving the
Tenant's default for non-payment. Authority may simultaneously accept partial payments due hereunder
and still proceed to dispossess Tenant and/or terminate this Lease or it.s right to ~cupy the Leased
Premises. Nothing in this provision shall excuse Tenant from making timely payments when they are
due.
32. NOTICE TO PARTIES
It is understood and agreed between the parties hereto that written notice, mailed by certified
mail, return receipt requested, or hand delivered to Authority or Tenant shall constitute proper and
sufficient notice if sent to Authority addressed to:
Executive Director,
City of Naples Airport Authority,
160 Aviation Drive North,
Naples, Florida 34104,
-
177071.5 4123120~
23
.'_'O'"_",,_u,,, _._--""~....,,. . ._'.._N
. .
and if sent to Tenant, addressed to:
Collier County
Real Estate Services Dept.,
330 I East Tamiami Trail,
Naples, FL 34112,
or at such other address as either party may designate to the other by notice in writing.
33. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto, supersedes any and
all prior written or oral agreements or understandings, and may be modified only by a writing executed by
the parties hereto.
34. DOMINANT AGREEMENTS
The parties hereto expressly understand that this Lease is subordinate and subject to the Airport
Rules and Regulations, any and all lending, bonding, certificate of participation, master lease and
agreements between Authority and the Federal Aviation Administration, or between Authority and the
State of Florida, or between Authority and City of Naples whether presently existing or hereinafter
created. During the time of war or national emergency, Authority shall have the right to lease the landing
area or any part thereof to the United States Government for military, naval or similar use, and, if such
lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of
the lease to the Government, shall be suspended. Any executed lease, including this one, shall be
subordinate to the provisions of any existing or future agreements between Authority and the United
States, relative to the operation or maintenance of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of Federal funds for the development of the Airport.
17707 I. 5 412312~
24
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.' '- '-.n'." -.. ..~ .
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I
35. RADON DISCLOSURE
Radon is naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health unit.
36. HEADINGS
The section headings are included for reference purposes only, and shall not be employed to
interpret or to construe this agreement.
,.- IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their appropriate
officials, as of the day and year first above written.
CITY OF NAPLES AIRPORT
AUTHORITY. a political subdivision
SEAL of the State of Florida
ATrEST:
By: Alice J. Carlson
by: Chairman
Theodore D. Soliday
Executive Director
SEAL
A TrEST: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk DONNA FIALA
Chairman
... F. Jose McMackin III ~~
Cou to the AuthOrity~~
Thomas C. Palmer
Assistant County Attorney
-
177071.UI2~
25
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EXHIBIT "A"
LEGAL DESCRIPTION MAIN PARCEL
DESCRIPTION PARCEL A:
A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 49
SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'34'26"
EAST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF
SECTION 35, A DISTANCE OF 1707.15 FEET: THENCE RUN
SOUTH 00'25'34" EAST, A DISTANCE OF 514.34 FEET .TO THE
POIN T OF BEGINNING; THENCE RUN SOU TH 45"09"6" EAST, A
DISTANCE OF 38.2' FEET; THENCE RUN SOUTH 75"' 3'i'"
EAST, A DISTANCE OF 237.15 FEET; THENCE RUN SOUTH
44'34'47" WEST, A DISTANCE OF 592.69 FEET; THENCE RUN
E NORTH 45'25'43" WEST, A DISTANCE OF 404.37 FEET:
it THENCE RUN NORTH 44'20'50" EAST, A DISTANCE OF 130.02
....
I FEET: THENCE RUN SOUTH 45'24'48" EAST, A DISTANCE OF
~ 160.90 FEET: THENCE RUN NORTH 44"34'47" EAST, A
.; DISTANCE OF 345.07 FEET TO THE SAID POINT OF BEGINNING.
0
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:l CONTAINING 148,875.95 SQUARE FEET OR 3.418 ACRES OF
! LAND, MORE OR LESS.
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IDJIIISDD 2J30 STANfORO COURT DESCRlPTION
NAPLES. F1.ORIOA J4112 NAPLES AIRPORT AUTHORITY
PHONE (2J9) 4J4-0JJJ .
ENGINEERING fAX (2J9) 4.l4-9J20 OATE IPA~CT 1"0. lru:~. ISCALE IS/'lEEf
E.B. 1642 01< LB. 1642 0312004 200J4261 J5-49-25 N/A , Of 1
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EXHIBIT "B"
LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY
DESCRIPTION PARCEL B:
A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25
- EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'34'25"
EAST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF
SECTION 35, A DISTANCE OF 1707.15 FEET; THENCE RUN
SOUTH 00'25'34" EAST, A DISTANCE OF 514.34 FEET TO THE
POINT OF BEGINNING; THENCE RUN NORTH 44'34'47" EAST, A
DISTANCE OF 15.00 FEET; THENCE CONTINUE NORTH 44'34'47"
EAST, A DISTANCE OF 19.6'3 FEET; THENCE RUN SOUTH
75'15'22" EAST, A DISTANCE OF 281.29 FEET; THENCE RUN
E SOUTH 44'34'47" WEST, A DISTANCE OF 55.89 FEET; THENCE
:. RUN NORTH 75'13'11" WEST, A DISTANCE OF 237.15 FEET;
on
~ THENCE RUN NORTH 45'09'15" WEST, A DISTANCE OF 38.21
I
~ FEET TO THE .SAID POINT OF BEGINNING.
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0 CONTAINING 13,434.3 SQUARE FEET OR 0.308 ACRES OF
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NAPlES. Fl..ORIOA 3411 2 NAPLES AIRPORT AUTHORlTY
PHONE (233) '3'-0333
ENGINEERING FAX (239) 434-9320 QATt IPRO..E:CT NO. 1Fl...E...o, ISGAlL ISHEOT
E.S. 16<2 & 1..8. 1642 OS/Z004 2003425' 3~4'_" N/. I OF ,
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SKETCH OF "A" AND "B"
POINT OF COMMENCEMENT
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NAPLES. FLORtOA J.,12 NAPLES AIRPORT AtITHORITY
PHONE: (2~9) ~4-0~JJ
ENGINEERING FAX (2J9) ~4-9J20 CAT[
E.8. 1642 do 1..8. 1642 0~/2004 ....... .
-.
.-
EXECUTIVE SUMMARY
Report and ratify Property, Casualty, Workers' Compensation and Subrogation
Claims settled by the Risk Management Director pursuant to Resolution # 2004-15.
OBJECTIVE: To report and receive ratification from the Board of Commissioners of
Property, Casualty, Workers' Compensation and Subrogation claims settled under the
authority of the Risk Management Director during the period January 1, 2004 through
March 31,2004 pursuant to Resolution # 2004-15.
CONSIDERATIONS: On January 13, 2004, Resolution 2004-15 granted limited authority
to the Risk Management Director to settle certain claims against Collier County and to
authorize the payment of investigation and adjustment expenses as presented to the
Collier County Risk Management Program.
The Resolution grants settlement authority as follows:
Claim Type Delegated Authority
Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000
Operations
~ Non-litigated claims less than $75,000.
Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high
Premises. Auto, Operations valued vehicles and the potential for multiple
vehicle accidents.)
Errors, Omissions, Professional Liability, Non-litigated claims less than $50,000
Employment Practices Liability
Property Losses to County Owned Full authority
Property
Full authority subject to the provisions of F.S.
Workers' Compensation 440 and subject to approval by the Judge of
Compensation
Employer's Liability Non-litigated claims less than $50,000
Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation
Damage recoveries.
Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation
recoveries.
Loss verification procedures, including the completion of claim forms; documentation of
evidence; valuation; a finding of liability where applicable; and review and approval by the
Risk Management Director have been completed for all claims. Enclosed is the
Settlement Report compiling the detail of those claims settled during the quarter.
~
FISCAL IMPACT: There is no fiscal impact resulting from this action.
Agenda Item No. 16E7
May 25, 2004
Page 1 of 8
--.-..,. _ _..".,..,_......_"..~.,;._.~IO',,,'~,.,,__...~"..."al"." . '.
,_ ."." ~.". ,~....,.d.'..W.,.;..._",...., ~'..._..,.".,..""
GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting
from this action,
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Settlement Report and ratifies the actions taken therein.
.,........~
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Agenda Item No, 16E7
May 25, 2004
Page 2 of 8
._",."..,._"_.,.-._"",-;"..~^.-,,. ".,"'r"'_'_,'#"_"';,_';"""_""_~'''''''''''''''
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16E7
Item Summary Report and ratify Property, Casualty, Workers' Compensation and Subrogation
Claims settled by the Risk Management Director pursuant to Resolution # 2004-
15.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Sheree Mediavilla Risk Manager
Administrative Services Risk Management
Approved By
Jeffrey A. Walker, CPCO, ARM Risk Management Director Date
Administrative Services Risk Management 5/12/200411:48 AM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 5/18/20041:51 PM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/1812004 4:46 PM
.-
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Managernent & Budget 5118/20044:46 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Managernent & Budget 5/18/20046:49 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/20049:40 AM
.~
Agenda Item No. 16E7
May 25, 2004
Page 3 of 8
~_.. ~",'-- -.-....--... -+------
h 3-3 1.()4
eo.,
ClaImant Name Close Date Division Name Center De rtmen! o..:rt Uon 0' Acddent Total P.ld
Gonzales. Jorge L "512004 Public:: SeNices '_'0 EMS Was scratched by a patient employee was attending. $ 97.35
O'Sullivan, Stephen \I 1/512004 Court Administration 410110 OTHERGEN AOMIN Struck by a metal hand truck.. $ 393.13
Sha~. Dolores A 11512004 Cieri< of Coun 321910 RECORDING Spilled hot coN" grounds on her arm. $ 373.93
Valc::lez, Elida 1/512004 Transportation 1636JO TRAFFIC OPERATIONS Fell as she stepped off the edge ot a doorway ramp. $ 349.13
MenolCino. Carol J 11612004 Development Services 138931 ADORESS I RECORDS StnJck by a door opened by a eo.wor1<;er. $ 217.02
Summers, Nancy C 1n/2004 Transportation 163620 TRANSP MAINT RIB St:nJck by a ratchet when releasing the tie down on a lawn mower. $ 682.02
P ratl, Greg N '1812004 County Manager 182901 ROW BEAUT FIELO Strained back while removing a sprayer from the vehicle $ 31199
Long. Mary K 1/13/2004 Public:: Services '56310 PARKS I REC ADMIN Tripped over a person resulting In injury to ankle. $ 48574
Z~r. Kurt 0 111512004 Public:: Services 1554 10 OOMESTIC ANIMAL SERV Exposure from handling an anima.l that has ringworm. $ 182.93
Fernanc:lez. Mario 112112004 Transportation 163620 TRANS? MAINT RIB Reported back pain after using a Jet vac. $ 1,250 85
Gonzalez, Benito A 1/22/2004 Transportation 1636JO TRAFFIC OPERATIONS Allergic react~n after touching eye with glove. $ 163.53
Favioer, Isabelle F 1129/2004 Public: Service! 1_10 EMS Lost balance in ambulance, twisted ankle $ 287.96
Od"lema, Mary E 2/2/2004 Property Appraiser 51010 PROPERTY APPRAISER Slipped and fell on a tUe floor. $ 325.70
Sanct1ez, Aristides H 21312004 Public: Servion 156363 BEACH & WATER PK Of' Rototitlef rolled onto efTlJloyee's foot. $ 75O.9S
Koc:ses, Karen A 21412004 Publlc Se....ioes 156175 NORTH REGIONAL LIB Pinched middle finger in tl"1e roner of a d,- cut machine. S 90.00
Kain, ~aribel 2/512004 Public Servicu 155410 OOMESTIC ANIMAL SERV Bitten by . cat while putting food in I cage. S 438.80
Forsster, Bernice M 211112004 Public Se....icea 1_10 EMS Squatting down to lift a palient and fell: a pullin her back. S 512.16
Phillips, Sharon J 211112004 Development Services 138329 PLAN ADMIN Slipped and fell on grease on floor of empkJyee lounge. S 10.00
Mendoza. Jose 2/1812004 County Manager 18290 1 ROW BEAUT FIELD Bitten by an insect. $ 269.20
Homich, Debora 2/23/2004 Publk: Service.s 1554 1 0 OOMESTIC ANIMAL SERV Bitten trying to separate two dogs 11"1at were figl"1ting. S 59455
BliInco, Lazaro J 2-'2512004 Transportation 163628 AOUATIC PLANT CONTROl Electrical shock when power lines were struck performing weft( with back hoe. S 132.70
Herrera, Martin 2l2612OO4 Public Service.s 156332 PARKS & OTHER PROP Twisted his ankle while getting down from a tractor. S 38780
Bennett, Nicole 2/2712004 Public SeMcos 1_'0 EMS Strained lower back lifting patient S 27.728.53
Butcher, Brandy J 2/27/2004 Public Services 144610 EMS Injured back bending over 10 pick up equipment. S 3.52568
Ouesterhoett, Anthony 2/27/2004 Administrative Services 122410 FLEET MGMT ADMIN Pain in foot after plJsl"1ing a disabled riding lawn mower. S 604.72
Morgan, Bruce 0 2127/2004 Public: Utilities 233351 COLLECTION Felt pop in left knee while climbing down from road grader. S 16.30949
Aeategui, Astolfo 2127/2004 Public Services 156332 PARKS I OTHER PROP Caught his finger between a storm drain and cover. $ 479.24
Calns, Craig L 311/2004 Public Utilities 253212 DISTRIBUTION Bitten by an insect wl"1lle wooong on a meter. $ 30920
Hixson, Kerri E 31212004 Court Administration 431310 PAROlE I PROBATION Struck k.nee against the witness stand in 8 court room. S 37503
Hoard, Andrew N 312/2004 County Manager 144360 ISLE OF CAPRI FIRE S1epped on ,J hose coup6ng as l"1e exited the ftre truck.. $ 1.472.16
Ta.ylor, Lisa L 3/512004 Transportation 163610 TRANS OPERATIONS Fell on wet tile. $ 30428
Crato, Cl"1ristine P 3/8/2004 Public Services 1_'0 EMS Needle stk:k while anendlng a palient. $ 130.54
Costanzo, Michael J 3/12/2004 Public Utilities 253221 WATER TREAT VANDERB Struck in the face by the hand grinder he was operating. $ 624.35
Price, James R 3/1212004 Administrative Services 122255 COUNTY SECURITY Struck from behind by an automobile while operating golf cart $ 288.11
Agenda Item No. 16E7
May 25,2004
Page 4 of 8
."'~
Keshock., Sharon B 3/1812004 Pubic 5ervicea 15&100 LIBRARY ADMIN Shoulder pain. RepeUtlve ltfting and moving ot flbrary materials. S 3.82&.61
Wilcox, Clarence G 3123/2004 Transponallon 163620 TRANSP MAINT R&B Experienced low back pain whi~ finishing concrete. S 611.07
Posada, Jessie l 3/2412004 Pubic Services 156334 P ARKS'MSTD Loading truck, ten hun beck/neck. S 45.257.76
Atvarado. Miguel 312612004 Transpona1lon 172930 AQUA TIC PLANT CNT Jumped trom truck and injured knee. S 73.190.19
Macyke. Ado~o D 3'2612004 Public Services 144810 EMS Injured shoulder during a boat rescue in rough water. S , 4.286.64
Behrens.KUngerman, L 3'29/2004 Public Se",ices 144810 EMS T~ped over weights left on noor and In,..red knee, S 61,372.26
lazo, Jorge L 312912004 Transponallon 163620 TRANSP MAINT R&B Felt pain after removing a metal plipe from a truck. S 2,451.04
Merchant, Robert E 3/29/2004 Transportation 163620 TRANSP MAINT R&B Walldng backwards with guardrail and fell. S 6.674.91
Petrum. Patti L 3/29/2004 Development Services 13691 I COOE ENFORCE ADMIN Slipped on gravel in construction area. S 10.169.83
Stoner, Charles 3.'29/2004 Collier County Sheriff 106010 CCSO Aestraining escaping prisoner / right knee injury. S 42,000.21
Workers' Compensation Paid Total $ 320,319,56
,_.
Agenda Item No. 16E7
May 25. 2004
Page 5 of 8
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._.~. ~.-..,,"-- ,--_..._...,_.
h March 31, 2004
Cost
ClJilment Name Close DlI1e Claim T Dtvllllon NIlme Cent... .rtment Oeserl tlon ot Accident
Fails. Verinetha 11512004 GEN LIAS Public 5ervtces 156334 PARKSlMSTO Sliding glass door struck by rock from county lawnmower. $
Paluchanics, John 11512004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant's vehicle damaged by rock thrown from lawn mower. $
Dowdal, George 11&12004 GEN LIAS Public Utilities 253212 OISTRIBUTION Oaimant alleges county turned on water that caused leak and damage. $
Collier County 1m2004 AUTO PHYS Public UtIlities 233351 COLLECTION County yehicle struck a deer In the road. $
Collier County 11812004 AUTO PHYS Admin Services 122240 MAINT SERVICES Unknown how damage happened. Found on 9/18. $
Collier County 111212004 AUTO PHYS Public Services 155410 DOMESTIC ANIMAL SERVICES County vehide1Urned left in front of claImant's ....hicle. $
Potter t Robert A 1/1212004 GEN L1AB Public Services 156363 BEACH & WATER PK OPS Claimant struck boat propellar against np of boat ramp. Alleges ftawed design. $ 2.455.53
Salguero, Emilio 111212004 AUTO LIAB Public Services 144610 EMS On call emergency ambulance stnJd<. claimant's vehicle at intersection. $
Gonser, George 111612004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Claimant thrown from bicycle when htt deep depreSSKJn In sidewalk. $ 8.500.00
Posada, Ana 1/1&12004 PROF L1AB Public Services 156334 PARKSlMSTD Alleges wrongful termination $
H B Holdings of SW FL 112012004 GEN L1AB Public Utilities 253212 DISTRIBUTION Employee cut street lighting wires. $ 3.321.00
Battis, Thomas J 21312004 AUTO LIAB Public Services 144610 EMS Ambulance was backing up when it stnJck a decoratrve vase. $ 169.60
Ourrenberger. Nancy 213/2004 AUTO LIAB Public UtiUties 210151 UTILITIES BILLING County vehide ran into rear 01 claimant's vehicle. $ 1,453.63
Nyce. Paul 211712004 GEN LIAS pubrlC UtlI"ios 233351 COLLECTION Homeowner aleges county broke sewer line and caused back-up. $
Sprint 2/20/2004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant alleges county cut phone lines and business revenue was lost. $
Ricketts Enterprises 2123/2004 ERR'QMSN Public UtIlities 173410 SOLID WASTE ADMIN All&ges racial discrimination for issuance 01 citations for ordinance violations. $ 24.582. n
Garrison, Gary 3/112004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant vehicle $tI\Jck pothole. Alleges year since Last maintenance. $ 225.00
Fuller, Greg 313/2004 AUTO L1AB Public Services 144610 EMS E~S struck carport. $ 882.38
Colier County 3/412004 AUTO PHYS Public UtIltties 233351 COLLECTION Pic:k-up truck rolled over and caugnt on fire. $ 24,116.77
Oorcely, Josue 3/412004 AUTO LIAB Public Utilities 253212 DISTRIBUTION County vehicle backed inta moving claimant vehicle in convenience store parking lot $ 34.111
Coiner County 3/&12004 PROPERTY Public Services 155410 DOMESTIC ANIMAL SERVICES Tornaoo damage to buUding. $ 237.60
Bishop, Matthew 3/15/2004 PROF L1AB Public Services 1554 10 DOMESTIC ANIMAL SERVICES Employee alleges he was improperly fired. $
CoI~er County 3/1612004 PROPERTY Admin Services 121152 IT ADMINISTRATION Emp{oYH stole computer equipment. $ 2.412.00
Paquette, Artnur 3/1712004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Trailer tire punctured by hc>>e in road S 107.01
Shelton, Marjorie 3/1712004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Pipe installed 15-20 years ago under driveway collapsed. S 6.250.00
Williams, Helen L 3/1712004 AUTO LIAS Transportation 163620 TRANSP MAINT R & B Cargo fell onto road and claimant venlcle ran into tt $ 162.08
ColRer County 312212004 PROPERTY Admin Services 122410 FLEET MGMT ADMIN Ugntning strIke at or near fuel sheet. $ 6.637.35
Peeples, Beny Louise 312412004 AUTO LIAB BCe 100010 BCC OFFICE County vehide rolled backwards into claimant vehide. S 1.972.50
Bendetta. Jeff 3/2&12004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant vehicle damaged from rock thrown from lawn mower. S 411.39
Francisco, Tapia 3/2&12004 AUTO LIA8 Public Services 144610 EMS County vehicle rear ended claimant vehicle pushing it into 3rd vehicle. S 2.531.78
Mefford. Gordon 312612004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Claimant vehicle damaged due to road condition. S 289.62
Total S 89.437.38
Agenda Item No. 16E7
May 25, 2004
Page 6 of 8
-
AS OF 516104
Subrog8tlon CI81ms Settled 1/1104 through 3/31104
Insured's Name Location of Incident Services Performed
10/25/2003 L Estrada East Main Street Repaired Stop Sign $130.50
11/3/2003 J. White Immokalee Road Repaired Traffic Sign $110.17
11/24/2003 A.Hadden Davis Blvd. Repaired Truck Window and Trailer $1,204.24
11/30/2003 D. Davis US41 Replaced Damaged Sign Post $266.89
11/12/2003 N. Ellington Airport.Pulling & Hibiscus Repaired Sign $69.92
11/16/2003 Y. DeLeon Golden Gate Parkway Repaired Sign $0.00
12/21/2003 Penske Lease SR29 Repaired Pedestrian Signal $985.72
- 11/22/2003 C. Archambault Domestic Ave. Repaired Sign $69.92
11/26/2003 W. Hennessey Rattlesnake Hammock Repaired Sign $104.42
12/14/2003 L. Miller Immokalee Road Repaired Street Light $992.97
12/23/2003 N. Murray Manatee Road Repaired Speed Limit Sign $77.05
1/4/2004 C. Perez Bayshore Drive Repaired Light Pole $2,035.20
2/12/2004 S.Smlth 16th Avenue S.w. Repaired Sign $81.65
1/30/2004 K. Sweat CR 31 & Orange Blossom Repaired Sign & Street Light $4,491.31
1/30/2004 J. Orneus Airport Road Repaired Street Light $5,398.68
12/1/2003 Lorenzo Diaz 25th St. & GG Blvd. Windshield & Bumper Damage $1,8n.05
1/6/2004 W. Floyd 9th Street N. Repaired Fender Damage $1,416.15
12/11/2003 R. Koert Progress & Commercial Repaired Vehicle $273.73
1/21/2004 EMS 15th Street Repaired Vehicle $1,119.95
12/812003 Owen-Ames Lift Station Install a Transformer $6,318.00
12/17/2002 Gorman Co. Radio & Industrial Cleaned Up Acid Spill $118.05 Agenda Item No. 16E7
May 25, 2004
Page 7 of 8
,-
"."- . -.. -",,_no
Insured's Name location of Incident Services Performed
12/10100 Ole Mex Foods Golden Gate Parkway Replaced Tree $4,360.56
12/11/2002 FPl Repaired Underground Cable $2,157.10
8/20/2003 J. Alvarez U.S. 41 Repaired Guardrail $1 ,498.35
6/24/2003 American Dream Builders 3451 - 54th Ave NE Remove Drive Without Culvert Pipe $325.80
6/18/2003 United Rentals Airport & long Boat Road Repair & Oil Clean-up $118.05
7/15/2003 Schwab Concrete Immokalee Road Clean-up of Oil leak $68t .80
7/4/2003 F. Chavez Radio Road (CR8SS) Repaired Streetlight $3,001.49
8/16/2003 D. Rivero U.S.41 Repaired Guardrail $255.37
9/19/2003 M. Connolly Gulfpark Drive Replaced light Pole $13,905.24
6/13/2003 R. Stack Polly Ave. & Rattlesnake Repaired Valve $490.00
8/21/2003 American Boring 800 Tallow Tree Ct. Repaired Gravity Sewer Main $12,355.93
$73.362.45
Agenda Item No. 16E7
May 25, 2004
Page 8 of 8
,....-.....
EXECUTIVE SUMMARY
Request the Board of County Commissioners approve an Emergency/Disaster
Relief Marketing Budget plan for advertising and web site information up to
$300,000
OBJECTIVE: To establish EmergencylDisaster Relief funding to be implemented, if needed, to
increase visitation to Collier County after an emergency, disaster or serous slowdown in tourism,
CONSIDERATIONS: With the beginning of hurricane season, the threat of disasters affecting
the tourism industry is top of mind. On April 19, 2004, The Tourist Development Council
(roC) voted unanimously to recommend approval for an Emergency Advertising Program to
boost tourism visitation to Collier County in the event of an emergency or disaster situation such
as hurricane, wild fires or military action. The County has had such a plan in place last fiscal
year and in order to be prepared, staff has directed Paradise Advertising to develop such a plan,
Implementation of the plan will be only after careful consideration of the extent of the disaster,
market conditions and consumer confidence. The County Manager will then authorize the
release of funds from the Tourism Disaster Recovery Fund # 196. This fund is only used for
Disaster Recovery and does not affect current advertising and promotion from the Tourism
_. Operating Fund 194.
FISCAL IMP ACT: The $300,000 is available in Fund 196.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the adoption of an
EmergencylDisaster Relief-Advertising Plan of up to $300,000 with Paradise Advertising and
funds dispersed only after careful consideration by staff and approval of the County Manager.
.--.
Agenda Item No. 16F1
May 25, 2004
~.,,'----" ".,..,." ~,., ,".t,..,.....'. .".."'#"~....""N.,','.'>,,,,.~,< -- " ,'.~." ~.,,-"'_._-
COLLIER COUNTY
.~ BOARD OF COUNTY COMMISSIONERS
Item Number 16F1
Item Summary Request the Board of County Commissioners approve an Emergency/Disaster
Relief Marketing Budget plan for advertising and web site information up to
$300,000
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Gail Hambright Administrative Assistant
County Manager's Office Toursim Development Council
Approved By
Jack Wert Tourism Director Date
County Manager's Office Toursim Development Council 5/141200412:46 PM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/14/20042:13 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/2004 11 :22 AM
,"""..,
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 11 :48 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 5/18/20045:58 PM
-
Agenda Item No. 16F1
May 25, 2004
" '.-.~". ~._- .-._--"...""",......".'."~_._.~"--~ _."".~._.,"-
-'~-
EMERGENCY MARKETING PLAN
2004 - 2005
For
COLLIER COUNTY
NAPLESIMARCO ISLAND/EVERGLADES
PREPARED BY
PARADISE ADVERTISING & MARKETING, INC.
APRIL 2004
Agenda Item No. 16F1
May 25, 2004
-
Goal
To minimize or eliminate the potential of lost room night revenues that may result
from a crisis such as a hurricane, fires, and terrorism.
Obiectives
. To make prospective visitors feel comfortable with their decision to visit the
Naples/Marco IslandlEverglades area.
. Secondary, benefit of this campaign would be to increase name and brand
awareness to potential visitors.
Situation Analvsis
.-"", More often than not when a crisis, such as a hurricane, strikes Florida, potential
visitors assume that vacationing in Florida is not a practical option. In reality, the
media and public can confuse geographic areas and assume that all Florida was
impacted by the crises when in fact, it could be isolated to a small area. Even if the
NapleslMarco IslandlEverglades area were hit by a hurricane, the crises would not
necessarily preempt visitation. Confusion and misinformation have been the biggest
culprits for lost business in past Florida crises.
--
Agenda Item No. 16F1
May 25, 2004
~,--~ ---.->;.-- -,,-"-.
Strate2ies
. Develop a 5-7 day marketing blitz that has creative produced and media schedules
that can be in place within 24-48 hours after the crises.
. Develop a media campaign that would reach out to the major feeder markets for
the Naples/Marco IslandJEverglades area.
. Develop a two-fold creative program that will make potential visitors feel
comfortable that they can safely visit the area, at the same time reach out, and
promote the brand.
. Develop a public relations campaign that helps overcome the stigma that a visit to
the area is not feasible. The PR campaign can also increase brand awareness.
. Establish a home page pop-up and landing page on the CVB web site that provides
information and reassures potential visitors.
Tactics
. Media:
. Cable TV: This one week campaign would run immediately after the crises.
The Weather Channel, CNN, NBC News, Fox News and to a lesser degree,
entertainment channels would be used to provide immediate information to
educate and make the public aware that a visit to the area is feasible and
encourage. Because of television's powerful branding capabilities, the
campaign would also establish the brand, perhaps even reaching new
prospects.
. Print Publications: Newspaper and consumer magazine travel sections are
not especially good at branding. They are good at promoting special offers and
thus the hoteliers should be encouraged to run special offer campaigns to
coincide with the CVB media Blitz.
. OnlinelPush Technology: Emails providing information that reflects the
brand would be sent immediately to the CVB database. E-mails or a series of
emails would also be made available to hoteliers and appropriate attractions so
the campaign could be sent to their database as well. A similar campaign
would be developed for public relations to send to the various media.
Agenda Item No. 16F1
May 25,2004
."......... Public Relations
Use PR as a means of keeping the information flowing to support the other media
approaches and to keep the media informed of the local conditions.
. Use Local Community for Communicating Positive and Real Status on the
area.
. Video News Releases
. Audio News Releases
. Press Releases
. Photo/Caption Releases
. Web site Upgrades for "Up to the Minute" News
. Media Missions
. Press Familiarization Trips
Creative
. Pre-produce all creative including television, three email versions, and pop-up
and landing page for the CVB website.
. TrafficfTransmissions will be pre-arranged so that the creative for the
,.-, campaign can be trafficked within a 24 hour period or less. Conceivably, the
online portion of the campaign could be up and running within minutes.
. Crises other than hurricanes would be handled in the same manner, as
proposed, for the Hurricane Emergency Plan. Crises may include: wild fires,
oil spills, terrorism and others, which may require a customized intro or
revamping of the creative. The Client, Agency and production vendor would
have the materials in-house and be on stand-by to facilitate a 24-hour turn
around.
-
Agenda Item No, 16F1
May 25, 2004
"--"'-- ,~.",- ."'-,--,--_._'"~...,.- ------
Budget
Recommended budget is $300,000 that would include media for cable television,
online marketing, all creative for TV, online push technology and the website landing
page and pop ups.
Estimates
. Cable TV $275,000
. Online Push Technology $5,000
. Production: TV /Emails/Landing Page $20,000
. TV - 2 Versions
. Emails - 3 Versions
. Website-Pop-up & Landing Page
Total $300,000
Agenda Item No. 16F1
May 25, 2004
-
,;- .
's~ .. .... Paradise
:. ,~;/. Advertising & Marketing, Inc.
TELEVISION COpy
Client Collier CVB
Job No
Pruduct
Format :30
Draft 1
Status for Approval
Date 2/3/03
Title Emergency Campaign I After a Hit.
VIDEO AUDIO
AUDIO: Howlinl wind under
OPEN: To shots ot Hurricilm.' toota!;\.'. ANNCR:
With all the talk recently about Hurricanes in
Florida, you may have thought you couldn't go
there on vacation,
AUDIO: Wind out. Music in,
_. Well you can,
DISSOLVE: 'I'll Branding 'IV format, Footage of family
on beach.
You see, for the beautiful Paradise Coast of Naples,
DISSOLVES: Of key shots of each community as in Marco Island and the Everglades, the Hurricane is
branding spot. (Golt, couple on balcony, fishing)Nolrm.'S now a thing of the past.
of ~'ilch ~-dit ('" in sync. as in branding TV. Lllgo in.
DISSOLVES: Roating woman, (Ouple on boat tour, din- Whether you're ready to laze on the beach, take an
ing.. shoppin!;. exciting nature tour, visit a museum, or dine and
shop til 'ya drop, the Paradise Coast is ready.
So now that the Hurricane's paid us a visit... you
can too.
DISSOLVE: To couple at sun<;ct a.. in branding TV. Naples, Marco Island and the Everglades...
Florida's Last Paradise.
._"
150 Second Avenue North, Suite 880
St. Petersburg.. FL 33701
I Agenda Item No. 16F1
May 25, 2004
,_."--,-----"-""""- . - " "',^.,.-, - -...,-....-...,.'...-.--. ....".
._- -----
,~. ':'..'.',
_Paradise
'::j',_ ..,..~. Advertising & Marketing, Inc,
TELEVISION COpy
Client Collier CVB
Job Nu
Product
Furmat :30
Draft 1
Status For Approval
Date 2/3/03
'mlc Emergency Campaign/ Missed Us.
VIDEO AUDIO
AUDIO: Howlin& wind under
ANNCR:
OPEN: To sh{lb; of Hurricane footage. With all the talk recently about Hurricanes in
Florida. you may have thought you couldn't go
there on vacation,
AUDIO: Wind out. Music in.
DISSOLVE: To Branding TV format, Footage of family Well you can.
on beach.
DISSOLVES: Of key shot.. of each community as in You see, the beautiful Paradise Coast of Naples.
branding spot. (Golf, couple on balcony, fishing)Names Marco Island and the Everglades was well out of
of each {>dit on in sync. as in branding T\', Logo in. harms way.
So... the Hurricane may have missed us, but ~
shouldn't.
DISSOLVES: Floating woman. coupl~' on boat tour, din- Whether you're ready to laze on the beach. take an
ing, shopping. exciting nature tour, visit a museum, or dine and
shop til 'ya drop, the Paradise Coast is ready.
DISSOLVE: To couple at sunc;et a.. in branding lV, Naples, Marco Island and the Everglades..,
Horida's Last Paradise.
-
150 Second Avenue North, Suite 880
St. Petersburg. FL 33701
Agenda Item No, 16F1
May 25,2004
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.-'-.
APPRO V AL OF BUDGET AMENDMENTS
BCC Agenda of May 25, 2004
Transportation Services (Fund 101)
Budget Amendment #04-260
Operating Expenses $11,100
Reserves
Reserve for Contingencies (11,100)
Total -0-
Explanation: Funds are needed for appraisal and inspection services for the Arthrex Building.
.-
,--..
Agenda Item No. 16F2
May 25, 2004
Page 1 of 2
COLLIER COUNTY
-~
BOARD OF COUNTY COMMISSIONERS
Item Number 16F2
Item Summary Approval of Budget Amendment Report
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 10:29 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20047:16 PM
-
......-
Agenda Item No. 16F2
May 25, 2004
Page 2 of 2
._.~~_..... --" -----._.,~...._"..._~~-_._._~....- ',e",__" ~-,_. .~._.."'----"-
EXECUTIVE SUMMARY
.....'-~ Approve a Budget Amendment to Return Unspent Funds In the Amount of
$61,638.25 from the Airport Authority Capital Fund (496) to the Road
Construction - Gas Tax Fund (313)
OBJECTIVE: To close out an unrealized grant and to return the balance of
unspent funds to the Gas Tax Fund (313).
CONSIDERATIONS: On June 9, 2000, the Airport Authority entered into an
agreement with the State of Florida Office of Tourism, Trade, and Economic
Development (OTTED) whereby OTTED would reimburse the Authority for costs
incurred to the extent of $1,648,000 on a road construction project to widen County
Road 846 and to create an additional entrance road at the Immokalee Regional
Airport, The total cost of the project was projected to be $1,898,000. A $250,000
transfer from the Gas Tax Fund (313) supplemented the OTTED grant to provide
funds for the total cost of the project.
The OTTED agreement stipulated that the reimbursement process would not begin
until a marble/granite manufacturer - who was to create 170 jobs - began vertical
construction of a manufacturing facility. The initial agreed-upon completion date for
construction was March 22, 2002, Several amendments were made to the
agreement extending the completion date. To date, the marble/granite
manufacturer has not indicated an ability to go forward on this project, and OTTED
has indicated that no further extensions of completion dates will be granted. Given
-"~ this, the elimination of budget authority for expending additional funds on this
project is recommended,
While waiting for vertical construction to begin, the Authority spent $188,361.75 on
engineering and permitting fees. The source of funds for these expenditures was
the $250,000 transfer from the Gas Tax Fund (313). Should the budget authority
for expended additional funds of this project be eliminated, the balance remaining
of $61 ,638.25 will be returned to Fund 313.
FISCAL IMPACT: $61,638,75 in the Airport Authority Capital Fund (496) will be
returned to the Gas Tax Fund (313),
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a
budget amendment to transfer $61 ,638,75 from the Airport Authority Capital Fund
(496) to the Gas Tax Fund (313), .'.
..-
Agenda Item No. 16G1
May 25, 2004
1 of 2
.-""'-- ~ .'.'""'."",...,.,.""._..,."....,...,,,..'"''',"'.,...,.~.
.-, COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16G1
Item Summary Approve a budget amendment to return unspent funds in the amount of
$61,638,25 from the Airport Authority Capital Fund (496) to the Road
Construction - Gas Tax Fund (313).
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Bob Titus Airport Financial Manager Date
County Manager's Office Airport Authority 5/12/20044:21 PM
Approved By
Gene Schmidt Executive Director Date
County Manager's Office Airport Authority 5/17/2004 8:22 AM
Approved By
-. Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/200410:04 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/2004 1 :33 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20049:45 AM
Approved By
James V. Mudd County Manager Date
Board of County -
Commissioners County Manager's Office 5/18/20045:16 PM
.-
Agenda Item No. 16G1
May 25, 2004
2of2
,~,._---..--""" < ""._" -~"., ""_'""'d~_ ..,.1>"__ ..._,-^" ~._-----","'"
PROCLAMATION
"".-.
WHEREAS, from Colonial times to the present, Jews have played an important part
in the defense of the Unites States of America; and,
WHEREAS, in 1896 a group of Jewish Ovil War veterans organized the Hebrew
Union Vet er ans, an organizat ion t hat was lat er to become the Jewish
War Veterans of the USA; and,
WHEREAS, thousands of Jews have died in coni:>at for t hei r count r y and thousands
more have been awarded combat medals for the performance of their
duty in time of war. A study of Jewish participation in the military
during World War II indicat es very clearly that Jews served in the
Armed Forces beyond their numerical proportion to the general
population, and they received more than 52,000 awards including the
Medal of Honor, t he Air Medal, t he Silver St ar, and t he Purple Heart.
More than 51,000 Jews were listed as casualties and 11,000 died in
combat; and,
WHEREAS, today, the Jewish War Veterans of the USA combats anti-Semitism in
all its forms, carries on an extensive program committed to upholding
America's democratic traditions, and fights bigotry, prejudice,
inj ust ice, and discriminat ion to all kinds; and,
WHEREAS, the Jewish War Veterans assist veterans and their dependents through
hospital, rehabilitation, and veterans' service programs and maintains
Veterans' Service Offices, staffed by professionals, in major cities
",..-., throughout the Country; and,
WHEREAS, the Jewish War Veterans of the USA represent a proud tradition as
the oldest active veterans' organization in America.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the week of June 2nd through June 81h 2004, be
designat ed as
J EWI SH WAR VETERAN'S WEEK
DONE AND ORDERED THI S 25lH day of May, 2004.
BOARD OF COUNTY COMMI SSI ONEPS
COLLI ER COUNTY, FLORI DA
DONNA FI ALA, O1AI RMAN
ATTEST:
DWI GlT E. BROO<, ClERK
-
Agenda Item No. 16H1
May 25, 2004
Page 1 of 2
-
",- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16H1
Item Summary Proclamation to designate June 2nd through June 8th, 2004 as Jewish War
Veterans' Week. Will mail once presented,
Meeting Date 5/25/20049:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office 5/12/20047:31 AM
Commissioners
.,- Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/12/20046:49 PM
",-,
Agenda Item No. 16H 1
May 25, 2004
Page 2 of 2
.-., ,-,.,.,",,---~" --""'0-
' '--'"~"
#-.
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: Graduation Ceremonies of the Leadership Collier Class of 2004
PUBLIC PURPOSE: To represent the County to recognize these graduates and future
- leaders of Collier County.
DATE OF FUNCTIONIEVENT: May 13,2004
FISCAL IMPACT: $50,00 (Funds to be paid from Commissioner's travel budget.)
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: May 25, 2004
.-.
Agenda Item No, 16H2
May 25, 2004
Page 1 of 3
>~-,...".._. ..-.-.-...,...";.,,. ,..."'.,....."'"",,.,'""..,, """';"-' ....".~""".>;...~.,,q.-..',....,..' .,..._,....;.............."',.,......"I..r...M """"'_"""''''''M",'~''~_''_.~.'_'_'~
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16H2
Item Summary May 25, 2004, Commissioner Jim Coletta requests reimbursement for attending
the Graduation Ceremonies of the Leadership Collier Class of 2004 on May 13,
2004 to represent the County as a valid public purpose.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Nancy Rosiak Executive Aide to the BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/12/20049:19 AM
-
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/13/20044:51 PM
Agenda Item No, 16H2
May 25, 2004
Page 2 of 3
_m. """-'-"'-~ ,----, 0' _,_...,..._.~..., ~,~.
)0
The Class of 2004'
I
Join us for tfie graduation Ceremonies oj tfi.e
Leaaersfiip Co{lier Class oj 2004
'Tliursaay :May 13t/i 2004
6p.m.-9 p.m.
****************************
JVapCes {jJeacfi J-{ote{j1.na qo[f C{uG
851 qu[f Sfiore {jJ[vrf. JVortfi
CDinner uncfer tlie stars on tfi.e Watkins Lawn
2004 Crass memGers are no cliarge
$50 per guest
------------------------------------------------------------------------------------------------------------
- -. - . -. .
Agenda Item No. 16H2
May 25, 2004
Page 3 of 3
,...........
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters,
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Southwest Florida Transportation Initiative (SWFTI) Post-
Session Legislative Forum
...- PUBLIC PURPOSE: Review of 2004 Legislative Session
DATE OF FUNCTIONIEVENT: June 2, 2004
FISCAL IMP ACf: 35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to
attend function serving a valid public purpose.
SUBMITTED BY: Date:
Trisha McPherson, Executive Aide to BCC
APPROVED BY: Date:
Sue Filson, Executive Manager to BCC
...-
Agenda Item No, 16H3
May 25, 2004
Page 1 of 4
-.
.- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16H3
Item Summary Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend the Southwest Florida Transportation
Initiative Post-Session Legislative Forum on June 2, 2004; $35.00 to be paid
from Commissioner Halas' travel budget.
Meeting Date 5/25/20049:00:00 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/17/20049:33 AM
Approved By
James V, Mudd County Manager Date
..- Board of County
Commissioners County Manager's Office 5/17/20047:26 PM
Agenda Item No, 16H3
May 25,2004
Page 2 of 4
--....-.-",,- ~,."---'-,._'".--.." .
. SOUTHWEST FLORIDA RECE\\fEC
. TRANSPORTATION INITIATIVE
Agnoti, Barber & Brundage MAY' 3 2004
Aim Engineering & Surveying, Inc,
Ajax Paving Industries .' , ,. . d of County COffilll 55 ioners
Allco, Inc. h.'; I.: . ..c"(' ; ",,,\" aoar'
ALLETE Properties Inc. e.., , '.'\. .. · t .. . .. ,
Arthur Rutenberg Homes ,<\!) " ".' ;':.:-' " ',., tau are cordially invited to attend the
Ave Marla University
Barraco & Associates, lac. :J . ,,". , ~ L t "'. J {.;..
Barroa Collier Company
BBL - Florida, L.L.C Southwest Florida Transportation Initiative
The Bonita Bay Group
Bonita Springs Chamber or Commerce Post-Session Legislative Forum
Bonita Springs - Estero Assoclatioll or
Rultors
Centex Homes Wednesday, June 2, 2004
Chamber of Commerce of Cape Coral
The Chamber of Southwest Florida 3 to 5 p.m. Legislative Dialogue
Charlotte County Airport Autllorlty
Charlotte County Cbamber of Commerce 5 to 6 p,m. Cocktail Reception
Charlette County Office of Economic
Denlopment
Citizens Highway Initiative Program Shadow Wood Country Club (The Brooks)
- . (CHIP) 22801 Oakwilde Boulevard
Collier Building Industry Assoc:latloa
Collier Enterprises Bonita Springs
Colonial Bank
Community Engineering Services
Court~is Company Forum agenda includes:
DCI Communities
David Plummer & Associates . Report from SWFTI on legislative activities and priorities
EarthMark Companies . Review of the 2004 Legislative Session from members
Economic Development Couacll
of Collier County of the Southwest Florida Legislative Delegation
EDglewood-Cape Haze Area . Update from the Florida Transportation Commission
Chamber of Commerce
Estero Chamber of Commerce . Update from the Florida Department of Transportation
i florida Gulf Coast Ualnnlty
Greater Fort Myers Chamber of . Legislative dialogue, Q&A
Commerce Inc.
Gruter Naples Cbamber of Commerce $3S,OO ~~
Gulf Citrus Growers Association
HNTB Corporation
Harbounide Custom Homu
Heldt & Associates, Inc,
Henderson, Franklin, Starnes & Holt, P.A, Pleasefaxtheenclosedresponseform
Hole Montes, Inc.
Horizon Council of Lee County by Thursday, May 27, 2004
JohoSon Engineering
KlngoD Homes
Landon Development Corporation
Lee Building Industry Association
The Lutgert Companies
Ross W. McIntosh
Metro Transportation Group, Inc,
Miromar Development Directions from Fort Myers:
Naples Area Board of Realtors
Parsons Brinckerhorr Travel south on U.s. 41 to Coconut Road. Turn left (into The Brooks) heading east
Pulte Home Corporation about one mile to the Shadow Wood entrance on the left,
Realtor Assodatlon of Greater Fort Myers
and the Beach, Ine.
The Ronto Group Directions from Naples:
Simon Property Group
Southwest Florida Regional Travel north on U.S, 41 to Coconut Road. Turn right (into The Brooks) heading east
Planning Council about one mile to the Shadow Wood entrance on the left.
SunTrust - Charlotte County
US. Home Corp,
Vanuse & naylor Directions from 1-75:
WCI Communities Take the Corkscrew Road exit (#123). Proceed west one-ha/fmile,' turn left on Three
Wal-Mart Stores East, LP
Wallace Homn Oaks Parkway. Turn right on Coconut Road andJollow one mile to the Shadow Wood
WilsonMiIler, Inc. entrance on the right.
Wyman Stokes Builder
Agenda Item No, 16H3
Tina Matte, Coordinator May 25,2004
Gravina, Smith & Matte Page 3 of 4
Phone: (239) 275-5758
fu: (139) 27~SOl (OSI04104)
-.. .-
-- NAY-1~-2~~~~I 04:49 PN GRAVINA. SMITH & MATTE F AX NO. 239 275 6501 P. 01
"-
SOUTHWEST FLORIDA Post-It" Fax Note 7671
.- TRANSPORTATION INITIATIVE To TYT~ r-
A:noli, Sar-ber " Bnnu.e Co.lDept.
Aim E.~ineerlnE It, S.n'eyllllo lae. Phone'
Ajaz PavlnglDllu.oies INVOICE
AUCO. Iltc. Fax .
AL}.1i:TE 1"I'op..-tles lllc,
Arthar RAte.b.... HDtMI
Ave Marla Vlllvtrtit)'
Barnea " Auoctaua, lae.
lI...rotI CoIIU1r Compan)'
BBL - Florida, t......c INVOICE # 40601114
n. lknlta llay GtoUP DATE: May 14,2004
Bonita SprillP OIamber or Colllmerce
80llita Sprillp -Ister. i\5IOCiadon of
Rallo"
C'Rla BOllM. RECEIVED
Cllamber .r Co_ree of Cape Coral
Tlae ChalUbcr or Soutlno,c&t Florida TO: Commissioner Frank Halas MAY 1 7 2004
a.anone COPt)' Alrporc IoUthorlty CoUter County CODlmission
Cbarlotta Codt)' C...mbu of ColIHIICr'ft
Char10Ue County Omct of Itconoanle 3301 E. Tamlaml Trail Board of County Comm1SSfoners
Dev.lopmellC Naples, FL 34112
Citizen RiCh....)' I.itlatlve prvQram
(CHIP)
Collier Blllklinl: ladllltry AIIIoclaClon
CoUlor J:ntcrpri_
CotaDial Buk
Commualt)' Encln-'al Servlc.
Courttllt COlllpan,.
I>C1 Ca_lIld..
David Plummer" Auodatn
EartbMarir. Comp'Die& DESCRIPTION
&:COIIG_~ pncloplftHlC CIMIDeil
of CoUler CottI\C)'
_ En;lewood..capc Haze Area
Chamber.r Comnwn:&
ERero Olam!Mr or CotnmercB SWFrI Post-Session Legislative Forum $35.00
Florida Gulf Coan VlIl\'enIcy
Crt*ttr Fort M)oera ClIalllbcr or
COfIImcrce Inc.
Crt*ur Napl- Claamber of Commerce Please make check payable to SWFI'I.
Clair CltJ'U. Growe" A..odadoll
tlNTB Corporatiol Thank you.
HarbollrsilSe Cuuom J(omct
Heidt" A.aoclatea, la..
RcndenaD, Praaklla, Staraes " Holt, P.A.
Hole Mutes, IllCo
HOrlzo" Co.ac" of L- Count)' TOTAL DUE: 535.00
JollUOll ED,h1eeriJIl
KInIOn B_
LaDdon Dndopmnc Corpontlon
Lee Baildlllladuatry Asaocladon
The Llll1lert Compaala
!ton W. Melnlo.1I
Metro T....lIpOIUdon Croup, Ine.
Mlromar Develop_nt
Napl.. A.... Board of l\ealcor.
ParsolUl Brincurllof'f
hlta 80_ CorperaCloa
Rultor MIOc\.1ioD of G....ter 'ort M,.en
and CIte 8eacb" Ine. Please remit payment to:
Tllo RDllta Grollp
SImon Proptn)' Grollp
501ltll...... Florida ~onal Southwest Florida Transportation Initiative
Plan 011' Cou.eil
SunTnllt - CllarlatEa ColUlt)' do Gravina, Smith & Matte
u.s. Home Corp. 1520 Royal Palm Square Blvd., Suite 160
V'Dun" DayllN'
WCI CO_DDil1t1 Fort Myers, Florida 33919
WaI-Mart Stare- Eaat, LP
WaUu. Homes
- wiI.ooMlUcr, III&:.
Wyman SeoUl Builder
Agenda Item No. 16H3
Tlua Mauc, Coorlllnator May 25.2004
Gravllla, SmldI " Malle Page 4 of 4
PhOlle; (U9) 275475t
...__. ""0\ .,...~cIIl ,_IA4\
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_.
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk,
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters,
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Gulf Citrus Growers Association Annual Meeting
PUBLIC PURPOSE: Interact with members of citrus industrty in the Southwest Florida
,- area.
DATE OF FUNCTIONIEVENT: June 2, 2004
FISCAL Il\1P ACf: $36,00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank. Halas to
attend function serving a valid public purpose.
SUBMITTED BY: Date:
Trisha McPherson, Executive Aide to BCC
APPROVED BY: Date:
Sue Filson, Executive Manager to BCC
,-~
Agenda Item No. 16H4
May 25. 2004
Page 1 of 3
---
,..-.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16H4
Item Summary Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose. Attend Gulf Citrus Growers Association Annual
Meeting and luncheon; $36.00 to be paid from Commissioner Halas' travel
budget.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Trisha McPherson Executive Aide to the BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/14/200411:18 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/14/20044:04 PM
-
Agenda Item No. 16H4
May 25, 2004
Page 2 of 3
.._- _. -- .----.-
r ..-. --- "
.---
.---
Post Office Box 1319
LaBelle, Florida 33975
Phone: 863-675-2180
Fax: 863-675-8087
fA@)[!i~IAt REC'D CQPY
May 3, 2004 DF H TH FC J(
Honorable Frank Halas /1)
Collier Co. Commissioner C -
3301 E. Tamiami Trail
Naples 34112
Dear Honorable Halas:
You are cordially invited to be our guest at the 18th Annual Meeting of the Gulf Citrus Growers
Association, scheduled for Wednesday, June 2, 2004, at the Sanibel Harbour Resort, Ft. Myers, The
luncheon meeting will begin promptly at II :45 AM.
While there is no doubt that, the issues facing our industry have never been more numerous or
complex, it is also true that the citrus growers of the Gulf production region have shown a remarkable
ability to rise to the challenge.
Throughout the past year, we have continued our battle against citrus canker and fought for increased
eradication funding. We have made known our concerns over trade negotiations and tariff reductions
that could severely impact our industry, We have monitored the many growth management, water and
environmental issues that are unique to southwest Florida, In addition, we have continued to build
positive working relationships with county and regional government agencies, with our urban
neighbors and with the media who cover our region.
Please RSVP by May 24, 2004, by returning the enclosed card or calling (863) 675-2180, We look
. _. forward to having you join us!
Sincerely,
7-~~ .
Ron Hamel q .
Executive Vice President and General Manager ~~~VJ
Enclosures $ &.00 _ p~ 'NV-.t-l~.
Agenda Item No. 16H4
May 25, 2004
Page 3 of 3
-
,,-
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Ed Perico's retirement party
PUBLIC PURPOSE: Interact with and support county employees.
,.-
DATE OF FUNCTIONIEVENT: June 5, 2004
FISCAL IMPACT: 35.00 Funds to be paid from Commissioner's travel budget
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No, 99-410, approve payment by the Clerk for Commissioner Frank Halas to
attend function serving a valid public purpose.
SUBMITTED BY: Date:
Trisha McPherson, Executive Aide to BCC
APPROVED BY: Date:
Sue Filson, Executive Manager to BCC
--
Agenda Item No, 16H5
May 25, 2004
Page 1 of 3
"- .~..,.~ ",-".,"'-'~""'. .....",,"""~'.'H'W"'."..'.......v, ,,,..., .....-..._"""'...._,,.,"",...,."'.).;0,."'0...' -"'-,.....---."
<,- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16H5
Item Summary Commissioner Halas request for Board approval for payment to attend function
serving a valid public purpose, Attend Ed Perico's retirement party; $35.00 to be
paid from Commissioner Halas' travel budget.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office 5/14/200411 :19 AM
Commissioners
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/14/2004 4:06 PM
-
._0
Agenda Item No. 16H5
May 25,2004
Page 2 of 3
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.. r-.' May 25,2004 .,
Page 3 of 3
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS ,CORRESPONDENCE
May 25, 2004
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. Disbursements for January 31, 2004 through February 6, 2004,
2. Disbursements for February 7 , 2004 through February 13, 2004
3. Disbursements for February 14,2004 through February 20,2004,
4. Disbursements for February 21, 2004 through February 27, 2004.
5. Disbursements for February 28, 2004 through March 5, 2004,
6. Disbursements for March 6, 2004 through March 12, 2004,
7. Disbursements for March 13, 2004 through March 19, 2004,
8. Disbursements for March 20, 2004 through March 26. 2004.
....''''...~ 9. Disbursements for March 27 , 2004 through April 2. 2004,
10, Disbursements for April 3, 2004 through April 9. 2004.
11. Disbursements for April10, 2004 through April 16, 2004.
12, Disbursements for April 17 , 2004 through April 23. 2004.
13, Disbursements for April 24. 2004 through April 30, 2004,
...-,
Agenda Item No. 1611
May 25, 2004
Page 1 of 3
H:DataIFormat
""''',.,'''''''-,'.._.....,...~''.,.,,~ ...'"....."._,"'-,-_...~._. .,. .-,..-,....--
B. Minutes:
1. Environmental Advisory Council- Agenda for May 5, 2004; Minutes of
April 7, 2004
2. Collier County Planning Commission - Agenda for May 6, 2004; Minutes
of April 1, 2004.
3. Community Character/Smart Growth Advisory Committee - Agenda for
January 14,2004, February 25, 2004, March 10,2004, March 26,2004
and April 7,2004. Minutes for January 14,2004, February 25, 2004,
March 10, 2004, March 26, 2004 and April 7, 2004.
4. lmmokalee Beautification M.S.T,U. Advisory Committee - Agenda for
May 19,2004, Minutes of April 21, 2004
5. Radio Road Beautification M.S,T.U. - Agenda for May 18,2004 and
June 10, 2004; Minutes of April 20, 2004.
6. Forest Lakes Roadway and Drainage M,S,T,U. - Agenda for Special
Meeting May 5, 2004; Minutes of April 8, 2004.
7. Pelican Bay Services Division - Agenda for May 5, 2004. Clam Bay Sub-
Committee Reports and Budget Sub Committee Reports; Proposed Budget
_. Fiscal Year 2005.
a) Clam Bay Sub-Committee - Agenda for April 28, 2004; Minutes
of March 3,2004
8, Bayshore Beautification M,S.T,U. -_ Agenda for May 12,2004; Minutes
of April 14, 2004.
9. Development Services Advisory Sub-Committee - Budget and Operations
Agenda for April 14, 2004; March 10,2004.
10. Vanderbilt Beach M,S,T.U, - Agenda for May 6, 2004; Minutes of April
1, 2004.
11. Collier County Hispanic Affairs Advisory Board - Agenda for January 22,
2004; February 26, 2004; Minutes of January 22, 2004 and February 26,
2004.
12. Collier County Hispanic Affairs Advisory Board ioint meeting with Black
Affairs Advisory Board - Minutes of August 28, 2003 and Minutes of
June 26, 2004, Voting Conflict for County, Municipal and Other Local
Public Officers filed by Carlos A viles.
13. Productivity Committee Meeting - Minutes of March 17, 2004
_.
Agenda Item No, 1611
May 25, 2004
Page 2 of 3
H:Data/Format
.-
"-, COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 1611
Item Summary Miscellaneous items to file for record with action as directed.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Kathleen Martinson Administrative Aide to BCC
Board of County BCC Office
Commissioners
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County BCC Office
Commissioners 5/14/20048:31 AM
Approved By
~ "'-
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/14/2004 11 :33 AM
,-
Agenda Item No. 1611
May 25,2004
Page 3 of 3
,~'"..."~ -..,. -,-" 'H~_
. . .
.
.-
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EXECUTIVE SUMMARY
Recommendations to approve a resolution between the Board of County Commissioners
and Sprint Telephone Company of Florida.
OBJECTIVE: To gain Board of County Commissioners approval of the attached
Resolution between the Board of County Commissioners and Sprint Telephone Company
of Florida, for continuing the existing E-911 system.
CONSIDERA TIONS: To provide an enhanced "911" emergency telephone system for
the citizens of Collier County.
1. A Resolution to be executed by the Board of County Commissioners to
allow Sprint Telephone Company of Florida to collect a fee at $ .50 per
month per access line to fund the cost of maintaining the enhanced "911"
system, from September 30, 2004 to September 30, 2005.
2. The Board of County Commissioners authorizes the Sprint Telephone
Company of Florida to deduct an administrative fee equal to 1 % of the
monies collected for the enhanced "911" emergency telephone system.
-
FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No
ad valorem tax dollars will be expended. The fee for FY 03-04 was $ .50. There is no
increase in the fee. Any reserves will be accumulated according to Statute (199-919010-
991000-00000).
GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system,
RECOMMENDATIONS: That the Board of County Commissioners authorizes the
Chairman to execute the Resolution.
See attachment for Resolution.
Agenda Item No. 16J1
May 25, 2004
Page 1 of 3
,~.w.,_ -"-'---'-'--"'.". --.-.--,.-. ,.,' ."'''''''''''''__.1_._~~_''''''
COLLIER COUNTY
,-",
BOARD OF COUNTY COMMISSIONERS
Item Number 16J1
Item Summary Recommendation to approve a resolution between the Board of County
Commissioners and Sprint Telephone Company of Florida.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/200410:26 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 5/17/20047:35 PM
Commissioners
,,-
-,
Agenda Item No. 16J1
May 25, 2004
Page 2 of 3
_'__'M_" -,^.-. ..._.<,....-....,-~_.. -._-- ~._,.,,- ,.....__.._--~_..-.._._..._..~._.-
-----
.
~
RESOLUTION NO. 2004- _
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER
COUNTY. FLORIDA. PROVIDING FOR THE IMPOSITION AND COLLECTION OF A
LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911 H
TELEPHONE SERVICE AND EQUIPMENT
WHEREAS. Section 365.171 (13), Rorida Statutes, provides that a county may impose a fee
for charges for '911' service and equipment to be paid by local exchange subscribers on an
individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and
WHEREAS, The Board of County Commissioners of Collier County, Florida, deems It
appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced
'911' telephone service availability in Collier County.
NOW, THEREFORE, BE IT RESOL "-ED BYTHE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that
1. Pursuant to Section 365.171(13), Rorida Statutes, there is hereby imposed against local
exchange subscribers a local option fee for the provision of enhance '911. emergency telephone
service and equipment in Collier County. This fee shall be adjusted annually to cover allowable
expenses as described in Section 365.171 (13(a)(6), Florida Statutes. For the period of September
30, 2004 through September 30, 2005, the fee will be $ .50 cents per month per subscriber per
access line.
2. The County requests that the telephone cornpany (exchange telephone service provider)
providing enhanced '911' service and equipment to Collier County collect from its subscribers
within Collier County, the local option fee assessed by this Resolution and remit those fees to
Collier County.
3. Said telephone company, pursuant to Section 365,171 (13)(c), Rorida StaMes, may retain as an
administrative fee an amount of one percent (1 %) of the total '911" fees actually collected by said
telephone company.
4. Money in reserve is being carried forward to provide for capital improvements listed in Section
365.171 (13)(a)(3), Florida StaMes. Additional money from fiscal year 2004 revenues to be added to
the total reserves shall not exceed ten percent (10%) of such fees billed for the 2003 fiscal year, The
cumulative reserves are to pay for projected expansion and replacement 01 E911 equipment and
service features described in Section 365.171 (a)(13)(6), Florida Statutes. All carry forward reserves
shall be administered in accordanca with Subsection 365.171 (13), Florida Statutes.
This Resolution adopted on the day of , 2004, after motion,
second and majority vote for adoption.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA.
BY: BY:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~
Thomas C. Palmer,
Assistant County Attorney
Agenda Item No. 16J1
May 25. 2004
Page 3 of 3
.-.. . ...-
"A"-'"
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS
ENDORSE THE CLERK OF THE CIRCUIT COURT'S OFFICE GRANT
APPLICATION FOR THE STATE OF FLORIDA DEPARTMENT OF LAW
ENFORCEMENT EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW
I ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM.
I
I
OBJECTIVE: To obtain the Collier County Board of County Commissioner
endorsement of the Clerk of the Circuit Court's Office grant application for funding from
the Florida Department of Law Enforcement Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program. The grant is for the development
of a criminal information system that will accept, process, export, and report FDLE
electronic information on a daily basis including critical biometric identification
(fingerprint) .
CONSIDERATION: The specific problem to be addressed through the use of
these grant funds is the current inability of the Clerk's Criminal Justice Information
System (CnS) to accept, process, export, and report FDLE electronic information on a
daily basis including critical biometric identification (fingerprint information).
.....-.,~ The Clerk is presently engaged in the installation of a Case Maintenance/ Management
system replacing the existing criminal segment established in 1985. Without
modification, the system will not be able to meet the projected goals for frequency of
reporting (daily), expansion of data interfaces (fingerprint identification), and the
provision of reports to the numerous local, state, and federal criminal justice agencies,
users, and the courts.
The changes in Federal law, specifically the Brady Crime Control Act, the National Child
Protection Act, and the Violent Crime Control Act, coupled with reporting requirements
of the Florida Department of Law Enforcement (FDLE), the Office of the State Court
Administrator (OSCA), and the needs of other Collier County criminal justice users have
brought the Clerk's cns to a crisis point in which expansion and modifications are
required to communicate critical case information in a timely fashion.
The Collier County Clerk of Court continues to improve the rate of dispositions on file at
FDLE. It is also anticipated that this project will allow FDLE to match disposition data
submitted to arrests in the Computerized Criminal History system in a more efficient
manner.
FISCAL IMPACT: The total funding being requested is $162,510. Seventy percent, or
$113,757 is being sought by the grant with a local match of thirty percent or $48,753,
The local matching funds will be provided via the Public Records Modernization Trust
Fund, which is the responsibility of the Clerk of the Circuit Court. There is no fiscal
,- impact to any funds of the Board of County Commissioners.
Agenda Item No. 16J2
May 25, 2004
1 of 30
.".,,,...,"............... ~.,,,<>..._.,,,..,..,
.--.
GROWTH IMPACT: None
RECOMMENDATION: That the Board of County Commissioners endorse the
. aforementioned grant application.
---- -- -------- -.---- - . -- . - .--.- ---- -. --
Prepared By: Date: 5;;~~{
L. Mitchell, CIA, CFE, CBA .
J
Director of Finance and Accounting
RevieWedBy:Jjt/'~ ~ Date: ~ktf/t;f-
.
J. Walter Cross
Executive Assistant
,,-... .
~
f"\
rjy;;t(
.,.,-...
Agenda Item No. 16J2
May 25, 2004
2 of 30
,
"_ ___,~___"~"""'"~,''H,,,..,",,''''_M'"''''' ".
-- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16J2
Item Summary Recommend that the Board of County Commissioners endorse the Clerk of the
Circuit Court's Office Grant Application for the State of Florida Department of
Law Enforcement Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/18/20048:21 AM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18/2004 5:23 PM
.-
_.
Agenda Item No. 16J2
May 25, 2004
3 of 30
--"~ &_-,,-- --_."-~, IOi<I ..
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
Please read instructi.ons before completing this application.
. The term "Department", unless otherwise stated, refers to the Department of Law Enforcement.
. The term "OCJG" refers to the OffIce of Criminal Justice Grants.
. The t8fTT1 ~subgrant recipient" or.subgrantee" refers to the goveming body of a city, county, state agency, or an
Indian Tribe that performs criminal justice functions as determined by the U,S. Secretary of the Interior,
. The term "Implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an
agency under the direction of an elected official (for example, Sheriff or Clerk of the Court), It may also be an entity
eligible to be a subgrantee (ex. City of Live Oak)
. Instructions are incorporated in this document by reference,
A. Subgrant Data
1. This section to be completed by Subgrantee 2. This section to be completed bv OCJG
Continuation of Previous Subgrant? 0 Yes I:E:I No Project 10 # I Program Area #: I CFDA fI!: 16,579
If Yes, enter CJ Contract # of Previous Subgrant
SFY 2004 CJ Contract # SFY 2005 CJ Contract fI!
2~-CJ-__-__-__-__-___ 2005. CJ. __ - __ - __ - __ -___
B. ADpllcant Information
1. Subgrant ReclDlent (Subgrantee)
Name of Subgrant Recipient (Unit of Govemment): Collier County Board of County . County
Commissioners Collier
Name of Chief Elected Official' State Agency Head: Donna Fiala
Title: Chairperson
Address: 3301 Tamlaml Trail East, Building F Area Code , Phone #
(239) 774-8097
City, County, State, Zip Code: Naples, Florida 34112 SUNCOM fI!
E-mail Address: Donna.Flala@colllergov,net Area Code' Fax #
(239) 774-3602
2. Chief Financial OffIcer of Subarant Recipient (Subgrantee)
Name of Chief Financial Officer: Dwight E. Brock County
Collier
Title: Clerk of the Circuit Court
Address: 3301 Tamlaml Trail East, Building L Area Code' Phone #
(239) 774-2745
City, County, State, Zip Code: Naples, Florida 34112 SUNCOM #
E-mail Address: DwlghlBrock@clerk.colller,f1,us Area Code I Fax #
(239\ 775-2755
3. ImplementIng Agency
Name of Implementing Agency:. Clerk of the Circuit Court, Collier County, Florida County
Name of Chief Executive Official' State Agency Head' Subgrantee representative Collier
(if a subordinate agency of the subgrant recipient): Dwight E. Brock
Title: Clerk of the Circuit Court
Address: 3301 Tamlaml Trail East, Building L Area Code' Phone #
(239\ 732-2745
City, County, State, Zip Code: Naples, Florida 34112 SUNCOM #
E-mail Address: Dwlght.Brock@clerk.colller,f1.us Area Code I Fax #
(239\ 775-2755
FaLE B me Fonnul. Grant A
Rule 110-9.006 -
,_......, Application for Funding Assistance -
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
4. Prolect Director
Name of Project Director: Robert Gazdowlcz County
(Implementing Agency Employee) CoJlJer
Title: Assistant Director of Management Information Services
Address: 3301 Tamlaml Trail East. Building F Area Code I Phone #
(239) 774-8822
City, County, State, Zip Code: Naples, Florida 34112 SUNCOM #
E-mail Address: R.W_GazdowlCZ@elerk,eoJlJer.f1.us Area Code I Fax #
5. Contact Person (239) 774-8347
Name of Contact Person:
(if other than Project Director) County
Title: Jane McDonald
Address: Same above Area Code I Phone #
239-n4-8340
City, County, State, Zip Code: SUNCOM #
.
E-mail Address:Jane,McDonald@Clerk,Collier.Fl.US Area Code I Fax #
6. Person ResDonslble For Flnanelal ReDortlna (If known)
,....- Name: Jim Mltehell County
Collier
Title: Director of Finance
Address: 2671 Airport Road South, Court Plaza III Area Code I Phone #
(239) 774-8n2
City, County, State, Zip Code: Naples, Florida 34112 SUNCOM #
E-mail Address: Jlm.Mltchell@clerk.eoJlJer,ft.us Area Code I Fax #
7. Person Resoonslble For ProarammatJe Perfonnanee Reoortlna Ilf knownl (239) 774-6179
Name: Robert Gazdowlcz County
Collier
Title: Assistant Director of Management Inlonnatlon Services
Address: 3301 Tamlaml Trail East. Building F Area Code I Phone #
(239) 774-8822
City, County, State. Zip Code: Naples, Florida 34112 SUNCOM t#
E-mail Addres$: R.W_GazdowlCZ@elerk.colller.fl.us Area Code I Fax #
8. ServIce Provider Contaet Person (239) 774-8347
Name: Unknown - Competitive Bid
County
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
-
E-mail Address: Area Code I Fax #
FDLE B . Formut. Gnmt A
Rule 11D-9.006
-
---~ -...- --
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
C. Administrative Data
1. Project Title: Automated Criminal Information Intake System
2. Identify th~ year of the project (I, II, III, etc.) Ye~r I
3. Project period I Start: October 1, 2004 I End: September 30. 2005
D, Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in
their office. If 82 is selected do not reenter the contact information. This is onlv needed for designee.
82
OR
DESIGNEE
Name: Collier Clerk of the Circuit Court
Address: Finance & Accounting Department
2671 Airport Road South
City, State, Zip: Naples, Florida 34112
Phone Number: (239) 732-2745
.
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee,)
Yes X No
. 3. Frequency of Fiscal Reporting: Monthly_ Quarterly L
4. Subgrant Recipient FEID #: 59-6000558
5. State Agency SAMAS #: Not AoDllcable
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, Item 9.) Yes_ No-L
7. Cash Advance: Will you request an advance?
Yes - Amount No L
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement. Amount requested must be justified and accepted by FDLE.
FDLEB e Fonnufa Grant A
Rule 110-9.006 -
",.~" ,-..",""'.....,..,.,.
"'-,"- Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Project Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment, as described in the application instructions. Continue
narrative on a second page if necessary. Do not exceed two pages. Use a
readable size font, oer instructions.
Problem Identification:
The specific problem to be addressed through the use of these grant funds is the
current inability of the Clerk's Criminal Justice Information System (CJIS) to
accept, process, export, and report FDLE electronic Information on a daily basis
including critical biometric Identification (fingerprint Information).
The Clerk is presently engaged in the installation of a Case Maintenancel
Management system replacing the existing criminal segment established in
1985. Without modification, the system will not be able to meet the projected
goals for frequency of reporting (daily), expansion of data interfaces (fingerprint
,- identification), and the provision of reports to the numerous local, state, and
federal criminal justice agencies, users, and the courts.
The changes in Federal law, specifically the Brady Crime Control Act, the
National Child Protection Act, and the Violent Crime Control Act, coupled with
reporting requirements of the Florida Department of Law Enforcement (FDLE),
the Office of the State Court Administrator (OSCA), and the needs of other Collier
County criminal justice users have brought the Clerk's CJIS to a crisis point In
which expansion and modifications are required to communicate critical case
information in a timely fashion.
The Collier County Clerk of Court continues to Improve the rate of dispositions
on file at FDLE. It Is also anticipated that this project will allow FDLE to match
disposition data submitted to arrests In the Computerized Criminal History
system in a more efficient manner.
-
FaLES . Fonnu/e Grant
Rule 110-9.006 -
-.'--- ..- ------.--.-..----.--
,
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B ne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
2. Project Description: -Briefly describe proposed project activities. Refer to
Appendix II, Part 1, Pages 1-3 for a description of eligible project areas), You
should include project goals, administration, enhancement/expansion, staff,
service providers, clients or other participants, equipment, location, and expected
project results, as described in the application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
Project DescriDtion:
The Office of the Clerk of the Circuit Court Is that of a fee-based. independently
elected Constitutional Officer. Within the Clerk's organization Is a Management
Infonnation Services (MIS) division with 27 full time computer programmers.
technicians and management personnel. MIS provides a full range of
programming. security, systems. and maintenance services and support for the
Clerk's Office and several other governmental units.
Grant funds will be used by the Clerk of Courts MIS Department to contract for
software development services using the Clerk's standard competitive bid
policies and procedures.
The Clerk's MIS staff will work with FDLE and other government units to develop
a program which will assure the integrity of collected data, decrease the amount
of input resources through fully automated processes, and decrease reporting
times by implementing daily data transfers. This will achieve the required goals
of enhanced data integrity, expanded reporting ability, and timely infonnation
access, meeting the requested reporting levels and time frames.
In providing enhanced accuracy of data related to felony and misdemeanor
cases, and Increasing the frequency reporting of all such data to the Florida
Department of Law Enforcement and the Office of the State Court Administrator
to a dally. and/or ultimately to a "real time" reporting basis, this program will
provide assistance to countywide and statewide efforts to prevent and reduce
violent criminal acts.
-
Proiect Goals
. Goal 1 -- The proceeds of this grant will be used to fund the development of an
automated criminal information intake facility. This facility will give the Clerk's
Crimlnallnfonnation System the ability to accept infonnation electronically. The
facility will be based on industry standard networks and tools such as TCP/IP,
ODSC and XML. There is only one phase to this project. Agenda It mt o. 1 J2
FDLEB e Fonnula Grant A {feat/on Packa
Rule 110-9.006 -
"'"''' ......--,..----...,.".,.- -.."',,,_' --., ."~'""
_.
Application for Funding Assistance
"~- Florida Department of law Enforcement
Edward Bvrne Memorial State and local Law Enforcement Assistance Formula Grant Program
. Goal 2 - The proceeds of this grant will also fund the development of an Information
exchange capability between FDLE and the Circuit Clerk. This facility will allow the
transmission of blometrlc data (fingerprints) and receipt of Identification (OBTS
number, etc.) of the person who Is about to appear In Court. There are two phases
to this goal. The first phase Is to be able to perform the functions without the direct
use of AFIS or Live Scan tools. The second phase (not part of this grant) will be to
enable the use of live AFIS tools. Industry standards and protocols defined by NITS
such as EFTS, TCP/IP, XML and ODBC will be used as appropriate.
. Goal 3 - This grant will be used to develop the tools that enable the Clerk to submit
criminal Information to FDLE more frequently than it is currently done (monthly). It
Is expected that this can be done multiple times per week, with the eventual goal
being dally submissions.
Lona Ranae Goals
. A long-term goal for this project Is to install an Automated Fingerprint Identification
System with fingerprinting in each Collier County Courtroom. The capability is a
long-term goal for FDLE. Funds are NOT being requested under this Fiscal Year
Grant for an AFIS facility.
.',-"
APplicable Bvrne aoals
. Number 9 - Participate in System Integration Plans. The Clerk's MIS department
will work with FDLE to greatly Increase the amount of information transferred
electronically between the Clerk and FDLE.
. Number 3 - Automate Records. This project will greatly Increase the level of
automation and the electronic transfer of data between the Clerk and FDLE.
. Number 7 - Automate Fingerprint Identification Cards. This project will lay the
foundation for being able to electronically manage the submission of fingerprints to
FDLE. In the short term, fingerprint cards can be submitted on a timely basis for
individuals who have not previously been fingerprinted.
Proaram Administration
. The program shall be administered through the offices of Dwight E. Brock, Clerk of
the Courts, Collier County, Florida.
Services Provided
_. . The Circuit Clerk will be able to accept criminal Intake Information electronically and
populate the Clerk's CJIS with the data received from FDLE.
POLE B me Formul. G,..nt A Agenda It
Rule 110-9.006 -
...~...... .,,'" ........-"*""'"'.'..' ....."-'.. =,. ..- ~~''''-'--'---~-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B ne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
. The Clerk's CJIS system wiU be able to transmit real time messages containing
fingerprint cards to FDLE. These messages will announce Individuals about to
enter criminal court proceedings and will receive identification, including OeTS
number from FDLE.
. Regularly scheduled submissions of criminal data to FDLE will be increased in
frequency.
Proiect Results
. The Clerk and FDLE will have designed, developed, tested and Implemented several
system integration elements.
. The Clerk will be able to send FDLE on a "real time" basis, court Infonnation that
they need to know. Other data can be supplied daily.
.
. Automation of fingerprint identification cards will be accomplished by sending
digital images of fingerprint cards directly to FDLE, and the court receiving
verification of a person's Identity. Eventually, not as part of this grant,
Identification will be accomplished with AFIS equipment on-line.
. The modified system will have the ability to handle Juvenile data transmission
in the standard OBTS fonnat.
Participation
. The Collier County Circuit Clerk will design and develop the facilities and, with
FDLE, perfonn comprehensive tests of the facilities developed under the grant. By
awarding all or part of the grant request, FDLE Is indicating their commitment to
working with the Clerk.
FDLE 8 e Formul. Grant A
Rule 110-9.006 -
Application for Funding Assistance
- Florida Oepartment of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
3. Proaram Obiectives .and Performance Measures: Up to three types of
objectives may be included in this section of your subgrant application, i.e.,
Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If
you are proposing a project in one of the Authorized Program Areas with no
Uniform Objectives, contact FDLE, OffICe of Criminal Justtce Grants, at (850) 410-
8700 for further uidance. Continue on a second a e if necessa
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
(#) 15C - Criminal Justice Record Improvement
b. List Uniform Objectives first, followed by any other appropriate objectives you
may wish to address. If additional objectives are included" please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
-"''-'
Uniform Obiectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
15C.01 Conduct an analysis of the data elements necessary to
support the operational and administration Information
requirements of the agency as evidenced by the development
of a data dictionary.
15C.02 Identify reports necessary to support operational and
administrative Information requirements evidenced by the
development of report forms.
15C.03 Establish a time schedule of activities for phased
implementation of the system evidenced by a written plan of
action that Identifies the tasks and staff responsible for those
accomplishments.
15C.04 Automate a case management Information and offender-
based transaction system as evidenced by documentation of
- the system's hardware, software and operation policies.
FaLES . Fonnul. annt
Rule 110-9.006 -
--~-" .... ~-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4, Activity ImDlementation Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic,
An "x:' has been inserted for reports with mandatory due dates for all projects, Place an
addition~1 "X" to indicate times applicable to your project. as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterly Performance Reoorts will be reviewed aaainst this schedule,
Subgrant Period (October 1, 2004 - September 30, 2005)
Administrative Activities
ACTIVITY Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul AUQ SeD
Submit Financial Reimbursement X X X X X X X X X X X X
Requests
Submit Financial Ooseout Package X
2005
.
Submit Quarterly Program Reports X X X X
Submit Quarterly PGI Reports
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dee Jan Feb Mar Apr May Jun Jut Aug Sep
Evaluate Existing Software X
Develop Requirements wI FDLE X
Competitive Bid Process X
Programming X
Testing I Modifications X
Documentation X
Install Applications X
Training X
Final Implementation X
FDLEB . Formula Grant A
Rule 110-9.006 -
--~""-"'.-"'"
-.
Application for Funding Assistance
Florida Department of Law Enforcement
_. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
F. Project Budget
1. Budaet Schedule
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits,
Contractual SeNices. Expenses. Operating Capital Outlay, and Indirect Costs) and Total
Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
b, Enter the amount of federal, matching, and total funds by budget category that you will use to
support project activities. Enter dollar amounts only in applicable categories based on totals
from the Budget Narrative and leave others blank, Total Local Match must be a minimum of
25 percent of the Total Budget.
c, Show all figures rounded to the next highest dollar; do not include cents,
(Example $4,505.25 as $4,506),
Type or Print Dollar Amounts Only In Applicable Categories and Leave Others Blank.
Budget Category Federal Match Total
.
Salaries And
Benefits
-
Contractual $113,757 $48,753 $162,510
Services
Expenses
Operating Capital
Outlay
~i'~"~'~..~
i~~1&~' '. '. ~'it;t~ ....:f ,J
Indirect Costs ',..;-".:t '~_" :~Ji"" ~~,r,,,.
::i!t~#ji'~l;~J~~~-r~: 1~~?i:~'~
/,...~~)f\ft:;i..,...t~~'~J,.
"~1Il ~~"'~A1.'. '.. ...~-;;>i.,(::.
~i~.".~. '2",." {;..,.~ ",.,., ilf:..r'"
".' ,""~'';;'' ': .,'cr\,.' '.:\-' >""~.4.4'. '. t~ '.~h~'"
~;"~)~.,,' ~'t..--,l:.j '~:.-'!'.Ji.~'!;..~,...: .~.~t~-,"~!J.i'
Totals $113,757 $48,753 $162,510
-.
I FDLE Byrne Formula Grant AppllcaUon P.ckage
Rule 110-9.006 -
-----.'" .,-- '".~, '"u
Application for Funding Assistance -
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
..
I . 2. Budaet Narrative
,
a, The Project Budget Narrative may reflect costs in any of the five budget categories
(Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay
(OCO), Indirect Costs), The Total Project Costs should be included,
b. You must describe the line items for each applicable budget category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to
project activities. Reimbursements will only be made for items clearly identified in the
budget narrative.
c. Costs must not be allocated or included as a cost to any other federally financed
program.
(Continue on additional paaes if necessary,)
Please respond to the following five items before providing the details of the Budget Narrative,
1. Source of match must be cash and represent no less than twenty-five (25) percent
of the project's cost.
a. Identify your specific sources of matching funds.
Public Records Modernization Trust Fund - This trust fund derives
revenues from documents recorded In the public record and can only be
utilized for legally authorized purposes Including the enhancements to
access to public records.
b, Is match available at the start of the grant period? YES
c. If match will be provided from a source other than the subgrant recipient or the
implementing agency, how will the match be tracked and verified? (The
subgrantee is responsible for compliance.) Not Applicable
2, If Salaries and Benefits are included in the budget as Actual Costs br staff in the
implementing agency, is there a net personnel increase, or a continued net
personnel increase from the initial )ear? Not Applicable
No: If no, please explain.
Yes: If yes, please list number and title of position and type of
benefits.
3, Indicate the OCO threshold established by the SUbgrantee. $ Not Applicable
Agenda Item No. 16J2
FDLE Byrne Fonnu'a G,.nt AppffcaUon Package M-.y .4l#iuQOOt4
Rule 110-9.006 Section ''1 4'~~O -
OCJG - 005 (rev. Apnl )
,-_... Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4, If Indirect Cost is inclu~ed in ~ur budget please indicate the basis br the plan (e.g.
percent of salaries and benefits), and provide documentation of the appropriate
approval of this plan. Not Applicable
5, If the budget includes services based on unit costs, be sure to provide a definition
and cost for each service as part of the budget narrative for contractual services.
Provide the following information. Not Applicable
a. What is the basis for the unit costs?
b. How recently was the basis established or updated?
Budget Schedule
Contractual Services Hours Rate Total 70% 30%
Re9uest Match
Consulting Services
Goal 1 - Automated Intake 630 $90 $56,700 $39,690 $17,010
Goal 2 - lnfonnation Exchange 500 $90 $45,000 $31,500 $13,500
- Goal 3 - Rapid Reporting to FDLE 559 $90 $50,310 $35,217 $15,093
$152,010 $106,407 $45,603
Consultant Travel
Transportation $1,000
Lodging and Meals $750
Per Trip $1,750
Estimate - at least six trips will $10,500 $7,350 $3,150
be required*
*Relmbursement will confonn to
State of Florida Policy
Total all categories $162,510 $113,757 $48,753
.-
Agenda Item No, 16J2
FDLE Byrne Formula Grant Application Pachge bfett .QiuCi)QQ4
Rule 110-9.006 Secffon 1/1 Ba0f 00 -
OCJG - 005 (rev. April 2004)
-+".-._-,-
I
i
I
i
Application for Funding Assistance
Florida Department of Law Enfprc:ement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
Budget Narrative: ..
The only budget category used Is for Contractual Services. The costs sited
represent hourly fees for Consulting Services provided by a vendor. Travel will
be subject to the rules outlined in state travel policy. The services provided will
be technical in nature and will Include systems analysis, design, development
and testing of the proposed project.
Funds for the Clerk's matching portion of the grant will come from the Clerk's
general and special funds.
The vendor that provides these services will be selected through the State
approved competitive bidding process.
All funds will be expended or obligated during the project time frame.
.
The vendor will be expected to submit data to FDLE and OSCA with an error rate
of 4 percent or less.
Budget Categories
Salaries and Benefits-Not Applicable
Contractual Services-The service being acquired will allow the Clerk to
implement the proposed facilities within the time frame.
The Clerk's development staff is already committed to other
projects. The Contractual Services acquired will comply
with all tenns and conditions of the grant and with all
pertinent federal, state and local government policy.
Expenses--Not Applicable
Operating and Capital Outlay for Equipment-Not Applicable
Indirect Costs-Not Applicable
Agenda Item No, 16J2
FDLE Byrne Formula Grant Application Package Mfitt ~1I~lMi}4
Sec:tfon 111 &0f 00 -
Rule 110.9.006 OCJG - 005 (rev. April 20(4)
'" "",'..0'.",.., . .. >. ~ ..~,.."~ ~'.',""" ".,~~ ~.. ".... ~."...,"~~._~ . '" "0'
-. . ---
j Application for Funding Assistance
! Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
G. Conditions of Acceptance and Ag,:"ment
Conditions of agreement requiring compliance by unJts of local government (subgrant recipients), implementing
agencies and state agencles upon signed acceptance of the subgrant award appear in this section. Upon approval
of this subgrant, the approved application and the following terma of conditions will become binding. Failure to
comply with provisions of this agreement will result In required corrective action up to and including project costs
being disallowed and tennlnatlon of the project. as specified In item 16 of this section.
1. All Subgrant Recipients must eomplywlth the financial and administrative requirements set forth In the
current edition of the U.S. Department of Justice, OffIce of Justice Programs (OJP) Rnanc/al Guide and
Byrne PrognJm Guidance Document as well as Florida laws and regulations Including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement
Assistance Fonnula Grant Program.
2. Allowable Costs
a, Allowance for costs Incurred under the subgrant shall be detennined according to the general principles of
allowability and standards for selected cost items set forth In the OJP Financial Guide, V.S, Department of
Justice Common Rule for State And Local Governments and federal OMS Circular A-87, ~Cost Principles
for State. Local and Indian Tribal Govemments~. or OMS Circular A-21, ~Cost Principles for Educational
Institutions~.
b, All procedures employed in the use of federal funds for any procurement shall-be according to U.S.
Department of Justice Common Rule for State and Local Govemments, or OMS Circular A-110 and Florida
law to be eligible for reimbursement.
3. Reports
- a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shaU submit Quarterly Project Perfonnance Reports
to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination
date. In addition, if the subgrant award period Is extended beyond the ~orlginal~ project period,
additional Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterfy Perfonnance Reports that are complete, accurate and timely may result in
sanctions, as specified In Item 16 of Section G, perfonnance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the quantitative response
(in response to specific objectives and measures) and the qualitative narrative, The narrative must
reflect on accomplishments for the quarter, Incorporate specific Items specified for Inclusion in
perfonnance measures, and also identify problems with project implementation and address actions
being taken to resolve the problems.
b, Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end of the reporting period. Quarterfy Financial Claim Reports (1-3) are due thlrty-one (31) days
after the end of the reporting period. In addition, If the subgrant award period Is extended, additional
Financial Claim Reports shall be submitted. A final Financlal Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant tennination period, Such claim shall be distinctly identified as "fInal-,
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financlal Claim
Report Fonns prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs, Reports are to
be submitted even when no reimbursement is being requested.
- (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
Agenda Item No. 16J2
FaLE Byrne Fonnul. Grant AppIlclltJon P.ck.ge IHtt ~QQ4
Rule 11D-9.oo6 Section "1'PSCJf 00 -
OCJG - 005 (rev, April 2004)
--.--.. -,-~..._"-,-,.," ,-",,"-'.-
--
.-r>..-.__ -.--,0 ....__~__
~ ca on for Fundi n9 Assistance
. ..= .~~a pepartment of Law Enforcement
Edward B me Memorial Slailatldtocallaw Enforcement Assistance Formula Grant Pro ram
,
~
(4) Before the "fina~' &iJfi wjfI<be prOCessed. the subgrant recipient must submit to the Department all
outstanding profiGt reporti'and must have satisfied all special conditions. Failure to comply with the
above provlsloo$ &ball reSult in fOJfeiture of reimbursement
~
(5) The subgrant re~Mw~sh~submitauarterly Project Generated Income Reports to OCJG by February
1, May 1, Augu:tt c~.. and ynthin forty-five (45) days after Ule subgrant termination date covering
subgrant projec\ ~~~e~t~a, income and expenditures during the previous quarter, (See Item 10,
Program IncomJ.)" .,.' ."1,
c. Other Reports ;;;- $:
The subgrant recipient shall submit other reports as may be reasonably required by OCJG,
. ~ l./'.
4. Fiscal Control and Fund Accounting Procedures
a, The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper
disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on
this project shall be disbursed according to provisions of the project budget as approved by OCJG.
,_..-.- --...,
b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S,
Department of Justice Common Rule for State and Local Governments, and federal Office of Management
and Budget's (OMB) Circulars A-21, A-87, and A-110, In their entirety.
.
c, All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient.
tar'
5. Payment Contingent on ~J)f'PpriatJon
The State of Florida's performance and obligation to pay under this agreement Is contingent upon an annual
appropriation by the Florida legislature,
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the
termination date of the subgrant period. Only project costs Incurred on or after the effective date and on or prior
to the termination date of the subgrant recipient's project are eligible for reimbursement.
7. Advance Funding
Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U,S. Department of
Justice Common Rule for State andLocal Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds, This request, including
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursernentlJustification should address a 30/6019O-day need for cash based on the
budgeted activities for the period.
8. Reimbursement Subject to Available funds
The obligation of the State of Florida to reimburse subgrant recipients for Incurred costs Is subject to available
federal Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program funds.
9. Travel and Training
a. All travel reimbursement for out-of-state or out-of-grant-specified wor!< area shall be based upon written
approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain
written approval from the Department for reimbursement of training costs and related travel prior to
commencement of training, if the specific training was not listed In the approved budget Subgrant
recipients shall obtain written approval from the Department for reimbursement of travel oosts for field bips
that were not listed In the approved project description and budget.
b. The cost of all travel shall be reimbursed according to local regulations. but not in excess of provisions In
Section 112.061, Florida Statutes.
c, All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes,
FaLE Byrne Formul. Grant APPIlC~ ,1.-.. Agenda Item No, 16J2
May51101~
Section II'!-Bauf 80
Rule 110-9.006 OCJG - 005 (rev. April 2004) -
~,.'
I -----.--.
-
Application for Funding Assistance
<,"- Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period, as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 -
Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management
Improvement Fund).
11. APproval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant
when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day, Approval shall be
based upon the contract's compliance with requirements found In the OJP Financial Guide, U.S, Department of
Justice Common Rule for State and Local Governments, and In applicable state statutes. The Departmenfs
approval of the subgrant recipient agreement does not consUMe approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its
useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property fumished to it by the Department or purchased pursuant to this agreement
according to federal property management standards set forth in the OJP Fjnancial Guide, U.S.
- Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-110.
---- This obligation continues as long as the subgrant recipient retains the property, nolwithstanding expiration
-'----
of this agreement
13. Ownership of Data and Creative Material
.- Ownership of material, discoveries, inventions, and results developed. produced, or discovered subordinate to
this agreement Is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMB Circular A-110.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and Irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b, Arty rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend $500,000 or more in a year In Federal awards shall have a single or
program-specific audit conducted for that year, The audit shall be perfonned in accordance with the
federal OMB Circular A-133 and other applicable federal law. The Contract for this agreement shall be
identified in The Schedule of Federal Flnanclal Assistance in the subject audit. The contract shall be
identified as federal funds passed through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount, contract period, funds received and disbursed. When
applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10,550 and 10.600, Rules of the Florida Auditor
General.
b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be
complete, the submitted report shall Include any management letters Issued separately and management's
written response to all findings, both audit report and management letter findings, Incomplete audit reports
will not be accepted by the Department and will be returned to the subgrant recipient.
c, The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The
- IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
Agenda Item No, 16J2
FDLE Byrne Formula Grant Application Package ffiHf f&c.lilG4
Rule 110-9.006 Section II Sa0f 00 -
OCJG - 005 (rev. AprtI2004)
._..~ -_.. ~~ ....-- ._,-~ " -~ .-. -...,'.-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the Issue date of the
audit report In Instances of noncompliance with federal laws and regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its
designee, upon request for a period of three (3) years from the date the audit report is issued, unless
extended in writing by the Department.
f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from
the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which
can be in the form of the "Certification of Audit Exemption- form, shall be provided to the Department by the
Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to
the Department no later than March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover any
disallowed costs identified in an audit completed after such closeout.
h, The completed audit report or notification of non-applicability should be sent to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road .
Tallahassee, Florida 32308
16. Perfonnance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient,
the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems
appropriate including withholding payments and cancellation, tenninatlon, or suspension of the agreement in
whole or in part. In such event, the Department shall notify the subgrant recipient of Its decision thirty (30) days
in advance of the effective date of such sanction, The subgrant recipient shall be paid only for those services
satisfactorily performed prior to the effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a
revised project starting date,
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant
recipient shall send another letter to OCJG, again explaining the reason for delay and request another
revised project starting date.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified
or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other
Department approved projects, The Department, where warranted by extenuating circumstances, may
extend the starting date of the project past the ninety (90) day period, but only by formal written amendment
to this agreement.
18, Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of
any failure in performance of this agreement according to its terms (Including any failure by the subgrant
recipient to make progress in the execution of work hereunder which endangers such performance) if such
failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient.
Such causes Include, but are not limited to, acts of God or of the public enemy, acts of the govemment in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the
control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure
arises out of causes beyond the control of subgrant recipient and consultant, and without fault or
Agenda Item No, 16J2
FaLE Byrne Formulll G11Int Appll~t1on Packa"e MeJ~(c~4
Section 1I~~m130 -
Rule 110-9.006 OCJG - 005 (rev. ApnI2004)
!
Application for Funding Assistance
Florida Department of Law Enforcement
Edward BYrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
negligence of either of them, the. subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources,
(2) The Department ordered the subgrant recipient In writing to procure such supplies or services from
other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such
failure, and if the Department determines that any failure to perform was occasioned by one or more said
causes, the delivery schedule shall be revised accordingly.
19. Extension of. Contract for Contractual Services
Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes
all project budget categories) shall be In writing for a period not to exceed six (6) months and Is subject to the
same terms and conditions set forth In the Initial contract. Only one extension of the contract shall be
acceptable, unless failure to complete the contract is due to events beyond the control of the contractor.
20, Written Approval of Change. In this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes, These include,
but are not limited to: .
a. Changes in project activities, target populations, service providers, Implementation schedules, designs or
research plans set forth In the approved agreement;
b, Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget item; or,
c, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by
the Department Transfers do not allow for increasing the Quantitative number of items documented in any
approved budget Item, Le" Increasing the Quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.)
d. Under no circumstances can transfers of funds Increase the total budgeted award.
21. Disputes and Appeals
a, The Department shall make Its decision In writing when responding to any disputes, disagreements or
questions of fact arising under this agreement and shall distribute its response to all concerned parties. The
subgrant recipient shall proceed diligently with the performance of this agreement according to the
Departmenfs decislon.
b. If the subgrant recipient appeals the Departmenfs decision, the appeal also shall be made In writing within
twenty-one (21) calendar days to the Departmenfs cieN< (agency clerk), The subgrant reclplenrs right to
appeal the Departmenrs decision Is contained In Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
22, Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time. a representative of the
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
23, Access To Records
a, The Department of Law Enforcement, the Auditor General of the State of Florida, the U,S. Department of
-. Justice, the U.S, Comptroller General or any of their duly authorized representatives, shall have access to
books, documents, papers and records of the subgrant recipient, Implementing agency and contractors for
the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of
Agenda Item No. 16J2
FaLE Byrne Formula Grant Appll~tlon Package ~ ~ll<!iOO4 .
SectIOn '~~
Rule 110-9.006 OCJG - 005 (rev. "' ) -
.. ..-- - .-..-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B . Memorial State and Local Law Enforcement AssIstance Formula Grant Pro ram
Justice Common Rule for State and Local Governments,
b, The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient,
implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the
subgrant recipient or its contractor in conjunction with this agreement
24, Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date
of the final financial statement and be available for audit and public disclosure upon request of duly authorized
persons.
25. Signature Authority
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign SectIon I. Signature Page. have the
authority to request changes to the approved agreement The prior mentioned individuals have authority to
sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has
authority to submit requests for approval of specific travel, Financlal and Performance Reports, with the
exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the
Subgrant Recipient or authorized designee,
26. Delegation of Signature Authority .
When the authorized official of a subgrant recipient or the implementing agency designates some other person
signature authority for hlmlher, the chief officer or elected official must submit to the department a letter or
resolution indicating the person given signature authority. The letter indicating delegation of signature authority
must be signed by the chief officer or elected official and the person receMng signature authority. The letter
must also specify the authority being delegated.
27. Personnel Change.
Upon implementation of the project, In the event there Is a change In Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified In writing
with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by law for
employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply,
a, All positions in programs providing care to children, the developmentally disabled. or vulnerable adults for
15 hours or more per week: all permanent and temporary employee positions of the central abuse hot/ine;
and all persons working under contract who have access to abuse records are deemed to be persons and
positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F .S.,
using the level 2 standards set forth in that chapter,
b, All employees In positions designated by law as positions of tnJst or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment For
the purposes of the subsection, security background Investigations shall include, but not be limited to,
employment history checks, fingerprinting for all purposes and checks In this subsection, statewide criminal
and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal
records checks through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1 ) Any person who Is required to undergo such a security background Investigation and who refuses to
cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment
in such position or, if employed. shall be dismissed,
(2) Such background investigations shall be conducted at the expense of the employing agency. When
fingerprinting is required, the fingerprints of the employee or applicant for employment shall be
taken by the employing agency or by an authorized law enforcement officer and submitted to the
Agenda Item No. 16J2
FDLE Byrne Formula Grant Application Packa~ tmttt ..Qi~iG4
Section 'l2f8Q1f 00 -
Rule 110-9.006 OCJG - 005 (rev. April 2004)
,.'""
..-.--.-. . ._..... .------_. ---
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Department of Law Enforcement for processing and forwarding, when requested by the employing
agency, to the United States Department of Justice for processing, The employing agency shall
reimburse the Department of Law Enforcement for any costs Incurred by it In the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined In the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines -Defining Drug Courts: The Key Components-, January 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient
agrees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of program participation, The data collected must be available to
U.S, DOJ and FDLE upon request. .
30. OVertime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department
of Justice encourages consultation with all allied components of the aimlnal justice system In the affected
jurisdiction. The purpose of this consultation is to anticipate and plan for systemic Impacts such as increased
court dockets and the need for detention space. .
31. Criminal Intelligence System
a, The purpose of the federal regulation published In 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of
operating a criminal InteJligence system under the Omnibus Crime Control and Safe S1reets Ad of 1968, 42
U,S.C. 3701, et seq., as amended, use those funds In conformance with the privacy and constitutional
rights of individuals,
b. The subgrant recipient and a criminal justice agency that is the Implementing agency agree to certify that
they operate a criminal inteJligence system in accordance with Sections 802( a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth In 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and In the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made, If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal Intelligence system project to be In
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is
responsible for the continued adherence to the regulation govemlng the operetion of the system or faces
the loss of federal funds. The Departmenfs approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read, understands,
and agrees to abide by all of the conditions for confidential funds as set forth In the effective edition of OJP's
Financial Guide is required from all projects that are Involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or nationa' origIn shall be excluded from participation in, be
refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to TItle VI of
the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the
Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-
.....,., Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
Agenda Item No, 16J2
FaLE Byrne Fonnula GrlInt Applkatlon PIIckage Mett~Qa4
Sec:fIon 'tuBa0f.oo -
Rule 110-9.006 OCJG-005(rev, 20(4)
..'-.-. -..-.,," _.~...-
----- ..
~
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program
b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet
EEO program criteria as set forth in Section 501 ofThe Federal Omnibus Crime Control and Safe Streets
Act of 1968, as amended and that they have or have not formulated, implemented and maintained a
current EEO Program. Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or Implementing agency meet Act criteria but have not formulated,
imple~nted and maintained such a current written EEO Program, they have 120 days after the date this
agreement was made to comply with the Act or face loss of federal funds subject to the sanctions In the
Justice System Improvement Act of 1979, Pub. L 96-157,42 U.S.C. 3701, et seq, (Reference Section 803
(a) of the Act, 42 U,S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Infonnation).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an
aggregate of grant awards for $1,000,000 or more during any 18 month period In federal funds, must have
approval of its EEO Plan by the U.S, DOJ, Office for Civil Rights (OCR), The subgrantee shall submit its
EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper
copy and electronic format. If the U.S, DOJ, OCR has approved an agency's EEO Plan during the two
previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a
copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an
updated Plan must be submitted.
d, In the event a Federal or State court of Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, (lational origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
34. Americans with Disabilities Act
SUbgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-
336, which prohibits discrimination by public and private entities on the basis of disability and requires certain
accommodations be made with regard to employment (TItle I), state and local govemment services and
transportation (Title II), public accommodations (Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section
274A(e} of the Immigration and Nationality Act rINA"). The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the sUbgrant
recipient of the employment provisIons contained In Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of sUbgrant funds by the subgrantee. This applies to the following
new activities whether or not they are being specifically funded with these sUbgrant funds, That is, it
applies as long as the activity is being conducted by the subgrantee or any third party and the activity
needs to be undertaken in order to use these sUbgrant funds,
(1 ) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an Incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or educational environments.
Agenda Item No, 16J2
FDLE Byrne Fonnw. Grlnt ApplIcation Package ~~
Section 00 -
Rule 110-9.006 OCJG - 005 (rev. April 2004)
. ,..~
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B ne Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee, upon specific request from the Department and the U,S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
fund4Mi program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR,
Part 85, Section 85.510, Particlpanfs Responsibilities). These procedures require the subgrant recipient to
certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared Ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by
the Department
38. Federal Rntrfctlons on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall
file the most current edition of the Certification And Disclosure Form, if applicable, with each submission
that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative
agreement of $100,000 or more; or federal loan of $150,000 or more.
b. This certifICation Is a material representation of fact upon which reliance was placed when this agreement
was made. Submission of this certification Is a prerequisite to entering into this agreement subject to
conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to
file the required certification Is subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
.<._"
(1) No federally appropriated funds have been paid or shall be paid to any person for Influencing or
attempting to influence an officer or employee of any 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 loan, the entering Into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
,
i (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to
I influence an officer or employee of congress, or an employee of a member of congress in connection
with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and
submit the standard form, Disclosure of Lobbvina ActIvities. according to its Instructions,
(3) The undersigned shall require that the language of this certification be included in award documents
for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly.
39. State Restrictions on lobbying
In addition to the provisions contained In Item 38 of SectIon G, Conditions of Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency Is prohibited under this
contract
40, "Pay -to-Stay"
Funds from this award may not be used to operate a .pay-to-stay" program In any local jail. Furthermore, no
funds may be given to local jails that operate "pay-to-stay" programs. .Local jair, as referenced in this
condition, means an adult facility or detention center owned and/or operat4Mi by city, county, or municipality. It
does not include juvenile detention centers. "Pay-to-stay" programs as referenced In this condition, means a
program by which extraordinary services, amenities and/or accommodations, not otherwise available to the
general Inmate population, may be provided, based upon as offender's apparent ability to pay, such that
disparate conditions of conflnement are created for the same or similar offenders within a jurisdiction.
41. MItigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine
- Laboratories
If an award Is made to support methamphetamine laboratory operations the subgrant recipient must comply with
Agenda Item No. 16J2
POLE Byrne Formula Gf'/Int Application Packaae Wibt~ai~
Section _ 3V .
Rule 11 D-9.006 OCJG - 005 (rev. AprlI2004)
-_..< --.,... _.,-,,- . ..... . ,-- -".._"._.~ --.--.-..-'.-.
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Asilltance Formula Grant Program
this condition, which provides for !ndividual site environmental assessmentlimpact statements as required under
the National Environmental Policy Act
a. General Requirement The subgrantee agrees to comply with Federal, State, and local environmental,
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving
the identification, seizure, or closure of clandestine methamphetamine laboratories can result In adverse
health, safety and environmental Impacts to (1) the law enforcement and other governmental personnel
involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory;
(3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety
and environmental impacts from any of clandestine methamphetamine operations funded under this award, it
will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding
to include funding, as necessary, beyond that provided by this award; and (3) implement these protective
measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may
implement these protective measures directly through the use of Its own resources and staff or may secure the
qualified services of other agencies, contractor or other qualified third party. .
1, Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure
or closure if of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training
for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or
closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
4. Assign property trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5, Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
6, Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the
sites of seized laboratories at property licensed disposal facilities or, when allowable, property
licensed recycling facilities;
7, Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately
above In order to ensure proper compliance;
8, Have in place and Implement an inter-agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii)
coordination with the responsible party, property owner, or others to ensure that ant residual
contamination is remediated, if necessary, and in accordance with existing State and Federal
requirements; and
9, Included among the personnel involved In seizing of clandestine methamphetamine laboratories, or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or Jiving at the seized laboratory site, Response
actions should include, at a minimum and as necessary, taking children into protective custody,
Immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
Agenda Item No. 16J2
FDLE B . Formulll Grlmt A Mfi.y 4
Section II -
Rule 110-9.006 OCJG - 005 (rev. April 2004)
--
\
I
!
..-, Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Anlstance Formula Grant Program
42. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency (LEP), To
ensure compliance with TItle VI and the Safe Streets Act, recipients are required to take reasonable steps to
ensure that LEP persons have meaningful access to their programs, Meaningful access may entail providing
language assistance services, including oral and written translation when necessary. The U.S. Department of
Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document
can be accessed on the Intemet at 'NWW.lep.gov. or by contacting OJP's Office for Civil Rights at (202) 307.
0690, or by writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
.
~-
,-
Agenda Item No, 16J2
FDLE Byrne Formula Grant Application Packa". s~~~~~
-
Rule 110-9.006 OCJG- 005 (rev. April 2004)
"...". -,,,,._,,,- --",->"-~,,,..._-,._....,^-,...._-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTIFICA TION
I, the undersigned authorized offlcla', certify that according to Section 501 of the Omnibus Crime
Control and Saf. Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . .
(Select one of the following):
L- Meets Act Criteria _Does not meet Act Criteria
I affirm that I have read the Act criteria set forth In the Subgrant Application Instructions. I
understand that if the Subgrant Recipient meets these criteria, It must formulate, Implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Subgrant Recipient. . . (Select one of the following):
--L. Has a Current EEO Plan - Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ .
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: Donna Fiala
Title: Chairperson
Subgrant Recipient: Collier County Board of County Commissioners
Date:
Agenda Item No, 16J2
FDLE Byrne Fonnula Grant ApplIcation Package ~Y~~4
Section II f)i~u -
Rule 110-9.006 OCJG - 005 (rev. April 2004)
",-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
IMPLEMENTINGAGENCYCERTIRCATION
I; the undersigned authorized official, certify that accardlng to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this lmplementlng Agency. . .(Select one of
the following):
X Meets Act Criteria _Does not meet Act Criteria
I affirm that I have read the Act criteria set forth In the Subgrant Application Instructions. I
understand that If the Implementing Agency meets the.e criteria, It must formulate, Implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Implementing Agency. . . (Select one of the following):
X Has a Current EEO Plan _Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient. .
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written
EEO Plan. federal law requires it to formulate, implement. and maintain such a Plan within 120 days after a
~nt application for federal assistance is approved or face loss of federal funds.
; I
I I
I
: Dwlaht E. Brock
Name of Subgrant Recipient: Collier County Board of County Commissioners
Name of Implementing Agency: Clerk of the Circuit Court. Collier County Florida
Title: Clerk of the Circuit Court
Date: 6'/"yJy
-
,
Agenda Item No. 16J2
FDLE Byrne Fonnul. G,."nt Appllc.tlon P.ck.ge Maltt~
Section ~ -
Rule 110-9,006 OCJG- 005 (rev,Apr112004)
~
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local law Enforcement Assistance Formula Grant Program
H. SI
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
ComtCtions on this page, Including
Strikeovers. whiteout, etc. are not acceptable.
..~~git)i';~\t_:.~~~~~W~~:~~*i,:'~;~,[t#,~,{;
Signature:
Typed Name and Title: Clavton H. Wilder. Community Proaram Administrator
Date:
. ..... ,,'''. - ., ..~ ....~' ,
.....'.~r.... . "~~'''~;''';'''' "-.,,,,~~;...' '.m l-
t... 'l-:.:~~t~. ;:':~~\~~/~.;~:::~.'iJ~ ~~.-:~~,~..~=-.~ ~.
- -~.. .....,,.. ,. ... !-. ":'~~-"'-~'..... .. t..~t
i~{~:~:1:":::.:ft:j;1(J?~~~{ :.,c ,.~ _~. .
Typed Name of Subgrant Recipient Collier County Board of County Commissioners
Signature:
Typed Name and Title: Donna Fiala. Chalroerson
I Date:
;.'2;;:1I&4~.~~~,~r~~~Bfii
Typed NreOf Implementing Agency: Clerk of the Circuit Court. Collier County Florida
r,
. i'~ _.-~ .
Signature: / e..
Date:
Agenda Item No. 16J2
FDLE B e Fonnula GnJnt A ~}H ~ 4
Section -
Rule 110-9.006 OCJG - 005 (rev. Aprtl2004)
--...--- ,_.
...-.
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A
DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND
SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE
ORDERS SERVE A VAllD PUBLIC PURPOSE AND AUTHORIZE THE
EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES.
OBJECTIVE: To have the Board of County Commissioners make a
determination whether the purchase orders opened from May I, 2004 through May 14,
2004 serve a valid public purpose and authorize the expenditure of County funds to
satisfy said purchases.
CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office
has prepared a detail list of all purchase orders that have not previously been approved by
the Board of County Commissioners that were opened for the period May 1, 2004
through May 14, 2004. This report is available for inspection and review in the County
Manager's Office.
FISCAL IMPACT: The goods and services included in the aforementioned report have
all been previously appropriated.
...-....
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
related to this item.
RECOMMENDATION: That the Board of County Commissioners make a
determination of whether the purchases of goods and services documented in the detailed
report of open purchase orders serve a valid public purpose and authorize the expenditure
of County funds to satisfy said purchases.
Prepared By: .J-- Y. ~ Date: 51fh Y
, I
J L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
Reviewed and c: ~ c ~ Date: ~-f,c; I to'..e
Approved By: . 0
Constance Murray
.,- General Operations Manager
Agenda Item No. 16J3
May 25, 2004
Page 1 of 2
,..--....-
"",,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16J3
Item Summary That the Board of County Commissioners make a determination of whether the
purchases of goods and services documented in the Detailed Report of Open
Purchase Orders serve a valid public purpose and authorize the expenditure of
County funds to satisfy said purchases. A copy of the Detailed Report is on
display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building,
3301 East Tamiami Trail, Naples, FL.
Meeting Date 5/25/2004 9:00:00 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/2004 9 :45 AM
_.
-
Agenda Item No. 16J3
May 25, 2004
Page 2 of 2
-- 'w_... _.._,.."....__...,_;,.._~"_M. . ----~--_.,,~~..^"-_._-_.~-.'",_..~-
--. EXECUTIVE SUMMARY
Authorize the Making of Offers of Judgment for Parcels 119,121,821,921,128
and 728 in the Golden Gate Parkway Project (Livingston Road to Santa
Barbara Boulevard #60027)
OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section
73,032, F.S. for the condemnation of Parcels 119, 121, 821, 921, 128 and 728 in the Golden Gate
Parkway Project (Livingston Road to Santa Barbara Boulevard # 6(027).
CONSIDERATIONS: Eminent domain actions were filed in May and June of 2003 for the
acquisition of Parcels 119, 121, 821, 921, 128 and 728 for the 6-laning of Golden Gate Parkway
from Livingston Road to Santa Barbara Boulevard. In September of 2003, Orders of Taking were
entered by the Circuit Court and the good faith estimate of value for these parcels as listed below
were deposited into the Court registry on September 26, 2003 and October 2, 2003, thereby vesting
title in the parcels in Collier County.
The proposed Offers of Judgment, copies of which are attached as Exhibit "A", offer the property
owners approximately 20% above the deposit of the County's good faith estimate of value at the
hearing on the Orders of Taking.
,.-. Proposed Offer
Parcels O.T, Deposit of Judgment Difference
119, 121,821,921 $ 45,300,00 $ 55,748.00 $ 10,448,00
128, 728 $ 14,300,00 $ 18,000.00 $ 3,700.00
The County Attorney's Office has reviewed all considerations in making the Offers of Judgment
and has calculated in good faith these offers of full compensation for the property interests taken,
This office considers the terms of the Offers of Judgment to be reasonable. If the property owner
rejects the Offer of Judgment and the case is settled at an amount below the proposed Offer of
Judgment, then the County is not responsible for the owner's expert fees from the date of the
rejection of the offer.
FISCAL IMPACT: Funds in the amount of $14,148,00 are available from Transportation Impact
Fee Funds. Source of funds are Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners approve the terms of the
Offers of Judgment and authorize its service upon Respondents; approve the expenditure of funds as
stated; and approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment
including attorney's fees pursuant to Section 73.092(1), F.S,
~
Agenda Item No, 16K1
May 25,2004
Page 1 of 6
~,..- .'".~'<~_;~"~h""~;_""""'""'.';,"",,",h"~"'^'''','''-'''''' .... ,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16K1
Item Summary Authorize the Making of Offers of Judgment for Parcels 119, 121, 821. 921, 128
and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara
Boulevard #60027)
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Heidi F. Ashton Assistant County Attorney
County Manager's Office County Altomey Office
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportlon Services Transportation Engineering and 5111/2004 3:20 PM
Construction
Approved By
Sharon Newman Accounting Supervisor Date
Transportlon Services Transportation Administration 5112/20044:34 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5113/20041:40 PM
Approved By
Lisa Taylor ManagementiBudget Analyst Date
Transportlon Services Transportation Administration 5114/200410:12 AM
Approved By
David C. Weigel County Altorney Date
County Manager's Office County Attorney Office 5117/20049:01 AM
Approved By
Pat Lehnhard Administrative Assistant Dale
County Manager's Office Office of Management & Budget 5117/2004 10:05 AM
Approved By
Susan Usher Senior ManagementiBudget Analyst Date
County Manager's Office Office of Management & Budget 5117120041 :45 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5117/2004 5:44 PM
Approved By
James V. Mudd County Manager Dale
Board of County COllnty Manager's Office
Commissioners 5118/20048:34 AM
Approved By
Gregg R. Strakaluse Transportation Engineerlngl
Construction Mgmt Director Date
Transportlon Services Transportation Engineering and 51412004 8: 12 AM
",_. Construction
Agenda Item No. 16K1
May 25, 2004
Page 2 of 6
- ._._,"-"'
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, Case No,: 03- 2196-CA
Petitioner, Parcel Nos,: 119, 121,821 & 921
vs.
ROBERT J. DERR, et aI.,
Respondents.
I
OFFER OF JUDGMENT
TO: CharlesR.Forrnan,Esqurre
FORMAN HANRATTY & MONTGOMERY
320 NW Third Avenue
P. O. Box 159
Ocala, FL 34478
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, F.S, and
Fla,R.Civ,P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent,
ROBERT J. DERR, for all compensation, including severance damages, business damages,
statutory interest, costs to cure, together with the value of the taking, and any other claims of
Respondent, ROBERT J. DERR, arising out of the taking of Parcels 119, 121, 821 and 921, in the
total amount of Fifty-Five Thousand Seven Hundred Forty-Eight Dollars and NollOO
($55,748.00), which includes the amount of $45,300,00 which was deposited pursuant to the Order
of Taking dated September 12, 2003,
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorneys fees and costs.
Agenda Item No, 16K1
May 25, 2004
Page 3 of 6
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent(s) review upon reasonable
notice of such a request.
Dated this _ day of May, 2004.
OFFICE OF THE COUNTY ATIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY: (j
.~- HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
ATIORNEY FOR PETITIONER
CERTmCA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Charles R. Fonnan, Esquire, FORMAN HANRATIY & MONTGOMERY, 320 NW Third
Avenue, P. O. Box 159, Ocala, FL 34478 this _ day of May, 2004 via regular United States Mail.
HEIDI F. ASmON, ESQUIRE
."'.....-
Agenda Item No. 16K1
May 25, 2004
Page 4 of 6
"--'--- ... .... ....,..-........."'.----,--'''. -,-".~-,-~._,~,-~- -_..,--,.....
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, Case No,: 03-2273-CA
Petitioner, Parcel Nos.: 128 & 728
vs.
TERRY L. LICHLITER, et al.,
Respondents.
I
OFFER OF JUDGMENT
TO: Charles R, Forman Esquire
FORMAN HANRA TrY & MONTGOMERY
320 NW Third A venue
P. 0, Box 159
Ocala, FL 34478
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, F.S., and
Fla,R,Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondents,
TERRY L. LICHLITER and DEBORAH LICHLITER, for all compensation, including severance
damages, business damages, statutory interest, costs to cure, together with the value of the taking,
and any other claims of Respondents, TERRY L. LICHLITER and DEBORAH LICHLITER,
arising out of the taking of Parcels 128 and 728, in the total amount of Eighteen Thousand and
No/100 Dollars ($18,000.00), which includes the amount of $14,300.00 which was deposited
pursuant to the Order of Taking dated September 19, 2003,
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorneys fees and costs.
Agenda Item No. 16K1
May 25, 2004
Page 5 of 6
--
,-,
The construCtion plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent(s) review upon reasonable
notice of such a request.
Dated this _ day of May, 2004.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY: ~~
HErrDIF.ASHTON,ESQUIRE
,.,- Florida Bar No. 0966770
ATIORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Charles R. Fonnan, Esquire, FORMAN HANRATTY & MONTGOMERY, 320 NW Third
Avenue, P. O. Boll. 159, Ocala, FL 34478 this _ day of May, 2004 via regular United States Mail.
HEIDI F. ASlITON, ESQUIRE
-
-
Agenda Item No. 16K1
May 25, 2004
Page 6 of 6
-
..._- h. ~ -- ,-- .-..-....- ._~-'
,-
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Nellie
Whitehurst, for Parcel No. 153 in the amount of $30,000.00 in the lawsuit
styled Collier County v. John Frank Sudal, et al., Case No. 02-5168-CA
(Immokalee Road Project No. 60018).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondent, Nellie Whitehurst ("Respondent"), in the amount of
$30,000.00, as full compensation, excepting attorney's fees and costs, for the fee simple
acquisition arising out of the condemnation of Parcel No. 153 in Collier County v. John Frank
Sudal, et al., Case No. 02-5168-CA.
CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 153 for the Immokalee Road Project (Project
No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum
of $26,100.00 for Parcel 153 in accordance with the Order of Taking.
The Offer of Judgment, a copy of which is attached, offers the property owner the sum of
$30,000.00 as full compensation for the property taken, including interest, any severance
damages, business damages, damages to the remainder and costs to cure, but does not include
,,- attorney's fees and other such costs. The making of the Offer of Judgment will require the
Respondent to carefully assess her claims for compensation. Respondent will have thirty days
from the date of mailing the offer to accept. If Respondent accepts, the County will be required
to deposit $3,900.00 into the registry of the Court, which will be paid to Respondent by
Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more
than $30,000.00 for Parcel 153, either through settlement or jury verdict, the County will not be
required to pay any costs incurred by Respondent after the date of the offer's rejection. This
would include any expert witness fees, such as appraisal fees.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $3,900.00 are available in the FY 04 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on Respondent;
2. Approve the expenditure of funds as stated, if the offer is accepted~
,- 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment,and
authorize payment accordingly.
Agenda Item No. 16K2
May 25, 2004
1 of 5
.--" .,".."."...,-"~,,,. - _'_'.'__,._..'M"'H~'"_,,~,,, -......."-,....,--,._"..""'.,,,._.....>>..,-~~~'
~,_.- ~,,,.,,,...._,--_."-,,.~..-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16K2
-
Item Summary Aulhor!:le Ul6 f!~akmg of an Offu! of Judgment to Respondont, Nellio Whitehurst.
lor Parcel No. 153 in the amounl of 530,000,00 in the lawsl;,l st}~"d ColI'ur
COlJflty v. John Frank SUllal, ut aI., Cas.E1 No. 02.5168-CA (Ir!1f!'okatoo Road
Project No, 60e 1 a),
Meeting Date 5/2512004 9:00:00 AM
Prepared By
Jeffrey C. Clapper Legal Assistant
COUt1ty Manage"'. Office County Attorney Office
Approved By
Ellen T. Chadwell Assistant County Attorney Date
County Manager's 01fiec County Attorney OffIce 51101200.8:51 AM
Approved By
Sh.lron Newman Accounting Supervisor Oa..
Transport/on Servlc.s Tr.nsportatlon Administration 5/11,'20042:.7 PM
Approved By
Kevin Hendricks Right Of Way Acqui$ition Manager 0...
Transportion Services Transpo"-.ation Eniineering and 5/11/200.3:2. PM
Construction
Appro,'ed By
LIsa Taylor Management/Budget Analyst Date
Tromsportion Serv!ce' Transportation AdmInIstration 5!12,'2004 1 :.2 PM
Appro,'ed By
Norm E. Feder. AICP Transpor"....'tion Oivi5ion Administrntor O..lte
Transportion Services Transportation Services Admin. 5/13!200.1:41 PM
Appro,'ed By
Gregg R. Slrakatun Transport..alion Enginecrln9J
Construction Mgmt Director Oate
Transponation Engineering and
Transportlon Services Construction 5114,'200410:19 AM
Approved By
David C. Weigel Cour.ty Attorney Date
County Manager, Office County Attorney Office 51171200.9:03 AM
Approved By
Pat lehnhard Adrr-inistratlve Assistant Date
County Manager's Office Office of Management & Budget 5117.'200410:08 AM
Approved By
SU$itn Usher Senior M.1na:gemr.fltJ'Budget Analyst Date
County Manager"s Office Office or Management & Budget 5117;20041:50 PM
Appro,'ed By
Michael Srnykowskl Management & Budget Director Date
County Managor's Office Office of Management & Budget 51171200.5:.6 PM
Approved By
Jame, V, Mudd County M.n.ger Da..
Board of County County Manager's Offic.
Commi&loiooers 5/18,'20046:00 PM
-
Agenda Item No, 16K2
May 25. 2004
2 of 5
~~'.._',.~-~,_..". -.,.,.."~.."""."._",<,,,,--_...._. "."""--..,- ..-.... ,+,.-.--- ......---- "--,,._--
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner, Case No. 02-5168-CA
v. Parcel No.: 153
JOHN FRANK SUDAL, et al.,
Respondents.
I
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondent, NELLIE WHITEHURST, as to Parcel 153 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice has been furnished via
Regular U.S. Mail to Stephen E. Dalton, Esq., Pavese, Haverfield, et al., 1833 Hendry Street, Ft.
Myers, FL 33901 and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box
887, Marco Island, FL 34146 on this _ day of May, 2004.
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
A TTO~iTmRlwr.nNdOmK{2
May 25, 2004
3 of 5
- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner, Case No. 02-5168-CA
v. Parcel No.: 153
JOHN FRANK SUDAL, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Nellie Whitehurst
c/o Stephen E. Dalton, Esq.
Pavese, Haverfield, et al.
1833 Hendry Street
Ft. Myers, FL 33901
Plaintiff, COLLIER COUNTY, FLORlDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, NELLIE WHITEHURST ("Respondent"), for all compensation, including
severance damages, business damages, costs to cure, together with the value of the taking, and
any other claims of Respondent arising out of the taking of Parcel 153, in the total amount of
Thirty Thousand and NollOO Dollars ($30,000.00), for Parcel 153, which includes the amount
of $26,100.00 which was deposited pursuant to the Order of Taking dated May 13,2003.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does include interest from the date of the Order of Taking but does not include attorneys
-
fees and costs.
Agenda Item No. 16K2
May 25, 2004
1 40f5
---" --"'- - ~'~"'''''''''~'----~~,..,- '"'-- -,." _._._"~-~--~-
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of May, 2004.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
A TIORNEY FOR PETITIONER
Agenda Item No. 16K2
May 25, 2004
2 5 of 5
1',.,,.,.
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment or Expert Fees and Costs for
Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia,
Jr., et. aL, Case No. 04-0031-CA (Vanderbilt Beach Road Project #63051).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of expert fees and costs with respect to Parcels 159 and 160 in the lawsuit styled Collier
County v. Anthony DiNorcia, Jr., et ai., Case No. 04-0031-CA.
CONSIDERATIONS: On January 5, 2004, a Petition in Eminent Domain was filed in Collier
County Circuit Court for the acquisition of parcels for the 6-laning of Vanderbilt Beach Road
between Airport Road and Collier Boulevard. On April 14, 2004, a Stipulated Order of Taking and
Final Judgment was entered by the Court wherein the property owner was fully and fairly
compensated for the property interests taken for Parcels 159 and 160. On April 26, 2004, Collier
County deposited with the Registry of the Court the sum of $40,000.00 for Parcels 159 and 160,
thereby vesting title in the parcels in Collier County.
The County is now required to pay the reasonable costs of the property owner pursuant to Section
73.091, F.S. The property owner's experts have agreed to accept the sum of $918.00 for appraisal
fees, $967.50 for planning and engineering fees and $50.00 for reimbursable costs for Parcels 159
and 160. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached
as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $1935.50 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $1935.50 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account on
behalf of the property owner for appraisal fees, planning fees and engineering fees for Parcels 159
and 160.
'-
Agenda Item 16K3
May 25, 2004
1 of 5
-". <,. "',',~"'''":"''''''''-'''''''';-~'''''-, ,'".~'" "'.....',,,:""'._......_..-..._-_.,,"~",._-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16K3
Item Summary Approve Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia.
Jr.. el. al.. Case No. 04-0031 -CA (Vanderbilt Beach Road Project #63051),
Meeting Date 5/25/2004 9:00:00 AM
Pr~pared By
Heidi F. Ashton As.latant County Attorney
County Manager's Office County Attorney OffIce
Approved By
Lisa Taylor ManagemenllBudget Analyst Date
Transportlon Services Transportation Administration 5/1212004 1: 35 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12120044:31 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportlon Services Transportation Engineering and 5/1212004 2: 34 PM
Construction
Approved By
Gregg R. Strakaluse Transportation Engineering!
Construction Mgmt Director Date
,-
Transportation Engineering and
Transportion Services Construction 5/13/20045:41 PM
Approl'ed By
Norm E. Feder. AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5/13/20041:43 PM
Approved By
David C. Weigel County Attorney Date
County Manager's Office County Attorney Office 5111/20049:10 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/11/200410:13 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/11/20041:59 PM
Approved By
Michael Smykowskl Management & Budget Director Oate
County Manager's Office Office of Management & Budget 5/1112004 5:48 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
-" Commissioners 5118/2004 6:04 PM
Agenda Item 16K3
May 25. 2004
20f5
---.'" .' -~ -"-~"",-.,,,<,,-..,,,,--,~., -
----
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, Case No.: Q4-0031-CA
Petitioner, Parcel Nos.: 159 & 160
vs.
ANTHONY DINORCIA, JR., et aI.,
Respondents.
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
ANTHONY DINORCIA, JR., by and through his undersigned counsel, for entry of an Agreed
Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, ANTHONY DINORCIA, JR., receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Hundred Eighteen Dollars
and No/I00 ($918.00) for appraisal fees incurred in connection with Parcels 159 and 160; it is
further
ORDERED that Respondent, ANTHONY DINORCIA, JR., receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Nine Hundred Sixty-Seven Dollars and 501100
($967.50) for planning and engineering fees incurred in connection with Parcels 159 and 160; it is
further
Agenda Item 16K3
May 25, 2004
3 of 5
ORDERED that Respondent, ANTHONY DINORCIA, JR., receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fifty Dollars and NollOO ($50.00) for reimbursable
costs incurred in connection with Parcels 159 and 160~ it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Nineteen Hundred Thirty-Five Dollars and 50/100 ($1935.50) to GAYLORD MERLIN
LUDOVICI DIAZ & BAIN TRUST ACCOUNT, c/o Lorena Hart Ludovici, Esquire, Gaylord
Merlin Ludovici Diaz & Bain, 5001 West Cypress Street, Tampa, FL 33607-3887 for appraisal
fees, planning fees and engineering fees for Parcels 159 and 160.
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o
Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East Tarniarni
Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance
~-
with Section 28.33, F.S.~ it is further
DONE AND ORDERED this _ day of , 2004, in Naples, Collier
County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Lorena Hart Ludovici, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
,.-
Agenda Item 16K3
May 25, 2004
4 of 5
",.."-........._.._-~,." ... -'.~ ._,.._~ ..........-.-
_._-
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
-
foregoing Agreed Order as to Parcels 159 and 160.
Dated: Dated:
@
LORENA HART LUDOVICI, ESQUIRE HEIDI F. ASHTO~, ESQUIRE
Florida Bar No.: 847062 Florida Bar No.: 0966770
GA YLORD MERLIN LUDOVICl DIAZ & BAIN COUI\'TY ATTORi....'EY.S OFFICE
5001 West Cypress Street HaImon Turner Building
Tampa, FL 33607-3887 3301 East Tamiami Trail
(813) 221-9000 - Telephone Naples, FL 34112
(813) 221-9030 - Facsimile (239) 774-8400 - Telephone
A TIORNEY FOR RESPONDE1\11' (239) 774-0225 - Facsimile
ATTOR~'EYFORPETn10NER
Agenda Item 16K3
May 25, 2004
5 of 5
,-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Appraisal Fees and
Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier
County v. Faith Bible Church of Naples, Inc., et. al., Case No. 99.2165-CA
(Immokalee Road Project #69101).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of appraisal fees and engineering fees with respect to Parcels 100, 101 and 700 in the
lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA.
CONSIDERATIONS: On August 27, 1999, an Order of Taking was cntercd in Collier County
Circuit Court regarding the acquisition of Parcels 100, 101 and 700 for the Immokalee Road project
(Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the
Court the sum of $16,750.00 for Parcels 100, 101 and 700 thereby vesting title in the parcels in
Collier County.
On March 24, 2004, a Stipulated Final Judgment was entered whereby the property owner was
- fully and fairly compensated for the property interests taken in the amount of $24,000.00. The
County is now required to pay the reasonable costs of the property owner pursuant to Section
73.091, F.S. Through ncgotiations, the property owner's experts have agreed to acccpt the sum of
$4300.00 for appraisal fees and $5300.00 for engineering fees for Parcels 100, 101 and 700. The
County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $9600.00 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $9600.00 to the Earle & Patchen Trust Account on behalf of the property
owner for appraisal fees and engineering fees for Parcels 100, 101 and 700.
-
Agenda Item No. 16K4
May 25, 2004
Page 1 of 5
,,-~.
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16K4
Item Summary Approve Agreed Order and Authorize Payment of Appraisal Fees and
Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier
County v. Faith Bible Church of Naples, Inc., et. aI., Case No. 99-2165-CA
(Immokalee Road Project #69101).
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Heidi F. Ashton Assistant County Attorney
County Manager's Office County Attorney Office
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportion Services Transportation Administration 5/12/2004 1 :33 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12/20044:37 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
-,
Transportation Engineering and
Transportion Services Construction 5/12/20042:36 PM
Approved By
Gregg R. Strakaluse Transportation Engineering/
Construction Mgmt Director Date
Transportion Services Transportation Engineering and
Construction 5/13/20048:37 AM
Approved By
Norm E. Feder, AIC? Transportation Division Administrator Date
Transportion Services Transportation Services Admin. 5/13/20041:46 PM
Approved By
David C. Weigel County Attorney Date
County Manager's Office County Attorney Office 5/17/20049:15 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5/17/200410:15 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
"-..... County Manager's Office Office of Management & Budget 5/17/20042:03 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget Agenda It
.-.....-.. ~.~. . -~,--,..."'-.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, Case No.: 99-2165-CA
Petitioner, Parcel Nos.: 100,101&700
vs.
FAITH BIBLE CHURCH OF NAPLES,
INe., et aI.,
Respondents.
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
FAITH BIBLE CHURCH OF NAPLES, INC" by and through its undersigned counsel, for entry of
an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, FAITH BIBLE CHURCH OF NAPLES,
INC" receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty-Three Hundred
Dollars and No/loo ($4300.00) for appraisal fees incurred in connection with Parcels 100, 101 and
700; it is further
ORDERED that Respondent, FAITH BIBLE CHURCH OF NAPLES, INe., receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-Three Hundred Dollars and
NollOO ($5300.00) for engineering fees incurred in connection with Parcels 100, 101 and 700; it is
further
Agenda Item No. 16K4
May 25,2004
Page 3 of 5
-
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Ninety-Six Hundred Dollars and No/I00 ($9600.00) to the EARLE & PATCHEN TRUST
ACCOUNT, c/o Brian P. Patchen, Esquire, Earle & Patchen, P.A., 1000 Brickell Avenue, Suite
1112, Miami, FL 33131 for appraisal fees and engineering fees for Parcels 100, 101 and 700.
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o
Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami
Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance
with Section 28.33, F.S.; it is further
DONE AND ORDERED this _ day of , 2004, in Naples, Collier
~- County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Brian P. Patchen, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
-,.,
Agenda Item No. 16K4
May 25, 2004
Page 4 of 5
~-~.,",_." "--,,--...................,.,,- ".,.,"-....'"~ .. ,.,------ ,,_. .
'-....,,"
JOINT MOTION
The Parties, by and through their undersigned atlorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 100, 101 and 700.
Dated: Dated:
@
BRiAN P. PATCHEN, ESQUIRE HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 157545 Florida Bar No,; 0966770
EARLE & PATCHEN, P.A. COUNTY ATTORNEY'S OFFICE
1000 Bricken Avenue, Suite 1112 Hannon Turner Building
Miami. FL 33131 3301 East Tamiami Trail
(305) 372-1112 - Telephone Naples, FL 34112
(305) 372-3691 - Facsimile (239) 774-8400 - Telephone
ATTORNEY FOR RESPONDEJ'o,'T (239) 774-0225 - Facsimile
ATTORNEY FOR PETmO~ER
Agenda Item No. 16K4
May 25, 2004
Page 5 of 5
...,-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel
129 in the Lawsuit Styled CoUier County v. James R. Colosimo, Trustee, et. ai.,
Case No. 00-OI38-CA (Pine Ridge Road Project #60111).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize
payment of engineering fees with respect to Parcel 129 in the lawsuit styled Collier County v. James
R. Colosimo, Trustee, et al., Case No. OO-0138-CA.
CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 129 for the Pine Ridge Road project (Project No.
60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of
$63,700.00 for Parcel 129 thereby vesting title in the Parcel in Collier County.
On May 4, 2004, a Stipulated Final Judgment was entered whereby the property owners were fully
and fairly compensated for the property interests taken in the amount of $112,000.00. The County
is now required to pay the reasonable costs of the property owners pursuant to Section 73.091, F.S.
Through negotiations, the property owners' experts have agreed to accept the sum of $1000.00 for
- engineering fees for Parcel 129. The County Attomey's Office has prepared an Agreed Order, a
copy of which is attached as Exhibit "A".
FISCAL IMPACI': Funds in the amount of $1000.00 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $1000.00 to the Ruden McCloskey Smith Schuster & Russell Trust
Account on behalf of the property owners for engineering fees for Parcel 129.
-
Agenda Item No. 16K5
May 25, 2004
1 of 4
"""-"'"
"-'-~-~."-"""'-
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 16K5
Item Summary Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel
129 in the lawsuit Styled Collier County v. James R. Colosimo. Trustee. et aL,
Case No, 00-0138-CA (Pine Ridge Road Project #60111),
Meeting Date 5/25i2004 9:00:00 AM
Prepared By
Heidi F. Ashton Assistant County Attorney
County Manager's Office County Attorney OffIce
Approved By
Lisa Taylor ManagemenUBudget Analyst Date
Transportlon Services Transportation Administration 5/12120041:30 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5112120044:38 PM
Appro\'ed By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportion Services Transportation Engineering and
Construction 5/12120042:31 PM
Approved By
Gregg R. Strakaluse Transportation Engineering!
,,-~, Date
Construction Mgmt Director
Transportation Engineering and
Transportion Services Construction 5113/2004 8:31 AM
Appro\'ed By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportlon Services Transportation Services Admin. 5113/2004 1 :41 PM
Approved By
David C. Weigel County Attorney Date
County Manager's Office County Attorney Office 5117/20049:16 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5117/200410:16 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5117/2004 2:06 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5117/2004 5:52 PM
Appro\'ed By
James V. Mudd County Manager Date
,.-.. Board of County County Manager's Office
Commissioners 5118120045:28 PM
Agenda Item No. 16K5
May 25. 2004
2 of 4
_...._---~- . .-._"",-"~_..,. -<- --,.-
."-~-
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida, Case No.: OO-0138-CA
Petitioner, Parcel No.: 129
vs.
JAMES R. COLOSIMO, TRUSTEE,
et al.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
GARRETT F. X. BEYRENT and TERYL H. BRZESKI flkla TERYL BEYRENT, by and through
their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the
premises, it is hereby
ORDERED AND ADJUDGED that Respondents, GARRETT F. X. BEYRENT and
TERYL H. BRZESKI flkla TERYL BEY RENT, receive from Petitioner, COLLIER COUNTY,
FLORIDA, the sum of One Thousand Dollars and NollOO ($1000.00) for engineering fees
incurred in connection with Parcel 129; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of One
Thousand Dollars and No/100 (1000.00) to RUDEN MCCLOSKY SMITH SCHUSTER &
RUSSELL, P.A. TRUST ACCOUNT c/o Thomas R. Bolf, Esquire, Ruden McClosky Smith
Agenda Item No. 16K5
May 25, 2004
30f4
-
Ma~U3-ZDD~ 05:03,. F rlW'"~EN lteLOm 17 FL NT um~m 1-700 P.DDl/003 F-711
. ...
... SdmImr &: RmII11. F.A., Phst UDioD Ceut=-. 15th Floor, 2OO:Bast!rowan!.Bcullvard. P. O. .Box
1900. PM Law:1crdalc, PI. 33302 far ~,,,..flliDg tees for Partd. 129.
DONE AND OlU>ERPD tbi.s _ day of . 2004. in Napa. Callier
County, !lIDdcJa. .
CIlCUlT COuaT J'UI)Q!
~ copies to:
HaIc1;l F. .Ashtoa,:Esq1m
'I'hOma R.. BoJf, EequiJe .
B. Gleml Tacker, Esql1ite
BookbepiDg
.''''-,
lOINTMOTION .
:
na Parries, by iDd thmugh ~ undmlpcd attomOyI, h=eby move for f2'J%f1 of: die
.
fon:ga!q.Aped Order u tc PlItd 129. '..
~
Dmi: !ilk Y ~ ')U{} ~ Da:d:
'it.,t<fim BElOI.,. ASIl'roN.:BSQUl:RE
THOMAS R.. BOLF, Q'VIRE
f1artda Ill' No.: 454419 Florida Bar No.: 0966770
RUDEN MCCLOSKY SMm! SCBUSTER. COUNTY ATI'ORNBY'S OFPICE
&RUS~.T... P.A.. Hazmoa TUtIl<< Buildma
lUst Umoo CeDtc:r. ~Phxlr 3301 East Tamiami Tnil
200 East BZOWIl'C1 BoW.cva:tl NaplcI, R. 34112
P. O. Boll. 1900 (239) 114-8400 . Telephone
fon t..miderdal." R. 33302 (23P) 774-C22S . F~mnc
(954) 7~-Telephonc ATl"OR.NEY FOR PlmTIONER.
~S4)7~996-F~a
ATTORNEY FO'RlmSPONDBNTS
-
Agenda Item No. 16K5
May 25, 2004
4 of 4
-- ~-,~_... '-~. .... ~.^ ^.,"'''~.._, ... ...............~-- '__,n___ _.-._"-,
,--
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent H.A. Street for
Respondent's undivided one-half interest in Parcel No. 159A in the amount
of $12,000.00 in the lawsuit styled Collier County v. H.A. Street, et aI., Case
No. 03-2873-CA (lmrnokalee Road Project #60018).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondent, H.A. Street ("Respondent"), in the amount of
$12,000.00, as full compensation for Respondent's undivided one-half interest in Parcel No.
159A, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of
the condemnation of Parcel No. 159A in Collier County v. H.A. Street, et al., Case No. 03-2873-
CA.
CONSIDERATIONS: On October 3, 2003, a Stipulated Order of Taking was entered in
Collier County Circuit Court regarding the fee simple acquisition of Mr. Street's one-half interest
in Parcel 159A for the Immokalee Road Project (Project No. 6(018). On October 16, 2003,
Collier County deposited with the Registry of the Court the sum of $10,100.00 for Parcel 159A
in accordance with the Stipulated Order of Taking.
.- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of
$12,000.00 as full compensation for his undivided one-half interest in Parcel No. 159A,
including any severance damages, business damages, damages to the remainder and costs to
cure, but does not include attorney's fees or other such costs, and interest. The making of the
Offer of Judgment will require the Respondent to carefully assess his claims for compensation.
Respondent will have thirty days from the date of mailing the offer to accept. If Respondent
accepts, $12,000.00 will be paid to Respondent by Stipulated Final Judgmcnt of the court. If
Respondent rejects the offer, and fails to recover more than $12,000.00 for Respondent's
undivided one-half interest in Parcel 159A, either through settlement or jury verdict, the County
will not be required to pay any costs incurred by Respondent after the date of the offer's
rejection. This would include any expert witness fees, such as appraisal fees.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $1,900.00 are available in thc FY 04 adopted
budget. Source of funds are gas taxes and impact fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
- 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent, and
2. Approve the expenditure of funds as stated, in the event the offer is accepted; and
3. Approve Stipulated Final Judgment based on an acccptance of the Offer of Judgment, and
authorize payment accordingly. Agenda Item No. 16K6
May 25, 2004
Page 1 of 5
'....__.,~.,"-,.,,--^ "'.'~""'~'"""_''''''''''''''',l'.,','',',_,__~",,-, "~'.",",--,._.._._.-.._-,,,,.,..,,,,,,,.,,.,,,,,.,,,,,
COLLIER COUNTY
,,- BOARD OF COUNTY COMMISSIONERS
Item Number 16K6
Item Summary Authorize the making of an Offer of Judgment to Respondent HA Street for
Respondent's undivided one-half interest in Parcel No, 159A in the amount of
$12,000,00 in the lawsuit styled Collier County v, HA Street, et aI., Case No,
03-2873-CA (Immokalee Road Project #60018),
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Jeffrey C. Clapper Legal Assistant
County Manager's Office County Attorney Office
Approved By
Sharon Newman Accounting Supervisor Date
Transportion Services Transportation Administration 5/12120044:39 PM
Approved By
Transportation Engineering/
Gregg R. Strakaluse Construction Mgmt Director Date
Transportion Services Transportation Engineering and 5/13/2004 B: 36 AM
Construction
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportion Services Transportation Services Admin, 5113/20041:48 PM
Approl'ed By
Ellen T. Chadwell Assistant County Attorney Date
County Manager's Office County Attorney Office 5/14/200412:11 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportlon Services Transportation Engineering and
Construction 5/14/200410:11 AM
Approl'ed By
Lisa Taylor Management/Budget Analyst Date
Transportlon Services Transportation Administration 5/14/2004 10:08 AM
Approved By
David C, Weigel County Attorney Date
County Manager's Office County Attorney Office 5/17120049:17 AM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Management & Budget 5117/200410:18 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20042:11 PM
Approved By
,-~ Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 5:54 PM
Approved By
James V, Mudd County Manager Date
Board of COllnty County Manager's Office Agendal~~4~~PM
Commissioners
PS!.je 2 af 6
---_.".~,- ..-."- '"'~, , . ~~ ,...._~~~
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Case No. 03-2873-CA
Petitioner,
Parcel No.: 159A
vs.
H.A. S1REET~ and COLLIER COUNTY
TAX COLLECTOR,
Respondents.
I
OFFER OF JUDGMENT
TO: H.A. Street
P.O. Box 2100
Grundy, V A 24614
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, H.A. STREET ("Respondent"), for all compensation, including severance damages,
business damages, costs to cure, together with the value of the taking, and any other claims of
Respondent arising out of the taking of Respondent's undivided one-half interest in Parcel 159A,
in the total amount of Twelve Thousand and No/lOO Dollars ($12,000.00).
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include interest from the date of the Order of Taking or attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request. Agenda Item No, 16K6
1 May 25, 2004
Page 3 of 5
-
Dated this _ day of May, 2004.
OFFICE OF THE COUNTY A ITORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
A ITORNEY FOR PETITIONER
CERTIFICATION OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
.._"'"
has been furnished by U.S. Mail, to: H.A. Street, P.O. Box 2100, Grundy, VA 24614 on this
_ day of May, 2004.
ELLEN T. CHADWELL, ESQUIRE
.._-
Agenda Item No, 16K6
2 May 25, 2004
Page 4 of 5
."."-- ----"--~~- .~.,,-,.. .... '....--
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
'" Case No. 03-2873-CA
Petitioner,
Parcel No.: 159A
vs.
H.A. S1REET~ and COLLIER COUNTY
TAX COLLECTOR,
Respondents.
I
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney,
hereby gives notice of serving Petitioner's Offer of Judgment to the Respondent, H.A. STREET,
as to Parcel 159A in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of
Petitioner's Offer of Judgment has been furnished via regular U.S. Mail to H.A. Street, P.O. Box
2100, Grundy, V A 24614, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON,
P.O. Box 887, Marco Island, FL 34146 on this _ day of May, 2004.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
330L East Tamiarni Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL
Florida Bar No. 0983860
At\(\gmycfaI11enhl~<)61It8
May 25, 2004
Page 5 of 5
-, EXECUTIVE SUMMARY
PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of
Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor &
Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit Development
(CPUD) for a project to be known as the Colonades at Santa Barbara PUD, to allow development of a
maximwn of 35,000 square feet of mixed office uses. Property is located at the northwest corner of
Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26
East, Collier County, Florida, consisting of 6.83::1: acres.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested rezoning for the
Colonades at Santa Barbara PUD is consistent with the Collier County Growth Management Plan and
the Land Development Code and is in the best interest of the community.
CONSIDERATIONS:
The petitioner wishes to rezone approximately 6.83 acres of undeveloped land currently zoned
Estates ("E") to Commercial Planned Unit Development (CPUD). The project will be known as the
Colonades at Santa Barbara CPUD. The property is located at the northwest corner of Golden Gate
-. Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier
County, Florida.
The petitioner proposed this PUD to allow development of a maximum of 35,000 square feet of floor
area of medical and other professional office uses pursuant to the Growth Management Plan (GMP)
requirements for the Golden Gate Area Master Plan Commercial Infill Designation within which this
parcel is located. That designation establishes specific criteria within which development can occur.
FISCAL IMPACT:
The approval of the PUD by and of itself does not have a fiscal impact on the County. The fiscal
impact occurs as development occurs. The fiscal impacts of development are addressed through the
payment of impact fees that are collected after the zoning is approved. The County collects impact
fees prior to the issuance of building permits to help offset the impacts 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 (LOS) 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.
Development takes place in an environment of concurrency management. When Level of Service
requirements fall below adopted standards, a mechanism is in place to stop building activities.
Certain LOS standards apply countywide and would therefore bring about a countywide concurrency
determination versus roads that may have local geographic concurrency implications.
.-
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary Agenda Item No. 17A
Page 1 of 2 May 25, 2004
. Page 1 of 75
".."-.______...._...,~,_..,._._.._"'.,_"..~"'''_,,.c. -"."-,-'*'~ ."'_......''''''''...._.H''''_.... ~".".'.....-.,.''',....'''.,w''...."...'"..~,-..",.,,"''.'.'d"'~'_",_."
., -, ""H"."""_;,,,,,_,_,__,,_,,,",,~,,,,~,,"^ " "'~""~'---"';-"''''''-''"--~'''
This project seeks to develop a maximum of 35,000 square feet of office use floor area, however it is
not known whether that amount of area will ultimately be developed; impact fee payments vary by
land use type and this zoning approval does not provide the level of specificity to determine how the
site will eventually be developed. Zoning approval grants the developer the ability to choose from a
list of approved uses, however, the actual use determination is not provided to county staff until much
later in the development process.
The development of the property may result in future fiscal impact on County public facilities,
however, it is important to note that the petitioner is reducing the intensity of the project from the
originally approved potential square footage of development. Therefore the associated fiscal impact,
including all applicable impact fees, will be less than or equal to the original estimated fiscal impact,
excluding changes due to rate schedule increases. Additionally, there is no guarantee that the project
at build out will maximize its authorized level of development.
Other fees will include building permit review fees, Fire Protection Impact Fees, Water and Sewer
Impact Fees and other utility fees associated with connecting to the County's sewer and water
system. Finally, the property owners will be required to pay ad valorem taxes based upon the
commercial development that occurs on the site.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated Golden Gate Commercial In-fill Subdistrict, as identified on the
Golden Gate Area Future Land Use Map of the Growth Management Plan. This subdistrict was
,-- expanded to include the subject site and specific criteria established for this site (Growth
Management Plan Amendment petition CP-2000-7). These criteria are very specific and are the
result of considerable scrutiny of petition CP-2000-7 through the public hearing process. The PUD
document includes the criteria therefore the petition is consistent with the Growth Management Plan.
ENVIRONMENTAL ISSUES:
The Environmental Review staff has reviewed the petition and the PUD document and addressed any
concerns within the PUD document and the Master Plan. This petition was not required to submit an
Environmental Impact Statement because of its small size; therefore the petition did not need to be
heard by the Environmental Advisory Council.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard by the CCPC on April 15, 2004. The petitioncr provided a lctter that
proposed several changes to the PUD document to address negotiations with the neighbors. The
CCPC approved a motion (8 to 0) to forward Petition PUDZ-2003-AR-4332 to the Board of County
Commissioners (BCC) with a recommendation of approval. The changes to the PUD document have
been incorporated into the PUD document prepared for the Board of County Commissioners hearing.
STAFF RECOMMENDATION:
Staff recommends approval of the request for Petition PUDZ-2003-AR-4332 subject to compliance
,,"'~ with the proposed PUD document, and as otherwise described by the Ordinance of Adoption and
Exhibits thereto.
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary Agenda Item No. 17 A
Page 2 of 2 May 25, 2004
Page 2 of 75
~_.._-
COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 17A
Item Summary This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members, PUDZ-2003-AR-4332 Colonades Medical
Park. LLC. represented by Richard D, Yovanovlch, of Goodlelte, Coleman and
Johnson, PA, and D, Wayne Arnold. AICP, of Q, Grady Minor & Associates. p,
A" requesting a rezone from "E" Estates to Commercial Planned Unit
Development (CPUD) for a project to be known as the COLONADES AT
SANTA BARBARA PUD, to allow aevelopment of a maximum of 35,000 square
feet of mixed office uses. Property IS located at the northwest comer of Golden
Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49
South, Range 26 East, Collier County, Florida, consisting of 6,83:t acres,
Meeting Date 5/25/20049:0000 AM
Prepared By
Kay Deselem, AICP Principal Planner
Community Development & Zoning & Land Development Review
Environmental Services
Approved By
Susan Murray, AICP Zoning &. Land Development Director Date
Community Development &. Zoning II. Land Development Review 4123/2004 12:58 PM
Environmental Services
Approved By
,-
Community Development II.
Joseph K, Schmitt Date
Environmental Services Adminstrator
Community Development & Community Development &.
4!2312004 3: 18 PM
Environmental Services Environmental Services Admin,
Approved By
Ray Bellows Chief Planner Date
Community Development & 4'261200411:26 AM
Environmental Services Zoning II. Land Development ReView
Approved By
Marl< Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 514/2004 8:35 AM
Approved By
Michael Smykowski Management &. Budget Director Date
County Manager's Office Office of Management & Budget 514120049:05 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 515120043:37 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development &. Community Oevelopmenl & 51512004 4:43 PM
Environmental Services Environmental Services Admin,
-
Agenda Item No, 17 A
May 25, 2004
Page 3 of 75
~'''---''--''.'-~
-"----
Co1W~r County
- ~~~ ~
STAFF REPORT
COLLIER COUNTY PLANNING COl\'lMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 15, 2004
SUBJECT: PETITION PUDZ-2003-AR-4332
AGENT/APPLICANT:
Owner: Colonnades Medical Park, LL Agent: D. Wayne Arnold
9240 Bonita Beach Road, Suite2206 Q. Grady Minor & Assoc.
Bonita Springs, FL 34135 3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
The petitioner wishes to rezone approximately 6.83 acres of land currently zoned Estates ("E") to
Commercial Planned Unit Development (CPUD), The project will be known as the Colonades at
Santa Barbara CPUD.
GEOGRAPHIC LOCATION:
The property is located at the northwest corner of Golden Gate Parkway and Santa Barbara
Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. (See
illustration on the following page.)
PURPOSFlDESCRIPTION OF PROJECT:
The petitioner proposed this PUD to allow for medical and other professional office uses
pursuant to the Growth Management Plan (GMP) requirements for the Golden Gate Area Master
Plan Commercial Infill Designation within which this parcel is located. That designation
establishes specific criteria within which development can occur. The subject site is
undeveloped. The western 5.3:!: acres of the site consists of a Pine Flatwoods Florida Land Use
Cover Classification System (FLUCCS) 411 plant community; the remainder of the site, a
narrow strip of land running parallel to the Santa Barbara Boulevard frontage, is a FLUCCS 740
Disturbed Lands plant community, which is a cleared tract dominated by turf grasses. (See
Agenda Item No. 17 A
May 25, 2004
C'AdLib eXpress\Work'rad60AA6,tmp,doc Page 1 of 9 Page 4 of 75
,-,
aerial photograph on the following page.) The project proposes a maximum of 35,000 square
feet of total leasable floor area to allow development of general and medical office uses.
SURROUNDING LAND USE AND ZONING: (See attached Zonine Mau)
North: single-family residential uses within the "E" zoning district
East: Santa Barbara Boulevard, then commercial uses within Santa Barbara Square, zoned C-4
South: Golden Gate Parkway, then the Golden Gate Church of Christ. zoned "E"
West: single family residential uses within the "E" zoning district
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;"-0
Agenda Item No, 17A
May 25, 2004
C'AdLib eXpress\Worklrad60AA6,tmp,doc Page 2 of 9 Page 5 of 75
----.. .~.""
...-,-.--- - "-----
2.11H C'T s.w.
I
I c.4
@ 0 I :
SANTA BAIlBARA
S~to,R( :n
y" .;"~
~
_____-- COlD~ CAlE PARKW...l --
11!
FJARICWAY 1
113 I ,
21
'1 p.u." aD
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.......111 c ~lp
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..J " I!. II '
(Not to same scale and not matched lines)
GROWTH MANAGEMENT PLAN CONSISTENCY:
Comprehensive Planning Staff has reviewed this petition and has provided a memo dated
January 23, 2004 that contains their analysis and recommendation. That memo is quoted below,
with the requirements of the GMP shown in italics and staff comments following.
The subject property is designated Golden Gate Commercial In-fill Subdistrict, as identified on
the Golden Gate Area Future Land Use Map of the Growth Management Plan. This subdistrict
was expanded to include the subject site and specific criteria established for this site (Growth
Management Plan Amendment petition CP-2000-7). These criteria are very specific and are the
result of considerable scrutiny of petition CP-2000-7 thru the public hearing process. Relevant
to this petition, commercial uses shall be permitted under the subject to the following criteria:
a) Commercial uses shall be limited to low intensity transitional commercial uses that are
compatible with both residential and commercial, to provide for small scale shopping and
personal needs, intermediate commercial to provide for a wider variety of goods and services in
areas that have a higher degree of automobile traffic. These uses shall be similar to C-l, C-2, or
C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102),
adopted October 30, 1991 (see comments further below).
b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be
no minimum acreage requirement for PUD rezones except for the requirement that all requests
for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed
rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master
Plan); (Property comprises 0[6.83 acres)
Agenda Item No. 17 A
May 25,2004
C'AdLib eXpressIWorklrad60AA6,tmp.doc Page 3 of 9 Page 6 of 75
,.-
c) Projects within the in-ftll area shall be encouraged to make provisions for shared parking
arrangements with adjoining commercial developments when applicable; (N/A)
d) Driveways and curb cuts for projects within the Commercial In-fill area shall be
consolidated with adjoining commercial developments; (N/A) and
e) Access to projects shall not be permitted from CR-951. (N/A)
f) Any project located within the in-fill area at the northwest corner of Golden Gate
Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard
right-of-way, shall be subject to the following additional development restrictions:
I, The site shall be limited to thirty-five thousand (35,000) square feet of building area.
(Providedforin Section 2.2 C and 3.2 of the PUD)
2. Land uses shall be restricted to offices only. (Provided for in Section 2.2A. and
Section 3.2 of the PUD document)
3. All principal structures shall be required to have a minimum setback of one hundred
(tOO) feet from the project's northern boundary. (Providedfor in Section 3.4, 1,e) i., of the PUD)
- 4. The northern seventy-five (75) feet of the western sixty (60) percent of the site shall be
a green area (open space area). It shall be utilized for only water management facilities.
landscape buffers, and similar uses. (Providedfor in Section 2.16, B and the PUD Master Plan)
5. The western sixty (60) percent of the site shall have an outdoor pedestrian-friendly
patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum
of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a
waterfall or water feature of at least one hundred (100) square feet in area. and brick pavers.
(Provided for in Section 2.16, C of the PUD and the PUD Master Plan). It is suggested that a
representative sketch be provided.
6. A twenty-five (25) foot wide landscaped strip shall be provided along the entire
frontage of both Golden Gate Parkway and Santa Barbara Boulevard. (Provided for in 2.16 D of
the PUD)
7, A minimum buffer of thirty-five (35) feet in width shall be provided along the project's
western boundary and along the eastern forty (40) percent of the project's northern boundary. A
minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent
of the project's northern boundary. Where feasible, existing native vegetation shall be retained
within these buffers along the project's western and northern boundaries. These buffers shall be
supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a
staggered manner; and a seven (7) foot wall. fence, or hedge that will. within two (2) years of
planting. grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95)
,_., percent opaque. (Providedfor in Section 2.16. E of the PUD and the PUD Master Plan)
Agenda Item No. 17 A
May 25, 2004
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--"~.- "-'- ,-. ,,__..w,o" -.-"
8. All buildings shall have tile or metal roofs, or decorative parapet walls above the
roofline, and buildings shall be finished in light subdued colors except for decorative trim.
(Providedfor in Section 2.15, B. 1.)
9. Building heights shall be limited to one (1 )-story and a maximum of thirty-five (35)
feet. (Providedfor in 3.4 Development Standards D. 1 of the PUD)
10. All lighting facilities shall be architecturally-designed, and limited to a height of
twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land
uses. (Provided for in Section 2.15, B. 2; and reference made to Section 2.8 of the LDC in
Section 2.15 B of the PUD but Section 3.4 D. 2. conflicts - need to add text to Section 3.4 d.2 as
noted below under review of PUD document)
II, There shall be no ingress or egress on Santa Barbara Boulevard. (Provided for in
Section 2.13 K)
FLUE Policy 5.4 provides that all new development must be compatible with the surrounding
land uses. Comprehensive Planning leaves the determination of compatibility to Current
Planning staff as part of their review of the petition in its totality. Additionally, the site is within
the Corridor Management Overlay that runs along Golden Gate Parkway. The PUD may need to
be modified to comply with the development standards of that Overlay. Comprehensive
Planning leave this determination to Current Planning staff,
COMPREHENSIVE PLANNING SECTION STAFF CONCLUSION: Based upon the
above analysis, staff concludes the proposed uses and standards for the subject site may be
deemed consistent with the Golden Gate Area Master Plan.
ANAL YSIS:
Staff has completed a comprehensive evaluation of this land use petition and the criteria on
which a recommendation must be based. This evaluation provides an objective, comprehensive
overview of the potential impacts of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the Board of County Commissioners (BCC).
These evaluations are completed as separate documents and are attached to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision-makers. The evaluation by professional staff should
typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County GMP in
all of its related elements (See Exhibit "A" and Exhibit "B"),
Agenda Item No. 17 A
May 25,2004
C\AdLib eXpress\Work'rad60AA6,tmp,doc Page 5 of 9 Page 8 of 75
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In addition, staff has provided the analyses from the different disciplines within the county who
are charged with the review of land use petitions. Brief summaries of those analyses are
provided below.
Environmental Analysis: Environmental Services Staff has reviewed the petition and the PUD
document and has addressed any concerns within the PUD document and the Master Plan. This
petition was not required to submit an Environmental Impact statement because of its small size;
therefore the petition did not need to be hea.-d by the Environmental Advisory Council.
Transportation Analysis: Transportation Department Staff has reviewed the petition and has
come to agreement with the petitioner regarding right-of-way reservations to address potential
and planned improvements along Santa Barbara Boulevard and Golden Gate Parkway. Concerns
raised have been adequately addressed in the Transportation Section of the PUD document.
Transportation staff offers the following analysis:
Policy 5.1 of the GMP Transportation Element states, "The County Commission will review all
rezone requests with consideration of their impact on the overall system, and shall not approve
any such request that significantly impacts a roadway segment already operating and/or projected
to operate at an unacceptable Level of Service within the five year planning period, unless
specific mitigating stipulations are approved. Traffic analyses to determine significant project
impact shall use the following to dctermine thc study area:
a. On links (roadway segments) directly accessed by the project where project traffic is equal to
',-' or exceeds 3 percent of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 3 percent of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point where it is
equal to or exceeds 5 percent of the adopted LOS standard service volume."
Policy 5.2 of the GMP Transportation Element states: "Project traffic that is less than 1 percent
of the adopted peak hour service volume represents a de minimis impact." Upon review of
rezone petition PUDZ-2003-AR-4332, staff recommends approval based on the following facts:
This petition is for a mixed-use office development with a proposed maximum of 35,000 square
feet of medical and general office uses. The TIS for this petition projects a total of 1265 trip ends
on a weekday and a maximum of 128 PM peak hour trips. Trip distribution and percentages of
peak hour volume on roadway segments are as follows:
I Project Directional Distribution
I ROAD FROM TO I % OF PROJECT PM PEAK HOUR I % CAPACITY AT
SEGMENT VOLUME VOLUME ADOPT. LOS
I Golden Gate 1-75 Santa Barbara Blvd. 100% 128 4.3%
Parkway I
Golden Gate Santa Barbara Collier Blvd. 25% 32 I 1,6%
Parkway Blvd. :
Santa Barbara Green Blvd. Golden Gate 25% 32 I 1.6%
I Blvd, ParkwaY
- I
I Santa Barbara Golden Gate Radio Road 25% 32 I 1.8%
Blvd. Parkway
Agenda Item No. 17 A
May 25, 2004
C:'AdLib eXpress\Workltad60AA6.tmp.doc Page 6 of 9 Page 9 of 75
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The only segment of roadway impacted above 3.0 percent by the proposed development is
Golden Gate Parkway from 1-75 to Santa Barbara Boulevard. This segment is currently under
construction and is scheduled for completion the fIrst quarter of fIscal year 2005. The available
and additional capacity introduced by construction will accommodate the proposed development
without signifIcantly impacting any roadway segment. Therefore, this petition appears to be
consistent with policy 5.1 and not applicable to policy 5.2.
Utility Issues: The Utilities Department Staff has reviewed the petition and provided language in
the PUD document to address potable water, reclaimed water and wastewater, as well solid waste
collection and solid waste disposal. The project is within the service area of Florida
Governmental Utility Authority. Therefore, it is not within the County Water-Sewer service
area.
Zoning Department Analysis:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved, to the requirement or limitations set forth in the Golden Gate Area Future
Land Use Map of the Growth Management Plan (GMP), The proposed uses are consistent with
the GMP, which provides criteria for the scope of intensity of uses within the Golden Gate
Commercial In-fIll Subdistrict. The actual uses proposed, as limited in the PUD document,
should be compatible with the land uses that are now or may be developed on adjacent tracts. As
discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the
site will be separated from other development by roadway to the south (Golden Gate Parkway)
and to the east (Santa Barbara Boulevard).
To the west, the subject property abuts a single-family home site. The Master Plan shows a 35-
foot wide buffer area will separate the buildings on the subject site from the property boundary
of the home site. The actual structure is located approximately 60 feet from that same property
line, therefore the nearest structure on the subject property will be located at least 95 feet from
the single-family home. The petitioner is proposing a maximum height for principal and
accessory structures of one story (not to exceed 35 feet high), and a maximum height for
architectural features of 45 feet.
A single-family home site abuts the subject property to the north as well. The aerial photo
indicates that there are several structures located on the parcel to the north, but it is impossible to
identify each structure, so staff cannot ascertain the separation distances between the existing
structures to the north and what is proposed on the subject site. However, the Master Plan
indicates there will be a 75-foot side open space area and a 50-foot wide landscape buffer to
separate uses in the western 411 feet and a 35-foot wide landscape buffer along the remainder of
the property boundary, in compliance with the GMP Golden Gate Commercial InfIll designation
requirements. The PUD document establishes a 100-foot north boundary and 35-foot west
boundary building setback for both principal and accessory structures.
Agenda Item No, 17 A
May 25, 2004
C:'AdLib eXpress\Work'rad60AA6,tmp,doc Page 7 of 9 Page 10 of 75
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Staff believes the Golden Gate Commercial Infill requirements provide adequate limitations on
uses as well as specific site design criteria, and therefore believes the proposed PUD will be
compatible with the adjacent properties.
Furthermore, staff has considered the availability of community infrastructure and services and
the commitments made in the PUD document and has determined that development of the
subject property is timely and consistent with the FLUE to the GMP.
Deviation Discussion:
The petitioner is seeking one deviation (see Sections 2.19 and 3.4.C.l.a) of the PUD document).
The deviation seeks relief from LDC Section 2.2.21.3.2, (Corridor Management Overlay) which
requires a 50-foot minimum setback along Golden Gate Parkway, to allow a 40-foot setback.
The petitioner maintains that this reduction is appropriate because the site will suffer from
development constraints because of the additional right-of-way taking along Golden Gate
Parkway. Staff has analyzed the deviation pursuant to the requirements of LDC Sections
2.7.3.1.2. and 2.7.3.1.3. and finds the petitioner has adequately demonstrated "the element may
be waived without a detrimental effect on the health, safety and welfare of the community"
[LDC 2.7.3.1,3.1, and further, staff recommends approval of this deviation.
NEIGHBORHOOD INFORMATION MEETING:
.-.. The petitioner held a Neighborhood Information Meeting on September 11, 2003 that was
attended by approximately fourteen individuals and the applicant's team and county staff. A few
persons voiced opposition to commercial use at this site and stated that they were also opposed to
the GMP amendment that established the Commercial Infill designation that now will allow
commercial uses on the site. Concern was raised regarding access onto Santa Barbara Boulevard
and Golden Gate Parkway; the applicant's agent explained that the concerns raises are addressed
with the limitations that are included in the Commercial Infill requirements and the project will
comply with those requiremcnts. A question was asked about parking requircments; thc
applicant explained that the project would comply with the LDC regarding this issue. An
attendee asked if this project would generate hazardous waste, to which the applicant's agent
replied that medical wastes are governed by a separate set of regulations other than zoning, and
the project would be required to comply with those regulations as well.
STAFF RECOMMENDATION:
The Department of Zoning and Land Development Review staff recommends that the Collier
County Planning Commission forward Petition PUDZ-2003-AR-4332 to the Board of County
Commissioners with a recommendation of approval of the rezoning request from Estates to PUD,
subject the limitations and commitments that are incorporated in the PUD document and the
Ordinance that accompanies the PUD document.
,-,
Agenda Item No, 17 A
May 25, 2004
C:'.AdLib eXpress\Worklrad60AA6,tmp,doc Page 8 of 9 Page 11 of 75
---_.~.~ -..-,,--- ".,-, .,,,_. _._-~"~,. ~
PREPARED BY:
el~~'V 3 -:2:2- Dc/
K\ SELEM, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZON1NG Al'D LAND DEVELOPMENT REVIEW
RE:VIEWE(} BY:
-1'~~-- 4/c/oC;
RA Y BLOWS. HIEF PLANNER I I DATE
D1;PARTME~T OF ZON1'KG AND LAND DEVELOPMENT REVIEW
-- J )..U/llj/~ ~
SlJSAN MCRRAY, AlCP. DIRECTOR DATE
D1:PARTME~T OF ZON1NG AND LAND DEVELOPMENT REVIEW
APPROVED BY:
H K. SC 1 '~ (~7DATE
A[~MINl RATOR
UNITY DEVELOPMENT & E!'."VIRONME!'.iAL SERVICES DIVISION
Tentatively scheduled for th.e May 25. 2004 Board of County Commissioners Meeting
Allachmt:nts: Exhibit A: :{ezoning Findings
Exhibit B: :>00 Findings
COLLIER COLNTY PLA~ING COMMISSION:
~jj~ j;jJJ
RLSSELL k BCDD, CHAIRMAN
Agenda Item No. 17 A
G:'.Curref1t\DeseJemIPUD Rezones,(:oIonades @Santa Barbara PUD. AR4332\STAFF REPORT doe Page 9~aa;e 2152 ~~~~
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LOCA TION MAP
PETITION 'PUDZ- 2003- AR- 4332
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._--.
-.-.-...... .._..- ~ -~.~-,._.."..__..-
Rezone Findings
PETITION PUDZ-2003-AR-4332
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable.
1. Whether the proposed change will be consistent with the goals, objectives,
policies, Future Land Use Map and the elements of the Growth Management
Plan (GMP);
The property is located within the Golden Gate Commercial Infill Sub-district as
identified in the Golden Gate Area Master Plan. Specific development
requirements are established in the GMP. and the PUD document contains
appropriate references assuring compliance with the provisions of the Golden
Gate Commercial Infill Sub-district.
2. The existing land use pattern;
The subject property is located at the northwestern corner of the intersection of
Golden Gate Parkway and Santa Barbara Boulevard. Properties at the
northeastern comer of the intersection are zoned and developed with general
commercial land uses. At the southwestern comer of the intersection is a church.
Properties to the west and north are zoned estates and are developed with single-
family homes. The proposed medical and professional office complex is
consistent with the Future Land Use designation for this area.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The proposed PUD was the subject of an amendment to the GMP to specifically
allow a use of this type at this location. The services that will be provided by this
PUD can serve the nearby residents. Therefore, the subject site will not create an
isolated district.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change;
The proposed district boundaries are logically drawn and they are consistent with
the GMP.
Rezone Findis
Agendal!~. ~
-
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary;
The site is designated for office uses, and the applicant intends to develop the
property for medical and professional office uses. With the planned right-of-way
expansion for both Santa Barbara Boulevard and Golden Gate Parkway. the
property would be less suitable for residential use. Further, the Golden Gate Area
Master Plan does not permit residential uses on the subject property.
6. Whether the proposed change will adversely influence living conditions in
the neighborhood;
No adverse impacts to nearby residential uses will result from the proposed PUD
rezoning. The GMP amendment pertaining to this property was adopted in 2001.
This amendment restricted use of the property to single-story office uses, and
included provisions for buffering and building setbacks. The PUD is consistent
with these previously approved development standards.
7. 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.
The Transportation Services Division has reviewed the proposed PUD and has
incorporated appropriate language into the PUD document, which renders the
PUD compatible with surrounding uses and the Traffic Circulation Element. No
level of service impacts result from this project. Therefore. the proposed PUD
will not excessively increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
The project will be reviewed and approved subject to requirements of Collier
County and the South Florida Water Management District The PUD document
incorporates appropriate references to insure that no adverse drainage conditions
will result from the proposed development.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
The proposed office uses will be required to meet building setbacks and single-
story height restrictions. When meeting these requirements, light and air will not
be reduced to adjacent properties.
-
Rezone Find~S
Agenda!;:~. ~
.-..--. ._-
~~, .- - ,.,.~.,-
10. Whether the proposed change will adversely affect property values in the
adjacent area;
This site is adjacent to other residential and potential residential uses. An
appraisal of estimated future property values resulting from a rezone is not an
issue addressed at the rezoning stage. Given the required building and
development standards, no diminution of property values is anticipated.
11 Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations,
will not be affected.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
If the proposed rezone is determined by the Board of County Commissioners to
be consistent with the GMP, the proposed change will not constitute a grant of
special privilege.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Under the approved Golden Gate Commercial Infill Sub-district, only office uses
can be developed on this site. The existing estates zoning district does not permit
office uses: therefore, the rezoning to a planned development supportive of office
uses IS necessary.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
The request is consistent with the GMP, and is therefore, within the needs of the
community, The GMP limits the site to a maximum of 35,000 sq. ft. of office use
and single-story structures, and is of a scale appropriate for the surrounding area.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
It is not impossible to find other sites in Collier County: however, the petitioner
wishes to construct office uses on this parcel.
Rezone Findis
Agenda~~. ~
-
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
While site conditions may restrict the location and square-footage of the office
buildings, they would not render the property unusable.
17. The impact of development on the availability of adequate public facilities
and services consistent with the levels of service adopted in the Collier
County GMP and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The rezoning of this property will result in the development of an office complex.
The Site Development Plan will be reviewed for compliance with the Levels of
Service required for public facilities in the area.
-
,,,-
Rezone Findis
Agenda~~. ~
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_.~" ~,~"'- ~_._.~-_...,-_._,-
PUD FINDINGS
PETITION PUDz.2003-AR-4332
Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners be
supported by the following findings, where applicable:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding area, traffic
and access, drainage, sewer, water, and other utilities.
The property is designated for office uses and has been so designated after
approval of a site specific GMP amendment for the property. The site is located
at the intersection of two arterial roadways and is well suited for the proposed
professional and medical office uses.
2. 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 related 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.
The petitioner has provided evidence that the PUD is under unified control.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
G~IP.
Staff analysis indicates that the Colonades at Santa Barbara PUD is consistent
with the goals, objectives and policies of the GMP.
~. The internal and external compatibility of the proposed uses, which
conditions may include restrictions on location of improvements, restrictions
on design, and buffering and screening requirements.
Staff analysis indicates that the PUD is compatible, both internally and externally,
with the proposed uses and with the existing surrounding uses,
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
The PUD document and conceptual master plan make specific provisions for open
space and preservation areas consistent with the GMP and Land Development
Code.
PUD Find~r
Agenda~~ \6
-
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
The PUD is required to meet concurrency requirements at the time of Site
Development Plan approval.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The site is not designed, nor intended to provide for expansion, which is
consistent with the intent of the specific provisions of the Golden Gate
Commercial InfIlI Sub-district.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
Staff analysis indicates that the Colonades at Santa Barbara PUD conforms to the
PUD regulations, and the one deviation requested should not have a detrimental
effect on the health, safety and welfare of the community,
,-
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PUD Find~S
Agenda!!~. ~
._-~-_..,..- -,..- _.-,.._- -_.,,~ --,
3rd KE-SUHMITIAL
PUDZ-2003-AR-4332
PROJECT #21)03020038
DATE: 1/21/0..
KA Y DESELJ~M
- - - -.--- --;- -
APPLICATION FOR PUBLIC HEARING FOR:
0PUD REZONE
DpUD TO PUD REZONE
P(:tition No.: Date Petition Received:
Commission District: - Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s) Colonnades Medical Park. LLC
Applicant's Mailin~ Address 9240 Bonita Beach Road. Suite
City Bonita Springs State FL Zip 34135
Applicant's Teleph)ne # 239-498-9114 Fax # 239-498-6555
Applicant's E-Mail Address:
Name of Agent D. 'Vayne Arnold Firm O. Gradv Minor & Associates. P.A.
Agent's Mailing Address 3800 Via Del Rev
City _Bonita Spring~ State FL Zip 34134
Agent's Telephone It 239-947-1144 Fax # 239-947-0375
COLl IER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
IHONE (941) 403-2400 / FAX (941) 643-6968 Agenda Item No, 17 A
May 25,2004
"- Page 20 of 75
02127~)J ADPlication For Public Heari.!!! For PUD Rezone
--- I
- '" Be aware that Collier County has lobbyist regulations. Guide yourself acc:ordingl*
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (provide ulditional
sheets if m:cessary)
Name of Homeowner A!;sociation:
i Mailing Address City State FL Zip
I
I
I
Name of Homeowner Association:
Mailing Address City State FL Zip
Name of Homeowner Ass,}ciation:
Mailing Address City State FL Zip
Name of Master Association:
-
Mailing Address City State FL Z;p
Name of Civic Association: Golden Gate Area Civic Association
Mailing Address 4701 Golden Gate Parkway City Naples State FL Zip 34116
Name of Civic Associatioll: Golden Gate Estates Area Civic Association
Mailing Address 761 17th St. S.W. City Naples State FL Zi:> 34117
2. Disclosure of Interl:st Information:
a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership inLrrest as well
as the percenta,~e of such interest. (Use additional sheets if necessary).
Name and Addres; Percentage of Ownership
-
-
- - Agenda Item No. 17A
May 25, 2004
Page 21 of 75
02127/03 Application For Public Hearif!J' For PUD Rezone
"-'-'."-'-'._.-~ -,- -' .-....-......-..
I
b. If the propu1y is owned by a CORPORATION, list the officers and stockholders and
the percentHge of stock owned by each.
Name and Ad-tress, and Office Percentage of Stock
-
c. If the propeJty is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentaj~e of interest.
Name and Address Percentage of Interest
d. If the proper1 y is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the !:eneral and/or limited partners.
Name and Addnss Percentage of Ownership
Athina Kvritsm.. 9240 Bonita Beach Road 50 -
Suite 2206. Bonita SDrin2S. FL 34135
;lannos G. Grekos. 9240 Bonita Beach Road 50
;;uite 2206. Bonta Sprin2S. FL 34135
I
i
e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, frustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Addre is Percentage of Ownership
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Agenda Item No. 17 A
May 25, 2004
Page 22 of 75
02127/03 Application For Public Hearir I! For pun Rezone
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- Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
\ Name and J\d.lress
I
g. Date subject property acquired (X) leased (): 09/2003 Term oflease _-YfS.lmos.
If Petitioner has option to buy, indicate date of option: _ and date option
terminates: _-' or anticipated closing date _'
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to) the date of application, but prior to the date of the final public hearing,
it is the re3pOnsibility of the applicant, or agent on his behalf, to submit a
supplementa., disclosure of interest form.
3. Detailed le2al descriDtion of the orooertY covered bv the aDolication: (If space is
inadequate, attach on separate page.) If request involves change to more dum one zoning
.- district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the 11l5: six months,
maximum I" to 400' scale) ifrequired to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: 29 . Township: 49 Range: 26
Lot: Tract 112 Block: Unit 30
Subdivision: Gold_rn Gate Estates
Plat Book: .2----- Page #: 2L- Property 1.0.#: 38170000009
Metes & Bounds DI:scription: Please refer to attached le2al description
4. Size of DroDertY: )50 ft. X 850 ft. = Total Sq. Ft. Acres :t6.:~
5. Address/2enerallo:ation of subiect DroDertY: Northwest comer of Golden Gate
Parkwavand Santa Barbara Boulevard
6, PUD District (LDC 2.2.20.4): D Residential o Community Facilititls
cg] Commercial 0 Indus~enda Item No. 17A
May 25. 2004
Page 23 of 75
02/27L03 ADDllcallfJoJllor Public Hearill\! For PUD Rnone
"---- ---'--
~"'~~""-- .,"-
~---- I
~ Adiacent zoniDS! and land use:
I.
Zoning Land Use
N E. Estates Residential
S PUD Church
E C-4 Commercial
i
I W E. Estates Residential
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate Jage).
Section: _ Township: Range:
Lot: Block: Subdivision:
Plat Book: Page #: _ Property 1.0.#:
Metes & Bounds Description:
8. Rezone Request: 'fhis application is requesting a rezone from the E. Estates
zoning district(s) tc the CPUD zoning district(s).
Present Use of the ])roperty: Vacant
Proposed Use (or rcnge of uses) of the property: Office
Original PUD Name: N/A Ordinance No.:
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier
County Land Development Code, staffs analysis and recommendation to :he Planning
Commission, and tIe Planning Commission's recommendation to the Boad of County
Commissioners sha 1 be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reft:rence to the
criteria noted belo~. Include any backup materials and documentation in Slpport of the
request.
Agenda Item No. 17 A
May 25, 2004
Page 24 of 75
02127/03 Application For Public: "euri. 2 For PUD Rezone
- -
- PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in relation
to physical cllIlracteristics of the land, surrounding areas, traffic and access, drainage.
sewer, water, and other utilities.
2. Adequacy of Evidence of unified control and suitability of any proposed agreements.
contract, or 01 her instruments, or for amendments in those proposed, particularly as
they may relat,~ to arrangements or provisions to be madefor the continl4ing operation
and maintenance of such areas and facilities that are not to be provided or maintained
I at public expf.'l'se. Findings and recommendations of this type shall be m.ule only after
consultation w.'th the county attorney.
3. Conformity of ~he proposed PUD with the goals. objectives and policies of the growth
management plan.
4, 'I'he internal and external compatibility of proposed uses, which conditio",. may include
restrictions on location of improvements. restrictions on design, and buffering and
screening reqlll rements.
5. The adequacy 'Jf usable open space areas in existence and as proposea to serve the
development.
,,,,,-
6, The timing or ..equence of development for the purpose of assuring the adequacy of
available imprcvements andfaci/ities. both public and private.
7. The ability of the subject property and of surrounding areas to c.:ccommodate
expansion.
8. Conformity wit}: PUD regulations, or as to desirable modifications of SUdl regulations
in the particulal" case, based on determination that such modifications of justified as
meeting public ,"Jurposes to a degree at least equivalent to literal appliCtltion of such
regulations .
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many COlT munities have adopted such restrictions. You may wish tl) contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restric"ions.
10. Previous land useletitions on the subiect propertY: To your knowledge, has a public
hearing been held 01 this property within the last year? If so, what was the nature of that
hearing? Not to our knowled2e.
Agenda Item No. 17 A
May 25, 2004
Page 25 of 75
02127/03 ADDlicall~n For Public: HeariDl! For PUD Rezone
-~'~,"" -~.-----_..
-_.-----" .,~_"""'.__""m
,__ '_r~""'___"~",,~,__'_
STATEMENT OF UTn..ITY PROVISIONS FOk ';TANDARD REZONE REOUEST -,
I 1. Name of Applicart: Colonnade Medical Park. LLC
2. Mailing Address: 9240 Bonita Beach Road. Suite 2206
City Bonita Sprir.2s State FL Zip 34135
3. Address ofSubjec: Property (if available): Not available
4. Legal Description:
Section: 29 Township: 49 Range: 26
Lot: Tract 112 Block: Unit 30 Subdivision: Golden
Gate Estates
Plat Book: 7 __ Page #: 2L Property I.D.#: 38170000009
Metes & Bounds Description: See attached legal description
5. Type of sewage disposal to be provided (check applicable system):
a. County Utility System 0
b, City Utility System 0
c. Franchised lJtility System C8J I
Provide Name Florida Govenunent Utility Authority
d. Package Treatment Plant 0
(GPD capacity)
e. Septic System 0
6. Type of water servi.;e to be provided:
a. County Utili ty System 0
b. City Utility ;)ystem 0
c. Franchised Utility System C8J
Provide Name Florida Govenunent Utility Authority
d. Private System (Well) 0
7. Total population tOJe served: 35.000 Sq. Ft. Commercial
8. Peak and Average Laily Demands:
A. Water - Pea~ 9.000 GPD A verage Daily 3.600 GPD
B. Sewer - Pea]. 9.000 GPD A verage Daily 3.600 GPD
9. If proposing to be connected to Collier County Regional Water System, please provide the
date service is expected to be required:
10, Narrative Statement: Provide a brief and concise narrative statement an:! schematic
drawing of sewage lreatment process to be used as well as a specific statement regarding
the method of eftluent and sludge disposal. If percolation POA!e~ 1IlIeM: ~ 7t,b.en
May 25, 2004
Page 26 of 75
02/2i/0J ADDlicatiClft For Public "earin For PVD Rezone
--- - ._- "
,- percolation data and soil involved shall be provided from tests prepared and certified by a
professional engirleer.
11. Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of tbe pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (2(') copies (this
includes: HUI if affordable housing, Joyce Erns~ if residential and ImmokaleelWater
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [anti one reduced
8W' x 11" c( py of site plan], drawn to a maximum scale of 1 inch eq'l8ls 400 feet,
depicting the following [Additional copies of the plan may be requested upon
completion 0 f staff evaluation for distribution to the Board and van ous advisory
boards such a:l the Environmental Advisory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matJix indicating
,- required ar d provided parking and loading, including required parking for the
disabled],
. required y~ rds, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility s.%Vices to the
site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural ren dering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. o}f the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograp~ (taken within
the previous tweln months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification ~hall be consistent with Florida Department of Transportation Land Use
Cover and Forms Classification System. Additionally, a calculation of the acreage (or
square feet) of natiye vegetation on site, by area, and a calculation and locaton(s) of the
required portion ofr ative vegetation to be preserved (per LOC Section 3.9.5.5.4.).
Agenda Item No. 17A
May 25, 2004
Page 27 of 75
0211;/03 ADDllcallc.n For Public Hearlr Il For PUD Rezone
,-'""...-- --..-
-""....-.- ....~~...~ ..,,----~...~.-
--- --..
f. Statement ofutili~, provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is 10~Lted within an
area of historical O~ archaeological probability (as identified at pre-application meeting);
1. Any additional r( quirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
J. An electronic versi)n of the PUD on a disk as part of this submittal package.
k. Boundary Survey, 110 more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development COdl! requires an
applicant to remove their public hearing advertising sign (5) after final action is taken
by the Board of County Commissioners. Based on the Board's rmal adion on this
item, please remo, e all public hearing advertising sign (5) immediately.
Agenda Item No. 17A
May 25, 2004
Page 28 of 75
02127/03 Application For Public Hurin. For PUD Rezone
._--. _ __u_
,,- PUD REZONE APPLICATION
SUBMITIAL CHECKLIST
This completed checklist is to be submitted with application packet!
Requirements #of Required Not
Copies Reauired
1. Completed Applicatioll/PUD documents 24. X
2. Copy ofDeed(s) and list identifying Owner(s) and all 2. X
Partn~ifaCo~mt~m
3. Completed Owner/Agc:nt Affidavit, Notarized 2. X
4. Pre-application noteslninutes 24. X
5. Conceptual Site Plans 24. X
6. Environmental Impact Statement - (BIS) 4 X
7. Aerial Photograph - (with habitat areas identified) 5. X
8. Completed Utility Pro,isions Statement (with required 4 X
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4 X
10. Historical & Archaeolc gieal Surveyor W ai ver 4 X
Application
11. Copies of State and/or :.ederal Permits 4 X
,-- 12. Architectural Renderinl~ ofProoosed Structure(s) 4 X
13. Pre-Application Fee, A:>plication Fee and Data - X
Conversion Fee Check ~hall be made payable to Collier
County Board of County Commission~
14. An electronic version 0 f the PUD on a disk as part of the X
submittal packet.
15. PUBLIC PARTICIPATION MEETING: X
APPLICA nON SUBMITTAL: Copy of Affidavit
attesting that all property owners, civic associations
and proJ>l..~ owner associations were notified. Copy of
audio/video recording of public meeting. Written
account (If meeting.
16. Affordable Housing Density Bonus Agreement 4 X
includin~ all Applicaticns and Exhibits.
17. Boundary Survey (no mJre than 6 months old) 5 X
18. OTHER REQUIREMENTS:
. Documents required for Long-& nge Planning Review .1 additional copy if for affordable housing
As t:.'le authorized agent/applicant filr this petition, I attest that all of the information indicated on this checkli,;t is included in
this ~ubmitta1 package. I understar d that failure to include all necessary submittal information may result in the delay of
procf'SSing this p,:tition.
~- ~ ~~~ A~fl~l~ ~17 A
Agent/Applicant Signature y' , 004
Date Page 29 of 75
02/27/03 ADDlIcatlOD For Public Hearin. For PUD Rezone
.-."""- .... <..-.....-...... ,....-. --' '---
-l
AFFIDA VIT
We/I, Colonnades Medical Park. LLC being first duly sworn. depose and say that well am/are
the owners of the property described herein and which is the subject matter of t,1e proposed
hearing; that all the ans wers to the questions in this application. including the ,'isclosure of
interest information, all s,retches. data, and other supplementary matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief We/I
understand that the injor'1lation requested on this application must be complete and accurate
and that the content of tNs form. whether computer generated or County printed shall not be
altered. Public hearings will not be advertised until this application is deemed complete. and all
rf'quired inJormation has aeen submitted.
As property owner Wellfurther authorize O. Gradv Minor & Associates. P.A. and Rkhard D.
Yovanovich ofGoodlette. Coleman. and Johnson. P.A. to act as our/my representati"e in any
malters regarding this PeNion.
--
Signature of Property Owner
Zmnos G. Grekos -
Typed or Printed Name ofC>wner Typed or Printed Name of Owner
The foregoing instrument "as acknowledged before me this 15~ day oj-:r;;;",,, A'~
!Il/' by lk- ,24. '..n. _~ wh~ is personally known to me or has produco ,
e1t...s Q,v n //J )j.;I:J[,' JlL:.... as zdentification.
( ,
~
State of Florida ary Public - State of Florida)
County of.1 J-~~ ' 1fj~~
. t;) Mr co._,~lfllft *....'
~.. ExpIrM~" 110I'
Notary Stamp
Agenda Item No. 17 A I
May 25, 2004
Page 30 of 75 ~
I
--
,
.-
-
COVENANT OF UNIFIED CONTROL
The undersigned do hereby sv rear or affirm that they are the fee simple titleholders and owners of record of property
commonly known as Folio # ~ 8170000009
Golden Gate EST Unit 30 TR 112 OR 683 PO 173
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described hereiI is the subject of an application for commercial planned unit dovelo:)ment (CPUD)
zoning. We hereby designate D. Wavne Arnold ofO. Grady Minor &: Assoc. PA and Richard D. Yovanovich of
Goodlette. Coleml\1I and lomoD. P.A.legal representative thereo( as the legal representatives oftb= property and
as such, these individuals are authorized to legally bind all owners of tho property in the course of seekinS the
necessary approvals to develOl'. This authority includes, but is not limited to, the hiring and authorization of agents
to assist in the preparation of lpplicatioDS, plans, surveys, and studies necessary to obtain zoning approval on tho
site. These representatives will remain the only entity to authorize development activity on the proferty until such
timo as a new or amended CO\'ClWlt of unified control is delivered to Collier County.
The undersigned recognize tho, following and will be guided accordingly in the pursuit of devel,lplDellt of the
prc~ect:
1. The property will be dove, oped and used in conformity with the approved master pIan including. all conditions
placed on the developmen' and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal ~tative id entified herein is responsible for compliance with all terms, conditions. safeguard.!,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless iIIlIl until a new or amended covenant of unified control is delivered to ud recorded by
Collier County.
- 3. A departure from the proyi lions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided it)!' in the p1an.ncd unit development process will constitute a violatioll of the Land
Development Code.
4. All terms and conditions c f the planned unit development approval will be incorporated into covenants and
restrictions which l'UJ1 with the land so as to provide notice to subsequent owners that all development activity
within the planned unit devdopment must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditiclDS of the planned unit development, seck equitable relief as necessa:y to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planned writ development, nd the County may stop ongoing construction activity until the projt:ct is brought
-r into ~os, ,0000ti.... ODd oafogwuds oflhc plumed umt development
- -----
Manager Member Owner
Dr. Zannos G. Grekos
Printed Name Printed Name
STATE OF FLORIDA)
COUNTY OF iii e L -.) J.. ~ ~- .
Sworn to (0' .tlinned) Md..booribcd befon> me"", / s&- day of -:s/1 AJ r-<- A ""1: 2004 by
)e., 2ANN D.5. 1!~~~ <:,. who is personally known to me or as produced
\.
~s 0 #oJ A J /'1 JG, t:J k) 1J as identification. - "\
~
3rd RE-SUBMITTAL MllMYT....
PUDZ-2003-AR-4332 ~ t:)~c.."""DD1_4
PROJECT #2003020038 .. ~.tlo,."""17 2D
DATE: 1/21/04 Agenda Item No'.17A
KAY DESELEM (Serial Number, if any) May 25, 2004
F:\JOEl\Colonades at Santa ~amElr3\LUNING\COVENANT OF UNIFIED CONTROL. doc Page 31 of 75
...--- .-- _..~ --.-- .----.. .~,,~"'- ---....
---~ .~.. V"-I
.
11IIII
Current Ownership
I Folio No,138170000oot ::J Property Add.....~ NO SITE ADDRESS I
Owner Name COLONNADE MI:OICAL PARK U.c I
Addresses 92.40 BONITA BE"CH RD STE 2201
City BONITA SPRJNGO statal FL ~ ZJ,~ 34135 - 4251
Legal GOLDEN GATE EST UNIT 30 TR I
112 OR 683 PG 173
I Section r Township 3 Range I A~ I Map No. l Stnlp No. I
29 49 28 6.83 4B2t 335500 112 04B2t
I Sub No. I 335500 GOLDEN GATE EST UNIT 30 '1J I "!J Min- I
"'fJ1.l1t~ 0 VACANT RESIDENTIAL 10 13.8244
-
2003 Final Tax Relll Values Latest Sales HistDry
Land Value $ 278,615.00 Book " Page Amount
(+) Improvld Value S 0.00 3392 - 4 $1,010.000.00
(-) Market Value S 276,815.00
H SOH Exempt Value SO.OO
(=1 Assessed Value S 278,615.00
(-) Hom_tead and othltr Exempt Value $ 0.00
(=) Taxable Value e S 276,615.00
SOH = "Save Our Homes" &empt value due III :ap on assessment increases.
-
The Information is Updated Weekly.
Agenda Item No. 17 A
http://wmv, collierappraiser,com/Rel:ordDetail.asp?F olioID=000003 8170000009 May 25,2004
Oage 32 0.hI3/2004
,--
l . Division of Corporations Page 1 of2
.
,'-
Florida Limited Liability
COLONNADE MEDICAL PARK, LLC
PRINCIPAL ADDRESS
5117 CASTELLO DRIVE, SUITE 2
NAPLES FL 34103
MAILING ADDRESS
5117 CASTELLO DRIVE, SUITE 2
NAPLES FL 341 03
Documeut NumlM,r FEINumber Date FUed
LOI ??oo18 130 593752902 10/221200 1
State Statu. Effecdve Date
FL ACTIVE NONE
Total Contribudo:l
0.00
-
Registered Agent
I Name & Address ~
I MUR.RA Y. PAUL A ~
5667 NAPLBS BLVD
NAPLES FL34109
I - Addn:a Cblllpd: 0510912003 ==:J
Manager/Member Detail
I Name & Address II Title I
C KYRITSIS, A nnNA L G
207 MERMAIDS BIGHT
NAPLES FL 34103
C GREKOS, ZANNOS G B
207 MERMAIDS BIGHT
NAPLES FL 34103
Agenda Item No. 17 A
May 25, 2004
Page 33 of 75
http://ccfcorp.dos.state,t1.usIscripts/cordetexe?al =D ETFIL&n 1 = LO 1 0000 1813 O&n2=N AMFWD... 1/14/2004
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. Division of Corporations Page20f2
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Annual Reports
I Report Year 1/ Filed Date I
I 2002 II 0810 112002 I
, 2003 II OSlO9lZ003 I
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Agenda Item No. 17 A
May 25,2004
Page 34 of 75
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_' 2003 LIMITED LIABILITY COMPANY I
UNIFORM BUSINESS REPORT (UBR) i
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11. I hefeby cerllly \hal the Iflfom1a~.oI.. led wlfll~ fling doeS not quaMIy 101' \he exemption stalAld in Sectlon 119,Q7(3XI), Florida ,~. tlelnfamllljan
Indicated on thll report Is true ur and that 11)' sigl'llllure siIalI have the san. legal ellllCl .. it made under 08tti: that I am a ~ ~ ~ ot ".
limited llIbWty cCJI!lPllrtY 01' 'II<' 8mllQWtfild liD e)(~. tnle repOI'1 .. requlnId 1Iy Ct1lIptw eoe. FlOI'Ida S1alU8I, "~ - - l'
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r
PUDZ-2003-AR-4332
PROJECT #2003020038
DATE: 6125/03
KAYDESELEM
SURFACE WATER MANAGEMENT REPORT
FOR
THECOLONADESATSANTABARBARAPUD
Prepared by:
Q. GRADY MINOR & ASSOCIATES P.A.
CIVIL ENGINEERS ## LAND SURVEYORS ## PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-1144
JUNE 2003
. Agenda Item No, 17 A
May 25, 2004
F:'JOEi\Colonades at Santi Barbara\Cds\S'~ MRPT.DOC Page 36 ota~
.."_.~.."--"'''--'"-
- _n I
r
SURFACE WATER MANAGEMENT REPORT
cOtONADES AT SANTA BARBARA PUD
The Colonades at Santa Barbara PUD is a request for PUD zoning of approximately 6.83::1: acres for a
mixed-use office developI [lent The project is requesting approval for the development ofup to 35,000
square feet of office devel Jpment, in, :luding medical and general office uses.
The project site is located on the northwest comer of the intersection of Golden Gate Parkway and
Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Collier COlmty, Florida.
EXISTING FACILITIIS: The propOsed site is currently undeveloped. There i9 no control
structure and all flow is (lver land into the Golden Gate Parkway and Santa Barbara Boulevard
Rights-of-way. The propc rty is located within the Main Golden Gate Canal Drainage Basin.
PROPOSED F ACILITJl:8: The proposed project will provide water quality storage in a series of
interconnected dry detention storage areas.
DRAINAGE INFORMK~
,..- 1. The project shall ccnsist of a single drainage basin. The drainage basin area is 1he total site
area less the future right-of-way reservation. (6.83 - 0.65 = 6.18 acres)
WATER QUALITY ANALYSIS
1. First Inch: 6.18 acr,~ x I-inch x (I-foot per 12-inches) = 0.52 acre-feet.
2_ 2.5 inches times percent of impervious
a. ImperviOUI Area = 2.55 Acres
b. Percent Impervious (2.55/6.18) = 41.3~.
c. 2.5" x percent impervious: 2.5 x 0.413 = 1.03 incnes
d. Volume required for water quality:
1.03" x 6.18 acres x 1 "/12' = 0.53 ae-ft.
3. 0,53 Ac.-ft. controls
. The water management system will provide water quality storage for the turn lane
improvements in Gol fen Gate Boulevard within the project system. This impervic.us surface
has been included in :he above calculations.
Agenda Item No. 17 A
May 25, 2004
F:\JOB'Colooades at Santa Barbara\Cds\SW\ffiPT.rxx: Page 37 &kJ75
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.
GOLDEN GATE PARKWAY I SANTA BARBARA PARCEL.
+/- 5.48 ACRES
Collier County I
Section 29, TownshiJ: 49 South, Range 26 East
Protected Species Survey
Prepared By:
Boylan -~'
Environme~
Consultants, " c. I
t I
Wetfor.d ~ Wildlife S/l~mtllral Pennill/lfg.
'",pact UUJmtll1S
) 1000 Metro Parkway, Suite 4, Flirt Myers, Florida, 339 [2
Phone: (941) 418-067) Fax: (941) 4IS..{)672
April 6, 1999 PUDZ-2003-AR-4332
PROJECT #20030200::8
DATE: 6125/03
KA Y DESELEM
Agenda Item No. 17 A
May 25, 2004
Page 38 of 75
-- .----------
. . ,'I
.,.
,..-..._ ~wI Golden Gate PUkway I Santa Sarban
Protect,eeI SpecJc:s Survey
Pace 1 or 3
SITE LOCATION
The property is located on the northwest comer of the intersection of Golden Gate Parkway and
I Santa Barbara Blvd. in ~:ection 29, Township 498, Range 26E, Collier County, FJcrida. The site
, is bordered by roadways on the east and south sides. The west and north sides ofae parcel are
bordered by occupied re:ddentiallots.
METHODOLOGY
The species survey was conducted on March 29, 1999 by two environmental scientists from
Boylan Environmental C)nsu1tants, Inc. The tiime of day was approximately from 12:00 p.Ol. to
2:30 p.m. The temperature was in the low 800s, and cloud cover varied from 0 to 2S percent.
The survey method is conprised of a several step process. First, vegetation communities or land-
uses on the study area are delineated on an aerial photograph using the Florida Lami Use, Cover
and Forms Classification System (FLUCCS). Next, the FLUCCS codes are cross-n:ferenced
with a species list that names the species which have a probability of occurring in a particular
FLUCCS community. See attached table entitled "Potential Listed Wildlife Specie~".
- With a list ofthe potential listed plants and animals, each FLUCCS community is 5e'arched in the
field for these species. AIl intensive pedestrian survey is conducted using belt transt~cts as a
means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet
stalking methods are condtJcted for animals. Signs or sightings of these species are then
recorded.
Listed below are the FLUCCS communities identified on the site. The following community
descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use,
Cover and F onns Classificltion System (Department of Transportation 1985) for definitions.
FLUCCS 411, Pine Flamoods
Slash pine and occasional cypress in the canopy with scattered saw palmetto in the groundcover
dominate this community. Other vegetation includes grapevine, poison ivy, beauty bc~rry, smilax,
caesar weed. love vine, cabbage palm, and penny royal. Brazilian pepper has begun to invade the
westernmost portion of the property. Beeause the groundcovers are not wetland vegetation, it is
anticipated neither SFWMD nor ACOE will consider this community as jurisdictional wetlands.
FLlfCCS 740, Disturbed I.ands
This area of tile property was previously cleared for the Santa Barbara Blvd. right of way. It is
dominated by turf grasses. It is anticipated neither SFWMD nor ACOE will consider this
community as jurisdictional wetlands.
Agenda Item No. 17 A
May 25, 2004
Page 39 of 75
\\BEOC\BEOGG Parkway-SB (99033)\specil:s survey,doc
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',I Golden Gate ParkwlIY I Sanla Barba,.
Protected Species Survey
Page 3 of3
SPECIES PRESENCE
The various listed speci es which may occur in the FLUCCS communities have been tabulated on
i the attached table. Dur.ng our field investigations. bo listed species were observe:i.
! . .
DISCUSSION
No listed species or sigriS oflisted species were observed on the parcel. Other wildlife observed
included a mockingbird.
I
I
Agenda Item No. 17 A
May 25,2004
Page 40 of 75
\\BEOOBEOGG Parkway-SB (99033)\species survey.doc
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- PUDZ-2003-AR.4332
PROJECT #200:l020038
DATE: 6125/03
KAY DESELEM
TRAFFIC IMPACT STATEMENT
FOR
COLONADESATSANTABARBARAPUD
-
.~~
Prepared by: -C~~~?{01
Q. GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-1144
May 12, 2003
Agenda Item No. 17 A
May 25, 2004
F:IJOB\Colonades "t Santa Barbar.a\Ccls\{:GGTISDOC Page 41 of 75
GCG
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Page 1
COLONADES AT SANTA BARBARA PUD
INTRODUCTION
'[he Colonades at Santa J 1arbara PUD is a request for PUD zoning of appro:ximate1y 6.83% aaes for a
mixed-use office develoJ: menl The project is requesting approval for the development e>fup to 35,000
square feet of office devc:1opment, including medical and general office uses.
The project site is locatei on the northwest comec of the intersection of Golden Gatt: Plllkway and
Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Colliec County, Florida.
For project location please refer to Figure 1, Location Map. Please refer to Figure Z, Mastec Concept
Plan for general configur.rtion of access points.
SCOPE
The following analyses me included in this report:
1. Trip Generati.oIL Calculations (at buildout) presented for Peak Season Daily Traffic
(PSD11 inc1udhg the respective ~ hour volumes.
2. Existing Traffic Volumes on adjacent arterial roadways; AADT volumes, PSDT
volumes, and L ~el of Service (LOS).
3. Discussion of iIapacts to roadways.
-
TRIP GENERATION
Trip generation rates are I~ted using 6th Edition Trip Generation published by the Institute of
Transportation Engineers. Land Use Code 720 is used to estimate trip gencntion for the project:, since
Medical Office use is the highest traffic generating use proposed. A summary of the Trip Generation
Calculations for the proposed project is shown on Table 1.
The trip generation for the proposed project is estimated to be 1,265 trip ends for daily traffic votmne
and 128 trip ends during the highest peak hour (PM). No significant amount of internal OI'i>ass-by
capture is expected for the proposed uses, so no adjustment is made to the trip generation calculation.
Please refer to theDISCC/SSION section for details concerning the effects of these traffic volumes on
the level of service for roadway links adjacent to the project.
F:'JOB'IColmades III Sama Barbana'DJ! '\GGGTIS.DOC Agenda Item No. 1fJf.!G
May 25, 2004
Page 42 of 75
,,- ^".,,,- "",,-,.. ....-",~_"",....,.._,"'....""""'--",...."""""'-="",""_'>t,.......''"..n
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- Page 2
DISCUSSION
The radius of development influence for the project extends only to the links immediately adjacalt
to the intersection of Golden Gate Parkway and Santa Barbara Boulevard. Please refea' to Table 2
for a snmmary of the proj.m expected trip distn"bution. The only link for which projcd generated
traffic represents more thin 3% of capacity of the adopted LOS is Golden Gate Parkwfty adjacent to
the project site. This is due to the necessity for all project traffic to entel' and exit from the property
wing the single entrance located on that roadway link.
Existing traffic volumes 011 the surrounding roadway links are presented on Table 3.
The links of Santa Barbam Boulevard from Green Boulevard to Golden Gate Parkway and from
Golden Gate Parkway to F.adio Road are currently operating at LOS D. The minimmn level of
service standard for these links is LOS D. There is a small amount of excess capacity available at
this time.
Golden Gate Parkway from 1-75 to Santa Barbara Boulevard and from Santa Barbara Boulevard to
Collier Boulevard are curr,mtly operating below their minimum service standards of LOS E and LOS
D, respectively.
-
The 5-year capital improvement element includes funding for design, right-of-way acquisition,
construction, and inspecticn on both Golden Gate Parkway and Santa Barbara Bouleva:d in the next
three fiscal years. Wideni.tlg of Golden Gate Parkway (west of Santa Barbara Boulevard) and Santa
Barbara Boulevard (both n.)rth and south of Golden Gate Parkway) from 4 to 6 lanes is planned. The
segment of Golden Gate Pakway east of Santa Barbara Boulevard is listed as a COnstraiIled roadway.
The operating level of service will remain at an acceptable level with these improvements through
buildout oftbe project.
F:IJOB\Colooacll:lc SanIa Bart.ra'Cda\( GGTIS.DOC Agenda Item No. 1tiW
May 25,2004
Page 43 of 75
-~"-""-- --".-
~,-~
01/Z9/Z003 lED 10:40 FA! ,!39 947 6783 grad1 Ilnor ~ ,~~. 100Z/001
ADDRESSING CIlECKUJT
Please complete the followiJ:gg subinit to the ~ Section ir R.cMew. Hpt all iteqJa win ~to
everv moicd:. Items in bold twe are1'UlUiTcd..
1. Legal dacripdoll of subject pto~ or propaties (mpy ufllmgtAy d.-~ ma.1118 ultIIdIal)
Tract 112.. Ooldm Gate ~ Unit 30. II rcoorded in Plat Book 7. Pue58 t1l PnbHc Records of
CollietCountv -z..q - 4- ~ - ~(..
~~ ,. ~.
2. FolD (Property ID) mIDlhtl'(t) of IJ:xWe (attach to. or tmoeIaJe wtt!. ~ dGcrlptItM I/mtNW tMn f11III)
~817Q0()()()()9
3. Street addnla 01' Iddreue. (Cb appllctzb1., i/tdtwad1 arIgMdJ
. Not aMi.,m
... Locatio. map, showing exact location of project/site ill rela&a to De8l't:St public road ti;#<<-way
5. Copy ofsarvey (NmmBIt ONLY FOR. UNPLATrED PlWPBRTlES)
6. Proposed project MlD.O (jf app1li::tz1M)
CoIOflades at Sant::l Barh~
7. P:roposal Street DI:I!1!S (If a,~)
NO( applicable
8. Site DeveIDpmeaf. Ph... N12mber (FOR. EXISTING PROJECI"SISl"I'B ONLY)
SDP -
9. fetid_ Type- (Complctl: a scpuate A.ddrcssiq ~hlt 1br cadi PetitiaG Type)
B SDP (SIte O"'.p'ualt Plan) ~ PPL (PIom APIolhYR)
SDl'A (SOP Am~:at) PSP (PreIiDdDIIy Sabdfvbim Plat)
B SDPI (SDP Ib.uh.bdial ~) . PP (PJDaI Prill)
SJP (Site l:mpzovcmc:m P1ao) !LA (Lot IJM AdjuIII:meDt)
8 S1PA (SIP--'"l B BL CBlasdDa Pamit)
SNll (Strcr::t Name Olrote) ROW (Ri~WayPermit)
V~ (Vq~ llcmoval Pcunits) D BXP ~Pemrlt)
t8J LImcl Ute Petition ~imce. CooditioJW OIQ, o VRSFP (Vcg. RaDoftl &: Sm: pm Pa::mit)
,
Boat Dock Bxt., Rsmni,- PUD ~.)
o Other- Dcectibe: ,
J.Q. Project or chM::Iopmmt nBDU!8 proposal iJr, or abcady appeui:Dg in. gondnmMrirlm doPftlr~ Of
applicable; iDdicatll whethc:--proposed or c:xiJtf"S> Not ""~le
11. Plcue Cbc:Ick ODe: 181 Cblddist is to be pged BIde 0 PerIoaaDy PIcked Up
12. Applk:atNIIDIII D. W~lCAmnld FhoH 239-947.lJ44 Fa: ~9-947.0375
13. SigaaturB 011 Addn:s.siuS a eddist docs DOt 00D8Cimtc P.tojcct lDdIor Street Nmu ~\)"a1111d. is sahject to
further review by 1he Addressing Sedion.
FOR STAFF USE ONLY
Primary Number '9 O~ c:....
.Addrcss Namber
Addlea Number Appm'Cdby lL_~
Address Number m 1Xa. t"'1 Date Ol- 30- 03.
RECEIVED PlJlDrIOlI!blmfi7 A
PROJEC ~(
DATE: 6/'& ~~
KA Y DESELE1'1
_ ______0..__ ___._____
t
-.,-
-( PUDZ-2003-AR-4332
PROJECT #2003020038
DATE: 6125/03
KAY DESELEM
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST
1. Name of Applicant: Heartbeat Cardiac Services.lnc.
2. Mailing Address: ,n40 Bonita Beach Road
City Bonita Sprnlgs State FL Zip 34135
3. Address ofSubjeC1: Property (if available): Not Available
4. Legal Desaiption:
Section: 29 Township: 49 Range: 26
Lot: Tract 112 Block: Unit 30 Subdivision: Golden Gate Estates
Plat Book: 7 Page#:2L PropertyI.D.#: 38170000009
-
Metes & Bounds o.~cription: See attached leszal description
5. Type of sewage disIl()sal to be provided (check applicable system):
a County Utility System 0
b. City Utility ~:ystem 0
c. Franchised l'tility System ~
Provide Nam e Florida Government Utility Authoritv
d. Package Tr~,tment Plant 0
(GPD capacilY)
e. Septic System 0
6. Type of water serviCt: to be provided:
a County Utili~{ System 0
b, City Utility S:fStem D
c. Franchised Ut ility System r8I
Provide Namt: Florida Government Utility Authority
d, Private Systen (Well) 0
7. Total population to btl served: 35.000 Sq. Ft. Commercial
8. Peak and Average Dally Demands:
A. Water - Peak _ 9.000 GPD Average Daily 3.600 GPD
B. Sewer - Peak _ 9.000 GPD Average Daily 3.600 GPD
Agenda Item No. 17 A
May 25, 2004
Page 45 of 75
8
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9. If proposing to be connected to Collier County Regional Water System, p:,ease provide
the date service is expected to be required:
10. N anative Statement: Provide a brief and concise narrative statement and schematic
drawing of sewagl: treatment process to be used as well as a specific stateuumt regarding
the method of etlluent and sludge disposal. If percolation ponds are to be used, then
percolation data ard soil involved shall be provided from tests prepared and (:edified by a
professional engineer.
II. Collier County Ftility Dedication Statement: If the project is locateC. within the
services boundarie.l: of Collier County's utility service system, written notarizl:d statement
shall be provided agreeing to dedicate to Collier County Utilities the water distribution
and sewage colle:;tion facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in
effect at the time. This statement shall also include an agreement that the applicable
system development charges and connection fees will be paid to the COWity Utilities
Division prior to tle issuance of building permits by the County. If applicable, the
statement shall contain an agreement to dedicate the appropriate utility ~:ements for
serving the water and sewer systems.
12. Statement of avanubility capacity from other providen: Unless waived or otherwise
provided for at thexe-application meeting, if the project is to receive sewer or potable
water services from any provider other than the County, a statement from th it provider
indicating that there is adequate capacity to serve the project shall be provided.
Agenda Item No. 17 A
May 25, 2004
Page 46 of 75
9
,""",... "",....'u..., '~"""""_""'""""""_"''''''''"'',,''''''''''''''i'',,'~,,,_~
- ORDINANCE NO. 04 -
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102 OF TEE COLLIER COUNTY LAND DEVELOPMENT
CODE WHI:H INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ?':ONING ATLAS MAP NUMBERED GGE18; BY'
CHANGINC THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES
TO "CP-JD" COMMERICAL PLANNED UNIT
DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE
COLONADES AT SANTA BARBARA pun, WHICH IS
LOCATED AT THE NORTHWEST CORNER OF GOLDEN
GATE PARKWAY AND SANTA BARBARA BOULEVARD,
IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER <:~OUNTY, FLORIDA, CONSISTING OF 6.83:!:
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richa"d D. Yovanovich, of Goodlette, Coleman and Johm;on, P.A.,
.-
representing Colonnade ~1edical Park, LLC, in Petition Number PUDZ-2003-AR-4332,
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 :OUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 29,
Township 49 South, Rangl: 26 East, Collier County, Florida, is changed from "E" Estates to
"CPUD" Commercial Plalued Unit Development in accordance with the Colonade; at Santa
Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by referer.ce herein.
The Official Zoning Atlas\1ap numbered GGEI8, as described in Ordinance Numbclr 91-102,
- the Collier County Land Development Code, is hereby amended accordingly,
Agenda Item No, 17 A
May 25, 2004
Page 47 of 75
_._".,,- - -"'~
SECTION TWO:
This Ordinance shall become effective upon filing with the Department ofStat(,.
PASSED AND DlJL Y ADOPTED by the Board of County r:ommissioners of Collier
County, Florida, this __ day of ,2004.
A TrEST: BOARD OF COUNTY COMMISSIONE:tS
COLLIER COUNTY, FLORIDA
BY:
-- - DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved as to Form
and Legal Sutliciency
~~ ,\~---
Patrick G. White
Assistant Cmmty Attorney
Attachment: Exhibit A pun Document
Agenda Item No. 17A
May 25, 2004
Page 48 of 75
-
COLONADES AT SANTABARBARA
A COMMERCIAL PLANNED UNIT DEVELOPMENT
-~'.'
PREPARED FOR
Colonnade ~ledical Park, LLC
9240 Bonita Beach Road
Suite 2206
Bonita Springs, Florida 34135
JUNE 2003
-, Exhibit "A"
Agenda Item No. 17 A
May 25, 2004
C\A.dLib eXpress'Work\radJ6E 70tmp.c.oc Page 49 of 75
.~,__._~,."W,.. ."---'--
-"_...,,..~ ^'-.."."""'...
COLONADES AT SANTA BARBARA
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
6.831: Acres Located in Section 29
Township 49 South, Range 26 East
Collier County, Florida
PREPARED FOR:
Colonnade Medical Park, LLC
9240 Bonita Beach Road, Suite 2206
Bonita Springs, Rorida 34135
PREPARED BY:
Goodlette, Coleman and Johnson, P.A.
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
And
Q. Grady Minor & Assoc. P A
3800 Via Del Rey
Bonita Springs, Rorida 34134
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
Agenda Item No. 17 A
May 25, 2004
Page 50 of 75
ClAdLib eXpn:ssIWork\r3d36E70 tmp.doc
,.....,
TABLE OF CONTENTS
PAGE
UST OF EXHIBITS AND TABLE I
STATEMENT OF COMPLIANCE 11
SHORT TITLE IV
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECfION 11 PROJECf DEVELOPMENT 2-1
2.1 Purpose
2.2 General Description of the Project and Proposed Land Uses
2.3 Compliance with County Ordinances
2.4 Land Use Summary
2,5 Use of Right-of-Way
2.6 Sales Office and Construction Office
2,7 Changes and Amendments to CPUD Document or CPUD Master Plan
2.8 Preliminary Subdivision Plat Phasing
2.9 Open Space and Native Vegetation Retention Requirements
- 2,10 Surface Water Management
2.11 Environmental
2.12 Utilities
2.13 Transportation
2.14 Common Area Maintenance
2.15 Design Guidelines and Standard"
2.16 Landscape Buffers, Benns, Fences and Walls
2.17 Signage
2.18 General Pennitted Uses
2.19 Deviations and Substitutions
SECTION III OFFICE DlSTRICf 3-1
3.1 Purpose
3.2 General Description
3.3 Pennitted Uses and Sections
3.4 Development Standards
SECfION IV PRESERVE DlSTRlCf 4-1
-1-.1 Purpose
-1-.2 General Description
-1-.3 Uses Pennitted
-1-.4 Development Standards
SECTION V DEVELOPMENT COMMITMENT 5-1
5,1 Purpose
,-~ 5,2 General
5.3 CPUD Master Development Plan
Agenda Item No. 17 A
May 25,2004
Page 51 of 75
C;\AdLib e Xpress\Work\radJ6E 70_lmp_c.oc
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Agenda Item No, 17 A
May 25, 2004
C\AdLib eXpress\ WorI&ad36E70,tmp,cOC Page 52 of 75
-
LIST OF EXHIBITS AND TABLES
EXHIBIT A-I Conceptual CPUD Master Plan and Surface Water Management Plan
EXHIBITB Boundary Survey
EXHIBITC Location map
EXHIBIT D Legal Description
-"-
.-
Agenda Item No, 17 A
May 25. 2004
Page 53 of 75
C\AdLib eXpresslWorll:\r.ld36E70unp doc 1
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STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Heartbeat Cardiac Services, Incorporated,
hereinafter referred to as the Developer, to create a Commercial Planned Unit Development
(CPUD) on 6.83:!: acres of land located in Section 29, Township 49 South, Range 26 East, Collier
County, Florida. The name of this Commercial Planned Unit Development shall be Colonades at
Santa Barbara CPUD. The development of this site will comply with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan. The development will be
consistent with the policies and land development regulations adopted there under of the Growth
Management Plan Future Land Use Element and other applicable regulations for the following
reasons:
1. The subject property is within the Golden Gate Commercial Infill Sub-district as identified
in the Golden Gate Area Master Plan and on the Future Land Use Map. In addition to other
uses allowed by the Plan, this District is intended to accommodate a mix of general and
medical office uses on this infill parcel, and contains development intensity standards to
insure that development is compatible with surrounding residential and commercial land
uses. The development of the property is also located within the corridor management
overlay district and is subject to the provisions of Section 2.2.21 of the LDC, unless
modified herein.
2. Colonades at Santa Barbara CPUD is compatible with and complementary to existing and
zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE.
3. Site and building improvements will be in compliance with applicable land development
regulations and development regulations specified herein.
4. The development of Colonades at Santa Barbara CPUD will result in a well-designed office
project, through coordinated and regulated signage, building design, vehicular and
pedestrian access, and landscaping and will further the intent of Policies 3.I.E and F of the
FLUE.
5. The development of Colonades at Santa Barbara CPUD will be designed in a manner
consistent with Objective 7. Policies 7.1, 7.2. 7.3 and 7.5 of the Transportation Element of
the Growth Management Plan, which address access management, on-site traffic and
pedestrian circulation, and compliance with the Collier County Streetscape Master Plan.
6. The development of Colonades at Santa Barbara CPUD will result in an efficient and
economical extension of community facilities and services as required in Policies 3.1 G of
the Future Land Use Element.
7. All fmal local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
8. Colonades at Santa Barbara CPUD has received a waiver from the historical/archaeological
survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code
Agenda Item No. 17 A
May 25, 2004
Page 54 of 75
C:\AdLib eXpress\WoMrad36E70.tmpdoc 11
-
due to the site's location in a low potential area for containing historical/archaeological
artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development
Code should accidental discovery of any historic or archaeological site, significant artifact,
or other indicator occur during site development or building construction.
._-<
-
Agenda Item No, 17 A
May 25, 2004
Page 55 of 75
C\AdLib eXpress'Work.\radJ6E.70,rmp doc 111
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SHORT TITLE
This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA
COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE."
Agenda Item No. 17 A
May 25, 2004
Page 56 of 75
C\AdLib e Xpress\ Wor\(\r.KIJ6E 70 unpdoc IV
"-'
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSlllP, AND GEl'i"ERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Colonades
at Santa Barbara CPUD, and to describe the existing condition of the property proposed to
be developed.
1.2 LEGAL DESCRIPTION
Please refer to Exhibit "0".
1.3 PROPERTY OWNERSlllP
The subject property is currently under the equitable ownership or control of Colonnade
YIedical Park, LLC, a Florida Corporation, or its a",signs, whose address is 9240 Bonita
Beach Road, Suite 2206, Bonita Springs, Florida 34135.
- 1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 29, Township 49 South, Range 26 East, and is
generally bordered on the east by Santa Barbara Boulevard, to the south by Golden
Gate Parkway, to the west and north by developed estates zoned property.
B. The zoning classification of the subject property at the time of CPUD application is
E, Estates and is located within the Corridor Management Overlay, which applies to
projects along Golden Gate Parkway.
C. Elevations within the site are approximately 7,5 to 9 feet-NGVO. Per FEMA Firm
Map Panels No. 12006704150, dated June 3, 1986, the Colonades at Santa Barbara
CPUO property is located within Zone "X" of the FEMA flood insurance rate map.
O. Prior to development, vegetation on the site primarily consists of low quality pine
t1atwoods, xeric oak. and palmetto prairie vegetation. Habitats of the site also been
invaded by exotic plant species, including Brazilian pepper, melaleuca, and downy
rose myrtle.
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Agenda Item No, 17 A
May 25. 2004
Page 57 of 75
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Colonades
at Santa Barbara CPUD, and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES
A. Colonades at Santa Barbara CPUD is a 6.836-acre mixed office development
oriented to serve surrounding residential areas within a convenient travel distance,
which will consist of medical and professional offices. Of the gross 6.83:t acres,
2.03:t acres is encumbered as a right-of-way easement for Santa Barbara Boulevard
and Golden Gate Parkway. The developable area excluding rights-of-way is 4.8:!::
acres. Collier County has proposed to acquire an additional .65:!: acre for road right
of way purposes. The net developable area outside of those areas proposed for right-
of-way is 4.15:!: acres,
B. The CPUD Master Plan is illustrated graphically on Exhibit A-l. A Land Use
Summary indicating approximate land use acreage is shown on the plan. The
location, size, and configuration of the buildings shall be determined at the time of
County development approvals in accordance with the Collier County Land
Development Code (LDC).
C. The Project shall contain a maximum of 35,000 square feet of gross leasable area for
mixed office uses.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Colonades at Santa Barbara CPUO shall be in
accordance with the contents of this CPUO Ordinance, and to the extent they are not
inconsistent with this CPUD Ordinance and applicable sections of the LOC, which is
in effect at the time of issuance of any development order. Where this CPUO
Ordinance does not provide development standards, then the provisions of the
specific section of the LOC that is otherwise applicable shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the LOC in effect at the
time of development order application,
C. Development permitted by the approval of this CPUO will be subject to the
Adequate Public Facilities Ordinance, Division 3.15 of the LOC.
Agenda Item No, 17 A
May 25, 2004
Page 58 of 75
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D. All conditions imposed herein or as represented on Colonades at Santa Barbara
CPUD Master Plan are part of the regulations, which govern the manner in which
the land may be developed.
E. The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
2.4 LAND USES
A. The location of land uses and general project configuration are shown on the CPUD
Master Plan, Exhibit A-I. Changes and variations in building, location and square
footage shall be permitted at time of County development to accommodate utilities,
topography, vegetation, and other site and market conditions, subject to the
provisions of Section 2,7.3.5. of the Collier County LDC. The specific location and
size of buildings and the assignment of square footage or units shall be determined at
the time of County development approval.
B. All infrastructure will be private. The Developer or its assignees shall be
responsible for maintaining the drainage, common areas, and water and sewer
improvements where such systems arc not dedicated to the County. The Developer
reserves the right to request substitutions to Code design standards in accordance
~_. with Section 3.2.7.2. of the LOC.
2.5 USE OF RIGlITS-OF - WAY
The Developer may place landscaping, signage, lighting, water management facilities,
berms, decorative walls and fences, utilities or decorative entry features within a private
right-of-way within the Colonades at Santa Barbara CPUD, subject to permitting agency
approval.
2.6 SALES OFfiCE Al'ill CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion,
leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs,
shall be permitted temporary uses throughout Colonades at Santa Barbara CPUD. These
uses shall be subject to the requirements of Section 2.6.33.4. Section 3,2.6.3.6. and Division
3,3 of the LOC. These uses may use temporary septic tanks or holding tanks for waste
disposal subject to permitting under 64E-6 F AC and may use potable water or irrigation
wells.
2.7 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER
PLAN
Changes and amendments may be made to this CPUD Ordinance or CPUD Master Plan as
- provided in Section 2.7.3.5. of the LDC. Minor changes and refmements as described
herein may be made by the Developer in connection with any type of development or permit
application required by the LOC. Agenda Item No. 17 A
May 25, 2004
Page 59 of 75
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2.8 PRELIMINARY SUBDIVISION PLAT PHASING
In the event platting is required. submission, review, and approval of Preliminary
Subdivision Plats for the project may be accomplished in phases to correspond with the
planned development of the property.
2.9 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The CPUD will comply with Section 2.6.32 and Division 3.9 of the LDC, and Collier
County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on
March 12, 2001 relating to open space and retention of native vegetation. Specific
landscaping and open space requirements are established in Section 2.12 and Section 2.17 of
the Colonades at Santa Barbara CPUD.
2.10 SURFACE WATER MANAGEMENT
A. The surface water management permit for the water management system will be
designed in accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 4-E-40.
B. For the size and development intensity of this project, current rules require
appropriate water quality storage to be provided. Water quality treatment shall be
provided, based on 2.5" over the impervious area of the site. The current site design
provides adequate area for meeting this requirement. Discharge from the site will be
to Santa Barbara Boulevard and/or Golden Gate Parkway.
C. The site will be designed in a manner that will prevent water from Colonades at
Santa Barbara from draining onto the property located to the north.
D. Any standing water that remains on the Colonades at Santa Barbara site after a seven
(7) day period will be treated for mosquitoes.
2.11 ENVIRONMENTAL
A. An Environmental Impact Statement was waived by the Collier County Planning
Services Department, Environmental Review Section staff due to a previous
Environmental Impact Statement provided for the Comprehensive Plan Amendment
CP-2000-7, Ordinance No. 2000-12.
B. Other permits will be obtained from applicable State. Federal and Local agencies as
appropriate.
C. The Preserve area shown on the Conceptual CPUD Master Plan encompasses
approximately .75'i:. acres. The subject site, after excluding improved County
Right-of-way easements contains approximately 4.8'i:. acres of native vegetation,
Agenda Item No. 17 A
May 25, 2004
Page 60 of 75
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Retention of .75f:. acres of Preserve exceeds the required 15% (.72 acres) native
vegetation of Section 3.9 of the LDC.
D. All conservation areas shall be designated as conservation/preservation tracts or
easements on all consuuction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and
buffers shall be provided in accordance with Section 3.9 of the LDC. In the event
the Project does not require platting, all conservation areas shall be recorded as
conservation/preservation tracts or easements dedicated to the project's homeowners
association or like entity for ownership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Review Staff for review and approval prior to fmal site development
plan/construction plan approval. This plan shall include the methodology and a time
schedule for removal of exotic vegetation within the conservation/preservation areas.
2.12 UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
_. continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time approvals are requested. The project is within the service
area of Florida Government Utility Authority. All water and wastewater facilities will be
designed in accordance with Chapter 64E-6 FAC.
2.13 TRANSPORT A TION
A, All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FOOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FOOT Design Standards, current
edition, and the Manual On Unifoml Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the
Collier county Land Development code (LDC)
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13,
,.- as amended, and Division 3.15. LDC, as it may be amended.
E. All work within Collier County rights-of-way or public e'A~ffa ~ ~!lirCT A
May 25, 2004
Page 61 of 75
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Right-of-way Permit.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended, and
the LOC, as it may be amended. Collier County reserves the right to modify or close
any median opening existing at the time of approval of this CPUD which is found to
be adverse to the health, safety and welfare of the public. Any such modifications
shall be based on, but are not1imited to, safety, operational circulation, and roadway
capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any
such facilities.
I. If any required turn lane improvement requires the use of existing County right-of-
way or easement, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
CO.
K. Ingress and egress to Santa Barbara Boulevard shall be prohibited.
L. All sidewalks located within public rights of way shall be designed and constructed
to LDC requirements.
M. An interconnection from the subject property to the abutting tract to the north may
be allowed should the Golden Gate Commercial Infill Sub-district as identified in
the Golden Gate Area Master Plan and on the Future Land Use Map be amended to
include the subject property to the north. The interconnection location and design
will be subject to review and approval by county Zoning and Land Development
Review and Transportation Planning staff in conjunction with the appropriate
application submittal and fee payment pursuant to LOC Article 3. In no case should
a possible interconnection be construed as support or vesting for any future
amendment action for the Golden Gate Commercial Inftll Sub-district as identified
in the Golden Gate Area Master Plan and on the Future Land Use Map.
Agenda Item No. 17 A
May 25,2004
Page 62 of 75
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2.14 COMMON AREA MAINTENANCE
Common area maintenance, including maintenance of the surface water management
system, will be provided by the Developer or its assigns.
2.15 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set
forth in the LDC, Section 2.2.20.
B. Colonades at Santa Barbara CPUD is planned as a professional office site under
unified control. The Developer will establish guidelines and standards to ensure
quality for the common areas. All development will meet and enhance LDC
Division 2.8, Architectural and Site Design Standards and Guidelines, and those
specific requirements listed below that are requirements of the Golden Gate
Commercial In-fill Subdistrict.
1. All buildings shall have tile or metal roofs, or decorative parapet walls above
- the roofline, and buildings shall be finished in light subdued colors except
for decorative trim.
2. All lighting facilities shall be architecturally-designed. and limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded
from neighboring residential land uses.
2.16 LANDSCAPING, BERMS, FENCES AND WALLS
Landscaping, berms, fences and walls are permitted as a principal use throughout Colonades
at Santa Barbara CPUD. Required buffer treatments shall comply with the Collier County
LDC and the Collier County Comprehensive Plan Amendment CP-2000-7 adopted by
Ordinance No. 2000-12 on March 17,2001. The following standards shall apply:
A. Landscape buffers contiguous to right-of-ways:
1. Minimum width of 25' measured from the property line. The minimum
number of required trees shall be calculated at 1 tree per 25' linear feet.
Plantings shall not be required to be planted on 25' centers in a linear
manner, but may be clustered or planted in irregular patterns to provide
greater buffers in certain areas and to provide enhancements of key project
features.
2. The height of required trees within the buffers shall be 12' on average.
,- Canopy trees shall have a 6' canopy spread at the time of planting.
Agenda Item No, 17 A
May 25, 2004
Page 63 of 75
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3. Hedges, where required by the Collier County Land Development Code
(LDC) shall be installed in accordance with LDC Division 2.4,
Landscaping and Buffering, except as provide in Section 2.16.4.
4. The developer must provide a berm and wall/fence combination along the
northern property boundary at a total height of seven feet (7'). A concrete
block wall will be constructed from the eastern boundary of the property
westward to twenty-five feet (25') past the required thirty-five foot (35')
buffer. A green chain link fence must be constructed from the end of the
concrete block wall to the western boundary. The fence/wall combination
will be constructed five (5) feet inside the subject property. The developer
must plant a hedge on the north side of the wall and fence that will reach
the height of the wall and fence within one (1) year of planting.
5. At the commencement of site clearing, the developer of Colonades at
Santa Barbara must construct a temporary fence along the northern
property boundary which will provide screening from the construction.
B. The northern seventy-five (75) feet of the western sixty (60) percent of the site
less those areas reserved for Santa Barbara road rights-of-way and casements,
shall be a green area (open space area). It shall be utilized for only water
management facilities, landscape buffers, and similar uses.
C. The western sixty (60) percent of the site shall have an outdoor pedestrian-
friendly patio area(s), that total at least five hundred (500) square feet in area and
incorporate a minimum of: benches or seating areas for at least twelve (12)
persons, and vegetative shading, and a water fall or water feature of at least one
hundred (100) square feet in area, and brick pavers. The patio area will be
designed such that utilities are not located within thc pedestrian fricndly area.
D. A twenty-five (25) foot wide landscaped strip shall be provided along the entire
frontage of both Golden Gate Parkway and Santa Barbara Boulevard.
E. A minimum buffer of thirty-five (35) feet in width shall be provided along the
project's western boundary and along the eastern forty (40) percent of the
project's northern boundary. A minimum buffer of fifty (50) feet in width shall
be provided along the western sixty (60) percent of the project's northern
boundary . Where feasible, existing native vegetation shall be retained within
these buffers along the project's western and northern boundaries. These buffers
shall be supplemented with Oak or Mahogany trees planted a maximum of twenty
(20) feet apart in a staggered manner, and a seven (7) foot wall, fence, or hedge
that will, within two (2) years of planting, grow to a minimum height of seven (7)
feet and be a minimum of ninety-five (95) percent opaque. When feasible, a
hedge in lieu of a wall or fence will be provided.
Agenda Item No. 17 A
May 25, 2004
Page 54 of 75
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F. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the Colonades at Santa Barbara CPUD boundary concurrent with site
development.
G. Sidewalks, signage, water management etc, shall be permitted within landscape
buffers, per th~ LDC.
2.17 SIGNAGE
A. GENERAL
1. All ground mounted project and freestanding use signs shall be of
consistent architectural style and shall feature like building materials and
sign structures. Sign structures will be uniform in size, color, and building
material. Pole signs shall be prohibited. All signage shall be consistent
with Section 2,5 and Section 2.2.21 of the LDC.
2. Pursuant to Sections 2.8.3.6,2.1 of the LDC, the following conditions
provide for the required comprehensive sign plan for the Colonades at
Santa Barbara CPUD. All sign regulation, pursuant to Collier County
- Division 2.5 shall apply unless such regulations are in conflict with any
conditions established in this CPUD, in which case the CPUD Document
shall govern.
a) Signs and decorative landscaped entrance features within a County
dedicated right-of-way shall require a right-of way permit subject
to the review and approval of the County.
b) A minimum setback of 5' from edge of pavement shall be required,
except that no sign shall be located so as to create a vehicular line
of site obstruction.
c) All project sign structures may feature architectural treatments,
which shall be permitted to extend above the maximum height of
the sign specified herein.
B, TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, and speed limit signs, may be
designed to retlect an alternative specification and common architectural theme
upon approval by the Development Services Director, in accordance with Section
3.2,8,3.19. of the LOC.
- 2.18 GENERAL PERMITTED USES
Agenda Item No. 17 A
May 25, 2004
Page 65 of 75
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A. Certain uses shall be considered general permitted uses throughout the Colonades at
Santa Barbara CPUO. General permitted uses are those uses, which generally serve
the Developer and tenants of Colonades at Santa Barbara CPUD and are typically
part of the common infrastructure.
B. General Permitted Uses:
1. Essential services as set forth under LOC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Architectural features and elements including walls, fences, arbors, gazebos
and the like.
4. Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses, subject to Section 2.6.33.4 of
the LOC.
5. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.18 of this
CPUO.
6. Pedestrian pathways
7. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
S, Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
2.19 DEVIATIONS AND SUBSTITUTIONS
A, From LDC Section 2.2.21,3.2 (Conidor Management Overlay) which required a
minimum yard (building setback) of 50' for parcels along Golden Gate Parkway to
permit a minimum yard (building setback) of 40' (~.ee Section 3.4.C.1.a). This
deviation is permitted due to the proposed additional right-of-way taking of 9.1' for
expansion of Golden Gate Parkway.
Agenda Item No, 17 A
, May 25, 2004
Page 66 of 75
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SECTION HI
OFFICE DISTRICT
"0"
3.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
within Colonades at Santa Barbara CPUD designated Commercial on the Master Plan.
3.2 GENERALDES~ON
A. Areas designated as Office on the CPUD Master Plan are intended to provide a
maximum of 35,000 square feet (gross leasable area) of office uses as conceptually
depicted on the Master Plan.
B. No one building may exceed 25,000 square feet in gross leasable floor area.
C. No business may be open to the public after 9 p.m.
3.3 PERMITTED USES AND STRUCTURES
<-,'-
No building or 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. Security and commodity brokers, dealers, exchange and services (6211-
6289)
2. Insurance Carriers and agents (6311-6399, 6411)
3. Real estate (6512-6553)
4. Holding and other investment offices (6712-6799)
5, Tax return preparation (7291)
6. Business services (7311, 7322-7331, 7336, 7338, 7371-7376. and 7379
(including only those business services conducted in an office area))
7. Health services (8011-8049, 8071-8092) (8082, only those services
conducted in an office area.)
8. Legal Services (8111)
9, Engineering, accounting, research, management and related services (8711-
8733--except 8713 uses are prohibited, 8741-8743, 8748)
10. Executive Offices (9111)
11. Executive and Legislative Offices (9111, 9131)
B. Permitted Accessory Uses and Structures
- 1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Accessory apothecary facility only in conjunction wi~ me~c'Vt offi<f.S' 17
gen a em o. A
May 25. 2004
Page 67 of 75
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3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 S.P. for fee simple lots; however, there shall be no
minimum lot area for condominium parcels.
B. Minimum Lot Width: 50 Fr. for fee simple lots; however, there shall be no
minimum lot area for condominium parcels.
C. Minimum Yard Requirements:
1. Principal Structure Setbacks:
a) Golden Gate Parkway: Forty feet (40')
b) Santa Barbara Blvd: Twenty-five feet (25')
c) Internal Frontage Drives: Five feet (5')
d) Distance Between Free Standing Uses: Thirty feet (30')
e) Minimum Building Setback from Non-Right-of-Way Perimeter
Project Boundary of CPUD:
1. One hundred feet (100') from the north boundary.
11. Thirty-five feet (35') from the west boundary,
f) Preserve Boundary: Twenty-five feet (25')
2) Accessory Structure Setbacks:
a). One hundred feet (100') from the north boundary, except that a
gazebo, water feature and similar open space uses may be located
up to 50' from northern boundary.
b). Thirty-five feet (35') from the west boundary.
c). Preserve boundary Ten feet (10').
d). Road ROW: Twenty-five feet (25')
D. Maximum Height:
1. Office Buildings: One story, not to exceed thirty-tive feet (35').
2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15
8.2.
Agenda Item No. 17 A
May 25, 2004
Page 68 of 75
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3. Architectural features: Forty-five feet (45')
.-
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Agenda Item No. 17A
May 25. 2004
Page 69 of 75
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SECTION IV
PRESERVE DISTRICT
"P"
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within the Colonades at Santa Barbara CPUD community designated on the Master
Plan as the Preserve District.
4.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full
range of conservation and limited water management uses and functions. The primary
purpose of the Preserve District is to retain viable naturally functioning wetland and
upland systems.
4.3 USES PERMITTED
Xo building or structure or part thereof, shall be erected altered or used, in whole or in
part for other than the following, subject to Regional, State and Federal permits when
required;
A. Principal Uses
1. Passive recreational areas, boardwalks.
2. Nature trails.
3. Landscape buffers.
4. Drainage, water management, subject to all needed permits.
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
4.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with Section 3.9, of
the Collier County Land Development Code.
B. Maximum height of structures - Twenty-five feet (25').
Agenda Item No. 17 A
May 25, 2004
Page 70 of 75
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this CPUD, Ex.cept where specifically noted or stated
otherwise, the standards and specifications of Division 3.2 of the Collier County Land
Development Code shall apply to this project, even if the land within the CPUD is not to
be platted. The Developer, its successors and assigns, shall be responsible for the
commitments outlined in this document. These commitments will be enforced through
provisions agreed to be included in the declaration of covenants and restrictions, or
similar recorded instrument. Such provisions must be enforceable by lot owners against
,-..'-' the developer, its successors, and assigns, prior to the development's last final
subdivision acceptance.
The Developer, its successors or assignee, shall follow the Master Development Plan and
the regulations of the CPUD, as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property, In addition, any successors or assignee
in title to the Developer is bound by any commitments within this agreement. These
commitments may be assigned or delegated to a condominiuml homeowners' association
to be created by the Developer. Upon assignment or delegation, the Developer shall be
released from responsibility for the commitments.
5.3 CPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A," CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special
land use boundaries shall not be construed to be final, and may be varied at any
time at any subsequent approval phase such as final platting or site development
plan application. Subject to the provisions of Section 2.7.3,5 of the Land
Development Code, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
-
Agenda Item No. 17 A
May 25, 2004
Page 71 of 75
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'A TE: 3/4/04
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Agenda Item No, 17 A
May 25,2004
Page 72 of 75
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Agenda Item No, 17 A
May 25, 2004
Page 74 of 75
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EXHIBIT "0"
Leqal Description
Tract 112, Golden Gate Estates
-, Unit No. 30, a~) Recorded in Plat Book 7, P'Jge 58
of the Public Records of Collier County.
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Agenda Item No. 17 A
May 25. 2004
Page 75 of 75
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A VROW2004-AR57l5
SHEEr 1 OF 1
EXECUTIVESU~ARY
A VROW2004-AR5715 to disclaim, renounce and vacate the County's and the Public's interest in the
20 foot wide alley in Block A, according to the plat of "Immokalee, Horida", as recorded in Plat Book
1, Page 60, Public Records of Collier County, Florida. Located in Section 3, Township 47 South,
Range 29 East.
OBJECTIVE: To adopt a Resolution to vacate the 20 foot wide alley in Block A, according to the
plat of "lmmokalee, Horida".
CONSIDERATIONS: AVROW20Q4-AR5715 has been received by Planning Services from James
L. McGee, P.E. and William L. Barton, as agents for the petitioners, Pablo and Agustina Grimaldo,
requesting the vacation of the 20 foot wide alley in Block A so that the entire Block A can be
incorporated as one building site. The Pace Center For Girls is proposed to be constructed at this site
and the building will be positioned where the alley is now platted. The petitioner owns Lots 1 through
16 which are located on both sides of the platted alley. The alley was never constructed.
Letters of no objection have been received from the following Collier County Departments:
,.--- Transportation, Engineering Services and Sheriff. Letters of no objection have also been received from
lmmokalee Fire Control District, lmmokalee Water and Sewer District, Lee County Electric
Cooperative, Comcast Cable and Sprint. Zoning is C5.
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the
petitioners which covers the County's cost of advertising, recording and processing the Petition.
GROWTH MANAGEJ\lIENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
ENGINEERING SERVICES STAFF RECOMMENDATION:
Recommendation that the Board of County Commissioners:
1. Adopt the Resolution for Petition A VROW20Q4-AR5715 for the vacation of the 20 foot wide alley
in Block A, according to the plat of "Immokalee, Horida"; and
2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to
record a certified copy of the Resolution in the Official Records; and
3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat.
,"""'"
Agenda Item No. 178
May 25, 2004
Page 1 of 40
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COLLIER COUNTY
.- BOARD OF COUNTY COMMISSIONERS
Item Number 17B
Item Summary AVROVl/2004-AR5715 to disclaim, renounce and vacate the County's and the
Public's interest in the 20 foot wide alley in Block A, according to the plat of
"Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of
Collier County. Florida, Located in Section 3, Township 47 South, Range 29
East
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Rick Grigg Land Surveyor
Community Development & Engineering Services
Environmental Services
Approved By
Thomas e. Kuck, P.E. CDeS Engineering Services Director Date
Community Development & CDES Engineering Services
Environmental Services 4/26/2004 12:29 PM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Admlnstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 41271200411:32 AM
Apprond By
-, Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 4130/2004 1 :39 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 4130120044:12 PM
Approved By
James V, Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/312004 6:48 PM
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Agenda Item No. 178
May 25, 2004
Page 2 of 40
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RESOLUTION NO. 2004.
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VROW2004-AR5715 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLICS
INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK A, ACCORDING TO
THE PLAT OF "IMMOKALEE, FLORIDA", AS RECORDED IN PLAT BOOK
I, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST.
WHEREASpursuant to Section 177.101, Florida Statutes, James L. McGee, P.E. and
William L. Barton, as agents for the petitioners, Pablo and Agustina Grimaldo, does hereby
request the vacation of the 20 foot wide alley in Block A, according to the plat of "Immokalee,
Florida" as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot
wide alley in Block A, according to the plat of "Immokalee, Florida" as more fully described
below, and notice of said public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following 20 foot wide alley are hereby vacated, extinguished, renounced
and disclaimed, and this action is declared to be in the Public's interest and for the Public's
benefit:
See Exhibit "A" attached hereto and incorporated herein.
Agenda Item No. 178
May 25, 2004
Page 1 of 2 Page 3 of 40
~
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County. Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this day of ,2004.
after motion, second and majority vote favoring same.
DATED:
A'ITEST: BOARD OF COUNTY COMMISSIOl'o'ERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
-,
BY:
Deputy Clerk Donna Fiala. Chairman
Approved as to fonn and legal
sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
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Agenda Item No. 178
May 25, 2004
Page 2 of 2 Page 4 of 40
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;.. EXHIBIT "AM
DESCRIPTION OF 20' ALLEY TO BE VACATED AVROW2004-ARS71S
SHEET I OF 1
ALL THAT PART OF TOWNSITE OF IMMOKALEE ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK I, PAGE 60. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE 20' ALLEY ADJOINING LOTS 1 - 16. BLOCK A L rING BETWEEN FIRST STREET AND
SECOND STREET OF SAID TOWNSITE OF IMMOKALEE.
CONTAINING BODO SOAURE FEET MORE OR LESS
SUBJEC TO EASEMENTS AND RESTRICTIONS OF RECORD
By______ ~--~,h~4:-----------------
JOHN E. OUTWELL. P.S,M. LSJ J J4
CE FrCAr, OF AUTHORIZA TlON ILB-4J
R/W = GHT OF WAY
P.B. = PLA T BOOK
DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
UNLESS A COMPARISION IS MADE. MEASURED BEARINGS AND DISTANCES ARE
IDENTICAL WITH PLAT VALUES.
- 60' R/W -
OAK STREET
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Agenda Item No, 178
May 25, 2004
Page 6 of 40
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Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt [pE"-I'rION FcE. ~Ec:e:.rP"'r)
Trans Number Date Nbr
470600 4/1/20042:12:56 PM
Appl Name: WILLIAM L BARTON
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 605 PALM CIR E NAPLES FL 34102
Proj Name: PACE CENTER FOR GIRLS
Type: T AZ: 252/25
Subdiv Nbr: 919
Project Nbr: 2004040005
Payor: PACE
Fee Information
G L Account Amount Waived
13113832632910000000 . . $1000.00
Total $1000.00
Payments
AccounVCheck Number Amount
1700003003 $1000.00
Total Cash I . $0.001
Total Non-Cash $1000.00
T otaf Paid I $1000.00 I
Memo:
Cashier/location: GARRETT _S / 1
User: WILLOUGHBY _C
Collier County Board of County Commissioners ~~:25a~PM
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*** 1914983 OR:. 2036 'PG:1539 tit ~
RlCOlDlD 1D omCIlL RlCOlDS of COLLlIl count, n
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WILLI 'L 33935
I'ul:d m Nwnbct:
a_ICe #1 TIN: 1
O_#lTIN: ~E.D .
Personal Representative's Distributive
This Indenture, is made tbis ,lOth day of ... February
Rosa Grimaldo Martinez' . .. .
tM d~ly q;'.lIr~ .nd octlna p"non.1 rcp_tatM: oflhalliate of Manuel A. Grima 1 do . .
party of the Drst pari, and Pablo Grimaldo and Aqustina Alejo Grimaldo, husband and
wife, tenants by the entireties with right of survivorship,.
wboKpootofrlcUdd.....il:924 Miriham Drive, IMMOKALEE, Florida 33934
oftMCounlyof COLLIER ,SI.leof Florida , parties orthuecond part.
Witnesseth: ThaI WHEIU!AS, Manuel A.. Grimaldo dkd lntc.llte · JCIlcknt of
collier ,'" Co~nl)'. Florida, on November 19th .1993 .KlzcdandJXllllCDCdOrthcreatproperty ·
herelnaller described; and
Whereas, Iltle 10 said property passed 10 Ihe particll of the ICCOnd pari .. of Ihe dale of IIld dcto:derll'l death p~rs~.nl 10 lhe fIorida law 01
dcsccIltall<l dialrib~lion .. will more r~lIy appear from those certain procccdinp in the Or<uil Court ror Co 11 i e r County,
F\orlda. Probate Division ,in Cue No.9 4 -59-CP-02 ,subJect only 10 lhe: riahl ollhe part yo/the first part to acI1 or
CIIC\llllbct lhe prop"rty for tha p~11"* of defrayinl c1ainll, 0ClIl.. a.ncl ..penaes or administration 01 decedent'. catatC; IJId
Whereas, the party,of the firat part wishes to distnbu'e lIid property 10 the patti.. 0/ lhe second I"'rt and evidence lhe re_ ollhe property
rrom ..14 ript to IOU or ellC\lmMr,
Now Therefore, In consideratiOn or Ihe forepnl 111<I In connection wilh the diltributlon of Ihe estate of said dcccdcnl, the party of
__" Ihe n",t pari .... tcleased to the parties or the MCOnd part lhe ri&ht10...11 or enc~mher said propert, 111<I pnled, eon.cycd and conrormed unto
the parties of tile accond part. 'Ihelr hel", 111<I aaipll rotcllCr, III of Ihe Interest 0/ uldcleccclcnl in ond to lhe ....1 propertY situatoclln
COLLIER Co~nly, florid.. deocribedas roll""" '
All of LOts Nos. 1 through 16, inclusive, Block A, Townsite of
Immokalee, according to the plat thereof as recorded in Plat
Book 1, Page 60, of the'Public Records of collier county,
situate Section 3, Township 47 south, Range 29 East.
Being all or part of the same property acquired by Grantor,
from Consolidated Land Company, by deed dated April 27, 1918,
recorded among the Public Records of Collier County, Florida,
in Book 51, Page 650.
Together with aU and linl"l.. Ihe ten~enLl, hereditlments,. and Ipp~rten.nccS belon&in& 10 or in Iny way IppelUinlncto the ieal property,
.~b)ecl to all rcstrictlOllS, reselY&liOllS, all<l easements of record, ir an" In<! ad valorem t.... ror the nlrrent )'Uf. '
BcCllIllC this deed Is &Wen to evidence lhe diltrib~tiOll or .....IS of a decedent'l ,,'"10 an<! inyo1YcS the llIIumplion 0/ DO mortpS"o IIIjaim_ltat.
documentlry 11ImI'" are Irrued. '
I n Witness Whereof, the ~ndersl&nocl, as personal represenlative of Ihe ","Ie 01 said dc<cdcol, has, executed IhIs inslt\lme1l1 under
seal 01\ the date .r.......iel.
Signed sellled.aDdddlvered ID OU?RSeDce: ..' >' F.'. . > ,... ,
~.._ _. ')" .~_~'~ . ~ k j)~j); (>>.
P nted. Name: F.:rol'/'v h1. SlTRAUs..S Rosa Grimaldo Marti
witness. .... ... . ... , .. .., ..' ....... r.O.Add.- UlIleLcaaue1.ol6.1mmokal....F\. ~
a~~~.~~~ '"" -....
witness .... ,~
STATB opFlorida
COUtn'Y op COLLIER
The rorcpnc Inslnlmcnl wuecknowledaed herore me this loth doyor February. 19 95 by
Rosa Grimaldo Martinez -~
..\l~ "11<< O.PIClAL NOTARY SIAl.
0' ., ~ UllOA LOU VAUGHAN
,__, ' ~ ~('\ CotlllllSlON NUIlIIUI
aspersooalrepresentllMloltheOllateof Manuel A. Grimaldo ; I" Shel~'" 7
I known 10 me or"" prod~ced hor Florida driver's license.. idenlineallon. '7~ o~ MY F eo:'M'~N9:XP'
This Docun,enl prepated By: Wayne E. ~lee 8
AllOI1IC1al 1.- PClIl orrICO IJm 640 ' 04
3111Iardcc51IllCtLaflcllc,I'Iorida Page 8 of 40
lJ\ollLlA 1'1.. 339'3S
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r 2003 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENT
SCOUNT EARNED ~% IN NOV 3% IN DEC 2% IN dAN 1% IN FEB 0% IN
MOUNT DUE 3,163.0 3,196.0 3,221!1.9 3,c61.9 3,
-- RlIWE '....- AlITHlIIlITY # .......s. __ __ .. A U.s. WI TO:
:smJ AD lIAUIREIIlUR al.UER C8III1YlU al.LECTOR
~.l6]' 8lf2.79 ClUIT
3.969 8 0 3 . 72 SCllOlll- S1lIJ'E CIIIRIHOOSE lDIUl. ~ C-1
2.555 5], 1.39 sa...-LOCM. IIAPIB, I\DRIDA X112-4997
em
AI 1.952 395.55 DBEIIIIIB>r EStROW CODE
.52 1012.122 WIUBI.sT.
3.105 12 2 & . 7 & laP. SPB:W. GRIMALDO, PABLO l AGUSTINA
nrEII APPR. DBn'. t:t2~ "ERIHA" D~
16.270 3,29Q.1!I5 2 InnOKALEE Fl ~1~2-
RAtE PER ..... tIl.IIIB &tHhwallS
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!UI. OESC. PAID",:-,D3/30/n.~; ... 3,21H
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0000051190040000 0000329485 000000000000000 7 ".....,,"........: ~- ~ ' . ..,.~. "',>.- - -.."c
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Agenda Item No, 178
May 25, 2004
Page 9 of 40
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Agenda Item No, 178
May 25,2004
Page 13 of40
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Details Page 1 of I
(j)
Folio No. 00115880005 M
Owner Name CHAPMAN FRUIT CO INC
Addresses 203 OAK ST ....
Cltv IMMOKALEE 11 StateD FL . Zip I 34142 . 3768
Legal 34729 COMM NW CNR SW1f4 OF
NW'14 SEe 3, S287FT, I! 40FT
TO POB, S238fT, E 847.27FT N
15DEG E 255.21FT, W 891.10FT . ,
"For more than four lines of Legal Descrlptton please call the Property Appraiser's Office, .
Section Township Acres
03 47 5.33
Sub No. 100
"0 Use Code 44 5
2003 Final Tax Roll Values Latest Sales History
Land Value S 259,838.00 I Date I Book. Page II Amount I
(+) Improved Value $ 952,677.00
(=1 Market Value $1,212,515.00
(-) SOH Exempt Value $0,00
(=) Assessed Value . $1,212,515,00
,....!i;i, Homestead and other Exempt Value $ 0.00
(=) Taxable Value $1.212,515.00
SOH = 'Save Our Homes' exempt value due 10 cap on assessment
increases.
;
. "
; " .
-
The Information Is Updated Weekly.
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Agenda Item No, 178
May 25,2004
Page 14 of 40
http://www.collierappraiser,comIRecordDetai1.asp?FolioID=OOOOOOO 115 880005 4/1/2004
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Details Page l.ofl
Folio No. 00120200007 MaA
Owner Name TOMATO MAN INC
Addresses PO BOX 3266
Cltv IMMOKAlEE n State I Fl U Zlpl34143 .3266
legal 347 29 PART OF BlK F, ALL OF
BlK G, PT OF VACATED RR ST, PT
OF All RR RW & UNPLATTED
ADJACENT PROPERTY DESC AS:
"For more than four lines of legal Description please call the Property Appraiser's Office.
Section Township Acres
03 47 9.01
Sub No, 100
~ Use Code 44
2003 Final Tax Roll Values Latest Sales History
land Value $ 441,385,00 Date Book. Page Amount
(+) Improved Value $1,156,201,00 04'1998 .. ... 2406. 1350 $1,300,000.00
(=) Market Value $ 1,597,586.00 05'1995 2062 . 269 $0.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $ 1,597,586.00
(-) Homestead and other Exempt Value $ 0,00
(=) Taxable Value . $ 1,597,586.00
SOH = "Save Our Homes. exempt value due to cap on assessment
increases.
;
;
11IIII
The Information Is Updated Weekly.
Agenda Item No. 178
May 25, 2004
Page 15 of 40
http://www,collierappraiser.comIRecordDetail.asp?F olioID=OOOOOOO 120200007 4/1/2004
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Details Page 1 of1
_..
Current Ownershl
Folio No. 51190140007 ~.R Address NO SITE ADDRESS
Owner Name GASTON, FRED ,
Addresses 110 N 1ST ST :
cItY IMMOKAlEE I StateU Fl U ZiP. 34142 .3702
Legal IMMOKAlEE BlK BLOTS 5.16 &
VAC !JW 20FT ALLEY ADJ TO &
LYING S OF LOTS 5-8, LESS SLY
20FT OF LOTS 9.16 FOR ROAD R/W
"For more thIn four lines of Leglll Description please call the Property Appraiser's Office.
Township Range Map No.
47 29 2E03
416S00 IMMOKAlEE ""lIIaQe Araa
27 IMPROVED COMMERCIAL S.
2003 Final Tax Roll Values Latest Sales History
Land Value S 10S,OOO.00 Date Book. Page Amount
(+) Improved Value S SOO,OO 01 / 2004 3487.1023 $0.00
(,;;,) Market Value S 105,SOO.00 03 / 2003 32~_6 S 0.00
(-) SOH Exempt Value S 0.00 06 / 2002 30S7 . 664 ... S 0.00
(;) Assessed Value S 10S,500.00
....., Homestead and other Exempt Value S 0.00
Is) Taxable Value S 10S,500.00
SOH = .Save OUf Homes. exempt value due to cap on assessment
Increases.
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;
11IIII
The Information Is Updated Weekly.
,-
Agenda Item No, 178
May 25, 2004
Page 16 of 40
http://www.collierappraiser,comlRecordDetail.asp?F olioID=0000051190 140007 4/112004
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Details Page 1 of 1
Owner Name GASTON, FRED
Addresses 110 N 1ST ST ..,
CItv IMMOKALEE I Statel FL 1 ZIDH 34142 -3702
Legal IMMOKALEE BLK BLOTS 1-4 & N
10FT OF E1W VAC ALLEY ADJ TO &
LYING S OF LOTS 1-4 .... ..
Section Township Range Acres
03 47 29 0.69
416500 IMMOKALEE
27 IMPROVED COMMERCIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 50,625.00 I 07 ~~~93 I Book. Page II Amount I
I (+) Improved Value $ 30,482.00 1842.1519
.. $ 0.00 _
CD) Market Value S 81,107.00
(-) SOH Exempt Value $0.00
(-) Assessed Value S 81,107.00
H Homestead and other Exempt Value $ 0.00
ta) Taxable Value $ 81,107.00
SOH = .Save Our Homes. exempt value due to cap on assessment
Increases.
;
;
...
The Information is Updated Weekly.
Agenda Item No. 178
May 25, 2004
Page 17 of 40
http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000051190120001 4/1/2004
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Folio No.1 81681720003 Map.
Owner Name AYALA,MATEO-&NORA .
Addresses 207 WASHINGTON AVE
City IMMOKALEE I State" FL I z1pl34142.3133
Legal FRED WHIDDENS BLK 4 LOTS 8, 9
AND LOT 23 LESS 20FT R/W
Section Acres Map No, Strap No.
04 0.43 2E04 711400482E04
Sub No, 711400 WHIDDEN, FRED
-t Use Code 10 VACANT COMMERCIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 47,000,00 I 03~~t:90 ~ Book - Page I Amount
(+) Improved Value $0.00 jp16 -1788 S 50,200.00
(=) Market Value $ 47,000,00
(-) SOH Exempt Value S 0.00
(=) Assessed Value $ 47,000.00
(-) Homestead and other Exempt Value S 0.00
(=) Taxable Value S 47,000.00
~OH = .Seve Our Homes' exempt value due to cap on assessment
'reases,
;
;
-
The Information Is Updated Weekly.
,,,,--
Agenda Item No. 178
May 25, 2004
Page 18 of 40
http://www .collierappraiser.com/RecordDetail.asp?Fo lioID=OOOOO81681720003 4/1/2004
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Details Page 1 of 1
I Falla No,~ 81681680208 MaR I
Owner Name RODRIGUEZ, MARIA C
Addresses 5120 DEER RUN RD
Cltv IMMOKAlEE U StateD Fl U ZIDU 34142.2318
I legal~ FRED WHIDDENS BlK 4 lOT 7 I
Section Township Range Acres
04 47 29 0.13
Sub No, 711400 WHIDDEN, FRED
-1J Use Code 0 VACANT RESIDENTIAL
2003 Final Tax Roll Values Latest Sales History
land Value S 6,738,00 I 09 ~:~03 ~ Book. Page I Amount I
(+) Improved Value S 0,00 3393 . 2022
S 0.00
(=) Market Value S 6,738.00
(-) SOH Exempt Value S 0.00
(=) Assessed Value S 6,738.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value S 6,738.00
SOH = 'Save Our Homes' exempt value due to cap on assessment
increases.
:
;
Im:lDI
The Infonnation is Updated Weekly.
Agenda Item No, 178
May 25, 2004
Page 19 of 40
http://www,collierappraiser.com/RecordDetail.asp?FolioID=0000081681680208 4/1/2004
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-
Folio NO.~ 81681680101 Map I
Owner Name ZUNIGA, LUCY
Addresses 331 ADAMS AVE W
City IMMOKALEE II StateR FL n ZlpH 34142.3109
I Legall FRED WHIDDENS BLK 4 LOT 6 I
Section Acres Map No, Strap No.
04 0.13 2E04 711400 462E04
Sub No. 711400 WHIDDEN, FRED
"tl Use Code 0 VACANT RESIDENTIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 6,738.00 I 09~a::03 ~ Book. Page II Amount I
-(+) Improved Value $ 0.00 3393 . 2021
$ 0.00
(=) Market Value $ 6,738.00
(-) SOH Exempt Value $0,00
(s) Assessed Value $ 6,738.00
(_) Homestead and other Exempt Value $0,00
(=) Taxable Value . . $ 6,738.00
SOH = .Save Our Homes' exempt value due to cap on assessment
......lC\~reases.
;
;
tadiI
The Information Is Updated Weekly.
,.,---.
Agenda Item No. 178
May 25, 2004
Page 20 of 40
http://www,collierappraiser.com/RecordDetail.asp?F olio1D=0000081681680 1 01 4/1/2004
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Details Page 1 of 1
Folio No, 81681680004 Mil
Owner Name GRIMALDO, PABLO=& AGUSTINA A ,
Addresses 924 MERIHAM DR
City 'MMOKALEE I Statel' Fl .. H Z'DU 34142 .
I legall FRED WHIDDENS BlK 4 LOT 5 I
Section Township Range Acres Map No.
04 47 29 0.13. 2E04
Sub No, 711400 WHIDDEN, FRED Mlllaoe Area
-1l Use Code 0 VACANT RESIDENTIAL 5
2003 Final Tax Roll Values Latest Sales History
land Value $ 6,738.00 I Book - Page Amount I
(+) Improved Value $0.00 2036 -1538
$ 0.00
(=) Market Value $ 6,738.00
(-I SOH ExemDt Value $ 0,00
(=) Assessed Value $ 6,738.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 6,738.00
SOH = .Save Our Homes. exempt value due to cap on assessment
Increases.
;
;
-
The Information is Updated Weekly.
Agenda Item No. 178
May 25, 2004
Page 21 of 40
http://www .collierappraiser.comIRecordDetail,asp?FolioID=0000081681680004 4/1/2004
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Details Page 10f!
Folio No, 81681640002 MaR
Owner Name GRIMALDO, PABLO=& AGUSTINA A
Addresses 924 MERIHAM DR .
City IMMOKALEE U Statell FL H ZIDU 34142 .
Legal FRED WHIDDEN! BLK 4 LOT 4 OR
2036 PG 1538
Section Range Acres
04 29 0.13
Sub No. WHIDDEN. FRED
"'0 Use Code IMPROVED COMMERCIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 6,738.00 Book. Page Amount
(+) Improved Value S 22,145.00 lQ3.6 . 15,3JI $ 0.00
(=1 Market Value $ 28,883,00
(-) SOH Exempt Value $ 0.00
.. (=) Assessed Value .. $ 28,883.00
(-) Homestead and other Exempt Value $0.00
(=1 Taxable Value $ 28,883.00
)H . "Save Our Homes" exempt value due to cap on assessment
;reases.
;
;
11I1III
The Information Is Updated Weekly.
.-.
Agenda Item No. 178
May 25, 2004
Page 22 of 40
http://www,collierappraiser .comlRecordDetail.asp?F olioID=0000081681640002 4/1/2004
.., '0 " ' ~'~i:',~.."c1' ;
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Details Page I of 1
Folio No. 81681600000 Mall.
Owner Name GRIMALDO, PABLO=& AGUSTINA A .
Addresses 924 MERIHAM DR ,
City IMMOKALEE n . Statel FL g ZIDn 34142.
Legal FRED WHIDDENS BLK 4 LOT 3 OR
2036 PG 1536
Section Township Range Acres
04 47 29 0.13
Sub No. 711400 WHIDDEN, FRED
-1J Use Code 2 MOBilE HOMES
2003 Final Tax Roll Values Latest Sales History
land Value S 6,738.00 I Date ~ Book. Page /I Amount . I
(+) Improved Value 2036 . 1536
$ 4,445.00 03 J 1995 $ 0,00
(=) Market Value $11,183.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $11,183.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $11,183.00
SOH = .Save Our Homes. exempt value due to cap on assessment
Increases.
;
;
r:IlDiI
The Information Is Updated Weekly.
Agenda Item No, 178
May 25, 2004
Page 23 of 40
http://www.collierappraiser,comIRecordDetail.asp?FolioID=0000081681600000 4/1/2004
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Details Page 1 of 1
Folio No. 81681560001 Ma~
Owner Name ORTIZ, MARIA DEL SOCORRO V . ,
Addresses 127 N 1ST S1
Cltv IMMOKALEE n Staten FL U ZIDD 34142.3701
I . Legal~ 7'ED WHIDDENS BLK 4 LOTS 1 + I
Section Township Acres
04 47
Sub No, 711400 WHIDDEN, FRED
-1l Use Code 1 SINGLE FAMILY RESIDENTIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 15,400.00 I Book - Page ~ Amount I
(+) Improved Value S 21,701.00 28Z6-=-2ill $ 35,700.00
(e) Market Value $ 37,101.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 37,101.00
l-l Homestead and other Exempt Value $ 0.00
(e) Taxable Value $ 37,101.00
SOH = 'Save Our Homes' exempt value due to cap on assessment
........,reases.
;
;
11IIII
The Information Is Updated Weekly.
-
Agenda Item No, 178
May 25, 2004
Page 24 of 40
http://www.collierappraiser.comIRecordDetail.asp?FolioID=000008168156000 1 4/1/2004
.'-."
~-"'-'-~---'~-'''-'-
Details Page 1 of 1
Owner Name FROST, EDDIE D=& JULIE B
Addresses 126 SENTINElLA CT ,
City lEHIGH ACRES . StateR Fl D ZIDI 33936 . 0702
I legall FRED WHIDD!NS BlK 1 LOTS 11 +
12 . ... .. .. .
SectIon TownshIp Range Acres
04 47 29 0.25
Sub No, WHIDDEN, FRED
-t Use Code IMPROVED COMMERCIAL
2003 Final Tax Roll Values Latest Sales History
land Value $ 19,250.00 Date Book. Page Amount
(+) Improved Value $149,291.00 06/2003 3405 . 1536 $ 385,000.00
(=l Market Value $168,541.00 09 / 2002 3115 . 3034 $ 783,000.00
(-) SOH Exempt Value S 0.00
(=) Assessed Value $168,541.00
(-) Homestead and other Exempt Value S 0.00
I=l Taxable Value , $168,541.00
SOH = 'Save Our Homes. exempt value due to cap on assessment
increases,
;
;
-
The Information is Updated Weekly.
Agenda Item No. 178
May 25, 2004
Page 25 of 40
http://www.collierappraiser .comlRecordDetail.asp?F oliolD=O000081680 160004
------
Details Page 1 of 1
,-
Folio No.1 81680120002 Mall
Owner Name FROST, EDDIE e-& JULIE B . ,
Addresses 126 SENTINELLA CT .
City LEHIGH ACRES I State I FL U ZIDH 33936 - 0702
L.gal~ FRED WHIDDENS BLK 1 LOTS 9 +
10 . ,; . .. ....
Section Acres Map No.
04 0.25 2E04
2003 Final Tax Roll Values Latest Sales History
Land Value $ 19,250.00 Date Book - Page Amount
(+) Improved Value . $ 0.00 09 J 2003 3405 . 1536 $ 385,000.00
(=) Market Value $ 19,250.00 09 J 2002 ID5-~~ $ 783,000.00
(-) SOH Exempt Value $ 0,00
(=) Assessed Value . $ 19,250.00
(-) Homestead and other Exempt Value . . $ 0.00
(=) Taxable Value $ 19,250.00
"H = .Save Our Homes. exempt value due to cap on assessment
eases.
;
;
-
The Information is Updated Weekly.
-
.,--
Agenda Item No. 178
May 25, 2004
Page 26 of 40
http://www,collierappraiser.comIRecordDetail.asp?F olioID=O000081680 120002 4/112004
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Details Page lof 1
-
Current Ownership
I Prope Address 106 2ND ST N
Owner Name ROSILLO, JOSE LUIS .'
Addresses 1509 IMMOKALEE DR lOT E6 ,
City IMMOKAlEE I State' FL B ZIDI34142 .3400
\ Legal~ ~~ED WHIDDENS BlK 4 LOTS 16 +
Section Township Range Acres Strap No.
04 47 29 0.34 711400 4 162E04
Sub No. 711400
-1J Use Code 2
2003 Final Tax Roll Values Latest Sales History
Land Value S 17 ,500.00 Date Book. Page Amount
(+) Improved Value S 18,450.00 03 / 2000 2650 . 3207 $ 55,000.00
(=) Market Value $ 35,950.00 10/1988 1389. 645 $ 0.00
(-) SOH Exempt Value $0,00
(=) Assessed Value $ 35,950.00
(_) Homestead and other Exempt Value S 0,00
(=) Taxable Value S 35,950.00
SOH = .Save Our Homes. exempt value due to cap on assessment
increases.
;
;
-
The Information Is Updated Weekly.
Agenda Item No, 178
May 25, 2004
Page 27 of 40
http://www.collierappraiser.comIRecordDetai1.asp?FOlioID=0000081681840006 4/1/2004
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Details Page 1 of 1
- UID
Folio No. 81681800004 Ma
Owner Name DE LA lUZ RUEDA, MARIA .. , ,
Addresses CYNTHIA CHRISTINE HINOJOSA .. . ...
920 NEW MARKET RD W .. ..
City IMMOKAlEE R Stltell Fl R Zip. 34142 .3048
Legal FRED WHIDDENS BlK 4 LOTS 14 +
15 OR 1771 PO 2308
I Section ; Township ~ Range I
04 47 29
Sub No. 711400 WHIDDEN, FRED
"0 Use Code S MUL TI-FAMIL Y LESS THAN 10 UNIT
2003 Final Tax Roll Values Latest Sales History
land Value $ 17,500.00 Date Book - Page Amount
1+) Improved Value. $ 63,052.00 01/ 2002 2963 0 2467 . $0.00
1=) Market Value $ 80,552,00 11/1992 1771 - 2308 $ 0.00
(-) SOH Exempt Value $ 0.00
1=) Assessed Value S 80,552.00
(o) Homestead and other Exempt Value S 0.00
- - (=) Taxable Value $ 80,552,00
i = 'Save Our Homes' exempt value due to cap on assessment
. eases,
;
;
11IIII
The Information is Updated Weekly.
.,-.
Agenda Item No. 178
May 25, 2004
Page 28 of 40
http://www ,collierappraiser.comlRecordDetail.asp?F olio1D=0000081681800004 4/1/2004
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Details Page 1 of 1
Folio No. 81681760005 Map
Owner Name RAYNOR, JAMES G=& SHIRLEY
Addresses PO BOX 1012
CItv IMMOKALEE H StateD FL n ZIDN 34143 -1012
Legat FRED WHIDDENS BLK 4 LOTS
10-13 OR 1014 PG 79
Section Township Range Acres
04 47 29 0.69
Sub No. 711400 WHIDDEN, FRED
""0 Use Code 11 IMPROVED COMMERCIAL
2003 Final Tax Roll Values Latest Sales History
Land Value $ 31,150.00 I Date U Book - Page U Amount I
(+) Improved Value $ 94,285.00
(=) Market Value $ 125,435.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 125,435.00
(_) Homestead and other Exempt Value $0,00
(=) Taxable Value $125,435.00
SOH = .Save Our Homes. exempt value due to cap on assessment
increases.
;
;
--
The Information is Updated Weekly.
Agenda Item No. 178
May 25.2004
Page 29 of 40
http://www .collierappraiser.comIRecordDetai1.asp?FolioID=0000081681760005 411/2004
Details Page 1 of 1
- ~ ([f)
Folio No.1181680360008 MaR II Current Ownership I
I Property Addressll202 2ND ST N
Owner Name FROST, EDDIE 0-& JULIE B .
Addr9Sses 126 SENTINELLA CT
Cltv LEHIGH ACRES U StateR FL I ZIPU 33936 .0702
Legal FRED WHIDDENS BLK 1 A PORTION
OF LOT 23 & 24 DESC AS:BEG AT
NW CNR OF LOT 24, E 20FT, N
3.50FT, E 70FT, S 10.50FT, E ......
"For more than four lines of Legal Description please call the Property Appraiser's Office. . .
Section Township Range Acres Strap No.
04 47 29 0.17 711400 1 242E04
Sub No. 711400 WHIDDEN, FRED
Use Code 1 SINGLE FAMILY RESIDENTIAL 5
2003 Final Tax Roll Values Latest Sales History
, Land Value $13,125.00 Date Book. Page Amount
(+) Improved Value $ 12,755.00 09 I 2003 3405 . 1536 $ 385,000.00
(;0) Market Value $ 25,880.00 09 I 2002 3115. 3034 $ 783,000.00
(-) SOH Exempt Value $0.00
. (;0) Assessed Value $ 25,880,00
) Homestead and other Exempt Value $ 0.00
(::1 Taxable Value $ 25,880.00
SOH = "Save Our Homes. exempt value due 10 cap on assessment
increases,
;
;
111III
The Informallon Is Updated Weekly,
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Agenda Item No. 178
May 25, 2004
Page 30 of 40
http://www ,collierappraiser.comlRecordDetai1.asp?F olioID=00000816803 60008 4/1/2004
Details Page 1 of 1
Folio No. 81680280007 MaR
Owner Name FROST, EDDIE 0"& JULIE B
Addresses 126 SENTINEllA CT
City lEHIGH ACRES I State. Fl H ZlpD 33936.0702
I legall F~ED WHIOOENS BlK 1 lOTS21 +
Section Range Acres
04 29
WHIDDEN, FRED
VACANT RESIDENTIAL
2003 Final Tax Roll Values
land Value $ 26,250.00 Date Book - Page Amount 0
(+) Improved Value 0 $ 50.00 09 I 2003 3405 . 1536 00 S 385,000,00
(=) Market Value $ 26,300.00 09 I 2002 3115 - 3034 $ 783,000.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $ 26,300.00
(_) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 26,300.00
SOH = .Save Our Homes' exempt value due to cap on assessment
increases.
;
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The Information Is Updated Weekly.
Agenda Item No. 178
May 25. 2004
Page 31 of 40
http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOO081680280007 4/1/2004
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- ~ COLLIER COUNTY GOVERNMENT ~&.rTE2: of
- -
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TRANSPORTATION SERVICES DIVISION 2705 S. HORSESHOE DRIVE
TRANSPORTATION OPERATIONS DEPARTMENT NAPLES, FL 34104
(941) 774-8494
March 24, 2004 FAX (941) 659.5787
transporta tion@colliergov.net
Mr, James L. McGee
226 Fairway Circle
Naples, FL 34110
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Re: Vacation of an Easement
Adjacent to First Street, lmmokalee
Immokalee Boys and Girls Club
Dear Mr. McGee:
Thank you for your letter of February 29, 2004, In your letter you requested vacation of
an easement platted across Lots 1-16 Block A, Immokalee Subdivision.
-
Based on a review of your request by all departments within the Transportation Services
Division, we offer no objection to your request.
. Please advise if there are any questions or if you seek any additional information.
cc: orman E, Feder, AICP, Transportation Administrator
Gregg Strakaluse, P.E., TECM Dirtector
Donald Scott, AICP, Transportation Planning Director
Diane Flagg, TO & A TM Director
John Vliet, Interim Road Maintenance Director
File: Vacations (First Street, Immokalee) -
,. . .. "
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Agenda Item No. 178
May 25, 2004
Page 32 of 40
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226 Fairway Circle
Naples, Fl 34110 Q:o~Ol
(941) 254-9536
February 29, 2004
!
Mr. John Houldsworth
Collier County Engineering Services
2800 N. Horseshoe Drive
_. ... Naples". F,L_.?,,4104.
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RE:"'Vacation-'of Easement
Dear Mr. Houldsworth:
The PACE Center for Girls is purchasing Lots 1-16; Block A,
Immokalee, Folio# 51190040000 to house a new center. The twenty-
foot easement dividing these lots must be vacated to accommodate
the facility. Please note that similar vacation has already
occurred for Blocks Band C. I have enclosed a map for your review.
Please execute the "No objection statement" below and return to
this address.
Sincerely Yours,
~~~J~~,--
U~es L. McGee
.~.I have n\ objection to the proposed vacation.
.. L\~ j()l\..I. l~ ~Il S~. E loA i..eel( .. \4le.'\- -
gnature printed name . title- date
j lm/noobj
Agenda Item No. 178
May 25, 2004
Page 33 of 40
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SHERIFF DON HUNTER · COLLIER COUNTY a.O~O \
3301 Tamiami Trail East, Bldg, J, Naples, FL 341 12-4902
(239) n4-4434 www,colliersherlff.org
March 10, 2004
Mr. James L. McGee
226 Fairway Circle
Naples, FL 34110
.-..-.- ....,.--_.-..;-;.:~>:'
RE: Vacation of Easement
Dear Mr. McGee:
Staff has reviewed your request for a letter of "No Objection" for the above described
project, The particular vacation is as described in your letter of February 29, 2004: to
-, vacate a twenty-foot easement dividing two lots so that a PACE Center for Girls may be
constructed.
The Sheriffs Office reviews these requests to determine if the granting of the
vacation will have any foreseeable negative effect on our ability to provide law enforcement
services to the area. These services include emergency response, patrol, and traffic
enforcement.
So long as the vacation, either now or in the future, does not impinge on our ability
to deliver these services, the Collier County Sheriff's Office has "No Objection" to the
granting of your request.
If the agency can be of any further service, please advise.
DH:GY:dv
File
-
Agenda Item No. 178 II
"The duty of the Collier County Sheriff's Office is to pres 4 ~,
the lives. property and constitutional guarantees ~ij,~~o 11
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226 Fairway Circle [I- 0 ^-lDl
Naples, Fl 34110
(941) 254-9536
February 29, 2004
Immokalee Fire District
502 New Market Road E.
Immokalee, FL 34142
RE: Vacation of Easement
Dear Sir:
The PACE Center for Girls is purchasing Lots 1-16; Block A,
Immokalee, Folio# 51190040000 to house a new center. The twenty-
foot easement dividing these lots must be vacated to accommodate
the facility. Please note that similar vacation has already
occurred for Blocks Band C. I have enclosed a map for your review.
Please execute the "No objection statement" below and return to
this address.
d=elJ ~=
James L. McGee
I have no objection to the proposed vacation.
~ - I.E. F: ~,x.."7U nil< ttJ,.u1f'" irt~
ign t e printed name ti tIe te'
jlm/noobj
Agenda Item No. 178
May 25, 2004
Page 35 of 40
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226 Fairway Circle [L.a ^-l 0 1
Naples, Fl. 34110
(239) 254-9536
February 29, 2004
lmmokalee Water & Sewer
Attn: Eva Deyo
Immokalee, Florida 34142
RE: Vacation of Easement
Dear Madam:
The PACE Center for Girls is purchasing Lots 1-16; Block A, Immokalee, Folio #
51 I 90040000 to house a new center, The twenty-foot easement dividing these lots must
be vacated to accommodate the facility. Please note that similar vacation has already
occurred for Blocks B and C. I have enclosed a map for your review,
Please execute the "No objection statement" below and return to this address.
,-, Sincerely Yours,
James L. McGee
I have no ob' ection to the proposed vacation,
1 Er~-kv~ T.>,'r()c~r
Eu;4-7i?)~o 3-21-0 Y
Printed name Title Date
"_.
Agenda Item No. 178
May 25, 2004
Page 36 of 40
-.,,"- ----....,
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226 Fairway Circle
Naples, Fl 34110 tL D ^-lO 1
(941) 254-9536
February 29, 2004
Lee County Electric Coop.
PO Box 3455
N. Fort Myers, FL 33918
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~,........... .,.::~ '~~- """,,,,; ~-- ,~-" "o.-'.
Dear Sir:
The PACE Center for Girls is purchasing Lots 1-16; Block A,
Immokalee, Folio# 51190040000 to house a new center. The twenty-
foot easement dividing these lots must be vacated to accommodate
the facility. Please note that similar vacation has already
occurred for Blocks Band C. I have enclosed a map for your review.
Please execute the "No obj ection statement" below and return to
this address.
a. cerely Yours,
~ J )t;{~
James L. McGee
to the proposed vacation.
. k'arPYl t-frtrdiYL {'~ 3ka,1c4
printed name title date
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: Agenda Item No. 178
I
i May 25,2004
I Page 37 of 40
I
P.O, Box 413018
-, Naples, FL 34101
Collier: 239-732-3816 b- DNa l
Lee: 239-432-1816
FAX: 239-498-4483 ,
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comcast .. :~, ..- ' ' '
Mr, James L. McGee
226 Fairway Cir.
Naples, FL 34110
Re: . Easement Vacation of rear easement on Lots 1-16; Block A, Immokalee, FL
"'----- ......_.__.,~ --
. Dear Mr, McGee,
-
Comcast has reviewed the plans of the above referenced property, Comcastha.s no
Objection to the reareasement vacation request at of the above mentioned lots. ..
Comcast has no existing service in Immokalee at this time,
If I can be of any additional assistance regarding this project, please do not hesitate to
call me.
~;eIY~~
arb Bradford ..... .. ..
239-732-3816 .. .
Planning and Design
Comcast Cablevision
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-
Agenda Item No. 17B
May 25, 2004
.. Page 38 of40
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~ Sprint P.O, Box 2459
Naples. Florida 34106-2469
March 8, 2004 [L-OI40J
Mr. James L. McGee
226 Fairway Circle
Naples, Florida 34110
RE: Petition to Vacate - Lots 1-16, Block A
Section 3 Township 47S Range 28E
Collier County
Dear ~rr: McGee'
Sprint-Florida, Inc. has no objection to your petition to vacate the following easement:
Rear 20' easement between Oak St. and Pine St, from 1 sl St. east to 2nd St. in
Immokalee, Florida
If I can be of any further assistance, please contact me at 263-6215.
Sincerely,
~
Greg Winland
Associate Network Engineer
GL W Ijw
Attach.
cc: Easement File
Agenda Item No. 178
May 25,2004
Page 39 of 40'
-"
Agenda Item No. 178
May 25, 2004
Page 40 of'40 .
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fiIe:IIC:\DqCl.!ME-1 \grig~r\LOCALS-l \ Temp\ VGM9G24A.htm . 411/2004 .
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EXECUTIVE SUMMARY
PUDZ-2003.AR.4575, Robert L. Duane, AICP, of Hole Montes, Inc., representing
Benderson Development Company, Inc., requesting a rezone from "A" Rural Agricultural
to "PUD" Planned Unit Development to be known as The Bosley PUD for a maximum of
303 multi.family atTordable housing dwelling units for property located approximately one.
quarter mile south of the intersection of 1.75 and Immokalee Road, in Section 30,
Township 48 South, Range 26 East, consisting of 20.23 acres.
OBJECTIVE:
The petitioner requests a rezone from "A" Rural Agricultural to "PUD" Planned Unit
Development for a maximum of 303 affordable housing dwelling units to be known as the
Bosley PUD.
CONSIDERATIONS:
The subject property is located in the southwest quadrant of the intersection of Interstate - 75
and Immokalee Road (CR 846), approximately one quarter mile south of Immokalee Road,
-
The Bosley PUD is proposed in order to permit a maximum of 303 dwelling units of affordable
housing within multifamily buildings, on 20.23 acres of land that are currently undeveloped,
Access to the site is proposed through the residential tract of the adjacent Donovan Center PUD
(a mixed use PUD), The Donovan Center PUD has access from Strand Boulevard, which meets
Immokalee Road at a signalized intersection.
The site lies outside Activity Center Number 4, but within the Residential Density Band
surrounding that Activity Center. Therefore, the site qualifies for a base density of up to 7
dwelling units per acre. In addition, the petitioner has submitted an Affordable Housing Density
Bonus Agreement (attached), which would permit a bonus of up to 8 dwelling units per acre, for
a requested maximum density of 15 dwelling units per acre,
Staff analysis also indicates that the PUD is compatible with the surrounding properties, The
property to the north of the subject property is being developed with commercial uses. When
residential uses are developed adjacent to commercial uses, multi-family dwelling units are
usually more compatible than single-family dwelling units, The narrow, agriculturally zoned
property to the east appears too small to be developed residentially, and therefore may be
developed with agricultural uses in the future. The agriculturally zoned parcel to the south is
being developed with the North Collier Regional Park. Parks are compatible with residential
uses. The parcel to the west is also being developed with a multi-family residential use, and is
compatible,
-
Agenda Item No. 17C
Page 1 of 4 May 25,2004
Page 1 of 147
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FISCAL IMPACT:
This rezone will have no fiscal impact on Collier County. However, the further development of
the property will result in future fiscal impact on County public facilities, The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development. The following impact fees will be applicable to this project:
Impact Fee Per Unit Total
. Park Impact Fee: $1,095 $331,785
. Libraries Impact Fcc: $ 238 $ 72,114
. Road Impact Fee $4,170 $1,263,510
. EMS Impact Fee $104 $ 31,512
. Fire Impact Fee: $0,15 per square foot under roof $ 27,270
. Correctional Facility: $118 $ 35,754
. Educational Facilities: $827 per dwelling unit $ 250,581
. Water Impact Fee TBD TBD
. Sewer Impact Fee TBD TBD
Please note that the inclusion of impact fees and taxes collected are for informational purposes
- only, they arc not included in thc critcria uscd by Staff and thc Planning Commission to analyzc
this petition,
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan,
Future Land Use Element (FLUE): This Subdistrict permits residential development at a base
density of four residential units per gross acre. In addition, a density bonus of three residential
units per gross acre is allowed for the subject property in addition to the base density because it
is located within the Residential Density Band around Activity Center Number 4, The FLUE also
allows up to 8 residential units per gross acre to be added to the base density if the project meets
thc dcfinitions and requircmcnts of the Affordablc Housing Dcnsity Bonus (AHDB) Ordinancc
(Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991).
A companion AHDB Agreement has been submitted that demonstrates the project is eligible for
the bonus of 8 dwelling units/acre, Therefore, the maximum allowable density can be fifteen
dwelling units per acre or 303 dwelling units on the subject's property of 20.23 acres.
FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to
the surrounding land uses. Analysis by the Department of Zoning and Land Development
Review staff indicates that the proposed Bosley PUD is compatible with surrounding land uses.
Transportation Element: Thc Traffic Impact Statcmcnt indicatcs that thc Boslcy PUD will
............... generatc a total of 150 AM peak hour trips and 185 PM pcak hour trips, The Transportation
Agenda Item No, 17C
Page2of4 May 25, 2004
Page 2 of 147
Services Division reviewed the proposed Bosley PUD and found that it is consistent with
Policies 5,1 and 5.2 of the Transportation Element.
Open Space/Conservation: The Environmental Services Department reviewed the proposed PUD
and found that it is consistent with the applicable policies of the Conservation and Coastal
1:1anagement Element.
ENVIRONMENTAL ISSUES:
There are no unusual environmental issues associated with this petition,
HISTORICAUARCHAEOLOGICAL IMPACT:
This parcel is not located within an Historic/Archaeological Probability Area.
EAC RECOMMENDATION:
Since there are no wetland impacts or wildlife issues, this petition was not required to be heard
by the Environmental Advisory Council.
PLANNING COMMISSION RECOM.\1ENDA TION:
-
The Collier County Planning Commission heard this petition on April 15, 2004. The CCPC
heard presentations by the petitioner, County Staff, and 3 speakers. The speakers from Collier
County Public Schools and the Affordable Housing Commission spoke in favor of the project.
The third speaker did not object to the project, but encouraged the County to widen the 1-75
bridge over Immokalee Road to eliminate a perceived bottleneck.
At the CCPC meeting the petitioner stated that an agreement had been reached between the
petitioncr and thc homcowncrs at thc Strand, involving phasing of dwclling units, No onc [rom
the Strand spoke in opposition,
Commissioner Strain made a motion to recommend approval, which included phasing, a
recommendation for a pedestrian connection to the County Park, and several other changes,
Commissioner Adelstein seconded the motion, which was approved by a vote of 8 to O.
PLANNING SERVICES STAFF RECO~ENDATION:
Because the proposed PUD has been found compatible with the neighborhood and consistent
with the Growth Management Plan (including the Density Rating System and the Transportation
Element) Staff recommended that the Collier County Planning Commission forward a
recommendation of approval of petition PUDZ-2003-AR-4575 subject to the conditions of
approval that have been incorporated into the PUD document.
-
Agenda Item No, 17C
Page 3 of 4 May 25, 2004
Page 3 of 147
G:\Current\rei schl\PUD\bos ley'.execsumm
-
,-,
Agenda Item No, 17C
May 25, 2004
Page 4 of 4 Page 4 of 147
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 17C
Item Summary This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members, PUDZ-2003-AR-4575, Robert L. Duane,
AICP, of Hole Montes, Inc" representing Benderson Development Company,
Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit
Development to be known as the Bosley PUD for a maximum of 303 multi-
family affordable housing dwelling units for property located approximately one-
quarter mile south of the intersection of 1-75 and Immokalee Road, in Section
30, Township 48 South, Range 26 East, consisting of 20,23 acres.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
Fred Relschl, AICP Principal Planner
Community Development &
Environmental Services Zoning & land Development Review
Approved By
Ray Bellows Chief Planner Date
Community Development &
Environmental Services Zoning & Land Development Review 5/11/20049:59 AM
Approved By
Susan Murray, AICP Zoning & land Development Director Date
Community Development &
Environmental Services Zoning & land Development Review 5/11/20044:16 PM
,--
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/12/20044:26 PM
Appro,'ed By
Sandra lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/12/2004 11 :36 AM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Dale
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/13/2004 12:56 PM
Appro,'ed By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20043:29 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's OffIce Office of Management & Budget 5/18/2004 9:39 AM
Approved By
James V. Mudd County Manager Date
,- Board of County
Commissioners County Manager's Office 5/18/20045:48 PM
Agenda Item No. 17e
May 25. 2004
Page 5 of 147
<--..-.. --~.-
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Co~T County
- ""- ~ -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 15, 2004
SUBJECT: PETITION PUDZ-2003-AR-4575 BOSLEY PUD
AGENT/APPLICANT:
OWNER: RB-3 Associates
570 Delaware A venue
Buffalo, NY 14202-1207
APPLICANT: David Gustafson
Benderson Development Company, Inc.
8441 Cooper Creek Boulevard
University Park, FL 34201
AGENT: Robert L. Duane, AICP
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
REQUESTED ACTION: The petitioner requests a rezone from "A" Rural Agricultural to "PUD"
Planned Unit Development to be known as the Bosley PUD.
GEOGRAPHIC LOCATION: The subject Planned Unit Development (PUD) is located in the
southwest quadrant of the intersection of Interstate 75 and Immokalee Road in Section 30, Township
48 South, Range 26 East, Collier County, Florida. (See illustration on following page)
1
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 6 of 147
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Agenda Item No. 17C
May 25, 2004
Page 7 of 147
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PURPOSEIDESCRIPTION OF PROJECT:
3
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 8 of 147
mUltltamily bUildmgs, on LU.LJ acres ot land that are currently undeveloped.
Access to the subject site is proposed through the residential tract of the adjacent Donovan Center
PUD (a mixed use PUD). The Donovan Center PUD has access from Strand Boulevard which meets
,- Immokalee Road at a signalized intersection.
The site lies outside Activity Center Number 4, but within the Residential Density Band surrounding
that Activity Center. Therefore, the site qualifies for a base density of up to 7 dwelling units per acre.
In addition, the petitioner has submitted an Affordable Housing Density Bonus Agreement (attached)
whi~h would permit a bonus of up to 8 dwelling units per acre, for a requested maximum density of
15 dwelling units per acre.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Undeveloped land; zoned A
Surrounding: North: Commercial development currently under construction, zoned PUD (Donovan
Center PUD)
East: A narrow strip of undeveloped land, zoned A; across which is 1-75 ROW
South: Future site of North Collier Regional Park, zoned AlCU
West: Future multi-family residential development, zoned PUD (Donovan Center
PUD: 6.64 dula)
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4
PUDZ-03-AR-4575, BOSLEY PUD
-.
Agenda Item No. 17C
May 25, 2004
Page 9 of 147
-".".._- ~."-,, ,,-~,- -..- .
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict,
as identified on the Future Land Use Map of the Growth Management Plan.
Future Land Use Element (FLUE): This Subdistrict permits residential development (with a variety
of unit types) at a base density of four residential units per gross acre and recreation and open space
uses. In addition, a density bonus of three residential units per gross acre is allowed for the subject
property in addition to the base density because it is located within the Residential Density Band
around Activity Center Number 4, subject to the Density Rating System. The FLUE also allows up to
8 residential units per gross acre to be added to the base density if the project meets the definitions
and requirements of the Affordable Housing Density Bonus (AHDB) Ordinance (Section 2.7.7 of the
Land Development Code, Ordinance #91-102, adopted October 30, 1991). A companion AHDB
Agreement has been submitted that demonstrates the project is eligible for the bonus of 8 dwelling
units/acre. Therefore, the maximum allowable density can be fifteen dwelling units per acre or 303
dwelling units on the subject's property of20.23 acres.
FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the
surrounding land uses. Analysis by the Department of Zoning and Land Development Review staff
indicates that the proposed Bosley PUD is compatible with surrounding land uses.
Transportation Element: The Traffic Impact Statement indicates that the Bosley PUD will generate a
total of 150 AM peak hour trips and 185 PM peak hour trips. The Transportation Services Division
5
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 10 of 147
~"i';,~"!' --"-"';':"~-. t'-,.;. ..~'~~ ,,'''''1\'; -""t' ~. t.'.;,~
1 ransportatlon clement.
Open Space/Conservation: The Environmental Services Department reviewed the proposed PUD and
found that it is consistent with the applicable policies 'of the Conservation and Coastal Management
Element.
,...-
ANAL YSIS:
Staff completed a comprehensive evaluation of this land use petition using the criteria on which a
favorable determination must be based. These criteria are specifically noted in Section 2.7.2.5 and
Section 2.7.3.2.5 of the Land Development Code and require staff evaluation and comment. Each of
the considerations identified during the staff review is listed along with a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as
separate documents and are attached to this staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services Staff has reviewed the petition and notes the
following:
A. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for
open space (i.e., lakes and golf courses) and passive recreational uses only.
Vegetated preserve areas may be reconfigured provided all other applicable
requirements of this Ordinance are met. All preservation areas shall be
designated as Preservation Tracts or easements on all construction plans and
shall be recorded with protective covenants per or similar to Section 704.06 of
the Florida Statutes. Any perimeter berm or wall shall be entirely outside of all
upland and wetland preserve areas.
B. All approved agency (South Florida Water Management District [SFWMD],
- United States Army Corps of Engineers [ACOE], Florida Fish and Wildlife
Conservation Commission [FWC]) permits shall be submitted prior to final site
plan/construction plan approval.
C. Native vegetation preservation shall conform to the requirements of Subsection
3.9.5.5.3 of the Collier County Land Development Code (LDC). F or this
PUD, a minimum of 4.6 acres of native vegetation shall be retained on site at
the time of site development plan approval.
D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan
for the site, with emphasis on the Preservation Area, shall be submitted to the
Environmental Services Staff for review and approval prior to final site
plan/construction approval. A schedule for exotic removal within all
Preservation Areas shall be submitted with the above-mentioned plan.
E. This PUD shall comply with the guidelines and recommendations of the
United States Fish and Wildlife Service (USFWS) and the FWC regarding
potential impacts to protected wildlife species. Where protected species are
observed on site, a habitat management plan for these protected species shall
6
PUDZ-03-AR-4575, BOSLEY PUD
,-
Agenda Item No. 17C
May 25, 2004
Page 11 of 147
.....-,
tmal site plan/construction approval.
F. The applicant shall be subject to all environmental ordinances in effect at the
time of development order approvals to which said regulations relate.
Since there were no wetland impacts or wildlife issues, this petition was not required to be heard by
the Environmental Advisory Council.
Transportation Analysis: Transportation Division Staff has reviewed the petition and notes the
following:
A. All traffic control devices, signs, pavement markings and design criteria shall
be in accordance with Florida Department of Transportation (FDOT) Manual
of Uniform Minimum Standards (MUMS), current edition, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control
Devices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the Collier County Land Development Code
(LDC).
B. All internal roads, driveways, alleys, pathways, sidewalks maintained and
interconnections to adjacent developments shall be operated and by an entity
created by the developer; Collier County shall have no responsibility for
maintenance of any such facilities.
C. Adjacent developments have been designed to provide shared access or
interconnections with this development. The PUD Master Plan indicates these
locations. The developer, or assignees, shall assure that any such shared access
or interconnection is utilized and shall accommodate the perpetual use of such
access by incorporating appropriate language into the development covenants
or plat.
Utility Issues: The Utilities Department Staff has reviewed the petition and notes the following:
A. Water distribution, sewage collection, and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned, and maintained in accordance with Collier
County Ordinance No. 01-57, as amended, and other applicable County rules
and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed shall be customers of the County and shall be billed
by the County in accordance with the County's established rates. Should the
County not be in a position to provide sewer service to the project, the sewer
customers shall be customers of the interim utility established to serve the
project until the County's off-site sewer facilities are available to serve the
project.
7
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 12 of 147
j.j.l.l.~.lJ,
Affordable Housing: The Collier County Affordable Housing Commission reviewed the Bosley
PUD Affordable Housing Density Bonus Agreement on March 12, 2004, and recommended
approval.
-
Planning Analvsis: The Department of Zoning and Land Development Review staff reviewed the
petition for consistency with the review criteria required by the Land Development Code. Analysis
finds the PUD consistent with the Growth Management Plan, including the Density Rating System
maximum permitted density of 15 dwelling units per acre.
Staff analysis also indicates that the PUD is compatible with the surrounding properties. The
property to the north of the subject property is being developed with commercial uses. When
residential uses are developed adjacent to commercial uses, multi-family dwelling units are usually
more compatible than single-family dwelling units, The narrow, agriculturally zoned property to the
east appears too small to be developed residentially, and therefore may be developed with agricultural
uses in the future, The agriculturally zoned parcel to the south is being developed with the North
Collier Regional Park. Parks are compatible with residential uses, The parcel to the west is also
being developed with a multi-family residential use, and is compatible.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on November 12, 2003, at the clubhouse
within The Strand subdivision to the north. The meeting was attended by approximately 100
individuals. Of those people who spoke, most lived in The Strand and most were opposed to the
proposed PUD. Neil Dorrill, Strand property manager, suggested a meeting with Transportation and
Housing staff to discuss issues regarding traffic impacts and the affordable housing element of the
proposed rezone, which are the chief concerns of the neighbors at The Strand.
,.....-<.,
That meeting was held on December 12, 2003 at the Community Development and Environmental
Services Division offices. Mr, Dorrill and the three Strand Board members in attendance expressed
concern over the added trips that the PUD would add to Immokalee Road and the fact that the PUD's
access to Immokalee Road is proposed from Strand Boulevard (south of Immokalee Road) at the
same traffic signal utilized by the Strand (north of Immokalee Road). At that meeting, staff agreed to
notify Mr. Dorrill of the public hearing dates (the Strand lies outside the 500-foot radius, which
requires notification of individual property owners by mail).
ST AFF RECOMMENDATION:
1. Because the proposed PUD has been found compatible with the neighborhood and consistent
with the Growth Management Plan (including the Density Rating System and the Transportation
Element) staff recommends that the Collier County Planning Commission (CCPC) forward a
recommendation of approval of petition PUDZ-2003-AR-4575 subject the conditions of
approval that have been incorporated into the PUD document.
8
PUDZ-03-AR-4575, BOSLEY PUD
-
Agenda Item No. 17C
May 25, 2004
Page 13 of 147
'-"--'--'- '.'~--"'-'*
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. PREPARED BY:
~~Cl~
J.d(:)".O <(
FRE P'j:ISCHL, AICP, 'CIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
:at- iE,fIo~
RA Y BEf-. 0 S, flEFPLANNER TE
DE? AR ENT OF ZONING AND LAND DEVELOPMENT RE\1EW
~J.J/)vn~~ #t/Q,L
. USANMURRAY,AICP,DIRE OR
DEPARTh1ENT OF ZONING AND L.\ND DEVELOPMENT REVIEW
APPROVED BY:
. //Q ~~~ otit-t-
IJO EPI~f1rr ADMINISTRATOR
I C . MMUNITY DEVE LOPMENT & ENVIRONMENTAL SER VICES DrvISIO'oJ
!
Tentatively scheduled for the May 25, 2004 Board of County Commissioners Metting.
COLLIER COUNTY PLANNING COMMISSION;
IcUL1M,__
RUSSELL A. BUDD, CHAIRMAN
.
9
PUDZ-03-AR4575. BOSLEY pue'
9
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 14 of 147
REZONE FINDINGS
PETITION PUDZ-03-AR-4575
BOSLEY PUD
-
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The Comprehensive Planning Department has indicated that the proposed Bosley PUD
is consistent with all applicable elements of the Future Land Use Element (FLUE) of
the Growth Management Plan (GMP).
2. The existing land use pattern;
The surrounding land uses are compatible with the proposed PUD. For a complete
analysis, refer to the attached Staff Report.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The Bosley PUD is of sufficient size that it will not result in an isolated district
~-- unrelated to adjacent and nearby districts. It is also compatible with expected land uses
by virtue of its consistency with the FLUE of the GMP,
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The subject site is surrounded by PUD and Agricultural zoning which have been found
consistent with the GMP. Therefore, the proposed PUD district boundaries are
logically drawn in addition to being consistent with the FLUE of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Affordable Housing in Collier County is deficient by thousands of units. If this PUD
is approved, it will have a small impact on that deficit.
10
PUDZ-03-AR-4575, BOSLEY PUD
-
Agenda Item No. 17C
May 25, 2004
Page 15 of 147
-, -"',- ~^_.- -,--_....-
6. Whether the proposed change will adversely intluence living conditions in the
neighborhood;
Approval of the proposed PUD will not significantly influence living conditions on the
surrounding properties (zoned PUD and A). Analysis by Transportation Services staff
indicates that the proposed dwelling units will not have a significant impact on this segment of
lmmokalee Road.
7. 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.
Evaluation of this project took into account the requirement for consistency with
Policy 5,l of the Transportation Element of the GMP and was found consistent,
which means that this project, when developed, will not excessively increase traffic
congestion. The proposed change will result in an overall, but not significant, increase
in daily trips, as determined by the Traffic Impact Statement.
8. Whether the proposed change will create a drainage problem;
The Bosley PUD will be required to obtain a permit from the South Florida Water
Management District. The project, when constructed in compliance with that permit,
will not create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
All projects in Collier County are subject to the development standards that are unique
to the zoning district in which they are located. These development standards were
designed to ensure that light penetration and circulation of air does not adversely
affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
This site is adjacent to commercial, another residential use and a County park.
However, an appraisal of estimated future property values resulting from a rezone was
not required to be submitted.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will
not be affected.
11
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25, 2004
Page 16 of 147
individual owner as contrasting with the public welfare;
If the proposed rezone is determined by the Board of County Commissioners to be
consistent with the Growth Management Plan, the proposed change will not constitute
a grant of special privilege.
-
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The property today could be used for an agricultural use, consistent with the A zoning
district. However, the developer wishes to utilize the bonus density provisions
consistent with the Residential Density Band and Affordable Housing provisions of
the Density Rating System.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The request is consistent with the Density Rating System of the Growth Management
Plan, and is therefore, within the needs ofthe community.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are many sites that may be appropriately zoned to accommodate the proposed
development. This is not the primary determining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are consistency
with all elements of the GMP, compatibility, and adequacy of infrastructure.
,- 16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
While site conditions may restrict the location and square-footage of the residential
building, they would not render the property unusable.
17. 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.
The rezoning of this property will eventually result in the creation of a residential
community . Infrastructure IS currently available to the site. If additional
infrastructure were required (e.g. life-safety and schools) it would most likely be
constructed utilizing impact fees. The Site Development Plan or Plat will be reviewed
for compliance with the Levels of Service required for public facilities in the area.
12
PUDZ-03-AR-4575, BOSLEY PUD
,-
Agenda Item No. 17C
May 25, 2004
Page 170f147
~_." ,"-,- "-- "--.
PUUZ-ZUUJ-AK- 4575
BOSLEY PUD
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:
1. 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.
The subject parcel is adjacent to utilities and the physical characteristics of the land are
typical for the area.
Access is from Immokalee Road, south onto Strand Boulevard and then through the
residential tract of the Donovan Center PUD to the Bosley PUD.
2. 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.
The petitioner has provided evidence that the PUD is under unified control.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
Staff analysis indicates that the Bosley PUD is consistent with the goals, objectives and
policies of the Growth Management Plan.
4. 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.
Staff analysis indicates that the Bosley PUD is compatible, both internally and externally,
with the proposed uses and with the existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The proposed PUD will meet the LDC requirement for 60 percent open space in
residential developments.
EXHIBIT "B"
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
13
PUDZ-03-AR-4575, BOSLEY PUD
Agenda Item No. 17C
May 25,2004
Page 18 of 147
lhe PUU lS reqUIrea to meet concurrency reqUIrements at the time ot :site uevelopment
Plan approval.
7. The ability of the subject property and of surrounding areas to accommodate
~,_... expansion.
Ability to expand, as applied in this context, implies supporting infrastructure, such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads which is available to this site. Infrastructure is
in place in the vicinity and its adequacy will be determined at the time of SDP approval.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
The proposed Bosley PUD conforms to PUD regulations or requests deviations that staff
analysis finds justified.
.-
14
PUDZ-03-AR-4575, BOSLEY PUD
~."
Agenda Item No, 17C
May 25, 2004
Page 19 of 147
"--.",..
-.-.... H__
.---
APPLICATION FOR PUBLIC HEARING FOR:
[JPUD REZONE
[JPUD TO PUD REZONE
Petition No.: Planner Assigned:
Date Received: Commission District:
ABOVE TO BE COMPLETED BY STAFF
l. General Informatiolll
Name of Applicant(s) David Gustafson. Benderson Development Company, Inc.
Applicant's Mailing Address 8441 Cooper Creek Bou]evard
City University Park State F]orida Zip 34201
App]icant's Te]ephon: # 941-359-8303 Fax # 94]-359-1836
Appli~mt's E-Mail Address: davelnlstafson\albenderson.com
Name of Agent Rob m L. Duane, A,I.C.P. Firm Hole Montes. Inc.
Agent's Mailing Add'ess 950 Encore Way
City Naples State Florida Zip 34110
Agent's Telephone # 239-254-2000 Fax # 239-254-2099
Agent's E-Mai] Addr,:ss: bobduane{@l1olemontes.com
CO LLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
BOO N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400IFAX (941) 643-6968
---------- ----------- -------~.
PUDZ-2003-AR-4575
PROJECT # 2002110020
ADIIlicatlon For Public Hcarin~ For PUD R....ne 4114103 DATE: 8/1412003
FRED REISCHL
" '
"'Be aware thllt Collier County has lobbyist regulations. Guide younelf accordingly
and ensure that you are in compliance with these regulations.
- Complete the following for all Association(s) affiliated with this petition, (provide additional sheets
ifne.::essary)
Name of Homeowner Association: Not Aoolicable
Mailing Address City State _ Zip__
Name of Homcowner Assochtion: Not Aoolicable
. Mailing Address City State _ Zip__
Name of Homeowner Associ itian: Not Annlicable
Mailing Address City State _ Zip__
Name of Master Association: Not Aoplicable
Mailing Address City State _ Zip__
Name of Civic Association: Not Applicable
Mailing Address City State _ Zip__
2. Disclosure ofInterest Information:
-
a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentag: afsuch interest. (Use additional sheets if necessary).
Name and Addres~ Percentage of Ownership
Not Applicabl(
ADDlleollon FDr p.b1ie H..riu For roo R....... 4/14103
-
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b. If the property i! owned by a CORPORATION, list the officers and stockhc lders and the
percentage of stock owned by each.
N31\lC and Address, and Office Percentage of Stock
Not Apolicable
c. If the property i:; in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of imerest.
Name and Address PCfCentage of Interest
Benderson 85-1 Trost 100%
Lineal descendmts of
Nathanial Bene erson
570 Delaware Avenue
Buffalo. NY H202
d. If the property is in the name of a GENERAL or LIMITED PARlNEREHIP, list the
name of the general and/or limited partners.
Name and Address Percentage of Ownership
\\'R-I Associat,~s. Ltd, 100%
Wayne Rubin
8441 Cooper Creek Boulevard
University Pari:. Florida 34201
RB-3 Associatt:s 50%/50%
Randall & Ronald Benderson
570 Delaware Avenue
Buffalo. NY H202
e. If there is a C ::>NTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Tmstee, or a Partnership, list the names of the contract purchasers below,
including the otlicers, stockholders, beneficiaries, or partners.
Name and Address Percentage of Ownership
Not Apolicable
Date of Contract:
ADolicaflon For Public Hrarinl! For PUD Rezane 41104103
f. If any contingency clause or contract tenns involve additional parties, list a:l individuals
or officers, if a corporation, partnership, or trust.
,- Name and Address
Not Aoolicable
g. Date subject pro:)erty acquired (X) leased ():10/11/02 Term oflease ~'TS.lmos,
If, Petitioner has option to buy, indicate date of option: and date option
terminates: _---' or anticipated closing date
h. Should any changc:s of ownership or changes in contracts for purchase occur subsequent
to the date of app Ii cation, but prior to the date of the final public
hearing, it is the rl~sponsibility of the applicant, or agent on his behalf, to submit
a supplemental di ;c1osure of interest form.
3. Detailed lel!'al description of the propertv covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more thar, one zoning
district, include sepante legal description for property involved in each distIk:. Applicant
shall submit four (4: copies of a recent survey (completed within the last six months,
maximwn 1" to 400' s :ale) if required to do so at the pre-application meeting.
NOTE: The applican': is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed swvey may be
required.
Section: 30 Township: 48S Range: 26E
Lot: Block: __ Subdivision: Not Applicable
-- Plat Book_ Page #:_ Property I.D.#: 00197600009
Metes & Bounds Description:
4. Size of prooertv: Ul2.ft. X 661ft = Total Sq. Ft. 8.812.188 Acres 20.23
5. Address/l!'enerallocation ofsublect propertv: West VI of the SW 'I. of the NE \Ii one-
Quarter mile south ofl-75 and lmmokalee Road and abutting 1-75 to the east. (See location
mao.)
:
AODJicltlon For Public Marin. For PI!>> Rezone 4/14i1))
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Agenda Item No, 17C
May 25, 2004
Page 25 of 147
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7. Adiacent zonin!! Bnd land use:
Zoning Land use
N PUD vacant - commercial & residential
~..-.~
S A vacant
E PUD I-75/residential
W PUD vacant - residential
Does the owner of the: subject property own property contiguous to the subject :?roperty? If
so, give complete legal description of entire contiguous property. (If space i~ inadequate,
attach on separate pag:).
Section: 30 Township: 48S Range: 26E
Lot: B10d:: Subdivision: Not Aoolicable
000198400004,00196760005
Plat Book_ Page #:_ Property I.D.#:001978520008. 00198440006
Metes & Bounds Des(ription: See attached Leeal Descriotion
8. Rezone Reauest: 111 s application is requesting a rezone from the "A" - Al!ricu1tural
zoning district(s) to tlte PUD zoning district(s).
Present Use of the Prcperty: Vacant
Proposed Use (or ranEe of uses) of the property: Residential- 303 work force housing
-
units
Original PUD Name:_ Ordinance No.: --
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development CJde, staffs analysis and recommendation to the Planning :omrnission,
and the Planning Corrmission's recommendation to the Board of County Commi;sioners shall
be based upon consideration of the applicable criteria noted below. Provide: a narrative
statement describing the rezone request with specific reference to the criteria:loted below.
Include any backup materials and documentation in support of the request.
AnnllOlltinn For Public Hoarlnl For POO Rezone 4n4103
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May 25, 2004
Page 27 of 147
-"..~."..-.." -.-" "._._u
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Tl:.lr 1lwNmcm ~ Jy:
WIIJ.JAM SCHWEXH.ARDT
"=rocr m 1_
. 900 S"u:lb. A._ SlJ\llh, 1230
NIIpla. PI. 3<~Ha
hn:l:l ~o&... ""'-:
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a..... 'TlIz IdcuIIicoIiaa N-.:
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Sl".ECIAL W AnANTY DEED
.'ImS .5!'EC1AI. W ~ DEED 1Ilade dla ~ drt of Nowz=bc. A.D.. l~. by HEJtBEIlT
C. ~. u 1'rutIIc or the Bubwt C, ~ Dclaratfllll or Tomt. whale p= ot!!l:a Idd:= i.t:
:l.42 t'llmI ",v_ Norm, !lap.. PL 34,UJ2. ~ caUed ea 'Gnu:rr". 10 BI.END-A.U. Sam.
DEVlrLOPMENT. INC" as II ... Ia m_ toiIdz .. .uM.ded 2I.3333D~ hItz:nat, WAlJ)EN
A ~ALL BDT'It:L ~. norc., as a teat III anzaDaa. wtda all lUIdItidcsl
2I.3D.133'" ....... ma "tl~!ICTEL ~0PMiNT. :lNC., as . t:IDIlat !.::l CGIIUllall
wtl2a.. IIII.diridcd %I.33D33'S fUenIt a4 1YJl~ ASSOCU:XU, LTD., .. . ~ Ia _luau 'fItII au /
_fhided 15'" lIIIanIt. wIlaA J OIl aftiI>> ~ if: cia h"- DcveLopaar Ca:zpII:ly, Isle.. 25-" ED.la'pl'ir- .
R.claQ, SuitI: 14.t 1'. C_. PI. 33763-1111. h=iaaf= c:aIlad. dlc '~':
~__...... __ -ar...~ ~ ...... ......... _ ___ ... lilt.................. ... .... .,.........
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wrINE:SSE'1'H: 1lw lba OrmJgr. liar IZld III ca&lIic5crIQall a( tU Jam at S10.oo, Illl1 orjjer vahlabl~
....-;"-"'"QI. RCalpc ....he:z:af b hc:tehr 1ClclDwJ&dpd, bc:by JnQiI. b&rpilIs, Idla. aIi:m, nlIIllscs. relca=,
CCIZIYq\t 1:1:1 =zfi:ms" = tl2e G:zm=, all die cauiI1laz1d clnIau: i:lI Call1.r CcouI:Ify, Florida. vi:
"See Lcpl ~ abcbad ha'&lD a11lWie a pet bareat. '
SUBJECT TO r:sttil:dom IIll1 caaItIIIIlts =21 to thlllllhciivisiol1, 8lI4 ad
~ _ far !be )'ClIt 1991.
Gnma: w.mzlt: lbat w sul:ljea ~ is DOC his homcs=ad. me! tl:&t he
=cbs lit :z,u nlizll A.vem= Nann. Napla, Florida. .
TOGETBl!1, wiIh aIl1h D:::lIl::mQU. h~ &Ild ~ cl1a:nto lMIonPg or m 1J1)"W'ise
appcn:sil:li:ll&. .
TO RAVE AND TO HOLD. !hill WNl i:lI flie simple flI~.
ANP clIe G~ bI:reby_ts wirlI Wd an- 1Iw tilt Orm1.or II !&wtWly .eized of aW land m
r- si=plc; tlw elIc Ota%=r hu (Old ri&ht 11I4 1P'fUl autllarity to acIlllll1 COlIY'Cy IUd 1alId.. -= b=by warnma
the title to saki JlZld an4 will dcfi::c.d tl= same agdnst U= lawtul claUm a( all pe:ICIlll c:l.Iimic.,!: by, tbral1Jh or undu
the .aU: Cinmor,
.
~O-d ~,Wi>:C 7M'7 '07 'unr
a Item No, 17C
May 25, 2004
Page 28 of 147
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"'- qul:""..a&' af tM .dd s.c:d.a.., :lOr ~c-. :u s.uu ItCl :n.' :'1- Eu'l:.
&lonoy ~ 1111111:. l.1.:1a a~ =- lad uU lit e.. a:..~ halt aC ua
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..1on.. _:;cI np..c.-oC_y liDlI far I cU.l:uDC:a at HC.1' t... c.; th<<nC:1
:"Cl JIc:n:1::r. U 3.. :S." V"'I:. e.lllZ'lf ..14 d,Il.t.-1Zf-'":lY U.,. to:' ..
cUs=-:a of SU. 52 teat to t.IW Pc:Jrr 01' Itc:;.oamcG.
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C==menc:. a.t: th& )Zoreh q\1&r1:e; c:o:n&:' of Se~ion 30, Township .. s~t:h, ilan.. 2&
~e. c:)l1.iu Ccunl:Y. FlorLd&, thence SClI.ltA 00"3:1.' U Eut 1'0.02. chance 5;u:'1::h
Ill- 2~' :a - lue 22' ,,7 fnt: tQ ~. POJ:!ilT or S!GI1QiDlG of the land. de.!::, i.I:J.d
here.l.rr',ehe:u:e :ont:i.:lI.r.. Scn;t:h 811'25'2'" .U1: 81.06 :!.a1::1 thence S~th "8'5"'2"
EAIC 25 .38 f.e~ t.eI ~. Z.ct: line of the: I.'lol:"l:hvest ~art.e: a:l: th.It So~h"'est
qua..r-::er Clf eo". IlQrthwe.t: qllaner of tha '''orcheu!: quar.:e: of uit1 Sect:ion J o.
'%'Qvnsl:.1~ 48 SClI.!th. Ra~ :!, Eue 1 tAlItll:e Soutn alCltl1J .aid Su,: liDe, SQuch
0.0:1..07 Mest: :1.77.87 feet; ~:h8nc. !iortn 88.;21' 0"- "UI: 100.:l.l filet, chenee 1'lpn;l:\
0"3:1.' :1.2" WIISt, :l.U." f=et :0 I:bll Souen r1;ht of w1I:'/ line of CQI,Inty Road 141>.
.
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Agenda Item No. 17C
May 25, 2004
Page 29 of 147
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IN' wn'NESS 'WBIUOF. tho Rid Cl'lIZllar imll1='cwlra set lliIlwld Il:ld seal tlIlI ~ mci year ftrsl
above wriaIIcl.
.
SiJlll'l. xalcd eel cIt:Uvmd
if~c. PA.i -7
HER!E1TC. POHLMANN. as TnlSIae "f lbeHIrt>o:rt
C:, Pahl:alm Dc1m:lan or TNSt
. .
S't'",TE OF PLORJDA.
cqt1N'I'Y OP COI..LIER.
mE FOItEGOJNC Jm'tJtJMENT wu acbowJedpl bc!vn: _ dIIs ..Ia- day of Novcznbcr, 1m,
by nERmJtT Co PO!IIJdA1JN. as Tru. llf * Harilct Co PahlmmA Dt:cImziIlla af T1'\lIL Her Is pc:ncll.Illy
W~~=~W'-'--~-~iZ~
~ Commiaiall ~:~,,\l""Il1Il/'/~
~~ <:.C\'oWEl~
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E 'd 9Bl 'ON WJH:C 7nt\7 'n7 'une
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Agenda Item No, 17C
May 25, 2004
Page 30 of 147
_ __ ________ ______H_. n______ .__ _ ________ _..____._,
r The suitability of t~e area for the type and pattern of development proposed ir. relation to
physical character istics of the land, surrounding areas, traffic and access, dn~inage,
sewer, water, and ?ther utilities,
-, 2, Adequacy of evide'lce of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed. particul,lrly as they
may relate to arra 'lgements or provisions to be made for the continuing opera tion a1Uf
maintenance of su,;h areas and facilities that are not to be provided or maintained at
public expense. F.'ndings and recommendations of this type shall be made oniy after
consultation with lhe county attorney
3. Conformity of the. ,roposed PUD with the goals, objectives and policies of thE growth
management plan,
4. The internal and e:cternal compatibility of proposed uses, which conditions may include
restrictions on 10c,ltion of improvements, restrictions on design, and buffering and
screening requirenents.
5. The adequacy of u ~able open space areas in existence and as proposed to sen'e the
development.
6, The timing or seq~:ence of development for the purpose of assuring the adeqUl.lcy of
available improve, nents and facilities. both public and private.
7. The ability of the .subject property and of surrounding areas to accommodate ~pansion,
8. Conformity with P UD regulations, or as to desirable modifications of such re.~lations in
the particular cas/', based on determination that such modifications of justifi(,d as
meeting public pUlpOSes to a degree at least equivalent to literal application (If such
regulations.
9. Deed Restrictions: The County is legally precluded from enforcing deed restnctlOns,
however, many comnunities have adopted such restrictions. You may wish to contact the
._, civic or property ownm; association in the area for which this use is being requested in order
to ascertnin whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect DrODerty: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the rature of that
hearing?
ADDII..tIo. For Public H..r1n~ For PUD Rom.. 4/14103
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May 25, 2004
Page 31 of 147
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a. A copy of the pre.application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and Imm.)kalee/Water
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced
8Y:z" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the folic wing [Additional copies of the plan may be requested UPO:l completion
of staff evaluatiorl for distribution to the Board and various advisory board:; such as the
Environmental ACvisory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
. provisions fo:' existing andlor proposed ingress and egress (including pedestrian
mgress and egress to the site and the structure(s) on site),
. all existing andlor proposed parking and loading areas [include matrix indicating
required and ')rovided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
d. An Environmertal Impact Statement (EIS), as required by Section 3.8, of the Land
Development O>de (LDC) , or a request for waiver if appropriate.
e. Wnether or not aD. EIS is required, two copies of a recent aerial photograph, (taken within
the previous tw,~lve months), minimum scale of one inch equals 400 feet, shall be
submitted, Said lerial shall identify plant and/or wildlife habitats and their boundaries.
Such identificati,)n shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation cf the acreage
(or square feet) (If native vegetation on site, by area, and a calculation and location(s) of
the required port on of native vegetation to be preserved (per LDC Section :I.9.5.5A)
A.liation For Public Hearin. For PU[ RezoDe 41l4,u3
May 25, 2004
Page 32 of 147
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h. A historical and archeological surveyor waiver application if property is bcated within
all area of hislOrical or archaeological probability (as identified at pre-application
meeting);
I. Any additional requirements as may be applicable to specific conditional uses and
- identified during the pre-application meeting, including but not limited to any required
state or federal p,mnits.
], An electronic veJsion of the PUD on a disk as part of this submittal package
k. Boundary Sur\'e~', no more than six months old - LOe Section 2.7.3.1.2.(8)
Please be advisld that Section 2,7,2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after final action is
taken by the Board of COUDty Commissionen. Based on the Board's fmal action on
tbis item, please remove all public hearing advertising sign (s) immediately,
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ADDUcutlon For Public Harl. For PUll IlorJon. 4I141U3
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May 25, 2004
Page 33 of 147
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l. NAME OF APPLICANT: David Gustafson. Benderson Develooment Co.. Inc.
2. MAILING ADDRE5 S: 8441 Cooper Creek Boulevard
CITY University Pak STATE Florida ZIP .M2QL_
3, ADDRESS OF SUBJECf PROPERTY (IF A V AlLABLE):
4. LEGAL DESCRIPTION:
Section: 30 Township: 48S Range: 26E
Lot: Blocl{: - Subdivision:
Plat Book Pllge #: Property 1,0.#: 00197600009
Metes & Bounds DeH:ription: See attached Legal Description
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM r8J
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TRI:ATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6. TYPE OF WATER ~,ERVICE TO BE PROVIDED:
a, COUNTY UTILITY SYSTEM r8J
b. CITY UTILITY SYSTEM 0
c. FRANCHISED 'UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) 0
Annllcation For Public: Renin. For POD RltZDlle 4/1...103
May 25, 2004
Page 34 of 147
B. SEWER-PEAK 70.902 AVERAGE DAILY 54.540 GPD
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: Janua:-y, 2004
....-- 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage tn:atment process to be used as well as a specific statement Iegarding the
method of affiuent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engmeer,
11. COLLIER COUNrl' UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilitit:s the water
distribution and sewage collection facilities within the project area upon completion of the
constroction of these Ja.cilities in accordance with all applicable County ordinanct:s in effect at
the at time. This Slatement shall also include an agreement that the applicable system
development charges md connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving he water and
sewer systems,
12, ST ATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or othexwise>rovided for at the pre-application meeting, if the project is to receive
sewer or potable watl~ services from any provider other than the County, a sttiement from
that pro\'ider indicatir g that there is adequate capacity to serve the project shall bl: provided.
Utility Provilllo. Sta_DI RJM 10/17/97
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ADDlicatioD For PabUC', Hart... For pun Rezone 4/14"3
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May 25, 2004
Page 35 of 147
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REQUIREMENTS ~ UJ< l~Ul
COPIES REOUlRED REQUIRED
1. Completed Application/l'UD documents 24* 24
2. Copy of Deed(s) and list 'dentifying Owner(s) and all 2* 2
Partners if a Corooratioll
-, 3, Completed Owner/Agent Affidavit, Notarized 2* 2
4. Pre-application notes/mhutes 24* 24
S. Conceptual Site Plans 24* 24
6. Environmental Impact Statement - (EIS) 4 4
7, Aerial Photograph - (Wit.1 habitat areas identified) 5* 5
8. Completed Utility Provisions Statement (with required 4 4
attachments and sketche.)
9, Traffic Impact Statement - (fIS) 7 7
10. Historical & ArchaeolOgical Surveyor Waiver 4 4
AlIlIlication
11, Copies of State and/or Ft~eral Permits 4 N.A.
12. Architectural Rendering of Proposed Structure(s) 4 N.A.
13. Application Fee = 55000 + 525 per acre Inc.
nata Conversion - 525
Fire Code Review = 51SC
EIS Review = 51600
Cbeck shall be made payabl.~ to:
Collier County Board of Commissioners
14. An electronic version of1:he PUD on a disk as part of Inc.
the submittal Dacket.
15. Affordable Housing Den:dty Bonus Agreement 4 4
includinl!: aU ADDendices and Exhibits.
16. Boundary Survey (no mDre than 6 months old) 5 5
17. OTHER REQUIREMENTS:
,~.
. Docwnents reqWJ:ed for Long-RIDge Planning Revlew.1 additional copy iffor affordable housing
As the authorized agent/applicant tor this petition, I attest that all of the infonnation indicated on this chI\( klist is included
in this submittal package, I understand that failure to include all necessary submittal information may result in the, delay
ofproc:essing this petiti~~~ ~ ~ yz~
Agent/Applicant Signature ate
ADDUcatlon For Pub'\< Hurl.... For PuD _ne 4114IV3
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AFFIDA VIT
We/I, Wayne Ruben being first duly sworn, depose and say that well
am/are the owners of the property described herein and which is the subject matter oflhe proposed
hearing; that all the a7lSllers to the questions in this application, including the disclosure of
interest information, all sA etches, data, and other supplementary matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief. Well
understand that the inf0171l Won refJuested on this application must be complete and accurate and
that the content of this fonn. whether computer generated or County printed shall net he altered.
Public hearings will not hI' advertised until this application is deemed complete, and all refJuired
information has been submitted.
As property owner Well .fUlther authorize Robert Duane to act
as ourlmy representative in any matters regarding this Petition,
Signature of Property Owner
Typed or Printed Name of,'Jwner
Theforegoing instrument }olas acknowledged before me this 3 day of _IJefI ef,~/ae1'--
..;# ~.'>by 1.1 5:'Jt1L 72./; b e-l^- who is ~rsonally known to me or has produ,:ed
, as identification.
') I _)
(, 1,f}ou ./
State of Florida (Si ature of Notary Public - State of
County of Collier Florida)
[.,'sa P fYJ /J.I t"'I Dr {, Yl e...
(Print, Type, or Stamp Commiss ioned
Name of Notary Public)
~ USA P.1lUCCWIONE
Al'PLlCA nON FOR PUBLIC HEMUNG FOR PUD REZONE _ 10/98 . '"1 lIY COMIolISSlCW' 00 137750
, . EXPIAES:HlMmbIr4,m
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May 25, 2004
Page 38 of 147
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tIIRI'V moi8lll. ItJaDll in bald WM In: puinld..
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2. Polio (Propaty m) 1IUIIMr(/l) of IboYe (dtIM ID, fir DROCiI* witIt. l",.u MlcriptirRI r[ IIIM'lr t1wm OPt.) i
00197600009
- 3. SUeet ~I Dr ~ (a4' "l'Plioahz.. ifGhttdy-~ I
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4. Loca'd4la map, a'bowl1la IIltKt loc:Ition ofprojlClt/lIitc in rdatiaIllD ~ pab1ic ra1 risbt-of-.....y (=-h)
5. Copy of IUI:YtIY (N1lBDliD ONLY POll UNPLATTBD PllOPBR.1'IBS)
6, PropDMd prajeet DllZnCl (if llJlPlietlhI.)
'1J1A
7. PropoIId. SUMt DlIIIHII {ifapplicllb"}
NJA. I
8. Site Deve\apDlll1t P1m 'Nambcr (P'OllI!XJSTING PllQJBC'I'SISITBS ONLY) I
SDP_-_ 1
g, ....... Type _ (Campleta. l:peate AddnMil:I& Cba:t1i1l far eIl:<h PetitiClll Type)
~SDP(9lto~PIIa) o PPL (Pta.... PIli llericrw)
SDPA (SOP A"'-'-d) ~ ~~-p~
SDPI (SOP ~ (:::bBp)
SIP (!ita ~ Plan) lLA (IA LiDc Ad,jaIImaIt)
SIPA. (SIP Az&rot"""-t) BL <BlutiDa Pamit)
~ SNR CS1:r-t NaDIl Cbap:) 'ROW (ltiIbt-of-Wayhrmit)
vopatianlB:mlic (Viti- aCllDlMll PeuaitI) BXP (l!xcavIticD Ptaail) \
LIIId V.. htitiaa (V1lri1lDl~ ~.1 Vile, VJtSFP (VClI- RDovalI; Site Pill Pemit)
Boat Dock en, 1t.azDDcl, POD NZl:IDC, CIC.)
Oat.. DaIodbe:
10. Project a:r ~ DIIIIIIII jllwpuMCI fbr, or alndy."..m. m. ~....imam dclc:uIuDta (if
appllcabbl; ~ wb8lIur pmpolCld or MiItia&)
Piaue a.ck Oot:: I8l Chocklilt :1I1D be Fa.CICl S_ O 1WIcmaDy Picbd Up
AppUDat N_llo~ DaIIIl.e nOM ~~254-2000 I'u ~9-254-:Z099
~ 011 ~ C=klisl doeIlKlt ....-tiNk PIaject mdlr:rr Strellt NIIM 1J'PM"&l- ill lDbject to
1mtba' J'lM", by 1ba AddreIIiD& ~
- IfOJlSTAl'PUSE ONLY
Pdmary N1Imhar l.\ \ 0.~
AmbIIl Number ~~.P~_\c-~-oc_
Addrea Numbar
Addrea Number
REC rVEO
...... ..21.01
W:\ZClO:l\2OQ2121\I.AA.\ADDUSSING C~_.doc
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Page 39 of 147
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TIS submlttals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although
based on the intensity or unique character of a petition, a major TIS may be required tilr petition of
ten acres or less,
,- MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include tile following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2, Trip AssigJUnent: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact ofthe proposed we on affected major thoroughfares, including any anticipatl:d changes in
level of service (LOS),
5, Any proposed improvemmts (to the site or the external right-of-way) such as providing or
eliminating an ingresslegJess point, or providing turn or decellanes or other improvenents.
6. Describe allY proposal tonitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the
Traffic Circulation El'lment(TCE) of the Growth Management Plan (GMP), including policies
1.3,1.4,4.4. 5.1,5.2, ~'.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall 1.150 include
,.- an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3, Future Traffic
4. Through Traffic
5. Planne<VProposed Roadway Improvements
6, Proposed Schedule (phasing) of Development
ADDliadon For Publlr HeariM For PUD RnoDt' 4/14103
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1. Trip Generation: Pro\;de the total traffic generated by the project for each lin{ within the
project's Radius of Devdopment Influence (RDI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of Transportation
Engineers (ITE) Trip Ger.eration Report shall be used unless documentation by the petitioner or
the County justifies the use of alternative rates,
2, Trip Assieoment: Provide a map depicting the assignment to the network, of those trips
generated by the proposer project. The assignment shall be made to all links within the RDI. Both
annual average and peak ~easonal traffic should be depicted.
3, Existine Traffic: Provide a map depicting the current traffic conditions on all linJ:s within the
RDI. The AADT, PSDT, :md LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County GeneraliZ(:d Daily Service Volumes as set forth in the TCE of the GMP,
5. Radius of Development Influence lRDn: The TIS shall cover the least of the following two
areas:
a) an area as set fortl below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use Distance
Residential 5 Miles or as required by DRl
Other (commercial, industrial, institutional, etc,)
o - 49,999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199,999 Sq, Ft. 4 Miles
200,000 - 399, 999 Sq, Ft SMiles
400,000 & up SMiles
In describing the RDI the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections Wlthin the RDI
where the sum of the pe.lk-hour critical lane volume is projected to exceed 1,200 Vehicles Per
Hour (VPH).
7, Backeround Traffic~ The effects of previously approved but undeveloped or partially
developed projects \\ohich may affect major thoroughfares within the RDI of the proposed
project shall be provded. This information shall be depicted on a map or, alternatively, in a
listing of those projec:s and their respective characteristics,
ADoliCltion For Pubiit Hearinll For PUD Rezone 4!14J03
CountY Land DeveloJ,ment Code, This estimate shall be for the projected development areas
within the projects RDt A map or list of such lands with potential traffic impacl calculations
shall be provided.
9. Throul!h Traffic: At a minimum, increases in through traffic shall be addressed through the
year 2015, The metllodology used to derive the estimates shall be providee,. It may be
- desirable to include any additional documentation and backup data to support the estimation
as well.
10, Planned/Proposed Ruadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall als J be included.
11. Proiect Pbasin2: Wlen a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of
a project are mitigatd through a phasing schedule, such a phasing schedule mHY be made a
condition of any approval.
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made
and the application is assigned a petition processing number, The application will be considered
"d08ed" when the petitioner withdraws the application through written notice or ceases to suoply
necessary information to colllinue orocessin2 or otherwise actively pursue the rezonin2 f,Jr a period
of six (6) months, An application deemed "closed" will not receive further processing arid an
application "closed" through inactivity shall be deemed withdrawn, An application deemed "closed"
may be re-opened by submitting a new application, repayment of all application fees and granting of
a detennination of "sufficiency". Further review of the project will be subject to the ther, current
code, (LDC Section 2.2.20.2.3)
"-,
AnDlication For Public Harl.'" For PUt RaGne ../UI03
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LOCA TION MAP SITE MA fPage 44 of 147
PETITION "PUDZ. 2003- AR- 4575
Details Page 1 of 1
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- Current OWnership I
\ Falla Na,1I 001117600009 MJ~ Property Add.....1 NO SITE ADDRESS
Statal NY n Z1PI142~
I LlIlIal!30 48 26 W112 OF SW1/4 OF :
NE114 ZO AC OR 724 PG 276
\ Sectlan j Township 3 Range ~ Acres I MIlp Na,
30 46 26 20 3B30
l Sub No, II 100 3. NON-AGRICULTURAL ACREAGE , -t MIUaae Area E ~ MillaGe \
-t l.t~d.' 99 47 13,1244
2003 Final Tax Roll Values Latest Sales HlstOr)'
$ 810,000.00 \ Date j Book. Page E Amaunt
$ 0.00 10 I 2002 nK:-.U~ $ 1,000,000,00
$ 810,000.00
$0.00 -
$ 810,000.00
$ 0,00
. Taxable Value S 810,000 ,00
SOH' "Save Our Hame.- exempt value cue la cap an assessment
inae8ses.
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The Information is Updated Weekly,
http://www.collierappraiser.C{,mIRecordDetail.asp?FolioID=OOOOOOOI976OOO09 3/23/2004
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Division of Corporations Page 1 of2
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Foreign Profit
BENDERS ON DEVELOPMENT COMPANY, INC.
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PRINCIPAL ADDRESS
8441 COOPER CREEK BLVD,
UNIVERSITY PARK FL 34201
Changed 06/21/2000
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MAILING ADDRESS
570 DELAWARE AVE
BUFFALO NY 14202 US
Changed 05/03/2001
Document Numt'er FEI Number Date Filed
P3343 1 160834011 031191199 ]
State Status Effective Date
NY ACTIVE NONE
Last Event Event Date Filed EveDt Effective Date
REINST A TEME:'o/T 1213011993 NONE
~ -
I Name & Address =:J
I CORPORATIONSER~CECOMPANY ]
1201 HA YS ST,
TALLAHASSEE FL 3230 I
I Name Chansed: 05127/1997 ~
I Address Changed: 05127/1997 ~
.. __H
Officer/Director Detail
I Name & Address II Title I
~ BENDERSON,NATHAN D
%570 DELAWARE AVE
BUFFALO NY 14202
BENDERSON.RANDALL In
%570 DELAWARE AVE,
http://www.sunbiz.orglscripts/:ordet.exe?al = DETFIL&nl =P33431 &n2=NAMFWD&n3=... 3/23/2004
_.__.~ I
Division of Corporations Page 2 of2
I BUFFALO NY 14202 1\ I
<..,_.. C BALDAUF. DAVID H. [J
'"S70 DELAWARE AVE,
BUFFALO NY 14202
C WOLFSON, ALAN D
%S70DELAWAREAVE
BUFFALO NY 14202
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Annual Reports
I Report Year II Filed Date I
I 2001 II OS/0312001 I
I 2002 II OS11412002 I
I 2003 II 0413012003 I
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Yiew Ey~nts
No Name History Information
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Document Images
Listed 1: elow are the images available for this filing.
!l4/30I2J103 - ANN Il,FJ'll.llilfORM BUSJ~E-"
9~14/2JI02 - COR - M!1iBEP/UNIFORM BUS REP
05/0312Jl!)1 - ANN RfJ~/UNIFORM BUS REP
-, 05/0JaJlOO - ANN Il,FJ'/UNIFORMBUS REP
05/101l.999 - ANNU8-L&m~Q&T
95/041l2.2L- ANNU M, REPORT
Q.51271l5'TI-~M, REPORT
05/011l22{i - 1996 ANWAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
~------ -- - - -....-..-
bttp://www.sunbiz.org/scriptslcllrdetexe?al =DETFIL&nl =P33431&n2=NAMFWD&n3=,.. 3123/2004
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I BOSLEY pun
I COLLIER COUNTY
ENVIRONMENTAL IMPACT STATEMENT
I
I January 2003
Revised July 2003
I Revised October 21, 2003
I
I Prepared For:
I Benderson Development Company
8441 Cooper Creek Boulevard
University Parle, Florida 34201
I (239) 359-8303
I Prepared By:
I PassareIJD tuU/ Associates, Inc.
9110 College Poinle Court
Fort Myers, Florida 33919
I (239) 274-0067
I Project No, 02BDC797
May 25, 2004
Page 48 of 147
TA1SL~ Ulf LUN 1 J!.l'lll ~ \
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Page
- I Introduction .....,.,..... ,.' ....,.. ,. ,.. ,.....................,... ,......,.... ......' ...........,..,.," ................,. ,........' ............1
I 3.8.5.1 Applicant InfOlmation......... ....,.. ..........,.................... ,....... ,.........-.. ,.... ..,...... ...,.. ,.....1
I 3.8,5.2 Development and Site Alteration Information............................................. ............1
I
3.8,5.3 Mapping and Support Graphics ................................................................... ............2
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3.8,5.4 Impact Categories .................................................................,..................,... ............7
I 3.8.5.4.1 B la-physical ............................................................. ,.............. ............, 7
I 3.8.5.4.2 Public Facilities and Services ............................................................15
I 3.8.6. 1 Specifics to Address - General Information.............................................................18
I References..........,......,.....................,...,.,.......................... ..... .....,....."...,.,...,...,................. ......... ...20
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Page 49 of 147
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I LIST UI<' 1<'1(;UKE~
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Figure I. Project Location Map." .... '" ,......... ................................ ,....... ,..............,.,.., .....,." ,..3
II Figure 2, FLUCFCS and Wetland Map....,.........,..,..........,....,........................................,......4
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Figure 3. Soils Map .... ................. ................................................... ............, '.... ......,,'... ,... .....6
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Figure 4. Site Plan with Preserve Areas ...............................................................................11
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Page 50 of 147
Ll~ 1 VI' 1 AnL.r..~
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I Table 1. HabitatfFLUCFCS Types and Acreages ................................................................2
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I Table 2. SFWMD/Collier County Wetland Acreages.........................................................,9
I Table 3. Upland Acretlges ..... .... .,..............,....,............................ ,............,.............., ....,. "...12
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Page 51 of 147
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LI~1 VI' t.AUUUJ;:'
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I Exhibit A. Resume.",...., ,......., .........,...... .... ,.. ..............., ...............,'.. ..... ............ ........., ........ A-I
I Exhibit R Aerial Photograph with FLUCFCS Overlay..""......................................., .........B-I
I Exhibit C. Topographic lvfap. ..,...,..... ".. .,..................,.......... ,.....,...,........, ,. ............ ".,. .........C-!
I
Exhibit D. Surface Wate:' Management Plan............,..........................,..............,................ D-I
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Exhibit E, Soil Descriptions ........... .............. ......, , ........ ,....,.,..........,.., ................ .........,...... ...E-l
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Exhibit F. Listed Plant and Wildlife Species Survey,.........................................,.................F_!
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Exhibit G, Corresponderce from the Florida Department of State ....................,......,....,..... G-t
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May 25, 2004
Page 52 of 147
INTROuucnUN
I This report represents the revised Collier County Environmental Impact Statement (EIS) for the
Bosley PUD project. This US has been prepared in accordance with Division 3.8 oftle Collier
I County Land Development Code (October 30,1991, as amended October 14, 1992).
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I 3.8.5,1 APPLICANT INFORMATION
1. Responsible owner(s,) agent(s) who wrote the EIS and his/her education and job related
I environmental experience,
I Ken Passarella, Pas!arella and Associates, Inc, Consulting Ecologists. A copy of Mr.
Passarella's resume i, enclosed as Exhibit A.
I 2. Owner(.f) agent(s) name, address,
Benderson 85-1 Trusl RB-3 Associates, Inc.
I clo Benderson Devebpment Company c/o Benderson Development Company
8441 Cooper Creek Boulevard 8441 Cooper Creek Boulevard
University Park, FL :;4201 University Park, FL 34201
I WR-I Associates, Ltd.
clo Benderson Devebpment Company
I 8441 Cooper Creek Boulevard
University Park, FL ::4201
I 3. Affidavit of proof of authorized agent,
I Proof of authorized agent is included as part of the PUD application package,
I 3.8.5.1 DEVELOPMENT AND SITE AL TERA TION INFORMA nON
1. Description of proposed use.
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I The proposed plan is for a multi-family residential community with 303 units. There is one
lake proposed within the residential tract.
I 2. Legal description of fite,
I The west Yz of the sollthwest V. of the northeast V. of Section 30, Township 48 South, Range
26 East, Co\1ier COlmty, Florida,
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Page 53 of 147
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3. Location and aaares.; aescnpllOn.
I The Bosley PUD is located in Section 30, Township 48 South, Range 26 Ea;t, Collier
County, The projc.:t is located approximately 1,200 feet south of Immokalee Road
I immediately west of Interstate 75,
I 3.8.5.3 MAPPING AND SUPPORT GRAPHICS
I. General location ma,7,
I A project location m lp is provided as Figure 1.
I 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site
extending at least fW,1 hundred (200) feet outside the parcel boundary, This doe:; not mean
I the applicant is reql/ired to go onto adjacent properties, Habitat identificati1n will be
consistent with the t]orida Deoartment ofTransDortation - Florida Land Use '::over and
Forms Classificatior. System and shall be depicted on an aerial photograph having a scale of
I one inch equal to at 'east 200 feet when available from the county, otherwise. a scale of at
least one inch equal to 400 feet is acceptable, Information obtained by ground-trothing
surveys shall have p' ecedence over information presented through photographic evidence,
I Vegetation mapping of the property was conducted using I" = 200' scale aerial photographs
and groundtruthing ill July 2002. The vegetation communities were mapped usirg Level III
I of the Florida Land lse, Cover and Forms Classification System (FLUCFCS) (HOT 1999),
Level IV was used t(, identify disturbance by exotic species.
I An aerial photograph with FLUCFCS mapping is enclosed as Exhibit B. A vegetation and
wetlands map of th( property is provided as Figure 2, and an acreage breakdown of the
habitat types is provi ded in Table I.
I Table 1. HabitatIFLUCFCS Types and Acreages
I }lt~t f)f
';,"" 'fiataI;~.-,
I 12.35 61.0
5.18 25.6
0.84 4.2
I 1.05 5.2
0.79 3.9
0.02 0.1
I 20,23 HO.D
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May 25, 2004
Page 54 of 147
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~ SEe 30, T <48 S. R 26
I SR. 846
IMMOKALEE ROAD
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I 26 25 29 28
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I PASSARELLA and ASSOCIATES. INC.
I FIGURE 1. PROJECT LOCATION MAP Consulting Ecolcgists
BOSLEY PUD DRAWN BY: p,r. OATE: 12/11:/02
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Page 55 of 147
3, lopographlc map SflJWmg up/ana, oamymernc Contours unu t:AI,}j"'~ UIU"'U~" PU""""',
I if applicable.
A topographic map i:; enclosed as Exhibit C,
I 4. Existing land use o/,:ite and surrounding area,
I The existing land US! of the site is undeveloped, forested land (Figure 2), The surrounding
land uses include Interstate 75 to the east and forested lands to the west, south, and north
(Exhibit B). However, areas existing to the north and west have proposed PUD's.
I 5, Soils map at scale c'Jnsistent with that used for Florida Department of Transportation _
Florida Land Use Cover and Forms Classification System determinations,
I A soils map for the rroperty is provided as Figure 3.
I 6, Proposed drainage plan indicating basic flow patterns, outfall and off-site drai'/Oge,
I The typical south-southwest direction sheet flow for this 20:1: acre site has been altered by the
construction of Inter::tate 75 and Immokalee Road. This site no longer receives sheet flow
from the historical Jatterns, Based on the South Florida Water Management District
I (SFWYfD) and Colli:r County requirements of the adjoining PUD's (Donovan, Stiles, and
Breezewood), the discharge from this property has to go to the Cocohatchee Canal
(Immokalee Road Clmal), The plan is to have a lake in the middle of the propert:' and build
I most of the residenti al units around the lake. There is also proposed units loc lted in the
southwestern corner of the property. The on-site wetlands are located in the scutheastern
corner of the property, and development is not planned within this area.
I The parking lots will be sloped to the center of the travel way, and runoff will be collected by
box inlets and then :Jiped to the lake. The developmental area in the southwes'ern corner
I will also be piped to the lake.
I After water quality and quantity requirements are met, the stonnwater will be riped north
through the Donovan PUD to the Cocohatchee Canal. The surface water management plan is
included as Exhibit D.
I 7, Development plan in=luding phasing program, service area of existing and proposed public
facilities, and existing and proposed transportation network in the impact area.
I The subject 20:1: acrt~ tract is a second phase of the 20:1: acre multi-family tract within the
Donovan PUD, To the east of this project is Interstate 75, which will not provide an
I infrastructure for thi! site. To the south is the proposed Collier County Park, whi,;h does not
have any infrastruct1.lI'e. To the west is the proposed first phase of the multi-family, which
will provide the potlLble water and access. To the north is the Donovan commtrcial tract,
I which will provide the sanitary sewer and a secondary access.
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May 25, 2004
Page 56 of 147
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11 IWJJINDILE 'lIE SoIHl N:lKHICIIC SOILS tIN> ~[D FRaN NRCS
21 IIOCAFN: 51 HI N:lKHICIIC COWER COUNTY SOlI. SURVEY,
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I PASSARELLA a.nd ASSOCIATES. INC.
FIGURE 3, SOILS t.4AP Consulting EcoLo;1ists
I BOSLEY PUO 0llAWN BY; P F, [)jt.T[; 12:19/02
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j,8.5.4 1Mi' AL 1 LA JI'..t7U KJr.;,
I 3,8,5.4,1 Bio-Dhvsical
I I. Air quality
a, Changes in level of air pollutants as defined by current regulations,
I The only anticipated air polIution wilI be during construction of the project from the
exhaust of c)nstruction equipment and from dust generated by eartl moving
I activities.
b. Number of people that will be affected by air pollution resulting from the project
I No persons we anticipated to be affected by air pollution resulting from the project.
I c. Procedures that will be used to reduce adverse impacts of air pollution
I Watering of unvegetated surfaces wilI be conducted to reduce dl-st during
construction flfthe project.
I 2, Water quality
a, Changes in It vels and types of water pollution as defined by current reg.Jlations,
I The water m magement system will be designed to meet SFWMD wa',er quality
criteria,
I b. Inventory of water uses that are restricted or precluded because of pollution levels
resultingfroT.l this project,
I No restricted or precluded water uses will exist on this project,
I c. Person affected by water pollution resulting from the project
I No water pol ution is anticipated to result from the project.
d, Project desig'lS and actions which will reduce adverse impacts of water pollution
I Water pollution is minimized by means of a water management system that utilizes
SFWMD crit ~ria to maintain state water quality criteria. Refer to the Surlace Water
I Management Plan provided as Exhibit D,
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May 25, 2004
Page 58 of 147
.;. t'nyslOgrapny ana gwwgy
I a. A description of the soil typesfou,nd in the project area.
I According to the Collier County Soils Map, the following soil types are found on the
property (Figllre 3): Hallandale fine sand (Soil Map Unit 11) and Boca fine sand (Soil
- Map Unit 21). A detailed description of each of these soil types is provided in
I Exhibit E.
b. Aerial extent of proposed topographic modification through excavation dredging
I andfilling.
The conceptual plan is to dig a lake in the middle of the site and place fill ;wund the
I lake for buil,iing pads and parking areas. The approximate locations of the 25
percent nativ,~ vegetation preservation will not receive fill or be excavatt:d.
I c. Removal and or disturbance of natural barriers to storm waves andjIooding.
I Not Applicatk
d. Proposed modification to natural drainage patterns.
I This site is isolated from the historical sheet flow patterns. Interstate 75 and
Immokalee Road have cut off the natural sheet flow. Per the SFWMD, this property
I is to drain into the Cocohatchee Canal.
e. Extent of im.'Jervious surface and percent of groundwater recharge area to be
I covered.
I The conceptlal plan has 10.81:1: acres impervious surfaces (approximately 53 percent
of site) and 2.57:1: acres oflake (approximately 13 percent of the site.
f. Annual drawrlown of groundwater level resulting from use.
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There will be no long-term drawdown due to the proposed irrigation water use at the
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I site. Withdn.wals from the lake at the site with recharge from a shallow well
(optional) will be used to meet irrigation water demands. The water-tabltl aquifer is
recharged directly by rainfall in the project area on a seasonal basis. The c.>cohatchee
I Canal is a mejor drainage feature located just north of the project site. Ground water
and surface vrater levels on the project site will be significantly affected by the canal
level. Irrigation withdrawal amounts will be relatively small due to the size of the
I development. The effect of irrigation water withdrawals on water level~ at the site
will be negligible compared to the effect of the canal.
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g. lnCreasea SUl[1110n In narurul WU/~r Uuule.) '-t:~uur"ojl VI" .", Y' vf'UJf;"U '""'....
I A sediment control plan will be provided at time of site development plan approval.
The sediment cO'ltrol plan will be designed according to SFWMD criteria.
I 4. Wetlands
I a. Define numbf~r of acres of Collier County jurisdictional wetlands (pursuant to the
Collier COlin)' Growth Management Plan) by vegetation type (species), '~egetation
composition (canopy, midstory and groundcover), vegetation abundance (dominant,
I common and occasional), and their wetlandjimctions.
I Approximately 1.07 acres ofSFWMD/Collier County jurisdictional wetlands have
been identific:d on the property (Figure 2). The wetlands are composed of two
FLUCFCS ty:les: Melaleuca, Hydric (>75% Melaleuca) (FLUCFCS Code 4241) and
I Pine-Cypress, Disturbed (FLUCFCS Code 6249). The SFWMD wetland:; shown in
Figure 2 have been verified by SFWMD staff on February 13,2003. Table 2 provides
a breakdown of the wetland acreage for the site, while a description of each wetland
I FLUCFCS type follows.
Table 2. SFWMD/CoIlier County Wetland Acreages
I ':U~CSCode 1\.. .,.
"~
4241 1.05
I 6249 0.02
1.07
I Melaleuca. Hydric (>75% Melaleuca) <FLUCFCS Code 4241)
This wetland habitat occupies 1.05:1: acres or 5.2 percent of the project area. The
I canopy and sub-canopy strata are dominated by melaleuca (Melaleuca
quinquener...ia) (75 to 100 percent). Other occasional canopy and sub-can(lPY species
include slash pine (Pinus elliottii), wax myrtle (Myrica cerifera), cypress ':Taxodium
I distichum), and cabbage palm (Sabal palmetto), The ground cover in this habitat
includes widdy scattered swamp fern (Blechnum serru/atum), sawgras~ (C/adium
jamaicense), rosy camphorweed (Pluchea rosea), and gulf dune paspalum :Paspalum
I monostachyum ),
Pine-Cvoress. Disturbed CFLUCFCS Code 6249)
I This wetland habitat occupies 0.02:1: acre or 0.1 percent of the project area. The
canopy and sub-canopy contain slash pine, cypress, and melaleuca. The gr,)und cover
I includes gul fdune paspalum, sawgrass, swamp fern, dog fennel (Eupatorium
capillifoliuml, and poison ivy (Toxicodendron radicans).
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b. Determine pnsent seasonal high water levels ana mSWTlCUI mgn WUlt:1 tt:v"t~ uy
I utilizing lichen lines or other biological indicators.
The control e evation for the property will be set at 11.50 NGVD, the same control
I elevation used on the neighboring parcel to the west, the Donovan Center -permitted
by SFWMD Permit No. 1I-01632-P). The control elevation was determmed using
- topographic elevations. No water marks could be identified in the field to use as
I biological incicators of the seasonal high water elevation. I
c. Indicate how the project design improves/affects pre-development hydrol1eriods. I
I The develop nent has been designed not to affect pre-development wetland
hydroperiods Existing surface water flows to the preserved wetlands will be
I maintained at post-development.
I d. Indicate proposed percent of defined wetlands to be impacted and thE effects of
proposed imJ.acts onfunctions of wetland areas.
I The project cevelopment has been designed to preserve 100 percent of SFWMD
jurisdictional wetlands on-site. The proposed wetland preserves are shown on Figure
4.
I e. Indicate how the project design minimizes impacts on wetlands.
I The project c.evelopment has been designed to preserve 100 percent 0:' SFWMD
jurisdictional wetlands on-site. In addition, upland buffer and preserve areas will be
incorporated with the wetland preserves.
I f. Indicate how the project design shall compensate for the wetland impacts pursuant to
I the Collier C,unty Growth Management Plan.
There are no SFWMD/Col1ier County wetland impacts proposed.
I The project p:eserves 1.07~ acres of wetlands and 2.91:1: acres of uplands Preserved
...- wetlands and uplands will be enhanced by the hand removal of exotic plmt species.
I Hand removfl will be either (1) felling of exotic trees, hand removal, and herbicide
treatment of the stumps; (2) girdling of exotic trees, herbicide treatment of the
cambium, ani left standing; (3) foliar application of herbicide and left s:anding; or
I (4) hand pulling. Re-sprouts and re-seed by exotic vegetation will be controlled
using foliar epplication of an approved herbicide. Control of nuisance vegetation
(Le., cattails) will be by foliar application of an approved herbicide.
I No mitigation is required by the SFWMD.
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5. Upland ulllizatlOn QlIl1 specIes oJ special srarus.
I a. Define the number of acres of uplands by vegetative types (species), ~egetation
composition (canopy, midstory, andgroundcover), vegetation abundance (dominant,
I common and occasional) and their uplandfunctions.
The property has a total of 19.161: acres of uplands. The upland habitats are
I composed of Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed
(FLUCFCS Code 41 59); Melaleuca (>75% Melaleuca) (FLUCFCS Code 424); and
Pine-Cypress, Drained (FLUCFCS Code 6245). Table 3 provides an acreage
I breakdown o 'the uplands, while a description of each FLUCFCS type follows.
Table 3. Upland Acreages
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I Pine Flatwoods, Disturbed 12.35
Pine, Disturbed 5.18
Melaleuca >75% Melaleuca 0.84
I Pine-Cypress, Drained 0.79
TOTAL 19.16
I Pine Flatwoods. Disturbed CFLUCFCS Code 4119)
This upland community occupies 12.351: acres or 61.0 percent of the project area.
I The canopy consists of slash pine, melaleuca, and cabbage palm. The sub-canopy
contains myr:;ine (Rapanea punctata), dahoon holly (llex cassine), and melaleuca.
The ground caver is dominated by saw palmetto (Serenoa repens) but alw includes
I beauty-berry (CalIicarpa americana), chocolate weed (Melochia corchorifolia),
pennyroyal (Piloblephis rigida), wiregrass (Aristida stricta), grape\'ine (Vilis
I rotundifolia), and fingergrass (Eustachys petraea).
Pine. Disturbed (FLUCFCS Code 4159)
I This upland community occupies 5.18:1: acres or 25.6 percent of the project area. The
canopy contains slash pine, melaleuca, and cabbage palm. The sub-canopy consists
of scattered 3razilian pepper (Schinus terebinthifolius), melaleuca, and cabbage
I palm. The gnund cover includes grapevine, chocolate weed, black root (P'erocaulon
virgatum), sawgrass, wiregrass, poison ivy, and scattered saw palmetto.
I Melaleuca (>75% Melaleuca) (FLUCFCS Code 424)
This upland (ommunity occupies 0.84:1: acre or 4.2 percent of the project area. The
canopy and sub-canopy strata are dominated by melaleuca (75 to 100 percent). Other
I occasional species in the canopy and sub-canopy include slash pine, wax myrtle, and
cabbage palm. The herbaceous ground cover is typically sparse with a thi:k leaf and
pine needle layer but includes scattered wiregrass, poison ivy, and grapevine.
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rme-\"voress. uTlum:u IrLU\...r\...:l \...uuc u"'...})
I This upland c::lmmunity occupies 0.79:1: acre or 1.5 percent of the project area. The
canopy contains slash pine and cypress. The sub-canopy consists of slash pine,
cypress, Braz:lian pepper, and wax myrtle. The ground cover is dominated by vines
I including gra:>evine, greenbriar, and poison ivy. The ground cover also contains
bracken fern (Pteridium aquilinU1Tl), rosy camphorweed, chocolate weed, spermacoce
~ (Spermacoce sp.), caesar weed (Urena lobata), and scattered swamp ferre.
I b. Indicate proposed percent of defined uplands to be impacted and the effects of
proposed impacts on functions of upland areas.
I The majority of the uplands on-site wiJl be impacted by the project. The upland
habitat is forested habitats that have been disturbed by the invasion of melaleuca and
I other exotics.
I c. Indicate how the project design minimizes impacts on uplands.
As discussed lbove, the on-site uplands are disturbed. Upland buffers will be created
I adjacent to tl.e wetland mitigation areas and native uplands incorporated into the
preserve area;. Approximately 2.91 acres of uplands wiJl be preserved.
I d. Provide a plant and animal species survey to include at a minimum, species of
special statu.!. that are known to inhabit biological communities similar to those
existing on sile and conducted in accordance with the guidelines of the Flo..ida Game
I and Fresh Water Fish Commission.
A listed plant and wildlife species survey was conducted on the Bosley PU) property
I by PassareJla and Associates, Inc. on December 26, 2002. Additional listed species
observations were made during vegetation mapping conducted July 5, ~002. The
survey methodology and results are provided in Exhibit F. No listed wildlife species
I were observe j during the listed species surveyor during vegetation map:Jing.
e. Indicate how the project design minimizes impacts on species of special status.
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No species of special status have been identified on the property. As :Jreviously
.- discussed, all wetland areas will be preserved and enhanced. In addition, 2.91:1: acres
I of uplands wiJl be enhanced and preserved on the property.
I 6. Marine and estuarin,~ resources
a. Provide cum'nt State of Florida Classification of the Waters (Florida Administrative
I (;.Q{k Chaptf'T I 7-3).
Not Applicat:le.
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D. ueJ/ne numvcr OJ acres oJ mUrine unu eSIUUnTlt: rt:suur"". uy .UUffJ'" ,IS'''' ~;I<.'.,. V~""',
I breeding are.lS and nursery areas and their marine and estuarine functi,ms.
Not Applicat Ie.
I c. Indicate proposed percent of defined marine and estuarine resources to b,? impacted
and the effec/ s of proposed impacts on functions of marine and estuarine resources.
I Not ApplicaUe.
I d. Estimate cha'1ges in the dockside landing of commercial fish an shellfish
Not ApplicaUe.
I e. Estimate cha'1ges in the sport fishing effort and catch.
I Not ApplicaHe.
I f. Provide past history of any environmental impacts to the area including oil spills.
Not Applicatle.
I g. Indicate how the project design minimizes impacts on marine and estuarine
resources.
I Not Applicat Ie.
I 7. Noise
a. Describe the changes in decibels and duration of noise generated during and after
I the project (loth day and night) that will exceed Collier County regulations.
I Changes in decibels and duration of noise will only occur because of typical
construction activities. In addition, construction will take place only durin~ the hours
set forth in the Collier County Land Development Code. No noise problems are
I anticipated after project completion.
b. Describe steps that will be taken to reduce noise levels during and after t.1e project.
I See 7a above.
I c. Project compliance with Federal Aid Highway Program Manual 7-7-3.
See 7a above.
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';.lS.).4.L l'UOtlC ractJlUes ana ;,~rvll;~~
I 1. Wastewater management
I a. Describe exi.\ ting treatment facilities as /0 capacity, percent capacity being used,
type of treatment and degree of treatment.
_.
I Sewage treatment shall be provided from the North Naples Sewage Treatment Plant.
The present ,;apacity of the plant is 13.5 million gallons per day MGD and 9.0
million gallons per day represents the peak usage in 2002. Recent data also
I illustrates that the north Naples plant is operating at 62 percent capacity during the
2003 peak stages. The plant is proposed to be expanded to 24.1 MGD gallons per day
to be comple':ed in two years.
I b. If applicable, describe similar features of proposed new treatment facilities.
I Not Applicat Ie.
I c. Describe the character and fate of both liquid and solid effluents.
Effluent is u:;ed for irrigation uses for golf courses, parks, schools, anti medians.
I Solids are de Xlsited in the Collier County Landfill.
2. , Water supply
I a. Estimate of average daily potable and non-po/able water demands on t}!e project.
I The average .Jaily potable water demands for this project are:
Potable:
I 154 gallons J:er capita per day x 1.5 people per unit x 303 units = 69 .993~allons per
day.
I Non-Potable
The annual and maximum month irrigation water demands at the site are estimated to
,'-, be apprOXilJ1:ltely 1 OJ I MG and 1.33 MG, respectively. Irrigation watu demands
I were calcula1ed based on the estimated amount of irrigated acreage at th,~ site (7.3:1:
acres) using lhe modified Blaney-Criddle method.
I b. Source of raw water material.
I The source filr the raw water supply for the irrigation will be the lake.
c. Analysis of on-site treatment systems relative to State and County standards.
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No on-sIte tnatment systems are neeoeo lOr IDIS prO]t:\:L
I 3. Solid wastes
I a. Estimate of average daily volume of solid wastes.
The daily volume of solid waste generated by this project is:
I 8 Ib / unit /day x 303 units = 2,424 pounds per day
I b. Proposed me 'hod of disposal of solid wastes.
I Solid waste "ill be collected by Waste Management (or any other company selected
by the count)) and disposed at the Collier County Landfill.
I c. Any plans for recycling or resource recovery.
Recycling co lection and processing will be through the county's recyck program.
I 4. Recreation and open spaces
I a. Acreage andfacilities demand resultingfrom the new use.
Per the Collier County Capital Improvement Element, the acreage and facilities
I demand, resulting from the construction of303 residential units, based on 2.5 people
per unit, is 0.52:1: acre of regional parkland and 0.25:1: acre of community parkland.
I b. Amount of pL blic park/recreation land donated by the developer.
Land will 001 be donated because the site is too small.
I c. Management plans for any open water areas if one-half acre or more within the
I project.
Water quaE!) pre-treatment will be provided for the commercial tract prior to runoff
I entering the lake. The project has been designed for the 25-year, 3-day storm and
permitted by the SFWMD.
I d. Plans for rec-eational development by the developer on dedicated lands.
No recreational development other than residential amenities such as a swimming
I pool and a vdleyball court are anticipated at this time.
e. Amount ofpt'blic recreation lands removedfrom inventory by the new use.
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NO pUbliC recreation lanes Will De remuvl::u HUIII IIly<;mulJ UJ U'" .."... 11.'''.
I f. Development and/or blockage of access to public beaches and waters.
I Not Applicable.
- 5. Aesthetic and Cultur,ll Factors
I a. Provide documentation from the Florida Master Site File, Florida Depc,rtment of
State and an) printed historic archaeological surveys that have been cor.ducted on
I the project area.
I Correspondence has been received from the Florida Department of the State
regarding potential archaeological or historical sites that are known to ':Ie present
within the preject area. According to their correspondence, no cultural resources are
I known to exi st in the area of potential affect. A copy of this corresIX,ndence is
included as Exhibit G.
I b. Locate any hown historic or archaeological sites and their relationships to the
proposed proJect design.
I See response to 5a.
c. Demonstrate how the project design preserves the historic/archaeological integrity
I of/he site.
See response to 5a.
I d. Indicate any /latural scenic features that might be modified by the project design and
I explain what actions shall be utiljzed to preserve aesthetic values.
Natural sceni; features on the property include the wetlands. The project '.vill record
I a conservatio:l easement for 3.98:1: acres of on-site wetland/upland preserv'~. It should
be noted that 3.98:1: acres of proposal preserve area on-site represents .it least 75
- percent of re<[uired preserve area at the time of rezoning.
I e. Provide the tasic architectural and landscaping designs.
I The building:;, signage, landscaping, and visible architectural infrastruct.1re will be
architecturall y and aesthetically unified. The unified architectural theme will include
a similar architectural design and use of similar materials and colors throughout all of
I the buildings. signs, and fences/walls to be erected on the entire subj ~ct parcel.
Landscaping and streetscape materials will also be similar in design thrOllghOUt the
subject site. An architectural plan will be submitted concurrent witn the first
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appliCatiOn f(lr ;:)ne uevelOpmem r'lan approvltJ uemon:;IHllmg UJlllPUdUL,<: WIUl Ul<:~<:
I standards, Slgnage will also meet the architectural standards described above.
6. Monitoring
I a. Describe the design and procedures of any proposed monitoring during ar,d after site
preparation and development.
I A monitorin~ plan will be implemented as part of the SFWMD permit for 1he project.
Monitoring of wetland preserves will include baseline, time-zero, and annual
I monitoring 0 fvegetation, wildlife, and wetland water levels. The baseline report will
document cOllditions on the project site as they currently exist. The time-!ero report
I will document the conditions immediately following exotic removal. The annual
reports will document conditions following exotic removal and document the extent
of success of the project. Sampling stations and methodology of data colI ::ction will
I remain the sa me for all monitoring events, including baseline, time-zero, and annual.
I 3.8.6.1 SPECIFICS TO AnDRESS - GENERAL INFORMATION
3.8.6.1.1 Indicate how the proposed project has incorporated the natural, aesthetic and
I cultural resources and other environmental considerations in the planning and
design of the proposed project.
I The majority of the property consists of highly disturbed habitats. Tht: proposed
project desiE,n has incorporated 1.07:1: acres (100 percent) of the wetlands as
preserves wilhin the development plan. In addition, 2.91:1: acres of uplands will be
I preserved. Al post-development, these wetlands and uplands will be enhanced by the
removal of e>:otics. The preserved and enhanced wetlands and uplands totaling 3. 98::l;
I acres will be placed under a conservation easement.
3.8.6.1.2 List the environmental impact(s) of the proposed action and the reason,s) that the
I impact(s) are unavoidable and that the impact(s) represent the minimr.m impacts
possible to the environmental quality of the site and/or the surrounding area, which
might be a.Dected by the proposed use.
I Any proposed development allowing reasonable use of the site wou]j result in
unavoidable mpacts. These impacts, however, have been minimized by preserving
I all wetlands on-site.
3.8.6.1.3 Provide substantiated alternatives to the proposed project so that reas,>ns for the
I choice of a c,)urse of action are clear, not arbitrary or capricious.
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I 18
I ne proposec aevelOpmem lur lfilS Silt: IS i:l li:lUU u"t: U!<1L "VUlva "'" '" "" .v ".'"
I existing sUITC1unding land use and anticipated land uses making it a clear, not
arbitrary, cau~:e of action.
I 3.8.6.1.4 List immediate short-term impacts to the environment.
- The short-tenn impacts will include the loss of upland habitats on the sit,~.
I 3.8.6.1.5 List any irreversible and irretrievable commitments of natural resour;es which
would be invdved in the proposed action should it be implemented.
I The loss ofu)llands will be irreversible and irretrievable. However, 3.98:1: acres of
wetland/uplalld conservation area will be established on-site.
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Florida Department of Tramportation. 1999. Florida Land Use, Cover and Forms Cla;sification
I System. Procedure No. 550-010-00 1.a. Third Edition.
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I RESUME
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road projects, and wetland mitigation banking. Services include state, fedelal, and local
I pennil ting; agency negotiations; environmental impact assessments; ecological
assess nents; listed species surveys, pennitting and relocation; state and federal wetland
jurisdictionals; wetland mitigation design, pennitting and construction nbservations;
wetlar d mitigation banking management, design, pennining and construction
I obser\8tions; and environmental project management.
Educllliofl
I M$. Marine Science, 1990
Uni'rersity of South Florida, St. Petersburg, Florida
B.A. Marine Science, 1984. Major: Marine Science, Minor: Botany
Jacl:sonville University, Jacksonville, Florida
I Experience
Ecologist, Director of Wetland Permitting Section, Kevin L. Erwiu Consulting
I Ecolopst, Inc. October 1993 - May 1996.
Environmental consultant to private land owners, land planners, cotunercial and
residential developers, engineering firms, and state and federal agencies. Consulting
services included: pennitting with federal, state, and local environmenhl regulatory
I agenc les; wetland mitigation bank pennitting; environmental impact assessments
providing analysis for existing or expected impacts on water qualit:I, biological
cOlTllTunities, and natural resources; habitat evaluation; reclamation and restoration of
I altered or disturbed land; wetland mitigation design, pennitting, and construction
obser,ations; natural resources management; and endangered spe.;ies survey,
management, and relocation plans.
I Environmental Consultant, Johnson Engineering, Inc., Fort Myers, FL, May t988 .
Octo~er 1993.
Memher of finn's environmental section. Project manager for environmeutal planning,
I ecolo.lical studies, and regulatory agency coordination. Perfonned wetland jurisdictional
deten ninations, wildlife surveys, wetland monitoring, wetland mitig' tion design,
reguil.tory pennitting, and project management.
I Envhonmental Specialist I, Sarasota County Natural Resources Departm:nt, Sarasota,
FL, July 1987 - May 1988.
PrilDl ry responsibilities included environmental planning, pennitting, and euforcement of
I COIUlty environmental regulatory codes. Perfonned field inspections, inc uding pennit
inspe.;tioDS and compliance. Prepared pennit summaries and notices of permit violations.
Cond Jcted Environmental Pennitting Course for County Growth Manageme 1t Divisions.
I Biological Scientist Assistant, Department of Natural Resources, Burellu of Marine
Reseuch, Vertebrate Section, St. Petersburg, FL, February 1985 - July 1987
I Professional
A uocwions
Naticnal Association of Environmental Professionals
Florilla Association of Environmental Professionals
I President of State Board (t 996 to Present)
State Board of Directors (1991 to 1996)
President of Southwest Florida Chapter (1991 - 1994)
I SoCilty of Wetland Scientists
I Certifications
Certi :led Professional Wetland Scientist by the Society of WetJand Scientist;
Certi tied Ecologist by the Ecological Society of America
Certified Wetland Delineator by the U.S. Anny Corps of Engineers
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.1"naIlUIUU"I~ JIDt: 3i1UU 1l\......~....U. A u,w.n.....A6 UAA .-........- .......-.. ,....... .--... 0---
I surface and internal drainage and elevctes the trees
This nearly level, poorly .trained soil is on above the seasonal high water table. Planting a
flatwoods. Individual areas llre elongated and good grass cover crop between the lrfleS helps to
I irregular in shape, and they range from 20 to 1,000 protect the soil from blowing when t le trees are
acres in size. The slope is 0 to Z percent. younger.
Typically, the surface layer is very dark gray With good water-control managemc:nt, this soil
fine sand about 3 inches thick. The subsurface is well suited to pasture. A water-<:ontrol system is
I layer is grayish brown fine sane to a depth of about needed to remove excess water during the wet
9 inches. The subsoil is yellowish brown fine sand season. This soil is well suited to pf ngolagrass,
to a depth of about 12 inches. J_imestone bedrock bahiagrass, and clover. Excellent pastures of grass
I is at a depth of about 12 inche!. or a grass-clover mixture can be groW:l with good
In 95 percent of the areas mapped as Hallandale management. Regular applications offertilizer and
fme sand, Hallandale and simillT soils make up 83 controlled grazing are needed for the highest
I to 98 percent of the map unit. In the remaining possible yields.
areas, the Hallandale soil make, up either a higher This soil is moderately suited to range. The
or lower percentage of the mapped areas. The dominant forage consists of creepin;~ bluestem,
I characteristics of Boca and Jupter soils are similar lopsided indian grass, pineland thr( eawn, and
to those of the Hallandale soil. chalky bluestem. Management practices should
The dissimilar soils in this nap unit are small include deferred grazing and brush c'lntrol. This
I areas of Pineda and Riviera, limestone substratum, Hallandale soil is in the South Florida Flatwoods
soils in sloughs. These soilsnake up about 17 range site.
percent or less of the unit. This soil has severe limitations for most urban
I The penneability of this :;oil is rapid. The uses because of the shallow depth to bedrock and
available water capacity is very low. Under natural the wetness. It has severe limitations for septic tank
conditions, the seasonal high water table is absorption fields because of the depth to bedrock,
I between a depth of 6 to 18 inch ~s for I to 6 months wetness, and poor filtration. If this soil is used as a
during most years. During the other months, the septic tank absorption field, it should he mounded
water table is below a depth cf 18 inches, and it to maintain the system well above tle seasonal
I recedes to a depth of more thall 40 inches during high water table. For recreational uses, this soil has
extended dry periods. severe limitations because of wetnes!., the sandy
lbe natural vegetation consi its of South Florida texture, and the shallow depth t l bedrock;
slash pine, saw palmetto, creeping bluestem, however, with proper drainage to remove excess
I chalky bluestem, and pineland threeawn. surface water during wet periods, some of these
This soil is poorly suited 10 cultivated crops limitations can be overcome.
because of the wetness and droughtiness. The This Hallandale soil is in capability subclass
I number of adapted crops is I mited unless very IVw.
intensive management practices are used. With
good water-control and soil irr proving measures,
I this soil is suitable for many fruit and vegetable 21-Boca fine sand
crops, A water-control system i i needed to remove
excess water during wet seasons and to provide This nearly level, poorly drained soil is on
I water through subsurface irrigation during dry flatwoods. Individual areas are elongated and
seasons. Row crops should be rotated with cover irregular in shape, and they range from 20 to 350
crops. Seedbed preparation shollld include bedding acres in size. The slope is 0 to 2 percent.
I of the rows. Applications of fertilizer and lime Typically, the surface layer is ver( dark gray
should be based on the needs (fthe crops. fme sand about 4 inches thick. The subsurface
With proper water-control measures, the soil is layer is fine sand to a depth of abou 26 inches.
I I well suited to citrus. A water...:ontrol system that The upper part of the subsurface layer is light gray,
maintains good drainage to ar effective depth is and the lower part is brown. The sut'soil is dark
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May 25,2004
Page 74 of 147
gra)lsn orown unt: :;IIIIUY loalll LU a uell"l UI IIUVUl ~UIU1WlU.:t l!)VVU \,lIOU'"!)"" 'u au ....................11'..... ~...t'"... .oJ
30 inches. Limestone bed rod is at a depth of needed. Planting on raised beds provides good
I about 30 inches. surface and internal drainage and elevates the trees
In 95 percent of the areas mapped as Boca fine above the seasonal high water table. Planting a
sand, Boca and similar soils make up 79 to 93 good grass cover crop between the tmes helps to
I percent of the map unit. In the rl:maining areas, the protect the soil from blowing when the trees are
Boca. soil makes up either a higher or lower younger.
- percentage of the mapped areas. The characteristics With proper water management, thi;; soil is well
I of Hallandale soils are similar tl) those of the Boca suited to pasture. A water-control system is needed
soil. to remove excess water during the wet :;eason. This
The dissimilar soils in this map unit are small soil is well suited to pangolagrass, bahiagrass, and
I areas of Pineda and Riviera, lilTestone substratum, clover. Excellent pastures of grass or a~-clover
soils in sloughs. These soils ma ee up about 7 to 21 mixture can be grown with good management.
percent of the unit. Regular applications of fertilizer ane controlled
I The penneability of this soil is moderate. The grazing are needed for the highest pos:;ible yields.
available water capacity is very low. Under natural This soil is moderately suited to range. The
conditions, the seasonal high Nater table is at a dominant forage consists of creepina bluestem,
I depth of 6 to 18 inches for 1 t,) 6 months during lopsided indian grass, pineland thneawn, and
most years. During the other months, the water chalky bluestem. Management practiCes should
table is below a depth of 18 ine hes, and it recedes include deferred grazing and brush control. TIlis
I to a depth of more than 40 inch"s during extended Boca soil is in the South Florida FlatNood range
dry periods. site.
nle natural vegetation consi:>tS mostly of South This soil has severe limitations for most urban
I Florida slash pine, cabbage palm, saw palmetto, uses because of the depth to bedrock and wetness.
waxmyrtle, chalky bluestem, and pineland It has severe limitations for septic tan~ absorption
three awn. fields because of the shallow depth to bedrock,
I This soil is poorly suited tc cultivated crops wetness, and poor filtration. [fthis soil is used as a
because of the wetness and jroughtiness. The septic tank absorption field, it should be mounded
number of adapted crops is limited unless very to maintain the system well above tle seasollal
intensive mllJUll!ement practic.ls are used. With high water table. For recreational US<lS, this soil
I good water-control and soil improving measures, also has severe limitations because of ....etness and
this soil is suitable for many 1h1it and vegetable the sandy texture; however, with pro~er drainage
crops. A water-control system i:; needed to remove to remove excess surface water during wet periods,
I excess water during wet seasc ns and to provide many of the effects of these limitations can be
water through subsurface irri ~ation during dry overcome.
seasons. Row crops should be rotated with cover This Boca soil is in capability subclass lIIw.
I crops. Seedbed preparation shOllld include bedding
of the rows. Applications of:ertilizer and lime
",- should be based on the needs of the crops.
I With proper water-controlrreasures, the soil is
well suited to citrus. A water-< ontrol system that
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Page 75 of 147
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Page 76 of 147
LISTED PLANT ANU W lLULl.lf1~; ~t'.t-Ll.t-~ ~UK v.r., r
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INTRODUCTION AND METHODOLOGY
I A listed plant and wildlife species survey was conducted on December 26, 2002 to determine
- whether the Bosley PUD pr,)perty was being utilized by state or federal listed species. The listed
I wildlife species survey included, but was not limited to, red-cockaded woodpecker (Picoides
borealis), Southeastern Anerican kestrel (Falco sparverius paulus), bald eagle (Haliaeetus
I leucocephalus), wood stork ,:Mycteria americana), gopher tortoise (Gopherus polyphemu~) and their
commensals, such as the ElLStem indigo snake (Drymarchon corais couperi), gopher :'rog (Rana
areolata), Big Cypress fox s~uirrel (Sciurus niger avicennia), Florida black bear (Ursus ,!mericanus
I jIoridanus), and Florida panther (Felis concolor coryi) (FGFWFC 1997). The listed pl.mt species
survey included species typical to forested upland and wetland habitats in this geographical region,
as well as listed epiphytes a:ld terrestrial orchids common in Southwest Florida.
I The 20.23:1: acre tract was lurveyed for wildlife species listed by the Florida Fish and Wildlife
Conservation Commission and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened,
I or species of special concem; and for plant species listed by the Florida Department of Agriculture
and USFWS as endangered, threatened, or commercially exploited. The survey was co Iducted by
qualified ecologists walkinl! parallel belt transects through suitable habitat to ensure that sufficient
I visual coverage of ground a Id flora was obtained. Transects were spaced from 25 feet to 100 feet
apwt, depending on habitat. Habitats were inspected for listed plant and wildlife species. At regular
intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizatiom.
I Additional observations for listed species were conducted incidental to on-site activities associated
I with vegetation mapping. On July 5, 2002, Passarella and Associates, Inc. traversed th= parcel on
foot while conducting vel!etltion mapping. All habitats were inspected for listed specie~ during the
vegetation mapping. No lis:ed species were observed during the vegetation mapping.
I The "Florida Atlas of Bre,~ding Sites for Herons and Their Allies" (Runde et al. 1991) was
referenced for the location 0 f breeding colonies for both listed and non-listed wading bird s including
I the snowy egret (Egretta tltula), tricolored heron (Egretta tricolor), little blue heron (Egretta
caerulea), wood stork, and white ibis (Eudocimus albus). There was no reference in the ltlas to any
,,-.. breeding colonies located v.ithin or adjacent to the project site.
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SURVEY RESULTS
I No listed wildlife species 'Here observed during the listed species surveyor during vegetation
mapping conducted in July 2002.
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Page 77 of 147
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Florida Game and Fresh Wa1er Fish Commission. 1997. Florida's Endangered Species, ~l1reatened
Species and Species of Special Concern. Official Lists, Bureau of Non-Game: Wildlife,
I Division of Wildlift:. Florida Game and Fresh Water Fish Commission. Tallahassee,
Florida.
I Runde, D.E., l.A. Gore, l.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of
Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongam~ Wildlife
Program Technical R.eport No. 10. Florida Game and Fresh Water Fish Commission,
I Tallahassee, Florida.
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Page 78 of 147
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I CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE
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Page 79 of 147
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flORIDA DEPARTMENT OF STATE FEB 0 3 2003
I Kenneth W. Detzner
Secretary of State PASSAREL.LA AND
CIVISION OF HISTORICAL RESOURCES ASSOCIATES, INC.
I Ms. Julie Arrison January 21,2003
I Pa&Sarella and Associates, In:.
9110 College Pointe Court
Fort Myers, Florida 33919
I RE: DHR Project File No. 2002-11882
Received by DHR D<lCember 26, 2002
Bosley Parcel (20.2H Acres)
I Project No. 02BDC7 n
Collier County, Florida
I Dear Ms. Anison:
In accordance with the procedures contained in the applicable local ordinance or land development code,
I we reviewed the referenced J:roject for possible impact to cultural resources (any prehistoric Jr historic
district, site, building, structure, or object) listed, or eligible for listing, in the National Regisoer of
Historic Places, or otherwise of historical, archaeological, or architectural value.
I W~ have reviewed the Florid.l Master Site File and our records and no cultural resources are known to
eltlst in the area of potential dIect. Therefore, based on the infonnation provided, it is the o~,inion of the
I office that no cultural reSOurles will be affected by this undertaking.
If you have any questions cOllcerning our comments, please contact Scott Edwards, Historic Preservation
I Planner, by electronic mail sl'dwards@mail.dos.statefl.us, or at 850-245-6333 or 800-847-7278.
Sincerely,
I ~ --:+ 0 . . Q ", G..lL. \.~ SliVa
I Janet Snyder Matthews, Ph.I:., Director, and
State Historic Preservation Officer
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I 500 S. Bronougb Stred . Tallahassee, FL 32399-0250 . bttp:/Iwww.f1beritage.eom
CJ Director's om"" CJ J.n:huological Resarch ci' HlHoric Prnnvation CJ JiUIorkaI M__
(850) 24s.moa ' FAX: 24>-6435 (SSO: 24>6444 . FAX: 245-<>436 (850) 245-6333' FAX: 245-6437 (850) :!~. FAX::z45.6433
I a Palm Beach Regiono I Office CJ Sl Augustine Regional Office CJ Tampa RegiOnAl Office
(561; 279-1475. FAX: 2'9-1476 (904) 825-5045 . FAX: 825-5044 (813) 272-3843' FAX: 272.:l34O
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May 25,2004
Page 80 of 147
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I TRAF]?IC IMPACT STATEMENT
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(pROJECT NO. 021203-10)
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Metro Transportation Group, Inc.
12651 McGregor Boulevard, Suite 4-403
Fort Myers, Florida 33919-4489
941-278-3090
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es M. Banks, P.E.
-L.. P.E. No.: 43860
Agenda Item No. 17C
May 25, 2004
I Page 81 of 147
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'1 CONTENTS
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-1 1. INTRODUCTION
-1 II. EXISTING CONDITIONS
I III. PROPOSED DEVELOPMENT
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i TRIP GENE~A TION
IV.
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V. TRIP DISTRJBUTION
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, j VI. FUTIJRE TRt\FFIC CONDITIONS
I VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS
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; VIII. CONCLUSION
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j Agenda Item No. 17C
J May 25, 2004
Page 82 of 147
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I. INTRODUCTION
\ Metro Transportation (iroup, Inc. (Metro) has conducted a traffic impact statem ent for
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" the proposed 20-acre Bnsley PUD. The site is located to the south of hnmokalee F.oad to
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the west of 1-75 in Scdion 30, Township 48 South, Range 26 East in Collier County,
-l Florida. The site location is illustrated on Figure 1.
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1 The proposed Bosley PUD will allow for the development of approximately 303 multi-
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I family residential dwelling units. Access to the site will be provided via a single access
-, location to Immokalee Road.
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, I This report examines t Ie impact of the development on the surrounding roadways and
intersections. Trip get14n-ation and assignments to the site access drive will be completed
'1 and analysis conducted to determine the impacts of the development on the SUlToJnding
I intersections.
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II. EXISTING CONDITIONS
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The subject site is C\llTently vacant. The site is bordered to the north by bc.th the
1 Donovan PUD and tll€~ Breezewood PUD. To the east, the site is bordered by I-j 5. To
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the west, the Bosley 1'1]D is bordered by the Donovan PUD. To the south, the site is
J bordered by property t) wned and regulated by the Collier County Parks and Recreation
Department.
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Immokalee Road is a four-lane arterial roadway in the vicinity of the subject site. The
J intersection of hnmokalee Road with the Donovan Center PUD access is cU:Tently
signalized. The Collier County 5-year Work Program indicates construction of the six
J laning ofImmokalee Road from U.S. 41 to 1-75 in the Fiscal Year 2004. Therefore, the
.J six laning of hnmokal~~ Road was accounted for within this analysis. Imrnokalet Road
has a posted speed limit of 45 mph and is under the jurisdiction of Collier County.
........
Agenda Item No. 17C
J - May 25, 2004
Page 1 Page 83 of 147
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SITE-
'''.. LOCATION
BONITA BEACH H[ .
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11TH AVE. IMMOKAI.EE RD. d)
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VANDE I T B CH RD.
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.W1J@] SITE LOCATION May 25, 2004
J Page 84 6f~E: 1
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i , III. PROPOSED DEVELOPMENT
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- 'j The proposed BOSI~Y I'~. will ~low for the development of ~pproximatelY 303 ~~lti-
. family dwelling umt" wIthin Colher County. Table 1 surnrnanzes the land useltlhzed
'l for trip generation purposes for the subject development.
Table 1
Bosley PUD
Land Uses
: ~
I Access to the subject dte is proposed via two access locations. Both access dri veways
) will route the develcpment traffic through the Donovan PUD in order tc reach
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, Irnrnokalee Road. Ultimately, the development traffic will access Immokalee Road
_.I opposite of Pelican Larding at a signalized intersection.
1 IV. TRIP GENER\.TION
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The trip generation f;:>r the proposed development was determined by referencmg the
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, Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 6th Edition.
Trip generation calculations were performed for the development based on the proposed
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I 303 multi-family dwe.ling units. The proposed residential units will be ownership
I residences, so Land Use Code 230 (Residential CondominiumfI'ownhouse) was utilized.
,.J The equations for this land use are contained in the Appendix of this report for reference.
I Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the
_1 proposed Bosley PUD. The daily trip generation is also indicated within Table 2.
..l Table 2
Trip Generation
i Bosle PUD
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CondorroYinhouse
(303 dwellin~ units)
J Page 3 Page 85 of 147
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V. TRIP DISTRIBUTION
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'The trips shown in Table 2 were then assigned to the surrounding roadway system based
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I on the anticipated rout~s the drivers will utilize to approach the site. The driveway
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I volumes shown in Table 2 were assigned to the proposed site access drive. In o:'der to
I determim: the project distribution, the current and projected population in the arl~a and
other existing or plamllxl competing/complementary uses in the area were reviewed in
I order to fcmnulate the distribution of the site traffic. It is anticipated that a higher
percentage of the development traffic will originate from the west, so 60% of the project
traffic was assumed to originate from the west. The remainder of the site traff:c was
I assumed to originate from the east. The project distribution for the proposed
I development is indicat~l in Figure 2.
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! In order to determine which roadway segments surrounding the site will be signifcantly
I impacted, Table lA, contained in the Appendix, was created. This table indicates which
) roadway links will ac(:(.mmodate greater than 3% of the Level of Service Standard for
i Peak Hour - Peak Dimction traffic conditions as defined by the 2002 Collier County
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Annual Update Inventory Report (AUIR). The Level of Service threshold volumes on
lmmokalee Road were obtained from the 2000 FDOT Generalized Level of Service
Spreadsheet, Table 4-7 for Generalized Peak Hour Directional Volwnes for Florida's
I Urbanized Area's. A CJPy of Table 4-7 is contained in the Appendix of this repJrt for
. ,J reference.
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I Based on the traffic distribution indicated in Figure 2 and the Level of Service Thr,~hold
I volumes indicated in Table lA, no roadway links will be significantly impacted as a
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result of the proposed Bosley PUD. The highest impact percentage sustained on any area
I roadway is shown to be 2.5% of the Level of Service Standard on lmmokalee Road to the
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west of the subject site. Therefore, hnmokalee Road was only analyzed immediately
, adjacent to the subject site.
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.. J Agenda Item No. 17C
I - May 25, 2004
Page 4 Page 86 of 147
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, '-- -- ' - .- - -,
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IMMOKALEE ROAD
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LEGEND Aglda Item No. 17e
xx", - Percen! ~istribution
~~ TRAFFIC DISTRIBUTION Page 87 of 147
FIGURE: 2
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I Based on the traffic distribution indicated within Figure 2, a site traffic assignment to the
'-1 proposed access locatiolls was formulated. Figure 3 indicates the site traffic assignment
':0 Immokalee Road for 1he proposed Bosley PUD.
l VI. FUTURE TRAFFIC CONDITIONS
~l ft was assumed that thf: proposed Bosley PUD would be completed by the year 2006. The
2006 background traff c volumes were calculated by increasing the existing traffic
volumes by the appropJiate annual growth rate for the roadway link. Table 2A in the
I Appendix of the report indicates the 2006 peak hour, peak direction traffic volumes for
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, Immokalee Road. Based on the project distribution shown in Figure 2, the link data was
I analyzed fbr the build-out traffic conditions of the Bosley PUD both with and without the
development traffic.
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Figure 4 indicates the:> ear 2006 peak hour - peak direction traffic volumes and Level of
,1 Service fcx the VariOl s roadway links within the study area based on the traffic
projections for the proJ>osed Bosley PUD. Noted on Figure 4 is the peak hour '- peak
1 direction volume and L~vel of Service of each link should no development occur on the
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subject site and the pelle hour - peak direction volume and Level of Service jor the
I weekday A.M. and P .::Vl peak hours with the development traffic added to the roadways.
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J VII. PROJECTEn )~EVEL OF SERVICE AND IMPROVEMENTS
J Figure 4 details the Lc"el of Service for all links inside the project's area of influence.
These Levels of Servicf were derived based on the Level of Service thresholds inCicated
J within the ART-PLAN 4.0 Level of Service spreadsheets as previously indicated. Table
.J lA in the Appendix ddails the calculations to detennine the Level of Service on the
analyzed links based on the build-out traffic conditions of the Bosley PUD.
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I As can be seen from Figure 4, all roadway links adjacent to the subject site will function
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I under an acceptable I..A:vel of Service when the development traffic is added to the
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Agenda Item No. 17C
J Page 6 May 25, 2004
Page 88 of 147
._.
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4 "tl I~
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LEGEND Agenda Item No. 11
xx - Weekday A.M. Peek Hour
(XX) . Weekday PM. Peak Hour
~~ ,
SITE TRAFFIC ASSIGNMENT Page 89 of 147
FIGURE: 3
,-
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- ...._~._. ~_._.---.-
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-., -. '--- '--- - --- - --.- - -
(4 I~ I
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NOT TO SCALE
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IMMOKALEE ROAD
2548 - "0"
(2611 -"E")
[2611-"E"]
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: SITE
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LEGEND
vvv ~~e r'.wk ~.iy..,:",.;-.;,~ ::,;:-,,.',;"":"0:'" ~U'll;l'....;,l.I" AJnda lIem No. 17e
Background Traffic Volumes
(XXX). 2006 Peak Soason.P&ak Hour,Peek DirectIOn
Background Traffic Volumes Plus AM Project Traffic
[)(XX]. 2006 Pe!~ Seesor..Peel:: HO!1~.Pe~~ Direct:o:-1
Background Traffic Volumes Plus PM Project Traffic
'X' - Level of Service Designation
~~ Page 90 of 147
2006 BUILD-OUT TRAFFIC CONDITIONS FIGURE: 4
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I -1. surrounding roadway m:twork. Therefore, no roadway improvements will be required as
'1 a result of the propos{:d Bosley PUD.
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. \ Tum lane improvemen1 s will be required when the development traffic is added to the
surrounding roadway n~twork based on the Collier County Ordinance 93-64. Both an
"j eastbound right turn lane and a westbound left turn lane will be required on Immokalee
Road. These turn lane:s currently exist, and the existing turn lanes will remain sullicient
once the Bosley pun ~ite traffic is added to the roadway network. No addition1l turn
lane improvements will be required as a result of the proposed Bosley PUD
I
J VIII. CONCLUSIO!'l'
\
I The proposed Bosley PUD to the south of Immokalee Road just to the west of 1-75 within
I Collier County, Florida will not adversely impact the existing roadway network. The
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surrounding roadway nt:twork was analyzed based on the projected 2006 build-out traffic
J conditions Based on the analysis contained within this report, all roadway segments
impacted by the Bosl(:~' PUD will operate at an acceptable Level of Service when the
1 development traffic is added to the surrounding roadway as projected without the l:ubject
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development.
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Turn lant: analysis WIU; performed as a result of the proposed development, and both an
.J eastbound right turn lar:e and a westbound left turn lane on Immokalee Road at be site
I access intersection will be required when the development traffic is added to the roadway
! .J network. Turn lanes currently exist at this intersection, and these turn lanes will remain
adequate once the subject site is completed. Beyond the mentioned tum lane
J requirements, no road'~'ay improvements will be required as a result of the pmposed
.J Bosley PlID.
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Agenda Item No. 17C
.J Page 9 May 25. 2004
Page 91 of 147
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Page 92 of 147
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Page 93 of 147
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TABLE 1A
PEAK DIRECTION
PROJECT TRAFFIC VS. 5% LOS STANDARD
TOTAL AM PEAK HOUR PROJECT TRAFFIC = 125 VPH IN= 20 OUT= 105
TOTAL PM PEAK HOUR PROJECT TRAFFIC = 155 VPH IN= 105 OUT- 50
PERCENT PROJI
ROADWAY LOSA LOS B LOSC LOSO LOSE LOS PROJECT PROJECT LOS
ROADWAY SEGMENT CLASS VOLUME VOLUME VOLUME VOLUME VOLUME STANDARD TRAFFIC TRAFFIC STANDARD
Immokalee Road W. of S~e 6LO 0 340 2110 2570 2710 2570 60.00% 63 2.5%
E. of Site 6LO 0 340 2110 2570 2710 2570 40.00% 42 1.6%
E.ofl-75 4LD 110 1660 1850 1850 1850 1850 20.00% 21 1.1%
Agenda Item No. 17C
May 25, 2004
Page 94 of 147
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TABLE 2A
COLLIER COUNTY TRAFFIC COUNTS AND CALCULATIONS
7% Tnx:k Adjus1m.nt. 0.952
B2Itm: ~ 12
Immol<alee Rood 0.097 0.600
TOTAl PROJECT TRAFFIC I>JJ, . 125 VPH IN' 20 OUT= 105
TnT.ll.1 pQn u=rT TR6c:~rr PU = ... \IOU ."1- ~0~ ':)I_IT"_ =n
2003 2006 2006 2006
2002 PKHR PKHR PERCENT BCKGRND BCKGRND
BASEYR 2002 10-mo. YRS OF ANNUAL PK SEASON PK SEASON PROJECT AM PROJ PM PROJ + AM PROJ + PM PROJ
~ lli1I!i!lI ADT ~ Am: ~ BAn ~ ~ !IlAEf!l< !IlAEf!l< !IlAEf!l< ~ ~
Immokalee Rood W. of SM. 32423 39031 38200 4 4.75% 2217 2548 60.00% 63 63 2611 2611
E. of SM. 32423 39031 38200 4 4.75% 2217 2548 40.00% 42 42 2590 2590
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Agenda Item No. 17C
May 25, 2004
Page 95 of 147
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, 1 GENl3:RALIZED PEAK HOUR
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J May 25, 2004
Page 96 of 147
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TABLE 4 - 7
~ GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S
URBANIZED AREAS.
'1 -" T
! UNlNTEJUtUl'TED FLOW mGHWAYS FREEWAYS
Level .)j Service Interchange spacing ~ 2 mi. apart
Lenes llivided A B C D E Level of Service
--1 I Undivided 100 340 00 950 1,300 Lanes A B C D E
2 Divided 1,1)60 1,720 2,500 3,230 3,670 2 1,270 2,110 2,940 3,S80 3,910
I 3 Divided t,oSOO 2,590 3,140 4,840 5,500 3 1,970 3,260 4,550 5,530 6,1~0
STATE TWO-WAY ARTERIALS 4 2,660 4,410 6,150 7,480 8,3"0
-1 Class J (>0.00 to J.99Id@-nalized inl.erlleCliofls per mile) 5 3,360 S,S60 7,760 9,440 10,410
Level .()! Service 6 4,OSO 6,710 9,360 11,390 12,6 ;0
Lanes Divided A B ~ D E
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I Undivided ~. 220 no 860 890 Interchange spacing < 2 mi. apart
2 Divided 250 I,S30 I,UO 1,860 ... Level of Service
1 3 Divided 380 2,330 2,720 2,790 ... Lanes A B C D E
I 4 Divided 490 3,030 :~,160 3,540 ... 2 1,130 1,840 2,660 3,440 3,910
3 1,780 2,890 4,180 5,410 6,150
Class 11 (2.00 10 4.50 signalized intersection I ler mile) 4 2,340 3,940 S,700 7,380 8,380
Level ,)1 Service 5 3,080 4,990 7,220 9,340 IO,6:~0
I Lanes Divided A B :::: D E 6 3,730 6,040 8,740 11,3\0 12,8:;0
i I Undivided .. 100 590 810 8S0
2 Divided ... 220 1,160 1,710 1,800 BICYCLE MODE
3 Divided .'. 340 2,110 2,570 2,710
1 4 Divided ~. 440 2,190 3,330 3,SOO (Note: Level of service for the bicycle mode in this table is based 01' roadway
geometries at 40 mph posted speed and traffic conditions, not number of
Class III (more than 4.:; signalized inten;e(:tiolls per mile and not bicyclists using the facility.) (Multiply motorized vehicle volumes shown below
within primary city central busin~5 district of an by number of directional roadway lanes to determine maximum ser -ice volumes.)
urbanized lIR'.a over 750,000)
I Paved Shoulderl Level of Service
Level oj Service Bicycle Lane
Lanes Divided A B ~ D E Coverage A B C D E
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t Undivided II'. .. 2~0 660 810 0-49% .. .. 170 72C >720
2 Divided .. .. 650 t,SlO 1,720 50-84% .. 130 210 >21') ...
'.l 3 Divided .. .. 1;)20 2,330 2,580 85-100% 160 380 >380 ... ...
4 Divided 4'. .. 1,150 3,070 3,330
PEDESTRIAN MODE
Class IV (more than 4.:; &ignalized inter5e(:tioIIS per mile and within (Note: Level of service for the pedestrian mode in this table is base< 1 on roadway
1 primary city ,;ntral business dislri;:t of an urbanized area geometries at 40 mpb posted speed and traffic conditions, not the nl mber of
over 750,000) pedestrians using the facility.) (Multiply motorized vehicle volumes shown below
Level oj Service by number of directional roadway tines to determine maximum sen ice volumes.)
Lanes Divided A B , D E
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I Undivided .. .. 210 720 780 Level of Service
I 2 Divided .. .. 6;0 1,580 1,660 Sidewalk Coverage A B C D E
i 3 Divided .. .. 1,1100 2,390 2,490 0-49"10 .. .. .. 330 810
4 Divided .. .. 1,:'50 3,130 3,2S0 S0-84% .. .. .. S20 990
8S- I 00"/. .. 120 590 >S9( ...
I NOS-ST ATE ROADW., VS
Major City/County Ro<IC" ays BUS MODE (Scheduled Fixed Route)
J Level (If Service (Buses per hour)
Lanes J:ivided A B .: D E Level of Service
1 Undivided .. .. 410 760 810 Si<lc:walk Coverage A B C D E
J 2 Divided .. .. 1,.20 1,620 t,720 0-84% u >5 ~ ~3 ~2
3 Di vided .. .. 1;40 2,450 2,580' gS-IOO"1o >6 >4 ~3 ~2 ~l
J OllK:r Signalized Roa<lwa ys ARTERlAUNON-STATE ROADWAY ADJUSTME:I/TS
(signalized intersection IInal ysis) DIVIDEDIUNDIVIDED
Level (,f Service (alter corresponding volumes by the indicated percen1)
Lanes Divided A B c: D E
I Undivided .. .. 2:;0 S30 660 Lanes Median Left Turns Lanes Adjustmen : F8Ctors
J 2 Divided .. .. SilO 1,140 1,320 I Divided Yes +S~.
Sowce Florida Del'a.."'tment of Transport at ion 02/22102 I Undivided No -20 M.
Systems Planning Office Multi UDdivided Yes -S~..
605 SUW8n.'\ee Slrecl, MS 19 Multi Undivided No -25 V.
] Tallahassee. FL 32399-04S0
bnp:l/www t l.myfloridl.comIplanninglsyst :rlSlsmllosldefault.bllll ONE WAY FACILITIES
Increase corresDOlldiD2 volume 20%
'"lhiItoblo _... --,_.1IIICIIrd IIId _Ill be _ oaIy for..-- ,11IIOi.."""IicIIiaoI. no .--_Ia r.o. wbicb lIIiI.oble 10 deriwd......d be "*'.. .....IpCCir.. ........
.ical..... no lIblc IIId dcriYial_lIlOdoIIoI""k: not be _ ror <Otridar or ~ desi&n........ __ ..r_ __..ill. V.lunlhown.nllourly direcli.-l__ for _Is of
....l. _ aod .. r...1be ..._tllI_ _...... ",...if ,Illy __ LnoIoh.",ice lclIer p'Idc __ 1ft pn>iIIbIy... COIllpIIObI. _ modes ond,therer.... ..- _1...,,_ _I..
made Wilh ~. fUllbemtcnw. COIIIbinia. RvelJ of .'Vice of &.trer.nI -.odesd. OM' O'VU'IIIANldwIY Incl of .rviec is DOt rceommaNW. To coaowen to ann..1 averaae daily InIffic yt han,.1heIc.
_ ,..... be divided byo""vpriIIe D IlId K faaor.,. ,,. ; lable"..... ..I.. defMlIlJ IlId _ oheni<< c:ri_ _ GO... followinl POle. C._ I/O bosed on pIll...in,.,,1 icoIioo. oflbe
HiPwa:1 C~ _~ a.cyd. LOS Model. _.Ift .os Modelllld T.-it Capoc~yaod ~lityor5crlice Mlftua~ aupecliYCly forlbe Oul_~~d8'1tefTl' tfo 171
..Caanul be- achievtd aI"" ~ input wlue del.ulu. .
...Not :1I"lieablt forN leY~ll)(.mce letter lIMe. for .,rtomobilchruc:~ modes. VGlumcI pelltrbA kftlofaervc D bc:comc fbcalllC inlerscc:zw. c:aplCities hI~ bee.. raMay~ 200
J .... pod<.uion mocle'.k Ie.d ,r _ice _ vade (incl:... F) ia... Khievable. because Ihen ia.. ....im... vehlde ...U"'" thtoshold ...... ....,. input ..I.. der..l... P ag e 9 7 ~f ~
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'j TRANSIJORTATION 5 YEAR WOR'K
1 PRO(;RAM-FY03 REVISIONS
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--.1 Agenda Item No. 17C
J May 25, 2004
Page 98 of 147
04124/2003 THU 13::l~~ FAX ~OO2/002
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Pwpo TtaI'lSpol1al n 5 Yoar Wotk PmSI';lll1 - fY~ RcwlsionS ~W eioU;; .
. CDo\blrs shown in Tbousalld$l . I
1 PI1J/'}=t. proJect I I
" Maim
f"i03 FY04 FY05 f1'()(; F"rOT
SUMMARY OF PROJl!:CT$ Amount Amount Amount Amoulll Amount Amour
8011'j Plno Rl~ FlOadI'Alrpon-Log:ll' 250 FCO ~
I ~:1; AIrport NUns RciNaR to PF\A 23 FeO
! G304 t QotdBrl aale BtydIColller Blvd' Wilson 2111 FCO ,
6SOd11 RIldIo R_f lnl_Uoa 30 FCO
19101 I/nn1(lbIeoG Ad 175 - QvIIIlN' Ph'll. &1 FCO
- GOO1S IqunokaIM F1cUCollIer Bltd. Wl~ 27.'25 en 27.'.
1 Golden GIlt. PkW)IfAllpol\-SBB 2Il,&Ct we
\ - ClDO.27 20,S
80021 GalClca Gato PkWY 0wWpae&. as,ooo ~ 3$,01
~71 LhIng8IotI RoedIOGPKWYof'Ii:F: 2PI ell :z,s:
- 60184 GoodIette r-nlM R<<YBR - mn 15_ CJ1 1s,&:
1 _10189 RaIIIesnab Polly 10 Collar 111"111 6,100 DIMICII 6,11(
_ G'lD71 LlvktJlItocl ~IIK 21,I9C en 21~
_ IiilIOS I V~1It am RdfAkporl-CoIl1t!f BM:l. 2&,131 ~ 24,'~
_ &5041 LJvInp(on Road ........ -trr.pt 1aI St 1_ ell 7~
611068 1811I SIreelIn~ 2,D5O ell 2,05
i - 'IBD SRMDnW Ptwd ~on 50Cl C SO
I _ tIOaI8 IVN~ RdIOId41~ Lit 2rGOO .. 2,50
\ _ 68101- 00unt1 a.N R08d/Devil - CRaG I 1,s.u RIM 1t,tOO ell 12,64
- 101. LogIIt BouI~\o IMMI<: 2,2Sll l'lIa 8..000 C" 8,251
I - I3l81 SInla s.dlara BlwIIPRR. DavIs Blvd 10.784 DIR "'125 C'I lIo.nl
- GSOG1 COIf'" EIMlJlIMIIc RcHlO BWd. 1,100 DIR .,t'II R 1"aGO C. ".srI
\ - eeo42 Immok.1llee ~1~6 12,IU bIR .10,100 cA. =-
.,..., IOOOl ColDer 8Ivd (DaVIs S 10 US41 4,4500 ~ 4r87S R 14,023 R 017 ,2IlO E1Q't 61 ,zlll
- fiOOOG: CioOdlfdIa FfMk (PRR-GOPKWY , 1,200 14.110 E:ICII l&,!lOt
""1 - 80011 immo1c~er8Mf SOOD 50C
\ __ SOles In1rIIobItee ReI oa Wdlo 8R29 1,aoo S · 3,SQlI o · 1i,3ClCl
_ tI01ffT Uvlnpn Road EJClOnlIIon 60D P "000 DIRI\I ',lIOCl
- eo1M "MlCIed>1It lli..lICh Rd/tlDIier 8M -WIlson SIlO S S,OOO D 12,,500 R 15,11OCl
- tsO$3 RIIdIo Ad "'-R-s.nIa e.... %75 1M 27S
\ ~ TaD Coller ~IlmI-GGPKW1' ISOS 1Ji1OO P 2."50
-TBD GoocIette Fnnk FId/ImnIk. vim 1,200 D 1,200
- iBD Green BIR Eat an. SBB MIOS s.roo 0 ~,900
__ TBO ~anclertIIl DIM WlSg- 8BR 2.61lO /) 1_0 1,.400
...J _ 180 s.nt.a ~,. IlIhd/Dnt6 -rc.ttlf ""~ UOO R 1 CI,IICIO IR tt,. C 2J.9QO
_ . 'TBD Co...... Btvd (GG8 \0 G.-n Bll/If. I 1,1DO D 1,500 R 5,700 ~ "500 c: 111,_
_ .TeD Green Blvd (SIIntHno - seD) I50CID 870R 2.9SO R 3,IDO c: 8,~
_ THO GOlden Gate a1vd/Wl1sOD-EYttI1lI1 dos Z&OS 1,5C1O 0 1 ,no
- TBO IIS1 C40r Studt ~ COlLIn 1 2SOS 2SO
1 - '1130 Pine RIdge ~er ElM I 11000 8,000 c: .c,tiOO
-TBD WIlson 81lrcf( Immk.QGB ZSOS 25D
- TaD GIG Estldes EIW Cohtdor Stud)' 100 S 2608 650
-1'8D Davis Blvd &hld,.-Nlpori - SBII 110 ~ 'lVOD 850
-1130 GGPKWY ""'341 E of QoodIette R { 25Q ..S BOO
\ 10" Contingwqr 12.772 8.800 .~ ...., a&72
SUb-Tot!. PI'OIlIda 11';31t 111,sr. 4g.DOO SliT ,5'S1
-0 It
NOElCl 8dcIg. Replll'Slllltprowlnes 73 $0 $0 GO &0 m
.1 A606S ...,or Inttmelllicm lmpc'o""III'" .t1 1,000 1.000 1.000 '.oao "191
800111 InterseoUon 8af~ Inlll'll'" 1m 750 760 7SO ?SO 4.292
f0172 H.w nllfllc 6t..... 1,be3 110 760 7$0 750 .,0&3
.122 Shoufder 8"'01:1 PrDIIW1\ 75 50 so 50 10 275
8IOB1 pllhwayslStcl-llIICa 8Ikt l.arMIll 10 10 10 50 so 250
.J Subl/)laI 8MG .,p.,.uons fc ....."t manoe ,,444 2.150 ~5D ~ 2.1150
ImPaCt At credits 11nahold I 2,.IlOO I 2,000 .1 ~ I ~
J of......
.Ehhll'lc8d OI:l<<1ItI!!fIS " Ihlnl.rnl IS/! 1,ooc1
CI0173 MlIIor RolIcIfty RMUIf~onstnJCIJon 1.117 1.000 1,000 1l1C1O
Subtotal E~ld 0 .. t.I 1,&17 UOO 1.000 1.Q!lO 'I
J eooo:I CoIIKtOr Roadt:lMlnor MeNIl ftOt Ids 1- 5.,600 UOO G,GOO e,GOO
~171 Advancod ROW .\ 1.570 ,. 1,000 1,C1l1O 1000
JllMtn- Bfl"':ls Debt Sent~
I Propo"d t'ebt Service "S61 11"M8 25.m 29.2S7 79.944
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J l-ot>> Funding R~ All fUnc1s 2OO,87D 141.495 116.466 '01.703 11.507 658,040
!~
$. Sludy NOTES: SB8lbavb lo ~ RO\JfOl''' b\llIdIng ~...
.-l (I .. be.lgn · to AdvllllCed F\elmbuf8ement ColDer ElIVli'GG8 -Immk Rd _2fDJeells bM\g. Fat nebd
JI .. Mltlgadon E . ExfIInUon 1lO1611n ~unctiof1 d:' Denlo'Nr c:oncrlbUllon Agf'CCIlIllIlt
c: . (::0 nstruc\fOl!\ FeD .,. final Close out ~en a Item o. 17C
FI = ROW AIo\ .. Access Management FY 02 ProJects oRed IrltMlft 25, ~4
.J I .; .I"'-fr-l:- Page 99 of 147
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.J May 25, 2004
Page 100 of 147
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""1 BOSLEY PUD
ITE TRIP GENERATION REPORT, 6th EDITION
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Ull1d Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way)
! Re,idonti.! J;;
Condo.rrownhouse Ln (1) = O. 7 ~O Ln (X) + 0.298 Ln (T) = 0.827 Ln (X) + 0.309 Ln (n = 0.850 Ln (X) + 2.564
, '1 (Llrc 230)
I T = Trips, X = Unit~
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Agenda Item No. 17C
J May 25, 2004
Page 101 of 147
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STILES I UUNOVAN CO_RCIAL I IIRt!EZEWOOO \ ,I / I::: \
PUll PUll PUD " "'''--1'''''''''-- "" '-'_n__n..
I I ------- ---r"" I::: ,~__h___h__
' " I \, Iii: .:
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, , LOCI. nON NAP
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UVlHGSTON LAKES :
PUll I ...._ , ,i I SUBJECT PROPERTY _ 20.23 ACRES
'\ DONOVAN ~~ I :: I
PUO I 1
I RESIDENTIAL Ii' I PRESERVE . 3.118 ACRES +/. SHOWN
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I 'I :' :\ A TOTAL OF 4.110 ACRES +/. OF PRESERVE
- i . , TO BE PROVlDEO AT TIlE OF SITE DEVELOPMENT
' f.'-....J. . . . . PLAN APPROVAL
I L _ _ _ _ _ .J
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I ir.... c.!......... . . . "-..~.~. -.<.:::1 I' LAKE. 2.57 ACRES +/.
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i . .:, . "." ,. I : MAX. DWELLMG UNITS . 303
! ' 1,8jt,., . ....J I
I - -, " , ',OPEN SPACE . TO BE PROVIDED 1&0.0'"
i COUNTY PARI(
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. THE BOSEL Y PUD __ ~ ~~ EXIIB/T A A'benda -;-... 1
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May-13-04 06:S5A Dorr;ll Managgmgnt Group 239 594 1422 P.01
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dmg
Dorrill Management Group
Facsimile Transmittal Cover Sheet
To: R. Bruce Anderson. ESQ. Fax # 261.3659
Company: f<oetzel & Andress Date: May 12. 2004
From: W. Neil Dorrill
# of Pages in Transmission:.1
.-
Comments:
..
The Original of This Transmission Will _ follow via U.S. Mail
Will not --1t. follow via U.S. Mail
If tl1ere are ony problems with the receipt of this transmission.
Or if you r'eceived this transmission in error,
Please ,all our office immediately ot (239) 592.9115
-
Agenda Item No. 17C
5645 Strand 8ulllevard"Suitc )*NlIples. Florida 34110*teI.239-592-9J 15"fllX239-59~~5, 2004
Page 103 of 147
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May-13-04 06:55A Oorr;ll Management Group 239 594 1422 P.02
" Don-i1) Mal1~emcnt Group
(",')11 ier ClHmty BIHlrd :->f COLJl1ty Commissioners
C()I!J~r County (j,)\'errlrn~lil CCllter
~~JO I E:l~t T.):~li:mli Trail
!\.lplc..;,FL )411~
R(~; Bcndcrson DeveJopment Company/Bosley PloD
PL DZ-2()(J3-A R-4575
D~.:lr MO.1rd O(Cl'Llnty Commissiom:rs:
The ilnnrd 01' Direct':l!'" of The S tr:md Master ProperTY Owners AS~0,.'jution ("The Strand") h~~:
d~7~:jll;rIl:d l\l sLIiJpm1 the is:'iu:mce of :J dc:\'clopment order by Cui lic."l' CNlTlty lor the n'J:~ky
PL:D to :l!ln",,' lhe tk\'dopmen1 of a rrHlXll1lUll'l uf three hundred thri;e (:;OJ ~ mulli.1~m)il:,
::i':lml:1bJc I1cllsing t.!wdlrn.~ units. In th:.lt reg,<1rd. the B,)ard recognize;;; thar a wide V:lr1el y (1 t'
'~~'.'Clrlrmt:n: :lI1U types of hou:;mg :ire necessary in order Inat Collier COUtlly c:m he II \'i.1hj~
"- .:orllJnuniry. :.ind cllrl:>id;,;r,; the ~mpm\'al oj" tllis pn)ject by the Ci1unty Ll bt: :.I slgljJtlCallt st~.i-'
lcm;ml ~cc()mrli5hi![~ :;ul'h dIversity.
I iuw;,:\cr. The Sir~n~~ \; ~uppol1 of th~ Bosley rUD is cll\ltingenl upl.'n th\.~ apprn\'al hy lh~
COlHlty of the conJition of the dl:vr.:lopmenr MLkr that Bendcrson Devclnprn<:lll ('umr:.m\' Ill)!
pull hulldlng p":IT:lits hlr morc rh:.ln t)ne hundred eighty (180.1 dwcllmg unjts dunng tile tlrSl yt.::ll'
~ljh:r the apprc\,.'<d dme of[hc: Bo:;ley PllD by the C\>Unty Commission. 1I!' thl' L:1.l!l~trU\.:!ioll of I he,:
SLxtj) li.!m: of Immok..lt:v Road .)l the intersection with Stnmd B()ule\'urd. whichevel !ir.,t occur:,.
Ther~~;lfleL the rCln:lir'i:lg {me hUJlJr~J twenrY-lhrce (12:r~ UUilS would be: cligibiv to rc;:~i\'\'
huilding per;llil~; on the earlicr- tu occur ortn..: fir~r :llll11\'cr.:;:lry dutc ot'the appw\ul datc of t!ll'
Bosley PI.'O /-ly the C"unry, Or the completion ofihe construction of the six lallcs of Itnmok;,-lke
Road at i1.l; intersection with Strand Boult'vard.
I~ i:s our LHl<.krSIJndlllg lhat thi!' condition was propo:)cd by the Bcnd~rson Devc::1opmcnl
Cmnp:my and unanimc.u~ly apprDved hy the Collil..T C()unt~.. Planning (\1mmis:>ipn Jl it~ H1cc:ting
to ccJ1Jsidcr the .I3oslc:y PUD 011 April 1:5 2004. The Str.::lnd agrec~ thallhis propo,<;ed phasing ()f
the developmen1 of [he Bosky peD is necessary in order to minjmi7.~ tht: ;ldditi~mal traftll..'
Im)1.:lct (In imm~1k~llL'e ROJ.d '....hkh m:3Y be causcd by thi~; dc\cJopmC::1t 1 h,wc'\'i.'r. Tlw Str.'1nd
nl:;.) :lgr~c,:; thilt if tlw pl:i.nl1cd ~xlensjon 0( Vetcran~ 1\-lcmorial 1>:~rkw.::lY is ~~omplcred. tll,,;
rh~l~ing of lhc J~\'eloplIl\:nt of the units at Bosley PUD pUrSU[Ul( to the clmdillOl1 would Ill)
longer he: uppilc;.lblc. '\~:.Jin, "ow~ver, Tht: S~nd t:ndorc;es tht: bnd u:,c :md z()llin~ c(}mpOI1~l1t5
urlhe B()~lt:'y [)LD i!:) n.:qu(:str;;tl by the ;q1plt..c%rit .
. . ~.;;" T~11 SI/'allfl
.\ ~ "'.,.' ." I. A'"
Thl" Strand Cllmmunilv Assocj~lri()Il"" Agenda Item No. 17C
.. -. - --" ". ... -..-.... -" . --'---- ..... .-' .. --. -.-, May..~04----
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I Vo']11 \1~ pleased tt'; .m~nJ the meeting. of the Board of CDumy Commissloner<; II.) c:on51dt~r thc~
Bnsley PUO and addn:~s Jny c;ue:>lilm!:l th.:it the County Commissioners rrHlY have reEilrd:n~ Tht:
Stranu's support f()r th~ f3l)::;ky rUD. - -
Tha;)k you t()r your cOl;siJ..::-:lLilll1 in this matle;.
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Agenda Item No. 17C
May 25,2004
Page 105 of 147
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ORDINANCE NO. (}.l - -
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLiER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED
8630N: BY CHANGiNG THE ZONING CLASSIFlCATION OF THE
HEREIN DESCRiBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE BOSLEY PUD LOCATED APPROXIMATELY
ONE-QUARTER MiLE SOUTH OF THE INTERSECfION OF 1-75
AND lMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORiDA, CONSISTING OF
20.23 ACRES; AND BY PROVIDING AN EFFECfIVE DATE.
WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, Incorporated, representing
Benderson Development Company, Incorporated, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED hy the Board of County Commissioners of Collier
County, Florida, that:
SECfION ONE:
The zoning classification of the herein described real property located in Section 30, Township 48
South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned
Unit Development in accordance with the Bosley PUD Document, attached hereto as Exhibit "A" and the
Affordable Housing Density BonusAgreement attached hereto as Exhibit "B", both incorporated by
reference herein. The Official Zoning Atlas Map numbered 8630N, as described in Ordinance Number 91-
102, the Collier County Land Development Code, is hereby amended accordingly.
SECfION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _ day of .2004.
BOARD OF COUNTY COMMISSIONERS
COLLiER COUNTY, FLORIDA
ATTEST: BY:
DONNA FIALA, CHAIRMAN
D~GHTE.BROCK,CLERK
Approved as to Form
and Legal Sufficiency
Patrick G. White
Assistant County Attorney
('LlJZ,2003-AR -4575/FRlo
Page I of I Agenda Item No. 17C
May 25, 2004
Page 106 of 147
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TIlE BOSLEY PUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
~
PREPARED BY:
ROBERT L. DUANE, A.I.C.P.
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 2002121
AUGUST, 2003
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No.
Amendments & Repeals
.",,--
Agenda Item No. 17C
EXHIBIT "A" May 25,2004
Page 107 of 147
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TABLE OF CONTENTS
Page
SECTION I Statement of Compliance. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . ...3
SECTION II Property Ownership, Legal Description, Short Title and
Statement of Unified ControL.................. .. , .. . .. ...... ......... ................4
SECTION III Statement of Intent and Project Description. .. ... ......... . .. ...... ....... .. ...... ...5
SECTION IV General Development Regulations. .. .......... ... .. . ..... .... .. . ..... ......... . ......6
SECTION V Preserve Area Requirements........................................................ ..10
SECTION VI Permitted Uses and Dimensional Standards for Residential
Development... ...12
SECTION VII Development Commitments...................................................... ......14
EXHmITS
Exhibit A - PUD Master Plan
Agenda Item No. 17C
May 25, 2004
2 Page 108 of 147
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SECTION I
STATEMENT OF COMPLIANCE
The development of ::!:20.23 acres of property in Section 30, Township 48 South, Range 26 East
Collier County, Florida, as a Planned Unit Development to be known as the Bosley PUD, will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the Collier
County Growth Management Plan. The residential component of the project will be consistent with
the growth policies, land development regulations and applicable comprehensive planning objectives
of each of the elements of the Growth Management Plan for the following reasons:
1. The subject property is located in the Mixed Use District Urban Residential Subdistrict as
depicted on the Future Land Use Map. This subdistrict allows a base density of up to four (4)
dwelling units per gross acre for the subject property. In addition, a density bonus of three (3)
dwellings per gross acre is allowed for the subject property above the base density because it is
located in a Residential Density Band around Activity Center #4. The Future Land Use
Element ("FLUE") also allows up to an eight (8) dwelling unit per acre bonus for affordable
housing. The proposed density bonus of eight (8) dwelling units per acre can be found
consistent with the Collier County Growth Management Plan and the accompanying Affordable
Housing Density Bonus Agreement ("AHDBA") that support the application. Therefore, the
maximum allowable density will be fifteen (15) dwelling units per acre or 303 dwelling units on
the subject property's 20.23 acres. The project density of 303 dwelling units is consistent with
,- the FLUE of the Collier County Growth Management Plan.
2. The subject property's location in relation to the existing or proposed community facilities and
services supports the development's residential density as required in Objecti ve 2 of the FLUE.
3. The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the FLUE.
5. The proposed development will result in an efficient and economical extension of community
facilities and services as required in Policy 3.1. G of the FLUE.
6. The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
7. All final development orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance in Division
3.15 of the Land Development Code ("LDC") and further required by Policy 2.3 of the FLUE.
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Agenda Item No. 17C
May 25, 2004
3 Page 109 of 147
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SECTION II
PROPERTY OWNERSIDP, LEGAL DESCRIPTION, SHORT TITLE AND
STATEMENT OF UNIFIED CONTROL
2.1 PROPERTY OWNERSHIP
The Benderson 85-1 Trust, WR-I Associates and RB-3 Associates are owners of the subject
property.
2.2 LEGAL DESCRIPTION
The west one-half of the southwest one-quarter of the northeast one-quarter of Section 30,
Township 48 South, Range 26 East, Collier County, Florida.
2.3 GENERAL DESCRIPTION OF PROPERTY
The subject property is located one-quarter (1,4) mile south of the intersection of 1-75 and
Immokalee Road and comprises 20.23 acres.
Physical Description
The subject property is vacant at the time of the application for rezoning. This site currently
drains from the northeast to the southwest. Soil types on the site are Boca Fine Sand and
Hallandale Fine Sand. The property is located in Flood Zone X. The zoning classification
prior to the date of approval of this PUD was Rural Agricultural (A).
2.4 SHORT TITLE
This Ordinance shall be known and cited as the "Bosley Residential Planned Unit
Development Ordinance."
2.5 STATEMENT OF UNIFIED CONTROL
This statement represents that the current property owner has lands under unified control for
the purpose of obtaining PUD zoning on the subject property.
Agenda Item No. 17C
May 25,2004
4 Page 110 of 147
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SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code for
a residential PUD (LDC). The purpose of this document is to set forth guidelines for the
future development of the project that meet accepted planning principles and practices, and
to implement the Collier County Growth Management Plan.
3.2 PROJECT DESCRIPTION
The project contains 20.23 acres and includes land area for residential development of
workforce housing, preserve areas, water management areas, access, and areas for
recreational amenities. The maximum number of work force multi-family dwelling units
permitted is three hundred and three (303), or a gross residential density of fifteen (15)
dwelling units per acre.
Access will be provided through the Donovan Center PUD that is located immediately to the
west of the subject property that will provide access onto lmmokalee Road.
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3.3 LAND USE PLAN AND PROJECT PHASING
A. The PUD Master Plan provides for areas of residential use, water management areas,
and retained vegetation areas and road rights-of-way as depicted on Exhibit orA."
The PUD Master Plan is designed to be flexible with regard to the placement of
buildings, tracts and related utilities and water management facilities. More specific
commitments will be made at the time of Site Development Plan and permitting
approval, based on compliance with all applicable requirements of this Ordinance,
the LDC and local, state and federal permitting requirements. All tracts may be
combined or developed separately subject to compliance with the applicable
dimensional requirements contained within this document.
B. The anticipated time of build-out of the project is approximately four (4) years from
the time of issuance of the first building permit, or 2006. However, actual build-out
will depend on market conditions.
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Agenda Item No. 17C
May 25, 2004
5 Page 111 of 147
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SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied generally
to the development of the Bosley Planned Unit Development and Master Plan.
4.1 GENERAL
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Bosley PUD shall be in accordance with the
contents of this document, the PUD Planned Unit Development District and other
applicable sections and parts of the LDC and the Collier County Growth
Management Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements.
The developer, his successor or assignee, 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,
any successor in title or assignee is subject to the commitments within this
agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bosley PUD shall become part of the regulations that
govern the manner in which this site may be developed.
D. 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 LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development.
E. Unless specifically waived through any deviation, variance, or waiver provisions
of any other applicable regulations, the provisions of those regulations not
otherwise provided for within this PUD remain in full force and effect. In the
event of conflict between the provisions of this PUD and the LDC the provisions
of this PUD shall govern. Items not specifically stated in this PUD shall comply
with the provisions of the LDC.
F. The Developer, its successors and assigns, shall be responsible for the
commitments outlined in this document. These commitments will be enforced
through provisions agreed to be included in the declaration of covenants and
restrictions, or similar recorded instrument. Such provisions must be enforceable
by lot owners against the developer, its successors, and assigns, prior to the
development's last final subdivision acceptance. Agenda Item No. 17C
May 25,2004
6 Page 112 of 147
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4.2 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments of this document in effect at the
time of construction plan approval.
4.3 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with the applicable regulations in effect at
the time construction plans and plat approvals are requested. Easements dedicated to Collier
County shall be counted toward the County's open space and the retention of native
vegetation requirements.
4.4 AMENDMENTS TO THE ORDINANCE
The proposed PUD Master Plan is conceptual in nature and subject to change within the
- context of the development standards contained in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested.
4.5 PROJECT PLAN APPRO V AL REQUIREMENTS
Exhibit "A," the PUD Master Plan, constitutes the required PUD development plan.
Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required)
shall be submitted for the entire area covered by the PUD Master Plan. All division of
property and the development of the land shall be in compliance with the subdivision
regulations set forth in Division 3.2 of the LDC.
Prior to the recording of the final subdivision plat, (if required) by the subdivision
regulations set forth in Division 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to ensure
compliance with the PUD Master Plan, the County subdivision regulations and the platting
laws of tile State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable.
Should no subdivision of land occur, Section 3.3 shall be applicable to the development of
the PUD Master Plan.
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4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN ~ltem No. 17C
May 25, 2004
7 Page 113 of 147
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The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of
fill activities on buildable portions of the project site, there is a surplus of earthen material,
offsite disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development excavation"
pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed
ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic
yards.
B. A timetable to facilitate said removal shall be submitted to the Development Services
Director for approval. Said timetable shall include the length of time it will take to
complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 SUNSET AND MONITORING PROVISIONS
The Bosley Residential PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for
Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements.
4.8 POLLING PLACES
Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County
Land Development Code.
4.9 NATIVE VEGETATION
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the LDC for the subject property.
4.10 OPEN SPACE
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space
will be allocated within each subsequent development area. Open space may be in the form
oflandscaping, additional buffers, passive or active recreation areas and water management
facilities. The total aggregate of such open space areas shall meet or exceed the open space
requirements of Section 2.6.32 of the LDC.
4.11 ARCHAEOLOGICAL RESOURCES
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event such resources are contained on the property.
4.12 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of commo~,fJsiimet;t~6Patm
and water management facilities, shall be the responsibility of a homeownef5~<.XfatXOO~
Page 114 of 147
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be established by the developer.
4.13 SIGNAGE
All sign age shall be in accordance with Section 2.5 of the Collier County Land Development
Code, as applicable, except for the following deviation:
An off-site directional sign may be shared by the Bosley PUD and the residential component
of the Donovan Center PUD. If the Bosley PUD and the residential component of the
Donovan Center PUD are developed as a unified project, the maximum area of the sign shall
be 12 square feet. If the Bosley PUD and the residential component of the Donovan Center
PUD are developed as separate projects, the maximum area of the sign shall be 16 square
feet.
4.14 OFF STREET PARKING AND LOADING
All off street parking and loading facilities shall be in accordance with Division 2.3 of the
Collier County Land Development Code.
4.15 LANDSCAPING
- All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier
County Land Development Code, and perimeter landscaping shall be required in accordance
with LDC Section 2.4.7.
4.16 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bosley PUD except in
the Preservation Areas. General permitted uses are those uses which generally serve the
Developer and residents of the Bosley PUD and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, recreational facilities.
6. Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including necessary
.- access ways, parking areas, and related uses.
7. Landscape features including, bnt not limited to, landscap.e buffe~ berms,
fences, and walls subject to the standards set fOrt.lf.a~~ ~~3B~
PUD. 9 Page 115 of 147
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8. Any other use, which is comparable in nature with the foregoing use,
consistent with the permitted uses and purpose and intent statement of this
PUD, as determined by the Board of Zoning Appeals.
Agenda Item No. 17C
May 25, 2004
10 Page 116 of 147
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SECTION V
PRESERVE AREA REQUIREMENTS
5.1 PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", PUD Master Plan.
5.2 PERMITTED USES
The PUD Master Plan provides for :f:4.0 acres of preserve areas and a total of 4.6 acres of
preserve area will be provided at the time of site development plan approval. Minor
adjustments may be made to the boundaries of preserve areas based on wetland permitting
considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following structures:
A. Permitted Principal Uses and Structures:
1. Passive recreation areas.
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2. Biking, hiking, nature trails, boardwalks, and shelters.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the
Preserve Areas, after the appropriate environmental review.
B. Any other use, which is comparable in nature with the foregoing uses, consistent
with the permitted uses and purpose and intent statement of this PUD, as determined
by the Board of Zoning Appeals.
5.3 DEVELOPMENT STANDARDS
A. Principle structures shall be required to be set back twenty-five (25) feet from
preserve areas.
B. LDC Section 3.9.5.5.6.4. requires that Aaccessory structures shall be set back ten
(10) feet from preserve areas, and there shall be no site alternations within the first
ten (10) feet adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve (i.e. Fill may be approved to be placed
,,- within ten (10) feet of the upland preserve but may not be approved to be placed
within ten (10) feet of a wetland preserve, unless it can be demonstrated that it will
not negatively impact that wetland). Agenda Item No. 17C
May 25, 2004
11 Page 117 of 147
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C. Maximum height of accessory structures is fifteen (15) feet.
D. This PUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
E. This PUD shall comply with the guidelines of the United States Fish and Wildlife
Service (USFWS) and the Florida Fish and Wildlife Conservation Commission
(FWC), or with the Land Development Code requirements for listed species at the
time of site development plan approval. A habitat management plan for those
species shall be submitted to environmental review staff for review and approval
prior to site plan approval.
F. In the event the project does not require platting, all conservation areas shall be
recorded as conservation/preservation tracts or easements dedicated to the project's
homeowners association or like entity for ownership and maintenance responsibility
and to Collier County with no responsibility for maintenance.
G. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual removal
of these plants (in perpetuity) shall be the responsibility of the property owner.
H. A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species.
1. At the time of development order submittal, a recreation plan will be submitted for
all preserve areas that do not qualify as viable functioning habitats as defined in the
County GMP.
Agenda Item No. 17C
May 25, 2004
12 Page 118 of 147
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SECTION VI
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL
DEVELOPMENT
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Bosley Residential PUD designated for residential development on the PUD
Master Plan, Exhibit "A."
6.2 MAXIMUM DWELLING UNITS
A maximum of three hundred and three (303) dwelling units are permitted on the subject
property. Dwelling units will be multifamily work force housing units.
A maximum of 180 dwelling units are permitted within one year of approval of the Bosley
PUD. The remaining 123 dwelling units are permitted one year after the approval of the
Bosley PUD. This phasing plan shall not be applicable upon the completion of the
lmmokalee Road six-lane construction adjacent to Strand Boulevard, or upon the completion
of construction of the east-west segment of Livingston Road (Veterans' Parkway) from the
Strand PUD to the north-south segment of Livingston Road, whichever occurs first.
6.3 GENERAL DESCRIPTION
The approximate locations of residential areas are depicted on the PUD Master Plan. The
PUD Master Plan also depicts preserve areas, water management areas, and an access to the
subject property. Actual acreage of all development tracts will be provided at the time of site
development plan or final subdivision plat approval in accordance with Article 3, Division
3.3, and Division 3.2, respectively, of the Collier County Land Development Code.
Residential areas are designed to accommodate internal roadways, open spaces, recreational
amenity areas including a club house, water management facilities, and other similar uses
typically found in residential areas.
6.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Multi-family dwellings, including garden apartments
2. Any other housing type, which is comparable in nature with the foregoing
uses consistent with the permitted uses and purpose and intent statement of
this PUD, as determined by the Board of Zoning Appeals.
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B. Accessory Uses and Structures
Agenda Item No. 17C
May 25, 2004
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I. Accessory uses and structures customarily associated with principal
residential uses permitted in this PUD, including recreational facilities,
maintenance facilities, and a clubhouse
2. Any other housing type, which is comparable in nature with the foregoing
uses consistent with the permitted uses and purpose and intent statement of
this PUD, as determined by the Board of Zoning Appeals.
6.5 DEVELOPMENT STANDARDS
The permitted uses and standards for multi-family dwellings are as follows:
I. Minimum Lot Areas - 1 acre
2. Minimum Lot Width -150 feet
3. Front Yard - 20 feet
4. Side Yard - one-half of the building height
5. Rear Yard Principal - 20 feet
6. Rear Yard Accessory - 10 feet
7. Maximum Building Height Principal Structures - 4 stories for a maximum height of
45 feet *
8. Minimum Distance Between Structures - one-half of the building height
9. Floor Area Minimum - 600 SF
10. Minimum setback Principal Structures from preserve boundary - 25 feet
1I. Minimum setback Accessory Structures and all other site alterations from preserve
boundary - 10 feet
12. LDC Section 3.9.5.5.6.4. requires that accessory structures shall be set back ten (10)
feet from preserve areas and there shall be no site alternations within the first ten (10)
feet adjacent to any preserve unless it can be demonstrated that it will not adversely
impact the integrity of that preserve (i.e. Fill may be approved to be placed within ten
(10) feet of the upland preserve but may not be approved to be placed within ten (10)
feet of a wetland preserve, unless it can be demonstrated that it will not negatively
impact that wetland).
* Maximum height accessory structures twenty-five (25) feet.
Agenda Item No. 17C
May 25,2004
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Agenda Item No. 17C
15 May 25, 2004
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SECTION VII
DEVELOPMENT COMMITMENTS
7.1 ENVIRONMENTAL STANDARDS
The purpose of this Section is to set forth the environmental commitments of the project
developer.
A. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open
space (i.e., lakes and golf courses) and passive recreational uses only. Vegetated
preserve areas may be reconfigured provided all other applicable requirements of this
Ordinance arc met. All preservation areas shall be designated as Preservation Tracts
or easements on all construction plans and shall be recorded with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Any perimeter
berm or wall shall be entirely outside of all upland and wetland preserve areas.
B. All approved agency (South Florida Water Management District [SFWMD }, United
States Army Corps of Engineers [ACOE], FWC) permits shall be submitted prior to
final site plan/construction plan approval.
C. Native vegetation preservation shall conform to the requirements of Subsection
3.9.5.5.3 of the Collier County LDC. For this PUD, a minimum of 4.6 acres of
native vegetation shall be retained on site at the time of site development plan
approval.
D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the
site, with emphasis on the Preservation Area, shall be submitted to the Environmental
Review Staff for review and approval prior to final site plan/construction approval.
A schedule for exotic removal within all Preservation Areas shall be submitted with
the above-mentioned plan.
E. This PUD shall comply with the guidelines and recommendations of the USFWS
and the FWC regarding potential impacts to protected wildlife species. Where
protected species are observed on site, a habitat management plan for these protected
species shall be submitted to Environmental Review Staff for review and approval
prior to final site plan/construction approval.
F. The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals to which said regulations relate.
7.2 TRANSPORTATION REQUIREMENTS
The purpose of this Section is to set forth the transportation commitments of the project
development.
Agenda Item No. 17C
May 25, 2004
16 Page 122 of 147
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A. All traffic control devises, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FOOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Unifonn Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the
collier County Land Development Code (LDC).
B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any
such facilities.
C. Adjacent developments have been designed to provide shared access or
interconnections with this development. The PUD Master Plan indicates these
locations. The developer, or assignees, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access by
incorporating appropriate language into the development covenants or plat.
7.3 UTll..ITY REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitments of the
,,,-., project developer.
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
2001-57, as amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a
position to provide sewer service to the project, the sewer customers shall be
customers of the interim utility established to serve the project until the County's off-
site sewer facilities are available to serve the project.
C. Sidewalks shall be provided in accordance with the requirement of LDC Section
3.3.7.1.9.13.
7.4 ENGINEERING REQUIREMENTS
A. Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be
issued unless detailed paving, grading, site drainage and utility plans are submitted
and until approval of the proposed construction, in accordance with the submitted
.- plans, is granted by the Development Services Department.
B. A copy of the SFWMD Surface Water Management Permi~dta dteaiJvbl:bb~ ~
Development Services staff prior to any construction drawing appr<Nib'.25, 2004
17 age 123 of 147
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C. Subdivision of the site shall require platting in accordance with Section 3.2 of the
LDC to define the right-of-way and tracts shown on the PUD Master Plan.
D. The developer and all subsequent owners of this project shall be required to satisfy
the requirements of all County Ordinances or Codes in effect prior to or concurrent
with any subsequent development order relating to this site, including but not limited
to preliminary subdivision plat, site development plan and any other applications that
will result in the issuance of a final development order.
7.5 WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the project
developer.
A. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or
abutting property lines, with side, rear or abutting property lines fenced.
B. Landscaping may be placed within the water management area in accordance with
the criteria established within Section 2.4.7.3 of the LDC.
C. The wet season water table elevation shall be established at the time of South Florida
Water Management District (SFWMD) permitting, which is required for the subject
property.
D. A surface water management permit must be obtained from the SFWMD prior to
any subdivision or site plan approval.
7.6 WORK FORCE HOUSING
The purpose of this Section is to set forth the commitments for work force housing, which
are further set forth in the Mfordable Housing Density Bonus Agreement.
Should the number of work force housing units be less than 303 dwelling units, the
percentage of affordable housing units to be provided will be the same percentage of low
income, very low income, and very-very low income, as set forth in the Mfordable Housing
Density Bonus Agreement.
7.7 PARKS
Within 120 days of notification by the Parks and Recreation Department Director, the
developer shall install a pedestrian connection to the North Naples Regional Park.
Agenda Item No. 17C
May 25, 2004
18 Page 124 of 147
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_. AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of , 2004. by and
between Benderson 85-1 Trust, WR-'. Associates, Ltd, RB-3 Associates, and/or their
successors (the "Developer") and the Collier County Board of County Commissioners
(the "Commission"), collectively, the .Parties."
RECITALS:
A. The Developer is the owner of a tract of real property described as (See
attached Leaal Descriotion) in Collier County, Florida (The .Property") The legal and
equitable owners include Benderson 85-1 Trust, WR-I Associates. Ltd., and RB-3
Associates. It is the Developer's intent to construct a maximum of up to 303 residential
units (the "Units") at a density of 15 units per gross acre on the Property. The gross
acreage of Property is 20.23 acres. The number of affordable Units constructed by
Developer shall be up to 303, representing 100 percent of the total number of
residential Units in the development. However, the developer in accordance with
- Section 7.6 of the Bosley PUD Ordinance may construct a lesser number of dwelling
units provided the same percentage of low income, very low income, and very-very low
income housing units are developed.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, ~ 3, as
Land Development Code (LDC) ~ 2.7.7., which density bonus can only be granted by
the Commission and utilized by the developer in accordance with the strict limitations
and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 162 bonus Units on the Property, if the Developer agrees
to construct affordable Units as specified in this Agreement and the Developer
covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, in consideration of the approval and granting of the density
bonus of 8.0 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
.,,-. hereby covenant and agree as follows:
Agenda Item No. 17C
May 25, 2004
Page 1 of 1 Page 125 of 147
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1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that it shall
construct up to 303 affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, B, and G, which Appendix is incorporated by reference herein and
constitutes a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1 ) Defined terms: In the event of a conflict between terms as defined in the
LDG or in Ordinance No. 90-89, Section 4, the definitions of the LDG will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDG ~ 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series
of starts and finishes that are separate and distinct within the development.
(2) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be increased each year from the date of this Agreement as long as the rent
does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then applicable
median adjusted gross annual income for the household as published annually by the
U.S. Department of Housing and Urban Development for the area defined as the
Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
(3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
G, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceasfs to
Agenda tern No. 17C
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.-
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(4) Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective tenant; 2) verification
of family housing unit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section.
The Developer shall be responsible for qualifying tenants by accepting
applications from tenants, verifying income and obtaining income certification for all
affordable units in the subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the Housing and Urban
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LDC ~~
2.7.7.5. and 2.7.7.6., respectively.
- (a) Application. A potential tenant shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable
housing density bonus program. The Preliminary Application for Affordable Housing
Unit shall be provided by the Housing and Urban Improvement Director as shown in
Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference
herein.
(b~ncome Verification and Certification. No affordable housing Unit in the
development shall be rented to a tenant whose household income has not been verified
and certified in accordance with this Agreement and Ordinance No. 90-89, as amended,
as a low or very low income family. Tenant income verification and certification shall be
repeated annually to assure continued eligibility.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, if attached to the Affordable Housing Applicant Income
.- Verification form, which includes a statement to release information, tenant verification
of the return, and a signature block with the date of application. The verificationcfch,1I be
Agen a tern No. 17C
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....~-,- .- _0._._'.__
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period,
the information may be verbally updated from the original sources for an additional 30
days, provided it has been documented by the person preparing the original verification.
After this time, a new verification form must be completed. The Affordable Housing
Applicant Income Verification form shall be provided by the Housing and Urban
Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement
and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Pteliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
tenant (including the entire household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant
has a low or very low household income which qualifies the potential occupant as an
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit C, attached to this Agreement and incorporated by reference
herein.
(e) Rental Agreement. At a minimum, the rental agreement shall include the
following:
(i) name, address, and telephone number of the head of household and all
other occupants;
(ii) a description of the unit to be rented;
(iii) the term of the lease;
(iv) the rental amount;
(v) the use of the premises;
(vi) monitoring and enforcement provisions, including disqualification of
tenant; and
(vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
may be conducted by the Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing and Urban Improvement Director or his
designee, then such tenant shall be required to vacate the affordable unit. If tenant
vacation of the affordable unit is the result of an error, omission or misrepresentation
made by Developer, tenant shall vacate the affordable unit within thirty (30) days and
Developer shall pay penalties as provided by the monitoring and enforcement program.
Agenda Item No. 17C
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.-
If tenant vacation of the affordable unit is the result of a misrepresentation made by the
tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as
provided by the monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of their
construction, rental and occupancy. The annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or
before September 30 of each year and the report shall be submitted by the Developer
to the Housing and Urban Improvement Director. Failure to complete and submit the
monitoring report to the Housing and Urban Improvement Director within sixty (60) days
from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a
written extension not to exceed thirty (30) days is requested prior to expiration of the
sixty (60) day submission deadline. No more than one such extension may be granted
.- in a single year.
(7) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus, in addition to
the base residential density of 7 units per acre, and is therefore granted a density bonus
of 8 density bonus units per acre, for a total (total = density bonus units per acre X
gross acreage) of 162 density bonus units, pursuant to Collier County Affordable
Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the
Developer may construct thereon, in the aggregate a maximum number of up to 303
units on the Property provided the Developer is able to secure building permit(s) from
Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
,,~, which are applicable to the affordable Unit.
5. Violations and Enforcement
Agenda Item No. 17C
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--, .---. .-...-
a. Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the HOllsing and Urban Improvement Director or
by any other persons pursuant to the authority which is delegated to them by the
Ordi nance.
Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by
law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement that should be
enforced before the Code Enforcement Board, then a Notice of Violation shall be issued
and sent by the Housing and Urban Improvement Director by certified return,receipt
requested U.S. Mail, or hand-delivery to the person or developer in violation of the
Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the
Housing and Urban Improvement Director or such other County personnel as may be
authorized by the Board of County Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or with Ordinance No.
90-89, as amended, at the option of the Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with Ordinance No. 90-89, as amended.
6. Assignment by Commission. The Director of the Collier County
Department of Financial Administration and Housing may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer ~I or Part ?f its
gen a tern No. 17C
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-
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Director of the Collier County
Department of Financial Administration and Housing, which consent may be withheld
for any reason whatsoever. Any attempt to assign the duties, obligations, or promises
under this Agreement to any successor in interest to the Property without the express
written consent of the Director of the Collier County Department of Financial
Administration and Housing as required by this Section shall be void ab initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and all
other provisions shall remain effective and binding on the parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the parties at the following addresses:
To the Commission:Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
_.
To the Developer: Benderson 85-1 Trust
RB-3 Associates
WR-I Associates, Ltd.
8441 Cooper Creek Boulevard
University Park, Florida 34201
Any party may change the address to which notices are to be sent by notifying the other
party of such new address in the manner set forth above.
9. Authority to Monitor. The parties hereto acknowledge that the Director of
Collier County Housing and Urban Improvement or his designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
.- shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then havin~~A~'l!t3lteWh No. 17C
Page 7 of 23 May 25, 2004
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interest at any time and from time to time until this Agreement is terminated in
accordance with Section 14 below. However, the parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agre'3ment shall be recorded at Developer's expense in
the official records of Collier County, Florida.
13. Entire Agreement. The parties hereto agree that this Agreement
constitutes the entire Agreement between the parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the type of affordable housing rental unit (low or very low income)
designated in accordance with this Agreement for at least fifteen (15) years from the
date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this
Agreement may terminate upon a date mutually agreed upon by the parties and stated
in writing.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any tenant or potential tenant because of said tenants race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, rents, sells or maintains the
affordable housing unit, it must advertise, rent, sell, and maintain the same in a non,
discriminatory manner and shall make available any relevant information to any person
who is interested in renting or purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the rental or purchase of affordable units.
e. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for
market rate units and affordable units. For developments where conAtruction tnkes
genda tern No. 17C
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.-
place in more than one phase, all physical amenities as described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus shall be
the same in both the market rate units and the affordable units in each phase. Units in a
subsequent phase may contain different amenities than units in a previous phase so
long as the amenities for market rate units and affordable units are the same within
each phase and provided that in no event may a market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable housing units for this project, with 100
percent of the units in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential tenant, buyer or lender of the particular affordable housing unit or units, which
units in the development are designated as affordable housing units.
-. 19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the amount
of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from development agreements as
defined by Chapter 163.3220, Fla. Stat. (1989) and as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Director the Developer Application for Affordable housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
,,_. agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to J...ny document
genda Item No. 17C
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_..~-- _.._~ "-"_._., -_....".~.__._--
requested by the Developer to exhibit that this Agreement has terminated in accordance
with the provisions of paragraph 14 above.
Agenda Item No. 17C
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_.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Donna Fiala, Chairman
Approved as to form and legal sufficiency:
Patrick G. White
Assistant County Attorney
DEVELOPER: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd.
By:
.-
Witnesses: (PRINT AND SIGN NAMES BELOW)
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
WITNESS my hand and official seal this day of ,
2003.
Notary Public
My Commission Expires:
-
Agenda Item No. 17C
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-. -.. ~ _~_o " ,-- -
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSfMONTHL Y BASE RENTS
NUMBER OF UNITS BASE RENT
Singlc Multi Singlc Multi
Family F ami! y Family Family
LOW INCOME (60% MI)
Efficiency - - -
1 Bedroom - - -
Max Rent Utility Allow. Net Rent
2 Bedroom - ~ ($942.00 ' $82.00 = $860.(0)
3 Bedroom - ~ ($1089.00 ' $119.00 = $970.(0)
. 4 Bcdroom - - -
TOTAL - -.ill..-
VERY LOW INCOME (50% MI)
Efficiency - -
I Bedroom
2 Bedroom - ~ ($785.00 ' $82.00 = $703.(0)
3 Bedroom -12- ($907.00 ' $119.00 = $788.(0)
4 Bedroom
TOTAL -1lL
VERY-VERY LOW INCOME (40% MI)
Efficiency - -
1 Bedroom - -
2 Bedroom - 10
3 Bedroom -L ($628.00 ' $82.00 = $546.(0)
4 Bedroom ($726.00 - $119.00 = $607.(0)
TOTAL 15
(1) Base residential density allowed in this development 7 units/acre.
(2) Gross acreage 20.23.
(3) Maximum number of affordable housing density bonus units allowcd in this
development pursuant to Section 7 Ordinance 90,89. 162 units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 15 units/acrc.
(5) Percentage of affordable units pledged by the dcveloper (as a percent of the total
number units in the development) 100 o/c.
Agenda Item No. 17C
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...--. APPENDIX A. EXHmIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers
pledging to construct affordable units within their development. Included in this Exhibit B arc
instructions for and the tables with which to calculate the density bonus for a particular project.
Exhibit C contains the current median income and acceptable rents for low and very low income
households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner,occupied or rental, single-family or multi-family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Board of County Commissioners or its designee.
First, choosc the household income level (moderate, low, or very low) of the affordable
housing unit(s) proposed in the development, and the type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, refening again to Table A, choose the number of bedrooms proposed
for the affordable housing unites). An affordablc housing density bonus rating based on the
household income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Tablc A, locate it
in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
.- determination, Table B will indicate the maximum number of residential dwelling units per gross
acre that may be added to the base density. These additional residential dwelling units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1I1Oth of a residential dwelling unit per gross acre for each
additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwelling units as affordable housing units, and
which has an affordable housing density bonus rating of "four" will receive an affordable housing
density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. After the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to determine the maximum affordable housing density bonus available for the
development. In no event shall the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
.-
Agenda Item No. 17C
Page 13 0123 May 25, 2004
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..-
APPENDIX A, EXHmIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary .
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMS/UNIT
OF HOUSEHOLD
INCOME EFFICIENCY 2 30R
AND 1 - MORE
MODERATE (OWNER,OCCUPIED, 0 1* 1*
SINGLE,FAMIL Y)
LOW (OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE,FAMILY OR MULTI,
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE,FAMILY OR
MULTI,FAMILY) 3 4 5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Density Bonus: 3:3 for 69 two-bedroom units 4:2 for 68 three-bedroom units, 4:8 for 86 very
low two-bedroom units, and 5:6 for 80 three-bedroom units. Total bonus density of 17.9
equates to a density bonus of 8 dwelling units per acre.
Agenda Item No. 17C
Page 1~ 0123 May 25, 2004
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-,
APPENDIX A. EXHffiIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
Decembcr 16, 1992, modcrate incomc is 61 % to 80% of thc median incomc, low incomc is 51 %
to 60% of the median income and very low income is less than 50% of the median income.
MEDIAN INCOME ZOO!
$65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN F AMIL Y
! 1 J ~ ~ ~ 1 ~
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Inccntivc Loan (SAIL) and thc Low-Income Rcnta1 Housing Tax Credit (LIHTC) programs.
The rents given below are based on 2001 data from FHFC. Utility costs are provided from the
.- County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 1,218 1,462 1,690 1,884
80% 975 1,170 1,351 1 ,507
60% 731 877 1,014 1,131
50% 609 731 845 942
35% 426 511 591 659
25% 304 365 422 471
UTILITY ALLOWANCES
ONE BIR TWOBIR THREEBIR FOUR BIR
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS.
-
fldensitybonuslinc&rent rev. 410 1
Agenda Item No. 17C
Page 150123 May 25, 2004
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_0,-- ~_..,,--,._,. ,._...'"._~-
APPENDIX B. EXIllBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desircd: Datc of Application: AmI. Of Sec. Deposit:_
Your Name: RacelNational Origin: Handicap: Yes _ No_
Co-Tenant Name RacelNational Origin: Handicap: Ycs _ No_
Present Address:
S tree t City State Zip Telephone No.
Name of Landlord How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone
No.
How long with Present Employer: Job
Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $
Social Security Number Birth Date _n
Previous Employers Name
Address and Telephone
No.
How long with Previous Employer Job Title
CO- TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer _ __ Job Title Agenda Item No. 17C
Page 16 ..' 23 May 25, 2004
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- NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SEl-"'URITY
1. --
2. --
3. --
PERSONAL REFERENCES (Not Relatives)
1. Name: Address: How Long Known:
2. Name: Address: How Long Known:
"-,,
.-
Agenda Item No. 17C
Page 17 of 23 May 25, 2004
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""_0-'." ....~."._ -,. ._"-
APPENDIX B. EXlllBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name: Social Security Number
Co-Tenant's Name: : Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for an apartment at Apartments.
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
detern'1ine my qualification to rcntlbuy an affordablc housing unit. I undcrstand that I am not
required to surrcnder my ownership or rights or claimed property, pensions or capital gains, etc.
AppliCBnt Co- Tenant
Amount Frequcncy Amount Frequency
Received of Pay Received of Pay
Wagcs/Salary $ $ $- $
Bonuses $ $ $- $
Tips $ $ $- $
Commissions $ $ $- $
Interest Incomc S $ $- $
Trust Fund Income $ $ $- $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $- $
Food Stamps $ $- $- $
Social Security $ $ $- $
Social Security Disability $ $ $- $
Supplemental SSI $ $ $- $
Family Assistancc $ $ $- $
Child Support $ $ $- $
Veterans Benefits $ $ $- $
Widows Benefits $ $ $- $
Union Pension $ $ $- $
Self-Employment Business,
Silent Partner, etc. $ $- $- $
Private Insurance Pension $ $ $- $
TOTAL ANNUAL INCOME $ $
THE VERlFICA nON HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUpy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUlED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
IN AFFORDABLE HOUSING UNIT.
Agenda Item No. 17C
Page 18 of 23 May 25,2004
C:\AdLib eXpresslWork\rad1 B682.tmp.doc Page 142 of 147
.-
APPENDIX B. EXmBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
APPLICANT:
Present Employer. Job Title:
Address:
Street City State Zip
I, , hereby authorize the release of information requested
(Applicant)
on this verification form.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this day of ,2001.
Notary Public
My Commission Expires:
-
EMPLOYER VERIFICA nON
Applicant's Gross Annuallncome or Rate or Pay: $
Number of Hours Worked (WeekJy):_. Frcquency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this day of , 200 1.
Notary Public
My Commission Expires:
TIrE VERIFICATION HERE REQUESTED MAY TAKE TIrE FORM OF TIrE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS Fll...ED AND WILL OCcupy THE
- AFFORDABLE UNIT.
Agenda Item No. 17C
Page 19 of 23 May 25, 2004
C:\AdLib eXpress\Work\rad1 B682.tmp.doc Page 143 of 147
,- "'..--.---
APPENDIX C
DEVELOPER APPLlCA nON FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance
No. 90-89, Section 6.4, please complete this form and submit it with any accompanying
documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida
34104. A copy must also be provided to the Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant, if any, on the property and
the acreage of each;
20.23 acres of PUD zoning is proposed on now agricultural zoned properly
2. Has an application for rezoning becn requcsted in conjunction with the affordable housing
Density bonus?
XX Ycs No
If yes, state date of application July/2003 and if the request has been approved, state the Ordinance
numbcr
3. Gross density of the proposed development. IS units/acre.
Gross acreage of thc proposed developmcnt. 20.23 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit dcvelopment (PUD)? _XX_ Ycs No.
If yes, please state name and location of the PUD and any other identifying information.
The Bosley PUD is proposed for a multi-family affordable housing proiect located south of
Immokalee Road and west of 1-75. Section 30, Range 26 East and Township 48
South.
5. Name of applicant Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates. Ltd.
Name ofland developer if not the same as Applicant: Benderson 85-1 Trust, RB-3
Associates, and WR-I Associates, Ltd.
Agenda Item No. 17C
Page 20 of 23 May 25,2004
C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 144 of 147
...-
6. Pleasc complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development
Type of Owner
Unit Rental Occupied
Efficiency
One Bedroom
Two Bedroom 155
Three Bedroom 148
Other Bedroom
TOTAL 303
TABLE n Number of Affordable Housing Units
Total Number of Proposed Use for
Affordable Units Dcnsity Bonus Units
in Developmcnt
Owner Owner
Rental Occupied Rental Occuoied
,.-. MODERATE INCOME (80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
I Bedroom -
2 Bedroom 69
3 Bedroom 68
Other
TOTAL 137 -
_.
Agenda Item No. 17C
Page 21 0123 May 25, 2004
C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 145 of 147
-..-.--....--..""-. -~-~
Total Number of Proposcd Use for
Affordable Units Density Bonus
in Development Units
Rental Owner Rental Owner
Occupied Occupied
VERY LOW INCOME (50% MI)
Efficiency
I Bedroom
2 Bedroom 76
3 Bedroom 75
Other
TOTAL .-flL.
Total Number of Proposed Use for
Affordable Units Density Bonus
in Development Units
Rental Owner Rental Owner
Occupied Occupied
VERY-VERY LOW INCOME (40% MI)
Efficiency
1 Bedroom
2 Bedroom 10
3 Bedroom 5
Other
TOTAL -1L
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low income) and by number of bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring);
window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator;
bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach
additional pages. (See attachment.)
8. Please supply any other information which would reasonably be needed to address this request
for an affordable housing density bonus for this development. Attach additional pages.
Agenda Item No. 17C
Page 22 23 May 25. 2004
C:\AdLib eXpresslWorklrad1 B682.tmp.do Page 146 of 147
.- Summer Lakes Apartment Phase II and III
The proposed development will incorporate a variety of design features and physical amenities
that will ensure that the residents will be provided a safe, comfortable and energy efficient living
environment. The design featurcs and physical amenities will contributc to an enhanced and
improved quality of life for all those who choose to call Summer Lakes their home. In addition,
the community will meet all building codes, Fair Housing Act and Americans with Disabilities
Act Requirements.
The proposed development will consist of a newly constructed apartment community. The
development will consist of up to 303 apartment homes constructed in eithcr one or two phases
on approximately 20 acres. The property location is at the southwest corncr of thc intersection
of Immokalee Road and 1-75 in Napes, FL. The buildings will be a maximum height of four
stories or 45 feet garden style. One building will house the clubhouse, which will include our
management office, resident service coordinator, rcsident activities, and community services.
with recreational amenities and a pool.
Project amenities will include a custom designed outdoor pool, volleyball court, tot
lot/playground, gazebo/picnic area, exercise room with appropriate equipment, computer room,
adequate parking and attractive landscaping.
Unit amenities will include wall-to-wall carpct, mini blinds, cciling fans in all living and
bedroom areas, full size range, dishwasher, refrigerator, garbage disposal, cable TV hookup and
central air. The apartments will also have adequate space and hook-ups for full size washer and
dryers. The apartment homes are spacious as the two bedrooms are approximately 1,073 square
feet and the three bedrooms are approximately 1,250 square feet. All units will have two full
baths.
It is anticipated that the community will offer several social services at no charge to the resident.
.-
.-
Agenda Item No. 17C
Page 23 of 23 May 25, 2004
C:\AdLib eXpresslWorklradl B682.tmp.doc Page 147 of 147
-
EXECUTIVE SUMMARY
CU-2003-AR-4249, Mark Perry, representing Kenmark Construction, Inc. requests
Conditional Use # 9 of the Estates Zoning District for the purpose of a model home sales
center. The property to be considered for the Conditional Use is located at 1010 39th Street
S.W. being located just east of Collier Boulevard approximately 1,300 feet south of the White
Boulevard and 39th Street S.W intersection, which is Unit 27 North, North 180 feet of Tract
153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County,
Florida. This property consists of 2.85 acres.
OBJECTIVE:
Staff is requesting that the Board of Zoning Appeals review staffs findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the
above referenced Conditional Use petition and render a decision regarding the petition to be
consistent with the Growth Management Plan, compatible with the Land Development Code, and in
the best interest of the surrounding community.
/-
CONSIDERATIONS:
The petitioner seeks Conditional Use # 9 of the Estates (E) zoning district for a model home sales
center for an additional 5 years. A temporary use permit was issued to Kenmark Construction, Inc.
in 1999 for a model home for a two-year period. The "Certificate of Occupancy" was issued on June
30, 2000. The Temporary Use Permit for the model home expired on June 30, 2002. This
Temporary Use Permit was administratively given an additional year by the County to bring this
Temporary Use Permit into compliance with an amendment in the Land Development Code which
limited Temporary Use Permits to a three-year period. The petitioner submitted this application for a
Conditional Use on June 6, 2003. The petitioner now seeks a Conditional Use for a model home and
sales center for a period of five years. As depicted on the site plan, the subject property is mostly
wooded, while the access to the model home and parking area is from 39th S1. S.W.
FISCAL IMPACT:
The county collected the impact fees at the time the building permit (#99090153) was applied for.
No additional impact fees will be due. -
.-
Agenda Item No. 17D
Page 1 of 2 May 25, 2004
Page 1 of 29
~'.."''''''''~~.''''.'''~'''-~',,,,,,,,,",-- ,-.,.,.-... "_..~.,--"---.._~"''''-_..~, , ."..~. ...".~,."",,,..,.~,,,_...._,.,,....,,IO" """'-"~""""""'<<'__."''''''''''''.N'' ".",...,..,..,.....,..,...,~.'-"''' '_'"'0-"___
GROWTH MANAGEMENT IMPACT:
Approval of this Conditional Use will not affect or change the requirements of the Growth
Management Plan. The petitioner's request is consistent with the intent of the Locational Criteria for
a Conditional Use of Model Home Sales Centers in the Estates-Mixed Use District of the Golden
Gate Area Master Plan (GGAMP).
ENVIRONMENTAL ISSUES:
The environmental staff s analysis indicates that the subject property consists of no significant
environmental conditions. There are no environmental issues associated with the project.
HISTORICI 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 surveyor waiver of Historic and Archaeological Survey & Assessment is required.
~,......"
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council did not review this petition based upon the fact that this
property will not be developing any further than what had been previously approved.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the May 6, 2004, CCPe meeting. The Commission motioned to forward
petition CU-2003-AR-4249 with a recommendation of approval, subject to the conditions attached to
the resolution, which included limiting the conditional use to 2 years from the approval date of this
application by the Board of County Commissioners. The purpose of this recommendation is to allow
time for the staff to review the intent of "Temporary Uses and Model Homes" in the GGAMP. The
motion passed 7 - O. Because the CCPC has recommended a unanimous approval, and no letters,
petitions, or persons have voiced their opposition with this petition, this petition has been placed on
the Summary Agenda.
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
RECOMMENDATION:
Staff has recommended approval subject to the conditions attached to the Resolution.
>H.....
Executive summary/CU-2003-AR-4249
Agenda Item No. 170
Page 2 of 2 May 25, 2004
Page 2 of 29
.'W_"'"_.'~''~''' ~""""""",.._..L___
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number 17D
Item Summary This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU-2003-AR-4249, Mark Perry,
representing Kenmark Construction, Inc. requests Conditional Use # 9 of the
Estates Zoning District for the purpose of a model home sales center. The
property to be considered for the Conditional Use is located at 1010 39th Street
S.W. being located just east of Collier Boulevard approximately 1,300 feet south
of the White Boulevard and 39th Street S.W intersection, which is Unit 27 North,
North 180 feet of Tract 153. Golden Gate Estates, in Section 14, Township 49
SOUlll. Range 26 East, Collier County, Florida. This property consists of 2.85
acres.
Meeting Date 5125/20049:00:00 AM
Prepared By
Michael J. DeRunlz Principal Planner
Community Development & Zoning & Land Development Review
Environmental Services
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5112i2004 4:28 PM
Apprond By
.- Michael J. DeRunlz Principal Planner Date
Community Development & Zoning & Land Development Review
Environmental Services 5/12i200410:14 AM
Approved By
Susan Murray, AICP Zoning & Land Development Director Date
Community Development & Zoning & Land Development Review 5/13/2004 10:43 AM
Environmental Services
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. S/1312004 3:32 PM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14/20049:19 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/20042:44 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/17/2004 5:59 PM
,- Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/18120046:08 PM
~genaa nem No. I (D
May 25, 2004
Page 3 of 29
H._ .~ -_._. ... -_..-
, .-
\...AJJ..I. ,eT \...AJUnty AUcNiJA HhM IS-A
- '-~ ~
ST AFF REPORT
COLI,IER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES,
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REV1EW
DATE: APRIL 1 ~" 2004
SUBJECT: PETITION CU-2oo3-AR-4249
PROPERTY OWNER/AGENT:
OWNER: Kenmark Construction, Inc.
1700 Santa Barbara Blvd.
Naples, FL 34116
i AGENT: Mark Perry
: Kenmark Construction, Inc.
1700 Santa Barbara Blvd.
Naples, FL 34116
REQUESTED ACTION:.
To have the Collier County Planning Commission consider an application for Con:litional Use
a.pproval in order to contillue the operation ofa model home in accordance with the requirements
of Section 2.2.3.3.9 ofthf Collier County Land Development Code (LDC).
GEOGRAPmC LOCATION:
The subject property is lccated on 39th Street S.W., just east of Collier Boulevard approximately
1,300 feet south of the White Boulevard and 39th Street S.W intersection. It is further described
as Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section 14, Township 49
South, Range 26 East, Collier County, Florida (See Location Map, Exhibit 1). Thl~ address of
this property is 1010 39th 5t. S.W.
Agenda Item No. 170
CU-2003-AR~249 ccpe MTG. 516104 page~Y 25,2004
age 4 of 29
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LOCA TION MAP SITE MAP ~
PETITION 'CII. 200~. ,,~. 424~ ::.
u
Agenda Item No. 170
May 25, 2004
Page 5 of 29
.-
._-,~ _O.~._' -..
PURPOSE/DESCRlPTlON OF PROJECT:
Kenmark ConstrUction, IIlC. owns the subject 2.85-acre site, which is comprised of a nodel home
and sales center with a ~;mall graveled parking area. A Temporary Use Permit was issued to
Kenmark ConstrUction, Inc. for use of the existing structure as a model home in 1999 for a
period of two years. The "Certificate of Occupancy" was issued on June 30, 21)()(). The
Temporary Use Permit f.)r the model home expired on June 30, 2002. This Temporary Use
Permit was administrativdy given an additional year by the County to bring this Terr..porary Use
Permit into compliance with an amendment in the Land Development Code which limited
Temporary Use Permits jor a three-year period. The petitioner submitted this appli,:ation for a
Conditional Use on June (i, 2003. The petitioner now seeks a Conditional Use for a model home
and sales center for a per~od of five years. As depicted on the site plan, the subject property is
mostly wooded, while the access to the model home and parking area is from 39th S':. S.W (See
Site Plan, Exhibit 2).
_ _ __ 39th_~I!!EET S. ~:.- "
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SITE PLAN EXHffiIT 2
Agenda Item No. 170
May 25, 2004
CU.2003-AR-4249 cCPC MTG. 516104 Page 3 ~~ge 6 of 29
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SURROUNDING LAN]!) USE & ZONING:
SUBJECT PARCEL: Model Home and Sales Center, zoned "E" Estates
SURROUNDING:
North: single-family residence, zoned "E" Estates
East: single-family residence, zoned "E" Estates
South: single-family residence, zoned "E" Estates
West: Southwest Florida Water Management District
canal and C.R. 95 I right-of-way, zoned "E" Estates
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: -
WO.'
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- .. . - - - . .
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II
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AERIAL MAP EXHIBIT 3 ZONING MAP EXHIBIT 4
GROWTH MANAGEJ\i[~NT PLAN CONSISTENCY:
Comprehensive Planning ~ taft' has reviewed this request and offered the following comments:
The subject property is de~ignated "E" Estates on the Golden Gate Area Master Plan (GGAMP)
Future Land Use Map of die Growth Management Plan. On September 10,.2003, the Board of
County Conunissioners ad,)pted amendments (Ordinance No. 2003-44) to the GGAMP that
included text revisions to r:flect the following: ''Temporary Use (TV) permits for model homes
are not subject to the Locational Criteria for Conditional Uses and may be allowed anywhere
within the Estates-Mixed Use District." (GGAMP, Sec.III.B.2.5.e) While the amended language
- did not clearly reflect the [J>nner Planning Services Director's interpretation, it is Comprehensive
Planning's position that Ccnditional Use's for model homes are not subject to the Conditional
Use Locational Criteria, and may be located anywhere within the Estates-Mixed Use ;)istrict,
Agenda Item No. 17D
May 25, 2004
CU-2003-AR~249 CCPC MTG. 516104 Page It,pge 7 of 29
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thus are consistent with the GGAMP, albeit still by interpretation. The Comprehensive Planning
staff is proposing amended language to the GGAMP to address this discrepancy.
ANALYSIS:
Before any Conditionallse recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make fmdings that: 1) approval of the Conditional Use will not
adversely affect the public interest; and 2) all specific requirements for the individual
Conditional Use will bl~ met; and 3) satisfactory provisions have been made concerning the
following matters, where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
As previously noted, 'his request is consistent with the Growth Management Plm, and with
the conditions propos(:d by staff, this project will be in compliance with the LDC.
2. Ingress and egress to the 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 and egress to the site will continue to be provided from 39th Street S.W.
The County TranspOltation Department has scheduled the widening of Collier Boulevard
(C.R. 951) to six lane:i in 2005. All of the improvements to Collier Boulevard (C.R. 951) in
this area will take place entirely on the west side of the South Florida Water Management
District canal. No siCewalks exist on 39th Street S.W. The Transportation Department has
requested that a five-iOot wide sidewalk constructed to the County's minimum standard be
placed along the entire frontage of 39th Street S.W. for this property.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economio: or odor effects.
The site is well buffered between other uses and should not produce any glaJe, noise, or
obnoxious odors. A dstance of approximately 64 feet separates the existing structure from
the adjoining property to the south, 66 feet from property to the north, and appro:ximately 440
feet separation to the Clast. These areas have been left relatively undisturbed. To date there
has been no evidence of any negative impacts to surrounding properties or any complaints
from the neighbors.
4. Compatibility with alljacent properties and other property in the district.
The proposed use is not incompatible with the surrounding neighborhood, wh:.ch includes
other model home and sales centers to the north, south, and west .The subject property is well
buffered since approximately one-half of the property is undeveloped and partially wooded.
Traffic and noise impacts will not be significant. The model home and sales center is similar
to a single-family residential structure and will be used as a single-family residence after
expiration of the model home and sales center use.
Agenda Item No. 170
May 25,2004
CU.2003-AR-4249 cCPC MTG. 516104 Page fo~~e 8 of 29
..- NEIGHBORHOOD INFORMATION MEETING:
TIle meeting was held on March 18,2004 at 5:30 P.M. at the subject site.
Attended by: Applicant, Mark Perry, of Kenmark Construction, Rachelle Perry Swift, Perry Real
EstatelKenmark Construction, Joe Olivera, Kenmark Construction, one neighboring property
I owner, identifying himself as "Tom", and county statT: Michael DeRuntz, Project Principal
Planner, and Linda Bedtel:ron, Community Planning Coordinator.
LDC requirements: The aI'plicant taped the meeting and county staff facilitated the meeting. Mr.
Perry presented his petiti(>!1 for the record and property owner in attendance.
Mike DeRuntz gave an oVI~rview of the petition process and he and Linda Bedtelyon answered
questions from applicant, Hgents and neighbor.
Commitments from develc~: Mr. Perry committed to providing the additional parking code
requirements, sidewalk(s) ;md stop sign at the apron on 39th Street S.W. (Transportation
Dl~partment). He also statt:d ''there have been no complaints from neighbors" relative to the use
of the model home as a sal~s center in the past and neighboring property owner, "Tom" stated
"that he had no problem he re at all" to the proposed Conditional Use.
Mr. DeRuntz explained tlu.t previously, Conditional Uses have been a permitted use in the
Golden GaU: Estates area with a three-year time limitation. He also stated that the Collier County
Planning Commission (CepC) is requesting an amendment to the Golden Gate Area Master Plan
- (GGAMP), the Future Lanj Use Element (FLUE) and the Growth Management Plan (3MP) to
specify a Conditional Use designation for model home sales centers in the Estates "E" zoning
district. The CCPC has been recommending a time limitation of two years for current
Conditional Use petitions for mode home sales center until the proposed amendment i~; approved.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-2003-AR-424:~ to the Board of Zoning Appeals, subject to the following conditions:
I. This Conditional Use 3J'proval shall expire two years from the date of adoption. Should the
property owner wish t) continue the approved use beyond two years, the prop:rty owner
shall reapply for anober Conditional Use or comply with applicable land de:velopment
regulations at the time of expiration of this Conditional Use.
2. The Director of the Depfrtrnent of Zoning and Land Development Review may approve minor
changes in the locati Jn, siting or height of buildings, structures, and iml'roven:tents
authorized by this Conditional Use. Expansion of the uses identified and approved within
this Conditional Use application, or major changes to the site plan submitted as :?art 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 time of submittal, including
Division 3.3, Site Dt:velopment Review and approval, of the Collier CO'lDty Land
-, Development Code (Ordinance 91-102).
3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, it: d~~~~~0Hmf1~d~t9 70
May 25, 2004
CU-2003-AR-4249 cCPe MTG. 5/6104 Page 6 5i~ge 9 of 29
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clearing, excavation, or other construction activity a historical or archaeological aJtifact is
found, all developmert within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contlCted.
4. Pursuant to Section 26.33.4.1.2 of the Land Development Code, the model home or model
sales center is not intended to allow the full scope of real estate activities and shall be
I restricted primarily to the sale and marketing of the model, or products similar to the model.
\ A model home shall not include offices for builders, contractors, developers, or similar
activities.
5. A sidewalk shall be designed and constructed, per LDC requirements, along the entire
frontage of this property on 39th Street S.W. within six months of the approval date of this
request. A Right-I) f- Way permit will be required from the County Department of
Transportation.
. e-r- :f/~
RUNTz,~INCIPALPLANNER J\TE
T OF ZONlNG AND LAND DEVELOPMENT REVIEW
dlrf lor./,
RAY BLOWS, CHIEI;PLANNER ~
DEPARTMENT OF ZON rNG AND LAND DEVELOPMENT REVIEW
~~~ '/L2OIoL
81JSAN MURRAY, AICP, DIRE TOR DATE'
DEPARTMENT OF ZON:NG AND LAND DEVELOPMENT REVIEW
.
J l PHK'SCHMm.A~ISTRATOR ~;;r
:::::::: ::::::::= MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
.-........
. . . ., .. III .
. . III III III .. III
::::::::,::: ::::~ty ~~)mmiSSion:
,.......... ....... LV ~ - ~- b #ooy
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.,................ .. BUDD, CHAIRMAN -U'<-L DATE
ty\*'L"_ (I. C\.~V
Staff report for the May 6, .!004 Collier County Planning Commission Meeting
Tentatively scheduled for the May 25, 2004 Board of County Commissioners Meeting
Attachments: A. Findngs of Fact
B. Conc:eptual Master Plan
C. Prop )sed Conditions
D. Conditions of Approval Agenda Item No. 170
May 25, 2004
CU-2003-AR-4249 CCPC MTG. 516104 Page l?~e 10 of 29
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APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.: Date Petition Received: CU-2003-AR-4249
- - PROJECf #2003020029
Commission District: -- Planner Assigned: DATE: 6/6/03
- MIKE DERUNTZ
ABOVE TO BE COMPLETED BY STAFF
1. General Informatiun
.- Name of Applicant(:;) ~t1I/lJ 1J.ef:' U/J.s-l"e. ..:T/1G
Applicant's Mailing Address /7dc7 S /l /J /;-1- B' Ae.6.A..e4 Blvd
City AM-des- State r/ Zip 39/'/ b
,
Applicant'sTeleph(ne#....?J7'-3~c:?-9,?ot1 Fax # ~.59-..?VY - ~6 Y'b
Applicant's E-Mail Address: -
Name of Agen02~I/'e M"// Firm ,~/t' m /1 Ie 1::- eO I' r+.R.. ,
Agent's Mailing Address /YoO SA/J"7P. BA'~#~.4 i?/t,Jc/
City /V ..4~/e~:; State 'c1 Zip 3 ~/ / b
,
Agent's Telephone ~:e:J,;S9 .:3-ft!?- 9600 Fax#4.59- :59~- ?b'l"
.
Agent's E-Mail Address:
., Be aware that Collier County has lobbyist regulations. Guide yourself accordingly md ensure
that you are in complimlce with these regulations.
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COLI,]]~R COUNTY COMM1JNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNIN<Agenda Item No. 170
May 25, 2004
Am,leA nON FOR PUBLIC HEARI'lG FOR CONDmONAL USE _ 0211212003 Page 11 of 29
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2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
I'HONE (941) 403-24001FAX (941) 643-6968
Complete the following for all Association(s) affiliated with this petition. (provide additional
sheets if necessary)
Name orBomeow,er Association: ~ . State_'~
Mailing Address City
Name of Homeownc:r Association:
Mailing Address City
Name of Homeoy,"!l<:r Association:
Mailing Address State _ Zip
Name of Master Association: .~
Mailing Address City State _Zp
1J IA.
,
Mailing Address City State _ Zip
2.
a. If the property is owned fee simple by an INDNIDUAL, tenancy by (le entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Addre..!. P~ceDmgeofOwn~mp
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Agenda ltcm-No. 170
May 25, 2004
AULICATION FQR PUBLIC HEARUIG FOR CONDITIONAL USE -0211212003 Page 12 of 29
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b. If the propert)' is owned by a CORPORATION, list the officers and stocl:holders and
the percentag(: of stock owned by each.
Name, Address and Office ~ ,,4 Percentage of Stock
.#7A/e~' m. ~e.ey ~e.s; 5o.!J.a
~/J \.7: Pe..e...e ~ 5o~
~~~2 ;fLJ~ .e~ ';t )C.$:<=.c. . .-
-
e..t- li ,I , u aA ~A c
I
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Addre IS Percentage of Interest
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d. If the propert} is in the name of a GENERAL or LIMITED P ARTNERSHlP, list the
name of the gc:neral and/or limited partners.
Name and Addre:;s Percentage of Ownership
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e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, ~~mstee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Addrc!s Percentage of Ownership
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Agenda Item No. 170
MaY25, 2004
APpueA TION ~OR PUBue HEAHl NG FOR eONDmONAL USE _ 0211212003 Page 13 of 29
"."-,,,- -.. -- -"~_..-~.
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Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
N aIDe and Adelle is
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g. Date subject property acquired () leased (): Term of lease _-YT./mos.
;
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
h. Should any cbanges of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a S'lpplemental
disclosure of bterest form.
3. Detailed let!:al des~ription of the propertv covered bv the application: (If space is
inadequate, attach en separate page.) If request involves change to more than one zoning
district, include sep.rrate legal description for property involved in each distric1. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum lit to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicmt is responsible for supplying the correct legal description. If questions
arise concerning tlu: legal description, an engineer's certification or sealed sUlvey may be
required.
, ~i Range: ~C
Section: / ~~ Township:
7~ /~!J fd G- j. [~-IPlc-s
Lot:L\1 / fo Block: tC. -c}7 Subdivision: ~ 0 eJ1 J4 e
Plat Book 7 p~,ge #:/7-/~ PropertyI.D.#: -:17 9 c;S.;L t:/ t:Jc70..3,'
Metes & Bounds Dt:scription:
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4. Size of oropertv: / S7 0 ft. X ~ Gdft. = Total Sq. Ft./ 1~8'0(1 Acres -0/,. 7
5. Address/l!enerallo.=ation of subject oropertv: /0/<7 .3 ?rh ..57~ s W
3E & ,eN.~;'" L!. o,c /J;,~ f?,d~~ ~ qs/ rt!:Cl///ee #/vJ)
. J
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Agenda Item No. 170
APPUCATION FOR PUBLIC HEAJ!ING FOR CONDmONAL USE -0211212003 May 25. 2004
Page 14 of 29
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6. Adjacent zonine and land use:
Zoning Land use
N
'"
S
E
!
w
Does property owner own contiguous property to the subject property? If so, give complete
legal description of lmtire contiguous property. (If space is inadequate, attach 011 separate
page).
Section: _ Township: Range:
~\~ Lot: Block: Subdivision:
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Plat Book P2ge #: Property LD. #:
Metes & Bounds Description:
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7. Tvpe of ConditioDal Use: This application is requesting conditional use # of
the ~ district for (TYPE OF USE) ~a7'e / 4U- LD c.. --<..1,. 33.1. /
/?7C1dz,/ /
Present Use of the P~operty:
8. Evaluation Criterilll Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staffs recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a findmg that the
granting of the conditional use will not adversely affect the public interest md that the
specific requirement:; governing the individual conditional use, if any, have be;m met, and
- that further, satisfa ::tory provision and arrangement have been made cont;erning the
fo11o,,1og matters, where applicable. Please provide detailed response to t:ach of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary). Agenda Item No. 170
AUJ,.yeA TION FOR PUBLle HEAR! NG FOR eONDmONAL USE - 0211212003 May 25, 2004
Page 15 of 29
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a. Describe how be project is consistent with the Collier County Land Develcpment Code
and Growth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use
element):__
Ikt ~ " 5 -tor CL rf'W"'E:.+-\n e~d 0Xl ~{~h.nr
-+e lV?'''Tl. "~ II Sz ~ ~ rvu.J- ~,<",.(bee-" -I- 01 t<<l~;, ~
I Lo\'\~ '-\t;\.-L L:b.~. ~ bLeN=>-\h Y\It~~~ .
b. Describe the (xisting or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and COD venience, traffic flow and control, and access in case of fire or
catastrophe:___::1l)I Lu',de.. dUU{lL-~ attt'ss\~~ 'tiN-
~Jl<:> pe ~ \..0 ttn ~,,(O\,nok va ...-li." 6' ~ l ~. s..(, r
e.o.~(r o..C~~esS -k V\I\()cO~ ~ ~ .
c. Describe the efhct the conditional use will have on n ighboring properties in relation to
noise, glare, economic impact and odor: "{ ! ~ rvtoAe ~
-k ,*,-e. 'G:\b"*,.\1(s'LlY D-C- ~ --\e.-~. U~e.. f-En~..~.
.~~r ~~r~ :has ~f\n"cL\~~ 7=~r~\
f-C~D,-\- -\\::> 5H\c}~~\~ u.s.€- ,
d. Describe the sites and the proposed use's compati~ility wi.1l]. adjacent properties and
other properties in the district: '--r\t.J.. 6l-\i.. \"::> ~ Q, 6 CL.V'r\'>- (lS
o.d.Y..lt.eJr-?(LO~~.es. '
e. Please p~my additional information w . ch you may feel' relevant tc this
request. : -l:> ~", ~ O-Y\
"5?.,c\&~{\O'-\-c:~~ U~.L ~ rn.0-+ .
Agenda Item No. 170
May 25,2004
AUUeATIONFORPUBLleHEARNGFORCONDmONALUSE-0211212003 Page 16 of 29
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.- 9. Deed Restrictions~ The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain "hether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subject property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? lJ 0 \f\...c.. .
II. Additional Subnrittal reauirements: In addition to this completed app:Jcation, the
following must be submitted in order for your application to be deemed suffbient, unless
otherwise waived during the preapplication meeting.
~. A copy of the I re-application meeting notes;
'lI'b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8Yi" x 11"
copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental.\dvisory Board (EAB), or CCPC];
. all existing and proposed structures and the dimensions thereof,
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. provisions for existing and/or proposed ingress and egress (including p :destrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrixlndicating
required and provided parking and loading, including required parking for the
disabled],
. locations 0:: solid waste (refuse) containers and service function areas,
. required yards, open space and preserve areas,
. proposed kcations for utilities (as well as location of existing utility services to the
site),
. proposed ~uld/or existing landscaping and buffering as may be required by the
County,
. location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
i.. An EnvironmmtaI Impact Statement (EIS), as required by Section 3.8. of the Land
Development <:;ode (IDC).
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~ . Whether or ne,t an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one ~~ft~fW rfRy.t,1~1
May 25, 2004
APPUeATION FOR PUBLle HEARING FOR CONDmONAL USE - 0211212003 Page 17 of 29
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. be submitted. Said aerial shall identify plant and/or wildlife habitau. and their
boundaries. Stich identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
Ie. Statement of utility provisions (with all required attachments and sketches:';
y...,. A Traffic Imp..ct Statement (TIS), unless waived at the pre-application me~ting;
~. A historical and archeological surveyor waiver application if property is located
v.ithin an ana of historical or archaeological probability (as identified at pre-
application mt:eting);
h. ~tuJ.y additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
Agenda Item No. 170
APPl.JCATION FOR PUBLIC HEARING FOR CONDITIONAL USE-02J1212003 May 25, 2004
Page 18 of 29
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RESOLUTION NO. 04- -
A RESOLUTION OF TIffi BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDmONAL
USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT
TO SECTION 2.2.3.3 AND 2.6.33.4 OF THE COLLIER. COUNTY
U.ND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 14, TO'WNSHIP 49 SOUTH. RANGE 26 EAST,
COlLIER COUNn 0, FLORIDA.
WHEREAS, the Legislalul1' of the State of Florida in O1apter 67-1246, Laws of
Florida, and Chaptc:r 125, Florida. Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zming and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pu: 'Suant thereto has adopted a Land Development Code
(Ordim:nce No. 91-.102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the :wning ofparticulH geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Board of Z:>ning Appeals (Board), being the duly appointed and
-
constituted board fCor the area hereby UIected, has held a public hearing after notice as in said
regulations made and provided, and lw considered the advisability of Conditional Use 9 of
Section 22.3.3 and 2.6.33.4 of the C(O}lier County Land Development Code in an "E" Estates
Zone for a model home and sales cenar on the property hereinafter described, and the Planning
Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have ~.c'n made concellling all applicable matters required by said regulations
and in 9.:cordance with Subsection 2.7. t4 of the Land Development Code; and
WHEREAS, all interested panic:s have been given opportunity to be heard by this Board
in a pubHc meeting assembled and the llaard having considered all matters presented.
NOW, THEREFORE, BE IT R3S0LVED BY the Board of Zoning Appeals ofCoIlier
County, f'Iorida that:
The petition, CU-2003-AR424!), filed by Marie Perry of Kenmarlc Construction, Inc.,
representing with respect to the property hereinafter described as:
The North 180 feet of Tract 15:1, Golden Gate Estates, Unit No. 27, according to the
plat thereto recorded in Plat book 7, Paglls 17 - 18, Public Records of Collier County, Florida.
Is hereby approved for Conditienal Use 9 of Section 2.2.3.3.9 of the Collier County
Land Devt:lopment Cede in the "E" Es".Jltes Zoning District for a model home and sales center
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Agenda Item No. 170
May 25, 2004
Page 1 of2 Page 19 of 29
in accordance wich the Concepluu Master Plan (Exhibit "B") and subject to the following
conditions:
Exhibit "e" which is attach.:d hereto and incorporated by reference herein.
BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this
Board.
lbis Resolution adopted after motion, second and majority vote.
Done this day of ,2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIAlA, CHAIRMAN
A TIEST:
DWIGHT E. BROCK, CLERK
-- -
~'" " to Fonn on_
Le E iency:
'.
tJ. te
Assistant County Atlc'mey
CIJ-2003.AR ..U49/MDflo
Agenda Item No. 170
May 25, 2004
Page 2 of2 Page 20 of 29
- -
-
FINDINGS-OF FACT
,BY
'COttIER C'ouNTY PI..ANf<<Nc,'COMMI8SI.()N
FOt(
A 'CONDITIONAL uSE PEtITlor{
::F.()!t
CU-2003':.AR-4Z49
the following facu-are-totmci:
- -. -. -----r;-- ~ecuon_z:z:2_.3.3 of the Lahd. Development COde.authorizeS the eondftioiuil use.
i 2. drantiligthe cOnditlot::al use Win not advetseiy'affeet "tb:e.publiclnterestand-Wili not
8dver~~Y affeCt other propetty'()ruses in the. saine distmt.ot neighbOrhood becau;e' of:
A. Consistenc} with the Land Development Code-and'Gtowth Management Plan:
Yes No /'
- -
- B. Ingress and egress to property and prqposed.strUctures thereon with pErticulat
Iefer.ence tc. aut<>IAoti;ve .~d pedestrian ~ety-~dconyenie~ce, traffic flo.w and
control; anc.access.in~e of ~ or-C8~~phe; e'~'
Adequate.~ & egress'
YeS /No-, -
.
C. M:f~ts nei~hborin$ prop.ertles.in relatIon"tO n61se. glare,.eeoiloriiic or.xlor
effects;'
~~NQ aff~~r. _ Affect mitIgated by_
~ Mfect~t:'b-emi~ated.
D. Compatibili,y with adjacent ~ro.J)erties and oth~PWperty'io the district:
COlD:patible use wi~ distri~t
YeS V"'No -
~
~ '00. the above finding::, this conditional use should, with sqpuIations, (copy attac:hed)
(should not) be recommendlxi :for'aj)provsl .
- DArE~ ~..." .0 i _ J\k-~;~ad. #.Jk.-
e.t
EXIDBITtlA" AeriN'~ge~m~170
-, . May 25, 2004
Page 21 of 29
------
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4249
1be following facts are found:
1. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use.
2. Granting the conditior:al use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
i
Yes t/ No -
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and ac :ess in case of fire or catastrophe:
Adequate ingrc:ss & egress
Yes ~ No -
C. Affects neighbJring properties in relation to noise, glare, economic or odc,r
e~ffects:
~ No affec tor _ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use: within district
Yes ~o -
Based on the above findings, this conditional use should, with stipulations, (copy attBched)
(should not) be recommenied for approval .
DATE: 6/ ( J D'-t _ MEMB~~
l.J ND~ ADl; Lst/:..l""l.
Agenda Item No. 170
May 25, 2004
Page 22 of 29
,_,,,,,,,,,,,,,"."""___''''.''h'' h>~_"'__,,",;_,,-,.
_ ,._w_,___,_.._~.._."."
.. -------
.
.
-
. Fn'f,D~GOT~cr
:BY
CO[iLIERCO,UNTY'PLANNING'COMMISSION
FOR
A,cblmmoriAL'TJSEPETITION
FOR
CU.;2003-AR..4249
The foUowiJ1g ~ are f(lund:.:
-
1. Section .2.:2'.2..3.3 ()f~ LantUJevelopD)cm CCJ4e.llt,lthor:izcd ~ ,~()nditional us~.
2. Gra1itingthecond:,tio~use ,will not-adve11>ely I!ffect'the} pubUc interest.an4. will
not adversely affcmt,otherproperly :or~e3 in the"~e qistrlctoIIIe'ighborhoo;l
becaUse ot
A. ConSiStenc y With .tiie 1.aiid ])eve~l>jliD7. and Gt<>wth MllDlIgem"nt Plan:
,,-, Yes No
-, -
. B. rn~sandegressU) pr()p~ aUld proPo-se.dS1iilCttiteSthereon with pa::ticular,
ref~ten~ te, aut()motiv.e and pedesfriah safety. and convemcIIce, traffic flowaild
control, 81).d -acceSS in::ease-oi mc.orcataStroPbe:
Adequate ingress & e~ I
Yes No
"-
C. Affects, nei~fboring properties in rel~ti~)D to noise" glare, economic;. or I)dor
effects: )
__. No affect or . ~ Affect mitigated.by _
_ Affect cannof:be niitig'ated
Do, Co,tilpatibllhywftli adjacent pfoperties"md 15thet propertyin,the district:
, .
COl.l!pa1ib1e~ wiihind4triL . .
Va, No L
Based on the~bove' finding!:; thfs,cotlcUtional'u.se. s ." . d, .' '.pu . 'ODS, (copy Jittached)
(Shouldn . :be'recommend,~d!1JIa~~rqvaJ; Ir{ uU4\ _'
-- /"
DATE; .MEMBER: Item No. 170
EXHIBIT nAil May 25,2004
Page 23 of 29
---" --.._, -~..- -.-.... _..-. -.-.--,,"_._-
-----
. --- .
FINDING OF FACT
BY
COL[.IER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4249
The following facts are found:
I 1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use.
I
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other )roperty or uses in the same district or neighborhood becaU:ie of:
A. Consistenc:r 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 aulomotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingre ss & egress
Yes V No -
C. Affects neighbc,ring properties in relation to noise, glare, economic or odo:~
effects:
./ No affect or _ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility vrith adjacent properties and other property in the district:
Compatible use within district
Yes V No -
Based on the above fmdings, this conditional use should, with sti ulations, (copy atuu:hed)
(should not) be recommended for approval .
DATE:~Jt MEMBER:
~O s::.mtYL
Agenda Item No. 170
May 25, 2004
Page 24 of 29
-
FINDING OF FACT
BY
COLJLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4249
The following facts are found:
1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use.
2. Granting the conditional uSe will not adversely affect the public interest and will not
I adversely affect other property or uses in the same district or neighborhood because of:
I
A. Consistenc.y with the Lan/:,pment Code and Growth Managemt:Dt Plan:
Yes_ No_
B. Ingress and egJ ess to property and proposed structures thereon with partic':1lar
reference to automotive and pedestrian safety and convenience, traffic flow and
.-. control, and ac,ess in case o~Phe:
Adequate ingr( ss & egress
Yes_ No_
C. Affects nei hb>ring properties in relation to noise, glare, economic or oder
effects:
No affec-: or _ Affect mitigated by
-
___ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible us<' within district~
Yes_ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommen,led for approval .
DATE: 5-(,-o'f MEMBER: ~A {fa..A' (VI,)l~)
_.
Agenda Item No. 170
May 25, 2004
Page 25 of 29
,-- ~,." -- H'_', ......
FINDING OF FACT
BY
COLll.IER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
FOR
CU-2003-AR-4249
The following facts are fo LlDd:
1. Section 2.2.2.3.3 of tllf~ Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
I adversely affect other property or uses in the same district or neighborhood becaw;e of:
A. Consistenc:, with the Land Development Code and Growth Management Plan:
YesL No -
B. Ingress and eg)'ess to property and proposed structures thereon with particular
reference to aulomotive and pedestrian safety and convenience, traffic flow and
control, and ac(:ess in case of fire or catastrophe:
Adequate ingress & egress I
Yes_ No -
C. Affects neighb(lring properties in relation to noise, glare, economic or odo:~
effects:
L No affec:t or _ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility vnth adjacent properties and other property in the district:
Compatible use within district /.
Yes_ No -
Based on the above findin~s, this conditional use~ould, wii""stipulationsp(copy attal:hed)
(should not) be recommended for approval ~.
DATE: S; ,\ D if MEMBER: \~~~
Agenda Item No. 170
May 25, 2004
Page 26 of 29
-
FINDING OF FACT
BY
COL:LIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4249
The following facts are found:
I 1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will lIot
adversely affect other property or uses in the same district or neighborhood becau:;e of:
\
A. Consistenc:, with the Land Development Code and Growth Management Plan:
Yes V No -
B. Ingress and egr:ss to property and proposed structures thereon with particular
- reference to au10motive and pedestrian safety and convenience, traffic flow and
control, and ac(:ess in case of fire or catastrophe:
Adequate ingre 3S & egress
Yes ~.NO
-
C. Affects neighbc,ring properties in relation to noise, glare, economic or odo:~
effects:
/ No affect or _ Affect mitigated by
__. Affect cannot be mitigated
D. Compatibility "ith adjacent properties and other property in the district:
Compatible use within district
Yes /" No -
Based on the above fmding 3, this conditional use should, with stipulations, (copy attac:hed)
(should not) be recommended for approval .
DAm:4~ J:Wrf '~
MEMBER: ~
"-
Agenda Item No. 170
May 25, 2004
Page 27 of 29
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I I ------. PET1T10N NO. CU-2003-AR-4249 ; ~!~
--
H ....-- 1010 39th STREET S.W.
--- . ~
I --- . KJ!I~. FOUO # 37995240003 ~.
I .
I - . . -- N 180'01 TRACT 1fft - ~Um 27
.[l 0::1 LJ-1 · T ~.e::r"" ZONING' ,,~genda tem o.
.::~'. . Ma 25 2004
age 0
EXHIBIT "B"
_..--
,-
Conditions for Approval of Conditional Use CU-2003-AR-4249
(May 6, 2004)
I
;
1. This Conditioml Use approval shall expire two (2) years from the approval date
of this petition hy the Board of Zoning Appeals. Should the property owner wish
to continue the approved use beyond the two (2) year extension, the properly
owner shall rea}'ply for another Conditional Use or comply with applicable land
development regulations at the time of expiration of this Conditional Use,
2. The Zoning and Land Development Director may approve minor changes ill the
location, siting. or height of buildings, structures, and improvements authorized
by this 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 uS(:
application, and shall comply with all applicable County ordinances in effe<:t at
the time ofsublllittal, including Division 3.3, Site Development Plan Review and
- Approval, of the Collier County Land Development Code (Ordinance 91-1 (12)
3. Pursuant to Sectlon 2.2.25.8.1 of the Land Development Code, if during the
Course of site c1-~g, excavation, or other construction activities a historil:al or
archaeological a::tifact is found, all development within the minimum area
necessary to prolect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home
or model sales cc:nter is not intended to allow the full scope of real estate activities
and shall be re:;tricted primarily to the sale and marketing of the model, or
products similar to the model. A model home shall not include ofli<:es for
builders, contrac':ors, developers, or similar activities.
5. A sidewalk shall be designed and constructed, per LDC requirements, along the
entire frontage (If this property on 39th Street S.W. within six months of the
approval date of this request. A Right-of-Way permit will be required from the
County Department of Transportation.
Exhibit "C"
.-
Agenda Item No. 170
May 25, 2004
Page 29 of 29
"'.-<
,,"-'h
EXECUTIVE SUMMARY
RZ-2003.AR.4937, Terry Kepple, of Kepple Engineering, Inc., representing Community
School of Naples, Inc., requesting a rezone from "A" Rural Agricultural to "CF'
Community Facility for a 29.2 acre tract of land to allow for the expansion of the existing
school facilities located to the south of this property. The property is located on the west
side of Livingston Road, approximately 1h mile north of Pine Ridge Road, in Section 12,
Township 49 South, Range 25 East.
OBJECTIVE:
To have the Board of County Commissioners consider an application to rezone 29,2.:t acres from
Rural Agricultural (A) to Community Facility (CF) zoning district to allow for the expansion of
the existing school facilities consistent with all applicable codes and regulations in order to
ensure that the community's interests are maintained.
CONSIDERATIONS:
The property is located on the west side of Livingston Road, approximately V:z mile north of Pine
.- Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida.
The Community School owns 110.29 acres that run parallel to Livingston Road. The existing
developed Community School site zoned CF currently occupies the southern one third of the
property. They are in the process of expanding their classroom activities on this portion of their
site, which will displace the existing athletic facilities. The purpose of the rezone to CF is to
provide additional land (29.2 acres) for the displaced athletic fields.
According to the adopted County Future Land Use Map (PLUM) this area is eligible to be
rezoned to CF, which is the zoning classification of the existing school to the south. The
addition of classroom space for the school has displaced the existing recreational areas on the
current campus. The subject site will be developed with athletic fields. The school owns the
property to the north and south of the proposed rezone. The CF zoning classification specifically
states that the dimensional standards in the regulations are designed to be compatible with
residential zoning. To the east is Livingston Road and Estates zoning; to the west is Barron
Collier High School, which has an underlying zone of RSF-3, so the proposed rezone is
compatible with the surrounding zoning and uses and will not adversely impact them. Staff also
notes that the school faces Livingston Road on the east and because this ro.ad is a high visibility
corridor any structures on the property will be subject to Section 2.8 of the Collier County LDC
relating to architectural and site design standards and guidelines for commercial buildings and
projects.
-
Agenda Item No. 17E
Page 1 of3 May 25, 2004
Page 1 of 33
._-,-~..,~-,_.,..,-,.-.,"_... -___.~_~_...."'...",.,_.,''",'''..'"'-.m.~.'._.. ., """"W""'.""",,. . "".......,""'-,_,..,.'...,,,'<.....'w,..,,,,.".,''''',,,'"-__...." ,.., ....
FISCAL IMPACT:
This rezone will have no fiscal impact on Collier County. However, further development of the
property will result in future fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development. In this particular instance impact fees are based on the number of new students and
their grade level as well as the square footage of new buildings. These impacts were addressed
as part of the schools expansion that displaced the existing athletic fields and necessitated this
rezone. However, should the school develop classrooms or other buildings on this site in the
future as would be allowed under the proposed zoning, they will be required to pay the
appropriate impact fees at that time.
GROWTH MANAGEMENT IMPACT:
The subject property is designated as the Urban Mixed Use District in the Future Land Use
Element (FLUE) and map of the Growth Management Plan (GMP). This district allows a variety
of residential and nonresidential land uses including: parks, open space and recreational uses;
and, community facilities such as schools, cemeteries, group housing, libraries and community
centers.
Based on their analysis and review, Comprehensive Planning staff concludes that the proposed
"-, rezone from Rural Agricultural zoning district to the CF zoning district may be deemed
consistent with the FLUE.
Transportation Element: The Traffic Impact Statement indicates that the project will generate
approximately 782 average daily trips at full capacity of 850 students. Based on this estimate,
the Transportation Department has determined that the proposed expansion will not significantly
impact any County roads. As a result, this petition is deemed to be consistent with Policies 5.1
and 5.2 of the Transportation Element of the GMP.
Open Space/Conservation: The Environmental Services Department reviewed the proposed
Rezone and found that it is consistent with the applicable policies of the Conservation and
Coastal Management Element.
ENVIRONMENTAL ISSUES:
There are no unusual environmental issues associated with this petition.
EAC RECOMMENDATION:
The Environmental Advisory Council did not hear this petition. Although the parcel is larger
than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a site
visit revealed mostly previously disturbed land. For this reason, a waiver of the EIS
requirements was granted.
--
Agenda Item No. 17E
Page 2 of3 May 25,2004
Page 2 of 33
-
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on May 6, 2004. County
staff and the petitioner were heard, no one else testified. After discussion, the CCPC, by a vote
of 8 to 0, recommended that the Board of County Commissioners approve petition RZ-2003-AR-
4937
THE ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION:
Because the proposed Rezone has been found compatible with the neighborhood and consistent
with the Growth Management Plan, Staff recommended that the Collier County Planning
Commission forward a recommendation of approval of petition RZ-2003-AR-4937 subject to the
following condition.
1. The applicant shall install a Type D landscape buffer along the Livingston Road frontage
within one year of the approval of this rezone request.
--
Agenda Item No. 17E
Page 3 of 3 May 25, 2004
Page 3 of 33
COLLIER COUNTY
-- BOARD OF COUNTY COMMISSIONERS
Item Number HE
Item Summary RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering. Inc,. representing
Community School of Naples. Inc_, requesting a rezone from -A" Rural
Agricultural to 'CF" Community Facility for a 29.2 acre tract of land to allow for
the expansion of the existing school facilities located to the south of this
property_ The property is located on the west side of Livingston Road,
approximately % mile north of Pine Ridge Road, in Section 12, Township 49
South. Range 25 East.
Meeting Date 5/25/20049:00:00 AM
Prepared By
Robin 0, Meyer Principal Planner
Community Development &
Environmental Services Zoning & Land Development Review
Approved By
Ray Bellows Chief Planner Date
Community Development &
Environmental Services Zoning & Land Development Review 5111/200410:16 AM
Appro,-ed By
Susan Murray, AICP Zoning & Land Development Director Date
Community Development &
Environmental Services Zoning & Land Development Review 5112120043:21 PM
-
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/13/20044:29 PM
Approved By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/13/2004 4: 04 PM
Appro,-ed By
Joseph K. Schmitt Community Development &
Environmental Services Admlnstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/14/20044:19 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/16/200412:01 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Ofnce Office of Management & Budget 5/17120048:09 AM
Approved By
James v_ Mudd County Manager Date
.- Board of County County Manager's Office
Commissioners 5/1712004 6:47 PM
Approved By
Robin D. Meyer Principal Planner Date
Community Development &
Environmental Services Zoning & Land Development Review Agenda ~9;J1[,!.M
May 2~ 2004
Page of33
._.._0 -,.-.. ._..-
ColN'er County
- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MA Y 6, 2004
SUBJECT: PETITION: RZ-2003-AR-4937
OWNER/AGENT:
Agent: Terrance Kepple
Kepple Engineering, Inc.
3806 Exchange Ave.
Naples, Florida 34104
Owner: Community Schools of Naples
13275 Livingston Road
Naples, Florida 34109
REQUESTED ACTION:
The petitioner wishes to rezone 29.2~ acres from "A" Rural Agricultural to "CF" Community
Facility zoning district to allow for the expansion of the existing school facilities located to the south
of the property.
GEOGRAPHIC LOCATION:
The property is located on the west side of Livingston Road, approximately Y2 mile north of Pine
Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. (See
illustration on following page)
PURPOSElDESCRIPTION OF PROJECT:
The currently the Community School owns 110.29 acres that runs parallel to Livingston Road, the
existing developed Community School site zoned CF currently occupies the southern one third of the
property. They are in the process of expanded their classroom activities on this portion of their site,
which will displace the existing athletic facilities. The school is requesting this rezone of the 29.2
File # 2003-AR-4937 Agenda Item No. 17E
May 25, 2004
Community School of Naples Page 5 of 33
-
acres abutting the existing zoning on the north. The purpose of the rezone to CF is to provide a
location for the displaced athletic fields.
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Agenda Item No. 17E
May 25, 2004
RZ-2003-AR-4937 Page 6 of 33
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SURROUNDING LAND USE AND ZONING:
Subject Parcel: The site is being used for agricultural purposes; zoned "A"
Agricultural
Surrounding:
North: Agricultural land uses, zoned "A" Agricultural and owned by
the Community School of Naples
East: Livingston Road and "A" Agricultural zoned property to the
east.
South: Main Campus of the Community School of Naples zoned "CF'
Community Facility
West: Property zoned RSF-3/P.U (for the high school) the property
directly abutting the subject site is a lake and natural area for
Barron Collier High School.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated as the Urban Mixed Use District on the Future Land Use
Map of the Growth Management Plan (GMP). This district allows a variety of residential and
nonresidential land uses including: parks, open space and recreational uses; and, community
facilities such as schools, cemeteries, group housing, libraries and community centers.
Based their analysis and review, Comprehensive Planning staff concludes that the proposed rezone
from A zoning district to the CF zoning district may be deemed consistent with the FLUE.
3
Agenda Item No. 17E
May 25, 2004
RZ-2003-AR-4937 Page 7 of 33
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ANALYSIS:
Environmental: The Environmental Advisory Council did not hear this petition. Although the parcel
is larger than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a
site visit revealed mostly previously disturbed land. For this reason, a waiver of the EIS requirements
was granted.
Transportation: The Traffic Impact Statement indicates that the project will generate approximately
782 average daily trips at full capacity of 850 students. Based on this estimate, the Transportation
Department has determined that the proposed expansion will not significantly impact any County
roads. As a result, this petition is deemed to be consistent with Policies 5.1 and 5.2 of the
Transportation Element of the GMP.
Utilities: Public utilities are currently available to the site.
Planning: Under the County's FLUE map this area is eligible to be rezoned to "CF" Community
Facility, which is the zoning classification of the existing school to the south. The purpose of the
rezone is to provide additional space for the school, which is growing and has added additional
classroom space, which in turn has displaced the existing recreational areas on the current campus.
The school owns the property to the north and south of the proposed rezone. The CF zoning
classification specifically states that the dimensional standards in the regulations are designed to be
compatible with residential zoning. To the west is Livingston Road and Estates zoning; to the east is
-. Barron Collier High School, which has an underlying zone of RSF-3, so the proposed rezone is
compatible with the surrounding zoning and uses and will not adversely impact them. Staff also
notes that the school faces Livingston Road on the east and because this road is a high visibility
corridor any structures on the property will be subject to Section 2.8 of the Collier County LDC
relating to architectural and site design standards and guidelines for commercial buildings and
projects.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on March 10, 2004, that was attended by
one individual, who asked the applicant's representative what the project was and then left. Because
there was one person that signed in, the applicants representative opened the presentation to introduce
the subject and document that the meeting was held. County staff introduced themselves and the
issues on tape and then, lacking anyone from the public, closed the meeting.
STAFF RECOMMENDATION:
The proposed rezone is consistent with the applicable provisions of the Growth Management Plan
and Land Development Code. Therefore, Zoning and Land Development Review staff recommends
that the Collier County Planning Commission forward Petition RZ-2003-AR-4937 to the Board of
County Commissioners with a recommendation of approval with the following condition:
1. The applicant will install a Type D along the Livingston Road frontage within one year of the
approval of this rezone request.
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4 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 8 of 33
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PREPARED BY:
ROBIN D. MEYER, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
RA Y BELLOWS, CHIEF PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Petition RZ-2004-AR-4937
Tentatively scheduled for the May 25, 2004 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
RUSSEL A. BUDD, CHAIRMAN
REZONE FINDINGS
5 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 9 of 33
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PETITION RZ-03-AR-4937
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The proposed development is in compliance with the Future Land Use Element of the
Growth Management Plan. The proposal is an extension of the existing school, which
has been expanded on the property to the south as part of a Site Development Plan.
The expansion of the existing school has displaced the existing athletic facilities and
necessitated the requested rezone to allow the facilities to be built on this adjoining
property to the north. The proposal is consistent with the FLUE contained in the
Growth Management Plan.
2. The existing land use pattern;
North: Being used for agricultural uses, zoned "A" Agricultural and
-- owned by the Community School of Naples
East: Is Livingston Road and "A" Agricultural zoned property to the
east.
South: Main Campus of the Community School of Naples zoned "CF'
Community Facility
West: Property zoned RSF-3/P.U.(for the high school) the property
directly abutting the subject site is a lake and natural area for
Barron Collier High School which is the principal use on the
site.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
This is an expansion of an existing private school whieh is adjacent to a public high
school, both of these uses are consistent with the FLUE and with the surrounding
development The location of this school between an arterial street on the west and a
publie high school on the east is ideal from a land use standpoint the schools continued
growth and development will not adversely affect the surrounding uses. It is also
consistent with the expected land uses by virtue of its consistency with the FLUE.
4. Whether existing district boundaries are illogically drawn in relation to existing
- conditions on the property proposed for change.
6 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 10 of 33
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The proposed expansion of the existing Community School of Naples is a logical
extension of the original zoning, and this use has been identified as consistent with the
FLUE . Therefore, the proposed "CF' district boundaries are logically drawn and they
are consistent with the FLUE of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Collier County has seen substantial development and as such there is a corresponding
need for more private and public schools in the area. As previously stated the existing
school is expanding to meet the needs of the growing population of Collier County on
the existing school property zoned "CF', creating a need to expand the entire site so
the school can continue to provide a complete range of educational a athletic
opportunities.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The location of this property between Livingston Road and Barron Collier High
School is ideal from a land use perspective in that there are no residential
neighborhoods to be impacted or adversely influenced. In addition the school owns
the property to the north and south of this site, further supporting the contention that
the school will not adversely influence the living conditions of this neighborhood.
7. 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.
Evaluation of the project took into account the requirement for consistency with
Policy 5.1 of the Traffic element of the GMPP and was found consistent, a statement
advising that this project when developed will not excessively increase traffic
congestion. The proposed change will result in an overall increase in daily trips within
the school, however there is adequate capacity in the road system to accommodate it.
8. 'Whether the proposed change will create a drainage problem;
The LDC specifically provides the 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. In summary, this project has been reviewed for
consistency the applicable regulations and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval.
7 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 11 of 33
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9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
The athletic facilities proposed as part of this development, will result in virtually no
reduction of light and air to adjacent areas. In addition all projects in Collier county
are subject to the development standards that are unique to the zoning district in which
it is located. These development standards and others apply generally and equally to
all zoning districts (i.e. open space requirement, corridor management provisions, etc.)
were designed to ensure that light penetration and circulation of air does not adversely
affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
The adjacent areas to this proposal are the school itself to the south, a major arterial to
the west (Livingston Road), agriculturally zoned property to the north owned by the
school and Barron Collier High School to the east, none of these uses will be affected
by the proposal. Staff is also of the opinion that this proposal will not adversely affect
property values based on the projects consistency with the Growth Management Plan
and surrounding uses.
_e 11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
With the school being the use to the south and owning the property to the north, it's
seems obvious that those properties will not be affected or deterred from development.
To the east is Barron Collier High School which is developed and at most might see
additional classrooms or other related development, but again this rezone will not be a
deterrent to that development. Finally there is Livingston Road to the west which is a
major arterial street between this site and anything that is going to happen to the west,
it is the opinion of staff that these factors will have more of an effect on development
to the west of Livingston than the development of a school on the subject property.
12. \Vhether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezoned to "CF' complies with the Growth Management Plan, which is
a public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact the proposed "CF' zoning does not constitute a grant of
special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
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8 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 12 of 33
There is no reason that the property cannot be used in accordance with the existing
zoning, however the proposal is an expansion of an existing use, the Community
School and is consistent with the FLUE. The proposal is a logical extension of an
existing use that is isolated between a major arterial and Barron Collier High School
which is a similar use.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed rezone is being requested as an expansion of an existing school and is
consistent with the County's Growth Management Plan, and as such will be in scale
with the needs of the neighborhood and the County.
15. \Vhether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are many sites, which are zoned to accommodate the proposed development.
However, this proposal is a request to expand the already existing zoning for the
school to the south of this site.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
The applicant shows that this site will be used to provide the athletic facilities that are
being displaced for classroom expansion for the school to the south. This property is
currently fannland, it's development as athletic fields will have a relatively minimal
impact on the land, because it will require minimal permanent site improvements.
17. 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.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The conditions
of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service determined that required
infrastructure meets with GMP established relationships.
9 Agenda Item No. 17E
RZ-2003-AR-4937 May 25, 2004
Page 13 of 33
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RZ-2003;.AR-4937 .
PROJECT #2003030029
DATE: 12/9/03
KAY DESELEM
ArPL!CA TI~N F9U..PUBLlC HEA\UNG FOR: STAND,pD RE$C)~
petition No.: Date petition Received:
Commission District: ,Planner Assigned: Py neselem
ABOVE TO BE 00MPIEfED BY STAFf
.- ~DerallDrOnll.tiolll
1.
Name of AppUcant(s) _ CommunitY School ofNl\P1es. Inc. -
Applicant's Mailing Address J3275 Livinsston Rct
City Jil\P1cs State_fL Zip.J!U>2
Applicant's E-Mail Address:
Applicant's Telephone # _597.7575 Fax 1# 598-2973
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.. Name of Agent ~!:IPce Kepple Firm K~le En~neerilUt. Inc.
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Agent's 'Mailing AdclteSSJ806 Excban2e Ave.
City yaples - State jL ZipJ.lli14
Agent's Telephone ~: __403-1780 Fax 1# ~03.17S7
Agent's ~Mai1 Address: j.eppJP#.ng;neerin~rthlink.net
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COLLIER COUNTY coMMlJNlTY DEVELOPMENT
PLo\NNING SERVICES/CURRENT PLANNING
280(1 N. HORSESHOE DRIVE-NAPLES, FL 34104
Agenda Item No. 17E
jULJCADON fOR 1It1JIUC 1IL\R1'911OR ,",-'NDARD IlU'..ONE-D2J2OIO May 25, 2004
Page 14 of 33
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. .. rHONE (941) 403-14OOIfAX (941) 643-6968
Complete the roDowinS for all AssociaIion(s) afti]iated with this petition. (Provide oddilional
sheets if neceswy) .
Name of HomeowDer Association: -
Mailing Address City State_Zip_-
Name of Homeowner Associdion: -
Mailing Address . City State_Zip__
Name of Homeowner AssocilltiOn: -
Mailing Address City State Zi
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N....e of Master AsaoCiatio:l:
Mailing Address City State _ Zip _
Name of Civit AIsOdation:
Mailing Address City State -Zip-
2. DiKloaure of Interet!. Informatioa:
a. If the property is owned fee simple by an INDIVIQUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the pen:entage ofsucb interest. (Use additional sheets ifnecessary).
Name aDd Add=1 PcrceDtaF of ()wDcrShi~
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WUC"..4. TlON FOR 1'IIIILIC IIEARJ NO .oR C'I' ANnAB "R1P.7D?m _1I2I201Z Agenda Item No. 17E
May 25, 2004
Page 15 of 33
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- If the property ~~ owned by a CORPORATION, list the officers and stoc1cholden
. b.
and the perceutal:e of stoCk owned by each. .
Name and Addrc:sS. aDd ()ftice PcR;entap or Stock
~mmuDitv set,go) orNaDles. IDe. ,. DOD orofit oruniutiu.
Stt'Anhan.. DuallC Jr. -.f -
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Sutton.. Kermi; V -
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Riel\. LarrY J -
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c. If the property~1 in the name ofa TRUSTEE, list the beneficiaries of the t:ust with
the percemage 0 f interest.
Name aDd AddreSS Pcrc;eIdap of intereSt
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d. If the property is. in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and AddresI PcrteDtaF of ()wDeIsbip
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e. If there is a CONTRACT FOR PURCHASE, with an individual or inCmduals, a
CorporatioDp Trustee, or a partnenhip, list the names of the contraCt purchasers
below, inc1udinll the officers, stockholders, beneficiaries, or partners.
Name and Address Pat:CDtaF ofQwDcrsbi))
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~c.4T10N IIOR .nal.JCHLUUlfG IIOR tI'I'.A.NDARDlI"7n1d-82IJIIZ Agenda Item No. 17E
May 25, 2004
Page 16 of 33
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, f. If any continge ncy clause or contract termS involve additional parti~ list all
. individuals or ofticers, if a corporation, putnership, or trUSt.
Name aDd AddresS
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g. Dale subject proporty, acquired ~ Ieued 0 Iv-!3.oZ Term ofleuc --,,,}mol.
If, petitioner haa option to buy, indicate date of option: and date option
terminateS: _--' or anticipated closing date .
h. Should any chan8es ofownersbip or changes in contraets for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the rl~nsibility of the applicant, or agent on his behalf: to subllUt
a supplemental dhclosure of interest fonn.
3. Detailed le2aJ descljptiOD of the orooertv covered bv the .DDlicatioa~ (If space is
inadequate, attaeb 011 separate page.) Ifrequest involves change to more than (Joe zoning
district, include separ ate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last R( months,
maximum I" to 400' :;cale) ifrequired to do so at the pre-application meeting.
NOTE: The applicant' is responsible for supplying the correct legal description. If
questions arise CODC4:ming the legal description, an engineer's certification or sealed survey
may be required.
Section:' _12 Township:_42 Range:J2
Lot: Block: subdivision:
Plat Book_ Page #: Property I.D.#:y02S6320000 p~".f~5"OU5 ,
Metes &. Bounds Oe;cription: ~ attatched S'liJ"vry
c1J. i a. <!..
4. Size of DrooertY: lilQQ. ft. X 1100 ft. - Total Sq. Ft.
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S. bddressl2eneralloc,tioa or..bied orooertY~ _West side ofLivin~on. ~~~rox. Y.z
yUle Ilorth of Pine lUdie Rd. -
6. ~di.c:eDt 108m2 .,Id laad use:
AJ'I'J..ICA nON POR Pl1IIUC HF.AJU tic POR no ANDARD JUf.7.ONE -1I2I%OQZ Agenda Item No. 17E
May 25, 2004
Page 17 of 33
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Zoning Land use .
N~ Vacaut
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SSE CommunitY School ofN~les
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E---^, LjvinWston Rd ( RfW)
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WYSF-31P.U. _Collier Co~ Public School
Does the owner of the: subject propertY own property contiguous to the subject ~ roperty?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach OD lIeparate page).
Section: J2 Township: _ 4.2 Range: .2S
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Lot: Block Subdiyision:
Plat Book_Page #: Property I.D.#:j>02S6320000 (};r,+ ,
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Metes &. Bounds l)esl~ption: jeC attatched svrv~ -
7. }tr.zone Reouest: This application is requesting a rezone from the ~
zoning district (5) to.the CE zoning district(s).
Present Use of the PInperty: Jarmland
Proposed Use (or range of uses) of the property: lrivate School..,.,.,._nonal faci.
8. JvaluatioD Critena;. Pursuant to Section 2.7.2.5. of the CoWer County Land
Development Code, !.taff's analysis and recommendation to the Planni"8 Commission, and
the Phmning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide ,il narrative
statement describing the rezone request with specific reference to the criteria netted below.
,- Include any backup nl8terWs and documentation in support of the request.
S~d Rezone COJ1J,fImrations ILDC Section 2.7.2.5.1
Agenda Item No. 17E
6J'PLlCA.TION mR "IBLIC ImAlmIG POIUTANDAItD 1I..7.fiNE-lWHID May 25, 2004
Page 18 of 33
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-I Whether the proposed change will be consistent with the goals, objectives, and
policies ondfuture lom,( use map and the elemenJs oftM growth management plan.
The proposed rezone is consistent, as this area is designated ,~
urban residential subcfutrict and this rezone is for a private school, with proposed zoning
of CF which is a permitted use in the mban residential subdistrict
1 The existing land U.l e pattern.
The existing land use is RSF-3 with a P.U. for a public school to the West.
E.xisting CF ZODing to the South for the Community School
Livingston Rd. to the East, a 6 lane major arterial, currently under construction.
To the north is he planned CCPS connector drive from the Barron Collier campus
to access Living non Rd.
3 The possible crea/iG ~ of an isolated district unrelated to adjacent and nearby
districts.
lhis rezone will be adjacent to two existing school sites,
Community School and Barron Collier. -
4 Whether existing diJ mct boundmies are illogically drawn in relation to existin.~
conditions on the prope,-ty for the proposed change.
The existing boundaries appear to be logically drawn, based on the
time when they were de:ermined.
J Whether changed or changing conditions make the passage of the proposed
amendment. (rezone) ne('essary.
A s Collier County grows and is growing, the need for additional
educational facilities bo'h private and public are necessary. The growth of the
Community School reqdres construction of additional facilities on their existing ampus,
requiring the relocation ,)fthe athletic facilities on this property under rezoning.
6 Whether the propostd change will adversely influence living conditions in the
neighborhood
This property is not located adjacent to any residential property and
would not be changing any living conditions.
7 Whether the proposed change will create or excessively increase trq/jU: congesj'ion or
create types of traffic del~med incompatible with surrounding land uses, because of peak
,'olumes or projected types ofvehicu1ar traffic, including activity during constructi"n
phases of lhe developmelll, or otherwise offict public softty.
TIle proposed change will have minor changes in traffic. Th,
proposed use is for expansion of the athletic facilities of the Community School, which
by itself will not generab~ additional traffic. Ifin the future, the school wishes to co::1StrUct
Agenda Item No. 17E
May 25, 2004
Page 19 of 33
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classroom facilities on tills site, they will have to provide a TIS at that time.
(~ Whether the proposi!d change will create a drainage problem.
The site will be incorporated into the existing Community School
drainage system, which is regulated by the SFWMD, and no drainage problems are
anticipated.
9 Whether the proposc'd change will seriously reduce light and air to adjacent arc~as.
The site is currently planned for athletic fields, which will
essentially consist ofhu'ge open spaces, which will not affect light or air to adjacen1 areas.
10 Whether Jhe proposE'd change will seriously affect property values in the adjacent
area.
T:le area is currently increasing in value. The development of this
site from agricultural to private school facilities would be expected to raise the property
.values.
11 Whether the proposed c~nge will be a dete"ent to the improvement or development
of adjacent property in t.!ccordance with existing regulations.
Development of this site would not be expected to deter
development of any nemby properties.
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12. Whether the proposl!d change will constitute a grant of special privilege to an
individual owner as con/rasted with the public welfare.
N) special privilege will be granted by the rezoning of this
property.
J 3. Whether there are substantial reasons why the property cannot be used in accoNlance
with existing zoning.
The existing zoning is agriculture, development of Collier
County has left several i:;olated agricultmal parcels, such as this, that are being dev,:loped
over time.
14. Whether the change ~;uggested is out of scale with the needs of the neighborhood or
the county.
TIle current school serves the needs of the County and due tc the
County's growth, it is Dc(:essaIy to provide additional private school facilities such liS this
proposal.
15. Whether U is impossi~le to find other adequate sites in the county for the proposed
use in districts already p~rmitting such use.
Almost all zoning districts require rezoning or a conditional
use to permit the development of educational facilities. Any similar sized parcel b the
.- County would also require zoning action.
Agenda Item No. 17E
May 25. 2004
Page 20 of 33
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J 6. The physical chortrcteristics of the property and the degree of site alteration which
would be required to nJake the property usable for any of the range of potential uses
under the proposed zo.'Jing classification.
The property is currently a farm field which will require
minimwn changes to llse the site for athletic fields. Minimal fill will be required to
develop the property, u on-site water management lakes will provide some fill for the
site.
17. The impact of deve lopment on the availability of adequate public facilities "",r
services consistent wit.', the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County Adequate
Public Facilities Ordillance [Code ch. 106, art. II], as amended.
'The rezone of this site to CF would be expected to have les:l impact
on public facilities tlulll development into a residential development, as anticipated by
the growth management plan. The availability of public facilities, such as water, sewer,
. roads and emergency ;ervices will be confmned during permitting of the site, although,
the proposed current Illan (athletic fields) will have minimal, if any impact on public
facilities and services.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important iJ1 the protection of the public health, safety, and welfare.
Agenda Item No. 17E
May 25, 2004
Page 21 of 33
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<- 17. The impact of devdopment on the avaiklbility of adequate pubUc facilities Qnll
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services consistent with the 1eve1s of service adopted in the ColJkr County grGwth .
management plan and as defined and implemented through the Collier County
Adequate Public } QciUties Ordinance [Code ch. 106, art. 11]. as amended
J 8. Such other factor3, standards, or criteria that the board of county commisslOlrers
shall deem imponJl1t In the protection of the public health, safety, and we1fa1e.
9. ~ IlHtrictioDI: The County is IcgaUy preduded from enforcing -deed restrictions,
howeYeflt many CODmllmities have adopted such restrictions. You may wish to cc.ntact the
civic or property OWUet'S association in the area for which this use is being RqLlested in
order to ascertain whether or not the request is affected by existing deed restrictiCGI.
10. lfeVious lAnd ale lH:~tlODS on the Babied DrooertYl To your knowledge, ba:J a public
hearing been held on this property within the last yeatl If so, what was the nature oftbat
hearing? No
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11. Additional Submittal ~ujremeDts=- In addition to this completed application, the
following shaD be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pT1,..application meeting notes;
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b . If this rezone is heing requested for a specific u~ provide fifteen (1 S) copins of a 24"
x 36" conceptual site p1an(16 copies ufor affordable housing) [and one reduced 8~"
x 11" copy of lite. plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPC]; <
. aD existing and proposed structureS and the dimensions thereof:
. provisions fhr existing and/or proposed ingress and egress (mcluding p.:destrian
ingresS and c~ess to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [mclude matrix. indicating
required and provided parkins and loadin~ including required parking for the
disabled],
. required yards, open spaCe and preserve areas,
. proposed lo~ons for utilities (as well as location of existing utility services to
the site),
. proposed u.dlor existing landscaping and buffering as may be required by the
County,
c . An architectuml rendering of any proposed structureS.
-
d. An Enviromnentallmpact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
Agenda Item No. 17E
J1Z1'l~TION JPOR 'IOtlBLlC BEARlNG I'ORIIT.lNDAllD 1I1t7nNlt- aI3GOJ May 25.2004
Page 22 of 33
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e. Whether or not an BlS is r~ two copies of a rcc::ent aerial pbotograp-b, (taken,
within the previcus twelve months), onnimum scale of one inch equals 400 feet, abal1
be submitted. ~.aid aerial shall identifY plant and/or wildlife habitats zlDd their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additi-onally, a
calculation oftb: acreage (or square feet) ofnative vegetation on site, by 8J~ and a
calculation and Iocation(s) of the required portion of native vcgctati(m to be
preserved (per IDC Section 3.9.5.S.4.).
f. StateJ1V'-ftl ofutility provisions (with aU required attacbmcntS and aketcbes)~
g. A Traffic Impact S~ (TIS), unless waived at the pro-application meeting;
".
h . A historical an d archeological survey or waiver application if property is located
within an area of historical or archaeological probability (as idcntifid at pro-
application mee ting)~
i. Any additional requirements as may be applicable to specific conditional uses and
identified durinS the pre-apptication meeting, including but not limited to any required
state or federal permits.
MfI..1CA TIOf'C FOR 1'1TIILIC BE.ABJ 1'fO POR ST ANDAJU) 1I1f7nN'R - a2I1OGZ Agenda Item No. 17E
May 25, 2004
Page 23 of 33
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gATFMF.NT OF 1JT)]JTY fROVlSIONS FOR STANDARD REZONE JtEDum
1. NAME OF APPLICANT: - Community School of NaDIes.. IDe. -
2. MARJNG ADDlWtS: 13275 UviDnton Rd.
em: NaDia STATE FL ZIP HW'
3. ADDRESS OF SUBJECI' PROPERTY (IF AVAILABLE): 13175 Livinatll R4L
4- LEGAL DESCRIP1:10N:
Section: 12 ~ TOWD.bip: 4~ Ran Ie: 15
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Lot: Block: Subdivision:
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Plat Book I'ale N: Property LD.N: 001!63WOOO
Metes" Bounds J)~cription: .ee attatcbed
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check a~e -:ystem):
a. coUNTY UTILITY SYSTEM '
b. CITY UTILITi SYSTEM 0
C. FRANCHISEE' UTILITY SySTEM 0
PROVIDE NAME
d. PACKAGE THEATMENT pLANT 0
(GPD capadty)
.. sEPTIC SYS1EM 0
6. TYPE OF WATER SERVICE TO BE PROVIDED: ;tf
a. COUNTYUTJLlTYSYSTEM
b. CITY UTILITV SYSTEM
c. FRANCHISEn UTILITY SYSTEM 0
PROVIDE N)~
.- d. PRIVATE SYSTEM (WELL) 0
Agenda Item No. 17E '
AlJ1,JCATlON '0. "'!RLle IIEAlt lI1P POR lIT ANDARD 1I1l7nNl!. - 02J2001 May 25,2004
Page 24 of 33
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.. TOTAL pOPULAll ON TO BE SERVED: -"861 studeats
7.
8. pEAK AND AVERAGE DAlLY DEMANDS:
A. WATER-PEAK fl.OOO AVERAGEDAaY 13 .000
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B. SEWEJl-PV.K J2.000 AVERAGEDAaY 13.000
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9. IF PROpOSING TO BE CONNEcrED TO COLJ.ff~ COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECrED TO
BE REQUIRED: _~ctin, .
to. NARRATIVE STATEMENT: Provide a brief and concise narrative stateanem and
schematic drawing of sewage treatment process to be used as well u a specific stat~
regarding the method of eft1uent and sludge disposal. If percolation ponds arc UI be ~
then percolation data and soil involved sbaI1 be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the :~roject is
located within the services boundaries of CoDier County's utility service systallp written
notarized statement fha11 be provided agreeing to dedicate to CoDier County Utilities the
water distribution anti sewage collection facilities within the project area upon completion
of the construction 0 f these facilities in accordance with all applicable County (Irdw.~
in effect at the at me. This statement shaD also include an agreement that the applicable
system development charges and connection fees will be paid to the County Utilities
Division prior to tllc issuance of building permits by the County. If applicable, the
statement shall contain shaD contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systemS.
u. STATEMENT OF AVAlLABD..JTY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otterwise provided for at the pre-application meeting. if the project is to
receive sewer or p(ltable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
sball be provided.
u.t;1 ~ Sl.' ~IUM JM'71.1'7
Agenda Item No. 17E
~JCATJON JI'OR PllIIUC Hf.AIU~ FOR ITANDAItD RR7JONE-mJ1IIZ May 25, 2004
Page 25 of 33
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. STANl)A.RD REZONE APPLICATION
~IUBMITIAL CHECKLIST "
THIS COMPLETED cmtCKLIST IS TO BE SUBMI1TED WITII APPLICATION
PACKET!
REQUIRliMENTS ##or NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15* X
%. Copy orDeed(') a.d list ideatifyiag OwDer(S) aDd aD 2* X
Partnen U' a Coroontioll
3. Completed OwDer/AgeDt AfI"adavit, Notarized 2* X
4. Pre-application notes/mil lata 15* X
S- Co.ceptual Site PIaDI IS* X
6. EnvironmeDtaI Impact S tatemeDt - (EIS) 4 X
7. Aerial Pbotograph - (witll babitat area. identified) S* X
8. Completed Utility proviJioDJ StatemeDt (with required 4 X
attachmeDts aDd .ketcbes)
9. Traffic Impact Statemeat - (TIS) 4 X
- 10. Historical" Archaeological Survey or Waiver 4 X
A DDlicatioD
11. Copies or State a.d/or Federal Permits 4 X
I%. Architectural ReDderinl of Proposed Structure(.) 4 X
13. ApplicatioD F~ Data CODvenioD Fee, Check. sbaD be - X
made payable to Collier COUDty Board of
CommusioDen
14. PUBLIC PARTICIPATION MEETING: X
APPLICATION SUBMlTfAL:
Copy of Aflidavit attesting that aD property owaen,
civic associatioD' " pro:perty OWDer usociatioDJ were
notified.
Copy of audiolvideo recording or public meeting
Written accouDt of meetiDl
. IS. Other RequirelDellts -
. ~ts fcquired for Lcm&-RaDF PIaDDiD& R.evic:w.1 additioaal copy iffor a1Jord8ble bousiDa
M the authorized ageatlllpllUc:ant for this petitioa. J attest that all of the jnformatioG i~ OD tbiJ cbeclc1. is
- iDc1uded in this sabmiUal pId;aI~ I UDdcrstaDd that failure to lDcludc all access-wy submittal iDformutkm may
result in the delay ofpl<<c-i", Ibis pcti!ioa.
~~~~~ 7P/#:?
Aga1tI til, ignature 9.~nda Item No. 17E
Al,F'UCATJON "OR JIIJRLICBEARlltG roR STANDARD IlUDNE-ft!I2IOZ May 25, 2004
Page 26 of 33
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A.F~IDA VIT
The undersigned, _ Kenneth R. Johnson. being first duly sworn, deposes and says that
Community School of Naples, Inc., a Florida corporation not-for-profit ("CSN"), is the owner of the
property described herein .md which is the subject matter of the proposed hearing; that all of the
answers to the questions i:1 this application, including the disclosure of interest information, all
sketches, data, and other S\lpplementary matter attached to and made a part of this application, are
honest and true to the beS1: of our knowledge and belief. The undersigned understands that the
infonnation requested on tl:is application must be complete and accurate and that the cODtent of this
fonn, whether computer generated or County printed shall not be altered. Public hearings will not
be advertIsed until this application is deemed complete, and all required infonnatic,n has been
submitted.
As property owner, CSN further authorizes TERRANCE KEPPLE to ac t as CSN's
representative in any matte::-s regarding this Petition.
COMMUNITY SCHOOL OF NAPLES, INC.,
a Florida corporation not-for-profit
By:
KENNETIl R.
Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
,
SWORN TO AND SUBSCRIBED before me on this JJ..:fh day of June, 2003, by KENNETH
R. JOHNSON, lk.> who is personally known to me, or L..J who produced his ~rrs license
as identification, as a Vice president and on behalf of COMMUNITY SCHOOL OF NAPLES, INC.,
a Florida corporation not-fol'-profit.
G) -_..~
: i-1 MY C(lUI.lISSI(:W . D) 0742Q
. . EXI'IfES: u.dIl, 2001 Notary P blic
1lIIIlII1IlII"'" Ntc"........
Print Name:
State of Florida at Large
My Commission Expires:
(Notary Seal)
Agenda Item No. 17E
C:\CSN\KRJ May 25, 2004
SOP Affidavit Page 27 of 33
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. -~3/J,,/~(103..J.~t~3... ..K3..9..5,~.B... r'Il:I.J:'-4J')-llltl hr U 2003 9:n r :I,?
'/', ',', . 3097~67 OR: 317~' ?G~ D03i
" . ~ , .... lIe0lDll1uIfICUl. UClUi (f :0;1 Llt~ c-31I'I1, t;.
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WARRANT\' DEIm. I
nrs OmID is made o.D. Ibis l"~ day of ~t 2002~1 b,eM.'cn MORt:] fER J.
IF,Vil'P, a:w bwwn as M.J. PROPP, EPHRAIM PROPP, aDd :LEN f'ROPJt Jt~lJ_::K.
km~rly k.1OWD as F.ELEN PROPP. whose address is: 405 Park ..vem:.t'1 s,\lte J JO:t. .N:'.....
1.";1"1:., NY 10022.9411) (tbe,-Oranlors-), aDd COMMUNITY SCH I It OF N.\PI.ES, me. ;~
fiiQ~(:a CC'tpOI'Ition l1Ot-for-proftt (the -OraDtee-). wbole post fff'lC~ a1jr:!t, 13: t ;::-::
L:I':.Dtstob Road, N'Fles. FL 34109.
Tht Gramers. in CODSideladoa or the sum of TEN' AND l\)1100 I:OIL\:~ :~ :.~I.L'.:"
tr.d other t.)Od lad valuable considerations to Ja.id Grantor in hud ~:.d b)' G:,~, 6" ,~:e:::';,
u':1 sufficicutY ntw.bil:h is her!by acbowledged. haw ifanted. twk,~ 1Jld !'ol.-J ." ~'j~ :~:.:!
:1 3'Otce an I Oranbic:'s bclrs, successors and asslgD' fote'lW, the ~(ll' wms '~?1lb"t ?i:,:.>r:-;J.
;~ u:lt!d, lY'D.e and being in Collier County, Florida. to wit:
A pMCe.1 of Jand located in SecUoo J2, To"rtUb:p 49 nh, RJrl...!.t
~ Ed, Collier County, Florida., more p.WcuIarly ducritcd on .
Er.hibit 'A., atticbed hereto and made. Van b~f 1 rden:::l:c. . ..
Collier C",mty Tu Polio Nos. 002~S6(0)()6 aDd ~';61))1I'):~ ,
SUBJECT TO: :eal estate taus fot the ]'ear 2003 and~O~qll-:nt . . ,;"
yeln; %olliDJ IDd use re!triedonl imposed by ~ em:nc:[ tn!.
autbority; and elseroents, restrlctiODS aDd rauvatt.4 of ree.m. ,
<mDlOrS repteSW1t and wamDt that the subject ~)~.. is
uoUnprov,:d and ncw land and Dot the bomestead of *,y Gf31Y.l.'l
or my munber crf tbeir mpcctive !ami!)'. I ". .
ADd said On.utou hereby fully wmlDt the title to uJd land'jfJld ~.in defnd ..he ~:r.1):'
l1'bll~rM J':.'tp"rtd I?-J'
L ,-,,'
ilefUb//P --> Xt..~ It. .'oIl1"~ !:q.
Gcoatfl'* C(blall A 1'\II~l"7l. 1'.....
c:\!:r..1\Jltds 'OO~;'1IlIIIn '2'ndf No:1J1, S!;;: 1:13'>
C'rrcnlitr Set xli ~. fL "'Je')
,"" ,.; 2 "
(Pap J of6) .
. Agenda Item No. 17E
....C;: :~t~.~,: . . . .'. .' . . May 25,'.,20e4!:.":
. . ';.::..,: ~:-.~. .... ..I..:~. ,. :':.: ~.:..~...:... :':.,:\ . ,"' . ;. 7. I ", .
'~~"r.~.:...,.:: . :>'..:' '. .':'.,':'-.- ...f -. ..:,-.,.:....i~:.i..;.....'-lY.:~;I.,R,8P.~.2~.df~~:
1....-:. ':.1. ~ . . .....'.:L:.;...:I~.:~... ". ...J!"ihI.II..........t.~........ ..' .~'\ .. .
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-
Legal Description
COMUENClNH AT lHE SOUTH 1/4 CORNER OF SECTION
12. TOWNSHIP 49 SOUTH, RANGE 25 EAST, THENCE
589'32'07-E FOR 1385.93' FEET: THENCE RUN
NOO'OS'54-"" FOR 7S.OO' FEET; THENCE CONTINUE
NOO'OS'54.W FOR 2465.42' FEET TO THE POINT a:
BEGINNING; THENCE Noo'04'03-W FOR 100.20' FEET:
THENCE NOCl'21'43-W FOR 1232.6S' FEET .TO A POINT
ON THE SOlllHERLY RIGHT-OF-WAY Of' A PUBUC
SCHOOL ACCESS DR1~ THENCE ALONG SAID
RIGHT-OF-~'AY, RUN 589"26'27-E FOR 216.38' FEET:
THENCE ALeNG A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 285.00' FEET, A
CHORD BEAftlNG OF S66'56'2TE, A CHORD OF 218.13'
FEET, AN AHC OF 223.S4', A DELTA OF 45'00'00.:
THENCE LEAVING SAID CURVE RUN 544'26'27-E FOR
- 156.37' FEE"r; THENCE ALONG A CURVE CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 385.00' FEET, A
CHORD BEAHING OF S66'56'2TE. A CHORD OF 294.67'
FEET, AN AHC OF 302.38', A DElTA OF 45'00'00.:
lHENCE LEA VlNG SAID CURVE. RUN S89'26'2TE FOR
287.29' FEET: THENCE LEAVING SAID SOUTHERLY
RIGHT-OF-WAY OF PUBUC SCH<f:lL ACCESS ROAD, RUN
Soo'49'52-E FOR 14S.22' FEET: THENCE NS9'10'OS-E
FOR 10.00' I:"EET: THENCE SOO'49'52-E FOR 879.0S'
FEET: THENCE N89'33'04-W FOR 1101.95' FEET TO THE
POINT OF Bt:GlNNING.
RZ-2003-AR'.4937
- Exh ibit A
Agenda Item No. 17E
May 25.2004
Page 30 of 33
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ORDINANCE NO. 04 -_
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATI..AS MAP
NUMBERED 9512S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY
LOCATED SOUTH OF THIS PROPERTY IN SECTION 12,
TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, FROM "A" RURAL AGRICULTURAL TO "CF"
COMMUNITY FACILITY TO ALLOW FOR THE EXPANSION OF
THE EXISTING SCHOOL FACILITIES; PROVIDING FOR STAFF
AND PLANNING COMMISSION STIPULATIONS; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS. Terrance Kepple of Kepple Engineering, Incorporated, representing Community
School of Naples Incorporated, in Pctition RZr2003.AR.4937, petitioned the Board of County
Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioncrs of Collicr
County, Florida, that:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit "A",
attached hereto and incorporated by reference herein, and located in Section 12, Township 49 South,
Range 25 East, Collier County, Florida, is changed from" A" Rural Agricultural to "CF" Community
Facility and the Official Zoning Atlas Map numbered 9512S, as described in Ordinance 91-102, the
Collier County Land Development Code is hereby amended accordingly. The herein described real
property is the sanJe for which the rezone is hereby approved subject to the property owners installing a
Type D landscape buffer along the Livingston Road frontage within one year of the approval of this
rezone request.
SECTION TWO:
This Ordinance shall become effcctivc upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _ day of .2004.
A TrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY: -
Deputy Clerk DONNA FIALA, CHAIRMAN
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Patrick G. White
Assistant County Anomey Agenda Item No. 17E
Attachment: Exhibit A-Legal Description May 25, 2004
Page 1 of 2 Page 31 of 33
- Legal Description
COIoI...ENCHG AT lHE SOUlH 1/4 CORNER or SEcnON
12, TO~iHIf' 49 saJn-l. RANGE: 2! EAST, lHENCE
589"32'07'E FOR 1~93' FUT: lHENCE RUH
NOO'OS'S4"W FOR 75.00' f[[l; lHENCE CON1lNV(
NoO'O~r~4"W F'OR 24615.42' FEET 10 tHE paNT or
8EClHNlI4(~ lHtNIX NOO"04'QJ"'Wf FOR 100.20' F'EET:
'THENCE tiOO'2l'4.YW f'M 1232.65' fEET TO A POINT
ON '!H! SCOtHERlY RIGHT-oF-WAY or It PU8UC
SCHOOl. ~CCESS ORI\lE; lHENCE AlONG SAID
RICHT-<lF-WAV, RUN 589'26'27"[ FOR 216.38' f'E[l':
'!HENCf ALOttG A. CURVr ~CAVE ro lJlE::
SOlJ11iWE~,T, HAVING" RADIUS Of' 285,00' FEET. "
QfORO MARIHG or S&eW'ZrE. At a.ORO Of' 21S.U'
re:t:T. AN ARC or 223.&4'. A DElTA or ~OO':
'!HENCE tJ~~NG S.4JO CUR\'E RU~ 54478'27"[ F'OR
156.3T REf: 1HENCE ALONG At CUR\E CXiHC"VE TO
lM! NORT,-tEAST. HAw.G A RADIUS or 38~OO' FlIT, "
CHORD 8e~IHC or S6a-s&'2rE. " OiORO or 2M.aT
FtET, Nt ARC or 302.311'. A DElTA OF 45'00'00";
ThENCE U:AVlHG S.4JO OJR'it:. R\lN S89'2S'2TE FOR
2117.29' A:ETi THENCE LLAWfC SAJO SOUTHERLY
RlCHT-Of"'WAY or PUllUC scmtt. ACCESS RO...o. ~
SOO'49'S2"[ FOR '4~12' f'tET, '!HENCE N89'1O'OB""E
FOR 10.00' f'ttT; ThENCE SOO"-49'52'E FOR 8711.08"
F'EET: THe:~CE Ne9.JJ.04...., FOR 1101.9S' fEET TO lHE
PQ.'1T OF BEGlNNINC.
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RZ-2003-PR-4937
Exhibit A
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Agenda Item No. 17E
May 25, 2004
Page 2 of 2 Page 32 of 33
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3806 Exchange Avenue. Noples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787
Community School of Naples
Trip Generation
2003
The school, with the. proposed additions, will have capacity for 850 students on campus. lbe existing
campus provides classrooms fot approximately 750 students. In accordance with the ITE Trip
Generation Manual, 6th Edition. trip generation is as follows:
Weekday - Peak AM of'adjacent street
0.92 trips/student
0.92 x 850 =782 trips
600icl entt; r, 400icl exiting
(469 entu}(313 exit)
Weekday - Peak PM of adjacent street
0.2 trips/student
0.2 x 85e = 170 trips
38% entu, 62% exiting
(65 enter) (105 exit)
Weekday - Peak AM of generator
0.92 trips/student
0.92 x 8~ 0 = 782.2 trips
600icl entu, 40% exiting
(469 ente r) (313 exit)
Weekday - Peak PM of generator
0.64 trips/student
0.64 x 8~ 0 = 544 trips
46% enter, 54% exiting
(250 entu) (294 exit)
The existing student population of 750, is 88% of the final student population of850. The expected
increase in traffic is therefore 1~:% of the totals shown above.
.
Agenda Item No. 17E
May 25, 2004
Page 33 of 33
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EXECUTIVE SUMMARY
A Resolution of the Board of County Commissioners of Collier County, Florida, finding a
blighted area to exist and expanding the boundaries of the Irnmokalee Community
Redevelopment Area.
OBJECTIVE: Recommendation by the Community Redevelopment Agency to the Board of
County Commissioners (BCC) to expand the boundaries of the Immokalee Community
Redevelopment Area.
CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted
Resolution 2000-82, determining that two areas in unincorporated Collier County-the
Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of blight, as
defined in Section 163.340 (8) of Florida Statutes. According to the Board, the rehabilitation,
conservation or redevelopment of these areas, or a combination thereof, was necessary in the
interest of the public health, safety, morals or welfare of the residents of Collier County.
As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County
Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of
Florida Statutes, declared the Board of County Commissioners as the CRA Board. This
resolution also provided for the creation of two advisory boards for each of the newly designated
-, community redevelopment areas, which were to be composed of citizens, residents, property
owners and business owners (or persons engaged in business) in these areas.
Four years after its creation, on March 26, 2004, the Immokalee Local Redevelopment Advisory
Board met and recommended the expansion of the boundaries of the Immokalee Community
Redevelopment Area, as set forth in Exhibit A (a legal description of the areas proposed for
inclusion will be provided to the BCC). In accordance with Section 163.340 (8), Florida Statutes,
areas may only be declared "blighted," and thereby qualify for CRA status, if they meet at least
two of the 14 statutory criteria for blight. Based upon a subsequent review of the areas proposed
by the Advisory Board for inclusion within the Immokalee Community Redevelopment Area
(depicted as hatched areas in Exhibit A), staff found that the following existing conditions met
the statutory criteria for "blight":
. A faulty and inadequate lot layout in relation to size, adequacy, accessibility, or
usefulness; and
. The aggregate assessed values of real property in the area for ad valorem tax purposes
have failed to show any appreciable increase over the past five years; and
. There is inadequate and outdated building density patterns; and
. There are unsanitary and unsafe conditions; and
. There has been a deterioration of site and other improvements.
On April 13, 2004 staff presented and the BCC approved several economic incentives that were
recommended by the Immokalee Local Redevelopment Advisory Board. The adopted economic
,- incentives will be utilized within the areas of the CRA proposed for expansion.
Agenda Item No. 17F
May 25,2004
Page 1 of 8
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.__."~.,,._--,---._"~ .,--
At the May 11, 2004 BCC meeting, the Board, acting as the CRA, approved Agenda item No.
16A13-as recommended by staff and endorsed by the lmmokalee Local Redevelopment
Advisory Board- to expand the boundaries of the lmmokalee Community Redevelopment Area.
FISCAL IMPACT: Presently, all ad valorem taxes for properties contained in the proposed new
areas are deposited into the County's general fund. However, if the proposed Resolution is
adopted by the BCC, once the appraised property values for the base tax year are established, all
future ad valorem tax increments will be deposited into the lmmokalee CRA fund (186) rather
than the County's general fund.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County that may consider alternative land use plans, modifications to development
standards, and incentives to encourage redevelopment.
ADVISORY BOARD RECOMMENDATION: As previously stated, the lmmokalee Local
Redevelopment Advisory Board met on March 26, 2004 to recommend an expansion of the
boundaries of the CRA to incorporate the adjacent areas depicted as hatched areas in Exhibit A.
STAFF RECOMMEl\TDATION: Because of the presence of blighted conditions (as defined in
Section 163.340 (8), Florida Statutes) in areas contiguous to the existing lmmokalee
- Redevelopment Area, Comprehensive Planning recommends that the CRA recommend to the
BCC the expansion of the boundaries of the lmmokalee Redevelopment Area to incorporate the
areas depicted with hatched marks in Exhibit A. Expansion of the Redevelopment Area is in the
interest of the public health, safety, morals or welfare of the residents of Collier County, Florida.
-
Agenda Item No. 17F
May 25, 2004
Page 2 of 8
,,-
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS
Item Number 17F
Item Summary A Resolution of the Board of County Commissioners of Collier County, Florida,
Finding a Blighted Area to Exist, and Expanding the Boundaries 01 the
Immokalee Community Redevelopment Area.
Meeting Date 5/25/2004 9:00:00 AM
Prepared By
John-David Moss Senior Planner
Community Development & Comprehensive Planning
Environmental Services
Approl'ed By
Randall J, Cohen Commulnty Planning and
Redevelopment Manager Date
Community Development & Comprehensive Planning
Environmental Services 5/11/20043:34 PM
Approl'ed By
Constance A, Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin, 5/13120044:47 PM
Approved By
Sandra lea Executive Secretary Date
- Community Development & Community Development &
Environmental Services Environmental Services Admin. 5113/2004 9:47 AM
Approved By
David Weeks, AICP Chief Planner Date
Community Development &
Environmental Services Comprehensive Planning 5/13/20044:17 PM
Apprond By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5/17/200410:00 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/17/2004 3:25 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/19/200411:40 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/19/2004 1:09 PM
-
Agenda Item No. 17F
May 25, 2004
Page 3 of 8
".....-...--.-- ..-.. .--
RESOLUTION NO. 2004 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FINDING A BLIGHTED AREA TO EXIST,
AND EXPANDING THE BOUNDARIES OF THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA.
WHEREAS, on March 14, 2000, the Board of County Commissioners of Collier
County, Florida (Board) adopted Resolution No. 2000-82, finding a specified area of
Immokalee to be blighted and creating the Immokalee Community Redevelopment
Area; and
WHEREAS, on March 26, 2004, the Immokalee Local Redevelopment Advisory
Board met and recommended expansion of the boundaries of the Immokalee
Community Redevelopment Area (Area), as set forth in Exhibit A (Expanded Area); and
WHEREAS, on April 13, 2004, the Board received and considered a report and
presentation by County staff identifying current economic conditions and considered the
applicability of various economic incentives within this Expanded Area; and
WHEREAS, after having considered the determinations and the facts and
evidence of conditions in the Expanded Area and having received and considered such
other evidence of the conditions in the Expanded Area presented to it, the Board now
desires to proceed in accordance with the authorization and powers granted by Part III,
Chapter 163, Florida Statutes, to establish the necessary means by which
redevelopment can be accomplished in the Expanded Area and that certain actions are
appropriate and necessary and should be taken to address the conditions now present
and expected to be present in the Expanded Area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Findings. The Board of County Commissioners, consistent with ~
163.355, Fla. Stat. (2003), does hereby find:
(a) Based upon the facts and evidence presented to and considered by the
Board that the following conditions exist in the Expanded Area proposed to be added to
the existing Immokalee Community Redevelopment Area:
1. Past conditions continue to be present in the Expanded tg~~~BtltWA, No. 17F
May 25, 2004
Page 1 of 3 Page 4 of 8
_.
detrimental to the sound growth of the County and which substantially impair or arrest
the growth within the Expanded Area, and present conditions and uses in the Expanded
Area are detrimental to the public health, safety, morals and public welfare; and
2. There is a faulty and inadequate lot layout in relation to size, adequacy,
accessibility, or usefulness to the Expanded Area; and
3. The aggregate assessed values of real property in the Expanded Area for ad
valorem tax purposes have failed to show any appreciable increase over the past five
years; and
4. There are inadequate and outdated building density patterns in the Expanded
Area; and
5. There are unsanitary and unsafe conditions in the Expanded Area; and
6. There has been a deterioration of site and other improvements in the
Expanded Area.
(b) The notices required by Section 163.346 and Section 163.361 (3), Florida
Statutes (2003), have been timely published or mailed in accordance with said statutes.
.-
(c) Action must be taken immediately to prevent further blight and deterioration
and to protect and enhance public expenditures previously made in the Expanded Area.
Section 2. Findino of Necessity. The Board of County Commissioners, based
upon the evidence presented to it and in the public record with respect to the conditions
found in Section 1 (a), above, finds that a "blighted area" as defined in Section 163.340
(8), Florida Statutes, exists within the boundaries of Collier County in the area identified,
described, and depicted on Exhibit A, attached hereto and made a part of this
Resolution (the Expanded Area), and further finds that the rehabilitation, conservation,
or redevelopment, or a combination thereof, of such Expanded Area described is
necessary in the interest of the public health, safety, morals or welfare of the residents
of Collier County, Florida.
Section 3. Community Redevelooment Area. Based upon the facts presented
and contained in the public record, the Board of County Commissioners finds the
Expanded Area constitutes a "community redevelopment area" as defined in Section
163.340 (10), Florida Statutes (2003), and hereby adds the Expanded Area to the
-
Immokalee Community Redevelopment Area.
Section 4. Conflicts. All resolutions and parts of resolutions in cA~'€n8'~hIMm No. 17F
May 25, 2004
Page 2 of 3 Page 5 of 8
. .--.- "",- ._..
of the provisions of this resolution are hereby repealed, provided, however, nothing
herein is intended nor should be applied to affect, repeal, alter, amend or supersede
any previous resolutions adopted by the Board of County Commissioners finding any
other area or areas within Collier County to be a "blighted area" for purposes of the
Community Redevelopment Act, specifically including Resolution 2003-82.
Section 5. Severability. If any section or portion of a section of this Resolution,
including any part of Exhibit A, proves to be invalid, unlawful, or unconstitutional, it shall
not be held to invalidate or impair the validity, force, or effect of any other section or part
of this resolution. Should any area constituting part of the Expanded Area be severed
from the Expanded Area by a court of competent jurisdiction, the remainder shall
constitute part of the Immokalee Community Redevelopment Area for purposes of this
Resolution.
Section 6. Effective Date, This Resolution shall become effective immediately
upon adoption.
This Resolution adopted after motion, second and majority vote this _ day of
,2004.
ATIEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk By:
DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
Patrick G. White
Assistant County Attorney
Agenda Item No. 17F
May 25, 2004
Page 3 of 3 Page 6 of 8
,.-,
Exhibit A
(Sheet 1 of 2)
ExistIng & Proposed Community Redevelopment Area
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Agenda Item No. 17F
May 25, 2004
Page 7 of 8
~_.,~..'- ~--., ."~.~~ --.~ ..-----..--.-..-..--
EXHffiIT A
(Sheet 2 of 2)
Description of the Expanded Areas of the Immokalee
Community Redevelopment Area (Area)
In addition to the area described in Exhibit A of Resolution 2000-82, the Immokalee
Community Redevelopment Area shall be expanded to include the following areas:
Township 46 South, Range 28 East, Sections 26,27,34 and that portion of Section 35 not
already included in the Area; Township 47 South, Range 28 East, the northern halves of
Sections 2 and 3; Township 47 South, Range 29 East, Sections 7 and 8; Township 46
South, Range 30 East, Sections 30 and 31; and Township 46 South, Range 29 East, those
portions of Sections 25 and 36 not already included in the Area.
Agenda Item No. 17F
May 25, 2004
Page 8 of 8
.--
EXECUTIVE SUMMARY
A Resolution of the Board of County Commissioners of Collier County, Florida, to amend
the Immokalee Community Redevelopment Plan.
OBJECTIVE: Recommendation by the Community Redevelopment Agency to the Board of
County Commissioners (BCC) to amend the Immokalee Redevelopment Area Plan as necessary
to allow for additional residential and economic incentive programs.
CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted
Resolution 2000-82, determining that two areas in unincorporated Collier County-the
Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of blight, as
defined in Section 163.340 (8) of Florida Statutes. According to the Board, the rehabilitation,
conservation or redevelopment of these areas, or a combination thereof, was necessary in the
interest of the public health, safety, morals or welfare of the residents of Collier County.
As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County
Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of
Florida Statutes, declared the Board of County Commissioners as the CRA Board. This
resolution also provided for the creation of two advisory boards for each of the newly designated
community redevelopment areas, which were to be composed of citizens, residents, property
- owners and business owners (or persons engaged in business) in these areas.
On May 23, 2000 the Collier County CRA met for the first time. As required by State Statute, a
redevelopment plan that provided a framework for the effective redevelopment of the
Community Redevelopment Area was eventually prepared and presented to the Collier County
Planning Commission, the CRA Board, and the Board of County Commissioners. The BCC
adopted the Collier County Community Redevelopment Plan, as set forth in Resolution 2000-
181, on June 13, 2000. The Plan outlined goals for each community redevelopment area and
recognized several funding sources for their implementation, including the use of Tax Increment
Financing (TIF).
On November 18, 2003, the BCC approved the Residential Impact Fee Deferral Program, the
Fee Payment Assistance Program, the Property Tax Stimulus Program, the Broadband
Infrastructure Program and the Job Creation Program. On December 3, 2003, the Immokalee
Local Redevelopment Advisory Board met and recommended that the Immokalee
Redevelopment Area Plan be amended to allow for the aforementioned residential and economic
incentive programs, as well as any additional residential and economic incentive programs.
At the May 11, 2004 BCC meeting, the Board, acting as the CRA, approved Agenda item No.
16A12-as recommended by staff and endorsed by the Immokalee Local Redevelopment
Advisory Board-to amend the Immokalee Redevelopment Area Plan as necessary to allow for
additional residential and economic incentive programs.
-
Agenda Item No. 17G
May 25,2004
Page 1 of 7
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- -~_.- - ~".".'.~._.M<O"'" "..'O~,.."'~,...._._"'_...~_.~"._,.
FISCAL IMPACT: Presently, all ad valorem tax increments for properties contained within the
Immokalee Community Redevelopment Area are deposited into the County's general ad valorem
fund.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County that may consider alternative land use plans, modifications to development
standards, and incentives to encourage redevelopment.
ADVISORY BOARD RECOMMENDATION: As previously stated, the Immokalee Local
Redevelopment Advisory Board met on December 3, 2003 to recommend that the Immokalee
Redevelopment Area Plan be amended to allow for the aforementioned residential and economic
incentive programs, as well as any additional residential and economic incentive programs.
STAFF RECOMMENDATION: That the Board of County Commissioners amend the
Immokalee Community Redevelopment Plan as necessary to allow for additional residential and
economic incentive programs.
".-
.-
Agenda Item No. 17G
May 25, 2004
Page 2 of 7
-
_. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Ilem Number 17G
Item Summary A Resolution of the Board of County Commissioners of Collier County, Florida,
to Amend the Immokalee Community Redevelopment Plan.
Meeling Date 5/25/2004 900:00 AM
Prepared By
John-David Moss Senior Planner
Community Development &
Environmental Services Comprehensive Planning
Appro\'ed By
Commulnty Planning and
Randall J. Cohen Redevelopment Manager Date
Community Development & Comprehensive Planning 5111/20043:34 PM
Environmental Services
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development & 5113/2004 4:46 PM
Environmental Services Environmental Services Admin.
Appro\'ed By
Sandra Lea Executive Secretary Date
Community Development & Community Development &
-. 5113/2004 9:47 AM
Environmental Services Environmental Services Admin.
Approved By
David Weeks. AICP Chief Planner Date
Community Development & Comprehensive Planning
Environmental Services 511312004 4: 17 PM
Appro\'ed By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 5117120049:56 AM
Appro\'ed By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5117/2004 3;07 PM
Approved By
Michael Smykowskl Management & Budget Director Date
County Manager's Office Office of Management & Budget 5117/20045:57 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/17/20047:14 PM
-
Agenda Item No. 17G
May 25, 2004
Page 3 of 7
--,._-_._~"---,-,._._,-_. ,,-,-- " ".,----".._"~-"--
RESOLUTION NO. 2004 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO AMEND THE IMMOKALEE
COMMUNITY REDEVELOPMENT PLAN.
WHEREAS, the Board of County Commissioners (Board) adopted
Resolution 2000-82 on March 14,2000. finding the existence of blighted conditions
in two areas in the unincorporated area of Collier County, as more particularly
described in that resolution (such area being referred to herein as the "Community
Redevelopment Area"); and
WHEREAS, on June 13, 2000, a Community Redevelopment Plan
addressing the redevelopment needs in the Community Redevelopment Area, as
contemplated by Part III, Chapter 163, Florida Statutes, was adopted by
Resolution 2000-181 ; and
WHEREAS, the Community Redevelopment Agency on May 11, 2004,
approved the proposed amendments to the Community Redevelopment Plan and
recommended them to the County Commission; and
WHEREAS, the proposed amendments to the Community Redevelopment
Plan are made pursuant to Section 163.361, Florida Statutes (2003), "Modification
of Community Redevelopment Plans;" and
WHEREAS, a copy of the proposed amendments to the Community
Redevelopment Plan was submitted by the Community Redevelopment Agency to
the Board of County Commissioners, as the governing body of Collier County,
Florida, and to the South Florida Water Management District; Collier County
School Board; Immokalee Fire District; and the Collier County Mosquito Control
District, as taxing authorities which levy ad valorem taxes on taxable real property
contained within the geographic boundaries of the Community Redevelopment
Area; and
WHEREAS, the notices requi red by Section 163.346, Florida Statutes
(2003), have been published and mailed by registered mail as required therein,
and a public hearing regarding the proposed amendments to the community
redevelopment plan was held.
Agenda Item No. 17G
May 25, 2004
Page 1014 Page 4 of 7
Words GtlUCk through are deleted. words underlined are added
",_.".,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporatina Recitals. The Board finds, declares and determines
that the matters set forth in the foregoing recitals are true and correct and are
incorporated herein as part of this Resolution.
Section 2. Findina of Conformance with Comprehensive Plan. The Board
hereby finds, determines and declares that the proposed amendments to the
Community Redevelopment Plan for the Community Redevelopment Area conform to
the general comprehensive plan of Collier County as a whole.
Section 3. Rndina of Adequacy of Recreational Facilities. The Board hereby
finds, determines and declares that the proposed amendments to the Community
Redevelopment Plan give due consideration to the provision of adequate park and
recreational areas and facilities that are desirable for neighborhood improvement, with
special consideration for the health, safety, and welfare of children residing in the
general vicinity of the area covered by the plan.
-
Section 4. Rndina of Relocation. The Board finds that a feasible method for the
relocation of families who will be displaced from the community redevelopment area in
decent, safe, and sanitary dwelling accommodations within their means and without
undue hardship to such families is contained in the Community Redevelopment Plan.
Section 5. Findina of Maximum Opportunity. The Board hereby finds that
although the Community Redevelopment Plan contemplates most improvements will be
undertaken by the County or the CRA, the Community Redevelopment Plan will afford
maximum opportunity, consistent with the sound needs of the County as a whole, for
the rehabilitation or redevelopment of the community redevelopment area by private
enterprise to the extent contemplated by said plan,
Section 6. Adoption of Amendments to the Community Redevelopment Plan.
The Board does hereby adopt the following amendments to the Community
Redevelopment Plan for the Community Redevelopment Area and aut.horizes and
directs the Community Redevelopment Agency to proceed with their implementation:
Section 4.7 Redevelopment Area Goals
. ..
-- Provide opportunities for adequate, safe, aOO or affordable housing. Encourage the
development of both affordable rental and homeownership through rehabilitation and
new construction. Agenda Item No. 17G
May 25,2004
Page 2 of 4 Page 5 of 7
Words &truGk through are deleted, words underlined are added
___m. .._____ -."-.".... -"''^-"
Section 4.8 PHASE I - REDEVELOPMENT ACTIVITIES
...
Neighborhood Revitalization/Housing Programs
...
Develop incentives for the construction of new affordable housing in the community
including. but not limited to. a proaram for impact fee assistance. reduced permitting
fees, land costs, and processing time.
...
Maintain, enhance or develop neighborhood parks throughout the community that are
safe and convenient for the residents.
Business/Industrial Revitalization and Proarams
Develop and implement incentive proqrams for the construction of new business or
industry and the expansion of existinq businesses and industry. includinq but not limited
to. reduced fees. fee assistance. and reduced processinq time. specificallv includinq.
but not limited to. proarams that: .
1. Provide property tax incentives;
2. Provide iob creation incentives.
Section 7. Conflicts. All resolutions and parts of resolutions in conflict with any
of the provisions of this resolution are hereby repealed, provided, however, nothing
herein is intended nor should be applied to affect, repeal, alter, amend or supersede
any previous resolutions adopted by the Board of County Commissioners adopting the
original redevelopment area and any subsequent amendments thereto.
Section 8. Severabilitv. If any section or portion of a section of this resolution,
including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional, it
shall not be held to invalidate or impair the validity, force, or effective any other section
or part of this resolution. Should either area constituting part of the Area or part thereof
shall be severed from the Area and the remainder shall constitute the Area for purposes
of this resolution.
Section 9. Effective Date. This resolution shall become effective immediately
upon its passage and adoption.
Section 10. This Resolution adopted after motion, second and majority vote this
_ day of ,2004.
ATTEST: BOARD OF COUNTY COMMISSI~a Item No. 17G
May 25,2004
Page 3 of 4 Page 6 of 7
Words ClfU{:k through are deleted. words underlined are added
-
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk By:
Donna Fiala, Chairman
Approved as to form and legal sufficiency:
Patrick G. White
Assistant County Attorney
,--.
_.
Agenda Item No. 17G
May 25, 2004
Page 4 01 4 Page 7 of 7
Words &trusk through are deleted, words underlined are added
",--- .------ ----'-,,_.~.~.
.-.,,-... -~-