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Backup Documents 05/25/2004 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 25, 2004 OS/25/2004 15:23 2392534854 NAPJ.ES D.A1L Y NEWS PubJillhcd Dllily Napletl, Fl. 34102 Affidavit of Publication State of Florida County of Collier' Before the under!!igned they !lervc as tbe 8\ltborit.y, per~nally appe.ared B. Lamb, who on otlth $ay~ that they serv~ as the Assistant C?JJJorate Secretary of the Naples Daily, a dally newspaper publ1sbed at Naple$, in Collier County Florida; distributed in Comer and Lee counties of Florida; that the attached copy of the advcrtising, being a PUBLIC NOTICE in the malter of Public Notice as published in said new!lp8.per 1 time in the is!lue on May 23rd, 2004 AffulTlt funher say, lllat tile said Naple\1 o.ily Ne\ll~ ill D newsp~ publitdll:d at Naplco. in sllid Collier COUllty. florid.. omli that the Mid newllp.' has htrCl.ofore tllI:fl'I continuDuAly published in aid Collier County. Florida: dis\riblned inConier ,,"" Lee C(lundCl' ofFlorida, ClaCn day and haft been cnlllf1lCl as _ond elassl'Mil mMll::r lit the post offICe ifl Naples. i.l' s,id Collier C",unty, Floridll. fbr a period of I year ~l:lIt prCCcdlllr; lhe fi~ publiOMiol' ofcnCaltKhod copy of ac:!Vl;~lScmcnr.; ftlld a{f"U1nf f;lIther gylt thet be hils neither pftic:! "Of I1fDTnI!\Cd any perscm. f1l"ll1 or corpot'lltion Ill)' di~C1uTlt rellale commission OT rGrund fur 1he plltp03C of ~urillg Ihi.~ aclve,;isemetU fOf pOOlica, ~~~1I,a.. ( Si~ature of affiant) Sworn to and subscribed before me This 24th day of May ,2004 ?k,-,,,~ ~ (Signature of DOtary public) . ._~..~~, Harriett BUlOhong . I-:ij.t~ t.4VCOMMISSlONf 00214689 EXPIlES !~. .:rj M)' 24. 2007 '~.i~:~~. .,' BONDED THill' OO~ F.~ INSUl/Ilm;E, I~ NAPLESDAILV PAGE 03/04 ..EJJBLIC NOrlCE.- --'fY)L1CNOTlCE . "..ic:l_lntereOJd in r8vleWif\9the 'agendi! itIr'the BOaTtIOfCounty C~I_DrierlI'Y1lltlAg/echfldwlid for Tuesday. May 25. 2004 can view the full dOCument on CI1af;r. , 'Of'~a. and'MfJCO"*rtd CIl)I8 _ ~1.:on:TJme WarriltCl8Qi\1n1\'\QonFtldlY, May 21; SatOtd&y, Mav 22,Sun.. MiY. 23. . and Monday; May 24 at e'a.m., 5 p.m. and 10 p.m. . I' th.ag."'. ~8Qavailabl' far .p8Nelng.~" ~he . tmem4rtat ~eeolll., Courrty government web $~: co,ooller.ft.us/'OCOlagenda.htm ,.., . ~,;. Po. those whO do not have acens to ,Chaf'lnel 11/18 . or'the Internet. "8 &genda.will be ava"abte fo,' review at the li'nmokalee and Evergladfi City IbrarilS. .';Wtlch . receiVe copies on the Monday precetfing elCh ~r;g. Other public libraries 1hr~hout the county ....1he agenda avanBble to residents as well. . . . l=or additional Information. oall Collier .COlll.~tJ. j CommuniCation and ~er Relations at 774-11999. ,,", '. N8 .t~ ..~ ZU~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS jI"> "'-', " f "'.<vo \ > . --';;""''''Cm 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 Page 1 of 19 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. COMMISSIONER HALAS ABSENT AS REFLECTED BY 4/0 VOTES 1. 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.) Approved and/or adopted with changes-4/0 B. April 27, 2004 - BCC Regular Approved as presented-4/0 C. April 28, 2004 - Marco Island Community Meeting Approved as presented-4/0 3. SERVICE AWARDS Presented A. 20 Year Attendees Page 2 of 19 1. Bill Finch, Parks and Recreation 2. Sharon Newman, Transportation Department 4. PROCLAMATIONS A. Proclamation designating the month of September as Freedom Month. Adopted-4/0 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. Adopted-4/0 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. Adopted-4/0 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. Adopted-4/0 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. Adopted-4/0 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. Adopted-4/0 5. PRESENTATIONS A. Presentation by Michael Carr regarding final report on Domestic Animal Services, Investigation Case No. 03-1943-CC. Presented B. Present the PHOENIX AWARD to recognize those EMS Paramedics, Page 3 of 19 Firefighters, and Sheriffs Officers who through their skills and knowledge have successfully brought back to life individuals who had died. Award Presented C. To Edward S. Perico for his outstanding service to Collier County. Presented D. To John M. Dunnuck III for his outstanding service to Collier County. Presented 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. Award Presented F. To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee of the Month" month of May, 2004. Recognized 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. Staff to meet with all representatives to work out the parameters regarding this matter and bring back on June 22 if possible. B. Public Petition Request by Jack Jameson to discuss fishing opportunities at Bay View Park. Staff to present to the Parks & Recreation Advisory Board for their determination. Withdrawn 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. Discussed Page 4 of 19 7. BOARD OF ZONING APPEALS Withdrawn A. This item continued from the April27~ 2004 BCC Meetinf!. ADA-2004- AR-5363, D. Wayne Arnold, AICP, ofQ. 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. Continued to June 8, 2004 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv 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" for property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86 acres. 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. Ordinance 2004-34 - Adopted 4/0 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 Page 5 of 19 become effective on August 30, 2004. Continued to June 22, 2004 BCC Meeting at 1 PM time certain and will be re-advertised C. Immediatelv followilll! Items #10C and #10D 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. Resolution 2004-183 - Adopted 4/0 Moved from Item #17 A D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv 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, ofQ. 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 SANTABARBARA PUD, to allow development ofa maximum of35,000 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 6.83:1: acres. Ordinance 2004-35 - Adopted with stipulation that there be no overnight parking of equipment and vehicles - 4/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. . Resolution 2004-181 reappointing Charles Gunther and William Mears and the third appointment be readvertised - Adopted 4/0 Added On B. Discussion regarding dual membership on committees dealing with TDC proj ects and funding. To be brought back at June 22, 2004 BCC Meeting 10. COUNTY MANAGER'S REPORT Page 6 of 19 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) Approved 4/0 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) Approved 4/0 c. To be heard at 2:00 p.m. 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) Approved 4/0 D. To be heard at 2:00 p.m. 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) Approved 4/0 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) Approved w/stipulations - 4/0 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) Page 7 of 19 Resolution 2004-182 - Adopted 4/0 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) Approved 4/0 H. Review options relating to the development of a junior golf program and public golf course. (John Dunnuck, Public Services Administrator) Motion that staff not take any action at this time - Approved 4/0 Added On I. 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. Approved 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS Sue Smith concerning museum 12. COUNTY ATTORNEY'S REPORT Straw ballot on Charter Government 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. NCH payment of $183,994.89 B. Funding requests from non-mandated Social Service Agencies C. July meeting items D. No taxes paid at Naples Depot or Lely Center ------------------------------------------------------------------------------------------------------------ 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. ---------------------------------------------------------------------------------------------------- Approved and/or adopted w/changes-4/0 Page 8 of 19 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. Resolution 2004-174 w/release of the maintenance security 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. w/stipulations 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. w/stipulations 4) Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2. Release of Utilities Performance Security 5) Final Acceptance of Water Utility Facilities for Ave Maria Interim Facility University (Greenfield Commons) Release of Utilities Performance Security 6) Final Acceptance Of Water Utility Facilities For Key Royal Villas. Release of Utilities Performance Security 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. Resolution 2004-175 Page 9 of 19 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 staffs approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Skytruck 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 # FL14B30-6002, 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. Located in Addison Estates on Marco Island 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. Located on the east side of the entry road to Veterans Community Park, just south of Immokalee Road B. TRANSPORTATION SERVICES Page 10 of 19 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. 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. Continued to June 8, 2004 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 of5.109 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 "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 Continued indefinitely 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 Page 11 of 19 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 "13th Street SW" in the amount of $248,408.56. Awarded to HDR Construction Control Corp. 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. Awarded to RJN Group 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. As detailed in the Executive Summary 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, located at Cambier Park. 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. 3) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Page 12 of 19 Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. To be held at Sugden Regional Park 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., DIBI 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 ofRFP # 00- 3173 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. Page 13 of 19 For a period of three years 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. Located at 13240 Immokalee Road 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 $19,4 77.23. For a lease term of 30 years 7) Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director pursuant to Resolution # 2004-15. For the period of January 1,2004 through March 31, 2004 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. Plan to be developed by Paradise Advertising 2) Approval of Budget Amendment Report #04-260. 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) Commissioner Jim Coletta requests reimbursement for attending the Graduation Ceremonies of the Leadership Collier Class of Page 14 of 19 3) 4) Withdrawn 5) 2004 on May 13, 2004 to represent the County as a valid public purpose. To be held at the Naples Beach Hotel and Golf Club on May 13, 2004, for a cost of $50.00 to be paid from the Commissioner's travel budget 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. To be held Wednesday, June 2, 2004 at Shadow Wood Country Club, Bonita Springs 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 To be held June 2,2004, at the Sanibel Harbour Resort in Ft. Myers 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. To be held June 5, 2004 at the Italian American Club 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. Resolution 2004-176 2) Recommend that the Board of County Commissioners endorse the Clerk of the Circuit Court's Office Grant Application for the Page 15 of 19 State of Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For the development of a Criminal Information System 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. For the period of May 1, 2004 through May 14,2004 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 Suda1, et a1., 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. a1., Case No. 04-0031-CA (Vanderbilt Beach Road Proj ect #63051). Authorize payment of $1935.50 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account 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. a1., Case No. 99-2165-CA (Immokalee Road Project #69101). Authorize payment of $9600.00 to the Earle & Patchen Trust Account Page 16 of 19 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. aI., Case No. 00-0138-CA (Pine Ridge Road Project #60 Ill). Authorize payment of $1000.00 to the Ruden McCloskey Smith Schuster & Russell Trust Account 6) Authorize the making of an Offer of Judgment to Respondent H.A. Street for Respondent's undivided one-half interest in Parcel No. l59A in the amount of$12,000.00 in the lawsuit styled Collier County v. H.A. Street, et aI., 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. Moved to Item #8D A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, ofQ. 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 comer of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier Page 17of19 County, Florida, consisting of 6.83:f: acres. B. 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, 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. Resolution 2004-177 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv 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. Ordinance 2004-32 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv 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. Resolution 2004-178 E. 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 1'2 mile north of Pine Ridge Road, in Section 12, Township 49 South, Range 25 East. Ordinance 2004-33 Page 18 of 19 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 lmmokalee Community Redevelopment Area. Resolution 2004-179 G. A Resolution of the Board of County Commissioners of Collier County, Florida, to Amend the lmmokalee Community Redevelopment Plan. Resolution 2004-180 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 19 of 19 ...: AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 25. 2004 .'!,2A Il 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. (Staffs 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 Perico's retirement party; $35.00 to be paid from Commissioner Halas' travel budget. (Commissioner Halas request) ....; tf.~ ;;.";.' l1i. '~''i~{ ;;"" A ~',...~:P' -~ Time Certain Items: Item 8B 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 AUQust 30. 2004. Item 10C and 10D 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 10D: Recommendation to adopt the 2003 Collier County Water Master Plan Update, dated May 25, 2004, Project 70070. *Note: Back-Up Material for Item 10D is incorrect in printed agenda packet. A corrected executive summary has been submitted. Additional copies can be found on the table outside the boardroom. PROCLAMA TION , 4 A .. lJ WHEREAS, on September 11, 2001, the United States suffered an attack 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 livtll among us while they plotted the murder of innocent Americans,' and, WHEREAS, we should honor the many Law Enforcement Officers, Firefighters and Emergency Medical Personnel who died when they came to the aid of the victims of this attack,' and, WHEREAS, we should honor the bravtll men and women of United Airlines Flight 93 who gave their livtlls in a successful effort to thwart yet another deadly attack,' 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 Wi 'tI hold dear,' and, d its unending il against the d, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ice of all those NOW THEREFORE, Septe....... and it will be a month to on the horrible events of 9/11 and renew our commitment to turn back this assault on our Nation.na month when we demonstrate our support for our Government, our Armed Forces, Law Enforcement Agencies, and Fire and EMS Departments...a month when we pay tribute to those who havtll sacrificed their lives to preserve our freedom. DONE AND ORDERED THIS 25'" Day of May, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .::i:L ~4B .. 'f~ a-- PROCLAMA TION WHEREAS, The Notional World War II Memorial will be. dedicated on May 29, 2004; and, WHEREAS, This Memorial will be the first national memorial dedicated to 011 who served during World War II, and wi'll honor 011 mIlitary 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 2dh Century in American history, the Memorial will be 0 monument to the spirit, sacrifice, and commitment of the American people; and, WHEREAS, The Memorial will stand for all time as an important symbol of American national.u.pi.. . l;C of the moral strength and power that calJ.,f(iJ.~! are at once united and bonded togeth_r.~ NOW THEREFOR Co/~ ommissioners, ices in 'hot is truly DONNA FI. LA, CHAIRMAN WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION ,.4C 141 during the upcoming Memorial Day Weekend a long overdue celebration will take place at our National Capital honoring those brave men and women, both in the military and civilian communities, who gave so much of themselves to protect the freedoms which we as a nation enjoy today. The WWII Memorial on the Mall will be dedicated on Saturday May 29, 2004; and, tens of thousands of WWII veterans and their families will assemble on the Mall in Washington D.C. for the official dedication. Funds have been raised, . through spaghetti suppers, by the Naples Memorial VFW Post 7369 to send Michael Viechec to the Dedication as their official representative; and, Mike will also be acting as an unofficial representative of Collier County and the City of Naples, Florida, by carrying with him thousands of signatures of local residents as a "THANK YOU" to those who participated in the war effort; and, in 1943 Mike Viechec left work in the coal mines of Haselton, Pennsylvania at . the age of 18 years to Join the U.S. Army. He was sent to the Citadel to train for the eventua! ...~. ~",Clny. He and his classmates received word one morni"fJt~pft~1 to Europe to participate in the invasion of Nof1mon as an .'.. / '. .... ike foug~thi'r:wq.y num~~.bqtt"s includingt~\ /ipttlll;'ot'it. U. Pf;to ent~rthe~once"tration Qall\.. .. "":}-.):'; '.} \t '- __. .:;-':,' < '::. .' ..' - El,.!il~,d, Mike WO, Pnt\.to b90~ 4.troo t;~~'~ and the.f""p~i~ri~f::~CI~;>".~~f()ref he th ~'bomb had.. be!l" ,d..()pped, ;(I~dl!~!wa~J;n th W .....ito Germpny;t()tCl~e'.PCl...~:.~~:t~~..()c~yplation. th. (I~i~ines afterth~lNor.o~,~v."tuolly went to krvi . A fter/a ~(lr"!!r,,,ith ,,,t.P9staJ Service he lived ;for monYYe!1rS;(lnd . rticipating in s one of the first hen the war in ranee bound for ort, word came as over. Mike ned to work in he U.S. Postal Naples and has munity as a Life eterans, and erican Legion for NOW THEREFORE, be it p Florida, that the' weeq, missioners of Collier County, i:f 30, 2004, be designated as wwn MEMORIAL DEDICATION WEEKEND and urges all citizens to become familiar with this very important Mem.orial and to take time to personally thank veterans like Mike Viehec for their dedication and sacrifice. DONE AND ORDERED THIS 25th day of May 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS CO~ER UNITY. ~D~ DONNA ALA, CHAIRMAN 1-- 40 PROCLAMA TION WHEREAS, the arts and cultural community of Collier County enriches the lives of 011 residents and visitors: and, WHEREAS, tourism in Collier County is significantly enhanced by the area s diverse offerings of arts and cultural activities: and, WHEREAS, the arts playa key role in the business community and make a significant contribution to the countys 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+ arts and cultural organizations, 509+ professional artists and musici . '$, and thousands of art/overs); WHEREAS, lzing a series ing the NOW THERB ioners culture. d cultural ities scheduled COUNTY COMMISSIONERS ::::TYr;:DA DONAI. FIALA, CHAIR A TrEST: PROCLAMA TION r 81- 4E WHEREAS, Emergency Medical Services is many times a child and parents first contact for help in an emergency: and, WHEREAS, Collier County EMS recognizes the special circumstances surrounding young patients and understands childrens needs vary greatly from those of adults: and, WHEREAS, Collier County is implementing specialized training for all of its emergency personnel, which will provide those medical workers with superior diagnosis and treatment sk/lls that will more effectlVIIIly 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 aufi d child during emergencies in a controlled, train' WHEREAS, '. medical protocol to 'fits and procedures 'tive outcome: and, WHEREAS, 'Otions, other !/)artments to WHEREAS, mergency tient including WHEREAS, ost timely care children, who NOW THEREFORE, be it priJlll(If1" of Collier County, tIt Commissioners e proclaimed as Childrens Day at EMS in Collier County DONE AND ORDERED THIS 2dh Day of May, 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~1~ DONNA FIALA, ~ :J:RMAN .. "lI' ATTEST: ~... ..........' r:'~., . .~ .:::-.;;'I!' \to f ~~\~,~~~~:.. !~l ~~~~~~.~. ~~ :::~~ . .~~.. -:' -l!>::<~ !,....."...':ii{J1.'l - -..... ' ." ~_. - :! e" I-'~ ' ....!fi5 :. -- ~ ::. ....~. ,~".,~~. . ..... : ~ ::: _"t~<". ~u.. f" . :..i::.. -:;:....~. .~. ~ .- _ "",.'" ~..,_ ..... tf .::: -~ ~~' -,ji; ,~ :: "'........ ,..~ ... .... .' . ....<:..__... .., S I ..... "V ...... ",...~..."'" .~~~ \~' ......~.....:.J.. . ' PROCLAMA nON ,- . 5 ~- 4F WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of the citizens in this community through enforcement of building, zoning, housing, animal control, environmental and other codes and ordinances; and, .. WHEREAS, Code Enforcement Officers deserve recognition for the jobs that they do in protecting lives and improving neighborhoods, as do emergency personnel such as police, fire and emergency medical services,' and, WHEREAS, every day, assisted by support and program staff, they provide quality customer service to the public for the betterment of the community; and, WHEREAS, too many times their efforts go unnoticed, even after compliance has been accomplished due to their efforts and expertise,' and, WHEREAS, l!partment are individuals who epartment and WHEREAS, the personnl! dedicate take t. the NOW THERB in Collier cr of the same and . 'of Collier County to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. DONE AND ORDERED THIS 25th day of May, 2004. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~l~ DONNA FIALA, CHAIRMAN ~ ,,~~.1..,.~' :....,;...;.. ~ .... " .. "" .. "P '.. ~,. -~~ .~~. ~.":. ~-;.,.. ~ "".~~~ ':lhB";sj!rr; ~~~,-\~~ .-. .' """="~ ~'4 - ~1!f{ ~~" '.,,~. ~ :: :.- I't ,~. <:::. ":' ~ =.;:;;j '. . j,~. '.. .f':;;e : e :. -Sfil" ~. ~+:"'~,. :: ~ i I;' ..oP:r.' :." :: .ti~:: - :,," ',e. 'L.", !.......?: " . ,,<,'. .....:.:...:.~. .- ~-F . - "~,\. ~~'" ~ ~~;~-.:,,:,:.....~~ ' -:'" ~~1~.~ ~.........~--:~...... ".".:~~ COLLIER COUNTY FLORIDA ; REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~~"." II _.< I~\ ~4 To: Clerk to the Board: Please place the fol.lowing as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept! Div: Comm.Dev.Serv./Planning ~ Date: '3/"Z OS {o rI Petition No. (If none, give brief descriptioll): ADA-2004-AR-S363, PINE RIDGE CENTER WEST PUD AND PINE RIDGE CENTER rUl Petitioner: (Name & Address): D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A.,3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: Hearing before BCC BZA Other '-1/2,/01/ Based on advertisement appearing 15 days before bearing. Requested Hearing date: Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: ADA-2004-AR-5363. Pine Ridge Investors of Naples, LLC., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting to appeal the Planning Director's interpretation (lNTP-2003-AR-4888) that building construction may not occur over the common boundary of the Pine Ridge Center PUD and Pine Ridge Center West PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~~ epartment Head List Attachments: ;L2~/O~ Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: C~unty Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: 0-1JD-OL Date of Public hearing: L:f- }l"'O'f Date Advertised: ~-II-()i I.~ !.'~' ........ 7A ... Maureen A. Kenyon From: Sent: To: Cc: Subject: MoscaMichele [MicheleMosca2@colliergov.net] Thursday, March 25, 2004 1 :57 PM Minutes and Records Maureen A. Kenyon ADA-2004-AR-5363 ~ junk,doc A request for legal advertisement for the pine Ridge Center POD and pine Ridge Center West POD (ADA-2004-AR-5363) shall be forthcoming from the County Manager's Office. After receipt. please insert the required text into the standard "appeal" advertisement (see attachment below) and delete the following text from paragraph 3. "Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing." Should you have any questions. please contact me at 213-2943. Thank you in advance for your assistance. Michele R. Muscat, ACID, principal Planner Department of zoning and Land Development Review <<junk.doc>> 1 1- 7A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on I in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. All material presentations before the Board will become a permanent part of the Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Maureen Kenyon, Deputy Clerk ( SEAL) 1-. 7A ~\-.. March 30, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition ADA-2004-AR-5363; Pine Ridge Center PUD Dear Georgia: Please advertise the above referenced petition on Sunday, April 11, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann J ennej 000 Deputy Clerk Charge to: Account 113-138312-649110 I~ 7A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 27, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ADA-2004-AR-5363, pine Ridge Investors of Naples, LLC., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting to appeal Planning Director's interpretation (INTP-2003- AR-4888) that building construction may not occur over the common boundary of the pine Ridge Center PUD and pine Ridge Center West PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts C()liiity:~f.Go~llier CLERK OF THE C!RCQIT COURT COLLIER COUNTY QoURTltOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4~~044 \'. NAPLES, FLORIDA ~~~ 1 0 1-3044 ...\ ( ~',/ I I~ 7A ,.w}~,.:, Clerk of Courts Accountant Auditor Custodian of County Funds . " j ::, :::~", ", I '..;.4.-;l March 30, 2004 D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Ray Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition ADA-2004-AR-5363 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK DONNA FIALA, CHAIRMAN ~~O.C. Ann Jenn~ohn()-" - Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.colIier.fl.us Fax - (239) 775-2755 Email: colIierclerk@c1erk.colIier.fl.us Ann P. Jennejohn 1- 7A To: Subject: Georgia (E-mail) ADA-2004-AR-5363 Pine Ridge PUD Hi Georgia, Please advertise the attached on Sunday, April 11, 2004. Thanks again, {J Ann Minutes & Records ADA-2004-AR-5363 .doc {J ADA-2004-AR-5363 .doc 1 ~ . ..... 7A Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.fl.us Tuesday, March 30, 2004 11 :42 AM Ann P. Jennejohn Delivery Status Notification (Relay) I,'.E:'~ IE] r::"'. '7m~;1 U ATT632478.txt ADA-2004-AR-S363 Pine Ridge PU... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ann P. Jennejohn 1.1; 1';' --- 7A From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, March 30, 2004 11 :43 AM Ann P. Jennejonn Delivered: ADA-2004-AR-5363 Pine Ridge PUD D ADA-2004-AR-5363 Pine Ridge PU... <<ADA-2004-AR-5363 pine Ridge PUD>> Your message To: Georgia (E-mail) Subject: ADA-2004-AR-5363 pine Ridge PUD Sent: Tue, 30 Mar 2004 11:41:20 -0500 was delivered to the following recipient(s): legals on Tue, 30 Mar 2004 11:42:53 -0500 1 ADA-2004-AR-5363 Pine Ridge PUD Page 1 of 1 Ann P. Jennejohn I ~..."'. ~ ~ioJ. .... 7A From: legals [Iegals@naplesnews.com] Sent: Tuesday, March 30, 2004 12:14 PM To: Ann P. Jennejohn Subject: RE: ADA-2004-AR-5363 Pine Ridge PUD OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.coliierJl.us] Sent: Tuesday, March 30, 2004 11:41 AM To: Georgia (E-mail) Subject: ADA-2004-AR-5363 Pine Ridge PUD Hi Georgia, Please advertise the attached on Sunday, April 11, 2004. Thanks again, Ann Minutes & Records <<ADA-2004-AR-5363.doc>> <<ADA- 2004-AR-5363. doc>> 3/3012004 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- ADA-2004-AR-53lj3 NOTICE OF PUBLIC HEARING Notice 15 hereby gIven that the Board of county CommIssioners Of Col. lIer County will hold a public heai1ng on Tues- ilay, April 27, 2004~ In the Boardroom. .Hd Floor. AdminIstration BuildIng, Collier County Government center, 3301 East Tamlaml Trall. Naplu, FlorIda. The meeting will begin at 9:00 A.M. Naples Daily News Naples, FL 34102 I\[C..~.': -1.1: , BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58832687 113-138312-6 ADA-2004-AR-5363NOTI State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/11 AD SPACE: 93.000 INCH FILED ON: 04/12/04 ::~~::~::-:~-~~~::~:-----~~-~----------------+---------------------- Sworn to and subscribe~'7'ore me~s I.~ dah of ,:; f^'Y 20<'.1'1 Personally known by ~:,,: 6A-"-'-'__L( lf~-'~d _,~I\" r~;;;-~ Harnett Bushong ;' ti ':"~ MY COMMISSION # DD234689 EXPIRES ^}//j'd; :;,p';'~.}~..}Q,~7,"IC' 7A Petition: ADA-2004.AR- 5363, PIne Ridge Inves. tors of N!SP1es, l.Lc.. rep. resented by D. Wayne Arnold. A1CP, of Q. Grady Minor & Associates, P.A., requestln~ to ap. peal Planning Director's Interpretatron (INTP- 2003-AR'4888) that bulldlnll Ct:lfI~tt~P!loll may not. occUr oyer the common bOlUldaryof the PIne Ridge Center PUD and Pine RIdge center West PUD, locat- ed In SectIon 18. Town. ship 49 South. Range 26 ~I~~~a. Collier County, NOTE: All Persons Wtsh- Ing to speak on any agendll Item must regis- ter with the COunty Ad. mlnlstrator Pl'lor.to~. sentatlon of the uenda Item to be addressed. Individual speakers will be limited to 5 mInutes on any Item. The selec. tlon of an Individual to speak on behalf of an organIzation 'Or group 15 encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may be allottild 10 min. utes to speak on an Item. All material used In pre-, sentatlons before the I Board will become II permanent part of the reeor . Any person Who decldel m.rda.Pf.~ ell :1lI~1o:: co. tor the prQCeedlnll$ pertal"lng tl1ereto and .. thef!!!fnl. .t:1l4Y _......... to i 1mIIIQ" .ilt II ve'1b&tfm ^=r~=ai '"!lny anilevldence tr~lch the appeal =il~ ==coum, DONNA l'IALA. gt1n~iJRock. CLERK By: 1st Ann Jenne/Ohn.P:ll1.' Clerk . Aor. 11 No. 564917 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS I ". <& SA - To: Clerk to the Board: Please place the fonowlng .s a: 181 Normal legal Advertisement 0 Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dcptl Div: Transportation Person: Robert Tipton Date: 4/23/04 Petition No. (Unone, give brief description): Ordinance to Prohibit Fishing on Certain Bridges Petitioner: (Name & Address): Collier County Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other .d ~H.oriog dato, (Buod on __ _10 day. bofon: ~ j~/dl Newspaper(s) to be used: (Complete only ifimportant): 181 Naples Daily News o Other 181 Legally Required Proposed Text: (Include legal description & connnon location & Size: 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. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? IS! Yes 0 No If Yes, what account should be charged for advertising costs: 101- 16363()"~1 bments: Executive Summary, Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating penon to complete one coy and obtain Division Head approval before submitting to County Manager. Note: Illegal doenment Is Involved, be sure that any neeellary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 181 County Manager agenda IDe: to Clerk's Office 181 Requesting Division 181 Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FORCLERK'SOFFICEUSE~'~ .r{/ ~/;;~ Date Received: ~a Date of Public hearing: ~ Date A~vertised: ~? ~... ~ 04/28/2004 04-56 FAX 23 . 92135868 TRAFFIC OPS ~001 I~ 8A 2705 South Horseshoe Drive. Nap'es. FL. 34104 Telephone: (239) 774-8260. Fax: (239) 213~5868 · Emai\: n!l'1elawil~n(Q).conienLov .net World Wide Web: hllP://co.collier.fl.us Fax Transmittal 4/28/04 p s incl. cove!t 1 To: Trish Morgan at Minutes and records Fax #: 17~8 From: Pam Subjeet: Ordinance to Prohibit Fishing from certain bridges --= Date: Retum receipt requested: 0 Original to follOW by mail: 0 Other: Messaae Trish, Please change the date to the next BCC meeting on May 25th. If you have any questions please call Bob Tipton at 114-8192. Thanks Pam ~ .- SA - ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROHIBITING FISHING OR CAST NET FISHING ON DESIGNATED BRIDGES WITHIN TIlE 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, THEREFORE, 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 net j... I.... C3A 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 F1VE: 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 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2004. ATTEST: DWlGlIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Donna Fiala, Chairman and legal sufficiency: ,- 8 A April 29, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE PROHIBITING FISHING ON DESIGNATED BRIDGES WITHIN COLLIER COUNTY Dear Pam: Please advertise the above referenced notice on Friday, May 14, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. sincerely, Maureen Kenyon, Deputy Clerk P.O./Account # 101-163630-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE ' J..' _. ~A Notice is hereby given that on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA PROHIBITING FISHING OR CAST NET FISHING ON DESIGNATED BRIDGES WITHIN THE COUNTY, PROVIDING PENALTIES FOR VIOLATION, REPEALING AND SUPERSEDING RESOLUTION 2002-204, PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk (SEAL) Maureen A. Kenyon To: Subject: .~ legals@naplesnews.com ord. prohibiting fishing from brdiges Please acknowledge receipt of ad and any problems, please give me a call. 774-8406. Thanks. ~ ORD PROHIBmNG BRIDGE FISHING... ~ ORD PROHIBmNG BRIDGE FISHING... 1 8A From: Sent: To: Subject: postmaster@c1erk.collier.fl.us Thursday, April 29, 2004 9:34 AM Maureen A. Kenyon Delivery Status Notification (Relay) I - B-A Maureen A. Kenyon I~~ B r--71 L:::-J ATT334016.txt ord. prohibiting fishing from ... This is an automatically generated Delivery status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 8A Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 29, 2004 9:33 AM Maureen A. Kenyon Delivered: ord. prohibiting fishing from brdiges [2]> / "-'0,." /__ -~, ." ord. prohibiting fishing from ... <<ord. prohibiting fishing from brdiges>> Your message To: legals@naplesnews.com Subject: ord. prohibiting fishing from brdiges Sent: Thu, 29 Apr 2004 09:34:07 -0400 was delivered to the following recipient(sl: legals on Thu, 29 Apr 2004 09:33:21 -0400 1 Maureen A. Kenyon J- 8A From: legals [Iegals@naplesnews.com] Sent: Thursday, April 29, 200410:53 AM To: Maureen A. Kenyon Subject: RE: ord. prohibiting fishing from brdiges ok -----Original Message----- From: Maureen A. Kenyon [mailto:Maureen.Kenyon@c1erk.collierJl.us] Sent: Thursday, April 29, 2004 9:34 AM To: legals@naplesnews.com Subject: ord. prohibiting fishing from brdiges Please acknowledge receipt of ad and any problems, please give me a call. 774-8406. Thanks. <<ORD PROHIBITING BRIDGE FISHING .doc>> FISHING.doc>> <<ORD PROHIBITING BRIDGE 4/29/2004 , Naples Daily News Naples, FL 34102 ......'. ,t., ,;. - Affidavit of Publication Naples Daily News --------------------------------------------------+---------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58851295 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/14 AD SPACE: 113.000 INCH FILED ON: 05/14/04 --------------------------,-----------------------+---------------------- Signature of Affiant fl _ - / \> Sworn to and SUbscrib~ before me this )71~ day of ~ /"-iH).o I) Personally known by me -0 ftA.A..-t.A..t'.i/ 1.\-U.4lJ~ .".,~~II~",. H - ;~J'-i(i'.%:\ . arnett Bushong . ,'f ltr ':*~ MY COMMISSION # DD234689 EXPIRES ..~::.;;i.'i::');O:,' July 24 2007 '..~ /i'YI~;~::"'{"~~ ;'ONDED THRU TR~)Y f~rN IN:.URANCE, INC fl1 I'L?J- 20C<( 8 ^ ".,,{JF IHmrrTO ~ .ORDINANCE Notice Is he...by given that liInTuesday.L May 2$. . 2004, In the avard- room, 3rd Fl9.lll. Admin- Istration ",lldll'llli COl- lier CountYqovernment ~\I~r.rFT:rm:: the 'Board of County ComnlIssloners wIN. con- sider the el\aCtmUt of a CO\lnty -Qrd\nance. Tl:le meetlnll w II.. com- mence at 9:lJO .A;M.. The title of the DI'QPOHd: Or- dinance Is ai foRows: AN ORDiNANCE OF COL. LIER COUNTY. F\.ORIOA PROHIBITING FISHING OR CAST NET FISHING ON DESIGNATED BRIDGES WITHIN THE ~frfA~His ~=VJr~&~ TlONIt' REPIAl.ING AND SUPE SEDING REtOLII; TION 2001.204; PROVID. ING FOR IW:LUSI:rJ: IN ~ CJl,t,tkA ~ ,,! r6~~~~m'~G Co~les . of the proposed Ordinance .are on file =~t~de.w~vt.s~ for, ~on. Aii\nter- ested ~ are IIwIted to atteill'l and be heard. NOTE: All P8I'JOns wish. ~ ~a~nr:31. ter with theiintY ad- .mnlstrator or to pre- sentation 0 .. . aQei1da Ite'" to be acIdressed. Individual s~ers will be limited to 5 minutes on any' Item. . The selec- tion of an IndMdu41 to speak on behalf of an oi'ganIzatlon or llI'Oup Is ell. couraged. If recog- nized by the Chairmen, e spokesperson for a ,(:yut. o~lI=iteMrn~ utes .to speak on an ~. Persons wlshtng to have written or graphic ma- terials Included In the Board agenda packets must submit. salcl ma. terlal a minimum of 3 weeks prior to there- spectlve public hearing. In any case. written ma- terials I.ntended to be. considered by the Iloai'd sball be submitted to the appropriate County staff a minimum of .sev- en days ;.!?llor tg the public ne.....g. All' ma- terial used In presenta- tions before the Board will become a penna- nent part Of the reCord. Any ~n who decides to appeal a decision of I the BOard win need a re- cord of the proceedl~ i f1ertalnlng tl'lere_o and! e~~:r:~ar-l v=tI~ i record of the proceed- Ings Is made,whlch re- cord Includes the testi- mony and evidence u~on which the appeal Is based. BOARD Of COUNTY COM IRS NTV. FL ~~~ DWIGHT E. BROCK, CLERK By: IllIMaureen Kenyon. Deputy Clerk (S&AU Mav 14._ No.605854 MEMORANDUM Date: June 8, 2004 To: Robert Tipton Traffic Operations From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004-34 Enclosed please find one (1) copy of the document referenced above (Agenda Item #8A), as approved by the Board of County Commissioners on Tuesday, May 25, 2004. If you should have any questions, please call me at 774-8411 Thank you, Enclosure 8A RA ..... ORDINANCE NO. 2004- 34 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROHIBITING 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, THEREFORE, 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 net fishing, ought to be prohibited, and with approval of the Board of County Commissioners by resolution, shall cause appropriate signage to be posted. 8 I!""~ (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 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~5c.1h day of /'Yl tLtj , 2004. ATIEST: \\",\,utl.tt"",_ DWIG~~~~ff~~.~l~~k / (.:)0 ..' ~" ..:ts .... - '(",-'"' '" ~,"'n~ .. ~ . : '~~ ~,' -.. ~ . C'.") B~.r' ',: C" ,;" . c. l~.. ~, " BOARD OF COUNTY COMMISSIONERS COLLIER CO IrY, FLORIDA BY: ~ d4-~ Donna Fi la, Chairman STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-34 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004. .. ,\ I" II III "'I, r 1 DWIGHT E. BROC~;Jj\~~~~.~~:.~~;:.'., Clerk ~f. Cour~?~, a~~ Cle.~\ .~ Ex-off~c~o to<.1B~CI.~\~: ~ ~ =: County Commi~:L itlF'rs.;:"':, ; ~ ~ .~, <::):< ""., \ j'1<' . ~ - '., ~-". r" .~~,i,';,,,,~..: ;('..~ ~ ~.~ _~_ \ /). ,J~.--t;;~~-)~''','{,.f/:: ~ UJ. ~~~~...... \~~' " ...,'. iJtJ'1as" t~"',/' By: Linda A. HOUt!,zEPlT""\\\ Deputy Clerk 8A LULLIJ!,K LVU1'" .. .......'U'&'-&~.. REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Nonnallegal Advertisement Other: (Display Adv., location, etc.) ~\ XXXX with Maps ... .. ~ ************************************************************************************************~**** Originating Deptl Div: Comm.Dev .Serv .!Planning Person: t2-. k.J Date:,~ f 11,10 r Petition No. (If none, give brief description): LDC Amendments 2004 - Cycle I 8B Petitioner: (Name & Address): Russell Webb, Principal Planner, 2800 North Horseshoe Drive, Naples, Florida 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC XX BZA Other Requested Hearing date: 5/11/04 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required Proposed Text: (Include lee:al description & common location & Size: (See attached BCC ad for 5/11/04) No If Yes, what account should be charged for advertising costs: Does Petition Fee include advertising cost? XX Yes 0 113-138312-649110 Reviewed by: ~'fM(Dare l{ (( fA /0 J ( County Manager DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: Approved by: Date o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received: ti~ I q ~ 0 t.( Date of Public hearing: 5 -1/- 0 Lj Date Advertised: J-j. 30 - 0 '-/ I',.. .;-,.. 8a 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 Page 1 of 5 j., bd 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 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 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, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. RECIT ALS 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 Page 2 of 5 I~ 88 WHEREAS, on March 18, 1997, the 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 Recitals 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 Sec. 163.3161, et seq., F.S., the Florida Local Government 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 Sec. 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with, and implement, the adopted comprehensive plan. 3. Sec. 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. Sec. 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. Sec. 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 10, 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 Sec. 163.3161, et seq., F.S., and Rule 9J-5, F.A.C. 7. Sec. 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 Sec. 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 development permitted by such order or Page 3 of 5 regulation are compatible with and further the objectives, p~licies, la' ll1;es, a8 8 densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 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. Page 4 of 5 ~ In the event this Ordinance confiicls with any other ordinan': of COIIi~ C:-nty or8 B 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 unconstitutional 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. SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE. The provisions of this Ordinance set forth in Exhibit A shall become and be made a part of the published Land Development Code of Collier County, Florida. The provisions of Exhibit A of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "chapter," or any other appropriate word. SECTION SEVEN: EFFECTIVE 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, Florida, 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 Patrick G. White Assistant County Attorney Page 5 of 5 ......,. 1- 8B ZONING AND LAND DEVELOPMENT REVIEW April 21, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, 114 page, with map attached, Legal Notice in your edition of April 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. May 11,2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on May 11, 2004, at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building uF," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: 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 -1- r f 8a 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 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 CONDITIONAL USES PROCEDURES I 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, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. -2- I ,. .1'"8 .:! :! [1:' .8 Adoption of the ordinance will be considered at the public hearing on May 11, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad 1 (10 day) -3 - 0-..- -'.--.--..- ... ~. .. t . ~ ~ ~ 8 ~ ~ II: $i 8 1% III __ ,'_<:l~: 'Sa n jII . - . c.o I jII . . . .. - C ;' C ~ . ... . SA. 211 i ~ i i ::l ::l i I 0 z ~ . I i ::l ~ CI'I (") jII . 0 . r . .. C. fTl :;0 CIS 2 n je. () '" r 0 != ,.. C :If Z :'" ~ -i -< ., r 0 ... ;0 .wnxI llJlt'I:l:I .t.I_~ ~. 0 I.Ull"CD JG'"I .wn:D ..-- ~ - . 88 April 19,2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC Amendments 2004-Cycle 1 (10 day Ad) ATTENTION: Legal Advertising - Display AD Dear Ms. Perrell: Please publish the following public notice (which I have faxed to you), for a Display, 1,14 page, with map attached, Legal Notice in your edition of April 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. In addition, please furnish the Minutes and Records Department a copy of this Affidavit of Publication This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you. Sincerely, ~ Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE I' ;",^ .. 88 Notice is hereby given that on May 11, 2004, at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: 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 88 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 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 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, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, AND SECTION SEVEN, EFFECTIVE DATE. Adoption of the ordinance will be considered at the public hearing on May 11, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8: 00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. -2- ~~~!f: 1M... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk BCC Ad 1 (10 day) -3- .Ba "';".,,,~ '".: .} .8 B HP Fax 1230 Log for II _ Minutes & Records 2397748408 Apr 19 2004 12: WPM Last Transaction l2ate Ii.me ~ Identification Duration ~ Result Apr 19 12:09PM Fax Sent 92634703 1:03 4 OK 88 Ann P. Jennejohn To: Subject: Pam Perrell (E-mail) LDC Amendments 2004-Cycle 1 10 Day Display Ad Hi Pam, Please advertise the attached on Friday, April 30,2004. I am faxing you a copy of the Ad and the requirements from planning. fJ@] 1i!1'1 L.J Thank you, Ann LDC AMEND D4-CYCLE 1 MAY 11 LDC Amendments 2004-CYCLE 1(10... 1 Patricia L. Morgan .. . From: Martin, Cecilia Sent: Wednesday, April 21 ,200410:31 AM To: Minutes and Records Subject: Revised May 11 th LOC BCC Ad Please replace old ad with this one. Map is the same. Thanks. 4/21/2004 I.n..".. \' Page 1 of 1 .... 8~ 88 Ann P. Jennejohn To: Subject: Pam Perrell (E-mail) LDC Amendments 2004-Cycle 1 (REVISED) Hi Pam, The County Attorney's office has made a few changes to the proposed Ordinance that was to be advertised on April 30,2004. Could you please advertise the attached in place of the one I sent you earlier this week. The maps have NOT changed; just the wording of the Ordinance. Sorry for the inconvenience! Ann ~ LDC Amend Mo t & R d I04-Cycle 1 May 11( InU es ecor s 1 8B Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.fl.us Wednesday, April 21,2004 11:17 AM Ann P. Jennejohn Delivery Status Notification (Relay) [~ FZ/1 L::.J AlT53612.txt LDC Amendments 2004-Cycle 1 (R... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com 1 Ann P. Jennejohn " ~ 8.B ~,.,.. From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, April 21, 200411:16 AM Ann P. Jennejohn Delivered: LDC Amendments 2004-Cycle 1 (REVISED) B LDC Amendments 2004-Cycle 1 (R... <<LDC Amendments 2004-Cycle 1 (REVISED)>> Your message To: Pam Perrell (E-mail) subject: LDC Amendments 2004-Cycle 1 (REVISED) Sent: Wed, 21 Apr 2004 11:16:24 -0400 was delivered to the following recipient(s): Perrell, Pamela on Wed, 21 Apr 2004 11:16:17 -0400 1 LDC Amendments 2004-Cycle 1 "Kill the Ad" Page 1 of 1 ,I;- --- 88 Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, April 22, 2004 3:01 PM To: Ann P. Jennejohn Subject: RE: [Possible Spam] LDC Amendments 2004-Cycle 1 "Kill the Ad" OK -----Orig i nal Messagem-- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Thursday, April 22, 2004 2:46 PM To: Perrell, Pamela Subject: RE: [Possible Spam] LDC Amendments 2004-Cycle 1 "Kill the Ad" Oops! Yes, it WAS a display ad to run on Friday, April 30th. Ann -----Original Message----- From: Perrell, Pamela [mailto:paperrell@naplesnews.com] Sent: Thursday, April 22, 2004 2:39 PM To: Ann P. Jennejohn Subject: RE: [Possible Spam] LDC Amendments 2004-Cycle 1 "Kill the Ad" When was it going to run and is it a display ad??? Remember, I do thousands of ads, so I don't know exactly what your talking about. ---nOriginal Messagen--- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJI.us] Sent: Thursday, April 22, 20042:34 PM To: Pam Perrell (E-mail) Subject: [Possible Spam] LDC Amendments 2004-Cycle 1 "Kill the Ad" Hi Pam, Hope you're sitting down.......Please kill this ad per the Community Development Department request. Thank you Ann 4/2212004 BCC-LDC Ad for May 11,2004 Page 1 of 1 88 Patricia L. Morgan From: Patricia L. Morgan Sent: Thursday, April 22, 2004 2:30 PM To: White, Patrick Cc: Martin, Cecilia; Webb Russell; Murray, Susan Subject: RE: BCC-LOC Ad for May 11, 2004 fire we to use tlie map tliat was witli tlie origina[ aa? -----Original Message----- From: White, Patrick Sent: Thursday, April 22, 2004 2:25 PM To: Patricia L. Morgan Cc: Martin, Cecilia; WebbRussell; Murray, Susan Subject: RE: BCC-LOC Ad for May 11, 2004 Your understanding is correct. Kill the old ad, the initialed ORO is near finished (I'll send it out later today), but will likely be missing an attached Exhibit A for a day or so, hopefully complete by tomorrow. -----Original Message----- From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJI,us] Sent: Thursday, April 22, 2004 1:58 PM To: white_p Cc: martin_c; WebbRussell; murray-s Subject: BCC-LOC Ad for May 11, 2004 JreC(o }I(' Per tfie pfione conversation witfi Patric~ tfie ad (1 O-day) for tfie amendment to tfie L(j)C to 6e presented to tfie {j3oard of County Commissioners is 6eing revamped. I wi(( ''fj(f' tfie ad tfiat was previousfy sent to :Napfes (j)aify :News, tfiat was to appear on Priday, }Ipri( 30tfi. We wire repface tfiat one witfi tfie one tfiat patricf(is currentfy preparing. 'Upon tfie su6mission of tfiis prepared ad (witfi map) and tfie Ordinance (signed 6y patricRJ, we wi(( send it on to :Napfes :News for advertising as a dispfay ad. It wire appear in tfie Priday, }Ipril 30tfi edition of tfie newspaper. pfease advise if any of tfie a60ve is incorrect and give me tfie go-afiead to ''fj(f' tfie current ad. rrTiank,you, 'I'risfi ::Mor,qan 4/22/2004 BCC- LDC Ad for May 11, 2004 Page 1 of2 ,\ 88 Patricia L. Morgan From: White, Patrick Sent: Thursday, April 22, 2004 2:31 PM To: Patricia L. Morgan Cc: Martin, Cecilia; WebbRussell; Murray, Susan Subject: RE: BCC-LDC Ad for May 11, 2004 Yes! -----Original Message----- From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJl.us] Sent: Thursday, April 22, 20042:30 PM To: white_p Cc: martin_c; WebbRussell; murray_s Subject: RE: BCC-LDC Ad for May 11, 2004 Are 'We to use tfie map tfiat 'Was 'Witfi tfie originaC ad? -----Original Message----- From: White, Patrick Sent: Thursday, April 22, 2004 2:25 PM To: Patricia L. Morgan Cc: Martin, Cecilia; WebbRussell; Murray, Susan Subject: RE: BCC-LDC Ad for May 11, 2004 Your understanding is correct. Kill the old ad, the initialed ORD is near finished (I'll send it out later today), but will likely be missing an attached Exhibit A for a day or so, hopefully complete by tomorrow. -----Original Message----- From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJl.us] Sent: Thursday, April 22, 2004 1:58 PM To: white_p Cc: martin_c; WebbRussell; murray-s Subject: BCC-LDC Ad for May 11, 2004 J{ef[o JI [( (f>er the phone conversation with (f>atric~ the ad" (1 O-d"ay) for the amend"ment to the LCJ)C to 6e presented" to the rJ3oard" of County Commissioners is 6eing revamped". I wi[[ "kj,[[1I the ad" that was previousEy sent to :Napfes CJ)aiEy :News, that was to appear on Prid"ay, JIpri[ 30th. We wi[[ repface that one with the one that (f>atric/tis currentEy preparing. Vpon the su6mission of this prepared" ad" (with map) and" the Orcfinance (signed" 6y (f>atrick), we wi[[ send" it on to :Napfes :News for ad"vertising as a d"ispfay ad". It wi[[ appear in the Prid"ay, JIpri[ 30th ecfition of the newspaper. (f>fease ad"vise if any of the a60ve is incorrect and" give me the go-ahead" to ''kj[['' the current ad". 4/2212004 88 Patricia L. Morgan From: Sent: To: Cc: Subject: White, Patrick Thursday, April 22, 2004 1 :52 PM Patricia L. Morgan Martin, Cecilia; WebbRussell; Murray, Susan BCC AD for 5/11/04 LDC ORD Importance: High ~ ~ Bee LDe REV ad Bee LDe ORD ad 5-11-04 (041604...5-11-04 (042204... n:: . fi . '1.m, pfease ask-tfie ']{(fXN to pu6Cisfi tfie attacfiea aa wfiicfi wiCC aaaress tfie aavertisingfor our UDC cfianges ana tfie ']{otice of Intent to JIcfopt an 01((]) for same, in Cieu of aCC prior aas. rrfiank- 'You- Patrick- <<CBCC L(])C 1(iEo/ aa 5-11-04 (041604).aoc>> <<CBCC L(])C 01((]) aa 5-11-04 (042204-1350).aoc>> ~ 8B ~" " "10 _ ZONING AND LAND DEVELOPMENT REVIEW April 22, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, 114 page, with map attached, legal Notice in your edition of April 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Zoning and land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. May 11, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT AN ORDINANCE RECODIFYING THE lAND DEVELOPMENT CODE Notice is hereby given that on May 11, 2004, at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F ," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement an ordinance recodifying the Collier County Land Development Code, the title of which is as follows: 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- .. -- 8B 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 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 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 -2- ~,. 88 SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. Adoption of the ordinance will be considered at the public hearing on May 11, 2004, but may be continued until May 25, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad 1 (10 day) -3- -.' Sa f:' ZONING AND LAND DEVELOPMENT REVIEW April 22, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC Amendments 2004-Cycle 1 Display Ad ATTENTION: Legal Advertising - Display AD Dear Ms, Perrell: Please publish the following public notice (which I have faxed to you), for a Display, ~ page, with map attached, Legal Notice in your edition of April 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. In addition, please furnish the Minutes and Records Department a copy of this Affidavit of Publication. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 ..... 8a May 11, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT AN ORDINANCE RECODIFYING THE LAND DEVELOPMENT CODE Notice is hereby given that on May 11, 2004, at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3ra Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement an ordinance recodifying the Collier County Land Development Code, the title of which is as follows: 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 -1- ~. 8 B 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 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 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, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, AND SECTION SEVEN, EFFECTIVE DATE. Adoption of the ordinance will be considered at the public hearing on May 11, 2004, but may be continued until May 25, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. -2- Horseshoe Drive, Naples, Florida, A.M. and 5:00 P.M., Monday through 8a between the hours of 8: 00 Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk BCC Ad 1 (10 day) -3- 04/19/04 09:53 FAX 9416436968 COLLIER CO COMMUNITY DEV ~006 ..._-'_.'-~'-'.- 't ~. .. , T I It I 8 I It I a ~ l:\, 1iIJ.-.., 8-B SA ZS p ~ . .. - II II ~ ::l II <:I Z I I (') ::t ::t pi l' 0 . r .. . .. C fT1 ::0 ... _ n () J ~ 0 != C ,.. Z :It ~ -t ~ -< .." r 0 .. ;0 l. 0 .wn:D anD .....,., .... )> ~... ...-- ..- . - . Ann P. Jennejohn To: Subject: Pam Perrell (E-mail) LOC 5-11-04 ~,t~ . 88 Hi pam, Please advertise the atttached on Friday, April 30, 2004. I am faxing you the display map along with a copy of the proposed Ordinance. ~ ~ Thank you, Pam LDC ORD ad ;-11-04 (revised).d.. LDC Amendments 2004-CYCLE 1 re... Ann Minutes & Records 1 UP Fax 1230 Log for Minutes & Records 2397748408 Apr 22 2004 3:44PM 88 Last Transaction ~ ~ ~ Identification Duration ~ Result Apr 22 3:43PM Fax Sent 92634703 1:11 5 OK Ann P. Jennejohn From: Sent: To: Subject: postm aster@clerk.collier.fl.us Thursday, April 22, 2004 3:39 PM Ann P. Jennejohn Delivery Status Notification (Relay) 88 r~ r:.-71.... / L::.-J ATT100306.txt LDC 5-11-04 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com 1 Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 22, 2004 3:38 PM Ann P. Jennejohn Delivered: LDC 5-11-04 jI,. 88 ~ L2::J LDC 5-11-04 <<LDC 5-11-04>> Your message To: Pam Perrell (E-mail) Subject: LDC 5-11-04 Sent: Thu, 22 Apr 2004 15:38:45 -0400 was delivered to the following recipient(s): Perrell, Pamela on Thu, 22 Apr 2004 15:38:13 -0400 1 -I II J j 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 OFTABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME I 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, Notice is hereby given that on May 11. 2004. at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement an ordinance recodifying the Collier County Land Development Code, the title of which is as follows: May 11, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT AN ORDINANCE RECODIFYING THE LAND DEVELOPMENT CODE 1 ~ j j J I I l ! ,I j -------> -- _.--- PUBLICNOTICE ------ PUBLIC NOTICE J>UBLIC NOTICE 88 'OBUOI'MMM .€~-99S (6€~) :9UOLlds191 \ AeM 9JOLlsBUOl SESO L ::> a newspaper that the said 1 said Collier )f Florida, ~r at the post period of I led copy of ler paid nor mt, rebate, vettisement for rity, personally tbey fthe Naples Daily, =ollier County, s of Florida; that In i ,i ~ II I: I! - II Ii ~ .....A......... ft,..#lIll............. ......._ ...___...________ - ._ 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 Notice is hereby given that on May 11. 2004. at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners. proposes to take under advisement an ordinance recodifying the Collier County Land Development Code, the title of which is as follows: May 11, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT AN ORDINANCE RECODIFYING THE LAND DEVELOPMENT CODE PUBLICNOTICE EUBLIC_NOTICE EUBLIC NOTICE 88 06UOl'MMM ,EZ-999 (6EZ) :9U04d9191 \ AeM 9J04s6U019E80L o ewspaper It the said lid Collier 'lorida, at the post iod of I copy of paid nor rebate, tisement for ty, personally lCY .he Naples Daily, .llier County, Jf Florida; that 1 r ~ II I .. II ~ ir 'I Ii 11 ! ! Ii .1 ., i I NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier' Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on April 30th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FIOlida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a petiod of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advettisement for publication in the said newspaper. I/~ ( Signature of affiant) Sworn to and subscribed before me This 30th day of April ,2004 Y;u)Acr.ff ~.~? (Si~p.~ture of notary public) .\;.";. r]J,;?-_ Harnett Busnong ,;,~' ,f, t) MY COMMISSION # DD234689 EXPIRES >".~~ ..~r: July 24, 2007 :..t~i{;;f/ "ONDED THRU TROY FAIN INsURANCE, INC '.T..,.". 06UOrMMM .El-99S (GEl) :aU04dalal \ AeM aJ04s6uOl SEBD L :J 88 PUBLIC ~OTICE PUBLIC NOTICE PUBLIC NOTH May 11, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT AN ORDINANCE RECODIFYING THE LAND DEVELOPMENT CODE Notice is hereby given that on May 11. 2004. at 9:00 A.M., in the Board of Co Commissioners Meeting Room, 3rd Floor, Harmon Turner Building uF," Collier Co Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of Co Q.Qrnrl'lisslQners,. proposes to take ~nder advisement an ordinance recodifyin~ Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COU LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENl REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COU FLOI:tIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMEN[ PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDII OF FACT; SECTION THREE, RECODIFICATION OF THE UNIFIED L DEVELOPMENT CODE,MORE SPECIFICALLY BY CREATING THE FOLLOW CHAPTER 1 . GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, ~ 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.0 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.0 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFEREt SEC. 1.08.00 DEFINITIONS; CHAPTER 2. ZONING DISTRICTS AND Ul INCLUDING SEC. 2.01.00 GENERALLy' SEC. 2.02.00 ESTABLlSHM OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.0 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZOtl DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORD,G HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR B ZONING DISTRICTS; CHAPTER 3 . RESOURCE PROTECTION, INCLU[ SEC. 3.01.()() QENEBALt.'4--SEC.-a.02.oe FLOODPLAIN PROTECT SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTEC1 OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.0 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.0 WELLFIELD ANDGFlOUNDWATEA PROTECTION; CHAPTER 4 - SITE DE~ AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENER~ SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DE~ AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, ~ 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAP BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DE! STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMEt STANDARDS, INCLUDING SEC. 5.01.00 GENERALLy' SEC. 5.02.00 H OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, : 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMEt STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS; CHAPTE - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLICFACILI REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLy' SEC. 6.( ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEW~ SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POT~ WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 W~ Nl~~EMENT SYSTEMS AND DRAINAGE IMp'~O"-~~T.~.~~~~~ I ! I ... I ~ -- No. 99177799 April 30 2004 m. ..,.- '\1 II II ~ _rr_ ... ~ ~I COLUER COUNTY fLORIOA ~ --" Bee Ad 1 (10 day) (i) BOARD OF COUNTY COMMISSIONERS .&fa COLLIER COUNTY, FLORIDA . DONNA FIALA, CHAIRMAN "0,,0. DWIGHT E. BROCK, CLERK By: Ann Jennejohn, DeputyGlerk If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or . hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is mads, which record includes the testimony and evidence upon which the appeal is to be based. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M( and 5:00 P.M., Monday through Friday. Adoption of the ordinance will be considered at the public hearing on May 11, 2004, but may be continued until May 25, 2004. -'"'Sec:"~6.06;ocr"TRA"NSPORTATlON SYSTEM.'-'STANDA,1'tam; \#nAt' I 1:" 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 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 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, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. f Ii L ~ - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMIN'STR~ BODIES, INCl.UDING SEC. 8.01.00 GENERAl.l.Y, SEC. 8.02.00 BOAR COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, 8.04.00 BOARD OF ZONING APPEAl.S, SEC. 8.05.00 BUIl.DING BOAR ADJUSTMENTS AND APPEAl.S, SEC. 8.06.00 ENVIRONMENTAl. ADVI~ COUNCIl., SEC. 8.07.00 HISTORIC/ARCHAEOl.OGICAl. PRESERVJl BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8. COMMUNITY DEVEl.OPMENT AND ENVIRONMENTAl. SERVICES DIVI! CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING 9.01.00 GENERAl.l.Y, SEC. 9.02.00 DEVEl.OPMENT WITH VESTED RIG SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTEI APPl.ICATION, REVIEW, AND DECISION-MAKING PROCEDURES, lNCLU SEC. 10.01.00 GENERALl.Y, SEC. 10.02.00 APPLICATION REQUIREMI SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW ACTION ON APPl.ICATIONS FOR DEVELOPMENT ORDERS AND PETIl FOR AMENDMENTS TO THE OFFICIAl. ZONING MAp, THE l.DC, OR THE SEC. 10.05.00 AMENDMENTS TO DEVEl.OPMENT ORDERS, SEC. 10, APPEAl.S, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDln USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERAB SECTION SIX, INCLUSION IN THE COLl.IER COUNTY LAND DEVELOPI CODE; AND SECTION SEVEN, EFFECTIVE DATE. Adoption of the ordinance will be considered at the public hearing on M 2004, but may be continued until May 25, 2004. All interested parties are invited to appear and be heard. Copies of the prol= ordinance are .available for public inspection in the Department of Zonin~ Land Development Review, Community Development Services Center, 28l Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M( and 5:00 Monday through Friday. If a person decides to appeal any decision made by the Collier County Ba County Commissioners with respect to any matter considered at such mee' hearing, he will need a record of the proceedings, and for such purpose h need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based. 'i' \If;I BOARD OF COUNTY COMMISSIONE COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk BCC Ad 1 (10 day) ." " ...... hCIIMr ~" __rr COLLIER COUNTY Fl N -/j ~ -,,- .... .. II ~ -,,- --" --" No. 99177799 April COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS .... 8G To: Clerk to the Board: Please place the following as a: xD Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Deptl Div: Public Utilities Person: Bala Sridhar Date: 5/4/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 5/25/04 Newspaper(s) to be used: (Complete only if important): xD Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY 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 (ERe) TO $2,660 PER ERC (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RATE FROM $2,950 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? xD Yes 210111-t Y f /10 R,~,w,d ~ Q o No If Yes, what account should be charged for advertising costs: 408- 'I,i) ;/,t)"t Designee Date q 4l?tt:f()c/ I List Attachments: Resolution with Appendix' A' DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FORCLERK'SOFFICEUSEO~~Yi~.( d /,/ r/'h// Date Received: ~ Date of Public hearing: ~ Date Advertised: ~I./ I~: 8e ~" ,~" Be RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LA W 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 (ERC) TO $2,660 PER ERC (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RA TE FROM $2,950 PER ERC TO $3,010 PER ERC (A 2.0 PERCENT INCREASE) FOR ALL CUSTOMER CLASSES; PROVIDING ADELA YED EFFECTIVE DATE OF JUNE 1, 2004. WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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 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 adopted Resolution No. 2001-488 to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, (the Collier County Consolidated Impact Fee Ordinance) to increase the Water and Sewer Impact Fee rates and direct staff to update the Impact Fee after one year; and WHEREAS, in accord with that direction, staff retained Public Resources Management Group, Inc. (Consultant) to review the existing water and sewer impact fees and to recommend changes to those fees when appropriate; 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 to future utility system users of approximately four hundred and eighty-two million dollars ($482 million); and WHEREAS, the Consultant has recommended a water impact fee rate increase from $2,570 per ERC to $2,660 per ERC, (an increase of $90 - or 3.5 percent); and a sewer impact fee rate increase from $2,950 per ERC to $3,010 per ERC (an increase of $60 - or 2.0 percent) for all customer classes, based on ERC equivalents; and I It/<'.. . .... 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 "A" and incorporated 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. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Th~J:t-- Assistant County Attorney b \ 'U ~ ..... ts ~i APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 14, 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE METER SIZE ERC WATER SEWER (SQ.FT.) ALLOCATION (Equivalent IMPACT FEE IMPACT FEE Residential Connection) o TO 4,999 PER UNIT Jf4.!.'. + ~ ~ fl\'>> ''C 1/9!IE T"l" ( B fT'lJW9!1S) 5,000 OR MORE PER gRC p.gR (GPM 24).'~Q)",.1 BASED ON ERe ~ (ORI/9RE T'~l" (B ITl<ROOlIS) ~ (Cn\( ~RQH 1 JIl.1V,1 1(2) Minimum $::5'"'0 RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE METER SIZE ERC WATER SEWER (SQ. FT.) ALLOCATION (Equivalent Residential IMPACT FEE IMPACT FEE Connection) o TO 750 pgR UNIT PER gRC (J,.JJ. $&60 ~ ..............~.. 751 TO 1,500 PER UNIT PER ERC Q47. ~ ~ 1,5Q1 TO 4,999 PER UNIT PER ERC +..Q. ~ ~ (. l "lJ ''C !to FUl Tn l " ( BlTHROOVS) 5,QQO OR MORE PER H,C PER ERC (GPM 24)'2Q)...1 B,\SED ON ERC ~ (OR ',OFUl TH.l" (BlT"R9911S) (C"II "ROil H~'"'t 1131) M" " NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCWSD EtJUlVALENT (Round ERe. to the nearest tenth) MIN MAX MIN MAX ~ Q. +..Q. ~ ~ ....................-..... .J. 1 1 M $J,8-J7. u,.m $J-;J# ~ g U ~ ~ $12,850 ~ $11.750 ........................................ .. J ~ +.J). $13,107 $].().303 $15,(N5 $23,305 .................-.............. .....................-............ J g.,.g. M,9. $20,5€i0 ~ 111 ,093 $23,600 $161,955 .........-.............................. 4 #,(). n $111,350 $331,273 cr,.,., - $380.155 , .............. .............-. e ~ ~ $331,530 $919,803 $3&0,550 l $1,055,&05 .. .............................. . ........................................ g ~ 6IJ(J,.(J $910,060 $1.511,(}()O $1.056.100 $1, 770.(J(J{J APPENDIX A SCHEDULE TWO - EFFECTIVE June 1, 2004 ,.,. Be WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE (Equivalent IMPACT FEE IMPACT FEE Residential Connection) o TO 4,999 PER UNIT 3/4" 1 $2,660 $3,010 (AND NO MORE THAN 4 BATHROOMS) 5,000 OR MORE PER ERC PER (GPM-24)/20)+1 BASED ON ERC $3,010 (OR MORE THAN 4 BA THROOMS) ERC (GPM FROM A WWA M22) Minimum $2660 ......... ...................... RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE METER SIZE ERC WATER SEWER (SQ. FT.) ALLOCATION (Equilla/ent Residential IMPACT FEE IMPACT FEE Connectitm) o TO 750 PER UNIT PER ERC 0.33 $890 $1,005 751 TO 1,500 PER UNIT PER ERC 0.67 $1,775 $2,010 ...............,.......................... .................... . 1,501 TO 4,77.7 . tK UNIT PER ERC 1.0 $2,660 $3,010 (AND NO M BATHROOMS) ."...........,........ ................................... 5,000 OR MORE PER ERC PER ERC (GPM-24)/20)+ 1 BASED ON ERC $3,010 (OR MORE THAN 4 BATHROOMS) (GPM FROM AWWA M22) Minimum $2660 NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCWSD EQUIVALENT (Round ERCs to the nearest tenth) MIN MAX MIN MAX .75 0 1.0 $2,660 $3,010 1 1.1 2.5 $2,926 $6,650 $3,311 $7,525 .....................m........................................... ............................ 1.5 2.6 5.0 $6,916 $13,300 $7,826 :t> 15,050 2 5.1 7.9 $13,566 $21,014 $15,351 $23,779 ......m................................................................ 3 8.0 54.9 $21,280 $146,034 $24,080 $165,249 4 55.0 128.9 $146,300 $342,87-/ .- ,:J:JIJ "':>0 1,.709 6 129.0 357.9 $343,140 $952,014 $388,290 $1,077,279 8 358.0 600.0 $952,280 $1,596,000 $1,077,580 $1,806,000 I... Be .' May 5, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Water/Sewer IMPACT FEE Rates Dear Pam: Please advertise the above referenced notice on Friday, May 14, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Maureen Kenyon, Deputy Clerk P.G./Account # 408-210111-649110 NOTICE OF PUBLIC HEARING ;~. cJt9 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. THE BOARD WILL CONSIDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS 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 (ERC) TO $2,660 PER ERC (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RATE FROM $2,950 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk ( SEAL) Maureen A. Kenyon To: Subject: ,- Be P APERRELL@NAPLESNEWS.COM WATER SEWER IMPACT FEE RATES HOPE YOU HAD A NICE COUPLE OF DAYS OFF. I DID. PLEASE ADVERTISE ATTACHED, ACKNOWLEDGE AND CALL IF YOU HAVE ANY QUESTIONS, 774-8406. ~ ~ Water Sewer mpact Fee Rates.d.. WATER SEWER lPACT FEE RATES.d 1 Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, May 05, 200411:17 AM Maureen A. Kenyon Delivered: WATER SEWER IMPACT FEE RATES B< "/ I'w/ WATER SEWER IMPACT FEE RATES <<WATER SEWER IMPACT FEE RATES>> Your message To: PAPERRELL@NAPLESNEWS.COM Subject: WATER SEWER IMPACT FEE RATES Sent: Wed, 5 May 2004 11:17:58 -0400 was delivered to the following recipient(s): Perrell, Pamela on Wed, 5 May 2004 11:16:50 -0400 1 ~ ~J . --~. Be Maureen A. Kenyon r...;;~ ,.. ioiILu."-' 8e From: Sent: To: Subject: postm aster@clerk.collier.fl.us Wednesday, May 05,200411 :18 AM Maureen A. Kenyon Delivery Status Notification (Relay) [~ F::-7I L::J ATI57736.txt WATER SEWER IMPACT FEE RATES This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. PAPERRELL@NAPLESNEWS.COM 1 Mau reen A. Kenyon j. I~ 8e From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, May 05, 2004 11 :56 AM To: Maureen A. Kenyon Subject: RE: WATER SEWER IMPACT FEE RATES OK -----Original Message----- From: Maureen A. Kenyon [mailto:Maureen.Kenyon@clerk.collierJl.us] Sent: Wednesday, May 05,2004 11:18 AM To: PAPERRELL@NAPLESNEWS.COM Subject: WATER SEWER IMPACT FEE RATES HOPE YOU HAD A NICE COUPLE OF DAYS OFF. I DID. PLEASE ADVERTISE ATTACHED, ACKNOWLEDGE AND CALL IF YOU HAVE ANY QUESTIONS, 774-8406. <<Water Sewer Impact Fee Rates.doc>> <<WATER SEWER IMPACT FEE RATES.doc>> 5/512004 REFERENCE: 001230 58853530 Na,ples Daily News r 8 C No'rl~NG'-- Aft::::::' o:\:~::ation .. - r;:~ofiit*:~ Naples Daily News Collier Countywlll hold --------------------------------------------------+-------------------- '~,t~i~:~?;~:~~i~ Floor, Administration Building, Collier County Government Center, 3301 ~ Tamlaml Trail, Napl,s, Florida. The meeting will begin at 9:00 A.M. THE BOARD WILL CON- SIDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 1.?OLR~~\~ f3EUN~rr1GI SCHEDULE TWO OF AP- i PENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS . AMENDED, (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDI- NANCE)l....lO INCREASE THE WAI~ IMPACT FEE .RATE FllOM $2,570 PER EOUIVALENT RESIDEN- TI~L CONNECTION (ERC) TO $2.660 PER ERe (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RATE FllOM $t;950 PER ERC TO $31.010 PER ERC (AN INCR~ASE OF 2.0 PERCENT INCREASE) FOR ALL CUSTOMER CLASSESL PROVIDING A DELAYEu EFFECTIVE DATE OF JUNE I, ZOO4. NOTE: All Persons wlshll:lQ to s~t~y ~:., ~ COunty ~~: mlnlstl'ator lll'Ior to pre- sentation of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on an Item. The selec- onoannv~tQI speak on behalf of an organllatlon or llI'Oup 15 encouraged. If recog- nl;edby the Chair, ai .pokesp..,son for ai group or '!ianlzatlon _ be aU 10 mln-! utes to Ipea on an I Item. BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 408210111649 NOTICE OFPUBLIC HEAR State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/14 ~,'.~~~~lItiJ'" . "?-'.K'~(f~, , Harnett Bushong .:: ~ ~*~ MY COMMISSION # DD234689 '~~/Jf?fJ~0~~ 24/ .2007 'NS:)l:-'ANCE INC Person. wishing to have written or Ill'lDhlc materials Inclueled In thelOlrd aaencIa pack- eta rou~tsubmlt' said matertal a mllllnMn of 3 weeks prior to the re- .p,,"ve J)I.Ibllc; hearing. In UlY ClIS8. written ma. terl~IJlntendj4t, 0 be COrtSICIel'IG by ... . Board shall be submitted to the appropriate County ,taft a minimum of sev- eil"days ~'to the public hearlflll. All ma- terlalused In presenta. tlons before thellOard will become a p.rma- nent part of the record. Any person who decid- e, to ~pe~1 a decision o ... ~ will need a record of the proceed, Inupert_lnlng thereto anCl th8l'efOI'e. may-need to ensure that II verba- tim ,record of the pro. ceedlnu II made which record InCludes the tes- timony and evidence uRon which the appeal Is bued. BOARD OF COUNTY COMMISlSONERS COLLIER COUNTY, FLORIDA 0ClJlIMA FJALA. CHAIRMAN DWIGHT EI BROCK. CLERK lilY: I~ K<<lYon, = . May 14 No. 6120M AD SPACE: 118.000 INCH FILED ON: 05/14/04 --------------------------)------~----------------+---------------------- Signature of Affiant .4 .\ / Sworn to and Subscribed 2~ Personally known by me RESOLUTION NO. 2004- 183 8e 1. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LA W AND ORDINANCES, AS AMENDED, (THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE ORDINANCE) TO INCREASE THE WATER IMPACT FEE RATE FROM $2,570 PER EQUIVALENT RESIDENTIAL CONNECTION (ERC) TO $2,660 PER ERC (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RA TE FROM $2,950 PER ERC TO $3,010 PER ERC (A 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 (Board) 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 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 adopted Resolution No. 2001-488 to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, (the Collier County Consolidated Impact Fee Ordinance) to increase the Water and Sewer Impact Fee rates and direct staff to update the Impact Fee after one year; and WHEREAS, in accord with that direction, staff retained Public Resources Management Group, Inc. (Consultant) to review the existing water and sewer impact fees and to recommend changes to those fees when appropriate; 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 to future utility system users of approximately four hundred and eighty-two million dollars ($482 million); and WHEREAS, the Consultant has recommended a water impact fee rate increase from $2,570 per ERC to $2,660 per ERC, (an increase of $90 - or 3.5 percent); and a sewer impact fee rate increase from $2,950 per ERC to $3,010 per ERC (an increase of $60 - or 2.0 percent) for all customer classes, based on ERC equivalents; and WHEREAS, the above recommended rate increases establish the BiSC "" 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 "A" and incorporated 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. _\,"1) . t- , ',A:TTEST' .l,~~! . ~.' ~WIGHT"E. BROCK, Clerk ., r n '/', B 'l. ,)', De.nut9Cler 'At~st la~' tc 'ChI sign-at'"" 0011" " Approved as to form and legal sufficiency: ~pf~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COD IfY, FLORIDA d4.~ By: DONNA FIALA, Chairman Item # It!- ;lJ8l'oa -j:i...:;f; Date ~y [''''~ #/ ~;u:t_; kecd ~I'l" :ii:.., (""'r'l~j ~(~ APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 14, 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE BC '4 RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ. FT.) ALLOCATION METER SIZE (Equ;llalent IMPACT FEE IMPACT FEE Residential Connection) o TO 1,999 P~R L1.J>IIT Jf4.!.'. + ~ ~ O"lJ "0 I~OFUl T'U" t B l TflROO liS) 5,000 OR MORE PER ERC p.gR ! (GPM 24)/2Q)*-1 HI,SED ()}j ERe ~ (OR ',OFUl T'U" ( B t TF/R(}O lIS) ~ ! \linimum $::570 RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE (Equivalent Residential IMPACT FEE IMPACT FEE Connection) o TO 750 P~R 'Jl>IIT PIlR ERC (J,.JJ. $&60 ~ .................. ...................... ..................... . ........................... ........N.......... 751 TO 1,500 PER UNIT PER ER-C Q47. ~ ~ .................-......... 1,501 TO 4,999 PER illlIT PER ERC +..Q. ~ ~ f.111t.rJ) 1l.'IJ UQ'lli TH.-f.'" f B IT''ROOlIS) . ...............-............-..... 5,000 OR MORE PER gRC PER ERC (GPM 21)/29)'*-1 BASED ON ERe ~ (OR1/9'1li T"l" (BlTIlROOUS) (bDII VR01( liNE l 1113) M.nHH~ NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR ceWSD EOUIVALENT (Round ERCs to the nearest tenth) MIN MAX MIN MAX ~ Q. +..Q. ~ ~ ...............-............. .J. 1 1 " " $J,8-J7. u,.m $J-;J# ~ g U ~ ~ """ h~fl ~ S11,750 J. -5J .;z...9 $!3,I07 $20,303 $.15,(/15 $23,3(J5 J. &4 M,.9. $20,560 $ 11 I ,(193 $23,600 $1€i1,955 .......... ..m............................................................. 4 J..J.&1) $! 11,350 $331,273 $162,250 $380,255 ..................................... ............... ...........- ................ 9 R9,.Q. ~ $331,530 $919,&03 ,""on ~ nr..- qT- . , g ~ 6IJ()..(}. $920,060 $!,542,OOO $1,056,lO(J $1,770,000 APPENDIX A SCHEDULE TWO - EFFECTIVE June 1, 2004 Be r1",. { :f':~c' WATER & SEWER SYSTEM IMP ACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE (Equil1alent IMPACT FEE IMPACT FEE Residential Connection) o TO 4,999 PER UNIT 3/4" 1 $2,660 $3,010 (AND NO MORE THAN 4 BATHROOMS) ......................................................................................... .......................-....... 5,000 OR MORE PER ERC PER (GPM-24)/20)+1 BASED ON ERC $3,010 (OR MORE THAN 4 BA THROOMS) ERC (GPM FROM A WW A M22) Minimum $2660 RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE (Equivalent Residential IMPACT FEE IMPACT FEE Connection) o TO 750 PER UNIT PER ERC 0.33 $890 $1,005 751 TO 1,500 PER UNIT PER ERC 0.67 $1,775 $2,010 .. .........................u... 1,501 TO 4,999 PER UNIT PER ERC 1.0 $2,660 $3,010 (AND NO MORE THAN 4 BATHROOMS) 5,000 OR MORE PER ERC PER ERC (GPM-24)/20)+1 BASED ON ERC $3,010 (OR MORE THAN 4 BA THROOMS) (GPM FROM AWWA M12) Minimum $2660 NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCWSD EQUIVALENT (Round ERCs to the nearest tenth) MIN MAX MIN MAX .75 0 1.0 $2,660 $3,010 1 1.1 2.5 $2,926 $6,650 $3,311 $7,525 1.5 2.6 5.0 $6,916 $13,300 $7,826 $15,050 2 5.1 7.9 $13,566 $21,014 $15,351 $23,779 3 8.0 54.9 $21,280 $146,034 $24,080 $165,249 4 55.0 128.9 $146,300 $342 u ;,,165,550 $387,989 ............ 6 129.0 357.9 $343,140 $952,014 $388,290 $1,077 ,279 8 358.0 600.0 $952,280 $1,596,000 $1,077,580 $1,806,000 ~- t" 80 ~\+. 1.':;:' L "-- ...J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Other: Originating Deptl Div: Comm.Dev.Serv./Planning Person: Kay Deselem, AICP ~ Date: Petition No. (If none, give brief description): PUDZ-2003-AR-4332, Colonades At Santa Barbara PUD Petitioner: (Name & Address): Richard D. Yovanovich, Good1ette, Coleman & Johnson, P.A., 4001 Tamiami Trail, Ste 300, Naples, Fl 34103 and D. Wayne Arnold, Q. Grady Minor & Assoc. P.A., 3800 Via Del Rey, Bonita Springs, Fl. 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Colonnade Medical Park, LLC, 9240 Bonita Beach Road, Suite 2206, Bonita Springs, Fl. 34135 Hearing before BCC BZA Other Requested Hearing date: Mav 25. 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2003-AR-4332. Colonnades 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 liE" 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 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: acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: #.0 Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agen~a file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: 5 ~ N.1 a J Date Received: Date of Public hearing: - 0 -.J -U, Date Advertised6 ~ ,-0 -.l . I.... fr:", /,. ~. ORDINANCE NO. 04 - /." AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 1 02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGEI8; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "CPUD" COMMERICAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA PUD, 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 COUNTY, FLORIDA, CONSISTING OF 6.83:!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Colonnade Medical 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 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "CPUD" Commercial Planned Unit Development in accordance with the Colonades at Santa Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered GGE18, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. " , 1..-" ':...' 8D SECTION 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. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Y~,t~ Patrick G. White Assistant County Attorney Attachment: Exhibit A PUD Document 1;::"180 COLONADESATSANTABARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR Colonnade Medical Park, LLC 9240 Bonita Beach Road Suite 2206 Bonita Springs, Florida 34135 JUNE 2003 Exhibit "A" G:ICurrentIDeselemlPUD RezoneslColonades @ Santa Barbara POO, AR-4332IPOO documentslClean 1-IJ-04.doc COLONADESATSANTABARBARA \.w. A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.83:t 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, Florida 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, Florida 34134 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER GICurrentIDeselemlPUD RezoneslColonades@ Santa Barbara PUD, AR-4332IPUD documentslelean l-13-04.doc 1~:~.~f8D ;... ;"';~.._i .'- 8D TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 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 Standards 2.16 Landscape Buffers, Berms, Fences and Walls 2.17 Signage 2.18 General Permitted Uses 2.19 Deviations and Substitutions SECTION III OFFICE DISTRICT 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards SECTION IV PRESERVE DISTRICT 4.1 Purpose 4.2 General Description 4.3 Uses Permitted 4.4 Development Standards GICurrentIDeselemlPUD RezoneslColonades@ Sanla Barbara PUD, AR-4332IPUD documenlslelean 1-13-04.doc PAGE ii IV I-I 2-1 3-1 4-1 LIST OF EXHIBITS AND TABLES .. ~ "./:i 0 EXHIBIT A-I EXHIBIT B EXHIBIT C EXHIBIT D Conceptual CPUD Master Plan and Surface Water Management Plan Boundary Survey Location map Legal Description G.\Current\DeselemIPUD Rezones\Colonades@ Santa Barbara PUD, AR-4332IPUD documents\Clean 1-13-04.doc I~d- 80 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 6.83:1: 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 be in compliance 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: STATEMENT OF COMPLIANCE I. 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.l.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 final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. GICurrentIDeselemlPUD RezoneslColonades@ Santa Barbara POO, AR-4332IPUD documentslClean J-13-04.doc 11 "'. _. k iJ - pII<.' v U 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 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. GICurrentIDeselemlPOO RezoneslColonades @ Santa Barbara POO. AR-4332IPUD documentslClean 1-IJ-04.doc 111 SHORT TITLE 1-80 This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE". G:\CurrenIIDeselemIPUD RezoneslColonades@ Santa Barbara PUD, AR-4332IPUD documentslClean 1-13-04.doc IV J .... ,- 80 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL 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 "D". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Colonnade Medical Park, LLC, a Florida Corporation, or its assigns, 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-NGVD. Per FEMA Firm Map Panels No. 1200670415D, dated June 3, 1986, the Colonades at Santa Barbara CPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. Prior to development, vegetation on the site primarily consists of low quality pine flatwoods, 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. G:ICurrentIDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR-4332IPUD documentslClean 1-13-04.doc 1-1 SECTION II lI..t8D 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 4.8:1: acres. Collier County has proposed to acquire an additional .65:1: acre for road right of way purposes. The net developable area outside of those areas proposed for right-of-way is 4.15:1: acres. B. The CPUD Master Plan is illustrated graphically on Exhibit A-I. 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 CPUD shall be in accordance with the contents of this CPUD Ordinance, and to the extent they are not inconsistent with this CPUD Ordinance and applicable sections of the LDC, which is in effect at the time of issuance of any development order. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC 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 LDC in effect at the time of development order application. C. Development permitted by the approval of this CPUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. G:\Current\Deselem\PUD Rezones\Colonades@ Santa Barbara PUD, AR-4332\PUD documents\Clean l~ 13-04.doc 2-2 "-~8D 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 are 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 LDC. 2.5 USE OF RIGHTS-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 AND 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 LDC. 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 A. Changes and amendments may be made to this CPUD Ordinance or CPUD Master GICurrentIDeselemlPOO RezoneslColonades@ Santa Barbara POO, AR-4332IPOO documentslClean 1-J3-04.doc 2-3 i II. . ~D " ", . ~ l ,; . ... ~i< Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 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 ofthe 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, 200 I 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 reqUlre 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. G:ICurrent'DeselemIPUD RezonesIColonades@SantaBarbaraPUD, AR-4332IPUD documeots\Clean 1-1l-04.doc 2-4 K.... t: ,. " _. 5D 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 .75x. acres. The subject site, after excluding improved County Right-of-way easements contains approximately 4.8x. acres of native vegetation. Retention of .75x. 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 construction 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 final 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 F AC. 2.13 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in GICurrentIDeselemlPUD RezoneslColonades@ Santa Barbara PUD, AR-4332IPUD documentslClean 1-13-04.doc 2-5 accordance with Florida Department of Transportation (FDOT) ~anual J U;;;?orm 8 D 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. 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 easements shall reqUIre a 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 LDC, 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 not limited 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 G:ICurrentIDeselemlPUD RezoneslColonades@ Santa Barbara PUD, AR-43J2IPUD documentslClean I-IJ-04.doc 2-6 easement is determined to be necessary, the cost of such Iprove!{shall be~lD 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. 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, 200 I. The following standards shall apply: A. Landscape buffers contiguous to right-of-ways: G:ICurrentIDeselemlPUD RezoneslColonades@ Santa Barbara PUD, AR-4332IPUD documentslClean 1-13-04.doc 2-7 1. Minimum width of 25' measured from the p!erty iiI ""The miSnn number of required trees shall be calculated at I 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. 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. 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 easements, 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 the pedestrian friendly 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. 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:ICurrentlDeselemlPUD Rezones\Colonades@ Santa Barbara POO, AR-4332IPUD documents\Clean ].13-04.doc 2-8 t. .-. 8JJ G. Sidewalks, signage, water management etc. shall be permitted within landscape buffers, per the LDC. 2.17 SIGN AGE 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 ofthe 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 reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. ofthe LDC. 2.18 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Colonades at Santa Barbara CPUD. General permitted uses are those uses, which generally serve G:\CurrentIDeselemIPOO Rezones\Colonades@ Santa Barbara POO, AR-4332IPUD documents\Clean 1-13-04.doc 2-9 ~"...;; , , > ...." 80 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 LDC, 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 LDC. 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 CPUD. 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. 8. 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 (Corridor 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' (see Section 3.4.C.l.a). This deviation is permitted due to the proposed additional right-of-way taking of 9.1' for expansion of Golden Gate Parkway. G:ICurrentIDeselernlPUD RezoneslColonades@ Santa Barbara PUD, AR-4332IPUD docurnentslClean 1-13-04.doc 2-10 SECTION III {, :\!;:; 1'- '.') ~}.)' ~ 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 GENERAL DESCRIPTION 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. 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: I. 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- 8733,8741-8743,8748) 10. Executive Offices (9111) II. Executive and Legislative Offices (9111, 9131) B. Permitted Accessory Uses and Structures I. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Accessory apothecary facility only in conjunction with medical office. 3.4 DEVELOPMENT STANDARDS GICurrentlDeselemlPUD RezoneslColonades @ Santa Barbara POO, AR-4332\PUD documentslClean 1-13-04.doc 3-1 A. 1'''.''. I b ;-'; I'~" .; ; U" ". ... _. Minimum Lot Area: 10,000 S.F. for fee simple lots; nowever, there shall be no minimum lot area for condominium parcels. B. Minimum Lot Width: 50 FT. 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') G\Current\DeselemIPUD Rezone,\Colonade,@ Santa Barbara PUD, AR-4332IPUD document,lClean 1-13-04.doc 3-2 I..;. .. -- 80 .....~,.lot.... D. Maximum Height: 1. Office Buildings: One story, not to exceed thirty-five feet (35'). 2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15 B.2. 3. Architectural features: Forty-five feet (45') G\CurrentIDeselemlPUD Rezon.s\Colonad.s@SantaBarbaraPUD. AR-4JJ2IPUD docum.nls\Clean 1-IJ-04.doc 3-3 SECTION IV I.. t' 80 t.,.." 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 No 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 I. 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 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'). G:\Curren.IDe,elemIPUD Rezone,IColonades@ Santa Barbar. PUD. AR-43321PUD document,ICle.n 1-13-04.doc 4-1 It.. .i. ~~.,' ..... 8D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 OF 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 GGE18, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA PUD, 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 COUNTY, FLORIDA, CONSISTING OF 6.83+/- ACRES, AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2003-AR-4332, Colonnades 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+/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written ~,:,;{,: ~'. ';'t-_'.. '... II < ..\ I',' .~ ~~!f' =' materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts 'Cm!pty'of..G~l,1ier i. CLERK OF THlfcIRCllIT COURT COLLIER COUNTY QoURT4,OUSE 330 I TAMIAMI TIiAIL EAST P.O. BOX 4f~044\" NAPLES, FLORIDA~~~101-3044 .~I \'/ I ,~' 80 ""~:~/~2~<:, Clerk of Courts Accountant Auditor Custodian of C~unty Funds b~J / April 2, 2004 Colonnades Medical Park, LLC 9240 Bonita Beach Road, Suite 2206 Bonita Springs, FL 34135 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-4332: The Colonades at Santa Barbara PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004/ as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~{;1--~,D.(. Ann Jen:6\=j oG-, ~ Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts l::oiipty..~fC~l,1ier ' CLERK. OF THE GIRCUIT COURT - \ COLLIER COUNTY CpURTItO. USE 3301 TAMIAMI ~IL EA~T P.O. BOX4f1U44 \, NAPLES, FLORlDA ~~,41 0 1-3044 '....1 '. t{ I I .,("\ . ....._ t. 80 "~ : ~.w"., Clerk of Courts Accountant Auditor Custodian of C~unty Funds ,~tt;.~ . r :) ...;/1 April 2, 2004 Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-4332: The Colonades at Santa Barbara PUD Dear Mr. Yovanovich: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ 0.( . Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts 'Coiiiity'ofC<l11,lier ..~ CLERK OF THE--GIRCUIT COURT COLLIER COUNTY CpURTtt,OUSE 3301 TAMIAMI T~IL EA;ST P.O. BOX 4f~044 '\ NAPLES, FLORIDA ~~,4l 0 1-3044 .....1 ; 'i/ I IS .- 8D ,..~.::!:}:,:;..,. Clerk of Courts Accountant Auditor Custodian of C~unty Funds -::,....v, . \. I :.9---;/ April 2, 2004 D. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-4332: The Colonades at Santa Barbara PUD Dear Mr. Arnold: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ .p,(~ Ann Jenne Deputy CI Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.f1.us I 'ar 8D April 2, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2003-AR-4332, The Colonades at Santa Barbara PUD Dear Pam: Please advertise the above referenced notice on Sunday, May 9, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 j..." i.-; 8D Ann P. Jennejohn To: Subject: Pam Perrell (E-mail) PUDZ -2003-AR-4332 Good Morning Pam, Please place the attached ad on Sunday, May 9, 2004. ~ ~ Thank you, Ann PUDZ-2003-AR-433 2.doc PUDZ-2003-AR-433 2.doc 1 Ann P. Jennejohn 1- 80 From: Sent: To: Subject: postm aster@c1erk.collier.fl.us Friday, April 02, 2004 8:57 AM Ann P. Jennejohn Delivery Status Notifica 1..2::~ .~ ~71 L::j ATl764178.txt PUDZ-2003-AR-433 2 Colonades at... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com 1 Ann P. Jennejohn 1- 80 From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, April 02, 2004 8:57 AM Ann P. Jen~~~hn 1~~~~_"003-AR-4332 Colonades at Santa Barbara D PUDZ-2003-AR-433 2 Colonades at... <<PUDZ-2003-AR-4332 Colonades at Santa Barbara>> Your message To: Pam Perrell (E-mail) Subject: PUDZ-2003-AR-4332 Colonades at Santa Barbara Sent: Fri, 2 Apr 2004 08:56:22 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 2 Apr 2004 08:57:22 -0500 1 PUDZ-2003-AR-4332 Colonades at Santa Barbara Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Friday, April 02, 2004 3:25 PM Ann P. J -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Friday, April 02, 20048:56 AM To: Pam Perrell (E-mail) Subject: PUDZ-2003-AR-4332 Colonades at Santa Barbara Good Morning Pam, Please place the attached ad on Sunday, May 9,2004. Thank you, Ann ~ ~t:~.' '. t~ 1,:4' "" lJ!. L <<PUDZ -2003-AR-4332 .doc>> <<PUDZ -2003-AR-4332 .doc>> 4/212004 Page I of I Naples Daily News Naples, FL 34102 , b". Affidavit of Publication Naples Daily News ---:O~-~F-~~~~-C~~::::~~~:------------------+------------1i~ CHERI LEFARA room, 3rd Floor, Admin- PO BOX 413016 tstratlon 1I11l1dlng. Col- NAPLES FL 34101-3016 g:~urJl.'i:t~=~! ml Trail, Naples. Iilorlda, the Board of County Commissioners will con., sider the ~tment of a County ordinance.... The m..tlng will com- mence at 9:00 A.M. The' tltle of the llrOPOSed Or. dlnance Is u fOflows: AN ORDINANCE AMEND-: ~~: ft~&Ntr~ENcYM:: L1ER COUNTY LAND DE- VELOPMENT CODE ~J1~~E':{ttf.e~s z~~ I ING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN-' TV. FLORIDA BY AMEND,' ING THE OftlClAL ZON-' ING ATLAS MAP NUM- BERED GOElS' I!ly' CHANGING THE ZONING' CLASSIFICATION OF THE' HEREIN DES REAL PROPERTY MEM ES- TATES TO . . COMo' ~ PLANNED UNIT JnY~t.~FOR A PROJECT TO BE KNOWN AS THECOLONADES AT SANTA BARBARA PUD TWHICH IS LO~TEO AT HE NORTHWEST COR- NER OF GOLDEN GATE r:~~:R"1 :6"Jt/v':RT~ S~I~Ef:I~\~~. ~~WN: 26 EA51t COLLIER co'tlfl TY, FLoRIDA, CONSIS. TING OF &.83+/- ACRES' AEFFEND BY PROVIDING AN CTIVE DATE. REFERENCE: 001230 58837517 113138312649 PUDZ-2003-AR-4332NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/09 AD SPACE: 162.000 INCH FILED ON: 05/10/04 :::~::~::-~~-~~~::~:-----~~j(-~---------------+--------------------------- Sworn to and Subscribed before me this IO..iL day of j'V} A (j 20 CY} Personally known by me X'c''-U~ ~. t1';1 ",';Yif.':'f~/,;;-_ Harriett Bushong (:rJ;.'f~ MY COMMISSION # DD234689 EXPIRES -.:,~~~~.: July 24, 2007 "'~w'."~~" RONDfD THRU TROY fAIN INSURANCE. INC i~.; ..,:, ~~ ....... 80 PUDZ-2003.AR-4332. Col- onnades Medical Park, LLC, represented by Richard D. Yovanovicn. of Goodlette. Coleman. and Johnson, P.A., ana D. Wayne Arnold, AICP, of Q. Grady Minor & As- sociates, P.A. ~uestll1ll a rezone from EM Es- tates to commercial Planned Unit Develo!!- ment .CPUDM fpr a prol- ect to be kn()wn u the colonades at santa Bar- bara PUD. to allow del- velopment of a max - m~m of 351000 square feet of m xed office uses. Property is locat- ed at the northwest cor- ner of Golden Gate Park- way and Santa Barbara BoUlevard. In Section 29, Township 49 South. Range 26 East, Collier Co~ntv. Florida, consIs- ting of6.83+/; acres. Co!!les of the proposed Ori:llnance are on file wIth the Clerk to the Board and are avattabte for Inspect:lon. A!I Inter- ested parties are Invited to attend and be heard. NOTE: All persons wish- Ing to speak on anly agenda itl!m must reg s- ter with the County ad. mlnlstrator prior to pre-' sentatlon of the agenda . Item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec. tlon of an individual to speak on behalf of an organization or group Is encouraoed. If recog- I nlzed by ~ Chairman, , a spokeseerlon for a '" group or organlzatl!ln . may be allotted 10 min' , utes to speak on an Item. Persons wlshll1ll to have written or graphic ma- terials Included Jnkthte Board agenda pic e s must submit said ma; terlal a minimum of , weeks prior to the re spectlve publiC hearing In any case, written ma terlals Intended to b. considered by the Boar. shall be submitted t. the appropriate Count staff a minimum of se~ en days prior to th public hearing. All ml terlaHMed III ~nJ;. tlans before the. Boa~ will become a perm. nent part of the reCord. Any person who decld. to appeal a decision the aoaro will need a r cord of the proceedln' pertaining thereto al therefore. may need ensure that a verbat record of the procee Ings Is made. which I cord Includes the tel mony and evlden u!!on which the app. Is based. BOARD'! OF COUN COMMISSIONERS COLLIER COUNl ,/ :rlala, CHAIRMAI DWIGHT E. BRoe CLERK By: Is/ Ann Jenne]e D8PutY Clerk ~~~ No. 57 8 D ORDINANCE NO. 04 - 35 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" EST A TES TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA PUD, WHICH IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE P ARKW A Y AND SANTA BARBARA BOULEV ARD, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.83::!:: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Colonnade Medical 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 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "CPUD" Commercial Planned Unit Development in accordance with the Colonades at Santa Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Zoning Atlas map or maps, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. ,."- "' " '4-~. ':",- ~~, ..... ~ SECTION TWO: , 8 D 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 ~ Sc.Jhday of m~, , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to Form and Legal Sufficiency y~,~ Patrick G. White Assistant County Attorney Attachment: Exhibit A PUD Document 1~d~ DONNA FIALA, CHAIRMAN .;, .~, t 8 0 COLONADESATSANTABARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR Colonnade Medical Park, LLC 9240 Bonita Beach Road Suite 2206 Bonita Springs, Florida 34135 JUNE 2003 Exhibit "A" G:ICurrentlDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR.4332IPUD documentslrevised pcr BCe 5-25-04.doc 1,- ,. 8 o COLONADESATSANTABARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.83:t 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, Florida 34135 PREPARED BY: Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 And Q. Grady Minor & Assoc. PA 3800 Via Del Rey Bonita Springs, Florida 34134 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC .0 - ~5-c'f ORDINANCE NUMBER tJDO'I. 33 G:ICurrentlDeselemlPUD ReznneslColonades @ Santa Barbara PUD. AR-4332\PUD documentslrevised per BCC 5-25-04.doc TABLE OF CONTENTS LIST OF EXHffiITS AND TABLE STATEMENT OF COMPLIANCE SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION IT PROJECT DEVELOPMENT 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 Standards 2.16 Landscape Buffers, Berms, Fences and Walls 2.17 Signage 2.18 General Permitted Uses 2.19 Deviations and Substitutions SECTION III OFFICE DISTRICT 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards SECTION IV PRESERVE DISTRICT 4.1 Purpose 4.2 General Description 4.3 Uses Permitted 4.4 Development Standards SECTION V DEVELOPMENT COMMITMENT 5.1 Purpose 5.2 General 5.3 CPUD Master Development Plan G:ICurrent\DeselernlPUD RezoneslColonades @ Santa Barbara PUD. AR-43321PUD docurnenlslrevised per BCC 5-25-04.doc 8 D PAGE 11 IV 1-1 2-1 3-1 4-1 5-1 8 D LIST OF EXHffiITS AND TABLES EXHffiIT A-I EXHffiIT B EXHffiIT C EXHffiIT D Conceptual CPUD Master Plan and Surface Water Management Plan Boundary Survey Location map Legal Description G:\Currenl\Dese1em\PUD Rezones\CoLooades @ Sanla Barbara PUD. AR-4332\PUD documenls\revised per BCC 5-25-04.doc 8 D ST ATKMENT 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:t 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 3.1.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 final 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 due to the site's location in a low potential area for containing historical/archaeological G:ICurrentlDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR-4332\PUD documentslrevised per BCC 5-25-04.doc 11 8 D 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. G:ICurrentlDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR-4332\PUD documentslrevised per BCC 5-25-04.doc 111 SHORT TITLE This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE." G:ICurrentlDeselemlPUD RezoneslCnlonades @ Santa Barbara PUD. AR-4332\PUD documents\revised per BCC 5-25-04.doc 1 V 8 D 8 l SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL 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 "D". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Colonnade Medical Park, LLC, a Florida Corporation, or its assigns, 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-NGVD. Per FEMA Firm Map Panels No. 1200670415D, dated June 3, 1986, the Colonades at Santa Barbara CPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. Prior to development, vegetation on the site primarily consists of low quality pine flatwoods, 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. G:ICurrentlDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR-4332\PUD documentslrevised per BIT S-2S-04.doc 1- 2 8 D SECTION II PROJECT DEVELOP:MENT 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:t acres. Collier County has proposed to acquire an additional .65:t acre for road right of way purposes. The net developable area outside of those areas proposed for right- of-way is 4.15:t acres. B. The CPUD Master Plan is illustrated graphically on Exhibit A-I. 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 CPUD shall be in accordance with the contents of this CPUD Ordinance, and to the extent they are not inconsistent with this CPUD Ordinance and applicable sections of the LDC, which is in effect at the time of issuance of any development order. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC 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 LDC in effect at the time of development order application. C. Development permitted by the approval of this CPUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. 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 G:ICurrent\DeselemIPUD RezoneslColonades @ Santa Barhara PUD. AR-43321PUD documentslrevised per BCC 5-25-04.doc 2-1 ~ 8 D 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 are 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 LDC. 2.5 USE OF RIGHTS-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 AND 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 LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under 64E-6 FAC 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 refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. G:ICurrenllDeselemlPUD RezoneslColonades @ Sanla Barbara PUD. AR-43321PUD documenlslrevised per BCC 5-25-04.doc 2- 2 ~ f. 8 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 .75i:. acres. The subject site, after excluding improved County Right-of-way easements contains approximately 4.8i:. acres of native vegetation. Retention of .75i:. acres of Preserve exceeds the required 15% (.72 acres) native vegetation of Section 3.9 of the LDC. G:ICurrenllDeselemlPUD RewneslColonades @ Santa Barbara PUD. AR-43321PUD documenls\revised per BCC 5-25-04.doc 2- 3 8 D D. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 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 final 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 TRANSPORTATION 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. 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 easements shall require a 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 G:ICurrenl\DeseJemIPUD RezoneslColonades @ Sanla Barbara PUD. AR-43321PUD doeumentslrevised per BCC 5-25-04.doc 2-4 I.: 8 l the LDC, 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 not limited 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 LDC 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 Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. 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. G:ICurrentlDeselemlPUD RewneslColonades @ Santa Barbara PUD. AR-43321PUD documentslrevised per BCe 5-25-04.doc 2-5 8 [ 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. 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 G:ICurrentlDeselemlPUD RezoneslCnlnnades @ Santa Barbara PUD. AR-43321PUD documentslrevised per BeC 5.25-04.doc 2-6 " 8 D 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 (I) 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 easements, 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 the pedestrian friendly 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. 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 the LDC. 2.17 SIGNAGE A. GENERAL G:\Currenl\DeselemIPUD Rezones\Colonades @ Santa Barbara PUD. AR.4332IPUD documentslrevised per Bee 5-25-04.doc 2- 7 f 8 D 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 reflect 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 LDC. 2.18 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Colonades at Santa Barbara CPUD. 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 LDC, 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. G:ICurrentlDeselernlPUD RezoneslColonades @ Santa Barbara PUD. AR-43321PUD docurnentslrevised per BCC 5-25-04.doc 2-8 ,t,.; 8 D 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 LDC. 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 CPUD. 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. 8. 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 (Corridor 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' (see 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. G:ICurrenllDeselemlPUD RezoneslColonades @ Santa Barbara PUD. AR-4332IPUD documenlslrevised per BCC 5-25-04.doc 2-9 8 D SECTION III 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 GENERAL DESCRIPTION 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. D. Overnight parking of vehicles and equipment is prohibited. 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~xcept 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 with medical office. G:ICurrent\DeselemIPUD RezoneslColnnades @ Santa Barbara PUD. AR.43321PUD documentslrevised per BCC 5-25-04.dnc 3-1 B D 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 S.F. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. B. Minimum Lot Width: 50 FT. 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: I. Office Buildings: One story, not to exceed thirty-five feet (35'). 2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15 B.2. 3. Architectural features: Forty-five feet (45') G:\Current\DeselemIPUD RezoneslColonades @ Santa Barbara PUD. AR-43321PUD documentslrevised per BCC 5-25-04.doc 3-2 3. Architectural features: Forty-five feet (45') (',\~""I ik...X..,~'Wo~lOlm,,-aoc 3-3 " 8 L 8 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 No 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. Princi pal 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'). G:\Current\DesclemIPUD Rezones\Colonades @ Sanla Barbara PUD, AR-4332\PUD documents\revised per BCC 5-25-04.doc 4-1 8 D 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. Except 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 condominium! 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. G:\Current\DeselemIPUD Rezones\Colonades @ Santa Barbara PUD. AR-4332\PUD documentslrevised per BCC 5-25-04.doc 5-1 -z-- c t I ~ J !~ I I . III -I I . II I I I~ II J -I ., II ;,1 I fill lill I I 1lI11 1111 I!! !! . I! " r.p I II Ii Kd wsz;tO toOZ'/W/(O 'bp'wrn-lAA.lcD d~' Exhibit A II i .,1 III III I- z: w :::E ..... l- e g if ~ C'-I ~ iJJ ~ ~ u c::;) ~ LU LU 0::: 0:::: en -< ~ :E z 2: :s c... << I r ~ C1WtJUlOB YijYSWSl Y1NYS ~ .ltIlIl. - __________ ~~ :::;;;;:.,~____.. II ~ _____T~~__________ . ~~~~ . , .~~I: _~_I't I~ II II L-.----- I' J .- .,:-;--=.=--~:'~ '. " "]~ ., J II II I i , I. II I " tr. 1.1 . . I . -I NFORMATIONAL ONLY 'UDZ-2003-AR-4332 'ROJECT #2003020038 lATE: 3/4/04 . A V fi14'4O!14'T Vl\/I" f J~ it11 M'I:a :f , ., I. f Ii. lit } III.' J J I I i I I I I I I ,I. f ., i I' s II~g I I I~I 'Ii fl"!1 g~GII S~U~ ,:1J lib or.: 1:1 il I!: II !II ~. fl. I c; Jjll~ II II . filIi -...... i ~ ~ S ! ~ 6 ~ ~ i ~ ! ~;i . l! i Ii ~ il ;! I! I. I, -II I.. . I !~ \;l! !i ~~ ~;;; ~ I · I II ; I I I I I I . 1 I I · · ! III I(! I, : ! II. I I, I · -. III! I! II I II!I I ..; -. I I , II' II h h 11-" hill! !II: i -' · · - " Ih" I ~ Ii II ~II -i III !Ill! I ~ h i i !II II hi II III ... .... "" ..'III II( .... . mfY AH7f}()g VI'J......__..-... _-"-A".__ YlfYflNYg Y.lNYS OYlt' .GlJ J.N3fUSV1"'~ , I --- ~ 9 ~ >.. ~ i ~ ~!:l ~ Kg tL ::I;;!l !:: \:- --------~~~ ~ - - ~ .'r-t.a--Y.D<,fK".oo"- - ilTJ iI - ~ ' ~ ~I~ ~ I' I I~,i ~It I ~Iia _! . .Ii ' 2 , ;~d '~ Ii I ! 1'1 I e I: I II I r: I ~: ;1', I :1 I ~l I 1I1 .. ~I ,I : \ -- ~ ~ Aral ,_. _._6 /:' iI ~ ~~I ~i- ..~ !~~ll ~nil ~Ih. I I ~ I I ~ I I' ~ ! ;;; t ! ~ I ~ 11 :... e ~ Exhibit B ~ 6 ~ 11 I S!III ~p. ~ ;I' . ~ 7 I Bi ~ ~ ,.. &1111 . t I~' , ~"" ilil ~ 1<\ I~ ~ u ~ ~~ ~ I .. · ~ 2 ! i. lil~~r; ~.~ 4' ~I tis! . ~! i ij ~~~ ~~ ~~r ;i ~ ~d ~I Siil.;~ I.. loo.,ElJl~ i; ~I ill C$~ ~ ~ o ~ ., f".f = -M= .....olMf".f i"1'= OC(~ ~ ....~= ~ ~~~~~ $=~~~ ~=r,'c;n ,.",.f".f"",,M~ SNf:;"~ ~@O~;" ....~~~~ a .. It ,,' I 3 I II I ' Ila I . I' I II' I 11.111 Ii ,I 1111, I I hhliIllJl!:iilll~.!1 Mil '..DO"'TC I P\:O r - - . r n ..., s VANDERBI L T 'BEACH ROAD ISLAND WAlK VANDERBILT PUD COUNTRY CWB ~ TJ.IF' II:: " . GOlF COUNTRY C L B z 3 ::J a.. .L 2i ,.... a.. iii II:: 01 :( Ii PINE RIDGE ROAD) '\ R. \7 0 GOLDEN D:: ~ GATE ESTA TES Q D KENSlNGTCN GOlDEN i5 PARK ~ ~ GATE III PUD ESTATES ffi ~ , g ~ 0 III -< ,... 0:: -< r CD II:: ~. -< CD GRAY ti ~ OAKS PUD .~ z -< i!: II) ~c;,~E _GATE CITY .- ... 111 , 7- GOO N GAlE PARKWAY \ (S8~ I L-. " ,. , ~ f I ! I EXHIBIT LOCA TI ON "C" MAP \ . "8 0 EXHIBIT "D" Legal Descrip.tion Tract 112, Golden Gate Estates Unit No. 30, as Recorded in Plat Book 7, Page 58 of the Public Records of Collier County. ~ 8 ~ a '8 ~ s f :;; 1 ~ r: I ~ i J o STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circui~, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-35 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004. \~,,\, t'" I ~. * , , , . .....~':J\~t}ER8 · ! . DWIGHT E. BROCK-.:.,................~V'/,.. . ,..... . . \. '"1 Clerk ~f. cou~t.~./~.-~~.~.'~~J.,e..~il{~.....:;. Ex-off~c~o tOi;;3P~..Qt'J :;'j. = County Commi~~'l9~~/I/;:;:?:~ f S ~ ~, 0 0, _ "'; ". ,,-;i'"J:: ". y .,...~ ....:.~~ ... .~.: ~ .A u:. +~.. . ,9,.- -. ID. H-it0 .....J.:r::;.,,,::",,/ I l-"C""'~"'" \' ", '41 0, ",\\\ I, f, It...l' l' By: Linda A. Houtzer Deputy Clerk --<._---_...._....-----~..._-"'_._". 8 D CRA RESOLUTION NO. 2004-181 9A '~j A RESOLUTION OF THE COllIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TO APPOINT AND REAPPOINT MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE lOCAL REDEVELOPMENT ADVISORY BOARD WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency (CRA), adopted CRA Resolution No. 2001-98, establishing the BayshorejGateway Triangle Local Redevelopment Advisory Board; and WHEREAS, CRA Resolution No. 2001-98 adopted bylaws for the BayshorejGateway Triangle Local Redevelopment Advisory Board, which provided that this Board shall consist of seven (7) members to be appointed by the Community Redevelopment Agency; and WHEREAS, on June 13, 2003, the CRA adopted Resolution No. 2003-217 to amend the bylaws in order to increase the membership to nine (9) to include additional At- Large membership; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, public notice was solicited for applications from interested parties; and WHEREAS, the BayshorejGateway Triangle Local Redevelopment Advisory Board has provided the CRA with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUN1Y, FLORIDA, that: 1. Charles H. Gunther is hereby reappointed under the category of Gateway Triangle Representative to the BayshorejGateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to expire on May 22, 2006. 2. William C. Mears is hereby reappointed under the category of At Large Representative to the BayshorejGateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to expire on May 22, 2006. This Resolution adopted after motion, second and majority vote. DATED: May 25, 2004 ATTEST: \\\IIIIWIII1. DWIGHT s.,'~~~~ ....' ,,~. .....~.. .J't~,~ -..; ..:.:"A J,.y..... ~lt.;'. 'J'?e:--~~ '~,~>' f,t:,e~ '1j,4' J';~17,'i~,-~...r';::'_'~'. ~.2)1 ~ ~ ~~~~ l \4'r:I:6\!:;.:1l,~.,.}._;l '~"\ ~;; ~ ::: ...:). ~~>- i~j~\t'!'~,:;,,'{"" ,~1. t.::f ~ '; ~, ; ':~- .,\.": <.;, "!~~~-, .". -<Z = ~ --,' " .... k C IJ. . THE COLLIER COUN1Y COMMUNITY REDEVELOPMENT AGENCY By: 1!~ d~ DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~~~/ - LfJ Davl C. Weigel ~ County Attorney Item # qA Agenda Date 5'~5 'D'1 6-~'ot-{ Data Rec'd ~{/(t~> CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 10A~' 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 record. 1 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 3.0112 Combined Purchaser-Seller closing statement. lOA ..~ 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 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 2 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 lOA '~, 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 contami nation. 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 Closing. 3 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 10A:'~. 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 actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, 4 CONSERVATION COLLIER Tax Identification Number: 21840000029, 21840000045 & 21840000061 lOA '~.:," 4. 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. 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 5 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 lOA ~. 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 and/or 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 51 0 Alameda Ct. Marco Island, FL 34145 Telephone number: 508-274-1672 Fax number: 239-394-4634 6 CONSERVATION COLLIER Tax Identification Number: 21840000029, 21840000045 & 21840000061 IDA .~ l<,~ 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 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 7 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 lOA .,a. Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. BY: {l~ d~ DONNA FIALA, CHAIRMAN " .. ~...~~'~~~erk .. S tWlaturtbR 11_ .:AS TO SELLER: , . {": j -. .,).' DATED: MI ~ (L (i.~ ~GIONEt 8 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 At~~ Approved as to form and legal sufficiency: ~ Ellen T. Chadwell Assistant County Attorney ik s~ /Itr IIl'refl~~ h uJ<- Aj("L~~ -h, C "i'fa.~ k tAil }i1 +k G\ 103/ Ct<.L.)..q.-,JJ e + lk lJ...7~'- J ~//~r ".f /10 aiJl.tO:UL I l..f L n )}. e , A4.J' -h tk './0$ " 11' I CO~~ .fz, 1 T\i. :/vy ~r ttf\lX f1 0 ( J -iWdJl f1JIJv~1 t<.. (,'~~r )tJ II Iten\ # /..::;....:--- t>.-?,enda ~_A &.t, U3\.e~ n..-",,, ~v '''','"..~\.~ L "\R'0!<i -ct ~~.~, r:-- lr(- . ' t{LJJ )~ -O.:.-1'I/)"- F,'A-I" ,ail" ...~-- @~d(t~ rlle'l T~ c h JH;~W"- /I I' A~O fom C!l suf,tc"" ~ r:/ ~ Assistant County Attorne, Ellen T. ChldMell ... \"" "'-, ' ~ ~ r y /) c....: -j c~. . . , _ "-l',~trEST: : . ,mlH:~ i-rr E '" \~: : ~~': . " ,-', " , , I i ., 9 \ \ ep>u y r 'Attest $ to Cha h.,.. sfgnature 01I1J. I .t .. . EXHIBIT "A" lOA '1 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 460 30" 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. IDA r County ~ - - TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMOR // 21,2004 TO: Sue Filson, Executive Manager (BCC) FROM: Kevin Hendricks, Right-of-Way Acquisition Manager SUBJECT: Request for Chairman's Execution of Documents Please note from the attached executive summary that the Board has pre-authorized the Chairman to execute the purchase agreements and developer contribution agreements that are necessary to close on the purchase of the right-of-way required for the intersection improvements at Golden Gate Parkway and Airport Road. The Developer Contribution Agreement in the amount of $1,978,199.40 (see Page 3, Paragraph 9) was authorized and approved under the authority of the attached executive summary. The Purchase Agreement for ParcellOl (part), and the two Purchase and Easement Agreements for Parcels 102A, B & C, 702, and 802 A, B & C, and for Parcels 104A and 704 (all totaling $2,913,202.74) are also authorized and approved under the authority of the attached executive summary, approved by the BCC on May 25, 2004, Agenda Item lOA. The Easement Agreement for Parcels 601 and SOIA, B & C (for $2,500) is authorized and approved under the Gift and Purchase Resolution adopted for the project on April 23, 2002, Resolution No. 2002-203. Please have these agreements executed and forward to the Clerk for attestation. We need them back in hand by tomorrow morning when we will be requesting the checks from the Finance Department. Thank you for your cooperation, and do not hesitate to call me if you have any questions. .5 511E5JJA'\Ufi>-~ ALL.- ~AL .~"C:-~ S.\lC)::'H::~ lOA EXECUTIVE SUMMARY 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 - 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 TIONS: 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 6-1ane 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 POO 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 IMPACT: 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 .. p!e QA 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 MANAGEl\tIENT IMPACT: As part of the County's Capital Improvement Element, the construction of the grade-separated overpass and 6-1ane improvements, this purchase is consistent with the Collier County Growth Management Plan. RECOMMENDA TIONS: 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 Chairman 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. IDA MEMORANDUM Date: July 21, 2004 To: Kevin Hendricks, Right-of-Way Manager Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Purchase and Easement Agreements and Developer Contribution Agreement w/Halstatt Partnership Please find enclosed the Original Documents as referenced above, Agenda Item #10A as approved by the Board of County Commissioners on May 25, 2004. Following the recording of these documents please return the originals to the Minutes and Records Department to be held in the Official Records If you should have any questions, please call me at 774-8406 Thank you, Enclosure(s} lOA.. .... i ~ ..~ c j;~ :;"'i t :""'. :;,.~. 11~ ;.l:Jlt }7..:".;;, DEVELOPER CONTRIBUTION AGREEMENT JUL 2 ; 2004 rr- I dnSpGrraLG~: oiZ yf:;{',/ ,,' ~ .",'>-, :....",. -. . '"".........~' -' -..ii1 THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and entered into this of ,2004, by and between HALSTATT PARTNERSHIP, a Florida General Partnership duly organized and authorized to conduct business in the State of Florida (hereinafter referred to as "Developer"), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105-3227, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13. RECIT ALS: WHEREAS, Developer is the owner of approximately 1,601.39 acres ofland located in Collier County, Florida, which is the site of the Grey Oaks Planned Unit Development (the "POO"). The Legal Description of the POO is attached to this Agreement as Exhibit "A," together with a map ofthe POO; and WHEREAS, the current Planned Unit Development Document for Grey Oaks (the "POO Document") was approved by the Collier County Board of County Commissioners on July 27, 2000, Ordinance 2000-46; and WHEREAS, Section 7.05 of the POO Document provides that Developer shall dedicate certain specified right-of-way in exchange for impact fee credits; and WHEREAS, in furtherance of Section 7.05 of the POO Document, Collier County is requiring Developer to dedicate the lands described in Exhibit "B," attached hereto and made a part hereof, identified as the Golden Gate Parkway Improvements Project Parcel No. 101 (less and except that portion lying north of the northerly line of the south half of Section 26, Township 49 Range 25 containing .1 069 acres), together with Parcel 104B (hereinafter collectively referred to as the "Dedicated Land"); and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for dedication and impact fee pre-payment as set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, at its meeting of May 25, 2004, the Board of County Commissioners approved 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 POO, including the construction of a grade separated overpass at Golden Gate Parkway and Airport- Pulling Road, in exchange for specified impact fee credits and other consideration, and directed the drafting of this Agreement by the Office of the County Attorney. A copy of the Executive Summary is attached to this Agreement as Exhibit "C;" and : ----~ I }~." .::lC..-,'.1 I '! ' . " J. . ~ _d""..',V~f ~.'-, - . \ I ; r!Li. 1.~u,~'.:.:::..1 ~(~fl~.~J IDA ~.,.~ WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the most recently adopted five-year capital improvement program for the County's transportation system. WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement: WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECrT ALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Developer shall convey the Dedicated Land to the County, free and clear of all liens and encumbrances, by Warranty Deed, the general form of which is attached hereto as Exhibit "D." The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Developer will provide the Office of the County Attorney with executed Warranty Deed, suitable for recording, within thirty days of the execution of this Agreement. Upon receipt, the County shall record the easements in the Public Records ofthe County and shall assume the costs associated with the recordation. 3. Right-of-way acquired pursuant to this Agreement may be used for the purpose set forth in Exhibit "C," or for any other public transportation purpose as determined by the Board of County Commissioners. 4. Developer will promptly provide either an attorney's opinion, or a partnership affidavit, identifying the record owner of the Dedicated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Dedicated Land. The opinion or affidavit will specifically describe each of Page 2 of2 \ - E',A~qn"j l",'1 " ..,(; \8 r'" .-_J. .......I~... rl1..E f~U~.,~'::En I OOl. '11 , -.. -.....;..-- 10A"'~4 the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The opinion or affidavit will further set forth the legal authority of Lloyd G. Hendry, Harold S. Lynton, Juliet C. Sproul, Katherine G. Sproul, Juliet A. Sproul, and Jennifer S. Sullivan to execute this Agreement on behalf of both the Developer and its partners. 5. The parties acknowledge that the conveyance of the Dedicated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 6. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 7. The credit for Road Impact Fees identified herein shall run with the Grey Oaks Planned Unit Development land and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or othelWise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It shall be Developer's obligation to notify the County that a credit or a Certificate is available, each time a Building Permit is applied for. Developer may also apply credits for Road Impact Fees towards the first 50% payment required under Division 3.15 of the Land Development Code to obtain Certificates of Public Facility Adequacy. 8. It is expressly understood and agreed that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, that the Developer may freely assign or transfer the Road Impact Fee credits to successor owners of all of part of the Grey Oaks Planned Unit Development, including successor owners of out parcels. The Road Impact Fee credits granted herein for the Grey Oaks Planned Unit Development shall not be assigned or othelWise transferred to another development except as provided for in Collier County Consolidated Impact Fee Ordinance. 9. The amount of the Road Impact Fee credits to be granted under this agreement is ONE MILLION NINE HUNDRED SEVENTY-EIGHT THOUSAND ONE HUNDRED NINETY NINE DOLLARS AND FORTY CENTS ($1,978,199.40). Attached hereto as Exhibit "F" is a copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement. 10. Developer acknowledges that the failure of this Agreeme~t to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. Page 3 of3 - - .- -. ~ .~_...... -..---! ) r - ...... I , "n' ~ ,-..) l ~ ::~!_'~ ,"-,\.i~'_'l \ i t~ J.Qa.U-". IDA ''''''.f 11. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "G" attached hereto and incorporated herein by reference. 12. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 13. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 14. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. 15. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "H". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 16. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator and/or Public Services Administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT .E"'~KOClK,,.Clerk .' .<;....::.. ~::~<~>~,...:.)>.!;\. *".' ...-.\ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, d~ Item# l D A- ~~~da5"J5~bf Date ,,__ "\ \ -- () 4- Rec'd l !2:. By: DONNA FIALA, Chairman Page 4 of 4 .L lOA .. ~ I AS TO DEVELOPER: Signed, sealed and delivered in the presence of: THE HALST A TT PARTNERSHIP, a Florida general partnership if' JL2 ~ A 7; / r.lL( l<.. I .~-al'-(.J.-h Signature GAIL W. ANDERSON Printed Name ~_.L~~ ~. ature ~ SANDRA P. THOMAS Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1{P~ day of ~ I'J 2004, by PAUL J. MARINELLI, as Chief Executive Officer of THE HALSTATT ~ PARTNERSHIP on behalf of THE HALSTATT PARTNERSHIP, a Florida limited partnership, who is personally known to me or has produced as identification. ~j~~ Notary Public U ......... ~ . ..'fL\....v!".\:... SUSAN J. NElSON Pnnt Name: f:~' .J..'1-~ iW ' 004631 M C " E ~~::~,.~~ r:XPIRES: April 21.2005 y ommlsslon xp ""l-p,...:.:lf.. """I J.. NIP 101' l:I ode I, IIW' . I'ti a 11\ U I(J. , rwnters -::--..--.- .. - -~-:-i Page 5 of5 . _ JO.~~7.u. lOA ".". Signed, sealed and delivered in the presence of: THE HALST A TT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S. SULLN AN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January I, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. ~- .(.,. .;O~~r>-n~ . 1 ature SANDRA P. THOMAS Printed Name ~J IJU.,cCL ~~~~ Signature GAIL W. ANDERSON ,~ Cl v\tIJ By: JUL A. SPROUL, as Trustee for uliet C. Sprou Testamentary Trust, a General Partner Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Ilc'~day of --:r;;/r.., , 2004, by JULIET A. SPROUL, as Trustee, a general partner of THE HALSTATT ~ PARTNERSHIP on behalf of THE HALST A TT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. Notary Publi Print Name: My Commission "-.---'7....-- -;,--~-;.-:-~ Page 6 of6 ~ ._, JO.~.'I7 -' ' Signed, sealed and delivered in the presence of: ~~~ S ature SANDRA P. THOMAS Printed Name -L!r!J) &.J a~d1.-<.sJ/. _ Signature GAIL W. ANDERSON Printed Name STATE OF FLORIDA COUNTY OF COLLIER lOA - ~, THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S. SULLIV AN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. ) ~ The foregoing instrument was acknowledged before me this I to -6- day of J " , 2004, by JENNIFER S. SULLIVAN, AS TRUSTEE, for the JULIET C. SPROUL TRUS under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner, on behalf of said Florida Partnership, who is personally known to me or who has produced as identification. Approved as to form and legal,sufficiency: ., 4~t~ VfL({"~.{~ y,l !Jeffrey A. Klatzkow C.' Assistant County Attorney N~~d 1~ Print Name: .....tiAv::.v.'."" SUSA~J.NasON My Commission Expir ='1\ :~: EXPIRES: April 21, 2005 ".l,ro'Iot~" Bonded Thru Notary Public UndelWmers '".f....,lI ,~-:-:~--_.. ----.~----_.. . " '" ~ Page 70f7 I O' ~~rl 10A'~, LIST OF EXHIBITS A TT ACHED TO AGREEMENT Exhibit "A" Legal description and graphic rendering of Grey Oaks PUD/DRI. Exhibit "B" Legal description and graphic rendering of the Dedicated Lands. Exhibit "C" Executive Summary submitted to the Collier County Board of County Commissioners on May 25, 2004. Exhibit "D" Warranty Deed Form. Exhibit "E" Opinion or Affidavit. Exhibit "F" Impact Fee Credit Ledger. Exhibit "G" A Copy of the Risk Management Guidelines applicable to this Agreement. Exhibit "H" Collier County's Alternative Dispute Resolution Procedure. - .,...... - . '. .,.! '. :~, \ . J l , Page 80f8 \,~ JQ~I{'1__._.i IDA EXHIBIT "A" Grey Oaks PUD Legal Description: All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida. lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, Page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, Page 6, O.R. Book 873, Page 1879 and O.R. Book 873, Page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, Page 275, and O.R. Book 465, Page 278, Public Records of Collier County. Florida, ALSO LESS those lands as described in O.R. Book 194, Page 603 and O.R. Book 640, Page 229, Public Records of Collier County, Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East. Collier County. Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, Page 370, Public Records of Collier County, Florida. EXHIBIT L ....--1.- 01....2- .d' 4 C-,: !~"= l ; ~ ii ""-i I ::;:::;; :;,..1 !.::::: =J I"';;;: ~ f:5:':l ttrf I~a.: () 1 i <r. ...... II ,::l i l ~ .. 'f 'Il" 'rllf 1111, ,I , Dr! ji If . Ii u 'I ~i!. g. ,It I I .! = -, .~ -- . ". Ii! II ). , ~ ,. I I I ." dli ft I~g II~I ~ II .,1 s mr~1 IDoomw IIDtM! lID PUD MASTER PLAN - MAP H-l PREPARED FOR- THE HALSTATr PARTNEASHP 1 0 ..,~ EXH\BlT A.'1. P"~ of--=-- Wi~s~nMlller -.-.-.- ~___.r L.........lIIlll.- ':=':'-S::::"==' .....,..-.=... ................- ...............- \ I .-~ ""l ,'.'; : "';\ co 1 \ l!;''';:[i: ~;j:;\.\ER \ \ IO.Jifl--', '....~,... -_:/ Pc 113.1..31 LI9 ".,;:J ; Nor INCW')I~ . TJ+I~ A-,IIA- .LO'-" Ae~ON, HYNDRY ok SPROUL TRUSTEES . OR '332/1004 IW'\.ES COU' COURSE HOUlINCS, LTD. STRAP NO. UIlOOO 2\J.OOO4A21 OR 2311/1404-'411 _ - PROPOSED ADDIT1?NAL RIGHT-Or-WAY . . 'F13: INTEReST LINE Ll L2 L3 L4 L5 L6 L7 L8 L9 LID L11 L12 L13 1.14 LIS L18 L17 L18 'L19 LZO L21 UNE TABLE BEAAING '4 "vi PARCEL 1011 297005.8 Iq. It. 8 3'0 "vi . LENGTH 281.79 68.00 68.18 263.54 3.00 400.00 2.00 1451.53 55.59 24B.7B 797.97 394.88 6BO.58 10.02 379.9' 170.07 102.86 0.14 45.94 99.41 9.00 ---- ~ , r :!: '4 "vi '0 "vi . "8 , '8 .,,' I"E . 'OJ" . 6' " ." I , N . 'I. Jm:rr2U. 513'04'13" "0" 58T28' 42"v1 CURVE TABLE CURVE LENOn! RAOIUS OEtTA CB CO CI 104,18 87.00 4' 93.90 C2 11.71 38.00 17'44' , 4' 1172 C3 101.72 110.00 'I' N4' S' 147.55 C4 397.53 5659.3J 4'01' N '\1' 397.45 CS 22fJ9 SB7b8 ' 4' " 221.37 CI 291.44 58Bl.58 3' S 1. ,'us. 28B.4O - - kj ~~- .EARtH05 AR[ BASEO ON NORTH "ldERIC'JtH OATUW (N.A,O) "88-19'0 AOJUSTVENT STATE .L'HE COOIlDlNATE SYSTEII' (CIllO) fO/l 11.OR10A EAST ZONE. . SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o [ 160 300 SCALE. \'a300' mR: 'COLLlER COUNTY GOVE~NM[Nr BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION FEE SIMPlE INTEREST C(N(IUI. Har( , . lIAS[\.INI: r:~ ~ J/ I II ~! ji 3 ~ J ~ ~ ~ ~ ~ IIfNlS PAW COUNTRY CLUB, INC. OR 1 \7&/172 ........... ----- I~ ~ ~ f~ I '-""'11 ) I L'44 .___.1L SEe-lION 25-4V-'25 - SEcno~~ ~ 11 II BOO BY. B~V\-(~~. 'l ROGER O. ITER, MOf'[SSlOIW. SUfN(VOR It loW)f)rR rLORIOA "TlOH CEnnF1CATE NO ~Jn~ SlGHIOl OAT[. 1-/7 .-eLL NOT VAllO W1nk)IJT 'THE 0Rt0tNAl. SfOIrM.llJJfE . ItAIsr.6 EJ.lBOSSED SL~'" or A flORIDA RCGISTf.R(D PROl'ES~ SUlf~YM AftlD j,WJp[R. -qlIr~'M' 1'\ ""iol 3050 HORTI' HORSttsHoe ORIVU, SUlT'8 :170 NA'''IlS, fLOllIfJ^ J4104 Ph,I04IJ649.1ID9 Fox(\l.CI)II49-'DS6 LO N(t.: 6952 FIt. E NAME Ol-OOl5SKWl '--j I 'oj :.~ ::co:: '...,ui...U ~Q:l ::::::i<~ (J :::l '.:J -... ~; tlrs ~i1: 0 '; ~ -- ,1 -~:. SHErr \ OF ;> EXHIBIT A ',., LEGAL DESCRIPTION FOR PARCEL 101 BEING PART OF SECTION 26,; TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUN1Y, fLORIDA BEING MORE PARTICULARLY DESCRIBED AS! FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26, THENCE S.00'26'42"W" ALONG THE EAST LINE Of THE SOllTJiEAST 1/4 OF SAID SECTION 26, A DISTANCE Of 281.79 FEET; . THENCE LEAVING THE SAID EAST 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 (COUN1Y ROAD .31), AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1161 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE SDO'28'42"W., Ii DISTANCE 66.18 FEl:.l'; (2) THENCE SOUTHWESTERLY' 104.16 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT I-lAVING A RADIUS OF 67.00 FEET THROUGH A CENTRAL ANGLE OF 89'04'23" AND BEING SUBTENDED BY A CHORO WHICH BEARS S.45'OD'54''W.. A DISTANCE OF 903.9B FEET, TO A POINT ON THE NORTHERLY RIGHT-Of-WAY OF GOLDEN GATE PARKWAY (COUN1Y ROAD 88$) AS RECORDED IN OfFICIAL RECORDS BOOK 2064, PAGE 1157 Of THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA; THENCE ALONG THE SAID NqRTHERLY RIGHT-Of-WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES; (1) THENCE 69.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S:89'o33'06"W.. A DISTANCE OF 263.54 FEET; (2) THENCE N.00'26'52"W" A DISTANCE Of J,OO FEET: (3) THENCE 72.00 FEET NORTHERLY AND PARAUEL WITH CENTERliNE OF SAID GOLDEN GATE PARKWAY, S.89'JJ'08"W., A DISTANCE OF 400.00 FEET; (4) THENCE N.00'26'52"W., A DISTANCE Of 2.00 FEET: (5) THENCE 74.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY. S.B9'33'08"W., A DISTANCE OF 1451.53 fEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID GOLDEN GATE PARKWAY, AS RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE 1717 OF THE PUBLIC RECOROS OF COLLIER COUNTY, fLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT -OF -WAY, OF SAID OFFlCIAL RECORDS BOOK 2790, PAGE 1717, THE fOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE N,76'48'28"W., A DISTANCE OF 55.59 FEET; (2) THENCE 87.11 FEET NOflTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.B9'33'06"W., A DISTANCE OF 246.78 fEET; (3) THENCE WESTERLY AND NORTHWESTERLY 11.77 FEET AlONG THE ARC OF A TANGENTiAl CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RADIUS OF 38.00 FEET THROUGH A CENTRAL ANGLE OF 17"44'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81'34'36"W., A DISTANCE OF 11.72 FEET; THENCE LEAVING THE SAID NORTHERLY RIGHT-OF-WAY, AS RECORDED IN SAID Off'CIAL RECORDS BOOK 2790, PAGE 1717, AND ALONG THE SOUl'HERL Y LINE Of LAND AS RECORDED IN OffiCIAL RECORDS BOOK 2361. PAGES 1404 THROUGH 1411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES; , (1) THENCE N.83'11'21"E., A DISTANCE OF 797.97 FEET: (2) THENCE N.85'33'03"E., A DISTANCE OF 394.88 FEET: (03) THENCE N.88'26'28"E., 1\ 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 110 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2845, PAGE 2972 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY LINE OF THE SAID 110 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT, N,88'26'27"E., A DISTANCE OF 379.91 FEET; THENCE N,83'03'18"E., A DISTANCE OF 170.07 FEET: THENCE NORTHEASTERLY 161.72 FEET ALONG THE ARC Of A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF ~ 10.00 FEET THROUGH A CENTRAL ANGLE OF B4'14'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.40'56'IJ"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 (COUN1Y ROAD 31), NORTHERLY 397.53. fEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 5659.303 FEET THROUGH A CENTRAl ANGLE OF 04'01'29" AND BEING SUBTENDEO BY A CHORD WHICH BEARS N.03'11'37"W., A DISTANCE OF 0397.45 fEET; THENCE N.05'42'02"E., A DISTANCE OF 102.86 FEET, TO A POINT ON THE WESTERLY RIGHT-Of-WAY OF SAID AIRPORT-PULLING ROAD (COUNty ROAD J1), AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 Of THE PUBLIC RECORDS OF COLLIER COUt-/1Y, FLORIDA: THENCE ALONG THE WESTERLY RIGHT-OF -WAY OF AIRPORT -PULLING ROAD OF SAID OFFICIAL RECORDS BOOK 953, PAGE 828, S.I3'04'13"E., A DISTANCE OF 0,64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY OF AIRPORT -PUlliNG ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECOROS OF COLLIER COUN1Y, FLORIDA: THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAO (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 145, PAGE 95 THE FOLLOWING TWO (2) (DESCRIBED COURSES); (1) THENCE 50.00 FEET WESTERLY AND PARALLEL WIfH THE CENTERLINE OF SAID AIRPORT -PULLING ROAD (COUNTY ROAD 31), S.05'45'18"E., A 'DISTANCE OF 45.94 FEET; (2) THENCE SOUTHERLY 221,39 FEET ALONG THE ARC Of A TANGENTIAL CIRCULAR 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.D4'38'18"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 1161; THENCE ALONG THE SAID WESTERLY RIGHT-Of-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE 1161, THE fOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.D2'10'12"W., A DISTANCE OF 99.46 fEET; (2) THENCE S.87'28'42"W., A DISTANCE OF 9.00 FEET: (3) THENCE 68.00 FEET WESTERLY AND PARAlLEL WITI-I THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 031), 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" ANO BEING SUBTENDED BY A CHORD WHICH BEARS S.Ol'OI'18"E.. A DISTANCE OF 296.40 FEET, TO THE POINT Of' BEGINNING: CONTAINING 297,005.B SQUARE FEET, MORE OR LESS, CONTAINING 6.82 ACRES. MORE OR lESS. ~HIBIT~ Pege-L- of.....:L "~-I ':"", 1 ,::~ .:?~ 1', ,i~ ~! ;,:;:"~ ''If.\ ':::>_J Q' r-': 't: : ~ -' ......... I::; i -- SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COlliER COUN1Y GOVERNMENT 80ARO Of' COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRJPTTON FEE SiMPLe INTEREST 1?lIi}'M' .I:l. " "Jc'l. ]11'0 NORTIlIIORSllSI1OB ORIVIJ, surm 270 NAPLes, FI.QII,IDA 34'04 Pb (94')6019."11' P.. (941)64'.70'. Ln No.: 6952 . Fit E NAME SHEET 01-0015SK101 ,2 OF 2 INDEX NO: PARCEL 104'9- 111.01 .... fl. FEE SIMPle INTEREST CURVE Cl C2 C3 C4 CURVE TABLE RAlllUS DEL TA 37611,72 '14" 31lll11.72 l' 'D" 39011.72 3729.72 \1 '14" '17" LENGTli 785.40 810,47 818.85 777.07 CB .' , , 0' co 78.1.118 80U9 817.35 775.66 - HAlSTATT PAATENERSHIP OR 1428 1346 Il7WPiR 2064/1162 :l - .- - - ... L8 o I P HERS GREY CW<S, INC. : 9R 250'/'216____ __ u. , , , , , " , , "';7' , , " , , " , , , , , I --1 I I I I I I c, " ~ - sr1~gjA~~ CW<S, INC. .~ - PROPOSED ADDITIONAl. RIGHT-OF-WAY b~bt)j~~ OAI<S, I 'I I I I I I / UNE 11 L2 , l3 l4 l5 l6 L7 L8 L9 110 I.ENGTli 931.88 352.25 40.00 2~ 334.38 806.44 40.00 808.44 JJ4.J8 222.17 w LEGAL DESCRIPTION FOR PARCEL 104B BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLQWS, 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 OFF'ICIAL RECORDS BOOK 1067, PAGE 1973 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID WEST LINE, S.00'22'13"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 GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, 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.89'3.3'36''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 RAOIUS 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 1162 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 SAlD NORTHERLY RIGHT-OF-WAY; THENCE 40,00 FEET NORTHERLY AND PARALLEL OF' THE SAID NORTHERLY RIGHT-Of-WAY, RUN EASTERLY THE FOLLOWING FIVE (5) DESCRIBEOCOURSES; (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 RADJUS OF 3909.72 FEET THROUGH A CENTRAL ANGLE OF 12'00'00" AND BEING SUBTENDEO BY A CHORD WHICH BEARS S.84'30'09"E., A DISTANCE OF 81'7.35 FEET; (3) THENCE S.78'30'09"E,. A DISTANCE OF 334.38 FEET; (4) THENCE SOUTHEASTERLY 777.07 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS Of 3729,7;2 FEET THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDEO BY A CI;lORD WHICH BEARS S.64'28'17"E., A DISTANCE OF 775.66 FEET; (5) THENCE N.89' 33'36"E., A DISTANCE OF 222.17 F'EET, TO THE POINT OF BEGINNING; CONTAINING 118,4.35 SQUARE FEET, MORE OR lESS. CONTAINING 2.72 ACRES, MORE OR LESS. EXHIBIT ..!J... PBQe_ 3~ ot-2.- BlMWOS AR( BASED ON HD~TH AMERICAH DATUM eN.A.D.) U8I-l5JiO AOJUSTMENT STAT[ PlAHl COORDINATl SYSTEW (~I)) FOR FlORIOA EAST lONI:. SI<ETCH '" DESCRIPTION ONLY NOT A BOUNDARY SURVEY o I 1200 BY; R~~c~.t::- ., ~log:,~OitE01ST~i':""(~~E .~'%~ . """"ER .- DAm 5- Z-Z.-c;$ ~o:l.= ~~~E pg"0f'~:-~~'0~~ "=bll:"~SS(O SLAt Of, 380' eoo SCALE; I' _ 800' FOR: COlliER COUNTY GOVERNMENT BOARD OF COUNTY COM~ISSIONERS :1 i GOLDEN GATE PARKWAY IMPROVEMENTS S!{ETCH '" DESCRIPTION D"Wr~Nr. .ll:'\~~Gl ]OSO NORm HORBB6HOB CRlVa. BUlTB 270 NAFLB6, FLORIDA 34104 Ph, (941) 641.1$119 FIX (941)649-7056 l.8 No.: 69.52 FILE NAME 01-0015SK104B FEE SIMPlE INTEREST FLORIDA SHEET 1 OF 1 .,." '1.::4 .. ---.... . . ! '~f ~ :~;~, ~'.i~ C().I ........ --".----... lOA .......... .:' ~... EXECUTIvE SUMMARY To approve Ibe acquisilion of right-of-way required for Ibe conslm.lion of six-lane improvements on Golden Gale Parkway between Airport-PnUlng Road and Uvingston Road and lnlerseclion improvements at Golden Gale Parkway and Alrport-PnUlng Road consistent wilb Ibe Grey Oaks PUD - Project No. 60006. (F1SCAL IMPACT: $4,907,000.) OB.IECTIVE: 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, CONSlDERA nONS: The Grey Oaks PUD document (Ordinance No. 90-48. as amended) required the developer to dedicate right-of-way to CoUier County for the construction of Uvingston 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 f'lISt 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 GoodJene-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 fool. These unit values form the basis of the original Developer Contribution Agreement approved by the Board of County Commissioner on April II, 1995, issuing road impact credits to the Halstatt Partnership, Following the precedent establisbed 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), Halstall 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 IMPACT: 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 EXHIBIT ..L Peu--L- of-L, . --, -: 1 ;.; N ;~ ,; a: .. .(; -t~_~~ - ~.,..".....-_til PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO, IDA WARRANTY DEED THIS WARRANTY DEED made this day of , 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COllIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"), (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns,) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference, Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. 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 the 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 lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, WITNESSES: By: (Signature) [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) EXHIBIT ...Q... p_.J-of~ .~ ~'" <1 ..~,~ ...;1 ';-] _' . ,.. t ...~ I '::~'3 N .,~ , .~~~~~! ,.-,"""."""--> STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_.' by [GRANTOR], who: is personally known to me OR has produced (affix notarial seal) IDA day of as proof of identity, (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WITNESSES: (Signature) By: [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_. by [GRANTOR]. who: is personally known to me OR has produced (affix notarial seal) day of as proof of identity, (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WARRANTY DEED EXH'BIT -12- page~ ot....a- t~ ... ~" ,~.' .: '1r o -. ....... ,- ..... 1 0 A- ...., l' u 'r PARTNERSHIP AFFIDAVIT STATE OF FLORIDA I u COUNTY OF COLLIER I BEFORE ME, the undersigned authority, personally appeared, Paul J, Marinelli, who after first being duly sworn, on oath, deposes and says that: 1. He is "Chief Executive Officer" or "CEO" of The Halstatt Partnership, a Florida general partnership (the "Partnership"), 2, He was designated CEO pursuant to the "Action by Unanimous Consent and Designation of Authority of The Halstatt Partnership" (the "Designation") as recorded in Official Records Book 3547, Page 2413, Public Records of Collier County, Florida, 3. There has been no revocation, partial or complete termination, amendment or suspension of the Designation. 4, The Designation authorizes the CEO and one general partner to execute deeds and any other closing documents on behalf of the Partnership, 5, All necessary consents have been obtained in order to authorize the execution of the easements, agreements, affidavits and other related dedication documents in connection with the Partnership's conveyance of the Property described on Exhibit "A" attached hereto and made a part hereof (the "Property") to Collier County, a political subdivision of the State of Florida. ("County"), 6, The Partnership is the current owner of the Property, 7, The follow parties are the general partners of the partnership: LLOYD G, HENDRY, HAROLD S, LYNTON, and JULIET C, SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, GENERAL PARTNER, And, KATHERINE G. SPROUL, JULIET A. SPROUL, and JENNIFER S, S~IV AN, as Trustees for JULIET C, SPROUL under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official Records Book 2992, page 2016, of the Public Records of Collier County, Florida, GENERAL PARTNER. 8, None of the ~eneral partners have been adjudicated bankrupt or a debtor in a :_,-:--::-:~__~~-,~(} ~ bankruptcy proceedmg, 1 :: "'>~1 :. _:X~::, I EXHIBIT E. \ .~~ _lQ~~1-~-j page...!- of..2... IDA .~ EXHffiIT "F" DEVELOPER'S (HALSTATT PARTNERSHIP) ROAD IMPACT FEE . CREDIT LEDGER IMPORT A NT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the property depicted on Exhibit "A" the Grey Oaks PUD Master Plan - Map H-l. BEGINNING BALANCE, , , . , . , , , , , , , $ 1,978,199.40 DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENT A TlVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ $ $ $ S $ S $ $ S S S $ S $ $ $ $ S $ $ $ ....-r~'-.':i.~~..-;"". .__.-:~,; ;::~~ i ,:;:.;~:-! ._'..... ~ u> ~~1_...._~ EXHIBIT "G" Risk Management Guidelines Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein, The area insured must include the area set forth in Exhibit "C" to this Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form, Developer shall name Collier County as an additional insured on said policy, or a current Phase I Environmental Study of the property. _. ~.-' - .,-. .'.~----"- --~...~, '_~ .IJt_ ~_'17_"_ ~ Exhibit "H" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable, Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682,01 et seq, shall be controlling, These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts, The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court, The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties, Its purpose is the speedy and economical resolution of disputes, Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties, Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. 2, DEFINITIONS: 2,1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation, 2,2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3, JURISDICTION: 3,1 A claim that does not exceed $250,000,00, excluding interest claimed, shall be submitted to binding arbitration, The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000,00 for binding arbitration, but no single claim may exceed that amount. ~\i',-,.:;~,~-~~~~::~'(~' ::'LL.;. : .!...;;..::.:~:: l !._,- LO~~f2._ 3,2 A claim in excess of $250,000,00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties, All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration, 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated, 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed, 3.5 The claim must be a dispute between the County and the prime contractor. 3,6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation, 3,8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4, INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms, The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation, The County's Purchasing Department shall have these forms available and they will be included in the County's bid package, 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department, The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing, 4.4 The Claim Form shall be accompanied by: 2 ~~~:'~'.,:.;'~l \ t' n - Ll.1-J :_. . V. ~.:I. a. A brief summary of the nature of the dispute involved in each part of the claim. b, The amount of compensation being requested for each part of the claim along with supporting information, c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents, It is suggested that information be assembled in a tabbed notebook for ease of reference. d, Contract Time analysis if a Release of Liquidated Damages is included in the claim. e, No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f, If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5, ADMINISTRATION OF ARBITRATION: 5,1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing, 5,2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments, A request for a continuance mustbe submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments, 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated, In any event, a full 3 ;--'~~~) 'E~~:~:~,\i-i L.,., .Lp~~.1_" i re-A ~- III . :~ 4 exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party, 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counselor another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties, a, The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b, The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute, c, Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted, The arbitrators may limit examination and argument as they deem appropriate, 7, CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7,1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record, 7,3 Distinct and severable parts of a claim may be dealt with separately, 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim, At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed, 7,5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered, . 4 --- - ~-- ~~-~:-(7j-: ; \....::... ~.. , __. 1-0. a~fl... 7.6 Conformance to legal rules of evidence shall not be necessary, 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification, 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein, a, A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible, b. Each party shall bear an equal share of the cost of the arbitration panel. c, Each party shall pay its own costs and attorney fees, d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5,2 herein, 8, ADMINISTRA nON OF MEDIA nON: 8,1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation, 8,2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7 -calendar day increments, A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation, Once mediation has begun, it may only be continued in 24 - hour increments, 8.3 The parties are expected to cooperate fully with each other in exchanging information, In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation, In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation, 8.4 Each party shall bear an equal share of the cost of the mediator. 5 . ------..~~~-_... ~'-"-. ,~. ", ,-' ;-;.- ~ . , 1 ,-;U:. .....':"..;:.i L.-.lD_,L':l1__ . 8.5 Each party shall pay its own costs and attorney fees, 8,6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8,7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs, The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8,8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counselor a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation, 8,9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation, 8,10 Counsel shall be permitted to communicate privately with their clients, In the discretion of the mediator, mediation may proceed in the absence of counsel. 8,11 The mediator may meet and consult privately with any party or parties or their counsel, if any, 8,12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, 8,13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150,00 an hour, or the current rate for the Court program, An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation, The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process, 6 r--::-----::- - -- - --.. '--- , _.~L!L~~J._..l roA '* .~ 10. :MEMBERSHIP: 10,1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators, The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities, Any single arbitrator will be selected through the Court Program. 10,2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10,3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10,5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members, Each panel member shall provide a statement of no known conflict. b, No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise hislher ability to impartially resolve disputes, c, No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator, d, The Florida Rules of Court Rules 10,200 et seq" Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10,870 through 10.900. e, Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein, 7 -------~--~--::--~ . ~:,\:--~'; \- '_~::~..~ ..-.J : "\'.;: . . ...;:'.:~.cr~. :: lO~~.1~ ",: -..... " \4 11, MISCELLANEOUS PROVISIONS: a, Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed, Such status shall not create a conflict of interest. 8 '...-------~~.._.-..-.--.. -' . '.' ;:) ~ tQd...lJ1_---.. lID . '~, "" ..~ -, .~, TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal, Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed, Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed, After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators, No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators, No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator, Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith, 9 I :....; r~. 0< :_~ l.o~l.tl~. IDA EXHIBIT "A" Grey Oaks PUD Legal Description: All that part of Section 24, Township 49 South, Range 25 East, Collier County. Florida. lying easterly of that 100 foot canal right-of-way as described in OR Book 154, Page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida. lying easterly of that 100 foot canal right-of-way as described in O.R, Book 154, Page 6, O,R. Book 873, Page 1879 and O,R. Book 813, Page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O,R, Book 465, Page 275, and O.R, Book 465, Page 278, Public Records of Collier County, Florida. ALSO LESS those lands as described in O.R. Book 194. Page 603 and O,R, Book 640. Page 229. Public Records of Collier County, Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida. lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O,R. Book 539, Page 370, Public Records of Collier County, Florida. EXHIBIT...&- Pege..J.- of-1- ~ '1 t- o;" rtt /~5-- ~,- ;:;..n : '-.; ';..~ ,....,.; 1,,'''':: . "'l :.:j~ ~ i~'::1 Jfl I .'5 a: ~!I f:3 ~, 1_.. )I ii " '1'1' ill!lf Jill, ,I I I .. ii ~& j@~ II 81 . !I II ~i g. i. .. I , tl: : - n ~ ~ .~) -- .:. '" , 'I If i ;11 Il:li 610ij ~ dli R n~J ~ ,. ~~i;j !gll~~ ~ ti r;r:I irri.r U al' S rm~1 IDL~rn'17 @~1r<1ID FUD MASTER FLAN - MAP H-l PREPARED FOR. THE HALSTAlT PARTNEASHP .. ~ ) , ':~ exHlBlT ~- ,..~ot~ Wi,s;nMlller ...... ....... .,..... . ...... .......... . r .L tI............. -.. =:.=.-:.~-=-.;.::, -- ...--... ..... .....-.....-...-~....~- --.----..-.-..-;:-~I ~_.- ".. '" _ .'.-:'~_ v\J.. ~ ~ .-'.:'..<":':;' ~ to' ~.~ 1.-,,-~ PC 113.66.31....... \\\\' \\~' XmBIT A ~ POINT OF 1 ( POINT OF ) BEGINNING InCOIolMENCEMENT './1 ---11--____._...11__ PC 106+31.40 ./ 111'- _ ____. ._ __ _ 1:oII.\':l,'f,.l'" ~ ../ I It::::;; '04.31." ___ ___ __ _1'111. It""\ \ r; MMY / AIRPORT-PULlING ROAD SECTION 25-4a-ltl ..:.....7 ...~1 tj/- -rl - -- ..... -.. _=SECTtON :S-4~_~.~5 lJ iJ I iP''''''';JJ:"'" ~1J==- I CEN(JtAL HOf[ " I . ........( ~ . ; I I ~ E,t,ST 1/4 COR, SEC. 26 '" L. ",- r ,.....'U2 "- -------'Ww -'\ - llo- lIS Lf7 .."'...... ...U I L1n ~l ...... ..... ~ ,;:I : ,.,,,r I Me""" &,. Noll THI~ All.8A - .to.... AC~ON, Hl'NDRY & SPROUL TRUSTEES . OR 1332/1004 C4 IW'lES GOIT GOURSE HOlOtNGS, LTo, l STRAP NO, 148000 213.000'-'26 OR 2361/1404-1411 _ - PROPOSED ADDITIONAL RIGHT-OF-WAY . FEE SIMPLE INTEREST LINE UN~~~l~ . LENGTH i Ll '4 "W 281,70 , L2 IJ:w:l "VI eB,OO L3 ~ '4 "VI 68.18 L4 ,~Yci "VI 2B3.54 L5 0"6'!"VI 3.00 L6 - 3'OB"VI 400.00 L7 '6'"'''VI 2,00 LB 3-"O'''VI 145\.53 LS 6'4",""VI 55.59 : lI0 ""VI 246.7B lI1 ~~ c-2~70~_ : lI2 B5'33'0 ~r J94.BB L 13 B' 6' "F 6BO.56 lI4 0.' "VI \ 0,02 Ll5 NAA' 379.91 Ll6 NIS '1. 170.07 ---.h!.?-~' '" t02.86 LlB 513'04'1" 0.64 '1.1 9 on.' A<'" 45.94 L20 50?'ln'l "VI 99.4B L21 S87'2B'42"W 9.00 CURVE TABLE CURVE LENGTII RADIUS OELTA CB Cl 104.16 67.00 liil~04' " ".'NO" 4 C2 11.77 3B.00 17'44' ">OR" 4' C3 161.72 110.00 1"'\"1 ' ~ . I~ ~~~.3J 4'0\'... NnV;1' , C5 22!~ ~I9.5B ,'u'nc SO",.'," CB 29B.44 566'.5A "00'''' sn,:ri','IB' --- PARCEL 1011 297005.8 Iq, ft. - /) r" ","""'........ "_n .. :i .. ... L14 L7 c: - - '" :; ,-...,. ------ '" "J f i ,.... :; ~ ~Vr-- . ~~ ~ ~. 8t: ~l ==----- ~ ,~~ IENtIHQS AR[ BASED ON NORTH AMEAIC'.AN DATUM 1 (N".O' 1;88-'990 """"lU[NT STATE PlAHE COOlIDlHA!E SYSTEIJ (GRIO) FDA FlOR'OA EAS! ZONE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY l!.l , :e CO 93.96 11 72 147.5~ 397.45 22\.37 298.40 ~ ~ , a ~ !i ~ ~ z - - - \80 300 GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION FOR COLLIER COUNTY GOVE'~NMENT BOARD or COUNTY COMMISSIONERS SCALE: \'-306' FEE SIMPlE INTEREST PARCEL -101 COLLIER COUNTY, FLORIDA JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE 01'-0015.18 2 26 ~9 25 I SCALE 300' ~'I L5 I I ~" F==~ II 0- Il I~ 1- t b I I~ I! 1.- - II Iii I-~ I I I I I- I! 11 II I{ l BEARS PAW COUNTRY Cllm, INC. ~ OR 1175/072 \ "J r> I I : l vI I ! 1\ ~ \\ 1/ !'l . i~ \ \ :; ::- I !~ ) I ~--.l( I .. --.~ I PIoe...,L of_ L (/ /) -"",t... 800 IIV r<(;~l/d,... --<____'- "1 "OOER O. . UtR. PftOf'rS5Imw. SlJRV{YOR . l,W'PW fl()1t\[)4 R TRATlON C~.!l!,F1C"!.E., N9-; 5/01 SlO-' 0''1(, 1_ / e:' .-c . .2L NOT VAllO Wlnloo' THE OR401NAl SJ0tU.1UHE Ie IWSf6 EMIlOSSED Sb\l. IIr A nomoi. R((jISTEREO PROfFSSIOHAt StJlM'rOIl AND IMJlPrlt I DATf 5-11-03 ..-----'" l I \ 1?lXr~'"" .ll. .. inl. ~ -: ~:3j .:~ ;.:. N ~ '.::.~ ~l ,; -:-.c"'\ I .'- ''V. " ,: )050 NORTIl HOIlsnsuon ORtVU, surm 27U NAPLCS, PWI<lfIA WOol Ph.(9111)64'.lS09 F...(941)M~7{)56 Ln loin.: M52 mE NAME T SI.IiTr 01-0015SK 101 1 OF 7 --'"'~.~}. DRAWN BY REC EXHIBIT A '~ .," LEGAL DESCRIPTION FOR PARCEL 1 01 BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, fLORIDA BEING MORE PARTICULARI.Y 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 26, A DISTANCE OF 281.79 FEET; , THENCE LEAVING THE SAID EAST 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 1161 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE S.00'26'42"W., Ii DISTANCE 66.18 FEn; (2) THENCE SOUTHWESTERLY 104.16 FEET ALONG THE ARC OF A TANGENTIAl CIRCULAR CURVE TO THE RIGHT I-lAViNG A RADIUS Of 67.00 FEET THROUGH A CENTRAL ANGLE OF 89'04'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S,45'OO'54"W.. A DISTANCE OF 93.96 fEET, TO A POINT ON THE NORTHERLY RiGHT-Of-WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 88()) AS RECORDED iN OFFICIAL RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING fWE (5) DESCRIBED COURSES; (1) THENCE 69.00 FEET NORTHERLY AND PARALLEL WIm CENTERLINE OF SAiD GOLDEN GATE PMKWAY, S.69'33'08"W., A DiSTANCE OF 263.54 FEET; (2) THENCE N.DO'26'52"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"W., A DISTANCE OF 400.00 FEET; (4) THENCE N.00'26'52''w., A DISTANCE OF 2,00 FEET; (5) THENCE 74.00 FEET NORTHERLY ANO 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 GOl.DEN GATE PMKWAY, AS RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE 1717 Of THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY, Of SAID OFFICIAL RECORDS BOOK 2790, PAGE 1717, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE N,76'48'28"W., A DISTANCE OF 55.59 FEET; (2) THENCE 87.11 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'06''w., A DISTANCE OF 246.76 FEET; (3) THENCE WESTERLY AND NORTHWESTERLY 11,77 fEET ALONG THE MC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RADIUS OF 38.00 FEET THROUGH A CENTRAL ANGLE Of 17'44'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81'34'36"W., A DISTANCE OF 11.72 F'EET; THENCE LEAVING THE SAID NORTHERLY RIGHT-Of-WAY, AS RECORDED IN SAID OFFICIAl RECORDS BOOK 2790, PAGE 1717, AND ALONG THE SOUTtiERL Y LINE OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 2361, PAGES 1404 THROUGH 1411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES; , (1) THENCE N.83'11'21"E., A DISTANCE OF 797.97 fEET; (2) THENCE N.65'33'03"E., A DISTANCE OF 394.88 FEET; (3) THENCE N.88'26'28"E., Ii. 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 110 fOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2845, PAGE 2972 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE OF THE SAID 110 fOOT WIDE fLORIDA POWER AND LIGHT EASEMENT, N.88'26'27"E" A DISTANCE OF 379.91 FEET; THENCE N,83'D3'18"E., A DISTANCE Of 170.07 FEET; THENCE NORTHEASTERLY 161.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAL ANGLE OF 84'14'10" AND BEING SlJBTENDED BY A CHORD WHICH BEARS N.40'56'13"E.. A DISTANCE OF 147.55 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE 7025 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 LEFT HAVING A RADiUS OF 5659.33 FEET THROUGH A CENTRAL ANGLE OF 04'01'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.03'II'37"W" A DISTANCE OF 397.45 FEET; THENCE N.05'42'02"E., A DISTANCE OF 102.86 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID AIRPORT-PULLING ROAD (COUN'Y ROAD 31), AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTER~v RIGIH-OF-WAY OF AIRPORT-PULLING ROAD OF SAID OFFICIAL RECORDS BOOK 953, PAGE 828, S.13'04'13"E., A OISTANCE OF 0.64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY OF AIRPORT -PULLING ROAD AS RECORDED 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); (1) THENCE 50.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31), S.05'45'18"E., A 'DISTANCE OF 45.94 FEET; (2) THENCE SOUTHERLY 221.39 FEET ALONG THE MC OF A TANGENTIAL CIRCULAR 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 1161; THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-,PUlLING ROAD (COUNTY ROAD 31) AS RECORDED iN SAlD OFFICIAL RECORDS BOOK 2064, PAGE 1161, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.02'lO'12"W., A OISTANCE OF 99.46 FEET; (2) THENCE S.87'28' 42'W., A DISTANCE OF 9.00 FEET; (3) THENCE 68.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAlO 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 CEI~TRAL ANGLE OF 03'00'00" AND BEING SUBTENDEO BY A CHORD WHICH BEARS S.01'01'18"E., A DISTANCE OF 296.40 FEET, TO THE POINT OF BEGINNING; CONTAINING 297,005.8 SQUME FEET, MORE OR LESS. CONTAINING 6.62 ACRES, MORE OR LESS, EXHIBIT ..LL Page..L of-L ----. i 1 "";N ~: ~' --~;' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOl.J.lEN GATE PARKWAY IMPROVEMENTS SI(E'fCH & DESCHIPTJON FEE SIMPlE INTEREST ~1I~'~ .l=l. y y 1"1. )n,o t>lORTllIIORSIl.UIOH DR lVII, surm 210 NAPl.ES, Fl.ORIDA 34104 Ph (941)6<19-1>"9 '''(lMl)64Y-1UU lJl No.: 6l}~2 fll E NAME SHE n 01-0nl5SK 101 . 2 Of' 2 INDEX NO. PARCEL 1048." . 11'.4>> .... It. CURVE TABLE CURVE LENGlH RADIUS DElTA CB CD C' 785.40 3769.72 1 7llJ.98 C2 810.47 3889.72 I 808,99 CJ 818.85 J9og.72 ' 0' . 817.35 C4 777.07 3729.72 11 '14" '17' 775.66 FEE SIMPlE INTEREST - ~wn ~~~ENERSHIP Il7iiPER 205<1/1162 . - .- - - - La , o I P HERS GREY OAlCS, INC. : - 1 9R 2501/1216__________" I /. I I I " : " I I C I ............i' , I I " , / / I / I I PANTHER f;REY OAlCS, INC. DR 2501/1218 ~ ~ - PROPOS EO ADDITIONAl. RIGHT-OF-WAY PANTHER GIlEY OAICS, 1 C., OR 2501/1218 'f( Il fi UNE , Ll L2 , LJ L4 L5 L8 L7 La L9 lI0 / I I I I I w , 3' a" 7' , "w S ' ,'w N '3' 'w , ,. I.ENGlH 931.88 352.25 40.00 222.12 334.38 808.44 40.00 808.44 334.38 222.17 'N89'33'38"E LEGAL DESCRIPTION FOR PARCEL 104B BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICUlAAL Y DESCRIBED AS FOLLQWS, 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 1 067, PAGE 1973 Of THE PUBLIC RECORDS OF COLLIER COUNlY, fLORIDA; THENCE ALONG THE SAID WEST LINE, S.00'22'13"E., A DISTANCE OF 352,25 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE 5,OO'22'13"E., A DISTANCE OF 40,00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA: THENCE ALONG THE SAID NORTHERLY RIGHT-Of-WAY, THE FOLLOWING riVE (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 RAOIUS 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 78J,98 FEET; (3) THENCE N.78'3D'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.84'3D'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 11 62 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"E" A DISTANCE OF 81'7.35 FEET; (3) THENCE S.78'30'09"E., A DISTANCE OF 334.38 FEET; (4) THENCE SOUTHEASTERLY 777.07 FEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO THE LEFT HAVING A RADIUS Of 3729.7;2 FEET THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED BY A CI;!ORD WHICH BEARS S.84'28'17"E., A DISTANCE OF 775.66 FEET: (5) THENCE N,89'.3J'36"E., A OISTANCE OF 222.17 FEET, TO THE POINT Of BEGINNING; CONTAINING 118.435 SQUARE fEET, MORE OR LESS, CONTAINING 2.72 ACRES, MORE OR LESS. FOR: COlliER COUNTY GOVERNMENT BOARD OF COUNTY COM~ISSIONERS GOLDEN GATE PARKWAY IMPROVENENTS SKETCH 8< DESCRIPTION SCAU: ]' _ 600' EXHlsrr ...!J... P8QIt_ 3..- 01-.2- 1200 BY: R~~ C.:c--.t::- I ROGER G, ~, fllro'(:i!5lONAt SVIM'tOR I( VAPPtR FlORIDA IIEQISTRAlu>>l C[R11r......ATE NO. !t70Z - DATE: 5- z.z .-c.. 5 ~ll.= ~~mJ;:C p~~~~~.~~R ~O~~~S[D S(1.l Ofi 8EMtNa$ M[ 8Ia[O ON HQRTH AMfRICAH DATUM (N.A.O.) 1884-11l11O AO.A.ISTWEHl SfAT[ PLANE COOROINATE SYSTEw (Glm) FOR nORIOA EAST lON(, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o I 300' 800 FEE SIMPlE INTEREST DWT~'~ .l=~~fi~Gl. 30'0 HOk'ni HORBIlBHOB DRM!, IUITll:t10 NAPLES, n.ollIOA]~I04 rll.(~1)60.U09 PuINI}64!0-70S6 1.8 No.: 69'2 FILE NAME SHEET 01-0015SK1048 1 OF , :;~ ',:i ~ .: a :::,..; '. , ~,~; ~# ,!~i - '" I ......." Apr 16, 2002 - 12.546 l.I'\Lond Plo}ocl. R2\01-00l5\dwO\Rovi..d Fo.. <-02-02\01-0022.00H..1048_D2.dw9 lOA ~ ; , EXECUTIVE SUMMARY 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 - 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 IMPACT: 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 , ".'... __<0', Cu. 1-' _:.. .:..:,',,:BEt1 EXHIBIT L ,-e~!:1L page-L- of..ti- 1m ....~ ~.~ Page 2of2 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 IMPACT: 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. RECOMMENDATIONS: 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 Chairman 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, -...-. . i .::' '~\';;'~ ~;:~,~-~:~.7:~ co i ! .- '..'- "J.,...,_::l I Z-. j Oill-~ EXHIBIT c.. page...2- of...2:- O A ~;'... .J PARTNERSHIP AFFIDA VIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Paul J. Marinelli, who after first being duly sworn, on oath, deposes and says that: 1. He is "Chief Executive Officer" or "CEO" of The Halstatt Partnership, a Florida general partnership (the "Partnership"), 2, He was designated CEO pursuant to the "Action by Unanimous Consent and Designation of Authority of The Halstatt Partnership" (the "Designation") as recorded in Official Records Book 3547, Page 2413, Public Records of Collier County, Florida, 3, There has been no revocation, partial or complete termination, amendment or suspension of the Designation. 4. The Designation authorizes the CEO and one general partner to execute deeds and any other closing documents on behalf of the Partnership, 5. All necessary consents have been obtained in order to authorize the execution of the easements, agreements, affidavits and other related dedication documents in connection with the Partnership's conveyance of the Property described on Exhibit "A" attached hereto and made a part hereof (the "Property") to Collier County, a political subdivision of the State of Florida, ("County"), 6. The Partnership is the current owner of the Property, 7. The follow parties are the general partners of the partnership: u..OYD G, HENDRY, HAROLD S, LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, GENERAL PARTNER. And, KATIIERINE G, SPROUL, JULIET A, SPROUL, and JENNIFER S, SULLIVAN, as Trustees for JULIET C. SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1,2002 and filed March 5, 2002, in Official Records Book 2992, page 2016, of the Public Records of Collier County, Florida, GENERAL PARTNER. 8, None of the general partners have been adjudicated bankrupt or a debtor in a bankruptcy proceeding. ! :;;:-'f;'[i :::0t,;:~'~'~ :~", i BIT E. I If) \ tJ1 ~ EXHl . 4_~_rb:L_~: page.-L. of.A.- .. ...., ~ 9, Neither the Partnership nor the general partners are or have ever been a debtor in a bankruptcy proceeding and the proposed conveyance from the Partnership to County of the Property is within its authority, 10, This Affidavit is made for the purpose of inducing County to accept the conveyance of the Property , Dated this day of 2004, Paul J, Marinelli. Chief Executive Officer ST ATE OF FLORIDA COUNTY OF COllIER SWORN TO AND SUBSCRIBED BEFORE ME this by Paul J, Marinelli, who is personally known to me, day of 2004, Notary Public Print Name My Commission Expires: -.---- ----- . ,....:.,~::;'11.~~.~1.;':;:; c:-; ~o&:'- _"LQ~"7 fW'l[S DOLT COURSE HOlOINOS. LTD. STRAP NO. 141000 213.00041.21 OR 2311/1404-14\1 _ - PROPOSED ADOITJ?NAl RIGHT-Dr-WAY , . 'FEES' INTEREST LINE L1 L2 L3 L4 L5 L8 L1 LB LB LID L11 L12 -L13 L14 L1~ U6 U1 L18 , U9 1.20 L21 PC I U+II.31 L LIB Nor INel.UQ,ri: : TH<<'- P,...A - ' .lo",", A&~ON. H'(NORY " SPROUL TRUSTEES . OR 1332/1004 LINE TABLE BEARING , '4 'W '3 'I 'W 8 ' , LENGTH 281.79 8B.Oo 68,lB 283,~4 3.00 400.00 2.00 1451.53 ~5.59 248,78 791 97 J9U8 6BO.~8 10,02 379.91 110.07 102.86 0.84 4~.94 99.48 9.00 PARCEL 1011 297005.B Iq, fl. "W N , 4'13" 1 7' '42"W CURV!: TABLE CtJRVE LEHOTH RADIUS DELTA CO Cl 104.\6 61.00 93.9B C2 11.77 38.00 \1,72 C3 181.12 110,00 147.55 C4 397.53 ~659.J3 397,4~ C5 221.39 5819.~8 'I 221.37 C8 298.44 5881.~8 '0 ' 298.40 - - ~ ~~ IKAIltNGS ARI: IAS(O ~ NO"'" AM€RICAN DATUM I (NAO,) 1088-1t.0 AIlJUSTIAENT STATE Pl.No( COOIIIlIHA1E SYSTEIl' (CRIl) TOR FlORIDA EAST ZOM( . SKETCH & OESCRIPTlON ONLY NOT A BOUNDARY SURVEY 180 l!l , T :e ~ , ~ ~ ~ ~ ~ .--.... "---" ~oo SCALE, '"-300' FOR: . COLLIER COUNTY GOVE'lNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH &< DESCRIPTION FEE SIMPlE INTEREST if ~- -PUl.l.MO RlIAD SEClIOlO 25-40-20 -Sf;C~;- -".- .v_ ......... NlJI( . . MH1.I<( If; ! !/ I' # ; .... ~ !! ; ~11 II BEARS PNIf COUNTRY CLlI8. INC. OIl 1175/472 II \ \ ;\\ u \ \ I~ II 1, -IJ ( EXHIBIT -8- Pege-L- of~ 500 IIY, B~t_~-C,----~. ~ ROO[R o. ntH. PROfUSfDJtW. SURYlVOlt .. IIW'PfR flORlQA R TRATJON ~rIF1t4TE NO. ~l02 SIOHINO DATE, (-Ie: -eLL NOT VAllO W11l1ll\lT T1-IE tIRiClIIlAl. SlClNA'UMI: . ....SE~ D.lROSSEO SlN. Of .It. FLORiDA Rf.OI5Tr.R(O PROFESStnNAL SC~YM ..I,f.N) ~lp[R. ...-. , . i::; I I . ~ c:: , !~~ N ~;-:-,;=-"j ~ ; ~~. ;~ ,~ l::~l4 ~ C?:;:. O~ ; ~!:'~ ,,} ~ i 1?lI~'~' .1=1. y, lnl )OlO NORTlllIllRSIlSHOU ORIVIl, SUI1'll 270 NAPI,I!S, PUJRIO^ l4l1l4 l'It.(94I)64'.U09 P..(\I41).......llIl6 LD No., 6951 FILE NAME 01-00I~SK101 .-..,._~.-..:':.A SHErr I OF EXHIBIT A "",. LEGAl DESCRIPTION FOR PARCEL 101 BEING PART OF SECTION 26,: TOWNSHIP 49 SOUTH, RANGE 25 EAST, COlliER COUNTY, fLORIDA BEING MORE PARTICULARLY DESCRIBED AS! FOLLOWS, COMMENCE AT THE fAST 1/4 CORNER OF SAID SECTION 26, THENCE S.00'26'42''W., ALONG THE EAST LINE Of THE SOUTI1EAST 1/4 Of SAID SE~TION 26, A DISTANCE Of 281,79 fEET; . THENCE LEAVING THE SAID EAST LINE, N.B9'Jl'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 Jl), AS RECORDED IN OffiCIAL RECORDS BOOK 2064, PAGE 1161 Of THE PUBUC RECORDS Of COLLIER COUNTY, fLORIDA, THE fOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE S.0D'2B'42"W., II DISTANCE 66.18 fEET; (2) THENCE SOUTHWESTERLY' 104.16 fEET ALONG THE ARC Of A TANGENTIAl CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 67,00 fEET THROUGH' A CENTRAL ANGLE Of 89'04'2J" AND BEING SUBTENDED BY A CHORD WHICH BEARS S,4:i'OQ'54''W., A DISTANCE OF 9J,98 fEET, TO A POINT ON THE NORTHERLY RIGHT-Of-WAY Of GOLDEN GATE PARKWAY (COUNTY ROAD 88$) AS RECORDED IN OmCIAL RECORDS BOOK 2064, PAGE 1157 Of THE PUBLIC RECORDS OF COLLIER COUNTY, nORIOA; THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY THE FOlLOWING fiVE (5) DESCRIBED COURSES; (1) THENCE 69,00 fEET NORTHERLY AND PARALLEL WITH CENTERUNE OF SAID GOLDEN GATE PARKWAY, S.89'JJ'08''W., A DISTANCE OF 26J,54 fEEl; (2) THENCE N.D0'26'52"W., A DISTANCE Of 3.00 FEET: (3) THENCE 72.00 FEET NORTHERLY AND PARAllEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'JJ'08"W A DISTANCE Of 400.00 fEE1.; . (4) THENCE N.00'26'52"W., A DISTANCE OF 2.00 FEET; (5) THENCE 74.00 fEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOl.DEN GATE PARKWAY, S.89'J3'D8"W., A DISTANCE OF 1451.53 fEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID GOLDEN GATE PARKWAY, AS RECORDED IN OFFICIAL RECo.RDS BOOK 2790, PAGE 1717 OF THE PUBLIC RECORDS Of COLLIER cauNTY, fLaRIOA; THENCE AlONG THE SAID NORTHERLY RIGHT-OF-WAY, OF SAID OFfiCIAL RECORDS BOOK 2790, PAGE 1717, THE fOLLOWING THREE (3) DESC~IBEO COURSES; (1) THENCE N.76'48'28"W., A DISTANCE OF 55,59 FEET; (2) THENCE 87.11 fEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAtD GOLDEN GATE PARKWAY, S.89'33'D8"W., A DISTANCE Of 246.78 fEET; (3) THENCE WESTERLY AND NORTHWESTERLY 11.77 rEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RADIUS Of 38.0.0. fEET THROUGH A CENTRAl ANGLE 0.1" 17'44'33" AND BEING SUBTENDEO BY A CHaRD WHICH BEARS N.81"J4'36"W., A DISTANCE Of 11.72 fEET; THENCE LEAVING THE SAID NORTHERLY RIGHT-OF-WAY, AS RECORDED IN SAID OFFICiAl RECORDS BOOK 2790, PAGE 17 17, AND ALONG THE SOUT'HERL Y LINE 0.1" LAND AS RECORDED IN OfFICIAL RECORDS BOOK 2361, PAGES 1404 THROUGH 1411 OF THE PUBLIC RECORDS OF COLUER COUNTY, fLORIDA, THE FOllOWING THREE (3) DESCRIBED COURSES; , (I) THENCE N.8J'11'21"E.. A DISTANCE OF 797,97 FEET; (2) THENCE N.85'33'03"E., A, DISTANCE Of 394.86 fEET; (J) lHENCE N.88'::!6'28"E., A DISTANCE Of 660,56 FEET; THENCE N,01'42'22"W" A DISTANCE Of 10.02 fEET, TO A POINT ON THE SOUTHERLY LINE Of A 110 FOOT WIDE FLORJOA POWER AND LIGHT EASEUENT AS RECORDED IN OFfICIAL RECORDS BOOK 2645, PAGE 2972 Of THE PUBLIC RECORDS OF COLUER CCUNTY, FLORIDA; THENCE ALONG THE SOlTrHERLY LINE Of THE SAID 110. fOOT WIDE fLORIDA POWER AND LIGHT EASEMENT, N,B8"26'27"E., A DISTANCE Of 379.91 fEET; THENCE N.8J"D3'18"E., A DISTANCE OF 170..0.7 FEET; THENCE NORTHEASTERLY 161.72 fEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO. THE LEfT HAVING A RADIUS Of 110..0.0 fEET THROUGH A CENTRAL ANGLE 0.1" 84'14"0" AND BEING SUBTENOED BY A CHORD WHICH BEARS N.4C'56'1J"E., A DlsiANCE OF 147.55 fEET, TO A POINT OF CCt.lPOUNO CURVATURE; THENCE 70.25 WESTERLY A"'D PARALLEL WITH THE CENTERLINE OF SAID AIRPDRT-PULLlNG ROAD (COUNTY ROAD 31), NORTHERLY 397.53, FEET ALONG THE ARC 0.1' A TANGENTIAl CIRCULAR CURVE TO. THE LEfT HAVING A RADIUS Dr 5659..~3 fEET THROUGH A CENTRAL ANGLE OF 04'0.1'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.o.3'll'J7''W., A DISTANCE Of 397,45 rEET; THENCE N.05'42'02"E., A DISTANCE or 102.86 fEET, TO A PDINT ON THE WESTERl.Y RIGHT-Of-WAY 0.1" SAID AIRPORT-PUI.UNG ROAD (COUNTY ROAD 31), AS RECORDED IN OFfICIAL RECORDS BCCK 95J, PAGE 828 Of THE PUBLIC RECORDS 0.1" caLLIER caumy, fLaRIDA; THENCE ALaNG THE WESTERLY RIGHT-af-WAY 0.1" AIRPORT-PULLING RaAD af SAID OFFICIAL RECORDS BOOK 953, PAGE 826, S.13'0.4'1J"E., A DISTANCE OF 0..64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY Of AIRPORT-PULLING RCAD AS RECOROEO IN OffiCIAL RECORDS BOOK 145, PAGE 95 or THE PUBLIC RECORDS OF COLLIER COUNl'Y, FLORIDA; . THENCE ALONG THE SAID W~STERLY RIGHT-CF-WAY OF AIRPORT-PULLING ROAD (COUNT)'. ROAD 31) AS RECORDED IN SAID OFfiCIAL RECORDS BOo.K 145, PAGE 95 THE FOLLOWING TWO. (2) (DESCRIBED COURSES); (1) THENCE 50,00 FEET WESTERLY AND PARALLEL WITH THE CENTER\.INE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD Jl), S.05'45'18"E., A 'DISTANCE OF 45.94 fEET; (2) THENCE SOUTHERLY 221.39 fEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS or 5679.58 fEET THROUGH A CENTRAL ANGLE OF 02'14'00" ANO BEING SUBTENOED BY A CHORD WHICH BEARS S.04"J8'18"[', A DISTANCE Of 221.37 fEET, TO A POINT ON THE WESTERLY RIGHT-Of-WAY OF AIRPORT-PULUNG ROAD (COUNTY ROAD Jl) AS RECOROED IN SAID OfFICIAL RECORDS BOOK 2064, PAGE 1161; THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN liAID OFfiCIAL RECORDS BOOK 2064, PAGE 1161, THE fOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.02'10'12"W., A DISTANCE OF 99,46 FEET; (2) THENCE: S.87'2B' 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 Jl), SOUTHERLY 296.44 FEET ALONG THE ARC OF A NON-TANGENTIAl CIRCULAR CURVE TO lHE RIGHT HAVING A RADIUS 5661.58 THROUGH A CENTRAL ANGlE OF OJ'OO'OO" AND BEING SU8TENOEO 8'1' A CHORD WHICH BEARS S.0I'OI'18"E., A DISTANCE OF 296.40 fEET, TO THE POINT OF BEGINNING; CONTAINING 297,005.8 SQUARE fEET, t.lORE DR LESS, CONTAINING 6.82 ACRES, MORE OR LESS, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COlLIER COUNTY GOVERNMENT 80ARD OF COUNTY COMMISSIONERS EXHIBIT -A-. ,Page..JL.. of-L GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION FEE SIMPlE INTEREST 1?lIr~'M' J:\. "" i"l. 30'0 NORTIl HORSIiSHOR IlRIVE. surrn 27. NAP1..8S. FLOR.IDA '41 CM Ph 1!I41J 649.1$09 r.. (!I-Il)6....70'. UJ No: dlJS2 1'll.E NAME 01-0015SK101 -!:l ~~'~f ~ "".; 3rJ :: :C' c::::s ~ . .......: ~;HEET 2 or 2 INDEX NO., w CUR\IE TABLE CUR\IE LENGlli RADIUS DELTA CB CO Cl 785.40 378;.72 ' 4" . 783. ;8 C2 810.47 3116;.72 4' BOU; C3 B18.85 3;00.72 817.35 C4 777m 3729.72 11 775.88 Ji FEe SIMPle INTEREST PARCri. 1049 "',431 .... It - ~~1 ~~LENERSHIP L8 1'(11I 2014/1112 ~-.---- o ',I PANTHERS GREY OAKS, INC. : 9R 2501/1216__ ____.___" I . I I I I , I I I C, I "~/ I I , I I I , I , I I I I I I 1 I I I , I br.ANTtJllA~~ OAKS, /He. ~ --- - PROPOSED AllJlITIDNAL RIGHT -OF-WAY b~M~lfs OAKS, C'I I I I I I .~ UN[ TAB\,,[ BEARING '4' . , '1 / LINE , LI L2 LJ L4 l5 L8 l7 L8 L9 LtO 'w 7 '30' 'w \"[NGTl-1 9JU8 352.25 40.00 222,12 334.38 808.44 40.00 608,44 334,J8 222.17 .N89'JJ'38"t L~GAL DESCRIPTION FOR PARCEL 104B BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS fOLLQWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 25; THENCES.69'34'3B"W, AlONG THE NORTH LINE OF THE SOUTH 1/2 Of SAID SECTION 25, A DISTANCE OF 931.66 fEET TO A POINT ON THE WEST LINE OF FLORIDA POWER AND LIGHT COLUER 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.00'22'13"E" A DISTANCE OF 352,25 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE S.00'22"3"E., A DISTANCE OF 40.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA: THENCE ALONG THE SAID NORTHERLY RIGHT -OF-WAY, THE FOLLOWING FIVE (5) DESCRIBED COURSES: (\) 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 11'58'14' AND BEING SUBTENOED BY A CHORO WHICH BEARS ~.64'26'17''W., A DISTANCE OF 783,96 FEET; (3) THENCE N.76'30'09"W., A DISTANCE OF 334.38 fEET; (4) THENCE NORTHWESTERLY AND WESTERLY 810.47 F'EET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 3669,72 FEET THROUGH A CENTRAL ANGLE OF \ 2'00'00. AND BEING SUBTENDEO BY A CHORD WHICH BEARS N.64'30'09''W., A DISTANCE OF' 606.99 FEET; (5) THENCE S,B9'29'51 "W., A DISTANCE Of 808,44 FEET, TO THE EASTERLY LINE OF RIGHT-Of-WAY AS RECORDED IN OfFICIAL RECORDS BOOK 2064, PAGE 1162 Of THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; , , THENCE ALONG THE SAID EASTERLY LINE, N.OD'30'D9'W., A DISTANCE Of 40.00 fEET, TO A POINT LYING 40,00 FEET NORTHERLY OF SAlO NORTHERLY RIGHT-Of-WAY; THENCE 40.00 FEET NORn~ERLY AND PARAlLEL OF THE SAIO NORTHERLY RIGHT-Of-WAY, RUN EASTERLY THE FOLLOWING fiVE (5) DESCRIBEtt..COURSES; (1) THENCE N.89'29'SI "E., A DISTANCE Of BOB.44 FEET; (2) THENCE EASTERLY AND SOUTHEASTERLY 616,85 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,64'30'D9"E., A OISTANCE OF 617,35 FEET; (3) THENCE S.78'30'09"E., A DISTANCE OF 334.38 fEET; (4) THENCE SOUTHEASTERLY 777.07 FEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO THE LEFT HAVING A RADIUS OF 3729.7;1 FEET THROUGH A CENTRAL ANGLE OF 11'56'14' AND BEING SUBTENDED By A CI;lORD WHICH BEARS S,64'2B'17"E., A DISTANCE OF 775,66 FEET; (5) THENCE N.89'33'36"[', A DISTANCE OF 222,17 FEET, TO THE POINT OF BEGINNING; CONTAINING 116,435 SQUARE, fEET, MORE OR LESS. EXHIBIT -L CONTAINING 2.72 ACRES, MORE OR LESS. Page~ of~ BEAIItHOI Nt( ....0 OH NOJmt AWlft:AH OA,TUw (NAO,) ....- 'uo OIWSIAlEHI SIATt: PlANE CllOROlNAl[ SYSTEW (CIllO) rOIl "-OllIlA [ASJ 1_. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o I JOO. aDo I aDO .., ~.OO(!f~(G~. ,.:E: WAPPER n,ORICA R'tGtS1aAltQN UImfY".A,YI: NOs;. 6702 .....NO DAlt: 6 _ z.z -Co.> ~k= :~\':.~ ~~1~R=D~ag,SSEO SEAl or, FOR: COlliER COUNTY GOVERNMENT BOARD OF COUNTY COM~ISSIONERS :1 GOLDEN GATE PARKWAY IMPROVEMENTS I SKETCH &. DESCRIPTION SCALI:: I' . aDo' FEE SIMPlE INTEREST RWA .;, _ -.J _! ~~.) r-, ~j ~ :: ~ '~:~. ""r 16, 2002 - 12,54,6 M;ILand Prajocls R2\01-OO r~\d,..g\Royj..d F... .":1I2-1I2\1I1-0022,OOH..'04B_02.dW9 lD50 NORTH HOIlaB.HOB DllIVll, 11.111:170 NAPLe8, nDRlDA ."04 Ph.(J4II"'J.UOt '.1(J41164l1-7o.l0 /,8 N..: 6fJ1 FILE NAME SHEET 01-0015SKI04B 1 OF 1 Exhibit "H" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling, These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation, Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes, Arbitration is traditionally a less formal process than court litigation, Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties, Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures, 2, DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation, 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3, JURISDICTION: 3.1 A claim that does not exceed $250,000,00, excluding interest claimed, shall be submitted to binding arbitration, The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000,00 for binding arbitration, but no single claim may exceed that amount. . .~.. . .~..., ,....' \." J ; ~ ",:...:;it:~~R ~ IO.~y.J_~i l-e-A ~ 3,2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration, 3,3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated, 3,4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the c1aim(s) until the dispute resolution process has been completed, 3,5 The claim must be a dispute between the County and the prime contractor. 3,6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3,8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4, INITIATING DISPUTE RESOLUTION PROCEDURE: 4,1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations, 4,2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms, The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation, The County's Purchasing Department shall have these forms available and they will be included in the County's bid package, 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: 2 \-~q{i ;:0~~~~~, CJ I L. .lQ~1_-~ IDA "" a. A brief summary of the nature of the dispute involved in each part of the claim. b, The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents, It is suggested that information be assembled in a tabbed notebook for ease of reference, d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e, No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f, If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5, ADMINISTRATION OF ARBITRATION: 5,1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing, 5,2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments, A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing, In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated, In any event, a full 3 .~._- _.......... ."_._'-"---~--. ",~ ;_:'~n ~:J : ._.. lQ~"9; ~J . " IDA ., t~~-;"; exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party, 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness, 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counselor another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties, a, The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute, c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted, The arbitrators may limit examination and argument as they deem appropriate, 7, CONDucrOFEVIDENTIARY HEARING IN ARBITRATION: 7,1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing, 7.2 Documents will be accepted and identified for the record, 7.3 Distinct and severable parts of a claim may be dealt with separately, 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed, 7,5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted, The arbitration panel will be the sole judge of the relevance and materiality of evidence offered, . 4 '-' '~-:--~~--':~:::~;'~; ~ ::-, _. Ja~1-J .'4f 7.6 Conformance to legal'rules of evidence shall not be necessary, 7,7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein, a, A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible, b. Each party shall bear an equal share of the cost of the arbitration panel. c, Each party shall pay its own costs and attorney fees, d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5,2 herein, 8, ADMINISTRATION OF MEDIATION: 8,1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation, 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7 -calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation, Once mediation has begun, it may only be continued in 24 - hour increments, 8,3 The parties are expected to cooperate fully with each other in exchanging information, In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation, In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8,4 Each party shall bear an equal share of the cost of the mediator, 5 ;._.._-_..::-~ -_.,..#_~. ~-~---:--I, ::; " ) \ -- ..,.::',::, ~ L_..Jo.rA:.~L,.J " 8.5 Each party shall pay its own costs and attorney fees, 8,6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein, 8,7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8,8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counselor a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation, 8,9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8,10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8,12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, 8,13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation, With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150,00 an hour, or the current rate for the Court program, An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation, The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process, 6 i-:~;; .:;-::: :~~~. .:2:,"3]~ , l:iL: "<j:~~d~H 1 I j ;_jf2AY:l_; IDA ~ 10, MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities, Any single arbitrator will be selected through the Court Program. 10,2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County. nor have any conflict of interest, 10,5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise hislher ability to impartially resolve disputes, c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d, The Florida Rules of Court Rules 10.200 et seq" Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e, Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein, 7 .- -~-;:~~'~;',~~\;.:,IR co I L. .JJ)'~'L.J .., 11. MISCELLANEOUS PROVISIONS: a, Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. 8 ~;; "i~L:',R C:.J-' I ,'iU': ',U~13r:R :_~ _WI! 'IJ j II TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal, Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed, Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed, After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators, No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators, No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator, Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation, Both parties must undertake all ADR proceedings in good faith, 9 ;-7". c.'"'' ,.." ; '~R eel " I -'~""~~ I;.~i;~-E:> i ~,\,,- .....I:""J n L_~ OFFICIAL RECORDED DEVELOPER CONTRIBUTION AGREEMENT BETWEEN HALSTATT PARTNERSHIP AND COLLIER COUNTY RECORDED JULY 22, 2004 I k .. lORE) JUL 2 1 20[h .:~, DEVELOPER CONTRIBUTION AGREEMENT tanSpU(!H THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and entered into this2'J' of --:To L.L( ,2004, by and between HALSTATT PARTNERSHIP, a Florida General Partnership duly organized and authorized to conduct business in the State of Florida (hereinafter referred to as "Developer"), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105-3227, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"), All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee ~ ~ ~ Ordinance, Ordinance No, 2001-13, C"'.J C"1 oCY") co ...., <'" <!> -= _...... en ..... ....- -...... <J =.... -== "'" ...... <J o--'l ..... 1.4'"") .,..:' c::>~ C"'.J = m8.... "'" "'" .... .. - ~ .....:I ~ ~<J P-o 8 ...; <J <J = ~....."'" ~ 0= "-D ~ .,.; m~E-- <J = "'" <!> -- ec:::......... 0:: o--'l ~ c::> ~ :E <J .... co ~~ m~c:.; C"'.J <=> Lr"') ~ +-l ~....,m ~ <::- ('Y"") -..--i ~ = '" - -... = '" "'" r" = -... <J ........ -= "'" R E C I TAL S: WHEREAS, Developer is the owner of approximately 1,601.39 acres of land located in Collier County, Florida, which is the site of the Grey Oaks Planned Unit Development (the "PUD") , The Legal Description of the PUD is attached to this Agreement as Exhibit "A," together with a map ofthe PUD; and WHEREAS, the current Planned Unit Development Document for Grey Oaks (the "PUD Document") was approved by the Collier County Board of County Commissioners on July 27, 2000, Ordinance 2000-46; and WHEREAS, Section 7,05 of the PUD Document provides that Developer shall dedicate certain specified right-of-way in exchange for impact fee credits; and WHEREAS, in furtherance of Section 7,05 of the PUD Document, Collier County is requiring Developer to dedicate the lands described in Exhibit "B," attached hereto and made a part hereof, identified as the Golden Gate Parkway Improvements Project Parcel No, 101 (less and except that portion lying north of the northerly line of the south half of Section 26, Township 49 Range 25 containing ,1069 acres), together with Parcel 104B (hereinafter collectively referred to as the "Dedicated Land"); and "'" = = -" ..... WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for dedication and impact fee pre-payment as set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and = = E-- ""'- < ~ WHEREAS, at its meeting of May 25, 2004, the Board of County Commissioners iE e approved the acquisition of right-of-way required for the construction of six-lane improvements ~ E :;;: on Golden Gate Parkway between Airport-Pulling Road and Livingston Road and intersection = '" .5 5 iE :::: improvements at Golden Gate Parkway and Airport-Pulling Road consistent with the PUD, ~ ~ ;::; ~ including the construction of a grade separated overpass at Golden Gate Parkway and Airport- Pulling Road, in exchange for specified impact fee credits and other consideration, and directed the drafting of this Agreement by the Office of the County Attorney, A copy of the Executive Summary is attached to this Agreement as Exhibit "C;" and ---_.~_. ".,.'. ~;i'!~:iL;1 ;t;:",,:,j'.) i ~_J~~1._._"..J OR: 3611 PG: 3206 l ,- loJ WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a, The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b, Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c, The Proposed Plan is consistent with both the public interest and with the most recently adopted five-year capital improvement program for the County's transportation system, WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500,00) application fee for this Agreement: WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10,00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, 2, Developer shall convey the Dedicated Land to the County, free and clear of all liens and encumbrances, by Warranty Deed, the general form of which is attached hereto as Exhibit "D," The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Developer will provide the Office of the County Attorney with executed Warranty Deed, suitable for recording, within thirty days of the execution of this Agreement. Upon receipt, the County shall record the easements in the Public Records of the County and shall assume the costs associated with the recordation, 3, Right-of-way acquired pursuant to this Agreement may be used for the purpose set forth in Exhibit "C," or for any other public transportation purpose as determined by the Board of County Commissioners, 4, Developer will promptly provide either an attorney's opinion, or a partnership affidavit, identifying the record owner of the Dedicated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Dedicated Land. The opinion or affidavit will specifically describe each of Page 2 of2 ---....---...-.- .-:-..... \~F"',',d' I :"i,(il'~I. ;/ ;;' ':~ C I I OC! 'I.::t_~_ '--" ~ ~- .-....~,.... -... I .. the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments, The opinion or affidavit will further set forth the legal authority of Lloyd G, Hendry, Harold S, Lynton, Juliet C. Sproul, Katherine G, Sproul, Juliet A, Sproul, and Jennifer S, Sullivan to execute this Agreement on behalf of both the Developer and its partners, OR: 3611 PG: 3207 J.10) 5, The parties acknowledge that the conveyance of the Dedicated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 6, This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 7. The credit for Road Impact Fees identified herein shall run with the Grey Oaks Planned Unit Development land and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County, The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued, The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands, It shall be Developer's obligation to notify the County that a credit or a Certificate is available, each time a Building Permit is applied for. Developer may also apply credits for Road Impact Fees towards the first 50% payment required under Division 3,15 of the Land Development Code to obtain Certificates of Public Facility Adequacy, 8, It is expressly understood and agreed that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, that the Developer may freely assign or transfer the Road Impact Fee credits to successor owners of all of part of the Grey Oaks Planned Unit Development, including successor owners of out parcels, The Road Impact Fee credits granted herein for the Grey Oaks Planned Unit Development shall not be assigned or otherwise transferred to another development except as provided for in Collier County Consolidated Impact Fee Ordinance, 9, The amount of the Road Impact Fee credits to be granted under this agreement is ONE MILLION NINE HUNDRED SEVENTY-EIGHT THOUSAND ONE HUNDRED NINETY NINE DOLLARS AND FORTY CENTS ($1,978,199.40), Attached hereto as Exhibit "F" is a copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement. 10, Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions, Page 3 of3 . -~ :'l, '. i .';' '. ..' i 1 \ ' . , \.~Jaafl--J OR: 3611 PG: 3208 ,~ 10 11, The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "G" attached hereto and incorporated herein by reference, 12, In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 13, Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 14, This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. 15, In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "H", Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 16. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees, However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator and/or Public Services Administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as ofthe date first above written, Attest: D WI GHl'. J?)) J~~q(!)~'i/~lerk ..: .' . "'.......~.. .:". BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, . t." . , '-"..... "', ~.. .~ By 4~ J-~ DONNA FIALA, Chairman ( By1 Page 4 of 4 ......_._._...~..,._._.~..--.. . ...,-. ,". .,.._~"-~ \ F",,~',~>: r,~;;",~:l \ L. j.~1._,_J AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Jtkf fA ) r:2~4-1-, Signature GAIL W, ANDERSON Printed Name ~~~~ /'.' ature SANDRA P, THOMAS Printed Name OR: 3611 PG: 3209 I. IDA THE HALSTATT PARTNERSHIP, a Florida general partnership ~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this IIp 'f^- day of -r; Ilj 2004, by PAUL J, MARINELLI, as Chief Executive Officer of THE HALSTATT ~ PARTNERSHIP on behalf of THE HALST A TT PARTNERSHIP, a Florida limited partnership, who is personally known to me or has produced as identification, Notary Public Print Name: My Commission Exp ~,1r !~~~\!':;;i,;..~~-, SUSAN J, NELSON004631 ~'i,..,~;;~W . . ;;XPIRES: April 21, 2005 ~Rrllr-~' 'hr ~.~ n"y ~JeHl~ Ptlblie l:Jhderwriters Page 5 of5 r Ei':;."i:~ i'i' . '\;'';---1 t_. LQ.i1~1. _..I Signed, sealed and delivered in the presence of: ~-~.,. ,'p~fYTl-~ . 1 ature SANDRA P, THOMAS Jd Name . J J O...cLt/ /w.'- Signature GAIL W, ANDERSON Printed Name OR: 3611 PG: 3210 l:- 10 THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S. SULLIV AN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner, (l By: JULI A. SPROUL, as Trustee for uliet C, Sprou Testamentary Trust, a General Partner STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I~'~day of-r::./", , 2004, by JULIET A. SPROUL, as Trustee, a general partner of THE HALST A TT ~ PARTNERSHIP on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification, Notary Publi Print Name: My Commission Page 6 of6 11"'--- . --.. - ... "-:~;'~::"-'; " ~-:~,_.~: \ , L~Ja-~~1_--.. i Signed, sealed and delivered in the presence of: ~~~ S ature SANDRA P, THOMAS Printed Name -L!c0J &.J acf~ Signature GAIL W, ANDERSON Printed Name STATE OF FLORIDA COUNTY OF COLLIER OR: 3611 PG: 3211 P THE HALSTATT PARTNERSHIP, a Florida general partnership IDA By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. By, /(A) JE ULLIV AN, as trustee, as Trustee for Juliet ,Sproul Testamentary Trust, a General Partner ~J ~ The foregoing instrument was acknowledged before me this I (p ~ day of , 2004, by JENNIFER S, SULLIVAN, AS TRUSTEE, for the JULIET C. SPROUL TRUS under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5,2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner, on behalf of said Florida Partnership, who is personally known to me or who has produced as identification, ' Approved as to form and legal sufficiency: ~~l~ V~"~,C~ <::;:i1t 1]effrey A. Klatzkow C, J Assistant County Attorney N~~d~ Print Name: /~irtr~:"", SUSA~ J. NELSON My Commission Expir =,\ ,1"1 EXPIRES: April 21, 2005 o:.:t~j:fl,~"" Bonded Thru Notary Public Underwriters -: Page 7 of7 _.__.....~.". \ '. \ \.JQ.~_'1_1-".~J OR: 3611 PG: 3212 IDA LIST OF EXHIBITS A TT ACHED TO AGREEMENT Exhibit "A" Legal description and graphic rendering of Grey Oaks PUD/DRI, Exhibit "B" Legal description and graphic rendering of the Dedicated Lands, Exhibit "C" Executive Summary submitted to the Collier County Board of County Commissioners on May 25, 2004, Exhibit "D" Warranty Deed Form, Exhibit "E" Opinion or Affidavit. Exhibit "F" Impact Fee Credit Ledger. Exhibit "G" A Copy of the Risk Management Guidelines applicable to this Agreement. Exhibit "H" Collier County's Alternative Dispute Resolution Procedure, . ... . ~ ~. _ r_ ft_...~~_.._~ I JQ~:t..,-,! Page 8 0[8 OR: 3611 PG: 3213 f f EXHffiIT "A" Grey Oaks Pun Legal Description: All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida,lying easterly of that 100 foot canal right-of-way as described in O,R. Book 154, Page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R, Book 154, Page 6, O,R. Book 873, Page 1879 and O,R. Book 873, Page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O,R, Book 465, Page 275, and O.R. Book 465, Page 278, Public Records of Collier County, Florida, ALSO LESS those lands as described in O,R, Book 194, Page 603 and O,R, Book 640, Page 229, Public Records of Collier County, Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in OR Book 539, Page 370, Public Records of Collier County, Florida, EXHIBIT L .......1- of-2- 10 J r-. , ,., f j:..' I I;~'fl ~ I.....~j ~ 1.- "1 'l1 H;\i: 0' l~~ '.~ L--.J I .~ I .. I I OR: 3611 PG: 3214 ~ jl fI~~f il~UI' ~ *~ t ~ f~.~ SS$e in-~' If I,~; III ' fill JII! ! il & ~ & i I B U : I g d~ ~ I! Us 51 g P I Is ~ ii U .' II III~ p~ I I f II -- a~":t ~ g~ ~ i I ~i$ ~~?i~ .. & 0"" 'j' ~ H a ~ Ell ~ ~ - i Ii - e~ ~ ..'~) ~~ '. f!!l \ 10 J )1 I II ii ;~i ~"li 6~~ ~ dli, ~8~~ E5na ~ i~ ~~iF~ !~Iu~; ~ r~ rr.~r.r ~r~r~; u ill f EXHIBIT ~ ~ P.....c2- of--=- mr~1 m[jjjlFn7 lID&lKID PUD MASTER PLAN - MAP H-l Wils~nMlller =~;"':!:.:.= ..::r-..;..':.e.:~"=::' --."~_.=...,, ...........-....-...... ........- PREPARED FOR' THE HALSTATT PARTNERSHIP .........,..--:-~ I ..-"'.......) \ y-- i~t '\:;.lt~: ~,I.;.:>./::,~':Ui I,.;'.. ~. t,<_ i_Q.o.~1_-J E~ST 1/4 COR. I SEC. 25 ~.. --------- - +71\.82 ~J~~/'e ~~_I 1lI"1I ..0111 l l\9 17 C4 PC 113+86.31 --===---=- l\ ./f ' Nor INC!\.oLIQIMII T'Hlo:. "RolitA - ,to",", AIl~ON, HYNORY '" SPROUL TRUSTEES , OR 1332/1004 NAPLES GOli' COURSE HotDINGS, LTD. STRAP NO. 148000 213.0Q04A28 OR 2361/1404-1411 _ - PROPOSED ADDITIONAL RIGI-lf.-OF-WAY FEE SI INTEREST LINE TA8LE LINE BE~RING L1 0 . 8'4 "w L2 N69'~I"8"W L3 so :l!tR:W ~.~JU '0 'W ~~_ lJQQ' 6' "W L6 SB9' 33'OB'W --L7- NO(Y26'5 "w 2.00 __---1L ~9..33'08"W ~5153 L9 N76'4 '28'W 55,59 . _~ ~3'08'W. ~; L11 .l:!m..1..1..LE _2~~ . L12 N65'33'OJ"E 394.B8 -L~ NBa' 6'28"E -660.56 '- L14 .1lQl".it-'l2"W 10.02 -~'~7"E 379.91 L16 N~QJ'J~ 170.07 -1:17' NO~'42'Orr 102.B6 , --c;a- 513:Q.fi 3"E . -0:64- ---C19 SO~4' I" 45.94 ~~02'10'12"W .J~_ L21 S8T28'42"W 900 PARCEL 1 011 297005,8 sq. It. --------- ------------ .. N , T :e ~ " !if ~ CURVE TABLE -CURVE LENGTH RAOIUS OELTA ~ 1~ 67,00 89'04' " C2 11,77 3800 17'44' " . C:l-_16.Ln 11000 81'14"0" C4 397.53 5659,33 4'01'29" -C5" -"'22"G9 56795B ..l'14'OO" . _. co 296."~ 5681:58 '):00'00" CB co 4 '00' ".:1!. E-2.'L ~ 6"W ..1.lz.L N40'56', " 147.55 N03"1'37' 397,45 S04' 38'18"E 221.37 501'01 '18"E 296.~O -- ~ 'z --- -------- -- ..-----.-- I I 1- II 1\ /; I-- I II .. I. II I.'" :!l \--~~ OO"..~,oo ,~ I I OR 1175/072 ~, "Ii \ \ .! ~\\ \ \ I 1, ----- T11 EX~~IT ..J2... PIoe.....L 01_ L l ~ ~ \5 ~ '-----.. "-" k1 ~~~v,~ ~~~... g~ --_._~--- \:! --------=---------- i-- ('j -------- ._~ ~ . ------.......------.......... ~'" ~~ B[AR1NGS ME: BASEO ON NORTH AMERlf.AN OATUM (N.A.D.) 1988-1990 ADJUSTMENT STATE; PLANE COORDINATE SYSTEM' (CRIO) fOR FlORIDA EAST 20NE: SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o L I ~o 300 SCALK 1"=3UO' tOR: COl.l.IER COUNTY GOVE~NMENT BOARD or COUNTY COMMISSIONERS GOLDEN GATE PAHKWAY IMPROVEMENTS SKETCH & DESCRIPTION FEE SIMPlE INTEREST FLORIDA . U. ~ hl 1 I I I A ; ( r .~ -O.A SEe"nON 25-49-25 SECTtON~5 -r=:rr~=-':Z;:u ~===lf" --- GENERAL Hon " - DASnIHE r;~' ~ i ~.. ~~ 0.., g::;: ~i ~ ~ --=--==~::::::::- ~ll II C> ~ LV c:T'Io t--" t-...... 0-0 ~ ~~ 8~ ~; LV I'..> t--" Ln ~ .. )...--.; /) ,--,,I. . 600 BY <-rV'~I/l.( .,(.~~. c.. 1 RC)CEif 0, , nER. PROHSSIOMI. SURVEY()R It UN'pm rLO~IOA R 'STRATI ON <:[ATlFICATE ~19: 5/0~ SIG"NO OA1(. /_ /? .-.r:.":'~~ NOT VAllll Wtrll0Uf THE ORlG1N^l 5IGNAlUHE: &: 'OWSF.6 EMHOSSI::n ::it^'. Of A FLORIO.... Rf.GISnROJ PROfESSIONAl. S4JRV'[ynR "ND LthPPDt RWZ~N" CON!)~' n ... "'..L 3050 HORTI! HOIlSI!SHOIl nnlVI.l, SUITU 270 NAPtES, PLOItlfM ]4104 PJ,.(941}649~1501J F",,{!t1.4I)M9.7(1~(i LI1 No.: 6952 I....'-....d. !3 :.....cc. "-:': ~)l3 ::.-; ~~ i" "..:J >; ~l f1St [:""~J L~~.~~:~~_,~ FILE NAME 01-0015SI<101 51-11::1:T 1 OF EXHIBIT A LEGAL DESCRIPTION FOR PARCEL 101 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 SOO'28'42''W" ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 28179 FEET; , THENCE LEAVING THE SAID EAST LINE, NB9'31'18"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 1161 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOI.LOWI~jG TWO (2) DESCRIBED COURSES; (1) THENCE SOO'28'42"W., Ii DISTANCE 66,18 FEET; (2) THENCE SOUTHWESTERLY' 104.16 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR 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'OO'54"W.. A DISTANCE OF 93,9B FEET, TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OffiCIAL RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID NQRTHERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) 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.00'26'52"W., A DISTANCE OF 3.00 FEET: (3) THENCE nDO FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08''W., A DISTANCE OF 400.00 FEET; (4-) THENCE N,00'26'52"W., A DISTANCE OF 2.00 FEET; (5) THENCE 74,00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOl.DEN GATE PARKWAY, S,89'33'OS"W., A DISTANCE OF 1451.53 fEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAil) GOLDEN GATE PAAKWAY, AS RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE 1717 OF THE PUBLIC RECOIWS OF COLLIER COUNlY, FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY, OF SAID OFFICIAL RECORDS BOOK 2790, PAGE 1717, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE N.76'4-8'28"W., A DISTANCE OF 55.59 FEET; (2) THENCE 87.11 FEET NORTHERLY AND PARALLEl. WITH CENTERLINE OF SAID GOLDEN GATE PARI(WAY, S.89'33'OB"W., A DISTANCE OF 246,78 FEET; (3) THENCE WESTERLY AND NORTHWESTERLY 11 77 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RADIUS Of 38.00 FEET THROUGH A CENTRAL ANGLE OF 17'44-'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81'34'36"W., A DISTANCE OF 11.72 FEET; THENCE LEAVING THE SAID NORTHERLY RIGHT -OF -WAY, AS RECOROED IN SAID OFFICIAl. RECORDS BOOK 2790, PAGE 1717, AND ALONG THE SOUT'HERL Y LINE OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 2361, PAGES 1404- THROUGH 1411 OF THE PUBLIC RECORDS OF COLUER COUN'fY, FLORIDA, THE FOl.LOWING THREE (3) DESCRIBED COURSES; (1) THENCE N.83'11'21"E., A DISTANCE OF 797,97 FEET: (2) THENCE N.85'33'03"E.. A DISTANCE OF 394.88 FEET: (3) THENCE N.8B'26'28"E" A DISTANCE OF 660.56 FEET; THENCE N.Ol'42'22"W.. A OISTANCE OF 1002 FEET, TO A POINT ON THE SOUTHERLY LINE OF A 110 fOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2845, PAGE 2972 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LINE Of THE SAID 110 FOOT WIDE Fl.ORIDA POWER AND LIGHT EASEMENT, N.88'26'27"E" A DISTANCE OF 379.91 FEET; THENCE N,B3'03'18"E., A DISTANCE OF 170,07 FEET; THENCE NORTf'EASTERL Y 161.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 11000 FEET THROUGH A CENTRAL ANGLE OF 84'14'10" AND BEING SUBTENDEO BY A CHORD WHICH BEARS N40'56'13"E" A DISTANCE OF 147.55 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE 70 25 WESTERLY AND PARAl.LEL 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 LEFT HAVING A RADIUS OF 5559.33 FEET THROUGH A CENTRAL ANGLE OF 04'01'29" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.03'1I'37"W., A DISTANCE OF 397.45 FEET; THENCE N05'42'02"E., A DISTANCE OF 102.85 FEET, TO A POINT ON THE WESTERLY RIGHT-OF -WAY OF SAID AIRPORT-PUl.L1NG 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 RIGHT-OF-WAY OF AIRPORT-PULLING ROAD OF SAID OFFICIAL RECORDS BOOK 953, PAGE 828, S,13'04'13"E., A DISTANCE OF 0.64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD AS RECORDEO IN OFFICIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA; 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 FOLl.OWING TWO (2) (DESCRIBED COURSES); (1) THENCE 50,00 FEET WESTERLY AND PARAl.LEL WIIH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31), S.05'45'18"E., A :DISTANCE OF 45.94 FEET; (2) THENCE SOUTHERl.Y 221,.39 FEET ALONG THE ARC OF A TANGENTIAL CIRCUI.AR CURVE TO THE RIGHT HAVING A RAOIUS OF 5679.5B 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 3T) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE 1161: THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-.PULlING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE 1161, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.02'10'12"W., A DISTANCE OF 99.46 FEET; (2) THENCE S.87'2B'42"W., A DISTANCE OF 9.00 FEF.T: (3) THENCE 68.00 FEET WESTERLY AND PARALl.EL WITH lHE 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 SUBTENDEO BY A CHORD WHICH BEARS S.01'01'18"E., A DISTANCE OF 296.40 FEET, TO THE POINT OF BEGINNING; CONTAINING 297,005.8 SQUARE FEET, MORE OR l.ESS, CONTAINING 6.82 ACRES, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COl.LlER COUNTY COVERNMENT BOARD OF COUNlY COMMISSIONERS EXHIBIT ...Li- Page..L of~ GOLDEN GATE PARKWAY IMPROVEMENTS S!{ETCH '" DESCRIPTION ~1I~'"' .l=l w w}i. llllll NORTlIlIORSESl'iOa 1)I1IVII, SUI'ITI 2711 NAPLES, FLORIDA 14'Il4 Pb_ (941) 649M15(19 fl'!.'l (941)M!1-70S6 (,11 No.: 6952 . FilE NAME 01.-0015SK101 FEE ~MPlE INTEREST SHEfl 2 OF 2 INDEX NO. 1 0 ~ C> :xJ c.....> 0"\ ~ ~ ~ Q c.....> ["oJ I-~ 0"\ (--,. .., 1 ~- ""'. I '.' ~d I ; '.'0 I'N .~ .>of ,; 'tf I 'LQI !~';j "J 1 ---__J FEE SIMPLe INTEREST CUR\'( c, C2 C3 C4 C\JR\'( TABLE RADIUS DELTA CB 3769,72 l~:._ 64' '7"W 3869. 72 ~2'DO'0D" . N84'3D'D9'W 3609.72 '0 '0 . 4' 0'0 " 3729.72 11'~ '14" S' "7" LENGTH 78~, 40 010.47 018.05 777.07 CD 783.98 BOB.99 817.35 775.66 PARCEL 10.'8 .. 111,435 aq. II. PANTHER PREY OAKS, I C., OR 2501{1216 GENEMAl NOTE: ~ 1-IlASElI~~_ NDRIHERLY LINE OF SOUlH HAlf OF SECTION 25-49-25 CJ PROPOSED RIG Of WAY ~L~1t'AlARTENERSHIP - HALSTATT PAIlTENERSHIP OR 1428/1348 1i7WPE. 206./1162 .. '""" .- - - - LB ~~~~r~s GREY OAKS. INC. 9R 2501/'216___ ___ I I I " , . I I C I -...........,il I , / I , . I I I I I I C4 --, I I I I I PANTHER GREY OAKS, INC, OR 2501/1216 ~ LENGIH 931.60 352.25 40,00 222.12 334.30 80B,44 40.00 OOB,44 334.3B 222,17 g PROPOS EO ADOITIONAL RIGHI-Of-WAY I LINE TABLE BEARING S 9'34' " '22'13" 00' , 'r 509'33'3D'W N70'30'09'W 589' 'l'W NOO'30'0 'w ,N 9' '1' 7 '30'0 ' 'ND9'33'36'E -UNE LI L2 l3 L4 L5 L6 L7 La L9 L10 w l'~ ~ ~ ~ ~ LEGAL DESCRIPTION FOR PARCEL 104B BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLQWS COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 25; THENCES.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.00'22'13"E., A DISTANCE OF 352,25 FEET, TO THE POINT OF BEGINNING: THENCE CONTINUE S.DO'22'13"E, A DISTANCE OF 40.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD BB6) AS RECORDED IN OFFICIAL RECORDS BOOK 465, 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 RAOIUS 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 783.9B 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) TI-IENCE 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 1162 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) DESCRIBE().COURSES; (1) THENCE N,89'29'51 "E., A DISTANCE OF 808.44 FEET; (2) THENCE EASTERLy AND SOUTHEASTERLY 81 B.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.B4'30'09"E., A DISTANCE OF 81'7.35 FEET; (3) THENCE 5 78'30'09"E., A DISTANCE OF 334.38 FEET; (4) THENCE SOUTHEASTERLY 777.07 FEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO THE LEFT HAVING A RADIUS OF 3729.];l FEET THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED BY A C~ORD WHICH BEARS S.84'2B'17"E" A DISTANCE OF 775.66 FEET; (5) THENCE N.89'.33'36"E" A OISTANCE OF 222,17 FEET, TO THE POINT OF BEGINNING; CONTAINING 118,435 SQUARE, FEET, MORE OR LESS. CONTAINING 2.72 ACRES, MORE OR LESS. EXHIBIT~ P8Olt_ 3~ of3..- B[A#tINGS AAE BASED ON NORTH AMERICAN DATUM (N...O.) lB88-1D90 AOJUSTUENT STAT[ PLANE COORDINATf SYSTEM (GRID) fOR FlORIOA EAST lONe. o ~ _#..__ 1200 BY, ^ ~-<-1...- L ""'--- 1::-._ , ROGER G. cAA"t!R. Plrof'rc.5IONAl.. 5LilWf'fOR .. MAPPER f'L.oMIDA REGISTRATION rERTlrtr'..ATE N~ 5702 510..NO IlIoT[, 5 - z..z .-t'.J .:J> ~Oltci:tb~ ~:~I~:RI~E P:~~~o~~'~~~~R ~~JOlf~:~RSSED SEAL or. SI<ETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o I 300' 600 SCALE; l' g 800' fOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COM~ISSION[RS ;/ i GOLDEN GATE PARKWAY IMPROVEMENTS SJ{ETCH & DESCRIPTION D'WT~N<' .ll:'\~~Gl 30S0 NOII'm /lORSI!SHOB DRIVIl. S 11tTB270 NAPLI!S, PWR.IDA34104 PI.(941)649.1509 P's(!I41)649-TO" IJl No.; 69n FILE NAME SHEET 01-0015SK1048 1 OF 1 FEE SIMPlE INTEREST PARCEL 104B COLLIER COUNTY, JOB NUMBER 01-0015.16 Apr 16. 2002 - 1254;6 M:\Lond Projects R2\01-0Ot5\dwg\Rev;..d F... 4"':02-02\Ol-0022.004~.k1048-D2,dwg OA C> ::cJ (....) c::n. ........ t--1 >-01 G:l (....) 1'-> ...~ -.J ;~. ~---.. :.i " . I -~-oI F OR: 3611 PG: 3218 EXECUTIVE SUMMARY 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 - 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. CONSIDERATIONS: 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 DRI. FISCAL IMPACT: 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 EXHIBIT L pageJ- of..iL- IDA ] .::~ I \1'" I '.c I' "._.1 I~ 10 OR: 3611 PG: 3219 Page 2 of 2 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 IMPACT: As part ofthe 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, RECOMMENDATIONS: 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 Chairman 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, .. ,-_..,.--:~.'-:~, .. .... . ."-..,.' '\) \ C..... (.>i~/'R" t " \ p-~~j._..>~" EXHIBIT C- page-cL. of..2:- PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO, OR: 3611 PG: 3220 WARRANTY DEED THIS WARRANTY DEED made this day of , 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"), (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns,) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10,00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference, Subject to easements, restrictions, and reservations of record, This is NOT the Homestead property of the Grantor. 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 the 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 lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, WITNESSES: By: (Signature) [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) EXHIBIT ...0- pege-1- of..c2- 1 A ".-.-.....d'1 i ~ ~~-) j. . :'~ .~;~3, '" ....... t ._..-~-' I - OR: 3611 PG: 3221 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: is personally known to me OR has produced (affix notarial seal) day of as proof of identity, (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WITNESSES: (Signature) By: [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: is personally known to me OR has produced (affix notarial seal) day of as proof of identity. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if any): My Commission Expires: WARRANTY DEED EXHIBIT .J2- page.-:l- ot...a- IDA '~~--"'\ , , i 1 N '.'l~; ~ .~, tlf ~ ',', 1 :. Q. j'- ....... F .--~., OR: 3611 PG: 3222 IDA PARTNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Paul J, Marinelli, who after first being duly sworn, on oath, deposes and says that: 1, He is "Chief Executive Officer" or "CEO" of The Halstatt Partnership, a Florida general partnership (the "Partnership"), 2, He was designated CEO pursuant to the "Action by Unanimous Consent and Designation of Authority of The Halstatt Partnership" (the "Designation") as recorded in Official Records Book 3547, Page 2413, Public Records of Collier County, Florida, 3, There has been no revocation, partial or complete termination, amendment or suspension of the Designation, 4, The Designation authorizes the CEO and one general partner to execute deeds and any other closing documents on behalf of the Partnership, 5, All necessary consents have been obtained in order to authorize the execution of the easements, agreements, affidavits and other related dedication documents in connection with the Partnership's conveyance of the Property described on Exhibit "A" attached hereto and made a part hereof (the "Property") to Collier County, a political subdivision of the State of Florida, ("County"), 6, The Partnership is the current owner of the Property, 7, The follow parties are the general partners of the partnership: LLOYD G, HENDRY, HAROLD S, LYNTON, and JULIET C, SPROUL, as Trustees of the Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7,1982, GENERAL PARTNER, And, KATHERINE G. SPROUL, JULIET A. SPROUL, and JENNIFER S, SULLIVAN, as Trustees for JULIET C, SPROUL under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1,2002 and filed March 5, 2002, in Official Records Book 2992, page 2016, of the Public Records of Collier County, Florida, GENERAL PARTNER. 8, None of the general partners have been adjudicated bankrupt or a debtor in a bankruptcy proceeding, EXHIBIT E. J_ pegeJ- of-2-. OR: 3611 PG: 3223 IDA 9, Neither the Partnership nor the general partners are or have ever been a debtor in a bankruptcy proceeding and the proposed conveyance from the Partnership to County of the Property is within its authority. 10. This Affidavit is made for the purpose of inducing County to accept the conveyance of the Property, Datedthis 02/JF daYOf~2004. ;2 Paul J, STATE OF FLORIDA COUNTY OF COLLIER SWORN TO AND SUBSCRIBED BEFORE ME this c2. ,ATday of CL./.L, 2004, by Paul J, Marinelli, who is personally known to me, ~ i~I''''''~'" CAROlYN A. SHAW ~~ :~ MY COMMISSION # DO 215664 ~~,..lot<li EXPIRES: September 25, 2007 'P.r..I"'- Ilonde<l Thru Nolary Pu~lic UnHlV;mers I '1 ~~~ uglta.- Notary Publi I A S - >" J LA 1&'- y' !II f#' Iffli.i/ Print Name My Commission Expires: q -;) :J--CJ '7 A~d IS to fO(i.1t911 suffIcient} ~ ry '~1~~ Assistant County Attorne, Ellen T. Chadwell EXHIBIT~ page.2-0U: [- --:: ~~~~~~~~==-. E;=-=~~Ll ~ Nllr INewpl t.L1I n+1';. A<<.&I'\ - ,101.'\ At"'~ON. flYNDRY .. SPROUL TRUSTEES , OR lJJ2/1()0. NAPLES COL" COURSE tIOI.UIHGS. LTD. SrRAP NO. 148000 2\3.0004A26 OR 2.la'/14D4--Ull _ - PROPOSED EAST 1/4 COR. I _~~~~__~J -' _~4.~..:.- _ -:1..::---;;;rnni ,,"'.. ------ . --. ---=:--==-::::;::"-i~"-f== ----- ..1" ...." l2 C. L\9 I I ADDITI01JAL RIGIlT-DF-WAY \ FEE SI~ INTEREST l.IN~ TABLE _ .__u____ --LINE .... ---BEARING . l.ENGTII --1:1- SIlO'2So:;;-;cW- _26\.79 -'--IT'-'- .tlIDP1'18~_~,QQ._ -- L3:......~LVi .~J6 ----',~_ .~U3'OB'}t. __~f!.~,~~_ .._..c~._.. tJJ1!r~R:i1:1L __ 3.00 __ l.6 ~89' .l3'OB"W 400,00 ---'iT-- NOO:~"W -"2:00--- ~-L8'-- S89'J3'OB"Yl. "j~'1I5'3 - '\:9'--- 'N76'4B'2B"W 55,59 , "--[ill- ~im!!\~ .....3!!!,Z!!_ : -i:iI--' 11B3' " '21 "( 79797 : ==~IT}== .ci~H~;~~~. 3f~~~.~ .. l.1.i.....!illUn2"W _.-!.~L ---Us. .!i~[.26'2Il ..~. - 116- N~J:.QJ'!JLE___,-~._ -=--III.::::_ JjQ~:1:rQLL _~,~_ ' U B S 13'01:13"( -_E.c~~'-J' '-ri9~"- 'S05-15J.!n_~ . 45~ ... . :~ ~~~--. ~~~:~:'ff.~t 9990~~ _.___ __.___m.__...._._ PARCEL 297005.B 1011 aq It, I -------------- _/)" ---.- ----- --.-." ----.. ~. -- CURVE TABLE CURVE' LENGTH .. RA~llJS oEi"fii- -9!._~- CD -cI" 104:16-' 67.00 -89'ID3" S45'OO'54JY ~I!... --C'2" 'li~n "'3B:iiO-...1i4oj" tl!l.121.'..~ .!..L?,L C3-''', -. 1-61~.'i-i1O.00- Bfli:JQ:.. ttiJl2n.:LI l~755 -c4""--397':5S- 5659]3 4'0,'1i.:' NO).,,'37' J9H5 ""'c5'-- ~ 5679:58 2'14'()()'~. ~on[Jil. ~lE.. .~_~.= "i~I~L 5661'8 '..~:QQ:Qg::'" SOl:Q.1'lfi 298An ---- ..-- k1 ~~'^~ ___ _k .____.._ ----------~._--------- ----~------ BEARINGS ARE BASED ON NO~H1 AMERICAN OATUM (N.AO.) 1968-1990 AIl.JU::HM(N"r ST-'T[ PLANE GOOROlliAlE SYSlEI,4"(GRIO) fOR F"l.ORIO'" E~r ZONE SKErCH & DESCRIPTION ONI.Y NOT A BOUNDARY SURVEY '] 'r""" : ~-II \ \ .\ ;\\ ! ~I r, \ ~ 11- -,\ ~~ \ \ ; :,1 ~ ~~ I . -' ~ I ~'! 1 iil I ft l ~ "' N J. .. I ~ z :1 5 o '" ~ l'; w z ::; ,. -, "z ....--" ......._~.-' ~~ ~i __ .~ i---- ----_ - 1(1" -- .., "'~-------......... _/~! ~----' ~ ~ A ~' .n.. OA SEc'n~.~!:!.:: SECTION 26-49-25 -'-:::-rr--..::",=,:U =;~:'ll''f' CEHUMl. NOl[ Q .. BASCUNE r:~~ ~ II i iii. \ ~~ It, 0.., 1--:- if ~ ~'" ~~D Ii R .. L_ __ ifl __J ) 10. ']5 l~ 8 I ! ':::::::::;:;::-::.:.:.:.-::- ~"oll II 17(-- II BEARS PAW CoUN1R~ cum. IN!;. ~ 011 1175/672 I C> ~ c......> 0"'\ .......... .......... t--c:J G) c......> ["0...,) ["0...,) a-.I::::o 1:= I J'I' _J I I EXHIBIT L.. ~3 of~ ("I ., ~ . .....t Jno 600 BY ),/tTYlt./L ;L~ ._,_ _. .....- 1____... -_____J ~~:l'I~~."lt~:,~~il(~~'~~t,~i'.:~~:L s.~;'V~:J:;~ & "",P,,, SCALE, '"~3UU' SIGNINO DArE (_ /?_ <.'-'2L COMMISSIONEHS ~O:L6ri~~t~ ~n~~VJRi~Epg~~~~o~~~~~~(fu:~~~6~~ag~SED ~~N IW o 160 L..__ _ FOil: COI.i.lEIl COlJNTY G()Vf'~NMrNT 110Al~1J OF COUNTY GOLDEN GATE PAHKWAY IMPROVEMENTS SKETCH & DESCRIPTION FEE SIMPlE INTEREST PARCEL -qlXU""" .1:\ "Jcl. 30~O NOlnllltOllsESllon IlIlII/H, SUITE 2"10 NArLES, FLUIH(JA 34104 1)11, (~41) li49.UOlJ FUll (!J41) MIJ.7056 LB No.: 6952 FilE NNA[ 01--'OOEiSI(llll SHtrT I DI' EXlImlT A OA l.LGAL DESCRIPTION FOR PARCEL 101 BEING PART OF SECTION 26,. TOWI-iSIIIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNlY, FLORIDA BEING MORE PARTICULARLY riESCRIBEIl AS~ FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26, THENCE S,00'28'42'W., ALONG THE EAST LINE OF fHE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 281.'79 FEET; IHENCE LEAVING 1HE SAID LAST 1.I1,IE, N,89':\1'18"W., A DISTANCE OF 68.00 FEET, TO THE POINT OF 8EGINNING; THENCE ALONG THE WESTERIJ RIGIIT -OF -WAY OF AIRPORT-PUI.L1NG ROAD (COUNIY ROAD J 1), AS RECORDW IN OFFICIAL RECOFWS !:lOOK 2064, PAGE 1161 OF THE PU!:lLlC REcorms OF COLLIER COUNTY, FLORIDA. THE FOLI.OWING lWO (2) DESCRIBED COURSES; (1) THENCE S,OO'28'42"W., A DISTANCE 66.18 FEET; (2) THENCE SOUTHWESTERLY' 104 \ 6 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RAOIUS OF 67.00 FEEl TJiIWUGfl A CENTRAL ANGLE OF 89'04'23" AND BEING SUBTENDED BY A UIOI~D WHICH BEARS S.1:;'OO'5~"W" A DISTANCE Of 93,9/J FEET, TO A f'OINT ON THE NORTHE/lLY RIGHT-OF-.WAY Of GOLDEN GATE PARKWAY (COUNTY fWAD BB6) AS RECORDED IN OFFICiAl. RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC RECORDS OF COLLIER COUNTY, H.ORIDA; THENCE ALONG TilE SAID NqRTHERl.Y RIGHT -OF-WAY THE fOLLOWING FIVE (5) DESCHlBED COURSES; (1) THENCE 69.00 FEET I-iORTHERLY AND PARALl.El. WITH CENTERLINE OF SAID GOWEI-i GAlE PARKWAY, S.89'33'08"W:, A DISIANCE OF 263.54 FEET, (2) THENCE N.00'26'S2"W., A DISTANCE OF 3.00 FEEl; (3) THENCE 72.00 FEEl NORTHmLY AN!) PARALLEL WITII CENTEFlLlNf OF SAID GOLDEN GAIl. PARKWAY, S89'33'O/J"W., A DISTANCE OF 41l0.ao FEET; (4) THENCE N,00'26'52"W.. A DISTANCE OF 2.00 FEET; (5) THENCE 74,00 FEET NOfhIlEIW( AND PAflALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARI(WAY, S.89'33'08'W, A DISTANCE OF 1451.53 FEEl, TO A POIN! ON TIlE NORll'IEf~LY flIGHT-OF-WAY OF SAID GOLDEN GAIl' PARKWAY, AS RECORDED IN OFFICIAl. RECORDS BOOK 2790, PAGE 1717 OF IIIE PUBLIC RECORDS OF COLLIER COUNTY, Fl.ORIDA; lHENCE ALONG TilE SAID NORTHEIlLY RIGHT-OF-WAY, OF SAID OFFICIAL RECORDS BOOI< 2790, PAGE 1717, THE FOl.lOWING THREE (3) OESCRI8ED COURSES; (1) THENCE N.76'48'28"W.. A DISTANCE OF 55.59 FEET; (2) THENCE 81.11 FEEl NOrnllERLY AND PARALLEL Willi CENTmllNE OF SAID GOWEN GATE PARI(WAY, S.89'J3'08"W" A DISTANCE or 246.78 FEET; (:l) rHENCE WESTERLY AND NORTHWESTERLY 11.17 FEET ALONG THE Af!C OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RADIUS OF 38.00 FEET TIlROUGH A CENTRAL AI~GLE OF 17'44 '33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N,81':l4'36"W" A DISTANCE OF 11,72 FEET; THENCE LEAVING tHE SAID NORTHERLY RIGHT.-OF-WAY, AS RECDRDED IN SAID OFFICIAl. RECORDS BOOK 2790, PAGE 1717, AND ALONG TilE SOUTHERLY LINE OF l.AND AS RECORDED IN OFFICIAL RECORDS BOOK 2.161, PAGES 1404 THROUGH 1411 OF THE PUBLIC IlECORDS OF COLLIER COUNTY, Fl.ORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE N.83'11'21"E" A OISTANCE DF 79'/,97 FEET; (2) THENCE N.1J5'33'03"E., A DISTANCE OF 394.88 FEE'I; (3) THENCE N.88'26'2/J"E., A DISTANCE OF 660.56 FEET; THENCE N,01'42'n"W., A DIS;ANCE OF 10.02 FEET, TO A POINT ON THE SOUTHERl.Y LINE OF A 110 FOOT WIDE ELORIDA POWeR AND LIGHT EASEMWT AS RECORDED IN OFFICIAl. RECORDS BOOI< 2845, PAGE 2972 OF THE PUBLIC RECORDS OF COLLlf.H CDUNTY, FLORIDA; THENCE ALONG mE SOUTHERLY LINE OF THE SAID 11 U FOOT WIDE FLomDA POWER AND LIGHT EASEMENT, N88'26'27"E., A DISTANCE OF ,Yl9,91 FEET; THENCE N.8:j'03'18"E, A DISTANCE OF 170,D7 FEn; THENCE NOHTHEASTERLY 161,72 FEET ALONG THE AIlC Of A 'fANGENTlAL CIRCULAR CURVE TO THE LEFT I.IAVING A RADIUS OF 110.00 FEEl THROUGH A CENlRAL ANGLE OF 84'14'10" AND BEING SUBLENDED BY A CHORD WHICH BEARS N40'56'U"E, A DISl'ANCF OF 147.55 FEET, ro A POINI OF COMPOUND CURVATURE; THENCE J025 WESTEflLY AND PARAl.LEL WITH THE CENTERLINE OF SAID AIRPORT --PULLING ROAD (COUNIY ROAD 31), NORTHERlY 397.5.5. FEEl ALONG THE ARC OF A TANGENTIAl. CIRClJLAR CURVE TO THE LEFT HAVING A RADIUS OF 5659.,53 FEET THROUGH A CENTRAL ANGLE OF 04'01 '29" AND BlING SUB'IENlJED BY A CHORD WHICH BEARS N.03'll '37"W., A DISTANCE OF 391.45 FEET; THENCE ND5'42'02"E.. A DISTANCE OF 102.86 FEET, TO A POINT ON THE WESTERLY RIGHT..OF-.WAY OF SAID AIRPORT-.PULLlNG ROAD (COUNTY ROAD 31), AS RECORDED IN OFFICIAl. RECORDS BOOK 95,1, PAGE 828 OF fHE PUBLIC RECOHOS OF COl.l.IUl COUNIY, FLORIDA; THENCE ALONG THE. WESTERLY RIGIIT -OF -WAY OF AIRPORT.-PULLlNG ROAD OF SAID OFfiCIAL RECORDS BOOK 953, PAG, 828, S 13'04'U"E., A DISTANCE OF (J,64 FEET, TO A POINT oN TI-I WESTERLY RIGHT-OF-WAY OF AIRPORT - PULLING ROAD AS RECORDED IN Of f1CIAL IlECOfiDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS OF COLliER CODNTY, FLORIDA; THENCE ALONG THE SAID WESTERLY RIGHT -(JF'-WAY OF AIRPORT -PlJl LING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAl RECORDS 8001( 145, PAGE 95 THE fOl.LOWING TWO (2) (DESCRIBED COURSES); (1) THENCE 50.DO FEET WESTERLY AND PARALLEL Willi THE CENTERLINE OF SAID AIRPORTu PULLING ROAD (COUNTY ROAD 31), S05'45'18"E.. A 'DISTANCE OF 45,94 FEU; (2) THENCE SOUTHER I Y 221,.19 I'EET Al.ONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO TilE RIGHT IIAVING A RADIUS or 5679.5B FEET THROUGH A CENTRAL ANGLE OF 02'14'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S04'38'18"E, A DISTANCE OF 221.37 FEET, TO A POINT ON THE WESTERL.Y RIGHT-OF'-WAY OF AIRPORT-.PULLlNG ROAD {COUNTY ROAD 3l} AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE 1161; THENCE AtONG THE SAID WESTERl. Y RIGHT -'OF-WAY OF AIRPORT-. PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN pAID OFFICIAL RECORDS BOOK 2064, PAGE 1161, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.02'1 0' 12"W" A DISTANCE OF 99.46 FEET; (2) fHENCE S.87'28'12"W., A DISTANCE OF 9,00 FHT; {3} THENCE 68,00 FEET WESf,Rl. Y AI") pARALLEL. WI fll THE CENTERLINE OF SAID AIRPOIH .-PULlING ROAD (COUNTY ROAD 31 ). SOUTHERLY 296,44 FEET AI.ONG TJ-If. ARC OF A NON-. TANGENTIAL CIRCUl.AR CURVE TO THE RIGHT HAVING A RADIUS 5661.58 THROUGH A CENTRAL ANGLE OF 03'00'00" AND BEING SUBTENDED BY A CHORD WHICH fJEAr~S S.01'Ol'18"E., A DISTANCE OF 296.40 FEET, TO THE POINT OF BEGINNING; CJ :::c:I <-v ~ ~ ......... 0-0 G"l <-v 1''''> ['....) lJ"1 COf'.. TAINING 297,0058 SQUARE FEEl, MORE OR LESS. CONTAINING 6.82 ACRES, MORE OR LESS, SKETCH & DESCRIPTION ONLY NOT A BOUNOAIlY SURVEY FOR: COlliER COUNTY GOVERNMENf 80ARO OF COUNTY COMMISSIONF:RS EXHIBIT..... E_ Paoe_..:t_ oC?' GOLDEN GATE PAHKWAY IMPHOVEMENTS SKETCH &. I1ESCHlPT/ON FEE SIMPLe INTEREST ~lJlf'"' J.cl uJci. l<l5<1 NORTIIIIORSHSIIOB DRIVI( 80lTfi 21<1 NAPWS, Fl.ORII2A 14I1!4 rh. (''''1) 6of9. lj{l!J Fux(941)M9-1U5b l.HNIl_: 119S1 I DATE I DRAWN BY I r II..[ NAME I SI-IF:fT 5 -11-0) J~E(: 01--001551(101,2 nv 2 PARCEL lOt COLLum COUNTY, ]'LOHIIM . JOB NUMBfR I REVISION I SECTION I TOWNSHIP I RANGE I SCM F 01--0015.18 2 26 40 25 NO'J, INDEX NO; BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLQWS COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 25; lHENCES89'34'3B"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 f<ECORDED IN OFFICIAL RECORDS BOOK 1067, PAGE 1973 OF THE PUBLIC RECORDS OF COLUm COUNTY, FLORIDA; THENCE ALONG THE SAID WEST LINE, S.OO'22' U"E" A DISTANCE OF :\52,25 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 GATE PAI~KWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 OF TilE PUBLIC RECORDS OF COLLIER COUNTY, Fl.ORIDA; THENCE ALONG TilE SAID NOf<THERLY RIGtH -OF--WAY, THE FOLLOWING FIVE (5) DESCRIBED COURSES; (1) THENCE S.89'33'36"W, A DISTANCE OF 222,12 FECT; (2) THENCE NORTHWESTERLY' 785.40 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF ;\769.72 FEET THROUGH A CENTRAL ANGLE OF 11'56' 14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.84'2B'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 Al.ONG 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 BEAf<S N84'30'09"W" A DISTANCE OF 808.99 FEU; (5) THENCE S.89'29'51'w', A. DISTANCE OF 808.44 FEET, 10 THE EASTERLY LINE OF RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1152 OF THE PUBLIC RECORDS OF COLLIER COUNTY, Fl.ORIDA; , . THENCE Al.ONG THE SAID EASTERLY LINE, N,00':~0'09'W., A DISTANCE OF 40.00 FEET, TO A POINT LYING 40.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY; THENCE 40.0D FEET NORTHtRLY AND PARALl.EL OF THE SAID NORTHERLY RIGHT'-OF-WAY, RUN EASTERLY THE FOl.LOWING FIVE (5) OESCRIBEOCOURSES; (1) THENCE N,89'29'51"E., A DISTANCE or- 80844 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 CEN1RAL ANGLE OF 12'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.84'30'09"E., A DISTANCE OF 8'--1.35 FEET; (3) THENCE S. 78' 30'09"E., A DISTANCE OF 33438 FEET; (4) THENCE SOUTHEASTERLY 777.07 FEET Al.ONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 3729.'72 FUT THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED BY A C!;jORD WHICH BEARS S,84'28' 1/"[, A DISTANCE OF 775.66 FEET; (5) tHENCE N.89'33'36"E" A DISTANCE OF 222.17 FEET, TO THE POINT OF BEGINNING; FEE SiMPlE INTEREST PAACEL 'j 0.'8 I HI,";):!. ",,_ 'l - HAlSTAT! PART[NERSllIP OR 1428/1346 RlWP'ER 2064/1162P ~-=-=--= ---.\ 1 1 I 1 I I c,_ '1'~ ~ ~ ~ ~ L6 -- m_______ -ClIRVETAe~---- -.0!/' I I ClJRvE LENGrtj RAOiUS-' --i)f;"fA-- CB'-' CD ~...---:/ I I I C( - 78540 376972 1156"i'4"- N8.j'18'1i"W 783 90-' J- ---U-...1.-._ _.Jl~' 810.47 .)669.71 -jioo'Oo~ N84-30:rrf!:J'i 80899 I I C3 818 65 3909 72 lLQQl!Q.: 4' 0'09:1. ..J!!l.~L -----t- - C4 777 07 372972, 56'''' S 4'28',7"E 77566 POINT Of f.OMMENCEMENT --I GENERAL Non 1:-.---------__ __ __ ___ _ _________ EAST 1/4 COR Il- BASELINE _~-- _ __ SEC. ~5 ' NO!UItERlYLINE Of: sourrl !jALF:OF SECTION 25'-49-25 ._' -f1>Cs III Ok--. PROPOSED RIGl ()f WAY ItAI.STATT PARTENERSHIP I COlllE~ ~.r;. PB 33/59 [--I OR 1067 Y9'7'3 !:; POlflr OF BEGINNING OA - PROPOSE{) AOOlTlONAL RIGHT...Of -WAY ~ LJNE fABLE liNE BE ARING I.ENG'TfI b!__"::'~n6'W 93i~liil ...IoL_. SQQ:Z6:13"E 352,25 . L3 SOO", "E -=-_~O.OO _ L4 S69'U30"W 222.12 - -T5-- N78'3ii'iig'w 'ii4'jil-- "-'l:6- S89'29' I'W 608.44" L7"~ ..NOO'30'09"W . 4000_: -~-.~L1.. ..J!~8.4L lL.. S78:JQ:.Qi:l.. 2~,38_ L10 'N89'33'3B"[ 222.'7 I L(GAL DESCRIPTION FOR PARCEL 1048 C> :::c:.t c.....> CT"o ~ ~ ~ G"') c.....> I:'....> I:'....> CT"o CONTAINING 118,435 SQUARE, FEET, MORE OR LESS. CONTAINING 2.72 ACRES, MORE Of< LESS. BtAAlNUS ARE 8ASfO ON NOf(TH M4i:J~ICAN DA1UM (N.....O) UfUI-1'II90 ADJlJSTMENT STAT[ PLANE CDORDlWiT[ SVS1(M (GRID) FOR FlORIOA. fAST lONE. SKETCH & DESCHIPTION ONLY NOT A BOUNDARY SURVEY EXHIBITE pa98_5. 0'-. ~ o L C? ~ .1..._ BY; /". c.r~"'-C--L__ - L ~'-__~ :t:--.. ROll[R G. CAl.61R. PkOFt:CSlONAL SLiR\'E'tOR . MAPPE:R noMIDA IlrClSTRA110N (E'fmn~TE NO. 5102 SIGNING DATE' 5' _ z.,Z ,-C',~ ~OiI.6~6~ ~~~~~iRI~[ p:fi~o~~1~*R "Z;JUM!~:~R~S(O SCAl O~. 300 600 \200 ..._.=:J FOR: COLLIER COUNTY GOVEHNMENT BOARD OF COUNTY CO~!lISSION[RS : ~ , SCALE: I' = 600' GOLDEN GATE PARKWAY IMPROVEMENTS S/(ETCII & DESCR/PTJON Apr J 6, 2002 - FEE SIMPlE INTEREST D"WT~'.'- .l~~~~Gl. 3050 NOIl'fH HORSESHOB DlUYB,lstlITB27b NAPLES. PL01UDA 3.10.. PIl. (941) 649.1j69 F.. (941) 649.70'6 r.nN"..(i!1j2 rilE NAME OI-0015SKI04B SIIEEr 1 OF M:\l.uncl Projecls R2\Ol-00 15\dwg\Revi8cd fus 4---"02-.02\Ol-0022.00f4"k JOi8--D2.dw9 OR: 3611 PG: 3227 ,\ \o~ EXHmIT "F" DEVELOPER'S (HALSTATT PARTNERSHIP) ROAD IMPACT FEE CREDIT LEDGER TMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the property depicted on Exhibit "A" the Grey Oaks PUD Master Plan - Map B-1. BEGINNING BALANCE, , , , , , , , , . , . , $ 1,978,199.40 DATE PERMIT NO. ROAD IMP ACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ f-[~7r}:~~Ti'~'S:::(FJl -. I", ""'.)'~l ~ f U~.a..~1_.~J f \0 EXHIBIT "G" Risk Management Guidelines Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein, The area insured must include the area set forth in Exhibit "C" to this Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000,00 per occurrence combined single limits. Coverage shall be written on an occurrence form, Developer shall name Collier County as an additional insured on said policy, or a current Phase I Environmental Study of the property. f" L.:,-; ....!:..~~~...-l ! ....-...,,' 1 LJJ) ~\{1__J OR: 3611 PG: 3229 J IDA Exhibit "H" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable, Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682,01 et seq, shall be controlling, These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts, The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court, The methods involve binding arbitration and pre-suit mediation, Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes, Arbitration is traditionally a less formal process than court litigation, Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties, Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. 2, DEFINITIONS: 2,1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation, 2,2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator(s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3, JURISDICTION: 3,1 A claim that does not exceed $250,000,00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000,00 for binding arbitration, but no single claim may exceed that amount. --;~-:-:-:-;:;71-;::~::':;"'-i~;:7-"'"':~ I, ';".I'I'~.'1 :," ;:;;{;,~~;~'i. Co" I ",_ ,..... ~,t)...:, p L~-1C2~'t'2_._" I OR: 3611 PG: 3230 I lOA 3,2 A claim in excess of $250,000,00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties, All claims less than $250,000,00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration, 3,3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated, 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed, 3.5 The claim must be a dispute between the County and the prime contractor, 3,6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation, 3,8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4, INITIATING DISPUTE RESOLUTION PROCEDURE: 4,1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations, 4,2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms, The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation, The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing, 4.4 The Claim Form shall be accompanied by: 2 ILT::i.;,.~-,.~,-',5~'Cj-l\ ~,. I,' I"" \", ,,'.) '-_ iii~ru r, '" OR: 3611 PG: 3231 ,. lOA a, A brief summary of the nature of the dispute involved in each part of the claim, b, The amount of compensation being requested for each part of the claim along with supporting information, c, Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents, It is suggested that information be assembled in a tabbed notebook for ease of reference, d, Contract Time analysis if a Release of Liquidated Damages is included in the claim, e, No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record, 5, ADMINISTRATION OF ARBITRATION: 5,1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing, 5,2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7 -calendar day increments, A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments, 5,3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing, In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated, In any event, a full 3 ot'"'---'.~'-"<<~-"-""'._-'._- _.~ -~-... i El'"nl:~2l~ ~jC:~f.Jt(C~;~ (\j t I 10 tl1 1 L, .Qcl~.. _.,1 OR: 3611 PG: 3232~' IDA exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party, 5,4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness, 6, INVOLVEMENT OF A TIORNEYS IN AN ARBITRATION HEARING: Counselor another person who has sufficient authority to bind that party at any hearing may represent a party, A court reporter will be present, unless waived by both parties, a, The hearing will be informal and involvement of attorneys. if desired. is expected to be minimal. b, The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute, c, Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted, The arbitrators may limit examination and argument as they deem appropriate, 7, CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7,1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing, 7,2 Documents will be accepted and identified for the record. 7,3 Distinct and severable parts of a claim may be dealt with separately, 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim, At the beginning of their initial presentation. a party shall present a succinct statement of the issues and a position on each issue, Orderly discussion between the parties as evidence is presented will be allowed, 7,5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted, The arbitration panel will be the sole judge of the relevance and materiality of evidence offered, 4 :',,'\i;,ri<:'~ ;. '.:L~ (;(J ,:iU:. \.::~' :....c;' ;~ io.~'t1-, OR: 3611 PG: 3233 IDA 7.6 Conformance to legal rules of evidence shall not be necessary, 7,7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7,8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein, a, A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible, b, Each party shall bear an equal share of the cost of the arbitration panel. c, Each party shall pay its own costs and attorney fees, d, All arbitration shall be concluded within one-half (112) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5,2 herein, 8, ADMINISTRATION OF MEDIATION: 8,1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation, 8,2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments, A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments, 8,3 The parties are expected to cooperate fully with each other in exchanging information, In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation, In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation, 8.4 Each party shall bear an equal share of the cost of the mediator. 5 'V--'--'''''-'. ,..__.__..~, -.,' .. .__.,-~'~ , [ji,";:;;:~ \,\!t,,~\ : L.lD-tl.'i1--- ! OR: 3611 PG: 3234 IDA 8.5 Each party shall pay its own costs and attorney fees, 8,6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5,2 herein. 8,7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs, The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity, 8,8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counselor a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation, 8,9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation, 8,10 Counsel shall be permitted to communicate privately with their clients, In the discretion of the mediator, mediation may proceed in the absence of counsel. 8,11 The mediator may meet and consult privately with any party or parties or their counsel, if any, 8,12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation, With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150,00 an hour, or the current rate for the Court program, An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation, The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process, 6 -- -~...--.~ r~':-:-:'~~~,,- \ [), ",~~ . ~",:__:'. \ L~l~L.J OR: 3611 PG: 3235 lOA 10, MEMBERSHIP: 10,1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities, Any single arbitrator will be selected through the Court Program, 10,2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators, 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10,5 The criteria and limitations for mediators and arbitration panel membership is as follows: a, The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members, Each panel member shall provide a statement of no known conflict. b, No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise hislher ability to impartially resolve disputes, c, No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator, d, The Florida Rules of Court Rules 10,200 et seq" Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10,870 through 10,900, e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein, 7 !~8:;;'~'~:'F-E'LfE;~-cj-i \ ('t,,). '\..1'.....<.1 '_. t~~~1--... OR: 3611 PG: 3236 IDA 11. MISCELLANEOUS PROVISIONS: a, Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. 8 r'li~~::r;;_~~':;r;:;"";1 cil\ L. tQ..a.!:fl__-J *** OR: 3611 PG: 3237 *** IDA TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed, After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbi trators, No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators, No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff, Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation, Both parties must undertake all ADR proceedings in good faith, 9 ...._.-~..._.._,._._". -........-.-.. .....~\ I :",\! ::~" ,,! :': j , '.!..:. I,... .:, I LJ.o..~:LJ IDA - . . .,.,. ", " .'. '.'~ PROJECT: 60006 PARCEL No,: Part of 101 FOLIO NO.: A Portion of 20765322702 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2004, by and between THE HAlSTATT PARTNERSHIP, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, FL 34105-3227,(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, Purchaser requires a fee estate in lands described in Exhibit "A" (Part of Parcel 101) which is attached and made a part of this Agreement, containing ,1069 acres and lying north of the northerly line of the south half of Section 26, Township 49 Range 25, (hereinafter referred to as the "Property"), 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, The above recitals are true and correct and are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $72,176,74 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 provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment in the amount of $72,176,74 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation, 3, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida, Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing, 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed,' which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property, At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. --'-:0"\ . ~i0,nt \ ~\.\\ L .'~ \ e ~~~$-"" ' '-- ./- J". . ">'. ' ... \ ~.. Easement Agreement IDA ~I Page 2 5, 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, 6, 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. 7, Owner represents that, to the best of its knowledge, 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. 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 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, 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 9thers, 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,) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS MOF. the parties hereto have executed this Agreement on this ...l tal day of .,---, 2004, . Date Acquisition Approved by BCe: May 25, 2004, . ....._-.---....t -~- \'1' r-O \ -ar;RnO\I LuLl.,':,~ . \ ""l f. "ilJl.'fJ ,;.,\ . _.Ili~~(l..-_.. Easement Agreement AS TO PURCHASER: DATED:~ .' \ I .' I I , I j , I I , I , ~" .~. I',,\~.{...'tl "'1'..... '1, ATTES:r.' , l"."r."" ~'.'. ", , .., f- .-' \) . .-...... ....'..,~-' DWIGl;tY.)~:: ~Ro3~Kt~9~rk ~ :~: ,: ~~ ',:~t \, . ", :::>t)' ',: -;. ~ i-; - "J' "'. \ '., ,J,' .:.' . ~n: ,., . ~ \.........'\., . '>..i l,n './ "I..lt"" AS TO OWNER: DATED: 1/ /1.1/I)f I Signed, sealed and delivered in the presence of: SUSAN J. NasoN Printed Name JJawJaf{dU<J1V Signature GAil W, ANDERSON Printed Name Signed, sealed and delivered in the presence of: ~d 1kr- SUSANJ. NB.SON Printed Name ~ - L,,- ,c!~- S ature .:>>ANDRA P. THOMAS Printed Name lOA J Page 3 BOARD OF COUNTY COMMISSIONERS COLLlEipUNTY, FLORpA _ ~ dJ.4 BY: Donna Fiala, Chairman THE HALSTATT PARTNERSHIP, a Florida general ners ip RINELLI, Chief Executive Officer THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner, By: JULIE 'A, SPROUL, as Trustee or Juliet C, Sproul Testamentary Trust, a General Partner Item# LDA ~~:da!S~--Ot.{- ~~~d L-d-'\""0C{ ,pL. ."...-.-...-t 'l"-il~.;'~'.':;,.'(j',: :;,.: lu \ t I '~.'~L't. "-\Li\':":,,;:.. !", ~ 1 (2 ~_5C).-, Easement Agreement Signed, sealed and delivered in the presence of: s~d1~ SUSAN J. NElSON Printed Name ~tu1e-'~ .~~ ~ SANDRA P, THOMAS Printed Name Approved as to form and Ie I sufficiency: Ellen T, Chadwell Assistant County Attorney lOA . Page 4 THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C. SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. s. SuQ~ JE NI ER S, ULLlVAN, as trustee, as Trus e for Juliet C, Sproul Testamentary Trust, a General Partner By, ~BA1~~~] PC 113+16.31 L Lt9 Nor I Mew 0 I ri: : THe,. A<<._A - : .LOl." AC~ON, HyNORY'" SPROUL TRUSTEES , OR 1332/1004 LINE Ll L2 LJ L4 L.5 L6 L7 L8 L8 LID L11 L12 113 lI4 lI5 lI6 L17 lI8 'L1S L20 L21 UNE TABLE BEARING '4 'I "W 'LENGTH 281.79 &8.00 68,18 283,54 3.00 400,00 2.00 1451.53 55.59 248.78 78787 394.88 680.56 10.02 379.91 170.07 102.86 0.84 45.94 98.U 9.00 IW'l.I:s DOLT COURSE HOl.DIHOS, LTD. STRAP NO. 148000 213,0004A2& OR 2381/1404-1411 _ . PROPOSED AIlOIT~ RICHT-Of-WAY . . 'FEES INTEReST CURVE Cl C2 C3 C4 c:l C8 '0 "W '0 '11' '0. N '13' 1 '1 T '42"W LEN<lnl 104,16 11.77 '81.72 397,53 221.39 288.44 CURVC TABLE RADIUS OELTA 87,00 38.00 ,,0.00 '1' 5659.3,J '01' 5878.58 5881.58 J'O' PARCEL 1011 297005.8 Iq. II. CB CO 9J.98 , 4' 11,72 . N 147.55 97,45 " 221.37 298.40 - - ~ ~~- . j KAatNGs AIt[ BAUO OH NO,"" AWERCAN MoTU" 1 (N.AO,) '""'-'9"0 AIloJIISTlI[NT STATr p~ COOllOlNAn: S'tS1[Il. (0010) 'OR n..... EAST ZON< SKETCH & OESCRIPTlON ONLY NOT A BOUNDARY SURVEY 160 .. ~ I , ~ ~ ~ ~ ~ ..--.. '0...../ -- t._ ~ II ~, ;j i ..... it i5 ; Ilt:NlS PICI/ CO\.9<TRY Cl.U8, INC. OR 1175/172 ~~ _~_lL src:nON 25-41-25 SCCTTOll 26-40-25 11 II I \ \ ;\\ i~ \ \ Ii I! l{' _J I EXHIBIT ...6- Pegt-L- oel \ . I SCALE; 1".300' FOR: . COLLIER COUNTY GOYE'lNMENT BOARD OF COUNTY COMMISSIONERS 800 BY, f3,.lt4--C'---~-' 1 ROOER 0. UU. PROFESSlOH.\I. SlH1Y{YOtf If lMt>PrR FlOftK>>. TRATlON ~nF1t41E ~~1Irl _0 OAT(, I-/~-c_' NOT v..un wonlOOl THE llIItOIN.ol SIOIIA1Ullf: . RNSE DA805SEO m.. or A FLORlM Af.Ct$TEREO PAoFESSK>>aAl st#M':mR ANn "WlPEn. GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH ole DESCRIPTION PAHCEL FEE SIMPlE INTEREST ~OO 5HEfT I OF r;-} I;,., I t rc, c."': I i'-"'!.~ ~j I-~ "" ,_,...: Vi' 1~."::J I I" ~. j : ;; :;:; ,.,,! ,,;> _J .. UJ ::'~'i::~'l' I:.;::' '" i~ '-~ , f I , --- l?nr~"'. Ie.\. y y i'l 1050 NORTI! UOOSIl8HOO DRIVo. BUn'll 270 NAPl.I!S, PLlIRIO^ HUM Ph.llI4l)IO.UD9 ,..(1141)648071>56 LD No.: 695' FILE NAME 0, -00' 55K 101 EXHIBIT A In J - "" r , LEGAl DESCRIPTION FOR PARCEL 101 BEING PART Of SECTION 26,: TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNlY, FLORIDA BEING MbRE PARTICULARLY OESCRI8ED AS! FOLLOWS. COMMENCE AT TliE EAST 1/4 CORNER OF SAlD SECTION 26, THENCE S.00'26'42'W, ALONG THE EAST LINE Of THE SOUTliEAST 1/4 OF SAID SE~T10N 26, A DISTANCE Of 281.79 FEET; , THENCE LEAVING THE SAID EAST LINE, N,B!l'31'IB"W., A DISTANCE OF 68.00 fEET, TO THE POINT Of BEGINNING; THENCE AlONG THE WESTERLY RIGHT -OF-WAY OF AIRPORT -PUllING ROAD (COUNlY ROAD 31), AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1161 OF THE PUBLIC RECORDS OF COlliER COUNlY, FLORIDA, THE FOLLOWING lWO (2) DESCRIBED COURSES; (1) THENCE S.00'28'42"W., A DISTANCE 66.16 FEET; (2) THENCE SOUTHWESTERLY, 104.16 FEET ALONG THE ARC OF A TANGENTlAl. CIRCULAR 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'OO'54"W.. A DISTANCE OF 93,98 fEET, TO A POINT ON THE NO~THERLY RIGHT-OF-WAY OF GOLDEN GATE PARKWAY (COUNlY ROAD 6B~) AS RECORDED IN OfFICIAl. RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, flORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-Of-WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES; (1) THENCE 69.00 fEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PAAKWAY, S.89'33'D8"W., A DISTANCE OF 263.54 fEE>; (2) THENCE N.DD'26'52"W., A DISTANCE Of 3.00 FEET; (3) THENCE 72.00 FEET NORTHERLY AND PARAllEL WITII CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'D6"W A DISTANCE OF 400.00 FEET:; . (4) THENCE N.00'26'52"W., A DISTANCE Of 2.00 FEET; (5) THENCE 74.00 FEET ND~THERLY AND PARALLEL WITH CENTERLINE or SAID GOl.DEN GATE PARKWAY, S.89'33'D8-W., A DISTANCE OF 1451.53 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID GOLDEN GATE PARKWAY, AS RECORDED IN OFFICIAL RECO.RDS 800K 2790, PAGE 1717 Of THE PUBLIC RECORDS Of COLLIER COUNTY, flORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-Of-WAY, OF SAID OfFICIAL RECORDS BOOK 2790, PAGE 1717, THE FOLLOWING THREE (3) DESC81BED COURSES; (I) THENCE N,76'48'28"W., A OISTANCE OF 55,59 FEET; (2) THENCE 67.11 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAtD GOLDEN GATE PARKWAY, S.89'33'08"W., A DISTANCE OF 246.78 FEET; (3) THENCE WESTERLY AND NORTHWESTERLY 11.77 fEET ALONG THE MC Of A TANGENTIAL CIRCUlAR CURVE TO THE RIGHT NORTH HAVING A RADIUS OF 3B.00 FEET THROUGH A CENTRAl ANGLE OF 17'44'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81'34'36"W., A DISTANCE OF 11.72 FEET; THENCE LEAVING THE SAID NORTHERLY RIGHT-OF-WAY, AS RECORDED IN SAlD OFFICIAL RECORDS BOOK 2790, PAGE 171 7. AND ALONG THE SOUTHERLY LINE Of LAND AS RECORDED IN OFfICIAL RECORDS BOOK 2361, PAGES 1404 THROUGH 1411 OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES' , (I) THENCE N.83'11'21"E., A DISTANCE OF 797,97 fEET; (2) THENCE N.85'3J'03"E., A DISTANCE OF 394.88 fEET; (3) THENCE N.86'26'28"E" Ii DISTANCE OF 660.56 FEET; . THENCE N.Ol'42'22"W., A OISTANCE Of 10.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF A 110 rOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICiAl RECORDS BOOK 284S, PAGE 2972 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; THENCE ALONG THE SOUTHERLY UNE OF THE SAIO 110 fOOT WIDE FLORIDA POWER AND LIGHT EASEMENT, N.BB'26'27"E., A DISTANCE Of 379.91 FEET; THENCE N.8J'03'16"E., A DISTANCE OF 170.07 fEET; THENCE NORTHEASTERLY 161.72 FEET ALONG THE ARC Of A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAl ANGLE Of 84'14'10" AND BEING SlJBTENDED BY A CHORD WHICH BEARS N.40'56'13"E., A DISTANCE OF 147.55 FEET, TO A POINT or COMPOUND CURVATURE; THENCE 70.25 WESTERLY ANO PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PUlliNG ROAD (COUNTY ROAO 31), NORTHERLY 397.53. FEET Al.ONG THE ARC OF A TANGENTiAl CIRCULAR CURVE TO THE LEFT HAVING A RADIUS Of 5659,33 fEET THROUGH A CENTRAL ANGLE Of 04'01'29" AND BEING SUBTENDED 8'1' A CHORD WHICH BEARS N.03'll'37"W., A DISTANCE OF 397.45 FEET; THENCE N.DS'42'02"E., A DISTANCE Of 102.86 FEET, TO A POINT ON THE WESTERly RIGHT-OF-WAY OF SAID AIRPORT-PULLING ROAO (COUNTY ROAD 31), AS RECORDED IN OFFICiAl RECORDS BOOK 953, PAGE 828 OF THE PUBLIC' RECORDS OF COLLIER COUNTy, fLORIDA; THENCE ALONG THE WESTERLY RIGUT-Of-WAY Of AIRPORT-PULLING ROAO OF SAID OFFICIAL RECORDS BOOK 953, PAGE B28, S.I3'04'13"E" A DISTANCE OF 0.64 FEET, TO A PDlNT ON TH WESTERLY RIGHT-Of-WAY OF AIRPORT-PULLING ROAO AS RECORDED IN OFfiCIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNlY, fLORIDA; THENCE ALONG THE SAID WF;STERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNn'. ROAD 31) AS RECORDED IN SAID OfFICIAL RECORDS BOqK 145, PAGE 95 THE FOLLOWING TWO (2) (DESCRIBED COURSES); (I) THENCE 50.00 FEET WESTERl.Y AND PARAlLEL WITH THE CENTERLINE OF SAlO AIRPORT-PULLING ROAD (COUNTY ROAD 31), S.05'45'18"E.. A 'DISTANCE OF 45.94 FEET: (2) THENCE SOUTHERLY 221.39 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR 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.on8'18"E., A DISTANCE OF 221.37 fEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORD EO IN SAIO OFFICIAL RECORDS BOOK 2064, PAGE 1161; THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN liAlO OffiCIAL RECORDS BOOK 2064, PAGE 1161, THE FOLLOWING THREE (3) DESCRIBED COURSES; (I) THENCE S.02'10'12"W" A DISTANCE OF 99,46 fEET; (2) THENCE S.87"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 (COUN1Y ROAO 31), SOUTHERLY 296.44 FEET ALONG THE ARC Of A NON-TANGENTlAl. CIRCULAR CURVE TO !liE RIGHT HAVING A RADIUS 5661.56 THROUGH A CENTRAl ANGLE OF 03'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.01'01'18"E., A DISTANCE QF 296.40 FEET, TO THE POINT OF BEGINNING; CONTAINING 297,005.8 SQUARE fEET, MORE OR LESS, CONTAINING 6.82 ACRES, MORE OR LESS, SKETCH &: DESCRIPTION ONLY NOT A BOUNOARY SURVEY FOR: COlliER COUNlY GOVERNMENT BOARD OF COUNTY COMMISSIONERS EXHIBIT ..L ,Pege-L. 01-2.... GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & OESCHlP'fIDN 1?nr~-' J:l. H .1n1. IO~. NORTlI HORSllSIIOB ORIVIl. sunn 27. H"Pla, fLORID" :t<11M Pb.(lI4J)6ol9-Ullt PO'(II41)641'-1O'6 LIS Ntt.: dtS:z I DRAWN BY I fiLE NAME I SHEET REC 01-001551<101, 2 OF 2 FEE SIMPlE INTEREST PARCEL J01 COI,UER COUNTY, FLORIDA JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE ISCALE 01-0015.16 2 26 49 25 NONE I DATE . 5- II-OJ INDEX NO.: ,:' fJ r--. I J I \ .. ()l -,,'-~ Vi: ~:: ~ ::f.:f~:: ~ 'J .---' ".. PROJECT: 60006 PARCEL Nos.: 1 04A and 704 FOLIO NO,: 00267040007 IDA .. ~~ PURCHASE AND EASEMENT AGREEMENT THIS PURCHASE AND EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2004, by and between THE HALSTATT PARTNERSHIP, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, FL 34105-3227 ,(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), , WHEREAS, Purchaser requires a fee estate in lands described in Exhibit "A" (ParceI104A), and a Temporary Construction Easement (Parcel 704) over, under, upon and across the lands described in Exhibit "B", (hereinafter collectively referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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. The above recitals are true and correct and are made a part of this Agreement. 2, Owner shall convey the Property to Purchaser for the sum of $2,646,076,00 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 provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment in the amount of $2,646,076.00 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation, 3, 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, 4, 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, .....----------....., \ fl/\RRO.N ell! 1I1H Cll I FlU': NI.JMOln ID;151 -." --~_.................-.--.. Purchase and Easement Agreement lOA 11 Page 2 5, 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, 6, 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. 7. Owner represents that, to the best of its knowledge, 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, 8. Purchaser shall pay for all recording fees for the Warranty Deed and the Easement, and for any and all costs and/or fees associated with securing and 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, 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,) 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, Date Acquisition Approved by BCC: May 25, 2004. I, lJAfiliON COLunl Cj-'I riLE riUi,,'tllt\~ 1()~51 -- .. - .'_.~ -..~~._- -. -~.. . ' Purchase and Easement Agreement AS TO PURCHASER: DA TED:/' (71 - dt;(J 1- b:J: . ~ \ \' II.' I ':'~ 1(,., j I, ATTES'Tl'" . COt'...., ,-'j;- "'" .'f .("f~ .,....... 1) .", OW I GH:"F'E; '.8 Roc~;'oi(,Jk o {(i: ;~<~'::;,~ \ >~ OJ ,e.. . tett. ~<,' , . I ,: Q~ S tgnatur~,~l'j.'" , AS TO OWNER: DATED: -1/, /P / of r , Signed, sealed and delivered in the presence of: ,,4144 )- /J.IL - Signature"1J ' ~ SUSAN J. NU:lN Printed Name JaJ{()acd~ Signature GAIL W. ANDERSON Printed Name ~as t~C2.gal sufficienc,y , J~_ Assistant Count1 Attorney Ellen T. Chadwell lOA ~4 Page 3 BOARD OF COUNTY COMMISSIONERS COLLI~UNTY. FLORIDA. BY: ~ d4 Donna Fiala, Chairman ltem# !QtL -,----_.---_._-~ -L: [jr\liFlOI'l l PI I il.i\ co I riLE NL:r.'ILlLr1 JP!A~l_. lOA Purchase and Easement Agreement Page 4'- Signed, sealed and delivered in the presence of: THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. ,-i: L.. ,~+ ~ .,J S' ature ' By: JULIE , SPROUL, as Truste for Juliet C. Sproul Testamentary Trust, a General Partner SANDRA P. THOMAS Printed Name .};t'/d-t<) /2dfAkM Signature GAil W, ANDERSON Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1(P~day of Ji:'1,.J , 2004, by JULIET A, SPROUL, as Trustee, a general partner of THE HALSTA~ PARTNERSHIP on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, y..'ho is personally known to me or has produced as identification, "'r;A~'r;:.'",, SUSAN J, NasoN !/!;Q" ~~ MY COMMISSION II DO 004631 ~, :: EXPIRES: April 21. 2005 '~p.(.:r.i." Bood8d Thru Nolary Public Undelwlltn &~~d I}tkv- Print Name: SUSAN J. NB.SON My Commission Expires: t..f-,;>1- ~ 0 ,_....,..:': .:1".':':'. :~'\ :))"--1\ \ Li.;',''':; I.~.' ~,,' l. ..I~~~L-..._. lOA ''1 Purchase and Easement Agreement Page 5 .:) I Signed, sealed and delivered in the presence of: THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A, SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1 , 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Floridq, as a Partner, ~.. .r...~ ~ ---..-.iU/ , nature SANDRA P, THOMAS Printed Name ilM U) (),"-~'WM Signature GAIL W, ANDERSON Printed Name STATE OF FLORIDA COUNTY OF COLLIER ~he foregoing instrument was acknowledged before me this /&''^-day of ,2004, by JENNIFER S. SULLIVAN, AS TRUSTEE, for the JULIET C, SPROUL RUST under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner, on behalf of said Florida Partnership, yvho is personally known to me or who has produced aSid:~~~~~_ . .. Pnnt Name: My Commission Expires: t..f -~ - d-Da::s- Approved as to form and le~ ;~ffiCiency: /i / ~W~ Ellen T, Chadwell Assistant County Attorney ..,~"'" ". SUSAN J, NEtSON !or ~ MY COMMISSION. DO 004631 \\ ' ~ EXPIRES: April 21, 2005 ,~,.. : Bcnded TIw Notary Public Underw..... .........,-t ~::7~~t~ j EXHIBIT A .. UNE TABLE if UNE BEARING LENGTH FEE SIMPLE L1 N " 143.16 , 4 .. INTEREsT L2 11'4 '2 " 52.14 IINIJUL NOfr L3 N ' 1'5 " S09.52 ~~I"OWQI.UM' ........ ............. L4 N 1964.25 ~ 01; 14211'3'" L5 0' 116.SO LO "w 1243.80 L7 l' "w 294.16 ,...N<<.;t.,- lUIfA L8 107.35 300.J1. .... n. . I 1"0l'''~ ~I i ~ ~ i ~ I ~I ~ I ~ tt'J'JIL'r:loIIMl:lff i! , u,,'~. ~~ t TIlICT . IWnHPI 4JItt'r MCS. ItC. lItUOt/1111 \ '------, 1 I I I I I I I I 1 l, ------ OCII.lIIHGAlIPM.f(WJ<< ,....... {INII'tltDff4Mn75 . ":..-IT~ ~..::--= r all utn3I I l1UI:T. I ~~l~ Glt<<I, K ,r---------------------------....I , I I I I I I , , , , I I ........... I "'/ .' ~- I'ANDlPI GNrf' OAk.. Ie. CNI 2S01/Ult CURVE C1 C2 C3 C4 C5 LENGTH 88.94 429.59 I 404.15 157.19 195.15 CURVE TABLE RADIUS OEL TA 5879.58 3909.72 84<l.00 339.82 5879.58 CO 88.94 429.37 '100.26 155.79 ',95.14 E - . ~........ .."........... 17'44" 7' , " 28'3 '1 " CB 1 "24" N 7' l'17"W 7 '4' "W 75'10'57"W w .. .. s n I I I .' LEGAL DESCRIPTION FOR PARCEL lD4A BEING PART 01' SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNlY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE WEST 1/4 CORNER 01' SAID SECTION 25; THENCE N.89'34'38"E. ALONG THE NORTH LINE 01' THE SOUTH 1 /2 01' SAID SECTION 25, A DISTANCE 01' 143.16 FEET, TO A POINT ON THE EASTERLY LINE Of lAND AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1879 01' THE PUBLIC RECORDS 01' COLLIER COUNlY. 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 01' 00'52'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.01'51'24"E., A DISTANCE Of 68.94 fEET, TO THE POINT 01' BEGINNING; THENCE LEAVING THE SAID EASTERLY LINE 01' LAND, S.1I'49'25"E., A DISTANCE 01' 52,14 fEET; THENCE N.76'31'52"E.. A DISTANCE 01' 509.52 FEET, TO A POINT ON THE SOllTHERLY LINE 01' 110,00 I'OOT WIDE fPL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 01' COLLIER COUNlY, FLORIDA; THENCE ALONG THE SAID SOUTHERLY LINE, N.89'34'38"E.. A DISTANCE 01' 1964.25 FEET; THENCE LEAVING THE SAID SOllTHERLY LINE, S.oo'25'22"E., A DISTANCE OF' 116.50 fEET, TO A POINT 40,00 FEET NORTHERLY 01' THE NORTHERLY RIGHT-OF-WAY 01' GOLDEN GATE PARKWAY (COUNlY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 Of THE PUBLIC RECORDS 01' COLLIER COUNlY, FlORIDA; THENCE 40.00 FEET NORTHERLY AND PARALLEL 01' THE SAID NORTHERLY RIGHT-OF-WAY, RUN WESTERLY THE FOLLOWING FOUR (4) OESCRIBED COURSES: (1) THENCE WESTERLY 429,59 FEET ALONG THE ARC Of A NON-TANGENTIAL CIRCULAR CURVE TO THE LEfT HAVING A RADIUS 01' 3909.72 FEET THROUGH A CENTRAL ANGLE 01' 06'17'44" ANO BEING SUBTENDED BY A CHORO WHICH BEARS N.87'21'17"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 01' A TANGENTIAL CIRCULAR CURVE TO 'THE LEfT HAVING A RADIUS 01' 840.00 FEET THROUGH A CENTRAl ANGLE OF 27'34'00" AND BEING SU8TENDED BY A CHORD WHICH BEARS 5.75'42'51 "w., A DISTANCE 400.26 FEET; (4) THENCE S.61'55'51"W., A DISTANCE 01' 294.16 fEET; (5) THENCE SOUTHWESTERLY 157.19 FEET ALONG THE ARC Of A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS 01' 339,82 FEET THROUGH A CENTRAL ANGLE OF 26'30'12" ANO BEING SUBTENDED 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 01' 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 01' 01'54'06" ANO BEING SUBTENDED BY A CHORD WHICH BEARS N.00'28'21.W., A DISTANCE 195,14 FEET, TO THE POINT OF BEGINNING: EXHIBIT--A- CONTAINING 300,719 SQUARE FEET, MORE OR LESS, CONTAINING 6,90 ACRES, MORE OR LESS, ~ of_ I _ 9EARI~S ARE' BASED ON NORTH ^Mr"lCAN OATtJU ..---..: (N.A.D.) ISBa-lIDO AOJ\ISTMF.NT STAlE PlANE COORDINATE SYSlEW (GRO) 'OR Fl.ORIOA EAST ZONE. GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH &. OF-SCRIPTION I FEE SIMPlE INTEREST n\Yr~'''' .l~S~Jiiol. . 7050 NORTH RORSJil,I~On 'lR r/li, sum 270 NAI'LIIS, FLORIDA 74104 Ph. (941) 649-1509 Pa. (941) 649-70S6 LB No.: 6952 FILE NAME 01-00 15SK 104A ':-1 ~'5, -1 .-:';-' \t\~ . c~ t ~: ~~ r6~ - .:~.o, :; - CD I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o I 200 400 800 I BV,"g~~~~. ;-lO~.o.-. REGtSTRATlON CERT'!!fAT~ _N~i'~702 C:"CNHQ o.lTE: ~ ~.4'~ NOT V-'l...1O wm.fOUT ,~t VRIOI~c~~r ,. RA'SED El~IK)S~1tO S[AL Of" A rUmlDA AEctSn:::u:o PFfOFESsrONA~ Sl....'W..'YOR AioiD lotAPPEFl'. SCALE: 400' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS SHEET 1 OF 1 ~ ,...,.... 11I\11__11\",,""""'-'1 -.. I no J-.Oo4,I\lt---"'.____._O:J.-01\-..........~...___,._.:I'VI_. i'OII ..... 11-"-a~ .0lIC..... ~,,~o.\OI_ot'....I_...$.... Vu,"" IltN,..,...,..'1 11' \\ I I E f! ~ .31 +00 I 432+00 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT PARCEL 704 3,379.2 sq. II. -.. :-f HAl.STATT PART[NERSHIP OR 1428/1348 lfl ~ ('oj I en or I <Cl ('oj Z 0 ~ ;::: ..... G:J 0: VJ i Vl QOJ 8 + 2 4JJ+O ! 2 I I ~ -1 "iT: -- lfl I I ~~I I ~~I! I J, ~ CD I", ('oj 011 ,;; I ~ z~ '::::'I~ ~ ~ ;; I "", u.....1 - wo: 0:1", VJ 0 I 0 I I I I I I 110' ~PL-=MEN'T7 OR 185/845 U AB UNE BEARING LENGTH Ll '4 'w 25.00 L2 N '34'38"E 144.31 L3 N ' 4' " 30.01 L4 11'49' 48,55 L5 7 '31' 'w 30.01 L6 52.14 --------=== f-- I ~ z 3 ;:) a.~ 10 !;:o:: o Cl.. 0: < 434+00 43!!t+OO 44~ 4Ut~ ...'~OO .;-- \ =------- GENERAl. NOl[ FPl . FLORIDA POWER " UGHT R/W . RIGHT-OF-WAY II. . BASEUNE CURVE TABU: RADIUS OEL T.4 CB CD 5909.58 '1 . '44' 60.87 5879.58 N 63,93 8 + r ~ CURVE Cl C2 LENGTH 60.87 63.93 LtGAL 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.B9'34'38"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 UGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTINUE N.B9'34'3B"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.0I'44'38"E,. 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 SUBTENOED BY A CHORD WHICH BEARS N,OI'44'OS"W., A DISTANCE OF 63,93 FEET, TO THE POINT OF BEGINNING. CONTAINING 3,379.2 SQUARE FEET, MORE OR LESS, rOR: COLLIER COUNTY GOVERNMENT SOARO OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: TEMPORARY CONSTRUCTION EASEMENT PARCEL 704 COLLIER COUNTY, FLORIDA BEA"INCS ARE BAsED ON ~T~ ,wrr:"C~ ~ruu (N.....O.) 19M-I'BO AOJUSTU[NT STATE PlANE COOROINAT[ SYSTEw (CRIO) FOR F'lORIOA EAST lON(. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY EXHIBIT_ B Page_ \ _ of_ \ o [ '0 /..,~.,......, ~. f0~,C" ... ..~. --~ o. lot. plIocnsMl SUlMVbo' " _.... '.t. OR.,. Rr ....TION .sE""=~, NO,. 5102 . 'lGIONG ''''TE, :? -.,<!::$ -- <11':1" NOT VAUO WfTHOUT lliE,/JRlaWI.L SlCHA.TURE .'::'WsrO E"'BO\iSED SEAl or A FlORIDA REOISTEIl!:O ll~\:.~: ;i~ """0, UAPPr:: Cg 1 .'~,~~ ! .;;;:-~ \Jll ~ S .-II -. :~ , 01 c:_ a' ~-- 76 150 300 ., SCALE: 150' nWi4~r. .I;~,.~r~'iGl. lO'O NORllI HORSI!SHOE DRIVE. sum 210 N.4PLI!s, PLORIDA l<1 D< rho (9'1)649.1509 Pa (9<1)649-1056 tB No.~ 6"2 FILE NAME 01-0015SK704 -' JOB NUMBER 01'-0015.20 SHEET , OF 1 INDEX NO.: ~,,- '~,"". ..,,,....,,,...,._," ...... , ... J-,O-OJ,.......-RW....__~.J.."......._.__._,...."._"... ... ,,.,,-OJ,....... ,... ... ,.."...,,,....,,....,....... """... lOA ~ PROJECT: 60006 PARCEL Nos,: 102A, 102B, 102C, 702, 802A, 802B and 802C FOLIO NO,: 20765322809 PURCHASE AND EASEMENT AGREEMENT THIS PURCHASE AND EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2004, by and between POINCIANA PROFESSIONAL PARK, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, FL 34105-3227, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, Purchaser requires a fee estate in the lands described in Exhibit "A" (Parcels 102A, 102B and 102C); and, a Temporary Construction Easement (Parcel 702) and three (3) Perpetual, Non-exclusive Street Light Easements (Parcels 802A, 802B and 802C) over, under, upon and across the lands described in Exhibit "B", (hereinafter collectively referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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. The above recitals are true and correct and are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $194,950,00 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 provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser tb make payment in the amount of $194,950,00 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property, It is mutually understood that the Property is being acquired under threat of condemnation, 3, 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. 4. 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 CARRON COlL/EIl CO J fiLE NUMI.lf:1l ...{()~.'tL Easement Agreement 10J'~- "ge 2. ~ ~4 5, 6, 7, County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 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. 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 represents that, to the best of its knowledge, 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, 8, Purchaser shall pay for all recording fees for the Warranty Deed and the Easements, and for any and all costs and/or fees associated with securing and recording any Partial Release(s) or Subordination(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. 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,) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. this IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 04!-rdayof ~ ' 2004. \~nAi~j. -l)iGfil,i CO~'\ FILE l:ul~I~~ . t(?tA'CL-- ......... ~ Easement Agreement Date Acquisition Approved by BCC: May 25, 2004, AS TO PURCHASER: DATED:J~I"" ;}DOt{- .c. .. , '", .111 ,..' AS TO OWNER: DATED: '1/Ll~(Q1 Signed, sealed and delivered In the presence of: -A~~871 ~~ Witness J. NElSON >stt:m~ · '~'L.. ~--' Itness SANDRA P, THOMAS Print Name l"A - . ~ 3 . ijl BOARD OF COUNTY COMMISSIONERS COLLlEJfl:::V, :1:i BY: ^fh Donna Fiala, Chairman POINCIANA PROFESSIONAL PARK, a Florida General Partnership By: JULIET A. SPROUL, and JENNIFER S. SULLIVAN, as Trustees for JULIET C, SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a General Partner. ~, Item # lDA l t.\Jenda 5- dt;;'--otf: Date --. ~~ Date ...,..--d-\......O,l Rec'd I _\ , -----.....,..---'1 l:--a:A.fifiON COLll::R [;0 I flU: r'lUI,Il3Ef1 .JJ~~~q- Easement Agreement IJJA 4!.>lf ~ Signed, sealed and delivered In the presence of: POINCIANA PROFESSIONAL PARK, a Florida General Partnership By: JULIET A, SPROUL, and JENNIFER S, SULLIVAN, as Trustees for JULIET C, SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a General Partner, ~~ d~L!::;- ~ri Name (L2 -1 4 ___ ~--t.A-~ ~~ , ness SANDRA P, THOMAS Print Name , ) Approved as to form and legal sufficiency: Ellen T, Chadwell Assistant County Attorney C'. D.I\Riioitc(:;ilii~i;-((i-~'1 rlU: ~~Ur,"'.;d "jO.~~.,'J _ J POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 00+60\ ROW PER OR 115 95 LINE __~1 L2 L3 ----- L4 -----., L5 L6 ------ U L8 -_._- L9 L10 L11 LINE TABLE BEARING SOO'28'42''W S89'33'08"W S89'33'08"W N79'18' 11 ''W S89'33'08"W N89'13' 25 "w N85' 4717"E N89' 33'08"[ -500'26'52"E N89' 33'08"E S82'06" O"E LENGTH 546,81 310.30 250.46 62.08 206,00 34.59 39.04 308,01 4.00 130 00 75.79 GENERAl NOTES: ROW . ~lGfiT OF W^Y OR .. arFICI^,- RECORDS 800K SEC. . SECTION I . BASELINE C t I ~1-- ~ erARINGS Aq( 81'1SEO ON NOR1H AM[RICAN OATUIo4 (N.AO) 1988-19VO AOJusr"'[Nl S1l\T( PLANE COORDINATE SYS1EU (O"'D) FOR nORIOA OS1 ZON( SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY III SURVEY +--1- L 1 0&<-901 00 ~Ol 1I1 W W f- 1I1 ::> a::-.j- f-o -.Jo 3.::::. a::l'J o.r'l 1I1~ ~a:: >-0 a:: o z >- J: Z o f- Z >- -.J " ", .. :g 8 N +_ ~ ~ I ~II ~ L "', '" lOa :i- co ....J : I <1:8 0+ I ~~ ~ 3 ~ ...... z g ::> -L9 08 n: () .:; - 0 '-" ~ 0:- r I~ ~ ~ :l<: 8 fj1 ~~- l-.. 0." .... ", w ~ <-,8 +. z ~ Ci w" ~ a ::J <5 VI <-' ~ - "" II .... ~ I" ~ ~ I II ~~ I ah ~ -~:" -I : I EXHIBIT A ""'" ': .'~ . ~~f ... ...~:I 3' ~~ '" r: Ii' L ~ I~ I ~I L 1fj1 ~ I o 7~ L- 8 ~ \ ~n _ ~__ _ t PI 104+51.47 -I AIPRORT -PULLING ROAD II-+- I 00+[01 OO+ZOI 00+101 I ROW PER O.R, BOOK ... .. 8 .. ::: .. PROPOSED ADDITION L RIGHT-Or-WAY / r::.. INTEREST ==::::::-- PARCEL 102A 3,737 sq. ft. II ~ 1\ ~--~ ::<: 0: <( Cl. ..J ~..,. 010 V;1Xl ~.:::.. u.r"l u.O Or') 0:- Cl.o: ~o ~ u z B Cl. Ii If) ..J II t VI =:J (/ 1~0 Q /':) -L2 300 flY. _~ I .. EO G~.Of[SSI",,^,- SUlMlOR I< NAPPfR rLOfroA iR[t't~;i~ cr;r:CATE NO:t~702 SIGNINC DATE: 1O - { - - 0 . NOl VALID WITHOUT THE ORIGINAl SIGNATUR . RAISED P.lBOSSED SfN.. or A FlORIO" REGISTERED PAQrESSlONI\l SlJrNEVOPl iAAlO MAPf'[A V"'" ~ -~ - cs: -; . - ........; , .----.. GOLDEN GATE PAIlKWAY IMPROVEMENTS SKETCH &. DESCRIPTION FOR' COI.l.IER COUNTY GOVERNMeNT BOARD OF COUNTY COMMISSIONeRS SCAl.E; 1 "-150' FEE~ INTEReST ~lY~~- .ll. y y 1"l. )050 NORTH 1l0RSESllOE DRIVE, sum 270 NArtES, FLORIDA ]4"'" Ph,(941)M9.1509 F"C!>41)649-7056 LO No.: 6952 FILE NAME SHEEr 01..()015SK102A . I OF :> EXHIBIT A lOA 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.00'28'42"W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 546.81 FEET; THENCE lEAVING THE SAID EAST LINE, S,89'33'08"W., A DISTANCE OF 310.30 FEET, TO A POINT 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 SOUTHERL.Y 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 OISTANCE OF 206.00 FEET; THENCE N89'43'25"W., A DISTANCE OF 34.59 FEET, TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 831 OF THE PUBLIC RECOROS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY OF SAID OFFICIAL RECORDS BOOK 931, PAGE 831, N.85'47'17"E., A DISTANCE OF 39,04 FEET; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 120, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.89'33'08"E., A DISTANCE OF 308.01 FEET; 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 FEET; (2) THENCE N89' 33'08''[., A DISTANCE OF 130.00 FEET; (3) THENCE S,82'06'10"E, A DISTANCE OF 75.79 FEET, TO THE POINT OF BEGINNING; CONTAINING 3,737 SQUARE FEET, MORE OR LESS. EXHIBIT .-6... P8ge~ of_l2. _ BEARINCS ARE BASED ON NORTH AMERICAH OArUU (N."'.O,) li8S-1gQO "'OJUST),lENT Su.n PlANE COORDINATE SYSlE"M (GRID) rOR flORIDA EAST 20NE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY f OR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION ~ll!}'~' .1:l. .., 1<'l. JO,O NORTIl HOitSBStlOB DRIVE, SUITS 270 NAPLBS, PLORIDA 3"". Ph. (9.,).s.9-U09 Po (9)lI).s.9-70S6 LB No.: 69S1 I DRAWN BY I ," E NAIAE I SHEU' REC Ol'-0015SKI02A 2 or 2 PARCEL 102A COLLIER COUNTY, FLORIDA JOB NUMBER I REVISION TSECTION I TOWNSHIP I RANGE I SCAl.E 01-001516 J 26 49 25 NONE INDEX ,~O. I DATE 6-08-04 ~ ;.'~ , .:-.. .. ~ ...... "~~:~ ,:~.~!g ! -! t_.! POINT OF; COMMENCEMENT EAST 1/4 COR. SEC. 26 PC 106+51.49 00+601 ROW PER OR 145 95: L1 i! SURVEY - +- - 1- OO+UOl OD SOl ~ ':J I .. I '" 0 N Q: 0 I Q: "' ll. I V1 3: 0 W '" W l- I V1 ::> oc... 1-0 ....JO ::>~ 0"-. LINE TABLE OCN LINE BEARING LENCTH n./") LI 633,27 V1~ L2 50.00' "'do:: LJ N ' I' 'w 15,00 )-0 .l4 N '4 " 40.00' 0:: L5 "VI 54,82' 0 L6 ' 3'0 " 4,95, Z l7 00' 8'4 'w 44.16 )- :r: l Z 0 I- Z )- ....J CURVE TABLE lENGTH RADIUS OEl TA CB CO 64.BO 40,63 90'55'35" 544'59'05"E 56.21 c: 1 ~ ~+- ~ 1 I 8€:AAIN(iS ARE BASED ON NORTH AMERICAN CAJUW (III.A.D.) 1981_ 1 89tJ ADJUSTM(HT ST"T( PlANE COOROI....TE SYSTEW (GRID) FOR FlOlllOA [AST ZONE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY g :,- N .. ~ I ~L <:::i n." l" "' w ~ 08 .. 'Z:e c; w" ~ 9 i)\ o ~~- ~ n '" --... ..., : ~- o~ ~~ -I 3: ~ 8 .... j; ~ ~ --... l':l I~ II:: ~ ~ ...- w ~ !:t a. l~ I~ I 8 3: +- 0 ~I r II 76 160 SCALE: 1"-160' GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH &< DESCRIPTION FOR: COLLIER COUNTY GOVERNMENT BOARQ OF COUN'IY COMMISSIONERS FEe 8IMPLE INTEREST EXHIBIT A GENERAL NOTE Ii! = BASElINE 8 ~ ':J AIRPORT-PULLING ROAD SECTION 25-49-25 -;'..':1- - ~I OO:~OI oo:wl-sECTION 26-49-25 ROW PER OR. BOOK 10~AG~1~H=:: _. POINT OF - B - -lJH-=::-l BEGINNING ~ 8 +- ... " a:: ~I ~II I ~:I I I PARCEL 1028 1,625 sq, ft. 8 +- ~ I _ = PROPOSED ADDITIONAL RIGHT-OF-WAY r~ II II II ~ ----.::::-:- 8 + ~ :><: 0:: <( n. <l. z o Ui"t VlIO ~~ 0,., 0::0 n.,., <( zo:: ~O [i z is n. J. Vi (( EXHIBIT A paue2- ot 0_ 300 BY, Ro~~ (~.,__-:~. ROO[R c. TER. FtROfESSIONAl SURVEYOR &: NAPPER ~ FlORIo;. R( TRAllONCERTlnCATE 'itl 5702 SIONlNG DAlE: 1_ /?- _ C) t'-\- NOT ""lI0 WIlkOUT THE ORIQIfW. SIGHATUlfC 4: RAISED EWOOSSEn SfAl or A I"LORIDA IUCISTfRW PRM[SSIONAl SURV[YOR AND f.WIP'fR J:~~ ., #J: ~_. .... ~ ..~:~~ ~lX~~' .l~ . .i'l. 3010 NORTH f10llSnSlIOa URIVIl. sunu 270 NAPLES, FUJRIO^ HUM Ph (941)64'.1109 P"(94IJ~'.70S6 LO Nil.; 6~52 FilE NAME 01-0015SK1028 SII[[T 1 OF EXHIBIT A ~ LEGAL DESCRIPTION fOR PARCEL 102B BEING PART OF SECTION 20, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUN1Y, 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 26, A DISTANCE Of 633,27 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 (COUN1Y ROAD 31) AS RECORDED IN OFFICiAl RECORDS BOOK 120, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA AND BEING THE POINT OF BEGINNING . THENCE LEAVING THE SAID WESTERLY RIGHT-OF-WAY, CONTINUE N,89'31'18"W., A DISTANCE OF 15.00 FEET; THENCE 65,00 FEET WESTERLY ANO PARALLEL TO THE SAID EAST LINE, N.00'28'42"E., A DISTANCE OF 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 (COUN1Y ROAD 886), AS RECORDED IN OFFICIAL RECORDS BOOK 2194, PAGE 583 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, 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 4.95 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 .cHORO WHICH BEARS S.44'59'05"E., A DISTANCE OF 58,21 FEET, TO THE SAID WESTERLY RIGHT -OF-WAY; THENCE ALONG THE SAID WESTERLY RIGHT -OF-WAY, S.OO'28'42"W., A DISTANCE OF 44.16 FEET, TO THE POINT OF BEGINNING; . CONTAINING 1,625 SQUARE, FEET, MORE OR LESS. '. EXHIBIT ..a. Page~ 01--1.1- PARCEL 102B COLLIER COUNTY, JOB NUMBER 0\ -0015.15 INDEX NO.' FEE SIMPlE INTEREST ~1Il(t.., .1:-1.. "" 1<'l. 1050 NORTH HOIlSIlSIIO! onIVR, SUITP. 270 NArLllS, FLORIDA 34104 Ph.{!MI)6-49-15C19 PIUl(941)649.1056 LB No.: 6952 FILE NAM E SH En 01-0015SK102B 2 OF 2 I .'.~q- ..,-;~ : -J; .:::.:~; ,} c~ ~~_1 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR. COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH At DESCRIPTION POINT OF COMMENCEMENT EAST 1/4 COR. SEe, 26 OO+60l ROW PER OR 145/95 =-----t"_ 106+51. 49 II SURVEY - -I- -1- L1 OOHOI U1 uJ l.LI I- U1 ::> er'<t LINE TABLE 1-0 ...JO LINE BEARING LENGTH ::>~ 0'-. Ll SOO'28'42"W 546.81 erN o.r') L2 S89'33'08'W 31030 U1:? L3 S89'33'08'W 250.46 Oda:: L4 N79"18'11 "w 62.08 )-0 L5 S89' 33'08''W 206.00 a:: 0 L6 N89' 43'25"W 3459 z L7 SS5'4717"W 37.12 )- ':C L8 589' 33'OS"W 6.38 ;i L9 SOO'26'52"E 600 0 Ll0 S89' 33'08"W 176.00 I- z L11 N83'19'28"W 88.70 ~ L12 N89'33'OS"E 1256 113 S87'27' 40"E 95.96 114 N89'33'08"E 155.63 GENERAL NOTlS: ROW . mCl-tT or WAY on ." omCtAl RECORDS BOOK SEC. .. SEenOH I - BASELINE c: ~+- ~ I I BEMWGS ME BASED ON NORTH AMERICAN DATU'" (M,A..t).) 1988-1"0 AOJusnfENT STATE PlNtl[ COORDINATE SY5TEU (GRID) FOR FLORIO.. EAST lONE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY ~ ... ,.. ~ '" EXHIBIT A IDA f.~..f AIPRORT -PULLING ROAD -I I I -+- I oo+rOL oo+ZOL 00+101 I ROW PER O.R. BOOK _ _ :r::r:- _ - .. ~ ~- ~ ~ I ~II ~ 8 tt: I o ~~- I LO~ CO ~ I ~~ II r') ~ I...J ::> 8~- I r ;~I ~8 I ~H- Cl..~ I~ ...J i III III II LO ...J '" '" .... '" '" :L o;!; e/' -I 0.' ~ ~ ~ ~ ~ ~ 11s ~ "! I ...J I:ON: 8 0 r') + _ 0:: .- ,.-.. ~ LiJ .- .1 ;~ ?i1...J L L-I ~I 1~0 GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION fOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS SeAI.E: 1".150' PARCEL l02C COLUER COUNTY, JOB NUMBER 01-001516 FEE SlWILE INTEREST tt: o I~ ~ I~ 75 -= SECTION 25-49-25 SECTION 26-49-25 lD~AG~1D- PROPOSED ADDITION L RIGHT-OF-WAY '<I- --J r~ II II II ~ #. I, '0 FEE SIMPlE INTEREST PARCEL 102C 1,402.4 sq. ft. --==:::::::- :.:: ~ 0. <i..,. Zlll 0<0 0;- Vl'-. wn u-O on D::- 0. D:: <(0 Z ~ U Z 5 ll. EXH BIT~ of~~_ (( 300 .Y'~~/~"~. ROGER. T. ~MAPPER 1 n.ORIDA ,G1STR1 liON CERTJ'i1CATE NO~'O~ S<<l"''''' DATE, 10 - I Lj- ~ 0 . NOT VAlID wmlOUT THE ORIGINAl. SICH~'UR[ . RAISED BOssro SEAl or A ':lORlOA RECISTrnro PROFESSIONAl SURVEYOR ANl> UAPP[R, - -...............7"'0'. u. ....~ :> ~. ~. '.'- R~{ lO,O NORTH HORSES HOB DRlVl!. SUITS 270 NAPLES, FLDRIOA 34104 Ph.(!I41)1I49.ISD9 F..(941)649.7M6 t..B No.: 69.52 FiLE NAME 01-0015SKI02C -.-,..---...... SHEET 1 OF 2 EXHIBIT A LEGAL DESCRIPTION FOR PARCEL 102C BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIOA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE S.OO'28'42"W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 546.81 FEET; THENCE LEAVING THE SAID EAST LINE, S.89'33'D8"W., A DISTANCE OF 310.30 FEET, TO A POINT 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; THENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY, CONTINUE S.89'33'08"W., A DISTANCE OF 250.46 FEET; THENCE N79'18'11"W., A DISTANCE OF 62.08 FEET; THENCE S.89'33'08"W., A DISTANCE OF 206.00 FEET; THENCE N.89'43'25"W., A DISTANCE OF 34.59 FEET, TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY, OF SAlD OFFICIAL RECORDS BOOK 931, PAGE 831, THE FOLLOWING TWO (2) DESCRIBED COURSES, (1) THENCE S.85'47'17"W., A DISTANCE OF 37.12 FEET; (2) THENCE S.89'33'08''W., A DISTANCE OF 6.38 FEET, TO THE POINT OF BEGINNING: THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY OF SAID OFFICIAL RECORDS BOOK 931, PAGE 831, S.00'26'52"E., A DISTANCE OF 6.00 FEET; THENCE S.89' 33'08"W.. A DISTANCE OF 176.00 FEET; THENCE N.83'19'28"W., A DISTANCE OF 88.70 FEET, TO THE NORTHWEST CORNER OF LAND, AS RECORDED IN OFFICIAL RECORDS BOOK 1303, PAGE 1854 OF THE PUBLIC RECORDS OF COLLIER COUNTY, flORIDA; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 120, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.89'33'08"E., A DISTANCE OF 12.56 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY, OF SAID OFFICIAL RECORDS BOOK 953, PAGE 831, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE S.87'27'40"E.. A DISTANCE OF 95.96 FEET; (2) THENCE N.89'33'08"E., A DISTANCE OF 155.63 FEET, TO THE POINT OF BEGINNING; CONTAINING 1,402.4 SQUARE FEET, MORE OR LESS. EXHIBIT A. page-la- of...l.2- BEARINGS ARE BASED ON 1ol01tTI-t """ERICAN DA HAl (NA.D,) 1988-151'::0 AOJuSluENf surE PLANE ~g:~~NAT[ $VSTEU (OntO) fOR fl.ORlOA (AST ,".~..... r SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH .Ie DESCRIPTION ; .::i ~lt~~' .1.:-1.. y" lal. l050 NOR11I1IORSIllIHOE DRIVl!. SUlTll270 NAPLIllI, FLORIDA l41 D4 Ph. (941) 649.1509 F.. (941) 649-7.'. LB No.: .952 FILE NAME 01-0015SK102C i :~~!t:" '-'- -Jl. ;:...::.::: -_'I . C., "'/ c::s: !J~-1 ;."" f I , ~---.-... SHEET 2 OF 2 INDEX NO, 1 0 '1. POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 106+51.49 - - 8 . . ~ II! SURVEY SECTION 25-49-25 - +- - 1- -, SECTION 26-49- 25 L1 oo+eOl 00 !:OL::l IOJ1. PAGE 1710 00+80 , ROW PER OR 145/95 .. 8 . ~ .. '" 8 0 l<: N ~- ~ (f) '" 15 lLJ 0 .. ll. lLJ a. I- '" ~ ....J (f) W <... :::> 0- '" ZIt"l a:... J: 8 QIO 1-0 ~ w~- Vl- Vl"- -,0 00" WI'1 :::>- u-O -.:::::::- LINE TABLE 0'- (X) on a:N Q:- UNE BEARING LENGTH 0.1') 0 ll.(l:: LI SOO'28'42"W 546.81 Vl:::? ~~ <0 Z L2 589' 33'08"W 310,30 old a: a::~ Z .. < S89'33'08"W 2SO.46 >-0 ~ I') U L3 -' a: Z L4 N79'lB'11"W 62.08 a a LS 589' 33'08"W 200.00 z 8 !- Q. >- L6 500'26'S2"E 8.00 :r: -...;'J L7 S89'33'OB"W 84.00 ;i ~ I L8 NOO'26'52''W 6.00 0 I- ~ 'i- 19 N89'33'08"E 5.87 z ~~- -J >- L10 N85'47' 17"E 37.21 -' L11 S89'43'25"E 35.00 1l.'J L12 N '08" 6.00 GENtRAL NOT!:S; ROW . RIGffY or WAY Otl - "'new. "CORDS IlOOI< SEC. - SECTION . - IOAS(UNE ~+- ~ BEARINGS ARE ItAStO ON NORTH AMERICAN 0ATUt.l (NAD.) 19811-1990 AOJU5TW[NT STATE Pl4N( COO1tOtNATE SYSTtN (GRID) FOA n.ORIOA, EAST lONE. SKETCH & DESCRIPTION ONLY NOT. A aOUNDARY SURVEY ffi 0- J: ~ ~ '" " ~ N '" a- ~ ~ I~ '" 0 II< 0 I~ ~ ,'" La TEMPORARY .CONSTRUCTION EASEMENT 8ARCEL 702 I 639.1 1 sq. It. EXHIBIT-B- Pa(le_J _ of.;. 8- -/ o r 3~0 8YROO~~~~. _PER nORlOA :;~:~ CERlIf1CATE NJ.'{2 SIGNINO DATE: 0 NOT VAllO wtTHOUT THE OfOOfNAL ~~Ta.~S[O laSSEn SEAl. or A FLORIDA REGlSTPtED PROf[SSJONAl SUR\l[YOA AND wppm. ~: ".- ,._,~ .~~~ ,( ~. ~ ~ 75 150 FOR: COlliER COUNTY GOVERNMENT BOARD Of COUNTY COf.1MISSIONERS SCALE: 1"-160' GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: TEMPORARY CONSTRUCTION EASEMENT PARCEL 702 COLUER COUNTY, FLORIDA RW{ loSo tIORTH HORsesHOE DRIV1l, SlIm! 270 NAPLI!S. FLORIDA l41Q4 Ph. (941) 649.1109 Fa (941) 64'.10S6 LB No.: 6932 fiLE NAME 01-001SSK702 JOB NUMBER 01-0015.16 SHEET 1 OF 2 LEGAL DESCRIPTlON FOR PARCEL 702 BEING PART OF SECTION 26. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAlD SECTION 26; THENCE S.00'28'42"W. ALONG THE EAST liNE OF THE SOUTHEAST 1 /4 OF SAID SECTION 26, A DISTANCE OF 546.81 FEET; THENCE LEAVING THE SAID EAST LINE, S.89'33'OB"W.. A DISTANCE OF 310.30 FEET, TO A POINT 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; 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 DISTANCE OF 200.00 FEET, TO THE POINT OF BEGINNING; THENCE S.OO'26'52"E., A DISTANCE OF 8,00 FEET; THENCE S.B9'33'08'W.. A DISTANCE OF 84.00 FEET; THENCE N.OO'26'52"W., A DISTANCE OF 6.00 FEET; THENCE N89'33'08"E., A DISTANCE OF 5.87 FEET; THENCE N85'47'17"E., A DISTANCE OF 37.21 FEET; THENCE S89'43'25"E., A DISTANCE OF 3500 FEET; THENCE N89'JJ'09"E.. A DISTANCE OF 6.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 6J9,11 SQUARE FEET, MORE OR LESS. aEUlNQS AM BAlm ON NORTH AWERtCAN OA'UU (N.A.D.) 1 taI-I'1') AOJUSTW(NT STAlE' PlAN[ COORO'N.<TE SYSTEIl (GRill) '011 rtOlltOA EAST lONt:. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH .Ie DESCRIPTION OF, TEMPORARY CONSTRUCTION EASEMENT PARCEL 702 COLUER COUNTY, FLORIDA '. EXHIBIT B p.,.~oi5r R\l{{ JOB NUMBER 01-0015.16 3010 NORtll HORSI!lIHOB DRIVI!, SUll1l 170 HAPLBS, .LOItIDA 141001 Ph. (941) 6411-1509 P.. (9011) 649.7056 La No., 6", FILE NAME 01 0015SK7D2 SHEET 2 OF 2 A '1..: ~;'. ~~'---' I.:) ;~~'.~~ -,.~ . ..=- -~ ~~ j.~-'jQ~ ~:'1 :.... 1 I I I I I I ,. I i ~ I ,. VI VI I~ !I! It I~ ~ ~ I .0 ~ ~ I I~", I lPI 1> t I 0 82+"." N 0 THE SOUTH HAlF SECTION 26-49-25 LYNTON, HYNDRY &: SPROUL TRUSTEES OR 1332/1004 R W PER OR 2064 1157 '+00 I "28+00 I 430+00 4Jl+oo I . I GOLDEN GATE PARKWAY Ii SURVEY I ROW PER OR 2194/5B3 ~ i I I 1 I 432+00 ~ ~ 4' X4' WIDE STREETL I GIH EASEM PARCtL 802A 16 'q. It. SEE DETAIL ;"A" ) POINCIANNA PROFFC:SSIONAL PARK OR 1 303/1 854 ;oU o I~ 8 , l~ ~ II~ 8 I ,~~ '" n )) II -- -=:::... ~ CITY OF NAPI.ES I WATER UTILITY ESMT OR 15.66/462 DETAIL Il6 "AU r- r- fJl l.H LL4~ BEARINGS ARt BASED ON NORrH AMERICAN OATUM (N.A.O.) lVQ-1U90 AOJUSUIENT STATE PLANE CooROl""T[ SYSTOi (GRID) FOR FlORIOA [ASI 201<[. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 75 150 .~ !. I '.- g + ~ g 1'8 l@ ~j~ ~:I G'l ;.: I ::0 '" ... ~ ~ ~ V10~ ~ 8 I ~ T - 1'= T N L Y UNE OF THE SOUTH HALF SECTION 25 9- POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 4JJ+ 4J4+oo ::g t W@E 1 GENERAL NOTE IJ. - BASELINE o ... + Ul ... " "I ~ ~ o :<> LINE TABLE BEARING SOO'28' 42"W N89'.11 '18"W S04'24'O'''W N89'J1'18"W N04"24'01"E S89'31'18"E LINE L1 L2 U L4 L5 L6" LENGTH 72642 54.04 4.01 4.0' 4.01 4.01 . .::::J :Oi. EXHIBIT ~ page-3-. of-Z... BY Roo'f? ~~Q~ SU~~~~1l FLORIDA REGlSTR4TIOH (:rRTlftCl\TE N9. :)702 SIONING 04TE' I _ ('Z . ().ll- NOT VAllO WHHQln TIrE ORIGINAL SIGN41UR( I: AAtSE:O f.IrolROSSf:D SEAl. or It. Fl.ORIOA RECISTERED PROFESSIONAl. SUav(YOR ANO M,\f1'pt'R SCALE, 1".150' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 300 J ,.....---.-........-.... I ::7 GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION PARCEL 602A COLLIER COUNTY, FLORIDA -:.7~ -J~,; -:10' ::. ......: 1?1I~~' J:\. ", 1nl. ,ala NORTllllonSHSHOB llnlVI~ surru 270 NAPLltS, PLORIDA )411)4 Ph. (9"1) 6119~l5lX1 Fu (lJ"I)64y..70~6 1.0No.:ti9$2 filE NAME 01-OOI5SK802A -~-_. JOB NUMBER 01-0015.18 SHEET 1 Of 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 S.00'28' 42"W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, 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 SA1D WEST RIGHT-OF-WAY, S.04'24'01"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 1 6,00 SQUARE FEET, MORE OR LESS. :". EXHIBIT _ ~-' PeQe_ ~ _ of_<L SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH .Ie DESCRIPTION PARCEL B02A COLLIER COUNTY, FLORIDA ~n~"< .1.:-1 "" 1"l. lUlO NORm HORSIlSHOr. DRIVP.. sum! 210 NAPLES, Fr.oRIOA )4104 PlL (~I) 1\oI9.1S09 P.. (1141) "'-10l6 LD No.: 6952 FILE NAME SHEET 01-0015SK602A 2 OF 2 JOB NUMBER 01-0015.18 INDEX ~O.; ';. .:d. , ~ · ,Jj: .~ " r~- r?~ Ih'-':~ !'''''''J^' I c. '-. "-J' ili ':;:"'.J i__f THE SOVTH HAlf: SECTION 26-49-2~ I I~ :f; l"ll I; ~ ~ ~ 1::0 I -i@ ~ ~~ ~II !~ ~I C) >: I ;u'" "'"~-;;, ~ lJl C 01 g I r I T N L Y LINE or THE SOUTH HAlr SE j POINT OF COMMENCEMENT EAST 1 / ~ COR. SEC. 26 B+oo 1 42D+00 I 430+00 431+00 I - I GOLDEN GATE PARKWAY 'SURVEY I ROW PER pR 2194/583_ 8 ~ r ~ - I~ '" : I Hi '" Cl I g - " I ,;; W PER OR: 2064 1157 LYNTON, HYNDRY '" SPROUL TRUSTEES OR 1 JJ2/ 1 004 4JHoo ) 4' X 4' WIDE S EETLIGHT E.ASEMENT PARCEL 8028 16 Bq. It. SEE 'DETAIL ";A" EAST LINE OF THE SOUTHEAST 1/4 t W~E r ~ ~ POINCIANN... PROf'FESSlONAl PARK OR IJ03/1854 ~ n )) II -- -==- -=:lJ o '" r 01 r u I I I i I ;ll I " In '" /= ~Ii I ~ f f 26 25 ~PI I c 82+81.81 ::::J LINE L1 L2 1.3 L4 L5 L6 " LINE TABLE BEARING - lCNG1'i=1 SOO'28' 42"W 866.49 N89'31'lB"W 62.00 SOO'2B'4 "w 4.00 N89'31'18"W 4.00 NOO'28'42"( 4'.00 589'31'18"E 4.00 ~ :'/'. "An rrA1L I r l6 EXHIBIT. f3~ Pege...-S:, 01--8- BEAAWGS ME BASED ON HORTH AU[AICAt4 DAlu", (N.....O.) 1IliB8-IQgn ADJuSTMENT STAT[ PlAN[ COORIlIN.\n SYSn~ (GllIO) FO. flO..,. EASl lOO<f. fOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISS:ONERS SCALE: ]"-150' C\~- 300 1N.&:O"i~f[S~::;:;;:YO:: ......."'. ......, Fl0RIOA ;Rr~TRATION CElfllJ1CAll NO. 5/02 SKlIoINO OAT[ I - /'2. - (> .it NOT VAliD wrTWOUT THE ONICINAl SICNAll1At ... ItAtSF.D EMUtlSSE:U SeN. or .. FtORIDA REClSTEREO PROf'tSSIONAl SUIMYOR AND MAlJI'm I I.'":.' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o r 7~ 1M GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH .Ie DESCRIPTION PARCEL 802B COLLIER COUNTY, FLORIDA R~~{' =:,.]~ - ',((. '. - -- , : ~... . _. . ,'i(ie: I::: !~ JOB NUMBER 01-0015.18 lUlU NORTH HORSESHOE DRIVE, SUn1l2lU NAPLOS, FLOllIDAJ4104 Ph. (941) 649-llO\l 1'.. (\141) 649.7DS6 1..[1 No.: 6951 FII.E NAME 01-0015SKB02B _...-.-.~ SHEET 1 OF 2 lOA LEGAL DESCRIPTION FOR PARCEL S02B 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.OO'28'42"W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 866.49 FEET; THENCE LEAVING THE SAID EAST LINE, N.89'31'lS"W., A DISTANCE OF 62.00 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICAIL RECORDS BOOK 1031, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT pF BEGINNING; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.00'28'42'W., A DISTANCE OF 4.00 FEET; THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N.S9'31'lS"W., A DISTANCE OF 4.00 FEET; 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 AND BEING THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. :" EXHIBIT ~ page-iL 0'-$_ SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH .Ie DESCRIPTION PARCEL 8D2B COLUER COUNTY, FLORIDA 1?JXMN' .l.:-l "y 1"1. lUIO NORm HORSl!SllOe DRIVIl, sunil 270 NAPLES, fLORIOA H 104 Ph. (9411 ~9-1109 Pox (9'1'~9-7016 UJ No.: 69S2 I DATE I DRAWN BY I FILE NAME -, SHEET 12-20-03 REC 01'-0015SKB02ElI 2 OF 2 JOB NUMBER 01-0015.18 INDEX NO.: I REVISION TSECTlON I TOWNSHIP I RANGE I SCAl.E 26 49 25 NONl '. , "4 '~',j~ ~... -~>; ._._~. (.~ ~i, -':; o SOUTH HAlF SECTION 26-49 2~ LYNTON. fNNORY '" SPROUL TRUSTEES OR 1332/1004 W R 2064 1'57 !+OO I "21+00 I 430"'00 4.11+00 432+00 , "' GOLDEN GATE PARKWAY ROW PER OR 2194/583 I r I I J1 ~ 1 0 I ~ e I -1>0 + ;ll I U1 :,.. II~ " II~ 8 !: II'~ ~ .. - 1; '" . :.:::::-... ~~ I I I I I I I I I I I I I , I I I I 1;, )OtNCIANNA PROf1'ESSIONAL PARK OR 1303/1854 CITY OF; NAPLES WATER UTILITY ESMT OR 1586/462 ,~EfrLl) GtiT "i!9fsE II PARCEL 802C 16 sq. It. )) SEE..2,~TAIL II :... -==- ~ rA~Jl I; IIi I o ~ ~ ~ J.. ~ .. .. , , t;l :ll r c; ,\.11 I~ ~~ ~ ~" 25 L L4U 8EARINCS M( BASED ON NOItT'H AMEIKCAN MTUM (N.A.O.) 18U-IP!JQ ADJUS1\4ENT srATE Pl.AH[ COORDINATE 5YST[M (ORlO) FOO FlOlllllO EAST ZONe. SKETCH &< DESCRIPTION ONLY NOT A BOUNDARY SURVEY 76 160 SCALE; 1".160' FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPRO~EMENTS SKETCH & DESCRIPTION PARCEL 602C COLLIER COUNTY, FLORIDA ,~ ,.. "r~.' ~ ~~. N LY LINE Of THE SOUTH NALf SECTION 25-49-25_ _ POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 4JO+OO GENERAL NOTE Q - BASELINE t W@E f EAST LINE Of' THE SOUTHEAST 1/4 :::::J LINE 11 L2 L3 L4 LS l6' l.ENG~ 1006.50 62.00 4.00 4:00- 4.00 4.00 + EXHIBIT _ ~ p....... ? _ o'..lL 82+81.81 ~ ('-+1-.--. 300 BY~KoO}.'L-""_ _- ,-~_"'---__. ROO(R G. tClRTER, 'prron:sS&ONAl SURVEYOR '" NAPPt::R I FlOll1OA R[lllSIRATlOH cromCAT( NO'J.~/02 $ICNJO<G DATE, I -- ,-l -. 1.:.> ...."1- HOT VAliD WffHQU1 TIfE omolNAt. SICN^lUR( Ie IWSEU U.OOSS(O stAt. Of " FlORIDA R(GISTEtl[O PROfT.SSJOMr\L SUR\I('(OA! AND J.WIPER. ~ V"'" i> /lS; ... ^ -~~ ...,. "-, 1?n~'" .1.:-1. "" 1<'l. l050 NORm HORSBSHon ORIVfl, StllTU 170 NAPLES, Fl..OnlOiI l4104 Ph. 1941) 649-1l09 f.. ('141) 649- T056 I.B No.; 6'JS2 FILE ~AME 01 --0015SK602C .l JOB NUMBER 01-0015.16 SHeET 1 01" .....J~_.1 lOA 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 S,OO'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 62.00 FEET, TO A 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.00'28'42"W., A DISTANCE OF 4.00 FEET; THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N,89'31'18"W., A DISTANCE OF 4.00 FEET; THENCE N.00'28' 42"E"A DISTANCE OF 4,00 FEET; THENCE S.89' 31 '18"E., 'A DISTANCE or 4,00 FEET, TO THE SAID WEST RIGHT-OF-WAY AND BEING THE POINT OF BEGINNING, CONTAINING 16,00 SQUARE FEET, MORE OR LESS. ;"". EXHIBIT B page-L Of Q SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMUISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION PARCEL aoze COLUER COUNTY, FLORIDA JOB NUMBER I REVISION ISECTiON1TOWNSHIP I RANGE jSCALE 01'-0015.18 26 49 25 NONE INOEX NO.: ~lX~~' J.cl. "" i'1. 3010 NORnllfORS\llIHOO ORIVI\, SUITO 270 NAPLBS. PLORIDA ]fIlM P..(5I4')649.\j09 ,..(1141)649.7056 LD No.: 6952 I DATE I DRAWN BY I FilE NAME T SHEU 12-20-03 REC 01-0015SKB02C 2 Of ") ,-- ~ . i !~:.~j ~ . c' 'ti'l ~..", -~ :~=...t ~f :::a:~ ~ _1 lOA ~ f , PROJECT: 60006 PARCEL Nos,: 601, 801A, 801 B & 801 C FOLIO NO,: Portions of 20765322702 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2004, by and between THE HAlSTATT PARTNERSHIP, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, FL 34105-3227,(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a Perpetual, Non-exclusive Sidewalk Easement (601), and three (3) Utility Easements (Parcels 801A, 801 Band 801 C), over, under, upon and across all that part of the lands described in Exhibit "A", which is attached and made a part of this Agreement, (hereinafter referred to as the "Easements"), WHEREAS, Owner desires to convey the Easements 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 Easements; 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 above recitals are true and correct and are made a part of this Agreement. 1, Owner shall convey the Easements to Purchaser for the sum of $2,500,00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easements 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 Easements to Purchaser, including all attorney's fees and all expert witness fees and costs as provided for in Chapter 73, Florida Statutes, The Owner hereby authorizes Purchaser to make payment in the amount of $2,500,00 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation, 2, 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, 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 ~_._-_.. -----. 3ARHml \O! ~I:',I Cl. '1' fiLE t..h""" . I{)~&fl . ,--,",.. -,....--... ....... ....... ~_.. lOA ,,,- 1 Easement Agreement Page 2 County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser, 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 covenants not contained herein, 5, Owner is aware and understands that the "offer" to purchase representeq by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 6, Owner represents that, to the best of its knowledge, 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, 7, Purchaser shall pay for all recording fees for the Easements, and for any and all costs and/or fees associated with securing and 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. 8, 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, 9, 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,) 10. This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS MEOF. the parties hereto have executed this Agreement on this ) t..., day of / , 2004, Date Acquisition Approved by BCC: April 23, 2002, Resolution 2002-203. ~-------, .----\,(-)il--i~;:\\\\\ ell \ \ HI\li, ..' i',I" I ;'. ;~,"\" " \ " IOa'1' Easement Agreement AS TO PURCHASER: DATED:]-d\ ~ d-ObY:- ATTEST:,..., DWIGHI; at'BROCK, Clerk bj . ~,(i,~"::.:":"'~:2'::<~,"\ . - r I ~'.: ',.-:' ,'J ,- . .,- ::. . "" -,,'" .' -'. .' :.~>.M1iit.,.t ' ;~ . f .. '''.': ~. .~~,..,' ,~~,. ..(;.,..../Dt.' '!-'V ".' '. . .,." 1'1'0." AS TO OWNER: DATED: '1!/~/of Signed, sealed and delivered in the presence of: ~4dp8Y- ignatur SUSAN J. NS.SON Printed Name IJ/i~t{) aJf~cJh Signature GAIL W, ANDERSON Printed Name ,t. 10A....~ .J:>! Page 3 BOARD OF COUNTY COMMISSIONERS COLLI[lE OUNTY, FLOfID: ~ $-d.~ BY: Donna Fiala, Chairman A7/2S (\1~J ,. Assistant County Attorney Ellen T. Chadwell THE HALSTATT PARTNERSHIP, a Florida general partnership f:' ARINELLI, Chief Executive Officer -";3'~~" . ~.'IIliI'" " ..... . t..,. 0; .= '" ..;.l\'. ~5-~ -DLf ::.J-.al.:1Lt{- ~~~n _.__.~.~.--_.'-'-"-.. 'C- 1l(.'Hi~;;N (;1':[1 ,j '.~ .il '\' fnf t:lH'i.La l~ ._!e~~rr.., Easement Agreement Signed, sealed and delivered in the presence of: Printed Name ~~ .u.....)I?..Lt~-P....J gnature SANDRA P. THOMAS Printed Name lOA . , Page 4 THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1 , 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. ' , SPROUL, as Trus ee for Juliet C. 'estamentary Trust, a General Partner -----.---1 \'&^.[;~011\-.D:!i\." '," 1. . ~Il l: IIUt,~l;, l\ '! ___ _.{Q,A~.r--! Easement Agreement Signed, sealed and delivered in the presence of: "- SUSAN J. NasoN Printed Name ~ .. '" ~ .. y2., -1-/0-,-'-' · ,J Sl ature SANDRA P. THOMAS Printed Name lOA '"t'" Y Page 5 THE HALSTATT PARTNERSHIP, a Florida general partnership By: JULIET A. SPROUL, and JENNIFER S, SULLIVAN as TRUSTEES for the JULIET C, SPROUL TRUST, under the Will of Barron Collier, Jr" deceased, and as confirmed by Change of Trustees dated January 1 , 2002, and filed March 5, 2002, in Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a Partner. . By Q&0tt/lA_) JEN I ER S, ULLlVAN, as Trustee for Juliet C, Sproul Testamentary Trust, a General Partner Approved as to form and legal sufficiency: k fSl-t?.L,~ Ellen T. Chadwell Assistant County Attorney . --.- .----, rl~B~R.\;ij-(i:-':-.\ IC,': l:C, \ d\j; th..;:.ll.',l:\\ fQ~~ f--" HALSTATT PARTNERSHIP STRAP NO. 492525 001.0004A25 OR '428/1348 'j. ./ \\1'> / %b~1 /' 'j.Q) ",-" 0 I'll . :01>,0 I'- /' . _.-/ ~.<1' }'\{:;.~ ~ ------ .' ~. \ ~ ~ 0~ ~ '. ~ .~~."" ,-;1 \ . ,\ \~ 430+00 431+00 432+00 4JJ+Oq 4.14+00 43~+OO ___ . ~a~~()b~ GOL~EN GATE 'pARKWAY I i SURVEY I" I I ~S 'll ~~~y ~ I '-PI 104+5147 __------ /I'-J./ '+ + ~- ----- ~~ ~ I ! I .______~ 8: I I I ,,,:",rr ;; 1 11 ~ BASElINE ~ I i I EXHIBIT A :PrT-i " 81 'I' + I I ~ III - FPL EASEMENT I \ ~ ~ \ OR 1061-294 \ ~ ~~ 1\ ~:~::~~~~s~ve ~ Sidewalk Easement I Parcel 601 \ 2,040.5 sq. ft. LS 1 <V ...J g \ ; LYNTON. HYNORY 01< SPROUL TRUSTEES OR 1332/1004 Ai \ 0 :< ] Ai ~I I -0.\ \ "' '" I I PT 112+74.82 FPL EASEMENr OR 1061-294 UNITED TELEPHONE ESMT --.... \ \ OR 798-1515 "t- In II I =T~ " '"' """'""""""-,.-",-,, ; I. I -- II~- )11 r, /I~ ----- '-" oi) '-" ~f ) y" RO~ PE~:...Q!i 2064711 sI ---1 ;tJ t,] r6) 0 :;i )> '"I , i.:J-. 8"" I;'i? ~ 1 0 - I ~ lI1 T LYNTON, HYNDRY 01< SPROUL TRUSTEES OR '332/'004 428+00 I 042V+OO I ,=c:;;'''. "" '" ""/'.':\1 BEARINGS ARE BASED ON NORIH AUERICAN DATU"'" (N.AO) 1988-l'II91) ADJUSTMENT STATE PLANE. COORDI~lE SYSTEW (GRID) FOR fLORIOA (A51 20NE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 75 150 SCALE. 1"'-150' FOR' COLLIER COUNTY GOVERNMENT BOARD OF COUNIY COMMISSiONll<S GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION PARCEL 601 COLLIER COUNTY, FLORIDA . :~ EAST LINE OF THE NORTHEAST 1/4 i ~ ,..--.---", w ~~.U&9- E "'~i7 r PC 11.3+66.31 LINE L1 c2 U L4 L5 L6 L7 L8 LINE T ABLE____ l3EARtNG TlENGTH I .---- N01'09 'o}"w .,72.01 S88'50':',3"W ---i9:"23--- S84'14'42"W ----2.C?!i.!.._ .. .t:N5'33'55"W .:.?:.?_~ N84 '55' 55"[_.12.'22.__ 505'10'54"[ ?2.95 S1J~Ot,'L\"F.' 9;;~'-4-" -S05'4?"02-';W": "11:G~- 1 10' WIDE FPL EASEMENT OR 185/845 N LY LINE OF THE SOUTH H';'LFSECTION25-~49-25 POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 EXHIBIT ..A.. '...-1- of~ (k? (J. -(t- . uV, K (r~/\._.__ '.. -......-- -- ROGER G. t ifR, Plwr[SSIONI\L SlJRV(YOl~ 0\ MAPP[I~ fl.QR1DA Rf ,.ISTR^TJDN CD~"nCME lO- 5/01 SIGNING D"L I .- ( L . (l'I-' NOT VALID WUHOJT TUE ORIGINoll SiGNATURE do: I~NSEO t.MUO~i~ir.n !if A.I Of A nORI04 R[GISTEHED PRorrSSIONAL SUlM:"'OR AND t.4N"PEI~ 300 .-_~'...- ----> -:.,~ -; ~i ~. .() ......... ~lI~M .l\. "" J"l ]050 NORlll HORSESHOE OR[VF~ SUITE 21U NAPLES, FLORIDA )4104 Ph,(9"1)649.ISlJl) Pllll(941)649-7056 UJNa (,lJn JOB NUMBER 01-0015.18 SllfLT I OF FILE NAME 01-001~SI<J()1 EXHIBIT A lEGAL DESCRIPTION FOR PARCEL 601 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 N.01'09'07"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.BB'50'53"W, A DISTANCE OF 79.23 tEET, TO THE POINT OF BEGINNING; THENCE S.B4'14'42"W., A DISTANCE OF 20.61 FEET; THENCE N,05'33'55"W., A DISTANCE OF 125.87 FEET; THENCE N.B4'55'55"E, A DISTANCE OF 11.00 FEET, TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 953, 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 S.05'10'54"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, S.05'42'02"W., A DISTANCE OF 11.64 FEET, TO THE POINT OF BEGINNING. CONTAINING 2,040.5 SQUARE FEET, MORE OR LESS EXHIBIT ..L P8~..2- of,.L SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMFt-.T BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PAHKWAY IMPHOVEMENTS SKETCH & DESCHIPTION PARCEL ~Ol COLUER COUNTY, FLOHIIlA ~1I~'~ ~~ "" Ii. 30'0 NORTH HORSESHOE OItIVH. SUITE 27U NAPLES, fLORIOA ]41114 rho (941) 649-ISltl) PM (1)41) 64lJ-70% LTJ No (iIJS2 FILE ~~AME 01-0015SK70 I JOB NUMBEfl 01-001518 It.DEX ND SHEEr 2 OF f ,~...,----. , I ,. '~.:~~ ~ .~ .' ,~~~: I:.~ O' --, '- : ~ " ----'--.J HALSTATT PARTNERSHIP STRAP NO. 492525 001.0004A25 OR 1428/1348 . '1 /,/ \,0 /. \>"1/, 1,,0 '?\.'?- ./ <:1> \l.y O")~.~, / ./ .<:1> . ~'-\/_ 0)1 101" \\ ~)V 0c,~ 4)6,00 "1-c."~-] i, \u' /\." r \ . ",0'" ,\1-/ '10'" \"~Y;'\.'" PI 104+51.47 ~/ F"=r.=-=~- -----~/ I 1 ---- I:ERAL NOTE I ~ = BASELINE EXHIBIT A 1.5 4' X 4' WIDE UTILITY EASEMENT PARCEL 801 A ---1--- '6 sq. ft. "'1 SEt: DETAIL U~I L6 "A" I 8 II .t. ROW PEn OR 953/828 -- 1:: l I H: II I c:] 8 -~ \ ~ \ FPL EASEMENT I' OR ]061-294 \ ~:>fl . r \ I r r ~L I' Lu I J ~_.- ~ II 8 + .. 1\ 8 ~ 8 + ~ 1 ~,\ ~ ...... <J) '" FPL EASEMENT OR 1061-294 UN] rED TELEPHONE ESMT'i1l OR 798,]615 1\ LYNTON. HYNDRY & SPROUL TRUSTEES OR 1332/'004 ) LY I OF THE SOUTH HALF SECTION 26-49 25 ~I c "'I ----- . <m ~ ~I ROW PER OR 2064/1 "5] Ul g 8 I JJU~r !a; I + _ U1 I :;: I 8 \0 2 I 4)3+0 LYNTON, HYNDRY & SPRDUL TRUSTEES DR 1332/1 C04 426+00 I 4211+00 I 430+00 4J1+00 I I GOLDEN GATE PARKWAY 4)2+00 434+00 - - -ROW PER OR -=r- - ~ "M'" I I &EJIoRIf'lCS ARE BASED ON NORTH AMERICAN I)Aru... (NAO.) 1988-H19Q AOJUSTl.4[NT STAH: PL....NE COORDINATE SYS1El,oI 'GRID) fOR FLORIDA [AST lONE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 75 150 SCA~E, 1"=150' FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY lMPROVEMENTS SKETCH & DESCRIPTION OF: ~' X 4' WIDE UTILITY EASEMENT PAHCEL BOlA COLLlEH COUNTY, FLOHIDA ~ \ ( I \ I' \ J,) 't ~-' WI~~~E '-i' f EAST L]NE DF THE NORTHEAST 1/4 PC 113+66.31 PT 112+7482 r LINE L1 L2 U L4 L5 1.6 LINE TABLE --.-------- BE^RING LENGTH ~'--- t:!91'O:J:JlT.'!L _Q.~.L9j_ S88'50'5.3"W _.J.Q2.,O:> S88'22'S4"W i:QQ_ NOO '32~Q8"[.J_~_~Q.._. N88'22'54"[ 4.00 , '500'.30' 39"';; -- 4.00'-- I \ J 110' WIDE FPl EASEMENT DR 185/845 .. N'lY UNE OF THE SOUTH HALF SECTIDN 25-49-25 POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 435+00 EXHIBIT ..L Page--L. of,..L ~OO BY Y.(lf7~.,(~ '.. E=!..--=-"*-=- AdGER G. '(I'i. IlR, ~OFfSSIONAl SURVt.VOR '" l.VJ.'pm F10lllOA R[Gr TRATION CERT1FICA.l[ .tlO. S7D2 SICNING OAlE: / _I ;1> l'.)..q... NOT VAliD WlTHOUf HIE Or1ICINAI s'IGNAfVUE It. RAI~r-.D n.mOSSEI.:l S~:^l or A, flOI~II.)A RlCISTF.R[I) f>~OF"ESSION^L ~uf.lvt:Yon ANI) M^Pflfl~ . "j A.,i ':::> :? -,s'.. ~~ja : l;?,1Iil""' .l\. "y };l. ]U'sO NORTH HORSESHOE DIUVF, SUITE 27U NAPLES F'LOIUD^ )41(14 Ph. (941) 641)-150:1 Falt (1J41) MI).711.'i6 LH No.: (,'152 -, JOB NUMBER 01-0015.18 SI-IFf'I Of FIIX ~MME 01--001c,SI<801A EXHIBIT A LEGAL DESCRIPTION FOR PARCEL 801 A BEING PART OF SEC'ION 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 N01'09'07'W., ALONG THE EAST liNE OF THE NORTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 8.37.9.3 FEET; THENCE LEAVING THE SAID EAST LINE, S.88"SO'S.3'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 9S3, PAGE 828 OF THE PUBliC RECORDS OF COLliER COUNTY, FLORIDA AND BEING THE PO:NT OF BEGINNING; THENCE LEAVING THE SAID WEST RIGHT -OF-WAY, S.88'22'54"W., A DISTANCE OF 4.00 FEET; THENCE N,OO' .32'08 "E., A DISTANCE OF 4.00 FEET; THENCE N.88'22'S4"E, A DISTANCE OF 4.00 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 1 6.00 SOUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUN"1Y COMMISSIONERS EXHIBIT ..L Page~ of1- GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF, I' X 4' WIDE UTILITY EASEMENT PARCEL BOlA COLLIER COUNTY, FLOHIDA 1?JX~'~ .1:1. "" 1"l. JOSf) NOR'n1 ~IOIlSE.~IIOrl DRIVr., surrti 27U NAPLES, FWRIOA 34104 Ph.(941)649.IStl9 Jlu,(l;.I41)64Y.70S11 LBo No : 6lJS2 JOB NUMBER 0\-0015 \B I\jOLX '~O. FILE NAME SHI.I. I 01-001~)SK8l)'^ 7. 01:" .. · :'J '-, ~ (i.: -; ~~ ':>' ~ ~~ 1r. .~.o::~,; -"' -,' -:5 LINE TABLE 1_-- LINE I BEARING LeNGTH 11 N01'09'07"W-6Hf,~- ~; ~!~mtf~~.-::~~T.S..'~'?= . ~-~----- -..----- L5 N86'46'5:n'4,g~ L6 SOO'jO'jg"W 4 01 EXHIBIT A DETAil I I 4' X 4' WIDE UTILITY EASEMENT PARCEL 8018 , 6 sq. It. SEE DETAIL "A" I II "AU n PC 113+66.31 L5 ,I S; 1_~Ll3 ~ EAST LINE OF THE NORTHEAST '/ ~ PT 112+7482 ':6\ I \ 1 -0,1 '" '" ;: LYNTON. HYNORY 4< SPROUL TRUSTEES OR 'JJ2/1004 , J It ~ .~ tl~-' W ~ 'c-'~"_ E ......... 'j' f N LY LINE OF THE SOUTH HALF SECT10N 26 110' WIOE FPL EASEMENT OR 18S/84S NW"UNE OF T1j"f' sOUTHliAi.fsfc'T1oN- 25~49 ..2S HALSTATT PARTNERSHIP STRAP NO. 492S25 001.000~A2S OR '428/1 J48 '~ ,/ ,,<> .-/' ()\)., /' Itl'tl ?~%.o<> /' ____.-/' ,)1,0<> i1t~&.OO ~2B+OO I I I., 1@ ~ r-o :Ll;~, ~ . ~~ 8 I Iii, ~ iliJl g ! t I :- 8 <t e I ~JO+OO 431+00 432+00 4J3+0q I I GOLDEN GATE PARKWAY It SURVEY ROW PER OR 2194/583 j i - I I ~ t 4J~+OO POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 LYNTON, HYNORY de SPROUL TRUSTE.ES OR 1 JJ2/' 004 I ""Yj, ROW PER OR 2064 429+00 I 43'+00 PI 104+51.47 --.--- BEARINCS ..-.H[ BAstD ON NORTH AMf RICAN l)ATU". (NAD.) 1988-IQPO ADJlJSTt.AENT SIAT( PLANE COOR04NAT[ SYSTEM (GRID) rOR FLORIDA EAST ZONE. EXHIBIT -A- Page.....s:.. of..L SCALE, J"s150' .., -~ t-' . r,/', v 300 BV, '!: 0'\..(. ( '.'_" 1 ROGlR <("~Amfl(. P110HS510NJI.1 SUR\lf.VOlt & lol.M'PUo/ rlORlI),A, R'EGIS1RAIlON CeRTIFICATE NO 5702 SlCNINC DATE /-/2 _ ,-;?;;L NOT VAllO WITHOUT -rHE ORIGINN_ S.GNAHIRl II. rMlsr:6-ft.lt:lOSSfD Sf^, OF A FLORIDA RECISTEREO PRQFlSSIONAl $lJIMVOR ANO MAPPER -: ..~ ~ "C-' ~ .;:~', -- . SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 75 150 FOR: COlLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTID:--: OF: 4' X 4' WIDE UTILITY EASEMENT PAHCEL BOW COLLIER COUNTY, FLORIDA 1?llZ~'~: .1:1. y" 1"1 3USO N(}RTH HOIISllSIIOE OltIVE. SUITE 27t1 NAPL...s, FLORIOI\ J41U4 Ph. (941)64l)-1~()9 rUll (941)MIJ.1U~6 1.0 Nfl.: (.'):S2 JOB NUMBER 01-00J51/j 'ILl: N^ME 01-00\5S~HO~H ~)Hf:Tj OF EXHIBIT A LEGAL DESCRIPTION FOR PARCEL 801 B 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 N.01'09'OrW, 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.88'50'53"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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING: THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, S.86'46'53"W., A DISTANCE OF 4.01 FEET; THENCE N.00'32'08"E.,A DISTANCE OF 4.01 FEET; THENCE N.86'46'53"E., A DISTANCE OF 4.01 FEET, TO THE SAID WEST RIGHT--OF-WAY; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.00"30'39"W., A DISTANCE OF 4.01 FEET;, TO THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. EXHIBIT -6... Pege-1a.- of.,.L SKETCH & DESCRIPTION ONLY NOT A 80UNDARY SURVEY f OR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION O~': ,I' X 4' WIDE UTILITY EASEMENT PARCEL /l018 COLLlEH COUNTY, FLORIDA 1?lX~~ .lit " "J"1. 30>0 NORTIi HORSESIlOE DRIVe, SUITE 21" NAPLES, FlORIDA )4104 Ph. (941) 649-1 S09 FI\:II (94\) MtJ-70S6 LBNo.: filJS2 .JOB NUMBER UI -0015.1B INDEX 'JO.: FILE NAME ",lEE"' DI-0015SKHOIB or J....~ I. c6. -~~ ~...~ ~; .~~~! ~:: ;.: ? .-' EXHIBIT A ~~~j -I ~L~' i L L3 LLJ FPL EASEMENT OR 1061-294 Ir;~ I - . \11 ! \'\ ! ~ I I \ 4' X 4' WIDE UTILITY EASEMENT PARCEL B01C 16 sq. fl. SEE DETAIL "A" _1-2 LYNTON, rlYNORY ok SPROUL TRUSTEES OR 1332/1004 rPL EASEMENT _______ \ OR 106' -294 \ UNITED TELEPHONE ESMT_____ \ \ OR 798-1615 \~ \ ~ 1 ~\ \ CUR~ TABLE CURVE LENCTH RADIUS DELTA CS Cl 4.00 5791.58 0'02'22' S04'40'28"E 8 + )> ~ I~ l~ ~~ .1; . " "- '" VI 0 '" ~ "U I (") i !l I T 4JJ+O I 4J4+00 liNE OF THE SOUTH HALF SECTION 26-49-25 LYNTON, HYNORY ok SPROUL TRUSTEES OR 1332/1C04 ROW ?ER DR 2064 1157 428....00 I 4251+00 430+00 4.11+00 I I GOLDEN GATE PARKWAY 432+00 18. SURVEY 8 I ~ r I I ~ 1 e I - - -ROW -=,-=-- - ~ '" " ''''1'''.1 OEARINGS ARE BASED ON NORm At.lERtCAN DATuU (N_A.D.) 1988-,ggO ADJUSTMENT STATE PLAN[ COOROINAoT( SYSTEw (GRID) FOR FlORIOA EAST ZONe. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY o 75 150 ~- SCA1.E, I "~IM' FOR: COLLIER COUNTY GOVERNMOH BOARD OF COUNTY COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & Dt;SCHIPTION OF': 4' X 4' WIDE UTILITY EASEMENT PARCEL aOlC COLLIEH COUNTY, nORlDA ,\ I 1\ 1 PC 113+66.31 EAST LINE OF THE NORTH EAST 1 /4 PT 112+7482 ~I LINE L1 L2 L3 L4 L5 LINE T AtlLE EJE:ARING .t'I01'09'OZ'Yi S88'50'5.:l'~ S85'22'S2"W N04'39'14"W N8S'22'S2"E LENGTH 5.34.30 -------- 100.93 ---- 4.00 4.00 ----...--- 400 I \ I 110' WIDE rPL EASEMENT OR 185/845 N'LY liNE OF THE SDUTH-HALr SECTIONz5=49''':i5 POINT OF COMMENCEMENT EAST 1/4 COR. SEC. 26 EXHIBIT ....8- Page.--..2- of..L ,-----~ ,~ . C~) -t... BY' i"-.... O":\-t",,-.. C".__ __' .. 'ROOEA' G. c4hTEft PRQfF:SSION...... SUAVF:Vorf &: l.iAP"(ll FLORIDA REGISTAI\TION CE/?llfICATE NO, 5'/02 SIGNING ""<. I -I 2. C' 4- NOT VAliD WITHOuT T~r ORICINAL SIGNMURE "" IMISEO nmOSSEQ SEAL m A rLORIDA REGIsteRED PROfESSIONAL SURVE'1'or~ ANI) ~APPER ) :.:; 300 I :'_,.i A. '~~>l: -'- 'lJ ; __' r'\ : --.~.l - "" ~1IU""' .1:1. "".1< 1. JO,SU HORTll ~10RSG.SHOE. OltlV[!, SUITE 2711 NAI'Li::S, FLORID^ 34104 Ph.(\I41)649-15(1lJ Frtll(941)M!.'-10!i6 1.0 No.: 0952 JOB NUMBER 01-0015.18 FILE NM.AE O'-()OI:JSK801C EXHIBIT A A lEGAL DESCRIPTION FOR PARCEL 801 C 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 N.01'09'07"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'53"W., A DISTANCE OF 1 00.93 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, S.85'22'52"W., A DISTANCE OF 4.00 FEET; THENCE N.04'39'14"W., A DISTANCE OF 4.00 FEET; THENCE N.85'22'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 S.04'40'28"E., A DISTANCE OF 4.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR lESS. EXHIBIT ..L Page..L of.,L : ~:; :,-c::^; ; '=~ ;~~ ..... I-=!' ." ::>o! ;:::.~~; '-,...." I '.. '- c.:)_, ~. i 0:: rl I~ --' , a:. : ( , SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOV[RNMENT BOARD OF COUNTY COMMISSIONERS JOB NUMBER 01-001518 1?lX~'~ .l\. "" 1<;l. JUlU NORm HORSIlSIIO~. DRIVE. SUlTE27U NAPLfiS, FUJRIO^ )4104 Ph. (941) M9-ISU9 Fn~ (941) (149~70Sb LIl No.: 69~2 FILE NAME SHeET 01-0015SKB01C /. OF 2 GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION 01": ~. X 4' WIDE UTILITY EASEMENT PARCEL BOIC COLLIER COUNTY, FLORIDA INDEX NO. ~-.; CONSERVATION COLLIER Tax Identification Number: 00166680102 108 .,~.:,. ~ ,'. . if',' 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. 1 CONSERVATION COLLIER Tax Identification Number: 00166680102 108---' ,> 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 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 use its best efforts to make such title good and marketable, In the event Seller is unable to cure 2 " CONSERVATION COLLIER "1;, Tax Identification Number: 00166680102 1 n B : _ said objections within said time period, Purchaser, by pro~nb"wntten 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 20D3 taxes, and shall be paid by Seller, 3 CONSERVATION COLLIER Tax Identification Number: 00166680102 108 J .j '.. 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 natu re, 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. 10,015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 4 CONSERVATION COLLIER Tax Identification Number: 00166680102 lOB ~I 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 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 5 CONSERVATION COLLIER Tax Identification Number: 00166680102 .,. 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, lOB 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 and/or 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: George & Virginia C, Visnich 429 Ridge Ct Naples, FL 34108-2602 Telephone number: Fax number: . . With a copy' to: 0 John Aycock ReaL ~h9f-€- 1Je; (;J.~ John R, Wood Realtors ~ G e C1 ('I e 1- V, ;?'v'97255 Tamiami Trail North V I .s./V; cf4. Lt. c.. Naples, FL 34108 Cs-. ..) Telephone number: 239-659-6146 I I 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 CONSERVATION COLLIER Tax Identification Number: 00166680102 lOB '~, 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 general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 7 CONSERVATION COLLIER Tax Identification Number: 00166680102 1 n Q 13,10 This Agreement is governed and construed in accordance with the twVof-' -- ~ 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: t/~t ATTEST: D,WiGfitt:' E'.:B,ROCK, Clerk , , BOARD OF COUNTY COMMISSIONERS COLLIER C~7rTY, FLORIDA _ BY: ~~ d-<<-'- DONN~ FIALA, CHAIRMAN DATED:" WITNESSES: r A % '// ~,~~(C:~~~~ GEOR VISNICH C IV- ~gnature) .. i-tA-~ \ 8"<; fE. C (H' ~ / N (ift ~ ,S (L (Printed Name) , ~A .'7 /' \ :) ., /l /. '>~ia./ C. {~Ll ,~ VI INIA C, VISNICH ltem# ~# ! ~,~~~da f>!41 Approved as to form and legal sufficiency: ..~ L "'. .; j~ ~_.~~(~ . DG;TtJt)'J; fK k~~ Ellen T, Chadwell Assistant County Attorney 8 . ' . 108 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 (114) OF THE NORTHWEST QUARTER (114) 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, lOE Collier County Transportation Division Engineering and Construction Management Department Right-of- Way Office MEMORANDUM 'l__, .":i'"l' ~\>>':"" ill DA TE: May 21,2004 TO: Sue Filson, Executive Manager, BCC FROM: Paul F. Young, Property Acquisition Specialist RE: Purchase Agreement for Pond site 4 Per our discussion, attached is the Purchase Agreement for Pond Site No, 4 that relates to item lOE on the agenda for Tuesday, Thanks. ~~~ Paul. (239) 213-5884 c u ~. ( Ti'f'l f C c I) u- 11 t y - ~". lOE 4 PROJECT: PARCEL No FOLIO NO, 65061 134 / 834 (Pond Site No.4) 00203920000 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ).{"J\ day of ~'\ ' 2004, by and between A.R.M. DEVELOPMENT CORP. OF S. W. FLORIDA, INC., a Florida corporation, its successors and assigns (hereinafter referred to as "Owner"), whose mailing address is 8224 lmmokalee 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) Stormwater 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-B," 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 development costs incurred Agreement DE '.~l~ pag~- ~ .11 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 (Le, 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 "8-8" and shall also construct that portion of the driveway between Lines "8-8" 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 "8-8" and "C-C" (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 lOE :~' 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 permitted 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 and/or 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 berm 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 Agreement Page 4 IDE . 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 underlying 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 underlying 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 underlying the Property or the Rights-of-Way; b) any existing or threatened environmental lien against the property underlying 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 underlying 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 underlying 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, Agreement Page 5 IDE ;" 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 permanent 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 determined 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 ~'f"~ day of fY''1 ,20~, Date Easement acquisitions approved by BCC: October 28, 2003, Resolution No, 2003-372, Item 16B5, AS TO PURCHASER: DATED: .1>tfql AT.'TE,St!)). ['1 ~.~. .1 QWI~IfT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~d~ .' "~' ep Clerk A. tcest:Ji:\tiJ"ChI fr8a.. S1gna-tur,t ~1.J. AS TO/OWNER: DATED: 0'/14/04 . BY: Donna ~1!s~~~ Name: GI A/~ .If UlfEF;t./' (Print or Type) (3~ itness (Signature) / Name: -rC'a...-J E, 6ev~~^ (Print or Type) By: eV ~ICC R.o..-{\' Ovadia R. Elias, President A.R.M, DEVELOPMENT S,W, FLORIDA Item# /tJE Approved as to form and legal sufficiency: /l.genda ..J~""-; , ;'.... '"l.. I .j.;i~ J (;/ I De:,) _~r~. ~ P('~c'd ~~ m.~ Deputy ;erk hid f- It ~a..- Ellen T, Chadwell Assistant County Attorney EXHIBIT 1 ~JPE\ Page 1 of Z ~ I q I a::: 0 n \ 0 ..... '--" ..... I ll) 0'1 0 a::: a::; -1 <.> <( z <( <.> P,O,B. ..... ll) 0'1 South 1/2 of the South 1/2 the Southeast 1/4 of the Northeast 1/4 of Section 34 WOLF ROAD ~CCUPATION)' '~j' ~~ 1 87' ~..,~l. o (.N~ 0.... 'CJ\ o - (.NO -.... i N89'51'33"W 75.07' N89'51'33"W 1 00,09' NOTES: 1 . This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C.R, 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. ~I ~ ! :::> 1'1 o (f) t>cow I-::::>~ :..J.....Io.. ffit> ffi ci o 1'1 Z ai ~ a: P,O.C, I East 1/4 Corner of Section 34, I Towns~ip 48 South, Range 26 East CURVE TABLE CURVE RADIUS 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'll'09"W C17 62.00' T 12'20" 3.47' 1.73' 3.47' N52'59'13"W C18 25.00' 128'28'56" 56.06' 51,81' 45,03' N64'22'30"E :tJ~ J ~ DAVID J, HyATT, p, ,', (FOR THE FIRM) FLORIDA Lie, NO, 5834 3 - tJ...f .- Of (DATE SIGNED) N [- 100 200 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 1 J4B COLLIER COUNTY DEPARTMENT OF TRANSPORTATION Wil.Mille," "",,_." PlannMS Engine.1'6 Et.oIogls(~ Surveyor,~' Landscape Architects >ransportarion Consullants WilsonMiller, Inc. IiJpWI Frxt My.rs. S,rasoIa .8n1d~,/l}Jl '18m/16 3200 B/IiI()y l/IIlo, SuitIJ ~ Neples, Rorida 34H1S-8501. PhOllO 2Jg-64940010 ." 239-643.5716 I1/t1b-SiI' WW". "SOIlfl~IC1.C~11 SKETCH de DESCRIPTION PROJECT NO.: N6015-005-000 Mar 24. 2004 - 13:06:44 ML.AI.IURElX:\SUR\N6015\951ed100,dwg SHEET NUMBER: 48-1 OF 2 400 FILE NO.: 2L -812 EXHIBIT 1 Page Z of 2. lOE -I 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 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 1 00,09 feet to it's intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); Thence continue along said line North 89'51'33" 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 10'46'27" West 18,94 feet to a point 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" subtended by a 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 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 bears North 52'59' 13" West 3,47 feet; Thence North 38'36'58" East 50,10 feet; Thence 56.06 feet along the arc of a non-tangential circular curve concave northwest 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 ofche Northeast 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 VALID WITHOUT SHEET ONE OF TWO PROJECT NO.: 65061 I PARCEL NO, : 1348 W,*Mille,,,.,,",,,_m Plannttrs Englneel'6 EGOloglst.,. SUlveyors' Landscape Architects KansportaUon COIlslIltants WilsonMil/er, Inc. Nap!.. Foo Myers, SaI:lso/a ,B",denll>' I'empa 320IJ 811ifey la"", Suit, 201> Nap/IJS, Arma 34t05-85a/. Phone 239.619-4(\10 "f m.64J5/15 I'Io/J-Sire.WI\" .~,oroll'lIer.com COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH &- DESCRIPTION Mar 24, 2004 - 13:06:44 MLAMUREIX:\SUR\N6015\951ed100,dwg 03/2004 I PROJECT NO.: N6015-005-000 1:~~2 N~;8E~ I F12t.: 812 EXHIBIT 2 Page ---L-of z ,,~ ,~" , ~~ ro",<b ~() ~, ~j rv S's/, ,ss <..1' '/,s?<~ hl\O~ ci I I ~ n \ O'l 0 .- et: lcil~! u l<i I::) t'") z 0 III <: I UCOUJ U t-:::)~ :..J..Ja. coU ffi 0 o t'") z ~ ~ \~ c ~ South 1/2 of the South I N 1/2 of the Southeast o 1/4 of the Northeast -~1/4 of Section 34 o -~ ..f:o. "3~' w . ,...... . NO . 0 ex:> . 00 b I"") o z NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Rood 951 (C,R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. CU RVE TABLE CU RVE RADI U S DELTA LENGTH TANGENT CHORD C19 87,00' 39'32'10" 60,03' 31.27' 58,85' C20 62.00' 38'28'57" 41,64' 21,64' 40,86' C22 25,00' 60'23'47" 26,35' 14,55' 25,15' C23 177,00' 30'42'06" 94,84' 48,59' 93,71' C24 50,00' 21'49'48" 19,05' 9,64' 18,94' C25 40,68' 28'37'50" 20,33' 10,38' 20,12' C26 40,00' 63'36'37" 44.41' 24.81 ' 42,16' C27 250,00' 19'39'09" 85,75' 43,30' 85,33' C28 87,00' 25'04'35" 38.08' 19,35' 37,77' C29 63,00' 47'12'29" 51.91' 27,53' 50.45' FIRM) ...- LO O'l N89'51 '33"W 1 00,09' P,O,C, I East 1/4 Corner of Sec~ion 34, I Towns1ip 48 South, Range 26 East CHORD BEARING N70'21 '56"[ 570' 37' 31 "[ 521'11'09"[ 506'20'18"[ 510'46'27"E N14'27'22"E N60'34'35"E N82'33'19"E N85'16'03"E N74'12'06"E 3- J... 5" O'f (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. : 834 N r 1 50 100 200 400 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION Wi'.Mille," ""."~,, Plann",s Englnee"" Ecnlog/sl90 Surveyors' Lands""fl/! Architects JiransportaUon Consultants WilsonMiller, Inc. NapIeI Fat MyBrS' SirawIB 'BradBnrJi, """fJ8 3200 811!eylQfl<, Svit.2r>> Naples, F/oiIdo 3oIfOS.8Slil'P/!GIlil 2.l9-649-4(\10 .ax 239.1i4J.5i16 WW-Sit, "'''WNS<>1IJl1'/o,,"m SKETCH de DESCRIPTION 03/2004 PROJECT NO,: N6015-005-000 SHEET NUMBER: FlLE NO.: 34-1 OF 2 2L-812 Mar 24, 2004 - 13:06:44 Ml.AI.tUREIX:\SUR\N6015\951ed100,dwg EXHIBIT 2 Page 2 of 2. lOE 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: 41\ t.,., . ...1 , LEGAL DESCRIPTION Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; Thence North 89'S1 '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 (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 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 ore of a circular curve concave north, having a 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 a point of reverse curvature; Thence 38,08 feet along the arc of a circular curve concave south, having a radius of 87,00 feet through a central angle of 2S'04'3S" subtended by a 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 a circular curve concave north, having a radius of 63,00 feet through a central angle of 47' 12'29" subtended 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 a radius of 87,00 feet through central angle 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 arc of a circular curve concave south having a 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 a circular curve concave west having a radius of 25,00 feet through a 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 a circular curve concave east, having a radius of 177,00 feet through a central angle of 30'42'06" subtended by a chord which bears South 06'20'18" East 93.71 feet to a point of reverse curvature; Thence 19,OS feet along the arc of a circular curve concave west, having a radius of 50,00 feet through a 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 SO,OO 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 PROJECT NO.: 65061 I PARCEl NO, : 834 WiI.,Mille'" .".,,-.. Plann",s Englneel'6 Ecologlsl,,. Surveyors' Landscape Architects ""nspor/alion Consul/anls WilsonMil/er, Inc. N~ti~ Fat MyeIS' Saras0/8 ,B,ar!entoll ItimjJi 3200 Baiiey tlllle Sullo m No~s. FIoIida 34 105.851)7' P1wne 239.54941!<10 ;a, 239-643-5116 1'kb-SiIe "","wU,onmIHet.com COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION Mar 24. 2004 - 13.06,44 MLAMUREIX:\SUR\N6015\951ad100,dwg 03/2004 I PROJECT NO,: N6015-005-000 I SHEET NUMBER: I fiLE NO.: 4134-2 OF 2 2L 812 , , - , , - , , - . , - , , (~g6-~p~~ South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34 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 as follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N 89'51' 33" W along the South line of the Northeast 1/4 of said Section 34, a distance of 100,09 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard) and the Point of Beginning; thence continue N 89'51'33" W along said 1/4 section line a distance of 75,07 feet; thence N OZ15'04" W, a distance of 334.80 feet to a point on the North line of the South 1/2 of the South 1/2 of tht:. Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S 89'51'58" E, along said North line a distance of 75,07 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard); Thence S 02'15'04" East, along said westerly right-of-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, /J " 7/ P,S,M~ THE FIRM) O. 5834 3 -r) q ~ 0/.--1 (DATE SIGNED) I NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 REVISED PARCEL NO, - 03/29/04 REVISED PARCEL - 03 23 04 PROJECT NO,: 65061 PARCEL NO, : 134C WiI.,Mille,.''''''--- Plann",. Enginee", Ecologist.. Surveyors' Landscape ArchfteC/8 1<"ansportalion Consultants Wilson Miller, Inc. Napi.. F<<t AIy/llS' Sarasoja ,8/lid"'llJil IilmPB 3200BailayLsne. SuJltJM NaplflS,FiJridI134105.85iJ7'PhO<1a 239.6494040 .ax 239-643.5716 11\Jb.811. ~W>l"""""'Nn/:i.OOin "'ar 24, 2004 - 13:08:44 t.llAMURElX:\SUR\N8015\951.d100,dwg EXHIBIT 3 Page ---L-of I ~OE\ I d I I e::: I I '0 h 0 ..- "'-" 0 0:: .....I <( Z <( <..> ..- LO O'l N89'51'33"W 75,07' N89'51'33"W 100,09' .1 oj! '. .... ~ ! ::l t"l o VI () W lDt!) ~::l< iij(j Q. ffi 0 o t"l ~> ai 0: P,O.C. I East 1/4 Corner of Section 34, I Towns1P 48 South, Range 26 East \ NOTES: 1. This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C.R, 951) being N OZ 15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION L 09/2003 PROJECT NO.: N60 15-005-000 SHEET NUMBER; 34C OF XXX I~ 400 F1LE NO.: 2L-812 EXHI~T 4 Page of t South 1/2 of the South 1/2 [the Southeast 1/4 of the "Northeast 1/4 of Section 34 WOLF ROAD - , . - (OCCUPATION) - , , 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 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 Road 951 (Collier Boulevard); Thence continue along said line North 89'51 '33" West 75,07 feet to the POINT OF BEGINNING; Thence continue along said line North 89'51'33" West 363,12 feet; Thence North 00'08'27" East 30,00 feet; Thence South 89'51'33" East 361 ,87 feet; Thence South 02'15'04" East 30.03 feet to the POINT OF BEGINNING, Containing 0,25 acres or 10,874,90 square feet, more or less. OR THE FIRM) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. , 1.34A Wi,.Milllii" "'",-,. Plann8l's Engin..", ECOlogist.. Surveyor,~' Landscape Architects 7ironsportatioo Consultilnls WilsonMil/er, Inc. NapI.. Fat Myero, Sa"so~ 'Bi.dei'lfIIl Ieillps 1'<JO IlRihly (/lm), Sui1ll2Ol> Naples. Flond. 3411J5.850T . Phon, 2.J9-S49-400/0 'SX 2J9.64J.5T16 fJoW.&!, Ill"" "isonn'~".clJm Mar 24. 2004 - 13:06:44 t.1lAMURE/X:\SUR\N6015\95hd100,dwg ~ ~ OlE ~ I I o ci I I ,d N89'51'33"W 363.12' N89'51'33"W 75,07' N89'51'33"W 1 00.09' a n 0 .-- -....J .-- IJ) O'l 0 .- I ~ ~ .q- ~ I CD 0 I .....I Z rt) <( :::> Z o (f) <( t.) W 0 1Il", ~3~ .-- lIlt.) IJ) c:t: 0 W O'l 0 rt) z ~ ~ 0.. P.O,C, I East 1/4 Corner of Section 34, I Towns~p 48 South, Range 26 East NOTES: 1, This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90. East Zone, 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. COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 03/2004 PROJECT NO,: N6015-005-000 FILE NO.: 2L-812 SHEET NUt.1BER: 34.4 OF XXX EXHIBIT 5 Page --Lot I ! ! ! ! ,-.... :!d.::!d::l .. l,-n r..... .. IIIIIIU , I I I I , r.. ~.!:obl~ : IIII r"'....U I I I I I I I I I I I I r\ ~.!:obl...!.hi I ~~. 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C/) W a: u.. ~ ~ lIllI:t ('I) co ..j CJ D. lOF MEMORANDUM Date: June I, 2004 To: Lorraine Lantz, Right-of-Way Coordinator Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-182 - Collier Boulevard Condemnation Please find enclosed one copy of document as referenced above, (Agenda Item #10F), as approved by the Board of County Commissioners on May 25, 2004, If you should have any questions, please call me at 774-8411, Thank you. Enclosure lOF "<A '1 .', ",r ;~ COLLIER COUNTY TRANSPORTATION DIVISION DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT -OF - WAY ACQUISITION OFFICE MEMORANDUM DATE: May 28, 2004 FROM: Sue Filson, Executive Manager - BCC ::~ne Lantz, Right-of-Way Coordinator j) j Phone number: 239-213-5843 ~ \.' . TO: RE: Collier Boulevard Condemnation Resolution (Resolution # 2004-182) Attached please find the original Resolution No, 2004-182 for the condemnation of property necessary for the expansion of Collier Boulevard from Golden Gate Boulevard to Immokalee Road - Project 65061 for execution by Chairman Donna Fiala, Resolution No, 2004-182 was adopted by the BCC on May 26,2004 and the Agenda Item Number was 10-F, The Account Number is 338 163658, Please sign this Resolution on behalf of the Board and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! c 1/ ~. t 11 fl c tl n .. \- lOF .~ -< RESOLUTION NO. 2004 - -1E2- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADW A Y, 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 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 incorporated 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 determined 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 FURTHER 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 Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER 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 lOi- 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 "A" 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 () to day of 1'\ Q r ,2004, after motion, second and majority vote, \,.,\\1Hl011Itlllt'*1 ATTEST: . "A'~' Lei.it")", "" DWIGHT E, Bl~~~k:;cr:ER&:"'" .:... *' "'!;J ..... .~....:-:: ...... oM' ....... -. ,,,, ~", . "ii." '. ::?.. ~~....., "// jr ... ~:.~... ~ " . . . A test as ~o-~~~~- - ./ r; J s 19nature ooJ~;.,.:"~!l~} ,.<(i.-.' Approved as to r({tf~l'and.' ',: ~:}.. ffiCiV:~ Ellen T, Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER UNTY, FLOR A By: DONNA Item # IOF 5.~~~o~ Agenda Date Date b- t -Ot.{ Rec'd ~ Page 2 lOF: I EXHI~ITa FEE SIMPLE I Page-L of INTEREST II I L4 il I 3= I GOLDEN GATE ESTATES d 0 0:: I UNIT NO, 2 ~ -I P,B. 4, PAGE 75 q <C I 0:: ~ a () z (j) 0 0 o. .... I q q .... t.O N - O'l N TRACT CD CD I .... (.,.I (.,.I t.O 0:: @0 N N O'l () :t rri !i ~ I () (.,.I VJ Lj I (J1 (J1 0 0 0 0 I I 0 0 L LINE L40 L41 LINE TABLE LENGTH 10,00 10.00 BEARING N89"31'28"E S89"31 '28"W LEGAL DESCRIPTION The East 1 0,00 feet of Tract 120 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: Beginning at the Southeast corner of Tract 120; thence S,89'31'28"W, along the South line of Tract 120, a distance of 1 0,00 feet; thence N,OO'28'32"W,. a distance of 350,00 feet to its intersection with the North line of Tract 120; thence N.89'31'28"E, along said North line. a distance of 1 0,00 feet to the Northeast corner of Tract 120; thence S.00'26' 32"E, along the East line of Tract 120, 0 distance of 350,00 feet to the POINT OF BEGINNING. Containing 3.500,00 square feet or 0,0803 acres, more or less, 1, This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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 Commenr.e"'~nt. 8, O,R, represents Official Records, 9, L,B,E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. '1-:-1 ]- 0 3 N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 102 Wi_.illei..'~- Amn . ~ ' EccIoQIm , ~ ' LM1diIl:Ipe ArcNecf1I ' ~ CllnIlItn6I ~, ttc. .... . Fat.... . IlirIIl* ' LhdInbt . TIIIPI _Mru.1lt1t1J ,,. AriII MIHI11 .n- ..... ' FflIl1HfHlI6. w.HIt ......._ COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH '" DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 102 OF XXX fiLE NO.: 2L-812 :XHIBIT~ lOR I I -jt3~ of..%tl. II I I L76~ I ~ GOLDEN GATE ESTATES q --=- ~ I UNIT NO, 2 ~ <e P ,8, 4, PAGE 75 q I ~ z <. u z (J) 0 0 0 0 ..- I q q ..- LO N N ......., O'l TRACT co co ..- I VJ VJ LO .~ N N O'l u G3V i rr1 ~ ~ I u VJ Vol Li I ()l ()l 0 0 0 0 I I TEMPORARY 0 0 CONSTRUCTION EASEMENT I (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LINE L75 L76 L77 LINE TABLE LENGTH 5,00 5,00 10,00 BEARING S89'31'28"W N89'31'28"E S89'31'28"W L75 L77 P,O,8 I I NOTES: 1. This is not a survey, LEGAL DESCRIPTION A portion of Tract 120 Golden Gate Estates Unit No, 2, Plat book 4, Pages 75 & 76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 120; thence S,B9'31'28"W, along the South line of Tract 120, a distance of 1 0,00 feet to, the POINT OF BEGINNING; thence S.89'31'28"W, along said South line, a distance of 5.00 feet; thence N,OO'2B' 32"W., a distance of 350,00 feet to its intersection with the North line of Tract 120; thence N,B9'31'2B"E, along said North line, a distance of 5,00 feet; thence S,OO'2B'32"E" a distance of 350,00 feet to the POINT OF BEGINNING, Containing 1,750.00 square feet or 0,0402 acres, more or less, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. B, O,R. represents Official Records, 9, L,8,E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. DAVID ,), An, .S,M, (FOR THE FIRM) FLORIDA L1C. NO, 5B34 0; -f 7-01 N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 702 Wi_lfillei..'~~ AIIlnen. ~. ~. a.n.yrn. ~AnNec:It. ~~ ~,m .. . FcrI...., . ..... . hlirIllrI . T.... -_~... ',.Arill3GlHlll7.".,. ......,.., JJH/H7JI.II\IHIt......._ iep 16. 2003 - 11:37:37 t.4lAMUREIX:\SUR\N6015\95hd100.dwg . I 200 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO,: NBO 15-005-000 SHEET NUMBER: 702 OF XXX flU: NO.: 2L-812 ;;~'~T~ FEE SIMPlE INTEREST ~O.OOl_60.00J r ~ ~ t--; 0 F! I ~ I I 4 GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 --1 b o ..- -..J o a::: -' <( z <( <..) I I 15T AVE. N,W. ------ ..- II) 0'> ..- II) , 0'> . 0:: <..) TRACT CITV a::: <..) L, I t-.J I LINE L42 L43 L44 LINE TABLE LENGTH 35,00 10.00 30,00 BEARING N89'31'28"E SB9'31'2B"W NOO'28'32"W LEGAL DESCRIPTION A portion of the East 1 /2 of Tract 119 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: Beginning ot the Southeast corner of Tract 119; thence S,B9'31'2B''W. along the South line of Tract 119, a distance of 1 0,00 feet; thence N,05'14'27"W., a distance of 301,04 feet to its intersection with the South line of the 60,00 foot right-of-way easement of 1 ST AVE, N.W,; thence N,OO'2B'32"W" a distance of 30,00 feet to its intersection with the North line of Tract 119; thence N,89'31'2B"E. along said North line, a distance of 35,00 feet to the Northeast corner of Tract 119; thence S.00'28'32"E. along the East line of Tract 119, a distance of 330,00 feet to the POINT OF BEGINNING, Containing 7,801,44 square feet or 0.179 acres, more or less, 1, This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations or:..! 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. DAVID J, HYA ,p, I, (FOR THE FIRM) FLORIDA Lie;:, NO, 5834 q.~ /7 -()'3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEl NO, : 103 WI_Mille,..'W- ,..,..,. . e--. . ~ . an.,.n .1..InliIr:Ipe ArdJIdI . ~ CtIIIIIIItIIt WIIIonAater, ~ .. . All"'" . ..... . lhdIIbt . T.. .,.,,,....IfXI...IbtiI....,,.,,. .......FIII8H/HIJ.........._ N I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 103 OF XXX FILE NO.: 2L 812 EXHIBIT~_ P8ge~~ 30.00'1 15T AVE, N.W, 60.00) ---- 1 GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 TRACT ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LINE L78 L79 L80 LINE TABLE LENGTH 10,00 5,02 5,02 BEARING S89'31 '28"W S89'31 '28"W NB9'31'28"E LEGAL DESCRIPTION A portion of Tract 119 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75-76, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 119; thence S,89'31'28"W, along the South line of Tract 119, a distance of 1 0,00 feet to the POINT OF BEGINNING; thence S,89'31 '2S"W, along said South line, a distance of 5,02 feet; thence N.05'14'27"W" a distance of 301,04 feet to its intersection with the South line of the 60,00 foot right-of-way easement of 1 ST AVE. N.W,; thence N,89'31'28"E, along said South line, a distance of 5,02 feet; thence S,05'14'27"E., a distance of 301,04 feet to the POINT OF BEGINNING, Containing 1,506,00 square feet or 0,0346 acres, more or less, ,fl r DAVID J, H ,. '.M, (FOR THE FIRM) FLORIDA U , NO. 5834 '1-17-03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISEQ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 703 Wil.MIIIBi...~- .....,.,.. . ~ . EcoIllglIII . an.,w. . ~ AtdIIecfI . ~ CaIdtInIJ WlIon.o\8sr, tJc. ""., . FlrI.... . ...... . lhliIIIbJ . T.". -Mru..Ma.l '''''Aria3lllHilll7.n- tJI-f4HWJ."" 2iJHIH1I.1IWrMI_......_ ;.p 18, 2003 - 15:11:47 IoIlAMUREIX:\SUR\N6015\95hd100,dwg 09/200J ~OF! I ~ I I q a:: -. N N -l -l -:i.1'1 5L; ~: VJ VJ o S. ~ o ~ -1'>-. L78 NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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 Easeme'nt. N I o 25 50 lOa GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO,: N60 t 5-005-000 SHEET NUMBER: 70J ,OF XXX FILE NO,: 2L-812 EXH'BIT~ Page~ otm FEE SIMPLE INTEREST GOLDEN GATE ESTATES UNIT NO. 2 P,B. 4, PAGE 75 TRACT cIi]) 60.0J 15T, AVE N,W, 1-- -------- LINE L45 L46 LINE TABLE LENGTH 47.66 27,74 'SEARING N89'31'2S"E S89'31'2S"W LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Southeast corner of Tract 118; thence 5,89' 31'28"W. along the South line of Tract 118, a distance of 27,74 feet; thence N,03'55'48"W" a distance of 330,60 feet to its intersection with the North line of Tract 118; thence N,89'31'28"E, along said North line, a distance of 47,66 feet to the Northeast corner of Tract 118; thence 5,OO'28'32"E. along the East line of Tract 118, a distance of 330.00 feet to the POINT OF BEGINNING, Containing 12,440,93 square feet or 0,2856 acres, more or less. OJ -/7 - () 3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINALRAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. : 105 ._.ille,..'- F'lImn . SWMn . ~ . ~ .I..IndIcapeArrHeclt . ~ CllnU'InII ~m ,.,., , FIrIAtwr . ...... . IhdInIIrt . r... -....,'- Ut. .....fbtiI MlH!lI1 .I'tJcn ...... 'FlU Jl'1HfH1I. ~ .........- 30.001 I lOF' n e::: <e z <to o a o. ..... L.O O'l ..... ........ ..... ' , L.O e::: ~ : ~ Y I I NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION 09/2003 PROoJECT NO,: N6015-005-000 FILE NO.: 2L-812 SHEET NUMBER: 105 OF XXX TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P,O, , "......., ~ q e::: ~o 0' ..- "-0../ IIOF: ~I ~ o e::: -I <( Z <( <.) --1:3(ii'EiI;r~J\~{~~------------ Page (f) of" ..- LO ()) GOLDEN GATE ESTATES ..- LO UNIT NO. 2 z (/) O'l 0 0 P,B, 4, PAGE 75 v: v: e::: ()1 ()1 U (J\. (J\. L; TRACT ..\>- ..\>- (Xl (Xl: CD]) ~ rT1 I tJ.J tJ.J 0 0 0 0 (J\ (J\ (J\. ()1 60.00'1 30,00' ---- -- L81 --- 1 ST. AVE, N,W. 0::; u ~ LINE L81 L82 L83 LINE TABL~ - - - - T - T LENGTH 5,01 5,01 47,66 BEARING S89'31'28"W N89'31'28"E S89'31'28"W NOTES: LEGAL DESCRIPTION A portion of Tract 118 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 118; thence S.89'31'28''W, along the North line of Tract 118, a distance of 47,66 feet to the POINT OF BEGINNING; thence S,03'55' 48"E., a distance of 300,55 feet to its intersection with the North line of the 60.00 foot right-of-way easement of 1 ST AVE, N,W,; thence S,89' 31'28"W, along said North line, a distance of 5,01 feet; thence N,03'55'48"W., a distance of 300.55 feet to its intersection with the North line of Tract 118; thence N,89' 31'28"E, along said North line, a distance of 5,01 feet to the POINT OF BEGINNING. Containing 1,503,02 square feet or 0,0345 acres, more or less 1 , This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. " p'. (FOR THE FIRM) 5~34 N Cf -l''j- tJ ., (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,; 65061 PARCEL NO, ; 705 __Mille,.'O*- 1'limIn. ~,~. ~ 'lAIIdIcfpeAtr:Mectl. ~ ~ WiIonWror, M ....... . FtIt.... . ..... . hIInbt . r.... 3IXl_~8*. ',..RriUIIIHlIIll.". .......Fu 1:IH00...... ......_ Sep HI, 2003 - 15:11:47 MlAMUREIX:\SUR\NB015\9518dl00,dwg I 200 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER; 705 OF XXX FILE NO.: 2L-812 .~XHIBIT . {j,Qe..:L.. of GOLDEN GATE ESTATES UNIT NO, 2 P ,B, 4, PAGE 75 i IOf n, ci I .J <: z <: u .., ~ ~ q 0::: TRACT ~ -------------------------- -------------~ FEE SIMPLE INTEREST o o .- '-" .- 10 0) , I I .- 10 0) 0::: U ~ 0::: U L- CURVE C7 DELTA 0'49'16" CHORD BEARING N03'31'10"W LEGAL DESCRIPTION A portion of the South 1 65 feet of Tract 117 Golden Gate Estates Unit NO,2, Plat Book 4 Poge, Page 75 and 76, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 117; thence S,89'31'28"W" along the South line of tract 117 a distance of 33,63 feet; thence N,03'55' 48"W" a distance of 68,89 feet to a point of curve to the right having a radius of 6,726.00 feet and a central angle of 00'49'16" and being subtended by a chord which bears N,03'31'10"W, 96,37 feet; thence northerly along the arc a distance of 96.38 feet; to its intersection with the North line of the South 165 feet of Tract 117; thence N,89'31'28"E" along said North line a distance of 42,90 feet to its intersection with the Easterly line of said Tract 117; thence S,OO'28'32"E" along the East line of said Tract 117 a distance of 165,00 feet to the POINT OF BEGINNING. Containing 6,349,39 square feet or 0,1458 acres, more or less, .fi' LINE L31 L32 L33 CZ-;23 ..(/ J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 REVISED 09/22/03 PROJECT NO,: 65061 PARCEL NO, : 106 Wil.Millel-.'~- I'ltmn, ~,Ec%(llItI, ~'~AnNlIc:III ,~~ ~, I1c. ,."., Flrf.... '.... , ~'T.,. -MrlJrllM. ,,,.. ArilI3ffIHlff1I '1'I\n ......,., ,FtlIIHfH1t' ~ ........_ Sop 22, 2003 - 14:06:49 t.lLAMUREIX:\SUR\Nll015\951.dl00,dwg NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. LINE TABLE LENGTH 42,90 33,63 68,89 BEARING N89'31'28"E S89' 31'28"W N03'55'48"W N I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 FILE NO.: 2L-812 SHEET NUMBER: 106 OF XXX TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) TRACT ~ H1WT Page of GOLDEN GATE ESTATES UNIT NO. 2 P,B, 4, PAGE 75 I I lOF :/1 I ?i q a::: ...l <( Z <( () '(~ "........, ~ q a::: ~o o ...... "-" ..- I!) O'l ci L 8 ..- I!) O'l u TRACT ------------~1-~---------------------------~ 0 (Xl to TRACT CD]) DELTA CURVE TABLE LENGTH TANGENT 96,67 4B,34 96',37 4B,1 B CHORD 96.67 96,37 CURVE RADIUS CB 6730.47 C9 6725,47 LEGAL DESCRIPTION A portion of the South 165 feet of Tract 117 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: 0'49'23" 0'49'16" Commencing at the Southeast corner of Tract 117; thence S,89'31'28"W. along the South line of said Tract 117, a distance of 33.63 feet to the POINT OF BEGINNING; thence continue S,89'31 '28"W. along said South line, a distance of 5,01 feet; thence N,OS55'48"W" a distance of 68,59 feet to o point of curve to the right having a radius of 6,730,47 feet and a central angle of 00'49'23" and being subtended by a chord which bears N,QS31 '06"W, 96,67 feet; thence northerly along the arc a distance of 96.67 feet to its intersection with the North line of the South 165 feet of Tract 117; thence N,89'31 '28"E, along said North line, a distance of 5,01 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N,B6'53'28"E" a radial distance of 6,725.47 feet; thence southerly along the arc, through a central angle of 00'49'16" and a chord which bears S,OS31'10"E, 96,37 feet. a distonce of 96,37; thence S,03'55'48"E., a distance of 68,89 to the POINT OF BEGINNING, Cont ning 27.14 $quar feet or 0,0190 acres, more or les ANDREW B, BECK, P,S,M, (FOR THE FIRM) FLORIDA L1C, NO. 606$ /~~ff- NOT VALID WITHOUT THE' SIGNATURE AND THE ORGINAL RAISED, SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 LINE L88 L89 ~. (DATE SIGNED) REVISED 10-13-03 - REVISED DESCRIPTION REVISED 09 24 03 65061 PARCEL NO, : 706 Wi_Mille'."~- AImn . ~ ' EcdogfIflr . ~ . L.I/JI:IIapeAnnll<<.tl ' ~ CalM.. ~, i1c. _ . F<<I".", . llirIIl* . lhidrID . r-. lII.ll_I.IIIlI". ...IirilIMlHlll11...... t:IH4HWJ."" ~.IllIHlt........- Sep 25, 2003 - 15:03:09 t.4lAMUREIX:\SUR\N6015\9518d100,dwg PROJECT NO,: a::: c..> ~ z (/) o 0 VI v: O'l . O'l ()'1 (Xl ()'1 (Xl ()'1 ,()'1, ~ ()'1 ~ (Xl ~ tO~~ tO~ (Xl~ = rri S89' 31 '28"W 33,63' CHORD BEARING N03'31 '06"W S03'31'10"E NOTES: 1. This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, [c ' Zone, 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,8, represents Point of Beginning. 7. P.O.C, represents Point of Commencement. 8, O.R. represents Official Records. 9, L,8,E, represents Landscape Buffer Easement, 10. U,E. represents Utility Easement. LINE TABLE LENGTH 5,01 5,01 BEARING N89'31 '2B"E SB9'31'28"W N l 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 FlLE NO,: 2L-812 SHEET NUMBER: 706 OF XXX .~XHleIT A . p,,~ '1 ~ FEE SIMPlE INTEREST TRACT _______________ ---020----- GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 TRACT -----------(Jf~ CURVE C6 DELTA 1'Z4'23" LEGAL DESCRIPTION A portion of the North 1 /2 Tract 117 Golden Gate Estates Unit No, 2, Plat Book 4 Page, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northeast corner of said Tract 117; thence S,OO'28'32"E, along the East line of said Tract 117, a distance of 165.00 feet; thence S.89'31'28"W, along the South line of the North 1 /2 of said Tract 117, a distance of 42,90 feet to the point of curve of a non tangent curve to the right, of which the radius point lies N,86'53'28"E" a radial distance of 6,726,00 feet; thence northerly along the arc, through a central angle of 01'24'23" and being subtended by a chord which bears N,02'24'21"W, 165,09 feet, a distance of 165,10 feet to its intersection with the North line of said Tract 117; thence N.89'31'28"E. along the North line of said Tract 117, a distance of 48.46 feet to the POINT OF BEGINNING, Containing 7,592.96 square feet or 0,1743 acres, more or less, h lOF I ~ o a::: ...I <: ~ u o ~ q a::: a o ...- '-'" ...- L.O ()) ...- LO ()) a::: u P,O,B, a::: u LI I ~ CHORD 165,09 CHORD BEARING S02'24'21 "E NOTES: 1. This is not a survey, 2, Basis of bearing is the West line of County Rood 951 (C,R. 951) being N, 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. LINE L29 L30 LINE TABLE LENGTH 48.46 42,90 ~- /;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 PROJECT NO.: 65061 PARCEl. NO, : 107 Wil.Miller..'~- PlIiIwIn . ~ . ~ ' an.,w. . ~AIT:NteotI . ~ CicnIlMm ~ .tlc .... . An..... ' an.. . 1hrIInbr. r.,. _....,,,.....all '-"RriUIIlHlIIl1 '1'IIn ...... . Far 1IIHfHlJ. IrlHIt ......._ Sep 17, 2003 - 09:31:50 t.lLAMUREIX:\SUR\N6015\951ed100,dwg 09/2003 BEARING N89'31'28"E S89'31 '28"W N I ~I I o 25 50 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMBER: '07 OF XXX FILE NO,: 2L-812 TRACT G2V '~XHIBIT ge (0 of () () ..... ..... ..... 0 TRACT . _____________ ___ ------------~f~--------------- L91 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIO GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 TRACT ~ CURVE C10 C11 CURVE TABLE LENGTH TANGENT 1 65,10 82,55 165,10 82,55 RADIUS 6725.47 6730.47 DELTA 1'24'23" 1'24'20" LEGAL DESCRIPTION A portion of the North 1 65 feet of Tract 117 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: 1. This is not a survey, 589'31 '28"W\. 48.46' I I lOr I ..~ ;~ I ~ 3: q a::: .J <( Z <( o o ~ q a::: ~O o .- '-" .- LO m .- LO m ti . U I L' I a::: o CHORD 165,09 165,09 . CHORD BEARING S02'24'20"E N02"24'15"W 2, Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, Commencing at the Northeast corner of Tract 117; thence S,89'31 '28"W. along the North line of Tract 117, a distance of 48,46 feet to the POINT OF BEGINNING; said point also being the beginning of a curve to the left, of which the radius point lies N,88'17'52"E., a radial distance of 6,725.47 feet; thence southerly along the arc, through a central angle of 01'24'23" and being subtended by a chord which bears S,02"24'20"E 165,09 feet, a distance of 165,10 feet to its intersection with the South line of the North 165 feet of Tract 117; thence S,89'31'28"W, along said South line, a distance of 5,01 feet to the point of curve of a non tangent curve to the right, of which the radius point lies N,86'53'35"E., a radial distance of 6,730,47 feet; thence northerly along the arc, through a central angle of 01'24'20" and being subtended by a chord which bears N02'24'15"W 1 65,09 feet, a distance of 165,10 feet to its intersection with the North line of Tract 117; 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, fJ:~, 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,8,E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. LINE L90 L91 LINE TABLE LENGTH 5,00 5,01 BEARING N89'31'28"E S89'31'28"W l1-J--Q'f)J . (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 REVISED PROJECT NO.: 65061 PARCEl NO. : 707 WI,.Mille,."- 1'IInnn . ~ . ~ ' ~ ' LMIdIcIpe Arr:tilectI ' ~ CaIdInIt ~,re ""., , ,.",1twJ ' ara ' h*DI ' T..... __~U.all''''1biIi3fIHIV ,,,.. ....../'u 1i1HfH1I6' w.HIt ......._ 09/2003 Sap 24, 2003 - 14:17:05 MlAMUREIX:\SUR\N8015\95hdl00,dwg o 25 200 SKETCH de DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMBER: 707 OF XXX FILE NO.: 2L -812 LINE TABLE LENGTH SO,OO 48,46 21.04 Tract Eii~------------------- -------------- -, (U ~ LINE L2S L26 L28 BEARING NB9'31'2B"E S89'31'2B"W NOO'28'32"W FEE SIMPLE INTEREST GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 CURVE CS DELTA 1'13'3S" LEGAL DESCRIPTION A portion of the South 1 /2 of Tract 116 Golden Gate Estates Unit No,2, Plat Book 4, Page 7S-76, of the Public Records of Collier County, Florida, being more particularly described as follows: BEGINNING at the Southeast corner of tract 116; Thence South 89'31'28" West along the South line of Tract 116 a distance of 48.46 feet; Thence 143,97 feet along the arc of a non-tangential circular curve concave east having a radius of 6,72S.47 feet through a central angle of 01'13'35" and being subtended by a chord which bears North 01'OS'21" West 143,97 feet; Thence North 00'28'32" West a distance of 21.04 feet to its intersection with the North line of the South 1 /2 of Tract 116; Thence North 89'31'28" East, along said North line a distance of SO.OO feet; Thence South 00'28'32" East, along the East line of Tract 116, a distance of 16S,OO feet to the POINT OF BEGINNING, Containing 0,1877 acres or 8.17S,26 square feet, more or less, (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 108 WiI_Millfli..'~- AtmIrr. ~,~. ~. ~~. '1l1InlpcrtdrJ~ ~ I1c. _, FVlltwr ,anq./hdrirJ. r_ --~.... .,.... A:rtlIIIG-fIlII .1'i'lQlI13/H4HWJ . Fa 1JIH4HlJ. IlIlHIt .......- .p 22. 2003 - 11:36:58 MlAMUREIX:\SUR\N6015\951 ad1 OO,dwg 09/200:1 h lOF I ~ q cr. .-J <( Z ~ r-:- ~ q 0:: ~O o .- to O'l .- .........- .- to O'l cr. o LI I cr. o ~ CHORD BEARING N01'OS'21"W NOTES: 1, This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. N o 25 50 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 108 OF XXX FILE NO.: 2L-812 EXHIBIT Page /J of CT I I ~l CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 o ~ o e:::: I lqF III o 1021 <i ~ () o o .... ........ .... LO ()') TRACT -----------c:r1-~------------------- L94 .... S89'31 '28"W I 48,46' I I 1O1O 0J(J1 (") (") N0J TRACT CED L92 CURVE C12 C13 RADIUS 6730.47 6725.47 DELTA 1'13'32" 1'13'35" CURVE TABLE LENGTH TANGENT 143,97 71,99 143,97 71.99 CHORD 143,97 143,97 CHORD BEARING N01'05'19"W 501'05'21 "E LEGAL DESCRIPTION A portion of the South 1 /2 of Tract 1) 6 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 116; thence S,89'31'28"W. along the South line of Tract 116, a distance of 48.46 feet to the POINT OF BEGINNING; thence continue S,89'31'28"W, along said line, a distance of 5,00 feet to the point of curve of a non tangent curve to the right of which the radius point lies N,88'47'55"E" a radial distance of 6,730.47 feet; thence northerly along the arc, through a central angle of 01'13'32" and being subtended by a chord which bears N,01'05'19"W, 143,97 feet, a distance of 143,97 feet; thence N,OO'28'32"W" a distance of 21,04 feet to its intersection with the North line of the South 1 /2 of Tract 116; thence N,89'31'28"E, along said North line, a distance of 5,00 feet; thence S,OO'28'32"E., a distance of 21,04 feet to a point of curve to the left having a radius of 6,725.47 feet; thence southerly along the arc, through a central angle of 01'13'35" and being subtended by a chord which bears S,01'05'21 "E, 143,97 feet, a distance of 143,97 feet to the POINT OF BEGINNING, Containing 825,05 square feet or 0,0189 acres, more or less, NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. q/~~ ~-07 (DATE SIGNED) LINE L92 L93 L94 L95 LINE TABLE LENGTH 5,00 21.04 5,00 21,04 BEARING S89'31'28"W NOO'28'32"W N89'31'28"E SOO'28'32"E NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 N PROJECT NO.: o 25 50 100 REVISED 09/24/03 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 200 65061 PARCEl NO, : 708 Wi_Milltii..'W- I'liIIrln . ~ ' fi:dogIIII. ~ ' ~~ ' ~ CalIIIlInII WfIonUIer, .I1c .. ' ,.,.... ' ... ,1t1IdnM. T. __Lft\lUt8ll',...AIt*3GlHIll7 ,,,.. ......./V JIHOo&'J. WC-MI......._ Slip 24-, 2003 - 14-:17:05 MlAMUREIX:\SUR\N6015\951.d100,dwlI SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 708 OF XXX FlLE NO.: 2L-812 i FEE SIMPLE I INTEREST I I I I I GOLDEN GATE ESTATES I UNIT NO, 2 I P.B, 4, PAGE 75 I I TRACT --------------~---------------- ~ LINE L47 L48 LINE TABLE LENGTH 50,00 50,00 BEARING N89"31'28"E S89'31 '28"W LEGAL DESCRIPTION A portion of the North 1/2 of Tract 116 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Nor~heast corner of Tract 116; thence S,OO'28'32"E. along the East line of Tract 116, a distance of 165,00 feet to its intersection with the South line of the North 1/2 of Tract 116; thence S,89'31'28"W, along said South line, a distance of 50,00 feet; thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the North line of Tract 116; thence N,89"31'28"E, along said North line, a distance of 50,00 feet to the POINT OF BEGINNING, Containing 8,250.00 square feet or 0,1894 acres, more or less ,. . ,M. (FOR THE FIRM) NO, 5834 Q-r7-0j (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF. A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. : 109 W11"illei..'~~ f'IIMIR . ~ . ~ . an.,rn . L.lIndIl:apeAntllecfl . ~ ~ M'JaonWIw; tic ,.., . F<<f..... . ...... . hiInbI. T. -....,,,..... ....ArtllMNIW.".. ..........,... A'IH4H1I6.11WH1r Inlllilmlllr.caa 09/200.3 : l~F hi I ~ I a::: I I tJ ~ I ..- LC) 0> 0:; () NOTES: 1, This is not a survey, 2. 8asis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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,8,E, represents Landscape Buffer Easement, 10, U,E. represents Utility Easement. N j 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 109 OF XXX FlLE NO,: 2L -812 TRACT ! G201 P,O,B, S89'31'28"WI 50.00' 10~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) L97 Z (J) o 0 q q N N (Xl (Xl (.N (.N N N -:f. I'l L96 I I h TRACT -----------~~~------------------- m m (J1 (J1 o 0 o 0 o o ~ q 0::: <t z <( u GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 ,......, ~ o 0::: ..- -..- ..- LO O'l LINE L96 L97 LINE TABLE LENGTH 5,00 5,00 ..- LO O'l ~ u L I 0::: , . , ~-' TRACT G2D ~ BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 116 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: 1, This is not a survey, Commencing at the Northeast corner of Tract 116; thence S,B9'31'28"W, along the North line of Tract 116, a distance of 50,00 feet to the POINT OF BEGINNING; thence S,OO'2B'32"E., a distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 116; thence S,89'31'28"W, along said South line, a distance of 5,00 feet; thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the North line of Tract 116; thence N,S9'31'2S"E, along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 825.00 square feet or 0,0189 acres, more or less 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, rese.rvations 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. , p, ,M, (FOR THE FIRM) NO, 5834 " -J.} -() J (DATE SIGNED) N I o 25 50 100 GRAPHIC SCALE NOT VALID WITHQUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 200 PROJECT NO,: 65061 PARCEL NO. : 709 Wi..illei..'W~ f'IImn. ~ . EccIaglIIt . ~ ' ~ArI:tIItIb . ~C'41dlm WIlroMtrr, h:. ""., . Fcrl.... . .... . ....,.. ,... -MrLn,UtIXl..I'btIIIGtIU./'Iln ......,.Fu 1IH4HlI'..........._ 09/2003 Sep 18, 2003 - 13:40:54 MLAMUREIX:\SUR\N8015\951.d100,dwll COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO,: N6015-005-000 SHErr NUMBER; FILE NO,: 709 OF XXX 2L-812 FEE SIMPlE INTEREST GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 _IB~~J______________________~ -------------- ~ ~ (Xl VJ N ~ 3RD AVE. N.W, I _1- LINE L49 L50 UINE TABLE LENGTH 64.00 64,00 . BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the South 180 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 114; thence S,89'31'2S"W, along the South line of Tract 114, a distance of 64,00 feet; thence N,OO'2S'32"W" a distance of 180.00 feet to its intersection with the North line of the South 1 /2 of Tract 114; thence N,89'31 '28"E. along said North line, a distance of 64,00 feet to its intersection with the Easterly line of Tract 114; thence S,OO'28' 32"E, along the east line of Tract 114, a distance of 180,00 feet to the POINT OF BEGINNING, Containing 11,520,00 square feet or 0,2645 acres, more or less, '('--/7-01 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEl. NO, : 111 Wil.MiIlBiHW- I'IImn . ~ . Ei:QogIrIt . an.,rn , ~ArchfIIcfI ' ~ Ccul.fInfr ~, tlc. ,.. . Fcrt... ' ... . IhlIiIDr . r.... -_~.... ,,...fbtilMlHlll7 'fila .......Fv 18HtH1I.1lWI-BIt......,._ 09/2003 I 19F hi 3= I q I a:: <i z <: () "'"::- ~ q a:: '0 o .- "-" .- lO 0') .- I lO ~ I U a:: () I ~ I I P,O,B. NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. N I ~-1 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH de DESCRIPTION PRWECT NO,: N6015-005-000 ....,. SHEET NUMBER: 111 OF XXX FILE NO.: 2L-812 -- .. .. --. I rt -er&) ~~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) (j) o .....0 (fl' of\.) S89.31 '28"W 0 ~ 64,00' \ q fd _____________~~~O ~_L rrf lOF . C 3RD AVE. N,W, L 102 ,-... ~ o ~ b o .... ~ I I h I . 3: I 0 ri ....J <C Z <( U TRACT .-----------CJC1~------------- r ...... o LN TRACT CII0 I -I- I I I I I I I I I I I ! .... 10 0) .... 10 en ~ u GOLDEN GATE ESTATES UNIT NO. 2 P,B, 4, PAGE 75 ~ u L...1 I l-. LEGAL DESCRIPTION A portion of the South 180 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Collier County, Florida, being more particularly described as follows: LINE L100 L 101 L102 L103 LINE TABLE LENGTH 5,00 150,00 5,00 150,00 BEARING N89.31'28"E SOO'28'32"E S89.31 '28"W NOO.28'32"W Commencing at the Northeast corner of Tract 114; thence S,OO.28'32"E, along the East line of Tract 114, a distance of 150.00 feet to its intersection with the North line of the South 1 80 feet of Tract 114; thence S,89'31'28"W. along said North line, a distance of 64,00 feet to the POINT OF BEGINNING; thence S.00.28'32"E" a distance of 150,00 feet to its intersection with the North line of the right-of-way easement of 3RD AVE. N,W,; thence S,89.31 '28"W, along said North line, a distance of 5.00 feet; thence N,OO.28'32"W" a distance of 150.00 feet to its intersection with the North line of the South 180 feet of Tract 114; thence N,89.31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING, Containing 750,00 square feet or 0,0172 acres, more or less, NOTES: 1, This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are per plat. unless otherwise noted, 5. ROW represents Right-of-Woy, 6, P.O,B, represents Point of Beginning, 7. P,O,C. represents Point of CQmmencement. 8, O,R. represents Official Records, 9, L,B.E, represents Landscape Buffer Easement. 10, U, E, represents Utility Easement. f~ I , (FOR THE FIRM) 5834 q- J. "3-0 J - (DATE SIGNED) NOT VALID ,Wl'rHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 o 200 PROJECT NO,: 65061 PARCEl NO, : 711 Wi_Mllllji...~- I'IInnIrw . ___ . ~ . a.rw"n . LIIntIIt:Ipo~ . ~ C<<IIlIItIIe ~ tIC. ,.,., . FfrI.... . .... . .... . T... -MrU.IUtJt1..,.fIrt:II"...."""" .......,.,." 1iHfH1I..........,._ iep 19, 2003 - 11:24:48 MlAMUREIX:\SUR\N801~\9~hd100,dwll COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER, 711 OF XXX ALE NO.: 2L-812 FEE SIMPlE INTEREST GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 TR~~J________________ -------Ci 1 D L51 3RD AVE, N.W, LINE L51 L52 I -I- I I I ! LINE TABLE LENGTH 60.00 . 60,00 BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows: NOTES: ~ o Ii ~O o .- '-" h 19F I ~ I q ll:: ..J <( Z <( , , ... .- LO ()') .- t.O ()') ll:: () a::: () ~ I lJ 1. This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, Beginning at the Northeast corner of Tract 114; thence S,OO'28'32"E, along the East line of Tract 114, a distance of 150,00 feet to its intersection with the South line of the North 150 feet of Tract 114; thence S,89'31 '28"W, along said South line, a distance of 60,00 feet; thence N,OO'28'32"W" a distance of 150,00 feet to its intersection with the North line of Tract 114; thence N,89'31'28"E, along the North line of Tract 114, a distance of 60,00 feet to the POINT OF BEGINNING, Containing 9,000.00 square feet or 0,2066 acres, more Or less 3, Subject to easements, reservotions 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. . , "'i (FOR THE FIRM) NO, 51'34 C( -/7"(}' (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND'M~PPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 112 Wi_MiIIBi-.'~- l'/ImIn . e--. . EocqjltII . ~ . ~ ArcI6c/I . ~ er.M1/III WfaonWIer, tlC ,.. . FrIrll+fn ' ..... ' "...,., , r... arxI_~". '''''fbtUClHill1'l'!In .......,.FtlI1H4H1II.1l'WIiIIlt ........caIl N o 2ll , I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 112 OF XXX FILE NO.: 2L-812 page.JL .or-ID._ OLDEN GATE ESTATES UNIT NO. 2 P,B. 4, PAGE 75 S89'31 '28"wl 60,00' I O,C I lot rr -" -" TRACT .----------(f~D--- 00 m~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTID. o ~ o e::: .0 o ...- '-'" I ;J ~ o e::: ...J <( Z <( U --------------------------[1 05---- ...- t{) m 3RD AVE, N.W, ...- t{) Q') a::: u ~~ TRACT CD]) I I -,- I I I I I LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Page 75- 76, of the Public Records of Collier County, Florida. being more particularly described as follows: LINE L104 L105 l106 l107 LINE TABLE LENGTH 150,00 5,00 150,00 5.00 BEARING SOO'28'32"E S89'31 '28"W NOO'28'32"W N89'31 '28"E NOTES: 1. This is not a survey. Commencing at the Northeast corner of Tract 114; thence S,89'31'28"W, along the the North line of Tract 114, a distance of 60,00 feet to the POINT OF BEGINNING; thence S,OO'28' 32"E" a distance of 150,00 feet to its intersection with the South line of the North 150 feet of Tract 114; thence S,89'31'28"W, along said South line, a distance of 5,00 feet; thence N,OO'28'32"W" a distance of 150,00 feet to its intersection with the North line of Tract 114; thence N.89' 31'28"E. along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 750,00 square feet or 0,0172 acres, more or less, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. DAVID J, . YATT FLORIDA L1C, NO, q-J-J-{)] , (DATE SIGNED) NOT VALID WITHOUT THE 'SIGNATURE AND THE ORGfNAL RAISED. SEAL' 'OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 N J 25 50 100 GRAPHIC SCALE ] 200 PRO.JECT NO,: 65061 PARCEL NO. : 712 Wi,.,Mllle,..'W- 1'lImIn, ~,~ ,~,~~, ~CclndInft WIIIorMer. ~ ... ,..,.... ' .,... , ....' r. --~.... .....RartilG<<1 ,""'" ~,,,.,....,.,,,,. JlWIoat.........._ ..p 19, 2003 - 11:24:46 MlAMUREIX:\SUR\N6015\951 edl OO.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PRO.JECT NO,: N60 75-005-000 SHE~ NUMBER; 712 OF XXX FILE NO,: 2L -812 FEE SIMPLE INTEREST 1 F ': ~ q r-.. 0::: ~ VJ N :t LINE L53 L54 LINE TABLE LENGTH 55,00 55,00 BEARING S89'31 '28"W N89'31'28"E LEGAL DESCRIPTION A portion of the South 1 /2 of Tract 113 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75 and 76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 113; thence S,89'31'28"W, along the South line of Tract 113, a distance of 55,00 feet; thence N,OO'28'32"W., a distance of 165,00 feet to it's intersection with the North line of the South 1 /2 of Tract 113; thence N,89'31'28"E, along said North line, a distance of 55,00 feet to its intersection with the Easterly line of Tract 113; thence S,OO'28'32"E, along the East line of Tract 113, a distance of 165.00 feet to the POINT OF BEGINNING, Containing 9,075.00 square feet or 0,2083 acres, more or less NOTES: 1. This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida state Plane Coordinates NAD 83/90, East Zone. 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. Of ~ l7-() , N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 11.3 Wi_Mill"i..'~- I'lImn ,~ . Ecc/ogIIII. ~ '~ArcNecfI . ~ CaIdtnIr WfIotMw; re NIt*' . Firt.... . IIirllIl* .Ihddlr . r..,. IIXJ,., ~ Ut r>> .... FlriUfIlHlIll1 .fIIont ......... Ftr A7HO-IlJ. IIWto(tr ......._ :.p 16, 2003 - 13:10:32 I.lLAMUREjX:\SUR\N6015\951.d100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHffi NUlotBER: 113 OF XXX FILE NO.: 2L -812 _"~I II,,",,!. I . M ~. ~...~ TRACT @D TEMPORAR'i' CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT,r",' 10~ ~ 0 ~ ~ ~ ...J 0 <( ~ ~. b u 0 .- .- L() '-" ()) .- ci L() ()) U ~ LJ u L P.O,C, I I GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 TRACT __________________~ 111 ._---------~----------- ~ r r ...... ...... ...... ...... o N TRACT GiD LEGAL DESCRIPTION A portion of the South 1/2 of Trod, 113 Golden Gate Estates Unit No, 2, Pages 75-76, of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Southeast corner of Tract 113; thence S,89'31'28"W, along the South line of Tract 113, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S,89'31'28"W, along said line, a distance of 5,00 feet; thence N.OO'28'32"W,. a distance of 165,00 feet to its intersection with the North line of the South 1 /2 of Tract 113; thence N.89'31'28"E. along said North line, a distance of 5,00 feet; thence S,OO'28'32"E., a distance of 165,00 feet to the POINT OF BEGINNING, Containing 825,00 square feet or 0,0189 acres, more or less LINE L10B L109 L110 L 111 L 112 LINE TABLE LENGTH 55.00 5.00 165,00 5.00 165,00 BEARING SB9'31'2B"W S89'31 '28"W NOO'2B'32"W N89'31'28"E SOO'2B'32"E NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, l:.c;:;t Zone, 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are 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. DAVID ~, FLORIDA q -' /"4 ~(J") . (DATE SIGNED) N J o 25 50 100 GRAPHIC SCALE NOT VALID WI1HOLfr- ,THE SIGNATURE AND THE ORGINAL RAISED'SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 200 PROJECT NO,: 65061 PARCEL NO, : 713 WI..,I1B'."- I'IIMn . ~ ' Ecc/ogIItI. IIwyIn , ~ Arr:IrIedt . ~ ea.IInII ~, tlC. ,.. . 1WI""" . ... . IhiirIaJ . r.,.. -MrLn\...8Ill .,..,.1'IrtlI3CIHJ11 ,,,,. ....... Fa 1IIH4HlII. .,.., _____ Sep 18, 2003 - 13:27:07 MI..AI.1URE\X:\SUR\N6015\951 Idl OO,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 713 OF XXX FILE NO.: 2L-812 TRACT ---------------~~~-------- L55 lOr ~ ~ ~ ~ :ci ~ ~ z <( ~o () o. ...... ...... If) '-" en .... Ii If) en u ~ l-... u L FEE SIMPLE INTEREST o q N co CJ..I N GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 LINE L55 L56 LINE TABLE LENGTH 55,00 55.00 BEARING S89.31'28"W N89.31'28"E LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 113 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75 and 76, Collier County, Florida, being more particularly described as follows: NOTES: 1, This is not a survey, Beginning at the Northeast corner of Tract 113; thence S,OO.28' 32"E. along the East line of Tract 113, a distance of 1 65,00 feet to its intersection with the South line of the North 1 /2 of Tract 113; thence S.89.31'28"W, olong said South line, a distance of 55.00 feet; thence N.00.28'32"W., a distance of 165,00 feet to its intersection with the North line of Tract 113; thence N.89.31'28"E. along the North line of Tract 113, a distance of 55,00 feet to the POINT OF BEGINNING, Containing 9,075.00 square feet or 0,2083 acres, more or less. 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00.28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. f .' ", ,~ '1-/7 -OJ N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 114 WII.MIIIBi..'~- I'mlIl'I . ~ . Ec%glIII . an.,w. . l.Inc:.lape AnNecIII . ~ C<<IMIn/t WIIoMfIer. re ,.,., . An.... . ..... . 1tIdiIa. r... ....,u..... .""FIri*MHilI1.'" .......,., __..,..,........._ Sep 16, 2003 - 15:11:47 MlAMUREIX:\SUR\N6015\951sd100,dwg I o 215 50 100 GRAPHIC SCALE I 1 , 11 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 114 OFXXX fiLE: NO.: 2L-812 c^HIIjIT Page T CD}) TEM CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM , COMMENCEMENT OF CONSTRUCTln L 117 ,O,C lOF en ..j:>. "...... ~ o 0:: b o ..... '-' ~ q 0:: -I < Z <( () r r ...... ...... TRACT CG]S------ .------------ 113 ..... 1.0 en --------------------------L115 ..... 1.0 en 0:: () GOLDEN GATE ESTATES UNIT NO, 2 P,8. 4, PAGE 75 0:: () ~ I I l-J TRACT QIV LEGAL DESCRIPTION A portion of the North 1/2 of Tract 113 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L 113 L 114 L115 L116 L 117 LINE TABLE LENGTH 55.00 165.00 5,00 165,00 5,00 BEARING S89'31 '28"W SOO'28'32"E S89'31'28"W NOO'28'32"W N89'31 '28"E NOTES: Commencing at the Northeast corner of Tract 113; thence S,89'31'28"W, along the North line of Tract 113, a distance of 55,00 feet to the POINT OF BEGINNING; thence S,OO'28'32"E" a distance of 165,00 feet to its intersection with the South line of the North 1 /2 of Tract 113; thence S.89'31'28"W, along said South line, a distance of 5,00 feet; thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the north line of Tract 113; thence N,89'31'28"E, along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 825,00 square feet or 0,0189 acres, more or less, 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. . o - (). '1.-0}, (DATE SIGNED) NOT VALID WITHOUT tHE SIGNATURE AND THE ORGINAL 'RAlqSD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 714 ~ 1~ 200 Wi_.ill.'..'- ....... . e--. . ~ . tlIw)wt . L.IndIclIpe AtriHIecfJ . ~ Co1drtD ~.~ ..... FlrI,...,....... hdIJbt. rMfll -....,~.... .... Adua_ '1'IIn ......... Fa 1IHIH1II. MlIII6 ...1IIIlIdr_ iep 18. 2003 - 14:17:34 Ml.AMURElX:\SUR\N6015\951ad100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH de DESCRIPTION 09/200J PROJECT NO.: N6015-005-000 SHEET NUMBER: 714 OF XXX FILE: NO.: 2L-812 TRACT CGV-------------------------~o ---------------- 112 ~ (Xl VI N ~ P8g~__ Of SQ FEE SIMPlE INTEREST GOLDEN GATE ESTATES UNIT NO, 2 P,S, 4, PAGE 75 LINE L57 L58 LINE TABLE LENGTH 55.00 55,00 SEA.RING S89'31 '28"W N89'31 '28"E ,; LEGAL DESCRIPTION A portion of the South 165 feet of Tract 112 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 112; thence S,89'3,'28"W. along the South line of Tract 112, a distance of 55,00 feet; thence N.00'28'32"W" a distance of 165,00 feet to its intersection with the North line of the South 165 feet ot Tract 112; thence N,89'31'28"E. along said North line, a distance of 55,00 feet to its intersection with the Easterly line of Tract 112; thence S,OO'28'32"E, along the East line of Tract 112, a distance of 165,00 feet to the F-OINT OF BEGINNING, Containing 9,075,00 square feet or 0,2083 acres, more or less, oB-I~~ DAVID J, 'AIT, ,S,M, (FOR THE FIRM) FLORIDA L1C, NO, 5834 q -/ 7'0 .7 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 :OJECT NO,: 65061 PARCEl. NO. : 115 W/_Millei..'~- I'fIMn . ~ ' ~ ' a.wrn ' L.andIcIpI ArlN<<:IlI ' 7l'InIpcTrtd:n ClnlItn/t WlIonWer, t1C. .. ' Iil'tAtwr ..... ' bfIIbt, T_ rxl_~". '~l'b*..,a:lHilll1 ,/'Itn ....... ' FtII:11HH11, ...... _lIIllIdr.- , 16, 2003 - 13:14:01 MlAMUREIX:\SUR\N601S\951Bdl00,dwg 09/200:1 ~OF ~ q ,....... a::: ~ ....J q <( a::: z <( a u 0 .- .- It) -...J m .- ci It) m U , a::: u NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements. reservations and restrictions or record, 4, Eosements shown hereon are per plat, unless otherwise noted, 5, ROW represents Right-ot-Way, 6, P.O,B, represents Point of Beginning, , 7, P,O,C, represents Point ot Commencement. 8, O,R, represents Official Records. 9, L.B,E, represents Landscape Butfer Easement. 10. U,E. represents Utility Easement. N ~'l 150 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH & DESCR~TlON PROJECT NO.: N6015-005-000 SHEET NUMBER: FIlL NO.: 115 OF XXX 2L-812 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIC. GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 o ~ q 0::: 10~ '. I( I :!: I ~ I 0::: ...J. <( ~ U I o o .- l!) en . TRACT ----------c:r~~------------ 1- 1 21___ ....... '-" .- l!) en 0::: U r r --" --" 0::: U N N o N TRACT CD}) L119 LEGAL DESCRIPTION A portion of the South 165 of Tract 112 Golden Gate Estates Unit No, 2. Plat Book 4, Pages 75-7,6, of the' Public Records of Collier County, Florida, being more particularly described as follows: LINE L118 L 119 L120 L121 L122 LINE TABLE LENGTH 55,00 5,00 165.00 5.00 165.00 .." BEARING S89'31'28"W S89'31'28"W NOO'28'32"W N89'31'28"E SOO'2B'32"E Commencing at the Southeast corner of Tract 112; thence S.89'31'2B"W, along the South line of Tract 112, a distance of 55,00 feet to the POINT OF BEGINNING; thence continue S,89'31'2B"W, along said line, a distance of 5,00 feet; thence N.00'28'32"W" a distance of 165.00 feet to its intersection with the North line of the South 165 feet of Tract 112; thence N,89'31 '28"E. along said North line, a distance of 5,00 feet; thence S.00'2B' 32"E" a distance of 165.00 feet to the POINT OF BEGINNING, Containing 825,00 square feet or 0,0189 acres, more or less, NOTES: 1, This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'2B'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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, 0, R, represents Official Records, 9. L.B,E. represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. f]~ 1l1/ DAVID J, ~TT, f/tfs,M. (FOR THE FIRM) FLORIDA L4'c. NO. 5834 q -.;l..J-03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 N 25 50 100 GRAPHIC SCALE 200 PROJECT NO,: 65061 PAllen. NO, : 715 WlI.Mille,HW- ,..,.... . I!tP>>n . EcoIoGl* . tvlwyln . L.Inciape.4rrtld . '7l'tnIIpa1a/b' CtnilIInIf ~.re '*'*' . ,.,,..,., , ...... ' IhdIIbI ' r.,. _,*,~..ltG ......AIItiI HtH611 .1'JIctIII ...... . Fa 1IIHfH18' IrIHIt ........- Sep 19, 2003 - 11:24:46 t.lLAMUREIX:\SUR\N6015\951Bd100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200.1 PROJECT NO,: N6015-005-000 SHEET NUMBER: 715 OF XXX FlLE NO.: 2L -812 XHIBIT---1\ PaQ~25 or;w- -4 FEE SIMPlE INTEREST 19F Q) (Jl TRACT 0 --------------~-----------------------~ ~ GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 LINE L59 L60 LINE TABLE LENGTH 55,00 55,00 BEARING S89'31'28"W N89'31'28"E ~ q 0 0:: ~ -I q <t 0:: Z <t .0 U 0 ...... ...... LO '-" (J) ...... LO 0:: (J) U 0:: ~ U Ll LEGAL DESCRIPTION A portion of the North 165 feet of Tract 112 Golden Gate Estates Unit No, 2, Plat Book 4. Pages 75-76, Collier County, Florida, being more porticularly described os follows: NOTES: 1, This is not 0 survey, 2, Basis of bearing is the West line of County Rood 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East-:Zone, Beginning at Northeast corner of Tract 112; thence S,OO'28'32"E. along the East line of Tract 112, ,0 distance of 165,00 feet to its intersection with the South line of the North 1 /2 of Tract 112; thence S.89'31'28"W. along said South line, a distance of 55,00 feet; thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the North line of Tract 112; thence N.89'31'28"E. along the North line of Tract 112, a distance of 55,00 feet to the POINT OF BEGINNING, Containing 9,075,00 square feet or 0,2083 acres, more or less, 3, Subject to easements, reservations and restrictions or record, 4, Eosements 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.S,E, represents Landscape Buffer Easement. 10, U,E, represents Utility Easement. DAVID J, H FLORIDA L1C, t5~1 ~ -/7 -0 j N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 'ROJECT NO,: 65061 PARCEL NO, : 116 Wil_.illei."~- I'lIttvlItw . ~ . Ec:dogIIfI . ~ . l.lInlM:ape ArctIedI . 7l'ItlIIprId:n CcntfrdJ WIIon\8er, .tic. .. . Flrtltwr .1InaI . Ih*a . r... mI_~"'''' .....fIriII~.".. ........FtJ JIH4HlIt...... ........- 'p 18, 2003 - 13:15:09 MlAMURE!X:\SUR\N6015\951ed100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200J PROJECT NO,: N6015-005-000 SHEET NUMBER: 118 OFXXX FlLf NO.: 2L -812 TRACT @) TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) L127 ,c. 10~ II. I ~ I ~ I 0:: -I <( Z <( () L123 I N N ()) ~ "..... ~ q 0::: b o .... '-' .... LO ()) r r ->0 -' TRACT ----------~------ ~ -----------1- 125 .... LO ()) 0::: () 0::: () GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT CD]) LEGAL DESCRIPTION A portion of the North 165 feet of Tract' 112 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the > Public Records of Collier County, Florida, being more particularly described as follows: LINE L123 L124 L125 L126 L127 LINE TABLE LENGTH 55,00 165,00 5,00 1 65,00 5.00 BEARING S89'31'28"W SOO'28'32"E S89'31'28"W NOO'28'32"W N89'31'28"E Commencing at the Northeast corner of Tract 112; thence S,89'31'28"W. along the North line of Tract 112, a distance of 55,00 feet to the POINT OF BEGINNING; thence 5.00'28'32"E., a distance of 165,00 feet to its intersection with the South line of the North 165 feet of Tract 112; thence S,89'31'28"W. along said South line, a distance of 5,00 feet; thence N,OO'28'32''W" a distance of 165.00 feet to its intersection with the North line of Tract 112; thence N,89'31'28"E. along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 825,00 square feet or 0,0189 acres, more or less, NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. ,M, (FOR THE FIRM) 5834 q -;( 3 -0.7 (DATE SIGNED) N 1- o 25 50 100 GRAPHIC SCALE l 200 NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 716 COLLIER COUN7Y DEPARTMENT OF TRANSPORT A nON Wi,.Mille,Hw- ,.",..,. . ~ ' ~ ' anty!n , L.andape ArlN<<:II ' 1l'm(DGrlI.... CcnlIn ~ tJc. ,.... , ""',..,. . ..... ./hdn:lI, TIIFI -_'--lit. '~l'IrilIoMDHII7 ,,,.,,. ~'Fa 1IH4H1J',..,..........- Sip 19, 2003 - 11:24-:46 MlAMUREIX:\SUR\N6015\951Idl00,dwg SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 716 OF XXX FILE NO.: 2L-812 5TH AVE, N,W, h 40 I ' I ?; I c) I 0::: ~XHIB.IT ~ ag~J 0LaL ---- I I I I I I _1- FEE SIMPLE INTEREST ---- ---- ---- o ~ q 0::: :t'" ~ (,) GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 o o .- '-" .- If) en .- If) en 0::: cJ 0::: (,) L, I ~ I I TRACT _________________ -(i1-D---- LINE L61 L62 LINE TABLE LENGTH 55,00 55,00 BEARING S89'31'28"W N89'31'28"E ,4. LEGAL DESCRIPTION A portion of the South. 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 111; thence S,89'31 '28"W, along the South line of Tract 111, a distance of 55,00 feet; thence N,OO'28'32"W" a distance of 150,00 feet to its intersection with the North line of the South 1 /2 of Tract 111; thence N,89'31'28"E, along said North line, a distance of 55,00 feet to its intersection with the Easterly line of Tract 111; thence S,OO'28'32"E, along the East line of Tract 111, a distance of 150,00 feet to the POINT OF BEGINNING, Containing 8,250,00 square feet or 0,1894 acres, more or less, NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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, B. O.R, represents Official Records, 9. L.B.E, represents Landscape Buffer Easement, 10, U,E, represents Utility Easement. q ---/7 '0 J N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORiZATION LB #43 PROJECT NO,: 65061 PARCEL NO. : 11 7 Wi.Mille'..'~- 1'lIt1rlIn . ~ . E'cI:IoQII/I . an.,ar. . L..InclIape ArcIiIIcII ' ~ ~ IWIoILWer, tic. '*'*' ' Fcrt.... . IndI . IhdiIi2l . r..,. _1lIfIyLn,8*1JIO ',..A.rilI3Gffl1l.".",. .......Fu 1aH4H7/I.1IIJIrllIr 1III'&IIIlI:mII.- iep 115, 2003 - 13:28:27 MlAMUREIX:\SUR\N6015\951edl00,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 117 OF XXX FILE NO,: 2L-812 I I I _1- 5TH AVE, N,W, GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 TRACT ______________________ ----------~-- ~ TEMPORARY CONSTRUCTION EASEMENT (DURAnON: 3 YEARS FROM COMMENCEMENT OF CONSTR;JC TRACT CD}) LEGAL DESCRIPTION A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No, 2, Plot Book 4, Pages 75-76, of the Public RecorQs of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner af Tract 111; thence S,89'31'28"W, along the South line of Tract 111, a distance of 55,00 feet to the POINT OF BEGINNING; thence continue S,89'31'28"W. along said line, a distance of 5,00 feet; thence N,OO'Z8'3Z"W., a distance of 150,00 feet to its intersection with the North line of the South 150 feet of Tract 111; thence N.89'31'28"E, along said North line, a distance of 5,00 feet; thence 5,OO'28'32"E" a distance of 150,00 feet to the POINT OF BEGINNING, Containing 750,00 square feet or 0,0172 acres, more or less, DAVID J, ATT, ,$,M, (FOR THE FIRM) FLORIDA L1C, NO, 5834 q -)3~07 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO. : 717 WiI_Mille'...~~ /'limn, e--. ' ~ '/UWYMr . ~An:IIlIctr ' ~ ClindlttD KflrclnWsr. ~ ,.. . I'iirt'twt . .... ,ItDIDI, r. _1lIIIIr~Ut.ll7 '",*,fbtUac.,... .....,.,., IIHHI'II' IIWHII........_ S.p 19, 2003 - 11:24:48 MlAI.1UREIX:\SUR\N8015\93hd100,dwll 09/2003 I _____..1-1 31___ ,....... ~ q 0::: b o ..- .......... r r -" -" Vol Vol o N ..- LO m ci I ~~ LINE L128 L129 L130 L131 L132 LINE TABLE LENGTH 55,00 5,00 150,00 5,00 150,00 NOTES: I I I I ~ o 0::: -l <: Z <: () ..- LO m 0::: () BEARING 589'31'28"W S89'31'28"W NOO'28'32"W N89'31'28"E 500'28'32"E 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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,8,E, represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. N I o 25 50 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMBER: 717 OF XXX 200 FILE NO,: 2L-812 ) ~XHIB'T k_ aged!}, ~ GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 h10F I ~ I I ~ I FEE SIMPLE INTEREST "'"'"' ~ o ci '0 o ..... ' ........" .-J <( ,,. %.~~..,~, " I'. <( () I I -.:...- I _ ..... LO en I ~ I LJ 5TH AVE. N,W. ..... LO en ~ () L I I TRACT ______________ --------------~1-~---------- LINE L63 L64 LINE TABLE LEN GTH 55,00 55.00 BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 180 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75.,...76, Collier County, Florida, being more particularly described as follows: NOTES: ,"":~' ~'i~' il 1, This is not a survey, Beginning at the Northeast corner of Tract 111; thence S,OO'28'32"E. along the East line of Troct 111, a distance of 180,00 feet to its intersection with the South line of the North 1/2 of Tract 111; thence S,89'31'28"W, along said South line, a distance of 55,00 feet; thence N,OO'28'32"W" 0 distance of 180,00 feet to its intersection with the North line of Tract 111; thence N.89'31'28"E, along the North line of Troct 111, a distance of 55.00 feet to the POINT OF BEGINNING, Containing 9,900,00 square feet or 0,2273 acres, more or less, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. q -/7 - o~ - N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 'ROJECT NO.: 65061 PARCEl. NO, : 118 Wil.Mille,..'- FlImwI . ~ . ~ . an.,.n . L.InciIl:tpeAl'dlrecfl ' ~ CaldlllllJ ~, tlc. ,.,., . Fcl1.... . IlnIl* . 1hdrriII. r..- __~Utll>> .....Ariil,..." .,,- ......,.,. FIt ~. ~ ......._ 'P 16. 2003 - 13:30:32 I,U.AMUREIX:\SUR\N6015\951 sd1 OO,dwg o COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH && DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 118 OF XXX fiLE NO.: 2L -812 EXHJB!T~ I 60' RIGHT-OF-WAY EASEME:J Eage3Q..-or..au.:-1STH AV~ ~W~ I ,O.C, I Vl tN ~ I ON , CO o ~ OtN -N rrl I lOF' I ----- ---- -;-Ji L137, L133 TRACT ----------~--- ~ -----------------L135 ".... ~ o 0:: ~o o ~ ~ q 0:: --I <( Z <( () r -" tN tN Q) ..j:>o. GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 ..- --- ..- i.O m ..- i.O m 0:: () TRACT 0lD TEMPORARY CONSTRUCTION EASEMEN' (DURATION: 3 YEARS FRO:'J COMMENCEMENT OF CONSTR: 0:: () I LI ~ LEGAL DESCRIPTION A portion of the north 180 f!'let of Tract 111 Golden Gate Estates Unit No, 2, Plat Book 4, poges 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L133 L134 L135 L136 L137 LINE TABLE LENGTH 55,00 150.00 5,00 150,00 5.00 BEARING S89'31'28"W SOO'28'32"E S89'31'28"W NOO'28'32"W N89'31'28"E NOTES: Commencing at the Northeast corner of Tract 111; thence S.OO'28'32"E. along the East line of Tract 111 a distance of 30,00 feet to its intersection with the South line of the 5TH AVE, N.W, right-of-way easement; thence S,89'31'28"W, along said South line, a distance of 55,00 feet to the POINT OF BEGINNING; thence S,OO'28'32"E" a distance of 150,00 feet to its intersection with the South line of the North 180 feet of Tract 111; thence S,89'31'28"W, along said South line, a distance of 5,00 feet; thence N.00'28'32"W" a distance of 150.00 feet to its intersection with the South line of the 5TH AVE, N,W, right-of-way easement; thence N.89'31'28"E, along said South line, a distance of 5,00 feet to the POINT OF BEGINNING. Containing 750,00 square feet or 0,0172 acres, more or less, 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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, DAVID J, YATI, .S,M, (FOR THE FIRM) FLORIDA L1C, NO. 5834 q-J3 -0) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N I (DATE SIGNED) 200 PROJECT NO,: 65061 PARCEL NO. : 718 WI_Mill"i."~- PIInnIrI . e..-. ' EcD/qjIlIII . an.,w. , L.Mdiw:ape ~ ' ~ CGndtnIt ~,hc. ,.... . 1'a1"" . .... . ..... . T.... _..,,..8*8 '~AriaMlHllll1''''' .......Ftl8-ffH1ll.11WH1t .......- Sep 22, 2003 - 11:38:58 MlAMUREIX:\SUR\N8015\951ed100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 718 OF XXX fiLE NO.: 2L -812 ~.;..::. .;, FEE SIMPLE INTEREST -------------------r---------------------- TRACT I GOLDEN GATE ESTATES ~ I UNIT NO, 2 ~ I P.B, 4, PAGE 75 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I _____1- 5TH AVE, N.W, Page'&- of ~" TRACT ~ LINE L65 L85 L86 L87 LINE TABLE LENGTH 60,00 10,00 75,00 50,00 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 the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at Southeast corner of Tract 110; thence S,89'31'28"W, along the South line of Tract 110, a distance of 60,00 feet; thence N,OO'28'32"W" a distance of 330,00 feet to its intersection with the North line of Tract 110; thence N,89' .31'28"E. along said North line, a distance of 1 0,00 feet; thence N,OO'28'32"W., a distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 1 09; thence N.89'.31'28"E. along said North line, a distance of 50,00 feet to its intersection with the Easterly line of Tract 1 09; thence S,OO'28'32"E, along the East line of Tract 1 09 and Tract 110, a distance of 405,00 feet to the POINT OF BEGINNING, Containing 23,550,00 square feet or 0,5406 acres, more or less. (DATE SIGNED) - '. '.\ NOT VALID WITHOlJT. tHE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO, : 119 Wil..illlji..'~- f'lrmn ' ~ ' ~ ' an.,w. , tJindIlIIpe Arr:tI<<;W , ~ CcnlIIntJ WIloIMltr, tic ,., , FcrIAewr ' ...... ' 1hdtI*rr' r... -...,,..,.p '~RriIlI'" '1'fIn .......,.,,,,.,,., WIHII....._ Sep 17, 2003 - 09:31:50 MlAMUREIX:\SUR\NB015\951adl00,dwg 09/2003 I lQF ~I ~ o 0:::: ..J <( Z <( () o ~ q 0:::: b o ~ L() m ~ ......." ..- L() m 0:::: () 0:::: () I Li l-.J BEARING S89'.31'28"W N89'31'28"E NOO'28'32''W N89'31'28"E NOTES: 1. This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. N ] 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMBER: 119 OF XXX FILE NO,: 2L -812 TRACT ________ ---------------------r ~XHIBIT~ I 'age,--~J ~ I LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plat Book 4, Page 75, Public Records of Collier County, Florida, being more particularly described os follows: Commencing at The Northeast corner of Tract 110; thence S,89'31'28"W, along the North line of Tract 110, a distance of 60,00 feet to the POINT OF BEGINNING; thence S,OO'28'32"E., a distance of 300,00 feet to its intersection with the North line of the 5th AVE, N,W, right-of-way eosement; thence S.89'31'28"W, along said North line, a distance of 5,00 feet; thence N,OO'28'32"W" a distance of 300,00 feet to its intersection with the North line of Tract 110; thence N,89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING, Containing 1,500,00 square feet or 0.0344 acres, more or less. GOLDEN GATE ESTATES UNIT NO, 2 P.B, 4, PAGE 75 TRACT G2V TRACT CID) '1 ----------------------- F' I I 1 L142 P,O,C, I I I I I I I I I I I I I I I I I I I I I I I I I I ! 60' RIGHT-OF-WAY EASEME:J _'__--- L138 r r ->. ->. I ~ II ~ q r:- . 0::: ~ -! 0 <( 0::: Z <( U 0 0 .... .... 1.0 ......... Q') .... 1.0 0::: Q') U 0::: ~ U ..p. VI to L140 5TH AVE, N.W. - - - - ;-Ji LINE L138 L139 L140 L141 L142 LINE TABLE LENGTH 60,00 300,00 5,00 300.00 5,00 BEARING S89'31 '28"W SOO'28'32"E S89'31'2B"W NOO'28'32"W NB9'31'28"E NOTES: 1, This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. TEMPORARY CONSTRUCTION EASEMENT (OURAnON:3YEARSFROM COMMENCEMENT OF CONSTRUCTlON) PJ-~j ~()J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 pARCEL NO, : 719 Wil.Millei-.'-~ ....,..., , a--. ' ~ . ~ . !.ltndIcIpI ArctIedI . ~ CaIdInft ~, tlc. ,.. , Fcrtltwr ' ..... ' 1hddrI' r... -,.,,...... '''''Ariil~ 'fItn ......,.Fu lIH4HlJ'IlW>-at..........- lep 22, 2003 - 11:36:56 MlAMUREIX:\SUR\N6015\951.d1 OO,dwg 3M I 25 50 100 GRAPHIC SCALE 1 200 COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH & DESCRIPTION 09/2003 PROJECT NO,; N60 t 5-005-000 FILE NO.; 2L -812 SHEET NUMBER: 7t90F XXX .. "...... ~ o Ii I lOF' n o 0::: .....I <( ~ () l~ ,~s of~CTgo C@]) TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRue' GOLDEN GATE ESTATES UNIT NO, 2 TRACT P,B. 4, PAGE 75 @V ----------------------------------------------------- b o . ~ '-' ~ II') Q) ~ II') Q') ~ () I I Y TRACT ~ 0::: () L --------------------Ir--------- I I I I I I I I I I I I I r ..... ..p.. (J1 P,O,C, L144 . I LEGAL DESCRIPTION A portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L143 L144 L145 L146 L147 LINE TABLE LENGTH 50.00 5,00 75.00 5,00 75,00 BEARING SB9'31 '2B"W SB9'31'2B'W NOO'2B'32"W NB9'31'2B"E SOO'2B'32"E NOTES: Commencing at the Southeast corner of Tract 109; thence S.B9'31'28"W, along the South line of Tract 1 09, a distance of 50.00 feet to the POINT OF BEGINNING; thence continue S,89'31'28"W, along said line, a distance of 5,00 feet; thence N,OO'28'32"W" 0 distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 1 09; thence N,89'31'28"E, along said North line, a distance of 5,00 feet; thence S,OO'28'32"E., a distance of 75,00 feet to the POINT OF BEGINNING, Containing 375,00 square feet or 0,0086 acres, more or less, 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are 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. CJ- J. , '-07 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAI~EQ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 N 1-1 25 50 100 GRAPHIC SCALE 1 200 'ROJECT NO,: 65061 PARCEL NO. : 719A WI,."ille,..'- I'IImn . ~ . E'ccIollilII . antyln , l.lu1dIr:ltpe Arr:tIIIdII . ~ ~ ~, tlc. ,.. . Fat",.,. . .... . lhdIIbt . r.,. -_~... ,-,fbt*MIHllIT.".". .........FtlI!HfH1ll.JIWNIt ......._ Ip 22, 2003 - 11 :36:56 MLAMUREIX:\SUR\N6015\951 Id1 OO,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 719A OF XXX FlU: NO.: 2L 812 EXHIBIT , Page...s..1of 8~e~DEN GATE ESTATES UNIT NO, 2 P,S, 4, PAGE 75 ------------------Ir---------------- I I I I I I I I I I I I I P.O,C, h19F ~ 0 0 Cl':': ~ ....J 0 <( 0::: Z <( ~O 0 0 .... .... . 1.0 P,O,B, '-'" Ol I. ~ I .... 1.0 I 0::: I Ol <3 0::: ~ 0 LJ FEE SIMPLE INTEREST TRACT C@) ------------------------------------------- LINE L71 L72 L73 L74 LINE TABLE LENGTH 50,00 75,00 50,00 75,00 BEARING S89'31'28"W NOO'28'32"W N89'31'28"E SOO'28'32"E LEGAL DESCRIPTION A portion of the North 75 feet of the South 150 feet of Tract 1 09 Golden Gate Estates Unit No, 2, Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: Commencing at the Northeast corner of Tract 109; thence S,OO'28'32"E, along the Easterly line of Tract 1 09, a distance of 180,00 feet to the Northeast corner of the South 150 feet of Tract 1 09 and the POINT OF BEGINNING; thence S,OO'28'32"E, along the East line of Tract 1 09, a distance of 75,00 feet to its intersection with the South line of the North 75 feet of the South 150 feet of Tract 1 09; thence S,89'31'28"W, along said South line a distance of 50.00 feet; thence N,OO'28'32"W., a distance of 75,00 feet to its intersection with the North line of the South 150 feet of Tract 1 09; 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, 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. FOR THE FIRM N q -/ 7~a.J .' (DATE SIGNED) NOT VALID WITHOUT.THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 121 WiI_Mille'-.'~- I'IItwlert . a.-. . ~ . MwyIn . L..Inc*l:ape AnNectI . ~ QrIIl.CtnI8 WIIonAo8l8i', ~ ,."., . ,..,.... . .... . 1hlfIr*II. T... aIII_~Utlll7 ....fbitl3afIIlV.fIIn .......FV SHfH7I.."......"...- Sep 17. 2003 - 09:31:50 I.llAMUREIX:\SUR\N6015\951ed100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 121 OF XXX FlLE NO.: 2L 812 GOLDEN GATE ESTATES UNIT NO, 2 TRACT P,B. 4, PAGE 75 @V __________________\::.152 ----------------------------- "....... ~ ~ a::: ~o .0 .- ......., I 10FI n o a::: ...J <( Z <( () of...lliACT '80 @D TEMPORARY CONSTRUCTION EASEMENT (DURATlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) .- LO 0'> .- LO 0'> e:: u I I Y --------------------,------------------------- I I I I I I I I I I I I I r r -' -' U1 a::: () L P,O.C. TRACT (jJ2) LEGAL DESCRIPTION A portion of the North 75 feet of the. South 150 feet of Tract 109 Golden Gate Esfates Unit No, 2, Plat Book 4, pa'ge 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 109; thence N,OO'ZB'3Z"W, along the East line of Tract 1 09, a distance of 75,00 feet; thence S.B9'31'ZB"W, along the South line of the North 75 feet of the South 150 feet of Tract 1 09, a distance of 50.00 feet to the POINT OF BEGINNING; thence continue S,B9'31'2B"W, along said line, a distance of 5,00 feet; thence N,OO'Z8'32"W" a distance of 75,00 feet to its intersection with the North line of the South 150 feet of Tract 1 09; thence N,89'31'28"E. along said North line, a distance of 5,00 feet; thence S,OO'28'32"E" a distance of 75,00 feet to the POiNT OF BEGINNING, Containing 375.00 square feet or O,OOB6 acres, more or less, LINE L14B L149 L150 L151 L152 L153 LINE TABLE LENGTH 75,00 50,00 5.00 75,00 5,00 75,00 BEARING NOO'2B'3Z"W SS9'31'ZS"W S89'31 '28"W NOO'ZB'3Z"W NB9'31'28"t SOO'28'3Z"E NOTES: 1, This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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,S, 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. o '-I-?--OJ (DATE SIGNED) N I o 25 50 100 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED 'SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 200 PROJECT NO,: 65061 PARCEL NO, : 721 WiI_Mille"i..'~~ f'lImIrI ' ~ ' EcclIogfItI , SlnlIyln , ~ArrNedI . ~ CcnIMIntI WfIIonWer, re _ . FlJrI""" . Iln<<* . IhtiIrDt ' TIIp __~Ut. ,,..Fb'tiII3G:IHIW ,,,.,,. t31H4NW).FtJ~, WlHIt ........._ 09/2003 ;ep 22, 2003 - 11:36:56 MlAMUREIX:\SUR\N6015\95hd100,dwg COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: FlLE NO.: 721 OF XX;'" , 2L-812 :XHIBIT A ~gQLDEN GATE ESTATES ,,jage~ of--&D... UNIT NO, 2 P,B, 4, PAGE 75 TRACT @V --------------------------------------------- L98 -------------------r----------------------~-------- I I I I I I I I I I I I I I I I I I I LEGAL DESCRIPTION A portion of the North 1 BO feet of Tract 109 Golden Gate Estates Unit No, 2, Plat Book 4. Pages 75-76, of the Public records of Collier County. Florida, being more particularly described as follows: Beginning at the Northeast corner of Tract 109; thence S,OO'28'32"E, along the East line of Tract 1 09, a distance of 180.00 feet to its intersection with the North line of the South 150 feet of Tract 1 09; thence S,B9'31 '28"W. along said South line. a distance of 55,00 feet; thence N,OO'2B'32"W" a distance of 1 BO.OO feet to its intersection with the North line of Tract 109; thence N,89'31'28"E, along said North line. a distance of 55,00 feet to the POINT OF BEGINNING, Containing 9,900,00 square feet or 0.2273 acres, more or less, FOR THE FIRM q -} J-rJ 3 (DATE SIGNED) FEE SIMPlE INTEREST LINE L98 L99 NOTES: ~o o ..- ......." h.l~F ~ o ~ <i z <( () ..- LO en ..- LO en ci () l-J ~ () LJ I I LINE TABLE LENGTH 55,00 55,00 BEARI NG SB9'31'2B"W NB9'31'2B"E 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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,8. represents Point of Beginning, 7, P ,O,C, represents Point of Cqmmencement. B. O.R, represents Official Records. 9. L,B,E, represents Landscape Buffer Easement, 10, U,E. represents Utility Easement. NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEl NO, : 122 WII-,"iIlBi..'W- I'IImn . a--. ' Eixl/ogIIIlI . ~ ' L.aI*'fle ArctbdtI . ~ CGndInIlr WIIc:d.tIer, tic. ,.,.. . 111'I'" . ..... ' hiIIbI, r. __'-.... ',..fIrillMHll7'I'Jr:N ......,.,.., 1lHO-flJ. ~ 1II1111lkm11r.a Sep 18. 2003 - 10:04:08 MlAMUREIX:\SUR\N8015\90hd100,dwll N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUt.48ER; 122 OF XXX fiLE NO.: 2L-812 TRACT (1()8) EXHIBIT .B:::::::: PagE.31 ot.8LL GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 P,O,B, 10 L 158\ tJ1 tJ1 -...J tJ1 h q ,....." 0:: ~ -- TRACT ~ ----------~~~-------------------~~~-------L156 --------------------,-------------------------------- I I I I I I I I I I I I I ;n Ii I a: I U I Wy TRACT G]) LEGAL DESCRIPTION A portion of the North 180 feet of Tract 109 Golden Gate Estates Unit No, 2, Plat Bdok 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L154 L155 L 156 L157 L158 LINE TABLE LENGTH 55.00 180,00 5,00 180,00 5,00 BEARING S89'31'28"W SOO'28'32"E SB9'31'2B"W NOO'2B'32"W N89'31 '2B"E Commencing at the Northeast corner of Tract 1 09; thence S,B9'31'28"W, along the North line of Tract 1 09, a distance of 55,00 feet to the POINT OF BEGINNING; thence S,OO'28'32"E" a distance of 180,00 feet to its intersection with the South line of the North 1 BO feet of Tract 109; thence S,B9' 31'2B"W, along said South line, a distance of 5,00 feet; thence N,OO'2B'32"W" a distance of 180,00 feet to its intersection with the North line of Tract 109; thence N.89'31 '28"E. along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 900,00 square feet or 0,0207 acres, more or less, NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are per plat, unless otherwise noted, TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS PROM COMMENCEMENT OF CoNs'TRlJCT1ON) 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. .S,M, (FOR THE FIRM) 5834 1-;)3-D7 (DATE SIGNED) N [ o Z5 50 100 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 zoo PROJECT NO,: 65061 PARCEL NO, : 722 W1""ille"j-"~- ,."",.., . ~ . El:%giIII . ~ . !..lII*'Pe ArrNitcII . llwliIp<<1IbJ CI:YId_ ~tlC ,.. . Fcr1.... . 6Ir-* . ..... . r... aal7_~". ...AriiI"...../'IIrJnt ..........Fu 1:fH4H1J.1lW:>-aIr ......._ iep 19, 2003 - 14:06:11 MlAMURE!X:\SUR\N6015\951ed100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 722 OF XXX FILE NO.: 2L -812 IBIT P8ge~ of FEE SIMPLE INTEREST I ~ lOF I o o .- ......... ~ o a::: <i ~ () o ~ q a::: GOLDEN GATE ESTATES UNIT NO, 2 P,B, 4, PAGE 75 .- LC') ()') ,.... LC') ()') ci () ~ I u~ TRACT ----crQas------------------- LEGAL DESCRIPTION A portion of the South 1/2' of Tract 108 Golden Gate Estates Unit NO,2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly desdcribed as follows: Beginning at the Southeast corner of Tract 108; Thence S.89'31'28"W. along the South line of said Tract 1 OB, a distance of 55.00 feet; Thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the North line of the South 1/2 of said Tract 108; Thence N,89'31'28"E. along said North line, a distance of 55,00 feet to it's intersection with the Easterly line of Tract 1 08; Thence S,OO'28'32"E, along the East line of said Tract 1 08, a distance of 165,00 feet to the POINT OF BEGINNING, Containing 9,075,00 square feet or 0,2083 acres, more or less, NOTES: 1. This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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. LINE L36 U7 U8 LINE TABLE LENGTH 55,00 55,00 165,00 BEARING N89'31 '28"E S89'31'28"W NOO'28'32"W 9 -/7 - tJ J N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO. : 123 Wi".'lle,..'W- Amn . ~ . ~ . ~ . LIndi1l:lrpeAnNIIcIJ . ~ CcnIlIItJIt WIIonWer, tic. ... ""',..".... .1tUnbI. r.. __LIlIlIIltIllD ....fIriII3fIJHfQ .,.,......".,.".. lIJH/H1J. ~........- o 25 50 100 GRAPHIC SCALE 200 COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH & DESCmPTlON 09/2003 PROJECT NO.: N60 75-005-000 SHEET NUMBER: 723 OF XXX flU NO.: 2L-812 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 ,......., ~ o 0:: a o ..- '-" HOF: I ' I ~ o ~ f i ~ . .'1 ~ . TRACT @V ...J <( Z <( o ..- LO O'l TRACT ___________116f.___ ----------~~~-----------------~ ~--- ..- I.!) O'l 0:: o TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) r r ~ O'l Q) VI 0:; o L: ~I I P,O,C. L159 L160 TRACT CD]) P,Q,B, LEGAL DESCRIPTION A portion of the South' 1/2 of Tract 10S Golden Gate Estates Unit No, 2, Plot Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L159 L160 L161 L162 L163 LINE TABLE LENGTH 55,00 5,00 165.00 5,00 165.00 BEARING S89'31'2S"W SP'9'31'28"W NOO'28'32"W NS9'31 '28':E SOO'2S'32"E NOTES: Commencing at the Southeast corner of Tract 1 08; thence S,89'31'28''W, along the South line of Tract 1 08, a distance of 55,00 feet to the POINT OF BEGINNING; thence continue S,89'31'2S"W, along said line, a distance of 5,00 feet; thence N,OO'28'32"W., a distance of 1 65.00 feet to its intersection with the North line of the South 1 /2 of Tract 1 08; thence N,89'31 '28"E, along said North line, a distance of 5,00 feet; thence S,OO'28'32"E" a distance of 165,00 feet to the POINT OF BEGINNING, Containing 825,00 square feet or 0,0189 acres, more or less, 1, This is not a survey, 2. Basis of bearing is the West line of County Rood 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone, 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,S, 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. OJ -23 --03 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISE:D' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, . CERTIFICATE OF AUTHORIZATION LB #43 N I I o 25 50 100 GRAPHIC SCALE 200 PROJECT NO,: 65061 PARCEL NO, : 723 W11_Millel."~~ I'ItlYwt ' ~ ' ~ ' ~ ' LIncM:lrpe ArcHIM:tI ' ~ CcniIIanII WItol.'Mei; tlc. '*'*' ' Art.... ' ..... ' 1hrlMbI, r.,. __'-Ut. ,,. RrilI"- ,,.,.,,. ...... ' Fa 1:1HfH7J, ... ..........._ :ep 22. 2003 - 11:36:56 t.flAMUREIX:\SUR\N6015\951Bdl00,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 723 OF XXX FILE NO.: 2L-812 EXHI~lTA Page~ Oi.:][ FEE SIMPLE INTEREST GOLDEN GATE ESTATES UNIT NO.2 P,S, 4, PAGE 75 TRACT _________________ ------crO~ LEGAL DESCRIPTION A portion of the North 1/2 of Tract 108, Golden Gate Estates Unit No, 2, Plat Book 4, page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LEGAL DESCRIPTION Beginning at the Northeast corner of said Tract 108; thence S,OO'2S'32"E, along the East line of said Tract 1 OS, a distance of 165,00 feet; thence S,S9'31'2S"W, along the South line of the North 1 /2 of said Tract 1 OS, a distance of 55.00 feet; thence N,OO'2S'32"W., a distance of 165,00 feet to its intersection with the north line of Tract 1 OS; thence N.S9'31'2S"E. along said North line, a distance of 55,00 feet to the POINT OF BEGINNING, Containing 9,075,00 square feet or 0,2083 acres, more or less, LINE L34 L35 q-J7~IJJ ,(DATE SIGNED) NOT VALID WITHOUT ,THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 124 W/_Millei..'~~ PiItvln . e--. . Eoo/cgIIII . ~ . t.andape ArliJIBclt . ~ CclnIlIlIn/IJ WfIooWIer, tJc. .... . Fcrt,."., . .... . ...... . T.... -_~llItllll'''F1:riUGlHlll1'''''' ......Fu 13H4H1I8.11\iH1t ........_ ~ lOF ~ q 0:: <t z <( u ",...... ~ q 0:: b o .... .......... or- l!) Ol or- l!) Ol ~ U 0; I ~ NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon 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 Utility Easement. LINE TABLE LENGTH 55,00 55.00 BEARING N89'31'28"E SS9'31'2S"W N j 211 50 100 GRAPHIC SCALE 1 . 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200J PROJECT NO,: N60 75-005-000 FILE NO.: 2L-812 SHEET NUMBER: 724 OF XXX TRACT @) r.:XHIB'TA- t-'age.f!L 0[][ L168 P,O.C, lOF L164 r r -" -" (J) (J) ~. -..j (.J1 '-2V-.. - GOLDEN GATE ESTATES UNIT NO, 2 P,B. 4, PAGE 75 o ~ q a::: ~O o ..- -....,/ ;-; ~ o a::: ...J <( Z <( U TRACT ____________ ----------------------------------- L166 ~ ..- I!) (J) ..- I!) (J) ci u TRACT ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ~ I u L' LEGAL DESCRIPTION A portion of the North 1/2 of Tract 108 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records ,of Collier County, Florida, being more particularly described as follows: LINE L164 L165 L166 L167 L168 LINE TABLE LENGTH 55,00 165,00 5,00 165,00 5,00 BEARING S89'31'28"W SOO'28'32"E S89'31'28"W NOO'28'32''W N69'31 '26"E Commencing at the Northeast corner of Tract 1 08; thence S,89'31'28"W, along the North line of Tract 1 08, a distance of 55,00 feet to the POINT OF BEGINNING; thence S.00'26'32"E., a distance of 165,00 feet to its intersection with the South line of the North 1/2 of Tract 1 06; thence S,69'31'26"W. along said South line, a distance of 5.00 feet; thence N,OO'28'32"W" a distance of 165,00 feet to its intersection with the North line of Tract 1 08; thence N,69'31'28"E, along said North line, a distance of 5.00 feet to the POINT OF BEGINNING, Containing 625,00 square feet or 0,0189 acres, more or less, NOTES: 1, This is not 0 survey, 2, Basis of bearing is the West line of County Rood 951 (C,R, 951) being N 00'28'32" W, Florida state Plane Coordinates NAD 63/90, East Zone, 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,8, represents Point of Beginning. 7, P,O,C, represents Point of Commencement. 8, O,R, represents Official Records, 9. L,8,E, represents Londscape Buffer Easement. 10. U,E, represents Utility Easement. '1 -}3"-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 PROJECT NO,: 65061 PARCEL NO, : 724 WiI.Miller...~- I'ttmtn . ~ . S:cqfIII. a.n.,w. . ~ArmIloclt . ~ ~ ~J.", he. __ ' All"" ..,... .lhdnrI. rllFl DXlMrLn,UeIlXl '''''''Ari*MIIH/I1l'1'IIn ~'I'II t:HIH1I....".._____ "P 22, 2003 - 11 :36:56 MlAMURElx:\SUR\N60t 5\951adl OO,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH '" DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 724 OF XXX FlLE NO,: 2L -812 EXHI.BITL Page-':i~ d-JeL FEE SIMPlE INTEREST L237 lOF\ l I II \ ~ \ 0 q cr: ~ .-l q <{ cr: z I <{ u I 0 0 ..- ..- \ l.O \ "-" O'l ..- l.O cr: O'l U ci W u >. \ I I \ \ -------------------------------------------- LEGAL DESCRIPTION @- A portion of the North 1/2 of the Southeast A1~~EL 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East and being ..- a portion of those lands described in O.R, N Book 2533, Page 2620, of the Official Records to of Collier County, Florida, being more NI particularly described as follows: W WO I-N (f)tO :::IN a:::W 1-0 <( a:::D- W Of'/) Zf'/) --...lID N ~ a:::~ <(0 2 0 m Commencing at the East 1/4 corner af Section 34, Township 48 South, Range 26 East; thence N,89'51'33"W, along the North line of the Southeast 1 / 4 of said Section 34, a distance of 1 00,09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S,02'16'Ol"E, along said right-of-way line, a distance of 1,338,87 feet to the POINT OF BEGINNING; thence continue S,02'16'O 1"E. along said line, a distance of 669.43 feet to its intersection with the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 34; thence N,89'48'OO"W, along said South line, a distance of 80,07 feet; thence N,02'16'Ol"W., a distance of ~69.41 feet to its intersection with the North line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'49'll"E, along said North line, a distance of 80,07 feet to the POINT OF BEGINNING, Containing 53,551,09 square feet or 1,2294 acres, more or less. a::: o \ \ \ \ ----------------------------------------------- LINE L237 L238 L239 L240 L241 L242 LINE TABLE LENGTH 100,09 1338,87 669.43 80,07 669,41 80,07 BEARING N89'51'33"W S02'16'01"E S02'16'01"E N89'48'OO"W N02'16'01"W 589'49'11 "E P,S,M, (FOR THE FIRM) 5834 )()- ? -OJ (DATE SIGNED) ., , I NOT VALID WITHOUT1HE SIGNATURE AND THE ORGINAl, RAIS~D' SEAL OF A FLORIDA LICENSED SURVEYOR IAN!) MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being S 02'1...)"0.1" E, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record, .- 4, Ease'ments 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. N I 50 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PRo.JECT NO,: 65061 PARCEL NO, : 1.30 WiI_lfille'."~~ I'lIrWWI ' ~ ' ~ ' an.,tn , L.andil:Ipe ArdIIIt:8 ' 7l'mplrla/laI CaIdfrb ~,~ /tjIIIf , FlIrI.... . SIIrIIc* ' 1hcWII' r... ."",LlIIIl ~It>> ,,..Ari*MHI11 ,,,. tfH4Hl4O' ,., 18H4H1I' .. .......- Sop 25, 2003 - 15;03;09 IoIlAMUREIX;\SUR\N6015\95hd100,dwg o 09/200.1 SKETCH & DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMBER: 1.10 OF XXX FILE NO,: 2L -812 EXHIBITJ Page!::i2:J.of.2!J. FEE SIMPlE INTEREST ----------------------------------- RICHARD 0, AND FRANCIS A, CRAIG O.R, BOOK 2107, PAGE 1174 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 described in O,R, Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more particularly described as follows: 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 line of the Southeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S,02"16'01"E. along said right-of-way line, a distance of 1 ,004,15 feet to the POINT OF BEGINNING; thence continue S,02"16'01"E, along said line, a distance of 334,72 feet to its intersection with the South line of the South 1 /2 of the South 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of said Section 34; thence N,89'49'11 "w, along said South line, a distance of 64,06 feet; thence N,02'16'01"W" a distance of 334.71 feet to its intersection with the North line of the South 1 /2 of the South 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of said Section 34; thence S.89'49'47"E, along said North line, a distance of 64.06 feet to the POINT OF BEGINNING, Containing 21,422,33 square feet or 0.4918 acres, more or less, , P., ,(l='OR THE FIRM) 5834 pt-Jc1"Ol (DATE SIGNED) NOT VALID WITHOUT TH,E SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MApPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 PARCEL NO, : 131 Wi_"ille,k"~~ F'I1mIn . I!IuMn . EcciogIIla . an.,.n . ~.4ntIhClII . 7l'Inolp<<1aIlc ~ WfrIon.WIer, I1c. ,.,. . Fgf.... . ..... . 1hdIt*rI. T.. -MtLMilU,aJll .__ArtlI~.1'IJn .......Fu 1IHOft.1lIlHIt......_ Sep 23, 2003 - 10:56:42 MlAMUREIX:\SUR\N6015\951edl00.dwg w _ \t'J..:~~"l5J-'-~~~\lJO F \ a Lf) l 100,09' "to :;: --J-~ P,O,C, :-o~ I \ ~ ~ \ P,O.B, I <' I hI o loCI .f -.J <( z <( () I \ I b o ...- Lf) 0) ...- '-" ...- Lf) 0) I ~ () ~~ I I \ L170 LINE L169 L170 LINE TABLE LENGTH 64,06 64,06 BEARING S89'49'47"E N89'49'1'''W NOTES: 1, This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C,R, 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone, 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 Uti lity Easement. tic - 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 FlLE NO,: 2L -812 SHEET NUt.lBER: 131 OF XXX ~ ~.89'51'33"~ d ~ ~ C-100~Og;-- 1 F ~ ~~~ I p,o,~ I ~.- I I --------------------------------------------~77Lll1-~ ~ \ TEMPORARY I I 0::::' I CONSTRuCTION EASEMENT ---:- (DURATION: 3 YEARS FROM I ~ COMMENCEMENT OF CONSTRUCTION) ~ EXHIBIT"l A Page~ of--80 RICHARD D, AND FRANCIS A, CRAIG O,R, BOOK 2107, PAGE 1174 r ~ r -....J ~ (j) -....J N r ~ 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 described in O.R, Book 2107, Page 1174, of the Official Records of Collier County, Florida, being more particularly described as follows: ~ ~ L 175 L173 LINE L171 L172 L173 L 174 L175 L176 L177 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 line of the South 1 /4 of said Section 34, a distance of 100,09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence 8,02'16'01"E, along said right-of-way line. a distance of 1 ,004,15 feet to its intersection with the North line of South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N,89'49'47"W, along said North line, a distance of 64,06 feet to the POINT OF BEGINNING; thence S,02'16'01"E" a distance of 334.71 feet to its intersection with the South line of the South 1 /2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1/4 of said Section 34; thence N,89'49'11 "w, along said South line, a distance of 46,04 feet; thence N,02'16'01"W" a distance of 20.02 feet; thence S.89'49'11"E" a distance of 41.04 feet; thence N,02'16'01"W" a distance of 314,69 feet to its intersection with the North line of the South 1 /2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1 / 4 of Section 34; thence S,89'49'47"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING, Containing 2,492,90 square feet or 0,0572 acres, more or less, NOTES: 1, This is not a survey, \'c~ o o .- ........, \ ..J <( Z <( U \ .- ~J 0> .- LO I 0:::: 0> U 0:::: I ~ \ Y I I 1 I \ \ LINE TABLE LENGTH 64,06 334.71 46,04 20,02 41,04 314,69 5,00 BEARING N89'49'47"W S02'16'01"E N89'49'11"W NOZ16'01"W 589'49'11"E N02'16'O'''W 589'49'47"E 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being S 02'16'O'J" E, Florida State Plane Coordinates NAD 83/90, East Zone, 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. q -J.-q -O;} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 N [ 25 50 100 GRAPHIC SCALE PROJECT NO,: 65061 PARCEL NO, : 731 Wi_MiIlBi.-'~- I'lIulnIIrI ' ~ ' EccIoGI* ' /NwfIn ' I..MldIctpe ArcIIrecfr ' ~ Caldllllll WIlIon.Wlw', h:. ,."., , Fcrl"" , ... ' ....... ' r.,. -_~UtJll) .__ RriiI,.. 'I'l\n ......",., 1llHfHlJ. .... 1IIIIUIll:IlIII_ Sap 23, 2003 - 10:56:42 tollAMUREIX:\SUR\N6015\951ad100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION 09/200J PROJECT NO.: N60T5-005-000 FILE NO.: 2L-812 SHEET NUMBER, 7JT OF XXX I -L214-\!pF: hI I ~ I I () I ex:. <i z <{ o I ~ I ex:. I ; I U ~ I I EXHI~rr-A_ Page!&.'~ FEE SIMPlE INTEREST CDN PROPERTIES O,R, BOOK 3004, PAGE --------------------------------------- o ~ ~ a:::: ~o o .- -..- of,' L217 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 Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O,R, Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: 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 line of the Southeast 1 / 4 of Section 34, a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S,02'16'01"E, along said right-of-way line, a distance of 669,43 feet to the POINT OF BEGINNING; thence continue S,02'16'01"E. along said line, a distance of 334,72 feet to its intersection with the South line of the North 1 /2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1 /4 of Section 34; thence N,89'49'47"W, along said South line, a distance of 60,05 feet; thence N.02'16'01"W" a distance of 334,71 feet to its intersection with the North line of the North 1 /2 of the South 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of Section 34; thence S,89'50'22"E. along said North line, 0 distance of 60,05 feet to the POINT OF BEGINNING, Containing 20,081,46 square feet or 0,4610 acres, more or less, LINE L214 L215 L216 L217 L218 L219 LINE TABLE LENGTH 100,09 669.43 334,72 60,05 334,71 60,05 NOTES: "r", \ I .- LO (j) \ \ BEARING N89'51'33"W S02'16'01"E S02'16'01"E N89'49'47"W N02'1 6'01 "w S89'50'22"E 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone, 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. 3M , 25 50 100 GRAPHIC SCALE DAVID""J,,~ ',' P ,<A, (FOR THE FIRM) FLORIDAl,.1 ,-; NO. 5834 ll-;JJ}-{fj--_ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO,: 65061 . PARCEL NO. : 132 Wi_Mllle,..'W- I"ItInrten . ~ . Ec%gIIII . an.,.m . ~ ArtN8cIt . 7l'InlIpclrlIll CMd4nIr MfllonA4rer, m '*'*' . I'm"'" . ..... . IhcIIlll:rt . TIIFt 3IJJ_~"JDl ....Ftrtal3fINII1.1'1w ~.Ftr JIlH4H7t. w.HIt..........._ Sap 24, 2003 - 14:17:05 MLAMUREIX:\SUR\N8015\951ed100,dwg 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESC~pnON 09/2003 PROJECT NO,; N6015-005-000 SHEET NUMBER, 132 OF XXX FILE NO.: 2L-812 I ,.- I ' I \ ~\LJ I~ I I I ---------------------------------------------L224----\ 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 Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O,R, Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: EXHIBIT ~ P8geK~ ------------------------------------------- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) CDN PROPERTIES O,R. BOOK 3004, PAGE 660 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 line of the Southeast 1/4 of Section 34, a distance of 1 00,09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S,02'16'01"E. along said right-of-wC'y line, a distance of 669.43 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N,89'50'22"W. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING; thence S,02'16'01"E., a distance of 334,71 feet to its intersection with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N,89'49'47"W. along said South line, a distance of 5,00 feet; thence N,02' 16'01"W" a distance of 334,71 feet to its intersection with the North line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S,89'50'22"E, along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 1,672,04 square feet or 0,0384 acres, more or less, ,p. . .~ (FOR THE FIRM) NO, 5834: t>; -.;}..ct -cr3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PRo.JECT NO,: 65061 "AReEL NO, : 732 Wil_"iller."~- PIiImw't . ~ . Ec%QIIII . ~ . l.ltndIc:.Ipe An:tI<<:tI . ~ CcrIdInIit ~re /ipIIr . 1'lrI"'" . IilInI* . IhiiriII . r.. ___alt. ',....,ArilI__ .1'IIcnI........Fu 1!H4H1I. ........._ Sep 25. 2003 - 15:03:09 MlAMUREIX:\SUR\N8015\95111d100.dwg 09/2003 r N N -" L220 I lO'IF t;\ I ~ \ I c) I a::: --l <( z t5 .:::,.... L226 L222 P,O,B,~ \ o ~. q a::: \ \ o o ,.- LO en r r N N N N (J1 LN ,.- ......,., \ \ LINE L220 L221 L222 L223 L224 L225 L226 LINE TABLE LENGTH 100,09 669.43 60,05 334,71 5,00 334,71 5.00 BEARING N89'51'33"W SOZ16'01 liE N89'50'22"W S02'16'01 liE N89'49'47"W NOZ16'01"W 339'50'22"E NOTES: 1. This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted, 5, 6, 7, 8. 9, 10, ROW represents Right-of-Way, P.O,B. represents Point of Beginning, p ,O.C, represents Point of Commencement. O.R, represents Official Records, L.B,E, represents Landscape Buffer Easement. U ,E. represents Utility Easement. N I ! 200 COLLIER COUNTY DEPARTMENT OF TRANSPORT A TION SKETCH && DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUl.4BER: 732 OF XXX fiLE NO.: 2L-812 NOEXH1Bi-rE;\OUTHEAST 1/4 ~ Pagf..QL of_~ CON PROPERTIES O,R, BOOK 3004, PAGE 660 LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and geing a portion of those lands descri.bed in O,R. Book 3004, page 660, of the Official Records of Collier County. Florida, being more particularly described as follows: 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 line of the Southeast 1 / 4 of Section 34, a distance of 1 00,09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard) and the POINT OF BEGINNING; thence S,02'16'01"E, along said Westerly line, a distance of 669.43 feet to its intersection with the South line of the North 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of Section 34; thence N,89'50'22"W, along said South line, a distance of 60.05 feet; thence N,OZ16'01"W" a distance of 669.41 feet to it intersection with the North line of the Southeast 1 /4 of Section 34; thence S,89'51'33"E. along said North line, a distance of 60,05 feet to the POINT OF BEGINNING, Containing 40,162.62 square feet or 0,9220 acres, more or less. ,.P, ,.M: (FOR THE FIRM) FLORIDA ~L1 . NO:. 5~t34 ii -d.- q+Q)'" ..~(DATE SIGNED) NOT VALID WITHOUt THE SIGNATURE AND THE ORGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 FEE SIMPlE INTEREST L229 NOTES: F ~ q e:::: I I n a:::: I I I I \ <i z <( ~~ \ ~ \ ; : ~ I U I ~~ \ \ 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C.R, 951) being S 02"16'01" E, Florida state Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are per .,p';:Jt.. 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. LINE L227 L228 L2Z9 L230 L231 LINE TABLE LENGTH 100.09 669.43 60.05 669.41 60,05 BEARING N89'51'33"W SOZ'16'01"E N89'50'Z2"W NOZ16'01"W S89'51'33"E PROJECT NO,: 65061 PARCEL NO, : 1.3.3 Wi_ltfiller...~- I'lInnwI . ~ . EcGIollIIIfI . anw,.n . I..lIndIcIpe An:Hl<<:tI . 7l'InIpa1d:rI CaIdInIJ WIIon.Wrer, he. ""., . Art_ . .... . ..... rllJll UXl_~ UtP ..... ArilIMlHIIlt .I'fln ~ . Fu JIIHOoflII. IIWl<<t ......._ Sep 25, 2003 - 15:03:09 MLAMURElx:\SUR\N6015\951ed100,dwg N I o 25 50 100 GRAPHIC SCALE ; 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 133 OF XXX FILE NO.: 2L -812 . .-...-........:.- . L236 F . .,~ .l",'"," I I n n \ r-:- 0::: ~ \ .-oJ q <( 0::: I. ~ \ \ u \ 0 0 .- .- 10 "-/ m .- 10 0::: m u I 0::: () I \ ~ I I :RT~ L: OF THE SOUTHEAST 1/4 ~ EXHIBIT Page L) of.1\ 0 CDN PROPERTIES O,R, BOOK 3004, PAGE 660 r r N N .. VI VI ,(J1 0J TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 ot' the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and~eing a portion of those lands descri,bed in O.R', j Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: ------------------------------------------------- ----- Commencing at the East 1/4 Corner of L234 Section 34, Township 48 South, Range 26 NOTES: East; thence N,89'51'33"W, along the North line of the Southeast 1 /4 of Section 34, a distance of 1 60,14 feet to the POINT OF BEGINNING; thence S,02'16'O 1 "E" a distance of 669.41 feet to its intersection with the South line of the North 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of Section 34; thence N,89'50'22"W, along said South line, a distance of 5,00 feet; thence N,02'16'01"W" a distance of 669.41 feet to it intersection with the North line of the Southeast 1 /4 of Section 34; thence S,89'51'33"E, along said North line, a distance of 5,00 feet to the POINT OF BEGINNING, Containing 3,344,05 square feet or 0.0768 acres, more or less. \ \ \ I I \ I I \ 1, This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being S 02"16'01" E, Florida State Plane Coordinotes NAD 83/90, East Zone, 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. if r JJ?--C; J (DATE SIGNED) LINE L232 L233 L234 L235 L236 LINE TABLE LENGTH 160.14 669.41 5,00 669.41 5,00 BEARING N89'51'33"W S02'16'01"E N89'SO'22"W NOZ'16'01"W S89'51'33"E NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 3M I 25 50 100 GRAPHIC SCALE I 200 o PROJECT NO.: 65061 PARCEL NO, : 7JJ Wi.""18r."~- f'IIMln ' ~ . EcoIoQlIfI .lUwJIIn . I..II1dIIc:4'It Arr:tI<<* . ~ Caldn WIlIonWer, t1c. '*'*' ' Fcrl.... . ..... . lh**rI . T.. aa:>>....,Ln.8It1>> ''''''A:ria3aC ./'fllnt ~,"" 1IHfHlf. ..".. ...........clIII Sap 25, 2003 - 15:03:09 MlAMUREIX:\SUR\N6015\951Bdl00,dwg COLLIER COUN1Y DEPARTMENT OF TRANSPORT A TION SKETCH & DESCRIPTION 09/2003 PROJECT NO,: N6015-005-000 SHEET NUMBER: 733 OF XXX flUE NO.: 2L -812 ~g~~~~ m FEE SIMPLE INTEREST South 1/2 of the South 1/2 of [the Southeast 1/4 of the , '~,' orthea,st, 1/4 of Section 34 WOLF ROAD (OCCUPATION) - . , 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 land~,' 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 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 Road 951 (Collier Boulevard); Thence continue along ~aid line North 89'51'33" West 75,07 feet to the POINT OF BEGINNING; Thence continue along said line North 89'51'33" West 363,12 feet; Thence North 00'08'27" East 30.00 feet; Thence South 89'51' 33" East 361,87 feet; Thence South 02" 15'04" East 30.03 feet to the POINT OF BEGINNING. Containing 0,25 acres or 10,874,90 square feet, more or less, (f5~' i i.,1t .. . DAVID J.'HY~' :; P,S;. . ( FLORIDA.lIC,;NQ. 5B;?4"., , 3-~ 1-'-'f}1'_~;.. ,;,.' ,,'(DATE SIGNED) .. ~, .~ . NOT VALID WITHOUT 1'HE SIGNATURE AND THE . ORGINAL RAisED' SEAL OF A FLORIDA LICENSED . SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 Pi\RCEL NO. : 1J4A Wi/.,MII/el" ".'w_," PfRnnfl(' Engill.e~ fCOlogislll' Surveyor,~' LundscApRArchitocl. ;,all.pona/ion COllsllllnnl. WilsonMillei. Inc, Nap!.. rO<llly,.~. Sst~ro~, 'B",4en1lNI l<impe 32CilBIIi!.yl""'. Stil, 2011 Nap/,~ Fkl{iJll1410l.8"~7. PllO/l' m.6jg../QolO .a< m 643-5;16 Ill,/> Sil' "w'w""nmi~" "'''' Mar 24, 2004 - 13:08:44 MLAMUREIX:\SUR\N8015\951 IId1 OO,dwg \~ \ ~ q a:: IIOf N89'51 ' 33"W 363,12' N89'51'33"W 75,07' N89'51'33"W 1 00,09' I I I ~ \~ \ 0'> 0 . I c.i I ~ ,= 5 \ 4! ! ~ ~ L- ~ 8 [I) l{l o I-:::>~ :...J...Jo.. iDe.> ffi 0 o rr> Z ai ~ tL P,O,B, ..- 1.0 0'> P,O.C, I East 1 j 4 Corner of Sec~ion 34, \ Towns1ip 48 South, Range 26 Eost \ \ NOTES: 1, This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations ond restrictions or record, 4. Easements shown hereon are per plat, unless otherwise noted, 5, ROW represents Right-Of-Way, 6. P.O.S, represents Point of Beginning, 7. P,O,C. represents Point of Commencement. B. O,R, represents Official Records, 9, L.B.E, represents Landscape Buffer Easement. 10, U ,E. represents Utility Easement. N 1 o eo 100 200 GRAPHIC SCALE 400 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION t~: ' SKETCH & DESCRIPTION 03/2004 PROJECT NO" N6015-005-000 filE NO.: 2L-812 SHEET NUMBER: 34A OF XXX EXHIBIT -LL-, Page_ 5D ot..8Q WOLF ROAD . (OCCUPATION) . '~j' ]Q1.!F~ ~L o Vlf'..:l 0-" . U1 o - VlO "-t>- ~ :E N89'51 '33"W 75.07' N89'51'33"W 1 00.09' \~ \ hOF ',~ ~ '..', I I . 0 ci I I 0 h \ 0 ..- '-.../ .... l!) 01 0 ~ ~, .- I ci '"*" I I -I lD <( I"'l Z 8(l)~ <( U I-:::l~ ;..J...Jo... ..- iiiu LO ffi c5 01 C I') ~ ai a.: FEE SIMPlE INTEREST South 1/2 of the South 1/2 the Southeast 1/4 of the Northeast 1/4 of Section 34 " 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. P.O.C. I East 1/4 Corner of Sec~ion 34, \ I Towns1P 48 South, Range 26 East I \ I NOTES: . 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. V.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' N10'46'27'W C15 177.00' 30'42'06" 94.84' 48.59' 93.71' NOS'20'18"W C16 25.00' 60'23'47" 26.35' 14.55' 25.15' N21'11'09"W cn 62.00' 3'12'20" 3.47' 1.73' 3.47' N52'59'13"W C18 25.00' 128'28'56" 56.06' 51.81' 45.03' N64'22'30"E .(DATESIGNED) NOT VALID WrTHO\;l.'f'THE SIGNATURE AND THE ;ORGINAL RAISED, SEAL' OF A FLORIDA LICENSED , SURVEYOR AND MApPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PAACEl NO, : 1348 Wil.Mille,"."'_. Plann",. EnglnBAM Ewlnglsl,. Surv~yors. Lnndocope Ard,it~cls J<onsporlolion Consul/onl" WilsonMUler, Inc. N.pi<< rl11 Myc~' 5'ralG~ 'Brill!enl~1 rempa 32008rnTcylilllll, Sulle2O!1 Naples. Fkliidn3HOS.8507, PI,OIIf mf>4g-40'& ;ar 239-643.5;16 I\\)/J.Site "\~.l\'lsonmmer,om N [ 50 100 200 GRAPHIC SCALE j~ 400 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 03/2004 PROJECT NO.: N6015-005-000 SHEET NUMBER: 48-1 OF 2 FILE NO.: 2L-812 lar 24, 2004 - 13:06:44 MLAMURE!X:\SUR\N6015\9511dl00.dwg EXHIBIL A Page-5l or:tE -.;;;.. - lOF 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 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 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 1 00.09 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 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 10'46'27" West 18.94 feet to a point 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 30'42'06'" 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" subtended by a 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 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 bears North 52'59'13" West 3.47 feet; Thence North 38'36'58" East 50.10 feet; Thence 56.06 feet along the arc of a non-tangential circular curve 'concave northwest 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 the Northeast 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. .\A Containing 2,55 acres or 111,204.38 square feet, more or less. NOT VALID WITHOUT SHEET ONE OF TWO PROJECT NO.' 65061 I PARCEL NO. : 1348 Wil.Miller'".'"..' PlAnners Englrtee7ll Ecolaglslflo SVlVeyoffl' LondsCIlpe Archilec!! ....n,porlaUon Consl/ltanls WUsonMiller. Inc. lI,pI.. FatA/relS' S.ra"~ ,SIOaen/a. itlmpe 3200 DR/loy I,"" Soh. 201l 1I'fJ/'~ flaM. 34105851J1 , Pi"",. m,649-4040 ;a< 239043,5716 Wol>-S,:...w "dso,mP"rcmll COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION . ~i''''. 03/2004 I PROJECT NO., NBO 15-005-000 ~:~~2 ~:BE~ I f12L.~812 4ar 24, 2004 - 13:06:44 MlAMURElx:\SUR\N6015\95111d100.dwg eXHIBIT Pig. () FEE SIMPlE INTEREST South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34 hI ~ q 0::: . . - .. - . . - . . - . . (~g~~p~~~~) 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 Record~ of Collier County, Florida being more pa~ticuarly described as follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N 89'51 '33" W along the South line of the Northeast 1/4 of said Section 34, a dista nce of 100.09 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard) and the Point of Beginning; thence continue N 89'51'33" W along said 1/4 section line a distance of 75.07 feet; thence N 02'15'04" W, a distance of 334.80 feet to a point on the North line of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S 89'51'58" E, along said North line a distance of 75.07 feet to its intersection with the westerly right-of-way line of County Road 951 (Collier Boulevard); Thence S 02' 15'04" East, along said westerly right-of-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 .- 0< q -()(./ (DATE SIGNED) f , NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED S!::AL' OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 REVISED PARCEL NO. - 03/29/04 REVISED PARCEL - 03 23 04 PROJECT NO.: 65061 PAACEL NO. : 1J4C Wi'.Mille" "''''-" f'lannllfs Englneel'fl EGoIlJ9!$~ SU"'8Yo(.~, LandsGIlP'l ArchiI8GL~ Jironspar/aUon Consu/lanls WilsonMi/ler. Inc. II>/.~eo Ftxl Mj'6I5' Sarasolil ,e",den/ol) 'f8mpa 32IJO 8aJJey !soo, Sulto 2IJ() NaPOs, FIot1da 34 r05-8jiJ/' Ph"", 239.649-4040 .ax 239.643-5116 Wcl>-Sd.""w o;/son",!!/.""", Mar 24, 2004 - 1:5:06:44 MLAMURE!X:\SUR\N6015\951l1d100.dwg N89'51'33"W 75.07' N89'51'33"W 1 00.09' \ lOF .0 o ..- ........, I I n\ o I Ii I I <i I z <( u .- ~ ~ o (/) U(l)w I-:::l~ ;..J...Jo... iiiu ffi c5 ,0 I') Z ai ~ a.: ..- LO 01 I P.O.C. I I East 1/4 Corner of Sec~ion 34, \ I Towns1P 48 South, Range 26 East I \. \ I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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 Beginnilig~ 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. N I 100 200 GRAPHIC SCALE 400 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION 09/2003 PROJECT NO.: NB015-005-000 SHEET NUMBER: 34C OF XXX FlLE NO.: 2L-812 EXHIBIT~ PageQ~ ~,t;, "3~' NOTES: ,,~ ,~'" ,~~ rvtb ~:P CO . ~ 't: 1. This is not a survey. =>ERPETUAl. NON-EXCLUSIVE DRAINAGE EASEMENT S' 1..'>,;, ...rS..?.s- '7...r?..?(- c ~ South 1/2 of the South I r:i N 1/2 of the Southeast u o 1/4 of the Northeast -~1/4 of Section 34 (1 t-J .f>. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida state Plane Coordinates NAD 83/90, East Zone. 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.8. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. loB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. CURVE C19 C20 C22 C23 C24 C25 C26 C27 C28 C29 RADIUS 87.00' 62.00' 25.00' 177.00' 50.00' 40.68' 40.00' 250.00' 87.00' 63.00' CURVE TABLE DELTA LENGTH TANGENT 39'32'10" 60.03' 31.27' 38'28'57" 41.64' 21.64' 60'23'47" 26.35' 14.55' 30'42'06" 94.84' 48.59' 21'49'48" 19.05' 9.64' 28"37'50" 20.33' 10.38' 63'36'37" 44.41' 24.81' 19'39'09" 85.75' 43.30' 25'04' 35" 38.08' 19.35' 47'12'29" 51.91' 27,53' .. C::>r:;') :~' ck/rJt. ',;., DAV!D ~;, H#'M' P... \, THE FIRM) FLOR,IDA, Lie, l/,t', O. ~e34 J~',:26 ::" t-~'(.f '(DATE SIGNED) NOT 'VALID WIThiOUT.THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ROJECT NO.: 65061 PAACEL NO. : 834 Wi'.Millef.....""-" Plann"'. EngInB.'" Ecolngi<l... SIIrvoyor,'" land.cop.Architecffi knnspl)(lalio(l COflsllltnllf< Wils0f7Miller. Inc. lIapi.. FOIl My'''' S."sota '/lr.ld!n1011 """,S 32008Ili1oyltme, Swln2rJ(; l/epI,~ Florida :i4105,85IJI, P/lOI1e 2391i494WO ;" 239.rJ.1J.5116 Web-Site .1I'M'''"''I1I1Jmer'~1J r 24. 2004 - 13:06:# MLAMUREIX:\SUR\N8015\951Ild100.dwg 03/2004 CHORD 58.85' 40.86' 25.15' 93.71 ' 18.94' 20.12' 42.16' 85.33' 37,77' 50.45' \~ \ ~ o ci \ 10 I I ~ n \ 01 0 I ci I ~ z (3 ... ~ ~ 8 ~ (l)l.!l ':J::l< _...Jo. rIle) ffi c5 o I') '~ ai ", a.: .... LO en N89'51 '33"W 1 00.09' P.O.C. I East 1/4 Corner of Sec~lon 34, I Towns1P 48 South, Range 26 East CHORD BEARING N70'21 '56"E S70'37'31"E S21'11'09"E S06'20'18"E S10'46'27"E N 14'27'22"E N60'34'35"E N82' 33' 19"E N85'16'03"E N74'12'06"E COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 34-1 OF 2 FlLE NO.: 2L-812 EXHIBIT-L.. pageSt, of--E.Q PERPETUAL. NON-EXClLlShl f: DRAINAGE EASEMENT 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 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 Road 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 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 a central angle of 1 9'39'09" subtended by a chord which bears North 82'33' 19" East 85.33 feet to a point of reverse curvature; Thence 38.08 feet along the arc of a circular curve concave south, having a radius of 87.00 feet through a central angle of 25'04'35" subtended by a chor;-d which bears North 85'16'03" East 37.77 feet to a point 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 47' 12'29" subtended 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 a radius of 87.00 feet through central angle of 39'32' 1 0" and being subtended by a chord which bears North 70'21 '56" East 58.85 feet; Thence South 89' 51' 59" East 1 20.00 feet; Thence 41.64 feet along the arc of a circular curve concave south having Q 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 a circular curve concave west having a radius of 25.00 feet through a 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 a circular curve concave east, having a radius of 177.00 feet through a central angle of 30'42'06" subtended by a chord which bears South 06'20'18" East 93.71 feet to a point of reverse curvature; Thence 19.05 feet along the arc of a circular curve concave west, having a radius of 50.00 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 VALID WITHOUT SHEET 1 OF 2 PROJECT NO.: I PAACEL NO. : 65061 834 COLLIER COUN1Y DEPARTMENT OF TRANSPORTATION Wi'.Mille"."""-' Plann",s Engln..,.. Eci?logl../... Survnyor.., LnndscapB ArC/lilacls ",ansporlelion Consllll"nl" Wilsol1Miller. fl1c. I//I(t.. FatMyerp S.'~scl. 'Braclemorr "'"'P' 32c'O gNl"t l.ne, Si1ka m 1/iJpI... FiorhIa 34 los,~'I)7 ,PI,ena 239-6494040 Fa, 2.19.643-5716 I'/M-Sifo Kl\W,IVIIs,"mill,lf,"," SKETCH & DESCRIPTION 03/2004 I PROJECT NO.: N8015-005-000 ~;~::r2 ~~9ER~ I f'2L'=-812 Dr 24, 2004 - 13:06:44 MlAMURElx:\SUR\N6015\951sd100.dwg lOF EXHIBIT A Page 55 of.1.<<:L FEE SIMPlE INTEREST WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 LEGAL DESCRIPTION A portion of the North 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 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more particualrly described as follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range' 26 East; thence N.89'51'33"W. along the South line of the Northeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02'15'04''W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1 /2 of the South 1 /2 of the Southeast 1 / 4 of the Northeast 1 / 4 of said Section 34 and POINT OF BEGINNING; thence N.89'52'03"W. along said South line, a distance of 65.06 feet; thence N.02'15'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1 / 4 of the Northeast 1 / 4 of said Section 34; thence S.89'52' 43"E. along said North line, a distance of 65.06 feet to its intersection with the Westerly right-of-way line of said County Road 951; thence S.02'15'04"E. along said right-of-way line; a distance of 334.80 feet to the POINT OF BEGINNING. Containing 21,763.18 square feet or 0.4996 acres, more or less. , P. " . '(FOR THE FIRM) NO. 5834 CJ~J- C( ~() J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO" 65061 PAACEl NO, : 135 W1_lfille'.-'~- 1'Itmtn 'l!JWjWn , f5t:dtJQ/ID , an.,tn , I.MIdJcIpt ArrNeelI ' ~ CaUInIr ~, tic. ""., , F/rt.... ' .... ' thdirIIbI. rMlll -_u.. u,. '... FIriIIl,..." .I'IJa ...... ,"" 1fHfHlI' IlWl-lIIt ..........._ Sap 23, 2003 - 15:05:02 t.flAMUREIX:\SUR\N60 15\951ad 1 OO.dwg I I I lOr I h \ ~ o 0:::: -I <( Z <( U I I \ \ o o ..... l!) 0> ..- --- I ~ I ci I 0> ' 5 \ W L-J, I I --,=-jl1L-~---l P.O.C. \ LINE L178 L179 L180 L181 L182 l183 LINE TABLE LENGTH 100.09 334.81 65.06 334.79 65.06 334.80 BEARING N89'51 '33"W N02'15'04"W N89'52'03"W N02'15'04"W S89' 52' 43 "E S02'15'04"E NOTES: 1 . This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02' 16'0 1" E, Florida State Plane Coordinates NAD 83/90, East Zone. 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. N o 2:1:10 100 GRAPHIC SCALE j 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION 09/200:1 PROJECT NO.: N6015-005-000 FILE NO.: 2L-812 SHEET NUMBER: 1:15 OF XXX L189 I I I I 10F~ hI L ~ o r:- ~ ~ \ 0 \:ci ~ z: 4: RO U o ...... I'::' ~ I I ~ I ~ I P.o.s\ U LJ L186 I I I ---------------------------------------------L18i---~~ I I ~ \__LHi4-___~ \ \~ LINE TABLE LEN GTH 100.09 334.81 65.06 5.00 334.79 5.00 334.79 TEMPORARY CONSTRUCTION EASEMENT (DURAnON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) I I I WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 r r -" -" ex> to ex> 0 LEGAL DESCRIPTION A portion of the North 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 Eas~, and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more .particualrly described as follows: LINE 1184 L185 L186 L187 L188 L189 L190 BEARING N89'51'33"W N02'15'04"W N89'52'03"W N89'52'03"W N02'15'04"W S89'52' 43"E S02'15'04"E Commencing at the East 1 / 4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51' 33"W. along the South line of the Northeast 1 / 4 of said Section 34, a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02'15'04"W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1 /2 of the South 1 /2 of the Southeast 1 / 4 of the Northeast 1 / 4 of said Section 34; thence N.89'52'03"W., a distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.89'52'03"W. along said South line, a distance of 5.00 feet; thence N.02'15'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1 /4 of the Northeast 1/4 of said Section 34; thence 5.89'52' 43"E. along said North line, a distance of 5.00 feet; thence S.02'15'04"E.; a distance of 334.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. NOTES: 1 . This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02' 15'04" E, Florida State Plane Coordinates NAD 83/90, East Zone. 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. ( DAVID J. H't . P. .', (FOR THE FIRM) FLORIDA LI . NO..5B34 q r ;.q -03 (DATE SIGNED) W I o 25 50 100 GRAPHIC SCALE . NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 200 PROJECT NO.: 65061 PAACEl NO. : 735 .,.,Mille,..'- AImerJ ' ~ ' Ei:cIcgIIfI ,MtIyIn , /..mdIt:IfIe AI'l:HtectI ' 7I'Inlpt.rfa/b1 CaIlIbnIiJ WIIonMJer, tic. ,.,., , Flri..... . .... ' hWIJ. T.... mJ_~8ilfJrl."'fbtillG'HllI1'/'IIlrIt ~,,., 1IIH4H1rI..... ........_ Sep 23, 2003 - 16:05:02 I.lLAMUREIX:\SUR\N6015\95hd100.dwll COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/200:1 PROJECT NO.: N6015-005-000 SHEET NUUBER: 7:15 OF XXX flLE NO.: 2L B 12 ~ Page~ of_ U) ~ co C'\J f'-,. W tr) ~ tr) 'Z :>1 ~ C) -If) z lLJl") - o::tr) '" wO ::r: ::)U') ,~ 00:: ~lLJ :) :58 zc) 0 QlLJ w<( U) 0:: :>0... eX) t:C) I- z...f' ~ ~z -C'\J Q ~- 00) ::)0 ~C'l - U)~ ::r: ~~ U) Q Z ~g 3: 2 0:: en lLJ ~, ~ ~o:: tr) ~o z o i=:: () TEMPORARY lL.J CONSTRUCTION EASE U) (DURAT1ON: 3 YEARS F COMMENCEMENT or CONS LEGAL DESCRIPTION A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being a portion of those lands described in O.R. Book 2924, Pages 335-337, of the Public Records of Collier County, Florida, being more particularly described os follows: Commencing at the Northeast corner of Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence N.89'55'30"W., a distance of 1 00.15 feet to a point on the Westerlyr-ight-of-way line of County Road 951 (C. R. 951); thence S.02'15'04"E. along said Westerly line, a distance of 669.62 feet; thence N.89'54'27"W., a distance of 65.05 feet; thence S.02' 15'04"E., a distance of 628.88 feet to the POINT OF BEGINNING; thence continue S.02'15'04"W. along said line, a distance of 111.00 feet; thence S.87'44'56"W., a distance of 36.00 feet; thence N.OZ'15'04"W., a distance of 111.00 feet; thence N,87'44'56"E., a distance of 36.0 et to the POINT OF BEGINNING. Contai ng ,996.00 square feet or 0.0917 acre , m e 0 Ie AMDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA Lie. NO. 6065 A:::J/zOj; 3-- _ (DATE SIGNED) / I NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PAACEl NO. : 739 Wi'_Mille'..'~- PIInnIno' ~ ,~, ~,~ArctIIId1I' ~ CaldllD WIIonWIer, he. _ ' F<<I,.." , lInIliI ' haIlDI ' r.,. _.,'- Utll>> ,,....A:rt.iWJHl11 '1'Itn ~ ,FIr 1/H4HlI' IIi6-lIr ......- Sep 25, 2003 - 15:03:09 MLAMUREIX:\SUR\N6015\951.d100.dwg LINE L287 L288 L289 L290 L291 L292 L293 L294 ) 10/2003 10 I ~ \ I I ---Ci87---~C. I NORTHEAST I r CORNER ...: .,.~ SECTION 34 ()) I I I I I h I L289 \ ~ o ~ I :J. ~ U I o I.... o l!) I ~ \ ~ 0; I ~ ULj \ I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. 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. LINE TABLE LEN GTH 100.15 669.62 65.05 628.88 111.00 36.00 111.00 36.00 BEARING N89'55'30"W S02'15'04"E N89'54'Z7"W S02'15'04"E S02'15'04"E S87'44'56"W N02'15'04"W N87'44'56"E N 11 25 50 100 GRAPHIC SCALE 200 o COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION DRIVEWAY RESTORATION EASEMENT PROJECT NO.: N6015-005-000 SHErr NUMBER: 739 OF XXX FILE NO.: 2L -812 \ \ \ \ Tract "A" \ \ CAMDEN COVE PLAT BOOK 39. PAGES \ \ 24-25 ~ L. L~, B.E. NORTH LINE OF SECTION 34, TOWNSHIP 48 S, RANGE 26 E RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 S 89'54'58" E 60.05' NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 PARCEL 140 N 89'54'27" 60.05' (/) w () w<( >0... · 0 . pu~~ ......z \ uw:"::-.t aeON '-:;:EO t-<(lD U ~ 0... (J) r--- -<t t") t") 3= -<t o l!) ~ N o z \ I \ I II II \ I II : I ~ .1 G' ~rJ o o I + . IX.) r-- r~ <D 0> NO [;>0 t'. I"'~ f""'--f'.... (''''1'- ~ ,0 ~ ~ Z <C u o o +. lO r-- t'. o o +'. ,I) "., I'. POB o <:> :to r--, I', o o ~1- __ '" r' r.. 0 <:1 + C'-t "- r~ ~ 0 ~ 0 0 0 0 + ..-i ;:: r--, ---- ..-i LO m ~ 0 0 +.. U 0 "" '--' I' ..-i LO m ~ o ~ ~ E-< Z ;::J o u o (') +.. ()) ," I' o o +,. (Xl '" r-- PROJECT NO.: 65061 PARCEl NO. : 140 Wi'_Millei'--'~~ PIInnerI ' ~ ' EcoIori* ' &lwycn , ~ ~ ' rrl/lfpClf1l11an CclnIILill/ltl WiIBonMIl/er; Inc. ,.,.. , Fa1 ~ ' SIruaiI . IhtWlI1 . T..... 3iW_~lUIav 'IiIpII,RriIIl'" 'FItn ZlH4HUD'''''' aH4HlII. ~ m.....CllIIt JUi 11, 200:3 - '10:29:38 KTHOMPSOIX:\SUR\N6015\851sd100.dwg EXHIBIT~O' Page.QR. of . + N ~ III n 50 100 GRAPHIC SCALE ~ 200 lOF I FEE SIMPLE 0 INTEREST NOTES: ..-i LO m 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. 11, BE represents Buffer Easement. 12, P.U .E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. ~ U DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1191, Pages 1706-1707 of the Official Records of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Tract "D", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being the a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 02" 15'04" East, along the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet to the POINT OF BEGINNING; thence South 02" 15'04" East, along the Westerly right-of-way line of County Road 951, for a distance of 334.79 feet; thence North 89'54'27" West, for a distance of 60.05 feet; thence North 02'15'04" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951, for a distance of 334.79 feet, to a point located on the North line of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4; thence South 89'54'58" East, along the North line of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4, for a distance of 60.05 feet to the POINT OF BEGINNING. Containing 0.46 acres, more or less. Fee SIMPlE INTEREST OR THE FIRM) 7-/5.-()J (DATE SIGNED) CLIENT: NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TITLE: SKETCH && DESCRIPTION DATE: 07/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 40 OF XXX FILE NO.: 2L-812 II \ I 1\ \ I \ I Tract "A" \ \ CAMDEN COVE PLAT BOOK 39, PAGES ' 24-25 I \ ------ S89'SS'27"E -1 50.0~ L1-;:-B.;- NORTH LINE OF SECTION 34, TOWNSHIP 48 S, RANGE 26 E RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 PARCEL 142 a I- U <::( ~ - 20' -10' .E. .U.E. \ I II 1\ \ I Vl W " w<l: >Q.. : 0 " pu~~ ....z ,,,. I uw....'<t EoON I-~o <tCD Or-, ~ Q.. SOUTH LINE OF THE NORT1H/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 N89'S4'S8"W 50.0S' RUBEN A. & ROSAW. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 EXHIBfT I Pa98.:: 59. of I() I ~ ~ ~ ~ u ~ 0 ~ 0 0 ~ -- ~ \ LD 0') ~ u '-'" ~ LD 0') ~ 0 ~ ~ :::> 0 u \ \ REVISED 10-13-03 - REVISED DESCRIPTION PROJECT NO.: 65061 PAACEl NO. : 142 Wi.Mille'..~- I'IwNfI . ~ ' &cl/clgWII , ~ ' ~ An:IlIKlI ' TtInlplrIabJ CcnWntI WI8onMIer, tic. .... ' FaI..... ' .,..". , ltIlid:vI ' TIIpI "_I.n\ a.1I1J .,.,.1btiI SfI1Hl1l .1'bIJrI ~ . Fa J'iHOft' JIIIHIf ........._ Sep 25, 200J - 15:0J:09 MLAMUREIX:\SUR\N6015\9511dl00.dwg 4 N I 110 100 GRAPHIC SCALE lOF I 200 25 FEE SIMPlE 'NTEREST ~ LD 0') ~ u NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida and also being a portion of those lands described in O.R. Book 1533, Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: \ BEGINNING at the Southeast corner of Tract "0", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 02'15'04" East, along the Westerly 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 the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89'54'58" West, along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a distance of 60.05 feet; thence North 02'15'04" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet; thence South 89'55'27" East, along the South line of said Camden Cove, Tract "0", for a distance of 60.05 feet to the POINT OF BEGINNING. \ Containing 20,087.70 more or less. feet or 0.4612 acres, CUENT: ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA Lie. NO. 6065 /IJJ-y6~ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TITlE: SKETCH && DESCRIPTION DATE: 07/2003 PROJECT NO.: N6015-005-000 SHEET NUIrtBER: FILE NO.: 42 OF xxx 2L-812 10~B..:l -\ POS \ \ \ I \ \ II \ I \ \ -\\ T\ \ \ \ I \ \ JJ Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 a f- o <( ~ 20' BE. 10' P. .E. Vl W Cl we:( >CL · 0 . po~~ ..... Z _,/ I ow.....~ ooON ....:::EO 1-<(00 Ol-c ~ CL I EXH'~'T A 117 ' clge. (d) .~ I ~ o I ~ I NORTH LINE OF SECTION 34, TOWNSHIP 48 S, RANGE 26 E S89OSS'27"E 5.00' z (f) 0 0 ~ ~ ..... RICHARD R. U1 U1 EXISTING YUREWITCH 0 0 O.R. BOOK 1533, ~ ~;: WEST PAGE 182 ROW LINE ~ fTl Y PARCEL 742 Vl Vl ~ ~ to N89'54'S8"W 5.00' ~ o ~ o o ..-l SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 I I REVISED --- ..-l If.) Q:) \ \ ~ u -...- ..-l 1.0 Q:) 5a o ~ ~ Z ::J o u \ ~ ~ u ..-l 1.0 Q:) , ~ u \ cr w z cr-.r Sf") ~~ t> ~~ cr 0 z I I \ \ I I I II 10/13/03 REVISED DESCRIPTION 65061 PAACEl NO. : 742 Wi'_Mille'.'.~- f"lIIIrIwv ' ~ ' ~ . an.r<<"t ' I..IndtIctIi>>ArcIlIc6r ' ~ ~ WI8onMIIr, m '*I*' ' FlIt ~ . ..... . lhdrilP ' r..,. __~.u..&rl '~ArilIIClS-B7 '1'IIn ....... 'Ftl2lH4H1ll. IlWrlIIt ........._ Sep 25, 2003 - 15:03:09 t.lLAMURE!X:\SUR\N6015\951ad100.dwg PROJECT NO.: 4 N ~.Bl~Il. ~ 50 100 :<00 GRAPHIC SCALE lOF TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 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 Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being, a portion of those lands described in O.R. Book 1533, Page 182 of the Official Records of Collier County, Florida;' being more particularly described as follows: BEGINNING at the Southeast corner of Tract "A", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 89'55'30" East, along the South line of said Camden Cove, for a distance of 5.00 feet; thence South 02'15'04" East, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet, to it's intersection with the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89'54'58" West along the South line 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 BEGINNING. ' \ Containing 1,672.70 square feet or 0.0384 acres, more or less. .k \ ANDREW B. BECK, P.S,M. (FOR THE FIRM) FLORIDA L1C. NO. 6065 /0/. yf; '1- (DATE )3IGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TEMPORARY CONSTRUCTION CASEMENT CLIENT: TlTLE: DATE: 07/2003 PROJECT NO.: N6015-005-000 SHEET NUlABER: FILE NO.: 42 OF XXX 2L-812 All R. GHAHRAMANI, M.D. ~ O.R. BOOK 1422, PAGE 0 1906 ~ 10' 0 0 ..-l -- 5' ..-l \ \ LD m CAMDEN COVE IT r:t; PLAT BOOK 39, PAGES U 24-25 \ \ ~ ..-l 0 LD \ \ m t- Vl ~ 0 w \ \ " '<C w<( 0 g:: > a... ~ · 0 . \ \ po~~ ~ +,Z~I .. ow "<t OoON Z \ \ ....:::i:O t-<((D ~ of-: 0 \ \ ::s u a... S 02'16'20" -- \ \ \ \ \ \ \ \ \ \ \ 1\ \ \ \ \ TEMPORARY CONSTRUCTION ~A..~ (DURAT1ON: 3 YEARS COMMENCEMENT OF C PARCEL 743 a t- o '<C g:: Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 ..I10~E._ T-- RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 I EXHIBIT I ~ o I ~ \ I ~ ~ U ..-l LD m , r:t; U I \ I I I \ \ PROJECT NO.: 65061 PARCEl NO. : 743 Wi'_Mille'."~- PIImn - ~ - EcGIagItlII , ~ ' l..IndtIcfpe.l.rcl*d1l ' 7l'InIporla1lM ~ ~. tic. ,. , ""'.. ' .... ' blInbt -!lip 1!lIfl_~"1(J) ._Aria~ '1fltInf IIIHfNIWJ -I'tII3H4HlJ' ~ .......- Ssp 25, 200:5 - 15;0:5;09 t.lLAMUREIX;\SUR\N6015\95hd100.dwg . o 25 4 N - 50 100 200 GRAPHIC SCALE lOF CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD CHORD BEARING DELTA C2 C3 34.53 35.14 538.00 46;.00 17.27 17.58 34.153 35.13 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15':~::.:' W, Florida Stote Plane Coordinates NAD 83/90, East Zone. 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. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of the Access Easement & Drainage Easement #1, Tract "A", Camden Cove, as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being more particularly described as follows: \ Commencing at the Northeast corner of said Tract "A"; thence South 02'15'33" East, along the Easterly line of said Tract "A", for a distance of 11.56 feet to it's intersection with the North line of said Access Easement & Drainage Easement #1 and the POINT OF BEGINNING; thence continue along Easterly line of said Tract "A", South 02'15'33" East, for a distance of 69.00 feet to it's intersection with the Southeast corner of said Access Easement & Drainage Easement #1; thence 34.53 feet along the South line of said Access Easement & Drainage Easement #1, and along the arc of a circular curve concave north having a radius of 536.00", ;'eet through a central angle of 03'40'40" and being subtended by a chord which bears North 89'56'14" West, for a distance of 34.53 feet; thence North 02'15'33" West, for a distance of 74.24 feet, to a point on the North line of said Access Easement & Drainage Easement #1; thence 35.14 feet along the North line of said Access Easement & Drainage Easement #1, and the arc of a circular 9lJrvei concave south having a radius of 469;'00 feet through a central angle of 04'17'33'~and being subtended by a chord which bears South 81'24'46'~ East, for a distance of 35.13 feet to the POINT OF BEGINNING.' . Containing or less. acres; rriore CUENT: (DATESIGNtb) i NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION DRIVEWAY RESTORATION EASEMENT TITLE: CATE: 07/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 43 OF XXX. FILE NO.: 2L-812 INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 () <( g: [ 10'. U.E, ____ . ___., ___.__ ____h Tract "A" INDIGO LAKES DRIVE 10' L.B.E. ~ I....~ ..-.."/ POC l"- I'- ta t'") t'") Tract "D-1" co f- () <c g: w All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 t'") t'") L{) N o (f) S 89'49'14" E 60.05' North line of North 1/2 of North 1/2 of South 1/2 of Southeast 1/4 PARCEL 146 All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 N 89'55'47" 60.05' 10' B.E, & P.U.E. (.) o +.." co {J) I' (;) () +", In m ~., ....:t ~ ~ U 0 0 +. " ..-I -I' L() m ,... OJ ~ U 0 0 +. t"l 0> f' o o +.. N 01 " 1 I o " + I o c> I + " 0> <'" ,... o '1.... I l!l ro t'- i ,..-... ..-I 0 LO 0 m "I.. I', to I' I ~ I (f) u W '---" " ~ w<( ..-I > a... 0 0 L() 0 · 0 . ~ +. , po~~ OJ 10 00 r--. .....z I 0-0 uW:"::.q- OOON -c:t:O ~:::!:O t-<(lD 0 ..-I 0 ~ ~ >-< Cl a... <) E-< j, ~> Z l1.l ,... :=> 0 u 9 " -I:~-=--= ,===:::::: ":""=F:::::\:::: ::" 1 0' S.U.E. 5' 20' B.E. -1 \ \ \ PROJECT NO.: 65061 PARCEL NO. : 146 Wi,.,Mille,-.-W- ,.,.",... , ~, ' Ec%gIIU , &rv.ycn . I.IIIdIcIpe Arc;N/1CII . TrlllllpOrtallon ConIlitIllI6 WDBOf1M11er. Inc. I/Ii*I ' Flrt A/tln . Bndr . ~ ' T~ -,.",~ a.1IID .~ FbilIIHtIHliD1 ."... I3H4HiIJ 'Fu 1!H4H1II' W~ -*,,*,.&QII ,J~I 11, 2003 10:29:3B KTHOMPSOIX:\SUR\NGO 15\951sd1 OO.dwg CAMDEN COVE PLAT BOOK .39, PAGES 24-25 10' () f- () <( g: \ I \ \ I \ CliENT: TITLE: DATE: 07/2003 EXHIBIT ~ Page~ of lOF FEE SIMPlE INTEREST! o 25 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. .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. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Tract "0-1" as shown on Indigo Lakes Unit One . as recorded in Plot Book 34, Pages 76-84 of the Public Records of Collier County, Florida; thence South 02'15'33" East, along the West right""':of-way line of County Road 951 (C.R. 951), for a distance of .336.77 feet to it's intersection with the North line of the North 1/2 of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 and the POINT OF BEGINNING; thence continue South 02'15'.33" East. along the West right-of-way line of County Road 951, for a distance of 3.34.78 feet, to the Northeast corner of Tract "D", Camden Cove as recorded in Plat Book .39, Pages 24-25 of the Public Records of Collier County, Florida; thence North 89'55'47" West, along the North line of said Tract "D", for a distance of 60.05 feet; thence North 02'15'33" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of .3.34.89 feet, to 0 point on the North line of the North 1/2 of the North 1/2 of the of the South 1/2 of the Southeast 1/4; thence South 89'49 '14" East, along the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4, for a distance of 60.05 feet to the POINT OF BEGINNING. Containing 0.46 acres, more or less. 7 -t()-O 3 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORT A nON SKETCH & DESCRIPTION PROJECT NO.; N60 15-005-000 SHEET NUMBER: 46 OF XXX fiLE NO,: 2L..,...812 ::r '::~::::F: L ---= -==--:::== 5' 10' S.U.E. 20' B.E. -II (f) w CAMDEN COVE \ I w ~ PLAT BOOK 39, PAGES \. ~ 0.... 24-25 P u ~ ~ 10' P.U.E;-lJ .....z I . 1\ ()W~-q- (,\ COON '-..) .....:::i<O 1\ I-<{(I) I- U3 ~ \ '- ~.. \ ~ CONSll'R TION EMENT~- (DURAn : 3 FROM COMMENCEMENT OF CONSTRUCTION) 65061 PARCEl NO. : 746 CLIENT: Wi'_Miller.'~- m" I'lenIwn ' ~ ' t:coIog/I,. , .son.)W' ' ~ ArctJ/tdt ' TTlIIIIfl<<1,bl CotWtIllll Wl.orMIIer, 1nc. ,.,., , Frrf.... ' &rIIllII ' hinal ' TIIlJlI DATE: WlBdlt ~ IUt m 'N11*4 1iriU4)"111 .fllllnlli1H4HWJ 'ffl ZH43-5lfB, Wa.WIIt _.IIIIDl'IIW.can ' 07/2003 ,- INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 r 10' U.E. ...._..H..H._.. ~ ____ _ (:) --:( g: Tract "A" INDIGO LAKES DRIVE "0-1 It POC ~ I aJ I- (:) --:(' g: to to to I"') I"') w I"') I"') Lf) All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 ,- N o (j) POB North line of the North 1/2 of North 1/2 of L24 South 1/2 of Southeast 1/4 PARCEL 746 . m CO '<t I"') I"') 3= I"') rr) Lf) All R. GHAHRAMANI, M.D. ~ O.R. BOOK 1422, PAGE 0 1906 w n I"') l!) z N o (j) & P,U.E. L23 PROJECT NO.: ~. \ EXHIBIT...A. r-- :7pa~~3 of...&i.. I . I ~ o ~ ~ --< Z --< u EXISTING WEST ROW LINE ~ o ~ ~ o o ....-l ,--., ....-l tD ().l ~ U '--'" Jul 11, 2.00.3 ,- 10;29::,8 KrHOMPSO/X:\SUR\N601 ~)\951 sdlOO.dwlj o o -I- UJ . OJ ,-. o o +.. " Ol r', ....-l tD ().l o o +, 1", 0' r~ o o + N O'l r-. I -I ,j o -1-" a; r'- . \ I o o 6 ", I' o ~.I 0" to r- 9..\ '" <0 r-- \ ....-l tD ().l c:> o -I- ,. I', m 1-. \ I p --< o ~ :>-< E-< Z P o u o o +.., cD to r. o 4 N I 50 100 GRAPHIC SCALE 200 lOF 25 LINE L23 L24 LINE TABLE LENGTH 5,00 5.00 BEARING N89'55'47"W S89'49'14"E NOTES: ~ U , . This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. 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 Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. 11. B.L represents Buffer Easement. 12. P,U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida. also being a portion of those lands described in O.R. Book 1422, Page 1906 of the Official Records of Collier County, Florida; being more particularly described as follows: Commencing at the Southwest corner of Tract "0-1", as shown on Indigo Lakes Unit One, as recorded in the Plat Book 34, Pages 76-84 of the Public Records of Collier County, Florido; thence South 02"15'33" East, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for 0 distance of 336.66 feet to it's intersection with the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 and the POINT OF BEGINNING; thence continue along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), South 02'15'33" East, for a distance of 334.89 feet, to a point on the North line of Camden Cove, os recorded in Plot Book 39, Pages 24-25 of the Public Records of Collier County, Florida; thence North 89'55'47" West, along said North line, for a distance of 5.00 feet; thence North 02'15'33" West, for a distance of 334.90 feet. to a point on the North line of the North 1 /2 of the North 1 /2 of the South 1 /2 of the Southeast 1/4; thence South 89"49'14" East, olong the North line of the Narth 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4, for a distance of 5.00 feet to the POINT OF BEGINNING. (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PROJECT NO.: N6015-oo5-ooo SHEET NUMBER: 46 OF XXX fiLE NO.: 2L-812 <( o ii:: g ll...~ .Lf) ~I zO'> ~0Cl 0Lf) OVl W 0::0 W<( :JCl.. -' o' 0122 Lf) ll...... o ::.::: 00 0::0 (5 CD CD. 0:: -' . 00 o I o Vl I EXHIBIT A I P8ge~ of..& + ('l c:.') <0 I I 0\1 a _ i- t:} <0 ~ I & I .....:l ~ Z ~ u \ ~._-'\ o Q (J:) FEE SIMPlE INTEREST I EXISTING 7 - I WEST g~ ROW LINE" I ------ ,---, ..J.......' 20' L.B.E. ~ 0 0 - \ 0 ~ + ll) 0\ I " 0 0 ...-l --. ...-l <') LD a (j.) + l'-. '" I " ~ I u '--" ...-l {:~ LD ('j (j.) +, (0 O'l e, ~ I ~ 0 I ~ a t- o <:( ~ INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 [ 10' U.E. PARCEL 148 Tract "A" INDIGO LAKES DRIVE ~ I CO t- O <:( ~ PROJECT NO.: S 89'56'00" E 23.48' ~ 8 _._ t--< + Z ~ :::> o u N-- \ 60.00' 8 .,\ t O'l " POB 0'> o "0'> ~~ :2 w --=~ ~Cl.. :2 . <(N O::N Iv <(~ I 0::.::: .0 0::0 CD :J. <(0:: o N 89'56'03" wi 60.05' I g ...\ i a") ~ I t- O <:( ~ g + "I '}J " <:> C) 1- 0, " 65061 PARCEL NO. : 148 CLIENT: Wi'_Millei'-'~- I'tIirlen ' ~ ' Cc%{jI" . &.rv.}'Q'" . LII'tdIcIi>> Arc:IbcII ' TrltllpOr/lliDn CDIIIlitIll" Wi/sonMiler, Inc. IiII* ' lilt...., , SIIuoII ' IhdtI1lcwl ' TIIIpI =-~ alllIJO '~Ftriil1UflHtilJ7 .1tmJ ~'Fu DH4H7I, WtHII ~_ ,Jul 09, 200:5 - 10:59: 15 KTHOMPSOjX:\SUR\N601.'i\951sd 1 OO.dwg TiTlE: DATE: 07/2003 + lOF N I r 1 o 25 50 100 200 GRAPHIC SCALE CURVE TABLE ...-l LD (j.) CURVE LENGTH RADIUS DELTA TANGENT CI 45.03 8.00 . 4'" 28.32 CHORD CHORD BEARING 3.27 NOTES: ~ U 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. DESCRIPTION: A portion of Tract "A", Indigo Lakes Drive, Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 74-84 of the Public Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "A", Indigo Lakes Drive; thence North 89'56'00" West, along the South right-of-way line of said Tract "A", Indigo Lakes Drive, for a distance of 60.05 feet; thence North 02'15 '33" West, alang a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951). for 0 distance of 111.10 feet, to 0 point on the North right-of-way line of said Tract "A", Indigo Lakes Drive; thence South 89'56'00" East, along the North right-of-way line of said Tract "A", Indigo Lakes Drive for a distance of 23.48 feet; thence 46.03 feet along the arc of a circular curve concave northwest having a radius of 38.00 feet through a central angle of 69'24'23" and being subtended by a chord which bears North 55'21'49" East. along the Northerly line of said Tract "A". Indigo Lakes Drive, for a distance of 43.27 feet, to a point located on the Westerly right-of-way line of County Rood 951 (C.R. 951); thence South 02'15'33" East, along the Westerly right-of-way line of County Road 951, for a distance of 135.75 feet, to the POINT OF BEGINNING. Containing 0.16 acres, less. 7-/5-()) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &- DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 48 OF XXX FILE NO.: 2L-812 <( o oc o -lo ' U-(Jl , 'II) . I ~(Jl Zoo ::)l!"l o OVl W 0:::0 W<( :::in.. -l o - O~ lJ") u-..- o ~ DO ~O 000 m. 0::: -l' 00 o I o Vl TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT tl- ~ Pa~ 0'9 of ~ ~ o \ i ~ 20' L.B.E. ....... I...... INDIGO LAKES UNIT ON PLAT BOOK 34. PAGES 76 ...f 10' U.E. Tract "AU INDIGO LAKES DRIVE ( .-- PARCEL 748 S 9' 6'00" E 48. 4' 84 a f- (J ..;::( g: -- 89'56'00" W 48.54' (Jl o ~~ ::i w ...:-0 z<( <(0.. ::i ~N IN <(..... I"- 0~ .0 0:::0 (D ::J. <(0::: o IN co f- U ..;::( g: PROJECT NO.: 65061 PARCEL NO. : EXISTING WEST ROW LINE POB "..-.... ...-l LD (J) r; . \ ~ \ 0 ~ ~ z <r; o ~ 1\ LD (J) ~ o -....- o <G o ~ >-< f:-; Z ::J o u I ...-l .1 LD C) OJ (''7'J -I- <"Il (]) '" ~ 0 t:) --I <::l ~. '" I \ll /'. C.'.} <.> .. of I'- (7, ~'. 3: o <::> '1, <0 ~ D. OL{) . 0 LO . L{)o mLO ro . I I (') a _,. of- ,/} 0) " POC 60.00' \ g ...\ + "', <:h ~, .-- <:;) () + a gl f- U ..;::( ~ g + "I '" '" [) (',I .. 1- m " 748 Wil"Millei.-.W~ PInIon ' ~ ' Ec:aIogIaa ' SlIwYlIt'I . UndIc.". ArcM.ca ' Ti'1oIlIpOrl&1/cn OrIMi/IllI, wu.onMiller, /ne. /IIPII. Fwlltwr . IItn.IlII ' lhIIIIlbI ' TI/IFIl 3IWBdlyLw,UlltX1 '/IIiMoFirifl.34IIHI1Jl./tQ>>Ii1H4NDo/f),Fu tH4WIf'lI'Il>-liII mM1cm*:l'QII ,1i,J 09, 200.3 .., 10::59:15 KTHOMPSO!X:\SUR\N6015\951sq100,dwg + N lOF ~ 200 o 25 50 100 GRAPHIC SCALE NOTES: 1. This is not a survey. 2, Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. 6. 7. 8. 9, 10. ROW represents Right-of-Way, P.O.B. represents Point of Beginning. P.D.C. represents Point of Commencement. O.R. represents Official Records, L.B.E. represents Landscape Buffer Easement. U.E, represents Utility Easement. DESCRIPTION: A portion af Tract "A", Indigo Lakes Drive. Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 74-84 of the Public Records of Collier County, Florida; being more particularly described os follows: Commencing ot the Southeast corner of said Tract "A", Indigo Lakes Drive; thence North 89' 56'00" West, along the South right-of-way line of Tract "A", Indigo Lakes Drive. for a distance of 60.05 feet to the POINT OF BEGINNING; thence continue along the South right-of-way line of said Tract "A", Indigo Lakes Drive, North 89'56'00" West, for a distance of 48.54 feet; thence North 02'15'33" West, for a distance of 111.10 feet, to a point of the North right-of-way line of said Trod "AU, Indigo Lakes Drive; thence South 89'56'00" East, continuing along the North right-of-way line of said Tract "A", Indigo Lakes Drive, for a distance of 48.54 feet; thence South 02'15'33" East, along the line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), far a distance of 111.10 feet ta the POINT OF BEGINNING. Containing 0.12 acres, more or less. '7 -I tj-O J (DATE SIGNED) CLIENT; NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TITLE: SKETCH de DESCRIPTION DRIVEWAY RESTORATION EASEMENT DATE: 07/2003 PROJECT NO.; N6015-005-000 SHEET NUMBER: 48 OF XXX FILE' NO.: 2L-812 lD NOl Ll) WI ~CX) Ill) Cl.(/) (/)W W0 ~ Cl.. 1'1 WI'1 5~ ~ 00lC) 0::0 lD lD I- ~';;!O lD...J -l WCl. n::- - ,...... N >. ..- ~(f)1 IW..t -~(f) O...JW I 0 ~W4: 0> ~ Cl. '-0 !::SOC 0::1') '..- ffi ~ I...JO O::lDO · ffi lD ....Cl.l-: e :5 I- Cl. FEE SIMPLE INTEREST ~ 0 ~ 0 0 ....-l -- 17 ....-l L(.) m p:; ~ U 0 ...- ~ ....-l ~ L(.) \ m ~ ~ U 0 ~ ....-l L(.) ~ m Z 0:; ::> u 0 u 4: o i2 o ....JO u-Q) .Ll) f:1 ZOl ::>[g o O(f) W ffi~ :JCl. ...J o . O~ u-Ll) 0'" o~ ~g OlD lD. 0:: ....J . 00 o I o (f) \ 20' L.B.E. L 193 --1-- a l-- o <( ~ \ INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 ~O~E.~ \ REVISED 10-13-03 - REVISED DESCRIPTION PROJECT NO.: 65061 PAACEL NO. : 149 Wi'_Mille'.'~~ 1'IImn' ~,~,~, ~ArciII*II' ~~ WIrJonMIer, tic. ,.,.. , Fat..... ' .... . ..... ' rllP __~u.tDD .,....FbiJaSGfl11l.1'/mI.....".,'Ftl ~,IIlIHIt~_ S.p 25, 2003 - 15:03:09 l.4LAMUREIX:\SUR\N6015\9511d100.dwg CLIENT: TITLE: DATE: 07/2003 NOTES: lOF 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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 Beginnirn 7. P.O.C. represents Paint of Comnlt;;llcement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L193 L194 L195 L 196 DESCRIPTION: LINE TABLE LENGTH 65.05 667.50 65.05 667.50 BEARING N89'56'06"W N02'15' 33"W S89'56'21"E S02'15'33"[ A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "R-1", Pebblebrooke Lakes. as recorded in Plat Book 3D, Pages 4-12 of the Public Records of Collier County, Florida; thence South 02'15'33" East, along the Westerly Right-of-way line of County Road 951 (C,R. 951), for a distance of 667.50 feet, to the Northeast corner of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 of the Public Records of Collier County, Florida; thence North 89'56'06" West, along the North line of said Indigo Lakes Unit One, for a distance of 65.05 feet; thence North 02'15'33" West, along a line 60.00 feet Westerly of and running parallel with the Wes:~'. 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 Pebblebrooke Lakes Phase 2B, for a distance of 65.05 feet to the POINT OF BEGINNING. Containing 43,387.68 square feet, or 0.996 occe'~4 ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA L1C. NO. 6065 /q)3jt; ~ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 4 N r o 25 50 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: FILE NO.: 49 OF XXX 2L-812 co NIX) l!'l WI <.Qr--- Il!'l a..(/l (/lW wO ~<( ~ a... n WI') ~ o~ 00 0::0 COCO ~ C03 ffia.. (L f'.. LO I- o C"-J I lJ:) I- () <::( g= ;--.. N >. ..... ~(/ll \W'<t 'l-~(/l o~W I 0 !:w<( O>~ a.. '-0 .esOO 0::1') :..... ffi ~ \-10 0:: CO 0 : COco .....W o a.. I-: ~ ~ I- a.. P.O.C P.O.B PARCEL 749A r r N ~ o to o co TEMPORARY CONSTRUCTION EASEMENT (DURA11ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTI 4 \ N I w en -I 25 50 100 200 GRAPHIC SCALE a CN L199 --- -- REVISED 10-13-03 - REVISED D SCRIPT ON PROJECT NO.: 65061 PARCEl NO. : 749A Wi'.Millei.-'~- I'fIrtwn ' ~ ' ~ ' an.,.n , LandIcIptt~ ' l'lwJIpM&b1 CMWnII WIeonUIer; tJc. ,.,.. , Faf-, . llinIl* ' Ii'IIIirD ' TIIPI WI.,.,.~tillQ7 ..1Iri*S<<H.lll7 '1fIa llIHfHWJ.ru a>><<HlI' .. ........._ Sap 25. 2003 - 15:03:09 MLAMURElx:\SUR\N6015\951ad100.dwg -\:7 ~ ~ \ 0 0 ~ ~ ~ ~ 0 ~ 0 ....-l I u -. I ....-l ....-l LD LD m \ m ~ ~ U U ......" ....-l LD m ~ 0 ~ ~ z ::> 0 u EXISTING WEST ROW LINE V 1-70.00' \ I I \ CUENT: TITlE: DATE: 07/2003 NOTES: 10 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County. Florida; being more particularly d"'.Tibed as follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phase 2B as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N.89'56'21"W. along the South line of Pebblebrook Lakes Phose 2B a distance of 5.00 feet to the POINT OF BEGINNING; thence South 02'15'33" East, along a line 65.00 feet Westerly of and running parallel with the Westerly Right-of-way line of County Road 951 (C.R. 951). for a distance of 667.50 feet; thence North 89'56'06" West, for a distance of 5.00 feet; thence North 02'15'33" West, for a distance of 667.50 feet, to its intersection with the South line of said Pebblebrooke Lakes Phase 2B; thence South 89'56'21" East, along said South line, for a distance of 5.00 feet to the POINT OF BEGINNING. Containing 3,334.76 square feet or 0.0766 acres. more or less. ~4 ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA L1C. NO. 6065 /~~J--- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE;c.f}NuTHE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 \ LINE TABLE LENGTH 5.00 667.50 5.00 667.50 5.00 BEARING N89'56'21"W S02'15'33"E N89'56'06"W N02'15'33"W S89'56'21"E \ LINE L197 L198 L199 L200 L201 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TeMPORARY CONSTRucnON EASeMeNT PROJECT NO.: N6015-005-000 SHEET NUMBER: 49A OF XXX FlLE NO.: 2L-812 PROJECT NO.: 65061 PARCEL NO. : 7498 Wi_Mille,..'W- I'lImn ' ~ ' ~ ' &Iwr<<I ' l.andiII:fpe ArctIxa . 7i"InIpcIrlIbI CctIlbnII WiJonMIer, tlc. ,.,.. . R:rt.... ' .,... , lhdri1l ' IlIIfII __~lt*axI,"'1tri*MIHIlIl'1fw ~'FU ZH4K'I'..... ......._ Sap 24. 2003 - 14:17:05 Ml.At.4UREIX:\SUR\N6015\951ad100.dwg en NCO to WI ~to 0...U) (/)W w~ 50.... I') WI') ~ O~ 00 n::o en en ~ en '5 ffio... 0... (Q LO I- o ---------==--- LO LO I- o -.J ........ N >. .- ~U)I IW.q- 4-~(/) o...JW I '-' :Cw<( O'~o... '-0 ~oo n::1') · en .-w~ I...JO n::eno · ffi en .....0...'- E 3 ..... 0... r N o tN I I POB\ PARCEL 74gB 4 \ N I. 1.1.. LY 1LJ en -.J 0 25 50 100 200 GRAPHIC SCALE 0 C'N a f-- () <::( TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ~ o ~ \ :J \ ~ ~ ~ u o o .... --- .... to (j) , ~ u -..- .... to (j) ~ o ~ \ ~ ;:J o u I EXISTING I WEST \ I ROW LINE V I \ I \ CUENT: TITLE: DATE: 07/2003 NOTES: lOF 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (c.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 8.'3/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. EasemElnts shown hereon are per plat, unless otherwise noted. .... to (j) 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. ~ U DESCRIPTION: i..; portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phase 2B as recorded in Plat Book 33, Pages 57-58 of Collier County, Florida; thence N89'56'21 "W. along the South line of Pebblebrooke Lakes 2B, a distance of 5.00 feet; thence South 02'15'33" East, along a line 65.00 feet Westerly of and running parallel with the Westerly Right-of-way line of County Rood 951 (C.R. 951), for a distance of 197.23 feet to the POINT OF BEGINNING; thence continue along said line, South 02'1 ~',:}~~::, ,East, for a distance of 125.00 feet; thence South 87'44'27" West, for a distance of 56.00 feet; thence North 02'15'33" West, for a distance of 125.00 feet; thence North 87'44'27" East, for a distance of 56,00 feet to the POINT OF BEGINNING. Containing 6,999.92 square feet or 0.1607 acres, more or less. \ DAVID J. HYA, , P.S. . FLORIDA L1C. NO. 5834 if -.;, 1-{} " (DATE SIGNED) .., NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 I I \ LINE TABLE LENGTH 5.00 197.23 125.00 56.00 125.00 56.00 BEARING N89'56'21 "w S02' 15'33"E 502' 15'33"E ,S~.f'44'27"W N02'15'33"W N87' 44'27"E LINE L202 L203 L204 L205 L206 L207 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION DRIVEWAY RE:STORAnON CASEMENT PROJECT NO.: N6015-005-000 SHEET NUMBER: 498 OF XXX riLE NO.: 2L -812 ,...... N aJ >- .- NOl ~V)I LO IW~ wI ....~V) 13== ~LO o W I '-' 0 a.. V) :E:W<{ ~ w L.() O>~ a.. ~ ~ L.() '-0 ~0c5 ~ ~ 0... I- 0::1') 0 ~ffi~ 0 1')0 I..JO ..-I ~ 5~ -J O::aJo · ffi aJ -- L.() 0 0 't)o..f-: ..-I 13== 0::0 e :s 1O I- 00 aJ 0) 0 O~f-: t- o.. ~ -J aJ:S POC aJo.. ~ ~ --1i:- u '-'" ~ ..-I U 1O 0) ..-I 1O ~ 0) 0 ~ ~ \ \ u ~ Z ~ 0 U <{ 0 ~ 0 EXISTING ..Jo \ U-Ol I WE~ .LO vW LINE ~J, r ::llX) N OLO 0 UV) <.0 w I ffi~ :::io.. I ...J I o " u~ 'u- ~ 0 TE~~ 1 o~ 0::0 CONS UCTI 'EASEMENT <{o 000 (DU :nON: 3 RS FROM aJ. COMMENC MENT 0 I CONSTRUCTI IN) 0:: ..J' 00 0 I :c I u V) \ PARCEL 749D \ INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 a f- (.) <C ~ REVISED 10-13-03 REVISED DESCRIPTION REVISED 09 24 03 PROJECT NO.: 65061 PAACEl NO. : 749D Wi'.Mille'-.'~- 1'lamIff'~'~'~'~~.~~ KIJonMhr, he. ,.,., , FlI/'IitWI ' ... ' IhdlnIIri ' ,... ..SttIIf~ altltJD '~Firia 34IIHI11 ,"- ItHfIHJ4IJ 'FIlIllHHlll' IIiHII ........a:m Sep 25, 2003 - 15:03:09 MLAMURE!X:\SUR\N6015\9Shd100.dwg lOF o 25 50 1DD GRAPHIC SCALE LINE L208 L209 L210 L211 L212 L213 LINE TABLE LENGTH 5.00 591.66 75.84 40.03 74.22 40.00 BEARING N89'56'21"W S02'15'33"E S02'15'33"E N89'56'06"W .....NQ2'15'33..W N8T44'27"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phase 28 as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N.89'56'21 "w. along the South line of Pebblebrooke Lakes Phase 2B, a distance of 5.00 feet; thence South 02'15'33" East, along a line 65.00 feet Westerly of arld;;~'lJItlnning parallel with the Westerly right-of-way line of 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 Collier County, Florida; thence North 89'56'06" West, along the North line of said Indigo Lakes Unit One, fOr ai distance of 40.03 feet; thence North 02'15'33" West, for a distance of 74.22" feet; thence North 87"44'27" East, for a distance of 40.00 feet to the POINT OF BEGINNING. ,q"a'e.~068g acres, . \ ANDREW B. BECK, P.S,M. (FOR ,THE FIRM) FLORIDA L1C. NO. 6065 /qJ.~~ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH && DESCRIPTION DRIVEWAY RESTORAnON CASEMENT CUENT: TITLE: DATE: 07/2003 SHEET NUt.lB'Ei~t:lf I' " LE NO.: 490 OF XXX 2L-812 PROJECT NO.: N6015-005-000 \7 ~ I 0 \i \ \ I I \ PROJECT NO.: 65061 PARCEl NO. : 150 Wi.Miller-.'~- ,."",.,." ap... ,~ ,~ . ~ArcIlIIclr . ~fIM CondIlt6l WfsonAaer; he. MPt ' 1'01.... ' IlrIdi ' o!hdIr*rI ' r... .tDl_~"'1f1J ''''''I'IriiI/UIHIl1l,/ftn ~'Fu i>>-f4HlI' ~_____ Sep 25, 2003 - 15:03:09 MLAMURElX:\SUR\N6015\951 ed1 OO.dwg L244 CUENT: TITLE; DATE: 07/2003 ..-I LD ()) 0:; t) \ \ (T~'" FEE SIMPLE INTEREST 4 N lOF ~ o 25 50 100 GRAPHIC SCALE I 200 LINE L243 L244 LINE TABLE LEN GTH 10.00 10.01 BEARING N87'44'29"E N89'56'21 "w NOTES: 1. This is not a survey. 2. Basis of bearing is the West line o'.,!~'if.unty Road 951 (C.R. 951) being N 02'15'31" W. Florida State Plane Coordinates NAD 83/90, East Zone. 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. L.B.E. represents Landscape Buffer Easement. 9. U.E. represents Utility Easement 10. C.U.E. represents County Utility Easement. 11. S.W.E. represents Sidewalk Easement. DESCRIPTION: The Easterly 10.00 feet of Tract B-2. Pebblebrooke Lakes Phase 28, according to the Plat thereof. as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; being more particularly described as follows: BEGINNING at Southeast corner of said Tract B-2 Pebblebrooke Lakes Phase 2B; thence North 89'56'21" West, along the South line of said Tract B-2, for a distance of 1 0.0 1 feet; thence North 02'15'31" West. for a distance of 687.80 feet, to it intersection with the North line of Tract B-2; thence North 87'44'29" East along said North line, for a distance of 10.00 feet, to the Northeast corner of Tract B-2; thence South 02'15'31" East, for a di!'ltance of 688.21 feet to the POINT OF BEGINM~~'" Contoining 6,880.07 sq. feet or 0.1579 acres, . more or less. /0 -7-0) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LJCENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TeMPORARY CONSTRUCnON EASEMENT PROJE:CT NO.: N6015-005-000 SHEET NUJ.tBER: 150 OF XXX FILE NO.: 2L-812 \"-... \ () I- () <.( g: en C"\J ltJ () U") ex) I- <( LO () ::c 1<.( Q ,,~ U")LO ltJU") ~ltJ <((5 -l<( ltJQ ~~ OlVJ OlVJ 0:::, en en ltJ, -JCL en en lLJ Q -~ c.o I- o c.o I- o -.J ~ 0 p:: 0 0 .....-t L248 --- .....-t C'l 1.0 - m >- ..- ~Ull , 1W<ot ~ -~Ul O:5W t.) I '-' :l::W< -- Ol~ a.. '-0 .....-t ~0c5 1.0 0:::1") =... ffi ~ m I...JO ~ o:::roo = roro -+JW 00......, 0 e ::s p:: I- a.. ~ Z ;:J 0 t.) ..-- c.o I- o -.J PROJECT NO.: 65061 PAACEl NO. : 750 W1'_"ille"j.-'~- I'MIn . ~ ' EccIr.1glt/II ,~ ' ~.Art:tbcf6 ,1'tInIpMa1/cln CMIuIIIIIit WIfIonUIet; he. ,.,.. , ffnl6n ' .... . hinIIIl' .,... _"'~"'1I1J '.,Aria..., '/fw ......"",'FJr 1:JH<<I-flI'lIlIHIlI .........cGII Sap 25, 2003 - 15:03:09 MLAMURE!X:\SUR\N6015\9518d100.dwg ) ) TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTJO~) I I \ I I \ I I I I I I \ CUENT: TITLE: DATE: 07/2003 10 ~ o p:: ~ ~ t.) 4 N ~ 200 :50 100 GRAPHIC SCALE LINE TABLE .....-t 1.0 m 10.01 10.01 687.40 10.00 687.80 RI N89'56'Z1 "w N89'56'Z1"W N02'15'31"W N87'44'Z9"E S02'15'31"E ~ t.) .' " NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N OZ'15'31" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. L.B.E. represents Landscape 8uffer Easement. 9. U.E. represents Utility Easement 10. C.U.E. represents County Utility Easement. 11. S.W.E. represents Sidewalk Easement. DESCRIPTION: , ~"'" A Westerly 1 0.00 feet of Tract 8-2, ^' Pebblebrooke Lakes Phase 28, according to the plat thereof, as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier, County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Tract 8-2; 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 line of said Tract 8-2, for a distance of 10.01 feet; thence North 02'15'31" West, along the West line of Tract B-2 for a distance of 687.40 feet, to the Northwest corner of Tract B-2; thence North 87'44'29" East, along the North line of said Tract B-2, for a distance of 10.00 feet; thence South 02'15'31" East, for a distance of 687.80 feet to the POINT OF BEGINNING. Containing 6,876.02 sq. feet or 0.1579 acres, more or less. /O-l--IJJ (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. "~'1~;.' CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION TEMPORARY CONSTRUCnON EASeMENT PROJECT NO.: N6015-005-000 SHEET NUMBER: 50 OF XXX FILE NO.: 2L-812 -.J en enca I ltJ. CLCL \ ~ \ \ 0::: f- .-- \ 0 I <::( (.) \ g:: f- (.) \ <:( g: L262 l[) lO f- a r r tv f'.... --.;f (Jl -" to I lO (.) f- f- a (.) <:( l"') ~ lO f- a 5' CUE Tract R & SWE Rockle ge Ori Efac ROCKLEDGE en C'\J lLJ 0 Cf) ex) f- <::( Lr) (.) ::c \<:( CL !'-- ~ If)LO lLJV) ~lLJ <::((') -1<::( lLJCL X ~ Of'iJ Of'iJ 0:::, en en ::10.: en en Lu Q PROJECT NO.: 65061 PARCE~ NO. : 151 Wi.MH'er..'~- 1'ItMn. ~,~, an.,m, ~Are#'bI*' TratlIIpc:\'faIllln~ WfeonUIer, tic. ,.... , FiJI*" ' ..... ' ~ 'l'irPI "My~"'aJ 'MPNlFbtit__ 'IbIIfIHfNO#J.Fu fIHOft'...........mn Sap 25, 2003 - 15:03:09 MlAMUREIX:\SUR\NS015\951sd100.dwg ('\,j lO f- a -J .-- lO f- a -J f'.... l[) f- a ('\,j I m f- (.) <:( ~ ,..... N >- .... ~(f)1 IW.q- ....::.:::V) o:5w I ~ :t:w<C Ol::'::: 0.. '-0 .e:..oo OCI') ~ffi::.::: 1-10 ocroo · roro ....w 00..1-: ~ :5 I- 0.. EXISTING WEST ROW LINE ~ o ~ ~ o o .....-I -.. .....-I lD Q) & L.B.E. , ~ u --- .....-I lD Q) ~ o ~ ~ Z ::J o t) PARCEL 151 \ :; Ig I~ I~ I~ I \ C~IENT: TITLE: DATE: 07/2003 FEE SIMPlE INTEREST + 3M lOF \ ~ o 50 100 200 GRAPHIC SCALE . ~ t) LINE L259 L260 L261 L262 LINE TABLE LENGTH 307.20 10.00 307.20 10.00 BEARING S02'15'31"E S87'44'29"W N02'15'31 "w _N87'<!-5'01"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'31" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. 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. 12. S,W.E. represents Sidewalk Easement. DESCRIPTION: \ The Easterly 10.00 feet of Troct B-3, Pebblebrooke Lakes Phase 2B, according to the Plat thereof, as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Northeast corner of said Tract B-3; thence South 02'15'31" East, along the Easterly line of said Tract B-3, for a distance of 307.20 feet, to the Southeast corner 6f said tract; thence South 87'44'29" West, along the South line of said Tract B-3, for a distance of 10.00 feet; thence North 02'15'31" West 307.20 feet, to a point on the Northerly line of said Tract B-3; thence North 87'45'01" East, along the Northerly line of said Tract .B-3, for a distance of 10.00 feet to the POINT OF BEGINNING. Containing 3,071.99 sq, feet or OP705 acres, more or less. FIRM) /O'-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 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TEMPORARY CONSTRUCT/ON EASEMENT PROJECT NO.: N6015-005-000 SHEET NUMBER: 15t OF' XXX FILE NO.: 2L -812 P8ge~l2f. ,---' \ --l en en cO \ lLJ. Q.Q. \ -r- \ \ 0:::. f- ..- \ u I <( 0 \ g: I- 0 \ <:( g: L267 to to I- 0 f'..,. \ o I- o <:( g: -"'f to I- o I") to I- o en C"\j lLJ 0 (J) OJ I- <( LO 0 ]:\<:( Q. l'- g: (.f)LO lLJ(.f) ~lLJ <(~ -1<( lLJQ. ~ "' Of'<) Of'<) 0:::., en en lLJ. --lQ. en en lLJ Q C'-J to I- o -J ..- to I- o -J f'..,. I.() I- o EXISTING WEST ROW LINE C'-J I m I- o <:( g: ,-.... N >, ... ~(f)1 IW""" -~(f) o::5w I "-' ~w< Ol ~ a.. '-0 .e:-0c5 a::: I') "'-ffi~ 1-l0 a::: en 0 · ffi en ....0..1- ~ ::5 I- a.. .1 + 3M [Il~ 50 100 200 GRAPHIC SCALE lOF I TEMPORARY ~CONSTRUCTION EASEMENT DURAnoN'3YEARSFROM co JENCEMENT OF CONSTRUCTION) rl ~ \g ~ "'0 0 ~ ....-l --- ....-l \ Lf.) u m .E. & L.B.E. ....-l Lf.) p:; m u -....; p:; ....-l U Lf.) m \ ~ 0 ~ ~ I Z I t:J \ 0 u I PARCEL I 751 CUENT: TITLE: DATE: 07/2003 o LINE L263 L264 L265 L266 L267 LINE TABLE LENGTH 10.00 307.20 10.00 307.20 10.00 BEARING S87'45'01"W S02'15'31"E S87'44'29"W N02'15'31"W N87'45'01 "E 'ROJECT NO.: 65061 PARCEL NO. : 751 Wi'.Millei"'W~ ,.,.".., , ~ ' fCcIIogiI/t , ~ ' IMIdIcfIpe At'tNa ' TIwIlpMIfIcn CmutIIIIIt MJonUfet', tlc. .... . FrIt~ ' &rul* ' /hllri:II ' IIIIflI _"'~...It>> '/liIPlIII FIriII UIIHII11 '/flrIIt I/IHIIIHWJ' FIl ~, .. ...__.caw Ssp 25. 2003 - 15:03:09 MlAMUREIX:\SUR\N6015\951 sd1 OO.dwg ", ,: NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'31" W, Florida State Plane Coordinates NAD 83/90, East Zone. 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. 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. 12. S.W.E. represents Sidewalk Easement. DESCRIPTION: I I \ The Westerly 10.00 feet of Tract B-3, Pebblebrooke Lakes Phase 2B, according to the Plat thereof, as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; being more particularly described as follows: COMMENCING at the Northeast corner of said Tract B-3; thence South 87'45'01" West along the North line of Tract B-3, a distance of , 0.00 feet to the POINT OF BEGINNING; thence South 02'15'31" East, a distance of 307.20 feet, to its intersection with the South line of Tract B-3; thence South 87'44'29" West, along said South line, for a distance of 10.00 feet; thence North 02'15'31" West 307.20 feet, to its intersection with the Northerly line of said Tract B-3; thence North 87'45'0'" East, along said Northerly line, for a distance of , 0.00 feet to the POINT OF BEGINNING. I I \ Containing 3,070.98 sq. feet or 0.0705 acres, more or less. \ /()- 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 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION TEMPORARY CONSTRue nON CASEMENT PROJECT NO.: N6015-005-000 SHEET NUMBER: 751 OF XXX FILE NO.: 2L -812 \ lO( ~ \ ~ \ 0 """:' 0:: ~. -I B. q <( c:: z <( RO I ,.)~ " 0 I ..- ..- LO "-' 01 ..- \ 5 \ LO L252 01 0:: u LJ ~ I \ \ EXHIBIT Page~ of -- -- m N W (f) <( o:J I LO 0... I r--- (f) LO W ~ (f) :s w c..? W <( ~ 0... 0 I"') 0 0::: 1"'). m W m ....J m 0... ill W 0... FEE SIMPLE INTEREST ~ - Tract R @OCkledge Drive AReEL 152 r- = ;- LEGAL DESCRIPTION The' Easterly 10.00 feet of Tract R, Rockledge Drive, Pebblebrooke Lakes Phase 2B, according to the Plat thereof, as recorded in Pltlt Book 33, Pages 57-58, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L250 L251 L252 L253 Beginning at the Northeast corner of said Tract "R"; thence S.02'15'31 "E.. a distance of 60.00 feet to Southeast corner of Tract "R"; thence S.87'44'29"W. along said South line, a distance of 1 0.00 feet; thence N.02'15'31 "W., a distance of 60.00 feet to its intersection with the North right-of-way line of Tract "R"; thence N.87'44'29"E. along said North line, a distance of 1 0.00 feet to the POINT OF BEGINNING. Containing 600.00 square feet or 0.0138 acres, more or less. NOTES: LINE TABLE LENGTH 10.00 60.00 10.00 60.00 BEARING N87'44'29"E S02'15'31"I:: S87'44'29"W N02'15'31"W 1. This is not a survey. 2. Basis of bearing is the West line r-f. cr;~~unty Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East lone. 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. N I J o 25 50 100 GRAPHIC SCALE , P. . . (FOR THE FIRM) NO. 58:54 10" 7 ~o J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PAACEl NO. : 152 W;.M;lIel..'~- I'lImn ' ~ ' SocIlloI* ' an.,.n , ~~ ' 7l1rnlpcrIa/lr. ~ ~tJc ,.,., , FcrI.... ' llnIlIir . IhoiIDI . 'llIIra _..,"-8*a>> ,'-/'btilMH'llV '1'Iln ......,.." Fu 18H/HlIB. IrIHIt m........- lip 25, 2003 - 15:03:09 MLAMUREIX:\SUR\N8015\951ed100.dwg 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: N5015-005-000 FILE NO.: 2L-B 12 SHEET NUMBER: 152 OF' XXX f $A 8 '" I EXHIBIT Page2:i of - UI 8 ~ _AKES PHASE 28 IGES 57-58 TRACT C-B i ~ " j z g ~ ~ l1. 8 t IQ r 6 Tract "R-1" (Right-of-Way) PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4-12 :::0 o () ~--1 (1l .., 0.0 l.OO CD r+ 0:::0 .., :;r CD .'''V''''r:,~' lOF om o~ ^83:;l VJ;:uo 000 . 0..... '1J^ ; )>rrlO'l G') , r.:!~ '" ^ ..po.rrl I{J) I'V PEBBLEBROOKE LAKES PHASE 2B PLAT BOOK 33, PAGES 57-5B TRACT C-,7 6JLOT \ \ ' 6~ ~OT 65 LOT TR ACT 66 T TEMPORARY CQNSTRUCTION EASEMENT ' (OURAT1ON: 3 YEARS FROM COUNTY ROAD 951 (C,R, 951) 100 COMMENCEMENT OF CONSTRUCTION) C,R, 951 .., ~ 6 ~ ~- ifb' mQ'o=:.....=:{J)o-.....a g-aaJl'V-I-I 8"g~ ir~g ~giro 0 c: !'l :::l enQ.OaJa::T J"11 ..... zotO :::l .....~.....:::l ~ 0 01r~- 0(1) (J) Z 5' Z ~~0:TC.1l......0~ a:" g.....~ a ~~~!::)!::) rrJ 5' -0...... - VJo(1)J"11 ~ Z -. ::T en co Z (1)a~o.?OVl to G')~(1)o~S''l~.....{J)a '1J (J1(J1(J1(J1 . 0 -. ..p..::T 0 - 0.0- 0 ..... -I CO"-JO'l(J1..p.. !'" :::lzO';:!.~..po.rrl(1)CZ C ";:0 (5 o:::l'1J9;oVJ oO-l::T-.o ::TG') enq..8.g 0 ~ ~ "-J (1);:!.., ~l'Ven'1J r r VJ 0::T~ ~tO~.;'" Qco ~ _- (1) ~I'V 1"'1 N .....,..... ,(1) ....z'l g,~Ulb~1'V z Z 0 _. ~ ~ 0 -I ..... 00(J1 <.0_ VJO'lVJO'l~G) fTl VJtO ;:u (J1 0 (1)" t ::T ~""-J-(1)(1) [/) O'l ~.. e,.;:J. [/) o. 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[/) ~ - 0..... ., 0 ., (1) Cll o 0 o [/) ., Cll P-3 (1) :::l .ft ., (1) en (1) < o ..... o' :::l CIl o :::l 0. N"'Tl;:U1'V g g g . fllo:o.m o to 0 (J) (J1 !!l. _~CIl o -;-0..0 Cll0- '1J;:U0- o' Cll ::l to Q (1) ~ 5' CIl a......,<.O C g 0" 00' < .,Cll ~ 9; S' :T is LO (1) ltZ::E en 0 ~ ZI'V- E;;-l~ (J1::l co e,.; (1) ~~~ ~::Ea . . 0 rrl 5 ~ q ~ -I ::T (ii' Z ~ rrl v.> 00' ::l o ..... o G) ?2 "U :c 08 Vl () )> r 1"1 ~ r--- ~ o L2 9 10 EXISTING \ \ SIDEWALK FEE SIMPlE EASEMENT if INTEREST <( I ~ N "'>l- S I \ q \ n ---- 0::: D- ~' en -I w q <{ w z ~ (,,') z (f) 0::: <( n 0 <( 0 0 ~o I u 0 D- ~ ~ 0 I- ei:: ..- 0 -" -" ..- I l!) --l m CD (J1 (J1 "-" 01 W n VI VI 5 \ --l ..- \ m l!) = = 01 m m w ~ I"Tl 0::: D- D- .' u LJ L.! I LINE TABLE I \ LINE LENGTH BEARING L268 10.01 N89'51 '46"W L269 10.00 N87'44'28"E \ \ DESCRIPTION: NOTES: A portion of Lot 3, Pebblebrooke Plaza, according to the Plat thereof as recorded in Plat Book 36, pages 3-4 of the Public Records of Collier County, Florida; being more particularly described as follows: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. BEGINNING at the Northeasterly corner of said Lot "3"; thence South 02'15'31" East, along the Easterly line of said Lot 3, for a distance of 590.86 feet to the Southeast corner of said Lot 3; thence North 89'51'46" West along the South line of Lot 3 a distance of 1 0.01 feet; thence North 02'15'31" West 590.44 feet to the Northerly line of said Lot 3; thence North 87'44'28" East, along the Northerly line of said Lot 3. for a distance of 1 0.00 feet to the POINT OF BEGINNING, 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per pldt,: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.8.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Containing 5,907.23 sq. feet or 0.1356 acres, more or less. /0 . 7 ~ rr~ NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N I ] 200 (DATE SIGNED) PROJECT NO.: 65061 PAACEL NO. : 154 Wi,.,Mille,..'- I'lmerJ ' ~ . EccIogIIII . ~ ' ~ AnNecIII ' 7l'InlIpatlI/b' C'aIdIntI ~, tlc. .... ' Fcrl~ ' ,... , h*I*rI' T.... __..Nt. '.ArilI3GlHi!lI7 ,""'" tIH4NWJ'Fa 11H4HlI'lIWHIIt _*"*_ 09/200J iep 25, 2003 - 15:03:09 MLAMURE!X;\SUR\N6015\951l1dl00.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 154 OF XXX EXHIBITr .A Page~q.~ <( -.;t N :5 I 0- n w UI w ~ G n 0 <( 0 0.... f- 0::: 0 m - ---1 W CD ---1 n m m m w 0.... 0.... TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LINE L270 L271 L272 LINE TABLE LENGTH 10.00 5.00 5.00 BEARING S87'44'28"W S89'51'46"W N87'44'28"E DESCRIPTION: A portion of Lot 3, Pebblebrooke Plaza, according to the Plat thereof as recorded in Plat Book 36, pages 3-4 of the Public Records of Collier County, Florida; being more particularly described os follows: COMMENCING at the Northeasterly corner of said Lot "3"; thence South 87'44'28" West along the North line of lot 3. a distance of 10.00 feet to the POINT OF BEGINNING; thence South 02'15'31" East, for 0 distance of 590.43 feet to the Southerly line of said Lot 3; thence North 89'5"46" West along the South line of Lot 3 a distance of 5.00 feet; thence North 02'15' 31" West 590.23 feet to the Northerly line of said Lot 3; thence North 87'44'28" East, along the Northerly line of said Lot 3, for a distance of.. 5.00 feet to the POINT OF BEGINNING. acres, ANDREW B. 8ECK,~P.S.M. (FOR THE FIRM) IC. NO. 6065 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 REVISED 10-13-03 - REVISED LINE TABLE PROJECT NO.: 65061 PAACEL NO. : 754A Wi'.Millel..'~- I'I1IMen ' ~ ' EceIogIIII , IU\ejIIn , ~Ani'IMl ' ~ CaIdI/JIf WIIMWIer, tic. ,.,., , Flrf"" . llna:* ' /hriIIIID ' TIIflI i1P_~,u,1JXI ',..ArilI-..r; .PIl<<lI/ ......"." Fa J3H0ft. IlWrlAt ____ Sep 25, 2003 - 15:03:09 MLAMUREIX:\SUR\N6015\951sd100.dwg EXISTING SIDEWALK EASEMENT lO'F ~ \ I I{ I ~ \ 0 \ ,.-.. 0:: ~ -I 0 <( 0:: Z <( b I u 0 ..- ..- I l!) '-" 01 ..- I 5 I LO 01 0:: u LJ ~I I I \ \ z I (f) 0 \ 0 ~ ~ ~ ~ U1 U1 0J 0J -" -" = :E fTl U1 U1 lO lO 0 0 N .t>- 0J 0J \ L271 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon 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 Utility Easement. N I 25 50 100 GRAPHIC SCALE I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 09/2003 PROJECT NO.: N6015-005-000 FILE NO.: 2L-812 SHErr NUMBER: 754.4 OF XXX EXHIBIT 4:- 101 -age__ 'l~.ot " \ EXISTING SIDEWALK EASEMENT (/) 1/ 0 <( l'l I ~ -.;:j- -" N (}1 ::s I VI I 0 \ to --:- a:: Cl.. : ~' ....J W (f) ~l 0 <{ w a:: z ~ '-' <{ to 0 <( I u 0 Cl.. ~\ 0 I- er::: 0 ..- 0 ..- I l!) 0) lD ......." 01 --1 W t.N --1 to 0 ..- I 5 \ 0) L() 0) 0) 0) w Cl.. a:: Cl.. u LJ ~ r \ \ N -...,J ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) \ \ \ I DESCRIPTION: NOTES: A portion of Lot 3, Pebblebrooke Plaza, according to the Plat thereof as recorded in Plat Book 36. pages 3-4 of the Public Records of Collier County, Florida; being more particularly described as follows: 1. This is not a survey. COMMENCING at the Northeasterly corner of said Lot "3"; thence South 87'44'28" West, a distance of 10.00 feet; thence South 02'15'31" East, a distance of 356.30 feet to the POINT OF BEGINNING; thence continue South 02'15'31" East, for a distance of 125.00 feet; thence South 87'44'29" West, a distance of 52.00 feet; thence North 02'15'31" West 125.00 feet; thence North 87'44'29" East, for a distance of 52.00 feet to the POINT OF BEGINNING. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. Containing 6,500.00 sq. feet or 0.1492 acres, more or less. 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. 10 -7-0] (DATE SIGNED) LINE L273 L274 L275 L276 L277 LINE TABLE LENGTH 10.00 125.00 52.00 125.00 52.00 BEARING S87'44'28"W S02'15'31"E S87'44'29"W N02'15'3'''W N87'44'29"E N I 25 50 100 GRAPHIC SCALE NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 I 200 'ROJECT NO.: 65061 PAACEl NO. : 7548 Wi..iIl8'."- ""'*" ' ~ ' EcoqJIIIlt . /bwyIn , l..Inciape Arr:HIediI ' ~ CtltIdIll6J ~, I'lc. ... ' Fa1 'tD . IIinIl* . hIriI1 ' T.. -_~ u.. '.1'bI* 34IHIJT '/'IiI:nt ......." Fa JHfH1J. IlWHIt ......_ ep 25, 2003 - 15:03:09 MlAMUREIX:\SUR\N6015\95hd100,dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 10/2003 PROJECT NO.: N6015-005-000 SHEET NUt.4BER: 7548 OF XXX FILE NO.: 2L -812 XHIBIT . Page_ Cfct -01_ 80"'<5 ..q- ::i I 0... I"') W (J) W ~ 0 .- 0 <( 0 0... I- 0:::: 0 CD to .-l W .-l I"') CD CD CD W 0... 0... I I r r n N N ex> ex> ..J:>. 01 ....... P.O.B. ~ -I 0 <( ci z <( b u I L283 0 \ ..- ..- l!) ........, 01 I ..- LO 0:: 01 U I ci I EXISTING u I SIDEWALK ~ ~ EASEMENT \ 1 at FEE SIMPLE INTEREST LINE L283 L2B4 L2BS L2B6 LINE TABLE LENGTH 10.00 147.30 12.01 140.64 BEARING S87'44'28"W N02'1S'31"W SS8'36'40"E S02'1S'31 "E \ I I \ I I , \ LEGAL DESCRIPTION A portion of Lot 1, Pebblebrooke Plaza, according to the Plat thereof as recorded in Plat Book 36, pages 3-4 of the Public Records of Collier County, Florida; being more particularly described as follows: NOTES: BEGINNING at the Southeast corner of Lot 1; thence S.B7'44'2B"W. along the South line of Lot 1, a distance of 1 0.00 feet; thence N.02'15'31"W., a distance of 147.30 feet to a point on the Northerly line of Lot 1; thence S.58'36' 40"E. along said North line to the Northeast corner of Lot 1, a distance of 12.01 feet; thence S,02'1S '31"E. along the Easterly line of Lot 1, a distance of 140.64 feet to the POINT OF BEGINNING. Containing 1,439.68 square feet or 0.0331 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD B3/90, East Zone. 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 Commen\.en:ent. B. 0, R. represents Official Records. 9, L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. / ~ - 7 .-() J NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N I 25 50 100 GRAPHIC SCALE I 200 (DATE SIGNED) PROJECT NO.: 65061 PAACEl NO. : 155 Wi'_Mill"i.-'~- 1'lIMn, a--. , SlcIilllI*. an.,w., ~~ ,~~ ~, tic. _ ' ArtAtn . ..... . ....." T_ -_u..... '....A'ri*MlHllll7 'l'fIInI......,'Fa.t:lHOft',.,..........- :ep 25. 2003 - 15:03:09 I.llAMUREIX:\SUR\N6015\951edl00.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 10/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 155 OF XXX FILE NO.: 2L -812 Page.8a. of <(..q- N, ::51'0 CL w[3 ::::s:::(!) '-0<( f-~(L o m ~ -IwtD -In m mm El:CL TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LINE L278 L279 L280 L281 L282 LINE TABLE LENGTH 10.00 5.00 150.62 6.01 147.30 BEARING S87"44'28"W S87'44'28"W N02'15'31"W S58'36' 40"E S02'15'31"E LEGAL DESCRIPTION A portion of Lot 1, Pebblebrooke Plaza, according to the Plat thereof as recorded in Plat Book 36, pages 3-4 of the Public Records of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Lot 1; thence S.87"44'28"W. along the South line of Lot 1, a distance of 1 0.00 feet to the POINT OF BEGINNING; thence continue S.87'44'28"W. along said line, a distance of 5.00 feet; thence N.02'15'31 "W., a distance of 150.62 feet to a point on the Northerly line of Lot 1; thence S.58' 36' 40"E. along said North line, a distance of 6.01 feet; thence S.02'15'31"E., a dista nce of 147.30 feet to the POINT OF BEGINNING. Containing 744.80 squore feet or 0.0171 acres, more or less. DAVID J. IT, P. .M. (FOR THE FIRM) FLORIDA U . NO. 5834 10- 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 fOJECT NO.: 65061 PAACEl. NO. : 755 Wi_Mil'e;."~-- f'lIII1rIn ' ~ ' E'cc/ogIItI , an.,.- , L.lIndape ~ . ~ CaIdInIJ ~~ ,.. , Fcrt,.." , ... . IhiIIi:n ' r.,.. 1ll7J_""-lYtJ>> ,,... /'iriU/I'lHW ,,,.,, ......"." Fa 1IHOft' IlWrlIt -1IIlm*.- I 25, 2003 - 15:03:09 MLAMUREIX:\SUR\Nll015\951ad100.dwg L279 r N CO o ~ -~ ~ L278 o o ..- '-.../ P.D.B. I EXISTING ;' I SIDEWALK ~ .} EASEMENT "j ..... LO Ol I Lj e:::: NOTES: lOF I I ,~ ~ o e:::: -I <t: Z <t: U ..- LO Ol 0:: U 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02.15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. 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. 3M - 25 50 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION 10/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 755 OF XXX j 200 FILE NO.: 2L -812 " PROJECT: #65061 Collier Boulevard (Golden Gate Blvd. to Immokalee) PARCEL No(s): #142/742 FOLIO No(s): 00203520002 lOF . PURCHASE AGREEMENT THIS PURCHASE AGRElMENT (he~fter referred to as the "Agreement") is made and entered into this / day of LI.- , 2005, by and between CHRIST COMMUNITY lUTHERAN SCHOOL, INC., a Florida non-profit corporation, whose mailing address is 14785 Collier Boulevard, Naples, Florida 34119-9592 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" and a Temporary Construction Easement in the land described in Exhibit "B" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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 , All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Property to Purchaser for the sum of: $143,539.74 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"), Said payment to Owner 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 provided for in Chapter 73, Florida Statutes, Owner hereby authorizes Purchaser to make payment in the amount of $143,539.74 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property, 3, 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. 4, 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 Purchase Agreement .t.OF " Page4! funds to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser, 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 Pur~haser; 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, 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 all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2,' In accordance with the provisions of Section 201,01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further 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,) to F Purchase Agreement Page 3 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. ~TNES:;:gEREOF' the parties !Jereto have executed this Agreement on this J;':'- day of '~ , 200~. Property acquisition approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16 (B) (5), Dated 10/28/03, Condemnation Resolution No. 2004-182, Agenda Item No.1 0 (F), dated 5/25/04. AS TO PURCHASER: DATED: 1./- Jf~ 06 ATTEST: DWIGHT't~J:3ROCK, Clerk :'" ~..'..~~'~';: .....~ >~:. ~ :''':'.:: i:; .- '~\~,i ,~..,t_ .' 0.(, I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred W. Coyle, Chairman ~, , ", ~'t ~ DATED: . C. ~V\ tla."- \J~r: ~ ~~st'gj;:~ IJttL.TUJ Name {Print or Type} Christ Community Lutheran School, Inc" a Florida non-profit corporation ~'~_ICtU; Nancy ewis,. President . ~ I 14785 Collier Boulevard Naples, Florida 34119-9592 AS TO OWNER: ~Ak7~ S.. L/ TIL€' Name (Print or Type) Approved as to form and legal sufficiency: Yu. ~ CdJAn-<- ./'Ellen T. Chadwell Assistant County Attorney Ifsm#~ Agenda 5-~ -0 II Date CT ....J T Date LL if!-oC- Rec'd T -...) \\., I ----- I \I 17 II II a ~ '~ 0 II u ~ <:( ~ Tract "A" II g: CAMDEN COVE PLAT BOOK 39, PAGES ' U 24-25 \ I -c ,E, LO (j) .U.E, II ~ lfl u Cl II ~~ · 0 - o () OliO II · I')N ....Zl:l::1 ow v eCON r I t-~g S89'55'27"E ul-: :s --1 60,O~ 0- L1~.;- NORTH UNE OF SECTION 34, TOWNSHIP 48 S. RANGE 26 E RICHARD R, YUREWITCH O.R. BOOK 1533, PAGE 182 PARCEL 142 . 0 0 -c SOUTH UNE OF THE NORTH 1/2 - OF THE NORTH 1/2 OF THE -c NORTHEAST 1/4 OF THE LO NORTHEAST 1/4- (j) N89'54'58"W , 60,05' D:; u --- -c RUBEN A. & ROSA t<i, LO HERNANDEZ (j) O,R, BOOK 1191, ~ PAGES 1706-1707 0 ~ I ~ I I I I 0 I u REVISED 10-13-03 .- REVISED DESCRIPTION PROJECT NO.: 65061 PARCEl. NO. I 142 WI'..,I'.,..'- ~ 0 ...... 0.... ,arw,n O.........oWlIaG* 0 ~ ~ MIclIl_ m ... .1'IIf.... 0.... . ..... 0__ -_u..MtIf1J '_rI*MIHII11,,... -"0'" lIH4H1IIo... ......_ s.p 2S. 20003 - 1S:003:0& tdLAMURElX:\SUR\NIl01~\&S"d100,dwg . .J 11 200 EXHIBIT JL Page I tsf I NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02015'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions or record. 4, Easements shown hereon are 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. 11. B.E. represents Buffer Easement. 12, P ,U.E. represents Public Utility Ease{i11ent. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida and also being a portion of those lands described in O.R. Book 1533, Page 182 of the Official Records of Collier County, Florida: being more particularly described as follows: BEGINNING at the Southeast corner of Tract "0", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 02'15'04" East, along the Westerly 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 the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89054'58" West, along the South line of the North 1/2 of the North 1/2 of the Northe'ast' 1/4 of the Northeast 1/4, for a di,stance of 60.05 feet; thence North 02015'04" West, along 0 line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R, 951). for 0 distance of 334,79 feetj thenc~So'uth' 89'55'27" East, along the South Iin~ ,of said Camden Cove, Tract "0", for a dis~drice of. '60.05 feet to the POINT OF BEGINNING. 7' . Containing 20,087,70 uare feet or 0,4612 dcres, more or less. CUMI ANDREW B. BECK, P;S.M. (FOR THE FIRM) FLORIDA lie, NO. 6060, /~~:- (DATE "S/GNEOY NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION 1TrLEt SKETCH ct DESCRIPTION DATI: 07 /200~ PROJECT NO.: N60 T 5-005-000 SHm NUr.lBER: FILE NO.1 42 OF xxx 2L-812 I I . II 10/13/03 REVISED DESCRIPTION 65061 PARCD. NO. : 742 WI_Mil'B'..'- limn. ___ 'BoaIiigIIlII. ArwjiIn , ~~ . ~Qnl.fd ....Jar, tic .... . ItrfJ6n . ..... . ....... . '- -_....... .....IIIlriI.....1I'Iant 1lHIHJIJ.".....""........... ...._ Sip 2S, 2003 - 1S:03:08 MlAMURElX:\SUR\NG01S\9S1.d100.dwg "':-. \. 10~B':l -, POS II II '11 II II II -\1 TI II II II JJ ~ (!) ~c: · 0 . PU~~ ....Z"'I OW... 'It eoON ~~g ~ a.. a ~ u ~ ~ Tract "A" CAMDEN COVE PLAT BOOK' .39, PAGES 24-25 20' BE. 10' P. .E, NORTH UNE OF SECTION 34, TOWNSHIP 48 S, RANGE 26 E S89"55'27"E 5,00' z (/) o 0 ~ N ..... ..... (Jl (Jl o 0 ~: ~1I ~ rrl RICHARD R. YUREWITCH O.R. BOOK 15.33, PAGE 182 PARCEL 742 VI VI ~ '-l lO N89"54'58"W 5,00' SOUTH UNE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H, HERNANDEZ O.R. BOOK 1191, PAGES 1706 -1 707 I I REVISED PROJECT NO.: EXISTING WEST ROW LINE ~ I t:= 0 ~ ~ I 0 0 ....-l I --. \ ....-l LD C>> ~ U - ....-l LD C>> ~ 0 ~ ~ ~ 0 u 17 t:= o 0::: ~ ~ u -<< LD m ~ u ffi g;:f) o ~~ ~~ z CUENT: tmEI DATE: 07/200J 10 -~ 4 N -~ &0 100 200 GRAPHIC SCALE ~-~ NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon 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 Utility Easement. 11. B.E. represents Buffer Easement. 12, P.U.E. represents Public Utility Eas~ment. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South. Range 26 East, Collier County, Florida, being 0 portion of those lands described in O.R. Book 15.33, Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "A", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 89'55'30" East, along the South line of said Camden Cove, for a distance of 5.00 feet; thence South 02'15 '04" East, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C,R. 951), for a distance of 334.79 feet, to it's Intersection with the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 'of the Northeast 1/4; thence NO,rth 89'54'58" West along the South line 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 0 distance of .334.79 to the POINL OF BEGINNING. '\' ,"e") I',' . '.{; .' Containing 1,672.70 square fe~t or 0,0.384 acres" more or less. : .:. . ,,' ' ~k:t (FOR THE fiRM) ANDREW B, BECK, P,S.M. FLORIDA L1C. NO. 6065,' /qb.Vb~ (DATE' SIGNED>") NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION TEMPORARY CONSTRucnON EASEMENT PROJECT NO.1 N6075-005-000 SHEET NUMBER: F1lE NO.: 42 OF XXX 2L....812 lOF . PROJECT: 65061 PARCEL No(s): 116 FOLIO No(s): a portion of 36666960008 PURCHASE AGREEMENT THIS PURCHASE AGRE~!'AENT (hereinafter referred to as the "Agreement") is made and entered into this II f" day of f\.r r', ) , 2005, by and between STANLEY SOHN AND LINDA SOHN, husband and wife, whose mailing address is 619 East St., Mansfield, MA, 02048-2912 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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, All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Property to Purchaser for the sum of $ 95,030.00 subject to the apportionment and distribution of proceeds pursuant. to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"), Said payment to Owner, payable by County Warrant, 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 provided for in Chapter 73, Florida Statutes, Owner hereby authorizes Purchaser to make payment in the amount of $95,030,00 to Midwest Title Guarantee Company of Florida, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property, 3, 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, 10F . Purchase Agreement Page 2 4, 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, 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 title, 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 all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2, In accordance with the provisions of Section 201,01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, lOF Purchase Agreement Page 3 . 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.) 11, Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. 12, 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 f\, f". \ , 2005, . Property acquisition approved by BCC pursuant to Resolution No, 2004-182 dated May 25,2004; agenda item 10(F), AS TO PURCHASER: DATED: I~I ~,- . "\I""'''t'.",, , ..ji'"'''' I!lIllA'I, f;~..," ,o\1i}~. uuqllt... "" "'.....:,,....,' 8\ .........'V. ", : ,,'):.~.l.." ..... ~~' 0." . "" ~'\ '.. ~~~~~E::~~~CW'~l.~ ,.bt :~, :'. 'r' ""'i : ...L.~~:t \~"f.....,. I r- / ~ I.-. ,r ,,--: '.. ,,1 ", ".. ./' ~ .,'" :"'1"': ... . . '.. "Q.L ( ...- . . , . ~l' ". .' ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Item # toE-- Agenda5,..a5 -() Date ~:d i-A--f'b: DepUty~ 1 UF Purchase Agreement Page 4 . AS TO OWNER: . ..1 DATED: Ii fR ,L 1/,).1 G} " jp''',li- CKtlhl. f)6/1 Witness (Signature) Shf'(ri -A()n~ ILia Name (Print or Type) ~ . ss ( Ignature) ~~ STANLEY SOHN ,Tu/ic. ~ Name (Print or Type .... f ,,,,/ ,il..~i... LJ v .~----_ Sherr.--?=}me k,t+- Name (Print or Type) ~~ S01iex FCJch~ Name (Print or Type) , ,_ ~/~',.A ('" J {,- c - I \.., ' ' LINDA SOHN Approved as to form and legal sufficiency: k c-JcL~ ~lIen T, Chadwell Assistant County Attorney II Pr l of-J... p~ l 0'1 c.n TRACT 0 --------------~-----------------------~ ~ GOLDEN GATE ESTATES UNIT NO, 2 P.8. 4, PAGE 75 LINE L59 L60 LINE TABLE LENGTH 55.00 55.00 BEARING S89'31'28''W N89'31'28"E LEGAL DESCRIPTION A portion of the North 165 feet of Tract 112 Golden Gate Estates Unit No.2, Plat Book 4. Pages 75-76, Collier County, Florida, being more particularly described os follows: NOTES: F . ~ ,...... q ~ e::: -.J 0 <( e::: z b () 0 ..- .- l!) '-.../ 0'1 ..- LO 0::: 0'1 , U a::: ~ (J ~I 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at Northeast corner of Tract 112; thence S.00'28'32"E. along the East line of Tract 112, 0 distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 112; thence 5.89' 31'28"W. along said South line, a distance of 55.00 feet; thence N.00'28'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 112; thence N.B9'31 '28"E, along the North line of Tract 112, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. 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. DAVID J. H FLORIDA Ll . C1.-/7'OJ (DATE SIGNED) NOT VALlD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB /143 PIlOJECT NO.: 65061 PARCEl. NO, I 116 . WlI..III.,..'- /'limn.......' ~. an.,w,. ~~, ~~ MlQJabJ; tic .. . ,.,..... ' ... . ..... . -- --~..... ............ ,,,.. ......'".. 1IHH1I.............- ;ep 1 IS, 2003 - 13:115:09 MlAMURE\X:\SUR\NIS0111\911lld100.dwg N ] DO 100 GRAPHIC SCALE , j 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTA T/ON SKETCH & DESCR~T/ON 09/200:1 PROJECT NO.1 N6015-005-000 SHm NUMBER: 116 Of" XXX FlU NO.: 2L-812 lOF . PROJECT: PARCEL No(s): FOLIO No(s): 65061 716 a portion of 36666960008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT thereinafter referred to as the "Agreement") is made and entered into on this I J I fJ day of A (J~; 1.. , 2005, by and between STANLEY SOHN AND LINDA SOHN, husband and wife, whosemailingaddressis619EastSt..Mansfield.MA 02048-2912, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TeE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the TCE to Purchaser for the sum of $2,300.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE 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 TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes, Owner hereby authorizes Purchaser to make payment in the amount of $2,300.00 to Midwest Title Guarantee Company of Florida, as settlement agent for the distribution of proceeds incident to said sale and conveyance of Property, 3, 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 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 me date of Closing, 4, Both Owner and Purchaser agree that time is of the essence in regard to' the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser, At closing, Owner shall deliver a Temporary Construction Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner, Temporary Construction Easement Agreement LlJ; . 5, Owner is aware of 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 County; 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 County, that the seller 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. 7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's representation under paragraph 6. This provision shall survive closing and is not deemed satisfied by conveyance of title, 8, Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2, In accordance with the provisions of Section 201,01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 9. Owner agrees to grant the TCE for the purpose of maneuvering equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property, This TCE shall expire on September 30,2008, In the event that the construction of the grade-equalizing slope has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction, Owner shall be provided with a copy of the recorded Notice of Time Extension, 10, This Agreement is governed and construed in accordance with the laws of the State of Florida, 11, 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, 12, Conveyance of the TCE, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so lOF Temporary Construction Easement Agreement . Page 3 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, IN WITNESS WHEREOF, the parties b~reto hav~ ex~cuted this Temporary Construction Easement Agreement on this II ' day of jJrnJ t- ,2005. Dated Project/Acquisition Approved by BCC: Condemnation Resolution No, 2004-182, Agenda Item No, 10F, Dated 525/2004, AS TO PURCHASER: DATEP~"".,,Aftlv Ilj 2-0~~ , -0T'" ,,,-" -...-,;.;, " I ~ L{ ~ .... . ~li...8i"" :.:~~~ '. . <~<:- '. A.::.'I.~!: . '~_ ,_ -.. 'J '. D'tliGH"T ~:;BRdCts'~ Clerk .~~ . " ,-: ~~~'~~ , .: ,~""- =- - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~.J W ~ Fred . Coyle, Chairman ]TNESSES: hi AAL,{;,L y#- (Signature) . 5h e r( I - /Jnn~ /L, I tJ (Printed Name) /P~ ;sf9nature) S-vl i a ~tthDf:P (Printed Name) , Ave ~Ot-lN - JkMJ:-C/frb 1/11 (Signature) ~"\h'l'("\' - Q()()e ~ (Printed Name) ~~ ( ature) JvliC\. ~kncHf (Printed Name) - I '- ..,.? / / ,/ LiNi:~~~ // ~- ,--,..~ Approved as to form and leg~ sufficiency: /V~C/~ Ellen T. Chadwell Assistant County Attorney L127 li:tr r c ,( I I ~ 0 ;--.. ~ ~ <i 0 0:: ~ 0 u 0 ..- ..- II) '-.../ m ..- II) ~ m U , 0:: U , . TRACT CITD EXHIBIT 'f A' I, ~ 1 ~I L123 r r -" -Jo tv N 01 -t:-- TRACT _________________ _ ____ ------------- L125 ---~------~ ~ GOLDEN GATE ESTATES UNIT NO, 2 P.B. 4. PAGE 75 TRACT CD}) LEGAL DESCRIPTION A portion of the North 165 feet of Tract 112 Golden Gate Estates Unit No. 2 Plat Book 4, Pages 75-76. of the P~blic Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 112; thence S.89'31'28"W. along the North line of Tract 112, a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 1 65.00 feet to its intersection with the South line of the North 165 feet of Tract 112; thence S.89'31'28''W. along said South line, a distance of 5.00 feet; thence N.00'28'32''W., a distance of 165.00 feet to its intersection with ttje North line of Tract 112; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. ~f l.~ (FOR THE FIRM) FLORIDA L1C.' 'NO. 5834 q -;( '--:0 J ; (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 PROJECT NO.: 65061 PARCEl NO. I, 716 W1_MIII.r...~- ,..,.......... ,~ ,......,. '~AraIIIIcIr . ~~ ~ I1c. MIIIiir ' ,.".... ' .... . ..... . ,. ..,.,...... '_Aida..., ,,,., ........,., 1fHH1I.............._ SIp 19, 2003 - 11 :24-:4-8 MI.N.lURElX:\SUR\NlI01 e\B51edl OO,dWll 09/200:1 LINE L123 L124 L125 L126 L127 LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 BEARING S89'31'28"W 500'28'32"E sa9'31'28"W NOO'28'32"W N89'3"28"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90, East Zone. 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. N' 25 110 100 GRAPHIC SCALE COLL/~R COUN7Y D~PARTM~NT OF TRANSPORTATION SKITCH 4t D~SCRIPTION PROJECT NO.: N60'5-005-000 SHm NUMBER: 716 ,OF XXX FILE NO.: 2L-812 PROJECT: 65061 PARCEL: 752 FOLIO: 66262014221 TORE AGREEMENT THIS TDRE AGREEMENT (hereinafter referred :5S fhe "Agreement") is made and entered into on this If day of Y , __ , 2005, by and PEBBlEBROOKE lAKES MASTER ASSOCIAl4'ON, NC. a Florida non profit corporation (hereinafter referred to as "Owner"), whose address is 8610 Pebblebrooke Drive, Naples, FL 34104, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TORE"), over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from the proposed driveway transitioning and desires to convey the TORE to the County for the stated purposes of constructing on Owner's lands with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed roadway, sidewalk, and drainage improvements on Collier Boulevard, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TORE requested by County. NOW THEREFORE, in consideration of these premises set forth above, 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 TORE to County at no charge to the County. 2. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier County, Florida. 5. 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. 6. Conveyance of the Property by Owner is contingent upon no other provisions, corlditions, Gi pr6iT.ises otiler tllan those so ctatoc abc..!e; and th0 \,vritton 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. 7. 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 II day of , 2005. Dated ProjectJAcqu ition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 AS TO PURCHASER: ./ DATED: '1.. ,t, c::> ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uJ.- W. ~ Fred W. Coyle, Chairman ,<-"". .~. 'II~ ... ASTv~\NN~~', .'~~' ~)" . ~../ I A)'J '. ~., .' ";'. .~) ... . C, I\.. DATED:',';~i,;.j.,'t'~'o ~ PEBBLEBROOKE LAKES MASTER ASSOCIATION, INC., a FI rida non~ofit corporation - BY: -~ gnature) / - Name:~C/f >c1L{U~r (Print Qf~pe) I Title: ~ l (Print Corporate itle) ~ Witness (Signature) Name:J(\~w1I""'" {V\~~ (Print or Type) ~alUl"j Name: G",~;<f&-".l (Prin Type) Approved as to form and legal sufficiency: J;)1/L tiLL V i'--- Heidi F. Ashton Assistant County Attorney I: ~ /oJ ... ~ ~ '" C 01 t i K ;;- Ul C -' ~ ~ ~ i 8 }' ~ I j' r ~' t;I i ;il: f iU'~ · !,~I it ~ if i!ll: ~ i f if, ~ i I i g ~ I f i! er.1 ~ 8 Ui ~I .. t~ 01' I , ~ tl ~~ i~ ~~ i: ~~ ~~ S~ ""l ~~ t1 ~i a f\.)~ ,....~ I I. Ul -.. f\.) ~ _AKES PHASE 28 ICES 57-58 TRACT C-B r 6 Tract "R-1" (Right-of-Way) PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4-12 PEB8LEBROO~E LAKES PHASE 28 PLAT BOOK 33, PAGES 57-58 "lJ S; '-j"lJ rom om o~ Alii~ (",j ;00 ooC'l - or<- \) A . )>"'01. gs; VIA .Jlo. ,." IV) N TRACT C-- 7 63 OT 64 'I I~OT -TRACT 65 LOT 66 'T COUNTY ROAD 951 (C,R. 951) 100. ROW ! Q ~ - t. ~_C.R. ~ o Ol ;0 ~ Vi C rrI 0 Z ~~~~ f'T1 1J "~ rr1 U1U1UlUl ;;0 t8 O3~m()1 n 0 r~ r c r Z f'T1 Z =< z -=I .Jlo.m.Jlo.m C) rrl n 010010 -j 0 ~/~ NaNb I -j i:: NONO )> i:: CD tT1 Z r VI fT1 0 rn 0.1 ~ "" zZVlV) 0 2Q Ul QlOOlO '1~'/~ Z t~.Jlo.~ C) Ul.J>.Ul Nv'j,J . tD~tD~ >>: r I; . fTI~~"" ~ ~ o ~ or;; .,,~ ~g V);c:: ~=< ::00 i!~ :::l~ Q::o ~i! ~ nV)oz ", C ;0 0 \;,1 ~~~'-j t ::!J~>~ n orr ~:;o is rr1 ~ o~~~ ...,ooI O. .~ ~ 3::(JJg . ~ -1 ~ ~ -1, I Ul . , I 1J r '-j' , , 0 f11 "I." ,': ~ ::!1 po OfT'!.'" '.J ,. ~ ;'.ti)'::B'~'" 1'*1 . " ~ )>> ~ oIflj .......l '\. 0 \.. ~ -:0... ..-:' :;{). . Z9 ".,:Z.', j;.j J') ," ,( ~ r~" ,i ~ o~. ,..' ".J. r ;0 G" \il" /., >" rn _ :;0." G') .~. '~( .:: o ", . "Z' c' , ''1 ~ )>)>' 8 . C .'i;JU l- 0.1 r Z -"""', s: "".' 00 ; ~. ,." , z-l (J)I I",/'Tl o :-0 :;0 9 0 ~ =E " ~ C9 '0 '0 ~ .... m III III Ol Cl ::l ::l ..... r<- Ul Ul ;0 1J .0' 0 :r :5' ..... ..... I 0 0 ..... ..... I en =E m 0 I.Q ~ :;' :J 5' '? "lJ P p " Cb '0 @ Ul Cl ::l ..... Ul "0 o S' ..... n ..., 0 3 3 Ol :::I n C9 3 III :J :+ 951 CANAL ROW ~ N021:l J,"W'" - - ffb> '0;003 if 0 ., .........en O-Orl-"{)-t 0 UI :J Qg'l .....'O:~~/'Tl !t.....~(~ :r f11 '0- z".J>..r'".J>.;tr.-:J!i2 :Jr<-,,0'1lI V) :i' -lii'.J>. ml C'lZ ,O:r(llO' () Oo.NO;..",Og:CllZ (lloii"C'" ;;0 :i' ...,<g tq r<- N 1111 V) Z 3 :"0-0 ~ I.Q 1J ....Ul :r ~:JoG') Qc:ogr; l\.) mor'lllliii'ogc: Cll52:U1,,:!. (5 :j o ::!. ~ ~ '< s= ~ '0 0'., 111 '< ~ _<r<-Z" Vl (",j Z~. 0 ;;:-'00"'" 3.Algb~ N Z ~.....:Jc: :r _....Q::r:rC\)r<-~1lI _. Cll .... " ' 0 Zoo CD :r-' OOo.mN 0"::1_::10 UlZ ~OC\)UlN III . -. 0 - (Xl . oao. of> OI.Q::lCll (",jo In ;:o'l~;:l. :!. Ul 1J .... '< -. :r lR - 0.:;: zo~",":r 0::>0";- -'m 0 0 o.j>. 2 m ~ .....~c:l'3fTl g.-:]~o m r<- g~~:r~I.Q"~~ (J) ,...". 0 -+. ~ O:r.....N O~o.:ol.Q - 0 ::1. III en~ 0 cO:r "l(ll:E....g [o~. 0 O'l o -I~OIllO::l o.ooon. 0.1 ~ ...... :J. 0 U\ .., ~ ., (1) =,,0 I.Q 0 . .1:" 0.... o iii' .0 Al Q ~;:':rl-~~ 0 0 U1"(",jO- n . 1;0; 0'9-..... -o.!-A9,Al iti No.. -::JUI Q.o ::l0 y. N.........:EQI.QO~ o C "lJ1.Q C'l '..... 1 :r (l) :J -. ~;aQ 15: 3 (l)~(l)!:'lo""'oo. !-'!,;<iilo~ (l) 0 ::l :r 111 0 r<-'< C'l 01 0. 111 -I UI r<- I.Q ., .... _ CD 0 (ii' 0 a 2JU1:r(ll (\) o -. . ..... V) .... 0 ::lZOOO ,+ g~(l)o 0 ,..,.CbaO:Jcm Q.' I 1J::1. ""\ ~o~ ~:;:P.~ oU1-< _:T 0 -.(Xla~ 0 !J' c .Jlo. iil~ N'1:;Ol\.) ~ :J' 000 . Z 1>> UI ~ r<- ~ :3.2- Ul,." ., III 0 !i'~ . 0. ro -I o lD 0 :r V,I o Ul -. 0- iii' .....Cl o ~. V) UI !:!!. :r3 ::J Cb .....~lI> Cb CD Ul 0 0 iii' ;e :J r<- r<---..o 0 l\)o- ::J iii'~ ., ,..,. 0 \);00' g. l\) " Ul 111 Cb D' III :;?:! o 0 ::ItDP 0 u ~ c <..., l\) L~ ;;), .....~ ., III ~.J UI CIl :J p- 3 o-......I.Q C P- Cb 0 0' if ~ :T :J 0 Cb (ll ..... " CIl ~ ., ,!II 0. -. ,-to CIl -.:J :r 0 ., 5 I.Q Ol :J (i) mZ=E ~ 0 Ul (j) (l) UI (l) ~ " < OUl CD z"l.... 0 ~ -r---- '0 ..... )>~- :r III o' o U1 5' ng " :J (Xl0j/1l III Vl -0 ~~'9. g 0 Q :+ ::l (0 0. o.:E 0 . 0 1'1 C ::J 0 ~ UI .... 8 MEMORANDUM Date: August 4, 2005 To: Paul Young Right-of- Way Property Acquisition Specialist From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Purchase Agreement and TeE Agreement with Raymond M. And Tammy L. Sobel Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #10F), approved by the Board of County Commissioners on Tuesday, May 25, 2004. If you have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure PROJECT: 65061 PARCEL No(s): 114 FOLIO No(s): a portion of 36667020002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this \..{!( day of Au~+ ,2005, by and between RAYMOND M, SOBEL and TAMMY L. SOBEL, husband and wife, whose mailing address is 13965 Collier Blvd., Naples, FL 34119 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; 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 one hundred twenty two thousand seven hundred twenty six dollars and 32 cents ($122,726.32), 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: ~ 122.726,32 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner 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 business damages, as provided for in Chapter 73, Florida Purchase Agreement Page 2 Statutes. The Owner hereby authorizes Purchaser to make payment to American Government Services Corporation as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. In addition, the Purchaser shall provide funds to the closing agent for payment of $10,989 to Policastro & LeRoux, P.A., $8,000 to Calhoun Collister & Parham, Inc., $1,687.50 to Mr. Green Thumb Horticulturist, and $1,185 to Cawthra Consulting & Appraisals, Inc. It is mutually understood that the Property is being acquired under the threat of condemnation. 3. 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. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within thirty (30) 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. 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 Purchase Agreement Page 3 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. 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 all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. 10. 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. 11. 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 Purchase Agreement Page 4 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.) 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. 13. 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 4.c day of Av -1'\'~ , 2005. '-' Property acquisition approved by BCC pursuant to Resolution No. 2004-182, Agenda item 10(F), dated 5/25/2004. AS TO PURCHASER: DATED: ~W~ ~ "" ' , ,'..1{) . ~ ~,..f:{J , ATTEST.' <,\-:,..,._......!. @'",- .. ..~;~.; . . 1 . ,.,~.,:;' ' "',. ~ DWIGH1'3~:. .~,R9CK,,~CI.6t!<, ~. ~'-. - ~ . :2 . ~'. .' _. .;~ 'f"! ~..~";AA)O~~.k ~'.t L.;';:) t a;) \:.0 ena i'f4Dt1~~~~~ erk signature onlJo . AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~.A w. C+ Fred W. oyle, Chairman .ne, Purchase Agreement r CCLlrh (~ ,\ \.Ct ~sor4J \v'\~ iYlc\.a "beo iITq Name . t or Type) V \~ 'w.2.? (/tt:j Name (Print or Type) Approved as to form and legal sufficiency: ~lA I ,\-" Heidi Ashton Assistant County Attorney Page 5 EXHIBIT "A v Page--l, of....!.... OJ U1 TRACT ---------------------8 ---------------~I~-- . OJ ~ o o GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4. PAGE 75 LINE L55 L56 LINE TABLE LENGTH 55.00 55.00 BEARING S89'31 '28" N89'31 '28"E LEGAL DESCRIPTION A portion of the North 1/2 of Troct 113 Golden Gate Estates Unit No.2. Piat Book 4. Poges 75 and 76, Collier County, Florida, being more partIcularly described as follows: Beginning at the Northeast corner of Tract 113; thence S.00'28'32"E. olong the Ecst line of Troct 113, c dietance of 165.00 feet to its Intersection with the South line of the North 1/2 of Tract 113; thence S.89'31'28"W. along said South line. a distance of 55.00 feet; thence N.00'28'32"W.. a distonce of 165.00 feet to its intersection with the North line of Tract 113; thence N.89"31'28"E.along the North line of Troct 113, a distonce of 55.00 feet to the POINT OF BEGINNING. Contolning 9.075.00 square feet or 0.2083 acres. more or less. NOTES: 1. This is not 0 eurvey. '0 o ... '-'" h Ii ..J <x: z <S ... 10 OJ ... 10 en Ii U I Ii u L L ~ 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. , Subject to easements, reservations and restrictions or record. 4. Eosements shown hereon are per plat, unless otherwiee noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. repreeents Point of Cammencement. 8. O.R. represente Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Eosement. 1 -:( 7 ~()) -: (DATE SIGNED) !' NOT VAUD WITHOUT;THE SIGNATURE AND THE ORGINAL RAISED' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCI1. NO. : 114 Wil.MiIIBi.-~W- /'limn' ~ ................,... ~_, ~ ea..tlllll ~tlC -_lJaI"'III'_==''';''~~'.=..w,__ ..__ SIP 16, 2003 - 16:11:47 IoILAMUREIX:\SUR\NSOle\G61odl00.dwg N ,'.,.- ,I o 2:5 ao 10D 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION 09/20OJ SKE:TCH de DESCRIPTION PROJ[CT NO.: filE NO.' N60t5-005-000 2L-812 --, ,-,...~,_.......-""''',.-_._. ~ PROJECT:65061 PARCEL No: 714 FOLIO No: a portion of 36667020002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h~reinafter referred to as the "Agreement") is made and entered into on this ~ day of AVtf\+ , 2005, by and between RAYMOND M, SOBEL and TAMMY L. SOBEL.:, husband and Wife, whose mailing address IS 13965 Collier Blvd., Naples, FL 34119, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for construction of public facilities on adjacent lands; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of two thousand dollars ($2,000.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $2,000,00 subject to the apportionment and distribution of proceeds pursuant to paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant,' shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and Temporary Construction Easement Agreement Page 2 fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for .all other damages in connection with conveyance of said TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment to American Government Services Corporation as settlement agent for the distribution of proceeds incident to this TCE Agreement. It is mutually understood that the Temporary Construction Easement is being acquired under the threat of condemnation. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within thirty (30) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 4. Owner is aware of 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. 5. 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 County; 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 County, that the seller 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. 6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's representation under paragraph 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, Temporary Construction Easement Agreement Page 3 however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. 8. Owner agrees to grant the TCE for the purpose of constructing public facilities in this area. This TCE shall expire on September 30, 2008. In the event that the construction of the public facilities has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. 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. 11. Conveyance of the TCE, or any interest in the Property, by the 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. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this 4 -I( day of A'fJ'K , 2005. Dated ProjecUAcquisition Approved by BCC: Resolution No. 2004-182, Agenda item 10(F), dated 5/25/2004. AS TO PURCHASER: DATED: ql-i\U.C ATTEST: BOARD OF COUNTY COMMISSIONERS .,' ------,_...._~-------,..~.~"-" Temporary Construction Easement Agreement Page 4 _ ". ' \:'2' ~ f.'1l ,<\\~... ._,.....4. @!.' " '.'" , ,. '", ~>, DWIGH1>E. BROCK; Clef.!< ' ~ ;~:a"~k~ 1 <,or:':' '_.l,L'D~ ,'Clty Clerk Attest as to '~~t!~~)":" s 19nature onl y, ... AS TO OWNER: DATED: 7 /25/05 COLLIER COUNTY, FLORIDA BY: 7uJ.. W, ~ Fred W. Coyle, Chairman WITNESSES: 'fs}t,~ '- Signature , jjoi\\\\di'"1 ~jral (Printed e) D M. SOBEL RA (Signature) (i L ~ tj!J.L ~ (Printed N me) (Signature) (P~~~) ,av t1~irrb 7D7rlClJ . (Pr ed Name) G Approved as to form and legal sufficienc : '-- Heidi . A hton Assistant County Attorney TRACT @ L 117 \I II EXHIBIT A page--L of.....J... ~Ol:;;: ARCEL , 714 r r ..... .... TRACT _______________ .-~--------c:[~~--------------- L115 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT @ LEGAL DESCRIPTION A portion of the North 1/2 of Tract 113 Golden Gate Estotes Unit No.2, Plot Book 4-, Pages 75-76, of the Public Records of Collier County, Florida, being more, particularly described as follows: Commencing' ot the Northeast corner , ,of Tract 113; thence S.89'31'28"W. , alang the North line of Tract 113. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.OO'28'32"E., a distance of 165.00 feet to its intersection with the South line of the North 1 /2 of Tract 1 1 3: thence 5.89'31 '28"W. along said South Une, 0 distance ot 5.00 feet: thenae N.00'28'32"W., a distance of 1 65.00 feet to Its intersection with the north line of Tract 113; thence N.89'31'28"E. along sold North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. 'Contoining 825.00 squors feet or 0.018S acres. more or less. LINE L113 L114- 11 15 11 1 6 L117 NOTES: "...... , ~ o c:: "0 o .- '-' .- LO m c:: cJ ~ 1 I LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 h ~ o c:: ~ .- LO m ~ C,) ~ SEARING S8S'31'28"W SOO'28'32"E S8S'31 '28"W NOO'28'32"W N8S'31'28"E 1. This is not a survey. 2, Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinotes NAD 83/90, East Zane. 3. Subject to easements, reservotions and reetrictions or record. 4-. Easements shown hereon ore per plot, unless otherwlee noted. 5. ROW. represents Right-ot-Way, 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point ot Commencement. 8. O.R. represents Officio I Records. 9. L.B.E. represents Landscape Buffer Eosement. 10. U.E. represents Utility Easement. DAV/D':J,.HY ,P; . (FOR THE FIRM) FlOfiJD.4...Li~. NO.5. 34- .. ..' .r. q';d:? ~,~J3:: ;. (DATE SIGNED) NOT VALID WITHOUT tHE SIGNATURE AND THE ORGINAL 'R!ItjSO; 5€AL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 lJEcrr NO., 65051 PAlWEl NO. I 714- , , Wil.n.ill".'~W- I'lImon ' ~ ' ....... ,....,.,. , LNoIpoAnMM ' ~ GWIIIID ~,h:. ll""""Ill,_::N:1:?~ ar:*..;~'::.w, _......... 09/200:$ 10, 200J - H'17'34 lotWlUREIlC:\SUR\NS0111\8alldlo0.dw8 N 1-- o 25 60 100 GRAPHIC SCALE' I 200 COLLl~R COUNTY D~PARTM~NT OF TRANSPORTATION PROJECT NO.: N6015-005-000 SKE:T'CfrJZ DESCRIPTION nLE NO.1 2L -812 101 AGREEMENT THIS AGREEMENT, made and entered into this~K~ day of May, 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), Rorida 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), Rorida Statutes, provides that each county shall distribute the funds to nongovernmental, not-for-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, 10 I b, To provide for the care of infants awaiting placement with adoptive parents, c. 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, or the balance of the revenue received from October 1, 2004 through September 30, 2005, c, 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. 2 101 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 event of such termination by either party, the COUNTY shall be entitled tal 0 , 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: AN tJ fu-.x... Ut rJ CD C~~~ ATTEST: DWIGHT.Eo BROCK, Clerk , c S' ~)l .~, ,.~ <, '" ~~~~~~ ~~"jh~ . :- Deputy Clerk ,'. ~""t U' tf,.Cba, tnaan · s '1._.,~1.' !>." ~..~': ""~: ~. Approved as to fonfi and legal sufficiency: /~ ~/ ~ Robert N, Za ary Assistant County Attorney LIFE CHOICE PREGNANCY RESOURCE CENTER, By and through its Board of Dir tors BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ ~~ DONNA FIALA, Chairman Item # \OT Agenda '5 (z:s {"u Date' VI Date 5I28(ol~ Rec'd 4 STATE OF FLORIDA ) COUNTY OF COLLIER) ACKNOWEDGED BEFORE ME this .as~ay of a , 2004 by Carolyn Hoover who is known to me to be the Vice Chair an f the Board of Directors of Life Choice Pregnancy R~urce Center, and who ( ) is personally known or ( ) who provided 'kl ') as identification, 101 My Commission Expires: ~~'~~ Mn~K~ f:f"b.'f~ MYCOMMISSION# 00304461 EXPIRES ~~:~.: i March 28, 2008 ?:.'{nY.:ff.~ 80NGED THRU TROY FAIN INSURANC~ INC Notary~ jA ~~~ 5 RESOLUTION NO. 04- 174 16Al RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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 RESPONSIDILITY 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, ,,:d~\~( ':,' , ,2004. DATE:,~~., """ ATTEST: ::' " DWIG}lT E. BROCK; CLERK 4 .~Lt"~&Qx!,. Approved as ~~ <gi ~~l..... . sufficiency: S 19natureOfll1. · ~o.~_D f~o.~0 J e Ifer A. Belpe 0 Assistant Collier County Attorney this BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ J;d DONN FIALA, CHAIRMAN Item# #,;(// D.:,; ~ 16 A21~ COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of...Lti.L, 2004 between DiVosta Homes, LP, hereinafter referred to as "Developer", and the Board ofCounl.fy C6mmissioners of Collier County, Florida, hereinafter referred to as the "Board". . RECITALS: A. The Developer has, simultaneously, with the delivery ofthis Agreement, applied for the approval by the Board of a certain plat ofa subdivision to be known as VeronaWalk Town Homes (phase 1), B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $1,172,876.00, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by the Developers engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve 7fB/2004- 139405 Ver: 02!- DHURST CA#43 N050&- TH1-000- ESBM. 28472 16 A 21, improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 6/2912004- 139405 Ver: 011- DHURST CA.43 N0506-TH1-000- ESBM- 28472 16A2 IN WITNESS WHEREOF, the Board amlJhe DeV~l~, er have caused this Agreement to be executed by their duly authorized representatives this::.:l-Lday of ,2004. , SIGNED DiV osta Homes, LP IN THE PRESENCE OF: By: ~ ~ Witness :IJ1L J\S} ~\~ ~.3~ Printed or typed name Michael D. Rosen, Vice President W:pJ.~ I ~.dcl 5c-l~r""'~ r Printed or typed name +"~~::V,~8(/,, SADA E. ARIAS *.~.,. MY COMMISSION # DO 071794 ">..~,. EXPIRES: March 10, 2006 "~8 Of ,,0"" B011d Thru Budget N tory Services I ~ , C. Y COMMISSIONERS TY, FLORID By: Donna Fiala, Chairman Approved as to form and Legal Sufficiency: }}~1l1' JenniferA,Be edio Assistant County Attorney Item# ICRt1 Q Agenda 5 -dS-QLl Date ,- ~~~d l"~-~ 6129/2004- 139405 Ver: 01\- DHURST CA'43 N0506-TH1.000- ESBM. 26472 O( 16A2 .. COLLIER COUNTY LAND DEVELOPMENT PERFORMANCE BOND BOND NO 08664390 KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta Homes, L.P.. 4500 PGA Boulevard. Suite 400. Palm Beach Gardens, Florida 33418, (hereinafter referred to as "Owner") and Fidelity and Del'osit Company of Marvland. 1400 American Lane, Schaumburg. IL 60196 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida, 2800 North Horseshoe Drive, Naples, Florida 33942 (hereinafter referred to as "County") in the total aggregate sum of one million one hundred seventy two thousand eight hundred seventy six and 001100 ($1,172.876.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat name Verona Walk. Town Homes. Phase I and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation ofthe Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development regulations (hereinafter the "guaranty period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and safe harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include an alteration, addition or modification of any character whatsoever. #08664390 16A2 IN WITNESS WHEREOF, the parties' hereto have caused this PERFORMANCE BOND to be executed on this 1 st day of Julv. 2004. Witness DiV osta Homes, L.P. V.'\(\\D;\;{'J~ t\ [0AYf:i.1 ~ IV-- f~ Calvin R. Boyd, Director 0 Fidelity and Deposit Company of Maryland in-Fact 16A2 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 1st day of July, 2004, before me, the undersigned authorized employee, personally appeared Calvin R. Boyd, who acknowledges himself to be Director of Treasury Operations for DiVosta Homes, L.P" that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26,2006 / 'I \ () l ~ ,I' (t '::>L ~ ' D ~ { j ;~ u"J Notary Public, Marcia G, Howard Oakland County, Michigan --- (<<>fARY MARtiAG1CwARo~ t ~ATlOF~; , .HY~~:::.."~ ~ I '. ;-,':':"..~~~~~,:bJs__ MH:033 16A2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TV AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofth~,~~~lp-f~aryland. by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance ,Q[~uWI6tS;)&JjMt~y Article VI. Section 2. of the By-Laws of said Companies, which are ~et forth on .the reverse ~~~~(~ ~lfe,r~~ied to be in full force and effect on the ~ate hereof, does ~ereby nonu~ate, conS~~fl~(llPtf~!P~.~~r~~I~~^iACOBS. Stephen T, KAZMER, Bonme KRUSE, Jenmfer J, MCC~~tl)~~~u~~+~MObkE, Dawn MORGAN and Mary Beth PETE.RSON, all of C~unt~si.9..~rf~, \!f:~~~J~n~ff~~~trtand Attomey~in-Fact, to',make, execute, seal an.d delIver, for, and~?_~ ~~@t~~~~~~~.MeM~j.aIlY and al~ b~nds and ur:'dertaking.s and the executIOn of such. b~I3~\!lR!!ert'akin~.m~~u~J..~tlliese presents, shall be as blOdlOg upon SaId Comparues. as fully and amply, to alllOte.l1t8'ariOjllJ,~:-~~iflh~ad been duly executed and acknowledged by the regularly elected officers of the Company at it~~t~aJtfn\t,re, Md., in their own proper persons. The said Assistant Sci':re~ does hereby certify that the extmct set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of March. A.D. 2003. ATTEST: ! FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ", " ,'.; :'...1 ..", ;, .,.', a:yv~ By: Assistallt Secretary Paul C. Rogers ~ T. E. Smith Vice Presidellt State of Maryland City of Baltimore }ss: On this 6th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. came PAUL C. ROGERS, Vice President, and T. E. SMITH. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn. severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies. and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above written. €~~"" ~$' ~"D CJ~' ~~'-1.IV00 Sandra Lynn Mooney NoraI''' Public My Commission Expires: January I. 2004 POA-F 036-0013A 16A2 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President. or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power. by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require. or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances. stipulations, policies, contracts, agreements, deeds. and releases and assignments of judgements. decrees. mortgages and instruments in the nature of mortgages....and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI. Section 2. The Chairman of the Board. or the President. or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries. to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances. stipulations. policies. contracts. agreements. deeds, and releases and assignments of judgements. decrees, mortgages and instruments in the nature of mortgages....and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned. Assistant Secretary of the RDELITY AND DEPOSIT COMPANY OF MARYLAND. ;md the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. do hereby certify that the for~goi!lg Pc-we, of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-Pre~idi~nt who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2. of the respective By-Laws of the RDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the RDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary. or Assistant Secretary of the Company. whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 1st day of July 2004 Gfd~ Assistant Sl.'crctaf'\' 16A2 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S,S, COUNTY OF COOK } On Jul y 1. 2004 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Bonnie Kruse, known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ~0mmiSSiO~EXPires on March 25, 2005 ..J::~c:"- ~ .\\ ~Gt- Notary,Ptrt5lic- "OFFICIAL SEAL" PEGGY A. FAUST NOTARY PUBLIC, STATE OF ILLINOIS { MY COMMISSION EXP~:~ Bond No, 08664390 - Dated: Julv 1.2004 16A2 g ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk ofloss resulting from acts ofterrorism (as defined in the Act) under this"bond is $ waived_This amount is reflected in the total premium for this bond. Disclosure of Availability of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I % of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in anyone calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General ofthe United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only ami de rot m"dify your bond or affect your rights under the bond, CopyTight Zurich Ameril:an Insurance Company 2003 16A2 VERONAWALK TOWN HOMES - PHASE 1 OPINION OF PROBABLE COST Sanitary Collection System $ 258,775 Potable Water $ 168,724 Drainage $ 254,682 Paving $ 265,576 Lighting $ 8,823 Landscaping (Code Minimum) $ 45,000 Irrigation (Code Minimum) $ 64,671 Total Probable Cost $ 1,066,251 Bond Amount (110% Total Probable Cost) $ 1,172,876 9/25/2003 - # 128423 N0506-TH1-000-ESBM 16A2 SANITARY COLLECTION SYSTEM DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE Pumpstation (8' diameter wetwell) 1 LS $ 75,00000 $ 75,000.00 TV sewer (preliminary) 3984 LF $ 2.50 $ 9,960.00 TV sewer (final) 3984 LF $ 2.55 $ 10,159.20 8" PVC Gravity Main (0-6' cut) 1246 LF $ 16.00 $ 19,936.00 8" PVC Gravity Main (6-8' cut) 1411 LF $ 19,50 $ 27,514.50 8" PVC Gravity Main (8-10' cut) 631 LF $ 27.50 $ 17,352.50 8" PVC Gravity Main (10-12' cut) 551 LF $ 35.00 $ 19,285.00 8" PVC Gravity Main (12-14' cut) 145 LF $ 43.00 $ 6,235.00 8" PVC Gravity Main (14-16' cut) 0 LF $ 52.00 $ - Manhole 4' Diameter (0-6' cut) 7 EA $ 1,300.00 $ 9,100.00 Manhole 4' Diameter (6-8' cut) 4 EA $ 1.450.00 $ 5,800.00 Manhole 4' Diameter (8-10' cut) 3 EA $ 1 ,90000 $ 5,700.00 Manhole 4' Diameter( 10-12' cut) 1 EA $ 2,30000 $ 2,300.00 Manhole 4' Diameter (12-14' cut) 2 EA $ 2,700.00 $ 5,400.00 Manhole 4' Diameter (14-16' cut) 0 EA $ 3,000.00 $ - 6" PVC Forcemain 115 LF $ 13.50 $ 1,552.50 8" PVC Forcemain 0 LF $ 17,30 $ - Single sanitary sewer service 128 EA $ 320.00 $ 40,960.00 Double sanitary sewer service 6 EA $ 420.00 $ 2,520.00 TOTAL SANITARY = $ 258,775 9/25/2003 - # 128423 N0506-TH1-000-ESBM 16A2 POTABLE WATER DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE Air Release Valve 5 EA $ 1,300.00 $ 6,500.00 1" PVC Double Service 64 EA $ 400.00 $ 25,600.00 Connect to existing water with gap configuration 2 LS $ 2,000.00 $ 4,000.00 6" PVC Water Main 968 LF $ 13.00 $ 12,584.00 8" PVC Water Main 0 LF $ 15.00 $ - 10" PVC Water Main 1500 LF $ 20.00 $ 30,000.00 12" PVC Water Main 1798 LF $ 25.00 $ 44,950.00 16" PVC Water Main 0 LF $ 30.00 $ - 3/4" PVC Water Service complete 12 LS $ 270.00 $ 3,240.00 Fire Hydrant Assembly 16 EA $ 2,100.00 $ 33,600.00 6" Gate Valve wI Box 3 EA $ 550.00 $ 1,650.00 8" Gate Valve wI Box 0 EA $ 650.00 $ - 10" Gate Valve wI Box 2 EA $ 750.00 $ 1,500.00 12" Gate Valve wI Box 4 EA $ 850.00 $ 3.400.00 16" Gate Valve wi Box 0 EA $ 1,050.00 $ - Permanent Bacterial Sample Point 2 EA $ 850.00 $ 1,700.00 TOTAL POTABLE WA TER = $ 168,724 9/25/2003 - # 128423 N0506- TH 1-000-ESBM STORM SEWER 16A2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE Valley Gutter Inlet (Top and Bottom) 2 EA $ 1,881.00 $ 3,762.00 Curb Inlet (Top and Bottom) 34 EA $ 2,000.00 $ 68,000.00 Grate Inlet (FOOT Type 0) 8 EA $ 1,380.00 $ 11,040.00 Junction Box (3' x 3') 2 EA $ 1.390.00 $ 2.780.00 Junction Box (4' x 4') 3 EA $ 1,800,00 $ 5,400.00 Control Strucure 1 EA $ 2,500.00 $ 2,500.00 15" RCP 343 LF $ 22.00 $ 7,546.00 18" RCP 1978 LF $ 25.00 $ 49,450.00 24" RCP 1531 LF $ 32.00 $ 48,992.00 3D" RCP 932 LF $ 36.00 $ 33,552.00 48" RCP 370 LF $ 48.00 $ 17,760.00 15" Flared End Section 2 EA $ 420.00 $ 840.00 18" Flared End Section 0 EA $ 440.00 $ - 24" Flared End Section 1 EA $ 660.00 $ 660.00 3D" Flared End Section 3 EA $ 800.00 $ 2,400.00 TOTAL DRAINAGE = $ 9/25/2003 - # 128423 N0506- TH1-000-ESBM 254,682 PAVING 16A2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE 3/4" Asphaltic Concrete (Type S-III)(1st lift) 12,008 SY $ 2.00 $ 24,016.00 3/4" Asphaltic Concrete (Type S-III)(2nd lift) 12,008 SY $ 1.53 $ 18,372.24 Interlocking Brick Pavers 412 SY $ 30.00 $ 12,360.00 12" Stabilized Subgrade 15,488 SY $ 2.10 $ 32,524.80 6" Limerock Base 12.935 SY $ 4.20 $ 54,327.00 Sodding (Bahia) 700 SY $ 1.00 $ 700.00 24" Valley Gutter 2,599 LF $ 4.50 $ 11,695.50 Curb & gutter (Type "F" and Modified Type "F") 6.676 LF $ 6,50 $ 43,394.00 2' Concrete Ribbon 357 LF $ 8.00 $ 2,856.00 4" Concrete Sidewalk 3,934 SY $ 16.00 $ 62,944.00 12" Solid stripe thermoplastic 432 LF $ 1.70 $ 734.40 24" Solid stripe thermoplastic 75 LF $ 3.50 $ 262.50 Reflective pavement marker 30 EA $ 5.00 $ 150.00 Stop Sign 5 EA $ 120.00 $ 600.00 Speed Limit Sign 2 EA $ 120.00 $ 240.00 Street Sign 5 EA $ 80.00 $ 400.00 9/25/2003 - # 128423 N0506- TH 1-000-ES 8M TOTAL PAVING = $ 265,576 STREET LIGHTING 16A2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE 25' concrete pole and fixture 1,700 LF $ 5.19 $ 8,823.00 9/25/2003 - # 128423 N0506-TH1-000-ESBM TOTAL LIGHTING = $ 8,823 LANDSCAPING 16A2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE Cade minimum landscaping 1 LS $ 45,000.00 $ 45,000.00 9/25/2003 - # 128423 N0506- TH1-000-ESBM TOTAL LANDSCAPING = $ 45,000 IRRIGATION 16A2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE 8" Irrigation Main (C-900, CL 150) 3298 LF $ 17.21 $ 56,758.58 8" Gate Valve wi Box <1 EA $ 928.00 $ 3,712.00 Controller wi Rain Sensor 1 EA $ 3,000.00 $ 3,000.00 Electric Solonoid Valve 6 EA $ 200.00 $ 1.200.00 TOTAL IRRIGA TlON = $ 9/25/2003 - # 128423 N0506- TH 1-000-ESBM 64,671 WiISOnMiller " 3200 Bailey Lane. Suite 200 Naples, Florida 34105-8507 Phone No. (239) 649-4040 Fax Nos.: Accounting: ..................649-5476 Administration: . .............,.... ..............263-6446 Business Communications: ...............263-6422 Survey Crew Staging: .......................263-6447 Design Studio: ...................................649-4909 Design Development: ..._.................263-6494 Environmental: .... ........... .............. ......263-6491 Human Resources: .......:..................263-6445 Main (Mailroom): ..............................643-5716 Public Infrastructure: ........................263-6492 Survey: .. ................ ............. ... ...........643-6682 Transportation/Public Works:........... ..263-6465 IT:........................................... ........... .263-6407 Mr. John Houldsworth Engineering Review Service Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 uEL1VERY We are sending attached via: 0 Client Pickup l'8I Delivery 0 Mail o Prints 0 Plans 0 Specifications 0 Change Order o Disk 0 Thermal Plot l'8I Other: 16A2 lEnER OF TRANSMITTAL Date: 07/29/04 PIN: N0506- TH 1--000-- File Designator: ECOR Project Name: VeronaWalk Town Homes Phase 1 Ref: Revise Construction Agreement o Overnight Express, the following items: o Copy of Letter o Shop Drawings Copies Date Drawino File No. Description/Sheet Numbers 1 7/7/04 NIA Revised cover sheet of the Construction & Maintenance Agreement These are transmitted as checked below: o For approval C8:I For your use 0 As requested 0 For review and comment 0 For Bids Due o 0 Prints Returned After Loan To Us Please find enclosed the revised cover sheet of the Construction and Maintenance Agreement for VeronaWalk Town Homes Phase 1. Please call if you have any questions. Thank you QECE1VED ~'-~ .~1Ii,"1~1l6 'I-~' ):. ~Uu" J'~ ~ J) -,- COpy TO: Original to Client Copy to Project File 7129/2004. 140649 Ver: 011. GOEQOMfN CA#43 NOS06- TH1.QOG- ECOR. 27623 SIGNED Giovann De Dominicis If enclosures are not as noted. kindly notify us at once, 16A3 ORIGIi~P\L COLLIER COUNfY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAlNTENANk AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this & day of /)l..( , 20~etween DiVosta and Company, Inc., hereinafter referred to as "Developer", and the Board 0 County Commissioners of Collier County, Florida, hereinafter referred to as the "Board", RECITALS: A. The Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be lmown as VeronaWalk Town Homes (phase 2), ~n l~.(J2....a'f- Diviaieft 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the improvements required improvements. B. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within twenty-four (24) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision perfonnance secwity (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $1,062,870.00, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4, The required improvements shall not be considered complete until a statement of substantial completion by the Developers engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer . in writing of his refusal to approve 11512005- 121157< Vor: 011. DHURST .,..., - TH2-OOO- !58M- mIlS --- 16A3 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6, The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to seCLrre satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfilI all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 1/5/2005. 128574 Ver; 01:~ DHURST CM4' f>105OO. ThZ.OO(l. ESSM. 2nos 16A3 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of IMA't ,2006\- SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness ,D~,~~~ ~ ~:rCW\~ _ Printed or typed name W~ $1 , ,/,/" '-- l1 ~ iff, ro rinte or typed name ATTEST: DWIGHT:is:~~'i~;"~LERK ~~;\:.~: ":~"".~:'(!~::'" By: .,."... 'A~, ,'~",: r9 ,'-., '1 tk .. ....... ....,t...." ~ ...... ~ Attict ~ :io'~,.: i s 1p~-_~.6~).""l; ,/ c.,.. ~__ ..,...~'''' . APPro~:fri~4a~~-{~gal Sufficiency: .\,., J~~, Assistant County Attorney DiVosta and Company, Inc. ~77 ..0 Bf-=::'.?h /~ /--- / By: Michael D. Rosen. Vice President BOARD OF COUNTY C011MISSIONERS OF COLLIE OUNTY, FLO A , Chairman 1I~ 12857. vet:01'-[lHURST ~, N06Il1l-11i2-OOO- ESBM. 27705 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 8195-39-16 16A3 KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta Homes, L.P., 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, FL 33418 (hereinafter referred to as "Owner") and Federal Insurance Company, Sears Tower, Ste. 4700, 233 S. Wacker Drive. Chicago, IL 60606 (hereinafter referred to as "Surety") are firmly bound unto Collier County, Florida, 2800 North Horseshoe Drive, Naples. Florida 33942 (hereinafter referred to as "County") in the total aggregate sum of one million sixty two thousand eight hundred seven and 00/100 ($1.062,870.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the County a certain subdivision plat named Verona Walk. Townhomes Phase 2 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment" whenever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. 16A3 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 7th day of February, 2005. ~';' ."PErfERAL INSURANCE COMPANY r; : i ~;~~'~..'~ ..' - . /":~/{~:.'<:'~'... .....:.i,:;, . ~~. ,,:>By: ~ . . .' ~ ""':, ,I' - ~.. -.. ,~6 {,/' , ~r" "., ' ~ Bonnie J, Kruse, Attorney-in-Fact DIVOST A HOMES, L.P. By .IU;~:' wl~ess: R~~ Wibless: -J}/K[tWli ~ ~' /\ -' ? ?--p, 'u , / Robert Porter, Senior Treasury Analyst Wibless: -I.~,~ ~ Wibl~rh.~ ~ Chubb ~ Surety POWER OF A TIORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute. and appoint J ames I, Mo 0 r e , Peggy Faust, Bo~nie J. Kruse, Alice Rhoads, Stephen T. Kazmer, Kelly A, Jacobs, and Dawn L, Morgan of Countryside, Illinois _________________________________________ each as their true and lawful, Attorney-In-Fact to execute under such designation in their names and to affix their ~rporate seals to and deliver for and on their behalr as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the rTlQdiflCBtion or alteration of any instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGIlANT INSURANcE COMPANY, and PACifIC INDEMNITY COMPANY have each executed and attested these presents and affixed their cor.porate seals on this 31 s t day of J ul y, 2000 " ~ ~~ ~?_~~ nneth C. We el, Assistant Secreta Fra k E. Robertson, V' President STATE OF NEW JERSEY }... County of SomerMt On this 31st day of July 2000 . ,before me, a Notary Public of New Jel1ley, personally came Kenneth C. Wendel. to me known to be AsSistant Secretary oT FEDERAl INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the sa,id Kenneth C. Wendel being by me duly sworn, did depose and say that he is AsSistant Secretary of FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY end knows the corporate _Is thereof, that the _is etrlXed to the foregoing Power or Attorney are .uoh corporate _is and were thereto atrlXed by authority of the By-laws or said Companies; and that he signed said Power of Atlomey as AssIstant SecretaI)' of said Companies by like authority; and that he is lICqualnted with Frank E. Robertson. and knows him to be Vtce President of said Companies; and that the signature of FrankE. Robertson, subscribed to said Power of Morney is In the genuine handwriting of Frank E. Robertson, and was thereto .ubcCribed by authority of said By-I..aws and in deponent's presence. . \\)Q~e. ~ MICHELE R, McKENNA Notary Public, State of New J1rser No. 2229941 Commission Expires Sept. 25. 2004 CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: . All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a VICe President or an Assistant VICe President, Jointly With the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following offICers: Chairman, President, any VICe President, any Assistant VICe President, any Secretary. any Assistant Secretary and the seal of the Company may be affIXed by facsimile to any power of attorney or to any certifICate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certifICate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company With respect to any bond or undertaking to which It is attached.- I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify thai (I) the foregoing extract of the By-laws of the Companies is true and correct, (ii) the Companies are duly licensed and aulhorized to transact ,surety business in aD 50 of the United Stales of America and the District of Columbia and are authorized by the U. S. Treasury Department; fur1her, Federal and Vigilant are licensed in Puarto Rico and the U. S. Virgin Islands, and Federal Is licensed In American Samoa, Guam, and each of It1e Provinces of Canada exoept Prince Edward Island; and .. Qil) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 7 t h day of Februa ry, 2005 ~z1t.J,,_~ . . nneth C. Wendel, A tant Secretary ...' 1S-1().(l225 (Ed. 4-89) CONSENT ACKNOWLEDGEMENT BY PRWCWAL 16A3 STATE OF MICHlqAN ) )ss. COUNTY OF OAKLAND) On this 7th day of February, 2005, before me, the undersigned authorized employee, personally appeared Robert Porter, who acknowledges himself to be Senior Treasury Analyst for DiVosta Homes, L.P., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expire: February 13,2005 ""', ~\I~.~\..: I ~.,~. ;~~ ':., >'".~- M~gg{~:~.~~jl~;-; ~;:~\;:::~. i~~'~~, ;:-~~3 ,-' +, . <~,~~" ,;/" ~~~... <;;+'~ i .:-~tr..- ~'... _~.~., 71i!l,t~" Mli:033 . <". -" ;"'(;.,i,- - - ~.:~~ ,'" : {J~"" . ,;/i># ,,' "'1" ~~l' " . )'~n . .ii>;.;' ";. -#,- ;~"..'~I ../ft} ~,.', .- . .- ~''''4 ~.:. "u~f1t -.if" 16A3 ACKNOWLEDGMENT OF SURETY STATE OF aLINOIS } } S,S. COUNTY OF COOK } On February 7, 2005 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Bonnie J. Kruse, known to me to be Attorney-in-Fact of Federal Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ~sion Expires on November 29, 2008 ~;k~-<fi Notary Pu ic J "OFFICIAL SEAL" PEGGY FAUST Notary Public, State of illinois My CommlSlion Expir.. 11/29/08 This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Group of Insurance Companies, Including Federal Insurance Company, Vigilant Insurance Company and Pacific Indemnity Company, Bond Number: 8195- 39-16 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion, Coverage for acts of terrorism is already included in the captioned Surety Bond, You should Imow that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United. States under the formula set forth in the Act, Under this formula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage, The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice, please contact your agent or broker, .,';..1.l:{ ,,< '.',: It,W!~c, "5:.., ,c. .,,' """1'1" lti.~. -..lr" (}~:,.~'~j," ~'., t '" '. ... Ji ~::. ,~ .,.". '~ i' c..~ j . .. ~ -- f-:~i' ;..~I"',' .,. P ~..... f 'I.l '.-.~ . ~-t 9 . ~_ .' . 'CHUSB' : ; ",_.. ~ ,. .,~; ~e:' J ~f ,I ,['. . - .. ".-' lo'. -","'';''...I\~:'','' . RESOLUTION NO. 2004--.l]5 16A8 ?J, " 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. (" 16A8 :1> (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 within TP As and including one area recommended by Lee County Conservation 20120 and endorsed by the CCLAAC. Additionally, with each successive mailing cycle, appropriate lands within TPAs 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 II. 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 TP A 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 TPA "' 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 TPA remaIn Adjacent to the Gordon IV Remaining native plant communities that buffer River corridor and at least the Gordon River corridor 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 S 11 T48 R26 -Sending TP A target lands across border with Lee County S12 T48 R26 - Sending TPA S6 T46 R28 - Non-TPA 16A8 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 TP As have been sent an interest inquiry letter or all Conservation Collier funds are spent. SECTION III. Effective Date. This Resolution adopted and made effective this motion, second and majority vote favoring same. ATTEST:., '"~''''' l)WiG:fIf-E~'B:koCK, Clerk , ... . A4 ;r " '~ .":" .. f,.,' (:.". a.y:. " ~....:,~ ~ > . ~tYClerl' · ,~~1 I~'-, .... .. .,'" ""r lv,test a$"t.o,.~.' ...._', S100~tur . '~t' .-.... ""'''''''':J~ 1. -~ , , \) I ,) dl$l' fU{'" n 8 M;tIJ day of May, 2004, after BOARD OF COUNTY COMMISSIONERS COLLIER C TY, FLORID By: Approved as to form and legal sufficiency: By: ~~ ;14- Michael W. Pettit Chief Assistant County Attorney I . ~-L."b.}/ I I ,.~ j 1~4~ l I Cj'''''::1'!- /, i. "---. .~C:~ '---'~" .7 .....w...~........~c_"...~ 16 All J MEMORANDUM Date: May 25, 2004 To: Nancy Mesa Financial Administration and Housing Department From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Item #16A 11, Grant Agreement Enclosed please find the three (3) original agreements as referenced above, approved by the Board of County Commissioners on May 25, 2004 (Agenda Item #16A 11 ). Kindly forward the agreements to the appropriate parties for the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 774-8406. Thank you. (if) "'<9$4"" DE'tJrr.'-O~~ Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 16 All u.s. Department of Housing and Urban Development 2003 Supportive Housing Grant Agreement - New This Grant Agreement is made by and between the United States Department of Housing and Urban Development CHUD) and Collier County Board of County Commissioners.Collier County Devartment of Financial Administration and Housine. 2800 N. Horseshoe Drive. Suite 400. Navies. FL. 34104 the Recipient, whose Tax ID number is 59-6000558 for Project NumberFL14B30-6002 IProject Identifier Number FL14121, as described on pages! through 20 of the Application, and as identified below: Project Name: Dedicated HMIS Proiect Project Sponsor: Collier County Devartment of Financial administration and Housin~ Project Location: 3050 N. Horseshoe Drive. Navies. FL. 34140 The assistance which is the subject of this Grant Agreement is authorized by the McKinney- Vento Homeless Assistance Act 42 U.S.c. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, as amended by 68 FR 56396 on September 30, 2003, both of which are attached hereto and made a part hereof as Attachment A, and the Notice of Fund Availability (NOFA), published April 25, 2003 at 68 FR 21581. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of 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 ~or the approved project described in the application. HUD's total fund obligation for this project is $155.599. The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2003 Appropriations Act. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Infom1ation Systme (HMIS) when implemented. If the Recipient is a State or other governmental entity required to assume environmental responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred www.hud.gov espanol.hud.gov 16 All >i before the completion of such responsibilities and HUD approval of any required Request for Release of Funds. If, in the application, the Recipient indicated that activities in any project will be carried out in an Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, 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 EZ/EC 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, unless 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 advantage of the Recipient hereunder be assigned without prior written approvalofHUD. For any project funded by this grant which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has fmanced this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. For any project receiving funds for acquisition, construction or rehabilitation, the following applies: The Recipient is required to execute and file for record a deed restriction, covenant running with the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty-year term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient and/or subrecipient wishes to sell or otherwise dispose of the assisted real property, they must request and receive written approval from the Departrt:lent 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. 16Al1 For projects involving acquisition, compliance with the recording requirement must be documented before release of any funds other than acquisition funds. For projects involving new construction or rehabilitation activities, compliance must be documented prior to the first release of federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon completion of recordation, Recipient 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, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance 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 misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing 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 repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. 16 All Recipients of assistance for acquisition, rehabilitation, or new construction shall file a certification of continued use for supportive housing for each year of the 20 year period from the date of initial occupancy. This Grant Agreement constitutes the entire agreement between the parties hereto, 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 This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: Signature and Date Maria R. Ortiz-HilL Typed name of signatory Director,Community Planning and Development Division Title RECIPIENT Collier County Board of County Commissioners Name of Organization By: (J~ AuthQrize, SilID ~ in: 1:.:.: s ~5'-- 5 iglli'tyr.. OIl". Typed name of signatory :) . ~ . l r. "...'\ 1~-rTEST:. ''',' ' [NIGHT E. B~OCKI,GLE~_ 7;t~~' "Jg;~' Depu:~'y C1 erk . '. '> .' '~J) "'.:.,;~.{'J . ~ '.: . Title 'f ATIACHMTh'T A lb~11' [Code of Federal Regulations] [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: 24CFR583.1] [Page 254] TITLE 24--HOUSING AND URBAN DEVELOPMENT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTIVE HOUSING PROGRAM--Table of Contents Subpart A--General Sec. 583.1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.c. 11381-11389). The Supportive Housing program is designed to promote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Components. Funds under this part may be used for: 1. Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; 2. Permanent housing that provides long-term housing for homeless persons with disabilities; 3. Housing that is, or is part of, a particularly innovative project for, or alternative 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. 15, 1993, as amended at 61 FR 51175, Sept. 30,1996] Sec. 583.5 Definitions. As used in this part: Applicant is defined in section 422(1) of the McKinney Act (42 U.S.c. 11382(1)). For purposes of this definition, governmental entities include those that have general governmental powers (such as a city or county), as well as those that have limited or 16 All 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 part 91.Date of initial occupancy means the date that the supportive housing is initially occupied by a homeless person for whom HUD provides assistance under this part. If the assistance is for an existing homeless facility, the date of initial occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. Date of initial service provision means the date that supportive services are initially provided with funds under this part to homeless 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 422(2) of the McKinney Act (42 U.S.C. 11382(2)). Homeless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.c. 11302). Metropolitan city is defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.c. 5302(a)(4)). In general, metropolitan cities are those cities that are eligible for an entitlement grant under 24 CFR part 570, subpart D. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U.S.c. 11382(5)). Outpatient health services is defined in section 422(6) of the McKinney Act (42 U.s.c. 11382(6)). Permanent housing for homeless persons with disabilities is defined in section 424(c) of the McKinney Act (42 U.S.c. 11384(c)). Private nonprofit organization is defined in section 422(7) (A), (8), and (D) of the McKinney Act (42 U.S.c. 11382(7) (A), (8), and (D)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles. Project is defined in sections 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 U.S.c. 11382(9)). Rehabilitation means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabilitation does not include minor or routine repairs. State is defined in section 422(11) of the McKinney Act (42 U.S.c. 11382(11)). Supportive housing is defined in section 424(a) of the McKinney Act (42 U.S.c. 11384(a)). Supportive services is defined in section 425 of the McKinney Act (42 U.S.c. 11385). Transitional housing is defined in section 424(b) of the McKinney Act (42 U.S.c. 11384(b)). See also Sec. 583.300(j). Tribe is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.c. 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 counties that are eligible for an entitlement grant under 24 CFR part 570, SUbpart D. [61 FR 51175, Sept. 30, 1996] 16Al1 -t '~ ,',J , [Code of Federal Regulations] [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: 24CFR583.IOO] TITLE 24--HOUS1NG AND URBAN DEVELOPMENT SECRETARY FOR COMMUNITY PLANN1NG AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583-SUPPORTIVE HOUSING PROGR.<\M-Table of Contents Subpart B--Assistance Provided Sec. 583.100 Types and uses of assistance. (a) Grant assistance. Assistance in the fonn of grants is available for acquisition of stmctures, rehabilitation of structures, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and supportive services, as described in Sees, 583.105 through 583.125. Applicants may apply for more than one type of assistance, (b) Uses of grant assistance, Grant assistance may be used to: 1. Establish new supportive housing facilities or new facilities to provide supportive services; 2. Expand existing facilities in order to increase the number of homeless persons served; 3, Bring existing facilities up to a level that meets State and local government health and safety standards; 4. Provide additional supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; 5. Purchase HUD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291; and 6, Continue funding supportive housing where the recipient has received funding under this part for leasing, supportive services, or operating costs. (c) Structures used for multiple purposes. Structures used to provide supportive housing or supportive services may also be used for 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) Technical 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 funds to recipients to: 1. Pay a portion of the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing or supportive services, including the repayment of any outstanding debt on a loan made to purchase property that has not been used previously as supportive housing or for supportive services; 16 All f 2. Pay a portion of the cost of rehabilitation of structures, including cost.effective energy measures, selected by the recipients to provide supportive housing 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) of this section. (b) Amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: I. $200,000; or 2. The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Increased amounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,000, may be available. Sec. 583.1l0 Grants for new construction. (a) Use, HUD will grant funds to recipients to pay a portion of the cost of new construction, including cost- effective energy measures and the cost of land associated with that construction, for use in the provision of supportive housing. If the grant funds are used for new construction, the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation or that there is a lack of available appropriate units that could be rehabilitated at a cost less than new construction. For purposes of this cost comparison, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b) Amount. The maximum grant available for new construction is the lower of: I. $400,000; or 2. The total cost of the new construction, including the cost of land associated with that construction, minus the applicant's contribution toward the cost of same. Sec. 583.1l5 Grants for leasing (a) General. HUD will provide grants to pay (as described in Sec. 583.130 of this part) for the actual costs of leasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b) I. Leasing structures. Where grants are used to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable space. 2. Leasing individual units. Where grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD- detennined fair market r~nts. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants, 16Al1 , [58 FR 13871, Mar. 15, 1993, as amended al59 FR 36891, July 19,1994] Sec. 583.120 Grants for supportive services costs. (a) General. HUD will provide grants to pay (as described in Sec. 583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by \he recipient 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 supportive services 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 fonner residents of transitional housing to assist their adjustment to independent living. Such services may be provided for up to six months 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 operating costs. (a) General. HUD wiIl provide grants to pay a portion (as described in Sec. 583.130) of the actual operating costs of supportive housing for up to five years, (b) Operating costs. Operating costs are those associated with the day-to-day operation of the supportive housing. They also include the actual expenses that a recipient incurs for conducting on-going assessments of the supportive services needed by residents and the availability of such services; relocation assistance under Sec. 583.310, including 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 for two years and up to 50 percent of the total cost for the next three years. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each 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 51 175, Sept. 30, 1996] Sec. 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUD will obligate amounts for a period not to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation, less the recipient's share of operating costs. (Approved by the Office of Management and Budget under OMB control number 2506-0112) (59 FR 36891, July 19, 1994] Sec. 583.135 Administrative costs. (a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance, (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 related 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 Sees. 583.105 through 583.125, [58FR 13871, Mar. 15, 1993,asamendedat61 FR51175,Sept.30, 1996] 16 All Sec. 583.140 Technical Assistance (a) General. HUD may set aside funds annually to provide technical assistance, either directly by HUD staff or indirectly through third-party providers, for any supportive housing project. This technical assistance is for the purpose of promoting the development of supportive housing and supportive services as part of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and promoting the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Uses of Technical Assistance. HUD may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive housing or services for homeless persons, for supportive housing projects. The assistance may include, but is not limited to, written information such as papers, monographs, manuals, guides, and brochures; person-to-person exchanges; and training and related costs. (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, or cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, July 19,1994] Sec. 583.145 Matching requirements. (a) General. The recipient must 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 more of the following: the recipient, the Federal government, State and local governments, and private resources, (c) Maintenance of effort. State or focal government funds used in the matching contribution are subject to the maintenance of effort requirements described at Sec, 583.150(a), Sec. 583.150 Limitations on use of assistance. (a) Maintenance of effort. No assistance provided under this part (or any State or local government funds used to supplement 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 will provide assistance to a recipient that is a primarily religious organization if the organization agrees to provide housing and supportive services in a manner that is free from religious influences and in accordance with the following principles: (A) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (B) It will not discriminate against any person applying for housing or supportive services on the basis of religion and will not limit such housing or services or give preference to persons on the basis of religion; (C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no 16 ~- ~ J.. .l religious proselytizing, and exert no other religious influence in the provision of housing and supportive services, (ii) HOD will provide assistance to a recipient that is a primarily religious organization if the assistance will not be used by the organization to construct a structure, acquire a structure or to rehabilitate a structure owned by the organization, except as described in paragraph (c)(2) of this section. 2. Rehabilitation of structures owned by a primarily religious organization. Rehabilitation grants may be used to rehabilitate a structure owned by a primarily religious organization, if the following conditions are met: . (i) The structure (or portion of the structure) that is to be rehabilitated with HUD assistance has been leased to a recipient that is an existing or newly established wholly secular organization (which may be established by the primarily religious organization 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 leased structure will be used exclusively for secular purposes available to all persons regardless of religion; (iv) The lease payments paid to the primarily religious organization do not exceed the fair market rent of the structure before the rehabilitation was done; (v) The portion of the cost of any improvements that benefit any unleased portion of the structure will be allocated to, and paid for by, the primarily religious organization; (vi) The primarily religious organization agrees that, ifthe recipient does not retain the use of the leased premises for wholly secular purposes for the useful life of the improvements, the primarily religious organization will pay an amount equal to the residual value of the improvements to the secular organization, and the secular organization will remit the amount to HUD. 3. Assistance to a wholly secular private nonprofit organization established by a primarily religious organization. (i) A primarily religious organization may establish a wholly secular private nonprofit organization to serve as a recipient. The wholly secular organization may be eligible to receive other fonns 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 religious influences and in accordance with the principles set forth in paragraph (c)(l)(i) of this section. (8) The wholly secular organization may enter into a contract with the primarily religious organization to operate the supportive housing or to provide supportive services for the residents. In such a case, the primarily religious organization must agree in the contract to carry out its contractual responsibilities in a manner free from religious influences and in accordance 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) of this section. (ii) HUD will not require the primarily religious organization to establish the wholly secular organization before the selection of its application, In such a 16 "'9 <C,''', f^.l ~ .J.. case, the primarily religious organization may apply on behalf of the wholly secular organization. The application will be reviewed on the basis of the primarily religious organization's financial responsibility and capacity, and its commitment to provide appropriate resources to the wholly secular organization after formation. The requirement with regard to site control, 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 obligation of funds will be conditioned upon the establishment of a wholly secular organization that meets the definition of private nonprofit organization in Sec. 583.5. (c) Participant control of site. Where an applicant does not propose to have control of a site or sites but rather proposes to assist a homeless family or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family or individual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilitation, or new construction. [58 FR 13871, Mar. 15,1993, as amended at 59 FR 36892, July 19, 1993] Sec. 583.155 Consolidated plan. (a) Applicants that are States or units of general local government. The applicant must have a HUD- approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submi t a certification that the application for funding is consistent with the HUD-approved consolidated plan, Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States or units of general local government. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD-approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions of the consolidated plan regulations, 24 CFR part 91, subpart F, (c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands, These entities are not required to have a consolidated plan or to make consolidated plan certifications. An application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will 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 reservation, the requirement for a certification under paragraph (b) of this section will apply. (d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOF A, the 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 NOF A. [60 FR 16380, Mar. 30, 1995] 16 All [Code of Federal Regulations] [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: 24CFR583.200] TITLE 24--HOUSING AND URBAN DEVELOPMENT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTIVE HOUSING PROGRAM-- Table of Contents Subpart (i.-Application and Grant Award Process Sec. 583.200 Application and grant award. When funds are made available for assistance, HUD will publish a notice of funding availability (NOFA) in the Federal Register, in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the requirements in section 426 of the McKinney Act (42 U.S.c. 11386) and the guidelines, rating criteria, and procedures published in the NOFA. [61 FR 51176, Sept. 30, 1996] Sec. 583.230 Environmental review. (a) Generally. Project selection is subject to completion of an environmental review of the proposed site, and the project may be modified or the site rejected as a result of that review. The environmental effects must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (42 U.S.c. 4320) (NEPA) 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 review by HUD. HUD will perform an environmental review, in accordance with part 50 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 review by applicants. Applicants that are States, metropolitan cities, urban counties, tribes, or other governmental entities with general purpose powers must assume responsibility for environmental review, decision making, and action for each application for assistance in accordance with part 58 of this title. These applicants must 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 24 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 certification and Request for Release of Funds with their applications. 16f~11 [61 FR 51176, Sept. 30, 1996] Sec. 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the initial funding period. To be considered for renewal funding for leasing, operating costs, or supportive services, recipients must submit 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 availablerhe 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 subsequent renewal will be for a period of time not to exceed five years. Assistance durin'g each year of the renewal period, subject to maintenance of effort requirements under Sec. 583.150(a) may be for: 1. Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding period; 2. Up to the amount 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's performance in previous years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a population that is not homeless, or the 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 living. In determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For recipients with a poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by technical assistance providers. Other factors which will affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site. 16Al1 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 not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. 3. HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) 1()~,11' - [Code of Federal Regulations] [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: 24CFR583.300] TITLE 24--HOUSING AND URBAN DEVELOPMENT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTIVE HOUSING PROGRAM-- Table of Contents Subpart o..Program Requirements Sec. 583.300 General operation. (a) State and local requirementsEach recipient of assistance under this part must provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet the following requirements: 1. Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. 2. Access. The housing 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 security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. 4. Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in 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 facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. 7. Thermal environment. The housing must have adequate heating and/ or cooling facilities in proper operating condition. 16 All J 8. Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the 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 suitable space and equipment to store, prepare, and serve food in a sanitary manner. 10. Sanitary condition. The housing and any equipment must be maintained in sanitary 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 occupied 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 detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of . battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoing assessment of supportive serviceaach recipient of assistance under this part 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 supervisionEach recipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision 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 a plan for HUD approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also Sec. 583.330(e). 16 All 2. Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless individuals and famifies, 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 make any reports (includiryg those pertaining to race, ethnicity, gender, and disability status data) that HUD may require within the timeframe req u ired. (h) Confidentiality.Each recipient that provides family violence prevention or treatment services must develop and implement procedures to ensure: 1. The confidentiality of records pertaining to any individual services; and 2. That the address or location of any project assisted will not be made public, except with written authorization of the person or persons responsible for the operation of the project. (i) Termination of housing assistance. The recipient may terminate assistance to a participant who violates program requirements. Recipients should terminate assistance only in the most 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 recognizes the rights of individuals receiving assistance to due process of law. 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 housintt. homeless individual or family may remain in transitional housing for a period longer than 24 months, if permanent housing for the individual 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 the homeless individuals or families remain in that project longer than 24 months. (k) Outpatient health 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 provision 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 only for leasing, 16Al1" . operating costs or supportive services costs must provide an annual assurance for each year such assistance is received that the project will be operated for the purpose specified in the 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 conversiorG.ecipients must agree to operate the housing or provide supportive services in accordance with this part and with sections 423 (b)(l) and (b)(3) of the McKinney Act (42 U.S.c. 11383(b)(1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefitlsl. accordance with section 423(c) of the McKinney Act (42 U.S.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 McKinney Act (42 U.S.c. 11383(b)(3)). [61 FR 51176, Sept. 30, 1996] Sec. 583.310 Displacement, relocation, and acquisition. (a) Minimizing displacementConsistent 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, nonprofit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced personLdisplaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.c. 4601- 4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements.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 of recipient. 1. The recipient must certify (i.e., 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 notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. 2. The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. 16 All 3. The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. (e) Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a .. displaced person," or the amount of relocation assistance for which the person is eligible, may file a written appeal of that determination wi.th the recipient. A low-income person who is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of displaced person. I. For purposes of this section, the term . . displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects 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 the property owner (or person in control of the site) issues a vacate notice, or refuses to renew an expiring lease in order to evade the responsibility to provide relocation assistance, if the move occurs on or after the date the recipient submits to HUD the application or application amendment designating the project site. (ii) Any person, including a person who moves before the date described in paragraph (f)(l)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (iii) A tenant-occupant of a dwelling unit who moves permanently 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 bUilding/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 tenant is not offered payment for all reasonable out-of- pocket expenses incurred in connection with the temporary 16A114 relocation, or (B) Other conditions of the temporary relocation are not reasonable. (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has 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-pocket expenses incurred in connection with the move; or (8) Other conditions of the move are not reasonable. 2, Notwithstanding the provisions of paragraph (f)(l) of this section, a person does not qualify as a . . displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (ii) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a . . displaced person" (or for any assistance provided under this section), if the project is approved; (iii) The person is ineligible under 49 CFR 24.2(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 may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotiationfDr purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term . . initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of projectFor purposes of this section, the term' . project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. 16;Al1 [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994] Sec. 583.315 Resident rent. (a) Calculation of resident rentEach resident of supportive 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, and child care expenses); 2. 10 percent of the family's monthly income; or 3. If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payments that is designated. (b) Use of rent.Resident rent may be used in the operation of the project or may be reserved, in whole or in part, to assist residents of transitional housing in moving to permanent housing. (c) Fees. In addition to resident rent, recipients may charge residents reasonable fees for services not paid with grant funds. (58 FR 13871, Mar. 15, 1993, as amended at S9 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 to provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used to provide supportive services except where an applicant will provide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a grant agreement (e.g., through a deed, lease, executed contract of sale). If such site control is not demonstrated within one year after initial notification of the award of assistance under this part, the grant will be deobligated as provided 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 eventually control the units, site control need not be demonstrated. (b) Site Change. 16All.. 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 suitable sites. 2. If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for 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 able to provide for the difference in costs, HUD may deobligate the award of assistance. (c) Failure to obtain site control within one yecUUJD will recapture or deobligate any award for 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 award. Sec. 583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding 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, color, religion, sex, national origin, age, familial status, and disability. (b) Nondiscrinination and equal opportunity requirementi'he nondiscrimination 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.) applies to tribes when they exercise their powers of self-government, and to Indian housing authorities (IHAs) when established by the exercise of such powers. When an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regulations. (c) Procedures. 1. If the procedures 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 must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. 2. The recipient must adopt procedures to make available information on 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 requirementsThe recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section 504 as follows: 16 All 1. All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 100.205. 2. Projects in which 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 3D, 1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 3D, 1996] Sec. 583.330 Applicability of other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, use of assistance provided under this part must comply with the following Federal requirements: (a) Flood insurance. 1. The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) prohibits the approval of applications for assistance for acquisition or construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (i) The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than a year has passed since FEMA notification regarding such hazards; and (ii) Flood insurance is obtained as a condition of approval of the application. 2. Applicants with supportive housing located in an area identified by FE",1A 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 198(a6 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. (c) Applicability of OMB CircularsThe policies, guidelines, and requirements of OMS Circular No. A-87 (Cost Principles Applicable to Grants, Contracts and other Agreements with State and Local Governments) and 24 CFR part 85 apply to the award, acceptance, and use of assistance under the program by governmental entities, and OMS Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) 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 may be obtained from E.O.P. Publications, room 2200, New Executive Office Building, Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-free number.) There is a limit of two free copies. .J14 ~ (d) Lead-based paint. 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 interest. 1. In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an 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 to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself 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 individuals who also are participants under the program in policy or decision making under See. 583.300(f) does not constitute a conflict of interest. 2. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)( 1) of this section on a case-by-case basis when 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 provided the following: (i) For States and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) For all 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 recipient has satisfactorily met the requirement of paragraph (e)(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (ii) Whether 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 with respect to the specific assisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (e)(l) of ,this section; (v) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest 16 All served by avoiding the prohibited conflict; and (vi) Any other relevant considerations. (f) Audit. The financial management systems used by recipients under this program must provide for audits in accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as it finds necessary or appropriate. (g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to this 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: At 64 FR 50226, Sept. 15, 1999, Sec. 583.330 was amended by revising paragraph (d), effective Sept. 15, 2000. for the convenience of the user, the superseded text is set forth as follows: Sec. 583.330 Applicability of other Federal requirements. ***** (d) Lead-based paint. Any residential property assisted under this part constitutes HUD-associated housing for the purposes of the Lead- Based Paint Poisoning Prevention Act and is, therefore, subject to 24 CFR part 35. ***** 16Al1 :.. [Code of Federal Regulations] [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: 24CFR583.400] TITLE 24--HOUSING AND URBAN DEVELOPMENT SECRETARY FOR COMMUNI1Y PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTIVE HOUSING PROGRAM--Table of Contents Subpart E--Administration Sec. 583.430 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 by HUD and the recipient. (b) Enforcement.HUD will enforce the obligations in the grant agreement through such action as may be appropriate, including repayment of funds that have already been disbursed to the recipient. Sec. 583.405 Program changes. (a) Hue approval. 1. A recipient may not make any significant changes to an approved program without prior HUD 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 approved type of activity to another, and a change in the category of participants to be served. Depending on the nature of the change, HUD may require a new certification of consistency with 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 for funding in the year the application was selected. (b) Documentation of other change~ny changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 1996] 16All J. Sec. 583.410 Obligation and deobligation of funds. (a) Obligation of funds.\Nhen HUD and the applicant execute a grant agreement, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases.After the initial obligation of funds, HUD will not make revisions to increase the amount obligated. (c) Deobligation. 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 the facility within nine months after grant execution. 2. HUD may deobligate the amounts for annual leasing costs, operating costs or supportive services 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 application; or (ii) If the proposed supportive housing operations are not begun within three months after the units are available for occupancy. 3. The grant agreement may set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. 4. HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability under See. 583.200, or (ii) Award deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. 16Al1 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: December 15, 2004 Subject: Subrecipient Agreement Re: CoC FY 2004 - 2005 - The Collier County Hunger and Homeless Coalition, Inc. - HMIS Attached please find the original subrecipient agreement between Collier County and Financial Administration and Housing Department (FAH) and the Collier County Hunger and Homeless Coalition, Inc. for CoC funding in the amount of $ 155,599 towards a project that will support future participation and inclusion into the HMIS (Homeless Management Information System) to better improve the sharing of data to effectively reduce and eliminate homeless ness, streamline resources, and to improve the overall continuum of care within Collier County. The Continuum of Care - 6002, HMIS agreement was approved by the BCC on May 25, 2004 - Item 16A11. The account string for this grant is 121-138755-882100-345811. Please call me at 659-5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant. Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager. Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 16Al1 AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLB30-6002 THIS AGREEMENT, is entered into this /SI- day of ~e.c t=?.I't1- h~ 20t2!/. by and between Collier County Board Of County Commissioners and Financial Administration & Housing (hereinafter referred to as CCF AH), and the Collier County Hun2er & Homeless Coalition~ Inc. (CCHHC)~ a private not-for-profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, CCF AH has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective, May 25, 2004, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Dedicated Homeless Management Information System (HMIS), pursuant to the McKinney- Vento Homeless Assistance Act section 423(b) and ( c), ~ 42USC 11383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction. (hereinafter "the ACT"); and WHEREAS, Pursuant to the aforesaid application CCHHC is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at-risk-ofhomelessness; and WHEREAS, CCF AH believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, CCF AH, in accordance with the HUD Grant terms, and CCHHC desire to provide the activities specified in the HUD Grant application with the following exceptions: · On or before October 30, 2004, the SUBRECIPIENT will provide CCF AH with a detailed line item budget and budget narrative indicating how the grant funds will be expended; and Collier County Hunger & Homeless Coalition/CoC SHP Page 1 of 15 16All · On or before October 30, 2004, the SUBRECIPIENT will provide CCF AH with a timeline indicating all information pertaining to the system administrator and the purchasing of system soft and hardware; and WHEREAS, CCF AH further agrees that it will use due diligence in supervising the SUBRECIPIENT to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, CCF AH desires to engage the SUBRECIPIENT to implement such undertakings of the Homeless Manae:ement Information System Proe:ram as stated in the aooroved Suooortive Housine: Proe:ram (SHP) aoolication as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: A. DEFINITIONS DEFINITIONS AND PURPOSE (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "CCF AH" means Collier County Financial Administration & Housing of Collier County, and where applicable, its authorized representative(s). (3) "CCFAH Approval" means the written approval of the CCFAH Department or its designee. (4) "CCllliC" means the Collier County Hunger & Homeless Coalition, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf (6) "SUB RECIPIENT" means Collier County Hunger and Homeless Coalition. lnc, (7) "Project" means the work contemplated to be performed as set forth in Exhibit" A", (8) "SHP" means Supportive Housing Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE TWO of this Agreement. One hundred percent (100%) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at-risk-of homelessness. Collier County Hunger & Homeless CoalitionlCoC SHP Page 2 of 15 16Al1 ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by CCF AH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. FLI4B30-6002. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to October 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A The SUBRECIPIENT shall be paid by CCF AH for allowable costs as specified in the grant contract with HUD, in an amount not to exceed $155.599.00 (ONE HUNDRED FIFTY FIVE THOUSAND FIVE HUNDRED NINETY NINE DOLLARS) for the services described in Exhibit It A" of which, $151.894.00 (ONE HUNDRED FIFTY ONE THOUSAND EIGHT HUNDRED NINETY FOUR DOLLARS) will go to the Collier County Hunger and Homeless Coalition with $3.705.00 (THREE THOUSAND SEVEN HUNDRED AND FIVE DOLLARS) of the original amount to be retained for CCHHC grant administration. An equal amount of $3.705.00 (THREE THOUSAND SEVEN HUNDRED AND FIVE DOLLARS) to be retained by Collier County for grant administration, for a total of $155,599.00. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. ARTICLE FIVE: PA YMENTSINOTICES A Invoices that have been approved by the SUBRECIPIENT shall be paid directly by CCF AH or, CCF AH shall reimburse the SUBRECIPIENT, In both cases, payment will be limited to items in Exhibit" A". Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify CCF AH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by CCF AH or designee within forty-five (45) days of said official notification. Collier County Hunger & Homeless CoalitionlCoC SHP Page 3 of 15 16Al1 <I B. The SUBRECIPIENT shall submit payment requests to CCF AH using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof These requests will only be approved if: 1. The contractor's/vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the CCF AH provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee, payment shall be made by CCF AH. All notices required to be given under this Agreement shall be sufficient when delivered to CCF AH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. C. All disbursements by the SUBRECIPIENT must be fully documented to CCF AH so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. D. The SUBRECIPIENT shall render a final and complete statement to CCFAH of all costs and charges for services not previously invoiced. CCF AH shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after October 30, 2005. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUBRECIPIENT shall permit HUD or CCF AH personnel or representatives to monitor the services, which are the subject of this grant. During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 2, Title vn of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 3, Age Discrimination Act of 1973 Collier County Hunger & Homeless CoalitionfCoC SHP Page 4 of 15 16Al1 4. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 5. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.c. 874 and 40 V.S.C. 276c), which deals with employee forfeiture of compensation by force. 6. Florida Statutes, Chapter 112 - which deals with conflict of interest. 7. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report, 8. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 9. OMB Circular A-133 - concerning annual audits, 10.0MB Circular A-122 - which identifies cost principles. 11. S24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The CCF AH Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUB RECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by CCF AH to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. Collier County Hunger & Homeless Coalition/CoC SHP Page 5 of 15 lSAl1 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. CCF AH will require audit and record keeping requirements, All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. The SUB RECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of HMIS activities and funds. All audits covering the use of HMIS funds shall be provided to the CCF AH Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCF AH Coordinator or HUD, may deem necessary. CCF AH shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or CCF AH shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS. EV ALUA TIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide CCF AH with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. CCF AH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by CCF All, the County, or HUD at any time, AUDITS AND INSPECTIONS At any time during normal business hours and as often as CCF AH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to CCF AH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. Collier County Hunger & Homeless CoalitionlCoC SHP Page 6 of 15 16Al1 The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-I10 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-B3 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to F AH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-B3 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ARTICLE ELEVEN: CONTRACT LIABILITY CCFAH shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between CCF AH and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to CCF AH hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to HMIS activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HMIS assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an HMIS assisted activity or with respect to Collier County Hunger & Homeless Coalition/CoC SHP Page 7 of 15 16Al1 the proceed of the HMIS assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter, ARTICLE FOURTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FIFTEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the CCHHC to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the CCHHC under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards, Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value of the improvements with a loss payable clause in favor of CCHHC, HUD and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. Collier County Hunger & Homeless CoalitionlCoC SHP Page 8 of 15 16Al1 TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of HMIS grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and CCF AH as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this agreement. The SUBRECIPIENT at its expense, must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The SUB RECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of CCF AH. Collier County Hunger & Homeless CoalitionlCoC SHP Page 9 of 15 16Al1 ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCFAH will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes, The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or CCF AH from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the HMIS grant. ARTICLE NINETEEN: NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent of CCF AH and HUD. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this J.>f- day of [Jec..~ b~y- ,20 04 , l BY: R & HOMELESS COALITION (SUBRECIPIENT SEAL) GER & HOMELESS COALITION COLLIER COUNTY, FLORIDA BY: Patrick. te Assistant County Attorney Collier County Hunger & Homeless CoalitionlCoC SHP Page 10 of 15 16All EXHmIT "A" SCOPE OF SERVICES 1. THE SUBRECIPIENT AGREES TO: A PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The purpose of this project is to support future participation and inclusion into the HMIS system to better improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. To have fulfilled the HUD requirement to implement an HMIS system by October, 2004 in order to continue to be eligible to receive HUD Continuum of Care funding, The SUBRECIPIENT further agrees that CCF AH, in consultation with any parties CCF AH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: HMIS Funds $148,189 Other $132,500 (MATCH) Purchase of equipment, including software, hardware, programming, training, technical assistance, salary for the HMIS system administrator, HMIS Space and Operational costs, and personnel Grant Administration Total $3.705.00 $151,894.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to CCF AH, on behalf of the COUNTY, as the Grantee, for CCF AH approval, in a form specified by CCF AH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, ifapplicable. Collier County Hunger & Homeless Coalition/CoC SHP Page 11 of 15 16Al1 E. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Software Purchase Personnel - Salary expense Personnel - Job related expense HUD HMIS Grant funds to be expended 50% of Funding Expended April 30, 2005 100% of Funding Expended October 30,2005 G, REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCFAH coordinator outlining the status of specific activities under the project, Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with HMIS funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for CCF AH approval of invoices, etc. for reimbursement. Collier County Hunger & Homeless Coalition/CoC SHP Page 12 of 15 16All EXHffiIT "B" COLLIER COUNTY HUNGER AND HOMELESS COALITION SHP-HMIS DEDICATED PROJECT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name Collier County Hunger & Homeless Coalition. Inc. Subrecipient Address 2001 Airport Road South. Naples. FL 34104 Project Name: Dedicated HMIS Proiect Project No: CoC 03-02 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 151,894 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Collier County Hunger & Homeless Coalition/CoC SHP Page 13 of 15 16Al1 EXHffiIT "C" COLLIER COUNTY HUNGER ANDF HOMELESS COALmON 2003-2004 HMIS DEDICATED PROJECT MONTHLY PROGRESS REPORT Complete form for past month and submit to F AH staff by the 1 ff' of the following month. Status Report for Month of Submittal Date: Project Name Supportive Housing Proiect - Dedicated HMIS Project Project Number CoC 03-02 Activity Number Subrecipient: Collier County Hunger & Homeless Coalition. Inc. Contact Person Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. Collier County Hunger & Homeless Coalition/CoC SHP Page 14 of 15 16All 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Progress on Completion of the Grant Activity (s): For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeffames for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by October 30, 2005. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY OCTOBER 30,2005, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return offunds, identification of other uses that could be completed by October 30, etc.). Collier County Hunger & Homeless Coalition/CoC SHP Page 15 of 15 16All Memorandum To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Subject: February 10, 2006 AMENDMENT TO SUBRECIPlENT AGREEMENT Date: Re: CoC FY 2004 - 2005 - The Collier County Hunger and Homeless Coalition, Inc. - HMIS Attached is an amendment to the original subrecipient agreement between Collier County and Financial Administration and Housing Department (FAH) and the Collier County Hunger and Homeless Coalition, Inc. for CoC funding, towards a project that will support future participation and inclusion into the HMIS (Homeless Management Information System) to better improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. The Continuum of Care - 6002, HMIS agreement was approved by the BCC on May 25, 2004 - Item 16A11. The account string for this grant is 121-138755-882100-345811. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator. Administrative Services Division Gwen Butler, Operations Manager. Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division 16All AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLB30.6002 THIS AMENDMENT to AGREEMENT, is entered into this ,g' day of Ml/rhlhl"'Y 20~, by and between Collier County Board Of County Commissioners and Financial Administration & Housing (hereinafter referred to as CCF AH), and the Collier County Hunl!er & Homeless Coalition, Inc. (CCHHC), a private not.for.profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04.3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the pnor Agreement between the Parties dated December I, 2004, WHEREAS, COUNTY and "THE SUBRECIPIENT' desire to amend EXHIBIT A referenced in Part B, and F of this Agreement, in accord with the approved 2003.2004 Annual Consolidated Plan; and WHEREAS, COUNTY and "THE SUBRECIPIENT' agree to this amendment of the original subrecipient agreement revising Scope of Services in SECTIONS Band F of EXHIBIT "A" and replacing that EXHIBIT with the attached hereto revised EXHIBIT A. WHEREAS, the county desires to engage the SUBRECIPIENT to implement such undertakings of the Continuum of Care Grant (CoC) as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: That the agreement of December I, 2004 is amended to replace the prior attached Exhibit "A" with the attached, revised Exhibit "A." Collier County Hunger and Homeless Coalition, Inc, Page 1 of4 16All WITNESS our Hands and Seals on this I R' day of MeJt"J")1 /yf ,20 05 COLLIER COUNTY HUNGER & HOMELESS COALITION (SUBRECIPIENT SEAL) BY: ~~,. FRED RICHARDS, EXECUTIVE DIRECTOR COLLIER COUNTY HUNGER & HOMELESS COALITION Approved as to form and lega ficiency: 1 Patrick' ,.' . ~lt. " Assistant County Attorney BY: COLLIER COUNTY, FLORIDA t:orlVW"~-~ CORMAC GIBLIN, MANAGER, HOUSING AND GRANTS COMMUNITY DEVELOPMENT DEPARTMENT Collier County Hunger and Homeless Coalition, Inc. Page 2 of 4 16All EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub.consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub. consultants shall be at cost. Such sub.consultants may include surveyors, testing services, or others as deemed necessary for the nature ofthe project. B, PROJECT SCOPE: The purpose of this project is to support future participation and inclusion into the HMIS system to better improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. To have fulfilled the HUD requirement to implement an HMIS system by April, 2006 in order to continue to be eligible to receive HUD Continuum of Care funding, The SUBRECIPIENT further agrees that CCFAH, in consultation with any parties CCFAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above, c. BUDGET: Line Item: HMIS Funds $148,189 Other $132,500 (MATCH) Purchase of equipment, including software, hardware, programming, training, technical assistance, salary for the HMIS system administrator, HMIS Space and Operational costs and personnel Grant Administration Total $3,705.00 $151,894.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to CCFAH, on behalf of the COUNTY, as the Grantee, for CCFAH approval, in a form specified by CCF AH, D, STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Collier County Hunger and Homeless Coalition, Inc. Page 3 of 4 16Al1 E. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Software Purchase Personnel - Salary expense Personnel- Job related expense HUD HMIS Grant funds to be expended 50% of Funding Expended November 15,2005 100% of Funding Expended April 30, 2006 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCFAH coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with HMIS funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for CCF AH approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition, Inc. Page 4 of 4 16A12 MEMORANDUM Date: May 26, 2004 To: Denny Baker Financial Administration and Housing From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: DCA Single Audit Act Verification Form Enclosed please find one original of the document as referenced above, (Agenda Item #16A12), approved by the Board of County Commissioners on Tuesday, May 25, 2004. If you should have any questions, please contact me at .774-8406. Thank you. . 16A12 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to makina Florida a better place to call home" JEB BUSH Governor HEIDI HUGHES Interim Secretary COSG Subgrantees State of Florida Re: Federal fiscal year 2002 (October 2002 - September 2003) audits required as a result of the $300,000 threshold set by the federal government Dear COSG Subgrantees: Each fiscal year the federal government requires sending an audit to the Department of Community Affairs from any subgrantee that expends more than $300,boo of federal funds in a given fiscal year. Please check t.he appropriate box below. If you have expended more than $300,000 in federal fiscal year 2002, please submit an audit to the Department with a signed copy of this letter by April 30, 2004. If you have 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 30, 2004. ," , ,If)~l:l Il!~ed further clarification or assistance, please call (8{50) 487-,3644. , " ",', \ '.~ . I .' f... '. :",...... 1 ~ r;Trr C:,,' (- "j "'.~', Sincerely, I, l :\ ..~- ... . "'\ "-','l -::::..... ,....,.. ,.. ~ _:: ';<j( D~:'YI(.;:..~~'f E ~ 8~(~J:.~,. ~:..\\..~~) ~k Community Program Administrator M 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 expended more than $300,000 in federal funds in federal fiscal year 2002. ~ \\;e~ Gv Subgrantee Name Signature of Chief Elected Official Date Signed Attest 3.:\ ~~') Chairnan'S cc: Charles Anderson, Inspector General s i 9nJ.tur~ ~ll J. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: htto://www.dca.state.tl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050.2227 I~"C;, "')Qo_,?",n.., COMMUNITY PLANNING 2555 Shurraro Oak Boulevard Tallahassee. Fl 32399-2100 IA<';O\ 4A8.2356 EMERGENCY MANAGEMENT 2555 Shurrard Oak Boulevard Tallahassee, Fl 32399-2100 1850)413.9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850)488-7956 AMENDMENT # 2 WORK ORDER # PHA-FT-03-02 1681 'J 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 lmmokalee Fifth Street Ditch Project To accomplish necessary surveying. analysis. design and permitting for enclosing an additional portion of roadside drainage ditch. The work is specified in the proposal dated 3/15/04 (survey, 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-FT -03 -02 is assigned to Pitman-Hartenstein & Associates Inc. Scope of Work: o RIG. AMEND. 1 AMEND. 2 TOTAL 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 $ 600 LS 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 Five of the Agreement, the County will compensate the Firm in accordance with the established hourly rate(s) as enumerated in Schedule" A" of the Agreement. Page 1 of2 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., Princl al Project Manager Date Stormwater anagement Sect" on/Road Maintenance Department A' ~ . 5hcr/04::- /Da~ REVIEWED BY: o Vliet, Interim Director "oad Maintenance Department REVIEWED BY: ~ Cf1, Dt1( Stephen Y. CarMll, Director Purcr~rg ~7ewartmen APPROVED BY: D'~ ~ {;.",- Norman Feder, A.tC.P., Administrator \. Transportation Services s-~~ al 14 S~2Lf -()t.f Date . r :'" A TTES.t~ Dwight E. arocLc, ci~rk B~~ch'.~... By ". .-L.' 1~..' ature OO1J. Date: '5E~Y .., ;7 By: Alan Hartenstein, Secretary (Print Name/Title) t ._ourty ~ttorney )c.QR,) ~ . V \'\~1\"'.,I Page 2 of2 51;p~'1 Date By: Alan Hartenstein, Executive Vice President Item # g.#,~ './!.~.r'.'.'.O'lrl"~' , ,.,'-'-."..... l)~'e '.2.J 't;I ,l:,'-, ~~L ",:;'11 '1t-'~ ~< UCi:\lfh" ,";. 'I ., :,,/~, ,.y \,":.,' \ -- 1682 Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line) COLLIER COUNTY BID NO. 04-3655 COLLIER COUNTY, FLORIDA (Transportation Landscaping Projects) Design Professional: Outside Productions Inc. 25241 Elementary Way, Suite 103 Bonita Springs, Florida 34136 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) TABLE OF CONTENTS 16B2 A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT E-1: Work Directive Change EXHIBIT F1 : Certificate of Irrigation Substantial Completion Form EXHIBIT F2: Certificate of Landscaping Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Landscaping Final Completion EXHIBIT G2: Landscaping Warranty EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Outside Productions Inc. and identified as follows: Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) as shown on the Title Sheet, and Plan Sheets L 1 through L 12 and IR1 through IR12. Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) PART A - PUBLIC NOTICEI LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA 1682" .~ Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line) COUNTY BID NO. 04-3655 Separate sealed proposals for the construction of the Collier County Landscape Beautification Master Plan, Livingston Road (Immokalee Road to Collier County Line), addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 27th day of April, 2004, at which time all proposals wiil be publicly opened and read aloud: Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Purchasing Conference Room at 11 :00 A.M. LOCAL TIME on the 9th day of April, 2004, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the reiection of its bid. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Collier County Landscape Beautification Master Plan, Livingston Road (Immokalee Road to Collier County Line) County Bid No. 04-3655 and Bid Date of April 27,2004". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the -. Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239-774-8407, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: . F. W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 1682 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of -Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such - contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. .- Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, - the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shaU be required to finally complete all Work within one hundred forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 26th day of March, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Stephen Y. CarneU Purchasing/General Services Director TR-PN-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) PART B -INSTRUCTIONS TO BIDDERS 1682 Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or' all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project - Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on th~ standard form herein furnished by the Owner (pages TR- P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR-I B-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) Section 3. Bid Deposit Reauirements 16B2 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. .. TR-IB-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 't.. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7. Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall _ be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) lbB2 .~ '! 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is mandatory. In instances where the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the reiection of its bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. ' I Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are '- approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 Bid No. 04-3655 - Collier County landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1bB2 ." '1 ~ set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make. it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended __. award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax _ Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-I B-5 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16B2" ~ Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including Iicen~e fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by __ the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. _._ immediate termination of any contract held by the individual and/or firm for cause. TR-IB-6 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) .\ ! PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http://co.collier.fl.us ADDENDUM DATE: April 20, 2004 TO: Interested Bidders i/J FROM: Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 1 - Bid #04-3655 "Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line) Addendum #1 covers the following clarifications and changes for the referenced Bid: Q. Request clarification as to whether Collier County will provide electrical hook-up for pump stations and controllers. A. Collier County will provide the electrical hook-up for 3 Phase power from Florida Power and Light to the controller locations indicated on the drawings. The note on drawings sheets IR-2, IR-4, IR-6, and IR-9 which reads 'Provide 3 phase power electrical service at pump station, suitable for pump station and controller operation' is amended to read: "Provide 3 phase power electrical service at pump station, suitable for pump station and controller operation, Not in Contract - By County". The contractor will be responsible for providing the necessary electrical hook-up from the controllers to all other required installations to include pumps, wells, and valve connections, Q. If a contractor fails to meet the requirement for licensure under the bid requirements, is he still considered to be a 'qualified' bidder? A. No, any bidder, including subcontractors listed in bid, who fails to meet the licensure requirements under this bid will be considered to be 'unqualified' and nonresponsive. All bidders are required to produce documentation with the bid submittal pertaining to active and current licenses for the bidder and any subcontractor listed on the bid. The contractor and/or subcontractors are required to have an active license on file with Collier County to perform the Page 1 of 4 following types of installations: Interlocking paving, boring, irr~t6, 8.2 ........ excavation. O. Request clarification as to whether sleeving indicated on the plan actually exist where indicated and will the contractor be paid to locate the sleeves. A. The Sleeves indicated on the plan exist where indicated on the plans. An additional item for sleeve location will be added to the bid schedule. This item will be indicated as "Locate Existing Sleeving" and will have a unit price per hour. O. Request clarification as to whether the contractor is to leave the existing sleeves as they are with 6" and 12" extensions beyond the edge of pavement or should the cQntractor cut the sleeving. A. Contractor is to leave the sleeving as it is and should not cut the sleeving. The contractor is to ensure that locator disk are placed' at the end of the sleeving as -, per drawings and specifications. O. Request clarification as to the requirements for 'fill' as per the detail on sheet L 12 'Typical Median Excavation/Prep Detail' A. The contractor is to remove the top 4" of topsoil as indicated and shall ensure the removal of all vegetative material. The contractor will replace soil removed with new soil that meets the specifications Section 2.03 Planting Soil Mixes. The contractor is to grade the median as indicated on detail 'Typical Median Excavation/Prep Detail' on sheet L 12. The contractor is to ensure that the finished grade is 3" below the back of curb for all sod areas, and that the finished grade is 4" below the back of curb for all planted beds. An additional bid item will be added as "Imported Soil" to be listed in cubic yards (CY) in a quantity of one (1 ). O. Request clarification as to whether soil for backfill is to be included in the price of plant materials on the bid schedule. A. The soil required for the planting of trees, palms, shrubs, and groundcovers is to be included in the unit price listed on the bid schedule. The bidder is instructed to refer to Specifications 'Section 2.03 Planting Soil Mixes'. O. Request Clarification as to whether the contractor will be responsible to guarantee the donated Live Oak trees. A. The contractor will not be required to guarantee the donated plant materials. The 10 donated Live Oak trees will be installed according to drawings and specifications, and will be watered and maintained during the duration of the contract. The contractor is to include the cost of staking for the trees and palms in the unit price listed on the bid schedule. O. Request clarification as to whether the control wires will be installed in conduit or 'direct burial'. A. The controller wires will be installed 'direct burial' as per drawings and specifications. Page 2 of 4 Q. hB2~~ Request clarification as to whether the contractor will be required to a~y"lor the water use permit from South Florida Water Management District (SFWMD). The contractor is required to obtain all necessary permits for installation of the wells. The cost of permitting will be included in the bid item for Irrigation wells. A. Q. Request clarification as to whether the booster pump indicated on sheet I R-2 as '7.5 Booster Pump Station' will be required. The Booster Pump indicated on sheet IR-2 will be installed as per drawings and specifications. The bidder is to list a price for the alternate on the bid schedule as 'Hoover HCF-7,5D-A, W, N, 7.5 HP Booster pump' as a unit quantity of one (1), and unit as Each (Ea.) as opposed to LS as indicated. A. Q. Request for Clarification as to whether the County will accept other products other than Hoover for the specified pumps. The contractor is to provide pricing for Hoover Pump products as indicated on the bid schedule. A. Q. Request for clarification as to whether the contractor is to provide a water truck water the area indicated on sheet IR-7 'Provide temporary manual irrigation' The contractor is to provide a price for manual irrigation of the trees as indicated in front of 'Mediterra'. The manual irrigation will necessitate the use of a water truck and hand watering. Additional items will be added to the bid schedule as "Manual Irrigation" and "Water Truck" at units of "per day". A. Q. Request for clarification as to whether the County will provide the required HIT Products Unit L-UNI-2-SS, Universal panel with stainless steel enclosure. The County will provide the L-UNI-2-SS units in the quantity listed on the bid schedule and install the HIT Products Unit L-UNI-2-SS Units as per manufacture's recommendations. The contractor is to provide electrical from the Controller(s) and HIT Products Adapter(s) to the irrigation electrical system as necessary for 100% complete operation of the system. A line item will be added to the bid schedule to "Install Controller Adapter" as a lump sum. A. Q. A. What areas on County property may be used for staging and equipment storage. The County property available for staging will be determined and clarified during pre-construction. Q. Request for clarification as to whether the County will give the Notice To Proceed on all construction once the bid is awarded. Collier County County will issue a Notice To Proceed for permitting and materials purchase only, and after necessary permits for wells are obtained, a Notice to Proceed will be issued for construction of landscape and irrigation. A. 1. The pre-bid sign-in sheets are attached. 2. The Hoover pump specification is attached. Replace: the Contract Proposal pages TR-P-2 through TR-P-2c from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Pages in order to be considered for award. 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COLLJER COUNTY -PJNE RIDGE ROAD SPECIFICATIONS SINGLE CENTRIFUGAL BOOSTER PUMP SYSTEM FIBERGLASS ENCLOSED PRESSURE DEMAND PURPOSE: _ To provide a complete prefabricated skid mounted fiberglass enclosed pressure demand centrifugal pump system from a sole source company, herein after referred to as the "manufacturer", whose primary business is the manufacture of prefabricated pump systems. The manufacturer will manufacture, flow test, install and warrant the system to meet all specified operatIng requirements described below and in the system detail. The system shall be a Model HCF-7.5PD,A,M',Q as manufactured by Hoover Pumping Systems of Pompano Beach, Florida USA 954-971-7350"specified below and shown on the plan details, This specification describes the general components and minimal operating requirements and shall not be construed as a manufacturing guide or complete list of required system components and appurtenances. . , The contractor shal,l submit seven (7) complete copies of the shop drawings to the designer for approval, prior to system order placement. The submittal shall contain cut sheets for all system components, To be considered an equal, the contractor must submit the following 12 days prior to bid opening: manufacturer brochure showing prefabricated pump systems manufacturing is the primary business of the manufacturer or division proposed to manufacture the system, written specifications, dimensioned layout detail, electrical schematic, producfsheets for all main components, Underwriters Laboratory electrical control panel and "Packaged Pumping System~ manufacturer's file numbers, list of 6 projects with similar operating systems with current name and phone number of person responsible for system operation, manufacturer's insurance certificate for general liability showing minimum coverage of $1 million, and written certification from the manufacturer stating the proposed system meets all requirements described in this specification, the detail and the bid documents, If the data submitted is determined to be an equal by the designer the bidder will be notified prior to the bid date. FIBERGLASS ENCLOSURE: The pump station shall be protected by a fiberglass enclosure, 3'-6" x 4' through 20 Hp and 4' x 8' for 25 Hp and larger with chemical and ultraviolet resistant open mold resin with exterior finish that is uniform in color and texture, reinforced with fiberglass and stiffeners for rigidity. The enclosure shall open clear of the station for ease of service and have a stainless steel hinge and self~latching lockable handle. The enclosure shall be of dimensions adequate to contain the entire pump station including the discharge header and controls. MOUNTING ASSEMBLY: The pump station shall be mounted on aprefabricated aluminum 3'-6" x 4' through 20 Hp and galvanized steel structural skid 4' x 8' for 25 hp and larger. Aluminum pedestals shall be provided to mount the pump motor and control panel assemblies, The entire station shall be installed on a reinforced concrete slab sized as noted on the system detail. PUMP AND MOTOR: The pump shall be a single-stage end-suction centrifugal type, with the liquid end mounted directly to the motor enclosure to allow rear pull out of the entire motor. A pressure sensor for loss of prime protection and thermal sensor for pump overheat protection shall be mounted into the pump volute. The system will be designed for operation at 3,450 RPM. The pump driving motor shall be of the squirrel cage induction type. The motor shall be suitable for full voltage starting at 60 Hz, The motor enclosure shall be totally enclosed fan cooled for all motors greater than 5.5 horsepower HCFPD 2,1 1692 .. >~ and open drip proof (ODP) for 5,5 horsepower and smaller, configured to allow direct mounting of the pump's liquid end. The motor shall be rated at 5 HP at 60 Hz, Motor will not exceed 1 OHP when only single phase electric service is available. PUMP STATION PERFORMANCE: The required pump performance with a maximum of 12 feet of suctionliff is as follows: a) discharge pressure of 60 psi, b) maximum required flow of 60 GPM, and c) minimum required flow of 25 GPM. . . IRRIGATION PUMP CONTROL PANEL: The control panel assembly shall be Underwriters Labor9tories listed in accordance with section 508A for, "enclosed industrial control panels," All control devices and electronic auto-sensory circuitry shall be housed in a self-contained weather-resistant NEMA 4 or 4X-control cabinet. An electrical schematic shall be permanently mounted inside the cabinet. The control cabinet shall contain the following protection and control equipment: Operation This station operates as a pressure demand, no-flow retirement system, System features include Loss of Prime protection, Low-Pressure protection, and Pump Thermal protection. The system is . equipped with a 'Hand-Oft-Auto' (H-O-A) selector switch, and a 'Reset-Normal-Override' selector switch, The self-diagnostic;; control panel assembly includes status indicator lights for loss of prime, low pressure, and pump overheat. Pump hour meter and auxiliary contacts are also provided, Pressure Demand The pump starts when the mainline pressure drops below the setting of the start pressure switch, No-flow Retirement The pump shuts off if water stops flowing for 15 seconds. Loss of Prime Protection If the system pressure remains below the start pressure, and there is no flow of water through the system during pump operation for 45 seconds, the pump will shut off and the 'Loss of Prime' light will turn on, The system will remain off until 'Reset'. Low Pressure Protection If the mainline pressure falls below the start pressure for 12 minutes during pump operation, the pump will shut off, and the 'Low Pressure' light will turn on. The system will remain off until 'Reset'. Thermal Protection If the temperature at the pump volute exceeds 43C after at least 3 minutes of pump operation, the pump will shut off, and the 'Pump Overheat' light will turn on, The system will remain off until 'Reset'. Hand":' Off - Auto Switch The pump is equipped with an H-O-A selector switch that operates as follows: Position Function Hand Manual pump start, This position overrides all protective features and start controls, Pump will not run. Pump will start automatically. In this position, all start controls and protective features are active. Off Auto Reset - Normal - Override Switch HCFPD 2.2 16B2 The station is equipped with an Override selector switch that operates as follows: Position Function ------------------ Reset Normal Override Resets all system failures, Low-Pressure protection is active. Low-Pressure protection is disabled. Elapsed Run-Time Meter The pump is equipped with an hour meter which records total pump run time, Protection Equipment - Front operated main power disconnect - Time delayed motor starter fuses for motor short circuit protection - Full voltage class 10 IEC motor starter - Metal oxide varistors (MOV) for transient voltage suppression per phase - Fused control circuitry with blown fuse lighted indicator for each circuit DISCHARGE PIPE MANIFOLD: The pipe discharge manifold shall be constructed of galvanized steel pipe with galvanized roll groove fittings, A flow-switch and pressure gauge will be provided on the station discharge. A wafer type butterfly valve or bronze ballvalve will be provided at pump station discharge, For systems through 20 Hp use a 20 gallon capacity 100 psi working pressure fiberglass tank with polyurethane bladder, and for systems 25 Hp and larger use a 47 gallon capacity 125 psi working pressure fiberglass tank with polyethylene bladder, with isolation valve and hose bib. Install the tank on the pump system skid inside the enclosure connected to the discharge header downstream of the control valve if present. AUTOMATIC CONTROL VALVE: The automatic control valve shall be single-seated, hydraulically operated, diaphragm-actuated, pilot-controlled globe or angle pattern drip tight valve incorporating the following features: Pressure reducing pilot - Pressure gauges up and downstream of the valve - Large capacity disk filter on pilot control tubing - 220 psi polyethylene control tubing with prest-a-Jock fittings ~ Cast iron with powder coated finish FLOWMETER: The flowmeter shall provide total and rate display with plus or minus 2% accuracy within its rated flow range at 14 to 228 psi. Reed switch provides pulse output. Body is constructed of cast iron with baked powder coating, A normally open continuous duty solenoid shall be mounted on the meter and wired to the Motorola controller by the irrigation contractor. INTAKE LINE: The minimum size intake line shall be 3" diameter or larger as required for a maximum of 5 feet per second velocity flow. If a reducing fitting is required at the pump suction an eccentric reducer shall be. installed. Any above ground pipe exposed to sunlight shall be schedule 40 galvanized steel with galvanized roll groove fittings, Suction pipe and fittings through 4" diameter shall be Schedule 40 PVC solvent weld. Suction pipe for 6" diameter shall be Schedule 40 PVC with galvanized roll groove fittings. Suction pipe for 8" diameter shall be galvanized steel with galvanized roll groove fittings, A cast iron roll groove swing check valve shall be located as shown in the system detail. WARRANTIES: HCFPD 2,3 1682 Prior to shipping, the manufacturer shall flow test the system and submit a certified report to the designer stating the system is within 1 % + or - of the specified flow rate and pressure, and meets the operational requirements. The manufacturer of the pumping station shall warrant all components for a period of one (1) year from date of manufacture, HCFPD 2.4 Biu iJ~~[ID&~@~ ~[X][s~u B2~4 16 . MANDATORY PRE-BID CONFERENCE BID NO, 04-3655 "Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line)" 11 :00 am on April 9, 2004 PURCHASING DEPARTMENT CONFERENCE ROOM PLEASE PRINT Name: 4/. Company: Name: Mailing Address: ,n O~ L// City, State: Fr. /"f'f-',.eS,. Tele hone: ( ::J.~ ) Fax Number: (,:2:!g' ) Email Address: C /L Zi : 34/ss '- ~#--'J~ J. ~/,QS c#'1/1/ ,.de'; Zi :5Y/I J Name~ /'~ .n O~iOJ~ , 1 t:J trty/ COUNTY DEPARTMENTS REPRESENTED De artment: 'C ct-A~ Name: ' -:::::J:)C;;, r '\"" ) . , _ ! Name: cf1' I f ~art . nt: l ,__ Y::-" (), l(.~ J i nt, \ (. ~f 'f- IJ f fY\ Dep,r'tment: 1 J . JJj /4..(' Icc.'L-{}..{/)/v-;; C &] u~~[Q)&~@~ @[XJ~~u 16B2 MANDATORY PRE-BID CONFERENCE BID NO. 04-3655 "Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line)" 11 :00 am on April 9, 2004 PURCHASING DEPARTMENT CONFERENCE ROOM PLEASE PRINT Name: ~ (!o ./A.-C · SOD : Sf{ ill. f)T!L ~ te;; fY) l''t ,).J rc: 0/\ ;vZ.., , loW Name: Company: Mailing Address: City, State: Tele hone: ( ) Fax Number: ( ) Email Address: Zip: Name: Name: Company: Company: Mailing Address: Mailing Address: City, State: Zip: City, State: Zip: , Telephone: ( ) Telephone: ( ) Fax Number: ( ) Fax Number: ( ) ----- I Email "A"ddress: Email Address: -- BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16B2 Collier County Landscape Beautification Master Plan Livingston Road (Immokalee ~oad to Collier County Line) BID NO. 04-3655 Fun Name of Bidder Hannula Landscaping, Inc. Main Business Address 28131 Quails Nest Lane Bonita Springs. FL 34135 .- Place of Business Bonita Springs, Florida Telephone No. (239) 992-2210 Fax No. (239) 498-6818 State Contractor's License # NJA Collier County Occupational License #92187 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as princip~1s are those named herein, that this Proposal is made without collusion with any other person, firm or corporation~ that it has carefully examined the location of the proposed work, the proposed fonns of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: 1 Date Issued April 20th, 2004 Contractor's Initials Addendum Number _ __1iI~ ~ Bidder proposes. and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of constnJction, including .utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth. furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. 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CIS ,2 Q) ';; ~ 2: g. ~ 5.. g ~ C/)\Jca..'O_O'::s.....L...:.-mU) z:.a~"''iii'''.B'''~.B$!"EO Qo~c~OQ)~"'C-ClSOQ)O-O E .. <II ~ ~o~ ~c .. 0 -Q)--Q)~ ~-:<II:;:;",,;::<:....r::.::.:aof':l - g.B~~~~:l0l~5~..<: CI) ~~~ ~..OEOC"2.E8~~u::J.~OO 0._'-.....0 ....~::s u tI) E~~Q)....Q'- 1--E:iiOO'_CD~f'1!!Q)jgtii ':ll;l~ zcnO:l~~c=__Q)~-CD~-'wgE8 orlGlc..o~CC~tii - -' _ Ul;:::::;;;[[o;:OQ)C:..r;:cc:1I II II 1111 , . o0m<ll~..en"lLlL>- >~N l"l'<l'1O ",-,w en-, 0 > .~ Ci 4i C ...Q Ii) 1:: Q) (; g E ~ e m Q) en 0.. Ol CIS ro I ~ ~ ~ ~ ~ ~ Q) Z 2 iii .. ~ ~ .. '" "C '"'0 '0::: "..::: 0 .2 u:: lL ..r:: :5 :; :::l 0 ~ CI) tii CD < Q) "0 o c: os;: ~ ~ ] cD o o t3 ~ ~ <i. 6 10 r...: U. o :r: -" .~ 0 0 r:t:: ;;; 'l5 ..Q b tii iii > 0 tii E Q) ;;; r:t:: E N (<) l"l '<I' 10 <0 I'- iii c CIS li ~ ':;: ~ tOI'-CO~C;; ~ 1682 .. .''4 ., MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project No change wUt be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list THIS UST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL tAANUFACTURER 1. Irrigation 'Toro, Hunter, Hit, Hoover, LR Nelson, Rainbird, HDPE, Nibco 2. Soils, Mulch Forestry Resources 3. Fertilizers M-Roots 4. 5. Dated April 27, 2004 Hannula Landscaping, Inc. Bidder BY, Oaf. )'/l4;~_..A TR-P-3 Bid No. 04-3656 - Collier County LandsCBP8 BeautificatIon Master Plan - Livingston Road (Immokalee Road to Collier County Line) LIST OF SUBCONTRACTORS 16 8 2 ~ ..~ The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that sueh list will not be added to nor altered without written con.ent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement. including, but not limited to proper liCenses, certifications, registrations and insurance coverage. The County reserves the right to disq~alify any bidder who includes non-compliant or non-qualified subcontractors in hislher bid offer. Further, the County may direct the bidder/contractor to removelreplace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THlS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSNE. (Attach additional sheets as needed). Subcontractor and Address 1. NES Traffic Safety Class of Work to be Performed Maintenance Of Traffic 17405 Jean Street Ft Myers, Florida 33912 2. American Boring Directional Bore 6580 Pangola Drive Ft. Myers, Florida 33905 3. Bradanna, Inc. Site Work 4901 E. Tamiami Trail Naples, Rorida 34113 4. Hannula Irrigation, Inc. Irrigation Installation 28131 Quails Nest Lane Bonita Sprtngs, Florida 34135 5. Dependable Sod Sodding 4306 Progress Avenue Naples, Florida 34104 6. Golden Gate Well Well 1822 40th Terrace SW Naples, Florida 34116 - 7. Hoover Pumping Systems Pump Stations 2620 NW 15th Court Pompano Beach, Florida 33069 8_ Simmons EB Electric Electrical 4406 Exchange Avenue Naples, Florida 34104 Dated April 27th, 2004 Water Use Permitting Hannula Landscaping, Inc. BY' 0i~~~~ TR-P-4 9, James Abney & Associates 2984 44th St SW Naples, Florida 34113 ....:......_ nA .,~t:t:: "'_11I_1".........., I "'...,f.....",...... RAl:atrtifir.2Mn UsuriAl" P1an- 9ualifier Certification Information ( J;>R2307- Qualifier Certification Information Collier County Board of County Commissioners ~-Plus for Windows 1682 ~~ Printed on 10/16/20 1:52:41PM ERT NBR: 12870 QUALIFIER NBR: 12870 DALE F. HANNULA CLASS CODE: 4235 LANDSCAPING RESTRICTED CONTR. rATE NBR: COUNTY COMP CARD: 3432SC STATE EXP LIAB EXP 1/13/2004 WC EXP 1/1/2004 ORIG ISSD 1/20/1993 RENEWAL EXPIRES 9/30/2004 ..JBA: HANNULA LANDSCAPING, INC. WC EXEMPT: N OL EXEMPT: Y ....z:.j)DRES S : 28131 QUAILS NEST LANE EXEMPT EXP DATE: ..cITY:_ ~ -.B.ON.I.Tc&:::~iJPRIN~=--'~~.__.,__~_._-EL-c"__::-----""",:, _ HONE: (239)992-2210 ~3. 41l.?...;::~} 2_-__,-,- " ---.;":--~',"-----. -'~ FAX: (239)498-6818 ~ ,~ ~,. ~ 1 : It is the qualifier's responsibility to keep all business, licensing and requirements r ~nt and to provide up to date copies for Collier Count,y files. This includes all insurance rtificates and any change of address information. - - ___ "'0.. __ _ __ _ __ __ _.. _.. -- -,- -- -- -.- .--- - - - - - --':"'1 I I Marcol Ci ty of Collier County I t - N'br : 135-6932 1E : APR-2B-2004 10:18 ABC BARRICADE 9414'700'16"Ef2 .~ ~ ( ,"'. A.~.,"'."" U , "$TATE:'OF., r=1.0RII)~,: ':" '. > : . ,~ <t ,.~ii:E' ':~::~~t~ '~~~T,:'~i/\ .', ~:',. ,.' .,' : ", ' , ,.". .,....~ .,,~:'P'Y~~:~~;~I\':t~",~ >:.~:> .:. ....'..,;:::..,;1<1:: :,bcCt;:P~t"N'ttt)-~tlC'ftN'E, .', . ',' ,;., ':', .~: .'...."r....".~.'.',:-:;'.:.:......'.::;',.>..,~.~. "'::""',',,",~ ,'",;,':",..(" "~~~,R:" ,',,2(103-2004 .',.t~H~i,"~l!,,:. ,,030412 ',' .....' \".. ,., ',. \' ,''','; j ,,"j' - , ",N~~,i~~~F~6.~A.f~.;~P.' ..:".,' .,~,ES:..EQV!~~E't'lt'~E~V.ICES'I~9 ""., 310fl~7TH AV~ " ,'..' . " ~~AMI F.t....3j1.~7 :' ~", ' " ' ,', 'J,,- Location' 17405 JEANSr FT MYERS FL33a12 EXPIRES: S~EI!"~R 'so,~ 2004 '. . '" . 16 herooy liceneed.iabove~>IO-en~ge' In the'tli.it\~ profession OI'cic:cOjleUOA ql:, '" ", ' ,', . BUSINESS S~~~ '. '" f' "" ,. " " " .~'. I :, " I', "".... ' , , ' :';.:, '~THIS:'UOEN'&E',V.~~'<>NI);Y.;Wft'EN~~eCEII~TED BV . ,.' , :.,:, ,.,,:;':qf~:eO~~~C.tOR: ",' < ." '" J""":~~:_~C'T ':'~:'~.7- --~;-',~,~._~~~,::,'~',;,~,~,~,",~'~.:-=;,:":'..- ~~~':';," ::---:~,"-~-';" v . u -, \ TOTAL P. 01 Apr 15 04 10: l1a Brent Garland (239) 893-1887 t&B-2 1 '. - . -;t 1110 43 2 5T ATE OF FLORIDA DEPARTHEHT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L03100600164 DATE 10 06 2003 030246101 CUC1223881 _ The UNDERGROUND UTILITY &: EXCAVATION CO Named below IS CERTIFIBD Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 GARLAND, BRENT M AMERICAN BORING &: TRENCHING INe _ 6560 PANGOLA RD FORT MYERS FL 33905 JEB BUSH GOVERNOR DIANE CARR SECRETARY DISPLAY AS REQUIRED BY LAW -.-- ~,-.~' .....~.~.. lol'l '" o ~ It/ CIlJ ., .... 0::.... w~ m';' ~~ ::;:)-- z~ w~ ti), :z~ w... 2~ .....ti a: g ..... ~~ag I-o..:a'" W~1;:6 U) ,~... ZW"SIIC ~~'>>l :Joi~ uJ"b: ~~~w %"'LI.lU) .....uJ~1I) ",,1Il-W -a::CI)a: .... oCC- ~J:~~ B:Z~~ (,) 80% o l!a I- III ~ 'i/.iU c:: ::J 0:;; II) ;z.... - ~(.) % OuJ r- u::l 0::0 LL1Ll 3~ 8~ ::l o (.) a:: w 3 8 ~ ~. ~~ :s~ ~...J uc ::JU IDO ::;>>-' ~g 0>- ....rz: =~ ....~ zZ: -0 ~o lD!? "'0 Ow Wo ~~ li.1- ~~ >-:::) ~~ li.u.. ., is 1662 .~ .'j 8g~ ~ c ' ' NCl ~N~ ' . ... .... as o 'z[~ 3w . ~~~ .~ ~ w ~ ~ g ~ z c( l I ..,5.., n' ~ '", . '-' _,~!(. '" ..;J \ i~ ~ ~., '.L ,,\,4 ..... .," wo., .-' .t1O. ~'.... ~ 0 ... ~ ...:".",-,\ '" . -('. .~ O....~ /' tr~;' """,. "\ ~'t . , .' t N' ,'~.' } 111 ti i ~"lW. ::;.".. 'it .~~ ~ ~ ~. .. '<", ..,. t i..ii o'''lt ~ !lit '~",'" , ~i ~\., \ . ," .,\ ' .!,!..... 'I! ~.~>;<<... ~-?~,,~~~! "::.(.?:.;, ~..- ~-~\~t !; .. ,,;oE II.. ./ '7..,.... n' c: J! ~ ...=>.. ,- Z' 0 .!I! - "' ~ ~~ ~~ .t! g'~ ~ >< >- 60 SliO ! J! 1;- ~~ ~ ~~.g r;;-! o "' :lI "j~C Q."'l! 8'~- 0.411 r;;.l;:5 m='Q.. :!'~ i ~ x. ~ ~O"" UC5 .g8"D .!Ilt~ a (:.-::c .... ... ... ~ ...J u.. ~ 0- W g: ~ OD :X:g~ ~ ~ NWUJ ~~~ l:;;,::I: Z 0.., o U) i=O~ ~uJ~ OZCl) -,2~ t/) UJ W >- o .....w 0..(.) ~~ 'w... ...~~ ,;,;....S w> ,. ~ C),~ g~8 Q.zz ~oo WJ=- ~~8 ffi~~ ~~~ :foe.> ... c; N ... cj . ::. ~ :J o U -,Qualifier Certifica~ion Information CDPR2307 - Qualifier Certification Information _Collier County Board of Coun~y Commissioners CD-Plus for Windows 1682 '~"~ Printed on 10/1/200 12:21:15PM CERT NBR: 18618 QUALIFIER NBR: 12870 DALE F. HANNULA - CLASS CODE: 4220 IRRIGATION SPRINKLER CONTR. STATE NBR: COUNTY COMP CARD: - STATE EXP LIAB EXP 1/13/2004 WC EXP 1/1/2004 ORIG ISSD 7/31/1998 RENEWAL EXPIRES 9/30/2004 DBA: HANNULA IRRIGATION, INC. 28131 QUAILS NEST LANE WC EXEMPT: N OL EXEMPT: Y ADDRESS: EXEMPT EXP DATE: ....;-.cC::: .1J'-v_<---___ ~Bcm:PJ'-A---:S PP.J!\1G-s-:.=" ::: 1':3 5 PHONE: (239)992-2210 FAX: . ilf ":' ~,---.._--- _..~_____-_.._o....~_: ~.. ~ rE: It is the qualifier's responsibility to keep all business, licensing and requirements ~urrent and to provide up to date copies for Collier County files. This includes all insurance :~~tificates and any change of address information. -- - - - --- ~- - ~ - _. "- - _. - _0- - - _ _ -I "--<:ollier County I of e- t: .gned - --------- 23S 643 1036 COLLIER COUNTY OCCUPATIONAL LICENSE TAX LlCEN'~ "u..--'. PB COeL.!ER cOUN1Y TI'>' COu.ECTOR . ,,,,, N. HORSESHOE oRNE . NA!'\.ES FtORIOA '4''' . (239) 4O'.! 6 2 VlSI1 OUR V'V'EBSliE AT: W\'I'N.CO\liertax,com THiS LICENSE EXPIRES SEPTEMBER ~O, 1004 DEPENDABLE ~D INC 141 OISP\..A'( ...,. PLACE OF 8USINESS FOR PU8UC INSPECTION FAILURE TO DO SO \S CON1AAR'I' TO LOCAL LAWS. couNT'!' UC', 16721 LEGAL FORM... . ~._....~ i....~ ... "', ,,-;. ,', ~!p'1't'T\O~'~ j j' " , , \,;-.'. ~.. ~,,"". ','" .~:J,,,,'4, , ;_':....._,,' ~,/,,,, __ '.,.,. ,.' 'i }",'DEPENOA6LE SOD, INC, .~ :\ '" ", i> . ,*".t' ," ,< '\;, -f " ::' ~/ ,,..<# "" >, " '. ,'/''NIART\NEZ., ABEI..ARDO ,~~ , - ~ ~t ~ 4306 'PROGRESS AVE LOCATION. 4306 PROGRESS AV ZONED: NAPLES 8USINESS pHONE: 64'3-0119 ~ :,j" -:r~:-:' ,> If . NAPLES FL 34104 f 'Ii NU...ER Of E_O'fEE'" ,.10 EMl'LOVEES ''. ,. (;L'.SS1F1CA"""'.ANOSCAI'ING u,UliTED Co"""",,,OI\<" ". ,_. PC C\.ASSlFlCATION cooe 02'...." ."'7 " ~ ,.~ .,.. ~ .,. "'.< >.J. "H' ,,,,""H'ot '.c' """'...."" _..,., ...~. "'" , .... <8<l,.;a.;. \IIll''iP'r'" , ""j~ :' ~ .. ". ~n'" .. _.'" "".tIn, ...ul...~ .,,"" -"""" OW\,...., """" .~ _< li_"",e or permitS Inal mll)' De reqUired,oylilw, i ~:. . . '." .....~;r.< DATE AMOUNT J/ie~ 09116/2003 3600 APR,-2T04(TUE) 07:06 GOLDEN GATE WELL DRILLING TEL:OOOOOOOOOO P,001/001 1682" - OCATlON: 1822 40TH. TE~A, S.W. DNED: , JSIN,ESS P.HON~: 455-3131 , 'COLUER COUNTY OCCUPATIONAL: UCENSE TAX LICENSE NUMBER: COLLIER COUNTY TAX COLLECTOR - ;'!lIClO N.I1O~SESHOE DRIVE - NAP.L~S FLORIDA ~'04 .12391..03-24n VISIT OUR WEBSITE AT: www.colllert~.com THIS LICENSE EXPIRES SEPTEMaER 3D. 2004 DISPLA Y AT PLACE OF auslNESS FOfl f"UaUc INSPECTION FAILURE TO DO 80 IS CONTRARY TO LOCAL LAWS. 780617 lE~L'FORM' ,,' "" : ~tPndN: ,0,' i:'~,i ,: \..- .... ~ -.... VII. ", ,I iC;V~'" ~ ,.... '" '" V ;:"~~,lDEN GATE WELL PRILLING,INC. , ,:(; / :-:-\~' ~~:~':,~ '~".,:T'\ f~AST. ROBERTM, I' , t ~' ": ,:..~ 18224OTH. lERR,S.W. I ; : ~ ':f!' ~1:, f i I : I' ." ,,' I .' e' ", 1, I NAPLES \ .. ," '" A:' ",.. J - .Il\4BER OF EMPLOYEES: 1~'O EMPLOYEES' " , " ">..r" ('" ~.: /' "" , " I, ' .ASSIFICATIONWELL DRILLING CO"fTAA~OR "~"~"~ .,A .. ~, <I" <<I tI (~,/ .ASSIFICATIONCOPE:D5109701' i', :,,</ "'" '......'".-, . ()"I" :; - is dcc~ant Is, an occup~liOnaJ Ik:an..;iax anl~: Thia'is nol c:ortiftca1; I{fllll;(ti;'; q~~:\." ; i : I ~oe. nol petmit thellc8nue 10 v10lale any &XIIUng regulalory zoning I.~fift~ U1.~urJlY or'dlle. i " r dOH II emmplll\a "cansea rrom any other Nconae III permllllhal may be' requlrlld'b~ '18W, --- ::>UNlY l-fC: 2381 , , I, , , I " FL ~"S DATE 0811 Sl200J AMOUNT 111.00 RECf/PT 1B"3.14 ~e~ " APR. - 2 7' 04 (TUE) 06: 53 GOLDEN GATE WELL DRILLING TEL:OOOOOOOOOO p, 001/00 I 1682 Qualifier Certification Information :DPR2301 - Qua11f1er Certification rnformation ~ollier County Board of County Commissioners Printed on 7/11/200 ;D-Plus for Windows 8:21:19>>1 CERT NBR: 1211.6 QtJALIFIER NSR: 12716 ROBERT M. MAST CLASS COPE: UBO WELL DRILLING-STATE CERTIFIED STATE NBR: STATi: ~XP 7/31/2005 2391 COUNTY CDMP CARD: 1966SC LIAB EXP 6/1/2004 we 2XP 12/31/2003 ORIC ISSD -4126/1991. RENEWAL EXPIRES 7/Jl/20~5 DL EXEMPT' N DBA: OOLDEN GATE W]i:LL DRILLING we EXEMPT: N EXEMPT EX? DATE: ADDRESS: 1822 40TH TERR. S.W. CITY: NAPLES (239)455-3131 FL 34116 PHONE I FAX: iTE; It is the qualifier's responsibility t k 11 b' '. Irrent and to provide up to date co iea foro eep a uB~ne~s, l~censl~g and requi~ement~ --rtif1cates and any change of addre~a inform;~f~~~r County f~lea. Thi~ ~ncludeB all insurance -- Colli~r County I City of NarQol ~t.co '!' ' , .", ,C.ertiUecj \'p,~fn:,~~f)lOl?,r 'M.l,,'j~~ ins Wli;l.L DRIuij.ING. ~'r~rli:. qEJl'l'IVI~ __:t Nbr1127l6 IiilCP~1/31/200~;;,St:uut'J'.l\CTIVC Ite Nbr :2391 b1p: ;;31/2005' )LI?EN CJATE lft:IoziDR1I.LINq .,' )f!I;:RT M. MAS'1' " , ',1 , ,I 132 40:1'H TERR: 'B.W.;'" ,':";' 1,; " . 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"..,:": ..>STATE'OF.F.lORIDA ':"':~. .~:,:;<',- ":"-:\: .~-:.. DJ:P~ ~p,', B~~:omSS ,: ~ PROFJ:SSIONAL UGULATION '~;'~'l~';' :r~j5< 'i:~' ~>~:- ZLZC'1'lUCAL CONTRACTOKS LICENSING BOARD SEQtI.o~o8i.o:Z2'75 . . ''''., ~\?:', .; . ..', ., :.~,.~.':,::',;i;~~\~: :~~7'r~;:: ~, : ..: ,\:' h "'ll':r' .1l!~"""'''':~ ',' :' 'f '.{i''':f' ,'" ," '" "r-T .;~~~~~~ ,CQNTUC'1'Olit t~/r:.b" ,\','~, :,;,.,~,';:.r';t", , uName:.a~.b.lolt..; II, "'CBR'l"IrIID II L ,IV ~,...~., ~" "\' ,~,'f!"," ~- : , , w.;. I ,....,.('....\. r .. \,'", . ,', ,: ' . .''', . Und~r the provisiOlUl of ChaP,~. ,~,;:~8Jj,' ",~,~;',':''''..'.:..._,.~~;: Ex.p1ration data: AtJG 31, 200 ";\~~\:~I'!"'~:;"<':"""'" ,:"i.: ';-..:,' , .' '"," . "~'~"rl.' """ ,'....', ,..,," i~~~~~':.IH~. '<. )~;fu~~,';if.~~{:,. '~/ 4406 BXCBARc:D AVE I 105 lQPLB~<" "", ','" PL 34104-1024 ?,. ,}~ ;ct':;:~;~i :~:~:~ ?~:::" ':~::'( .'~' JEB, BUSH',:'-':',:,' ..:.~.- "'-4,~. ~.. "'~:"'I .~r.'e',~,. ... "., ::: ~ .'.' .' . . ' ~ ,. KIM Bl:NKLEY-SBYD 1(3 39l;Id J3l3 SaNOWWIS a 3 EL89-El:>9-6EZ; ~~:Z;Z; P~~Z;/61/P~ Apr 27 04 OS:51a James C Abne::l 2393531850 p. 1 1682'" LOCATION: 298444TH 8T SW ZONED: HOME OCC BUSINESS PHONE: 353-8724 COLLIER COUNTY OCCUPATIONAL LICENSE TAX LICENSE NUMBER: COLLIER COUNTY TAX COLLECTOR -2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS LICENSE EXPIRES SEPTEMBER 3D, 2004 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. 940593 LEGAL FORM , - --''' i""''I: SO~Piti:;,PRtETqR) ... 'l."..:- ......_ ~;o-I.- _:;1:.; :b;.. ~..JAMES C. ABNEY & ASSOCrA ,.f. " -!:: 1: 'I" \ ~oA8NEY, JAMES C 2984 44TH 5T SW . ii: t 1r"' T-" ",:.'*-.. NAPLES FL 34116 i ClASSIFlCATION:DESIGNERlNO CONTRACTING AREAS CLASSIFICATION CODE: 03605301 ~ DATE 08/2912003 AMOUNT 75.50 RECEIPT 2606.14 ~e~ _,:-.r. ~ ::~:.. :~ "';=U' :"lII"'~ - This document is an occupational license lax only. This is not certifical~~ lffatli~" i~ Qlfllitil1=.$r It does not permit the licensee to violate any existing regulatory zoning laW!Fof"tfuj iinlY or Cities nor does it exempt the licensee from any other license or permils that may be required by law. " ;r' 1682 ~ ' STATEMENT OF ~PERIENC~ OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Location Reference ' 1. Devonshire Blvd. Collier County (239) 774-8494 Naples, Florida Mr. Bob Petersen 2. Pine Ridge Rd. Collier County (239) 774-8494 Naples, Florida Mr. Bob Petersen 3. Davis Blvd_ Collier County (239) 774-8494 NapIes,Florida Ms. Pam Lulich 4. Mooring Une Dr. City Of Naples (239) 213-5002 Naples, Florida Mr. Terry FedeIem 5. Tropicana Blvd. Collier County (239) 774-8494 Naples, Florida Mr. Bob Petersen 6. SR 90 Phase A Collier County (239) 774-8494 Naples, Florida Mr. Bob Petersen 7. CR 951 Collier County (239) 774-8494 Naples, Florida Mr. Bob Petersen Dated April 27th, 2004 Hannula Landscaping, Inc. 0. ~~der~. B ~1' A TR-P-5 Bid No. 04-3655 - Colier County Landscape BeautIfIc8tIon Master PIa!t - Uvingstoo Road (ImmokaIee Road to Collier County LN) T~ENCH SAFElY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96. Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: 1682 -,~ Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) ~ CQm (Description) (LF.Sy) 1. 6 Foot LF 15.500 .25 3875.00 2. 3. . 4. 5. TOTAL $ 3875.00 Failure to complete the above may result in the Bid being declared non-responsive. DATE April 27th, 2004 . Hannula Landscaping, Inc. BYU~~~ TR-P-6 Bid No. 04-3665 - Coller County l.andIcape Be8utIfication Master Plan - lMng&tm Road (Invnoka1ee Roed to Colier County Line) 16 B 2' 1 HANNULA LANDSCAPING, INC. HANNULA IRRIGATION, INC. 28131 QUAILS NEST LANE. BONITA SPRINGS, FLORIDA 34135 239-992-2210 239-498-6818 FAX BID NUMBER 04-3655 LIVINGSTON ROAD(IMMOKALEE ROAD TO COLLIER COUNTY LINE) ATTACHMENT ROCK EXCAVATION ROCK EXCA VA TION FOR THE IRRIGATION SYSTEM, LANDSCAPE PLANTINGS, AND DIRECTIONAL BORING SHA.LL BE AT AN ADDITIONAL RA TE OF $25.00 PER LINER FOOT FOR EXCA V A TION, AND $138.00 PER TON FOR LOADING AND HAULING FROM THE SITE. Q~~._~~ DALE F. HANNULA PRESIDENT 4-27-04 1682 ~ CONFLICT OF INTEREST 1. Bidder shaH provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the cOunty project until the County project is completed and accepted by the County. Contractor may request a waiver of this. provision from the Project Manager. A waiver may be granted at the sate discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of Interest does exist or will arise if finn is awarded a County project. If more space is required, please attaCh additional pages. Failure to provide the documentation requested aboVe may result in the Bid being declared non-responsive. Hannula Landscaping, Inc. Contractor By: Dale F. HannuQ~ Jf~ Date: April 27th, 2004 Its President TR-P-7 Bid No. 04-3655 - Colier County Landscape 888UtiftcaIion Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16B2~ HANNULA LANDSCAPING, INC. 28131 QUAJLS NEST LANE BONITA SPRINGS, FLORIDA 34135 239-992-2210 239-498-6818 FAX BID NUMBER 04-3655 LIVINGSTON ROAD (IMMOKALEE ROAD TO COLLIER COUNTY LINE) CONFLICT OF INTEREST DECLARATION The undersigned Bidder hereby declares that Hannula Landscaping will provide full disclosure of information of work performed for private interests within the past two years, and that Bidder hereby declares that Hannula Landscaping declares not to pursue any private sector work within the limits of the project or directly affected by the County project until the County project is completed and accepted by the County. It is further understood that Contractor may request a waiver of this provision form the Project Manager, and that the waiver may be granted at the sole discretion of the County. By: Hannula Landscaping. Inc. Contractor BQ~~~ Dale F. Ha nula, President Date: April 27. 2004 START JOB DUE DATE JOB NAME - WIP ! San Carlos SI~ 20 05/01104 Alltal Retail Building 4-1232 20 04/26104 Acra Center 4-1217 Santa Barbara UC 03115/04 Bella Maad Dr. Lot 3e 2-1132 20 12/29103 Phase II 3-1181 Santa Barbara 25 May-'03 Bellamar at Beachwalk 3-1158 20 05/01104 Phase III 4-1230 Bonita Springs Santa Barbara 20 03104104 Bike Skate Park 4.1216 20 05/01/04 Courtyard 4-1233 20 04/04/04 Bracci Rasldence 4-1213 20 DONE , Sol anura Building "A" 3-1178 20 02101/04 Classic Plantation 4-1215 25 01/25/03 St Agnes Bonness 2.1136 01101/04 Coca Cola Warehousa 3-1209 25 01/25103 St.Agnes Compass 4-1220 (Kitchen Kablnets) UC 03101/04 Corinthian Model II 4-1227 23 05101104 Steven Industries 4-1231 UC 01130104 Discount Auto 4-1219 20 TBA Summit House 3-1194 DormItOry for SE 20 01/24/04 Immokalee Revltal. 4-1223 20 12/01103 Veterans Park Commons 3-1163 Eckerds #3964 20 0311 8/04 Del Prado 4-1218 20 04/01/03 Villa Vincente 2-1201 Eckerds #2155R 20 07104104 Summerlin 4-1214 23 1211 0103 Equestrian Center 3-1184 20 04101/04 FGCU Phase VI 4-1229 Granada Shoppes 20 01101104 Outparcel #1 3.1210 20 04/23/04 Manors at Regal Lakes 3-1172 20 03/15104 Marco Destln Retail 4-1225 Midfield Terminal 20 IN PROGRESS Complex 3.1165 20 07/04104 North Bay Village 3-1207 Page Field 1211 5103 Medical Village 3.1171 Park East 20 04101101 Shells (Bldg. #1 & 2) 1-1039 Salce Residence 20 12115104 3292 Green Dolphin Ln. 3-1187 1682 1682 .. Upon ~t of written notice of the conditional acceptance of this Bid, Bidder will execute the formed Contract attached within ten (10) calendar days and deflverthe Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum at dollars ($ 5% ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the deiay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within.5 calendar dayS from the commencement date stipUlated in the written Notice to ProCeed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date.' The undersigned further agrees. to 'substantially complete all wofi( covered by this Proposal within sixty (60) consecutive calendar days for the Irrigation portion of the work and one hundred twenty (120) days for the entire project, computed by excluding the commencement date and including the last. day of such period, and to be fully completed to the point of final acceptance by the Owner wi1tJin one h~ndred forty (140) consecutive calendar days, oomputed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of Florida Lee County of Dale F. Hannula . being first dl,J1y sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Dale F. Hannula , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corooration The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of and the full names of its officers are as follows: Florida President Dale F. Hannula Secretary Dale F. Hannula Treasurer Dale F. Hannula Manager Damon Himmel TR-P-8 Bid No. 04-3655 - Collier County Landscape BeautifiCatiOn Master Plan - Livingston Road (Immokalee Road to Ct6tr County Une) 1682 and it (does) or (does not) have a corporate seal. The (name) President. Dale Frederick Hannula is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken December 8th, 1992 . . a certified copy of which is hereto attached {strike out-this last sentence if not applicable}. (b) Co-PartnershiD The Bidder is a co-partnership consisting of individual partners Whose full names are as follows: . N/A The co-partnership does business under the legal name of: N/A (c) Individual . and if The Bidder is an individual whose full name is N/A operating under a trade name, said trade name is N/A DATED April 27th, 2004 Hannula Landscaping, Inc. legal entity BY: Dale Frederick Hannula NanM>Ci)(Typod) ~ . ~~ ~q,1,. ; Signature President Title [Corporate Seaij TR-P-9 Bid No. 04-3655 - COllier County Landsc8pe BeeutIIICaIion Master PIan- livingston Road (Immokalee Road to CdIIer County Untt) STATE OF Florida COUNlY OF Lee 1682 My Commission Expires: ~1l-\O)S The foregoing instrument was acknowtecIged before me thia 27th day of April , 2004, by Dale Frederick Hannula' , as President of. Hannula Landscaping, Inc. . a Florida corporation, on behalf of the corporation. Helshe is personally known to me as identification arid dkl {tHd-Aot} take'an oath. -IJ ~D. "!v~ . fa' ) / JIUIlVY1 (5' re of Notary) - NAME: bkYl J), 1l1onlQ S (legibly Printed) (AFFIX OFFICIAL SEAl) Notary Public, State of Florida Commission No.: tJ'iY308"7 ''1 , a\. Gina D. ThomaS !'~ . My Commiuion DD3OI71I '~,.I ~rea Ap1i12Z, 2001 TR-P-10 ~Ho~".,.~Counly ~ Be8utifIcatIon Master Plan"'; 1M4JttoI~J. .' .' .' Aalrlilloeo.r County Line) 1682 ' Apr 14 04 07:09a .' Hannu 1 a Landscap i ng, I nc. [239] -498-68116 B 2;3 Bond Number: 49713 \ I . BID BOND KNOW ALL MEN BY THESE PRESENTS, that we . Hannula Landscaping, Inc. . (herein after called the Principal) and NOVA Casual ~ r.lTrT'::my , (herein called the Surety), a corporation chartered and existing under the laws of the State of New York - with its principal offices in the city of Buffalo and authorized to do business in the State of Borida are held and firmly bound unto the Collier - Cotmty Board of Conntv Carrnissioners (hereinafter called the Owner, in the full and just sum of Five 'Percent Of The Arrnunt Bid In fullars dollars ($ 5% of Bid ) good ari'cf'taWftltmoney=ot-the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. . . ~ L Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary'to furnish and instal!: Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line) Bid No. 04-3655 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be .::t.. : accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a i Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the CNmer, and execute a sufficient and satisfactory :1. Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; .L and the Surety shall, upon failure of the Principal to comply. with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States. of America, not as a i. penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and "- sealed this 2iZth day of April , 2004. i I Harmula Landscaping, Inc. i I PGj.. .~ ,dL~ ~_ BY i (Seal) L Bid No. 04-3655 - Collier County Landscape Beautffication Master Plan- Livingston Road (Immokalee Road to Collier County Line) TR-P-11 l Rpr 14 04 07:09a Hannu 1 a Landscap i ng, I nc. (239) -498-6818 16 B'2 " ;1 .' L L l ~ k ~ - Local Resident Producing Agent for ~ L L L l Nova Casualty Ccmpany su:~ ~ ~. iJ Vl.d B. Shlck, Attorney.;;:In-Fact . p ~. fJ CountersIgned David B. Shick, Florida Resident Agent ( Seal) NOVA Casualty Ccmpany I 1- r r r TR-P-12 pi ~ Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to CotHer County Line) ~ .:~ This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Nova Casualty Company. THIS SHEET MUST BE SIGNED BY VENDOR 16B2"~ BOARD OF COUNTY COMMISSIONERS COLUERCQUNTY,FLQmDA PurchasIng Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been Indicated. 5. Any required (lrawings, desaiptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and m~ed with: <:;>Bid Number; <=>Project Name; <=>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified ooening date and time. (Otherwise bid cannot be considered.) ALL COURIER-DEUVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURtER PACKET Hannula Landscaping, Inc. ~ny Name ~ ~ ~ M-""~.Ai/t..-- President Signature & Ttle April 27th, 2004 Date TR-P-13 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road ao Colier County Une) 1682 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131 Quails Nest Lane, Bonita Springs, Florida 34135 a Florida corporation, to perform all work ("Work") in connection with Collier County Landscape Beautification Master Plan, Livingston Road (Immokalee Road to Collier County Line), Bid No. 04-3655 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Outside Productions Inc., the Landscape Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: nine hundred seven thousand two hundred one dollars and ninty cents ($907,201.90). TR-CA-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 Section 4. Bonds. A Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc. of 75 Fulton Street, New York, New York 1 0038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated Damaaes. A Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Work consists of two parts: The Irrigation Work and The Landscaping Work. Both Components shall have the same Final Completion Date. The "Commencement Dates" shall be established in the Notices to Proceed to be issued by the Project Manager. Contractor shall commence each component of the Work within five (5) calendar days from the Commencement Date of each. No Work shall be performed at the Project site prior to the Commencement Dates. Any Work performed by Contractor prior to the Commencement Dates shall be at the sole risk of Contractor. The Irrigation Work shall be substantially completed within sixty (60) calendar days from the Commencement Date. The Landscaping Work shall be substantially completed within one hundred twenty (120) days from the Commencement Date. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial Completion is further defined as that date the Landscaping Project is finished to the satisfaction of the County, except for punchlist items. The work shall reach Final Completion and be ready for final acceptance by Owner within one hundred forty (140) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. .Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if all portions of the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete any portion of the Work within the time periods noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred thirty four dollars and sixty-two cents ($634.62) for each calendar day thereafter until substantial completion is achieved for both or either the Irrigation and the Landscaping portions of the Work.. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final TR-CA-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) 1682 ,~ Completion for both or either portion of the Work, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of three hundred seventeen dollars and thirty-one cents ($317.31), for each day after the time set for Final Completion for all portions of the Work, as set forth in paragraph five (5) above, until Final Completion is achieved. The Project shall be deemed to be Substantially Completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete all portions of the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete any portion of the Work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of six hundred thirty-four dollars and sixty-two cents ($634.62) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion on any portion of the contract, the Contractor, or in the case of his default, the surety, shall pay the sum of three hundred seventeen dollars and thirty-one cents ($317.31) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work,. or any part of it, after the expiration of the Contract Time including granted time extensions. TR-CA-3 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16B2"'~ H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit E1: Exhibit F1 : Exhibit F2: Exhibit G: Exhibit G1: Exhibit G2: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Irrigation Substantial Completion Form Certificate of Landscaping Substantial Completion Form Final Payment Checklist Certificate of Landscaping Final Completion Landscaping Warranty General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by Outside Productions Inc. and identified as follows: Collier County landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) on the Title Sheet, and Plan Sheets L 1 through L 12 and IR1 through IR12. TR-CA-4 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) Section 7. Notices 16B2 A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Pam Lulich, ASLA, Project Manager Traffic Operations and Alternative Transportation Modes 2705 Horseshoe Drive South Naples, Florida 34104 Telephone: 239-774-5183 Facsimile: 239-213-5868 Email: pamlulich@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Dale F. Hannula, President Hannula Landscpaing, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 Telephone: 239-992-2210 Facsimile: 239-498-6818 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. TR-CA-5 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16B2 Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any proVIsion of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR-CA-6 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16 B2~'~ IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Hannula Landscaping, Inc. ~ /),07{)H FI ST WITNESS cd N A D, ThQJvv1. 5 ~~~s Jenn,fQr fJ Wt--R k.ia4 Type/Print Name Date: r/!4{Oif By Oe>!~M---~ \...J~k.J F. ~JVfJ..,.,L(A PI2o~t Type/Print Name and title Affix the "(Corporate Seal}" OR f type/print "(Corporate Seal)" OWNER: ATTEST: -, ,,'~ , BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: 12 ~ Commis$jon~a ~, man - to"~ . C~:":~lnD " Dwight E. Bfo~l~ . te~I<"" ~-_., . . c BY: , - " . .,. :.. ,'... ' '~"I/\ ::,',\ : < ~ttj~t ~ to~t~/~ , SiQ!fatur,' 0A11,,\\\} /;. I 'i\". \"11~;,'~".~,,,, Approved A~ (l?i!orm. ~.: ::.:,' an e al SUfflClrr~ L S Teach Assistant County Attorney Item# llo 61- ~~~;da 5-15-04- ~:;~d 7-ll-of TR-CA-7 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 'p !G I... . 1682 ThE PROSUREGROUP J!;;C. This is thefrant page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 (revision effective July 1, 1998) Bond Number: 51889 Surety in which bond's written: NOVA Casualty Company Local Address: 180 Oak Street, Buffalo, NY 14203 Local Phone Number: (716) 856-3722 Contractor Name: Hannula Landscaping, Inc. Address: 28131 Quails Nest Lane, Bonita Springs, FL 34135 Phone: (239) 992-2210 Owner Name: Collier County Board of County Commissioners Address: 3301 Tamiami Trail East, Naples, FL 34112 Phone: Obligee Name: Same as Owner Address: Phone: Contract Number: Project Description: Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) Project Address: Naples, FL Legal description of property: N/ A This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 I Ph 813.243.1110 I Fx 813.243.1109 I www.pmsuregroup.com EXHIBIT A PUBLIC PAYMENT BOND Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line) Bid No. 04-3655 Bond No. 51889 Contract No. 04-3655 KNOW ALL MEN BY THESE PRESENTS: That Hannula landscaping, Inc. , as Principal, and NOVA Casualty Canpany , as Surety, located at 180 Oak Street, Buffalo, NY 14203 (Business Address) 1- are held and firmly bound to Collier Cotmty Board of Comty Carrnissioners as Oblige in the sum of Nine Hundred Seven Thousand Two Htmdred One and 90/100 ($ 907,201.90 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, I-jointlY and severally. _ WHEREAS, Principal has entered into a contract dated as of the _ day of I 2004 W',th Obl'lge for Collier Colmty l.QIJdsca~ Beautification Master Plan- i.n , Livingston Road CIHIRol<alcc Road to ColliC'[" Cel,mty Line) . accordance with drawings and specifications, which contract IS Incorporated by reference and made _a part hereof, and is referred to as the Contract. I THE CONDITION OF THIS BOND is that if Principal: I IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2004, the name of each party being affixed and these presents duly signed by its .- under-signed representative, pursuant to authority of its governing body. I TR-CA-A-1 I I Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - _ Livingston Road (Immokalee Road to Collier County Line) I 1h82'.' ... c.A 4..0.4 tt.y I I I I I J I I I I I I I I I I I I Signed, sealed and delivered in the presence of: PRINCIPAL Hammla Landscaping, Inc. STATE OF ---FIC>lI-loA- COUNTY OF Le:E: . BY: NAME: ITS: CJ~~ ~k~~~ \)",\(' F. HCl\N'1/vl)q P~r".iJ..~t The foregoing instrument was acknowledged before me this an.! day of Ja..i 2004, by DA IE' 'F J-t""'N'" lA- , as 'Pl.e5' I:'~ "'...,. . . of 4-+ ..",,",I.> IA- L..e-40K.A4I,,..,G. ~ J we... , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced ~ ~ as identification and did (did not) take an oath. /l d . . I . . ___'" ' .' My Commission Expires: II oc...'"T 0 ~ ~ ~ Fi...s.c>"".c...~'i I<NOW#<J (Signature o,f N,ota6f) NAME: ./IN..;;iHE=. (VI> ' (Legibly Printed) ",,\I" HI 1/11111 :-."'~_,\\f. M. C4}llliZ ~ ~v ....... F1& ~ ~.;s ..;~,,\\SSION :<'1-9/~. ~ '\ ... rJO ~~r 17 .:;(;:-1:<;'/0"- ~ (AFFIX OFFICIAL SEAL)~ :.$0<:;-'" "~~\ ~ =*: "'1iI'" :* = ~5 ~ ilDD 126868 :;sI ~;:A."'k .'~"::--;:::;:- ~ ~...o4".. <tOnded\""\ "'...>>.. ~~ ~ rA.. /tlblic Unilef\\..' ~v ~ ~ 1/e ........ eJ< ~ :11111 (Ie STAlt. ,\\,.... ~JJIII'III1\ 11\\\\ Notary Public, State' of Flo.\.'Q.4 Commission NO'.: :~t.> C 12(.,~~ ATTEST: SURETY: NOVA Casualty Ccmpany (Printed Name) 180 Oak Street!'" Buffalo, 'NY 14203 ' (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) TR-CA-A-2 - Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (lmmokalee Road to Collier County Line) r 1 bB2' 1 ~2~ !hI/it q{~ VV~sses " OR r -o.~ As Attorney in FactandTIorida Re!';ident Ager.t (Attach Power of Attorney) 1- 1- David B. Shick (Printed Name) 1- 7217 Benjamin Road I Tampa, FL 33634 I (Business Address) (813) 243-1110 (Telephone Number) I I STATE OF TIorida COUNTY OF Hil'!';hnrnlle)1 I The foregoing instrument was acknowledged before me this 30th day of Jooe 2004, by David B. Shick , as Attorney-Tn-Fact of NOVA GaslIi'llty r.orlJ[)i'lny Surety, on behalf of Surety. He/She is personally L known to me OR has produced Nt A as identification and who did (did not) take an oath. . L My Commission Expires: . /' ~ ~'.' .~ l Name: David R. Turcios (Legibly Printed) l (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: TR-CA-A-3 ,,\\1/11'1. David R. TurCios ,',c.Y PIl ~ . 321 ~'<:;-."D~,,"--"'ISSlon # DD088 ''to. ..~ 2006 ~,;,f ~I Elpires Feb. 9, ';~.= ~-; Bonded ThrU ""f OF fI..~"" Atlantic Bonding co.. lnC. '''11''111 l L l L Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (lmmokalee Road to Collier County Line) L 1682 ''1 'J EXHIBIT A PUBLIC PERFORMANCE BOND Collier County Landscape Beautification Master Plan Livingston Road (Immokalee Road to Collier County Line Bid No. 04-3655 Bond No. 51889 Contract No. 04-3655 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc. , as Principal, and NOVA Casualty Canpany , as Surety, located at 180 Oak STrPpt, Rllffrlln, NY 111?01 (Business Address) are held and firmly , as Oblige in the sum of bound to Collier Cotmty Board of COunty Coomissioners Nin~ Hundred Seven Thousand Two Hundred One and 90/100 ($ 907,201.90 ) for the payment whereof we bond ourselves, representatives, successors and assigns, jointly and severally. our heirs, executors, personal WHEREAS, Principal has entered into a contrflct dated as of the day of 2004, with Oblige for Collier Cotmty Landscape Beautification Master Plan - Livingston Road (Inrrokalee Road to Collier Cotmty Line) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TR-CA-A-4 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - LMngston Road (Immokalee Road to Collier County Line) ,- I- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, I_shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this I~ Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of __ I 2004, the name of each party being affixed and these presents duly signed by its I undersigned representative, pursuant to authority of its governing body. 1682 1--,- Signed, sealed and delivered in the presence of: PRINCIPAL I HamnJla Landscaping, Inc. I BY: Oa2~,~ *CA~~' I NAME: ITS: Dwl~ f. \-\-~ tV III ",d~ Y~SI~eNt-- 1- STATE OF COUNTY OF ._ an oath. I ,-- My Commission Expires: , .., l tiJL5 (u.~... u-'t ~"" 0 IN ~ o c,,:, 0 c.. ~--- (Signature) ({ Name: A """~ M" Cu.../tft.:{ (Legibly Printed) l l l l l (AFFIX OFFICIAL SEAL) \\,,\\\11111111111/ #''0\~~..q~IY;II~ S ~,,~,,'\SSION ~;-;:-1'A ~ ""?:'.. CJel ,,~el L~ <; '~'. ~ _ . ~ r'):.' 0..... ~. -:::. :: :~O~ '"CPcJ'l~ ~ :*: ..... :*= - . . - ~.~o... #DD125868 :~~ ~::;>..1t. ~.Si~ ~ -9.: .. o~ SOnded \'(\~\ ~'?J.. C) ~ ~~}- '.?,,oUbljclJ1;<le~..' <<.'V';!;:iR CA A 5 ~/. "OUI'........~ Cl~ ~'" - -- 'III/ dOC sn\' '- ~"" 1//JlII III \11111\\ Notary Public, State of: F 16~&" It Commission No.: 'bE) 11. C. bG. & Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) The foregoing instrument was acknowledged before me this 30th day of David B. Shick 'OOVA Casual tv Canoanv OR has produced an oath. Jnne 16B2 ! J J , J , _I I _I I J I J I J J J , , -' ATTEST: SURETY: NOVA Casmlt;y rn:nprmy (Printed Name) 180 Oak Street Ruffalo. NY 142m (Business Address) (Authorized Signature) Witnesses as to Surety. (Printed Name) ci/4i!J O:r iJ!!:!f~ OR r ~.~ As Attorney in Fact and Florida ResideI,t Agent (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road ~:s, FL 3363/, (Business Address) (813) 243-1110 (Telephone Number) STATE OF Florida COUNTY OF HillsborOt.um J 2004, by N/A , as Attnrnpy-Tn-Frlr'T of Surety, on behalf of Surety. He/She is personally known to me as identification and who did (did not) take ....','vw".. David R. TurClOS l~Commission # DD088321 =Zi ;.q.: Expires Feb. 9, 2006 ~~ ~i Bonded Thru ~",Wa.u:,\.."" Atlantic Bonding Co., Inc. ~~ ~ignature ~ Name: David R. Turcios (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: TR-CA-A-6 - Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Uvingston Road (Immokalee Road to Collier County Line) NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which NOVA Casualty Company is Surety. NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by NOVA Casualty Company DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "Acts of Terrorism" as defined in Section 1 02(1) ofthe Act is Zero Dollars ($0). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. 16B2 ......N:L..i.....U....;t..i:......i........... ...;:.;....~. .:,' ...;. . ", .' - .:<:. ';':: .~:;:~ .: :'". :.j Hi ==.. .'.>i .. ~H . . ~ "," "." .:"," .' . NOVA CASUALTY COMPANY Attest: Christopher C. Hoover, Treasurer This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Nova Casualty Company. ACORD,. CERTIFICATE OF LIABILITY INSURANCE c 0610412004 THIS CEftllFICATE IS ISSueD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEJrnFICATE HOLDER. THIS CERTIRCAlE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 06/07/2004 10:03 FAX 2392613481 \,lIentw; ';':)':)/0 GULFSHORE INSURANCE INC. I1ANLA1 PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N, #100 Naples, FL 34103 .3303 239 281-3645 Hannula LandsCilpirtg, Ine. 28131 Quails Nest Lane Bonita Springs, FL 34135 INSURERS AFFORDING COVERAGE IN&URER~ Cincinnati Insurance Ccmpany INSIBiR., FCCI Insurance Company INSURER c: IN$URER D: INSURER E: NAle' INSURED COVERAGES tHe POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMe 0 A80VE FOR THE POLICY PERIOD INDICATED. NOTWrTtiSTANDlNG ANY REQU1REMENT,TE;RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE;RTIFICATE MAYBE ISSUED OR MAY PERrAIN. THE IIISURANCE AFFORDED BY THE POlICIES DESCRlBEO HeREIN IS SUBJECT TO ALL THE TeRMS. EXa.USIONS ,f,NQ CONOITIONS OF SUCH POLICIES. AGGREGIl.TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. TVI"e OF IN9\lIlANCE POLICY NUMBER ~'}+i~::f6~ ~~f~ ON LIMITS LTR NM A ~BfERAL L1ABIUTY CPP0732050 01/13104 01/13105 EACH OCCURReNCE 51.000,000 ~bMERCIAl GENe"-"L UABILITY DAMAGE T::> tiNTED 150 000 _ ClAIMS MADE ~ OCCUFI MEO EXP (Any onellfJr!On) IS ODD X Contractural PERSONAl I. /lDJ I/IlJURV $1 ODD 000 GeIllERALAGGRE~TIi $2.000 000 ~l AGGREfii ~IMIT APriS PER: PRODUCTS - COMPJOP AGG 52 ODD 000 POLICY X~8T Loe A ~QMOBI.E lIABUTY CPP07320S0 01113/04 01/13/05 COMBINED SlNGLE liMIT ~ ANY AUTO tE. _idenl) 5500,000 """- AU. OWNED AUTos 1l00IL Y INJU..... $ SCIoEOULED AUTOS (Per p8t1ll'ln) """- .~ HIRED AU10S BODILY INJURY $ ~ NON-oWNED AUTOS [Per aCCICl8ll1) I"FtOf'EFI'TY OIIMAGE S (Par aCClClam) R~EL~~lTY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHERTHJ\N EAACC S A.l1TO ONLY, AGG S A EXCE881UMDRElLA l.IAIIIUTT CCC4ot57010 01113/04 01/13/08 EACH OCCURfitENCI! 56 000.000 ~~CUR 0 CLAIMS IIlAOlO AGGREGATE 58.000000 s ~ ~eoucnaLE S X RETENTION sO S B WORKERSOOMPENSAT~NAND 001WC03A40029 01/01/04 01101105 T we STAtu- I IOJJi' E"I"LOYE~lr IJAfIlLITT E.L. EACH ACCIOENT $500.000 All'( PROflIlllETORIPAIOTNeFVEXeCUnvE OFFICEAJftIlEMBER eXCLUOEO'l E.1.- OtSE;ASE - EA EMPLOYEE $500,000 1lfi:Ec' - ulId". $500.000 IS CIA\. PFlOVISIOIIIS beloW E. L. OISeA5E . POLICY LIMIT OTHEIl DI!SCRlPTION OF OPEIlATIQNS IlDCATlONS I VEHICLES I EllCLUSIONS ADDED BT ENDORSEMENT I SPECIAL PROVISIONS Landscape, Gardening Re: Collier County Bid No. 04-3655 "Livingston Road (Immok.lee Road To Collier County Line) Certlneata Holder is Named as Additionallnsurec:l on a primary basis as (SH Attached Descriptions) CEft11FIC:ATE HOL R CANC!LLA.1l0N Collier County Purchasing 08partment AUn: Lynn Wood 3301 Eut Tamlami Trail Na,loG, FL 34112 SHOULD ANY OF THE ADOVE DE6CRlBEO POLICIES BE CANCELLED BEfOICE Ttif ElCPlRATION DATI:: 'I'""lUiiOf, Ttilii ISSUING INSURER WILL ENDEAVOR '1'0 MAlL...JL DAV& WIUTTl!N NO'l'lCE TO THE CEIlTIFlCATE MOLDER NAilED TO TI1E LEFT, BUT FAILURE TO DO so SHAll IMPO$~ NO 08~IGATION OA LlA8IUTY Of ANT IUND UJ'ON THE INSUIlEfl. lIS AGENTS OR IlErRIii8IiiNTATM;8. AU Zl!l:I l\!P "NTAlIVJ: ACORD 25 (2001108) 1 of 3 *S244065/M235637 CAH Gl ACORD CORPORA nON 1988 06/07/2004 10:03 FAX 2392613481 GULFSHORE INSURANCE INC. ~003 1682 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) mU$t be endorsed. A statement on this certificate does not confer rights 10 the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAiVED. subject to the terms and conditions of the policy, certain poDcles may require an endorsement. A statement on this certificate does not confer right6 to the certificate holder in lieu of 6uch endorsement(s). DISCLAIMER The Certificate of Insurance on the feverse side of this form does not con6titute a contrad between the Issuing insurer(s). authorized representative or producer, and the certificate holder, nor dOllS it affirmatively or negatively amend, extend or alter lhe coverage afforded by the policies listed thereon. ACORD Z5-s (2001/01) 2 of 3 #S24406~M235637 06/07/2004 10:03 FAX 2392613481 GULF SHORE INSURANCE INC. III 004 DESC;RIPTIONS. (Gontin~ed .flom ,Page 1) i re5~cts to: General Liability Only 8S nooded by contract, per form GA 472 1001. General Aggrogate Limit shall apply separately per project subject to fonn exclusions. Contrac;tualliablllty subject to form exclusions. Waiver of Subrogation for Workere Compensation In favor of Certificate Holder. Excess umbrolla Liability is eX_S8 avor abov.listed policies. 30 Days Cancellation Notice except 10 Days for non payment. AMS 25.3 (2001f08) :s 013 #S244D65/M235637 06/07/2004 10:03 FAX 2392613481 GULFSHORE INSURANCE INC. III 005 1682 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED.. WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU ThIs endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COV~RAGE PART 1. SECTION II . WHO IS AN INSURED. 2. is 2. amended to include: e. Arty person or organization. hereinafter referred to as ADDITIONAL INSURED: (1) Who or which Is not spec:lfieaBy named as an additional insured un- der any other provision of, or en- dorsement added to, this Coverage Part; and (2) For whom you are required to add as an additional insured on this Cover- age Part ,."'-.' under: (1) A wrinen contract or agreement; or (2) An oral agreement or conlract where a certificate of insurance showif'Q that person or organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for fhat addi- tional insured by you or on your behalf. A person or organization's status as an in- sured under this endorsement continues for only the period of time required by the written contract or agreement, but in no evenl beyond the expiration da1e of thIs Coverage Part. If there is no written con- tract or agreement, or if no period of Ume is required by the written contracl or agreement. a person or organization's status as an insured under this endorse. ment ends when YDur operations for that insured are completed. 2. SECTlON IV - COMMERCIAL GENERAL LclABIUTY CONDITIONS is amended to in- lude: 1, Automatic Additional Insured Proviaion The written or oral contract or agreement must be currently in effect or become ef. fective during the term of this Coverage Part. The contract or agreement also must be executed prior to Ihe "bodily In- jury". "property damage" or "personal and advertising injury" to which this endorse- ment pertains. r--" Conformance to Specific Written Con- Irlc;t or Agreement If a wriUen contract or agreement be. tween you and the additional insured specifies Ihat coverage for the additional Insured: a. Be provided by the Insurance Serv. Ices Office addltionaf insured form number CO 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed op- erations; or c. Include coverage for "your Work"; and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract Dr agreement, the terms of Paragraphs 3., 4.a.(2) and I or 4.b., or Bny combination thereof. of this endorsement shall be interpreted as pro. viding the limits or coverage required by the terms of the written contract or agreement, but only to the extent thai such limits or coverage is included within fhe terms of the Coverage Part to which this endorsement is attached. If, how. ever. the written contract or agreement specifies the Insurance Services Office adcitional illSured form number CG 20 10 but does not specify which edition. or specifies an edition that does not exist. Paragraphs 3. and 4.8.(2) of this en. dorsement Shall not apply and Paragraph 4.b. of this endorsement shall apply. 3. SECTION nr - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional Insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement, or jfthere is no written contract or agreement. the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addillon to the limits of Insurance shown in the Declarations. GA4721001 Includ8~ copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 06/07/2004 10:04 FAX 2392613481 GULFSHORE INSURANCE INC. ltl 006 (J '. 4. The following are added to SECnON I _ COVERAGES, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE L1ABIUTY, 2. ExcluSfonS and SECnON I . COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: The insurance provided to the additional in- sured does not apply lo~ a, "Bodily injury", Hproperty damage" Dr "personal and advertising injury" arising out of the; (1) Rendering of, Of' fajlure to render, any professional arctlllectural, engi- neering or s\JrVeying servioes, in. clUding: (a) The preparing, approving or failing to prepare or approve maps. shop drawings, opinions, reports, surveys, field orders. change orders or drawings and specifications; Bnd (b) Supervisory, inspection, IiIrchi- tecturaI or engineering activities; (2) Sole negligence or willful misconduct of, or for defects in design furnished by, the additional insured or its "em- ployees". b. -Bodily injury" or "property damage" aris- Ing out of "your work" Included In the "products-completed operations hazard". r'~-.. 1682 c. "Bodily injury" or "property damage" aris- ing out of "your work" for which " consoli- dated (wrap-up) insurance program has been provided by the prime contractor I project managor or owner of the con- struction project in which you are in- volved. 5. SECTION IV - COMMERCIAL GENERAL UABILITY CONDITIONS. 5. Other Insurance is amended to Include: a, Where required by iii written contract or agreement, this insurance is primary and I or nOOCOlltributory as respects any other insurance policy issued to the additional insured, and such other insurance policy shall be excess and / or noncontributing, whichever applies, with this insurance. b. Any insurance provided by this ttndorsa- men! shall be primary to other insurance available to the additlonallnsured except: (1) As otherwise provided in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI'nONS, 5, Other 1"8Urence,b.Exc88slnsurance;or (2) For any other valid and collectible in- surance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy thai is writ- ten on an excess basis. In such case, the coverage provided under this endorsement shall also be ex- cess. GA 4721001 Includes copyrighted material of Insurance Services Office, Inc., With its permission. Page 2 of 2 1682 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified - herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the . - work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional. ... (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance ~ is in compliance with the requirements of this Ag reement. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR-CA-B-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) lh824 (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or tennination of the Agreement, the Contractor/Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. . WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? -1L- Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the tenn of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability. $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee -1L- $1,000,000 Each Accident $1 ,000,000 Disease Agg regate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable x Not Applicable TR-CA-B-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 COMMERCIAL GENERAL LIABILITY Required by this Agreement? -2L Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 ---.L General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal _. the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR-CA-B-3 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. o Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. o Applicable x Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,.000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. TR-CA-B-4 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 ., (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ~ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant! Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy ~ shall be so endorsed. TR-CA-B-5 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) EXHI BIT C RELEASE AND AFFIDAVIT FORM 1682 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waiv~s for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 2004 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2004, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAM E: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commissioner No.: TR-CA-C-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT 1682 (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: RE: (Project Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Signature) DATE: (Type Name and Title) By OWNER'S Project Manager: TR-CA-D-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) I . w I~ I I ....10 I cC I ~~ w II) I r :r 1Il 0< :r E 1-1- I- 0 W ~ u I:z: 1Il11) W , :::l.!! 0 i" .:l -m ~~ I! ~ .!a I~ ~ ClI.s::: i l:1- " '(ij . w ! I:z: ~E w 'O~ 0 ~cC l: 0 o~ .2 1Il ....cC 010 I- .gO w I:z: ~ 8 w :r o .6 lIlen 0 I/) II) 1Il Z ~: tu:6 j .9! l: cC 1Il .- ..." IJI : 8 !Zw ~~ wlii ~ .!a I 0....1 .!! .!! I:z:o.. tu w:i I~ " 0..0 m 0 E 0 S :6 w Ow ... ....I Iii WI- ll) Q) .- .:t:: ~ 0::< 1)tu ....I 00 0 0.. 1;;0 l:!! l: I- :i c gl 0 oIJl- 0 tu 0 ~E o~ :6.e wcc ._ .s: I:z:- c ol:z: :::l c: I-I!! l: E I/)cC o :::l :i ;<5 L: I tu 0 .8 E.!! e 0 .etu tn ::2 0 enO .S 0 z W .. .... :ra:: =2 :J u 't:l 01 I-W ClI.s::: CD .. 0 ....J e-S "I: Q. 81- G. t!l CD ~~ ~ a. W I- W I!! l: u.. ..J I/) .~ :c 0 Q. Z cc ::E 0 g~ ~ 0 w 0 cc w 1Illo '....J 0 0 0 :J x: :J z ... II) in Q) .- C 0:: 0.. ..s::: ~ W ~ 0.. ~ J: ccw .!a tu l: 0 1/)1- .!! ]i :;)cc , tn 00 tu ~ >:;) Cl il:!1:z: 21 .5 o..~ .s::: ~ l- e: 1Il III .s::: .s::: 0 1-0 W Ujae ....IW :;):;) l: Ql 0....1 ~5 wcc ~ - :r> 0 u J Q) I/) m " II) Q) g :::l :6 III 0 'S; o e: ~ g~ a.. "" z ~ l: l: 0 o .- ~ 'iii~ 0.. :::l E l: iX II) .e~ c: I 0 E e: U =s I/) ..::!=Ql w en CD 0 Slii:5 ::s ..J c < o ~,8 .. I- ~ g'S c 0 0 I- Ql II) 0 5r (0 aI 0- 0; ... .s::: l: e .e .!a ; I- .. I:z: l::5 iD z :iw '-- . 0_ ClI t wlJl oW -..c: :r I-:i ~~lQ >< -:;) ~!:: w a. Z J:i01ll -.s::: .. .S ~ 1682 N I Cl J: (.) I 0:: I- I c::: ro a: .... 2 I/) ro ::1!: c::: .Q Q) roC::: ~::J :o::;~ :;) c::: ro :;) <1>0 COo .... c. ro= ~8 c::: 0 ro- ...J"O ~~ :;)0:: 0<1> 0<1> ....< co::J EXHIBIT E CHANGE ORDER 1682 CHANGE ORDER NO. CONTRACT NO. TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($ ). Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now () calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,2004 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Project Manager DESIGN PROFESSIONAL By: By: , Director By: ,Administrator TR-CA-E-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) Ci) Exhibit E1 16B2~ ~ WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................................................. ..... .............................. ............. ....... ..... ............. .... ............... ...................... .............. PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: o Unit Prices o Lump Sum o Other Method of determining change in Contract Times: o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: Engineer/Consultant Contractor TR-CA-E1-1 By: Owner's Representative Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1692 EXHIBIT F1 CERTIFICATE OF IRRIGATION SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: DESIGN PROFESSIONAL'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified _. parts thereof: To OWNER And To -' The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCOC NO. 1910-8-0 (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-F1-1 Bid No. 04-3655 - Collier County landscape Beautification Master Plan - Uvingston Road (Immokalee Road to Collier County Line) 16B2. 4 ~ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title TR-CA-F1-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) ~ 1682 1 EXHIBIT F2 CERTIFICATE OF LANDSCAPING SUBSTANTIAL COMPLETION OWNER'S Project No. DESIGN PROFESSIONAL'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to whIch this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-0 (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-F2-1 Bid No. 04-3655 - Collier County landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1 h 82 .~ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2004 OWNER By: Type Name and Title TR-CA-F2-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. EXHIBIT G FINAL PAYMENT CHECKLIST r,',",~. ,. I \ ... ". J'.'~ r;. I' t"eIi .i t~...c~ tt,/ilooIoi.-ll 1 ."*1.:1 'f Date: ,2004 Final Contract Amount: Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: YES NO Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Substantial Completion issued on 8. Final Payment Application and Affidavits received from Contractor on: 9. Consent of Surety received on 10. Operating Department personnel notified project is in operating phase. 11. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Design Professional: (Company Name) (Signature) (Typed Name & Title) By Contractor: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) TR-CA-G-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) EXHIBIT G1 1682 ;~ CERTIFICATE OF LANDSCAPING FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-G1-1 Bid No. 04-3655 - Collier County landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 The following warranty is attached to and made a part of this Certificate: EXHIBIT G-2 Executed by Design Professional on ,2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on ,2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,2004 OWNER By: Type Name and Title TR-CA-G1-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) EXHIBIT G3 1682 LANDSCAPING WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. . The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to FLorida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATE SEAL BY: Attest: TR-CA-G3-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) EXHIBIT H GENERAL TERMS AND CONDITIONS 1682 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or __ discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager prior to proceeding with the work. Work ._ completed without receiving the Project Manager's prior written interpretation or clarification may not be paid. Work completed without receiving the Project Manager's prior written interpretation or clarification may not be paid. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to daylight hours, Monday through Saturday, except for County Holidays. Lane closures shall be permitted only between 9:00 a.m. and 3:30 p.m. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 4. PROGRESS PAYMENTS. 1682 ~ 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in __ writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and ._ equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after stampedJeceipt of each Application for- Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to __ the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the revised Application for Payment. Upon the stamped receipt by the Project Manager of the revised Application for payment, the Owner shall, within ten (10) business days, pay the Contractor the amount so approved. TR-CA-H-3 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) B? '''.1 Owner shall retain ten percent (10%) of the gross amount of each monthly paymltQquesror ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule in accordance with the Purchasing Policy as revised May 13, 2004. Collier County shall reserve the right to reduce the amount of the retainage witheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor! equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 1" B 2~ (a) defective Work not remedied; (b) third party claims filed or reasonable evi M indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed - within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. . - 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor in accordance with the Florida Prompt Payment Act, Florida Statutes 218.70, after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - _ Livingston Road (Immokalee Road to Collier County Line) 1682 Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the' evaluation and acceptance of the proposed substitute will not prejudice Contractors achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 16B2"~ guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor'swork for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. . The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR-CA-H-7 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. curbing or sidewalk). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. . 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 6B2.~. enemy, acts of govemment, fires, floods, epidemics, quarantine regulation, sles or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work .... shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan- Livingston Road (Immokalee Road to Collier County Line) 1682 and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure, incorporated herein by reference. A copy of the Dispute Resolution Procedure is available' in the Purchasing Department or on the Purchasing website at colliergov.netlpurchasing. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 12. OTHER WORK. 1682 , 1 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut _ or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the. receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the ..- performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR-CA-H-11 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - _ Livingston Road (Immokalee Road to Collier County Line) B2-"1 Subcontractor, or anyone directly or indirectly employed by any of them. The conlbr I Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Furt~er, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H-12 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 17. PERMITS, LICENSES AND TAXES. 1682 i 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights - and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any - materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR-CA-H-13 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682.. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the' event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA-H-14 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) exclusive remedy shall be to seek an extension of time to its schedule in accorlJ2 ~t~e - procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete and request that Project Manager issue a Certificate of Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Design Professional and Project Manager do not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Design Professional and Project Manager consider the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of ~_. Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. Owner shall take ownership of the Work on the date the Certification of Final Completion is issued. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and -- Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and upon the Contractor's further certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, shall deem the entire balance found to be due Contractor as due and payable and shall issue a Certificate for Final Payment. The Contractor shall submit the final Application for --- Payment to the Project Manager for review and approval. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) \bB2.... Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to payor to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR-CA-H-16 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 22. TESTS AND INSPECTIONS. 1682 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. . ... ..... 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. __ 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,' Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- TR-CA-H-17 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (ImmokaJee Road to Collier County Line) defective Work. Contractor shall bear all direct, indirect and consequential cosJot~ ~rrection or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question,. furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work TR-CA-H-18 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) n~" " all materials and equipment stored at the Project site or for which Owner has 1'3i~gt~or bJt which are stored elsewhere. Contractor shall allow Owner, Design Professional ~d~eir respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a. Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until the date the Certification of Final Completion is issued. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. TR-CA-H-19 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 682"'1 ;" 25.2, Contractor shall not load nor permit any part of any structure to be lo.aded 1 any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences. of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26.2 Contractor shall be required to respond within one (1) hour to any emergency call from the Owner or Owner's representative and to be on site within two (2) hours from the initial cal1 if the Contractor's presence on the site is determined necessary by the Project Manager. 27. USE OF PREMISES. 27.1. Contractor shal1 maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons andlor organizations who may be affected thereby; TR-CA-H-20 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 1682 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. It shall be the Contractor's responsibility to prepare an agenda and to take and distribute minutes of all project meetings. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completionltermination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. TR-CA-H-21 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan _ Livingston Road (Immokalee Road to Collier County Line) 1_~B2 The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid proposal page. MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) 8id/RFP/Agreement which shall take precedence over other conditions and tenns of this (choose one) 8id/RFP/Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. S. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling 8. Insurance costs C. Performance Bond TR-CA-H-22 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 32.3 General Terms and Conditions 1682 A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. B. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. . C. The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 33. SANITARY FACILITIES Contractor shall provide sanitary facilities on the work site areas as approved by the Owner and shall be no further from work area than one quarter (1/4) mile. TR-CA-H23 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - -- Livingston Road (Immokalee Road to Collier County Line) EXlDBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1682 '1 TR-CA-I-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) ...... , I EXHIBIT J TECHNICAL SPECIFICATIONS 1682 , ~ TR-CA-J-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) SECTION 1- TRAFFIC CONTROL PLAN I F.D.O.T.INDEXES PART 1 GENERAL , ~ B 24-- Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as per the Collier County requirements as listed in Exhibit H-2, General Terms and Conditions, and per F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards", current edition. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest edition. U.S.D.T. Manual on Uniform Traffic Control Device, latest edition. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. E. Collier County MOT policy and/or requirements current edition. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the (MOT) maintenance of traffic during construction and while performing extended maintenance services.. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest Collier County MOT Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the F.D.O.T. "Standard Specifications for Road and Bridge Construction", current edition. B. The contractor shall maintain two lane operation after working hours. All hazards will be removed as per Index No. 600 series before daily operations are complete. C. On-site work hours will be restricted to daylight hours. TR-CA-J-2 1682 .~ D. This plan is a guide for the contractor coordination with the Naples F.D.O. T. District. Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove land closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. . . F. The Landscape Architect/Design Professional is not responsible for observation, means or methods of MOT setup or enforcement during project construction. End of Section I TR-CA-J-3 SECTION 11- DIRECTIONAL BORING (FOOT REV. 5-24-02)(FA 7-24-02) (1-03) 1 DESCRIPTION 168? 1.1 SCOPE OF WORK: The work specified in this Section documents the approved construction methods, procedures and material for Directional Boring, also commonly called Horizontal Directional Drilling (HDD). 1.2 GENERAL: HOD is a trenchless method for installing a product that serves as a conduit for liquids, gasses, or as a duct for pipe,' cable, or wire line products. It is ~ multi-stage process consisting of site preparation and restoration, equipment setup, and drilling a pilot bore along a predetermined path and then pulling the product back through the drilled space. When necessary, enlargement of the pilot bore hole may be necessary to accommodate a product larger than the pilot bore hole size. This process is referred to as back reaming and is done at the same time the product is being pulled back through the pilot bore hole. 1.3 Accomplish alignment of the bore by proper orientation of the drill bit head as it is being pushed into the ground by a hydraulic jack. Determine orientation and tracking of the drill bit by an above ground radio detection device which picks up a radio sig nal generated from a transmitter located within the d rill bit head. Then electronically translate the radio signal into depth and alignment. In order to minimize friction and prevent collapse of the borehole, introduce a soil- stabilizing agent (drilling fluid) into the annular bore space from the trailing end of the drill bit. The rotation of the bit in the soil wetted by the drilling fluid creates a slurry. The slurry acts to stabilize the surrounding soil and prevent collapse of the borehole as well as provides lubrication. 1.4 Select or design drilling fluids for the site-specific soil and ground water conditions. Confine free flowing (escaping) slurry or drilling fluids at the ground surface during pull back or drilling. Accomplish this by creating sump areas or vacuum operations to prevent damage or hazardous conditions in surrounding areas. Remove all residual slurry from the surface and restore the site to preconstruction conditions. 2 MATERIALS 2.1 GENERAL: Materials are defined as pipe or conduit that becomes the installed product. Incidental materials that mayor may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. 2.2 MATERIAL TYPE: The following material standards are to be interpreted as the minimum in place standards. Use materials that are appropriate for the stresses generated by the selected equipment and field conditions. It is not intended to portray that the use of materials with these minimum material standards will retain their required properties if the stress limits are exceeded for which they were designed during installation. Ensure that the appropriate material is used to retain compliance. TR-CA-J-4 Material Standards for HDD Installation Material Type Non-Pressure Pressure Polyethylene (PE) ASTM D 2447 ASTM 2513 ASTM D 2447 High Density ASTM D 2447 ASTM D 2447 Polyethylene (HDPE) ASTM D 3350 ASTM D 3350 ASTM F714 ASTM F714 ASTM 2513 Polyvinyl-Chloride ASTM F 789 N/A (PVC) Steel ASTM A 139 Grade SllJ AWWA C200 API 2S(2) (TJ No hydrostatic test required (2) Dimensional tolerances onlv 1682' - 3 CONSTRUCTION SITE REQUIREMENTS 3.1 LEGAL PROVISIONS: Comply with the following site condition provisions: a. Chapter 556, FS for Sunshine State One Call. Use methods for marking utilities that minimize the impact on other construction or maintenance activities, including mowing operations, which may be conducted throughout the project on a cyclic basis. Limit marking to painting unless approved by the Engineer. When and where flagging of existing utilities is required, limit flagging to an area for which construction can be accomplished in no more than 14 consecutive days, unless approved by the Engineer. b. The Americans with Disabilities Act. When and where product lines are temporarily allowed to be exposed through the sidewalk areas for periods exceeding two consecutive work days, ensure that an alternate route is provided that meets ADA requirements. 3.2 SITE CONDITIONS: a. Carry out excavation for entry, exit, recovery pits, slurry sump pits, or any other excavation as specified in Section 120. Sump pits are required to contain drilling fluids if vacuum devices are not operated throughout the drilling operation, unless approved by the Engineer. b. Within 48 hours of completing installation of the boring product, clean the work site of all excess slurry or spoils. Take responsibility for the removal and final disposition of excess slurry or spoils. Ensure that the work site is restored to pre-construction conditions or as identified on the plans. c. Provide MOT in accordance with the Florida Department of Transportation Design Standards and the MUTCD when and where the former is silent. d. Exposure of product shall be limited to 3 feet (1m) and 14 consecutive days unless approved by the Engineer. 3.3 DAMAGE RESTORATION: Take responsibility for restoration for any damage caused by heaving, settlement, separation of pavement, escaping drilling fluid (frac-out), or the directional drilling operations, at no cost to the Department. TR-CA-J-5 3.3.1 REMEDIATION PLANS: When required by the Engineer, provide dl.6.a2s~ ~ which show how damage to any roadway facility will be remedied. These details will become part of the As-Built Plans package. Remediation Plans must follow the same guidelines for development and presentation of the As- Built Plans. When remediation plans are required, they must be approved by the Engineer before any work proceeds. 4 QUALITY CONTROL 4.1 GENERAL: Take control of the operation at all times. Have a representative who is thoroughly knowledgeable of the equipment, boring and Departmental procedures, present at the job site during the entire installation and available to address immediate concerns and emergency operations. Notify the Engineer 48 hours in advance of starting work. Do not begin installation until the Engineer is present at the jobsite and agrees that proper preparations have been made. 4.1.1 PRODUCT TESTING: Where there is any indication that the installed product has sustained damage and may leak, stop all work, notify the Engineer and investigate damage. The Engineer may require a pressure test and reserves the right to be present during the test. Perform pressure test within 24 hours unless otherwise approved by the Engineer. Furnish a copy of the test results to the Engineer for review and approval. The Engineer is allowed up to 72 hours to approve or determine if the product installation is not in compliance with the specifications. The Engineer may require non-compliant installations to be filled with excavatable flowable fill. 4.1.2 TESTING METHODS: Testing may consist of one of the following methods and must always meet or exceed the Department's testing requirements: a. Follow the product manufacturer's pressure testing recommendations. b. Ensure that product carrier pipes installed without a casing meet the pressure requirements set by the owner. If the owner does not require pressure testing, the Engineer may require at least one test. c. A water tight pipe and joint configuration where the product is installed beneath any pavement (including sidewalk) and front shoulders is required. The Engineer will determine when and where water tight joint requirements will be applied to the ultimate roadway section for future widening. When a product is located elsewhere, the pipe and joint configuration must meet or exceed soil tight joint requirements. Conduct tests for joint integrity for one hour. The test for soil tight joint allows up to 0.1 gallon (0.4 liter) of water leakage at a sustained pressure of 2 PSI (13.79kPa). The water tight joint criteria allow no leakage at all for a sustained pressure of 5 PSI (34.47kPa). 4.1.3 FAILED BORE PATH: If conditions warrant removal of any materials installed in a failed bore path, as determined by the Engineer, it will be at no cost to the Department. Promptly fill all voids by injecting all taken out of service products that have any annular space with excavatable flowable fill. TR-CA-J-6 -.., I 4.2 PRODUCT LOCATING AND TRACKING: The method of 'ocatinilib a2n~" the drill head during the pilot bore will be shown in the plans. The Department recognizes walkover, wire line, and wire line with surface grid verification, or any other system as approved by the Engineer, as the accepted methods of tracking directional bores. Use a lotating and tracking system capable of ensuring that the proposed installation is installed as intended. IF an area of radio signal interference is expected to exceed 5 feet (1.5 m), the Engineer may specify the use of a suitable tracking system. The locating and tracking system must provide information on: a. Clock and pitch information b. Depth c. Transmitter temperature d. Battery status e. Position (x, y) f. Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility) g. Ensure proper calibration of all equipment before commencing directional drilling operation. h. Take and record alignment readings or plot points such that elevations on top of and offset dimensions from the center of the product to a permanent fixed feature are provided. Such permanent fixed features must have prior approval of the Engineer. Provide elevations and dimensions at al bore alignment corrections (vertical and horizontal) with a minimum distance between points of 100 feet (30m). Provide a sufficient number of elevations and offset distances to accurately plot the vertical and horizontal alignment of the installed product. A minimum of three elevation and plot points are required. Install all facilities such that their locations can be readily determined by electronic designation after installation. For non-conductive installations, attach a minimum of two separate and continuous conductive tracking (tone wire) materials, either externally, internally or integral with the product. Use either a continuous green-sheathed solid conductor copper wire line (minimum #12 AWG for external placement or minimum #14 AWG for internal placement in conduit/casing) or a coated conductive tape. Conductors must be located on opposite sides when installed externally. Connect any break in the conductor line before construction with an electrical clamp, or solder, and coat the connection with a rubber or plastic insulator to maintain the integrity of the connection from corrosion. Clamp connections must be made of brass or copper and of the butt end type with wires secured by compression. Soldered connections must be made by tight spiral winding of each wire around the other with a finished length minimum of 3 inches (76 mm) overlap. Tracking conductors must extend 2 feet (610 mm) beyond the bore termini. Test conductors for continuity. Each conductor that passes must be identified as such by removing the last 6 inches (152 mm) of the sheath. No deductions are allowed for failed tracking conductors. Failed conductor ends must be wound into a small coil and left attached for future use. 4.3 PRODUCT BORE HOLE DIAMETER: Minimize potential damage from soil displacement/settlement by limiting the ratio of the bore hole to the product size. The size of the back reamer bit or pilot bit, if no back reaming is TR-CA-J-7 Q ~ ..~~~ required, will be limited relative to the product diameter to bliba'rtlcr as' \ follows: 4 6 12 4.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other approved stabilizing agent mixed with potable water with a minimum ph of 6.0 to create the drilling fluid for lubrication and soil stabilization. Vary the fluid viscosity to best fit the soil conditions encountered. Do not use any other chemicals or polymer surfactants in the drilling fluid without written consent from the Engineer. Certify to the Engineer in writing that any chemicals to be added are environmentally, safe and not harmful or corrosive to the facility. Identify the source of water for mixing the drilling fluid. Approvals and permits are required for obtaining water from such sources as streams, rivers, ponds or fire hydrants. Any water source used other than a potable water may require a pH test. 4.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate equipment is provided to facilitate the installation as follows: Midi-HOD >10,000 >70,000 13,558 311.375 Up to 1,000 1,900 to 9,999 20,001 to [305] [2,576 to 69,999 [88.969 13,557 to 311.374 Up to 600 Up to 1,899 Up to 20,000 180 U to 2,575 U to 88.964 For the above, multiple pipe or conduit installation must not exceed the total outside i e diameters stated above. Pipe Diameter Inches mm 18 [450] and reater Up to 16 [400] HOD E ui ment Bore Length Torque Ft-Lbs Trust/Pullback Feet [m] [nm] Lbs [kN] System Description Maxi-HOD > 1,000 [305] Mini-HOD Up to 6 [150] Match equipment to the size of pipe being installed. Obtain the Engineer's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 4.6 THRUST/PULLBACK REQUIREMENTS: Unless approved by the Engineer, limit use of HOD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. TR-CA-J-8 - I J' 6B2 ~. ~ , , HOD Bore Ecuioment Thrust/Pullback Capacitv .. Lbs 5,000 to 7,001 to 12,001 to 16,001 to 25,001 to >40,000 7,000 12,000 16,000 25,000 40,000 kN 22.241 to 31.139 to 53.380 to 71.173 to 111.207 >177.929 31.138 53.379 71.172 111.206 to 177.929 Product Size (1) Maximum Pullback Distance In Feet [m] Inches rmml 4 [100] 400 [122] or < or < 6 [150] 600 [183] or < or < 8 [200] 800 [244] or < or < 10 [250] 1,000 or < [305] or < 12 [300] 2,000 or < [610] or < > 12 Engineer's [300] Discretion (1) for the above, where a single pull of multiple conduits is to be attempted, the applicable product size must be determined by the diameter of a circle that will circumscribe the individual conduits as a croup. 5 DRilLING OPERATIONS: 5.1 INSTAllATION PROCESS: Ensure adequate removal of soil cuttings and stability of the bore hole by monitoring the drilling fluids such as the pumping rate, pressures, viscosity and density during the pilot bore, back reaming and pipe installation. Relief holes can be used as necessary to relieve excess pressure down hole. Obtain the Engineer's approval of the location and all conditions necessary to construct relief holes to ensure the proper disposition of drilling fluids is maintained and unnecessary inconvenience is minimized to other facility users. To minimize heaving during pull back, the pull back rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Contain excess drilling fluids at entry and exit points until they are recycled or removed form the site of vacuumed during drilling operations. Ensure that entry and exit pits are of sufficient size to contain the expected return of drilling fluids and soil cuttings. Ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, test the drilling fluid for contamination and appropriately dispose of it. Remove any excess material upon completion of the bore. IF in the drilling process it becomes evident that TR-CA-J-9 . 'B 2 "'~ the soil is contaminated, contact the Engineer immediately. Do n\t continue drilling without the Engineer's approval. The timing of all boring proce.sses is critical. Install a product into a bore hole within the same day that the pre-bore is completed to ensure necessary support exists. 5.2 BORING FAILURE: If an obstruction is encountered during boring which prevents completion of the installation in accordance with the design location and specifications, the pipe may be taken out of service and left in place at the discretion of the Engineer. Immediately fill the product left in place with excavatable flowable fill. Submit a new installation procedure and revised plans to the Engineer for approval before resuming work at another location. If, during construction, damage is observed to the FOOT/County facility, cease of all work until resolution to minimize further damage and a plan of action for restoration is obtained and approved by the Engineer. 6 DOCUMENTATION REQUIREMENTS: 6.1 BORING PATH REPORT: Furnish a bore Path Report to the Engineer within seven days of the completion of each bore path. Include the following in the report: a. Location of project and financial project number including the Permit Number when assigned. b. Name of person collecting data, including title, position and company name. c. Investigation site location (Contact plans station number or references to a permanent structure within the project right-of-way) d. Identification of the detection method used. e. Elevations and offset dimensions as required in Section 4.3. 6.2 AS-BUILT PLANS: Provide the Engineer a complete set of As-Built Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include roadway plans and profile, cross-section, boring location and subsurface conditions as directed by the Engineer. The plans must show appropriate elevations and be referenced to a Department Bench Mark when associated with a Department project, otherwise use USGS grid system and datum, or a specific location on top of an existing Department headwall. Plans must be in the same scale in black ink on white paper, of the same size and weight as the contract plans. Submittal of electronic plans date in lieu of hard copy plans is preferred any may be approved by the Engineer if compatible with the Department software. Specific plans content requirements include but may not be limited to the following: a. The Contract plan view shows the centerline location of each facility installed, or installed and placed out of service, to and accuracy of 1 inch (25 mm) at the ends and other points physically observed in accordance with the bore path report. b. As directed by the Engineer, provide either a profile plan for each bore path, or a cross-section of the roadway at a station specified by the Engineer, or a roadway centerline profile. Show the ground or pavement surface and crown elevation of each facility installed, or installed and TR-CA-J-IO placed out of service, to an accuracy within 1 inch 925 mm) at tl c.E a other exposed locations. On profile plans for bore paths crossing the roadway show stationing of the crossing on the Contract plans. On the profile plans for the bore paths paralleling the roadway, show the Contract plans stationing. If the profile plan for the bore path is not made on a copy of one of the Contract profile or cross-section sheets, use a 10 to 1 vertical exaggeration. c. If, during boring, an obstruction is encountered which prevents completion of the installation in accordance with the design location and specification, and the prod uct is left in place and taken out of service, show the failed bore path along with the final bore path on the plans. Note the failed bore path as IlFailed Bore Path - Taken Out of Service". Also show the name of the Utility owner, location and length of the drill head and any drill stems not removed from the bore path. d. Show the top elevation, diameter and material type of all utilities encountered and physically observed during the subsoil investigation. For all other obstructions encountered during a subsoil investigation or the installation, show the type of material, horizontal and vertical location, top and lowest elevation observed, and note if the obstruction continues below the lowest point observed. e. Include bore notes on each plan stating the final bore path diameter, product diameter, drilling fluid composition, composition of any other materials used to fill the annular void between the bore path and the product, or facility placed out of service. Note if the product is a casing as well as the size and type of carrier pipe placed within the casing as part of the Contract work. 7 METHOD OF MEASUREMENT: The method of measurement will be based on the length of product measured in place along the surface of the ground, complete and accepted. No additions or deductions will be made for sweeps in either the vertical or horizontal direction to complete the installation. 8 BASIS OF PAYMENT: Payment will be full compensation for all work specified in this Section, including all installations, from plan point of beginning to plan point of ending (i.e.' pull box) at plan depth, product, tracking conductor, removal of excavated materials and spoils, removal and disposal of drilling fluids, backfilling, and complete restoration of the site. Bundled product in a single bore will be paid for as a single bore based on the required drill bit head or reamer head size. Separate payment shall not be made for individual products in a bundle. The installation and attachment of tracking conductors (wire or tape) will be included in the cost of the bore and will not be paid for separately. No payment will be made for failed bore paths, injection of f10wable fill, products taken out of service or incomplete installations. No payment will be made for directional boring until a Bore Path Report has been delivered to the Engineer. After the Engineer's acceptance of the Bore Path Report, payment will be made in the amount of 70% of the unit price bid, TR-CA-J-ll for Directional Boring. The remaining 30% of the unit price bid 11l~eBmae after submittal of As-Built Plans, in accordance with Section 6.2. Payment will be made under: Item NO.1 Directional Bore - per foot of bore diameter Item No. Directional Bore - per meter of bore diameter OVERSIZE DIRECTIONAL BORING REVIEW PROCEDURE The following rule applies in accordance with provisions contained in the Utility Accommodation Manual. All bores larger than 6 inches total (for example 2-4 inch, 7 inch, 3-3 inch) must be approved by the STATE UTILITY ENGINEER, unless the District Maintenance or Construction Office can establish compliance based on the following conditions: 1. The Utility bore depth will equal or exceed 10 times the bore size when the utility will be installed under FOOT pavement, OR 2. When installations are outside of the pavement area, the offset parallel to the pavement must be at least 3.5 times the bore size, OR 3. The soils blow count is at least 30 blows per foot based on standard penetration tests in the area of installation. 4. New bore installations must maintain at least 3.5 times the bore size clearance from vitrified clay pipe sanitary and any gas lines. 5. Permit must demonstrate the location (vertically and horizontally) and type of all utilities within at least 3.5 times the bore size in the immediate vicinity of the proposed work by the Permittee. If the Permittee can comply with the above, there is no need for the State Utility Engineer to review the Permit. If compliance cannot be achieved, before a review can be conducted, information regarding the soils in the area of the installation must be acquired. This must include blow counts at least through a depth of 10 times the bore or 2 feet into a strata providing a blow count of 30 or more. If a blow count of 30 is reached at a depth of 4 feet then the soils data need only proceed to a depth of 6 feet. As an option to acquiring Geotech Services, the Permittee may use FOOT soils data from old FOOT plans when available. It is the Permittee's responsibility to acquire this information, and not the FOOT to do the research. When the permits engineer gets the required data, he or she should call to explain the situation. Do not send any permits to the State Utility Engineer to sign off on. TR-CA-J-12 SECTION III - UNDERGROUND ELECTRIC SERVICE FEED \b\1'2. PART 1 GENERAL Contractor shall install electric underground service feed assembly to meet the requirements of all local and national electric codes, as well as to the requirements of Florida Power & Light Co. installation requirements. Installation shall meet the above mentioned requirements and at a minimum be in accordance to the F.D.O.T. standard Detail 8, Underground Feed, service Point Details, Index 17504 as shown below. . 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index 17505 C. Project Reference. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an underground electric feed assembly. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way Permit shall be provided by the Owner. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in electrical work, with not less than five (5) years of experience in installing systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor TR-CA-J-13 82 " shall take oul all required permits, arrange for all necessary inspections,ln~hall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 1.04 GENERAL SERVICE SPECIFICATIONS A. The enclosure shall be NEMA 3R, pole mounted, rain-tight. B. The enclosure door shall be lockable by padlock and four keys provided at the maintaining agency. The door shall have a minimum of three hinges and be latchable. No screws to be used to attach door. C. 480 V minimum rating bolt-in type breakers shall be used. D. Busbar to be copper coated and have a minimum rating of 100 amps. When main breaker exceeds 100 amps busbar to match breaker amperage. E. Locate contactor, transformer, and H.O.A. switch inside of enclosure, The enclosure to be sized to accommodate as many breakers as called for and all other service equipment. F. The enclosure to be rigidly attached to prefabricated concrete pole face. G. A 600 V lighting protector shall be wired inside the enclosure. H. A main breaker is required in all service panels with 2 or more feeder breakers. I. All service equipment shall be U.L. approved. TR-CA-J-14 16B2 SECTION IV - GRADING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items n. B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I B. Section V C. Section V D. Section VII E. Section VIII Traffic Control Plan I F.D.O.T. Indexes Planting Soil Preparation Irrigation Plant Material and Installation Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 EXISTING GRADES TR-CA-J-15 A. The existing grades if shown on the drawings are approximate only, and thlcbtr~ct?is ~ responsible for grading to meet proposed and/or existing grades as required. B. The existing grade for all median work shall be based upon the top of existing curbing. C. Grading and drainage modifications shall be accomplished as per the plans and notes. The contours and/or grades established under contract will be the finished grades shown. The contractor under this contract shall perform the Work for construction using the existing finished grades previously established and modified in designated areas making whatever corrections and/or repairs to grades to make them consistent with the requirements of the drawings and specifications. D. Established finished grades shall be approved by the Owner's Representative/Landscape Architect for all project landscape areas prior to initiating landscape planting. 1.06 UTILITIES A. In accordance to State of Florida law before starting site operations, call for utility locations from the appropriate agency and verify that the earlier Contractors have disconnected all temporary utilities which might interfere with the grading work. B. Locate all existing active utility lines traversing the site, and determine the requirements for their protection. Preserve in operating condition all active utilities adjacent to, or transversing the site that are designated to remain, or are installed by this project. C. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in excavation. Record location of active utilities. D. Utilities shall include those areas of jurisdiction of the South Florida Water Management and South West Florida Water Management Districts. Location of these areas within the Projects Limits, and the coordination of work within these areas, is the responsibility of the contractor under this contract. 1.07 QUALITY ASSURANCE A. Requirements of all applicable building codes and other public agencies having jurisdiction upon the work. B. Primary emphasis should be given to the aesthetic appearance and functioning of the road right of way and median landscape grading, as directed by the Landscape Architect, or Owner's Representative. The Contractor shall employ skilled personnel and any necessary equipment to insure that finish grading is smooth, aesthetically pleasing, drains well with positive overland drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the aesthetic fine grading of the landscape areas with the roadway projects grades and profiles. PART 2 MATERIALS TR-CA-J-16 ~ 2.01 EXISTING SOIL 16B2'" A. The Contractor shall, after removal of generally the top four inches (4") of existing soil per the plans and details, insure that all remaining existing soil has sufficient percolation and drainage to support plant material, and that extreme compaction does not exist. Remove all existing road rock from these areas B. In all areas to receive paving the existing soils shall be removed to a sufficient depth to allow for installation of pavers and base materials. C. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing soil have been removed and the proposed topsoil installed planting soil mixes as outlined in Section V "Planting Soil Preparation", and per the drawings and details shall be installed. PART 3 EXECUTON 3.01 JOB CONDITIONS A. Dust Control Use all means necessary to prevent dust from construction operations from being a nuisance to adjacent property owners, and from damaging finish surfaces on adjacent buildings, paving, etc. Methods used for dust control are subject to approval by the Landscape Architect or Owner's Representative. B. StockpilinQ Soil Materials Within median limit of sight areas stockpiled soil materials shall not be permitted and in no place shall the stockpiled materials be higher than three feet. C. Protection Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and vegetation designated to remain, and, in the event of damage; immediately make all repairs, replacements and dressings to damaged plants necessary to the approval of the Landscape Architect. Contractor shall incur all costs for the replacement of damaged objects and vegetation. Damage of existing Trees and Palms by the contractor will require replacemen't in kind within seven (7) days of the damage. 3.02 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for heavy traffic periods, adjoining property owners, land parcels, and the public in general. B.. Coordinate schedule with the Program Manager and other Contractors to avoid conflicts with their work. 3.03 EXCAVATION TR-CA-J-17 1682 A. Excavate existing median soils and turf grass vegetation to a four (4) inches. (+/-) and in median end planting beds to a maximum of six (6) inches (+/-) in depth to obtain desired grade profiles per the attached plans and notes. (Alternate): Contractor to cut & fill existing on site materials to create undulations of ground as shown or notes on the plans. ~.~ Excavate all median areas to receive paving to a sufficient depth to allow for the paving installation materials. B. Materials to be excavated are unclassified. c. Remove entirely any existing obstructions after approval by the Landscape Architect, and Owner. D. Remove from site and dispose of debris and excavated material not required by the job the same day it is excavated. E. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil in turf areas and to an 8 inch depth in planting beds. 3.04 FINISHED GRADING A. The Contractor shall establish finished grades as shown on the grading plans, and as directed by the Landscape Architect and/or Owner; including areas where the existing grade has been disturbed by other work. B. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive sod and other plant material to the full satisfaction of Landscape Architect and Owner. C. The Contractor shall use and employ the services of a registered land surveyor in the State of Florida, to both establish project grades for fine grading operations, and also to provide certified as-built grading plans if required. D.. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shall be % inch vertically and 12 inches horizontally from the grades shown on the plans, unless otherwise required by the related documents or roadway grading and profiles. 3.05 COMPACTION A. Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 - latest edition. 1. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a minimum of 95% of maximum density. 2. Under landscaped area: Compaction shall not exceed 90% of maximum density, and not to be less than 85% of maximum density. B. No backfill shall be placed against any masonry or other exposed building surface until permission has been given by the Owner, and in no case until the masonry has been in place seven days. TR-CA-J-18 c. Compaction in Iim~ed areas shall be obtained by the use of mechanical tampelJ~I~r~d hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four (4") inches thick. The hand tampers used shall be suitable for this purpose and shall have a face area of not more than 1 00 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. Density testing to be per County and F.D.O.T. standards. 3.06 CORRECTION OF GRADE A. Bring to required grade level areas where settlement, erosion or other grade changes outside those shown in the drawings occur. Adjust grades as required to carry drainage away from buildings, and to prevent ponding around the buildings pavements, and planting areas. B. Remove all rocks, 1" in diameter or greater ,or objectionable material to depth as specified prior to commencing landscaping. C. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. END OF SECTION IV TR-CA-J-19 16'02 A 1 SECTION V - PLANTING SOIL PREPARATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance. C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated in the drawings, as specified herein or both, except as for items specifically indicated as uN.I.C." not in contract items n. B. Including, but not limited to: 1. Topsoil placement 2. Soil Conditioners 3. Prepared Planting Soil Mixes 4. Prepared top dressing soil mixes. c. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I B. Section IV C. Section VI D. Section VII E. Section VIII Traffic Control Plan I F.D.O.T. Indexes Grading Irrigation Plant Material and Installation Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be TR-CA-J-20 performed only under time schedules and arrangements approved in advance ~9~n?" or Owner's Representative. 1.05 QUALITY ASSURANCE A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of all City, County and State agencies having jurisdiction. 1.06 SUBMITTALS A. Test Reports Test reports shall consist of pH range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix type. The following reports are required:' 1. Results of topsoil analysis. 2. Results of planting soil mix analysis: One test required per each type of soil mix with and without specified fertilizer (note: pH ranges for plant type) 3. Results of Sand Analysis: One sand fraction analysis required. 4. Results of imported topsoil analysis. The Owner's representative or Landscape Architect may require additional test reporting based on field and project conditions at their discretion. B. Certificates 1. Manufacturer's certification and/or testing laboratory certification that content of soil conditioners meet specification requirements. 2. Manufacturer's certificate of fertilizer's chemical composition including, but not limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro- nutrients. 3. Submit all certification to the Landscape Architect a minimum of one week prior to installation of any materials. C. Soil Samples 1. Submit a one-pound sample of each soil mix specified. Soil samples with required test reports must be submitted by the Contractor to the Landscape Architect a minimum of one week prior to installation beginning. Each sample must be clearly labeled as to contents. 2. Submit one-pound sample of each soil conditioner required to mix each prepared planting soil mix. 3. Schedule soil sample with Landscape Architect to verify location, time, conditions, etc. of samples. TR-CA-J-21 1.07 JOB CONDITIONS 1682 A. Contractor shall become familiar with the site and the required work to complete this section in accordance with the drawings and what is specified herein. B. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings. Any changes, modifications, or disturbances to the fine grading shall be corrected by the responsible contractor. C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs, utilities, plant material, and any other work. D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved methods. PART 2 - PRODUCTS 2.01 TOPSOIL A. Topsoil source for planting shall be provided by the Contractor from off site sources. B. Topsoil shall be suitable for ornamental plant growth and free from hard clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or other deleterious material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with post-emergent herbicide and after placement treated with post and pre-emergent herbicides to remove weeds. C. Mechaniaal Analysis: Topsoil and soil mixture(s) shall meet these specifications and the following mechanical analysis: Percentage Passing By Sieve Size Dry Weight Sieve Size Percentage 1 inch 99-100 % inch 97- 99 No. 200 less than 7% Materials larger than one inch shall be disposed of off the site. Existing leaf litter and plant material shall be removed from topsoil and soil mix. D. Maximum Soluble Salts: 300 ppm. E. Contractor shall assure existing soils are free of any visible weeds. F. In the event topsoil on site does not meet the above requirements, topsoil meeting the requirements may be imported from off-site sources after approval by Landscape Architect and Owner's Representative. Minimum Off-Site Topsoil Requirements: TR-CA-J-22 Topsoil shall be friable, fertile soil with representative characteristics of l:nR2. shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there be more than five percent (5%) by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1 ") in diameter. The soil shall test in the pH range of 5.5 to 7.5 and shall contain no substance, which will impede plant growth. Adjustment of the pH shall only be allowed for increasing the pH level by adding dolomitic limestone. The topsoil shall be sampled and laboratory tested for certification and approval prior to installation. . Topsoil shall conform to the following composition ranges: Components Volume Measure Particle Size Organic matter .5 % to 4 % Silt 3 % to 40 % Sand 60% to 85 % Clay 3 % to 10 % .05 - .002 mm .20 - .050 mm .002 mm & below 2.02 SOIL CONDITIONERS A. Dolomitic Limestone: Approved product, designated for agriculture use. B. Ammonium Sulfate: Manufacturer's standard commercial grade. C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and specifically pulverized for agricultural use. Florida peat shall be free of deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in accordance with ASTM E70). Florida peat shall be sterilized to make free' of all viable nut grass and other undesirable weeds prior to delivery to the project site, and shall be delivered with certification of sterilization. D. Pesticides: As recommended by applicable Agricultural Public Agencies. E. Herbicides: As recommended by applicable Agricultural Public Agencies. F. Soil Fumigants: As recommended by applicable Agricultural Public Agencies. G. Fertilizer: 1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical designation shall be as specified with at least 50% of the nitrogen derived from a non- water soluble organic source, and all potash to be derived from triple super sulfate forms for all plantings (i.e. submit suppliers analysis affirming the above). The following minor elements shall be included: Zn, Cu, Mg, Fe, Mn, B a. Contractor shall adjust specified analysis of fertilizer with required minor elements as required depending upon test results of existing soils, planting TR-CA-J-23 b. c. soil(s) and testing OWner. Federal Specifications Q-F-241 Type 1, Grade A or B. The chemical designation for granular fertilizer for all plantings shall be 8-10- 10 unless otherwise recommended by testing laboratory. Contractor shall submit adjusted fertilizer analysis for plant type as may be required (i.e. soil, shrubs/groundcovers, trees, and palms). B2'~ .~ laboratories recommendations at no lPonal cost to d. 2. Note Section III, Trees, Plants and Groundcovers for additional fertilizer requirements. H. Water: Free of substances harmful to growth of plants. Water shall also be free of staining agents as well as elements causing odors. Potable water will be used on the project. However, reclaimed water will be used, as available, for irrigation purposes. I. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre-emergent herbicide "Surflan" or equal and Post-emergent herbicide "Roundup" or approved equal, handled and applied per manufacturers label and instructions, as well as per all regulatory agencies requirements and regulations. J. Sand: Clean, white, coarse-grained (0.5 mm or greater) builders sand, free of substances harmful to growth of plants. Beach sand and Mason's sand shall not be used. K. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall consist of %" minimum diameter to 1" maximum diameter stones with 50% of the stones no greater than 1" diameter. L. Supply complete information on all analysis/test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect or Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall make all modifications and improvements to soil and soil mixes deemed necessary by Landscape Architect and Owner's Representative to meet requirements herein, and to ensure proper growing medium for all plant material without additional cost to Owner, prior to planting. 2.03 PLANTING SOIL MIXES A. Planting soil mixtures(s) shall be suitable for plant growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform quality. B. Planting soil mixtures shall be placed per the plans, details and notes in all planting beds and as backfill around the root balls of all trees as follows: 1. General Palm Soil Mix: 100% Topsoil Roots Inc., "M-roots" formula 251bs. per palm on top of backfill. 2. Royal Palm Soil Mix: 50% Approved topsoil/Florida Peat mixture. 50% Clean course builders sand 1 cubic yard of mix per palm TR-CA-J-24 Ph range 5.5.- 6.5 Roots Inc., "M-roots" formula 25 Ibs. per palm on top of backfill. lbB2. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. c. Trees/Shrubs and Groundcovers: Planting soil mixture shall be placed to a 4" depth over all plant areas then tilled into the topsoil and existing sub-grade to a depth of eight (8) inches. Planting soil mixture shall also be used to mix SO/50 with existing soil and used as backfill around the root balls of all trees, which consist of a mixture as follows: Blend at a 50% existing or imported topsoil and 50% planting soil mix Planting Soil Mix: 40% Florida fibrous peat 20% Compost 20% Wood chips 20% Sand (.05 - .002 mm particle size) Roots Inc., "M-roots" formula on top of backfill. 1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - 1 Ibs., 1.5" cal. dia. - 2 Ibs., 2" dia. - 3 Ibs. 2.5" dia. - Sibs., 3" dia. - 7 lbs., 4" dia. - 12 Ibs., 5" dia. - 16 Ibs., 6" dia. Plus- 251bs. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. D. St. Augustine Froratam Sod: Existing soil to be tilled to a minimum 4" depth below all sod areas. Additive to existing soil in turf areas Roots Inc., "M-roots" formula 1 0 lbs. per 1000 sq. ft. with rotary spreader. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. E. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on plans: Excavated existing soil into the center of the bed for elevation and drainage. Spread the following soil amendments evenly over the bed area. 1/3 Florida peat 1/3 Pine bark 1/3 Clean builders sand 4 to 6 month Osmocote 1 tablespoon per plant F. Provide certification that all planting soil mixtures are 99% free of all viable nut grass, and other undesirable weed seeds. G. All planting soil mixes shall be thoroughly blended to form a uniform planting medium suitable for exceptional plant growth. TR-CA-J-25 1682 H. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner/additive to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5. I. Supply complete information on all analysisltest methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect prior to placement of soil mixtures. In addition, provide Landscape Architect with thoroughly mixed sample of all soil mixes for approval prior to placement (note pH ranges). Landscape Contractor shall make all modifications and improvements to soil mixes deemed necessary by Landscape Architect to meet requirements herein, and to ensure proper growing medium for all plant material without cost to Owner, prior to planting. PART 3 - EXECUTION 3.01 INSPECTION A. Examine areas to receive soil preparation to assure work of other trades has been completed. Whole contiguous areas are to be prepared at the same time without patchwork or checkerboard work areas. B. Verify that plants to remain undisturbed have been clearly identified and protected from injury during construction. If not, identify and protect plants to remain according to procedures set forth in Section III. "Trees, Plants, and Groundcovers". C. Remove all construction materials and debris from all areas to be landscaped, without additional expense to Owner, prior to subsoil preparation. D. Verify that all areas have been properly graded, and that all planting areas have adequate surface drainage prior to planting. E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are corrected. F. Verity representative soil percolation test for planting pits in each project area to ensure proper soil drainage prior to planting. Schedule percolation test with Landscape Architect to verify compliance. 3.02 SITE PREPARATION A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown on the drawings, the contractor shall complete the following site preparation. Initiate site preparation as stated herein, and coordinate all work with the existing underground sprinkler system and electrical lines. B. Grading: Upon completion of the excavation of the existing soil topsoil as described within and deemed acceptable by the Owner's Representative, the contractor shall grade and place soil mixes in all areas to the proposed grades. Proposed grades shall be as shown or notes on the plans. All areas shall be maintained in a true and even condition. All areas shall be TR-CA-J-26 B2 .~ positively drained to existing drainage structure where existing and properly l~ed to prevent the formation of depressions where water will stand:. All undulations and irregularities in the surface shall be leveled prior to initiating landscape planting. C. Post-Emergence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp. according to manufacturers recommended rate and specification within the limits of all areas specified on the plans to be landscaped as needed to control weeds. Protect existing plants from overspray. Contractor shall ensure total eradication of all existing weed and/or natural groundcover of all areas to be landscaped within the project area prior to proceeding with plant installation. ' - D. Pre-Emergence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped according to the manufacturers recommended rate and specification. Contractor shall be responsible to re-apply appropriate herbicide to eradicate all remaining weeds, and maintain a weed-free condition in all areas throughout all landscape planting areas. E. All herbicide and soil fumigant applications shall be completed by experienced personnel only; in strict accordance with applicable codes and regulations, and contained with the limits of areas to be landscaped. The contractor shall be responsible to replace all existing landscape material present on site with equal sized material that may be damaged while applying herbicide; including overspray or improper application of herbicide, at his own expense. F. Acceptance: Upon completion of all site topsoil preparation, the contractor shall request acceptance from the Owners's Representative prior to initiating landscape planting as specified. 3.03 PERFORMANCE A. Subsoil: Remove all construction debris, lime rock, gravel, rocks and other deleterious material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by adding the specified depth of topsoil and/or planting mixture. B. Soil Mixtures 1. Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do not drain; it is the contractor's responsibility to assure percolation by approved means (i.e. addition of gravel or excavate deeper to break through hardpan soil, etc). 2. Remove rocks and other objects over one inch (1") in diameter. 3. Grade soil mixtures to four inches (4") below top of surrounding paving, wherever planting beds abut paved surfaces. 4. Do not compact planting soil mixture; but do wet/soak planting areas to assure proper settlement. Replace topsoil/planting soil mixture to specified grade after watering, where necessary. TR-CA-J-27 5. Grade topsoil to finished grade in areas to be sodded. Remove la~ ]t~1 indicated as existing, or to be relocated, in order to adhere to sod lines. not 6. Remove limerock or soil cement, and/or any other materials deleterious to plant growth and survivability, in median islands or construction areas to a full 18 inch soil depth in planting beds or turf areas. Do not damage sub-base material for paved surfaces or curbing. Assure percolation, and then backfill with approved planting soil mix. 7. Excavate annual beds and replace soil with approved planting soil mix as indicated above. ' 3.04 CLEAN-UP A. Immediately clean up spills, soil and conditioners on paved and finished surface areas. B. Remove debris and excess materials from project site daily. END OF SECTION V TR-CA-J-28 1682 SECTION VI - CONVENTIONAL POP-UP IRRIGATION SYSTEM PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.r Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. The Owner shall provide Collier County right-of-way permit and F.D.O.T. permits. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian Safety Plan" latest editions. 1.03 RELATED WORK A. Section I - Traffic Control Plan I F.D.O.T. Indexes B. Section 11I- Underground Electric Service Feed C. Section IV Grading D. Section V - Planting Soil Preparation E. Section VII -Plant Material and Installation F. Section VIII Sodding TR-CA-J-29 16B2'~~ 1.04 QUALITY ASSURANCE A. ..Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. D. Protection of ExistinQ Facilities, SiQnage, Vegetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. E. Protection of Work and Property: The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. (1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, equipment or appliance. F. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. G. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. H. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. TR-CA-J-30 lbB2 I. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein referred to as the Owner's Representative, shall have full authority to approve or reject work performed by the Contractor. The Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. J. In all cases where observation of the irrigation system work is required, and/or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least 48 hours prior to the time such observation or direction is required. K. Any necessary re-excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. 1.05 SUBMITTALS A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract) . B. All material shall be those specified and/or approved by the Landscape Architect. c. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Tech nology. D. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. E. Record Drawinas: The Owner shall furnish the Contractor with one set of reproducible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (building corner, street corner, fence line, etc.). (1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other that shown on the original drawings, or of sizes other than indicated, the Contractor shall clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. (2) The Contractor shall also indicate on the record prints the location of all wire splices, original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as TR-CA-J-31 16B2 actually installed. These drawings shall be available at all times for review,and shall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. (6) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. (7) Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. The Landscape Architect and Owner shall approve record drawing information prior to final payments, including retention's. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS A. The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified equipment. Performance technical data provided and approved by the Center of Irrigation Technology must be submitted for all proposed product substitutions. B. Storaae and Handlina: Use care in handling, loading, storing and assembling components to avoid damage. Store plastic pip~ and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. D. Polvvinvl Chloride Pipe (PVC): (1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. TR-CA-J-32 (2) All PVC pipe shall be continuously and permanently marked with the l,6J1Z,s name or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class .or type, and the NSF seal of approval. (3) Pipe tensile strength shall be in accordance with ASTM-D 638. (4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe 3" and larger shall be used, or irrigation main line and any other line under constant pressure, and shall be: a. PVC 1120/1220 Class 200, SDR-26 Bell End Gasket Type in accordance with the latest revision of the following specifications: American Society for Testing Materials. ASTM-D 1784 ASTM-D 2241 ASTM-D Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 % inches and smaller shall be used for lateral piping, and any piping not under constant pressure, and shall be: a. PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (6) All piping including main lines and laterals for reuse water source projects shall be color coded (Pantone purple 522C) for reuse water per County ordinances and State statues. E. PVC Pipe Fittings: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1111 in accordance with ASTM-D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be a approved. (2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM-2464. All fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. TR-CA-J-33 1682 (4) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints. - (5) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting manufacturers recommendations. Any sealant used shall be of the non-hardening, non-petroleum base type, and shall not adversely affect PVC pipe or fittings. F. PVC Solvent Cement: PVC solvent cement and primer/cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. G. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc.) shall not be used. H. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge/lightning protection devices for all circuits. Protection shall be factory supplied and installed whenever possible. Protection devices not supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. I. Low Voltage Valve Control Wire (24 Volt): All 24 volt control wire shall be #10 AWG or as specified on plans, UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. (1) Provide one (1) red activation, (1) white common, (1) blue expansion and (1) green spare 24 volt valve control wire, between the field controller terminal strip station lug and the farthest control valve solenoid lead; to all control valves. (2) Valve common wire shall be white in color. Individual valve control wires shall be color- coded or identified by an approved tagging method. (3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only at the valve and the controller. J. Control Valves TR-CA-J-34 1682 The remote control valves shall be as specified on the plans, and shall perform to the manufacturer's specifications. K. Gate Valves: Gate valves one inch (1") through four inch (4") shall be specified on the plans and shall perform to the manufacture's specifications. L. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications within jumbo valve boxes. M. Control Valve Boxes: All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty-four inch (24") Ametek Boxes, or approved equal, with identification covers reading, i.e." Control Valve" or Irrigation Controls". .Where possible, gate valves shall be installed with control valves. Jumbo size boxes with cover shall be used for all two valve in one box installations. Gravel and non-woven soil fabric shall be installed at the bottom of the boxes as shown in the details. (1) Locking lids shall be mauve in color; boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. N. Tubing to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing manufacturer. (1) Any threaded connection using Teflon tapes as an anti-seize device shall avoid excessive use of Teflon tape. Apply Teflon tape only in accordance with fittings and/or component manufacturers recommendations. o. Back Flow Prevention Device: The back flow prevention device shall be as specified on the plans, and shall be installed and perform to the manufacturers specifications. If back flow prevention device is required by local or state laws or ordinances it shall be supplied by Collier County. P. Conventional Irrigation System General Lavout and Installation: System zones shall have all components as shown on the plans and as recommended by the manufacturer. (1) The Irrigation Contractor shall coordinate with the Landscape Contractor for the layout of the landscape designated areas. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. The Irrigation Contractor shall have the layout approval of the Project Manager and Landscape Architect prior to TR-CA-J-35 covering the layout changes. Upon the complete installation of the syl.ttrije~on: .;~ and being fully operational the system shall be run for two continuous days to hydrate the soil. (2) Thoroughly flush all pipelines for a period of no less than five minutes prior to installing nozzles. (3) Review of each zone for layout and coverage approval is required by the Owner's representative. (4) The. soils at the planting areas shall be thoroughly hydrated two days, prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage. In the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. P. Sprinkler Heads and Nozzles: The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN A. Design Pressures: Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans., Pressure shall meet manufacturer's specifications. B. Location of Irrigation Components: Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., shall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. C. Sprinkler Head Spacing: Head spacing shall be as shown on the plans. Do not exceed spacing shoWn or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and/or Landscape Architect. D. Minimum Water Coverage: Minimum water coverage shall be for all proposed plants and turf areas. Layout may be modified if necessary, and approved by the Irrigation Consultant and/or Landscape Architect, to obtain coverage. TR-CA-J-36 E. Codes and Inspections: 1682 The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING A. Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. B. All construction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. C. Main and Lateral Line Trenching: Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipelines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45-degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. D. Safety: Maintain all warning signs, shoring, barricades flares and red lanterns as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. E. Trench Depth: Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines under paved surfaces. TR-CA-J-37 1682 24" minimum cover over main lines within medians, if installed along back of curbing. 48" minimum cover over main lines within medians, if installed down center of median. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approximately six (6) inches above irrigation main nne. Tape width shall be three inch (3") minimum. Tape colors and imprints shall be as follows: Imprint "Reclaimed Water" Caution - Non-Potable Irrigation Water Line Buried Color Pantone Purple 522C F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanying plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation, E. Clean-Up: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. 3.04 INSTALLATION A. Remote control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. B. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. Install in planting beds where possible. C. PVC Pipe and Fittinas: TR-CA-J-38 It-.B2 Plastic pipe and fittings shall be solvent welded using solvents and m~ods as recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent with a non-synthetic bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. (2) Use only a color-tinted cleaner/primer to prepare the outside diameter of the pipe and the inside diameter of the fitting socket. Cleaner/primer and solvent cement shall be compatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner/primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner/primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess solvent from completed joint area. (4) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. D. Above Ground Piping: All pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule 80 pipe. Piping shall be painted a color as approved by the Owner. (1) All pipefrt:tings intended for temporary use, and installed above ground, shall be UV resistant PVC Schedule 80. E. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. F. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. G. Automatic Field Controllers: The on-site location of the automatic controllers shall be approved by the Irrigation Consultant and/or the Landscape Architect following stake-out in the field by the Contractor. Contractor shall be responsible for monitoring the integrity of the flag markings. TR-CA-J-39 1 68 2 ~11 (1) Controllers shall be installed in accordance with the plan details and- manufacturer's instruction. (2) Contractor shall provide controller grounding in accordance with the manufacturer's requirements and/or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1, 2, 3, etc. 3.05 CLOSING OF PIPE AND FLUSHING LINES A. Cap OpeninQs: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. B. Testing: Request the presence of the Irrigation Consultant and/or Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and in the presence of the Irrigation Consultant and the Landscape Architect. c. Hvdrostatic Test: Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's representative shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. (1) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand (1000) feet, as long as approved by the Irrigation Consultant and/or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners Representative and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600-64, on the applicable formula for other than 18 foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found TR-CA-J-40 16B2 i defective under the test shall be removed and replaced at the Con~ctor's expense. Tests shall be repeated until leakage has been corrected. D. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. E. Demonstration: Demonstrate to the Irrigation Consultant and/or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. F. Upon completion of the testing, the Contractor shall complete assembly, balance and adjust components for proper distribution, as indicated elsewhere in these specifications. 3.06 ELECTRICAL A. Irrigation Contractor shall be responsible for the placement of the 110-volt AC service ne"cessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 Volt service to controllers. The 24 Volt common ground shall be of one continual color, and of a different color than the other 24 Volt lines and the 110 Volt service. All 110 Volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. C. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the main line from valve or splice box to valve or splice box and from the main line to the controller location if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. D. Provide an expansion curl within three (3) feet of each wire connection, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire around a 2-inch diameter pipe, then removing the pipe. E. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. F. All above ground low voltage wiring shall be installed in UL listed plastic conduit and connectors, in accordance with prevailing local codes. G. Install all 24 Volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. TR-CA-J-41 1682 H. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. '-.; I. All field repair splices shall be made using Scotch-Lok No. 3500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires one connector sealing pack. J. All in-the-field low voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. K. When more than one wire is placed in the same open trench, wires shall be bundled and taped together using black electrical tape., L. Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to six feet of wire every 1000 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. M. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. N. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24 inches beyond edges of paving or construction, as indicated on the irrigation plans, or elsewhere in these specifications. O. The 24 V AC low voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. 3.07 PROVISIONAL ACCEPTANCE A. The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. 3.08 FINAL ACCEPTANCE A. Final acceptance shall be done in accordance with General Requirements. Contract close- out (when applicable to this contract). B. "Record" Irrigation Drawings: Record drawings shall be delivered to the Owner, Irrigation Consultant and/or the Landscape Architect before final acceptance of work. 3.09 WARRANTY TR-CA-J-42 The Contractor shall fumish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed. 1682 A. Warranty: (1)The Contractor further agrees that he will, at his own expense, repair and/or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guaranteelwarranty, in an expedient manner. (2)The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee/warranty within a period of forty-eight (48) hours, the Owner may make such repairs, as he deems necessary, at the full expense of the Contractor. (3) Any settling of backfilled trenches, which may occur during the guaranty/warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the complete restoration of all damaged planting, sod, paving or other improvement of any kind. B. Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system, END OF SECTION VI TR-CA-J-43 SECTION VII - PLANT MATERIAL AND INST ALLA TION , b\32 .,oI'jIC PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O. W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Stanclard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK E. Section I A. Section IV B. Section V D. Section VI C. Section VIII Traffic Control Plan I F.D.O.T. Indexes Grading Planting Soil Preparation Irrigation Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Inspection 1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the growing site and tagged or otherwise approved for delivery by Landscape Architect. TR-CA-J-44 2. Inspection at growing site does not preclude right of rejection at project site. 16 8 2 B. Furnish plant materials certified by State Department of Agriculture to be free from harmful insects or apparent disease. Submit verification that all plant material is free of harmful insects and disease. C. All plant material shall meet or exceed the minimum grade of Florida No. 1 in accordance with "Grades and Standards for Nursery Plants" Parts I & II, latest volumes publiShed by the State of Florida Department of Agriculture and Consumer Services. D. Plant Material shall be shade or sun grown, and/or acclimatized depending on planting. location in the plans. E. All landscape construction work shall be installed by qualified personnel or a qualified landscape construction subcontracting company thaf has experience in landscape construction of similar size and scope, as is indicated for this project. The Contractor shall submit for the Owner's review and approval resumes of all superintendents and foremen designated to perform the work, and a list of five (5) projects with references with which he or she was involved. Those projects must be of similar size and scope of work as this project. If the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall have been in operation for a minimum of five (5) years, licensed to work in the State of Florida, and supply to the Owner all the above stated criteria. The Owner reserves the right to accept or reject the proposed subcontractor or its designated personnel, in whole or in part, based on the information provided above, and in accordance with the terms and conditions of the Contract Documents. 1.06 SUBMITTALS A. Certificate of inspection of plant material by State Authorities. B. Test Reports: Analysis of samples from planting soil supply areas (i.e., signed original copy by testing laboratory only). If Contractor elects to divide the project area into incremental substantial completion areas, soil samples and test reports shall be required for each increment 14 days prior to beginning each increment. C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of installed plants throughout their full growing season. D. Grower's Certification: Requirements for root pruning and holding B&B stock at the nursery. E. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon or less, as specified for approval by the Landscape Architect, and to be used as representative size, specification, and plant type for all plant materials to be installed. Any plant material that does not conform to the plans, specifications, or approved plant samples, shall be rejected. F. Plant Photographs: Contractor shall provide representative photographs of all plant material specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's option, contractor may elect to coordinate with Owner's Representative and Landscape Architect one tagging trip to cover all larger plant materials at contractor's cost. TR-CA-J-45 lbB2 1 G. Proiect Schedule: Provide five (5) copies of a comprehensive project schedule, indicating contractors proposed work and installation schedule. Schedule shall include breakdown for site preparation and grading, irrigation, trees/palms, shrubs, groundcovers, sod/seed, and final clean up. Contractor shall also include project "milestones" for designated project areas within the total project area as required, including substantial completion dates. H. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape Architect a minimum of one week prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been verified by the Landscape Architect. Submittals required, but not limited to the following: . 1. Existing soil analysis and sample. 2. Prepared soil analysis and sample. 3. Mulch sample (Eucalyptus mulch, Grade ALshredded required). 4. E.rosion control fabric sample as required. 5. Pre-and post-emergent herbicide. 6. Weed eradication treatment for lawn grass. 7. Foliage spray fertilizer(s). 8. Sod certification(s). 9. Plant samples and/or photographs. 10. Drainage gravel sample. 11. List of personnel, qualifications, and schedule. 12. Guying methodologies. 13. Leaf antidessicent spray. 14. Maintenance manual. 15. Soil Separator sample and product sheet. 16. Sand fraction analysis. 17. Fertilizer(s). 18. Plant supplier certifications. 1.07 DELIVERY. STORAGE AND HANDLING A. Inventory: Verify that plant species, quantity, and quality of plants in Owner's nursery and/or holding area matches that on plant list and drawings. B. Preparation for delivery: 1. Prune head and/or roots of all trees only under direction of Landscape Architect, and as required to assure safe loading, shipment and handling without damaging the natural form and health of the plant. 2. Balled and Burlaped (B&B) plants a. Dig ~md prepare for shipment in manner that will not damage roots, branches, shape, and future development after replanting. b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery Plants" . c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1. c. Delivery TR-CA-J-46 16 B2' 1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Store in designated areas only. 2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Store in designated areas only. 3. Deliver plants with legible identification labels. a. Label trees, evergreens, containers of like shrubs, or groundcover plants. b. State correct plant name and size indicated on Plant List. c. Use durable waterproof labels with water-resistant ink, which will remain legible for at least 60 days. 4. Protect all plant materials during transport/delivery with shade cloth or other acceptable means to prevent wind burn. 5. Protect all plant material during delivery to prevent damage or desiccation to root ball or desiccation of crown and leaves. 6. Mist periodically each day all tree/palms root balls and crowns/tops during delivery, handling, and storing on site to ensure against drying. 7. Notify Landscape Architect and Owner of delivery schedule in advance so plant material may be inspected upon arrival at job site. 8. Remove unacceptable plant material immediately from job site. E. Storage 1. Balled and burlaped plant stock: Deliver from nursery and shall be dug with a firm, natural ball of soil of sufficient size to encompass the fibrous and feeding roots of the plant. No plants moved with a ball shall be planted if the ball is cracked or broken. 2. Bare root plant material: Deliver direct from supplier. 3. Protect roots of all plant material from drying or other possible injury with shade-cloths, tarps, or other means. Keep plant root ball and crown moist at all times. 4. Store plants in shade and protect from weather. Heel in trees in a vertical position as required. Irrigate all stored plants as required. 5. Maintain and protect plant material not to be planted within four hours. Plant palms upon delivery . D. Handling 1. Do not drop plants. TR-CA-J-47 2. Do not pick up container or balled plants by stems or trunks. 1 b B 2'"' " 3. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2" width minimum. 1.08 JOB CONDITIONS A. Planting Season: Perform actual planting only when weather and soil conditions are suitable, in accordance with locally accepted practice. B. Locate all underground utilities and other non-readily visible structures prior to digging. Landscape Contractor shall repair all damage to underground utilities, and/or construction caused by utility damage, at no cost to the Owner. c. Verify that all existing trees to remain are properly identified and barricaded to prevent damage under this and future construction. Landscape Contractor shall be responsible for maintaining adequate identification and barricading of all existing plant material to remain throughout the installation and required maintenance period. 1.09 GUARANTEE A. Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12 months after date of Final Completion. replacement plants under this guarantee shall be replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of installation. B. Repair damage to other plants, lawn or construction work during plant replacement at no cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site furnishings, etc.). 1.10 SCHEDULING A. Coordinate work and installation as required with other contractors within the project area that may be in progress as required. B. Install trees, shrubs, and ground cover before lawns are installed. C. Notify Landscape Architect of anticipated installation date at least (2) two weeks in advance. PART 2 - PRODUCTS 2.01 PLANT MATERIAL A. Well-formed and shaped, true to type, and free from disease, insects, and defects such as knots, sun-scald, windburn, injuries, abrasion or disfigurement. B. True to botanical and common name and variety: American Joint Committee on Horticultural Nomenclature, Standardized Plant Names, latest edition. TR-CA-J-48 1682 c. Minimum grade of Florida NO.1 in accordance with "Grades and Standards for Nursery Plants" latest Volumes, published by the State of Florida Department of Agriculture. All plants not listed in "Grades and Standards for Nursery Plants", published by the Division of Plant Industry, shall conform to a minimum grade of Florida NO.1 as to: ~ .1 , 1. Health and vitality 2. Condition of foliage 3. Root system 4. Freedom from pests or mechanical damage 5. Heavily branched and densely foliated according to the accepted normal shape 6. Freedom of low and/or tight "V' shaped crotches: D. Nursery Grown: ANSI Z60.1-1969 1. Grown under climatic conditions similar to those in locality of project. 2. Container grown stock: a. Growing in container for minimum 30 days before delivery, with sufficient root system for container size. b. Not root-bound or with root systems hardened off. 3. Use only ground cover plants well-established in removable containers, integral containers, or formed homogenous soil sections. 4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted unless previously done in writing from the project Landscape Architect. E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for Nursery Plants, Part II, Palms and Trees", latest volumes, published by the State of Florida Department of Agriculture. F. Materials should be installed at their specified size and heights. 2.02 PLANTING SOIL A. Planting soil mixture for backfill around trees, palms, shrubs, and groundcover shall be as specified in Section V - Planting Soil Preparation. 2.03 SOIL CONDITIONERS A. Soil conditioners shall be as specified in Section V - Planting Soil Preparation. 1. Apply foliage sprays with a wetting agent. B. It shall be the responsibility of the contractor to supply and transport water to all landscape areas during construction until the irrigation system is installed. 2.04 MULCH TR-CA-J-49 lh82'~~ A. Eucalyptus mulch, Grade AI. shredded, loose, substantially free of minera waste materials, and sterilized. B. Processed specifically for use as mulch around plant beds. 2.05 GUYING AND STAKING MATERIAL A. Stakes for Palm tree support: 1. Construction grade lumber, pressure treated pine. 2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure treated pine and pointed at one end. 3. Braces for Palm Trees: Nominal 2" x 4" x 8'Iong pressure treated pine. 4. See detail sheets for staking requirements for palms. B. Guying Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one flag near the middle of the length of wire, above turnbuckle, if used), or approved equal. c. Hose 1. Type: New %" diameter 2-ply reinforced black rubber or plastic hose. 2. Minimum length: 6 inches. D. Turnbuckles 1. Turnbuckles are required. Landscape Contractor shall be responsible for keeping taut all guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is required. 2. Guying to be tightened as needed, but always within one day of when found necessary. 2.06 SLOPE STABILIZATION A. Landscape contractor shall be responsible to stabilize grades by approved methods where necessary. B. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas found to be required to reduce surface erosion by the Owner's Representative with erosion control fabric. Contractor shall install erosion control fabric according to the manufacturer's instructions. 2:.07 SOIL SEPERA TOR A. Soil separator material or drainage cloth shall be used where specified within the plans or details. TR-CA-J-50 B. The soil separator in landscape shall consist of a sheet of structure complePe~~ of preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly at the crossover points and weighing 4.0 + 0.3 oz.lyd. 1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc. (Phone 1-800-321-6271), and sold through Exxon, Inc. (Phone 1-800-543-9966). 2. Technical Date Weight 4.0 oz.lyd. ASTM D1910-64 (1975) Thickness 15 mils ASTM 01777-64 (1975) Grab Tensile 135 Ibs; ASTM 01682-64 (1975) Elongation to Bcab 62% ASTM 01682-64 (1976) Trapezoidal Tear 74 Ibs. ASTM 02263-68 Puncture Strength 50 Ibs. ASTM 0751-73 Mullen Burst 200 psi ASTM 0774-46 Abrasion resistance 42 Ibs. ASTM 01175-71 Specific Gravity .95 Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std. Sieve 0422-63 (1972) Flux 230 gal.lftlmin. EURM-100 Coefficient of H 0 2x10 cm/sec. EURM-100 3. Soil separator installation a. Roll, size and overlap as required as indicated, and complete installation as per manufacturers standard printed specifications, inspections and recommendations. b. Contractor shall be responsible for securing top edges of soil separator by an approved method. 2.08 DRAINAGE GRAVEL A. Gravel shall be River gravel and shall be of graduated sizes. B. River gravel shall be no smaller than three quarter inch (3/4"), nor larger than one and one half(1 %") in any direction. c. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth. D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth. E. Orainage gravel shall be provided and installed in the bottom of tree/palm planting pits where percolation may not be adequate (see Part 3.03 "Preparation" within this section). PART 3 - EXECUTION 3.01 INSPECTION TR-CA-J-51 A. Verify that final grades and drainage have been established prior to thlb~in~in? of the planting operation. B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper pruning. C. Do not begin planting of trees until deficiencies are corrected, or plants replaced. 3.02 LOCA TION/ST AKING A. Stake out locations for plants and outline of planting beds on ground. B. Do not begin excavation until stake out of plant locations and plant beds are acceptable to the Landscape Architect. C. The location of all plant materials shall be field staked prior to installation for Landscape Architect's approval. 3.03 PREPARATION A. Plant Pits 1. Shape a. Vertical sides and flat bottom. Tree/palm pits shall have mounded bottoms to improve drainage as detailed. b. Plant pits to be square or circular. 2. Size a. Trees and Palms (1) Depth: Minimum 2 ft. from finish grade and increased as necessary to accommodate planting ball or drainage. (2) Width or diameter: 2 ft. greater than diameter of planting ball (unless otherwise approved by Landscape Architect for special planting areas). b. For Shrubs and Groundcovers . (1) Depth: (a) 2 and 3-gallon plant material shall receive a minimum of 2" of planting soil mixture beneath the root ball. (b) Plant materials sized 1 gallon or less, and/or materials planted 24" O.C. or less shall receive a full 8" of amended planting soil mix tilled to a minimum depth of 12":. Note: All annual beds shall receive a full 8" of amended planting soil mix. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative. (c) For plants not requiring soil mix, the entire bed shall be tilled by mechanical means to a depth of 12". (2) Width or Diameter (a) All 2 or 3-gallon material shall be placed within a minimum 18"dia. planting hole, and backfilled with the specified planting soil mix. (b) All plant material sized 1 gallon or less, or material planted 24" TR-CA-J-52 o.c. or less shall receive complete bed amending,. That16 B 2 excavation of existing soil to a minimum of 8 inches (Note: 8" for all annual beds) below finished soil elevation, backfilling with specified planting soil mix, and then tilling with all required amendments to a depth of not less than 12 inches. All areas to be amended in such a manner shall be highlighted on contractor's record drawings. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative (3) Bring all beds and pits to smooth, even surface conforming to established grades after full settlement has occurred. NOTE: Amending of, and quantities of planting soil mixes as outlined above contingent with existing soil conditions. I B. Disposal of Excess Soil: 1. Use acceptable excess excavated topsoil to form watering berms around the plants. 2. Dispose of additional excess soil at direction of Owner's Representative. 3. Dispose of unacceptable or unused excess soil in designated staging area as directed by the Owner's Representative. 4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as directed by the Owner's Representative. c. Planting Beds: 1. For planting beds backfill with 8" of specified and amended planting soil mixture to meet required finished grade. 2. Bring all beds to smooth, even surface conforming to established grades after full settlement has occurred. D. Test fill all tree pits with water before planting to assure that proper drainage and percolation is available. Pits which are not adequately draining shall be excavated to a depth sufficient for additional drainage and backfilling with gravel., No allowances will be made for lost plants due to improper drainage. Landscape Contractor shall replace with same species size and specification at no cost to Owner. 3.04 PLANTING A. General 1. Center plant in pit. 2. Face for best effect, or as directed by Landscape Architect. 3. Set plant plumb and hold rigidly in position until soil has been tamped firmly around planting ball. 4. Use only planting soil backfill as specified in Section V. 5. Place sufficient planting soil under plant to bring top of planting ball to finish grade (top of tree/palm root balls shall not be set below finished grade). 6. Backfill pit or trench with planting soil in 9-inch layers. Water each layer thoroughly to settle soil and work soil completely around roots and planting ball. 7. After soil settles, fill pit with planting soil and water. Leave pit surface even with finish grade. TR-CA-J-53 16B2"'~ 8. Plant all shrubs and ground covers per specifications and details and maintain a 36" offset from back of curb, walks, and/or paving. 9. Topsoil berm: a. Construct a topsoil berm 6 inches above finish grade, forming a watering saucer with a level bottom around each palm or tree. b. Size: 2 feet greater diameter than the diameter of root ball. Maintain 4 foot diameter mulch circle or to the outside of the water saucer around all trees in sod areas. c. Leave saucer for 3 months, or as directed by Owner's Representative. At the end of 90-day warranty maintenance period, re-grade area and re-mulch planting circle (or planting bed) for all plantings. Remove excess from basin and clean area. Replace any damaged plant material or sod at no cost to Owner. 8. Balled plants (8&8) 1. Place in pit on planting soil backfill material/drainage gravel that has been hand-tamped prior to placing plant. 2. Place with burlap intact, so location of ground line at top of ball is same as at nursery where grown. 3. Remove binding at top % of planting ball and lay top of burlap back 6 inches. For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum) after the tree has been stabilized by partially backfilling the planting pit. 4. Do not pull wrapping from under the planting ball. 5. Do not plant if planting ball is cracked, broken, or showing evidence of voids before or during planting process. Replace with plant of same species, size, and specification at no cost to Owner. c. Container-grown plants 1. Container removal a. Do not injure planting ball. b. Do not cut cans with spade or ax. c. Do not cut sides on knockout cans. d. Carefully remove plants without injury or damage to planting ball. e After removing plant, superficially cut edge roots with knife on three sides. . Note: Root-bound plants shall not be accepted. 2. Dig and prepare planting beds according to drawings and as specified herein. 3. Hand place plants which are in containers less than one gallon in size. 4. Hand backfill and hand tamp, leaving slight depression around bases of plants. 5. Do not cover top of root ball set plants % inch above adjacent finished grade. 6. Thoroughly each plant for settlement and replace required planting soil. 3.05 FERTILIZER APPLICATIONS A. Apply granular fertilizer at time of planting and repeat three months from first application. Schedule time of fertilization with Owner or Landscape Architect to verify compliance of fertilization of plant materials. TR-CA-J-54 16B2 B. Apply granular fertilizer at following rates to planting bed and saucer areas around each tree, palm and shrub. 1. Trees: a. Caliper 4 inch and larger: 1 pounds per inch of caliper (i.e. 4" caliper equals 4 Ibs. of fertilizer). b. Caliper 4 inch and less: 1 pounds per inch of caliper (i.e. 2" caliper equals 2 Ibs. of fertilizer. 2. Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant 5 gallon to 3-gallon % Ib per plant 1 gallon or less % lb. per plant 3. Ground Cover Plants: 1 gallon or less % lb. per plant 4. Palms: 1 pound per inch of caliper. C. Broadcast under foliage canopy and incorporate into soil. D. Water immediately until root structure of plant is wet. Assure protection from fertilizer burn. E. Apply foliage nutrient spray to all Palm species at time of planting and repeat three (3) months from first application. Do not apply foliage sprays in summer months (Le. June through August). Schedule fertilization with Landscape Architect. Drench palm leaves with foliage nutrient spray at the manufacturer's recommended rate to all palm species. F. Trees, Palms, Shrubs and Ground Covers shall also be fertilized with 21 gram Agriform tables per manufacturer's application rates. 3.06 WEED AND INSECT CONTROL A. Seven days prior to planting apply post-emergent herbicide, "Roundup" or equal as manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and method of application to all landscape bed areas as necessary. B. Provide viable application of pre-emergent herbicide "Surflan" in accordance with manufacturers recommendations before mulching, and again as necessary throughout required maintenance period to prevent weed seed germination. 1. Contractor shall schedule application with Owner or Owner's Representative to verify compliance with specifications. C. The Landscape Contractor shall verify that the herbicide and application technique will not damage plant material prior to application, and shall replace, and/or repair damage to any plant injured by herbicide application at no cost to the Owner. D. Provide written certification that all plant materials including palms have been specifically treated for insect control. 3.07 MULCHING TR-CA-J-55 16B2 " '1 A. Top mulch planting pits, trenches, and areas within two days after planting. B. Cover watering basin or bed evenly with 4 inches uncompacted depth of mulch material. c. Water thoroughly immediately after mulching. D. Match mulch elevation at plant bed/sod line. E. Hose down planting area with fine spray to wash leaves of plants twice a week, or as required. F. Exclude mulch from annual beds. 3.08 GUYING AND STAKING OF TREES A. Guy trees as shown on the drawings, except where they are planted in special locations where guying is not feasible. 1. Stake installation a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do not install stake through soil separator or drainage gravel if present. Do not install stakes through root ball. Install stakes or guying within the tree or palm mulch area. b. Number of stakes as shown. B. Stake palm trees as shown. Contractor shall not deepen the burial of any palms for stabilization in lieu of staking. The clear trunk height shall be required as specified on plans after installation. The Contractor shall be responsible for and guarantee the installation against toppling, and be responsible for any and all damage incurred by toppling over of palms. C. Contractor shall leave all guying and staking in place and maintain in good repair. Ensure no guys or stakes occur in grassed areas. 3.09 PRUNING A. Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. Pruning shall be done with regard to natural form of plant material, or as directed by the Landscape Architect. 1. Prune trees and shrubs prior to delivery to site only under direction of Landscape Architect. (Note: Pruning is required for collected palms and trees per "Grades and Standards for Nursery Plants Part II, Palms and Trees, latest volumes. B. Pruning cuts shall be monitored to ensure proper healing and to prevent insect/disease infestation. TR-CA-J-56 C. Landscape Contractor shall perfonn all specialized shearing and/or pruning ls 9re~e~Y the Landscape Architect, as shown on the drawings, at no additional cost to the Owner. 3.10 MAINTENANCE A. Begin daily maintenance immediately after each item is planted. Continue until the final completion. The Owner's responsibility for landscape maintenance shall commence on the date each designated portion of the project is turned over to the Owner by acceptance. . B. Maintain a healthy growing condition by pruning, watering, cultivating, weeding, mowing, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of plant saucer, and furnishing and applying such sprays as necessary to keep planting free of insects and diseases. C. The root system of plants shall be watered by the Contractor as often as conditions require at such intervals as will keep the surrounding soil in best condition for promotion of root growth and plant life. Supplemental hand watering, above the irrigation system watering, is the responsibility of the Contractor until all plant materials are well established. D. Keep planting saucers and beds free of weeds, grass, and other undesired vegetation growth. All areas must be 98% weed free upon final acceptance by Owner. E. Protect planting areas and plants against trespassing and damage of any kind for the duration of the maintenance period. F. Inspect plants at least once a week and perform maintenance promptly. Replace impaired or dead plants promptly. Do not wait until near the end of the guarantee period to make replacements of plants, which have become unacceptable'- G. Remove soil ridges from around watering basins as directed by the Landscape Architect/Owner's Representative. H. Water when soil moisture is below optimum level for best plant growth. Coordinate and adjust timing of irrigation system with irrigation contractor as plant materials establish. Contractor shall note that the irrigation system is not designed to accommodate establishment of trees and palms. It is the Contractor's responsibility to provide additional water as may be required above what is supplied by the irrigation system until all trees and palms are well established. I. Contractor shall be responsible to protect all cold sensitive approved plant materials stored or planted on-site by approved methods from cold or freeze damage as may be required. Contractor shall use approved horticultural practices typical for the South Florida area, and shall submit intended methods, schedules and plans of protection with required submittals for review and approval. In the event the Owner or Landscape Architect verifies that the materials protected by the Contractor are damaged during a cold period or freeze, the damaged materials shall be replaced (or not) by the Owner, or at additional cost to the Owner. The Contractor shall use reasonable measures to protect all cold sensitive plant materials. TR-CA-J-57 B2.'~. 16 :..~ 3.11 CLEANING A. Fill all pits/depressions in holding area, and rough grade to meet surrounding elevations. Remove any organic or other debris resulting from the plant relocation process. B. Sweep and wash all paved surfaces. C. Remove planting debris from project site and holding area. D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area. 3.12 SUBSTANTIAL COMPLETION, OBSERVATION AND ACCEPTANCE A. Observation of the entire project, or designated portions thereof, shall be made upon written request of the Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by the Landscape Architect at least five (5) days before anticipated date of observation. C. Plants that have died or are in unhealthy or badly impaired condition on observation shall be treated or replaced immediately at no additional cost to Owner. D. Replace rejected plants within two (2) weeks of observation or as indicated in the project time line schedule. E. Final completion acceptance of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall be in according to the conditions of the contract. Substantial completion will be given by the Landscape Architect and the Owner's Representative, provided the Contractor has supplied the Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.06 of this section. A complete maintenance manual shall contain information in sections of the following: 1. Weed Control a. Shrub areas b. Turf 2. Pest/Insect Control a. Trees b. Palm c. Shrubs d. Turf 3. Fertilization TR-CA-J-58 a. Schedules b. Trees c. Palms d. Shrubs e. Products/amounts or application rates f. Soil Testing g. Turf Mulching Reauirements l6B2 4. 5. Trees. palms. and Shrubs a. Pruningffrimming b. Watering Requirements c. Soil Testing d. Specifics for each type specified END OF SECTION VII TR-CA-J-59 6 B 2"" ''I! 1 SECTION VIII - SODDING PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Comer County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the sodding work, as indicated on the drawings, as specified herein, or both, including the replacement of any sod damaged from and adjacent to construction work, with sod of identical genus, species, and variety. B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project. Submit plans to the roadway agencies having jurisdiction for approval, prior to beginning work, using the latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards, and the F.D.O.T. Florida Pedestrian Safety Plan. 1.03 RELATED WORK A. Section I B. Section IV C. Section V D. Section VI E. Section VII Traffic Control Plan I F.D.O.T. Indexes Grading Planting Soil Preparation Irrigation Plant Material and Installation 1.04 QUALITY ASSURANCE A. Standards 1. Florida Turf Producers Association, all sod shall be Florida Standard Grade. 2. Federal Specifications (FS) O-F-241 c (1), Fertilizers, Mixes, Commercial. B. Testina Agency: Independent Testing Laboratory. C. ReQuirements of Regulatory Agencies: Conform to the requirements of the State Department of Agriculture. TR-CA-J-60 1.05 SUBMITTALS 1682 .i .~ A. Certificates and Guarantee 1. Growers Certification and Guarantee a. All sod shall be Florida Standard Grade sod as defined by the "Florida Turf Producers Association" which is true to botanical variety and 98% free of weeds and foreign grasses. b. Florida Standard Grade may have no visible broadleaf weeds when viewed from a standing position, and the turf shall be visibly consistent with no obvious patches of foreign grasses. In no case may the total amount of foreign grasses or weeds exceed 2% of the total canopy. The sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked up and handled without damage. c. Grass species and variety, with date and location of field from which sod is cut. d. One certificate per truckload is required. e. Compliance with state and federal quarantine restrictions, if applicable. 2. Manufacturer's certification of fertilizer and herbicide composition. 3. Contractor shall submit all certifications, reports, etc., to the Landscape Architect a minimum of one week prior to installation. B. Maintenance Instruction: Prior to the end of the maintenance period; furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of all sodding throughout the full growing season. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver sod on pallets. B. Protect root system from exposure to wind or sun., c. Protect sod against dehydration, contamination, and heating during transportation and delivery. D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade, or covered with moistened burlap. F. Do not pile sod more than 2 feet deep. G. Do not tear, stretch, or drop sod. 1.07 JOB CONDITIONS A. Begin installation of sod after preceding related work is accepted. B. Environmental Reauirements: TR-CA-J-61 1hB2 1. Install sod during months acceptable to the Landscape Architect or Owner's Representative. 2. Do not install sod on saturated soil. C. Protection: Erect signs and barriers against vehicular traffic. 1.08 GUARANTEE A. Guarantee sod for period of twelve (12) months after date of Final Completion. B. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from the date of installation. c. Repair damage to other plants during sod replacement at no cost to the Owner. PART 2 - PRODUCTS 2.01 SOD A. Grass Species 1. Stenotaphrum secundatum "Floratam", St. Augustine "Floratam" Grass - 50% sand grown. 2. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved. Field grown sod is not acceptable. 3. Florida Turf Producers Association: Florida Standard Grade 4. Bahia Sod, Paspalum notatum may be used in temporary, non-irrigated construction areas and along rights-of-way grass strips. B. All St. Augustine sod shall conform to the following requirements: 1. Furnish in pads that are not stretched, broken, or torn. 2. Size: Sod pads shall be 18x24 inches in size (plus or minus 5%) with a 1 ~ inch thickness (excluding top growth and thatch). 3. Sod shall be uniformly 2" in height. 4. Thatch: Maximum ~ inch uncompressed. 5. Inspected and found free of diseases, nematodes, pests, fire ants, and pest larvae by entomologist of State Department of Agriculture. 6. Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed seeds. 7. Uniform in color, leaf texture, and density. 2.02 WATER A. Potable water free of substances harmful to plant growth, objectionable odor, or staining agents. 2.03 FERTILIZER TR-CA-J-62 A. FS O-F-241c (1), Grade A or B. 1682 B. The Chemical designation for granular fertilizer shall be 15-5-15, with at least 50 percent (50%) of the nitrogen from a non-water soluble organic source for all plantings. c. Apply and distribute by methods and rates as recommended by manufacturer. 2.04 HERBICIDES A. As recommended by the State Department of Agriculture. 2.05 STAKES A. Softwood, % inch diameter, 8 inch length as required. PART 3 - EXECUTION 3.01 INSPECTION 3.02 A. Disk, till, and/or scarify existing soil to depth of four inches (4") in all areas to be sodded, to produce a loose, friable soil conducive to exceptional sod growth. B. Water dry soil to depth of 6 inches, 48 hours before sodding. INST ALLA TION A. Transplant sod within 48 hours after harvesting. B. Repair all existing lawn areas disturbed by installation of irrigation and/or plantings which will not be sodded with new sod. C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours. E. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and/or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. F. Stagger end joints in adjacent rows. G. Do not stretch or overlap rows. H. Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. I. Water sod immediately after transplanting. (See 3.03) TR-CA-J-63 3.03 E. F. 3.04 A. B. C. J. Roll sod, except on pegged areas, with roller weighing no more than lQs~~oot of roller width. Schedule rolling of sod to ensure observation by Owner and/or Landscape Architect. K. Water sod and soil to depth of 6 inches within four hours after rolling. TURF ESTABLISHMENT A. Waterina 1. Keep sod moist during first week after planting watering twice daily. 2. After first week, supplement rainfall to produce a total of 2 inches per week. 3. It is the contractors' responsibility to water all turf areas. B. Mowing 1. Maintain St. Augustine grass as required until final acceptance between 3 inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to 3 inches in height. 2. Do not cut off more than 50% of grass leaf in single mowing. 3. Mow with mulching type mowers. C. Resod spots larger than 1/2 square foot not having uniform stand of grass. D. Weed Eradication: If required between second and third mowing, apply herbicide specifically Recommended for grass type uniformly at manufacturer's recommended rate. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate '14 days after sodding and at three-month intervals thereafter. Thoroughly water in to avoid "burning" or damaging grass. The contractor shall maintain the sod areas for 90 days after installation, and prior to final completion, insuring the watering for lawn establishment and the mowing procedures as noted above are maintained during this period. Establishment period and maintenance of sod areas shall extend until final acceptance by the Owner according to the conditions of the Contract. CLEANING Immediately clean spills from paved and finished surface areas. Remove debris and excess materials from project site. Dispose of protective barricades and warning signs at termination of turf establishment. 3.05 SUBSTANTIAL COMPLETION, INSPECTION AND ACCEPTANCE TR-CA-J-64 F. A. r"} .-,c] Inspection of the entire project, or designated portion thereof, shall :1 GdU ~on written request of Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by Landscape Architect at least five (5) days before anticipated date of inspection. C. Sod that has died, or is in unhealthy or badly impaired condition on inspection,. shall be treated or replaced within 14 days at no additional cost to Owner. D. Replace or repair rejected sod within two weeks of inspection. E. Final completion of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall terminate on date the entire project, or designated portion thereof, is declared to be substantially complete by the Landscape Architect according to the conditions of the Contract; provided Contractor has supplied Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.05 of this section. END OF SECTION VIII TR-CA-J-65 SECTION IX MAINTENANCE DURING CONSTRUCTION lbB2 PART 1 GENERAL These specifications are intended to provide the information by which the contractor may understand the minimum requirements of Collier County relative furnishing and delivering Grounds Maintenance for the road rights-of-way and medians within the project areas. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600 Series. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the Current Edition of F.D.O.T. "Standard Specifications for Road and Bridge Construction". B. The contractor shall maintain two-lane operation after working hours. All hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660 before daily operations are complete. C. On-site work hours will be restricted to daylight hours and lane closures are restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays. D. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove lane closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 1.02 RELATED DOCUMENTS A. Construction Contract Milestone Schedule B. Section I Traffic Control Plan I F.D.O.T. Indexes C. Section VI Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 2.0 SCOPE OF WORK The work covered by this Contract requires a weekly servicing of the Work Areas per all specifications and services as described in the specifications. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds TR-CA-J-66 maintenance, as detennined by the Contract Documents, Project Manager or . bsa~ Owner's Representative as follows: 2.01 LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below. The rights-of-way and median work areas of the said project. 3.0 CONTRACT STANDARDS The following are general contract standards required by Collier County for providing Grounds Maintenance during construction. 3.01 TRAFFIC CONTROL At all times while performing work required by this Contract, the Contractor shall provide and erect Traffic Control Devices and use procedures conforming with the "F.D.O.T. Roadway and Traffic Design Standards" Current Edition. and to other aoolicable Manuals or Indexes. The Contractor will be responsible for obtaining a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility; approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. An arrow board will be required under this Contract that meets F.D.O.T. traffic control requirements. Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager or his designee. (Hereinafter whenever the "Project Manager" is referenced in this bid document, it shall include by reference "or his designee"). 3.02. CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. 3.03 ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should assistance of law enforcement, emergency personnel or others be requested, any costs incurred shall be included in the Contract unless otherwise approved by the Project Manager. TR-CA-J-67 1682~ 3.04 RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. 3.06 GENERAL MAINTENANCE REPORTING The Contractor shall report maintenance work and observations as part of the weekly Contractor's Meeting Report. The Contractor will also be required to conduct on-site observations with the Project Manager or Owner's Representative on a weekly basis to verify satisfactory completion of Contract requirements. 4.0 BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING Mowing and edging shall only include the medians that contain turf or any immediate turf areas surrounding or within a work area that is tied up for more than seven (7) days, along the rights- of-way involved in the contracted work. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 %"). The frequency of cutting will be weekly. The number of mowings may be modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. IRRIGATION SYSTEMS TR-CA-J-68 The sprinkler systems shall be checked and repaired as necessary. Quick \4a2es \ shall be reviewed weekly and operated to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review of filters and backflow preventers, replacement of heads and nozzles, installation or replacement of risers, repair of minor breaks or restricted sprinkler lines, replacement of damaged valve boxesllids and adjustment of controllers and rain shutoff switches for settings and operation. Labor costs for these services shall be included in the Contract Proposal. Faulty or non-accident related materials or parts required for repairs shall be under warranty and at no additional charge. Major accident damage repairs to the sprinkler system including repair of valves, mainlines, time-clocks, damage by vehicles or electrical wiring problems not caused by the Contractor or their sub-Contractors will be considered as additional expenses to the Contract. These additional expenses shall be charged as a time and material billing. All additional expenses must be approved by the Project Manager prior to proceeding with the work. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Contractor shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. 3. The Contractor shall maintain on-site, where required, the County supplied reclaimed water irrigation signage. Cost to install replacement signs shall be considered additional services and be billed on a time and material basis. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon by the Contractor and the Project Manager prior to performing additional services. The irrigation service personnel shall have on-site two-way hand-held communications during all services and/or inspections. c. WEEDING Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. D. GENERAL SITE PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes E. TRASH REMOVAL TR-CA-J-69 . .f8~.~ '1 '"' . With each service, all site work areas shall be cleaned by removing all trash or ebris to include, but not be limited to: paper, bottles, caris, other trash, and horticultural debris. All debris or trash pick-up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING Street Cleaning A four-foot (4') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES 1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager, they shall be replaced at the Contractor's expense under the warranty. 2. The Contractor sha~1 provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 3. It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services. 5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 6. The Contractor shall have radio, cellular phone and/or beeper equipment for on-site and off-site communication in order to communicate with the ProjectManager. SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes. B. FERTILIZATION TR-CA-J-70 The following fertilization schedule is provided as a monthly guideline for the l,Qaa~f the ;j plant materials during the contract until project completion. The Contractor is responsible for providing fertilization of the newly installed plant materials until project completion. The Project Manager reserves the right to change the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Prior to fertilization application, notification to the Project Manager is required to allow for inspection of all bags. Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve inch (12") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty- six inch (36") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one-half (%) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. St. Augustine "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation Application Rates December 21-0-0 4.5 Ibs. /1,000 sq. ft. February 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft. April 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft. May 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft. July 13-3-13 (SR) 7.0 Ibs. - 1,000 sq. ft. September 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft. October 15-5-15 (SR) 6.5 Ibs. /1,000 sq. ft. Shrubs. Groundcovers. Palms and Trees Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months Formulation Application Rates October 9-11-11 12.5 Ibs. /1,000 sq. ft. February 9-11-11 12.5 Ibs. /1,000 sq. ft. April 0-0 22 So-Po-Mg 10.0 Ibs. /1,000 sq. ft. TR-CA-J-71 16B2M May 9-11-11 September 0-0 22 So-Po-Mg 12.5 Ibs. /1,000 sq. ft. 12.5 lbs. - 1,000 sq. ft. 10.0 Ibs./1,OOO sq. ft. July 9-11-11 Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon should be applied during the months of March, June, September and December. The application is to be a drench, at the root zone of any plants subject to iron deficiencies as determined by the Project "Manager. Applications of 20-20-20 at ten (10) pounds of materials per one hundred (100) gallons of water with Ferrmec AC 13-0-0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. c. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the Contract. 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Owner. c. Current Contractor's Occupational License for Pest Control Service. 2. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The Pest Control Firm shall make on-site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch TR-CA-J-72 1682 bug treatments shall be applied at a minimum rate of ten (10) gallons of spray mix per 1000 square feet of treatment area. a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent an insect immunity to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty-five (85) degrees. d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying. of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of "No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation. M.U.T.C.D and Indexes. h. All spray application shall contain a wetting agent within the mix when recommended by the label or Projectl Manager. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. 6. Materials List: All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis. Herbicides - Applications, to include Pre-emergent in February and September, Post- emergent in November, January and March or on an as needed basis until project completion. b. Groundcovers, Shrubs and Trees: TR-CA-J-73 Insecticides & Fungicides - Applications on an as needed basis. 1682 c. Bed Areas: Herbicides - Applications, Pre-emergent in February and September, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non-performance of a required application, such additional spraying shall be performed at no cost to the Owner. D. MULCHING Organic Mulch Mulch shall be maintained to the plan specified coverage and depths. Non-Organic Mulch Mulch shall be maintained to the plan specific coverage and depth. F . IRRIGATION SYSTEMS This site may have both subsurface irrigation and conventional pop-up sprinkler systems. Subsurface Irrigation System 1. A visual inspection of the subsurface _irrigation system shall be done weekly to determine if there are cuts, leaks or other line damages or problems. 2. All non-accident related cuts, leaks or other line damages found during weekly servicing of the work area shall be repaired immediately and at no extra cost to the Owner. All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Project Manager for review and approval. 3. No excavation or mechanical edging shall be done within these areas without prior notification to the Project Manager. 4. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 5. Check the controllers and rain sensing devices for proper operation and settings. Conventional Pop-up Sorinkler Systems Weekly Service Requirements: 1. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair of blown-off heads, broken lines or leaks around heads or valves. TR-CA-J-74 1682 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if found, correct the problem immediately and advise the Project Manager. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and emitter lines as necessary to ensure for proper coverage and that no sprinklers heads/nozzles are spraying directly into the roadway. General Service Requirements: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all controllers set to the mandated hours of operation set by the District. 2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxesllids if caused by the Contractor. 4. Inspect, clean and replace, if necessary, screens/filters within the sprinkler heads. 5. Use only County approved replacement parts, and use only matched precipitation head replacements. Replacement sprinkler heads shall be supplied by Collier County. 6. Keep grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%) accessible. 7. One hundred percent (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. 8. Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system, G. DECORATIVE PAVERS AND PAVING All decorative paving areas shall be reviewed with each weekly service to determine if damage or problems exist. Upon finding damage or problems to the paving, an immediate notification to the Project Manager, or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for TR-CA-J-75 1682 repair or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related to the Contractor or their sub-Contractor's will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided to the County. All additional expenses must be pre-approved by the Project Manager. END OF MAINTENANCE DURING CONSTRUCTION SECTION TR-CA-J-76 EXHIBIT K PERMITS 1682 TR-CA-K-1 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY Outside Productions Inc. AND IDENTIFIED AS FOLLOWS: Collier County Landscape Beautification Master Plan - Livingston Road (lmmokalee Road to Collier County Line) ~S SHOWN ON on the Title Sheet, and Plan Sheets L 1 through L 12 and IR1 through IR12. 1682 TR-CA-L-1 Revised: March 21, 2004 Bid No. 04-3655 - Collier County Landscape Beautification Master Plan - Livingston Road (Immokalee Road to Collier County Line) 16B411 PROJECT: PARCEL NOs: FOLIO NOs: 62081 175,812,813 and 814 29800000058 29800000100 29800000155 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ;) srrr 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 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 $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. It 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. Purchase Agreement Purchase Agreement 16 B 4 ..:;~ ::f~ <it 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. 1684 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: DtftD,' "~ ",'" . I-,I ATTEST: ;' ,: DWIGHT E. .BHQ'CK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~,d~~ Donna F ala, Chairman Purchase Agreement 16B4 'J Page 4 AS TO OWNER: DATED: ~ - /)- D'-/ C~~ Witness (Signature) f)pt,yJ,{ F ffJI.H STflo 10 (.., Nam,e (Print or Type) l&~~/~ ,SONlfi bkFEAI Name (Print or Type) (u L / ./ Q.( .~kL DONAHUE B. SILVIS ------ Approved as to form and legal sufficiency: Item II d;~ .'.:,......; s/0~ ~ . '." ''', l'"jIC I, 2' ""'-/_ t ~. 1: t='/~---' i '~~J h~ V ~/ ..L-~ Ellen T. Chadwell Assistant County Attorney ~ 1 PROPOSED PERPETUAL, ~ :--l NON-EXCLUSIVE ROAD ~ ~ R,O.W., DRAINAGE, AND ~ ~ PARCEL UTlUTY EASEMENT ~ ~ 175) ;-:,765 SQUARE FEET -.':j "1.01'16' pv. ~ x ,(1) x x x X X (2Y Xx ~ . ,8. 9 L 1 :x 'Xx)<. x x x x x x X X ~ ~ Yl ~ x >f' x x x x x xx:< x X X X X xio "!. P. 0 B --+.... ~ ~ x x )( )( x x x x x x X X X X x~ ~ · . . I ~ (,n x x x x ~ :"6;84'~ 1::'~~W~~01~'09~'I'~"[~' 3,~,.'~8~'~~~''''' EXISTING 53'pEUARSpEOMSf[NST / ~ ~ S.0I"6'W'[i~ ,'" '" (FOR R.o. W. )' P. o. C. --....... ~. & "'"2'0' 17 (PER PLA T SE CORNER ~ " "... '" " _~ I - OF LOT 1 21 16 GOLDEN GA TE UNIT 6 l1'Il , 'l.,j I SANTA BARBARA BOULEVARD PLAT BOOK 5, PAGES 124-134 -I ,~~/ ~ ~ 7 7. 7 ~ ~ ~ ~ BLOC K 158 ~ ~ ~< ~:l;.. GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 117-123 ~ ~ 705. 7 C) ~ ~~ :b.<: ~~ Q)~ C)rli ~ ~ - ~ ~~ ~Vi __ '"'is:::: c:::J l1'I ~ <.JJ. c.o-; l.,j ~ -- 7 BLOCK 157 11 S- I ~ ~ c.u c.u ~ ~ ~ ~ ~ ~ ~ ~ ~ :t:.: g; g; ~ ~ ~ ~ ~ ~ ~ ~ ""'3 16 B 4 ~~.f---j--- ,.~ . ~,~t -- DEKKER ESTA TES PLA T BOOK 24, PAGES 40-41 I ~ 200 2 GRAPHIC SCALE ! 380.00' (PLA T) GOLDEN GA TE ESTA TES UNIT 33, PLA T BOOK 7, PAGE 60 173 PROPOSED ROW [A.~M:~ 76 7 BLOCK 152 LEGAL DESCRIPnON ~ ALL THA T PART OF LQT " DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUNTY. FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT " A POINT ON THE EAST LINE OF SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE ALONG SOUTH LINE OF SAID LOT 1 SOUTH 89'27'39" WEST 53.00 FEU TO THE POINT OF BEGINNING; THENCE CONT(NUlNG ALONG SAID SOUTH LOT LINE SOUTH 89'27'39" WEST 40.55 FEU; THENCE LEA VlNG SAID SOUTH LOT LINE NORTH 01'16'19" WEST 68.91 FEET,' THENCE S.89'39'09"W. 14.46 FEU THENCE NORTHERLY 183.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,005.00 FEET THROUGH A CENTRAL ANGLE OF 03'30'10" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTH 03V7'16" WEST 183.68 FEET,' THENCE NORTHERL Y 127. 78 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE WESTERL Y HA VlNG A RADIUS OF 3,075.00 FEU THROUGH A CENTRAL ANGLE OF 02'22'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 03'40'45" WEST 127.77 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LOT LINE SOUTH 89'27'39" WEST 66.95 FEU; THENCE SOUTH 01'09'11" EAST 311.18 FEET,' THENCE SOUTH 01'16'19" EAST 68.84 FEET TO THE POINT OF BEGINNING. LINE TABLE NO. BEARING LENGTH L1 N.89'39'09''[ 14.46' CONTAINING 21,785 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. REVISED 1/15/03 *** NOT A SURVEY *** CURVE TABLE NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING 1 3005.00' 03'30'10" 183.11' 91.88' 183.68' N.03'01'16"W. 2 3015.00' 02"22'51" 121.18' 63.90' 127.11' N.03'40'4S"W. PREPARED BY: 7frr INC. r :t:J)r)/ /-/003 LANe!... T MJJ.KR" PIOFEjjJ9fJAL S, URVEYOR &- MAPPER FLORIDA REGISTRA'ftt1I1 LS 15621 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERTIFICA TE OF AUTHORIZA TlON I LB-43 PROJECT NO.: FOLIO NO. Jqf< ODDOOOS-Z EXHIBIT A .--.....L of~ LEGEND: ~ ~ ~ ~ ~ ~ ~ ~ Vb~~N~ASEMENT ~ PROPOSED R.o. W. EASEMENT R.o. W. = RIGHT OF WA Y P.o.B. = POINT OF BEGINNING P.o.c. = POINT OF COMMENCEMENT BEARINGS ARC BASCO ON NOIITH AJ./fRICAN DATUII (N.A.D) IW- 19110 AD.fJS7I11ENT STAIf PLANE COORO/NATE SYSIfIll (GRID) fOIl fLOIIIDA EAS7 lONE. 62081 I PARCEL NO. : 175 CLIENT: COLLIER COUNTY TRANSPORTA TION, ENGINEERING &: CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT " DEKKER ESTATES. PLAT BOOK 24, PAGES 40-41, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: I SHEET NUU6ER: ,I fiLE NO.: 04/2002 N5022-002-010- TDHWP 175 OF XXX I 2GG-203 Wil_Millei..'~~ f'MntwI ' ~ . ~,. . lUwya'" . ~ AreMec,. . TrllllpOrl.tictl CorlIlitlll" WJ/sonMil/er. Inc. NIp/II' ForlAqa. S1r1lllll . ~. T. :mJ_L.IIIt, &II 2tX) . NIl*. F/Dria 3o/flU$7. FtttItlI ~ . FIl 94/-H1-571f . ~ _*",*c:lrII Jul 15, 2003 ~ 09: 03: 49 EWESTVOLlx: \SUR\N6022\Sketch Of Descriptions\Submilted\2gg203s175.dwg ~n I t. I ~ ~ I ;:: i ;:: ),; ! ),; I ~ ~ I ~ ~ ~ ~ I ~ ~ I ~ <: 'i 'i I cg cg ::ti ::ti I ~ ~ I I),. ),. 'i~ 'i I : ~\.J I ~ I I ~ I 105.2 I I~ I -----1 I I I I 20 17 68.76' 21 16 S. 01 '16'19 "E. SANTA BARBARA BOULEVARD ~ ~ 1 1. 1 ~ ~ BLOAK 158 ~ ~ l' GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 117-123 105. 1 CJ ~ "tJ~ j;:<: --.<:) toA CJi=i1 ~ ~ , :J:.: l:J;::;::j ALr) ~ s:::: u,~ Co--. ~ ,CJ 1 BLOCK 157 ,.- 161 4 ~-r-- DEKKER ESTA TES I I L--==---- PLA T BOOK 24, PAGES 40-41 ~ ! I 0 25 50 100 200 P.D.B. GRAPHIC SCALE N. W. CORNfR OF LOT 1 : 2 GOLDEN GA TE ESTA TES UNIT 33, PLA T BOOK 7, PAGE 60 380.00' (PLA T) EXISTING 10' UTILITY EASEMENT EXISTING 30' ACCESS EASEMENT 1 PROPOSED 50' DRAINAGE EASEMENT 7,929 SQUARE FEET '" ~ ki 113 PROPOSED R.O.W EASEM[NT~ PROPOSED R.o. W. TAKE (SEE SHEET 175) EXISTING 53' EASEMENT FOR R.o. W PURPOSES (PER PLA T) GOLDEN GA TE UNI T 6, PLA T BOOK 5, PAGES 124-134 gs :;; ~ ~ ~ ~ ~ ~ ;l;.. ~ ~ 16 1 BLOCK 152 LEGAL DESCRIPTl9N ~' BEING THE NORTH 50 FEET OF LOT " 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 NOR TH LOT LINE SOU THERL Y 50. 05 FEET ALONG THE ARC OF A CIRCULAR CUR VE CONCA VE EAsTERL Y HA VING A RADIUS OF 3,060.00 FEET THROUGH A CENTRAL ANGLE OF 00'56'13" AND BEING SUBTENDED BY A CHORD .WHICH BEARS SOUTH 02'58'11" EAST 50.05 FEET,' THENCE SOUTH 89'27'39" WEST 159.74 FEET,' THENCE ALONG THE WEST LINE or SAID LOT NORTH 00'29'47" WEST 50.00 rEET TO THE POINT OF BEGINNING. CONTAINING 7,929 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. FOLIO NO. d1gODODDO~ ... NOT A SURVEY... Curve number 1 EXHIBIT A page-L. of..:L- R, P. OFf. AL SURVEYOR &- MAPPER FLORIDA REGISTRA LS #5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFICA TE OF AUTHORllA TlON # LB-4J Radius= 3060. 00 Delta= 00'56'13" Arc= 50.05 Tangent= 25.02 Chord= 50. 05 Chord Brg. S. 02'58'11 HE. LEGEND: ~ PROPOSED DRAINAGE EASEMENT R.o. W. = RIGHT OF WA Y BfARINCS ARf BASED ON NORTH AllER/CAN OA M/ (N.A.O) 1983-/990 AOJ.JSTl/fNT ST'" TC PLANE COOROINA TC SYSTCII (GRID) FOR FLORIDA fASIIONf. PROJECT NO.: 62081 PARCEL NO. ; 812 Wils;nMillei'.'~~ PIImen . ~ . Eco/OQiIl. . SlI1IeyOf'l . LiII1GIIet,oe ArchiJecll . Trll'llpOr/./ion ConIIiIonJ. WBsonMiIIer. Inc. ,.,.. . Fatl6wl . SIi'uoM . &Idolkwl . T""" :J2OO Bdty Lw, Ilb 200 . ,.,." FbilI34tJ5-I507 . !'halt 94I-64Hl<<! . Ftl ~571 . Wll'>-Sif _lIBmir.can CLIENT: COLUER COUNTY TRANSPORTA TlON, ENGlNmlNG II CONSTRUC77ON MANAGEMrNT DIVISION TITLE; SKrTCH AND DrSCRIPTlON BEING PART OF LOT I. DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUN TY, FLORIOA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.' 04/2002 N6022-002-010- TDHWP 812 OF XXX 2GG-20.J Jul 11. 2002 -- 10: 08: 22 JNAP.lERIX: \S,JR\N6022\Sketch Of Descriptions\Submitted\2gg203s812.dwg -L, .. ~ ~u_ ~rTT--- II ~ \:;;:_ I~ ~::;;;' -+1- --:-- mSnNG :;~:;RW E~~:;:T PER PLA'1 Eli ~ B 4 :: \:: ~ PLA T BOOK 24, PAGES 40-41 A ; A r- 105 I; : ; I ~ I \, ~ ~ I ~ 3 ~ ~ I Q I I ~ ~ I ~ FEE SIMf'...E TAKING ;:!2 1;:!2 '" ;; ~JOO $( 'UARE FEET I ~ I ~ I MACEL't)" RI.~ f- ......... 380.00' (PLA T) I c;J~~ ~~ V ~ ~ ~ ~ & x ~ ~~ GOL%~ 7~6~:SJA ;~~f~S JJ, ~~~ XXXXXXX X XXXXXXXXX I ..... ~ x x x x X X X ~~I\,)" --EXISTING 10' UTILITY EASEMENT r\J~, X XXXXXXXXX l".'t, ~ ~~~ XXXXXXY I ~ ~,,~)< X XV/xxxxx).'?x ~ < ~.:~~ > XX X 2'xYXXXY^X ,~ x xs;.xxxVx . I n ~~ X x x x ~ 105. 1 ~ ~~ x ~ ; ; ; ; x x x x'V ~ 113 I ~~ ~~V x x xxxx ~ X~~~~ ~ ~ ~ ~ x x ~ x ><x x x x ..~~ r-- EXISTING 30' ACCESS EASEMENT I I~ x X X XX X X X X ~~~'" x X?' Xv X xN>~ ~~' X>< .J<NJ<x!<x38000' (PLAT)XXX x x N ><x ~ 1- __ I -PROPOSED 50' DRAINAGE EASEMENT 105.2 I I 1 C) ~ ~~ :h.<: ~~ Cl::l::t,;: 8~ :;)i;;~1 Vi .'-J :-; A ~~ ~Vi rr'ic:: 111~ to"""-l l..J .- ~ --r---- j,~ ~ o 25 50 100 200 GRAPHIC SCALE 113.1 ~L DESCRIPTION ''1 BONG ALL OF LOT 2, DEKKER ESTA TES, PLA T BOOK 24, PAGES 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 CONTAINING 18,834 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. FOLIO NO. rJ'1 8'oootJC; /cxJ EXHIBIT A P8g8..2- of~ ... NOT A SURVEY... BfAR/NCS ARC IMSCO ON NORTH AMERICAN OA TUII (N.A,O) /9B.J-/990 AO.AJSTlI[NT STATE: PLANt COOROINATE SYSIfIl (GRID) FOR nORIDA EAST lONE. LEGEND: ~ ~ ~ ~ ~ ~ \~ ~~fff~ ~1~~:~~/ ~ PROPOSED ACQUISITION R.o. W. = RIGHT OF WA Y R, P OFf I4L SURVEYOR &: MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CmFIFICA TE OF AUTHORIZA TlON 1 LB-43 PROJECT NO.: 62081 PAACEL NO. : 81J WilstJnMillel--~~'~ .. PtIMOf'l . ~ . EcoIorPII . &n.ycn . LIIldecIlpe ArcNtecll . TrllllpOrlaliotl Condlllll. Wi/sonMil/er, InC. /IIP8I . faj lI)w1 . SsrIIOtI . Ihdr.ton . T. .l2OO /lUsy LI/II, IU8 200 . NIpeI. Ftltida 34fH507.1'PtGre ~'. Fu ~ . WtO-Ile _..........._ CLIENT: COLUCR COUNTY TRANSPORTA nON. ENGINEERING It CONSTRucnON MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPnON BEING PART OF LOT 2, DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUNTY, FLORIDA OATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 04/2002 N6022-002-010- TDHWP 813 OF xxx 2GG-203 Jul 11, 2002 - ',0: 08: 44 JNAPIERlx: \,SUR\,N6022\,Sketcr Of Descriptions\'Sublflltted\'2gg205sBI.,.dwg 105 C) ~ ~~ )".<:: """'--Ie) c:o~ C);:;:j ~ to ."-..J :-t A ~~ C)V) ~~ U1~ ~"'-i I J80. 00' (PLA T) ~~~~~~~~~'" ,~~~~~~~~ ~~~ ~'~ ""~ ~ i"X, Ex.fS~N~ JO~ ~ O"w." E~SfMf~T f.E!! r:L~ T" ."'~ IX Xy X' X X V ~Y.x x X X X Xx'X.x 0/ ~>y y XXxxyyy XXXX yy ~ ~ ~~ y X X X X x y Y X X X ~ y y< ~ ~XYIYY XXxxxyy XX ~ " yxy Y Y x x x x X X X ~ X ~i'- ~ ~"'~V X x'<0NXX x X X X x XX I'.~ ~ C"'~>:? 'x X~ X X X X' I'. ~ c::..",,,,,->: >: 'x X' X X 3'<.)< X X X X X' I'" c::.. ,....., ~"'''''-I>:>:X 'x 'Xxx <XXXX'x xX' X0~ ~J ~~"'I>:>: 'Xx0 < Xx . l".~ .- .;::! '" '" x 'x X X X' X X X X Xx I'..;::! ~~ ~~vX ~ 'X ~~ :X~X~X~ ~~~ t"-t ~VX>: x X' X X X X X X RVX>: x >: x xVx X l"'-. ",," pQ< ~ ~ X ~ x X' X' -{xvV XV< .;x", ~~ y xxxxxxxxY xx "" II FEE SIMPLE TAKING I I 98,(U(J SQUARE FEET \--1 AUaLNO~ I I I I I I I 1 I I I I I ~ I I i I I ~ ~ I ~ I ~. I ~ ~ ~ I ~ ~ ~ ~ II ~ ~ I I <!: <!: 105. 1 .... .... I ~ ~ I ~ ~ I ~ I ~ I ~ \...1 --+- I 105.2 I I ~ .- I I I I j I i--- EXISTING JO' ACCESS EASEMENT I I! , ---~-r-~IPROPOS[D 50' ORAINAGE EAS[M[N' I I I, , 380.00' (PLA T) 1 1 6~~. ~ o 25 50 100 200 GRAPHIC SCALE 19 c:: :t r- ~ n; ~ ~ :::! ~ 2 113.1 GOLDEN GA TE ESTA TES UNIT JJ, PLA T BOOK 7, PAGE 60 -- EXISTING 10' UTILITY EASEMENT 113 ~L DESCRIPTION BDNG ALL OF LOT J, DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUNTY, FLORIDA. - 'J DEKKER ESTA TES PLA T BOOK 24, PAGES 40-41 1 CONTAIN/NG 98,040 S~UARE FEET MORE OR LESS, SUBJECT TO THE EXISTINfj DRAINAGE/ACCESS/RIGHT OF WA Y EASEMENTS PER PLA T AND OFFICIAL RECORDS CONTAINING 28,044 SOUARE'TEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. FOLIO NO. )'12 6??oo IS-S- EXHIBIT A Page~of~ ... NOT A SURVEY... LANe FLORIDA REG/STRA NOT VALID UNLESS SIGNED 8'( TlfE SURVEYOR AND SEALED WITH THE SURVEYOR'S EM80SSED SEAL. CERFIFlCA TE OF AUTHORIZA TlON # L8-43 MARlNCS ARC BASCO ON NOR1/{ AMCRICAN DATUM (N.A.D) r98J-r990 ADJUSTMCNT STArt PlANC COOI101NATr SYSTrM (GRIO) FOR nORIOA EAST ZONC, PROJECT NO.: 62081 PARCEL NO. : 81. WilstJnMillerm -R~'LC~ " PfaMen . ErQineen . EcoIcgieIl . &rveyon . LlIIIdoctpO ArcMects . TrI1IIIpOrlallctl Cont<Jtanfl WilBonMiHer. Inc. NIp/II . Fat ~ . SwvoII . IhdetIIrln . T. 3200 My LIIll\ ab 200 . NtpIec 1btlI34rlH507 . Ftone ~ . I'll ~ . Web-8It _lIimnIr._ LEGEND: I ~ ~ ~ ~ ~ ~ EXISTING DRAINAGE/ ...... R.o. W./ACCESS EASEMENTS ~ PROPOSED ACQUISITION R.O. W. = RIGHT OF WA Y CLIENT: COLUER COUNTY TRANSPORTA l1ON. e4G1NEERING It CONSTRUCllON MANAGEMENT DIVISION TITLE: SKCTCH AND DCSCRIP710N BEING PART OF LOT 3. DEKKER ESTA TES. PLA T BOOK 24, PACES 40-41, COLLIER COUN TY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: fiLE NO.: 04/2002 N6022-002-01O- TDHWP 814 OF XXX 2GG-203 Ju' 11. 2002 - 10: 09: 01 ,NAPIERlx: \SUR\N6022\Sketch Of Oescriplions\Submitled\2gg203s814.dwg ,I h ~ ~: Lt.: 111 ~ i .:~ II J;I~ r J! 11 J). ./ "AU r 'ii',' ~ ~ 0 ~ i j . ~ ~I ,JI, -II 111 ~ II '(J " IN i ,II ... II' III 'i ii-I ~ir ~f)~TJ I ~~L; : I~ ,.~ ,:/ ~'~/+S ,I~~ J_~I ~ J,' .~. r".,~~ll l~ I I I ~' I 1<": < . :[:':1 .,,~ 1\ Ir'~ -1' lV~1 - r, I.., fil,'\) i I.,i.~ .,: ,:.! i' "-~~Ie ~. " I \ rr II "II 0 ,II l:, ' 'l..J ' i' I : II 7t~ ( \ ~ ~ III ;...itt- ' /I r --' I I I l - ...., ~ .-------7S I-Mil' II <","It I. ,. i i i! II i I jh ~ r all I If' In I, ~ II ' 1 II' I ' 1 ! I I : I I III i I ! II ~ '" J~ tJ... \ I~ II: II 1L ~~ \(l c:' I I I I II 'I' - I,i - " ~ ' . ~~. i 41 ., " . 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'1..' ~I~~~~ ~ ~~ i II I~ , ~ n ~ ~ ii" ,10 I ~ II I ~..I 1'1 ~:~ .. lirlr .....~. II WI~ . ... ~ ! ih .. II II: ~ / I ... I ii' ,Ii. lt1 , . Ib~';- <:> I: I I: , I I' illl I I I' i".lI! .... ~~I~ I I ,;j 1 U ~ ' I I . I , , I I I i 1\ I I i ./ .1 iil " I 1 : ,/ : I! I I II .. I If! I: I . ~ II ',If ......~ r I' I ~H/' '7 1 'I ~ I I' J'09 I, I: ~. .1 .... ,i i Il : I , r 1 I If il.. : ikil 'U' Ii 11',1. 11111 I , 11 II ' I! ! I' 1 , I ,I I i 1:..1..1. . 'I : , r I , i' '/ I, " ,I il I / I I Ii 'I I !: i I I ttJ- t' 'II ~I Il..! I "II tl 'll , .. Is , r c -.- :I~II ~:il I..; I Iii 0;1 I'" I ~ I II I..... i ,I 'ill I I II I I' f I~ , Il N. :lolo ~ I[ n ~ ~ . EXHIBIT ~ page....2- of..dL- "I ,,," i c. 6O-nO!lN-8 'ON 3l1:J Ifl I- i1:J~ r- ei ~ Cl LB.~r ~;: I~~i ~ .... li;i ~ ~~I II .. I.. I.. ~ ~~ ~.... .., ..... .. lt1 ~ <:5 ~ ~ i . ~ : I~ i k; I ej~ ~~o I.... ~ .;; u~ .... ... s;~!""~~ , .!! IlIiii ..'\' , ~~ 'B~~H .. ~ ~ oj] ~~ ~ ail[ ... "~ N~ ... ~jj~" 81 ~~ ..... . .. ~ , . I I I I r . I Its , R '? ; jlQ '\J~ I:! h- i!, ~ ; ~ -It ,~~~ '~I '''- "'C> I ~I ; I.. 0: r .. '~ ~ , I -~ ~ I r II ;J lt1 <:> ~ ~ ~ 16 8 8 ~' MEMORANDUM Date: June 10, 2004 To: Kelsey Ward, Purchasing Agent Purchasing Department Administrative Services Division From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract #04-3587; Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84 American Consulting Engineers of Florida, LLC, Contractor Enclosed please find three (3) originals of the contract for the document referenced above, Agenda Item #16B8, approved by the Board of County Commissioners on May 25, 2004, One original of the document has been kept for our records and one has been forwarded to the Finance Department. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosures ITEM NO.: t(Q)flf FILENO.: tJ~-!!RC tJOOb~ ROUTED TO: DATE RECEIVED: 16B 8 Date: DO NOT WRITE ABOVE THIS LINE ~~~ "\ ~\ REQUEST FOR LEGAL SER ICE~ J.",....e () j \ ~ ILL- . <; J ~ \ :z fl:A-:~ J \ cri M:-f11-: l:. ~ \ x- \. IO!1) t1 j:x . ,,'I; I 6, 7~ /'.~ r Y7" ~",.,/ C'O (' ~~ t~\..." (,;..-(... J 1'-- Kelsey Ward, Senior Purchasing & Contracts Agen " hu(\;:; \ ........." \ '~/' June 4, 2004 To: ty~1 Office of the County Attorney Attention: Scott Teach From: Purchasing Department, Extension 8949 Administrative Services Division Re: Contract No. 04-3587; "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84" American Consulting Engineers of Florida, LLC BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 25, 2004; Agenda Item 16(B)(8). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: AI Ruth; TECMD \. J C.(, ,- -- z~+--.' =<! C:~ fT' .:t>(- '--! '--' --1 j-~ o ::o~ 2,";' IT; . -< 16 B 8 '~~ MEMORANDUM TO: Sheree Mediavilla Risk Management Department D(l ~1~~lrr FROM: '.. "\.' ) /-.... fu..... J '" Kelsey Ward, Senior Purchasing & Contracts Agent Purchasing Department DATE: June 4, 2004 RE: Review of Insurance for Contract No. 04-3587; "Engineering and Design Services for Roadway and Capacity Improvements to Capacity Improvements to County Barn Road from CR864 to SR84" American Consulting Engineers of Florida, LLC; Contractor This Contract was approved by the BCC on May 25, 2004; Agenda Item 16(B)(8). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. OATE RECE I VtD " JUH - 4 ZU04 RISK MNWiEt'\E.NT C: A. Ruth, TECM 16 B 8 " Contract 04-3587 "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84" PROFESSIONAL SERVICES AGREEMENT )LtL THIS AGREEMENT is made and entered into this(~" day of 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and American Consulting Engineers of Florida, LLC, authorized to do business in the State of Florida, whose business address is 4111 Land O'Lakes Blvd. Suite 210, Land 0' Lakes, FL 34639, (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Engineering and Design services of the CONSULTANT concerning "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84" hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. 16 B 8 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Engineering and Design services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as 2 16 D 8 the CONSULTANT's project manager (hereinafter referred to as the "Proje~ ." Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State 3 of Florida, as well as in accordance with all published laws, statutes, ordinance;J. '11 8 rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 4 168 8 Services resulting from significant changes in the general scope, extent or 2.2. character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for 5 assistance in consultations which are included as part of the Basic serv!~ tIte 8 provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 6 (b) Provide all criteria and information requested by CONSJ.L ~~ as ~ ' OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, 7 1 t-.DG , epidemics, quarantine regulations, strikes or lock-outs, then CONSUL T ANT s~Wnllfy 0~,; OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 8 16a 8 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule 8, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement 9 and during the five (5) year period noted above; provided, however, such aJi~sBI 8 I!it be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 10 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 1 / B 8'~ .. ~ 'i~ .. -...,,rI . 1 0.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided 11 hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a le~rlJ 8 assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retain age withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER a~~g~1 8 papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. "<~ 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to 13 inaccurate, incomplete, or non-current wage rates and other factual unit costJ 9 Bh 8 ~~ adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 14 161:1 o\C 16.2. All notices required or made pursuant to this Agreement to be given Lr!y th'J OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: American Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, FL 34639 Attn: Ryan Forrestal, PE Fax: 813-996-1908 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 15 168 8 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained In this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. .-. 17.6. This Agreement, initially consisting of 80 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84" the day and year first written above. 16 ATTEST: Dwight E. Brock, Clerk Assistant COCJnt)6-~r~ey .h1{;L ~/ Witness Typed Name and Title SLorr M- Ko(2Pl. Pc 9<Z_l ,.j U P Ai-- ~~/,lJa Witne Typed Name and Title p!'\ l~':: C - 'f'(.?c\U Th 01 ~<..:tlJ(L of AtJ('Urll~TYZA"":~ 1.68 8 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Commis ~~ American Consultina Enaineers of Florida, LLC By: 7 IC~ 'A: " ~o"<4-~T6- ,PE P,z.\ ,.j u. CJf.K- Typed Name and Title (CORPORATE SEAL) ~C"-UI':" II a N Item # ~-~:8. [ Agenda "'. ~ ~ / I ~ Date v 0\ ~ -0..,' --- I Date 6 8 ,/, i Rec'd ~-~..., J ~ ;J J ~, --~_.J 17 SCHEDULE A SCOPE OF SERVICES 1.6 B 8 11 HIGHWAY DESIGN COUNTY BARN ROAD (RATTLESNAKE HAMMOCK ROAD TO DA VIS BOULEVARD) SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES HIGHWAY DESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and American Consulting Engineers of Florida, LLC (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ill: 60101 Description: Construction of a roadway, utility, and drainage improvement project. The project improves County Barn Road from Rattlesnake Hammock Road to Davis Boulevard (SR 84). PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: Construction of a divided, multi-lane roadway. 18 The general objective is for the CONSULTANT to prepare a set of plans and specifica160 Buse8y a contractor to build the project, and by the COUNTY to ensure that the project is constructed as designed and to the specifications. Elements of work shall include updating roadway plans, intersection detail plans, drainage plans, signing and pavement marking plans, utility relocation plans, cost estimates, environmental permits, quantity computation books, and all necessary incidental items for to complete the project. Scope of Services establishes which items of work described in the FDOT Plan Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FDOT) Manuals and guidelines and as directed by the COUNTY. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FDOT procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: Roadway Plan Type: PlanIProfile sheets. Update 100% plan set to meet current FDOT Green Book standards for horizontal and vertical geometric design. Typical Section: Design will provide for a divided urban roadway, including sidewalks on both sides, bike lanes where feasible, and drainage/canal easements as necessary. Cross Sections: Generate new cross sections based on the new survey being provided by the COUNTY. 19 Limits: County Barn Road, from north of the intersection with Rattlesnake Hammock Road to teGtesction with Davis Boulevard (SR 84), a distance of approximately 2.04 miles. 8 Major Intersections: There is one intersection detailed in the Intersection Details Sheets; the intersection is County Barn Road with and Davis Boulevard. The proposed spot elevations on the intersection plans will be checked to ensure agreement with the revised roadway vertical geometry. Drainage The drainage configuration designed by the previous consultant will be reviewed for technical adequacy and modified as necessary to meet agency requirements and to reflect the revised roadway vertical geometry. Scoped Drainage work will include: 1) Review and modify (as necessary) the previous drainage design and prepare construction plans for the County Barn Road drainage system. 2) Design off-site pond. 3) Prepare and submit permit applications. The storm water system will be designed to meet the permitting requirements of all permitting agencies. Storm water system design will consider best management practices, open, closed, ditches, ponds, exfiltration, etc. or a combination thereof, within the existing right of way. Utility Coordination The CONSUL,T ANT will: I ) Coordinate with all utility owners on this Project to ensure that any changes by these companies is identified and included in the plans. 2)Identify needs to relocate, modify and/or leave in place. 20 Design of the necessary modifications and relocations of Collier County and City of Naples utill0wBas v8:r, . sanitary sewer, storm sewer, reclaimed water, etc will be considered an Optional Service. The exact scope of work and fee will be determined once the level of work is known. Permits The CONSULTANT will: 1) Identify all needed permits. 2) Obtain COUNTY approval on decisions regarding, or modifications to, permits. 3) The CONSULTANT will include LASIP parameters if they can reasonably be included into the design of this roadway improvement project. The COUNTY and CONSULTANT will determine what is considered reasonable for inclusion into the design. 4) Obtain COUNTY review prior to submittal of applications and designs to the permitting agency. 5) The CONSULTANT will be responsible for ensunng that all required environmental assessments and surveys are performed. These assessments include, but are not limited to, Listed Species, Archaeological Resources, and Jurisdictional Wetland surveys. 6) Obtain all necessary permits including, but not limited to: Environmental Resource Permit from the South Florida Water Management District and the Army Corps of Engineers; and National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. 7) Permit fees will be paid by the COUNTY. A COUNTY representative will be present at all meetings with regulatory agencies. Structures The CONSULTANT will analyze and design structures as follows: Miscellaneous: In order to provide for the turning movements at intersections, it may be necessary to extend existing box culverts on side roads. Other miscellaneous structure services could include, but not 21 limited to, culvert extensions, foundations, mast arms, lighting, and barrier walls as t6mad dgg .. , design. Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. The need, number and locations of signs and signing and pavement markings shall be determined during the design process. This scope of services does not include the design of cantilever and/or overhead sign structures. Maintenance of Traffic (MOT) The CONSULTANT will prepare a schematic MOT plan that will assist the project's construction contractor in the preparation of their bid and subsequent preparation of a detailed MOT plan. The CONSULTANT's schematic MOT plan shall specify: minimum standards, acceptable lane closure restrictions, access considerations, phasing, time and duration considerations. The schematic MOT plans shall meet the requirements of FDOT Levell plans. Detailed MOT plans for each phase of construction are not required. Signals & Lighting Intersections: There are signalized intersections at Rattlesnake Hammock Road and Davis Boulevard. Strain pole systems will be replaced with mast arm systems at Davis Boulevard. Modification of the Rattlesnake Hammock Road signal is not included in the scope of work. Lighting: Street lighting is to be provided along County Barn Road. Landscape Architecture Planting Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The CONSULTANT shall provide design of sidewalks to provide connection, where feasible, throughout the project. 22 Survey 168 8 ". It is assumed that the baseline topographical survey for the project will be provided by the COUNTY. The COUNTY shall provide this to the CONSULTANT as a three-dimensional model in AutoCad format. The CONSULTANT will hire a licensed professional land surveyor for additional survey needs at the pond site. In addition, the CONSULTANT shall obtain other miscellaneous survey deemed necessary and this additional miscellaneous work will not exceed 10 crew-days. The CONSULTANT shall also obtain survey for project property line staking, and this work shall not exceed 10 crew-days. Right of Way It is assumed that some additional Right-of-Way will be required for the construction of a northbound right turn lane at Davis Boulevard and the new drainage pond. Drainage easements may be required for the conveyance of roadway/off site runoff. Geotechnical The COUNTY will supply the original project geotechnical data to the CONSULTANT. The CONSULTANT will hire a geotechnical firm to provide borings and laboratory testing of soils in accordance with FDOT guidelines for noise walls, the pond location and for the signal work at Davis Boulevard. Additional geotechnical data is not required for the roadway construction. Phased Construction One set of bid documents and construction plans will be prepared by the CONSULTANT. At the discretion of the COUNTY, the project may be bid and/or constructed in multiple phases. Should the COUNTY require that the project be bid and/or constructed in more than one phase, the CONSULTANT will negotiate with the COUNTY any additional fees required to perform any additional work associated with the proposed phased construction. Specifications Package The CONSULTANT will prepare the specifications package in accordance with FDOT and COUNTY procedures. The COUNTY will provide completed "front end" specification sections. Project Schedule 23 The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY al e~L T~jrT - activities required to meet the completion date for design. The schedule shall indicate completion dates for 60%, 90% and 100%, and Final submittals. The schedule shall allow two weeks for the COUNTY's review of the 100% plans and three weeks for the review of the 60% and 90% plans. Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of design plans for distribution, including two sets each for the City of Naples, as follows: 1) 60% 8 sets 2) 90% 10 sets 3) 100% 10 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall be 11" x 17". All electronic (digital) files of final plans and specifications will be submitted to the COUNTY on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional AutoCad (.dwg) software format, and also plotted or scanned to an Adobe Acrobat (.pdt) format. Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, and guidelines. Services to be Performed by the COUNTY The COUNTY will provide those services and materials as set forth below: 1) Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate signatures on application forms. 24 2) Provide the appropriate letters of authorization designating the CONSULTANT 16 allt oS the COUNTY. 3) The COUNTY will provide design traffic for the corridor and the County Barn Road / Davis Boulevard intersection to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations. 4) Provide reviews of roadway plans during the various stages of plan development. 5) All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work. 6) Provide a baseline three-dimensional topographic survey of the project area for CONSULTANT's use in project plan development. 7) Project data currently on file including existing geotechnical data, noise study, drainage study, plans, electronic files, and environmental study. 8) County standards and review services. 9) All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. 10) All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way. 11) Existing right-of-way maps. 12) Property values for parcels designated by the CONSULTANT for potential acquisition. 13) Completed front-end construction document sections required for bidding and construction. 14) Provide video detector specifications and details. Supplemental Consideration The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited. Specifically, engineering inspection would require designating a qualified person(s) to oversee construction activities, document construction activities and progress, and communicate directly with COUNTY staff. Project General Tasks Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding 25 the development of the project. Property owners adjacent to project shall be kept irl6d Bout 8 project. Three public meetings will be held on this project, one after the 60% and 90% design phases, with the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSUL T ANT shall anticipate participation in two additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. Coordination Meetings Prior to printing of the review plans at each of the 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The CONSULTANT will provide COUNTY Staffwith review "draft" copies of the plans drawings two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The CONSULTANT will present the project to COUNTY Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed, and to provide a coordinated effort at the public presentations. Joint Project Agreements This scope of work does not include preparation of Joint Project Agreements. Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be based on the 2004 edition of FDOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front- end contract document sections. The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed 26 documents shall be coordinated with the COUNTY, prior to inclusion in the final projel €,ciBati0l8 package. ~ .., Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 90% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: 1.) The printed specifications package (one side only and properly numbered). 2.) A copy of the final project plans. The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc. Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress reView, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 3.7 Post Design Services CONSULTANT shall provide post design services to include attendance at a Pre-Bid meeting and at a Pre- Construction meeting, shop drawing reviews, and responses to requests for information (RFI' s). As optional services and at the written direction from the COUNTY, CONSULTANT shall conduct up to 6 site visits and perform design modifications to the plans and permits. 27 16 B 8 PROJECT COMMON TASKS These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 21. Project Research: The COUNTY shall provide any the existing research from the previous Consultant of existing PUD and DR! documents for developments adjacent to the project for commitments regarding Right of Way, Storm water Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. The CONSULTANT will review that research records for any changes. All existing PUD and DR! documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the 60% Plans. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at a milestone of the project. A Summary of Pay Items sheet shall be prepared with the 60%, 90%, and 100% plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-l/2"xll" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. 28 Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between lcpBs as subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. ... Quality Assurance/Ouality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design review consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of comments on a point by point basis will be required with each review stage submittal. The responsible Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted. The CONSULTANT shall through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Requests for Information (RFl's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction of the COUNTY without additional compensation to the CONSULTANT from the COUNTY. 29 Independent Peer Review: Independent Peer Reviews are not required. 16 B 8 Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. ROADWAY ANAL YSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. Typical Section Package The typical sections provided in the existing plans will be used as a guide for the new Typical Section Sheets, with the new addition of bike lanes, if possible. Pavement Design Package The COUNTY shall provide the standard pavement section(s) to be utilized for the improvements. Access Management The CONSULTANT shall review adopted COUNTY access management standards and the existing access conditions. Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the 60% plans submittal. Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometries using the FDOT Green Book design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and scope of work. 30 The horizontal and vertical geometrics provided in the existing 1 00% constructi01.p~s Ball to utilized to the greatest extent possible. The profile shall be modified to provide a minimum graqe 'i .. 0.300% if possible. 4.4.a Intersection Analysis The CONSULTANT shall perform an analysis of the County Barn Road and Davis Boulevard intersection to determine the appropriate number of approach lanes and turn lane lengths on each approach to the intersection. The COUNTY will provide Cross Section Design Piles The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. Traffic Control Analysis The Traffic Control Analysis shall be performed by the Contractor and approved by the COUNTY. The plans prepared by the Contractor shall be signed and stamped by Professional Engineer in the State of Florida and Certified in Preparation of Maintenance of Traffic plans. Master TCP Design Files - Not applicable Design Variations and Exceptions - Not applicable Design Documentation The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8-1/2 "x 11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1/2"xII" size. The data shall be in a hardback folder for submittal to the COUNTY. 31 Computation Book and Quantities 16 8 8 ~ The CONSULTANT shall prepare the computation book and various summary of quantities sheets. This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required. Cost Estimate Technieal Special Provisions 4.I2.a Noise Study - Final Recommendations COUNTY has completed a noise study for the project. Changes in the study are not required by CONSUL T ANT. CONSULTANT shall work with the COUNTY in determining final wall locations and heights. Field Reviews Technieal Meetings Quality Assurance/Quality Control Independent Peer Review Supervision Coordination ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: Key Sheet Summary of Pay Items Including Quantity Input Drainage Maps 32 Interchange Drainage Map Not applicable 16 B 8 j';o Typieal Section Sheets General Notes/Pay Item Notes Summary of Quantities Box Culvert Detail Sheet BHRS Not applicable Summary of Drainage Structures Optional Pipe / Culvert Material Not applicable Project Layout Plan/Profile Sheet Plan/Profile sheets shall be used for improvements of County Barn Road. Profile Sheet Not applicable Plan Sheet Not applicable Special Profile Not applicable. Back of Sidewalk Profile Sheet Not applicable Interchange Layout Sheet Not applicable Ramp Terminal Details (Plan View) Not applicable Intersection Layout Details for Davis Boulevard Miscellaneous Detail Sheets Drainage Structure Sheet Miscellaneous Drainage Detail Sheets 33 Lateral Ditch Plan/Profile Not applicable 16 B 8 .~ Lateral Ditch Cross Sections Not applicable Retention/Detention Ponds Detail Sheets Retention Pond Cross Sections Cross-Section Pattern Sheet Not applicable Roadway Soil Survey Sheet Cross Sections Traffic Control Plan Sheets Typical section and phase notes only 5.32 Traffic Control Cross Section Sheets Not applicable 5.33 Traffic Control Detail Sheets Not applicable 5.34 Utility Adjustment Sheets 5.34.a Evaluate Existing 100% Utility Relocation Plans 100% Utility Relocation Plans were prepared for County Barn Road by URS, dated June 2003. The CONSULTANT shall evaluate the 100% plans for constructibility and plan completeness. This scope of work does not include performing network analysis or modeling. It is assumed the utility pipe sizes shown in the Plans are correct and have been approved by the COUNTY. Review effort includes a field review and two meetings with COUNTY staff to review and verify plan intent. " 5.34.b Reissue Utility Relocation Plans Utility Relocation Plans shall be updated by the CONSULTANT based on the constructibility conducted in Task 5.34.a. Updated Utility Relocation Plans shall be submitted with the 60%, 90%, and Final Plan submittals. This task includes minor plan revisions to conform with the roadway plans such as adjusting valve locations, eliminating conflicts with drainage structures, and new serviee connections. Adjustments in the horizontal and vertieal alignment of a utility are a major modification that is covered under Task 5.34.c. It is assumed the electronic CADD files prepared by URS are usable with minor format modifications required. 5.34.c Modify Utility Relocation Plans (OPTIONAL SERVICE) The CONSULTANT shall perform major updates to the Utility Relocation Plans that could include adjustments to horizontal or vertieal alignments, pipe sizes and materials. Work under this task shall be performed only under written direction from the COUNTY. The specific scope and fee are to be determined at a later date. 34 5.35 Selective Clearing and Grubbing Not applicable 16B 8 ~ 5.36 Erosion Control Plan 5.37 Storm Water Pollution Prevention Plan (SWPPP) 5.38 Project Control Network Sheet Not applicable 5.39 Interim Standards 5.40 Utility Verification Sheet (SUE Data) 5.41 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT's Drainage Manual. Coordinate fully with the appropriate permitting agencies, City of Naples, and the COUNTY's staff. The work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above mentioned surface waters. 6.2 Pond Site Analysis Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FDOT Drainage Manual provides specific documentation requirements. Up to two pond sites will be considered. 6.3 Design of Cross Drains 35 '{ Existing cross drains will be replaced with new conduits consistent with the recornrnendation~oQ,adya ~ CONSULTANT'S review findings, and as directed by the COUNTY. . 6.4 Design of Roadway Ditches and Canals Design roadway conveyance ditches and canals, including the modifications of existing facilities. This includes determining ditch and canal cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls that may be required for the widened roadway. 6.6 Design of Stormwater Management Facility (Offsite Ponds or Alternative Methods) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. Design alternative stormwater facilities to avoid pond sites and the acquisition of additional right of way. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area The current FEMA mapping shows that the project is not in a designated IOO-yr flood zone. No further work or agency coordination is required for this project. 6.9 Design of Storm Drains Develop a "working drainage map, It determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Not applicable. 36 6.11 French Drain Systems Not applicable 16 B ...) 6.12 Drainage Wells Not applicable 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 6.14 Prepare Bridge Hydraulic Report Not applicable 6.15 Temporary Drainage Analysis Not applicable 6.16 Cost Estimate 6.17 Technieal Special Provisions Not applicable 6.18 Field Reviews 6 .19 Technical Meetings 6.20 Quality Assurance/Quality Control 6.21 Independent Peer Review 6.22 Supervision 6.23 Coordination 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. The CONSULTANT shall certify all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kiekoff Meeting CONSUL T ANT shall bring a copy of the design project work schedule reflecting utility activities. 37 7.2 Identify Existing UAO(s) 168 8 Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 IndividualIField Meetings Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions: Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. 7.4 Not used. 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify partieipants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 IndividuallField Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 38 7.7 Collect and Review Plans and Data from UAO(s) 16 B 8 Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Not used 7.9 Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY. The CONSULTANT shall schedule (time and place), notify partieipants, and conduct a Utility meeting with all affected UAO(s). The CONS UL T ANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with partieular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups, Work Schedules, Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s). Coordinate programming of funds. 7.11 Utility Coordination/F ollow-up This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. 39 7.13 Additional Utility Services Not applicable 168 8 7.14 Not used 7.15 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification/C lose-Out The CONSULTANT shall certify to the appropriate COUNTY representative one of the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator' and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies, including U.S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission and Florida Natural Areas Inventory to assure that design efforts are properly directed toward permit requirements. Research to be conducted includes: a. Verification of work previously done on Project by COUNTY. b. Research on local listed species in proximity of project. c. Contact with SHPO regarding potential archaeologieal and historieal sites in proximity to project. d. Technical assistance with FWS to determine scope of listed speCIes monitoring. 8.2 Complete Permit Involvement Form 40 16 B 8 The CONSULTANT shall document permit involvement in a technical memorandum to the COUNTY Project Manager. This task is to be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for obtaining agency verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications I) The CONSULTANT shall prepare permit packages as identified in the Project Description section. 2) The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. 3) The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 4) Task includes responding to two Requests for Additional Information from each reVIew agency. 8.6 Prepare Dredge and Fill Sketches The CONSULTANT shall be responsible for creating and submitting all applicable dredge and fill sketches as required by the U.S.Army Corps of Engineers. 8.7 Prepare USCG Permit Sketches Not applicable 8.8 Prepare Easement Sketches The CONSULTANT shall be responsible for creating all applicable conservation easement sketches as may be required by the Environmental Resource Permit. For purposes of preparing a fee proposal, it is assumed one easement sketch will be required. 8.9 Prepare Right-of-Way Occupancy Sketches Not applicable 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches Not applicable 41 8.11 Prepare Tree Permit Information Not applicable. If required, the Contractor will be rrSSirJ for securing the permit. 8 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. For purposes of preparing a fee proposal, it is assumed mitigation will be provided in the drainage pond. It is further assumed a mitigation bank will be utilized for any additional mitigation required for the project beyond that provided in the pond site. 8.13 Mitigation Design (OPTIONAL SERVICE) Upon written direction from the COUNTY, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. Mitigation will be provided within the drainage pond. 8.14 Environmental Clearances The CONSULTANT shall prepare clearances for all roadway right of way acquisition, pond and/or mitigation sites identified. Archaeological and Historical Features: The CONSULTANT shall coordinate clearance from the state historie preservation officer. It is assumed no archaeological or historical features will be impacted by the project. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. Threatened and Endangered Species Analysis: The CONSULTANT shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Phase One Environmental Audit! Assessment: The CONSULTANT shall conduct a Phase One Environmental Audit! Assessment as required on the pond site. Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stormwater Pollution Prevention Plan and obtain the FDEP and EP A NPDES Permits. 8.15 Technical Meetings 8.16 Quality Assurance/Quality Control 8.17 Supervision 8.18 Coordination 42 9 Structures - Summary and MISCELLANEOUS tasks AND DRAWINGS 16 B 8 Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8W'xII" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans Not applicable 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9 .11 Technical Meetings 43 9.12 Quality Assurance/Quality Control 16 B 8 9.13 Independent Peer Review 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT - NOT APPLICABLE 11 Structurs - Temporary bridge - NOT APPLICABLE 12 structures - short span concrete bridge - NOT APPLICABLE 13 structures - median span concrete bridge - NOT APPLICABLE 14 structures - structural steel bridge - NOT APPLICABLE 15 structures - segmental concrete bridge - NOT APPLICABLE 16 Structures - movable span - NOT APPLICABLE 17 Structures - Retaining Wall 17.1 Key Sheets 17.2 Horizontal Wall Geometry 17.3 to 17.10 Not used 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List 18 Structures - Miscellaneous CONCRETE Box CULVERTS 44 18.1 Concrete Box Culverts Not applicable 168 8 18.2 Concrete Box Culverts Extensions Not applicable 18.3 Not used 18.4 Not used MAST ARMS 18.5 Mast Arms OVERHEAD/CANTILEVER SIGN STRUCTURES 18.6 - 18.10 Not used HIGH MAST LIGHT FOUNDATIONS 18.11 High Mast Lighting Structures Not applicable SOUND BARRIER WALLS (GROUND MOUNT - NOISE WALLS) 18.12 Horizontal Wall Geometry 18.13 Vertical Wall Geometry 18.14 Semi-Standard Drawings 18.15 Control Drawings 18.16 Design for Wall Height Covered by Standards 18.17 Design for Wall Height not Covered by Standards Not applicable 18.18 Aesthetic Details Not applicable 18.19 Special Structures Not applicable 19 SIGNING AND PAVEMENT MARKING Analysis The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis Perform queue analysis. The COUNTY will provide the design traffic data. 45 19.2 No Passing Zone Study Not applicable ~6 B 8 ~ 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT's Multi-Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations Not Applicable. 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19 .11 Field Reviews 19.12 Technical Meetings 19.13 Quality Assurance/Quality Control 19.14 Independent Peer Review 19 .15 Supervision 19.16 Coordination 46 20 Signing and Pavement Marking Plans 16 B 8 The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: 20.1 Key Sheet 20.2 Summary of Pay Items Including CES Input 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site Not applicable 20.10 Cross Sections 20.1] Special Service Point Details 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.] 5 Supervision 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of County Barn Road and Davis Boulevard (SR 84) for modifications needed to 47 accommodate the divided four-lane configuration in accordance with all applicable manuals, gul.sB 8 standards, handbooks, procedures, and current design memorandums. _ Signals shall utilize video detection in lieu of loop detectors. COUNTY will provide details and specifications. 21.1 Traffic Data Collection The CONSULTANT shall collect data. 21.2 Traffic Data Analysis The CONSULTANT shall review data provided by COUNTY. 21.3 Signal Warrant Study Not applicable 21.4 Systems Timings The CONSULTANT shall determine proper coordination timing. 21.5 Reference and Master Signalization Design File 21.6 Reference and Master Interconnect Communications Design File The CONSULTANT shall design Interconnect Communications conduit for the length of County Barn Road. The new signal at Davis Boulevard shall be designed to accommodate connection to the interconnect system. The COUNTY will connect the signal to the interconnect system. 21.7 Overhead Street Name Sign Design 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report Not applicable 21.10 Quantities 21.11 Cost Estimate 21.12 Technical Special Provisions 21.13 Field Reviews 21.14 Technical Meetings 21.15 Quality Assurance/Quality Control 21.16 Independent Peer Review Not applicable 21.17 Supervision 21.18 Coordination 48 22 SIGNALIZATION PLANS 16a 8 The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FDOT Plans Preparation Manual, which includes the following: 22.1 Key Sheet 22.2 Summary of Pay Items Including CES Input 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm / Monotube Tabulation Sheet 22.12 Strain Pole Schedule Not applicable 22.13 TCP Signal (Temporary) Not applicable 22.14 Temporary Detection Sheet Not applicable 22.15 Utility Conflict Sheet 22.16 Interim Standards 22.17 Quality Assurance/Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS , The CONSULTANT shall evaluate the existing lighting system. Lighting system modifications, supplementation and/or replacements may require the following tasks that shall be performed in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design: 23.1 Lighting Justification Report - Not applicable 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the 60% plans submittal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and/or two lanes), 49 interchanges, underdeck lighting, and arterial roads. Each lighting calculation shall be prole6 B 8 identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Aeronautical Evaluation Not applicable 23.4 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report Not applicable 23.6 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting Not applicable 23.8 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: 1) Lighting Calculations. 2) Back up sheet for each bid item quantity total on each lighting plan sheet. 3) Phase submittal checklist. 4) Three-way quantity check list. 5) Structural calculation for special conventional pole concrete foundations 6) Letter to the power company requesting serviee. 7) Power company confirmation letter on the requested services. 8) Voltage drop calculations. 50 9) Load analysis calculations. 16 B 8. 23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: I) Existing Lighting Equipment. 2) Load Center, Capabilities and Condition/Age. 3) Condition of Lighting Structure( s) 23.13 Technical Meetings 23.14 Quality Assurance/Quality Control 23.15 Independent Peer Review 23.16 Supervision 23.17 Coordination 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet Including CES Input 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details 51 24.11 Traffic Control Plan Sheets 168 8 ~'~,J 24.12 Interim Standards . 24.13 Quality Assurance/Quality Control 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS - Not applicable 26 LANDSCAPE ARCHITECTURE PLANS - Not applicable 27 SURVEY The COUNTY will provide the CONSULTANT with a baseline topographic survey provided under separate contract. The baseline survey will be provided in the form of hard copy plan drawings and computer files in AutoCadd (.dwg) format. The surveying was conducted for the purpose of providing existing topographic and utility features to advance design. The CONSULTANT will supplement this survey with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors or omissions are found in the data. The CONSULTANT will provide additional survey related services as specified herein. 27.1 Review of Survey Review survey provided by the COUNTY for quality and quantity of information gathered with respect to the needs of the project. Review right of way locations, property line locations, and utility locations and identification. The CONSULTANT will notify the COUNTY immediately of any missing or inaccurate survey information 27.2 Digital Terrain Model (DTM) Survey information provided by the COUNTY shall be inserted into the project plans by the CONSULTANT, and used to generate an accurate digital terrain model of the project area suitable for the CONSULTANT's project design purposes. 27.3 Pond Site Survey CONSULTANT shall survey ponds sites as needed. 27.4 Mitigation Survey - Not applicabile 27.5 Geotechnical Support 52 Perform 3-dimensional (X,Y, Z) field location, or stakeout, of boring sites established by geotech1LrAeerB Includes field edits, analysis and processing of all field collected data and/or reports~aica work will also include borings and soils analysis for the pond and signal work at Da~is Boulevlft-d. Supervision All Survey work performed by the CONSULTANT shall be certified by professional surveyor registered in the State of Florida. 27.6 Coordination 28 PHOTOGRAMMETRY - NOT APPLICABLE 29 MAPPING The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with all applicable FDOT Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to FDOT size and format requirements utilizing FDOT approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronie media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. MASTER CADD FILE 29.1 Alignment 29.2 Section and 1/4 Section Lines 29.3 Subdivisions 29.4 Existing Right of Way 29.5 Topography 29.6 Parent Tract Properties and Existing Easements 29.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM IS responsible for calculating the final geometry. 29.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EOR of any noted 53 di sere pane ies between the limits of construction line and the existi nglproposed right of way lines, lRo~i..B . )of~.i,( adjustments as needed when a resolution is determined. 29.9 JurisdictionaVAgency Lines These lines may include but are not limited to jurisdictional, wetland, water boundaries, and city/county limit lines. SHEET FILES 29.10 Control Survey Cover Sheet 29.11 Control Survey Key Sheet 29.12 Control Survey Detail Sheet 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet - Not applicable 29. 17 Maintenance Map Key Sheet - Not applicable 29.18Maintenance Map Detail Sheet -Not applicable 29.19Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet MISCELLANEOUS SURVEYS AND SKETCHES 29.22Parcel Sketches 29.23 TrrTF Sketches 29.24 Other Specific Purpose Survey(s) 29.25 Boundary Survey(s) Map 29.26 Right of Way Monumentation Map 29.27 Title Search Map 29.28 Title Search Report 54 29.29 Legal Descriptions Five legal descriptions will be provided for right of way takes. 16a 8 l_~. 29.30Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 29.31 Field Reviews 29.32 Technical Meetings 29.33 Quality Assurance/Quality Control 29.34 Supervision 29.35 Coordination 30 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FDOT standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. The COUNTY will provide the complete geotechnical evaluation completed for County Barn Road. It is assumed no further geotechnical evaluation is required for proposed road improvements. 30.1 Document Collection and Review CONSUL T ANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. ROADWAY The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSUL T ANT shall retain all samples until acceptance of 90% plans. 55 The preliminary roadway exploration will he performed and results provided to the Engineer of19rR assainl setting roadway grades and locating potential problem areas. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. 30.2 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. Borings will be obtained at proposed signal pole locations, noise abatement walls, and the pond required for the new roadway alignment. 30.2A Pavement Coring Not Applicable 30.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.4 MOT Plans for Field Investigation The Consultant will coordinate with the Contractor for the development of the Maintenance of Traffic (MOT) plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 30.5 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 30.6 Groundwater Monitoring - Not applicable 30.7 LBR Sampling - Not applicable 30.8 Coordination ofField Work Coordinate all field work required to provide geotechnical data for the project. 30.9 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 30.10 Design LBR 56 Determine design LBR values from the 90% and mean methods. 1.6 B 81 30.11 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. 30.12 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels in the pond site. Estimate seasonal low ground water levels, if requested. 30.13 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 30.14 Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions within the pond site. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation. 30.15 CADD Drawing Files for Plotting of Boring Data on Cross-Sections Create ASCII files of boring data for cross-sections. 30.16 Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis. 30.17 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 30.18 Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted before the 30% plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems. 57 Copies ofU.S.G.S. and S.C.S. maps with project limits shown 16a 8 A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. 30.19 Final Report The Final Roadway Report shall include the following: Copies ofU.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil and rock stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil-boring profiles including top of rock elevations, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. STRUCTURES The CONSULTANT shall be responsible for coordination of all geotechnieal related fieldwork activities. The CONSUL T ANT shall retain all samples until acceptance of the 90% plans. CONSUL T ANT shall perform specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast arm signals, and other structures include the following: 58 30.20 Detailed Boring Location Plan 16 B 8 Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.21 MOT Plans for Field Investigation The Contractor shall develop the MOT plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 30.22 Collection of Corrosion Samples - Not applicable 30.23 Coordination ofField Work Coordinate all field work required to provide geotechnical data for the project. 30.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing. 30.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion In the geotechnical report and for the necessary calculations and analyses. 30.26 Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. 30.27 Walls Provide the design soil profile(s), which include the soil model/type of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations. Review wall design for geotechnieal compatibility and constructability. Evaluate the external stability of conventional retaining walls and retained earth wall systems. For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long term and short term) settlements. Provide wall construction recommendations. 59 30.28 Soil Parameters for Signs, and Geotechnical Recommendations 168 8 Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability . 30.29 Box Culvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. Provide lateral earth pressure coefficients. Provide box culvert construction and design recommendations. Estimate differential and total (long term and short term) settlements. Evaluate wingwall stability. 30.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: 1) Copies ofU.S.G.S. and S.C.S. maps with project limits shown. 2) Summary of structure background data, SCS, USGS, geologic and potentiometric data. 3) The results of all tasks discussed in the previous section (Data Interpretation and Analysis). 4) Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary. 5) Any special provisions required for construction that are not addressed m the FDOT's Standard specification. 6) An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and drilled shafts" a complete FHW A check list, pile driving records (if available) and any other pertinent information. 7) Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans. The reports will be submitted in final form and will include the following: 8) All original plan sheets (11" x 17") 9) One set of all plan and specification documents, in electronic format, according to FDOT requirements 10) Two sets of record prints 11) Six sets of any special provisions 60 12) All reference and support documentation used in preparation of contract plans pac!&> B 8 Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Prepare the detailed boring/sounding standard sheets, including environmental classification, results of laboratory testing, and specialized construction requirements, in a format suitable for inclusion in the final plans. 30.31 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, S.C.S. map and U.S.D.A. map. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 30.32 Technical Special Provisions 30.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.34 Technical Meetings 30.35 Quality Assurance/Quality Control 30.36 Supervision 30.3 7 Coordination 31 POST DESIGN SERVICES 31.1 Shop Drawing Review The CONSULTANT shall review up to 10 shop drawing submittals. Shop drawing submittals shall be reviewed and returned to the COUNTY within 14 calendar days of receipt of the shop drawings. 3 1.2 Respond to Requests for Information The CONSULTANT shall respond to Requests for Information during either the bidding period or during construction. Responding to Requests for Information may require design and/or visits to the project site. For purposes of preparing a fee proposal, it is assumed 80 hours shall be provided for this task. 3 1.3 Attend Meetings 61 The CONSULTANT shall attend meetings as requested by the COUNTY. Meetings to J~ni 8 include the Pre-bid Meeting, Pre-construction Meeting, and Construction Close-out Meeting. The CONSULTANT may be required to attend up to 7 other meetings during bidding or construction. 31.4 CEI Coordination, Periodic Site Visits, Construction Certifications to Permitting Agencies and As-built Plans The COUNTY may request the CONSULTANT to provide CEI services, conduct periodic site visits, certify construction to the permitting agencies or prepare as-built plans. If requested, the scope and fee for these services will be negotiated at a later date. 32 project REQUIREMENTS 32.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY. 32.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY. 32.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FDOT standards. 32.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT's CADD Manual. See Section 2 of this Scope of Services for additional computer file submittal requirements. 62 The CONSULTANT is to coordinate their work with any and all adjacent and integral consultan16s liJeffe& complete and homogenous plans and specifications for the project described herein. 32.7 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project. The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. 63 SCHEDULE B 8ASIS OF COMPENSATION 16a ...; 8.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". 8.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. 8.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and 64 (d) expenses for renderings, models and mock-ups requested by OW~. B 8 8.2.3. 8y way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph 8.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. 8.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. 8.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. 8.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for 8asic Services, Attachment 8 - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule 8 are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE 8. 65 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES 168 8 Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans TASK LIST Task I - 60% Submittal (Basic Services) Task II - 90% Submittal (Basic Services) Total Staff Costs Total Cost for Task 1$427,732 66 Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Task III - 100% Submittal (Basic Services) Task IV - Subconsultant Services (Basic Services Survey and Mapping Geotechnical Environmental Permits 16a 8 - ~ Total Cost for Task II $180,396 I I Total Cost for Task 11I1 $67,570 $92,309 Total Cost for Task IV Grand Total Tasks I - IV $768,007 67 Phase II Optional Services 16 B 13 Project General Tasks Roadway Plans Drainage Analysis Environmental Permits Survey & Mapping Geotechnical Subsurface Utility Excavation Total Cost for Optional Tasks $65,290 68 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Classification Billing Rate Principal Project Manager Senior Engineer Senior Planner Senior Landscape Architect Engineer Landscape Architect Environmental Scientist Senior Designer Designer Technician Surveyor & Mapper Clerical $150.00 $143.00 $118.00 $118.00 $95.00 $90.00 $70.00 $70.00 $90.00 $80.00 $55.00 $100.00 $45.00 168 8 69 rzJ ,...'J B rzJ ::c u U) EJ rzJ g 0.. I Q) - ~o 'C..J Q)..J J: (J .. (I)~ 0) .C s:: 0 ;:;LL ..... . - ..... E 0 L- t/) Q) L- a. Q) 'C Q) s:: s:: ._ CUO) s:: s:: O)W .- 0) ~ s:: cE 'C ~ cu t/) o s:: a::: 0 s::O L- s:: cu cu m (J ~.~ s:: E 511( o U rzJ ,...'J ::> Cl rzJ ::c u U) 0> "a CI) CI) u eco ll. o - (1)r-. U +:i o z ECD o a.. .... ~I.C) - c o :E ...,. ('f) N N ..- ..... ..... o ..- 16a 8 l/l l/l (]) 0 e a. c: c: .... c: OJ "E Cl Cl '00 ~ '00 .... "00 (]) (]) (]) (]) D 'S; D a. D +:i *' a. ~ (ij u a::: 0 c: 0 0 u:: <C CD UJ 0> 70 ---~.". SCHEDULE D INSURANCE COVERAGE 16 B 8 (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 71 (7) Contractor/ConsultanVProfessional shall require each of its subcontractors 1 ~oBe a maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 72 b. Employers' Liability (check one) 168 8 $1 00,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/ConsultanUProfessional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be 73 maintained for a period of not less than five (5) years following the completion lOcQpta8e by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 74 16 B 8 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent .modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance 75 shall include interests of the Owner, the Contractor, Subcontractors, SUb-SUbcot~oB anca Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. 76 (7) Waivers of Subrogation. The Owner and Contractor waive all rights agal~ )llctS other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor I Consultant I Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 77 (2) The Owner shall be named as an Additional Insured under the policy. 16 B 8 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes -- No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1 ,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate $ each claim and in the aggregate 78 (2) Any deductible applicable to any claim shall be the sole responsibt6f Be 8 ConsultanUProfessional and shall not be greater than $50,000 each claim. (3) The ConsultanUProfessional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 79 Client#: 7524 AMERCON3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDIYY) 06/01/2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE American Consulting Engineers of Florida, LLC 4111 Land O'Lakes Blvd. Suite 210 Land 0 Lakes, FL 34639 INSURER A: United States Fidelity & Guaranty INSURER B: St Paul Fire & Marine Ins CO INSURER C: Great American Assurance Company INSURER D: INSURER E: INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER P~k!fEYf~';.,';5gJ.}~T iP~~~.Y {r;.X:}~li~\N LIMITS LTR A ~ERAL LIABILITY I BK01524694 I 08/10/03 08/10/04 EACH OCCURRENCE $1 000 000 X COM M ERCIAL GENERAL L1AB ILlTY ! ! FIRE DAMAGE (Anyone fire) $1 000,000 ~ CLAIMS MADE :Xl OCCUR MED EXP (Anyone person) $10000 m I PERSONAL & ADV INJURY $1,0()0,000 GENERAL AGGREGATE $2,000,000 -- --- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS .COMP/OP AGG $2,000,000 -'I POLICY I I ~~T I" 'I LOC I A AUTOMOBILE LIABILITY BA01229698 08/10/03 I 08/10/04 COMBINED SINGLE LIMIT xl ANY AUTO I (Ea aCCIdent) $1,000,000 ~ - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODIL Y INJURY X NON-OWNED AUTOS (Per aCCIdent) S -. -----: PROPERTY DAMAGE S ; (Per aCCIdent) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT S ~ ANY AUTO OTHER THAN EA ACC S ----------- I AUTO ONLY: AGG $ A iOXCESS LIABILITY BK01524694 08/10/03 08/10/04 ,EACH OCCURRENCE $2,0()Q,()()IL X OCCUR I I CLAIMS MADE ----- AGGREGATE 82,0_OQ,000 ~~j DEDUCTIBLE " $ .. $ RETENTION $ 8 B WORKERS COMPENSATION AND WVA7728311 08/10/03 08/10/04 X iT~~~T~i,~-~ I IOJ~- EMPLOYERS' LIABILITY 81,000,000 EL EACH ACCIDENT EL DISEASE - EA EMPL OYEE 81,000,000 EL DISEASE - POLICY LIMIT $1,000,000 C OTHER EDN5655967 08/10/03 08/10/04 $2,000,000 Each Claim IProfessional $2,000,000 Ann Aggr Liability DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. Project: Contract 04.3587, Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84 ( 5049268 ). Collier County is additional insured with respects to General & Auto Liability. CERTIFICATE HOLDER I ! ADDITIONAL INSURED' INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ DAYS WRITTEN Attn: Purchasing Department NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHELEFT. BUTFAlLURE TODOSOSHALL 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER.ITS AGENTS OR Building G REPRESENT A TIVES. Naples, FL 34112 .&i90_llGlaclltmll1f.Ue.rE I ACORD 25-S (7/97)1 of 2 #S89076/M77485 MLI @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97)2 of 2 #889076 /M7 7485 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 16a 8 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, American Consulting Engineers of Florida, LLC hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from CR864 to SR84" are accurate, complete and current as of the time of contracting. American Consulting Engineers of Florida, LLC BY: 12rl2~ TITLE: 'V!2.-l tJ.CA PI't1- DATE: ...jU..J.~ l2..004 \ 80 'PROJECT: PARCEL NO: FOLIO NO: 1689', 62081 142 38169480009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this dr-V! day of r1~ ' 2004, by and between NANCY ATWEll, a single woman, and KEI H 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 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. 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. Purchase Agreement Purchase Agreement 1689 ' ! 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 covenants 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 title. 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 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. 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.) Purchase Agreement 1 b B ~age3' 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: DWIGHT E.800~K., Clerk ..... ',~ '. ' - , ,... . II BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~n'~ d4.~ Donna lala, Chairman -< ',.~. /"'" ':,~, , -' . (, "./7,"",~~ ~_ ~c ,ly Clerk Mtest as.' ~ Chafl"lllft'l ilgnature 0011_ AS TO OWNER: DA TED: O~~4 Witness (Signature) })Ef?,l~ ,j::"" f4.(<?..JL-f <:;~{}I'0G Name (Print or Type) L~(/~ NANCY WELL Witness (Signature) JIfe'R.-i Fie 'j A-- / Name (Print or Type) AS TO OWNER: ~~ / --- ZTED: )}~(L Witness (Signature) ~o; {>Fl"3tXIr-: AI(H51'-IC/1 v{~ Name (Print or Type) KEITH REED Witness (Signature) 6);e-,e/ Re~.,; ( Name (Print or Type) Item# /~~/ Approved as to form and le~i:n~ Ellen T. Chadwell Assistant County Attorney /\q'..:'nda d /.~ L;j.ci ~ If"::," ~ "c.d ;~ '~~J" Deputy CE; :- 16 B 1 (j - MEMORANDUM Date: June 10, 2004 To: Kelsey Ward, purchasing Agent purchasing Department Administrative Services Division From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract #04-3583i Project 69068 13th street SW Road project from Golden Gate Boulevard to 16th Avenue SW HDR construction Control corporation, Contractor Enclosed please find three (3) originals of the contract for the document referenced above, Agenda Item #16B10, approved by the Board of County Commissioners on May 25, 2004, One original of the document has been kept for our records and one has been forwarded to the Finance Department. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosures ROUTED TO: 0'7- PRc- DOOb3 DATE RECEIYEfh \0 THet U~ \He. \b 0 GOUNTY ATTORNEY ,. 2nn~ JUN - 8 AM II: 09 - ~--- ~~-~ ~ ' , DO NOT WRITE ABOVE THIS LINE I c ~ ~ {2L.s ~ REQUEST FOR LEGAL SERVICES \ ~.~.J- ) \~j~1~? / . c.-.' Le. I '" ' ' : '- ,/ ..,.y/ _....-,..--"_.'-.._--~"'~ t(Q)rv ITEM NO.: FILE NO.: Date: June 4, 2004 ~ ~t Office of the County Attorney Attention: Scott Teach Kelsey Ward, Senior Purchasing & Contracts Agent (~l\' Purchasing Department, Extension 8949 Administrative Services Division To: From: Re: Contract No. 04-3583 Project 69068 13th; "Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW" HDR Construction Control Corporation; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 25, 2Q04; Agenda Item 16(B)(1 0). ~ "7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. c: Lyn Thorpe, TECM ~6 B 10 MEMORANDUM TO: . . \)'V '0.0~ Sheree Medlavllla ~ '0 \ ~ Risk Management Department \..p '6\ ~ S1\..l) Kelsey Ward, Senior Purchasing & Contracts Agent ',\ Purchasing Department FROM: DATE: June 4, 2004 RE: Review of Insurance for Contract No. 04-3583 Project 69068; "13th Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW" HDR Construction Control Corporation; Contractor This Contract was approved by the BCC on May 25, 2004; Agenda Item 16(B)(10). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. 1\IC\"\ ~'tt ttECf . v r " )\.\~ _ ~ 1\)U~ ~d.u6.c;E"'E.~ \ 11" ~v-- C: Lyn Thorpe, TECM 16a It, U Contract 04-3583 Project # 69068 "CEI Services for 13th Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW" PROFESSIONAL SERVICES AGREEMENT Y-I'L- '" THIS AGREEMENT is made and entered into this d-' day of h~, 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and HDR Construction Control Corporation, authorized to do business in the State of Florida, whose business address is 28210 Old 41 Road, Unit 303, Bonita Springs, FL, 34135-0838 (hereinafter referred to as the "CONSUL TANTn). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering and Inspection (CEI) services of the CONSULTANT concerning CEI Services for 13th Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW. (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise In the type of professional services that will be required for the Project. 16 B 1 v - NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 2 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16B 10 1.1. CONSULTANT shall provide to OWNER professional eEl services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid - CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to 3 J.6 B 10 -. . the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWN ER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 4 16 B 10 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 5 16 B 10 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to 6 16 B 1('\ ij ". transmit instructions, receive information, interpret and define OWNER's - policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and 7 16 B 10 - (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4,2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the 8 16 8 10 CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be 9 16 B 1 u instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold 10 16 8 Iu harmless and to defend OWNER, its agents and employees from all su~ and aCtions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9 .1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11 .1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither 11 16 B 10 the acceptance of CONSULTANT's services nor payment by OWNER shall be aeemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. - 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to 12 16 810 the termination, but CONSULTANT shall not be entitled to any other or furtber recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions 13 16 B 1 0 - thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct OF indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. :34112 Attention: Steve Carnell, Director of Purchasing Fax: 239-732-0844 14 16 B 10 16.2. All notices required or made pursuant to this Agreement to be given by'he OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: HDR Construction Control Corporation 28210 Old 41 Road, Unit 303, Bonita Springs, FL, 34135-0838 Fax: 239-498-0824 Attn: Vay L. Scott, P.E., Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 15 16 B 10 17.5. The headings of the Articles, Schedules, Parts and Attachments as contamed in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 40 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for eEl Services for 13th Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW - Project 69068 the day and year first written above. ATTEST: FOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA : r.... . 1, It~.'~;:"} ~~. . , ,"":) ,," ;I ,:~.,(~ ".:;.... Date' 6 ~ /f'J ~ 0 ~ (;".: 2 ~ r". ~ . : )t!"; .~. ,'. ;- ~ : ;:0 : ;,..,. I' ,- :.,;-1', _. C~ :. I Attest IS ~t~~.'S /..;t s 1 gnatwre oftll... .~,,~ .....~~-:; ,,~- '" '..",.>' ....~ " J; (C1!'!."1'~ ( .,............ , " "" c1 . " ,\\ , f . , ,~, . , I I I \ \ I')'" By: Commis 16 ~E#n1?7~ Assistant County Attorney 16 B 10 HDR Construction Control Corporation .7 /) ~;<i'''/~d-d!# Witnesg/ ,'7JjtE6IJ f &mt(~ .' . f1t'~)t'rI#IJ:w/- Typed Name and Titl @t\ IV. rktbuA-- ML/'izolldIJ~Y!.tiec~A1;- Wi ness . Typed Name and Titl ~h~ 1+ I-nlbM I ])!pt Ac<iJJ~k{- Typed Name and Title I I By I)IL~ (CORPORATE SEAL) E '''619 I AC,en(''1 I i::'[(j 5~..s...:.Q~ ~ i Dote a LJ ~ F\ecd ~~ _~ f I~ilo~ 17 16 B 10 SCHEDULE A SCOPE OF SERVICES CONSTRUCTION ENGINEERJNG AND INSPECTION (CEI) services for the 13th Street SW Road project from Golden gate Boulevard to 16th Avenue SW. 1.0 PURPOSE..................... ..... ......... .......... .............. .......... ................ ......... ..... ............ ....... .....2 2.0 SCOPE......... ....................................................................................................................... 2 3.0 DEFINITIONS....... .... ........ ..... .... ........ ..... ..... ........, .... ....... ........ ........... ......... ............ ....... ... 3 4.0 ITEMS TO BE FURNISHED BY THE COLLIER COUNTY TO CONSULTANT ........3 5.0 ITEMS FURNISHED BY THE CONSULTANT .............................................................. 4 6.0 LWSON ..... ...... .... ... ....... .., .... .... ... ..... ............ .... ..... ... ........ .... ......... ....... ......... ......... ..... .....6 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT.............................. 7 8.0 REQUIREMENTS ... .... ... ......... ........... ............. ............................ .......... ......... .......... ......... 7 8. 1 General .................................................................................................................. 7 8.2 Survey Control......... ..... ....... ......... ......... ........ ............ ......... ....... ....... ............ ......... 8 8.3 On-site Inspection.................................................................................................. 8 8 .4 Testing.... ............................................................................................................... 9 8.5 Management Engineering Services ..................................................................... 10 8.6 Contractor's CPM Schedule ............... ... ............ ... ........ ....................... ................ 16 8.7 Constructability Review ......... ............... ...... ... ... ............... ...... ....... 16 9.0 PERSONNEL................................................................................................................... 18 9.1 General Requirements................ ..................................... .................................... 18 9.2 Personnel Qualifications.................................................. .................................... 18 9.3 Staffing................................. ............................................................................... 18 9.4 Licensing for Equipment Operation: ...................................................................19 10.0 SUBCONSUL TANT SERVICES .................................................................................... 19 11.0 OTHER SERVICES .. ...... ....... .......... ........... ..... ..................... ........ .... ..... ........... ............... 19 12.0 POST CONSTRUCTION CLAIMS REVIEW................................................................ 20 13.0 CONTRADICTIONS. ..... ....... .... ..... ........ ... ............... ... ........... ... ..... ....... ......... ....... ....... ...20 14.0 LENGTH OF SERVICE................... ...................... .................... ......................................20 15.0 INVOICING INSTRUCTIONS .......... ....................................... .................... ..... ..............20 EXHIBIT "A-A" 18 16 B 1'~ SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below. 2.0 SCOPE: The CONSULTANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FDOT) Project Engineer. The CONSUL T ANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibil ities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two (2) weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the County Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or changes in scheduling of Contractor activities. 2 16 8 10 3.0 DEFINITIONS: A. CONSUL T ANT Senior Project Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. B. CONSULTANT Project Engineer: CONSULTANT to manage this project. The Engineer assigned by the C. Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control of the projects. D. CONSULTANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance of work or furnishing of materials. F. Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. I. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E.& C.M.D. 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: A. The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. I. Contract documents for each project as follows: 5 sets Construction Plans - 11" x 17" 5 sets Special Provisions 1 copy Contract Form 3 16 B 10 2. All standard forms for use under the terms Dfthis Agreement will be pro- vided in hard copy at the Pre-Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: A. The CONSULTANT shall furnish such other shelter, storage, and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. Routine expenses such as stamps, postage costs, custodial fees, telephone service, etc., will be the responsibility of the CONSULTANT. B. All applicable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www.dot.state.fl.us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. 1. Materials Directives: Directives convey 'certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. 2. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing, test name, appropriate report form number, and sample identifications information for materials to be incorporated into construction project. 3. Qualified Products List of Approved Material Sources and Subsequent Updates. 4 16 B 10 4. Each of the following estimate preparation aids provided by the FDOT: Field Standards for Final Estimates Manual Basis of Estimate Manual Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) 6. FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel). 7. FDOT Roadway and Traffic Design Standards (for all field personnel). 8. FDOT Structures Standards. 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT) 11. A list of FDOT Training Courses relating to Construction Engi- neering and Inspection. C. Field Equipment 1. Includes those non-consumable, non-expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, copiers, calculators, tape recorders/ transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels, wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. 2. Use-cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting firm visibly displayed. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. CONSULTk"\JT personnel using equipment furnished by them shall input all computer coding. The CONSULTANT will also furnish computer services/software 5 16 8 10 needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remam at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. D. All required geotechnical services shall be provided by the CONSULTANT. 6.0 LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement necessary for the Construction Project Manager to carry out his responsibilities. In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre-Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to CONSULTANT Contract/administrative issues. The Action Request form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes. Certifications. etc.) to each. The content and format of the Action Request form shall be in accordance with the instructions provided by the Collier County T.E. & C.M.D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County. These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration, consistent with and in accordance with the Contract Status Report, or other approved report for tracking CONSULTANT Contract funds. 6 168 10 Supplemental Agreements preparation, submission, and subsequent follow-up activities are the responsibility of the CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services. 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the term of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement and to confirm that construction work and administrative activities are performed in reasonable conformity with FDOT and Collier County T.E. & C.M.D. policies, plans, specifications, and Contract provisions. The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in conformance with Collier County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D. recommendations and CONSULTANT responses/actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Replace personnel whose performance has been determined by the Construction Project Manager to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D. Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, FDOT personnel may make special reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such reviews. 8.0 REQUIREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor conform to the specifi- 7 168 10 ... cations of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. No CONSULTANT under contract with Collier County to perform construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perform Quality Control activities on the same construction project. The CONSULTANT shall advise the Construction Project Manager of any omis- sions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULT A.l\JT in performing verification surveys of construction layout. The CONSULTANT shall: I. Make and record measurements necessary to calculate and document quantities for pay items; 2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. 3. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. 8.3 On-site Inspection: The CONSUL T ANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off-site activities and fabrication. The CONSULTANT shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with 8 16B 10 - other accepted practices as appropriate and authorized by the Construction Project Manager. CONSUL T ANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance 'of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625-0IO-OIO-a). 8.4 Testine: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans, specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O. T. label, D.O.T. stamps, etc. The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is necessary to verify compliance with the specification requirements. The CONSULTANT shall notify the Construction Project Manager of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations. The CONSUL T ANT shall provide surveillance and acceptance sampling and testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the 9 8.5 168 lr\ u Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. Manae:ement Entdneerine Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-service conference for the project in accordance with Procedure 700- OOO-OOO-a. At the pre-service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/ computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. 10 16 B IG (2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C.M.D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: a. Action Request Form b. CONSULTANT Authorization to Execute Work Orders c. Letter of Transmittal Form d. Request For Supplemental Services e. Scope of Services Supplement No. f. Contract Status Report, or other approved fund tracking report g. CEI CONSULTANT Firm Estimated Staffmg (completed in accordance with the original CONSUL TANT Contract agreement) h. CEI CONSULTANT Fee Proposal 1. CEI CONSULTANT Data (3) Schedule and conduct a preconstruction conference for the proj ect in accordance with Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. (4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor; including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. (5) Maintain a Project Diary in conformity with FDOT format. (6) Maintain a log of all materials entering into the work with proper indica- tion of the basis of acceptance of each shipment of material. (7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed work items. (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. 11 16 B 10 - (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is determined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the require- ments outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the original Contract for a prqj ect is required due to a necessary change in the character of the work, negotiate prices with the Contractor and execute the required Work Order Directive and prepare a change order in accordance with applicable Collier County procedures. The CONSULTANT shall provide an analysis of the cost and/or time adjustments associated with the Work Order Directive. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be performed is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSUL T ANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSUL T ANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate force account and other records of work involved in claims. (17) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and 12 168 1 \., - prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (18) Prepare the Final Estimate and submit to the Construction Project Manager, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual and two (2) sets of record plans for the project. Additoinally, one (1) set of record plans shall be hand delivered to the local FDOT maintenance office, as may be applicable for the project. This task must be completed within Twenty (20) calendar days after conditional or final acceptance of a project by Collier County T.E. & C.M.D. (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: a. The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifying event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifying event for Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD). b. Where the receiving water has flow upstream from the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream from the influence of the discharge of storm water from the site. c. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below). 13 16 8 10 d. A qualifying event for the purpose of this section is a rain event of 0.5 inches or greater in a 24-hour period as determined by the project rain gauge. e. Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. f. Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883-B-92-00I). g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. h. Within 48 hours of collection of samples, deliver the samples to a laboratory . 1. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSUL T ANT shall actively encourage all reviewers to accomplish reviews promptly. (20) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The results of these meetings will be recorded in written minutes of the meeting. These ' meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. (23) Perform survey work when required or requested by the Construction Project Manager. (24) Produce reports; verify quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. (25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days 14 16 B l.r., ~. " u allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the original Contract schedule time, an estimate of the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. (26) When the CONSULTANT identifies a condition that will require an Amendment to the CONSULTANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the amendment request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and format of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. &C.M.D. (27) The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract amendment submitted to the Construction Project Manager. (28) The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT's request, to discuss the performance evaluation. (29) Provide general public information services as required. Inquiries from public officials and the news media shall be direc'ted to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the pre-construction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. 15 168 10 8.6 Contractor's CPM Schedule: 8.6.1 Initial CPM Review and Validation The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of activities, assuring that this schedule meets the Contract documents. This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the proj ect work and completion of the project within the allowed Contract time. 8.6.2 Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting- to-meeting attendees and other interested parties. 8.6.3 Contract Modifications The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. 8.6.4 Planning The CONSULTANT shall work with the Contractor to establish a two- week look ahead schedule indicating expected Contractor work for dis- cussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues. 8.6.5 As Built Plan 16 168 lU The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans monthly by comparing it with the Contractor's daily logs. 8.7 Constructabilitv Review: The CONSULTANT shall provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, right of way, utility coordination and construction methods and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: 1. Make sure the description of work is clear and concise. 2. Review the list of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all gIVen quantities is accurate. 4. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure contract allows an adequate amount of time to reasonably construct the contract. 6. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. 7. Review such items as Utilities, Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the proj ect. 17 16 B 10 8. Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. 9. Determine the feasibility of construction equipIIlent ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway facilities. 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Qualifications: The CONSUL T ANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffing: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the [mal estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed [mal pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and preapproved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one (1) week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and 18 168 10 - are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Mana.ger will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocate, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensin2 for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSUL T ANTS operating nuclear surface moisture-density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). 10.0 SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services. 11.0 OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. A. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. D. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 19 16 B 10 12.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSUL T ANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness of charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. 13.0 CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. 15.0 INVOICING INSTRUCTIONS:. Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoieed. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. 20 16 B 10 EXHIBIT "A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL* Before the project begins, all project staff shall have possess all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-de greed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II A TTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. 21 16 B 10 PROJECT ENGINEER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be requ~red to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II ATTSA or IMSA A Master's Degree in Engineering may be substituted for one (1) year of experience. OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEI) experience having performed/assisted in the following project-related duties: CQR, progress and final estimates, Supplemental Agreement! Amendment processing, etc.; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FDOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties-. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEIs or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and fmal estimates, EEO compliance, 22 16 B 10 Supplemental Agreement! Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQR, progress and fmal estimates, EEO compliance, Supplemental Agreement/Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: Qualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II A TTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments m field surveymg and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Epgineer. INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level I 23 16 B 10 Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performan<:;e of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain. certifications within the first year of working as an inspector. Exceptions will be permitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level IT SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff. GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under Florida State Rule and Statue, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled sbaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPW AP & WEEP programs for pile analysis. 24 16 B 10 GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. * Exceptions to these minimum standards will be considered on an individual submittal basis. The Construction Project Manager will make recommendations on all personnel action requests. 25 16 B 10 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the hourly fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on the basis of the actual hours worked in accordance with Schedule C monthly milestones. 8.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; 26 16 B 10 (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. 8.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 27 SCHEDULE B -ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES 16 B 10 Following are the employee classification categories, hourly fees per category, and the estimated number of hours for the project in each category: Project Engineer $92.00/hour X 1320 estimated hours Not to Exceed $121,440.00 Senior Inspector $67.00/hour X 1320 estimated hours Not to Exceed $ 88,440.00 Survey Crew $130.00/hour X 120 estimated hours (4 man) Not to Exceed $ 15,600.00 Reimbursables Not to Exceed $ 15,966.56 Material Testing Services Not to Exceed $ 6,962.00 Total: Not to Exceed $248,408.56 28 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Project Engineer Senior Inspector Survey Crew (4 man) $92.00/hour $67.00/hour $130. DO/hour 29 16 B 10 u ~ ...:l ::J Cl ~ ::c: u (j) ~ B ~ ::c: u (j) E-i U ~ g 0.. ... 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CD .~ ~ 00 co 16 B 10 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of Insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 31 16 B 10 - (7) Contractor/ConsultanVProfessional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/ConsultanVProfessional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/ConsultanV Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: 32 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) 16 B 10 $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and 33 16 B 10 Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. 34 16 B 10 (4) The Owner shall be named as an Additional Insured and the policy sh~1l be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. . (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, 35 16 B 10 until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance 36 16 B 10 by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No 37 16 B 10 (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes -- No 38 IOn'" .....-..,-.... 16 B 10 (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 39 PRODUCER (MMID ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/01/2005 06/02/2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lockton Companies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 INSURERS AFFORDING COVERAGE INSURED HDR CONSTRUCTION CONTROL 1013472 CORPORATION 8404 INDIAN HILLS DRIVE ATTN: LOUIS J. PACHMAN MAHA NE 68114-4049 INSURERA: ZURICH AMERICAN INS CO - O.P. KS INSURER B: AMERICAN GUARANTEE & LIAB ZURICH INSURER c: SENTRY INSURANCE CaMP ANY INSURER D: CONTINENTAL CAS (V.O. SCHINNERER : INSURER E : COVERAGES SA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN.;>~' TYPE OF INSURANCE POLICY NUMBER ~~~f:'J~rf~!XE PJ>,,~~;J~J~~N LIMITS ~ERAL LIABILITY EACH OCCURRENCE . 1 000 000 A X .COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2004 06/0112005 FIRE DAMAGE IAnv one fire) . 1 000 000 l CLAIMS MADE W OCCUR MED EXP IAnv one nerson) $ 5000 - PERSONAL & ADV INJURY . 1 000,000 ,- GENERAL AGGREGATE . 2,000,000 ~'L AGGREril LIMIT AP~ PER: PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY X j~c?T X Lac ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT . 1,000,000 B d- ANY AUTO BAP3504584 06/01/2004 06/0112005 (Ea accident) B f--- ALL OWNED AlITOS TAP3504586 06/0112004 06/0112005 : BODILY INJURY . XXXXXXX SCHEDULED AUTOS ' (Per person) f--- ~ HIRED AUTOS BODILY INJURY I. R NON-OWNED AUTOS (Per accident) XXXXXXX PROPERTY DAMAGE . XXXXXXX (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG . XXXXXXX ~ESS LIABILITY EACH OCCURRENCE I . 1,000,000 B lfJ OCCUR D CLAIMS MADE AUC3808400-00 06/01/2004 06/0112005 AGGREGATE . 1,000,000 ==i ~ UMBRELLA (EXCLUDES PROF. LIAB) . XXXXXXX DEDUCTIBLE FORM . XXXXXXX RETENTION $ . XXXXXXX C WORKERS COMPENSATION AND 90-14910-01 06/01/2004 06/01/2005 X I~~"~\~~~T" I I~~H- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT . 1,000,000 E.L. DISEASE - EA EMPLOYEE' 1 000 000 I E.L. DISEASE - POLICY LIMIT i . 1,000,000 D I 0,"" PLNl13978408 06/01/2004 06/01/2005 PER CLAIM: $1,000.000. AGG: ARCHS & ENGS PROFESSIONAL $1,000,000. LIABILITY I I DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT 04-3583, PROJECT 69068, CEI SERVICES FOR 13TH STREET, SW. ROAD PROJECT FROM GOLDEN GATE BOULEVARD TO 16TH AVENUE SW. COLLIER COUNTY GOVERNMENT IS NAMED AS ADDmONAL INSURED ON GENERAL LlABIIJTY CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION 2045901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY GOVERNMENT DATE THEREOF, THE ISSUING INSURER WILL ENDE-A\IOR--+O- MAIL ~ DAYS WRITTEN ATTN: KELSEY WARD 3301 E. TAMIAMI TRAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ NAPLES FL 34112 IMl'OSIH>lO ~.jQN OR-kIA8lY:r.\'-OF--AN'Y-KIl'ID-UPON-+HE--lNSlJRER,-I+S-AGEN+S-OR REPRESENTA~ AUTHORIZED REPRESENTATIVE ~ d -L'_ I ACORD 25-5 (7/97) For Questions regarding this certificate, contact the number listed in the 'Producer' section abo\le and specify the client code 'HORIN01'. @ ACORD CORPORATION 1988 16a 1 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, HDR Construction Control Corporation, hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Project # 69068 "CEI Services for 13th Street SW Road Project from Golden Gate Boulevard to 16th Avenue SW" are accurate, complete and current as of the time of contracting. HDR Construction Control Corporation BY: fjLVJ~ . TITLE: 4, I!~~ DATE: b,/-tJi( 40 16 Cl "'W MEMORANDUM Date: June 3t 2004 To: Lyn M.Wood Purchasing Agent From: Linda A. Houtzert Deputy Clerk Minutes & Records Department Re: Contract 04-3598 - Professional Engineering Services for CapacitYt Managementt Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System Enclosed are three (3) original documentst as referenced above (Agenda Item #16C1), approved by the Board of County Commissioners on TuesdaYt May 25t 2004. One original has been kept for our records and one has also been forwarded to the Finance Department. If you should have any questionst you may contact me at extension #8411 Regards, Enclosures FILE NO.: O'f- fJ~c - Ooofo 0 ,~ ,cEcl6:Cll.j DATE RECEIVED~)JUNnl ATTORNEY zoo~ JUN -I PM 4107 ITEM NO.: cc(Q)r1f ROUTED TO: DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES '\ ~'~d r/- ~i /'C~SJ2-'1 C {-t LR Date: May 28, 2004 To: 612:1 Scott Teach 6) 'J p 'I Assistant County Attorney From: LynM. Wood, C.P.M. Purchasing Agent 732-2667 Re: Contract #04-3598 "Professional Engineering Services for Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System" Contractor: RJN Group, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on May 25,2004; Agenda Item l6.C.l This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. l. "16Cl Contract 04-3598 Professional Engineering Services for Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 25~day of MA y 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and RJN Group, Inc., authorized to do business in the State of Florida, whose business address is 160 S.W. 12th Avenue, Deerfield Beach, Florida 33442 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Engineering services of the CONSULTANT concerning Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: Page 1 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16 Cl't 1.1. CONSULTANT shall provide to OWNER professional Engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the Page 2 O"OJNER a written statement, executed by the proper officers of. the l:6,~ lNT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSU L T ANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and_ acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any suchsubconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of . professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or Page 3 16Cl Ipo..islative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, Page 4 16Cl r?'~ schedules and appraisals; and evaluating processes available for licensing and assisting OWNERin obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: Page 5 16Cl :~a (a) The scope of services to be provided and performed by the CONSULTANT . hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. Page 6 ARTICLE FOUR TIME 16Cl ""'1 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by Page 7 16,Cl." . CONSULTANT after expiration of said twenty-four (24) month period, plus all time eXtensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use Page 8 ARTICLE SEVEN MAINTENANCE OF RECORDS 16 C 1'~ !~ ~, ,...- 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICA TION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. Page 9 ARTICLE NINE INSURANCE 16Cl ... '. "'l .~ 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the. Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE. TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Page 10 16Cl'~'- Ag:;eement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. Page 11 16 Cl'~ 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provIsions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 12 ARTICLE FOURTEEN CONFLICT OF INTEREST 16Cl 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be gIven by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. - 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Page 13 RJN Group, Inc. 160 S.W. 12th Avenue, Suite 110 Deerfield Beach, Florida 33442 Fax: 954-698-0330 Attn: Rodolfo B. Fernandez, P.E. 16 Cl 1 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable In whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 36 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or Page 14 16Cl understandings, written or oral, relating to the matter set forth herein, and any such pnor agreements or understanding shall have no force or effect whatever on this Agreement. 'IiIl ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System the day and year first written above. ATTEST: " '" .,' '..'0 · \? 8:~""i; ,.' ,'-",'j,.,.,.. ::','" ~~, E) ~.~ .. . .-, Dwight E.~.pf'O'9Kil'~ler~,\"", "2.,."". ::. ,'t::>: \"" ..' ", ,,~_J " "',. " By4AJ'~id:'<li::}~~j,~~~.( J ,,: ~ _ ".~.~ ", l~.~fr:~ ' , ~.:<k",. L/.J.ili...,yr.... ).'/ .- Date:y:.;',c;J:{if? [ <;tfr~,---- . I'.,. i,. i"U~l~'.)\"',," Attest Ie to tM(r.IIUt"1 s 1 gnaturt 011,. Approved a:n~for and I S ici? ,: Scott Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: comt~nn~~airrnan .'_::''''-,.~~ Item # ~c.J ~~~~da ~~~4 Page 15 /7 o.{ /(;Y$~ Witness / ~ ~ Page 16 RJN Group, Inc. _ ..c;-:-. ~-1- By:--7""""'- -,r- -- I2-J1~----c!~ V "k'1?~ 16 Cl"'~ Typed Name and Title (CORPORATE SEAL) SCHEDULE A SCOPE OF SERVICES 16Cl 'll The purpose of the project approach is to provide to Collier County a detailed description of the deliverables, schedule, and work tasks that will ensure an on-time successful project. As a pro-active growing utility, Collier County is undertaking a CMOM Assessment in anticipation of approval and enforcement of the national CMOM Regulations. Project Understanding Collier County owns and operates a wastewater collection system that is comprised of a network of gravity sewers, lift stations, and force mains, some of which are manifolded. With the CMOM Regulations in the process of federal adoption, self- audit "invitations" by USEPA Region 4, and select enforcement byFDEP of provisions of the draft rule, the County has decided to conduct a CMOM Assessment to determine its current level of compliance and a definition of the existing gap that must be closed to achieve full compliance, including priorities, costs, and schedule. An assessment differs from a full CMOM Study in that it is preparatory in nature. At the conclusion of this phase of the project, the County will know where it stands in terms of CMOM compliance and will have a set of prioritized recommendations for improvements. Actual implementation of improvements will occur in a subsequent phase of work. As noted in the RFP, the County has activities underway or to be started that will compliment the CMOM Study. The findings from such activities, such as the 1/1 Investigation, will be valuable in our preparation of the Assessment. The effort to obtain such findings is not included in this Project Approach. The proposed CMOM Rule is strictly related to the wastewater collection system; that is, down to but exclusive of the wastewater treatment head works. However, the operations and management of the collection system requires resources that are shared with other activities, such as reuse, potable water, and even the wastewater system. The CMOM Assessment needs to avoid collection system recommendations that could be detrimental to other Department groups. In accordance with the RFP, there is one major deliverable - the CMOM Assessment Report, which includes a Staff Optimization Plan, and three Meeting Sessions. CMOM Program Implementation The CMOM Assessment will be the basis for developing a strategy that achieves regulatory expectations, reduces SSOs, and ensures business practices directed at achieving Collier County's desired service level, regulatory compliance, and asset management goals. The Assessment will evaluate existing County programs to establish whether they: · Have a clearly defined purpose · Have clearly defined short-term and long-term goals · Are fully documented and include standard procedures for operations, Page 17 maintenance, construction, safety, procurement, engineering, financiai, a16 C 1 administrative activities · Are being implemented by adequately trained personnel. · Have established performance measures that lead to the achievement of system performance goals. . Are subject to an established protocol for periodic review, evaluation, and modification as necessary. Ultimately, CMOM program implementation yields a collection system performance that complies with the Clean Water Act, especially in terms of SSO reduction. From the customer's perspective, CMOM program provides a level of service that meets customer expectation in such areas as responsiveness, quality, and cost. Deliverables A. CMOM Assessment Report Findings and Recommendations B. Staff Optimization Plan (a component of the Assessment Report) C. Meeting Sessions 1. First - CMOM Regulations Technology Transfer 2. Second - Facilitated, Focus on O&M 3. Third - Report Draft Presentation Work Tasks All work will be performed by staff from either RJN Group, Inc. or its consultant Brown and Caldwell. In this Scope of Work, all personnel will be referred to as RJN Team members. A. Kickoff Meeting The Project Kickoff Meeting will be held at the County complex and it will be attended by the Project Manager and a project engineer. Before the meeting, the County will provide the RJN team with a copy of the County Master plan and operations and maintenance (O&M) documentation to review. During the meeting, additional information may be furnished by the County for review. B. First Meeting Session and Staff Interviews As a technology transfer meeting, the first Meeting Session will be conducted by the RJN team as we convey to the attendees the status of the CMOM Regulations and its goals as they will affect Collier County. The information to be gained by County staff will be valuable throughout the project in terms understanding the RJN/BC methodology and evaluating our recommendations. This session will be led by three members of the RJN team. It is anticipated that this session will be conducted during a morning, and that all County personnel who will have a significant role in the project will attend. It will not be feasible for the RJN Team to communicate the substance or the benefits of Page 18 16C] this session to personnel who are unable to attend or who are absent during 1 significant portions. Upon conclusion of the First Meeting Session, staff interviews will be conducted for the balance of the day by each of the three members of the RJN Team. Each of the three RJN Team members will interview management, supervisory, and field staff to identify the location, extent, and depth of information available for the Assessment, including information that is not currently documented. If time allows, the information search may include field observation of one or more O&M procedures. The type of available information will be cataloged in terms of media (hard copy, electronic copy, anecdotal, etc.) purpose, quantity, and accuracy level of confidence. The documents to be identified include: 1. Records and other information listed in the RFP, such as the field evaluation performed by the Department, SSO reports, and sewer system maps 2. Ordinances, pre-treatment programs documents, grease control procedures, etc. 3. Organizational charts 4. Software inventory 5. Training manuals The County will be responsible for preparation and delivery of two complete copies of all relevant materials to the RJN Team. C. Second Meeting Session As an information exchange and brainstorming session, the second Meeting Session will be facilitated by the RJN team. This meeting will be the first major step in developing the recommendations. Furthermore, it will be a creative session for all participants. This session will be led by three members of the RJN Team, and it is anticipated that the session will be held during one day. C. Staff Optimization Plan The Plan will be delivered at the third Meeting Session, and will be prepared largely from information obtained from the staff interviews, from specific documentation such as manuals, and from the findings and conclusions reached during the Second Meeting Session. This element of the project will be on a time and materials basis. In addition to the overarching recommendations, the County and the RJN Team will select a high priority business practice area to further develop more detailed recommendations. The level of effort of the Plan, the schedule, coordination, telephone conference calls, and meetings, will be negotiated between the County and the RJN Team after the Second Meeting Session. The focus of the Plan will be to develop broad recommendations regarding organizational structure. The elements of the scope to be negotiated will include issues related to best practices and workflow, working smarter through improved procedures, implementation of improved and new technology, training, and goals Page 19 definition. Actual implementation of the vast majority of business practice 1 6 C 1 improvements will occur in a subsequent phase of the work. E. Assessment of Information Received An analysis will be conducted of each of the following types of information: 1. Reference materials, such as the master plan, written operational procedures, emergency response plans, collection system maps and schematics, and ordinances 2. Educational materials, such as training manuals 3. Staffing, including position descriptions and training and cross-training eligibility and frequency 4. Storage of documents and data, including accessibility and safekeeping 5. Extent of data by categories, such as history of work orders 6. Analysis of sample sets of data accuracy, type of information, and amount of information 7. Asset management, limited to determining the current method of depreciation and goals for upcoming study 8. Budgeting process limited to determining process by which the Department's funding needs are developed from its identified priorities 9. Relevance to CMOM 10. Documentation 11. Impact on other Department activities that share resources a. wastewater treatment and solids handling b. water reuse c. water distribution d. water treatment F. CMOM Compliance Status and Recommendations Based on the foregoing analysis, the County CMOM compliance status will be determined. The difference between full CMOM compliance and the current status is the compliance gap. The virtual elimination of the gap will require implementation of actions prioritized in terms of resources, most notable funding and time. Implementation will occur after completion of the assessment in a subsequent scope of work. The CMOM compliance gap will be described for the following components: 1. Enhanced documentation of O&M data, physical data, and procedures 2. Root cause or causes of SSOs 3. Adequacy of current emergency response plans and associated risks 4. Work flow modifications 5. Staffing 6. Data management 7. Rules and ordinances. 8. Training 9. Development of measures and standards 1 a.Asset valuation and depreciation 11.lncorporation of current and planned complementary activities: a. III projects Page 20 b. Master planning c. Funding and rate studies for CIP d. Asset management 12. Effect of recommendations on other activities of the Department, such as water distribution 16Cl G. CMOM Assessment Report Draft County staff and the RJN Team will be working very closely together on the project, with information being exchanged and results shared throughout the short schedule. As the major deliverable, the CMOM Assessment Report Draft will be submitted at the 60 percent completion point. The report draft will contain the methodology and available conclusions and recommendations of the entire project including a summary of the findings and recommendations of the Staff Optimization Plan and the results of each of the first two Meeting Sessions. H. Third Meeting Session and Final Report The third Meeting session will consist of a presentation of the Draft R.eport, including the Staff Optimization Plan, followed 'by a discussion of implementation needs, particularly of staff resource issues such as technology (hardware and software) and training. The Session will be led by two members of the RJN Team. The results of this session will be incorporated into the Draft Report to produce the CMOM Assessment Final Report. The Report will be delivered in an electronic version on one or more CDs, and in 30 copies of the hard-copy version. Bulky appendices will not be copied or scanned; rather, they will be referenced. Additional Services Additional services will be negotiated under the terms of Contract 04-3598. Page 21 SCHEDULE B BASIS OF COMPENSATION 16Cl B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and Page 22 (d) expenses for renderings, models and mock-ups requested by OWNEJ. 6 C] B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. 8.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. Page 23 SCHEDULE B - AITACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES 16Cl RJN will perform the services for all the tasks described herein on a lump sum price basis of $49,618, except Task D. Staff Optimization Plan, which will be performed on a Time-and-Materials (T&M) basis for a fee not to exceed $10,000. The total compensation will not exceed $59,618 without authorization by Collier County. Table 1 COMPENSATION COLLIER COUNTY CMOM ASSESSMENT Task Task Description Price A. Kickoff Meeting $3,653.00-LS B. First Meeting Session, Staff Interviews $5,951.00-LS C. Second Meeting Session $6,529.00-LS D. Staff Optimization Plan $10,000.00-T&M E. Assessment of Information Received $7,692.00-LS F. CMOM Compliance Status $7,400.00-LS G. CMOM Assessment Report Draft $7,594.00-LS H. Third Meeting Session, Final Report $10,799.00-LS Total $59,618.00-LS Page 24 CHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE 16Cl Table 2 I HOURLY BILLING RATES Personnel Rate I Project Manager for RJN $150.00 CMOM Reoulations and O&M Experts $195.00 Word Processino $61 .00 Project Manaqer for BC $154.00 Project Enoineer, Licensed $120.00 Project Enoineer, Others $85.00 Office Technicians $45.00 Page 25 SCHEDULE C PROJECT SCHEDULE 16Cl The schedule of the project has been developed with the intent of completing all tasks and submitting all deliverables within 120 calendar days of receipt of the Notice to Proceed (NTP), subject to reasonable availability of Collier County staff and timely receipt of requested materials and of submittals comments. This schedule may be modified after discussions with County staff during the Kickoff Meeting. The major tasks of the project and their individual performance time periods are listed below. A. Kickoff Meeting - We anticipate that the Kickoff Meeting will be conducted within the first 15 days of receipt of the Notice to Proceed (NTP). The Kickoff Meeting will be conducted in one day. B. First Meeting Session and Staff Interviews - Preparation for this task will begin after the Kickoff Meeting. The First Meeting Session and the Staff Interviews will be conducted in one day, and will be schedules approximately 15 days after the Kickoff Meeting. As a result, this task will be performed in a time frame of 15 days to 30 from NTP. C. Second Meeting Session - Preparation for this task will begin upon completion of the preceding task. The Second Meeting Session will be conducted in one day; as a result, this task will be performed in a time frame of 35 days to 50 days from NTP. D. Staff Optimization Plan - This task will start during preparation for the Second Meeting Session. The time frame for this task is 45 days to 85 days from NTP. E. Assessment of Information - This task will be conducted essentially simultaneously with the preceding task. As a result, the time frame for this task may is 45 days to 70 days from NTP. F. CMOM Compliance Status and Recommendations - This task will start when the preceding two tasks are underway. As a result, the time frame for this task is 60 days to 85 days from NTP. G. CMOM Assessment Report Draft - The Draft Report will be started when the preceding task is well underway, and will be completed before the Third Session; therefore, its time frame will be from 75 days to 100 days from NTP. H. Third Meeting Session and Final Report - After Collier County staff review of the Draft Report, the Third Meeting Session will be conducted. Based on the results of the Session and County staff comments of the Draft Report, the Final Report will be prepared and submitted. The time frame for this task will be 95 days to 120 days from NTP. Page 26 16Cl Client#: 13177 RJNGROUP ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Mack and Parker, Inc. 55 E. Jackson Blvd. Chicago, IL 60604 (Barbara Fritz 312-279-4618) DATE (MMIDDIYVYY) 05-05-04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED INSURERS AFFORDING COVERAGE INSURER A: Transcontinental Insurance Company INSURER B: Valley Forge INSURER c: Continental Casualty Company INSURER D: Transportation Insurance CO. INSURER E: Greenwich Insurance Company NAIC# 20486 R J N Group, Inc. 200 W. Front Street Wheaton, IL 60187 Attn: Katrina Genore COVERAGES 20443 20494 22327 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE POLICY NUMBER Pg}+~;J~f~g~l~\E P~~.fl {tX~I~t;~\9,N LIMITS LTR A ~NERAL LIABILITY TCP1077863675 08/01/03 08/01/04 EACH OCCURRENCE $1 000.000 X COMMERCIAL GENERAL LIABILITY g~ttjFE TO RENTED $100000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10 000 PERSONAL & ADV INJURY $1 000.000 - - GENERAL AGGREGATE $2.000.000 ~'L AGGRE~E LIMIT APrilS PER: PRODUCTS - COMP/OP AGG $1.000.000 POLICY X r;~T X LOC B ~TOMOBILE LIABILITY BUA 1077863644 08/01/03 08/01/04 COMBINED SINGLE LIMIT C ~ ANY AUTO BUA 1077863658 08/01/03 08/01/04 (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY Not Applicable AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ D 0ESS/UMBRELLA LIABILITY CUP1077863689 08/01/03 08/01/04 EACH OCCURRENCE $4 000 000 X OCCUR D CLAIMS MADE AGGREGATE $4 000 000 $ R DEDUCTIBLE $ RETENTION $0 $ D WORKERS COMPENSATION AND WC1077863661 08/01/03 08/01/04 X I T';';~Vs;r,~J,~~ I IOJ~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000 If yes, describe under EL DISEASE - POLICY LIMIT $500 000 SPECIAL PROVISIONS below E OTHER Professional PECOO0984102 08/01/03 08/01/04 $1,000,000 Each Claim & Pollution Liab. $2,000,000 Aggregate $50,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Contract #04-3598 Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater System (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Attn: Lyn M. Wood C.P.M. Purchasing Department 3801 E. Tamiami Trail Na les FL 34112 ACORD 25 (2001108) 1 of 3 #S99745/M94252 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3!l..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR BAF @ ACORD CORPORATION 1988 16Cl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001108) 2 of 3 #S99745/M94252 16Cl '. DESCRIP1HONS(Continl.led from Pa~Er1) Collier County Board of County Commissioners is named as Additional Insured on the above general liability for all work performed and/or supervised by the Named Insured for the above Project only. AMS 25.3 (2001/08) 3 of 3 #S99745/M94252 SCHEDULE D INSURANCE COVERAGE 16Cl (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. Page 27 (7) Contractor/Consultant/Professional shall require each of its subcontractors 1 pQcCel and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements Page 28 b. Employers' Liability (check one) 16Cl $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x -- $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/ConsultanUProfessional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be Page 29 m'aintained for a period of not less than five (5) years foilowing the completion and acclta9ce C 1 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. Page 30 16Cl (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable -X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance Page 31 16Cl shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. Page 32 16Cl (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor I Consultant I Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 Page 33 16Cl (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate $ each claim and in the aggregate Page 34 16Cl (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. Page 35 ". SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 16Cl In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RJN Group, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System are accurate, complete and. current as of the time of contracting. RJN Group, Inc. BY: "'--~-3~_ .. -~ ~7~-Ce-L TITLE: ry/L'vc:::r<-R DATE: ~7 ~; voy Page 36 16Cl 16Cl ROUP, INC. loyee-Owned Firm rt;@[pJ')f 160 S.W. 12th Avenue, Suite 110 Deerfield Beach, FL 33442 954.698.9700 fax 954.698.0330 ing Consulting and n Technology Services www.rjn.com January 9, 2004 11r. Steve Carnell Purchasing Director Purchasing Building Collier County Government Center 3301 Tamiami Trail East Naples, Florida 34112 Subject: RFP #04-3598, Professional Engineering Services for Capacity, Management, Operations and Maintenance and Staff Optimization Assessment for Collier County Wastewater System Dear 11r. Carnell: RJN Group, Inc. is pleased to submit the enclosed proposal to Collier County to provide professional engineering services for the above-referenced project. The RJN Team proposed herein includes staff from RJN as the prime firm and Brown and Caldwell as a subconsultant. The benefits of selecting the RJN Team include: Experienced Project Manager - The proposed Project Manager, Rodolfo B. Fernandez, P.E., has over 32 years of experience in civil engineering. He has successfully managed hundreds of projects and is well- known and well-respected in the industry. He has extensive experience in performing and managing every aspect ofCMOMprojects from inspection to engineering and design. Further, 11r. Fernandez recently served as the Project Manager for the similar Coral Springs Pre-CMOM Study. He will ensure the project's success by enforcing proper management, staffmg, budgeting and, scheduling. Experience of RJN / Brown and Caldwell Team - By joining forces, we bring to Collier County an unparalleled project team that includes 11r. Roy Herwig, of Brown and Caldwell. He was previously the chief enforcement officer for EP A Region 4, and more importantly, he essentially wrote the proposed CMOM Regulation that is currently undergoing federal adoption. Upon completion of your evaluation, we are confident you will reach the conclusion that our project team is fully capable of fulfilling your objectives. We assure Collier County that this project is a top priority and that experienced personnel are assigned to assure a timely and successful completion. Sincerely, RBF /pmr Enclosures mktlprop\1707ltr RJN GROUP, INC. ~T~ Rodolfo B. Fernandez, P.E. Project Manager ~.~..._-" ~ . . ",~..., . ..~:-. . ... CJ TABLE OF CONTENTS 1. ApPROACH Collier County CMOM Study...... ..................... ....... ....... ............ .................... ...................... 1-1 2. EXPERTISE OF DESIGNATED STAFF Key Personnel.......... ................... ....... ............ ......... ............... ...... ...... ..................................2-1 Project Team Credentials.................... ........... .............. ................................... ....... ..... .......... 2-2 Project Team Resumes Subconsultant Letter of Intent 3. PREVIOUS PERFORMANCE ON SIMILAR JOBS Company Background.. ................... ......................... ...... .......... ........... .......... .......................3-1 CMOM Program Experts........ ........ ................. .................. ......... ................... ....................... 3-1 References.................................................................................................................... ........ 3 - 2 Relevant Project Experience The Pre-CMOM Study - Coral Springs, Florida 4. OFFICE LOCATION & RESPONSIVENESS Office Location ... ....... ................ ....... .............. .................... ............................ .....................4-1 Responsiveness..... ............. ................ ..... ......... .......... ......... ................................... ............... 4-1 5. ABILITY TO COMPLETE ON TIME Project Schedule.... ................... ....... ...... ...................... ....... ...... ......................... ...... ............. 5-1 6. ABILITY TO COMPLETE WITHIN BUDGET Cost Controls.......... .......................... ............... ............ .......................................................... 6-1 7. REQUIRED SUPPLEMENTAL INFORMATION CASSWORKS Infrastructure Manager Proposer's Qualification Form Insurance Requirements Certification Proposer's Checklist Proposer's Declaration Statement Conflict of Interest Statement mkt\prop\1707toc ~ 2004 RJN Group, Inc. (.;1 ~ c___, .. ,./~tt _ h - ~ ?!' ApPROACH COLLIER COUNTY CMOM STUDY The purpose of the project approach is to provide to Collier County a detailed description of the deliverables, schedule, and work tasks that will ensure an on-time successful project. As a pro-active growing utility, Collier County is undertaking a CMOM Assessment in anticipation of approval and enforcement of the national CMOM Regulations. Project Understanding Collier County owns and operates a wastewater collection system that is comprised of a network of gravity sewers, lift stations, and force mains, some of which are manifolded. With the CMOM Regulations in the process of federal adoption, self-audit "invitations" by USEP A Region 4, and select enforcement by PDEP of provisions of the draft rule, the County has decided to conduct a CMOM Assessment to determine its current level of compliance and a definition of the existing gap that must be closed to achieve full compliance, including priorities, costs, and schedule. An assessment differs from a full CMOM Study in that it is preparatory in nature. At the conclusion of our project, the County will know where it stands in terms of CMOM compliance and will have a set of prioritized recommendations for improvements. As noted in the RFP, the County has activities underway or to be started that will compliment the eventual CMOM Study. The findings from such activities, such as the III Investigation, will be valuable in our preparation of the Assessment. The effort to obtain such findings is not included in this Project Approach. The proposed CMOM Rule is strictly related to the wastewater collection system; that is, down to but exclusive of the wastewater treatment head works. However, the operations and management of the collection system requires resources that are shared with other activities, such as reuse, potable water, and even wastewater system. This CMOM Assessment and Staff Optimization Plan needs to avoid collection system recommendations that could be detrimental to other Department groups. In accordance with the RFP, there is one major deliverable - the CMOM Assessment Report, plus a Staff Optimization Plan and three Meeting Sessions. Each one of these elements is essentially also a deliverable. RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 _ 1 16CI CMOM Program Implementation The CMOM Assessment will be the basis for developing a strategy that achieves regulatory expectations, reduces SSOs and ensures business practices directed at achieving Collier County's desired service level, regulatory compliance, and asset management goals. The Assessment will evaluate existing County programs to establish whether they: . Have a clearly defmed purpose . Have clearly defined short-term and long-term goals . Are fully documented and include standard procedures for operations, maintenance, construction, safety, procurement, engineering, fmancial and administrative activities . Are being implemented by adequately trained personnel. . Have established performance measures that lead to the achievement of system performance goals. . Are subject to an established protocol for periodic review, evaluation, and modification as necessary. Ultimately, a CMOM program implementation yields a collection system performance that complies with the Clean Water Act, especially in terms of SSO reduction. Prom the customer's perspective, a CMOM program provides a level of service that meets customer expectation in such areas as responsiveness, quality, and cost. Deliverables A. Assessment Report Findings and Recommendations 1. Documentation status of current CMOM compliance 2. Priorities for improvements of current operations 3. Development of performance measures and timing of periodic evaluations 4. Structured plan for improvements to the system (short-term implementation) 5. Long-range plan, including capital improvements 6. Prioritized plan to achieve full CMOM compliance, including costs and schedule 7. Impact and adverse effect check of recommendations implementation on the County's missions on wastewater treatment, water re-use, and water distribution and treatment. B. Staff Optimization Plan 1. Work Practices Improvements and Revised Best Practices a. Re-design b. New Practices c. Deletion of Unnecessary Practices d. Merger 2. Staff Work Teams a. Revisions to organizational structure b. Re-organization of work flow c. Revised best practices RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 - 2 16Cl 3. Training a. To optimize technology b. New work flow procedures c. Revised best practices C. Meeting Sessions 1. First - CMOM Regulations Technology Transfer such as a. Compliance schedules relative to WWTP size b. GASB 34 c. SSO prevention d. Affirmative Defense e. Emergency Response Plans f. Public awareness g. Rule approval status h. Current EP A and FDEP enforcement policy 2. Second - Facilitated, Focus on O&M a. Need for new technologies b. Revised work flows c. Allocation of resources d. Data extent, physical location, accessibility 3. Third - Recommendations, Including Best Practices and Business Needs for Overall Improvement and Utility Optimization a. Staff Optimization b. Revision of teams c. Training d. Technology Functionality - hardware and software Work Tasks A. Staff Interviews The RJNIBC Team will interview management and supervisory staff to identify the location, extent, and depth of information available for the Assessment. The type of available information will be cataloged in terms of media (hard copy, electronic copy, anecdotal, etc.) purpose, quantity, and accuracy level of confidence. The information will be identified during several small-group staff interviews to be conducted before the first Meeting Session. The documents to be identified include: , 1. Records and other information listed in the RFP, such as the field evaluation performed by the Department, SSG reports, and sewer system maps 2. Ordinances, pre-treatment programs documents, grease control procedures, etc. 3. Organizational charts 4. Software inventory 5. Training manuals RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 - 3 16Cl B. Field Observations Based on the staff interviews, specific field procedures will be selected for observation. Field observations will consist of the following: 1. Documentation of procedures and comparison to written standards 2. Measure of productivity 3. Evaluation of completed field activity 4. Quality control steps throughout activity, documentation, and quality measurement C. Assessment of Information Received and of Field Observations An analysis will be conducted of each of the following types of information: 1. Reference materials, such as written operational procedures, emergency response plans, and ordinances 2. Educational materials, such as training manuals 3. Staffing, including position descriptions and training and cross-training eligibility and frequency 4. Storage of documents and data, including accessibility and safekeeping 5. Extent of data by categories, such as history of work orders 6. Analysis of sample sets of data accuracy, type of information, and amount of information 7. Asset management, limited to determining the current method of depreciation and goals for upcoming study 8. Budgeting process limited to determining process by which the Department's funding needs are developed from its identified priorities 9. Relevance to CMOM 10. Documentation 11. Impact on other Department activities that share resources a. wastewater treatment and solids handling b. water reuse c. water distribution d. water treatment D. CMOM Compliance Status and Recommendations Based on the foregoing analysis, the City's CMOM compliance status will be determined. The difference between full CMOM compliance and the current status is the compliance gap. The virtual elimination of the gap will require implementation of actions prioritized in terms of resources, most notable funding and time. The closure of the CMOM compliance gap will require the following prioritized actions: 1. Enhanced documentation of O&M data, physical data, and procedures 2. Root cause or causes of SSOs 3. Adequacy of current emergency response plans and associated risks 4. Work flow modifications 5. Staffing 6. Data management 7. Rules and ordinances 8. Training 9. Development of measures and standards RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 - 4 16Cl 10. Asset valuation and depreciation 11. Incorporation of current and planned complementary activities: a. III projects b. Master planning c. Funding and rate studies for CIP d. Asset management 12. Effect of recommendations on other activities of the Department, such as water distribution E. Preparation of Deliverables Although county staff and the RJNIBC team will be working very closely on the project, with information being exchanged and results shared throughout the short schedule, there will be 5 distinct deliverables, as noted at the top of this section. 1. CMOM Assessment Report As the major deliverable, the CMOM Assessment Report will contain the methodology, conclusions and recommendations of the entire project, including a summary of the other deliverables: the Staff Optimization Plan and the results of each of the three Meeting Sessions. A draft report will be submitted for review and comments followed by the [mal report. 2. Staff Optimization Plan The Plan will be delivered at the third Meeting Session, and will be prepared largely from information obtained from the small group staff interviews, from specific documentation such as manuals, and from field observations. The Plan will focus on working smarter through improved procedures, technology, training, and goals definition 3. Meeting Sessions As a technology transfer meeting, the first Meeting Session will be conducted by the RJNIBC team as we convey to the attendees the status of the CMOM Regulations and its goals as they will affect Collier County. The information to be gained by County staff will be valuable throughout the project in terms understanding the RJNIBC methodology and evaluating our recommendations. As an information exchange and brainstorming session, the second Meeting Session will be facilitated by the RJNIBC team. This meeting will be the first major step in developing the recommendations. Furthermore, it will be a creative session for all participants. To maintain the freshness of ideas (avoiding burnout), it may be necessary to divide the second Meeting Session into two or more smaller sub-meetings. The third Meeting session will be mostly a presentation of the Staff Optimization Plan followed by a discussion of its implementation, particularly of staff resource issues such as technology (hardware and software) and training. The results of this session together with a summary of the Plan will be part of the CMOM Assessment Report. Mkt\prop\1707-1 R.JN Group, Inc. . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 - 5 ., ~'-_,--.. ~"...... ;i-;-, )....._ \~e .., ... ~ ";., ~ . F"'''---' ,-L..,{~ "'-"",,, l --. - _ ':-:~:t~~jf~~:':;;',~~-~~ - ,. : . - . K-.. '..'--'1. ..i"~. .: . -'.':.' ....~... .(,,',~ . . .. .. ~,.,- 16Cl EXPERTISE OF DESIGNATED STAFF KEY PERSONNEL The organizational chart below represents the RJN Team available to perform the Capacity, Management, Operations, and Maintenance and Staff Optimization Assessment for the Collier County Maintenance System. This team is available upon receipt of notice-to- proceed and has experience with similar Capacity, Management, Operation, and Maintenance Programs. Not only do the team members have significant tenure in this field, but they have previously worked together as an integral unit to successfully deliver quality information to clients like Collier County. RJN Group, Inc. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 2 - 1 16Cl PROJECT TEAM CREDENTIALS Below we have provided experience highlights for key members of the qualified RJN / Brown & Caldwell Team. Detailed resumes for the project team are following. Rodolfo B. Fernandez, P.E. - Project Manager - Having a Bachelor of Science Degree in Civil Engineering from Princeton University, Mr. Fernandez has over 32 years of experience in civil engineering. He has been with RJN for over 22 years and has managed RJN's Eastern Regional Office for more than 13 years. Mr. Fernandez is 1 of 5 Principal owners ofRJN since it became an employee-owned firm in 1995. He is a licensed Professional Engineer in the State of Florida, as well as in 12 other states. He has extensive experience in performing and managing every aspect of CMOM projects from inspection to engineering and design. During his 32-year tenure, Mr. Fernandez has successfully managed hundreds of projects throughout Florida and the East Coast, presented numerous papers for the Water Environment Federation, and received numerous industry awards. Further, he is well-known and well-respected in the industry and maintains an outstanding, professional relationship with all RJN clients. Mr. Fernandez is also Chair of the Florida Water Environment Association Collections Committee. He has extensive exper- ience in performing and managing every aspect of CMOM projects. Mr. Fernandez recently served as the Project Manager for the similar Coral Springs Pre-CMOM Study and is committed to serve as Project Manager for this project. He will ensure the project's success by enforcing proper management, staffing, budgeting and, scheduling-all of which will guarantee a successful project for the County. Mr. Fernandez recently served as the Project Manager for the similar Coral Springs Pre-CMOM Study. John S. Gresh, P.E. - Project Engineer - Mr. Gresh holds a Bachelor of Science Degree in Civil Engineering from the University of Virginia and has over 24 years of experience in the civil engineering field. He has been with RJN for over 17 years and has managed numerous projects and various RJN local offices throughout those years. Mr. Gresh is licensed to practice Professional Engineering in the State of Florida and other states. He is highly experienced in performing and managing all aspects of CMOM assessments. Mr. Gresh has presented numerous papers in the industry and operates as a "hands-on" Project Engineer. Mr. Gresh is highly experi- enced in performing and managing all aspects of CMOM assessments. Ronald S. Lynn, E.I.T. - Project Engineer - Mr. Lynn holds a Bachelor of Science degree in Environmental Engineering from the University of Central Florida, and has been with RJN for 9 years. Mr. Lynn has experience in sewer system evaluation and related field investigation. He served as the Project Engineer for the Coral Springs Pre-CMOM Study. Project responsibilities include field observations, data analysis and recommendations, project deliverables quality control, and report writing. RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 _ 2 16Cl .-.,,' Scott C. Rebman - Meeting Sessions Coordinator - Mr. Rebman has a Masters Degree in Education and has been with RJN for over 15 years. He is 1 of 5 Principal owners ofRJN since it became an employee-owned firm in 1995. Mr. Rebman has over 28 years experience in developing training activities and curriculum in adult education and computer education. At RJN, he has performed numerous onsite software installations, led work flow workshops, facilitated project implementation sessions, managed and directed information technology projects, and taught classes in all phases of CASS WORKS. He has also presented several industry papers at various trade shows. Roy Herwig, P.E. - CMOM Readiness and Compliance Analyst - Before joining Brown & Caldwell, Roy Herwig was employed as EP A Region 4 Municipal Infrastructure Compliance Program Manager, where he created the concept of Management, Operations, and Maintenance (MOM) Programs as a strategy to help utilities improve their operations and reduce SSOs. The Capacity element (the C in CMOM) was added later by the involvement of other EP A national and state regulators. He created the concept of Management, Operations, and Maintenance (MOM) Programs. Mr. Herwig's ideas were not developed in a regulatory vacuum; rather, they resulted from years of significant personal dialogue and professional interaction with utility managers and experienced industry experts about effective business practices and practical challenges facing wastewater agencies. The fact that many utilities, such as Collier County, are welcoming CMOM as sound business practice, are testaments to Mr. Herwig's practical understanding of CMOM compliance requirements. Richard Arbour - CMOM Readiness and Compliance Analyst - Mr. Arbour is a nationally recognized authority on wastewater O&M business practices. He is 1 of 2 primary co-authors ofEPA's draft guidance documents for conduction CMOM evaluations of wastewater plants and collection systems. He was hired by EP A Regions 4 and 5 in 2001 to teach regulators how to conduct CMOM audits. In addition, Mr. Arbour served as a technical expert to the Department of Justice for consent order enforcement cases in Baltimore, Miami,-Dade, Mobile, New Orleans, Honolulu, and San Diego, among other locations. He is 1 of 2 primary co- authors of EPA's draft guidance documents for conduction CMOM evalua- tions. Mkt\prop\1707-2 RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 - 3 ""'~,,~ "jl'l"""~'!f""'~''''''~'~;''"~:''''i'~'~':~''!''_' .,., . . " ,< ';'7 /',:. ,." ""~,.:~(i~i;;Z~:'~:0~~!~~,::i;::~:,~ ._, '~>ii.,.:}{.. , " . _'. ':":'<< ' " ";~:~,"<~>c::';-'~";~;;:-t:'.;*";.' :~'i ,::'1: 16t11 ItN EDUCATION BACKGROUND RELATED PROJECT EXPERIENCE ,. RODOLFO B. FERNANDEZ. P.I:. 16 Cl PROJECT MANAGER Bachelor of Science in Civil Engineering (l970, Princeton University) Mr. Fernandez has over 32 years of experience in civil engineering. He has been with RJN for over 22 years and has managed R]N's Eastern Regional Office for more than 13 years. He has extensive experience in performing and managing every aspect of CMOM projects from inspection to engineering and design. During his 32-year tenure, Mr. Fernandez has successfully managed hundreds of projects throughout Florida and the East Coast, presented numerous papers for the Water Environment Federation, and received numerous industry awards. Further, he is well-known and well-respected in the industry and maintains an outstanding, professional relationship with all RJN clients. Project: Pre-CMOM Study Client: City of Coral Springs, Florida Scope: Project Manager for a CMOM Assessment of the entire collection system in anticipation of the adoption of the CMOM Regulations. Led staff interviews, interpreted the data collected and developed recommendations, including costs and schedule. Project: Sanitary Sewer Evaluation Study Client: City of Jacksonville, Florida Scope: Principal-In-Charge for field investigation of sewer system. The project included smoke testing of2,OOO,OOO linear feet of pipe and inspection of750 manholes. Project: Sanitary Sewer Evaluation Survey Client: Brevard County Water Resources Department, Florida Scope: Project Manager for an III study including smoke testing, dye testing, manhole inspections, television inspection, and hydraulic modeling. Data was entered in CASS WORKS@ for analysis. Project: Sanitary Sewer Evaluation Survey Client: Florida Water Services, Lehigh Acres, Florida Scope: Project Manager for a project that included force main monitoring and gravity flow monitoring of wastewater collection system. RELATED PROJECT exPERIENCE (CONT.) REGISTRATIONS COMMITTEES Rodolfo B. Fernandez, P.E.... Project Manager (continued) 16Cl Project: Sanitary Sewer Evaluation Survey Client: City of Hall and ale Beach, Florida Scope: Project Manager for III studies and resident engineering services for system rehabilitation. Project: Sanitary Sewer Field Investigations Client: Gainesville Regional Utilities, Florida Scope: Principal-in-Charge for field investigation including smoke testing, manhole inspections, dyed water flooding, analysis, and design of sewer system rehabilitation. Project: Smoke Testing Program Client: City of Punta Garda, Florida Scope: Project Manager for smoke testing of 183,000 linear feet of sanitary sewer. Site photographs, detailed descriptions of all defects, and line segment lengths were provided for each line segment that was smoke tested. RJN updated City maps to include manholes and line segments and recommend a program to repair defects, which includes replacing or repairing cleanout caps, broken cleanouts, defective laterals, and sealing of all manholes. Project: Flow Metering Client: City of North Miami Beach, Florida Scope: Project Manager for flow metering project, which included metering for 21 days of dry-weather at 27 meter sites and metering for 40 days of wet-weather at 28 locations. The dry-weather flow metering included gravity flow meters to measure flow, level, velocity at each location, installation and removal of the meters, and weekly maintenance visits to each meter location. The wet-weather flow metering included installing, removing, and maintaining gravity flow meters. A graph the collected data for each meter site and transducer location was also included as a deliverab Ie. Professional Engineer, States of Florida, Georgia, South Carolina, North Carolina, Connecticut, Delaware, Maine, Maryland, New Jersey, West Virginia, Commonwealths of Virginia and Massachusetts, and the District of Columbia Water Environment Federation - Existing Sewer Evaluation and Rehabilitation Manual- Co-Author, 1994 Water Environment Federation - Collection Systems Committee - Member Wastewater Collection Committee for the Florida Water Environment Association - Chairman Water Environment Federation - Confined Space Entry - Collection Systems Appendix- Co-Author ~ EOUCATION BACKGROUND RELATED PROJECT EXPERIENCE JOHN S.. GRESH~ P..E.. PROJECT ENGINEER 16Cl Bachelor of Science in Civil Engineering (1980, University of Virginia) Mr. Gresh holds a Bachelor of Science Degree in Civil Engineering from the University of Virginia and has over 24 years of experience in the civil engineering field. He has been with RJN for over l7 years and has managed numerous projects and various RJN local offices throughout those years. He is highly experienced in performing and managing all aspects of CMOM assessments. Project: Pre-CMOM Study Client: City of Coral Springs, Florida Scope: Project Engineer for a CMOM assessment of the entire collection system in anticipation of the adoption of the CMOM Regulations. Participated in staff interviews, collected utility data such as work order samples and training manuals, and determined the gap between CMOM compliance and current status. Project: Sanitary Sewer Evaluation Survey Client: Brevard County Water Resources Department, Florida Scope: Project Engineer for an III study including smoke testing, dye testing, manhole inspections, television inspection, and hydraulic modeling. Data was entered in CASS WORKS@ for analysis. Project: Flow Metering Client: City of North Miami Beach, Florida Scope: Project Engineer for flow metering project, which included metering for 21 days of dry-weather at 27 meter sites and metering for 40 days of wet-weather at 28 locations. The dry-weather flow metering included gravity flow meters to measure flow, level, velocity at each location, installation and removal of the meters, and weekly maintenance visits to each meter location. The wet-weather flow metering included installing, removing, and maintaining gravity flow meters. A graph the collected data for each meter site and transducer location was also included as a deliverable. RELATED PROJECT EXPERIENCE (CONT.) REGISTRATIONS MEMBERSHIPS Mktlprop\1707jsg John S. Gresh, P.E. ... Project Engineer (continued) 16Cl .~ Project: Infiltration / Inflow Source Detection Survey Client: Cobb County Water System, Georgia Scope: Project Manager for III source detection survey for 498,000 linear feet of sanitary sewer. Used Global Positioning System (GPS) techniques to establish manhole position coordinates. Project: Infiltration / Inflow Reduction Program Client: Gwinnett County, Georgia Scope: Project Manager for county-wide flow marketing and field inspection program, including inspection of over 1,500 manholes to date. Included obtaining GPS data for manholes. Project: Sanitary Sewer Evaluation Survey Client: City of New Orleans, Louisiana Scope: Project included inspection of more than 700,000 linear feet of pipe and manholes and included analysis of flow data from 23 temporary meter sites in the Lakeview area. Project: Flow Monitoring CI ient: Montgomery Watson / City of Gainesville, Georgia Scope: Project Manager for flow monitoring services and data analysis of 18 meter sites. Project: Manhole Rehabilitation Client: Forsyth County, Georgia Scope: Project Manager for design project including a variety ofrehabilitation techniques for approximately 400 manholes Project: Sewer System Evaluation Survey and III Reduction Project Client: Allegany County Department of Public Works, Maryland Scope: Project Engineer for sewer system evaluation survey and III reduction project. The project included flow monitoring at 9 locations, TV inspection of 8,000 linear feet, smoke testing of 30,000 linear feet, dyed water tracing at 850 locations, manhole inspections at 100 locations, building inspections (500), public relations presentations, and rehabilitation recommendations. Professional Engineer, States of Florida, Georgia, Louisiana, and Maryland American Society of Civil Engineers Water Environment Federation IY'I EOUCATION BACKGROUND RELATED PROJECT EXPERIENCE . . RONALD S, LYNN) E,tT. PROJECT ENGINEER 16Cl t Bachelor of Science in Environmental Engineering (1994, University of Central Florida) tvfr. Lynn holds a Bachelor of Science degree in Environmental Engineering from the University of Central Florida, and has been with RJN for 9 years. Mr. Lynn has experience in sewer system evaluation and related field investigation. He served as the Project Engineer for the Coral Springs Pre-CMOM Study. Project responsibilities include field observations, data analysis and recommendations, project deliverables quality control, and report writing. Project: Pre-CMOM Study Client: City of Coral Springs, Florida Scope: Project Engineer for a CMOM Assessment of the entire collection system in anticipation of the adoption of the CMOM Regulations. Participated in staff interviews, collected utility data such as work order samples and training manuals, and determined the gap between CMOM compliance and current status. Project: Sanitary Sewer Evaluation Survey Client: Brevard County Water Resources Department, Florida Scope: Project Engineer for an III study including smoke testing, dye testing, manhole inspections, television inspection, and hydraulic modeling. Data was entered in CASS WORKS@ for analysis. Project: Sanitary Sewer Evaluation Survey Client: Florida Water Services / Lehigh Acres, Florida Scope: Project Manager for performing metering services and field inspections to detennine III within the collection system. Project consisted of metering during dry and wet weather with 7 gravity and 2 force main meters, smoke testing, manhole inspections, flow isolations, map updating, and system survey. Results, analysis, and rehabilitation recommendations were completed to reduce III. Project: Sanitary Sewer Evaluation Survey Client: City of Jacksonville, Florida Scope: Project Engineer for field investigation and design of sewer system rehabilitation. The project included smoke testing of2,000,OOO linear feet of pipe and 750 manholes. RELATED PROJECT ExPERIE.NCE (CONT.) mkt\prop\1707rsl Ronald S. Lynn, E.!. T. Project Engineer (continued) 16 Cl~. Project: Sanitary Sewer Evaluation Survey Client: City of Miami Beach, Florida Scope: Project Engineer responsible for project coordination of smoke testing and dyed water flooding, flow monitoring, manhole and television inspection, data analysis, project deliverables, client contact, and quality control of project billings. Project: Flow Monitoring - Peak Flow Study Client: Hialeah Department of Water and Sewers, Hialeah, Florida Scope: Project Engineer for mandatory Peak Five-Year Flow Study as set forth by the environmental agency for Miami / Dade County. Project consists of flow metering during dry and wet weather at discharge points to Miami / Dade. A Peak Five-Year Flow Study is being conducted so that the Miami / Dade can upgrade the current capacity accordingly. This project also consisted of additional metering at 12 sites that were considered problem areas for the City. Project: Citywide Flow Isolation Measurements - Infiltration Study Client: Hialeah Department of Water & Sewers, Hialeah, Florida Scope: Project Manager for mandatory determination of infiltration within the tributary areas to each of the City's 82 lift stations. There were 182 flow isolation measurements performed, followed by an analysis of each measurement. Project: Flow Metering Client: City of North Miami Beach, Florida Scope: Project Engineer for flow metering project, which included metering for 21 days of dry-weather at 27 meter sites and metering for 40 days of wet-weather at 28 locations. The dry-weather flow metering included gravity flow meters to measure flow, level, velocity at each location, installation and removal of the meters, and weekly maintenance visits to each meter location. The wet-weather flow metering included installing, removing, and maintaining gravity flow meters. A graph the collected data for each meter site and transducer location was also included as a deliverable. Project: Preliminary Analysis of Sanitary Sewer System and Pump Station Analysis Client: City of Homestead, Florida Scope: Project Engineer responsible for project coordination of smoke testing, dyed water flooding, and manhole inspection, data analyses, project deliverables, and project report. 16Cl ..1 Senior Consultant Roy Herwig, P .E. Assignment Technical Advisor I CMOM Expert Education Bachelor of Civil Engineering, Georgia Tech,1968 Master of Science Sanitary Engineering, Georgia Tech, 1970 Registration Professional Engineer No. 8409, Georgia, 1972 Experience 31 years Joined Firm 2001 Relevant Expertise . Clean Water Act regulatory experience with Georgia and EPA with emphasis on management, operation and maintenance of wastewater collection, transmission and treatment systems. BROWN AND' C A L D W ELL '. "" ~ i:;^' ",", ,,"~ "':;> "'~ Experience Summary Roy Herwig has 31 years of environmental engineering experience, having served with the Georgia Environmental Protection Division and with the United States Environmental Protection Agency as a staff engineer, program manager or program expert in the areas of wastewater treatment plant and collection system compliance evaluation, water quality standards, river basin planning, stream surveys, stream monitoring, non-point source control, and Clean Water Act enforcement. He developed the wastewater system management, operation and maintenance (tvlO:M) compliance program for EP A Region 4 which has become the model for EP A's CMOM draft regulation and is being used nationally by EP A regions and many State programs. Wastewater Treatment Program Manager and Senior Engineer for EP A and Geor;gia EPD. Conducted several hundred compliance inspections and technical assistance inspections of municipal wastewater treatment facilities throughout Georgia and the other southeastern States. These inspections emphasized treatment process control, flow measurement, operation and maintenance activities, record keeping and laboratory controls. Water Quality Assessment Program Manager and Senior Engineer for Georgia EPD. Conducted numerous stream surveys in Georgia to determ.ine pollution .impacts and to assess stream assimilative capacity as a basis for developing waste load allocations. Assimilative capacity studies included measurement of stream flow, time of travel, reaeration rates, oxygen uptake rates, and determination of flow regimes with emphasis on determining the 7Q10 low flows. Managed Georgia's water quality standards program, non-point source program and trend water quality monitoring network. Supervised aquatic biologists conducting studies of stream biota. Water Quality Planning Program Manager for Geor;gia EPD. Supervised the preparation of Georgia's river basin water quality management plans for all river basins in Georgia. The plans included the assessment of stream quality and the preparation of water quality models for all Georgia receiving streams. Models for major waterways were verified. The plans were submitted to, and approved by, EP A and served as the basis for NPDES permitting activities. Also supervised the development of area-wide water quality management plans for Atlanta, Macon, Chattanooga and Savannah. The Atlanta plan addressed wastewater and water supply and was a cooperative effort with Herwig_Roy Roy A. Het.& C 1 the Atlanta Regional Commission, Corps of Engilleers and EP A. Conveyance Systems Management, Operation and Maintenance (MOM) Program EP A Program Manager, Municipal Infrastructure Compliance Program. Developed and implemented the Management, Operation and Maintenance (MOM) program approach which has been adopted by EP A headquarters and which has received wide-spread acceptance by wastewater utilities as a sound business approach. Additionally, developed and carried out an implementation plan that resulted in the application of the MOM approach by more than 70 wastewater utilities throughout EP A, Region 4. Draft Sanitary Sewer Overflow (SSO) Rule EP A Region 4 Representative. As a member of the EP A/State Work Group, significantly contributed to the preparation of the draft SSG Rule. Federal Advisory Committee FederalAdvisory Committee {FAC)forSSO Poliry. Represented EPA Region 4 at all of the F AC meetings during the period from 1994 through 1999. Together with EP A headquarters staff and State representatives, provided technical and regulatory advice and counsel to FAC members as the FAC worked to develop recommendations to EP A for an SSG policy. Mobile Area Water and Sewer System, Alabama EP A Principal Compliance Officer. Reviewed and evaluated self-assessment of management, operation and maintenance programs related to the sewer system and wastewater treatment facilities, identified program deficiencies and negotiated the federal consent decree to bring the utility into compliance with the Clean Water Act and NPDES permit requirements. Contentnea MSD, North Carolina Public Assistance Engineer. Under detail to the Federal Emergency Management Agency (FEMA), assisted Contentnea MSD in recovering losses incurred during Hurricane Floyd. Activities included documenting flood damage at four pump stations and the regional wastewater treatment facility, preparing a damage assessment inventory, developing repair and replacement cost estimates, establishing a records management system, and completing and certifying FEMA and insurance company claim forms. As a result of the project, Contentnea MSD was able to recoup $1.8 million in damages in record time and received praise from FEIvfA for the professional manner in which the project was undertaken. Atlanta Department of Public Works, Georgia EPA Principal Compliance Officer. Conducted assessment of management, operation and maintenance programs related to the sewer system and wastewater treatment facilities, identified program deficiencies and negotiated the federal consent decree to bring the utility into compliance with the Clean Water Act and NPDES permit requirements. Herwi!L Roy 2 Roy A. HelpO C 1 Dalton Utilities, Georgia EP A Principal Compliance Officer. Conducted assessment of management, operation and maintenance programs related to the sewer system and wastewater treatment facilities, identified program deficiencies and negotiated the federal consent decree to bring the utility into compliance with the Clean Water Act and NPDES permit requirements. Miami-Dade Water and Sewer Department, Florida EPA Principal Compliance Officer. Conducted assessment of management, operation and maintenance programs related to the sewer system and wastewater treatment facilities, identified program deficiencies and negotiated the federal consent decree to bring the utility into compliance with the Clean Water Act and NPDES permit requirements. Members hi ps/Committees Water Environment Federation Collection System Committee, WEF CMOM Sub-Committee Grease Control Program Work Group American Society of Civil Engineers Pub licati ons/Presentations Grease Control Workshops, Local WEF Associations in Nevada, Florida, South Carolina, Tennessee, and Georgia, 2001 CMOM Workshops, WEF: Boston, MA; Montgomery, AL; Nashville, TN; St. Petersburg, FL; Charlotte, NC; and Salt Lake City, UT, 2000-2001 Instructor, Collection System O&M, Las Vegas, NV, 2001, sponsored by UNLV Honors Bronze Medal, United States EPA, 2000 Gold Medal, United States EPA, 1998 Engineer of the Year, United States EPA, Region 4, Engineers Association, 1998 Bronze Medal, United States EPA, 1996 Heno.n9_Roy 3 16Cl Richard Arbour Vice President Assignment CMOM Education Senior Engineering Science Certificate, University of Minnesota, 1970 (Additional college level courses in electrical and mechanical engineering and management) Experience 42 years Joined Firm 2001 Relevant Expertise · Operations, maintenance, and management of water and wastewater utilities. BROWN AND ~ CALDWELL. > "",-", '" 'ii:' Experience Summary Rick Arbour has more than 40 years of experience including 14 years in the United States industry, 15 years in a large public utility and more than 11 years as an independent consultant. He is a nationally recognized expert in all aspects of operation, maintenance and management of water distribution and wastewater collection systems. His clients include consulting fIrms, water and wastewater utilities, federal and state regulatory agencies, universities, international funding agencies. He has provided services on projects throughout the United States, Canada, Mexico, and South America. Capacity, Management, Operations, and Maintenance Program, County Sanitation District 1, Sacramento County Collection Systems O&M. The CSD-l collection system contains approximately 2,500 miles of trunk sewers, 950 miles of service laterals, and 100 pump stations. The CMOM program includes a detailed audit of existing practices, development of strategies and priorities for filling gaps identifIed during the audit, and preparation of CMOM plan document. The project includes workshops with a task force of key managers from CSD-l. This helps ensure that the CMOM addresses all aspects of CSD-l and that the resulting CMOM plan meets CSD-l's goal of implementing asset management. The project also includes addressing key gaps found during the audit and assisting CSD-l in implementing the CMOM plan throughout the district. Implementation will utilize the Balanced Scorecard technique, which incorporates a holistic approach in setting goals and metrics within an organization. Augusta Georgia Utilities Department, Georgia Assisted in the development of collection system maintenance management implementation plan required by the Georgia EPD consent agreement. Performed management, operations and maintenance assessment. Mobile Area Water and Sewer System Board, Alabama Assisted in the development of a CMOM program and provide technical support during discussions with state and federal regulatory agencies. Pima County Wastewater Management, Tucson, Arizona Performed a Management, Operations and Maintenance Assessment of the Field Operations Division (Collection System). County Sanitation Districts Orange County, Orange County, California Provide services for the collection system operations and maintenance worker competency task measurement and performed a CI:v10M assessment. Sacramento County Sanitation District-, Sacramento, California Assisting on the Grease Impact Assessment Rehabilitation Project for Sacramento CSD l's collection system. Richardlb6 C 1 Greenwood Sanitary District, Greenwood, South Carolina Provided and assisted in developing a comprehensive regional O&M program for Greenwood Sanitary District's collection system. EPA Guide for Management, Operation and Maintenance Programs Developed an EP A Guide for Evaluating Management, Operation and Maintenance Programs for Wastewater Collection Systems. Dublin San Ramon Services District, California Assessed the wastewater collection system operations and maintenance review. Metropolitan Airports Commission, Minneapolis St. Paul International Airport Performed an assessment of the storm and sanitary sewer systems and develop Standard Pump Station Design Guidelines. United States Department of Justice, Section of Environmental Enforcement, County of Maui, Hawaii Expert witness to evaluate the County of Maw's collection system operation and maintenance program and its impact on Clean Water Act violations. Mobile Area Water and Sewer System Board of Commissioners, Alabama Performed a water distribution and sewer systems wide O&M management assessment. A follow-on project is unde!\Vay to assist in the implementation of recommendations. City of Chickasaw, Alabama Utility Board, Alabama Performed a collection system regulatory compliance assessment. City of Atlanta, Georgia Provided technical assistance to the US EP A during negotiations with the City of Atlanta consent agreements. United States Department of Justice, Section of Environmental Enforcement Expert witness to evaluate the New Orleans Sewerage and Water Board's operation and maintenance program and its impact on Clean Water Act violations. Wastewater Collection System Division, City of San Diego, California Assess wastewater collection system O&M program including pump stations and gravity sewer maintenance programs, grease control, and organization, staffing and budgeting. Miscellaneous Primary author of Collection Systems: Methods for Evaluating and Improving Performance publication with Dr. Kenneth Kerri, California State University, Sacramento, funded by a US EP A grant. Currently serving as an advisor to the EP A on Sanitary Sewer Overflows and the operation and maintenance of collection systems. Recently completed revision of Volumes I and II of the Operation and Maintenance Of Wastewater Collection Systems Field Study Training Program , BROWN AND, CALDWELL ~ ,~ "^, ~x o{,,~ 2 RiCha~ 1 for California State University, Sacramento, for publication of the fifth edition. The Erst editions of these manuals were produced under a USEP A grant in 1976. Developed and is instructing annually a 2-1/2 day Basic Collection System Course for the J:v1innesota Pollution Control Agency, including a 300 page manual for operator training in :Minnesota. BROWN AND CALDWELL, i , d 1 , ~ < "i '" .<-/. 3 ~~...'1tt~t""'"~n ~f-~- "r.' - < ~1"'1""""""". ~,c.".".. ~~":"'""~'~~'':' -:Y.~'_~"","'":T';-:'''' ~.,',' J~.Fi;6 c1' '. --"'".""',.,'--....._j"'""',._--"-._.-,-"._~- '",""~' BROW" A~D; CALDWELL ;' - - Wesr Side Plaza II 8300 NW 33rd Saee!, Suite 100 Miami, Florida 33122 16Cl Tel: (305) 418-4090 Fax: (305) 418-4924 www.brownandcaldwelI.com January 8, 2004 }Vfr. Rudy Fernandez, P.E. FJN Group, Inc. 2209 West Hillsborough Blvd. Deerfield Beach, FL 33442 Subject: Notice of Intent to Team on Collier County, RFP # 04-3598 "Professional Engineering Services for Capacity, Management, Operations and Maintenance Staff Optimization Assessment for Collier County Wastewater System" Dear Mr. Fernandez: The purpose of this letter is to provide you with a Notice of Intent to participate with RJN Group on the subject project. We look forward to participating with your firm on this very important project. Very truly yours, BROWN AND CALDWELL /i t'/itj A' . - / . ;,.f-t~ vr/~. Stuart Oppenheim, P.E. Vice President, Florida Operations P:\BD\misc\Rudy F 1-7-04.doc Enuironmental E n g 0- Consultants l/ e e r s 5_._. -.." . ~ '-.-': ,.... '-'..p. .' -:...,., ,.,,-,. , '''......;,0 ?;j'~ '-C~-i~"'~~~_~: """. Cl PREVIOUS PERFORMANCE ON SIMILAR .JOBS COMPANY BACKGROUND Established in 1975, RJN Group, Inc. has earned national recognition as a professional engineering consulting fIrm and fIeld services provider. We provide services for the evaluation, planning, design, construction inspection, and maintenance management of municipal infrastructure systems. RJN specializes in the areas of wastewater, stormwater, water, transportation, and information management. As an employee-owned firm RJN has built a su- perior reputation for innovative engineering solutions that are on-time, within budget, and client- focused. As an employee-owned firm, RJN has built its reputation on innovative engineering solutions that are on-time, within budget, and client-focused. As an employee-owned firm, the success of every project is of importance to all RJN employee owners. Through effective communication, our employee owners maximize the potential for mutual success, not just for our company, but the industry as a whole. This client-driven approach has resulted in a high percentage of repeat business - accounting for more than 80 percent of our revenues in 2003. It is this combination of professional excellence, technological expertise, and commitment to long-term solutions that enables us to provide the highest quality and most flexible services to our clients. RJN has a reputation of excellence in 550 reduction engineering projects CMOM PROGRAM EXPERTS The RJN / Brown & Caldwell Team is intimately familiar with the CMOM initiative (Capacity, Management, Operation, and Maintenance Program) and our approach to field services is compatible with the guidelines contained therein. Within the current revision of the Proposed Rules, RJN played an integral role on four of 6 representative cities profiled in the document. Our staff has the ability to assist municipalities with the 5 fundamental goals of CMOM: . Properly manage, operate and maintain, at all times, all parts of collection system . Provide adequately capacity to convey base flows and peak flows for all parts of the collection system . Take all feasible steps to stop and mitigate the impact of sanitary sewer overflows RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 - 1 16Cl . Provide notification to parties with a reasonable potential for exposure to pollutants associated with the overflow event . Develop a written summary of the CMOM program and make it and the self audit available to any member of the public upon request REFERENCES The RJN / Brown & Caldwell Team has significant experience to complete this project. The proposed Project Manager, Rodolfo B. Fernandez, P.E., recently completed a Pre-CMOM Study for the City of Coral Springs, Florida. The intent of the Capacity, Management, Operations and Maintenance and Staff Optimization Assessment of the Collier County Wastewater System is very similar to the project from which the Coral Springs study was based. We have provided a copy oftbe paper Mr. Fernandez presented for this study at the end of this section. Also, the following table provides references for relevant projects, all of which were completed on time by the RJN Team members. 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"" = e = C -..; ..c Q., ~ =eoe.s ~ ~~= o.E!~Q.,~ =u~!J..s . . e :.: l-o ~ o l-o ~ ~ o ~ u o ..... = ~ S ~ l-o ~ ~ Gf) ..0 r::: o r- - 16Cl '.~'~<'!1~~:1 , '. ~,:,':,>:;:~,., 1601 16 Cl .'1 The Pre-CMOM Study Rudy Fernandez, P.E. RJN Group, Inc. 2209 W. Hillsboro Boulevard Deerfield Beach, Florida 33442 INTRODUCTION Launching a CMOM Study appears to be an overwhelming, expensive, and somewhat mysterious undertaking. CMOM is a new requirement, so many utility managers are understandably apprehensive of authorizing the study and unsure of properly budgeting for it. This paper will present the methodology to conduct a preliminary study, not to begin the full CMOM study, but to assess the current status of compliance. The comparison of the results of the Pre-CMOM Study to the CMOM requirements will become the scope of work of the full CMOM Study. This paper will address the methodology as employed for the city of Coral Springs, Florida. Coral Springs is located in South Florida, approximately equidistant from Fort Lauderdale and West Palm Beach. Coral Springs has a population of 112,000 (2002) plus an extensive business community. The Study is comprised of the following major elements: 1. Interviews and Information Research. Interviews of management and supervisory staff to identify the location, extent, and depth of information available for the study. Available information is being cataloged in terms of media (hard copy, electronic copy, anecdotal, etc.), purpose, quantity, and accuracy level of confidence. 2. Data Review and Assessment. Review of a sample of each type of data to assess its relevance in the full CMOM Study. This includes review of electronic spreadsheets, field forms, procedural manuals, maps (electronic and paper), suppliers catalogs, etc. 3. CMOM Compliance Status. The status of each major element ofthe CMOM Regulation in terms of work completed and work remaining. In addition, the effort to achieve compliance is being estimated, together with a schedule based on current manpower and other City resources. 4. Status of Current Documentation. Determination of the needs for CMOM compliance documentation by comparing the status of current compliance to the current level of documentation. This includes estimating the effort and scope of work that would be necessary to create an intelligent GIS, including water and sewer layers, creating a record for each structure, establishing a preventive maintenance program, and integration with GIS. The gap in documentation is being identified in terms of records of work produced, descriptions of procedures, inventory of physical assets and parts inventory, etc. 16Cl 5. Financial Issues. Review of the City's current procedure for asset management and depreciation in light of the GASB 34 requirements. This work includes modification of the City's wastewater collection system inventory updates to transform the database as a resource for other City functions. 6. Study Report. The report presents a matrix of the major CMOM elements investigated and their respective status in terms of work completed, work to be done, status of documentation, staffing requirements, and estimated costs. The report will also present a scope of work for the full CMOM Study. The topics that will be studied in the project are as follows: . Performance Goals and Measures for Customers . Organizational Structure of Utilities Department 1. Positions 2. Responsibilities . Training Programs 1. O&M 2. Safety 3. Confined Space Entry 4. Others . IMS, Mapping, and GIS \ 1. Operations and Maintenance 2. Customer Complaints 3. Creation of Intelligent GIS 4. Information Available to Users . O&M Performance Indicators 1. Cleaning 2. Grease Control 3. Customer Complaints 4. Payments to Broward County 5. Odor Control 6. Others . Engineering Programs 1. Design Standards 2. Rehabilitation/Construction Program 16Cl . System Inventory 1. Gravity Sewer 2. Force Mains 3. Pump Stations . SSES Activities 1. Flow Monitoring 2. Manhole Inspections 3. Smoke Testing 4. Dye Testing 5. Television Inspection 6. Analysis and Design 7. Rehabilitation 8. Capacity Assurance . SSO Reporting and Notifications 1. Types of Notices 2. Roster of Interested Parties 3. Procedure . Equipment, Vehic1es, Tools, and Supplies 1. Inventory 2. Repair . Customer Service 1. Complaint Tracking 2. Billing System . Public Education and Information Program . Ordinances 1. Types 2. Enforcement Structure . Pre-Treatment Program 1. Inspection 2. Enforcement 16Cl . Emergency Response Plan . ROW Maintenance and Equipment Access The specific types of information gathering and findings are presented below. STAFFING The staffing composition at the City of Coral Springs is well documented. A Department of Public Works Utilities Division organizational chart is contained within the Triennial Engineering Report for the City of Coral Springs as reported by Eckler Engineering (the City's utility consultant). As the name implies, the Triennial Report is prepared every three years for the purpose of evaluating all elements of he City's operations. It is a valuable tool for bond investors, and as a result, the City enjoys the coveted AAA rating. The report lists current position titles within the collection system, from the Director of Public Warks to the position of utility technician on the Lift Station Team. The utilities employee listing contains the name, position, and contact number of each employee. The field operation position descriptions contain a brief explanation of each wastewater field operation position below that of the Field Operations Superintendent as shown on the organizational chart. A Departmental Orientation Checklist is signed by new employees acknowledging having received orientation in the various policies and procedures set forth by the City. For example, two checklist items are proper use of safety equipment and the establishment of employee goals/objectives. TRAINING PROGRAMS There are numerous training programs in which the City's Public Works Department participates or conducts. Most notable are: . Citywide Safety - The Safety Committee meets monthly. . Work Zone Safety- The Department sends its employees to the Florida DOT Work Zone Safety Training within the employee's first year. . Annual Safety Training - Administered by the Human Resources Department regarding safety and health issues. . Confined Space Entry Training - Conducted annually by the Human resources Department for all field personnel. . Safety Related to Trenching and Shoring - Training will be implemented by the Human Resources Department as of April 2003. . Public and Customer Service Training - All personnel are trained by the Human Resources Department. 16Cl COLLECTION SYSTEM INVENTORY The wastewater collection system consists of approximately 3,164 manholes, 129 miles of gravity pipe, 32 miles of force mains, and 49 lift stations. A listing of the lift stations and manhole count within each station was generated from the GIS that RJN recently created for the city from AutoCAD maps. The list includes a count of the line segment structures and pipe length by pipe diameter. The Triennial Engineering Report prepared by Eckler Engineering for the City, greatly details the sanitary sewer collection system and its components. The Triennial Report contains the following: . Current state of collection system . Evaluation of the system . Rehabilitation work performed · Historical Water and Wastewater Average Daily Flows from January 1989 to January 2000 · Historical Monthly Water, Wastewater, and Rainfall Data from January 1989 to January 2000 · Historical Wastewater Average Daily Flow and Reserve Capacity from January 1989 to January 2000 as it relates to the Large User Agreement . Detailed lift station information such as wetwell diameter and depth, pump manufacturer and horse power, and pump capacity · Detailed lift station improvements from 1999 to 2001 . Liner projects completed · Rainfall, Average Daily Flows, Peak Flows, etc. from 1989 through 2001 for each discharge point to Broward County . Standard details of the collection system All of the City's wastewater is eventually pumped to a wastewater treatment plant owned and operated by Broward County. Under the agreement with the County, the City can transport up to 9.79 mgd of wastewater to the County's collection system. The current reserved capacity was established in April 1996. The City not only monitors the wastewater output to the County to ensure compliance of the capacity limit on a daily basis, but also monitors the pumping rates during peak flow periods to comply with the Large W ater User Agreement. The County posts daily on its website the flow recorded at the County's East, West, and Turtle Run Pump Stations, which record all the flow from the City's collection system. The posted flow is input daily into the Monthly Wastewater Flows and Water Usage spreadsheet, which enables the City to track flow to the County on a daily and monthly basis and to monitor peak flows. The City has not approached the peak flow allowable by the Large Water User Agreement since its implementation, but has been close in terms of the allowable 9.79 mgd. In March 2003, the 16Cl f . ~, :: City averaged 9.09 mgd for the month. The flow averaged over 11.33 mgd for a nine-day period during the month, which included significant rain events. SANITARY SEWER EVALUATION SURVEY ACTIVITIES The City is proactive in Sanitary Sewer Evaluation Survey (SSES) activities as part of its preventative maintenance program. Preventative maintenance is performed as a means of keeping the collection system operation efficient, reduce infiltration and inflow (III), and save money by proactively repairing system defects before they degrade to emergency status. The pump station telemetry system monitors pump run times at each of the 49 pump stations. The collected data is reviewed daily by the City staff for anomalies, such as unexpected high run times. In particular, the City monitors the run times from 2 a.m. to 4 a.m. when domestic flow is minimum and the flow is considered infiltration. These runtimes are recorded into the weekly Early Morning Pump Runtime Minutes From 2am to 4 am spreadsheet. The spreadsheet not only records the runtimes, but also the weekly average runtimes, average gallons pumped, and rank by severity according to gallons pumped. As part ofthe preventative maintenance program, lift stations are inspected weekly, quarterly, semi-annually, and annually. For example, since the telemetry system will notify the City if a pump is not functioning correctly, a weekly visit consists of making sure each pump station is secured and maintained. For the quarterly, semi-annual, and annual lift station preventative maintenance, the inspections are split into two parts; maintenance and instrumentation. Each part has separate tasks from each other. The quarterly, semi-annual, and annual preventative maintenance work orders also consist of different tasks from one another. For example, the quarterly lift station maintenance inspection includes; . Blowout bubbler tube . Lubricate bubbler pump . Remove and clean condenser The quarterly instrumentation inspection includes; . Record megaohms on motors . Record amps draw on motors . Inspect all cables The Management Information System section that begins on page seven expands on the lift station inspection as part of preventative maintenance work orders. The system is cleaned and televised as necessary based on results from the telemetry system, customer complaints, visual inspection, etc. When there is a blockage, sewers are cleaned to restore flow. Some sewers are cleaned regularly (more frequently than annually) because they are known to be subject to blockages. All sewers are cleaned before television inspection. 16Cl Manhole inspections are performed during television inspections and corrective actions performed if needed. The crew performing the inspection is required to complete a Manhole Investigation Form. Smoke testing and corrective action resulting from the testing was last completed in 1992. Only incidental dye testing is performed. No full system SSES has been performed since the 1980's, nor significant temporary flow monitoring, although the City recently purchased five open channel flow meters. REHABILITATION Identification of rehabilitation needs is determined from preventative maintenance activities and analysis of telemetry system data. The analysis helps determine priority of other activities, such as television inspections. Pipe and manhole rehabilitation repairs are usually determined from television and manhole inspections. The City spends approximately $500,000 annually in pipeline rehabilitation, mostly in trenchless technology. Manhole rehabilitation typically consists of grouting and epoxy interior coating. EXISTING PUBLIC EDUCATION AND INFORMATION PROGRAMS There is no centralized program for the public obtaining information regarding the wastewater collection system other than calling the Department. The Human Resources Department trains personnel on working with the public and on customer service training. l\USCELLANEOUS The pre-treatment program is managed by the County, which periodically tests the wastewater discharge from the City to monitor pre-treatment compliance. The Sewer Ordinance is enforced by the Code Enforcement Department, but only after a referral; that is, there is no proactive code enforcement by the Public Works Department. There is no ordinance for private systems. Grease control consists of restoring flow within a sewer line; there is no separate FOG (fats, oil, and grease) ordinance. Odors from the sewer system have not been a problem. The vast majority of sewers are in the streets and easily accessible, and there are no sewers on wooded or unimproved lands. A small percentage of the sewers are on ROWs where access may have been made limited by homeowner plantings and temporary structures. These conditions are noticed during sewer maintenance activities and are reported to the Code Enforcement Department. EQUIPMENT AND INVENTORY The City maintains a regular maintenance program for all its equipment. The inventory of the equipment, including vehicles, is divided among three crew chiefs. It is their responsibility to maintain the equipment assigned to them. For example, vehicles are taken bi-monthly to Fleet Management for light maintenance (such as fluid checks), arrow board operation checked, and 16Cl startup/check of generators. Once completed, the tasks are recorded in the Yearly VehiclelEquipment PM Check List spreadsheet. In addition to bi-monthly vehicle maintenance, yearly maintenance with full inspections are completed and tracked. The Fleet Management Division performs all repairs of vehicle equipment. EMERGENCY RESPONSE PLAN The Department does not currently have a documented Emergency Response Plan. Procedures are in place for responding to emergencies regarding the collection system, such as a force main break, but there is no documentation for the procedures nor for equipment, materials, etc. that are needed. Emergency response plans should be modified to include establishing procedures and notification to proper authorities of Sanitary Sewer Overflows (SSO). No SSOs have resulted from excessive extraneous flow into the system. ENGINEERING The Engineering Department is responsible for updating the City's electronic mapping system. The City maintains design standards for the sanitary collection system, which includes pump design and installation, pipe replacement, and new connections. Eckler Engineering incorporates new state and county requirements as they are instituted. New construction is built to standard specifications established by the City and approved by a registered professional engineer. Existing construction consists mainly of pump station upgrades, corrective maintenance, and new lateral tie-ins because there is little land on which to build new facilities or residences. Standard engineering practices are used for determining pipe size and pump capacity. The City and Eckler Engineering inspect new construction and both are present during testing by contractor. Construction inspection and testing are conducted according to the City's documented procedure, which is important in ensuring that new construction does not contribute to future operation and maintenance problems. No operational/modeling analysis is being implemented or is necessary because there is limited room for growth within the City, preventative maintenance is successful, and design standards are established. PERFORMANCE INDICATORS Prior to 2002, there was virtually no historical data with which to develop performance goals or indicators. In 2002, the City significantly increased the proactive aspects of its management, operations, and maintenance of the collection system. One of the changes was to document actions and results. For example, the preventative maintenance hours dedicated to the sanitary sewer system are now tracked as a percentage of the overall field operations hours. The goal is to have the preventative maintenance hours meet or exceed 30 percent of the total field operation hours. 16Cl The City has set goals for response and completion times related to customer problems and for other maintenance: 1. Emergency - respond and complete within one day 100 percent of the time. 2. Urgent - respond and complete within three business days 90 percent of the time 3. Routine - complete within 14 business days 90 percent of the time 4. Scheduled - complete on time within 90 percent of the time The City is currently working on a method of tracking goals set for the response and completion times through their Infrastructure Management System. The City also has a preventative maintenance goal of televising 7,000 linear feet/crew/month, but cannot hold personnel to the goal when it is not met because of priority corrective maintenance. . The number of customer problems/complaints are recorded, but not to the extent of frequency of a particular type of problem/complaint. It is alsq not necessarily a trackable process, since not all calls require a work order to be generated or an initial investigation has to be completed to determine the root of the problem/complaint. The staff is also trained to troubleshoot calls when they are received to eliminate unnecessary work orders. MANAGEMENT INFORMATION SYSTEM The Public Works Department has been using CASS WORKS for its Infrastructure Management System (IMS). CASS WORKS is used to maintain an inventory of the sanitary sewer structures, track preventive maintenance performed, and maintain a history of the repairs. The Department has begun recently to generate Work Orders for corrective maintenance action and to schedule preventive maintenance. This effort includes data entry, report generation, special queries of the database, database management, and other activities necessary in the full implementation of an IMS. Keeping up with this new workload has not been uniformly successful because no new staff has been assigned. Work Orders are classified as follows: 1. Emergency - must be started within 24 hours 2. Urgent - to be completed within seven days 3. Routine - to be completed within two weeks 4. Scheduled - to be completed within 30 days to 60 days (dependent on type of preventive maintenance and non-scheduled corrective maintenance activities) Once classified, Work Orders are logged within CASS WORKS with a start and completion date, activities performed, personnel and equipment used, labor hours recorded, and cost generated for completing the task. Upon completing the work and closing of the Work Order within CASS WORKS, the equipment and personnel used are listed, the hours completed recorded, and costs for equipment and personnel calculated. This process of generating Work Orders through the IMS has the added benefit of enabling the Department to track labor hours by Corrective Maintenance Activities or by hours associated 16Cl with the Preventative Maintenance Program. The tracking assists the Department in monitoring the performance goal of preventative maintenance hours meeting or exceeding 30 percent of the total field operation hours, as previously mentioned. The hours are tracked by the Department in a detailed spreadsheet by task from the hours recorded in Work Orders from the IMS. Examples are hours logged for emergency work orders for Water and Wastewater Network Repair and Construction Activities under Corrective Maintenance and hours logged for chemical grouting for the Wastewater Collection System Maintenance and Infiltration Reduction Program under the Preventative Maintenance Program. For each preventative maintenance task, the number of staff hours is totaled and the percentage to overall labor hours is calculated. A percent total of all preventative maintenance hours to overall labor hours is also determined. Preventative maintenance hours are also tracked through a series of spreadsheets setup in Microsoft Access, which tracks by month the percent of net preventative maintenance hours to overall labor hours and lists the target goal. The spreadsheets also track percent of hours by type, such as emergency, urgent, preventative maintenance, etc. The total labor hours are obtained from timesheets and the individual task hours from CASS WORKS. Work Orders for lift station preventative maintenance include the following: . Completed weekly lift station maintenance, which includes stations to be visited, tasks to be performed, equipment and personnel used, hours recorded, and cost to perform completed work. . Completed preventative work for lift station maintenance and instrumentation, which includes tasks to be performed, equipment and personnel used, hours recorded, and cost to perform completed work. . Semi-annual preventative work for lift station maintenance, which includes work to be performed. . Annual preventative work for lift station instrumentation, which includes work to be performed. CASS WORKS is being used to manage the types of inventory but not the quantity, at this time. It is the crew leader's responsibility to make sure that sufficient parts and supplies are available, as well as being in good condition, to perform work as needed. This responsibility extends to reserving parts that are needed for a future work order, as may happen when a critical piece is back-ordered. FINANCIAL Customers are charged for wastewater service on the same bill as for water service. Specific information on the billing system is available at the Finance Department. There has been no increase in the sewer rate since 1992. A study is done every 3-5 years to review the rate. The City pays the County $1.77411,000 gallons for treatment and transmission of the City's sewer flow. After review of the County invoice, payment is issued by the controller's office. 16Cl GASB 34 implementation is based on the straight line depreciation method that consists of taking the construction price of an asset and dividing it by the operational life to obtain a depreciation rate. The rate is used to depreciate the asset over its operational life. The depreciated value becomes a liability. The City has an excellent AAA bond rating, which means it commands the lowest rate in the bond market. In some cases, capital improvements are paid in cash. CONCLUSIONS AND RECOMMENDATIONS The City is well prepared to undertake a complete CMOM study. The City has good documentation in certain cases and is otherwise in the process of collecting historical data. The material contained in the Triennial Engineering Report for the City is an excellent source of information. Not only does it contain standard details ofthe components of the system, but also hydrographs, detailed pump station information, and rehabilitation performed. The City maintains a comprehensive Preventative Maintenance Program. The City performs preventative maintenance on the collection system and on its equipment. Just as important, the City documents the tasks and labor involved and completed to implement its Preventative Maintenance Program. Attached is a matrix that lists the topics discussed in this report, status of implementation, and the extent that it is documented. An O&M manual prepared in 1988 has dated information, but it provides a good starting point for the structure of the full CMOM study. A sample outline based on the O&M manual is included. The location of all documentation/information, whether paper based or electronic, should be documented and centralized. Staff is knowledgeable of what to do, even in an emergency, but if a key team member is unavailable, the operation may be inefficient at best because of the lack of a centralized database. There is no documentation for the procedures or for equipment, materials, etc. that are needed for the following emergency response plans: 1. Pipe collapse 2. Power outage 3. Force main rupture 4. SSO Documentation procedures should be established for the above emergency response plans, which should include notification to proper authorities for Sanitary Sewer Overflows (SSO). An area of concern for the Public Works Department is the continuous high pump run times in areas where pipe rehabilitation has been completed. This is going to be addressed by installing gravity flow meters upstream of lift stations with continuous high run times. This will have the effect of subdividing lift station tributary areas to isolate infiltration. 16Cl It is recommended that the City perform a citywide smoke test inspection, since it has been eleven years from the last time one was completed. This was also a concern expressed by the Utilities Field Operations Superintendent; however, the Department does not have the manpower to conduct smoke testing without jeopardizing its preventative maintenance program and corrective activities. The City needs to continue to work on a method of tracking goals set for the response and completion times through the Th1S. It is recommended that the Public Works Field Superintendent review design documents regarding new construction or upgrades. The purpose ofthe review would be to identify if unnecessary operational and/or maintenance tasks are being designed in. The GASB 34 straight line depreciation method is simpler to implement, but the modified method could offer an advantage in reducing the liability for asset replacement. Each method should be analytically compared to each other, at least on a sample basis. There was a difference in the recorded number of manholes in the Triennial Report and from the GIS project currently in progress. There were 4,634 manholes recorded in the Triennial Report and 3,164 manholes from the query used in the GIS project. It is recommended that the difference be reconciled. To fully use the City's IMS as a management tool, a technician should be totally dedicated to the system. After proper training, the technician will be able to train others in specific tasks, assist with data entry, create general reports, and manage the database. A complete physical inspection of the collection system has not been performed since the 1980's, therefore a City-wide SSES should be performed, starting with telemetry data, supplemented by the City-owned meters, followed by field activities such as flow isolations, manhole inspections, etc. At the very least, the entire City should be smoke tested and basin specific flow monitoring performed. These operations, including data analysis, can be supported by outsourcing. 16Cl CMOM Requirement Status Heading Exists Status of Implementation Documented Staffing Organizational Chart X Complete Yes Certification Listing X Complete Yes Employee Listing, Position, Contact No. X Complete Yes Field Operation Position Description X Expand on job description; include job qualification, Yes physical demands, and working conditions Departmental Orientation Checklist X Complete Yes Training Programs Citywide Safety Committee X Complete Yes W orkzone Safety X Complete Yes Annual Safety Training X Complete Yes Confmed Space Entry X Complete Yes Trenching and Shoring Safety X Will be implemented by end of April 2003 I n Process Public and Customer Service Training X Complete Yes Existing Wastewater Collection System** Collection System Inventory X Complete Yes Distribution of Gravity Pipes by Diameter X Complete Yes Lift Station Map Location X Complete Yes Large Water User Agreement X Complete Yes Monitor Flow Compliance and Peak Flows X Daily Yes Public Education and Information Programs No centralized program No Pre-Treatment Program Managed by BCOES Yes Sewer Ordinance X Enforced by Code Enforcement Department Yes Right of Ways (ROWs) X Observed during maintenance activities, enforced by Yes Code enforcement Department, documented on drawings Equipment and Inventory X Inventory is documented and maintenance performed Yes as part of PM Program Emergency Response Plans X Procedures exist, but are not documented No Sanitary Sewer Evaluation Survey Preventative Maintenance (PM) Program X Complete - which includes PM of collection system Yes structures, equipment, and vehicles Lift Station Telemetry X Daily Yes Lift Station Inspection X Performed as part of PM Program Yes Pipe Inspection X Pipe inspection and cleaning ongoing as part of PM Yes Program Manhole Inspection X Ongoing as part of PM program Yes Smoke Inspection Smoke testing last completed over 11 years ago, implement system wide smoke testing Rehabilitation X Ongoing as part of PM program Yes ** Triennial Report is an excellent source of reference Heading Engineering Design Standards Construction Performance Indicators Preventative Maintenance Program Hours Customer Service Track Response and Completion Times TV Inspection Customer Problems/Complaints Management Information System Infrastructure Management System (IMS) Work Orders Geographic Information System (GIS) IMS Inventory Tracking Financial GASB 34 Implementation 16Cl CMOM Requirement Status Exists Status of Implementation Documented X Complete - County and State requirements updated by Yes Eckler Engineering X Procedures are followed as documented by Engineering Yes Department X Historical data now being collected and tracked Yes X Goals set for response and completion times Yes Department currently working on setting up a tracking schedule X Maintenance goal has been set as part of PM Program Yes X Problems/complaints recorded, but not easily trackable Yes X City uses CASS WORKS as its IMS for such tasks as, Yes maintain an inventory of the sanitary sewer structures, track preventive maintenance performed, and maintain a history of repairs X Historical data now being collected and tracked Yes Currently being implemented In Process Being conducted manually X Implemented by Controller's office Yes IK:"'-----" .:-. " f!i<- -, . -~,..'~"" -t' i:~ ~:;::..:?~~y~~5,::'~-;"\-\.-.- .: -~,. "'~_ . r t-!~-p~-~r:.~.I'L:--'\€t.,r:I-f:;~: - '. ' . _ ~, .-:-~'.~-',"";'. ....?.....~:.:i:::';_ -r "" -" 'A:_: OF;FICE LOCATION & -' - - _...- - - ._, -- RE'SPONSIVENESS 16Cl OFFICE LOCATION - RJN Group, Inc. - Prime 160 S.W. 12th Avenue, Suite 110 Deerfield Beach, Florida 33442 954.698.9700 www.rjn.com Our team can be available on site with very short notice. The RJN local Deerfield Beach office will be responsible for the Capacity, Management, Operations, and Maintenance and Staff Optimizati()n~sessment for the Collier County Maintenance System. This office is located in Broward County within minutes of Alligator Alley. Our team can be available on site with very short notice, has performed a number of successful, similar projects, and is highly qualified to complete this project. Brown & Caldwell - Subconsultant 8300 NW 33rd Street, Suite 100 Miami, Florida 33122 305.418.4090 www.brwncald.com The Brown & Caldwell office for this project is located in Miami-Dade County, also minutes of Alligator Alley. In addition, Brown & Caldwell has another major office in Orlando. This means that although the required services are specialized, with some of the experts located in other offices, the majority ofthe effort by The RJN / Brown & Caldwell Team will be performed from the local offices noted. RESPONSIVENESS This submittal has been assembled in the order shown in Request for Proposal pages 15-17 to allow for ease of review by Collier County of all Request for Proposal requirements. For example, the Section headings match the headings in the Request for Proposal. We have addressed every issue in each section. Mkt\prop\1707-4 RJN Group, Inc. , . . . , . , . , . . . . , . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. 4 - 1 ~ - =:t-":;--"-..~ .....,\.Ly)?\_\~_\-t- '-~~'. ...~..- .;. - . , {::'-J.-'_(_i-r-4 - ., P'.- - 1=:1.1':;' ,'C-e-~'7j-:C:::'- ' , _ ~"_ -: p ...\....("".....~:.. :-I'''./' )l.....i---.::.---,.-. ....... - ;.;..... . ~-~','---\I ~ . ;':~':"{l:~;-'~,,~'" c, ,_"".,_I,~ ABILITY'TO COMPLETE ON TIME 16Cl PROJECT SCHEDULE As an employee-owned firm, RJN has built a superior reputation for innovative engineering solutions that are on-time and within budget. When the RJN Team performs a project, we make it our goal to submit the final product before the designated deadline. When we submit a schedule, we commit that our staff is available to perform all aspects of a project within the proposed time frame, In order to achieve the schedule, each task must be completed within the agreed upon time frame to ensure that the next phase begins on time. Scheduling and milestones will be tracked by the Project Manager using MS Project, the Internet, and face-to-face quality control checks. The schedule for this project is shown below. It is based on submittal of the CMOM Assessment Report four months from receipt of the Notice to Proceed. The first significant task will be the initial Meeting Session, which will be the spring board for staff interviews and field observations. When they are well on their way, the Staff Optimization Plan and the CMOM Assessment can begin. The second Meeting Session is a milestone when staff interviews and field observations end and everyone - County staff and the RJN / Brown & Caldwell Team members - begin to lay the foundation and for the Optimization Plan and the Assessment Report. This meeting is so important that it may need to be conducted in two or more sessions. The next milestone is the third Meeting Session, at which time the Optimization Report will be presented and discussed. The outcome of this meeting will have a significant impact on the CMOM Assessment Report, which by this time, has been under development. It will be delivered as a draft at the middle of the fourth project month to allow County staff review time. The [mal report will be submitted at the end of the project month. Staff Optimization Plan Small Group Interviews Field Observations Meeting Sessions ~ Information Assessment, CMOM Conference Status, Recommendations, Report * Possibly as two or more sessions Mkt\prop\I707-5 RJN Group, Inc. . . , . . . . , . . . . . , . . , . . . , . , , . . . . . . . , , . . ' . . . . . . . , . . . . . . . . . . . . . . . , . . , . . , . .. 5 - 1 }'::.:'-'::-/-:':.!S~C;~':\ "';;.-~-~;:. ~ , .. ~ >''"'", ... - . cd~~\:~':;'~Cc~c_, - ' . . .~ :-::",~,..~~~().:",,-,--~S :::-- ~... ~ '; <', 1K7".' " ~ ;.-<,',ii k;;r-. ~.. . ,.,..;to.,.ie<.. .....,.. -' ABILITY TO COMPLETE WITHIN . _.- B. 'UDGE.'.T . '. 16Cl COST CONTROLS As an employee-owned firm, RJN has built a superior reputation for innovative engineering solutions that are within budget and on-time. RJN has always completed its projects within budget. Amendments to any of our engineering contracts in the past were due to additional scope items added by the client. As an employee-owned firm, RJN has built a superior reputation for innovative engineering $olutions that are within budget and on-time. RJN takes a proactive approach to changes during construction. Our first and foremost concern is to ensure that the client receives a high quality product. We work closely with the contractor to resolve issues quickly so as to minimize impacts to the schedule. Our attention to detail during the design phase has made change orders during construction a "non-issue" on our projects Collier County is encouraged to contact our references for verification of our record of on- budget completion of projects. Mkt\prop\1707-6 RJN Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 - 1 and often fai I with cy. With this combination of factors, agencies must find a way to work more efficiently, control costs, and optimize use of existing resources. AT RJN GROUP, INC., we know what it takes to achieve cost-effective meth- ods to optimize existing maintenance resources. CASS WORKS is designed for the capture, storage, analysis, reporting, and distribution of informa- tion for your Infrastructure ~ individualized training provides the framework for a successful computer- ized information management system. CASS WORKS is a flexible software system ,that adapts to your agency's desired business practices. A DIGITAL SYSTEM is less expensive to manage and maintain, and more efficient than any existing manual approach, translating into dollar savi ngs. CASS WORKS contains a variety of tools for data access and display with advanced query capabi I ities. CASS WORKS is adaptable and can integrate into your existing software systems (GIS, financial, accounting, human resources and warehouse). The access to data is unlimited. ..~Jit ~/~ An Employee-Owned Firm · 1.800.227.7838 · www.rjn.com RFP #04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and MaintetcrL C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System" 0 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount 95 Brevard Co. Sewer Evaluation $ 390,000 96 Greenwood Co. Sewer Proqram Manaqement $ 230,000 30 LaValle Sewer Rehabilitation $ 97,000 55 Alleqany Co. Sewer Desiqn $ 122,000 LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: Hialeah Flow Monitorinq -:- $150,000 Lehiqh Acres Sewer Investiqation - $100,000 OTHER INFORMATION ABOUT PROJECTS: RJN is ranked by EnQineerinq News f?ecord as number 16 in collection systems enqinee,rinq Have you, at any time, failed to complete a project? U Yes [X] No STATEMENT OF LITIGATION Are there any judgments, claims or suits pending or outstanding .Qy or aqainst you? U Yes [X] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: N/A 19 RFP #04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and Mainte~~c6 'C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System" Z Fees List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ o Total Fees for work done on all Collier County projects REFERENCES: Bank(s) Maintaining Account(s): First Midwest Bank, N.A., 847.374.5220 Surety/Underwriter: (if required) Glen Evans & Company, 708.339.9550 / International Fidelitv, 630.236.9950 Other References: (Use additional sheets if necessary) Global Computer Supplies, 800.227.1245 TYPE OF FIRM: l Corporation/Years in Business: 29 If firm is a corporation, please list state in which it is incorporated: Illinois If firm is a corporation, by signing this form, proposer certifies that the firm is authorized to do business in the State of Florida. Partnership/Years in Business: 20 . RFP #04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and Maintena}; 6 C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System" Sole Proprietorship/Years in Business: Other: Please list: Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: RJN Group, Inc. By: e~ 1~~~ Title: Principal-In-Charqe Attested BY:YQ.~ ea~ Title: 2~ ~)Ut Date:~ 9, '&-ooLI 21 . RFP #04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and Mainten1,c6 C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System" :L Collier CountyFlorida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS ---------------------------------------------------------------------- ---------------------------------------------------------------------- X 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1 ,000,000 each accident. X 2. Commercial General Liability (Occurrence Form) patterned after the current I.S.0 form with no limiting endorsements. Bodily Iniury & Property Damaqe $1,000,000 Single Limit Per Occurrence X 3. INDEMNIFICATION: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by any of them. This section does not pertain to any incident arising from the sole negligence of Collier County. l 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/H ired Automobile Included l 5. Other Insurance as indicated below: a) Professional Liability $ 1,000,000 The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall indemnify and hold the County harmless against all claims arising from the negligent acts, errors or omissions of consultant by third parties. The Proposer shall carry a professional liability insurance in an amount not less than $1,000,000. 22 , . RFP #04.3598 - "Pwf'ssional Eogin"ring Sm';,,, fo' Capacity, Management, Opecations and Maintcn16 C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System" COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) l 7. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. l8. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 19. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. X 10. Thirty (30) Days Cancellation Notice required. l 11. The Certificate must state the Bid Number and Title. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. RJN Group, Inc. Bidder Mack & Parker Insurance Agency ~~ !3ignature of Bidder's #s:gent ~17~L Signatu of Bidder 23 , . RFP #04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and Maintenan~ 6 C 1 (CMOM) and Staff Optimization Assessment for Collier County Wastewater System"]. THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The Proposal has been signed. 2. All information as requested in the Proposal is included. 3. Correct number of proposal copies and one clearly marked "Original" have been provided. 4. Any addenda have been signed and included. 5. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 6. The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. 7. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET 24 RB!' #04-3598 -- "Pwf",ional Engineering 80M", fo, Capacity, Management, Opemtions and Maintenanel~~an~ Staff Optimization Assessment for Collier County Wastewater System" PROJECT PROPOSAL DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 04-3598 -- "Professional Engineering Services for Capacity, Management, Operations and Maintenance (CMOM) and Staff Optimization Assessment for Collier Count) Wastewater System" Dear Commissioners: The undersigned, as bidder/proposer (herein used in the masculine, singular, irrespective of actua gender and number) declares that he is the only person interested in this proposal or in the contract tc which this proposal pertains, and that this proposal is made without connection or arrangement with an) other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer further declares that he has complied in every respect with all the Instructions tc Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to al matters and conditions with respect to the general condition of the contract to which the proposa pertains. The proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Colliel County document for the purpose of establishing a formal contractual relationship between him, anc Collier County, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the proposal documents listed by RFP #04-3598. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 9th day of January , 2004 in the County of Broward, in the state of Florida RJN Group, Inc. Proposer's Firm or Trade Name Phone No. 954.698.9700 150 S.W. 1ih Avenue, Suite 110 Address Deerfield Beach, Florida 33442 City and State Zip BY:Rodolfo B. Fernandez 1 M/ -q-- 2 A JV1AJI~ f... . Typed and Written Signature:, ~ - - ~ Principal-I n-Charqe Title 25 16Cl Conflict of Interest Statement 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Firms must also provide full disclosure of information on any work performed for private interests within the past (2) years, especially work that is not yet completed, which could pose a conflict of interest under this contract. N/A 2. Firm represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Firm further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that the firm will comply fully with item 2 if awarded a contract by the County. ~ -z ~ D -. r, _ a,~ , ,- i.A/vl;Q/l ,,-- J _---..un January 9, 2004 Signat re and Title of P' 'cipa~ Date ~ 16 L '.1. . - 160 S.W. 12th Ave., Ste. 110 I Deerfield Beach., Florida 33442\954.698.9700 I www.rjn.com JL' , .?. '. '. .' iL;, ~2 4 f Date: June 16, 2004 To: Rosa E. Martinez County Attorneys Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16C2 from the BCC Meeting of 5/25/04 (4) Settlement Agreements Enclosed please find four (4) original documents as referenced above, Agenda Item #16C2, approved by the Board of County Commissioners on Tuesday, May 25, 2004. Please return one fully executed original document upon it's return from FOOT, to be held in the official record. If you should have any questions, please contact me at ext. 8406 Thank you. Enclosures (4) 16r'... ./..;,". OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager-BCC FROM: Jacqueline W. Hubbard, Assistant County Attorney ~ DATE: June 16,2004 RE: Collier County, State Road 41 (Collier County) BCC Meeting 5/25/04-Agenda Item 16C-2 Pursuant to your note, please find attached correspondence from attorney E. Clay McGonagill, Jr as well as (4) originals of the settlement agreement with attestation and County Attorney signature. Please have the Chairman execute all (4) agreements and call my secretary Rosa at 774-8400 so that she may pick them up. This office will be forwarding all (4) agreements to Florida Department of Transportation who will then execute and send (1) original back to this office. It will then be forwarded to Minutes and Records for recording. The date of the agreement will be as of the date of the last signature. In this case, the last signatory is the Florida Department of Transportation, since it is relieving Collier County of all liability pertaining to the Project. Please call me if you have any questions. Thank you. cc: David C. Weigel, County Attorney-w/o attachments J 16C, OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records Rosa E. Martinez, Legal Secretary for ~ 4-.)J\. Jacqueline W. Hubbard, Assistant County Attorney FROM: DATE: July 9, 2004 RE: Collier County, State Road 41 (Collier County) BCC Meeting 5/25/04-Agenda Item 16C-2-Settlement Agreement Please find attached the original fully executed settlement agreement. Please call me if you have any questions. Thank you. cc: David C. Weigel, County Attorney-w/o attachments ~ ";:"'.f' ,',,' 1;b, . C2 ;.,i '1./':: :....,;-i::.. ;""'/'~',,! IIr. !-~~\J !!1.-!""........~1, Ir-::\j _ \.,.,!,_:;..)i\~; ) r\. ~ 1.....)ri!\~:: I .IEIlIH SH (;O\' ERNOR Florida Department ofTranspD1~ig~~ : 4. f.:i' ~: ~ 5 605 Suwannee Street Tallahassee, FL 32399.0450 June 8, 2004 .I0SE\IlRU' SE(,REI\I{Y Jacqueline Hubbard, Esq. Asst. County Attorney County Attorney's Office 3301 Tamiami Trail East Naples, Florida 34112-4961 Re: COLLIER COUNTY, State Road 41 (Collier County) FDOT FIN # 195378 & 195380 4 ORIGINAL SETTLEMENT AGREEMENTS ENCLOSED FOR EXECUTION by COLLIER COUNTY Dear Jackie: Enclosed please find 4 ORIGINAL SETTLEMENT AGREEMENTS requiring execution on behalf of Collier County. Upon securing such execution by Collier County, kindly forward all 4 Originals directly to the attention of: Sharon Hedrick, P.E. Florida Dept. of Transportation District One Construction Office 801 North Broadway Post Office Box 1249 Bartow, Florida 33831-1249 Sharon Hedrick will ably coordinate formal execution of all 4 Originals on behalf of the Department, and we will then distribute one fully executed Original to counsel for each of the parties. Thanking you in advance for your continued courtesies in these regards, and requesting that you kindly contact me immediately should you have any questions at this point, I remain Enclosures Cc: Jon Sands, P.E., D1 Dist. Const. Eng., w/o encl. Sharon Hedrick, DI Asst. Dist. Const. Eng., w/o encI. Sincerely, t~ lI!~U#/ E. Cl~CGOnagill, Jy. r . Special Counsel Voice (850) 414-5296 Fax (850) 414-5294 www.dot.state.fl.us @ RFC iCI ~D PAPER 16C2 SETTLEMENT AGREEMENT BETWEEN TBE GROUP, INC., SPRINT COMMUNICATIONS, INC., COLLIER COUNTY FLORIDA, and FLORIDA DEPARTMENT OF TRANSPORTATION, as to FIN Proiect #195378-1-52-01 & 195380-1-52-01. Contract #20534. US41. Collier County. Florida THIS AGREEMENT is entered into by and between TBE GROUP, INC. (hereinafter "TBE"), SPRINT COMMUNICATIONS, INC. (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 $542,6 19.86. 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 JPA contractor during the course ofthe Project. This settlement is expressly intended to fully and finally resolve all ofthe 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: I. TBE will make a single payment to the DEPARTMENT in the 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. Page 1 of 3 16C2 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 ofTBE 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 Settlement Agreement shall not be construed more 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 Settlement Agreement shall be effective on the last date of execution hereof by a party. Page 2 of 3 TBE GROUP, INC. /J By: () Title: r KC'7J rx- fL, T Date: In/~) y ,L 7, .}cu L.{ OUNTY FLORIDA d~ By: DONNA FIALA Title:Chairman Date: 16 C2 ' SPRINT COMMUNICATIONS, INC. ".~'2 #?~0 By: ~4.6 tLA~~ Title: -&6/ ~C:..-:c.-".e ~6-.tZ Date: -/0,,;(. e ~ ko 'f I[ !;JeJ;JOraJ, L /(J) + , Title: 't)T t' e.cJvv- c 6 Qpe rc~ OYJS Date: Lo I ;} ~ \ 04 Attest: DWIGHT,~.. .J}~OCK, Clerk of COUl::t;:~' of. .t~~;IJer Conn ty. Florida _"~.". ~~.,.,," ~ '.'->'\'. (0'",. Bf~~~O'(' t , " .,; !'.' "~ ABfr~~t~l~~m & legal sufficiency: ~2 . ';"':;.~ \) -,-..1 cqueline Williams Hubbard Assistant County Attorney Item # l (DC a- :~da 5-d5-Dl{ Date Rec'd (0 ~LlD l>t LJ-'1 Page 3 of 3 16 D 1'1 MEMORANDUM Date: May 26, 2004 To: Amanda Townsend Parks and Recreation From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement, Item #1601 Enclosed please find one (1) original of the document referenced above as approved by the Board of County Commissioners on Tuesday May 25, 2004. This interlocal agreement needs to be recorded and the original returned to the Minutes and Records Department. If you should have any questions, please call me at 774-8406. Thank you. Enclosure INTERLOCAL AGREEMENT FOR FUND SHARING: NORRIS COMMUNITY CENTER PROJECT 1601 d 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 County and the City hereby agrees as follows: Section 1. The County shall pay three hundred thousand dollars ($300,000) toward the costs of the Norris Community Center Project, payable as reimbursement to the City. The City submitted the invoices to the County for said project by on August 22, 2003. Section 2. Improvements to the Norris Community Center are deemed to have a useful life of twenty (20) years. The City shall not assess a surcharge to non-city residents of Collier County for the use of the Norris Center during the life of the project. In the event that any of these obligations are violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight-line depreciation with no residual value. Section 3. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execuie same. Section 4. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ATTEST DWIGHT E. BROCK, CLERK .'i<1 0;: e--,., ..... .<:'>:'J;;; -4 ~ "~' ~ .2' . ,BY: '?~/ ~7' ~ -\ .- ~ ~ . ~'_\ ~?) "tie~t' as to Ch.a~MIllR.S ':;. ~y, , .. ".;, ...:..)~.1 ifgnilture QIlly. _ ~'. <V:~i' Approved~to form and "", ," ~.~.$~Clency: ..~ ,-, ~~ Robert Zach ./ Assistant County Attorney ATTEST: CITY CLERK '7 i!"' -" /" '/ 1/ /' / eifel ", /J-'1/~~.~ / Approved as to form and Legal sufficiency: j?~u .~Mt Robert D. Pritt, City Attorney Item # I/, D , !\':1"Snda ~ D3te ~ rl ~.~~~, #JI Kv~O r YllDq",..: ~K~ ""';..-U BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: 4:;0 -- d~ Donna iala, Chairman 16 D1 "'$.".. i"" ~, CITY OF NAPLES, A FLORIDA MUNICIPAL CORPORATION c;?<- Dr. Robert E. Lee, City Manager DATE: 'i/;3/0L/ I ~ BY: 1601 MEMORANDUM Date: July 14, 2004 To: Amanda Townsend Parks and Recreation From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement for Fund Sharing: Norris Community Center Project Enclosed please find one (1) copy of the document referenced above (Agenda Item #1601), as approved by the Board of County Commissioners on Tuesday, May 25, 2004. If you should have any questions, please call me at 774-8411. Thank you. Enclosures INTERLOCAL AGREEMENT FOR FUND SHARING: NORRIS COMMUNITY CENTER PROJECT 1601 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 County and the City hereby agrees as follows: Section 1. The County shall pay three hundred thousand dollars ($300,000) toward the costs of the Norris Community Center Project, payable as reimbursement to the City. The City submitted the invoices to the County for said project by on August 22, 2003. Section 2. Improvements to the Norris Community Center are deemed to have a useful life of twenty (20) years. The City shall not assess a surcharge to non-city residents of Collier County for the use of the Norris Center during the life of the project. In the event that any of these obligations are violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight-line depreciation with no residual value. Section 3. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 4. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: baI ........ C':l ::0 M :z; I:'"' '" t-iI~t;ld~ _:= ::::I ~~;;-::I.. ""= _ _-a =-= ...... n -a -= "'" "'" = :>>0 -:= .....= = - I:'"' = = "'" := =- aoo n --. = """'" == --. "'" ""= :5 ....... c.......> _::::I H::::>o s:u ~ r:--> ~ g' '-D = r:--> ~ ~ cx::> ::: ~ C-V :>>on X >: c::> ~I:'"' ::::c:JI .......::::u .. G"> _ =n ..... ~ C-o..> ~~LT1 "'" C> '-D ""'......, LT1 C> n n ?'" g I-t:J n:::::; G;l 1:"-4 JXI .... -"'" "'" .... n r:--> g-..J ~(..o..) .:< l"""> - I:'"' n"", = - '"0 n ...... - - <n _ "" ..... "-'= ='-" == ATTEST DWIGHTE. BROCK, CLERK :l D;: C'~\" C' . c~ ....'i' , '~y;~-., 4.- W. ,- ':::.' '::. 7 'y, ".:; A ~~~,... .,"" t,.. C~""-,,,.S : _ , '>; J\ '?" _ .)~.. Q.liI 'ill" I tG f, llJIR6W' ~;} . 'APprove~ 'l~lgrf~~~~fi 1 y . , ,; ~g'J:~,$.ufficiency: ~~~ Robert Zach ./ Assistant County Attorney ATTEST: CITY CLERK I ~ " ./ . ,/I%:/ // //1/ ,"'''-/Il.?, (..{, (t.-" 1:" ~. f--' p'/~-.... ......., / Approved as to form and Legal sufficiency: j<~'1) . ~,rt Robert D. Pritt, City Attorney Item # I/, 'D ( Aq(.:~(ja ~ I~.' Sj rl .J::i:;;; r"'" ~ R~~;d ~ dY-_ :Ll1.~~~' D!JPu~- BOARD OF COUNTY COMMISSIotE.~ f "" OF COLLIER COUNTY, FLORIDA~ (:j~. ~ d-dc. BY: Donna CITY OF NAPLES, A FLORIDA MUNICIPAL CORPORATION c;7C Dr. Robert E. Lee, City Manager DATE: 1j;Jjo'-l I t BY: :>E- :>E- :>E- c::> :::cJ ~ <..,n IL..O LT1 t-c:I Q 1"""> -..J ~ c.....> :>E- :>E- :>E- 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 FESTIV AL. 11 D3 ..~4 o .8 This is entered into this day of , 2004 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East 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 prowam. Use of the Property by the Organization shall be from July 3rd through July 5t. 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 clean up of the Property by close of business on July 5th. 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, 1 1 "r 03 ~iI .0. '~,_ 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 "Chairman'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 4th, 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 2 1'~""'~""''';'~'''''' 1603 '. 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 c/o 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. 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. 3 1603 ,j 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 funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival 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;/\ \ Url1t:~ (print name) AS TO THE COUNTY: A TTEST~;~' ~) . /:'"J .,.....~.. , ......... . . (:~) DwightE. SidCk, CI~rk Of Courts .-J".. ;--, ~.~ . '( .>~-/ if;! ; BY~:r~~7;:J('. Approved as to form M ~~~t as to Ch&~.. and legal suf'. cy: S igndture oolJ. ~ . r '~ !~'.l,\ . .>.IJ - ~<"\'\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: rRa~ oI-~ Donna Fi la, Chairman 4 filson s - 16 ~ !% 'J From: Sent: To: Subject: OanielsTerri Friday, May 21, 2004 2:50 PM filson_s Master agreement 203.M004 16 (0) 4 Hi Sue, I have filled in the blanks on the agreements I picked up from you today. I have verified with Finance that we should leave the signature pages blank on page 27. That page is the attestation that we are not required to submit an annual audit report. Because we are required to submit an audit, that page should not be signed. Page 28 is an oath for not-for- profit status. Since we are not designated as a not-for-profit entity, that one should be left blank too. Please, if you have any questions, let me know. Thanks Terri / ~ MEMORANDUM 16u4 f Date: May 25, 2004 To: Terri Daniels, Accountant Human Services From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: Department of Elder Affairs Master Agreement Enclosed please find four (4) original documents as referenced above (Agenda Item #16D4), approved by the Board of County Commissioners on Tuesday, May 25, 2004. Kindly forward the agreements to Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, 774-8406. please call Thank you. Enclosures (4) 212004 1604 Agreement Number 203.M004 ST A TE OF FLORIDA DEPARTMENT 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-2l, A-87, A-l02, A-II0, A-122, and A-133, 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 U.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, A TT ACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts form, A TT ACHMENT II. 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 forms 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 2/2004 Agreement Number 203106 0 4 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 conjunction 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. Abuse 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 (l-800-96ABUSE). 6. Transportation Disadvantaged: If clients are to be transported under 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 offunds for the purpose oflobbying 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 under 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. HIPAA Compliance: Comply with all requirements of the Health Insurance Portability Act (HIP AA) 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 VII. 10. Grievance and Appeal Procedures: Ensure through agreement provisions that sub-recipients and vendors follow the Minimum Guidelines for Recipient Grievance Procedures, A TT ACHMENT V, for handling complaints from consumers who complain service has been suspended, terminated or reduced. Recipients and subrecipients will also establish their own 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 ofthe 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 1~D4~ 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 D.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 D.S.C. 794, which prohibits discrimination on the basis of handicaps; ( e) The Age Discrimination Act of 1975, as amended, 42 D.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.f1.us/aadir/reference_guide/). 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 2/2004 Agreement Number 2ol~ 0 4 .... 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, findings, 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. Withholdings 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. It 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 . 2/2004 G. Insurance and Bonding: 1~D4;. l Agreement Number 20. ~ . 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 financial 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 subagreements 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 if not 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 qualified minority businesses in Florida. The recipient shall report information 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. 5 . 212004 I. Sponsorship: 160~ Agreement Number 203.M004 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.). This 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 Elder 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 287.017 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. This documentation will be made available upon request for monitoring and auditing purposes. 6 i12004 Agreement Number 203.M16 0 ~ 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 III and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including A TT ACHMENT III, 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, CIRTS, 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 212004 Agreement Nnmber 203.Mo16 0 ~ 2. The agency will perform administrative and programmatic monitoring of recipients to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 3. To permit 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 III. B. Enforcement, or the agency deeming the recipient's failure to be a breach of this 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 brief summary 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 clients 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 subagreements 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 2/2004 Agreement Number 203.M16 0 ~ 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 recipientlsubrecipient 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 finding. 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 subrecipient(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 212004 160~ 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 of his/her 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 firm 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 subagreements. 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 ofthe 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. II. 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 2/2 004 Agreement Number 1~9 ~ 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 ofthis 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 financial 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 financial 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 findings 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 212004 Agreement Number 21i;?oP ~ 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 A TT ACHMENT 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 financial 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 212004 Agreement Number l~>> ~ 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 non expendable, 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 financial 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 1/2004 1604 Agreement Number 203.M004 . 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-II 0 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-llO, 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 Clause 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 2/2004 1604 · 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 immediately. 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 and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her 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)(l2), 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 212004 1604 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 accurate. 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 III, 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 anticipate and prepare for the loss of information processing capabilities. The routine backing up of litll 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 performance-based program budgeting, the agency will set targets for the performance of outcome measures. The recipient will be responsible for achieving these targets. I. SurpIus/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 2i2004 16 0 ~~~ 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~page agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier County Services for Seniors Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHO~ZE~IGNEE SIGNED BY: ~ d~ SIG~.. !':>' - NAME: Donna Fiala NAME: CHRISTOPHER LIKENS TITLE: Chairman TITLE: BOARD PRESIDENT DATE: March 1, 2004 DATE: MARCH 1, 2004 FEDERAL ID NUMBER: 59-6000558 RECIPIENT FISCAL YEAR ENDING DATE: Septl?ruher 30, ? 004 & lega1~ r . . " ' , J' ~'.. ' ~''''.' : <,\- ~- '.-' (J)..t - ;/ ; \ . , ,,: ~ 'h~'~~'~" ~\ ..... t ;;)'''' {4tld :J:... (Revised February 2004) 17 . -"-~'~_o_,.__ 160~ 2/2004 Agreement Number 203.M004 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGmILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (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 AfIairs 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. Signatur Date March 1. 2004 (~ M V~~I ?~ Name and Title of Authorized Individual (Print or type) UlVl6 cLP Name of Organization DOEA FORM 112B (Revised April 2001) 20 1604 ~ ~ 212004 Agreement Number 203.M004 A TTACHMENT III Audit Attachment The administration of funds awarded by the agency to the recipient, and the sub-recipient through agreements with the recipient, may be subject to audits and/or monitoring by the agency and other authorized state personnel or federal personnel as described in this section. Monitorine In addition to reviews of audits conducted in accordance with OMB Circular A-133 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 defined by OMB Circular A-l33, 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 determines 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 to 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 defined in OMB Circular A-133, 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 of OMB Circular A-l33, 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-l33, as revised. An audit of the recipient or subrecipient conducted by the Auditor General in accordance with the provisions OMB Circular A-I33, 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-l33, as revised. 21 1604 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-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal 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-133 and section 215.97, F.S., can be obtained from the following web-sites: http://www.whitehouse.gov/omb/circulars/ and: http://www.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 financial 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 2/2004 1604 Agreement Number 203.M004 PART III: REPORT SUBMISSION For lead agencies only copies of reporting packages for audits conducted in accordance with OMB Circular A-133, 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 peIjury, 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). EXHffiIT 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 funding 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. 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I ~"O ~ .b .........c .- ...... (!J ~ (!J 0 ..D ~ ~ ~~ s;.c; ...c: aJ .B ~ S (!J . 1604 lI) ('\J ~ o - . 2';2004 Agreement Number 203.1f> 0 ~ APPLICABILITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program income means gross income earned by a recIpIent from actIvItIes which are supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant. Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the recipient/sub-recipient for which Department funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without earmark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted normally. Cash donations are not program income. Match. When general revenue funded contracts require match, it may be either by cash, certified public expenditure, or third-party in-kind. The non-federal share used to match OAA funds may be cash, certified public expenditure, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the consumer's income for CCE and ADI services. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind contributions represent a value placed on noncash contributions provided to the recipient of a contract. In-kind contributions may consist of actual charges for real property and equipment, and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 26 MANAGEMENT ATTESTATION LETTER (To be completed at the end of recipient or sub-recipient's fiscal year) 160~ Agreement Number 203.M004 A TT ACHMENT III EXHIBIT - 1 112004 Contract or Agreement Number: I, (recipient's authorized representative) , hereby attest under penalty of perjury that Collier County Services for Seniors (recipient agency name) based on the criteria set forth in the department's Audit Attachment, PARTS I and II, that: A. The above named recipient agency is not required to provide an audit report or reporting package because [check applicable statement(s)J: D D the above-named entity has not expended $300,000 ($500,000 for fiscal 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-B3, as revised, and/or; 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-I22, A-IIO, or A-87, whichever is applicable J. 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 I, 2004 (Date) Ap legal~ 27 ...._.._.._.,~._..."..,--~,..-."..,.,..",..._~""'--~.."--..............- 2/2004 1604 Agreement Number 203.M004 ATTACHMENT III 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 501 (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 I, 2004 Date of Oath A (Revised February 2004) 28 2'12 004 Agreement Number 203109 0 ~ ATTACHMENT 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-102 and A-llO. Government Com lex 3301 Tamiami Trail E Na les Florida Signature ChairmaI} _ ,:, Title r::; . March 1, 2004 Date Donna Fiala Name of Authorized Signer L_ ATTEST: DWIGHT E. BROCK~ CLERK (Revised February 2004) z~ ", Attest as b) ChI"..., ~ signature onlJ. ,._.,......_---'''--~-------~--- 160~ " .~ 2/2004 Agreement Number 203.M004 ATTACHMENT V MINIMUM GUIDELINES FOR RECIPIENT GRIEV ANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANA nON OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION . The recipient must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) . Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. . The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself /herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. . All records of the above activities must be preserved in the client's file. GRIEV ANCE REVIEW PROCEDURE UPON TIMEL Y RECEIPT OF A WRITTEN REQUEST FOR REVIEW . Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, 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 at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. . All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination ofthe action in question. 30 1604 2/2004 Agreement Number 203.M004 . The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance review, stating: 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 himselflherself 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 GRIEV ANCE 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 acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. 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. . All appeals of grievance reviews 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 review appeal, stating: 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 final decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the AD A. . All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's file. * In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 31 2/2004 1604 Agreement Number 203.M004 ATT ACHMENT VI 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 0 Taxes withheld on sufficient to address the income of identified problems employees . Impose a time limited 0 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 offunds 0 Wages and salaries owed to employees 0 Retirement benefits owed to former employees . An unreserved 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 of legal 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 32 1/2004 Agreement Number 203.1P 0 4 ATTACHMENT 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 33 , 212004 Agreement Nnmber203.1p 04 Attachment VII Health Insurance Portability and Accountability Act (HIPAA) of 1996 The department and the recipient will comply with all requirements of the Health Insurance Portability and Accountability Act (HIP AA) of 1996. The department and the recipient recognize that each is a "Business Associate" of the other under the terms ofHIPAA. 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 information. (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 does not apply to information provided for treatment or to disclosures required by law. 34 . L12004 16\)4 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 HIP AA. (p) That each party is bound by the terms of the "Notice of Practices" of the other with regard to protected health information it receives from the other. 35 "'1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 160 ~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .-' Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Onice. The completed routing slip and original documents arc to be~'forwarded to the Board Ollicc only after the Board has taken action on the Item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the eXceJ)tion of the Chairman's si2JIature, draw a line throuldl routing lines # I through #4, COIIIJ)Iete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC onice only after the BCC has acted to approve the item ) Name of Primary Staff Marlene Foord/Susanna Capasso Phone Number 774-8971/254-4018 Contact Agenda Date Item was May. 25, 2004 Agenda Item Number l6DS,. .. Approved by the BCC Type of Document Grant Applications Number of Original 1 each - 2 total Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attome 's Office has reviewed the chan es, if a licable. Yes (In itia)) N/A (Not A licable) 2. 3. 4. 5. 6. I: Forms/ County Forms/ BCC Forms/Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 ITEM NO.: FILE NO.: ROUTED TO: cJ 7- ~ fl~ - ()003z j ~ n Il"O ,.~ r', .~ -j'~ . '," '. ~ ~ : ' " . ",.\..:'.c',:;:' U~- \ '\\-;---', ,/ '. DATE RECEIV, ED; :. ,S\'f f\\-\U"?\Nt~ '(\\\jl, ("\\ \..", /,' \ . . ryl~l \- c..r:~ 'I b L '.... REQUEST FOR LEGAL SERVICES GRANT ITEM - TIME SENSITIVE ",,~ \ I: \ n ~- \-, ... DATE: February 16, 2007 cc r1,f '2. .-' U r'~ TO: Torn Palmer, Assistant County Attorney Robert Zachary, Assistant County Attorney Kay Nell, Certified Legal Assistant FROM: Marlene Foord, Grant Coordinator, 774-8971 Ray Carter, Proj ect Manager, 254-4044 RE: Review of Grant Application - Clean Vessel Act Grant for Caxambas Park and Boat Ramp and Cocohatchee River Park Pump out Stations , BACKGROUND OF REQUEST: The attached grants include documents that require the signature of the Chairman of the BCC. The grant was approved for submittal on May 25,2004 This item HAS NOT been previously submitted. ATTACHMENTS: Include the executive summary, grant application (even if in draft form, but make sure all pages that require signature are FINAL), transmittal letter if applicable, and all other documents requiring the Chairman's signature or that require other legal review. Be sure to add a SIGN HERE sticker to each document that needs signature. 1. Grant Applications 2. Executive Summary * *On May 25, 2004 (16D5) the Board approved an executive summary granting the Parks and Recreation Department approval to seek grants in the amount of $60,000 for installation of vessel pump out stations at two facilities. If the grants are awarded, budget amendment will be prepared for the appropriate match from 306 reserves. (see attached 5/25/04 Exec Summary for details) ACTION REQUESTED: Please provide legal review of the attached Caxambas Park and Boat Ramp and Cocoh - 1. Florida Clean Vessel Act Grant A 2. Florida Clean Vessel Act Grant Ap Act Grant for DOCUMENTS THAT REQillRE BCC COMMENTS: This item was approved d ,.-,.?~ ,~i)S 16lJ5 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 ManaQement 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 16 fl5 , u _ ,...^_'..~..'^ ",A ... _.~'. __'. _n."" .m_" _. '''.........".,.._." _.'".._........,., __,._,. '...._.., Clean Vessel Act Grant Application ,~ +' IEEP fLORIIA'S WATER CLEAN- , liE PIIPOUTI FLORIDA CLEAN VESSEL ACT GRANT APPLICATION 16D51" Grants for pumpouts and dump stations are being provided by the U. S. Fish and Wildlife Services. Eligible applicants are all state agencies, municipal, county, political sub-divisions, or commercial entities which own or operate recreational boating facilities open to the public. Should you have questions about this application, call the Department of Environmental Protection, Division of Law Enforcement at (850) 488-5757, extension 139. PRINT OR TYPE APPLICANT INFORMATION .. County ~ FACILITY PROFILE Telephone Number Telephone Number Zip Code D State-Owned Land Facility Submerg D Private Land D Other Commonllocal name of water body of facility. If state owned land, provide submerged lands lease number. vQ.nder be. \t -:t>f' '''e. Wi 99'OS +'>Q. $,> Distance to the nearest maintained navigation channel. 0.5 rn~ le$ ell ~eg 2(0 Mini7M Sec Longitude Coordinates of Facility. Deg SL Min~sec Nearest channel marker number. Latitude Coordinates of Facility. Approximate total linear feet of fixed dock at this facility.~"f, Approximate total linear feet of floating dock at this facility. -e- Number of boats ~ under 26' Next closest pumpout facility. ~miles C' acity: Covered Wet Slips =rr:= Open Wet Slips Moorings Dry Slips Type of Facility D Yacht Club D Dockominium Xl Boat Ramp D Marina D Boatyard o Mooring Field ~ Public Dock o Other Number of Houseboats Average estimate of boat population within 2 mile radius. Which best describes this facility? D Home Port D Destination ~ In and Out Dockside depth at this facility E M uJfeet. On average, estimate the monthly number of customers who stay overnight aboard their boat. ~ Rest Rooms Available ~ Yes D No Floating Dock [J Yes ~ No Dockside Water Avail. a Yes o No Security Patrol Ii! Yes o No Shower Facilities DYes S' No Gasoline rJ' Yes o No Accomodations DYes ~ No Telephone llG Yes o No Laundry Facilities DYes ~No Diesel ~Yes o No Fire Extinguisher S Yes o No First Aid IK Yes o No Dockside Power ~ Yes o No Marine Store ~Yes o No Other DYes DEP 20-CMP007 (10/01) PAGE 1 PUMPOUT GRANT APPLICATION INSTRUCTIONS 16D5 1. Please type or print with black ink. 2. Fill in all blocks that apply to your project. 3. Omitting needed information will result in the delay of processing your application. 4. Be sure to sign and date side four. V' . b' t. 5. If you are unsure of the information requested. please call us at (850) 488-5757, exte ISlt ~r we SI~ a iI / / 6. Fold the application and return in the pre-paid postage envelope enclosed. www. ep.state. .us aw grants cmp Phone: (850) 245-2847 Fax: (850) 245-2859 Type of Project: ~ New Construction o Expansion o Educationllnformation Materials Type and Number of Pumpouts/Dumpouts Proposed: ~ Pumpout with sewer connection _ 0 Portable Pumpout _ IX Portable toilet dumping station _ 0 Pumpout Boat _ o Pumpout with septic tank connection_ o Pumpout with holding tank _ o Floating portable toilet dump station with holding tank_ Intended Location of Portable Toilet Dumpout Equipment: ~ Fuel Dock 0 Floating Dock 0 All Slips o Renovation o Equipment Acquisition Intended Location of Pumpout Equipment: ~ Fuel Dock 0 On Bulkhead o Every Houseboat 0 All Slips 0 Other Dock 0 Mobile, Goes to Boat Projected number of vessels to receive pumpout service each week '20 Projected number of vessels to receive dumpout service each week b Under this proposed project, who will do the pumpout? o Self-serve S Facility Staff 0 Outside Contractor Will the project use solar technology or environmentally friendly materials ( recycled materials, concrete instead of creosote, etc.)? DYes Jr No Proposed availability of pumpout and portable toilet dumpout services. Days and Hours of Operation Days: ~ Daily OR ON THE FOLLOWING DAYS: Contents from boat holding tanks shall be discharged to: ~ Directly to a city sewer system. o A holding tank whereby sewage may be safely stored until it is transported in an authorized manner to a permitted domestic wastewater treatment 0 Mon. 0 Tue. 0 Wed. 0 Thu. 0 Fri. 0 Sat. 0 Sun. facility . Hours: o 24 hours or between 7:M~nd lI); 00' "", o Directly to an on-site septic system. This project is in partnership with: ~ Local Govemment 0 Private o Not-for-Profits o Political Subdivision o N/A For each partnership organization give name of organization, contact name, address and telephone number. ORGANIZATION CONTACT ADDRESS TELEPHONE ~....t!~.~ ~d ta,f CtJ<<(I4-1 CO~:S$~ 3~ ~ E:IClM iGM ~ 1i:l. (8"'25'-1- tJ/JD4 ~.~ FL 3'-1'" Complete the following cost summary to list costs anticipated in completing the project. Please note, this is a matching grant where 75% of the total project cost can be paid from federal/state funds and at least 25% of the project cost must be provided by the applicant. Program Components Total Estimated Costs Brief Description of How Funds WiI Be Spent ~OO .. / I I r I 1. Permitting $ Z'. l.. IP ~ ,.. 't p-.u- M.l t- -t"". S 2. Construction $ $ $ 1),'Y+5 -. $ :J;: ~IO $ 3, 70 0 $ (.00 C> . 3. Renovation 4. Equipment Purchase ~ ArfJ( - ~ A- (,-at.. '5y ~1l:IVl ~....~ p.uL.r~SrAlL€~ ~MDt...f)V#-""'F's ~% 0;:. .,...,""~ flt',u(.,) A-r ?/Hl.., 5. Equipment Installation 6. Operations and Maintenance 7. Information (signs, brochures) 8. Education and Training Total Proposed Project Cost $ $ 4 I, 7 t;t; (100%) $ l~a+~~ Expected Date of Project Completion (25%) $ ~'. ?J Y> (75%) 12-2-007 PAGE 2 Total Applicant Cash or In-kind Match Total State Funds Requested APPLICATION CHECKLIST 16U5 [2J Did you complete all applicant information including federal employer 10 number associated with the facility? o Did you complete the Facility Profile section including location information? [3 If applying for the Pumpout Grant, have all sections been completed? o Are you including a copy of the section of the NOAA Chart with your facility clearly marked? [3 Are you including a photo of your facility that can be used for promotion on the internet? G Date of expected project installation or completion? /2-2007 Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA tfl~~ APPLICANT SIGNATURE A~ES COLETTA, CHAIRMAN OWl........ ... BY~~:~~f.~~, ..~tt~,~~j~ . :..-. ';, \i,lj~., ,{)(t}. .... ;}. \ OJ.-. \ \ (.;- \- , " DATE A,ppt&l''lId..Q3 ro ll},r,m \ ~<ir,~~')fm{,~,:,,~ ..~.-IJ2.JtJA,..,..,.,Pd~ A.(~L~I, , . (. ," , ). -'.~ .; \; ~.' Any questions, comments or suggestions, please contact us: Program Manager 850-245-2847 Grants Specialists R50-245-2R49 or 2R65 Mail Application to: . Florida Dept. of Environmental ProtectIOn 3900 Commonwealth Blvd., MS 665 Tallahassee, Florida 32399-3000 PAGE 3 11-13-2006 1~:37 SHAMROCK 2633064 3:6 il 5 PAGE2 Nov 01 04 01 :03p SHAMROCK PLUMBING & MECHANICAL. me. P.O BOX 9872 NAPLES, FL 3410l 23'-592-1080 FAX~ 455-9371 OCTOBER IO~ 1006 COLLIER COUNTY FACILITIES ATTN: RAY CARTER REF: COCORATCHEE RIVER PARK- MARINE SEWER DISPOSAL THANK YOU FOR THE OPPOURTUNITY TO QUOTE YOUR UPCOMING PLUMBING RENOVATIONS. THE FOLLOWING IS THE SCOPE OF WORK: . INSTALL SANI-SAlLOR SEWEAGE REMOV AI.. SYSTEM . PROVIDE ALL NECESSARY LABOR & MATElUAL TO COMPLETE JOB . INCLUDES PRIVATE LOCATE OF ALL ~JTIES . INCLUDES ALL CONNECTIONS TO WATER & SEWER .UCOST SANI. SAILER 513,345.00*.* ... LABOR & MATERIAL $13,110.00 .. TOTAL JQB COST 536.555.00 DOES NOT INCLUDE: . ANY UNSEEN CONDITIONS · ACCEPTED" PO ## PLEASE FAX TO OFFJCE: 45!-9377 ~. '"-J .... t1l ..... (..) - .CI,) .... C') 0) .... ()1 ..... . 1\,)" "~ ~ .... 01 .... ~ "----. ~ ~-.-.....- "'" CO. .... (.,) ..... ,.I\) .... ..c.. .... I\) .... t1l .... ~ '1::\ ...vv.' ,.0 ...... .cu, ~. I\) @ ~ . . . . .... .-. ...... (;;\.. ~ ....\ .... "--t OJ - ...... .... .... "Y ............- .... (.,) @ .......... ~ ~-_... ... @ ~ ~ 1~ 1..- I ., ~-q) q) .... ...... .... ~... ~ \ .,:... o ',' 0 6'., .....,... (~\ @ CD ..... ..... .... en '$@ ~ ~/ .... ..-=...... <0 , "- -"" \, CD (0 - ..... ~ 12"'-- I co CD (0 ...- ~~ U).- co CD co QI) @ .~.. co co '"-J - ,.. . '-~ 0) co ...... c,,'~;'-''J'' ..$,. ~ ./ -'tJ'. ..... co CD -...l ....- ...... ()'l ..... CD ...... N~ ...... 0) A~ ...., ..- en --'-~---"'*-----~.,"- -- G) /..,,- ~, . . . . .... ...... 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'ng :I:[g;-;\ ",!l-< a.'ll ~.-li ~ ~!!.~n5':, a~~n~-~2n_. ~~ _%_ .!l~oo~~ i[ ~~~~&~~g ~;~.3g ~~~ ~ ~~ g ~ g~~. ~~. ~~; !l~ . !!. ~ ~~ ~ <II c: '" m o~r-2;ZC:<II~;;:; i[Og.,O'CCDC;o "132!.iai>'2. (;-< ji''''Za>-3c...m ::r C" <:r." qCDg,<"C~Q)m"Tl 3i -. c:....r+ 0 n-1jl::lc:r"''''Dl;o !'g 0= -ag-t Ql - c:!'. C') ......., l:: -O::l~oo..,::r C ~~ g' g. 2. ~ ~ (.r)~:rcnm <0" . -. III III 0 CD ::l cil::l 3 n....'" b>~",a.o::r...::l Dl '" '" ~ '" Dl =. 3 ~Q)::rCD-acnD:l Q1o"C,"" no. G)=3 g.~ ~<O cm.....CI:lCDm~.... a.~;3acn. 0 ~NNNNNNp.,)~~~ NNNNNN~~~~~~~~~~~~N~ ~~~~~~~~~~~~~~~~~~~~~~~~~& . .. "''''''''''0..'''._.. 9.l"''''i':ll!IE'",co.. , ~~~~~oPPP~b~~~~8~~~o~~~~q~ ~~~~t~~~~~~~~~ . _ _~ _ - - 500. - - - - - . ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~: ~~~~~~~~~~~~~~~~~~~~~~~~~~ ..''''o.~~g~~~~. ~~o.~~co~8g8c ~~~?1?1~~~i-.J~~~~~i55~~Q~~ _ . _ . ~~~~~~~ .~~ -q~q-- - - -----~~~~~~~~i ~~~~~~~~~~~~~8~~~~~~~~~ ~~~~~~~~~g~~N~~~~~~~~~wNm~ ~gj~~~~~gb~~~mb~~~o ;oln~co'" ....~i~~t.';~j A-::a. ~ ~(",) (j)5~....... "~~~~~i~~~~~i~l~i~~!~~~~~i ~~~~~~w~b~~~wm~wmN 16D5 ~ b l ~ J\J - ~ l . a.~ MEMORANDUM Date: February 22, 2007 To: Marlene Foord, AICP Grants Coordinator From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Application Please find two (2) original copies of the above referenced document (Agenda Item # 16D5) which was approved by the Board of County Commissioners on Tuesday, May 25, 2004. After execution please forward a fully executed copy to the Miuutes and Records Department. If you should have any questions regarding this document, please feel free to call me at 732-2646 x 7240 Thank you. Enclosure 16D5 16nc; '-"-, MEMORANDUM Date: May 3, 2007 To: Susana Capasso, Operations Coordinator Parks and Recreation From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: FDEP Project Agreement Enclosed please find two (2)originals of the document as referenced above, (Agenda Item # 16D5) which was approved by the Board of County Commissioners on Tuesday, May 25, 2004. Please forward for signatures and return a fully executed copy to the Minutes and Records Department. If you should have any questions, please contact me at: 774-8411. Thank you, Enclosure llEM NO.: FILE NO.: ROUlED TO: DAlE RECEIVED: 16D5 () ? JGRC,,-0(5(!f I REQUEST FOR LEGAL SERVICES GRANT ITEM - TIME SENSITIVE '" = ,...., ;-: t ~ - ~c-:- S(C P i1 ~... 7" --.( ---4 ;::- / , -rT )> " '-1C -0 _-!-C {/r ::x C,__ w ::0-, ~ r &~ -,'- C) DATE: April 30, 2007 TO: Tom Palmer, Assistant County Attorney Robert Zachary, Assistant County Attorney Kay Nell, Certified Legal Assistant Susana Capasso, Operations Coordinator, 254-40 18 ~ Ray Carter, Project Manager, 254-4044 r FROM: RE: Review of Grant Application - Clean Vessel Act Grant for Caxambas Park and Boat Ramp and Cocohatchee River Park Pump out Stations BACKGROUND OF REQUEST: The attached grant includes documents that require the signature of the Chairman of the BCC. Approval to apply for the Clean Vessel Act Grant was received at the May 25, 2004 (16D5) BCC meeting. This item HAS NOT been previously submitted. ATTACHMENTS: Florida Department of Environmental Protection Clean Vessel Act Grant Project Agreement 1. FDEP Clean Vessel Act Project Agreement for Caxambas Park cc fc 1/ J#tl1 ~/} ACTION REQUESTED: Please provide legal review of the attached Clean Vessel Act Grantfor Caxambas Park Project Agreement DOCUMENTS THAT REQUIRE BCC CHAIRMAN'S SIGNATURE: COMMENTS: This item is scheduled for the nla Board Meeting. Original documents will be delivered by Susana Capasso. Operations Coordinator. Pl~;;;-::;::~~ents and routing s~p to Sue Filson for BCC Si~ , ({j\ \~ I; (SvY 16D5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No: LE636 For CV A 07-482 PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Caxambas Park & Boat Ramp, 909 Collier Court, Marco Island, Florida 34145 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616). and, WHEREAS, the Department is the recipient of federal fmancial assistance from the U.S. Fish and Wildlife Service; WHEREAS. as the result of this Agreement the Grantee has been detennined to be a subrecipient of federal fInancial assistance from the U.S. Fish and Wildlife Service. NOW, THEREFORE. in consideration of the premises and the mutual benefIts to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) which are hereby incOlporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3. By executing this Agreement. the Department certifIes that a site visit has been conducted to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEP A criteria. The Department will maintain the site visit documentation in its fIles in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. The Grantee agrees to complete the project on or before November 10, 2008. This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of fIve (5) years from the date of project completion. The Grantee must make project facilities available to the boating public for a minimum of fIve (5) years after the completion date of the project established above. In the event of a change in ownership. the Grantee is required to notify the Department in writing of such change no later than ten days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to asswne the obligations as set forth in this Agreement. the original Grantee shall reimburse the Department for the value of the equipment as specifIed in 43 CFR, Part 12.72. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature. DEP ~~-240 (t2l0~) DEP Agreement No. LE636, Page I 0(8 16 D5 . 5. A. As consideration for the services rendered by the Grantee under the tenns of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $30,379.00 toward all eligible costs associated with the project as described in Attacbment A, Scope of Work. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attacbment B, Grant Payment/Matcb Request Form and an invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as invoice. The Grantee shall maintain an itemized listing (by category) of all expenditures claimed, including the dates of service, on Grantee invoices submitted to the Department. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be submitted to the Department, along with Grantee invoices for auditing purposes. Invoices for the deliverables described in Attacbment A must explicitly reference the deliverables and the grant award amounts associated with each deliverable. Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a final invoice to the Department no later than November 24, 2008, to assure the availability of funds for fmal payment. No travel expenses are authorized under the tenns of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at httD://www.t1dfs.com/aa(!lr;ref~renct:(!:;)5Fl!.lIide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at http://www.acccss.gjlQ.ggvinaraicfricfr-tahle-search.htllllandOMBCircularsA_87.A_122.A_21.as appropriate, at btto:i/www.whitt.house.l!.ov/.omb/ cin.:u lars/ index. I1tm I#nu.merica I. D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2.500 and submit said quotes to the Department for review and approval prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any grant over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. All cost sharing/match shall meet the federal requirements established in 48 CFR. Part 31 and OMB Circulars A-87, A-122 and A-21, as appropriate. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. PEP 55-240 (12105) DEP Agreement No. LE636, Page.1 or8 Orl!anization Type Applicable Cost Principles State, local or Indian tribal govemment. OMB Circular A-87 Private non-profit organization other than (I) an OMB Circular A-122 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cost principles acceptable to the federal agency. 16D5 6. The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. The Grantee shall record and maintain pwnpout information to be submitted to the Department on a quarterly basis on a form provided by the Department. This form can be accessed online at http://www.dep.state.fl.us/law/Grants/CVAlpwnpouts.htm. Quarterly forms shall be submitted to the Department's Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 9. A. The Department may tenninate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to tenninate and shall provide the Grantee an opportunity to consult with the Department regarding the reason( s) for termination. B. The Department may tenninate this Agreement for conveuience by providing the Grantee with thirty (30) calendar days written notice. C. The parties hereto may agree to terminate this Agreement for conveuience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07( I), Florida Statutes. 10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. DEP 55-240 (11105) DEP Agreement No. LE636, Page 3 or 8 II. 12. 16D5 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or tennination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the tennination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debannent and suspension llllder Executive Orders 12549 and 12689. A. The Grantee shall maintain books, records and documents directly pertinent to performance llllder this Agreement in accordance with generally accepted accollllting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the tenn of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained lllltil all litigation, claims or audit fmdings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following fmal disposition. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment C sunnnarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit I, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of fmancial assistance (federal and/or state) identified in Attachment C, Exhibit I when making its determination. For federal fmancial assistance. the Grantee shall utilize the guidance provided llllder OMB Circular A-133, Subpart B, Section _.210 for detennining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the fonn entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (fonn number DFS-A2-NS) that can be fOlllld under the "Links/Fonns" section appearing at the following website: 13. A. llttplh~~p.s-,_ll<JJ~_,~'~HlLt5;ta The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due llllder any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. DEP 55-240 (12/05) DEP Agreement No. L.E636, Page 4 of8 16D5; B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities maybe obtained by contacting the Office of Supplier Diversity at (850) 487-0915. C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 14. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an 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 contract. the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing Wlder this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Brenda Leonard Florida Denartment of Environmental Protection Division of Law Enforcement, MS665 3900 Conunonwealth Boulevard Tallahassee, Florida 32399-3000 Telephone No.: 850-245-2847 Fax No.: 850-245-2859 E-mail Address: Brenda.LeonardlO.lden.state.fl. us 17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in this information within ten days. Ray Carter Collier COWltv Board of COWlty Commissioners Caxambas Park & Boat Ramo 909 Collier Court Marco Island, Florida 34145 Telephone No.: I 239-642-0004 Fax No.: I 239-642-4586 18. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable Wlder Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. DEP 55-240 (12105) DEP Agreement No. LE636, Page 5 of 8 16D5~ 20. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Fonn, provided as Attachment D, and forward it along with the appropriate invoice to the Department's Grant Manager. The following tenns shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with grant funds and held in his possession for use in a contractual arrangement with the Department. 21. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee' s cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible for processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same tenns and conditions and the availability of funding. Request for extension of time in which to complete this project shall be in writing and shall be requested at least sixty (60) days prior to the completion date as described in paragraph 4 above. 22. A. No person, on the grounds of race, creed, color. national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487- 0915. 23. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12.75), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and. that the Grantee shall not knowingly enter into any lower tier contrac!. or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 24. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive. and irrevocable license to reproduce. publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. DEP 55-240 (12105) DEP Agreement No. LE636. P.ge 6 of8 16D5 B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 25. Land acquisition is not authorized under the terms of this Agreement. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP 5S-Z40 (12105) DEP Agreement No. LE636. PaKe 7 of 8 16D5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Signature By: Director, Division of Law Enforcement or designee Jo H-"~'S' (tJ e He.... , Print Name and Title of Authorized Person Date: ViI :: .fu4f ..' , .,..&.lftT&- ~ ~ .J. In ttL~t{IJL ~.I~n4Irlll4l1 , , ':.t #liturt 0/11. ~A JvdJ1{)Ld Brenda znard, DEP Grant Manager A: Ij~~ ilEp Contracts Administrator Date: 6-~;'-~ FEID No. 59.6000558 A proved as to form and legality: ""^" b..;~ DE Attorney 'For Agreements with governmental boardslconnnissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental boardlconnnission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: SpecifY Type Letterl Number Description (include number of pages) Attachment Attachment Attachment Attachment ~ -.!L ~ -.!L Scone of Work and Conditions (3 Pages) Grant PavrnentlMatch ReQuest Form (I Page) Snecial Audit ReQuirements (5 Pages) Pronertv Renorting Form (I Page) r' ,.' \L.;5\ "S I ;}.;1'-\ \ ., o ) '? /e:1-- ~e\'?ik~~ . . . I !~..J'.~1 ~tl~ to [fitC ':~\; . e:.:r:"l CaLI ~- IO.1^ ~ AlUtantCov.atl.Att01':DGY -' . <.. - 07 DEP 55.240 (12105) DEP Agreement No. LE636, Page 8 of 8 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work 16t1i) PURPOSE The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period, including the five (5) year period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $31.316.00 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 07-482, and provide a minimum 25% non-federal matching funds. The project is located at Caxambas Park & Boat RamD. 909 Collier Court. Marco Island. Florida 34145. CONDITIONS Reimbursement for Project Installation 1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the Department, shall be sent to and be on file with the Department before invoices will be processed for payment. 2. Match documentation shall be provided in accordance with instructions and on forms available from the Department. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 3. Grantee invoices will be processed by the Department in an expeditious manner upon presentation of all required documents as outlined in Paragraphs 5.8. through 5.E. of this Agreement. The Department shall have fifteen (15) days to review and approve all invoices and reports. Upon review and approval of each invoice and report, the Department will process the invoice for payment. 4. The final invoice shall be accompanied by a completed and signed project completion form to be provided by the Department, an operational plan as described in Condition 1 of the Operations section of this Attachment, a description of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. Operations 1. The pumpout facility or dump stations will conduct its operations under an operational plan of the Grantee that specifies hours of operation, maintenance principles. methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pumpout operation and assurances that the pumpout facility or dump station will be used solely for the collection of boat sewage. This plan will be submitted with the certification of project construction completion. 2. Each pumpout facility or dump station funded under this project shall be open and available to the recreational boating public. Each pumpout facility or dump station shall be operated, DEP 55-240 (12/05) DEP Agreement No. LE636, Attachment A, Page 1 of3 16D5 maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set forth in Paragraph 4 of this Agreement. 3. The Grantee will provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as information materials, on site instruction or audio-visual methods by the marina owner/operator. equipment vendors, harbormaster or local government personnel. 4. The location of each pumpout facility or dump station will be continually identified through informational markers using the international pumpout logo on a sign of at least three feet by four feet in size. All informational markers located on the waters of the state shall be with prior approval of the Department as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. . 5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be posted in a clearly visible location on the station housing. The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection, Division of Law Enforcement. 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an itemized operational cost justification. Fee accounting will be provided with the annual log described below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout operator shall maintain an operational log to be submitted to the Department the first day of each calendar quarter beginning with the quarter during which completion of construction or installation of equipment occurred. The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-240 (12/05) DEP Agreement No. LE636, Attaclnnent A. Page 2 of 3 16D5 DELlVERABLES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables associated with the pumpout project listed in the schedule below may vary; however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the Department is based on the amount recommended and approved by the Department for this specific project. The dollars expended or in-kind effort by the Grantee shall be at least 25% of the total amount actually expended on the project. Order of Deliverables and Amounts Deliverables Detail Project Grant Amount Amount Permitting State and local permits required for $500.00 $375.00 installation of eouioment. Construction Labor and materials required to $0.00 $0.00 prepare site for eauipment. Renovation Labor and materials necessary to $0.00 $0.00 restore oumoout eouioment. Equipment Purchase Pumpout or waste receptacle $13,345.00 $10,009.00 equipment and associated piping to be installed. Equipment Installation Plumbing supplies, delivery and $21,960.00 $16,470.00 labor. Operations and Maintenance Necessary repair of equipment $3,700.00 $2,775.00 includino oarts and labor. Information signs and Advertisements, handouts, pumpout $1,000.00 $750.00 brochures logo, channel marker, and operational sionaoe. Education and instructional Brochures or handout information materials about the Clean Vessel Act and the eauioment available for public use. Sewaoe Haulina SewaQe Haulina Total Proiect Amount $40,505.00 Total Grant Award Amount $30,379.00 Total Match Amount $10,126.00 DEP 55-240 (12/05) DEP Agreement No. LE636, Attachment A, Page 3 of 3 ATTACHMENT B GRANT P A YMENTIMA TCH REQUEST 16D~ Collier County Board of County Commissioners LE636 (GRANTEE) (Project Agreement No.) Grant Number: F0921 CV A 07-482 (Application No.) DEP Division: Law Enforcement DEP Program: Clean Vessel Program Billing Date: Payment Requested? Billing No.: Match Credit Requested? Yes_No_ If Department payment is being requested, an invoice on your letterhead must accompany this form. Permitting DEPARTMENT (75%) Payment $ GRANTEE (25%) Match $ Construction Renovation Equipment Purchase Equipment Installation Operations and Maintenance Information (signs, brochures) Education and Instruction TOTAL $ $ Certification and Attestation: I certifY that documentation has been and will be maintained as required by the Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in the Clean Vessel Act Grant Project LE636. I further attest, under the penalties ofpetjury, that (name of the marina or entity) has complied with the provisions of the grant. NOTARY PUBLIC: Subscribed and sworn Before me at Grantee's Project Manager/Attestor This_day of (Title) Date (Seal) DEP 55-240 (12/05) DEP Agreement No. LE636, Attachment B, Page 1 of 1 1.1" " jell5 ATTACHMENTC SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to. on-site visits by Department staff. limited scope audits as defined by OMB Circular A-133. 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 Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections. reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httn://12.46.245.173/cf'da/cf'da.html. DEP 55-215 (04/06) DEP Agreement No. LE636, Attachment C, Page 1 of 5 PART II: STATE FUNDED 16..t'1.,- , A (\t-, t ) This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 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, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In detennining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance. including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nons tate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes. is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at ht!P!L'/JillPc,.fldfs.c(LT!lif'maCor the Governor's Office of Policy and Budget website located at htlp:I.www.chlldget.state.fl.lIsc for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website httoJiwww.leg,state. tl.~LW~IcQ..!nt.:/indcx.c I'm, Governor's Website htto://www.mvflorida.com/, Department of Financial Services' Website ll!lPIwww.fl,lfs.conv~and the Auditor General's Website h~// v,.'v.(w. state. n. lIs/Jud gen, Di.lCCS/ tlsaa. htm. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additionallludit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97. Florida Statutes. In such an event, the State awarding agency must arrange for fUnding the fUll cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, 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 directlv to eacb of the following: DE? 55-215 (04/06) DEP Agreement No. LE636, Attachment C, Page 2 of 5 1_-, " .~ ,."'~ ".,') , '.' .. ',.'" 'I- o- k' ~i A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Enviromnental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (04/06) DEP Agreement No. LE636, Attachment C, Page 3 of 5 16D5 4. Copies of reports or management letters required by PART III oftltis Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local govermnental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. 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E~~ 0.... ~l:l ill ~ ~ .....z ii!;: JI i!!::I iii! ~ i1c z ii! .~ 0 01 III ::l allll ... ~ ~ l!! ~ !i:1!i ....i i!!1: ~ I!i!! 9 .. dl III c~~ t~ Ei~i ; d "E ~..o~ j U5 ~ I~I; ~ e! .a ii l!! .. .2' I VI ~ ~ '" I :E j '" 0.. I!l ~ 16D5 ~ c 8. ~ '" c. ~ :;:, ~ c ~ e c. c. 1? '5 :if ~ Q) c. :6 '5 '0 :if c. " :E :6 ~ - Q) 0 c c. ;c :E 0 ~ g> ~ '" ~ i c ~ i .E .S! .~ .J:> 'in ~ c ~ i c .l!! 8 ~ ~ i l!! 8 l!l " ~ :6 ~ c '" l!! c l!l 0 ~ i ~ - '" c g> ~ "" g c '" ~ c '" :E oil ~ ~ ~ e l!! 0.. ii: 1; ~ '5 ~ - 'l5 ~ '" co '" c. 0' - c ~ -6 ~ ",' M i!J NO 9z ~i ;;;:~ :Jl~ a. a. ww 00 16 D5 ; .~ ; MEMORANDUM Date: May 25, 2007 To: Susana Capasso, Operations Coordinator Parks and Recreation From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: FDEP Project Agreement Enclosed please find two (2)originals of the document as referenced above, (Agenda Item # 16D5) which was approved by the Board of County Commissioners on Tuesday, May 25, 2004. Please forward for signatures and return a fully executed copy to the Minutes and Records Department. If you should have any questions, please contact me at: 774-8406, Thank you, Enclosure 16 D 5 :' ~ "i FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No: LE637 For CV A 07-481 PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is COCOHATCHEE RIVER PARK, 13531 Vanderbilt Drive, Naples, Florida 34110 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616), WHEREAS, the Department is the recipient of federal financial assistance from the U.S. Fish and Wildlife Service; and, WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal fmancial assistance from the U.S, Fish and Wildlife Service. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: I. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3, By executing this Agreement, the Department certifies that a site visit has been conducted to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEP A) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEP A criteria. The Department will maintain the site visit documentation in its tiles in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S, Fish and Wildlife Service. 4. The Grantee agrees to complete the project on or before November 10, 2008, This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of five (5) years from the date of project completion. The Grantee must make project facilities available to the boating public for a minimum of five (5) years after the completion date of the project established above. In the event of a change in ownership, the Grantee is required to notify the Department in writing of such change no later than ten days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature, DEP 55-240 (UfOS) DEP Agreement No. LE637. Page 1 0(8 16D5 5. A. As consideration for the services rendered by the Grantee under the terms of tltis Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $31,316,00 toward all eligible costs associated with the project as described in Attachment A, Scope of Work. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Grant Payment/Match Request Form and an invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as invoice. The Grantee shall maintain an itemized listing (by category) of all expenditures claimed, including the dates of service, on Grantee invoices submitted to the Department. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be submitted to the Department, along with Grantee invoices for auditing purposes. Invoices for the deliverables described in Attachment A must explicitly reference the deliverables and the grant award amounts associated with each deliverable, Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a final invoice to the Department no later than November 24, 2008, to assure the availability of funds for final payment. No travel expenses are authorized under the terms of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at bttn:....www.lldfs.com:aadjl.!r~it;n:nc1.1;.5F!!lIidl:" and allowable costs for Federal Programs can be found under 48 CFR Part 31 at Jmp: "~'\\'~~"\\.<!~,~L'\~:gp().g()V 'nar<Ji_c rr~c II"-tah lG-se<~I\'b. hJ!ll_1 and OMB Circulars A-87, A-122, A-21, as appropriate, at b!!P;_'_\:\l~'}Y- ~b it~b~~J1SS,b~lY,'~Qmh~9J~u lar,'idJhkx. htnlltl'lllll11erica I. D, The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2,500 and submit said quotes to the Department for review and approval prior to the commencement of any work under this Agreement. Written quotes shaU be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved, Any grant over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. AU cost sharing/match shall meet the federal requirements established in 48 CFR, Part 31 and OMB Circulars A-87, A-122 and A-21, as appropriate, F. AUowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Orl!anization Tvpe Applicable Cost Principles State, local or Indian triball!overnment. OMB Circular A-87 Private non-profit organization other than (I) an OMB Circular A-122 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-I22 as not subiect to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cost principles acceptable to the federal al!encv. PEP 55-240 (12/05) DEP Agreement No. LE637. Page 2 of 8 16 D5 hf. 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that tltis Agreement is not a commitment of future appropriations, 7. The Grantee shall record and maintain purnpout information to be submitted to the Department on a quarterly basis on a form provided by the Department. This form can be accessed online at http://www.dep.state.fl.usllaw/GrantslCVNpurnpouts.htrn. Quarterly forms shall be submitted to the Department's Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31, 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes, 9, A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C, The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of tltis Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, Of other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119,07(1), Florida Statutes, 10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances, A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance, C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. DEP S5-Z40 (IZ/OS) DEP Agreement No. LE637. Page 3 of8 11. 12. 13. 16 D5 I. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes, B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit fmdings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment C summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment C, Exhibit I when making its determination, For federal fmancial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "LinkslForms" section appearing at the following website: h (tL1S :'i!!l~~-,JhJb,-l:J1I1Ji J~~E_I The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. DEP 55-240 (12/05) DEP Agreement No. LE637, Page 4 of 8 16 D5 ,1 B, The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by tltis Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned fIrms that could be offered subcontracting opportunities maybe obtained by contacting the Office of Supplier Diversity at (850) 487-0915. C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto, D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 14, The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under tltis Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for tltis Agreement is identified below. Brenda Leonard Florida Department of Environmental Protection Division of Law Enforcement, MS665 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Teleohone No.: 850.245-2847 Fax No,: 850-245-2859 E-mail Address: Brenda,Leonard(Q)dep,state.fl. us 17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in tltis information within ten days, Ray Carter Collier Countv Board of Countv Commissioners Cocohatchee River Park 13531 Vanderbilt Drive Naples, Florida 34110 Teleohone No.: I 239-566-2611 Fax No,: I 239-591.1477 18. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the perfonnance of services required. DEP 55-240 (12/05) DEP Agreement No. LE637, Page 5 of 8 16 D5 20. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Properly Reporting Form, provided as Attachment D, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal properly or equipment purchased with grant funds and held in his possession for use in a contractual arrangement with the Department. 21. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible for processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same terms and conditions and the availability of funding, Request for extension of time in which to complete this project shall be in writing and shall be requested at least sixty (60) days prior to the completion date as described in paragraph 4 above, 22, A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not subirnt bids on leases of real properly to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487- 0915. 23, In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12,75), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the u.s. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 24. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. DEP 55-240 (12/05) DEP Agreement No. LE637, Page 6 of8 16 D5 B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 25. Land acquisition is not authorized under the terms of this Agreement. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK DEP 55-240 (12/05) DEP Agreement No. LE637, Page 7 of 8 16 D5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONE S STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Signa By: Director, Division of Law Enforcement or designee Date: Print Name and Title of Authorized Person Date: i3u~u:./,,-- l./O'ltl fA-_ Brenda Leonard, DEP Grant Manager A: ~ 5td1;~- DEP Contracts Administrator FEID No. 59-6000558 ATTEST: DWIGHT Eo BROCK. CLEAA Approved as to form and legality: 0\~!\v<.. ~ "~ DEP Attorney · ~~~~ental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attaclunent Attachment Attachment ..A.. .JL ..L .JL Scope of Work and Conditions (3 Paeesl Grant PavrnentlMatch Request Form (\ Paeel Special Audit Requirements (5 Paees I Propertv Reportine Form (\ Paeel DEP 55-240 (12/05) DEP Agreement No. LE637. Page 8 oC8 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work 16 D5 PURPOSE The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities, The purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period, including the five (5) year period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds, This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee, The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed 531.316,00 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 07-481, and provide a minimum 25% non-federal matching funds, The project is located at Cocohatchee River Park. 13531 Vanderbilt Drive. NaDles, Florida 34110, CONDITIONS Reimbursement for Project Installation 1, The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the Department, shall be sent to and be on file with the Department before invoices will be processed for payment. 2. Match documentation shall be provided in accordance with instructions and on forms available from the Department. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 3, Grantee invoices will be processed by the Department in an expeditious manner upon presentation of all required documents as outlined in Paragraphs 5.B. through 5,E. of this Agreement. The Department shall have fifteen (15) days to review and approve all invoices and reports. Upon review and approval of each invoice and report, the Department will process the invoice for payment. 4. The final invoice shall be accompanied by a completed and signed project completion form to be provided by the Department, an operational plan as described in Condition 1 of the Operations section of this Attachment, a description of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. Operations 1. The pumpout facility or dump stations will conduct its operations under an operational plan of the Grantee that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pumpout operation and assurances that the pumpout facility or dump station will be used solely for the collection of boat sewage, This plan will be submitted with the certification of project construction completion, 2, Each pumpout facility or dump station funded under this project shall be open and available to the recreational boating public, Each pumpout facility or dump station shall be operated, DEP 55-240 (12/05) DEP Agreement No. LE637, Attachment A, Page 10f3 16 D5 maintained. and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set forth in Paragraph 4 of this Agreement. 3. The Grantee will provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as information materials. on site instruction or audio-visual methods by the marina owner/operator, equipment vendors. harbormaster or local government personnel. 4, The location of each pumpout facility or dump station will be continually identified through informational markers using the international pumpout logo on a sign of at least three feet by four feet in size, All informational markers located on the waters of the state shall be with prior approval of the Department as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. 5. Informational placards stating fees. hours of operations. instructions. and operator name and telephone number shall be posted in a clearly visible location on the station housing, The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U, S, Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection, Division of Law Enforcement, 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations, 7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an itemized operational cost justification. Fee accounting will be provided with the annual log described below. If fees are collected. such proceeds shall be retained. accounted for. and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout operator shall maintain an operational log to be submitted to the Department the first day of each calendar quarter beginning with the quarter during which completion of construction or installation of equipment occurred, The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-240 (12/05) DEP Agreement No, LE637, Attachment A, Page 2 of 3 16 D5 DELlVERABLES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables associated with the pumpout project listed in the schedule below may vary; however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the Department is based on the amount recommended and approved by the Department for this specific project. The dollars expended or in-kind effort by the Grantee shall be at least 25% of the total amount actually expended on the project. Order of Oeliverables and Amounts Dellverables Detail Project Grant Amount Amou nt Permitting State and local permits required for $500.00 $375.00 installation of eauipment. Construction Labor and materials required to $0.00 $0.00 prepare site for eauipment. Renovation Labor and materials necessary to $0.00 $0.00 restore pumpout eauipment. Equipment Purchase Pumpout or waste receptacle $13,345.00 $10,008.50 equipment and associated piping to be installed. Equipment Installation Plumbing supplies, delivery and $23,210.00 $17,407.50 labor. Operations and Maintenance Necessary repair of equipment $3,700,00 $2,775.00 includina parts and labor. Information signs and Advertisements, handouts, pumpout $1,000.00 $750.00 brochures logo, channel marker, and operational sianaae. Education and instructional Brochures or handout information $0,00 $0,00 materials about the Clean Vessel Act and the eauipment available for public use. SewaQe HaulinQ SewaQe Haulina Total Proiect Amount $41,755.00 Total Grant Award Amount $31,316,00 Total Match Amount $10,439,00 DEP 55-240 (12/05) DEP Agreement No, LE637, Attachment A, Page 3 of 3 ATTACHMENT B GRANT PAYMENT/MATCH REQUEST 16 D5 Collier County Board of County Commissioners LE637 (Project Agreement No.) Grant Number: F0921 CV A 07-481 (Application No.) (GRANTEE) DEP Division: Law Enforcement DEP Program: Clean Vessel Program Billing No,: Match Credit Requested? Yes_ No_ Billing Date: Payment Requested? If Department payment is being requested, an invoice on your letterhead must accompany this form. DEPARTMENT (75%) Payment GRANTEE (25%) Match $ Permitting $ Construction Renovation Equipment Purchase Equipment Installation Operations and Maintenance Information (signs, brochures) Education and Instruction TOTAL $ $ Certification and Attestation: I certify that documentation has been and will be maintained as required by the Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in the Clean Vessel Act Grant Project LE637. I further attest, under the penalties of perjury, that (name of the marina or entity) has complied with the provisions of the grant. NOTARY PUBLIC: Subscribed and sworn Before me at Grantee's Project Manager/Attestor This_day of (Title) Date (Seal) DEP 55-240 (12/05) DEP Agreement No. LE637, Attachment B, Page I of 1 16 D5 ATTACHMENTC SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Granteell or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F,S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, 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 Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hltlJ://1 2,46,245,1 73/rfdll/cfdll,html, DEP 55-215 (04/06) DEP Agreement No. LE637, Attachment C, Page I of 5 16 D5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 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, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Enviromnental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i,e" the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.t1dfuom/fsaa/or the Governor's Office of Policy and Budget website located at bJ.te:/'www.,QlIt!gct.statdllls. for assistance, In addition to the above websites, the following websites may be accessed for information: Legislature's Website htto:,','v./ww .le~.5t~\'.:Jl!!~_W e ktilll(,. i_~l!lt;.:'S,--~,u.l), Governor's Website b!!J2.:./',\v\vw.mvllorida.col11/, Department of Financial Services' Website httO:i \vww.l1dfs.l'om/ and the Auditor General's Website h!Jp':'::/~\~i \\1. state .n.lIs,' a ud l.!,C Il'J:!;lw:Jb~<l.Jlllll. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any addirional audit requirements imposed by the State awarding entity that are solely a matter of that Srate awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event. the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, 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 directlv to each of the following: DEP 55.215 (04/06) DEP Agreement No. LE637, Attachment C, Page 2 of 5 16 D5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section ,320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP 55-215 (04/06) DEP Agreement No, LE637, Attachment C, Page 3 of 5 16 D5 4. Copies of reports or management letters required by PART III oftltis Attachment shall be submitted by or on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to tltis Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55.215 (04/06) DEP Agreement No. LE637, Attachment C, Page 4 of 5 d 2S ~ 0 ..l ..l 0 ""' ~ :I: I-< ""' 0 I-< '" - '" z .... 0 I U I-< I-< - Z =:I ~ .... ::E ~ ~ I>ol gj Cl < '" - ~ 0 I-< I-< Z < ::J ~ ". I-< Z ~ - ". 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'0 ~ "E 5 ill '0 d5 es: ~ ~ 8 ~ '0 r;, ~ g ~ ~ 8' ~ ~ uc: Li:r~ ~E ~E Cl8 ~ 13 - ~e~ Ill'" ~~~ gi!:21 "l!iflj !r - i..; oi!:i ..~ ' ~ii .. ~ B 2: Eiil2 till ::r::~'" ~u 2i l!i;;! fill 13 Ill" .el i!::l! ~:- ~ iit!l" Z (I 0 III iil :l :;) e UI ... .. .. l!l h~ a: ~ ....UI ~ i!:ii l!iiR W III Uf c~~ L~ !il!l~lli !l1~~ ~ ~g "E l!l cUI 2! i!:"O; ~ zi!:~~ ~ i~i~ I!! lD ~~ .. c:c:5! ~ !! i3 \ .. 2! .. .2' ~ ~ Vl ~ it! t I !j, E c: 8 ... ... ~ l!: w c ~ a >- ~ ~ '" ~ ~ f ~ ;3 c: 8. ::J ~ ~ e 0. :;, " ~ 0. ':; 5f <1l :6 '0 0. ~ :g ~ " ~ .~ ~ {l ~ 8 ~ .:; l; '" '" c: .2 i - " ~ ~ '" c: '" ~ ~ ~ e ... l; ~ ~ ':; ~ n '!s n " Ii!' 0. 0' - " ~ -6 ~ roO M '" ~ ~ . NO 9Z M- e" ~~ ;H "'0> ",c 0. a. ww 00 16 D5 ~ ~ ~ :;, c: <1l E 0. ':; 5f <1l :6 '0 0. :2 ~ " c: :t o 0> c: '" ~ ~ .e ~ 'VI i .~ j " 8 l c: E Cl l; ~ '" 0> c: '" " ::J ~ << <<I i!l " 2! II: ~ ~ :; ~ MEMORANDUM Date: June 4, 2004 To: Amanda Townsend Parks and Recreation From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Summer Food Service Program Enclosed please find one (1) original of the document referenced above (Agenda Item #1607), as approved by the Board of County Commissioners on Tuesday, May 25, 2004. An original is also being kept in the Minutes and Records Department. If you should have any questions, please call me at 774-8411. Thank you. Enclosures "'~._-"---~._._.- l' 16D1 MEMORANDUM OF AGREEMENT 1607 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, Approved as to form and Legal sufficiency: 12~/ -J Robert Zacahary Assistant County Attorney BY: UNTY COMMISSIONERS R COUNTY, F,OR!DA ~ c:::r~ Donna Fiala, Chairman THE DISTRICT SCHOOL BOARD OF C?!7I~R ,COUNTY BY: M~4 Dick J. ruce, Chair Item # 1<., b 7 ~~~;da !;L~-'~.:J2'-1 ~'I"'t", L i/ 0 LI ,.,. . , 'P" -,. ., i:'\:~-..~ .---.-.- d:Im~) " ".y,~i~ 'RiI<-"'~"'''- en c: ~ ~ m :;0 "Tl o o o en m ;:0 < (') m "0 :;0 o (j) ~ s: "Tl o ;:0 (") :r ;= o ;:0 m Z )> G:l ;:0 m m s: m z -I ~... ~~ ur ........_~,-. --- ---- ! ~. i~:l;.t': '" , I: ...~.. 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"'n>'" "' .fl ~.CD ::I. ~-g cg [ llln_ 3 CII::ICO(l) ::I",::r CD ", CD .. c...fIJ !. a o 0 '" '" ~.., -- MEMORANDUM 16El TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Thomas A. Deusa I) Real Estate Services 1 rf>""-------- DATE: May 25, 2004 RE: Naples Jail FP&L Easement Agenda Item 16E1 .. May 25,2004 Bee Meeting Attached you will find the following item for execution by Chairman Donna Fiala concerning the above transaction: 1 . Easement Please forward the Easement to Minutes & Records, for attestation. [Note: After attestation of said document, please call extension #8073 for document pick-up as our Department will record all necessary document and return original.] Thank you. Attachments as stated MEMORANDUM 16E1 TO: Trish Morgan, Supervisor Clerk of Courts Minutes & Records Mrtgem~ Thomas A. Deusa..j:pr . Property Acquisition Specialist Real Estate Services FROM: DATE: June 14, 2004 RE: Naples Jail Expansion FP&L Easement Please find attached an original, fuBy recorded FP&L Easement, dated May 26, 2004, for your records. The FP&L Easement was approved by the Board of County Commissioners on May 25, 2004, Item No. 16E(1). Please feel free to contact me at extension 8037 with any questions concerning this matter. Thank you. attachment as stated cc: Property Appraiser's Office Inventory File L,-3 Work Order No, 4336-42-547 EASEMENT Form 3722-A (Stocked) Rev.7/94 16El Sec, 12, Twp, 50S, Rge, 25E, Parcel J.D. 00389600008 Prepared By: Name: ],W. White Co.Name: FP&L Co. Address: 4105 S,W. 15th Ave, Naples, Fl. 34116 (Maintained by Property Appraiser) 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 Cincluding 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 WIIEREOF, the undees'gned h" ';gned end ,ealed thi, ;n'tcumen340siss1c" OR: O!3S7fpd:032S6'' Board of County: ommissioners RECORD!D in OPFICIAL R!CORDS of COLLI!R COUITY PL Collier Count. orida OS/26/2004 at 02: 09PH DIlIGH'!' I. BROCK, CLIRK ' RIC PBI 15.00 DOC-.70 .70 COPUS 3.00 Retn: R!AL ISTA'!'B SBRVICBS BI'!' 8073/'!'OH II'l'BR OPFICR 3301 Tamiami Trail East Naples, Florida 34112 Attest: ,.,'....'" . ". Dwight.E.:~C)}jK( (C~r.k- ~.l~i~ ~(! At~'~/U/'tf"'(Jj.,~Y~ I ' . s 1 an:&ta. r ':OAl'y ~,~' ~ ~ ~ : 33TH :r' '~~Ii1~Ea~' . '". .t 1-1' . ~. Naple~~F1o.nd3' 341l2'C'~~ .- ", ,,,..'...... '. ~. "'....,.... '\,T ,'" '. '/::! . ....J <(\~ " ->",,1 '''';~'!~T'11 ~."., Approved a~'!tJ'MJtlj\l/l1d Leg"yfJ""en,y.' /' ~ ~ \d~~~ - Ellen T. Chadwell, Assistant County Attorney THIS CONVeYANCe APPRoveo BY THE BOARo OF COUNTY ~ COllIER COUNTY, Fl~ · PURSUANT 10 THE PRCM8iON8 ~ Ac;.E~l)A '!:.Te..., i(.,E', 5bs(c~ . . COASTAL ENGINEERING CONSULTANTS INC ~'X' ,0 '"'BIT :;:::.,H, page--L-of tt 7. 16E Planning Services Survey & Mapping Coastal Engineering Real Estate Appraisal Website: wwwcoastalengineering.com A CECI GROUP COMPANY NAPLES JAIL CENTER PROPOSED FLORIDA POWER AND LIGHT EASEMENT LEGAL DESCRIPTION A STRIP OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: corVIMENCING 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 'IO"E ALONG THE EASTERL Y PROLONGATION OF THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 88,37 FEET TO THE POINT OF BEGINNIN(';; THENCE CONTINUE N89041' 10"E 10.00 FEET; THENCE LEAVING SAID LINE SOooI8'50"E 18,00 FEET; THENCE S8904] , I O"W 214,0 I FEET; THENCE S05025'57"W 212.] 1 FEET; THENCE S43022'44"W 16.44 FEET; THENCE N66012'54" 79,78 FEET; THENCE S89047'04"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"W TO A POINT OF TANGENCY; THENCE S42034'30"W 172.35 FEET: THENCE N46021'34"W ]6.00 FEET; THENCE N43038'26"E 10.00 FEET; THENCE S4602I '34"E ] 0,81 FEET; THENCE N42034'30"E ]62,26 FEET TO A POINT OF CURVATURE; THENCE 37.08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45,00 FEET, A CENTRAL ANGLE OF 470]2'34", A CHORD DISTANCE OF 36,04 FEET BEARING N680]O'47"E TO A POINT OF TANGENCY; THENCE N89047'04"E 209.48 FEET; THENCE S660 12'54"E 62,55 FEET; THENCE N43022'44"E 5,95 FEET; THENCE N05025'57"E 217,72 FEET; THENCE N89041 'IO"E 213.05 FEET; THENCE Nooa 18'50"W 8,00 FEET TO THE POINT OF BEGINNING, C> ::=t:J THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,398 SQUARE FEET OR 0,17 ACRES OF LAND, <..-.> c...n --.:I <..-.> """'=' Ci".) SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, c:::> (.....) c...n --.:I RICHAR[1 J, EWING, V, , PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SiGNATURE AND THE ORIGINAL RAISED SEAL OF /\ FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 04,062 DATE OF SIGNATURE: 5"- S". 0 ~ 3106 S. Horseshoe Drive, Naples, Florida 34104 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mail: engcollier@cecifl.com ~~( <, <,,-"" , , , , , , , , , , , , , , ','"I-... .s" """,t ......',"~.j, ~.j,' ,Q~ Qt,"'\"~ )'''''''''~cl'. ~.t." , "", , , , , , , , , , , , , , , , , , , ",'" \ \\~ ~\ \ 1\ II , I I I I I / / I I / / 1/ , r "'I / I : I "'/ /z ~/ 'I:; ~I I~ ~I '0 '/ /"; "", ,,., ;;;1 I~ l",'l" ;;;/ lit . I' , I / I JW~ I I I I '/ / I '/ / I ) I I I ;.:;/ } W I .;;; I~ .."'7 /-.'f ~. 19>'-! ~/ I,,;~ , I. ~I I.~ I IJ: I . 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Clo.-- z."l:l .....,- !;!~~ ~o'-- if!>o ~.,,~ zoZ ....~;;:j ;;0;;0 > z o I I I I I r / Lil / 0> L__ Ll '" QI "l ~ o "" .. ... .. ~ E fij ~ ~o ~Z ~'1:1 ~~ ~~ ;i; :~ "'-3 ~~ Z -3 CIJ '1:1 o Z -3 o ~":I c: :i!(') ,.,0 ~~ ....13:: " Otz:l t~z " ,., (') lii"'tz:I >o~ ~;tz:I ~!<:z iiI~-3 Z QI "l ~ ..: ~ ,., ~ <.. '! '1:1 o ~ o ":I .... g ~ ..... < '" tz:I !<: :i! @ ~g~ _ ~E~ ~ -f~8 Z ~g~ t;':l "c:'" J;;"'io ><~.., 16E2 " MEMORANDUM Date: August 25, 2004 To: Jack Crognale, Prinicipal Project Manager Facilities Management From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department RE: Amendement #4 Construction Administration Services For the Courthouse Annex Enclosed please find three (3) original documents as referenced above, approved by the Board of County Commissioners on Tuesday, May 25, 2004 (Agenda Item #16E2) One original is being forwarded to the Finance Department and one original document is being retained for the record. If you should have any questions, please call me at 732-2646 ext 7240. Thank you. Enclosure (s) cccc~v 16E2 \~ . t. ~',"t. , \.'" , , ;.,"'ft, ,~ r'-lI: ii\ i~\ / ~ ~1'.__.........1 L ,ft.- \ ;1....)1 ,[ J. I /~ 1 I I 'Pi, P"-\ . ..~, ., 1 /',,1 \.j-~:f'-'It~\~/ ITEM NO.: DATE RECEIVED: ,f,{ ~(... S'" 5 C.'-1' ,,., '~ ,--' I "1' [,' "Q " t <j' U ~I FILE NO.: ROUTED TO: () '1 - ;Jf. fY1 - OCJO /:;- DO NOT WRITE ABort TillS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) From: Jack Crognale Title: Principal Project Manager 14 ~cX 1\) J"t t Date: To: Office of the County Attorney, Attn: - Department: Facilities Division: Adminstration Telephone # (Very Important): 774-8380 Re: Amendment #4 Construction Administration Services for the Courthouse Annex (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific. concise, and articulate.) Please review for Legal sufficiency (Are there documents or other information needed to review this matter'? If yes, attach and reference this information.) This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Please review for legal sufficiency OTHER COMMENTS: This has already been approved by the Board on 5/25/04 16 E 2 The Contract for some reason never made it through the ranks. cc: (A!.!. requests must be copied to your appropriate Division Head or Constitutional Officer,) 16E2 EXHIBIT A-I Contract Amendment # 4 "Construction Administration Services for the Courthouse Annex" This amendment, dated , 2004 to the referenced agreement shall be by and between the parties to the origi al A eement, Spillis Candela & Partners, Inc. d/b/a Spillis Candela DMJM (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"), Statement of Understanding RE: Contract # 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 Contract 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 December 31, 2005, The Contractor 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" and per Exhibit "Amendment #4 Revised Project Schedule" attached hereto and incorporated herein, All other terms 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 their hands and seals on the date(s) indicated below. CONSULTANT ", ' '''/ . .. ~,:.:; . B~OC~,Cl~!tt" . A'tt,~ as\.tj."f.b(~n S S {~j~~.~~~~~- I" . ~tl ?Jt" ~ .DC- t By: Title: Dated: PotJIlL:[) :T. I)I.()OR€ 'P~ I t.Jci PA L- AU~. II. .;2004- ATTEST: r\ /l- ~' Corporate ~cretary/Witness By: ~N1 rJ L.. \V\1l--L-f.fi- Dated: ~') \..-- f'), 1,v.;I ~.. ~f't: '1 nfJf~t:/_.-. t '-~i>~~: .. if fI, . .. ~ . ..;,' f , . ~ .', ., "(;,' "" .', .A.l:>lES:t;.-",., l-' .', \I.'" ' f ~-; ',:'" (~7\~(.'~-";"\j,~ "'" , , CORPORATE SEAL OWNER: By: Item# JCoE~ Approved as to form and Legal sufficiency: J SpilIiscande1a. Peter J, Spillis, AlA Hilario F. Candela, FAIA Julio Grablel, AlA Guillermo Carreras, AlA Donald Dwore, FAIA Dean K, Newberry, !IDA Jesus Cruz, AlA Oeborah S. Klem Michael Kerwin, AlA Paul Reinarman W, Ronald Hunt, PE Jorge Iglesias, AlA Enrique J, Macii!, AlA Sandy O'Neil Los Angeles San Francisco Orange Phoenix AlbuquerqJe Houston T Miami Orlando Chicago Columbus New York April 22, 2004 16E2 Washington, DC Denver Colorado Springs Sa It La ke City Fort Worth Oallas Detroit San Diego Los Alamos Rlchland, WA Kuwait City 800 Douglas Entrance North Tower, Second Floor Coral Gables, FL 33134 T 305,444,4691 F 305,447.3580 www.scpmiaml.com AMENDMENT #4 Contract # 00-3173 Additions to the Scope of Work 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 NE 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) Construction Administration fees for floor 4 (shelled) Expenses for Construction Administration fees for item 1 above r Total for Phase 3 services: $ 162,690.00 Included in Amendment #3 $ 17,000.00 $ 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, FAIA Principal cc: D. Klem S. Bener R, Macia Florida License AA 0003298 AN AECOM COMPANY 2,1,2 A lump sum fee of: 2,1.3 A lump sum fee of: 2.1.4 A lump sum fee of: 2,1.5 A lump sum fee of: 2,1.6 A lump sum fee of: 16E2 AMENDMENT #4 Contract # 00-3173 Estimate of Construction Administrative Fees Already under contract. For the Schematic Design Phase of the Project. Already under contract. For the Design Development Phase of the Project. Already under contract. For the Construction Documents Phase of the Project. Phase 3 One Hundred Sixty Two Thousand Six Hundred Ninety Dollars ($162,690.00) for the Construction Administration Phase of the Project. Seventeen Thousand Dollars ($17,000,00) for the Construction Administration Phase expenses 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, 6-month warranty inspection, and 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 performance 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 performed, 1bE2 AMENDMENT #4 Contract # 00-3173 Revised Proiect 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 August 6, 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/Construction Administration Phase, This review period is from August 6 through August 13,2004. 3, The Bidding/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. 4. The 14 to 16 month period for Construction Administration Services is an estimate. The fees associated with an extended Construction Administration phase beyond the 16 months estimated are to be negotiated based upon the work to be performed, 16E5 "~:i MEMORANDUM Date: June 3, 2004 To: Michael Dowling, Property Acquisition From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Lease Agreement with American Towers, L.P. Enclosed please find (2) originals of document referenced above, approved by the Board of County Commissioners on Tuesday, May 25, 2004 (Agenda Item #16E5) . One original has been kept for our records and one has also been forwarded to the Finance Department. If you should have any questions, please call me at 774-8411. Thank you. Enclosures 16E5~.~ MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners Michael Dowling ~ Real Property Specialist Real Property Management Department FROM: DATE: May 24, 2004 RE: Execution of a Previously Approved Board Item For execution by the Chairman of the Board of County Commissioners, please find attached a Lease Agreement ( 4 copies) concerning a previously approved item, The Board of County Commissioners approved this Lease on May 25, 2004, Item 16 E 5, Thank you, Attachment as stated Licensor Site Name/Number: Corkscrew, FL /2\16 E 5 Licensor Contract Number: ~O Licensee Site Name/Number: 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, Florida ("Agreement") is made and entered into this ~ S't1- day of ~ ' 2001by and between American Tower, L.P" a Delaware limited partnership ( icensor") and Collier County, Florida ("Licensee"). RECIT ALS WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of land located at 12340 Immokalee Road, Naples, FL 34120 more commonly known to Licensor as the Corkscrew, FL tower site (the "Tower Facility"); and WHEREAS, Licensor and Licensee entered into a certain License 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) Licensor and Licensee agree and acknowledge that Licensee installed one (1) Decibel omni antenna (model #DB81OK-XT) and one (1) 7/8" transmission line at the mount height of One Hundred Seventy Five feet (175'), two (2) Decibel omni antennas (model #DB564K) and two (2) 1 5/8" 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 J'1NtSRICAN TQWIiiR Licensor Site NameINumber: Corkscrew, FL / 229~ 6 E 5 Licensor Contract Number: 526(1; Licensee Site Name/Number: Big Corkscrew Fire / 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/IOO DOLLARS ($3,600,00) per year, payable in equal monthly installments of THREE HUNDRED and No/IOO DOLLARS ($300,00) ("Increased Fee"), The Increased Fee for any fractional month at the beginning or end the period shall be appropriately prorated, 4) Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as that set forth in the Agreement. 5) All other terms and provisions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF PAGE LEFf BLANK INTENTIONALLY] ^ .b""'ii:RICAN TOWi;R Licensor Site Name/Number: Corkscrew, FL /22910 Licensor Contract Number: 526(h Licensee Site Name/Number: Big Corkscrew Fire / N/A 6E5 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this First Amendment to that certain License Agreement as of the day and year first written above: DATED: AS TO THE LICENSOR: y f:J \. f" '1 American Tower, L.P" a Delaware limited partnership By: ATC GP, Inc" its sole general partner v~7~j ~ Wifuess (signature) By: . ~Ptint N annis Macheras ./ 'e: Director, Colocation & Administration Ne;( L, C/cJc;/c.,,,. .-R,<.k<.rJ.. (, Ross-, I J( , (print name) AS TO THE LICENSEE: BOARD OF COUNTY COMMISSIO COLLIER CO Y, FLORIDA DATED: G:,. 3, o~ ATTEST: DWIGHT E, BROCK, Clerk By: - l' () f i..... 1"jr:;. , ""'"Vt!i.'1) -'-', ~ "~',,"',,',,'.",", ~ BY: ~Q. . . '. ,.be. e&lt,Y ~ie ~ ",,,, " Attes~ ~~~ ~:. 'hI1.~'~~ S 1 gnat~.. CM,(!J" '~~,1 .: t';. g Approve~j' I.,~'forn\.AIJt'~g~~ficiency: c.:, "., ."",,~ \. '/u~, '~~\,"~, ~ ~ l" , ,t~ 1\ ~:,,,- tOW\.. " , . " Thomas C. Palmer Assistant County Attorney Donna'Fiala, Chairman Item # llee 5 ~~~;da 5 f~5}~~ Date '''3. OLL Rec'd _ _:1 ~~~L A '<M:RlCAN TOWliR " . D LOCATl:~N :JF :~:)ST JIV.Ek E:;;,I,ll-':tvlENT /I or MCKSlCAB~NETSlBTS LEASED GR,()ll)IT; SPACE DIMENSlONS (fu.L.>:.W) (ft) J'lDDITIDNAL OROlTNI:J SPACE REQTJIREMENTS (HXLl,\V) TEU::OfINTERCONNECT REQ'_IJREM.ENTS PJ'PUCANT f'RO'vTDED GENERATOR INFORM.A7:0N rvw.,'TJF ACTTJRER FTTEL TYPE INDOOR CAKNBTS (ATC' BIJlI<iUlg) 12'" 12' }.26' lZ'xlO'x8' POTS 0 o Frot'!lI1e , , /.,N"':'ENNA C;.:rJANTlTY TRi'J\'SMJT :)1< kECENE M.AJ'i-'FACT'Ji<.ER TYPES OF AN"TE:-JNAS MODELl; Al';THNNA 'hEIGHT (Per AntenrHI) ANTENNA DIMENSIONS (&W1D) (lrviICate feet or ulcnes) ANTE..'iNAMTINT HEIGHT (ft) RJ:.D CENTE:k A2L (fn MUTTN: TYf'E ~FIl',sh. PJatf"onl\, F'1pe, T -frame, eIC) reWER LEG DIRECTION of RADIATICN IX FREQrTENCY :.:..\ F1i.E~r_'ENCY AJHE!'.'NA l1NN If cf UNES PEk A/':TENNA :..J!\"E TYPE ;.11'."8 DIAl'.1BTER , , Mf.N1}FAC:UIillR TYPE & MODEL TYFE of SERV::CE TX POViER CUlP'JT E:<.P A'v'ERAJE MONTHLY PO\},,'EI< CONST.1MP71ON (Ir APP'IC!\t1k .1 ELECTRIC S3R'V1CE REQUIRED (ffilF~Nolt:s) r::OlvUslNEWII or FORTS (~plI'JIlPJe only d" USUlg Mlmter CombulU",gS)'!Itemj Receive Dec'lblePro1uc\:S FibergJ.-; DBSlOK-XT :'l6Lbs 14' X3" 17Y 168' SIde ann South 3fiJ 01. BlO-8L'MHz lOdB hlll"<1hne 71'e.'.' M/ACOM M5ter III EDACS Pn\l!lleR!ldlO 100W!I:t:i \9'wl.ltts 890W!l11Ii 200 AMFS/240 \101m ma.>. " : shelter Irc.....'ER PRO\IIDED BY TI D NONE D o,~ TANK SIZE -=~ Tnll1~nlll DeclbleJ'roduClIIi Flbergll.ll58 DB'64K _~.3 11:05 D4XI6.. pipeOlounted off top or lower Norrt,ellS&t 22 Degren;;northe8St S....-BOOMHz 14dB LDF7Q : ~18" y~ D N/A NIA N/A NlA N/A N/A NIA NIA ~; 19'" :'Y2: ,I, , ExmBIT A REVISED OUTDOOR SHELTER (l.."\,stomo:r BUlldU"l~;) 0 EQTIIJ'MENT SHELTERiC.ABlNETfbTS CIf'vffiNSIONS (I-i.>LW) (ft) CONCRETE PAD DIMENSI':JNS (u..\ii) (ft) ATC PRO',,1DED 0 t&::'::kO'J./A'V'E. 0 MJ>.KEI M::::DBL NlA (tie llllo e^>SIUlg Io'U"e D~Ft lank) BCDY TYPE SEO'OR tJ. D13M Trell~mlt Tr!lnsrl1lt and Rec\l D~.clble Pro<iuCl!li "",,",w FlbergJ8SS MlcrOW!lve dlSh wI rlldome- Do" 54K (1) P66.. D (1) PLA.e;, .~.3 lb:i 278 10. n', 6.' C' lB3l1:"~:lA;'; 134XI6" 6'dlSh 4"olSh 19Y 167'(P6MD) 137'(PL4-M) w,. ]67' (P6 6~ D) I3T(F';.A.M) plp~mo\Jnterl "rftop ()[ lower pipe Northwest North west 22de~esnortheast 2..~2..5 (\egrees 3_~_~-8W "MHz 6.52.~-6lI75 MHz 01, 6~2~.687.'i MHz 14 dB ::NdBI LDF70 RWe0. 1"/3" ]" ehptl'J~1 No 0 ColhuCounty 12' 7. 12' ~ 26' 12' ~ 26' lTTIUTY COMI'ANY DIRECT FIbER OPTICS l1enSet ICAFACITY (y;y",~1 1'r-~ cor}\t::~C~F] BTS D "l'TAIMHA o D J.' r:\V ~~IA NIA )I/A ~/A NfA NfA N/A NIA NIA Nip. NlA NIA NIA NIA N/A NlA NIA NiA NIA "'" N/f, :.:.IA ::~IA j'llA NiA N/A Nit\. Nit\. NlA .....-: "1 ~ N/A Nit-. Nit-. I<it-. , " , , , " NIA NIA NIA NIA HlA NlA NIA N1A NIA NIA N/A NIA N1A NIA NIA NIA N/A N/A NIA N/A N1A NIA NIA NIA NIA WA NiA N1A NiA NiA NiA 16E61, MEMORANDUM Date: June 3, 2004 To: Michael Dowling, Property Acquisition From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Lease Agreement with City of Naples Airport Authority Enclosed please find (3) originals of document referenced above, approved by the Board of County Commissioners on Tuesday, May 25, 2004 (Agenda Item #16E6) . Kindly forward this document to the appropriate party for the required signatures and return one fully executed original to Minutes & Records. If you should have any questions, please call me at 774-8411. Thank you. Enclosures 16E~ 'I MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners Michael Dowling \~ Real Property Specialist Real Property Management Department FROM: DATE: May 24,2004 RE: Execution of a Previously Approved Board Item For execution by the Chairman of the Board of County Commissioners, please find attached a Lease Agreement ( 3 copies) concerning a previously approved item, The Board of County Commissioners approved this Lease on May 25, 2004, Item 16 E 6. Thank you, Attachment as stated 16Ec MEMORANDUM FROM: Office of Minutes and Records Clerk of Courts Michael Dowling ~ Real Property spec~a~V Real Property Management Department TO: DATE: June 9, 2004 RE: Item 16 E 6, May 25, 2004 For your files, 1 am attaching an original copy of the fully executed City of Naples Airport Authority Lease Agreement North Quadrant, The item was approved under Item 16 E 6 at the May 25, 2004 Board of County Commissioners meeting. Thank you. Attachment as stated CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT NORTH QUADRANT COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE ST ATE OF FLORIDA (COLLIER COUNTY SHERIFF'S OFFICE) 1, USE OF LEASED PREMISES 2, LEASE TERM 3 ' RATES, FEES AND CHARGES 4, OPERATIONS 5, 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 11, SIGNS 12, ASSIGNMENT AND SUBSEQUENT LEASEHOLD IMPROVEMENT 13, DISCHARGE OF LIENS 14, INDEMNIFICATION 15, INSURANCE REQUIREMENTS 16, ACCESS TO LEASED PREMISES 17, SURRENDER-DAMAGES 18, DEFAULT-TERMINATION 1 16E6 177071.54/23/2004 19, DESTRUCTION OF LEASED PREMISES 20, AIRPORT DEVELOPMENT 21, ATTORNEY FEES 22, PRIV ATE MAINTENANCE AND SERVICE 23, AUTHORIZATION 24, FLIGHT OPERATIONS 25, AIRCRAFT HAZARDS 26, AIRPORT OPERATIONS 27, OBSTRUCTIONS 28, CONDEMNATION 29, GOVERNING LAW 30, BINDING EFFECT 31, REMEDIES CUMULATIVE-NO WAIVER 32, NOTICE TO PARTIES 33, ENTIRE AGREEMENT 34, DOMINANT AGREEMENTS 35, RADON DISCLOSURE 36, HEADINGS EXHIBIT "A": LEGAL DESCRIPTION MAIN PARCEL EXHIBIT "B": LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY EXHIBIT "C": SKETCH OF "A" AND "B" 2 ----.,.-...-...-- 16E6 17707154/23/2004 ~---~---~~--.._._._._.._-~' 16E6 CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT NORTH QUADRANT COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (COLLIER COUNTY SHERIFF'S OFFICE) THIS LEASE AGREEMENT (the "Lease"), made as of the .1ll. day of JUNE. 2004, hy aod between the CITY OF NA PLES A IRPO R T A UTHO RlTY, a political subd iv i sion of the State of Florida (the "Authority"), as Landlord and COLLIER COUNTY, a political sobdivision of the State ofFlorida, as Lessee, (the "Tenant"): WITNESSETH THAT, for aod 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 deseribed 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 he provided by Tenant to the Authority; however, such uses must be consistent with the tenus and conditions of this Lease. Subject to the Rules and Regolations of the Authority, Tenant is penuitted non-exclusive ose 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 Seetinn 308 of the Federal Aviation Act. Forther, nothing in this paragraph shall be construed to allow Tenant to cnnduct: (I) any aeronautical activities other than those described above; or (2) any activities that violate 177071.5 4/23/2004 3 -"--------.--. 16E6 C. Upon expiratioo of the term of Lease herein provided. Tenant hereby waives any demaod for possession of the Leased Premises and any structure or improvement theo 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 CHARGES A, The current published lease rate for the Leased Premises is twenty-four cents ($0,24) per sq uare foot per annum. Fifty percent (50%) of the current published rental iease rate shall be provided by Tenant to the Authority in the form of po lice protection. supervision and service; and emergency services furnished from time to time on an as needed basis as determined by the Authority. Tenant and Authority acknowiedge and agree that the Tenant shall provide these vaiuable police and emergency services to the Authority by placing and maintaining within the Naples Municipal Airport the Collier County Sheriff's Office Speciai 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. B, The actual rate to be paid by Tenant for the Leased Premises is twelve cents ($0,12) per square foot ($0. \ 2) per annum. Tenant hereby covenants and agrees to pay for the Leased Premiaes. as shown and described on Exhibits "A" and "B", the rate of twelve ($0,12) cents per square foot per annum, for a parcel of land of 162,3 10.25 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 7 6/ \ 00 DO LLA RS ($1.488.76) for parcel "A" and ONE HUND RE 0 THIRTY-FOUR AND 34/1 00 DO LLA RS ($134.3 4) for parcel "B," plus applicable sales tax, all due in advance on the first day of every calendar month during the term 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 received by the Authority by the 10th of the 177071.54/23/2004 7 16E6 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 a\1 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 I2(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 177071 ,5 4/23/2004 5 ~._------_."--".,_." 16 E 6 '"It .~ .,~ Authority, provided, however, Authority agrees that before any such cancellation it may make available and offer to Tenant, for the balance of the Lease tenn remaining, opon the 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 S{) tenninated. After the Authority gives Tenant notice of its intent tn relocate Tenant pursuant to this provision, Authority shall elect one of the following two options, (1) In the event that AutllOrity elects to relocate pursuant to this provision, the actual out-of- pocket costs of moving Tenant's equipment and other property to tbe new location shall be borue 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 recover compensation or damages from the Authority as a resuit of Tenanfs relocation to the replacement premises for the then remaining term 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 Tenant is entitled to present claims or recover compensation from the Authority, except for actual out-of-pocket moving expenses, (2) In the alteruative, the Authority will have the option to tenninate this Lease, in which case, as its exclusive remedy, 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 terminate, the Tenant shall receive a payment from the Authority, equal to a figure calculated as follows: The amount paid by the Tenant for the actual construction costs of the permanent improvements, constructed on the Leased Premises, shall be multiplied by a fraction, the numerator of which will be the number of months then remaining on the term of this Lease, not including any extension or renewal thereof, and the denominator of which will be three hundred sixty (360) months, the resulting figure is the amount that the Authority will pay to Tenant. (Example, assuming $330,000 construction cost and 10 years left on the lease upon termination: $330,000 x 120/360 == $110,000,00), Tenant hereby waives and releases any and all claims for costs, expenses and damages against the Authority, except for this payment. 177071.54/23/2004 6 16E6 ,!~ . i~ C. Upon expiration of the term 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 CHARGES A. The current published lease rate for the Leased Premises is twenty-four cents ($0,24) per square foot per annum. Fi fly percent (50%) of the curreot published rental lease rate shall be provided by Tenaot to the Authority in the form 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, B, The actual rate to be paid by Tenant for the Leased Premises is twelve cents ($0.12) per sq uare foot ($0.12) per annum. Tenant hereby covenants and agrees tn pay for the Leased Premises, as shown and described on Exhibits "A" and "B", the rate of twelve ($0,12) cents per square foot per annum, for a parcel ofland of 150,219.25 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 THIRTY-FOUR AND 34/100 DOLLARS ($134.34) for parcel "8," plus applicable sales tax, all due in advance on the first day of every calendar month during the term 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 received by the Authority by the \ Oth of the 177071,5412312004 7 16E6 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 pennitled 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 tenninating this Lease Agreement for Tenant's non-payment of ren~ 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 th is Lease shall be in no event less than the base rental, payable as said above. The parties, bowever, agree tbat 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] ndex (pursuant to the Index for U,S, City Average for Urban Consumers), 4, OPERATIONS A. In the use of the Leased Premises pursuant to this Lease, Tenant shall conduct its operations in an miiitary and proper manner so as not to interfere with the rights and privileges of other users ofthe 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 comp !aints about the conduct of its business, Tenant agrees to cooperate immediately to address such complaints and correct any improper conduct. 177071.64/23/2004 8 16E6 B. The responsihility for setting brakes, placing chocks, or otherwise securing any aircraft is solely that of the Tenant. Authority is onder no obligation to move Tenanfs 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 MATERIALS 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 Tenanfs 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 Sheriffs 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 provisioo shall be cause for immediate termination of the Lease, 177071,54/23/2004 9 16E6 6, SERVICE, UTILITIES, 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. Shou Id Tenant's operations require add itional utility service fac i I ities, Tenant shall, at its expense, extend such facilities to the Leased Premises and pay the cost for all lahar and materials involved. Authority's ohligation under this provision shall he 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 dishursed, plus interest at the rate of 1.5% per montb or fraction thereof. IfTenant fails to pay Authority the cost of utility services plus interest withio thirty (30) days of the payment hereunder hy 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. 177071,54/23/2004 10 16E6 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 hy 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 om iss ions of Tenant, its employees, successors or assigns, in violation of any State, Federal, or local law or regulation or rule oflhe 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 he liahle for any damages or loss suffered by Tenant, or for injuries to persons or Leased Premises occasioned by (1) 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 (1) 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 hy the act of the Authority, or its employees, agents, successors or assigns, 177071.54/23/2004 11 16E6 8, ALTERATIONS, ADDITIONS AND IMPROVEMENTS A. Tenant shall he required, and herchy 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 tbe Authority and applicable goverumental rule, regulation or circular. Tenant sball be responsible for all repairs and maintenance, and upon failure to do so, may be charged by the Autbority for such repairs and maintenance. Tbe new taxi lane shall become the property of tbe Authority upon its substantial completion, B. Upon completion of the contemplated real ignment of Patriot Way, Tenant agrees to lease the additional land between the Leased Premises and tbe south edge of realigned Patriot Way, at the then current rental rate (between the Tenant's existing northem boundary and the southern boundary of the rcaligned 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 many 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 teno of hereof, will become the property ofthe 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 cquipment, and further shall replace all broken glass with hurricane quality glass to then current building code. In the event Tenant fails to promptly 177071.54/23/2004 12 16E6 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, Tenanfs 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 tenn 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 REGULA nONS 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 the 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 Muoicipal 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 ofthe Executive Director as he or she may authorize. Subsequent to any such amendment, the Authority shall duly notify the Tenant, 177071.64/23/2004 13 ,-~'-'---'-'~ -,----_.._,_.,,-_..-~ . 16E6 ... B. Tenant hereby agrees to compty with Authority's Leasing Standards and Requirements for the Naples Municipal Airport ("Standards and Requirements"), also on file in the offices of tbe Executive Director oftbe 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, 1 l. 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 nse of the Leased Premises. All signs shall be approved by the Executive Director in advance, and shall in any event be in conformance with ordinaoces 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 & SUBSEQUENT 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 fi ling of any I ien, or any other charge whatsoever aga inst the Leased Premises, the Authority or its 177071.54/23/2004 14 16t6 property, Tenant shall immediately notifY the Authority and take all necessary action to secure the release ofthe lien and shall provide, at Tenant's expense, all honds, security or undertakings to accomplish the release of the lien. In the event Tenant fails to secure the release ofany the lien, the Authority shall have the right, hut not the duty or obligation, to take any action it deems appropriate to secure the release of any such lien including paying the nnderlying 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 tbe 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, 14, INDEMNIFICATION Tenant hereby covenants and agrees, to the fullest extent permitted by law, to defend, indemnify, and hold tbe 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) wh ich occnrs in whole or in part as a result of any act or omission of the Tenant, inclnding, 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 occnpancy 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 hangared, 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 REQUIREMENTS Tenant agrees to secure and maintain in force at its expense, police, fire, extended coverage and Iiahility insnrance coverage for the Leased Premises, its activities, use of the Leased Premises, for its 177071.54/23/2004 15 16E6 operations at and use of the facility and any other part of the Airport, iocluding 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 $1,000,000.00 per person and $1,000,000.00 per incident and shall not be subj ect to cancellation or change except after fifteen (15) days prior writleo 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 al10w Authority's Executive Director, or other duly authorized 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. 177071 ,5 4/23/2004 16 ----"-_..__.~_.,.__..._.._-- 16E6 18, DEFAULT-TERMINATION A, The following shaH constitute an event of default on the part of Tenant: (I) 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) Nonpayment. 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 Oblig: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 om iss ion cannot be eliminated within the sixty (60) day period and if, in the judgment of the Authority. the Tenant actively and suhstantially 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) Bankruptcy. 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 ofthirty (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 ofthe continued performance ofTenant's obligations under this Lease. Further, Authority shall receive all the protections available to creditors under the United States Bankruptcy Code including, but not limited to, Section 365 thereof, as amended from time to time; 1770715 4/23/2004 17 ---~-~--_.",.. ..-.-"'- 16E6 (S) Receivership. The appointment of a receiver to take possession of substantially all of the Tenant's assets or the Leased Premises, if such receivership remaios 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 (l 0) business days after the levy thereof; (7) Insolvenc~, 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 reorganizatioo, arrangement, composition, readjustment, liquidation, dissolutioo 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. (l) Termination, If an event of default occurs, Authority shall have the right, with or without notice or demand, to immediately teoninate this Lease, and recover possession of the Leased Premises or any part thereof and expel and remove therefrom Tenaot 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 a1l of the 1770715 4/23/2004 18 16E6 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 ioterest under this Lease shall not constitute aD electioo to tennioate Tenant's right to possession, (3) Dama~es Upon Termination, Should Authority terminate Tenant's right to possessioo of the Leased Premises or to tennioate this Lease, Authority shall have all the rights and remedies of a landlord, in addition to governmental police power, all as provided hy the laws of the State of Florida. At its optioo, 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 he 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 tennination of possession or this Lease, in additiun to any other rights and remedies to which Authority may he entitled under applicahle law, Authority shall he 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 oftermination; (ii) the worth atthe time o[award of the amount hy which the unpaid rent which would have been earned after tennination until the time of award exceeds the amount of such rent loss that the Teoaot proves could have heen reasonably avoided; aDd (iii) the worth at the time of award of the amount by which the unpaid rent for the halaoce ofthe tenn after the time of award exceeds the amount of such reot loss that the Tenaot proves could be reasonably avoided The "worth atthe time ofaward" of the amounts referred to in (i) and (ii) shall be computed with interest at the lesser of eighteen percent (18%) per anoum or the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (iii) shall be computed hy reference to competent appraisal evidence of the formula prescrihed by and using the lowest discount rate permitted under applicable law, 177071.5 4/23/2004 19 ------ 16E6 (4) Computation Of Rent For PurDoses Of Default. For purposes of computing unpaid rent which would have accrued and hecome payahle under this Lease, all unpaid rent shall he accelerated and shall immediately become due and payable, 19, DESTRUCTION OF LEASED PREMISES 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 will 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 tenninate this Lease in which case Anthority 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 recoverahle shall include all out of pocket expenses and shall not he limited by the Florida Statewide Vnlfonn Guidelines for Taxation of Costs in Civil Actions. 177071.54/23/2004 20 --_..~_.~._----_.-.._,._. 16E6 22, PRIV ATE MAINTENANCE AND SERVICE It is specifically understood and agreed that nothing herein contained shall he construed as prohibiting Tenant from performing any services on its own aircraft with its own employees, or witb an approved product service center (including, but not limited to legally permissible maintenance and repair) that it may choose to perform, 23, AUTHORIZATION Each person executing tbis 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 OPERATIONS Tenant acknowledges and agrees that the Authority reserves unto itself, its successors and assigns, tor the use and bencfit of the public, a right of flight for the passage of aircraft in the airspace above the surface ofthe 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 navigation of or flight in said airspace, and for use of said airspace for landing on, taking off 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 permitring to be erected, any building or other structure on or adjacent to the Airport which, in the opinion ofthc Authority, would limit the usefulness of the Airport or constitute a hazard to aircraft, 177071.5 4/23/2004 21 "_ ___w..__+_.,~_.- 16E6 26, AIRPORT OPERATIONS Tenant agrees to refrain from any act or omissioo 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 obstructioos 00 the leased premises to such height as to comply with F ederal 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 sha\1 termioate or the whole or substantia\1y a\1 of the Leased Premises sha\1 be taken in condemnation proceedings or by any right of eminent domain, this Lease sha\1 terminate and expire on the date of such taking and the fixed rental and other charges payable hereunder sha\1 be apportioned and paid to the date of stich taking. For purposes of this paragraph, "substantia\1y a\1 of the Premises" sha\1 be deemed to have been taken if the untaken portion of property cannot be practica\1Y and economically used or converted for use by Tenant for the purpose permitted by this Lease, B. Nothing herein sha\1 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 sha\1 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 sha\1 be 177071.5 4/23/2004 22 -""--..-.---.- 16E6 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 W AlVER 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 conceroing 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 stil1 proceed to dispossess Tenant andlor terminate this Lease or it's right to occupy 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, 17707154/23/2004 23 16E6 and if sent to Tenant, addressed to: Collier County Real Estate Services Dept" 3301 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 mndified only by a writing executed by the parties hereto, 34, DOMINANT AGREEMENTS The parties bereto 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 Aothority 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 \ease is executed, the provisions ofthis instrument insofar as they are inconsistent with the provisions of the lease to the Goveroment, 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 ofthe Airport. 17707154/23/2004 24 35, RADON DISCLOSURE 16E6 Radon is naturally occurring radioactive gas that, wheo it has accumulated in a building in suflicient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have heen 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 he 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, SEAL ATTEST: by: ~ Theodore D, Soliday Executive Director SEAL ATTEST: ~ ..J ,5-, .,;).A <.l '/ , ," :M<~'" 'I.'i, DWIGHT E,~Qa':~~~~' ~"," e..~"", BY~d:;t)'[/ii~i~~':!~~- ,-. ~J,?~:~e~ .~to CIlal,..'S Appr9". ';, . i~m al'l~~"'OR 1,. lea .,,,,...,.'.,'J. '~~! ....;.\'\.'~":,.)~.;t v..., . ~' Thomas C. palmer Assistant County Attorney BY: Alice J, C ChairmtJ BOARD OF COUNTY COMMISSIONERS, COLLIER CO TY, FLORIDA )~ By: no Chairman \tem# ~ ~G._ ~~~~da d:. 5/ ~t./ (p - /0' ()1 17707154123/2004 25 ----^.~".--- EXHIBIT IIAII LEGAL DESCRIPTION MAIN PARCEL 1~E6 DESCRIPTION PARCEL A: A PARCEL. OF LAND LOCATED I,N SECTION 35, TOWNSHIP 4-9 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS'. .... o o N COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL.ORIDA AND RUN NORTH 89"34-'26" EAST ALOi'IG 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 SOUTH 45"09'16" EAST, A DISTANCE OF 38,21 FEET; THENCE RUN SOUTH 75"13'11" EAST, A DISTANCE OF 237,15 FEET; THENCE RUN SOUTH 44"34' 47" WEST, A DISTANCE OF 592.69 FEET; THENCE RUN NORTH 45'25' 43" WEST, A DISTANCE OF 404,37 FEET; THENCE RUN NORTH 44"20'50" EAST, A DISTANCE OF 130.02 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 BC:GI.NN\NG. E 0.. cr> "" ... >. '" ~ ::;: <{ I- CONTAINING 148,875,95 SQUARE FEET OR 3418 ACRES OF LAND, MORE OR LESS, <D o -;::- z o >= a.. a:' u U1 w S ry :;: -0 CL ::J U1 oJ N .... ,.., o /' 00 N .... ,.., o ~ U1 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. ,4642 & L.B. #642 DESCRlPTION NAPLES AIRPORT AUTHORlTY DATE OS/200d. _.-"..~-"."_.~--'- - ---,-~- ",""-,"-- EXHIBIT lIBlI LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY 16E6 DESCRIPTION PARCEL B: A PARCEL OF LAND LOCATED \N SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING N10RE P ARTICULARL Y DESCRIBED AS FOLLOWS: "" o o '" tD o COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUN TY, FLORiDA AND RUN NORTH 59'34' 26" EAST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF SECTION 35, A D\ST ANCE 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.E3'3 FEET; THENCE RUN SOUTH 75'15'22" EAST, A DISTANCE OF 251.29 FEET', THENCE RUN SOUTH 44'34'47" WEST, A DISTP,NCE OF 56.89 FEET; THENCE RUN NORTH 75'13'11" WEST, A DISTANCE OF 237,15 FEET; THENCE RUN NORTH 45'09'16" WEST, A D\ST ANCE OF 38,21 FEET TO THE SAID POINT OF BEGINNING, >= c.. a> l{l "" >- o ::E ::E ~ >- CONTAINING 13,434,3 SQUARE FEET OR 0,308 ACRES OF LAND, MORE OR LESS. N z Q Ii: oc u Cfl w S. a> ~ -0 CL ::J Cfl '" '" "" '" o /' '" '" "" '" o /' Vi 2350 STANFORD COURT NAPLES, FLORIDA 34',12. PHONE (239) 434--0333 FAX (239) 4-34-932.0 E.8. ~64-2. & L.B. #64-2 DESCRlPTION NAPLES AIRPORT AUTHORlTY DATE OS/2004- 1 C --_...,~.._,.~...<.""'- EXHIBIT "C" SKETCH OF 11A" AND \lB" 16[;,6 p::j POINT OF COMMENCEMENT / NOR';"rl~ST CORNER OF THE SQUn1 i/''Z of SECTION J.5-49-2~ 1 I N89'34'26"'E F- -- - t- - - --- --0","" -7- NORT1-1 UN!': OF T1-1E SOUT1-1 1/2 OF SECTION 35 ~ \ 28.03' FQtlNO !lIS- PIN NO lOENTlFlCA 110M _--- __ - - -::.::.:;;1---- -- ----- -- ---:---- -- --- - ---' 1 I I \ I I I I \ \ 1(11 V'\~ ;;l~ 1..-l1,~ ~.l., (' FouND J/4,." PIPE AND CAP /sr,.pfSJ '1Jl ..1' o 100' 200' ~~ ""1 GRAPHIC SCALE IN FEET ,"- ":;QQ- S' CH...IN-UNl< ~NCE \ 0'6'" ',,,- \ +/- ,EOp ~CC€SS !~OAD "01' S44'34' 47"'''11 56.89' E 0- .". o cO r~ ~~ ~ / " n. .." 0- ~ l:! <L => I/l 00 '" .". n o ./ rJ) '" .". n o ./ Vi NAPLES 1VIUNICIPAL AIRPORT "" o o '" u:i o >. o ::;: ::;: <( >- -;::- J: U t;:j ;,<: ~ 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHO~IE (239) 434-0333 FAX (239) 434-9320 E.B. #642 &: L.B. #642 DESCRIPTION NAPLES AIRPORT AUTHORITY SHEET 1 C DAfE OS/2004 ---.--... ...-,.------. 16Fl. MEMORANDUM Date: August 30, 2004 To: Gail Hambright, Administrative Assistant Tourism Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: 2004/2005 Tourism Agreement Between Collier County and Pardise Advertising Agency, Inc. Regarding Emergency/Disaster Relief Advertising Plan Agreement Enclosed please find two (2) original documents of the 2004 Tourism Agreement, (Agenda Item # 16F I) as referenced above, approved by the Board of County Commissioners on Tuesday, May 25, 2004. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure (s) Aug, 26, 2004 3: 16PM Naples @ Marco Island ~ - ..... - - - -- ~ - - Everglades- PAAADIIlI! OOAST DATE: A..ut16,1104 collier tourism No, 3381 p, TO: Sbe.... MedlavUIa FAXN: 774-8848 FROM: GaB BalDbrIPt NOTES: PIeue lad I..un.ee ,.pen for PandiH Adnrtilinl. n.ak you for a.1 your ...I.taate Number ofpaacs _ludiDg this cover Nt 3. Please calJ (239) 403-2384 if you experience any transmission problems. Coaveatioa II VltltOI'l a..... 3"' N. Honulloe Drive .nIl. Nt"'" n 3~1'" T (:13,> 413-2314 · r (239) 403-2..... wu.Jte www...radIteCHILeom 16Fl u a / ~ u g, 26, 200 4l. 3: 16 P MU o"IUI c,"'~" ...."'......"1111'''::''. collier tourism -~ .&. I.e. la~~~'/:rt:" No. 3381 p, ~~O2/003 ~. 1:6 F 1 CERTlFICAT& OF UABILITY INSURANCE I d.,. ,..1lICNVl ~ oa,IS/1t ""'1MlIIl J.-.."....-.... TMI8 <<:IIU'lPlCATE I' IIlVID ... A, NATT'. 0' INFOIlt."YION .ay~ ~1JUMQf. ;uu: . ONLY dD eeN""1 ND 1t'8N". UIIlON THI ceaT,,.CATI 1175 J.~ It~.t HOLDn. TH',!_,!iE"nFICATI DO.. NOT AII1r:. IXTlNb DR At. TE. TNI ~~.;. ""PoRD'D IV IN. ..DUCI II LOW. __I: "'1''-11'', IIIl' ~4S.' IN.UR.li:.. AFFORDIN. ~O"."AGE' IIIlUIIO -. - ...811I_ Dlnt.UfCII _a.nr .qorlbu 1hY~. k1ua.-., z... INSUlIIII to tUAD%.' ~IAJI'. Ii ~. DC~ ., ~a: 1J,1 .__ bd1 ...... _D: aa.a...ta, IIlI' 16.. 177""''''10 __""" I: CDV...... !HI .....aa GflIIiIIUIWIAUffiD ea_ ~ _ 'IIUI!D TO 1tC MUMD NMIEO MO'4 "OA T.- f'aUc:Y II"I!RIOD "'l:A'IED. 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Rouald F Hol.ho~.. 2011 FiJ:'ot Ave lit . St 'et~~.bu:g FL 33713 727-823-5551 _ &1:.' Nn'.lr.a.~Il9' ua MIlU'CiDII' NAlQII B 81550400009 l'l/13/D3 0IDU0TlIl&.I ~ . IIWDIlQIIICIII 11111_ ~ _"- __ _ II"'" _- r -... 1'!:fIr".~ . lt~~ . ~ClIIIWINJ'JIl&Y . ,.. I~ ~ . 0ttemwI HmJONLY; ~~ I A Prof....ional I Liabi11ty ~~_"I"'a ..PlI__hIlL 1U'IDUl8I'. . AdditioDal Inlu~.d Co~lie~ County 2004-2005 ~ouriBm Agr....Dt 111 M~ aoa~d of County ~omDi.,ioners Col11.~ Co~nty Adm1Aiatxative Service. Building G 3301 E famfa.t rx Napl.., rl 3t112 (Q)\P'U M ft~ t OFFICE OF THE COUNTY ATTORNEY k-_ INTEROFFICE MEMORANDUM .,.---- DArt RfCEI'Ii TO: Sheree Mediavilla, Analyst, Risk Management Department / AUG 2 ED C'LJ A !J 3 200~ FROM: Scott R. Teach, Assistant County Attorney 7JF-1' \ / (RISk ~ ' /\ V \', I GfMfNr DATE: August 20, 2004 I,',', ) iV Gl ~.;II~' .iI,! ,IV' VI f/ Q)"1 " i \ i h J RE: 2004/2005 Tourism Agreement Between Collier County and Paf'J.dis(({'r/ Advertising Agency, Inc, Regarding Emergency/Disaster Relief \\ AClVertising Plan Agreement . This contract was routed to our office without any indication that you had reviewed the insurance portion, I note that the Workers Compensation insurance expired on June 1, 2004 and, in any event, the County had not been properly added as an additional in:sured. -rUlLhef,ihe general liability insurance is set to expire on November 13,2004. As the above agreement also references a prior separate agreement entered into with the County on October 28, 2003, you might wish to check whether there are any insurance concerns related to that earlier agreement. Please let me know if I can be of further assistance. cc: David C, Weigel, County Attorney Heidi Ashton, Assistant County Attorney Gail Hambright, Tourism Administrative Assistant -;-y /''j.e. ~ . ./' i I ! ~ /I '-'1 p~o i..-&CX-- ..~I '- v-!.-'T . ~--..;, = :::::::::1 _. ':.-..~. 5:=:. ].':P '---.- . ,.., ,,1' ') ---' ~. / a ~ 4/ . /7\/ tj'j.,." t // /, I /1. aA. Ui"L:O^ r- r,-,) :::-.:..-/ --( ---1 )>'--' --~ I ~ e.l '=~:;;.J --L. ;..~::, fT. :< ',-."-' \..0: 1 16Fl "'" 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND PARADISE ADVERTISING AGENCY, INC. REGARDING EMERGENCYIDISASTER RELIEF ADVERTISING PLAN TillS AGREEMENT, is made and entered into this J. "~day of M ~ Y , 2004, by and between Paradise Advertising, Inc., a Florida corporation, hereinafter referred to as "PARADISE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY and PARADISE entered into an agreement entitled "Tourism Development Council Marketing Services" dated October 28,2003; and WHEREAS, on May 25, 2004, the Board of County Commissioners approved an Emergency Disaster Relief Plan of up to $300,000; and WHEREAS, the Board desires to enter into a separate agreement with PARADISE regarding the marketing and implementation of the plan. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. After issuance of a letter or notice to proceed in full or in part and in accordance with the Budget attached as Exhibit "A", PARADISE shall develop, produce and launch the disaster relief marketing plan as directed by the Tourism Director or County Manager. 2. PAYMENT. The maximum amount to be paid under this Agreement shall be Three Hundred Thousand Dollars ($300,000). PARADISE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred for the promotion and advertising 16Fl expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that the goods have been received. PARADISE shall determine that the goods and services have been properly provided, and shall submit invoices to the Tourism Director or his designee, The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by PARADISE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. PARADISE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay PARADISE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. PARADISE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached Exhibit "A". The amounts applicable to the vanous line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of PARADISE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the Tourism Director or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be 2 16 Fl ~ ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. PARADISE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida; and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory The Certificate of Insurance must be delivered to the Tourism Director or his designee within ten days of execution of this Agreement by the COUNTY. PARADISE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING. PARADISE shall provide to COUNTY reports as requested by the Tourism Director on the duties performed and service provided by PARADISE, its vendors or subcontractors, pursuant to this Agreement. 6. CHOICE OF VENDORS AND FAIR DEALING, PARADISE may select vendors or subcontractors to provide services as described in Section 1, COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors, PARADISE agrees to disclose any financial or other relationship between PARADISE and the subcontractors or vendors, including, but not limited to, similar or related employees, 3 16Fl agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures, The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION, PARADISE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named PARADISE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. PARADISE's obligation under this provision shall not be limited in any way by the agreed upon price as shown in this Agreement or PARADISE's limit of, or lack of, sufficient insurance protection, 8. NOTICES, All notices from the COUNTY to PARADISE shall be in writing and deemed duly served if mailed by registered or certified mail to PARADISE at the following address: Cedar Hanes, President Paradise Advertising-Marketing, Inc. 150 Second Avenue North #880 St. Petersburg, Florida 33701 All notices from PARADISE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director / Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 4 16Fl PARADISE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP, Nothing herein contained shall be construed as creating a partnership between the COUNTY and PARADISE, or its vendor or subcontractor, or to constitute PARADISE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10, TERMINATION. The COUNTY or PARADISE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay PARADISE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors by PARADISE, up to the effective date of the termination so long as such expenses are eligible, Provided, however, or if PARADISE fails to hold the event or activity, PARADISE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING, PARADISE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded and all expenditures must be incurred within the term of this Agreement. 12. A V AILABILITY OF RECORDS, PARADISE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. PARADISE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the 5 16Fl right to examme and photocopy any pertinent books, documents, papers, and records of PARADISE involving any transactions related to this Agreement. 13, PROHIBITION OF ASSIGNMENT, PARADISE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM. This Agreement shall become effective on M 0. Y [), S I ;jOb-( and shall terminate on September 30, 2006. 15, OWNERSHIP. COUNTY shall be the owner of all documents and materials produced pursuant to this Agreement and PARADISE shall not receive any additional compensation for their use or reproduction by COUNTY. COUNTY shall be the owner of and be in possession of all intellectual property created or furnished pursuant to this Agreement, including, but not limited to drawings, painting, photography, film, video and printed documents, unless specifically exempted by COUNTY. 16. NO DISCRIMINATION. PARADISE agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 17. AMENDMENTS, This Agreement may only be amended by mutual written agreement of the parties and after recommendation by the Collier County Tourist Development Council 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, PARADISE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written, 6 ATTEST: , - ~,) '\ DWIQ~.li'BR.ti~~~ Clerk ..;- ,. .ne ' 4;.-' j w ~~~t~f~~it~,: ' . . ~9na~.ure ~lj.'~:"._': . , '/.) ..... \;d4I:J.- '~ i~.... (1""'''\\.0' ...-~ \ \. , ...J (j.... _ _ ..,- (1 / 6on/l ,. ~ j~" 4/(-;/ , Printed/Typed Name (2)(jJ~~ Jj&L~'-' Phy///5 bALA,J Printed/Typed Name ~d as to form and ~egal~~ L ~ F. Ashton Assistant County Attorney CP: Agreement: 2004-2005ParadiseAdvertising 16Fl BOARD OF COUNTY COMMISSIONERS ::LLffiR {I;::;~ D NNA FIALA, ChaIrman GRANTEE: PARADISE ADVERTISING AGENCY, INe. "} ~ BY: (___ {.J.r~ / L t Dt+P..... ~ ~~. PrintedlTyped Name f I\i..S ) d- ~N-r- Printed/Typed Title (corporate seal) l~~~:r't.:< BONNIE LOEFFlER :*: :..t MY COMMISSION # DO 109568 ~'" :...1 EXPIRES: July 16, 2006 "~ . Bonded Thru Notary Public Underwr1tels Item # J ~F1 Agenda 5.2.5-0 ( I Date r 7 16Fl EXHIBIT "A" 8 16Fl . EMERGENCY MARKETING PLAN 2004 - 2005 For COLLIER COUNTY NAPLESIMARCO ISLAND/EVERGLADES . PREPARED BY PARADISE ADVERTISING & MARKETING, INC. APRIL 2004 e f"'lhlhd.' A L oJ. II . . e 16Fl 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. Ob1ectives . To make prospective visitors feel comfortable with their decision to visit the Naples/Marco Island/Everglades 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 Naples/Marco Island/Everglades 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. r"lh/b d- ~ o( of- II e . - 16Fl 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 Island/Everglades 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 website 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. f'th,bi} A 3 oJ- (I . . - 16Fl 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 . Website 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. . Traffic/Transmissions 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. t''l h ,1;>1 t A If Df II e e 16Fl Bud2et 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 . Online Push Technology . Production: TV /Emails/Landing Page . TV - 2 Versions . Emails - 3 Versions . Website-Pop-up & Landing Page Total $275,000 $5,000 $20,000 $300,000 e f'th,}) It A 5 vt- {{ . . e 16Fl ,../ft,-:>"''-;'l< . j; , '~ ParadIse ":'~..) .\ ,;,' Advertising & Marketing, Inc. Client Job No Product Format Draft Status Date Title VIDEO OPEN: To shots of Hurricane footage, DISSOLVE: "Jb Branding 'IV format. Footage of family on beach. DISSOLVES: Of key shots of each community a<; in branding spot. (Golf. couple on balcony, fishing)Namt.'S of l'ach edit on in sync, as in branding TV, Logo in, DISSOLVES: Floating woman, couple on boat tour, din- ing. shopping, DISSOLVE: To couple at sunset a.. in branding lV. TELEVISION COpy Collier CVB :30 1 For Approval 2/3/03 Emergency Campaign/ After a Hit. AUDIO AUDIO: MowJin, wind under ANNCR: With all the talk recently about Hurricanes in Florida.. you may have thought you couldn't go there on vacation. AUDIO: ~nd ouL Music in. Well you can. You see, for the beautiful Paradise Coast of Naples, Marco Island and the Everglades, the Hurricane is now a thing of the past. Whether you're ready to laze on the beach, take an 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. Naples, Marco Island and the Everglades... Florida's Last Paradise. 150 Second Avenue North, Suite 880 St. Petersburg, FL 33701 E'l-h,b,.}- A to of- " ,~"_~,___.,_,,~~_,'m.~'__'_'__,,_,.>""___~,__,,,_,,_..,,_",,'._d .,.,~_"."._","~....,__~"_e_"_~_'_",~.______m_ e e e VIDEO OPEN: Tu shots of Hurricane footage, 16Fl Paradise I Advertising & Marketing, Inc. Client Job No Product Format Draft Status Date Title DISSOLVE: To Branding TV fonni'lt. Footage of family on beach. DISSOLVES: Of key shots of each community as in branding spot. (Golf, couple on balcony, fishing)Names uf each <.-dit on in sync. as in branding TV. Logo in. DISSOLVES: Fluating woman. couple on boat tour, din- ing. shopping, DISSOLVE: To couple at sunset ac; in branding TV. TELEVISION COpy Collier CVB :30 1 For Approval 2/3/03 Emergency Campaign/ Missed Us. AUDIO AUDIO: Howlinl wind under ANNCR: With all the talk recently about Hurricanes in Florida, you may have thought you couldn't go there on vacation. AUDIO: Wind oul Music in. Well you can. You see, the beautiful Paradise Coast of Naples, Marco Island and the Everglades was well out of harms way, So... the Hurricane may have missed us, but ):SW. shouldn't, Whether you're ready to laze on the beach, take an exciting nature tour, visit a museum, or dine and shop til 'ya drop, the Paradise Coast is ready. Naples, Marco Island and the Everglades... Florida's Last Paradise. 150 Second Avenue North, Suite 880 St. Petersburg.. FL 33701 f''lhlblt A 1- D} (l . . e Z'lhlb d.. 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CERTIFD.'tJlII.BILlTY INSURANCE O';~4 AS TTD UAnOI ONLY AND CONPeq NO IUOHT$ UPON THf CmnFICATe HOLDIIt. 1'HIe c:mmFlCATE bee. MOT Al(liND, IXTEHD OR ~ T!R THI RAGe AFPORDID IY THE fIOUCtBIaaow. . rMg.. ~50 2nd Ayo N ste 880 St. Petexshu~g, FL 33701 727-823-9407 COVSuo.. THE ~CfEl OJ' MUMNCE LIITIiD mow MW..,.l8IUII) to THE 1NliUR50 *Mm AIOV; Fe" THE; POUCV NIIlOD INOICA'JBI. NOTWmltfANDINO AHV.~~, T!RM OR ~ OF AHr ~r OR OTIoII!R ~WITIoJ IlIIaflIIicT TO WHICH THIS ~TI AlAY BE 138UED o~ M.\Y" .....N.&, '1lfE -uwa NII'OfU)Ib By TN!! ~ CISGRi8EO HEA!IN 18 .....01 1'0 ~ 'nil! TERMa, IiiXClUSIDNe ANO OOI<<)tTIC;IN& OF 8VCH POl.! .'-'''.CMT&UIoIl'I1ll!lfolOWNW.Y~Vii~~C1'Y''AIDClAJMa. . 1'OIJe\"".,.... UttIq . HAlQP B S1550400009 11/13/03 I'll" LOG DlMI!!lI I A Profe8aional I Liability ICAlI'1IOIID"CIlIM4 OAllONI'VfHtu""DCO' '~Il_. ~NDOM"'~ . Additional insured C011ier County 2004-2005 ~OU~iBm Agreement fr'l~LEl.11iC11' . ~Dl.WlJUItY . -I lIOQ\.YIN.IuI\~ . ,.. L Jt>.Aj ~~WAOI! $ OTHelntwl I\UJOON~Y; tACl1 OClCURIlINCE II DecvoTlOl.l R5Y5H11OM . WlItIi(MIIiOMrENSA'IIOWfD EllIPLOYlIIlAIAIlIU'tt =~~~tln... - :O!I'tTJRCATE HOLbBlt aoa~d ot County CQmmi.~ionera Cc11ia~ Co"nty A~n1atra~ive Servicea BUilding G 3301 E ramia~ r: Naple., Fl 3.112 CANe! nON sttaIILD&In' OIITK1AacM;;IlUC~.. aAMca~lJt'Iel'OAlTtll _lRA'JJo!rj MTI ftIREoF. nt!i:.......ltlIUMAYttl,lollMJliAwtmllWL .!.l2.- U\'II MlImN J/DTlClIII'V THeCMTI~~~""IP:l',IKrrFIULUlaO lHIlOlH~ .......Na C*.IClA'rIaNoft UAIItnYCl(It AIfV lllND Lmlft IN IHIU....,.,.. Al:lllll!'S DR 811'Ra.-.rA'ftV... AlII1tCiiiiRijjj COJtPo ~r _VI ~VYV IIUU LL,UV l'ua lfYUUUUUl 11:11 NOV 25, 2003 TEL NO: 383-3472 . +23037e PAGE: 2/3 16Fl CERTIFICATE OF LIABILITY INSURANCE I l>"TIi~ ACORl)... 11/H/03 "tf.oallCa. 1.1'77.2" .ClSO Tltl$ CeRTlFICA'tiO IS ISSUED A8 A MATTl>k OF Il'lFORMATION r.ycbex A!J'O'''''l'. lac:... ONLY AND CONfERS NO RIGHTS UPON THE CERTIFIC" TE HOLDER. THIS CERTIFICATE DOES NOT ANENO, EXHND OR 4)0 Lift".... Avenue AL TER THE COVERAGE AFFORDED BY THE POLICIJ::$ IIJ::LOW. SlOtt. 200 Jtocb...tar. .lIY1U25 INSURERS AFFORDING COVERAGE .'~. - ...-. - ... . '. .--...-. _ED ~IIIA' tv1n Cs.~ Tire XDeu.raACe Coa9UlY r.Y~A~K J~in... $gl"tiga.. Ino;:. "ARAD~'Z AllVEt'U81ll(: .. ~ET%Il'Cl. %~. 1NSUtCt...U' "N~EIle '11 '.aor~ Trail 8~tb ... ... "'u4ItE" D Ilo<:h.. t.~. tIY leus . .-. . ~_..- vn-2U.USO ...w.,.. c COVERAGeS Tilt f'CX.1C1C:i of" ~uA.4N<X uSTl!D IoC:LOw W\\fC 'UN ISSUE.Cl TO THE: __SUREO _0 ",eov" FOPl TIE POlICY ""RIOO INOfOl.TItD. IoIOTWITI-4STANDING NN ~EQUIfUi"'l;f'fT, Tl;RM OR CONOITIOIII OF ~NY COt(TAACT CIA O,"ER DOCUMENT WITH RESPECT TO W~ICIl THIS ef;RTU'ICATE MA'i R I&~uet) OR MA.Y PlmTAIN. THE lNSURN<<;e N'!'OfUlED 8'( THE POlICIES D€SCRlBEO t1EREIflIS lWlIJEC'T TO Al~ 'TllE TlIWS, EXCWSIQNS N{O CQNQlTION$ OF S\,IQl POUCIES. AGGReGATE LIMIT" -=~~ _., HAVE aeCN ~EOua:D a'i ..,.,0 ClAIMS, __a___. f'IDUCY 1'i"'51;'1'1II' PQl./I;\'__ .. ..- . . ..- -------. ....... . ... ~TO ~ or .'!IUItMct -_II. INdCfIIlIit"orrrJ ..\1'5.......,..,. ........ ~UMIU1Y fACll~ . - a.wE.cw.~~U" i~~~~~. S - :J CWMa - 0 o<:cul\ , .....,.-..--- - MtCl...-"...,.... .......... . f"IIQIQfIUllL.""'~ . - _..--- - _....._OATt . -9'-Fi'="'Fi .',o'''l<:n -c:o-IO" _ , IJ'OI re. .Il'CT U1C .!!: ~~..-zn l':OWWifoa SlM.itC '.1 _Ill'fO "'.- I - ~U'W'LUHltO:;' I IOOolV""""" - I ,..,- . IC~EOMf,= -~ . -... -'-. ...lwuAUlM I fOOll.TIoIUI'V _.oooM:D ""0; ,.., -... l ,- ! .-'. . _. n_'" . ..---.,. . , ._n......._.,._ ~ , . 1'NIPSl1T_ . ..-- s R::~ I ....ro_v, EA..eCoClE~' S. or_ """""'0 ......c; , ....... OQ; S , u:ass~ I , ,~~~,___.. ___.j I, ,,--, D ClAMSIMOE :- _~rc !. - . -.... .. - ........ .__.~ '- -- . is CEDuCT....E " -~ I ----. .... ; , "CTtNT1QOI , : S A wo.cpq,~~'tQN AI40 1i'lPWY5U'- 02. "" V71tOO 0"01/03 Ofi/Ol/04 l[ I ~~&l\~ I I Q:- ........... ,~I....~ U. ~ACCClE'I'l , 1.000.00' u. ClI$Uol;E. EAEW'UlT1!E . 1.0110.000 E.!. lIlSEA"; . raucv...., 1 1.000.000 ......-.... ....... ., __Clf'O_-"~v_,_,,,__,___. ~ISEC3D.T~H;G ~"Vrn;~. P%~~O<l to oaly "bo.. ""'Ploy.... 1a...od t:o. ~~ ao~ .ubcQQt~.ctor. a~; CeRTlf'ICATE Hot.OER I l--.-~ CAtfCf;LLATIOW "OVLD AM or nit: 4WIOW: Df;SCIIUIIe8 ruUCM:S aE CAJIC~...e.. e&I'O<<E 1'_ E."'RAnow DATe 1'.t.MIll:S,I; ADVDTlSlMlO " ~DIG. DI\:. T"E.fU:O'~ ,. ltau.... ..SVttU wa.L eN'u.vea tv .M. .1.2.. eA'I1i W.I'rTt.. 1IfQ'-lCr na 'M5 CHtlflCUE NOLan N.....fD TO THE lifT. aur FAIl'" '0 IlO so SMUl .l>OS~ NO OIlIGUOOII 150 SECOND AVE. lIIOJl'l'R Ole U..ILtf, iii At<< a... Uf'OtIf ,tct; ...su.f..It.:l ..nt,. 0_ .C1'IIt:.srNTntYf';S SlJXn: no ST. PETERSBUIlQ. PL ))101 AlIntgcqrD tV.:PtW:K..,.Anw;: .";'-~-"'~~7' USA. f ACORD 2$.$ 11/97) lIIWOr 14853,)2 C ACORD C:ORl>DI'U.'tIOM 19M ACORD . '" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOOIYYYYI 11/13/2003 THIS CERTIFICATE IS lSSUED AS A MATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER IHE COVERAGE AFFORDED BY THE pOLICIes BELOW, 1 :PON HQEHOUSE FRX NO. :7278943339 ~OOUCER Ronald F Holehouse 2011 First Ave N st Petersburg FL 33713 727-823-5551 'iNSURED _. Paradls'e Adverti:iinq and Market~ng I~ INSURERS AFFORDING COVERAGE 1t-/i;lIRERA: Nati~nWide Ins.,. Co. INSU~ER B: J.lSURGRC: . NAIC# 150 2nd Ave N ste 880 St. Petersburg, FL 33701 727-823-9407 COVERAGES THE POt..ICII:S OF INSURANCE LISTED BELOW HAve 9EEN ISsueD TO THE; INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIIHSTANOrNG ANY REQUIREME:NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'rHlS CERTlFICA TE MAY BE ISSUED OR MAY PERTAIN. THE; INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUSJeCT TO AU. THE TERMS. EXCl-USIONS AND CONDITIONS Of SUCH POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE 9EEN REDUCED BY PAID CLAIMS, ~R .... .. I"OUCYNU~B~ ~LICYEFF8CTIVE I POi.~l1:XPIRATIO~ -. -----uMITS-. .-. GE~RAI.LIABlUTY EACH OCCURRENCE S 1, 000 ,0 0 . T"i:rRmrE . X COlAlIoIERCIAlGENERN, LIABIlITY PRl: ISES (Ea ~ren<:e s.l 0 0, 0.0_ .. J CIAIMSMAol: ~ OCCUR MEOEXP{Anyone~l 510 , 000 77 BO 254338 J,1/13/03 11/13/04 f>I::~~A!.&';':'IN.IVRY. $"1., O~O, 000 . -. OF.Naw. AOORE~TE $ 2, OOO,lJD1)' f>Rl?OUCT6- C~IOf'AGG . s 1 '. 0 0 0 , 0 0 .----.- INSURt;R I}; lNSUREI'\ E: A Lac 11M' IUJrO AU OWNEDAuTO$ SCHl:OlJt.Eo AUTOS X HIRED AUTOS X No*OWNEtWJTos COMBlNa)SINGLEl.lMIT lEa aa:tdentl 51,000,000 A 77 BO 254336 80011- YINJURY (Pf:r /'(1raon) $ 11/13/03 11/13/04 BOOlL '\"lNJtJfty (P~rqcddenj) $ PROPERTYDAMAOE (Perao::k!et\Il s ~AAAGE UABlLtrY ANYAUTO OTHERTlfAN AllTOOHLY; AlJ!OONLY-EA....CCIDEN'r I:AIICC EXCESS/UMaRElLA UAalUTY J OCCUR 0 ClAlMSM~ AGG $ $ S $ $ $ 5 S EACH ~RRF.NCE A,O~GATE DEOUCTIQU;; RtTENTION $ WORl<ERlCOMPENSAOOtANO EMPLOYERS' UA81lfTY IV<< I'flOI'(<F.rom>ARTNcrUl'IQ;t;1.JTM llffICE~EREXct.uolf;l\7 Ifyes,de=lbeundet SPEC'^LPROVIsJONSb.J(ow DnfM W;S .ATU- L !'; E.LF.Al?1ACClPENT $ F~L blSl:J\SE -. EA GUPI.OYEE $ E:.l. DISEASE- POLICY LIMIT S DESCRlPllOtOF O,.ERAT\Otfe LOCAllQNS'VJ:HCLES' EXClUSIOUSADDEDBYEHPORSEMEN1 e,.fCIALPROVlI!IIOtlS Additional Insured; Collier County CERTIFICATE HOLDeR Collier County hdministrative Services Building G 3301 E Tamiami Tr. Naples, Fl. 34112 CANCELLATION SHOUl..D AHY o~ ABOVEDESCRlElEOPOUCles6E c.o.NCELLED BaFOREtHE EXPIRA TlON PATE THEREOf', THE ISSUlNGIN$URER\'VII..1. ENOEAVOOTO MArL _3. ~ DAYS WRliTEN NOTlCE;TO THE CE!RTlFICA TEtIOLOE;RNAMeD TOTHE U!FT, BUT FAILURE rcvo 50 SliALL 'MPose No 08UGATlONOR UAalUTYOF ANY KINO UPO(oI THE INSUR~1r.3 AGENTS 01'\ REPRE;SelT A11Vl!J>. AUTHORfZ.l'ttI REPRE!Sl!NTAlIVE CORPORA Tt0N1988 ACORDZ5(2001/0B) (MMlDDfYY) . jjCORDrM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Paychex Agency, Inc. 1-877-266-6850 04/01/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 430 Linden Avenue Suite 200 Rochester, NY 14625 INSURERS AFFORDING COVERAGE INSURED Paychex Business Solutions. Inc, PARADISE ADVERTISING & MARKETING, INC. INSURER A: Twin City Fire Insurance Company INSURER B: INSURER C: 911 Panorama Trail South Rochester. NY 14625 877-266-6850 COVERAGES INSURER 0: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE tJIIMIDDNY) DATE (MMfDDIVYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone r.e) $ - b CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I nPRO.n POLICY JECT lOC ~OMOBllE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Eo accident) $ --.:. All OWNED AUTOS BODilY INJURY - I (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODilY INJURY I-- (Per acctdent) $ NON.OWNED AUTOS I I-- I-- PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ =1 ANY AUTO OTHER THAN AUTO EAACC $ ONLY: AGG $ EXCESS lIABILITY EACH OCCURRENCE $ ::=J OCCUR D CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' 01 WN J71900 06/01/03 06/01/04 1 WC STATU. I 10TH. lIABILITY X TORY LIMITS ER E.l. EACH ACCIDENT $ 1,000,000 E.l. DISEASE - EA EMPLOYEE $ 1,000,000 E.l. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSflOCATIONSlVEHlClESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WORKERS' COMPENSATION COVERAGE IS PROVIDED TO ONLY THOSE EMPLOYEES LEASED TO, BUT NOT SUBCONTRACTORS OF PARADISE ADVERTISING & MARKETING, INC. CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE PARADISE ADVERTISING & MARKETING, INC. THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION 150 SECOND AVE. NORTH OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. SUITE 880 ST. PETERSBURG, FL 33701 AUTHORIZED REPRESENTATIVE PcZ~ USA ACORD 25.S (7/97) khirschl 1735711 @ ACORD CORPORATION 1988 PROCLAMA TION 16H 1.-' .... 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 Civil War veterans organized the Hebrew Union Veterans, an organization that was later to become the Jewish War Veterans of the USA,' and, WHEREAS, thousands of Jews haVtJ died in combat for their country 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 indicates 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, the Air Medal, the Silver Star, and the Purple Heart. More than 51,000 Jews were listed as casualties and 11,000 died In combat,' and, WHEREAS, today, the Jewis~;;, all its for~#{ltJm~ .....i{ .........i) Americq$f/ctiI~/!f1ti~{tradlflDiIi;iw. injusti 'IJJt.,d!icr;minatio"')tg;qIL,,~.~....... ~A combats anti-Semitism in ...,tfommitted to upholding . , prejudice, WHEREAS, endents through 'fId maintains ajor cities WHEREAS, tradition as NOW THEREFOR Counfy~if/lJl"la. designa.,.d 'Sioners of Collier o-une lfh 2004, be DONE AND ORDERED THIS 25TH day of May, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~)~ DONNA FIALA, CHAIRMAN BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 25,2004 16' 1) 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 April 10, 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, B. Minutes: 161 1. 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. Immokalee 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 Aviles, 13, Productivity Committee Meeting - Minutes of March 17,2004 161 l~ :'I Clerk of the Circuit Court RECEIVED I 2 2004 Collier County, Florida Board of CountJ Com~fsstOhe~$ Finance & Accounting Department MEMORANDUM Date: 02/06/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 31, 2004 through February 6, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records, If you have any questions regarding this correspondence, please telephone me at 774- 8481, ~'es: i'" \.' ~~s!o-4 , ) LQ \ ~\ ~ ~ ~ ~ m m ~ m ~ ~ m m m m m m m m m m m m m m m m m m m m m m m m m m ffi m m m m m m m m m m m m m m m m m m m m m m m m m ~ m ffi m m m m m m m m m m m m m m m m m m m m m ~ m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 00 00 00 00 00 ro 00 00 00 00 00 00 00 00 00 ro 00 ro ro ro ro 00 00 ro ro 00 00 00 00 00 00 00 00 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w W W N N N N N N N N N N ~ P ~ ~ ~ ~ ~ ~ ~ ~ 000 0 0 0 0 000 w ~ ~ ~ ~ ~ ~ ~ ~ ~ W N ~ 0 ~ ro ~ ~ ~ ~ w ~ POW 00 ~ m ~ ~ W N ~ 0 ~ 00 ~ m ~ ~ W M P a ~ 00 ~ m ~ ~ w N ~ @ ':IlL'" :'0:':', ":>!>",, "I.: ~' 61':1""'.: :' ;.:' :; i :~: 1. ... .~i:i :iEiI;:' N N N N ~ N ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ N N N N N N N o a a a 0 a a 000 0 0 a 0 0 a 0 a a a 000 0 0 0 0 000 0 0 0 0 000 0 0 0 a 0 0 0 o a 0 0 0 0 0 000 0 0 0 0 0 0 0 a 0 0 0 0 0 0 a 0 0 000 0 a 0 0 000 0 0 0 0 0 0 0 o a 0 0 a 0 0 000 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 000 0 0 0 0 000 0 0 0 0 0 0 0 000 0 a 0 0 000 0 0 a 0 0 000 a 0 0 0 0 0 0 0 a 000 0 0 0 0 a 0 0 0 0 0 0 0 0 0 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w m m m m ~ ~ ~ m m m m m m m ~ m m m m m m m m m m m m m m m m m m m m m m m m m m ~ m m w w w w w w w w w w w w w w w w w w w W w w w w w w w w w w w w w w w w w w w w w w w w m ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w W W N N N ~ N N N N N N ~ P ~ o ~ m ~ m ~ ~ W N ~ 0 ~ m ~ m ~ ~ W N ~ 0 ~ 00 ~ m m ~ w N ~ 0 ~ 00 ~ m m ~ w N ~ 0 ~ 00 ~ 000 0 0 0 0 0 000 0 0 a 0 000 0 0 0 0 0 a 0 0 0 0 000 0 0 0 0 0 0 0 0 000 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N """""""""""""""""""""" o 0 0 0 0 0 0 0 0 0 0 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ """""""""""""""""""""" N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 000 0 a 000 000 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0 000 0 0 0 0 0 0 o 000 0 a a 0 000 0 0 0 a 0 a 0 a 0 0 0 000 0 0 0 0 000 0 0 0 0 0 0 a 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C m w m m m m m m m m m m 00 m m m m m m m m m m m m m m m m m m m m m m m 00 w-w m m m m m o 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 000 0 ..... ..... ..... ..... ..... ~ ~ N ~ 0 ~ N P ~ ~ m a ~ 0 ~ ~ m m o 0 m ~ 0 0 w m ~ 0 IV ~ w ~ ~ ~ N m N 00 ~ ~ ~ 00 ~ ~ ~ ~ ~ 00 w W N N N ~ m 0 ~ ~ W W 0 00 ~ '" ..... 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I- o h ~~i;i@~ I ~c l~ I t I '~.I' ''-' -~ rJ if. (j ;<: '1 <l> lQ 1"'" tIl ~ 1-\ "'- r::; ~ ~ ~ .. ;"<J '''' ~ rv ~ i;' () 00 161 1- . Clerk of the Circuit Court ...- . Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/13/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 7,2004 through February 13,2004, In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481, , .... ~~ " '; - !.~, ~J~Sf ((oIl ~ .,.. to: m m ~ ~ ~ ~ m m m m m m m m m m m m m m m m ~ m m m m m m m m m ~ m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m ~ m m m m m ~ m m m w w w w w w w w w w W w w w w w w w w w w w w w w ~ w w w w w w w w w w w w w w W w w w ~ ~ ~ ~ ~ . . . ~ ~ ~ . ~ . ~ ~ ~ . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ l~ ~ ~ ~ ~ ~ ~ . ~ . . ~ . . ~ m m m m m m m m ~ ~ ~ ~ rn rn ~ rn ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ w w w w W W t~ W W W ~ ~ ~ ~ ~ N N ~ ~ ~ . ~ N ~ 0 ~ w ~ m ~ . W N 0 ~ 00 ~ m ~ ~ w N ~ 0 ~ ~ ~ m ~ ~ w N ~ 0 ~ 00 ~ ~ ~ ~ ~ 161 1.. 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() ~ E? c el ..... f"t 0 '< 0 0 0 0 ~ n m (J 11" '1 " lQ ... co g '1 W fir C) U1 lQ ro --- III ~ ..... ..... --- 1\.1 '" 0 ... ,.... :.: .... '" ~ 0 :tJ " ~ W 1\.1 (j U1 (J 0) 16~ 1. IT.I..~ . ...:.:.~.::.: . .~... ~, # .~.. :~u ~" 'I.; '~:: !..:~ o ct '" i" a r, f\.' e- ~ '"1 ,. ill '" ,',oJ'" I 'I\~;;: q, I: b:..' ,,;' ..:: \ii .,.;,,:.. ei ~:: ~ ~ .~:, L,1,. :"~: j ,~ ....~il ~ ',.:, ;~!.:- Ii. :~ll~: i} ~:, :::~':::: II I..:"..!!:.:: : ':<.>~. :::::::;: .:;:;:;::: .;.:,;.:,' ~:: .::;.: :~,~:;~ '~':-:": :,.;::::. ;:1;i~ii:; .:.;.:.;.' :::::;:::: I i!l;l~lil ,~W s I}): (ll f1 ..... \:::.;: ...,,..... .:.;;.;;...;,'ri. ~ ~ I. .."'..'...'::.' '''~. n. LJl'~:: :;,(;. .. ~.';; I ~ ~ /.' ~t n ~ Collier County, Florida R~~IE:$ \ 1 .- Board of County Commiss ioners Clerk of the Circuit Court Finance & Accounting Department MEMORANDUM Date: 02120/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 14,2004 through February 20,2004, In accordance with Florida Statutes, Chapter 136,06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. :~ . ?~ .i \Ult) l A-~ " 16\ @.H ..~... .'1." : .:.:. :..:;:. . 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" <0 o <:> ... t--1 I,... l" I 1-'-C-c.d ~ 6 ::0 " ~ ~ (j 1-' () .., 161 1 - 0 . " . 0> t-' 0 '"" ~ 1-' ro ;J " 'i t-'. ro OJ "'-' i .\'t.", .~... 'It". .::::::.; c: :! fIl tJ ....... ~'" . "" \) '" it "" . () ,... 00 00 'i In '" , .~... I I I ,. I I I >-l ;>( ro lQ fo'. lD " ro 'j at fir [f, lQ ro -... (0 ~ ~ 'v o o '" ~ ~ 6 ;tl .. ~ t; (j ;.:. n _J Clerk of the Circuit Court ~ ~ J. :~:~:~ Collier County, Florida Board of County Commissioners Finance & Accounting Department MEMORANDUM Date: 02/27/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 21,2004 through February 27,2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. .,' \... ..:>. ~~\"'~ .c~~ m m m m m m m m m m m ~ m m m m m ffi m m m m m m m m m m m m m m m m ffi m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m ~ ~ ~ rn rn ~ ~ ~ rn rn ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w W W N N N N ~ N N N ~ ~ ~ ~ ~ ~ 0 ~ 00 ~ m m ~ w N ~ 0 ~ 00 ~ m ~ ~ N ~ 0 ~ 00 ~ m rn ~ w N ~ 0 ~ W ~ m ~ ~ w N ~ 0 ~ 00 ~ 161 1 N N N N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ N 000 0 0 000 0 0 000 0 0 0 0 0 0 0 0 0 000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 a 0 0 o 000 0 a 0 0 a a 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 000 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 a 0 0 0 w w w w w w w W w w w w w w w w w w w w W w w w w w w w W w w w w w w w w w w w w w w w 00 m 00 m 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 000 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 00 00 00 00 00 00 00 00 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m ~ ~ rn ~ rn rn rn rn ~ ~ ~ ~ ~ ~ ~ 0 w 00 ~ m ~ ~ w ~ ~ 0 ~ 00 ~ m m ~ N ~ 0 ~ 00 ~ ~ ~ ~ W N ~ a ~ 00 ~ m rn ~ w ~ ~ 0 ~ 00 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 '0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ~ W ~ W ~ N ~ N N ~ ~ N M N N N ~ N N N N N N N ~ N N N N N N N N N N N N N N N N N """""""""""""""""""""" N N N N NN N N N N N N N N.N N N N N N N N.N NN N NNW N NN N N N N N N N N N N.N N ~ rn ~ ~~. rn ~.~ rn ~ rn ~ rn ~ ~ m ~ ~ ~ m ~ rn.m rn ~ ~m ~ rn ~ ~.~ ~ ~ rn ~ w ~ rn ~ ~ w ~ ~ """""""""""""""""""""" N N N N N N N N N N N N N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N 000 0 0 0 0 0 0 0 0 0 0 000 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ill m ill m ill m ill ill ill ill ill ill ill ill ill ill ill ill ill ill ill m ill ill ill ill ill ill ill ill ill ill ill ill m m ill m ill ill ill ill ill ~ ~ ~ ~ 0 ~ 000 0 000 000 0 ~ 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 ~ ~ ~ 0 ~ '" .... t..rI t-' \.oJ ~ m ~ 0 N ~ m ~ ~ ~ ~ 0 0 m NNW ~ ~ w ~ ~ W N 00 a ~ m m m ~ w m m ~ ~ ~ 00 a N N 0 ~ w 0 m 0 00 0 ~ ~ 0 m ~ 00 ~ t..rI W ~ 0 N ~ m .... 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It .l'lc'. ,l:li ,~" .cr... '($'.,. C [f) 0 w - 0-, 0 ..,J - 0 l}1 l}1 CD 0-, I Hi I ,:. - >-J 1 ~: (J r0- o 11" 'i rtJ lQ f-'. co r; 'i ar &r fJ lQ rtJ ...... rtJ 'i >-' >-' ...... '" c c .. ~ ~ ~ ;u .. ~ :;; ~ ;.:. (J C 16j ... ---- . l~ - Collier County, Florida RECE'VEO Mi~Y 1 2 2004 Board of Countj Commissioners Clerk of the Circuit Court Finance & Accounting Department MEMORANDUM Date: 03/05/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 28, 2004 through March 5, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ! 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I-' if .~... e~ IV c:: .~.... tn t::l : ;v ... &l - w '" '" OJ ... > I Ji W 1tJ k ~ ~:.: ,-] o rt '" .... o .." ~ .... ro " ct '1 ,... ro Ul n Ii () ..- '1 ro l!l ,... Ul :; '1 ;E' or 51 l!l ro ...... ro '1 f-' f-' ...... '" o c .... f-' :OJ: ... U1 c:: c :<J .. r;; '^ ... ~ ;.~ n r, Ibj .... .1..., ~ Clerk of the Circuit cour[ 6 I Collier County, Florida ~ ~'RECEr\fEO MA YI 2 2004 A of County ComMissioners 8oaru. . 1 Finance & Accounting Department MEMORANDUM Date: 03/12/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 6, 2004 through March 12,2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481, . ~""~~ !, \U~,\~ l.t \'l'...,' ..r c(. 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Q ~ t;; q OJ >-< "1 t" >' () 3: t/l ~ n t" t<l 'U 'U 'U 'U 'U 0 3: 'U ~ [() I:"' I:"' t" t" I:"' 0 t" "l 'U 3: t<l tTJ trl t<l trl ;; ~ t<l I:"' :>- 0 "1 [() [() (J] (J] [() [() Z I:"' t" "1 t:1 "1 "l "1 "1 "1 trl "l t" I:"' I:"' t" I:"' t" t<l I:"' :iii "1 t" P9 fir 5' lQ ro "- ro '"l >-- >-- "- '" c c '" f-' 3: >-- lJ1 c:: C ;0 .. ~ ~ rJ (J n " 161 1 " . 0 ct . OJ .~ 0 en II> ,., ,~ (1) ;j rt '1 (l) m ..... c:: UJ 0 - l~ "" ~ . ( 00 ... ... 0 0 ft .(,l :11I.'.: "'" .~... ~ ~ ~ ~ ~ ~ <J n C7 ..., n ~ 1 ;>;" '1 (l) lQ 1-" m rt (D '1 n9 m: 5i lQ (1) -.. (1l '1 '" '" ... " C c ... Clerk of the Circuit Court l~JE'v,l, ... Collier County, Florida ~I i' \;' l' 'j 200~ t"\i'""'. i t. d Of County Commissioners Boar Finance & Accounting Department MEMORANDUM Date: 03/19/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 13, 2004 through March 19, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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(l a E III ~ ~-l r Cj ow:: o o ( g ~ )> 0 "J :0 ~ 1il o )> H '0 w ...., o o ... ~ t;:; ~. '" OJ U1 rt '" W Z ill rt ,". o @ H 01 OJ ;:l ;>;" o "" Z III '0 ,~ 11> OJ r iii (l ;0 " (J) LQ ,.. OJ 8 t1 ar &;: 51 u~ ro ........ CD " ..... H ..... '" o I;> ... ...... t-' 3: t-' U1 c:: 0 ;0 " ~ ~ ri VJ () ... 16l 1. Clerk of the Circuit Court RECEIVED Collier County, Florida Mt~Y 1 2 2004 Board of County Commissioners Finance & Accounting Department MEMORANDUM Date: 04/02/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 27,2004 through April 02, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ~. r,,"" ....,,'pt"'. t'll~r'l~. ',~:~Jl ! ,j;)" D~te'. .sl~4 I; LUJ!\~ . 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(J c 161 14 RECErVEO t:lIG,'{ 1 Z 2004 aoard of Countj Commissioners Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 04/09/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period April 3, 2004 through April 09, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 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OJ ~ Ii ar &;: 6\ LQ It> ...... ro >i .... .. .. p ..... ,~ o o '" ..... ,,"' 3: ... ... c:: 0 ;tJ .. ~ ... lJi ~ ;,;. n 'D .""" 161 . 11 ~ '0 p- TJl S t-'; r~r (} i{ i1 r, Si ----- >-' >-' 'J o o "" ----- t~ @ 6 ;0 .. ~ ;';; (1 :i~ () \0 161 11 r: I g r .' ., (~ " ii: I li'l r~,-.L~i . ~ I ~~~. -"",~.,- !,; ~J ~. ;" il '" ~ .~:: ....~I!: (] [ ,,- t, rtl tQ ~ iJI fir 'l I I . -r '/'''' U1g: I -s,,', g I .~.< >...;~J It' 6:;: ~ l,Q fP .......... (D r; 1'-' .. " I-' ''- '-' Co' o ... ...... F..l Z ~ "" c:: 0 ;>:i .. ;:Q W ;l> l11 (\ W (] .' ... / .. Clerk of the Circuit Court Collier County, Florida 161 - 1 JRECEIVED MAY 1 2 2004 Finance & Accounting Department Board of County COmmiSSjoners MEMORANDUM Date: 04/16/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period April 10, 2004 through April 16, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. "":,"ilk) D.,.....+e. slaslaJ ..Ai , . u,Ct,> l ALl "-, ,. 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".'. "" .....'. " c..___~_"- .<."..~.....'.=,....w~ 0 z 0 III .@ '0 I-' lli ro ::l (Jl '<:: () a E (b E >-' " c "< " " r: Iii () :>; 'i ro l.Q " tJl iiJ 'i iF fir " U'1 l.Q ro , r1l 'i >-' ,..., , tv I;;) " ... , ...' :!: >-' '" c:: " :tl .. ~ ... '" (j tv 0 U1 161 II flll I~ Ii I :'@ rt I ~' :::,.:<: SL1 I ;~;; III '~ 'fir tJ fl: .:..~~ ~jjh, g " f" ~:.:. (l U. ~-< c , /:l .. ~ , ~,;, I 3:::: ..1< ' k' :2 '111 ~J :~'.. iJ r: ~ ~ ,to. ... "~.,n f4 ll' UJ I" rn (" I~ '1 I i I I I I 15' fii a: Ul (l) "'- !O '1 f-' ., " ~ "'- '" (;) <;) '" '- I'~' 3: I-'" ....,] c:: 0 ~{J .. ~ ~ ~ .. \1 ~ (] t..., Clerk of the Circuit Court 16l 1 RECEIVED MAY 1 2 2004 .. ., Collier County, Florida Finance & Accounting Department Board of County Comml SS lonel MEMORANDUM Date: 04/23/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period April 17, 2004 through April 23, 2004, In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ,. ,;'v., res: ~~ 1\~~ It- I;' L ~ ~ m ffi m m m m ~ ~ ~ ffi m m m m ~ ffi m ~ m m m m m m m m m m m m m ffi m m m m m mm m~ m m ~ m ~ m m m m m m m m m m m m ffi ~ m m m m m m m m m m m m m m ~ m m m m m m mm m..m m ~ ~ ~ ~ ~ m ~ m W ~ ~ ~ m ~ ~ m ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ W ~ .~ ~ N ~ ~ N ~ N ~ ~ W N ~ ~ ~ N N NNW ~ N N ~ ~ N N N N N N N N N N N N N N N N N .N N N N ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i "6 1 ~ t; ~ 1~ . ~ N N N N N N N N N N N N ~ N N N N N N N ~ N N N N ~ ~ N N N N N N N ~ N N N N N N N ~ N 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 000 0 a 0 000 0 0 0 0 0 0 0 0 000 0 0 o 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 o 0 0 0 0 0 0 0 0 a 000 000 0 0 0 0 0 0 000 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 000 0 o 000 0 0 0 0 0 0 0 0 0 a 0 0 0 a 0 0 0 0 a 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 000 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w w w w w w w w w ~ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w W w w W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m ~ ~ m m m VI ~ ~ ~ rn m ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W N N N ~ 0 ~ m ~ m m ~ w N ~ 0 m 00 ~ ~ W N ~ 0 ~ 00 ~ m m ~ w N ~ 0 ~ 00 ~ ~ ~ ~ W N ~ 0 ~ m ~ ~ 000 0 a 0 0 0 0 0 0 0 0 0 0 a 0 0 0 000 0 0 0 0 0 0 a 0 0 000 0 0 0 a 0 0 0 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ """""""""""""""""""""" N N N N N N N N N N N NN NN N N N N N N N N N .N N N N N N N N N N N N N NN N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ """""""""""""""""""""" N N N N N N N N N N N N N N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N ~ N 00000 0 0 0 0 0 0 0 0 0 0 000 0 0 000 a 0 0 0 000 0 0 0 0 a 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 a 0 000 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c w m m m w en m ill 00 m ill ill ill m m m m ill ill m m ill m ill m ill ill ill 00 m m ill m ill ill m en m en ill ill ill m ill o 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 000 0 000 0 000 0 0 ~ tv ~ '::" f-' ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ m ~ ~ ~ ~ 00 ~ ~ N 00 ~ 00 ~ ~ 00 ~ 00 ~ ~ ~ m ~ m ~ w a ... 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Clerk of the Circuit Court Finance & Accounting Department lC1 1; MEMORANDUM ... "-_. Date: 04/30/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period April 24, 2004 through April 30, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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III rn c. it () ~ H ri\ t!l t'- tll liT 1 ~cLl-1 c - ,):,U: P1' I 'So () ,-J . IRONMENTAL ADVISORY COUNCIL Fiala Halas Henrnng Coyle Coletta AGENDA May 5, 2004 9:00 A.M. 161 l~w ~/ Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor .. -- . I. Roll Call II. Approval of Agenda III. Approval of April 7, 2004 Meeting Minutes IV. Land Use Petitions V. Old Business VI. New Business A. GMP glitch amendment cycle presentation B. EarthMark-own Mitigation Banks presentation C. Panther Island Mitigation Bank presentation VII. Council Member Comments VIII. Public Comments IX. Adjournment ******************************************************************** , '; Council Members: Please notify the Environmental Services DeDartment Administrative Assistant no later than 5:00 D.m. on ADril 30. 2004 if vou cannot attend this meeting or if vou have a conflict and will abstain from votina on a Detition (403-2424). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~,,...\-;; ~~.~ r..~;0 (' . "',,,c. ,arms: ','. ...~ "".'~'iOI....: Date:~ IicmN I "tt)l ~ \ i" . \"();:~;es To: . , April 7,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, April 7, 2004 . 16 1 1 . ~ .. . LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: Chairman: Thomas Sansbury Alexandra Ellis Ed Carlson Alfred Gal William Hughes Ken Humiston Erica Lynne Also present: Steven Lenberger, Environmental Specialist Marjorie Student, Assistant County Attorney Barbara Burgeson, Environmental Specialist April 7, 2004 Meeting was called to order by Chairman Thomas N. Sansbury at 9:00 AM. I. ROLL CALL Roll Call was taken and a quorum was established. 16J 1.. .... II. APPROVAL OF AGENDA Barbara Burgesen requested a deletion of item VI-C: GMP glitch cycle presentation. The presentation was not prepared and ready. III. APPROV AL OF MARCH 3. 2004 MEETING MINUTES It was moved by Mr. Hughes to approve the minutes of the meeting of March 3, 2004. Second by Mr. Carlson. Carried unanimously 7-0. IV. LAND USE PETITIONS A. PLANNED UNIT DEVELOPMENT NO. PUDZ-2003-AR-4674 "COLLIER REGIONAL MEDICAL CENTER PUD" SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST Disclosures: None Those testifying were sworn in by Marjorie Student. Bruce Anderson introduced himself and the consulting team members of the team that will be testifying today: Margaret Perry; Ken Pasarella; and David Wilkenson. We are in agreement with all of the environmental staff stipulations listed in the staff report. This is an application to rezone property that is presently zoned agricultural and travel trailer/recreational vehicle to PUD 60 acre parcel to east side of the intersection of Collier - Boulevard and Lely Cultural Boulevard. This application is to open a new 100 bed hospital and medical office building. By way of explanation, the land development code a hospital is recognized as an essential service. Ten of the sixty acres are in the activity center and the remainder is in urban fringe. Margaret Perry gives a brief overview of the PUD Master Plan. Site is approximately 60 acres located on east side Collier Blvd approximately 3 miles north of US 41. Lands to the north and east are agricultural & vacant. Lands to the south are TIR VC - contain Country Camp and Resort, agricultural and vacant with some single family homes. Across Collier Blvd there are various PUDS: Sierra Meadows (mixed), Edison Village (Commercial), and Lely Resort. The main entrance will be at the signalized intersection of Lely Cultural Pkwy & Collier Blvd. A secondary entrance is planned but the exact location is not yet finalized. There have been minor changes to the master plan since the PUD was submitted. The first is the conservation water management area has been re-designated preservation per staff recommendations. Also. three Collier County well sites have been added per the request of the Collier County Utilities Division. A required Type A buffer to northern property line has , 16 I TIfI 7,\2004 been increased per request of the planning staff to a Type B 20 foot wide bMunth you come to the FPL easement then east of the FPL easement there will be a Type b buffer. We are in agreement with all staff stipulations and they will be included in POO documentation. Ken Pasarella delivered the Environmental Issues Overview starting with a detailed description of the site. Indicated features and boundaries of the site on the map provided (stepped away from microphone during this time.) The site is relatively flat. Vegetation includes uplands and wetlands. There are 42 acres of wetlands, disturbed cypress and disturbed pine cypress. The 951 canal lowered the wetland water elevation. These conditions lead to infestation by exotics such as Melaleuca, Brazilian Pepper and other nuisance species. 88% of the wetlands have greater than 50% of exotics. The site plan establishes one single large preserve area approximately 15.5 acres. The concept is not to fragment the preserve so it can act as a building block for adjacent projects as they come in. The New Town project may complement the preserve. The native vegetation requirement is 6.6 acres and we have 15.5 acres. This will be enhanced by the removal of exotic and nuisance vegetation and continued management. Ed Carlson: Considering this is right in the Rookery Bay Watershed, why does thc storm water management plan have all the water discharging point source into the canal and not into the preserve for more treatment? Dave Wilkensen offers a brief presentation on the surface water management system and an answer to Mr. Carlson's question. The existing site drains into two different areas. West into the 951 canal and south to preserve area also further south to a swell along Johns Road then ultimately west to the 951 canal again. The site is bisected by an FPL casement. The system was designed to mimic the existing drainage conditions as closely as possible. (Mr. Wilkensen steps away from microphone to indicate areas on map.) The system has been designed according to South Florida Watcr Management criteria - providing the watcr quality treatmcnt according to the rules. The post dcvelopment site does not discharge any more pollutants than the pre-development site. Lastly, a 100 year flood plan analysis was performed. The site does not negatively impact thc 100 year flood plan. William Hughes: Is all that parking necessary? Mr. Wilkensen: Yes Mr. Hughes: Can any of that be turf grass to recharge the aquifer: does it all have to be pavement? Mr. Wilkensen: One of the issues associated with that is that the county typically requires a stabilized sub-grade under the parking itself. There really isn't the recharge you would expect with turf grass. Mr. Hughes: Is there a difference in elevation? Mr. Wilkensen: Probably about a half of a foot. Mr. Hughes: The canal discharge being lower? Mr. Wilkensen: Actually the eastern sidc is slightly lower. 3 16\ 1. April 7, 2004 Mr. Hughes: That pipe that connects those two is kind of an equalizer? Mr. Wilkensen: It is an equalizer. Mr. Hughes: Physically what is that? Mr. Wilkensen: The structure itself is a round orifice. The water disburses through that into a pipe and then into a spreader swell to spread it out so it's not such a point source prior to discharging into the preserve. Mr. Hughes: The total discharge of .15 cubic feet per minute? Mr. Wilkensen: It's .15 cubic feet per second. Mr. Hughes: How much fluctuation is in the retention area? The rep011 indicates up to 5 ft; with storm runoff I expect a lot of variation. Mr. Wilkensen: We analyze system to see how long it takes to recover back to control elevation. We met the Water Management District's rule of 14 days. Mr. Hughes: Does the surface area change a lot in the retention pond? Mr. Wilkensen: From control to peak elevation there is not a tremendous amount of vertical difference in the lake system, maybe 2-3 feet. In the retention areas that are dry there would be a larger ares of fluctuation. Mr. Hughes: All you expect is 2-3 feet; here it is indicated 5 feet? Mr. Wilkensen: Lakes and retention areas are different. Lakes provide the majority of the water quality treatment. Mr. Hughes inquires about the effects of the rainy season on the area. Stan Chrzano\vski: The Environmental Department recently revised their literal zone standards calling for larger and flatter areas. It takes into account these larger fluctuation areas because we were finding that the literal zones couldn't take the fluctuation. Mr. Hughes asks they are using vegetation or design. Mr. Chrzanowski: Both, it's the mechanics of it. We used to have an 8: 1 or 6: 1, now they have a shelf that goes much lower so it's a little more inundated and a little less dry and the shelves arc flatter; but they have made accommodations for that. Mr. Hughes: Do we feel secure that this will work? Mr. Chrzanowski confirms that this is a better system than we had before. Mr. Hughes: The Water Department has casements for wells: where will they be located? Mr. Wilkensen steps away from the microphone to indicate the locations on the map. Mr. Sansbury asks about New Town. Bruce Anderson: That's the name of development. Mr. Sansbury asks what barrier is planned to segregate Country Camping. Margaret Perry: A Type B buffer and a wall are required. The owner of property does not prefer a wall so increased landscape buffering is going to be provided. -+ April 7, 2004 Mr. Hughes asks if the campground will still be preserva.i~lloca~j Ms. Perry: Yes _ Ed Carlson asks about the east and south boundaries. Ms. Perry: A buffer will be provided in existing vegetation however, after the removal of exotics, if there is a need for additional plantings to meet Type A requirements we will do that. Mr. Carlson: No bums or no clearing? Ms. Perry: No. Steven Lenberger enters one change to sections 6.4C: "All preserve areas shall be identified as separate tracks and be protected by a permanent conservation easement to prohibit further development." I spoke to the petitioner and they are aware of this addition. Mr. Hughes: Is this a public or private hospital? Bruce Anderson states that the hospital is privately owned. Mr. Hughes: Has the location been looked out to see if a hospital is safe in that area? Dave Wilkensen: That was considered with the state rules governing hospitals. Mr. Hughes: If anything happens are people safe in that facility? Mr. Wilkensen: Yes Mr. Carlson: This project destroys almost 70% of the wetlands. Is there any additional info on any additional mitigation that might be required for this site? Ken Pasarella: Currently we are in the district and core permitting part of the process. Through negotiations we are looking for offsite mitigation. Our proposal is to keep this in the general vicinity. It will be offsite but in the same area. No additional staff comments. Ed Carlson moves to approve. William Hughes seconds the motion. Ed Carlson would like a discussion due to the large percentage of impact on wetlands. Can put a condition that we encourage the inclusion of offsite mitigation? William Hughes: Personally, I think it's a bad location; there's a potential of trapping people out there. At the same time its their property they can do what they want to do within the rules. Ed Carlson: We would like this project to include offsite mitigation because of the large percentage of the site is wetland that is being impacted. Motion is passed unanimously 5 April 7, 2004 V. OLD BUSINESS 161 1~ VI. NEW BUSINESS A. UPDATE ON BUSINESS RECYCLING REQUIREMENTS Steven Lenberger talked to the recycling coordinator and currently there are no requirements for business recycling. They are looking at creating them soon. Alexandra Ellis asks if there is there a time frame. Mr. Lenberger: June Ms. Ellis: I would like to be apprised of the situation. Steven Lenberger: I could request that when they move forward they gIve you a presentation. B. ARTIFICAL REEF PRESENT A TION Steven Lenberger introduces Doug Suitor of the Artificial Reef Program. Doug Suitor Gives a comprehensive overview of the reef program including slides and snapshots of the web site. They have a volunteer dive team and have been building reefs since back in the 1970' s. The primary reason have been for recreational fisheries and diving sites. More recently they have focused on habitat enhancement and reef preservation. They do not have their own barge; they hire one. Materials are inspected and approved before loading and they are brought to the permitted site and they are thrown overboard. They do a variety of small and large piles of material. After a few years growth on the materials render them unrecognizable. They mark the sites with buoys; it's also a lot easier with GPS. They do not mark the sites further out for safety reasons. People are aiming at pre-designed reef modules. They are very predictable and easy to use. They are a little expensive. Some have been donated and include the remains of some deceased people. One of our operations was highlighted on the Discovery Channel's Extreme Funerals. We try to use a lot of limestone. The primary material we put out is clean concrete waste material. We work with Marco to do bridges. Last year we started working with the solid waste department. They are paying us to bring it out for them. Through the state grant program we have worked with the volunteer dive groups to do comparisons of the different types of reefs and the different fish species that are near the reefs. We are also working with other counties and the state to study the economical contribution of the reefs. 6 April 7, 2004 161 11 .. All the information is kept on the website. QUESTIONS: Thomas Sansbury: In Palm Beach County a very good staffed program and right next door in Broward Bounty they had a very good staff but they always had budgetary problems. Eventually Broward, and with Palm following behind it, the Artificial Reef Committee was established to bring in a lot of money for the program from private industry. You seem to have a very good program but there is a problem with having enough money. Could the board be approached to get the citizens involved in assisting? William Hughes: What about tippage fees to get rid of concrete? Doug Suitor: They waive that. Mr. Hughes: We have very limited space. It costs a serious amount of money to get rid of this stuff. Wouldn't it be more prudent, instead of waiving the fees, to have those materials applied directly to this project? Mr. Suitor: Yes, it would help fund the program. Mr. Hughes: We're giving away a free service Mr. Suitor: What I gathered is that a lot of the companies weren't bringing it. They were disposing of the stuff all throughout the county. Mr. Sansbury: This stuff is all over the place. Mr. Hughes: Hasn't that era changed a little now; aren't we a lot more regulated? Mr. Sansbury states that there is still a lot of it around. Stan Chrzanowski: The bui lding code has a provision that you could use inert materials as backfill and we found that a lot of people were doing that if you charged them at the landfill. Mr. Hughes: Yes, that makes sense. Mr. Suitor: states that with the landfill bringing it out we have all the reef material we can deploy. Mr. Carlson makes a motion that the county has a formal artificial reef committee and that committee should find sponsors to fund the program. Mr. Hughes seconds the motion. Erica Lynne: Will there be big signs marking the locations? 7 161 1. . April 7, 2004 Underneath the water there Mr. Sansbury states there will only be buoys with the numbers. are signs but that is quickly grown over. Motion passed unanimously 7-0. C. MATT FISHER OF EARTHMARK-OWN MITIGATION BANKS - REQUEST FOR PRESENTATION Steven Lenberger introduces Mr. Fisher to the council. Matt Fisher, Director of Marketing for EarthMark-own Mitigation Banks, requests a presentation in May for simple education in reference to what has been achieved at Big Cypress mitigation banks in the past four years. The Board agreed to listen to the presentation in May. VII. COUNCIL MEMBER COMMENTS Ms. Ellis gives Mr. Sansbury a card for his last meeting and reads a poem Mr. Sansbury: Thanks everyone. VIII. PUBLIC COMMENTS Stan Chrzanowski: In March 2001 you all looked at a project that you voted to deny. One of the reasons was that the water management district had two plans that they were looking at; since that time the project has gotten through all of their approvals. We had a meeting with the Water Management District yesterday and they said that they had two stipulations but they are interested in getting the now-way done as quickly as possible. The district- approved one specific path. The stipulations are that the now-way has to be dug exactly as the district specified and they have to have the permit from the corps before they dig. We would like to issue a permit when they come in; does anyone have a problem with that? This came before you already and I don't think it should come again; I think it's a waste of your time. Ed Carlson states that this project is getting extra scrutiny from the corps. Stan Chrzanowski: Nothing gets issued until the corps permit gets issued. Marjorie Student: We've been given notice on the county level to be careful about issuing permits until we get all final permits from the corps. It is up to this board if they feel they can assist staff at this point. If the ENVIRONMENTAL ADVISORY COUNCIL recommends denial of a petition that does not go back before the BOARD OF COUNTY COMMISSIONERS then staff would take that recommendation. It would be up to the petitioner to petition the BOARD OF COUNTY COMMISSIONERS again. 8 161 1.. April 7, 2004 .... Stan Chrzanowski asks Ms. Student if staff can take ENVIRONMENTAL ADVISORY COUNCIL recommendations and deny an excavation permit on something that meets the land development code. Marjorie Student will be happy to come back another time with a full answer to that after further investigation. Barbara Burgesen: On an SDP or a commercial excavation permit that staff is going to be issuing; staff is the final decision maker because those are all administrative and don't have to go before the Board of County Commissioners. However in administrative decisions when staff has the final say and we bring it to the Environmental Advisory Council we take very strongly your position and recommendations in our final decisions. In the past the Environmental Advisory Council's recommendations have been stipulated in our final decisions. Marjorie Student: I have had occasion to look over the powers of the Environmental Advisory Council. The Environmental Advisory Council is an advisory body and staff takes the council's recommendations into account for the stipulations of the permit and the issuance of the permit. IX. ADJOURNMENT ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:05 am. ENVIRONMENTAL ADVISORY COUNCIL Chairman Thomas Sansbury 9 .. \/ Fiala ~ Halas - Henning V , COLLIER ~Y ~MISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 6, 2004, IN THE BOARD ~O~@"N-- ---ONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 330] TAMIAMI TRAIL EAST, NAPLES, FLORIDA: 16' 141 I AGENDA NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF ] 0 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE '0:,.""., "'''(J. l\Jlrcs: 2. ROLL CALL BY CLERK Data: ~ It;, H1H IlDCl?) 62- 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - APRIL 1, 2004 To: 6. BCC REPORT- RECAPS -MARCH 23, 2004 REGULAR MEETING; APRIL 5,2004, WORKSHOP; APRIL '13, 2004, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS A. Petition: CU-2003-AR-4249, Mr. Mark Perry, of Kenmark Construction, Inc., requesting a Conditional Use per LDC Section 2.2.3.3.9 to allow for a model sales center in the "E" Estates zoning district. Property is located at 1010 39th Street Southwest, further described as the north 180 feet of Tract 153, Golden Gate Estates Unit 27, near the southeast corner of Pine Ridge Road and Collier Bou]evard, in Section 14, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2.7:t acres. (Coordinator: Michael J. DeRuntz) 1 B. Peli,ioo PUDZ- 2003-AR-4390, Immokalee Seoior HOD,mg, Lld., repre"nled !R2 J~ ODd...'1r, .E., ~f David,on Engineering, Inc., requesting: 1) Rezoning from the Residential Multi-family 6 zoning JI~ict (RMF-6) to Residential Planned Unit Development (RPUD) to allow development' of a maximum of 119 multi-family dwelling units, limited to rental units within a "independent living residence facility" for the elderly for a project to be known as the Immokalee Senior Housing PUD; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 59.52 units at 8 bonus density units per acre) in the development of the project. Property is located on the east side of 11th Street North just south of Lake Trafford Road and Highland Elementary School in Section 33, Township 46 South, Range 29 East, Collier County, Florida, consisting of 7.44:t acres. (Coordinator: Kay Deselem) C. Petition: RZ-2003-AR-4937, Community School of Naples, Inc., represented by Terry Kepple, Kepple Engineering, Inc., requesting a rezone from "A" Rural Agricultural to "CF" Community Facility for the expansion of the school. The property under consideration is contemplated as being used for athletic fields, although the proposed zoning would allow for future school expansion. The property is located on the west side of Livingston Road, approximately 1/2 mile north of Pine Ridge Road., in Section 12, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Robin Meyer) D. LDC Amendments, 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 CoIl ier 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 Well field 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, Se.c.~ 5.o6,.(jQSigns; Chapter 6 - Infrastructure Improvements And Adequate Public Facilities Requirements, IncludiHg'S'ec.'6.0l.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 \\V1tter M'a~~gement 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 Amendments To The Official Zoning Map, The UDC, 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 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, Inclusion In The Collier County Land Development Code; And Section Seven, Effective Date. (Coordinator: Russell Webb) 2 9. OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 16j 12. DISCUSSION OF ADDENDA .- ~ 13. ADJOURN GI Admin! AgendaIRB/sp 3 1! .~ Fiala Halas Henning Coyle . / Coletta =.(/ 16\ ~ April 1, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, Aprill, 2004 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Lindy Adelstein Paul Midney Dwight Richardson Kenneth Abernathy Brad Schiffer Robert Murray George Evans (Absent) ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Dept. Marjorie Student, Assistant County Attorney Patrick White, Assistant County ~np~y'}s: Joyce Ernest, Dept. of Zoning & :d~ ,,,..........,,....... \tem# t ls>lt:) \ ~ Cop:cs 10: ",,,...-,.''''.' .....:c., ~~_.,..~.. 1 J ,l6/ J i~~ ..~ .... April 1, 2004 1. Chairman Russell Budd called the meeting to order at 8:30 AM and Pledge of Allegiance was recited. 2. Roll Call - A quorum was established with Mr. Evans absent. 3. Addenda to the Agenda - Mr. Abernathy requested discussion under Item 9 concerning the recent workshop concerning Boathouses. Mr. Adelstein moved to approve the Agenda as amended. Second by Mr. Abernathy. Carried unanimously 8-0. 4. Absences - Mr. Budd may be absent on May 6th. 5. Approval of Minutes - February 19, 2004-regular meeting and February 19, 2004 special meeting. . Pages 10 - In discussing flowway - add South Florida Water Management District. . Page 12 - change quality to qualify. Mr. Strain moved to approve the February 19,2004 minutes as amended. Second by Mr. Adelstein. Carried unanimously 8-0. February 19th special workshop: . Page 3 - add the word "one" - heard one time by this board. . Mr. Adelstein's name was misspelled- "Lindy". Mr. Strain moved to approve the February 19th, 2004 special meeting minutes as amended. Second by Mr. Adelstein. Carried unanimously 8-0. 6. BCC Report - Recaps - February 17,2004, Joint Workshop; February 24, 2004, Regular Meeting; February 25, 2004, Joint Workshop; March 9-10, 2004, Regular Meeting. . Board approved the sign variance for the Chamber of Commerce - 5-0. . Approved PUD Amendment for Calusa Island Village 5-0. . SRA for Ave Maria University was approved. 7. Advertised Public Hearings: A. Petition BD-2004-AR-5239, Andrew Jaffe, represented by Michael D. Hawkins, of Turrell & Associates, Inc. is requesting a 57 foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways gI1eai~f tll'a11100 feet in width, which would allow construction of a boat docking facility accommodating 2 vessels protruding a total of 77 feet into a ,'?'~te~)V.aY. which is about 705 feet wide. Property is located at 204 San Mateo 'Drive,.IJ%l4ly known as Southport on the Bay Unit 1, Lot 29, in Section 6, and Collier County, Florida. . 1 ... 2 l,ll i 1 ~. rl..J.-...~ .';i.'> ^ April 1, 2004 All those testifying were sworn in by Mr. Budd. Disclosures - none. PETITIONER Michael Hawkins, Turrell & Assoc. Representing Andrew Jaffe - requesting a 57 foot extension from the allowed 20. Will accommodate 2 vessels, one 30 & one 40 feet in length. Dock is approx. 877 square feet of over water structure and accommodates two boat lifts. Additional protrusion is required to protect the existing oyster bed and provide adequate water depths for the vessels. The dock will not impede navigation. The waterway is wide. Has met with the Association, and no concerns or objections. - Are allowed to impact only the mangroves that will be trimmed for the access walkway. Need a State permit. - Location of the lift for the boat on the lower dock - Mr. Schiffer asked if it is centered in the area or more towards the waterway in which the boat would stick out past the edge of the dock. Response from Mr. Hawkins is they just position it on the drawings to make it realistic on where the lift will sit - most of the time they are put towards the rear of the boat. - Mr. Adelstein asked about the width of the dock. It is 41 feet, the owner requested straight in boring, as he doesn't know what the adjacent owner may do in the future. Mr. Adelstein stated it is much further out than any of the other docks. If they were to rotate it according to Mr. Hawkins, there are shallow water depths close, and they need 4 Y2 feet for the smaller vessel. STAFF Joyce Ernest - Department of Zoning and Land Development Review - had not received any objections. Similar boat dock extensions have been granted in Southport for other dock facilities. The project complies with 5 of 5 of the primary criteria and 5 of the secondary criteria. Staff recommends approval. Hearing is closed for motion and discussion. Mr. Abernathy moved to approve Petition BD-2004-AR-5239. Second by Mr. Strain. It was amended to state with the staff's stipulations in their report. Mr. Strain agreed. Carried unanimously 8-0. 3 16/ ~ 1 April I, 2004 .. B. CU-2003-AR-3914 - Ann Phillips Pre-School, represented by Terrance L. Kepple, of Kepple Engineering, In., requests Conditional Use #3 of the RMF- 6 district for Child Care Facility. The property to be considered for the Conditional Use is located at 860 102nd A venue North, in the Naples Park Subdivision, Collier County, Florida. Those testifying were sworn in by Mr. Budd. Disclosures - Mr. Abernathy had a phone call asking him to take a look at the area. PETITIONER Terrance Kepple representing the petitioner - conditional use to allow expansion of the existing Day Care located at 860 I 02nd Ave. in Naples Park. Requesting expansion of approx. 1,000 square foot building addition and additional parking on the eastern side of the project. Will allow approx. 25 additional students attend the facility and required teachers. They will also construct a sidewalk along the frontage 102nd Ave. North and provide Water Management on site for the improvements. During Neighborhood Information meeting, the neighbor west of the project had concerns with the children throwing pine cones or basketballs in his yard. The neighbor requested, and they agreed they would place an 8 foot high wood fence along the western property line and connect it to the building. One additional tree will be placed in the area to prevent objects going over the 8 foot fence. His comment on the staff's stipulations is that they are to add an 8 foot fence along the western most south property line. No objection, but the remainder is fenced with a 6 foot fence and would be out of character with the 8 foot. Mr. Murray asked about the clarification of a wall or fence. Response was the neighbor requested a wood fence. It can be either. Mr. Adelstein asked if it could be a wall as to the noise barrier. He felt a wall would be better for abating noise. Discussion followed on the wall versus a fence with protection against noise and objects being thrown into the neighbor's area. Mr. Abernathy asked about the sidewalk - when he looked at the area, seemed there was a paved drop off area. He didn't know what a sidewalk would add to the area. 4 16\ -I -rl.- ... April 1, 2004 Mr. Kepple showed the Site Plan - County has asked for a sidewalk along frontage, and then connected to the building - 102nd to the door of the building, through the landscaping. Would be 5 foot wide. They have no objection to it. Mr. Strain asked where the sidewalk would go. They are requiring them to waste money, time and costs to run a sidewalk to nowhere dead ending in the dirt. He didn't think it made any sense. Mr. Kepple stated it is through the SDP process and the Code requires it everywhere except for single family homes. Mr. Abernathy stated anyone coming to the place will come from the east or west and walk across a paved 15 foot driveway in order to get to the little 5 foot sidewalk. Many of the Commissioners expressed - they do not have to agree with it. Mr. Schiffer asked about how many students are licensed to be there now - answer was 75. Mr. Strain asked Mr. Kepple if they were to make a motion to include waiving the requirement of a sidewalk in front of the property, would he have any objection. He answered he would not, but the Transportation Department isn't going to like it. Mr. Strain stated the Transportation Dept. isn't always correct in all cases. Mr. Schmitt reminded the Commissioners in the LDC Amendments were debated, went to the BCC, debated again, and now they are living with the change. He has directed his staff with some submitting payment in lieu of; because there are places that it doesn't make sense. This is one where the LDC requires it. STAFF Fred Reischl - Department of Zoning and Land Development Review - concerning the sidewalk - the property to the east is zoned C-3 (Commercial). When it is developed, it will have to have a sidewalk and will connect to the eastern side. Mr. Abernathy stated they are arguing the north/south one and Mr. Richardson said he is arguing both. Mr. Reischl then answered it is not a stipulation put in conditional uses, transportation department put it in and he included it - it is an SDP requirement. Staff did not have an objection on a 6 foot wall. Staff is recommending either one; fence or wall. Sound is not an issue. 5 16/ A~I I, 2004 J Discussion again followed on being a wall or fence. Mr. Midney had a question on changing the character of the neighborhood on the 6 or 8 foot wall. Mr. Reischl stated 6 feet is the maximum height in RMF-6. It will be between the two houses and visible from the front curving around and connect to the new addition on the building. Mr. Schiffer wondered if they set a limit to how many students there can be. Mr. Reischl stated it is a State requirement. Mr. Schiffer responded on whatever can be packed in, staff is happy? Mr. Reischl didn't feel it was packed in. This is zoned RMF-6, with commercial sidewalk and not commercial zoning so do not have to meet Division 2.8 for architectural standards. This will also improve parking in the neighborhood. Mr. Richardson stated this is a facility that provides a service to the community and providing a day care in Naples Park is critical. He applauds their willingness to expand the facility and supports it. Hearing is closed for motion and discussion. Mr. Budd agreed with Mr. Richardson and anytime they can encourage and make feasible child care facilities in Collier County, it is something greatly needed. If the neighbors are interested in an 8 foot fence, give them what they want. Mr. Abernathy moved to forward Petition CU-2003-AR-3914 with a recommendation of approval including a fence or wall. (The owner can have his choice.) This is per staff's recommendation of an 8 foot high fence and recommends to the BCC they waive their requirement of the 5 foot sidewalk connecting the easUwest sidewalk to the front door. Marjorie Student asked if planting some vegetation is part of the stipulation. Mr. Strain clarified the following: . The applicant has volunteered additional landscaping and the landscaping is included as a stipulation. . Under Condition 1 of the staff's conditions, says: where along the western most 10 feet of the south side of the playground (referencing another 8 foot section of wall) he thought they agreed it could be 6 or 8 feet to keep in alignment with the esthetics of the neighborhoods. . Condition #2 - instead of approving it with that condition on it, why don't they approve it with the stipulation of the landscaping. Condition #1 is they 6 161 1. April I, 2004 recommend the amendment, and not approve with Condition 2. Leave Condition 2 off the approval. (The north/south sidewalk link) Motion and Second are in agreement to amend the motion as stated above. Mr. Schiffer had a concern it may be the requirement of the ADA. He would like to see the ADA require it and could be determined during building permit. Nothing they can do to overrule it. After much discussion Ray Bellows stated they do not have to list a stipulation that is required by ADA. Will be discussed in the SDP process. Motion carried unanimously 8-0. 8. Old Business: . Joint meeting is scheduled for April 20th (EAR) Evaluation Appraisal Report - GMP Amendment dates will be given at a later date. . April 15th meeting - GMP delayed. 9. New Business: . Mr. Abernathy was disappointed with Mr. Gochenaur's presentation. · Made statements that boathouses are used solely for protecting boats. They know they hold parties as well. · Many times referred to boathouses as boat covers - which are misleading. · Showed cigar boats and lifts for someone's viewing, and noting to do with boathouses. · Whole thing was slanted for not doing anything about boathouses. · Two Coastal Commissioners agreed to an overlay for Commissioner Halas' District. Mr. Richardson mentioned it was left to the County Manager on how the community was going to be surveyed for those on the Coastal area. Mr. Schmitt stated Commissioners Fiala and Coletta made it clear to staff that they do not support any proposal. They will have a questionnaire sent out in the water bills. It will give them an idea if there is support for some type of overlay in the Vanderbilt area. Question on abandoning boathouses, and if so, do they concur with the existing boathouses remaining. It is an emotional issue. Was not an attempt to sway the board one way or another but to point out what the issues and concerns are. The current issue is to grandfather the ones that were there. 7 161 1., - April 1, 20<ft .~ Would have to establish an amortization period and hard to take it away or get rid of them. Mr. Schiffer stated it is a neighborhood or waterway or canal issue. It showed a lot of structural problems and someone should be checking with whatever is existing. Joe Schmitt said they discussed boat covers. Followed up on Little Hickory Shores in which they found 47 violations and let the Board know the property owners that have the vinyl covers. Wanted the Board to understand and staff followed their direction in doing what was needed. Mr. Strain stated it sounded like it came out the way it should have. Commissioner Fiala and Coletta have not heard about any complaints in their districts about boathouses. The only complaints heard was from Vanderbilt Beach and tried to recommend the issue be included in the Vanderbilt Beach Overlay but too late to get it in. Mr. Shiffer asked if the results are made public in which Mr. Schmitt responded they will report back to the Planning Commission and the Board of County Commissioners so they are all aware of where staff is. 11. Public Comment Item - None 12. Discussion of Addenda - Mr. Richardson asked about topics for a workshop that the CCPC would like to hear. Mr. Schmitt mentioned they will try to get a workshop on the Impact Analysis Model for possibly this fall. The DRI may not be in for Ave Maria until this fall or next year. Discussion followed on: . A workshop in June/July. . Land Use Petitions . Ave Maria showing Fiscal Neutrality and other developments has not. . Dr. Fishkind hired by DCA & Collier Enterprises - worked and developed the model for Collier County. Model is also being applied and implemented for other counties. . Model will show Revenues collected - project being economic burden or not on the County. . A ve Maria Project & Budget . Special District was created and requirement of a fiscal component analysis - creating the Special District is beyond the scope of the CCPe. 8 161 ~I ~~ - April I, 2004 . E-mail information for FA Model . Hiring a Fiscal Impact Analysis Technician . LDC - Staff analyze Model . Vanderbilt Beach Overlay - model was used · Fishkind Representative was in attendance at meeting and stated none of it would be in the Financial Model. Mr. Schmitt stated there may have been a misunderstanding - the entire area is in the model, only the taxes can be assessed. Mr. Budd question whether they are discussing a specific petition that was not announced and the merits of the petition. Mr. White responded to the extent they will have a DRI to look at, potentially yes, but are discussing it theoretically rather than a practical discussion about a quasi judicial matter. It is part of the SRA and SSA discussion that the Board had. Mr. Budd decided not to go any further. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:27 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Mr. Russell Budd 9 161 Fiala Halas Henmng Coyle Coletta MEMORANDUM TO: Kathleen Martinson, Administrative . e to BCC FROM: Sam Tucker, Executive Aide to BCC " V DATE: April 29,2004 RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes I am submitting the following Agenda and Minutes of the Community Character/Smart Growth Advisory Committee to be filed by your office. 1. Agenda and Minutes of January 14, 2004. 2. Agenda and Minutes of February 25, 2004. 3. Agenda and Minutes of March 10,2004. 4. Agenda and Minutes of March 26, 2004. '-"'~''''YI,,,,",... 5. Agenda and Minutes of April 7, 2004. !;(\sc. Cones: Thank You, oate:~ Item# ~ t ~ t..l:'\ \ ~ ~ Sam Tucker Executive Aide to BCC Clf,.JiC5 To: ,~"!t, f 'A ,.~"r;".' " .' J.61 J... COMMUNITY CHARACTER/SMART dROWTH- ADVISORY COMMITTEE AGENDA MEETING DATE: January 14, 2004 MEETING TIME: 2:00 pm LOCATION: Collier County Government Complex BCC Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. October 22, 2003 CORRECTED b. November 14, 2003 CORRECTED c. November 25, 2003 d. December 12, 2003 III. GMP and LDC upcoming cycles a. 2004 schedule of respective cycles b. Integrating our topics into 2004 cycle schedules c. Future strategy plan for committee IV. Other Business a. February 4th Meeting Reminder V. Meeting Adjourned 161 1 Community Character/Smart Growth Advisory Committee Minutes of January 14, 2004 I. Meeting called to order at 2: 10 pm by Chairman, Mark Morton. Members present: Jim Lucas, Mark Morton, Bob Murray, Dwight Richardson, Dwight Oakley, Russ Weyer, Brad Cornell, Bruce Anderson. Members absent: Gavin Jones, Pat Pochopin, Susan McCampbell, Gary Davis. Staff: John-David Moss, Sam Tucker, Jay Sweat. II. Approval of Minutes: a. October 22, 2003 CORRECTED: motion by Jim Lucas, seconded by Bob Murray, approved unanimously. b. November 14,2003 CORRECTED: motion by Dwight Richardson, seconded by Bob Murray, approved unanimously. c. November 25,2003: motion by Dwight Richardson, seconded by Russ Weyer, approved unanimously. d. December 12, 2003: motion by Russ Weyer, seconded by Dwight Oakley, approved unanimously. III. Handout: LDC Amendment Cycle - 2nd Cycle 2004 IV. Member homework: review top 5 (+ 1) [tie for 5th place] Course of Action Priorities. 1. Designing Great Streets 2. Natural Lands 3. Connecting Neighborhoods 4. Community Parks 5. a. Neighborhood Parks b. Commercial Architectural Standards Priority Matrix: Collier County Community Character Plan Implementation will be distributed at next meeting. V. Next meeting February 4,2004; 2:00 pm in the County Manager's Conference Room. VI. Meeting adjourned, 3:30 pm. 161 Ij COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: February 25, 2004 MEETING TIME: 2:00 pm LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. January 14, 2004. III. Discuss "To Do List", Items 1-6, for BCC and (possible) consultant review IV. Revisit Priority Matrix: Collier County Community Character Plan Implementation V. Handout: LDC Cross-Sections with Community Character Plan, John-David Moss VI. Other Business a. Meeting Schedule VII. Adjournment Community Character/Smart Growth Advisory Committee Minutes of February 25, 2004 I. Meeting called to order at 2:05 pm by Chairman, Mark Morton. Members present: Mark Morton, Russ Weyer, Pat Pochopin, Bob Murray, Bruce Anderson, Dwight Richardson, Gary Davis, Brad Cornell. Members absent: Dwight Oakley, Gavin Jones, Jim Lucas, Susan McCampbell. Staff: John-David Moss, Jay Sweat. II. Approval of Minutes: a. January 14,2004; motion by Russ Weyer, seconded by Pat Pochopin. Approved unanimously. III. Summarization by Mark Morton of "TO DO" list from last meeting: a. Road cross-sections in LDC in sync with Community Character cross-section. i. John-David provided committee with LDC road cross-sections. Discussion regarding disconnect between the Community Character Plan and LDC. Suggestion to adopt Community Character cross-sections as an option. 11. Recommendation that County Staff explore in detail the possibility of getting section 3.23 through 3.30 road cross-sections of the Community Character Plan into the Land Development Code. Motion by Bob Murray, seconded by Dwight Richardson, approved unanimously. b. Build-to lines and set backs; from right of way vs. edge of pavement. i. John-David provided information from Sarasota, the Heart of Naples Plan and Collier County. John-David will expand Collier County spreadsheet to include these two plans. John-David will follow up with Dwight Oakley on build-to lines and 1:3. c. 1:3, density and height. IV. 161 1 Priority Matrix: "Natural Lands", "Community Parks", and "Neighborh~d Parks": committee concurred these priorities complete. Next meeting discussion "Connecting Neighborhoods". ,J I V. Other business: a. Next meeting scheduled for Wed., March 10th at 2:00 pm in the County Manager's Conference Room. b. Future presentations: i. Ave Maria UniversitylTown Criteria ii. Pedestrian driven road corridor design by Rick Hall. iii. Flow ways by Gary Davis. iv. Golden Gate by John-David Moss. c. Russ Weyer to provide input on "Commercial Architectural Standards" as applied to mixed-use and other Community Character Concepts. d. Gary Davis to review "Future of the Future Land Use Map" to determine if action should be taken by committee. VI. Meeting adjourned. 16J 1. ... COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: March 10, 2004 MEETING TIME: 2:00 pm LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. February 25, 2004. III. "Connecting Neighborhoods" discussion IV. Smart Scorecard for Development Projects, Jay Sweat V. Other Business: a. Meeting Schedule b. Presenters VI. Adjournment 16 ~ 1 ... Community Character/Smart Growth Advisory Committee Minutes of March 10, 2004 I. Meeting called to order at 2: 17 pm by Chairman, Mark Morton. Members present: Bob Murray, Jim Lucas, Bruce Anderson, Mark Morton, Brad Cornell, Dwight Oakley, Russ Weyer, Dwight Richardson. Members absent: Susan McCampbell, Gary Davis, Pat Pochopin. Staff: Sam Tucker, John-David Moss, Jay Sweat. II. Approval of Minutes: a. February 25,2004: motion to approve by Bob Murray, seconded by Bruce Anderson, approved unanimously. III. Connecting Neighborhoods discussion: many County streets have been blocked from through traffic, or public traffic all together, for the sake and at the request of residential communities. Examples: 10Sth Avenue N., Palm Drive (from County Complex traffic), F oxfire. Motion by Brad Cornell: work on interconnectivity, one section of the County at a time, for possible implementation. Blueprint through project with interconnect ideas to improve traffic flows. Seconded by Dwight Richardson, approved unanimously. Project to begin with the Pine Ridge Road/Airport-Pulling Road intersection; aka; the "core of the village". Aerial view maps will be provided by Jay Sweat (CDES Graphics Department), which will be sent to members via mail. Please work on this as homework for the next meeting. It was mentioned that once the committee has collected and agreed upon the interconnectivity, that a PowerPoint should be put together for presentation to the Transportation Department for implementation at their discretion. IV. Information for discussion: a. Handout from Jay Sweat: Smart Scorecardfor Development Projects, please read-ahead for future discussion. 161 1. b. Jay also mentioned that the FL House and Senate are currently reviewing a bill that will form a Smart Growth Study Commission under the Department of Community Affairs. The committee is slated to be formed in 2005 and $300,000.00 has been earmarked for this project. V. Other Business: a. Meeting schedule: i. Friday, March 26th, 2004 at 9:00 a.m. in the County Manager's Conference Room 11. Wednesday, April 7th, 2004 at 3:00 p.m. in the County Manager's Conference Room, someone from Transportation will be invited to present to the group. lll. Gavin Jones submitted his resignation. IV. The Community Character/Smart Growth Advisory Committee is slated to sunset in June, 2004; motion by Bob Murray, seconded by Brad Cornell to repeal the ordinance ending the committee. Motion passed 6-1 vote. VI. Meeting adjourned at 4:00 p.m. COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE 161 '1 . AGENDA A MEETING DATE: March 26th, 2004 MEETING TIME: 9:00 a.m. LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. March 10, 2004. III. Interconnectivity, ''the core of the village", aka the intersection of Airport-Pulling Road and Rine Ridge Road IV. Reminder: next meeting is Wednesday, April 7, 2004 at 3:00 p.m. in the County Manager's Conference Room, presentation by Transportation Department V. Other Business: a. Request for Resolution to extend committee has been submitted to the County Attorney's office for action by Sam b. Commitment from committee members to renew membership needed; currently one vacancy which will be advertised beginning April 3rd; current terms will expire in June without member commitment VI. Adjournment Community Character/Smart Growth Advisory J~'tteJ. "" Minutes of March 26, 2004 I. Meeting called to order at 9: 16 a.m. by Chairman, Mark Morton. Members present: Bob Murray, Jim Lucas, Dwight Richardson, Bruce Anderson, Mark Morton, Gary Davis, Russ Weyer, Dwight Oakley, Brad Cornell. Members absent: Susan McCampbell, Pat Pochopin. Staff: Sam Tucker, Jay Sweat. II. Approval of Minutes: a. March 10,2004: motion by Bob Murray, seconded by Jim Lucas, approved unanimously. III. Interconnectivity at "the core of the village" intersection of Pine Ridge Road and Airport Road - thanks to Jason for supplying the great maps. Discussion: main objectives: a. People to work b. People to services c. People to schools -Top half of intersection easier to work with, many more possibilities due to the commercial density. -Objective is to route traffic around congested intersections. -Better signage needed. -Traffic mitigation. -Must consider the surrounding properties when looking at possible interconnectivity; remember, for every action there is a reaction (whether positive or negative). -Dwight Richardson mentioned that the money used to improve intersections could be used to improve other roads in the immediate area, which would provide the same relief (intersection improvements are not always the perfect answer). -Committee needs to provide Transportation with a "pecking list" of possible improvements based on: the difficulty, the cost, and signage. -Committee needs to summarize Transportation planning/organizing principals that should be considered for future planning and PUD approvals. - Dwight Richardson to take maps home and draft a summary to present to Transportation, on behalf of the committee. IV. Meeting adjourned at 10:52 a.m. 16J 1 ,~ ;1 ... COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: April 7, 2004 MEETING TIME: 3:00 p.m. LOCATION: Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. Approval of Minutes: a. March 26, 2004. III. Presentation by Transportation Department Don Scott, Planning Director IV. Other Business V. Adjournment 161 Community Character/Smart Growth Advisory Committee Minutes of April 7, 2004 I. Meeting became official at approximately 3 :27 pm when quorum was met. Members present: Bob Murray, Jim Lucas, Mark Morton, Dwight Richardson, Brad Cornell, Russ Weyer, Bruce Anderson. Members absent: Dwight Oakley, Gary Davis, Susan McCampbell, Pat Pochopin. Staff: Sam Tucker, John-David Moss, Norman Feder (Transportation Administrator), Don Scott (Director, Transportation Planning). II. Presentation and discussion of Draft (by Dwight Richardson) of committee's interconnectivity suggestions at the Airport-Pulling/Pine Ridge Road intersection. 1. Norm was appreciative of the committee's work and ideas regarding interconnecti vi ty. 11. Several of the ideas the committee came up with were familiar to Don Scott and Norman; Don had a map, which currently showed several same ideas. 111. Impact fees cannot be used on these types of Transportation projects. IV. Committee requests the simple fix of signs at both ends of Naples Blvd. labeling it as an alternate route (around the AP-PR intersection). v. Suggestions were made to meet with businesses and neighborhoods individually pitching the interconnectivity ideas before going forward with project implementation. III. Next two meetings are scheduled for: Wednesday, April 28th at 2:00 pm and Wednesday, May 12th at 2:00 pm. Both meetings will be in the County Manager's Conference Room. IV. Meeting adjourned. I / \-"laia ~'-"-- Hala~. .~~~~..." " " . -.,......,-- He\iIiH1Q_.- ~ G9yhil---~V~.>'--. ,....."~...,_"----""~...............,,..=....r;.... { 16J 1J IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE A2enda Mav 19. 2004 I. CALL MEETING TO ORDER ll. ATTENDANCE: ill. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: April 21, 2004 V. TRANSPORTA TION SERVICES REPORT: A. Budget VI. TRANSPORTA TION MAINTENANCE REPORT: eLM vn. LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Report on Phase lIB & ill vm. OLD BUSINESS: A. Update on Extending MSTU Boundary - Bob Petersen B. Code Enforcement Issues - Rick Torres C. Reimbursement of Banners to CLM (Chamber) - Cherryl IX. NEW BUSINESS X. PUBLIC COMMENT XL ADJOURNMENT The next meeting is scheduled for Wednesday, June 16th, 2004 4:00 PM, ,'~-^ Corn;;;'. \\\,.:)t.J. At the Immokalee Community Park _ ,_c:...\t-.a. \, 321 First Street South, \)~\te', ~ Immokalee, FL W;f\',;f , U~ \.. ~L\' 1 .' . , 10', 1J IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE 16J Summary of Minutes & Motions April 21. 2004 m. Approval of Agenda: It was moved & seconded to approve the Agenda a presented. IV. ApprcMll of Minutes: February 18. 2004 Minutes were approved and seconded for the February 18th meeting. There was no meeting in March. V. Transportation Services Report A. Budget and Proposed Budget Budget was handed out with various line items explained. The Proposed Budget for the Fiscal Yeor was handed out and explained. Dorcas moved to approve the Proposed Budget and keep the millage rate at 1 mil. Second by Bernardo Barnhart. Carried unanimously 3-0. VIII. Old Business B. Code enforcement Issues - Rick Torres Rick gets many complaints concerning the large heavy commercial vehicles. They have Ordinance that cover them, but find it very difficult to enforce the Ordinance when lmmokalee is a farming community and the trucks are part of their livelihood. He encouraged the members and community to attend the meetings on the Master Plan to discuss the issues for their community for zoning and ordinances concerning the different issues. 1 161 1~ ~~fj,. ,t IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Minutes Aori121. 2004 I. Meeting was called to order by Chairman Sharon Tims at 4: 17 PM. II. ATTENDANCE: Members: Sharon Tims, Dorcas Howard, Bernardo Barnhart, Cherryle Thomas (Absent), Rita Avalos (Excused) County: Bob Petersen-Landscape Operations, Rick Torres-Code Enforcement Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue Chapin-Manpower Services ID. APPROVAL OF AGENDA - Dorcas Howard moved to approve the Agenda as presented. Second by Sharon Tims. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: February 18, 2004 The March meeting had been canceled. Dorcas moved to approve the minutes of February 18, 2004. Second by Sharon Tims. Carried unanimously 3-0. V. TRANSPORTA TION SERVICES REPORT: A. Budget - Bob handed out the Budget Report (Attached) He covered the Revenues and current operating Expenses. . Different line items were explained. . The lighting expense is for the light poles . Improvements General - Capital Projects . Lighting Maintenance is for blue lights and electrical Proposed Budget - Breakdown of Expenses for the remainder of this fiscal year and proposed for FY' Off' Of . Individual line items were explained . Will keep the lighting maintenance as they will be purchasing several poles . Many expenses are the same as this year's budget. . Improvements General - Projects . Grant for Sidewalk . $499,000 coming in for the next 2 years in Grant Funds . Maintenance Expenses are paid for by the County - plant material etc. . Each pole cost approx. $2-3,000. 1 161 l~ Dorcas moved to approve the Proposed Budget andkeep the millage rate at 1 Mil. Second by Bernardo Barnhart. Carried unanimously 3-0. B. Reimbursement of Banners to CLM (Chamber) - Cherryl Cherryl was not in attendance to give report. VI. TRANSPORTA TION MAINTENANCE REPORT: CLM . Normal Maintenance done . Few plant refurbishments with Crown of Thoms at sign at the Triangle and in planters. . Installed brick gates on the Foxtail Palms on State Rd 29 (7) . Pressure cleaning drains on S1. Rd 29 in next 2 weeks. . Benches and drains are cleaned 6 times a year. . Replacing broken banner arms. VII. LANDSCAPE ARCHITECTS REPORT: Mike McGee A. Report on Phase lIB & ill . No major items . Phase lIB - Sidewalk project survey information is back and will incorporate into plans as soon as possible. Will submit to the County so it can be started. . Phase III - changed over to the Northern section - waiting for PO clearance. Has received set of median modifications and is at Transportation. Will bring a set as soon as they get them. Will be gaining some Landscaping area. Sharon asked about the blue poles - Bob explained Phase III is the street lights going to the Triangle with some side street tree plantings. Discussion followed on the Suicide lane and what DOT's position was on the Caution Light. Transportation Traffic Operations Manager asked the State to look at it again. Bob will find out what the results are and what they have decided to do. Vill. OLD BUSINESS: A. Update on Extending MSTU Boundary - Bob Petersen Bob reported they are waiting for an answer on whether they need 50% + 1 to vote for it or if they can just be incorporated into the MSTU. The part they are discussing is the Lake Trafford area. They would all benefit from the beautification and would have the opportunity to join the meetings and be part of the decision making. B. Code Enforcement Issues - Rick Torres Rick reported they can now issue citations. He gets many complaints concerning the large heavy commercial vehicles. They have Ordinances that cover them, but find it very difficult to enforce the Ordinance when lmmokalee is a farming community and the trucks are part of their livelihood. 2 He stated the Committee members and others from the Com~~' Ian gerl, .:, involved in the meetings that are being held on the Immokalee Master Plan2' 4 the different Ordinances etc. in their community. Rick is stuck in the middle of the situation and feels they need to address this with the Master Plan. The trucks are not allowed. Need to look at rezoning and talk with their Commissioner. The Community has to look at what they want for the future of their city. The businesses can become involved also - there is a sign Ordinance that will need to be in compliance. C. Trash Cans for Habitat for Humanity - Bob Petersen This has been addressed with no complaints. IX. NEW BUSINESS - none x. PUBLIC COMMENT - none XI. Being no further business to come before the committee the meeting was adjourned at 4:55 PM. 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J 'I~ ~ ~ ~& !!: 10'1 0 (J) C1I 0 100 0 8 0 800 8 0 0 0 0 8 0 ... 01> i~ o[ .... ~ J .",.is i ~I ! 0 0 ~ 0 ~ 0 0 800 008: w l;li~ ~::I~ ~~- I _N C mi I\,) i o jio ~ 0 000 0 0 0 0 q l,lEi I P!!- ~~ i~~ ~ 10; I ;; ()l~O'J ~f0 ~ I ..'_.~.~_,_.....~_~.-..............~."--_"",.."'~_.'_,,___;____..~.~_~,..."._~__,..__,_._.__,_~_~__~_~~i..........;..._u'-.__._.~,._.__.______~ ~ ~ .. ~o ~ 00088 ~ .. ;., !lo ., '" '- p1 00088 .. '" ...... Uti--J ....... !!3'" I-.:; ~ " T ~ 'I . Fiala Halas Henning Coyle ,j Coletta - Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 161 1.. SUMMARY OF MINUTES & MOTIONS April 20. 2004 m. Approval of Minutes: Minutes for March 16th were approved by Bill Jaeger and seconded by Dale Lewis. Carried unanimously 5-{). IV. Approval of Agenda: Agenda was approved as presented. After discussing the monthly and proposed budget report, the Committee viewed Radio Road and Devonshire. They will decide on their proposed. budget at their next meeting. They reviewed the landscaping medians and discussed having Commercial Land Maintenance obtain estimates for extending the beds and more trees in certain areas. ,. ..~..,.....-...' ---~'...~,,-'. ......,~"'" -;; L" 'C~, Cotres~ n .,b. e::....' -t:" / r... l 1 V't..I;.1._I."~~ \~l~'\~~ To: " ",., Radio Road Beautification M.s.T.u.161 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 lJ May 18, 2004 AGENDA I. CALL MEETING TO ORDER: n. ATIENDANCE: ID. APPROVAL OF MINUTES: April 20, 2004 IV. APPROVAL OF AGENDA: V. TRANSPORTA TION SERVICES REPORT: A. Budget Report - Bob Petersen B. Millage Rate VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Robert Kindelan/CLM vn. OLD BUSINESS: A. Results of drive-through for trees & plantings on Radio Road and Devonshire. VID. NEW BUSINESS: IX. COMMITIEE MEMBER COMMENTS: X. PUBLIC COMMENTS: XI. ADJOURNMENT: The next meeting will be held at 4:30 PM, Tuesday June 15,2004 Collier County Dept. of Transportation Road Maintenance 2705 Horseshoe Drive South Naples, FL 34104 ,. Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 ,16J ..-...... ~ 1.. AprillO, 2004 MINUTES L Meeting was called to order by Chairman Susan Saum at 4:31 PM. ll. A TfENDANCE: Members: Susan Saum, Dale Lewis, Bill Jaeger, Betty Schudel, Helen Carella County: Bob Petersen-Landscape Operations Othen: Sue Chapin-Manpower Services ID. APPROVAL OF MINUTES: March 16, 2004 Betty Schudel moved to approve the minutes of March 16,2004. Second by Dale Lewis. Carried unanimously 5-0. IV. APPROVAL OF AGENDA: Dale Lewis moved to approve the Agenda as presented. Second by BiU Jaeger. V. TRANSPORTA TION SERVICES REPORT: A. Budget Report - Bob Petenen The Current Monthly Budget was handed out. (Attached) Bob gave a brief explanation of the line items. - They are out for construction bids for East end of Devonshire and the cut-through ofWinn-Dixie and Publix. Robert will need to do some work in the area and will see actual Construction soon. - Will also see a cut into the shopping center. Revenues were covered. Insurance General had an odd amount and Bob will check that line item. The Proposed Budget was handed out. (Attached) - '03/'04 expenses (forecast of expenses for rest of this Fiscal Year) $129,600 - Covered the different line items - Covered the projected costs for the FY '04/'05 and explained. B. Millage Rate - showed breakdown of the different Millage Rates of.5 and .25. Bob reminded them it is harder to go up than it is to go 1 161 lJ ... down. Committee will make decision at their May meeting. They will discuss different projects they wish to do for the future. Bob mentioned the County pays for all the irrigation on Radio Road. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Robert Kindelan/CLM . Bad month for irrigation problems and Repairs . Devonshire - 13-14 main line irrigation breaks due to repairs to the sidewalks from tree root damage. . Lines are full of junk - cracked pipes due to being encased with roots - County paid for repairs. . Radio Road . Persistent leaks - dug up - valves/Pipes/traffic/main lines . Storm damage to trees and branches - didn't lose any plant material. . Car took out Oak tree - replaced . Magnolias look good by the tank . Fertilizing . Ribbon Palm planted - by Circle K . Robert will get a count of Shrubs to be ready to replace during rainy season along Devonshire . 3 Queen Palms in way of cut through - 2 of them will be moved. VII. OLD BUSINESS: A. Drive-by for Landscaping Medians and Devonshire U UMeeting was moved to van as committee viewed Radio Road and Devonshire - notes on road trip on Page 3 & 4. vm. NEW BUSINESS: None IX. COMMITTEE MEMBER COMMENTS: . The junk yard was mentioned and seems at a stand still. No one has knowledge of future development at this time. . Barricade on Devonshire discussed. x. PUBLIC COMMENTS: None 2 CONTINUATION OF MEETING 161 1.. Manv of the olants & Trees were identified: Bush Alamanda, Guava, Ribbon Palms, Bougainvilleas, Oak Trees, Magnolias, Plumbago, Crape Myrtle trees, MISCELLANEOUS . Have drainage issues in some areas to be considered for future plantings. . Discussed the green boxes (water) being hidden with plantings if possible . Open areas can be modified with irrigation . Areas shown where cuts will be made on Radio Road - some medians will be lost and other areas gained. . Committee would like the long stretches of open areas filled in - trees with bed plantings underneath as in the other areas. . Site areas were discussed DEVONSHIRE . Showed the 3 Queen Palms to be removed. . County replacing all dead sod areas . Jatrophia trees were identified . Bob mentioned extending the trees - approx. 5-6 Guavas and 6-7 Magnolias were talked about for variety. Plants & Trees to be considered: . Bridal Veil Tree, (max height of30 feet) . Plant during rainy season. . Irrigation added would take approx. 1 week. . Royal Palms - talked about them on the West End . Foxtail Palm - do in clusters - (smaller palm) . Cypress in the lower areas ( wet) . Magnolias and Ribbon Palms can be extended . Royal Palms - 7 or 8 (30 foot center) . Will wait for construction by Circle K before planting in that area . Leawood Lake area - Bush Alamanda - extend bed with Plumbagos . Water tank area - Plumbago - site issues - bring beds together - do need clearance for trees - Royals would be too thick - Foxtail or Ribbon Palms would be better. (Tall & small base needed - 45 MPH design speed -950 feet apart) . FoxtirelBriarwood area - extend beds - will figure out footage. . Further East - continue to extend beds . Livingston Road Intersection area - want something eye catching - Bob and Robert will work out something of high impact. . Car Wash area - continue with extending beds 3 . Timber Lake area - Same as the Livingston Road area. Continue with Hollies. ... Taylor Rental area - Extend beds continue with Buttonwood and Guava First National Band area - trees - check on site windows Bahia and Flortam Sod was discussed. Juniper is nice looking in the different areas. Alexander Palm - clumped 1b1 1.. . . . . . . Robert (CLM) & Bob Petersen will come up with a plan and different varieties. Can plant as late as July. Rainy season supposedly going to be later this year -late June-early July. Committee has approx. $530,000 in Reserves for Capitol. They discussed costs. A figure will be given at their next meeting. XI. ADJOURNMENT: Bill Jaeger moved to adjourn - second by Dale Lewis. Meeting was adjourned at 6:07 PM. 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PUBLIC COMMENTS IX. ADJO~NT f ::.",G, ~.r'."'. f '~" ,)~ **PLEASE NOTE** ~~M~ n J ~(,.1:- ') I b4 Tlte nexT wceT/Ilt; lI'ill he .II/frIO, 2(J()4.1 T 6:.ifJ pw "\ ( tilt' T u "tie La kt.'s ('Ill bhouse 180 Fort'sf I ,akf's Bh d. ..~ 1 161 IJ FOREST LAKES I~OAD'VAY AND IHL\lN.\(;E M.S.T.l. ADVISORY COMMITTEE 2705 HORSESHOE DRIVE soum NAPLES, FL 34104 Af!enda SPECIAL MEETING (To be held at 2705 Horseshoe Drive South May 5, 2004 L CALL MEETING TO ORDER: IT. ATTENDANCE: IV. APPROVAL OF AGENDA: VI. OLD BUSINESS: vn. NEW BUSINESS: A. Additional Work Authorization - Craig PajerlWilson Miller vm. PUBLIC COMMENTS IX. ADJOURNMENT **PLEASE NOTE** The next meetinJ: ",ill he June lO.jfl()4 ~~ 6:30 f.ll At th(' Turtle Lakl's (:!uhIIOUSl' 1 SO Fort'st I.akt's Blvd. .\apl"" Ff. 34!f15 1 161 1 FOREST LAKES ROAD\VA Y \~D DRAIN,\f.E 'LS.T.{ . ADVISORY COMMITfEE 2705 HORSESHOE DRIVE soum NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS ADril 8. 2004 ill. Approval of Minutes - Marcb 11, 2004 and IV. Approval of Agenda - Roger Somerville moved to approve botb the Minutes and Agenda as amended (as per minutes attacbed). Second by Bill Seabury. Carried unanimously 4-0. V. Transportation Services Report A. Budget - Tessie Sillery Budget was handed out (attached). Roger Somerville moved to approve to continue with tbe 3 Mil rate for the Forest Lakes MSTU. Second by Bill Seabury. Carried unanimously 4-0. Roger Somerville moved to approve tbe Proposed Funds for FY 2004/2005 Budget. Second by Virginia Donovan. Carried unanimously 4-0. v. Old Business: A. Report by Wilson Miller - Craig Pajer 4 Quotes for bids (attached) Roger Somerville moved to accept Contract #1. Motion dies for lack of second. Roger Somerville moved to accept Contract #1 and delete tbe 2 item discussed earlier. Motion dies for lack of second. More discussion followed on different contracts and which projects to do when. Craig Pajer will talk to Kyle Construction and authorize them to do the work, but delay some of the items so they can do a small portion of the villas as a quick fix. Perhaps delay doing some swale work in exchange for putting in a couple of inlets that are critical. Bob Jones moved to do all tbe projects recommended in order, but do as Craig stated above. Second by Roger Somerville. Carried unanimously 4-0. 1 / 161 1'" The Committee wanted everyone to know they are not postponing any . projects, just delaying the start of construction on certain portions. Craig will notify the County which tasks are approved and negotiate the timing of certain items. VI. New Business: D. Final approval for Construction Quote - Val Prince Bob Jones moved to approve the expenditure of $16,937.50 with AP AC. Second by Virginia Donovan. There is still another vendor outstanding, if quote is lower than the quoted amount above, they would go with the lower bid. Bob amended his motion to authorize the County to go with the other vendor if the bid is lower than the $16,937.50. Virginia amended her second. Carried unanimously 4-0. E. Membership: Bob Cunningham's term has expired and two persons have applied for the MSTU Advisory Board. Mr. Moaveni and Mr. Cunningham. Bob Jones moved to approve to the BCC the appointment of Bob Cunningham to the MSTU Advisory Board. Second by Roger Somerville. Carried unanimously 4-0. 2 16/ 11 FOREST LAKES ROAD\V,\ \' .\~D DI{AI:\AGE 'l.S.T.l . ADVISORY COMMfITEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Minutes April 8, 2004 L The meeting was called to order by Chairman Bob Jones at 6:30 PM. II. ATTENDANCE: Members: Bob Jones, Roger Somerville, Bill Seabury, Virginia Donovan, Bob Cunningham (Excused) County: Val Prince-Landscape Operations, Tessie Sillery-MSTU Landscape Coordinator and Diane Flagg Othen: Craig Pajer and Rebecca King-Wilson Miller, Sue Chapin- Manpower Services and 4 residents. m. APPROVAL OF MINUTES: March 11,2004 Page 2 - Bob Jones also met with representatives from Purchasing. Page 3 - Wilson Miller can come for a half hour a day at Craig Pajer's discretion for "on call services." Roger Somerville moved to approve the minutes of March 11,2004 as amended. Second by Bill Seabury. Carried unanimously 4-0. IV. APPROVAL OF AGENDA: Add under "New Business" - E. On Can Services F. Membenhip G. Paving CostslWoodshire Roger Somerville moved to approve the Agenda as amended. Second by Bill Seabury. Carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery Budget was handed out. (Attached) . The line item expenses were covered. It was noted another Title Search was requested for Parcel 15. They have no information as of this date. (The area was shown on the map) . Showed $22,100 as part of the Debt Summary - 5% negative Revenues. . Revenues were covered. . Proposed Budget for FY 2004/'05 was covered. Totals were given. (Attached) The figures given are all within the 3 Mil rate. 1 16J 1, Roger Somerville moved to approve to continue with the 3 Mil- rate for the Forest Lakes MSTU. Second by Bill Seabury. Carried unanimously 4-0. Roger Somerville moved to approve the Proposed Funds for FY 2004/'05 Budget. Second Virginia Donovan. Val mentioned line items #8, 9, and 12 have been increased based on costs of this past year. Any carry forward monies would be placed under Reserves for future construction. Diane Flagg addressed the current Ad Valorem taxes and the Estimated Revenues. Motion carried unanimously 4-0. VI. OLD BUSINESS A. Report by Wilson-Miller - Craig Pajer . Plant issue - Craig explained after talking with Pam Lulich, the plants that will be donated to the County are wetland plants for roadsides, lakes and developments that need to put in storm water ponds off roadways and would not be available for Forest Lakes. . 4 Ouotes for Bids (Attached) . Was broken down into 3 contracts for the different tasks. . Covered the different items according to the tasks and those bids for the particular items. . Contract #1: Lake #4 Restoration, Swale #18 Re-grading, Control Structure Rehabilitation and alternate bid items. . Original estimates in the Master Plan were higher for some items and lower for others. . Recommendations: Proceed with low bidder of Quality Enterprises and delete items for Lake Vegetation removal. $45,000 is a large cost to spend on increasing the lake and removing the vegetation. Need to get approval from Contractor to delete that item before proceeding. Also recommended to not clean the bank for Swale #18, saving $8,000. . Contract #2: Forest Lakes Clubhouse Storm Sewer Extension, Swale #16 re-grading, Swale #2 Re-grading and provide performance bond. . Do not accept alternate bid for plastic PVC pipe - prefer concrete. . Recommendations: Don't recommend deleting any items and advise going with the price from Mitchell and Stark. . Contract #3: Single Family Swale Rehabilitation #1, #2, provides performance bond and alternate bid items of Forest Lakes Villas Yard Drains. 2 16/ 1.; . In addition to being low bidder he offered a 5% discount if they postpone projects until after the rainy season. Could do some tasks now and others later - will receive a 5% discount on any part postponed. . Discussed the culverts and drainage into the swales. Showed different areas on map. . Recommendations: Discussed the funds in their Budget of being $488,000 funds available. Pavement bids for Woodshire Lane - 2 quotes of improving the 3 areas - $16,937. (Bonness & APAC Attached) His recommendations for the Contracts are: #1 - $68,000 #2 -251,000 #3 -133,000 (SF Homes) Total=$471,000 leaving a balance of$17,000. Does not include the yard drains for the villas area. He proposed to carry it over and give them the advantage of the 5% discount from Kyle. This would carry them into the next fiscal year when more funds are available and can be paid for at that time. They can choose to delay one or both projects and get the 5% discount. Craig recommended doing the projects and carry over Kyle's proposal until next year with the discount and be done in the dry season. Val informed the committee the procedure of cutting the PO's and receiving their revenues in October for the next fiscal year. By delaying, it will give them the 5% discount. Roger Somerville moved to accept Contract #1. Motion dies for lack of second. Roger Somerville moved to accept Contract #1 and delete the 2 items discussed earlier. Motion dies for lack of second. Virginia expressed her opinion of the flooding in her area being so bad with no improvements. She asked if Kyle would do two separate incidents and start the drainage on the villas and do just the worst driveways. Craig will ask. More discussion followed on different contracts and which projects to do when. * * Craig will talk to Kyle Construction and authorize them to do the work, but delay some of the items so they can do a small portion of the villas as a quick fix. Perhaps delay doing some swale work in exchange for putting in a couple of inlets that are critical. 3 Bob Jones moved to do all tbe proj..t. r..ommended~ ~~, bnY < as Craig stated above. Second by Roger Somerville. Carried unanimously 4-0. The Committee wanted everyone in attendance to know they are not postponing any projects, just delaying the start of construction on certain portions. Val mentioned they will still issue one work order for all tasks, just delay cutting the PO for $207,000 until October 1, 2004. Craig will notify the County which tasks are approved and negotiate the timing of certain items. B. Easements Update - Val Prince The real property is still in negotiations with Mr. Sheehan to provide the documents requested for Tax Parcel #2. Mr. Sheehan indicated the County made some commitments for affluent water lines in residential areas. They are pursuing the issue through Waste Water. Ifpositive results, they are hoping he will sign the proper papers for providing the right-of-way to the County. Only conflict would be re-routing the sidewalk. Mr. Cunningham had asked at the last meeting to check with the Pathways Advisory Committee on the possibility of sidewalks. VI. NEW BUSINESS: A. Truck Traffic onto W oodshire from Shopping Center - Bob Jones mentioned this is a sign issue. When trucks are trying to turn around they make large marks into the ditch area. They get stuck. Need a sign that says "no trucks." Val mentioned Bob Tipton had someone check the area and found they are unable to post signs because it is a private roadway. It was noted there is a sign there now - Left Turn Only. Roger will contact the shopping center to see if a larger or additional sign can be added. B. Sidewalks - a member of the MSTU can ask to be put on the Agenda to attend the Pathways Advisory Committee. They have no funds for 2005 but the committee can get on a list for additional future Enhancement Grants. May want to consider this in approx. 6-9 months. C. Lighting - Bob mentioned there is lighting in some areas and not in others. None on Woodshire Lane. Val mentioned if additional lighting is needed the Ordinance would need to be modified, as the only lighting the Ordinance addresses at this time is for the entrance. D. Final Approval for Construction Quote - Val 4 161 14 " Vendors were notified for quotes for asphalt APAC was the low bidder. Craig recommended cutting out a section of pavement, take out the lime rock., and put new lime rock back and asphalt over. Bob Jones moved to approve the expenditure of $16,937.50 with AP AC. Second by Virginia Donovan. There is still a vendor outstanding, if quote is lower than the $16,937.50, they would go with the lower bid. Bob amended his motion to authorize the County to go with the other vendor if the bid is lower than the $16,937.50. Virginia amended her second. Carried unanimously 4-0. E. On caD Services - Bob Jones - no report F. Membership - Tessie - Bob Cunningham's term has expired and two persons have applied for the MSTU Advisory Board. Mr. Moaveni and Mr. Cunningham. Bob Jones moved to approve to the BCe the appointment of Bob Cunningham to the MSTU Advisory Board. Second by Roger Somerville. Carried unanimously 4-0. vn. PUBLIC COMMENTS Ernie Carroll suggested he will let Naples Bath & Tennis know work will begin on May 1 st and they need to trim the vegetation that overhangs onto Forest Lakes. AP AC will start on their work in 2-4 weeks. 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If) a> I... a> ..... .5 0) I:: +:i U a> "0 u I:: a> a> .0 ::l ..... If) E a> ..c: ..... ~ 0> 0> ~ I:: -0 a> ..... co ~ u If) co ~ ::l ..... If) E a> ..c: ..... If) co ..c: 0) I:: .Q ~ o J: a> u I:: CI) I... a> ~ If) I:: ~ -,.. -;;::.~~-~ ~r~'~'-~~. ,-,~;":~::--:::=.. ,,' "C:~~~ COlJIER C~~NT '.", -;q\r1 l~ Pelican Bay Services Division 801 Laurel Oak Drive. Suite 605. Naples, Florida 34108. (239) 597-1749. Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THE PELICAN BAY SERVICES DIVISION BOARD Wll.I 1l(}1.I l\ I'!I~I 1< MEETING ON WEDNESDAY, MAY 5, 2004 AT 3:00 P.M AT THE COMMONS. ()..:''' I 1'11.1(\;-'" In) BOULEVARD, NAPLES, FLORIDA 34108 AGENDA OJ tJ).~ Q) ~ ctI ctI c: - CD Cii - c: >-- ._ ctI Q) 0 0 u.:I:J:CJO 1. Roll Call 2. Public Participation 3. Chairperson's Report Mr. Iaizzo's comments about our Board In the PeiIlan Bay Pust Letter in the Pelican Bay Post regarding the Asset Preservaliun Pn)gram My letter to residents regarding "Advisury" and Pelllan Bay Servlle~ ()l\I~l"n Questions sent to Naples City Manager - No respunse Foundation considering accepting maintenanle responSibility - New estlrn,lle ,I! total cost 4. Sheriffs Update 5. Sub-Committee Reports Clam Bay Sub-Committee Intenor Channels Beach Renounshment Clam Bay Annual MOnIturing & Improvemenl \~'heduk Budget Sub-committee Preliminary ReView uf Flslal '\ eal 2005 Budget Reserve AnalYSIS Source of Change AnalYSIS Budget Options Capital Project Review 6 Administrator's Overview Capital Projects Gulf Park Dn ve IrrIgalion and Landsl'ape Impn l\ emenl ~ Community Issues Sidewalk Overlays and Repairs Crosswalk at North Tram SlUt lun 7 Committee Requests 8. Adjourn All interested parties are invited to attend, to speak and to submit their objeetions, if am, in \0\ rilmg, 10 Ihl' board/committee prior to the meeting if applicable. Any person who deddes to appeal a dedsion of Iht, Hoard or quasi-judicial board will need a record of the proceedings pertaining thereto. and therefon', may nt'ed 10 t'osun' Ihal a verbatim record of the proceeding is made, which record includes Ihe testimony and evidenn' upon \o\hirh Iht, appt.al is to be based. If you are a person with a disability who needs any a('('ommodation in ordt'r 10 partiripalt' in Ihi, proceeding, you are entitled, at no cost to you, to the provision of ('ertain assistam'e. 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Qj z Pelican Bay Services Division Proposed Fiscal Year 2005 Budget Source of Change Analysis 161 1 Source of Change Amount Level of Item Change Service Cost Other Notes Personnel Services -$111,600 -$111,600 1 Indirect Cost -$5,800 -$5,800 2 Other Contractual - Admin $10,100 $10,100 3 Direct Client Services - IT $5,100 $5,100 4 Other Training & Education $4,400 $4,400 5 Engineering -$44,606 -$44,606 6 Other Contractual Services $641,353 $641,353 7 Senn & Swale Maintenance $25,000 $25,000 8 Water Use -$16,200 -$16,200 9 Fertilizers, Pesticides $13,800 $13,800 10 Mulch Requirements $12,700 $12,700 11 Repairs & Maintenance $10,500 $10,500 12 Employee Unifonns $3,700 $3,700 13 1 Personnel Services were reduced because of the elimination of three positions" One of the eliminated positions was the result of a worker's compensation case" The position had been previously replaced with existing staff. The other two eliminated positions were vacant positions that are being replaced with contract labor. 2 Indirect costs decreased due to the County's method for calculating allocated costs to the departments which is based on services provided from various County Administrative Departments, 3 This funding was increased to provide additional mailings to the Community. 4 This is a fixed calculated cost from the I.T. Department. 5 This funding increase is for the training of staff for the computerized irrigation system and for the necessary training for pesticide application and certified arborist licensing" 6 This reduced funding is because the 2004 budget included rolled encumbrances. 7 This funding increased $800,000 for beach renourishment, $6,000 for exotic maintenance $20,600 for contract labor to offset the eliminated full time positions and $3,600 for street light replacement. There is a decrease $152,000 for hydrographic improvements and $36,000 in paving. 8 This funding increase has been included for the construction of littoral shelves within the Water Management System for improved nutrient uptake. 2 Pelican Bay Services Division Proposed Fiscal Year 2005 Budget Source of Change Analysis 161 1 9 This funding requirement has been reduced due to the reduction in water consumption as a result of the new computerized irrigation control system. 10 Funding increased based upon the usage demand in the 2004 fiscal year. The requirements for pesticides and herbicides is variable by weather conditions, Fertilizer requirements have also increased because of the U.S. 41 Senn in an attempt to accelerate the establishment of the plant materials. Cost has also increased for some slower fertilizer utilized. 11 Funding requirements for mulch has increased because of expanded areas where exotics have been removed. As these areas become more established mulch requirements may be reduced, 12 This funding is based upon an increase in vehicle maintenance and fuel cost. 13 Additional funding has been included to provide unifonns to long tenn contract laborers to provide an improved image while perfonning duties in the Community" 14 This funding is for additional aquatic plantings within the Water Management System" 15 This funding increase is for the replacement of several street light electrical services in the single family street light system. 3 w ('I) 0 10 " 0 ('I) N t") 0) Z ..- III CO; N 'V W ~ ('I) CD 0 It: ~ ~ 0 W IL. IL. is I-Z N <>> 'V " Zo 0 CD 0 10 Q) CD 0 t") - W- ..- 10 lU :&1- ..- 10 0 0 0::: mQ. 10 10 <0 ci ~ ~ ~ Q) mO Ol W:r: ~ ml- m- ~ <3: " I- 0) <>> <>> " c Z <0 <0 <0 'V m WIt)W cO <0 cO <0 <>> Z m8:E ..- ..- ..- 0 0 10 10 10 0 ONm ~ ~ ~ i= Q. ,m c Q. 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C> CI) w W U.,,'VO)'VCON<O Z W > 0 C "-"-N'Vr--O) I- > CD.c~~~~~~ 0::: N ,,~ Z 0:: W >- 'ii) 3: :s w fJ) co- CD fJ) W ~~ It: Z a.. w 0:: - 0 ....J 0:: 0 - Q) 0 <: 0 o:::m CD i= z l- I- ::JQ) :I Q. 0 0 0"3 Ci 0 0 0 i= 0 0 W"O > fJ)Q) 0 0 M .s:= 'C 000000 0 co Wo CD 000000 0 10 10 OfJ) fI:l 000000 <: N ~ ::JQ) fI:l cicicicicici 0 0 0 o Q) CD 100100100 0 0 0 wfJ) fI:l ..-NNIOr--O fI:l <: <: <: 0:::- c( Z 0, -0 ..- N ('I) 'V t:z 0 4 161 l'~ ~: Revenue Carryforward Transfer from TOe Inlerest Income Plan Review Fee Income State Matching Funds (Grant) Interfund Transfers (Fund Ill) Assessment or Ad-VaJorem Tax Levy Total Revenue Appropriations Projections Personlll Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Clienl Services - 1. T, Printing or Binding - Outside Vendors Legal Adver1ising Gab Recording Fees, Etc. Office Supplies - Genera1 Other Training & Educational Exp, Other Operating Supplies Fi..ld Services: Engineering Plan Review Fees ( >ther Contractual Services Berm & Swa1e Maintenance Walee Use ChM'/lCS R~-p\anting Program Cclluar Telephones/Radios Trash & Dwnpsler Fees Water Quality Testing Insurance - V chicles Insurance - General Electricity Fertilizers, Pesticides Sprinkler System Mainl Mulch Requiremenls Equipment Rental l.icenses and Permils Repairs & Maintenance Minor Operating Supplies Employee Uniforms ( )thcr ()perating Supplies Capital Outlay S<<urity PeT1lOI1a\ Services Other Contractual Services Oth..r CharxesIFees Expenditw-e Reserve Tax ColJector Property Appraiser Revenue Reserve Total Appropriations Collier County Pelkan Bay Services Division fISCal Year 2005 Operating Budget ,161 1. Generlll Funds Capital Projects Funds Water Community street Clam 8IIy UulI1l1U1'ed Capital Total MmJaaement Beautlfk:ation Lights SecurIty System Assets Projects All Funds ($1,600) $36,000 $36,600 $48,000 $65,100 ($30,200) $319,100 $461,600 $0 $0 $0 $0 $10,000 $0 $0 $10,000 $1,600 $16,300 $2, 000 $3,100 $6,100 $30,200 $2,200 $61,500 $1,500 $0 $0 $0 $0 $0 $0 $1,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $226,900 $0 $0 $226,900 $182,300 $1,560,900 SI99,800 $444,100 $1,225,900 $0 $442, 100 $4,655,100 I $183,800 $1,613,200 S238,4OO $495 800 $1,534,600 $0 $163 400 $5,429,200 n $169,000 $134,700 $75,300 $979.000 $124.800 $0 $11,600 $1,000 $137,400 S23,900 $31.800 $23,400 $79,100 $600 $600 $600 $1,800 $5,000 $5,000 $3,500 $13,500 $5,500 $5,500 $2,000 $13.000 $1,300 $ll,500 $1,300 $25"100 $1,200 $1,300 $1,200 $3.700 $3,300 $600 $600 $4,500 $3.100 $3,800 $3,700 $11 ,200 S2,OOO $2,000 $0 $4.000 $3,000 $3,000 $0 $6,000 $2. 000 $2, 000 $0 $4,000 $3,000 $2, 400 $500 $5,900 $1,100 $4,500 $0 $5,600 $0 $0 SI,OOO $1.000 S15.000 $0 SI,5OO $230,700 $247.200 SI,500 $0 $0 $1.500 589,400 S243.500 SI6,200 $1,159,900 $1.509.000 S39,000 $0 $0 $39,000 $0 $78.800 $0 $78,1100 $0 $38,500 $0 $38.500 $1,200 55,000 $lIOO $7,000 $8,200 $24, 500 $0 $32700 $14,000 $0 $0 $2,700 $16.700 $2.800 $6, 500 $9OlJ $10,200 $2.400 $9,300 $800 $12.500 $0 $0 $28.600 $28,600 $60,000 $40,000 $0 $100.000 $0 $20,000 $0 $20,000 $0 $60,500 $0 $60.500 $0 $7,000 $0 $7,000 $0 $6OlJ $0 $600 $10,911O $45,400 $0 $900 $57.200 $0 $3,000 $0 $1,000 $4,000 $1,311O $8,000 $0 $9.300 $17,800 $13.000 $17,300 $12.000 $60,100 $82.500 $41,500 $19,800 $0 $0 $711,400 $861.2lXl $0 $0 $0 $0 $0 $0 $0 $0 $448,500 $448.500 $24,200 $48,300 $6,200 $13,800 $31,900 $0 $13.700 $144,100 $16,000 $31,900 $4.100 $9,100 $25.000 $0 59,000 595.100 $41,200 $82,200 $10,500 $23,400 $64,500 $0 $23.300 $245,100 II $183.800 $1,613,200 $238,400 $495,800 $1,534,600 $0 $163,400 $5,429.200 n Equival..nt Residential Unit's: Projected Rate: ERLJ or Millage Projected Total Rate: ERV or Millage Actual Rat.. (FY 2004) \ctulll DollarlMilllIR" ChanI!e Perc..n.....e Chao!!.. 7763,19 7763"19 $100.170 S201.064 $lOl.83 $lOl.08 $0"75 0,250/0 1763.19 $56,95 1763.19 1163,19 5157.91 7763,19 $0.00 5214"86 $24,30 $190.56 784.20./0 0.0433 0.0964 0.1397 0.0277 0.1060 0.13370 4,470/0 $516.69 $l25.38 $191.31 58.80% 5 Collier County :1 f[ j ~~ ~(:..no Pelican Bay Services Division 'U .", ~ Division Summary - AD Funds Schedule of Line Item Comparison 05104 TotIll Dollar FlscaIYear Increase Percentage 2005 2004 (Decrease) Change Revenue Carryforward $467,600 SI.259,759 ($792.159) -62.88% Transfer from TDC $10,000 SIO,OOO $0 0.00% Interest Income $67,500 $44,100 $23,400 53.06% Plan Revlew Fee Income $1,500 $1.500 $0 0.00% Stale Matching Fo.mds (Grant) $0 $0 $0 ilia Interfund Transfers (FWld Ill) 5226,900 S165.100 $61,800 37.43% Assessment or Ad-Valorem Tax Levy $4,655,700 $3,097.200 $1,558.500 50.32% Total Revenue $5.419,200 54,577.659 $851,541 18,60./. Appropriations Projections Penona' Servlc:es $979,000 $1,090,600 ($111,600) -1140% Administration: Indirect Cost Reimbursements $137,400 $143,200 (55,800) -4.22~-o Other Contractual Services 579.100 $69.000 $10,100 12.77% Telephone - Set'Vlce ConlIacts $1,800 $1,800 $0 0,00% Telephone - Direct Lme $13,500 $13,500 $0 000% Postage. FreIght & Ups $13,000 $13,000 $0 0.00010 Rent - BUIldings $25,100 $25.200 ($100) -040% Rent. Eqwpment $3,700 $3.000 $700 18.92~1J Insurance - General $4,500 $4,400 $100 2.22%) Direct Client Services - [T $11,200 $6,100 $5.IW 45.54% Printmg or Binding - OutsIde Vendors $4,000 $4.000 $0 0.000"0 Legal Advenl.ing $6.000 $6.000 $0 0.00% Clerks Recordmg Fees, Ere $4,000 $4.000 $0 (jOOO/o Office Supplies. General $5,9\X) $5,900 $0 o (jOo,. Other Tramlng & Educational Exp $5,600 $I.~OO $4.4m 78 570'0 Other Operatmg Supplies $I,{J()() $1.000 $0 limo.. Field Services: Engmeenng $247,200 $291.806 ($44,606) -\804% Plan Revlew Fees $1,500 $ J,500 $0 O.(X1% Other Contractual Set'Vlces $1.509,000 $867,647 $641.353 42.50% Berm & Swale Maintenance $39,000 514,Ol.XI $25,IX)O 64.10'''0 Water Use ChalKes $78,800 $95.000 ($16,21)1) .20.5600 Replantmg Program $38,500 $38,500 $0 ')(X)"o Trash & Dumpster Fees $32,700 $32.700 $0 (J(Xl% Water Qualltv TestIng $16,700 $16,700 $0 0.00% [nsurance - VehICles $IO.~OO $I1,lJ()() ($800) _7840'0 Insurance - General $] 2,5(X) $12,300 $200 I 6000 Electncltv $28,600 $30,300 ($UflO) _) <)400 Fertlhzers, Pesticides $100,000 S86,200 $13.HIXl 138U'0 Spnnlder System Maint $20JXKl $20,00) SO o ()()".O Mulch ReqUirements $6O,5<Xl $47,800 S12,700 20.99% EqUipment Rental 57,CX)() $8,O()() ($1.000) -142~'O Licenses and PermIts $/i(X) $l.lXX) (~O) -66.670. Repalf~ & Maintenance $57,~(X) $46.7()() 510,5lX) 1836', Mmor OperatIng Supplies $4'<XXI S4,~X) ($4m:l -IOIX)"o Emplovee Umforms 59,3()() S5,600 $3,71)) 39 78% Other Operaung Supplies $60,llKl $57,806 $2,294 3 820'0 Capital Outlay $861.2()() $770.700 S9\l.51X) 105100 Security Personal Services $0 $0 $0 nla Other ConlIactual SeJV1ces $448,500 $409.300 S39,200 874% Other Chal'l!eslFees Tax Collector $144,100 $92. 900 S51.200 35 530. Property AppraIser $95.1 IX) $61.~)() $33,700 35.4400 Revenue Reserve $245.100 $162.500 $8~,600 33.7')"0 Total Appropriations $5.429.200 S4,577.669 $851,541 15,68-/. 6 Collier County Pelican Bay Services Division 16 I Ii General Fund Schedule of Line Item Comparison 05104 Total Dollar FIsclII Year Increase Pen:engge 2005 2004 (Decreue) Change Revenue Carryforward 528.400 $69,786 ($41,386) 59.30010 !nIerest Income 523,900 $20.500 53.400 16.59% Plan Review Fee Income $1,500 $1,500 SO 0,00% State Matching Funds (Grant) SO SO SO nla 1nterfund Transfers SO SO SO nla Assessment or Ad. Valorem Tax Levy $2,343.200 $2,337,400 55.800 0,25% Total Revenue $1,397.000 $1,419,186 (531,186) -1.31% Appropriations Projections Personal Services $903,700 51,016.200 ($112.500) .11.07% Administration: Indirect Cost Reimbursements $124.800 5132,900 ($8.100) ~,09% Other Contractua.l Services 555,700 $48,900 $6.800 13,91% Telephone - Service ConlrllClS $1.200 $1,200 SO 0.00% Telephone - Direct Line 510.000 $10,000 SO 0.00% Postage. Freight & Ups 511,000 $11.000 SO 0,00% Rent - Buildings 516.800 $17.200 ($400) -2.33% Rent - EqUIpment $2,500 51,700 $800 47,06% Insurance - General 53.900 53.800 $100 2,63% Direct Client Servtces - IT $7,500 $3,100 $4.400 141.94% Printing or Bmding - OutslCle Vendors $4,000 $4,000 SO 0.00% Legal AdvertIsing $6.000 $6,000 $0 0,00% Clerks Recording Fees. Etc $4,000 $4.000 SO 0,00% Office Supplies - General 55,400 55,400 $0 0.00% Other Traming & Educational EXV 55,600 $1,200 $4,400 366.67% Other Operating Supplies SO SO SO nla Field Services: Engineenng $15.000 $13,686 5],314 9.~'O Plan Review Fees 51,500 51,500 SO 0.00% Other Contractual Servtces 5332,900 5370,200 ($37,300) -1008% Berm & Swale Maintenance 539,000 514.000 525,000 178.57'% Water Use Charges $78,800 595,000 (516,200) -17050/0 Replanting Program 538,500 538,500 SO 0.00% Trash & Dumpster Fees $32,700 532, 700 SO 0.00% Water Quality Tesllng 5]4,000 $]4,000 SO 0.00% Insurance - V chIcles 59,300 59.300 SO 000% Insurance - General 511,700 512,300 ( $6(0) -4.88% Electnclty SO SO $0 nla Fertilizers, PestICIdes 5100,000 586.200 513,800 16.01% Spnnkler System Main! $20,000 $20.000 SO 0.00% Mulch Requirements $60,500 $47,800 5]2,700 265'7'% EqUIpment Rental 57,000 $8,000 ($1,000) -12,50% Licenses and Pcrrmts $600 $1.000 ( $4(X)) -4000% Repairs & MaIntenance $56,300 $44,900 511,400 25.39% Minor Operating SupplIes 53,lXlO 53,400 ($400) -1 1.7600 Employee Umforms 59,300 $5.600 53,700 66.07% Other Operatmg SupplIes $30,800 $27,800 $3,000 1079% Capillll Outlay 5124,000 5n,700 $46,300 59.59% Security Per.IOOlll Services SO SO SO ilia Other Contractual Services SO SO SO ilia Other Chal'l!eslFees Tax Collector $72.500 $69,800 $2, 700 3.87'% Property Appraiser $47,900 $46,100 51,800 3.90% Revenue RCSCIVC $123.400 $123,]00 5300 0.24(% Tollll Appropriations $1,397,000 $1.419,186 (531,186) -1.31-1. 7 Collier County Pelican Bay Services Division 16 I U Water Management Department Schedule of line Item Comparison 05/04 Total Dollar FlsclIl Year Increase Percentage 2005 2004 (Dec:rease ) Cluonge Revenue Carryforward ($7,600) $57,386 ($64,986) -113,24% Interest Income $7,600 $6,200 $1.400 22.58% Plan Review Fee Income $1.500 $1.500 $0 o 00"10 Miscellaneous Income $0 $0 $0 nla Prior Year Expenditures $0 $0 $0 nla State Matching Funds (Grant) $0 $0 $0 nla Assessment or Ad-Valorem Tax Levy $782,300 $681 ,300 $101.000 14.82% Total Revenue $783,800 $746.,386 $37,414 501% Appropriations Projections Penonal Services $169.000 $192,700 ($23,700) -12.30% Administration: Indirect Cost Reimbursements $124,800 $132,900 ($8.100) -6.09% Other Contractual Services $23,900 $20,600 $3,300 16.02% Telephone - Service Contracts $600 $600 $0 0.00"/. Telephone - Direct Lme $5,000 $5,000 $0 0.00"/0 Postage, Freight & Ups $5,500 $5,500 $0 0.00% Rent - Buildings $8,300 $9,000 ($700) ,778% Rent - Eqwpment $1,200 $300 $900 30000"10 Insurance - General $3,300 $3,200 $100 3.13% Direct Client ServJces - IT $3,700 $0 $3,700 nla Printing or Binding - Outside Vendors $2,000 $2,000 $0 o 00"/0 Legal Advertismg $3,000 $3,000 $0 0.00% Clerks Recording Fees, Etc $2,000 $2.000 $1) o 00"/. Reunburse Pnor Year Expenditures $0 $0 $0 nla Office Supplies - General $3,000 $3,000 $0 n.OO"/o Other Training & EducatIOnal Exp. $1,100 $1,000 $100 10.00% Other Operating Supplies $0 $0 $0 l1Ia Field Services: Engrneenng $15,000 $13,686 $1,314 960'>-0 Plan Revtew Fees $1,500 $1.500 $0 o (M1% Other Contractual ServJces $89,400 $145,300 ($55,900) ,3847",. Berm & Swale Mamtenance $39,000 $ 14,()00 $25,000 17857"/. Water Use Charges $0 $0 $0 nla Replantrng Program $0 $0 $0 l1Ia Trash & Dumpster Fees $8,200 $8,200 $0 I)(~)O " Water Quality Testing $14,000 $14,(~)0 $0 ,)()()". Insurance - VehIcles $2. 800 $2.XOO $0 000% Insurance - General $2.400 $2,4fXl $0 Ol~)% ElectrlClty $0 $0 $0 l1Ia FertIlizers, Pestlcl<1es $6O.l~X) $55,2(Kl $4.8(~1 S 7()Oo Spnnkler System Mamt $0 $0 $0 l1Ia Mulch Reqwrements $0 $0 $0 l1Ia Equipment Rental $I) $0 $0 l1Ia Repatrs & Mamtenance $10,9(Xl $8.200 $2,7(K) 32.93%, Minor Operating SupplIes $0 $0 $0 rua Employee Unltimns $1.300 $I.3IK) $1) n,OOO'o Other Operating SupplIes $1 7.8fXl $11,800 $6,ln) 50.850'0 Capital Outlay $82,51Xl $16.3lXl $66,200 .....~ 13~'O Security Personal Services $0 $0 $0 l1Ia Other Contractual Scrv.ces $0 $0 $0 l1Ia Othu Chal'l!esIF eel Tax Collector $24,200 $21.1 00 $3,100 1469% Property Appraiser $16,000 $13,900 $2,lm 1511% Revenue Reserve $41,200 $35.900 $5,300 14 7600 Total Appropriations $783,800 $746.316 $37,,"4 5.01-/. 8 Collier County 16 , 1 << Pelican Bay Services Division 11,' Community Beautification Department Schedule of Une Item Comparison 05/04 Total Dollar FIscal Year Increase Percntage 1005 1004 (Deerease ) Cllanl!e Revenue Carryforward S36,OOO S12,400 S23,600 -190.32% Interest Income S16.300 S14.300 S2.000 13.99"10 Plan Review Fee Income $0 $0 $0 ilia Interfund Transfers $0 $0 $0 nla Assessment or Ad- Valorem Tax Levy SI,560.900 SI.656.100 (595,200) -5.75% Total Revenue Sl,613,100 51,681,800 ($69,600) -4..4~ ApproprIations Projections Personal Services 5134.700 $823.500 (588,800) -10,78% Administration: Indirect Cost Reimbursements $0 $0 $0 nla Other Contractual Services $31.800 528.300 53.500 12,37% Telephone - Service Contracts $600 $600 $0 0,00"/0 Telephone - Direct Line $5.000 $5.000 $0 0,00"10 Postage. Freight & Ups 55.500 $5.500 $0 0,00"/. Rent - Bwldmgs $8,500 $8,200 $300 3.66% Rent - Equipment $1,300 $1,400 (SIOO) -7,14% Insurance - General $600 $600 $0 0.00"10 Direct Client Services - IT $3,800 $3,100 S700 22.58% Prinung or Binding - Outside Vendors $2.000 $2.000 $0 0,00"/. Legal AdvertISing $3.000 $3.000 $0 0.00"/. Clerks Recording Fees, Etc, $2.000 $2,000 $0 OllO"i> Office Supplies - General $2.400 S2. 400 $0 0.00"10 Other Training & Educational Exp $4,500 S200 $4,300 2150.00"10 Other Operating Supphes $0 $0 $0 nla Field Services: Engmeenng $0 $0 $0 nla Plan Review Fees $0 $0 $0 !lIa Other Contractual Services S243,500 S224,900 $18,600 8,27% Berm & Swale Maintenance $0 $0 $0 nla Water Use Charges S78,800 $95,000 ($16,200) -1105% Replanting Program S38.500 $38,500 $0 O.llO"i> Cell PhonesfR.adJ.os $5,000 $0 $5,000 ilia Trash & Dumpster Fees S24,500 $24,500 $0 0.00"/. Water Quahty Testing $0 $0 $0 nla Insurance - Vehicles $6,500 $6.500 $0 0.00"/. Insurance - General $9,300 S9.900 ($600) -606% Electncity $0 $0 $0 ilia Fertilizers, PestIcides $40,000 $31.000 $9,000 2903% Sprinkler System Mamt $20,000 $20.000 $0 0.00".. Mulch ReqUirements $60,500 $47,800 $12,700 2657% EqUIpment Rental S7,000 $8,000 ($1.000) -12.50% Licenses and PermIts $600 $1.000 ($400) -4000% RepairS & Maintenance $45.400 $36,700 $8,700 23.71% Minor Operalong Supphes $3,000 $3.40) ($400) -11.76% Employee Umforms $8.OIX) $4,300 $3.700 86.05.. Other Operalong Supphes $13,000 $16,000 (53,OIlO) -18.75% Capital Outlay $41,500 $61.400 ($19,900) -3241% Security Pernonal Servtces $0 $0 $0 !lIa Other Contractual ServIces $0 $0 $0 lIIa Other Chargeslt"ees Tax Collector $48.300 $48,700 ($400) ..082% Property AppraIser 531,900 $32,200 (S300) ..0 93% Revenue Reserve $82.200 $87,200 (55,000) -5.73% Total Appropriations 51,613,100 51.681,800 ($69,600) -4,14% 9 Collier County Pelican Bay Services Division Street Ughting Fund 1 6 I lA Schedule of line Item Comparison 05/04 , Total Dollar Fisall Year In<:rea5e P.....,entage 2005 2004 (Deerea5e ) Chanlle Revenue Carryforward $36,600 $87,000 ($50.400) 57.93% Interest Income $2,000 $1.300 $700 53.85% Plan Review Fee Income $() $() $0 fila Assessment or Ad-Valorem Tax Lew $199,800 $118.300 S81.500 68.89% Total Revenue $238,400 5106,600 531,800 15.39-;. Appropriations Projections Personal Services $75.300 $74.400 S900 1.21% Administntion: Indirect Cost Reimbursements $11,600 $10,300 SI,300 12. 62~/o Other Contractual SeIVIces $23,400 $20,100 $3,300 ]6.42% Telephone - SCIVlce Contracts $600 $600 $() O.(J()',," Telephone - Direct Lme $3,500 S3.500 $() O~O Postage, Freight & Ups S2,OOO S2,000 $() O.~'O Renl - Buildings $8,300 $8,000 $300 3.75% Renl - Equipmenl SI,200 $1,300 (SI00) -769'% Insurance - General $600 $600 $() O.~,o Direct Client SeIVIces - 1. T $3,700 S3,000 S700 23.33% Printing or Bindmg - Outside Vendors $() $() $0 fila Legal AdvertIsing $0 $() $0 wa Cletks Recording Fees, Etc. $0 $() $0 wa Office Supplies - General $500 $500 SO 000% Other Training & Educauonal Exp $0 $0 $0 n:a Other Operating Supplies SI,OOO Sl,OlXJ SO Il~'o Field Services: Engineenng SI ,SIX) S1.500 $0 0000.0 Plan Review Fees $() $0 SO l1Ia Other Contractual SeIVIces SI6,200 SI2.60() S3,6i~1 28.57"0 Berm & Swale Mamtenance $0 SO SO n:a Water Use Charges $0 SO $0 wa ReplantIng Program $0 SO $0 rva Trash & Oumpster Fees $0 SO SO n:a Water Quality Testmg $0 $0 SO nJa lnswance - VehIcles S900 S1.700 ($81~)) -4706% Insurance - General $800 $0 S8IN) nJa Elcctnclty S28,61.XJ S30.300 ($ unO) -56100 Fertilizers, PestiCides $0 SO SO rva Spnokler System Maml SO $0 SO wa Mulch ReqUIrements $0 $0 $0 wa EqUipment Renlal SO $II SO n:a RepaIrs & Maintenance $I) $0 SO wa Minor Operaung Supplies $0 $0 SO wa Emplovee Uniti,rms $0 $II $0 wa Other Operating Supplies S17.300 SI6,401 S9I~1 ).4'110 Capital Outlay S19,80n $6,S00 SI3.300 ~04 6200 Security Personal SCIVlCes $0 $0 $I) wa Other Contractual ServiCes SO $I) $0 wa Other Cha'l!eslFees Tax C oUcctor $6,21X) S3.7(~) S2,5nn 6757% Property Appraiser $4,lr~) SHOO SI,700 70.8300 Revenue ResetVe SIO.500 $6,200 $4.300 69.3500 Total Appropriations 5238,400 5206.600 531.800 15.39-/. 10 Collier County 16 I It Pelican Bay SenKes Division Security Fund Schedule of line Item Comparison 05/04 T.... Dollar FIscal Year IncreaR Percentage 1005 1004 (Decreue) Change Revenue Carryforward $48,000 $46,900 SI,IOO -2.35% Interest Income S3.I00 S3.400 (S300) -8.82% Plan Revtew Fee Income SO SO SO nla Assessment or Ad-Valorem Tax Levy $444,700 5452,900 ($8,200) -1.81% Total Revenue 5495,800 S503,100 ($7.400) -1.47-/_ Appropriations ProJectiooI PenonaJ ServIces SO SO SO nla Administntion: Indirect Cost Reimbursements SI.OOO SO SI,OOO nlo Other Contractual Services SO SO SO nlo Telephone - Service ConlnlCts SO SO SO nla Telephone - Direct Line SO SO SO nlo Postage. Fretghl & Ups SO SO SO nlo Rent - Bwldings SO SO SO nlo Insurance - General SO $0 SO nlo Direct Client Servtces - IT SO $0 $0 nlo Printing or Biniling - Outside Vendors SO $0 $0 nlo Legal Advertising SO $0 SO nlo Clerks Recording Fees. Etc, SO SO SO nlo Office Supplies - Generol SO SO $0 nlo Other Training & Edw:allOnal Exp, SO $0 $0 nlo Other Operating Supplies SO $0 SO nlo Field Services: Engmeenng SO SO SO nlo Plan Review Fees SO SO SO [lIa Other Contractual ServIces SO $0 $0 nla Berm & Swale Mamtenance SO $0 $0 nla Water Use Charges $0 $0 SO nla Replanting Program $0 $0 SO nlo Trash & Dwnpster Fees SO $0 SO nla Willer Quality T estmg SO $0 SO [lIa IIlSW1IIlCe - V chicles SO $0 $0 [lIa Insurance - General SO $0 $0 nlo Electricity $0 SO $0 nla FertIlizers, PestIcides SO $0 $0 [lIa Spnnkler System Maint SO SO $0 [lIa Mulch Reqwremems $0 $0 SO [lIa Eqwpment Rental SO $0 $0 [lIa RepaltS & Mointenance $0 $0 $0 nla Mmor Operatmg Supplies SO $0 SO [lIa Employee UnifOrms SO SO SO n1a Other Operatlng Supplies SO $0 SO Dia Capital Outlay SO $48,OI~) (S48,llOO) [lIO S<<urity Personal Servlces $0 $0 SO nla Other Contractual Servlces $448,500 S409.300 S39,200 958% Other Chal"l!eslFees Tax Collector S \3,800 S \3,6(X) S200 147"0 Propertv AppralSCl" S9.IOO S9,(Xx) $100 I 110.0 Revenue ReSetVc S23,400 S23.300 SI00 O,43~,'O Total Appropriation. 5495.800 5503,100 (S7,400) - 1.4701_ 11 Collier County 16 I 1 Pelican Bay Services Division 'f " aam Bay Restoration Program Schedule of line Item Comparison 05104 Total Dollar Fiscal Year Increase Percentage 2005 2OG4 (Dec:rease ) Chan!!e Revenue Carryforward $65,700 $570,873 ($505,173 ) -88.49% Transfer from 1DC $10,000 $10,000 $0 O~'O Interest Income $6,100 $200 $5,900 :950.00% State Matching Funds (Grant) $0 $0 $0 t1Ja [nterfund Transfers (Fund 111) $226,900 $165,100 $61,800 37.43% Assessment or Ad-Valorem Tax Levy $1,225,900 $38,400 $1.187.500 3092.45% Tot8I Revenue $1,534,600 $784,,573 $750.027 95,60"10 Appropriations Projections Penonal Services $0 $0 $0 nJa Administration: $0 $0 $0 lIIa Indirect Cost Reimbunements $0 $0 $0 lIIa Other Contractual Services $0 $0 $0 lIIa Telephone - Service Contracts $0 $0 $0 t1Ja Telephone - Threct Lme $0 $0 $0 t1Ja Postage, Freight & Ups $0 $0 $0 n/a Rent - Buildings $0 $0 $0 lIIa Rent - Equipment $0 $0 $0 nta Insurance - General $0 $0 $0 lIIa Direct Client Servtces - [T. $0 $0 $0 t1Ja Printmg or Binding - Outside Vendors $0 $0 $0 t1Ja Legal Advertismg $0 $0 $0 lIIa Clerks Recordmg Fees, Etc $0 $0 $0 nta Office Supplies - General $0 $0 $0 t1Ja Other Trauung & Educational Exp $0 $0 $0 nra Other Operatmg Supplies $0 $0 $0 n:a Field Services: Engineenng $230,700 $276,620 -$45,920 -166<)0. Plan Review Fees $0 $0 $0 n/a Other Contractual SClVlces $1.159,900 $484,847 $675,053 13923% Benn & Swale Maintenance $0 $0 $0 TlIa Water Use Charges $0 $0 $0 TlIa ReplantIng Program $0 $0 SO TlIa Trash & Dumpster Fees $0 $0 $0 TlIa Water QualIty Testmg $2,700 S2. 7(Xl $0 (1)1)00 Insurance - Vehicles $0 $0 $0 TlIa Insurance - Genera1 $0 $0 $0 TlIa ElectriCity $0 $0 $0 tl!a FertlliZ\Ol'S, PeslleuJes $0 $0 SO na Sprinkler System Mamt $0 $0 $0 lIIa Mulch Reqwrernen\s $0 SO $0 TlIa EqUIpment Rental $0 $0 $0 tl!a Licenses and Pennlts $0 $0 SO n'a Repall" & Maintenance $900 $I.SlXl -$9<Ml ~5001jOo Mmor Operat1l1g Supplies $1,001 SI.OOO SO 01)0"0 Employee Uruforms SO $0 $0 ni3 Other Operatmg Supplies $12,()()O $13,606 -$I.6<J6 -II goo. Capital Outlay $0 $0 $0 tl!a Security Personal SClVlces $0 $0 SO na Other Contractual SClVlces $0 $0 SO ",a Other Charges/Fees SO Tax Collector $37.900 $1,200 $36.700 ,058 3300 Property AppralSCT $25,000 $800 $24,200 3025.0\)% Revenue Reserve $64.500 $2.000 $62.500 3125.IMI% Total Appropriations 51,534,600 5784,573 5750.027 95,60"10 12 Collier County 16 I 1 ~ . Pelican Bay Services Division Uninsured Assets Schedule of Une Item Comparison 05104 Total Dollar FIscal Year Increase Percentage 2005 2804 (Decreue) Change Revenue Carry!orward ($30,200) ($11,900) ($12,300) 68.72% Interest income $30.200 $11,900 $12,300 68.72% lnIerfund Transfers (FWld i J[ ) SO $0 SO n/a Assessment or Ad- V alarern Tax Levy $0 SO $0 n/a Tobll Revenue $0 . $0 "'a Appropriations Projectlons Capital Outlay SO SO SO n/a Other ChargesIFees Tax Collector SO SO SO nJa Property Appraiser $0 $0 SO nJa Revenue Reserve $0 $0 SO n/a Total Appropriations $0 . $0 nJa 13 Collier County 1 6 I 1 I Pelican Bay Services Division Irrigation and Landscaping System Analysis Schedule of tine Item Cu.parison 05/04 Total Dollar FIscal Y""r Increase Percentage 2005 2004 (Decrease ) Change Revenue Canyforward $319,100 $503,]00 ($1&4.000) -36.57"~ Interest Income $2.200 $800 $1,400 175.~.. State Matching Funds (Grant) $0 $0 $0 nJa Interfund Transf= (Fund Ill) $0 $0 $0 nJa Assessment or Ad-Valorem Tax Levy $442,100 5150,200 $291.900 194.3.\% Total Revenue 5763,400 5654,100 5109,300 16.7]% Appropriations Projections Penonal Services $0 $0 $0 Ilia Administntion: Indirect Cost Reimbwsements $0 $0 $0 nla Other Contractual Services $0 $0 $0 nla Telephone - Service Contracts $0 $0 $0 nla Telephone - Direct Line $0 $0 $0 nla Postage. Freight & Ups $0 $0 $0 nJa Rent - Buildmgs $0 $0 $0 ilia Rent - Equipment $0 SO $0 nJa Insurance - General $0 $0 SO nJa Direct Client Services - L T $0 $0 $0 nJa Pnnung or Binding - OutsIde Vendors $0 SO $0 nia Legal Advertising $0 $0 $0 ilia Cledcs Recording Fees. Etc $0 $0 $0 nJa Office Supplies - General $0 $0 SO Ilia Other Training & EducatIOnal Exp $0 $0 $0 llI.a Other Operaung SupplIes $0 $0 $0 ilia Field Services: Engmeenng $0 $0 $0 IVa Plan RevIew Fees $0 $0 $0 nJa Other Contractual SefVIces $0 $0 $0 lVa Berm & Swale Mamtenance $0 $0 $0 nJa Water Use Charges $0 $0 $0 nJa Replanting Program $0 $0 $0 lVa Trash & Dumpster """" $0 $0 $0 lVa Water Quahty T esllng SO $0 $0 n'a Insurance - Vemcles $0 $0 $0 lVa Insurance - General SO $0 $0 ilia Electncity $0 $0 $0 nla FertIlizers, PestIcIdes SO $0 Sf) nJa Spnnkler System Mamt $0 $0 SO lVa Mulch Reqwrements $0 SO SO lVa EqUIpment Rental SO SO So rua l.icenses and Penmts $0 $0 $0 nia Repalrs & Mamtenance $0 $0 $0 nla Mmor OperatIng Supplies $0 $0 SO IVa Employee Umtorms SO $0 $11 Il'a ()ther ()peratmg SupplIes $0 $0 $11 Ilia Capital Outlay $717,.100 $638.500 $78,9(~) 12.360'0 Security Personal ServiCes $0 $0 $0 o.a ()ther Contractual SeTVtces $0 $0 SII n/a Other Chal'1!eslFea ExpendJture Reserve $0 $0 $0 rua Tax Collector $13,700 $4,600 $9,100 19783% Property AppraIser $9,000 $3,100 $5.9(1) 1903200 Revenue Reserve $23,300 $7,900 $15,.100 19494.... Total Appropriations 5763.400 5654,100 5109,300 16.71"10 14 Pelican Bay Services Division 161 Proposed Fiscal Year 2005 Budget - Summary of Capital Projects Clam Bay Restoration Program - Funded by Collier County Engineering/Consultant Services Other Contractual Services Water Quality Testing Repairs & Maintenance Minotr aerating Equipment Other Operating Suppllies Clam Bay Restoration Program - Funded by PBSD Engineering Beach Renourishment Construction of Interior Tidal Channels Clam Bay Plantings Community Master Plan West, Crayton Road & Laurel Oak Drive Irrigation Improvements Glenview Drive, North Pointe Drive, Hammock Oak Drive and Greentree Drive Irrigation Improvements TOTAL CAPITAL PROJECTS 15 1. $110,700 $109,600 $2,700 $900 $1,000 $12,000 $236,900 $80,000 $840,000 $250,000 $300 $1,170,300 $56,000 $280,600 $380,800 $2,124,600 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations & Maintenance Engineering (320-183800-631400-511001) Management Report The Clam Bay Monitoring Program includes biological, water quality and hydrographic analysis with reports prepared for each that are submitted to the regulatory agencies as required by the Clam Bay Restoration and Management Plan, These fees are being budgeted for overall analysis of these various reports by multiple consultants, Findings of these analyses will be developed into an Annual Management Report used as a tool to determine the most effective environmental approach to proceed with the Clam Bay Program, Biological Monitoring These engineering fees are budgeted to coordinate biological monitoring of the Clam Bay System, analyze the data and compile an Annual Report to be submitted to the regulatory agencies, This monitoring will determine the long term status ofthe biological condition of Clam Bay, to include the monitoring ofseagrasses and wetland plants including mangroves on an annual basis. The distribution, abundance and the condition of the plants shall be monitored. This ground monitoring will be performed in conjunction with an aerial photograph of the area, In addition, the monitoring of exotic plant species will be monitored and managed so that the percentage is kept below 1%. Hard bottom Monitoring These funds are lor the monitoring of the olT-shore hard bottom adjacent to the Clam Pass Park Beach, Water Quality Report These engineering tees are being budgeted to analyze and prepare an Annual Report to be submitted to the regulatory agencies on the water quality analysis performed in the Clam Bay System, Hydrographic Monitoring These engineering tees are being budgeted to coordinate, analyze and prepare the data to be included in the Annual Report lor hydrographic monitoring required in the Clam Bay Restoration and Management Plan, This monitoring will evaluate the tidal flows withIn the Clam Bay System as a result of the dredging. Included in the program are four recording tide gauges and tide staff gauges positioned throughout the Clam Bay System and five water level gauges located in the Mangrove Forest. Also, tidal flow readings shall be recorded in the tidal creeks and the Seagate Culverts to determine velocities and volumes of water being exchanged. As part of this monitoring, survey cross sections shall be performed in the dredged channels to determine ifany silting ofthe channels has occurred and if maintenance dredging is required, 16 161 $26,300 $32.000 $320() $350() $45.700 I' $110.700 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: aam Bay Operations & Maintenance Other Contractual Services (320-183800-634999-511001) Contract Labor It is proposed to use in-house staff to perform the monitoring and data collection for the Clam Bay Monitoring Programs, To supplement the staff time estimated for the monitoring program, funds are being budgeted for temporary labor equal to the cost of staff hours, Below is the estimated staff cost for the monitoring programs, Pro~m Salinity Monitoring Biological Monitoring Water Quality Analysis Hydrographic Monitoring Staff Cost SI,SOO $600 SSOO S9.500 S12.100 Total Exotic/Invasive Plant Control Program It is proposed that a maintenance program be implemented to control exotic plant material and nuisance plant material within the Clam Bay System, Cattail Maintenance These funds are budgeted for harvesting approximately one third of dead cattails foliage on an annual basis, Aerial Photography The annual cost for aerial photographs of the Clam Bay System used to assess vegetation conditions as part of the Biological Monitoring Program. Interior Channel Maintenance It is proposed that a maintenance program be implemented for the cleaning of the Clam Bay Interior Channels, There are approximately 20,000 L.F. of channels of which it is estimated 2S% will require maintenance as field identified, Water Quality Testing Program (320-183800-634255-511001) A water quality program wiIl be performed to monitor various parameters determining the nutrient loading ofthe Clam Bay System. This program includes the testing from eight locations, four along the Pelican Bay Berm and four within the Clam Bay System, Currently seven of these sample points are tested as part of the water quality testing for the Water Manage- ment System, The costs presented here are for the additional samples not presently collected in Upper Clam Bay, 17 161 S12.100 S24,000 $SO,OOO S3.500 S20,000 1.,' SI09,600 $2,700 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations & Maintenance Parameter Temperature pH Conductivity Dissolved Oxygen Salinity Ammonia Nitrites Ortho-phosphate TDS Total Phosphorus Silica TKN Nitrates TOC ChlorophyIl-a Pheophyton Yearly Quantitv 36 36 36 36 36 36 12 36 36 36 12 36 36 12 12 12 Unit Price In-house In-house In-house In-house In-house $8,00 $7.00 $6,00 $7.00 $10,00 $6,00 $15,00 $7,00 $12,00 $14.00 $15.00 TOTAL Repairs & Maintenance - (320-183800-646970-511001) Salinity Recorder $600 Portable Flow Meter $300 Sub-T otal: $900 Minor Operating Equipment (320-183800-652910-511001) Other Operating Supplies (320-183800-652990-511001) Misc. Supplies & Cattail Plantings Materials for Yards and Neighborhoods Clam Bay Improvement Program (183805) Engineering (320-183805-63 1400-511051) Restoration Consultant Services The Clam Bay monitoring program includes biological, water quality and hydrographic analysis which is performed on an annual basis. Findings ofthese analyses are developed into an Annual Management Report used to identitY any potential improvements in the restoration of the Clam Bay System, The fees being requested arc tor the consultant services necessary tor these improvements, Also. included is 520 hours tor biologist time to assist statTin the Clam Bay Restoration Program, 18 Total Cost N/A N/A N/A N/A NJA $300 $100 $200 $300 $400 $100 $500 $300 $100 $200 $200 52,700 $7.000 $5.000 $80.000 161 1 $900 $1.000 $12.000 $120.000 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Improvement Program Pelican Bay Beach Renourishment This funding will allow PBSD to participate in the permitting process with Collier County which will give the Pelican Bay community a cost effective option for beach renourishment. Other Contractual Services (32()"183805-634999-511051) Pelican Bay Beach Renourishment These fees are the renourishment of Pelican Bay Beaches from the Contessa south to approximately 1,500 feet south of the Sandpiper Beach Facility, TDC will fund the beach renourishment from the Contessa north to the Ritz Carlton. Interior Tidal Channels Fees are being budgeted for the contractual services necessary for the construction of the Interior Tidal Channels, Clam Bay Plantings These fees are for Mangrove replanting within the Clam Bay System, 19 161 $40,000 $800.000 $250,000 $300 1 f $1,050.300 Collier County Pelican Bay Services Division 161 1 Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Other Fees and Charges: Tax Collector: (320-959050-930700) $37.900 Fees are based on Fiscal Year 2005 assessments to be collected. The Tax Collector charges three (3) percent ofthe assessments collected. Property Appraiser (320-959050-930600) $25.000 Fees are based on Fiscal Year 2005 assessments levied. The Property Appraiser charges two percent (2%) of the amount levied, Revenue Reserve (320-919010-489900) $64.500 The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues. which will cover discounts and non-payment of assessments, Total Other Fees & Cha~es: $127.400 Total Appnlpriations: $1.534.600 20 ~-^",,,,,,,,,,,,--,,-,,-~,,"",,,,,",,---------~""~~'_.""""""'"_."-------,-,.~.,--~ CoUier County Pelican Bay Services Division 161 l,~ , Operating Budget Fiscal Year 2005 Capital Projects Fund Irrigation System and Community Landscaping Improvements Appropriation Analysis: Capital Projects - Irrigation Sytem, Community Landscaping Community Master Plan Engineering (322-183825-631400-511231) $56,000 These fees are being budgeted for engineering services to develop the Community Master Plan & future capital funding West, Crayton Road & Laurel Oak Drive Improvements (Project No. 51128) Engineering (322-183825-631400-511281) $2,800 These fees are being budgeted for an Irrigation Design Engineer and Landscape Architect for the implementation of the proposed improvements to the West Blvd., Crayton Road & Laurel Oak Drive irrigation systems. Other Contractual Services (322-183825-634999-511281) $224,100 These fees are for contractor services required for the construction of the landscaping and irrigation improvements along West Blvd, Crayton Road and Laurel Oak Drive, Contract Labor: $19.100 It is proposed to use in-house stafTto perform the installation of the right-of-way landscaping along West Blvd., Crayton Road & Laurel Oak Drive. To supplement the estimated staff time tor these improvements, funds are being budgeted for temporary labor equal to the cost of the staff hours. Irrigation Installation Services: $205.000 These services are for installation of the irrigation system for the improvements within West Blvd" Crayton Road and Laurel Oak Drive. Landscape Materials (322-183825-634254-511281) $30.500 These fees are for plant materials required for the irrigation and landscape improvements within the West Blvd., Crayton Road and Laurel Oak Drive rights-ot:way, Sod Trees & Ornamentals $10.000 $20.500 Mukh Requirements (322-183825-646320-511281) $6.000 These fees are for mulch requirements in all landscape capital improvement areas. Other Operating Supplies (3n-I8382~52990-511281) $17200 These fees are for supplies required for the construction of the irrigation and landscape improvements within the West Blvd., Crayton Road and Laurel Oak Drive rights-of-way, Irrigation Parts $17200 T olal Operating Supplies $17200 21 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 161 Capital Projects Fund Irrigation System and Community Landscaping Improvements Appropriation Analysis: Gleoview Drive, Northpointe Drive, Hammock Oak Drive & GRentree Drive Inigation Improvements Engineering (322-183825-631400-511291) These fees are being budgeted for an Irrigation Design Engineer and Landscape Architect for the implementation of the proposed improvements to the Glenview Drive, Northpointe Drive, Hammock; Oak Drive and Grcentree Drive irrigation systems, Other Contractual Services (322-183825-634999-511291) These fees are for contractor services required for the construction of the landscaping and irrigation improvements along Glenview Drive, Northpointe Drive. Hammock Oak Drive and Greentree Drive. Contract Labor: It is proposed to use in-house staff to perform the installation of the right-of-way landscape along Glenview Drive, Northpointe Drive, Hammock Oak Drive and Greentree Drive. To supplement the estimated staff time for these improvements, funds are being budgeted for temporary labor equal to the cost of the stair hours, Irrigation Installation Services: These services are for installation of the irrigation system for the improvements within the G1enview Drive, Northpointe Drive, Hammock Oak Drive and Greentree Drive Irrigation Systems, Landscape Materials (322-183825-634254-511291) These fees are for plant materials required for the irrigation and landscape improvements within the above outlined rights-of-way, Sod Trees & Ornamentals $1 LOOO $38.000 Mulch Requirements (322-183825-646320-511291) These fees are for mulch requirements in all landscape capital improvement areas, Other Operating Supplies (322-183825-652990-511291) These tees are for supplies required for the construction of the irrigation and landscape improvements within the above outlined rights-of-way, Irrigation Parts $26.300 $26.300 Total Operating Supplies 22 $32.000 $260,000 I' 4 $3.500 $292.000 $49.000 $10.000 $26.300 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fuad Irrigation System and Community Landsalping Improvements Appropriation Analysis: Other Fees and Charges: Tax Collector: (322-959050-930700) Fees are based on Fiscal Year 2005 assessments to be collected. 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'~ Fiala Halas Henning Coyle Coletta NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB- COMMITTEE AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, APRIL 28,2004 AT 1:00 P.M. AGENDA 1 , Roll Call 2, Approval of Minutes of the March 3, 2004 Meeting 3. Beach Renourishment 4. Interior Channels - Update on construction, maintenance and system wide channel identification 5, Water Quality Testing Program 6, Kevin Erwin Report 7, Clam Bay Budget - Staff will provide an outline of the Proposed Fiscal Year 2005 Clam Bay Budget 8, Audience Participation 9, Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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" ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING, t.,':"f~. ;C3: C~.~ lUX\ f::>. n C, To: c o (~ c c " ... .., t, .y CLAM BAY SUB-COMMITTEE MINUTES - March 3, 2004 Naples, Florida .~ J \ 1. LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, March 3, 2004 at 10:00 A.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr, M" James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: Six (6) Pelican Bay residents; Ms. Kara Cave and Mr. Tim Hall, Turrell & Associates; Mr. Robert Bittner, Director of Golf Course Operations, The Club at Pelican Bay; Mr. Jay Levitt, Chairman of the Course and Greens Committee and Member of the Board of Governors, The Club at Pelican Bay; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2, Approval of Minutes of the October 1.2003 Meeting 3" Beach Renourishment - Status and TDC Funding Application 4" Canail Area Restoration Plan 5, Interior Channels - Identification of all proposed channels 6. Hydrographic Model - Discuss 7, The Club at Pelican Bay- Presentation 8. Riley Encasement Data 9, Audience Participation 10. Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROV AL OF MINUTES OF THE OCTOBER 1. 2003 MEETING Mr, Burke asked, ''Will there be a County Permit which provides beach renourishment to 1,500 feet south of the Sandpiper"? Mr. Roellig replied. "Correct". Mr" Burke asked, "The TDC funding only covers the renourishment to approximately 1,500 feet south of the Ritz Carlton Hotel and do we pick up the balance of the cost"? Mr. Roellig replied, ''That is correct"" Mr, Werner moved, seconded by Mr. Burke and approved unanimously, the Minutes of the October 1, 2003 Meeting, 326 Clam Say Sub-Cummittee March 3. 2004 161 1. THE CLUB AT PELICAN BAY - PRESENTATION Mr, Werner introduced Mr. Jay Levitt. Chairman of the Course ana Gleens Committee and a member of the Board of Governors of The Club at Pelican Bay ana Mr, Rooef1 Bittner, :he Director of Golf Course Operations for The Club at Pelican Bay, Mr, Bittner 'las been inVItee to make a presentation to this Sub-committee because there was some question as to what practices the golf course used with regard to fertilization and pesticide use" Mr. Bittner stated. 'This presentation was put together over the past coupie of days ane to provide a little background. my Senior Assistant, Sam Mueller, has a degree In Natural Sc:ence in Turf Grass from Western Kentucky and is a very qualified ASSistant. My Second Assistant, Curtis Hoffmann. attended the University of Minnesota and Edison Community College in their Turf Grass Program. I have been at The Club at Pelican Bay for twenty-five years and staf1ea my employment with them right out of college. I have a Bachelor of Science Degree In HortiCUlture and I am a Certified Golf Course Superintendent. For those of you who don't know, only approximately 10%-12% of all Superintendents' are certified, I have a certification n EnVironmental Management and was in the first twenty in the Nation to receive that certlficat:on. The Pelican Bay golf course IS a member of Audubon International. which IS one of the guidelmes that we use for managing the golf course. along with the Best Management Practices for Go:f Courses. Mr. Bittner continued. "Mr, Ron Dodson who heads Audubon Internatlon<11 was the ,eaa person With National Audubon and In the mid 1980's and he felt It was better to work '.vltn 90:i courses and developments rather than be like National Auaubon and against all aeveiopment' Mr, Dodson tried to convince the National Audubon Board to work With golf courses. which they did not want to conSider and he separated from them and started Audubon Internalional. Audubon International works with golf courses and developers to try to Improve maintenance practices and to be more enVIronmentally friendly" The Auduoon Program consists of SiX different areas. One area :s Outreach and Education and another IS EnVironmental Planning, The C:uo at Pelican Bay IS certlfiea In EnVironmental Planning, Other areas are Wiiallfe anc Clam Bay Sub-Committee March 3. 2004 ~ Habitat. ChemIcal Use and Reduction; Water Conservation and Water Quality. of wI1icM"he.Club ~ at Pelican Bay is certified in both. The areas overlap somewhat and with regard to the Outreach and Education area, the Club approaches that through things such as talking with the community about our golf course programs. At The Club, there is a bulletin board as you enter the locker rooms that have the golf course information and maintenance practices available. During the summer we host Junior Golf Clinics and hand out brochures that talk about wildlife on the golf course" There is more to golf than just hitting the little white golf ball; it is an outdoor experience and there is wildlife involved with it. Mr. Bittner stated, 'We do newspaper articles for the golf course and an Annual Audubon Presentation". We also do wildlife tours on the golf course in the early mornings, We leave snag trees on the golf course for predatory birds and Woodpeckers and place a sign on the tree explaining its' use. The Outreach and Education Program is very important to us and we should receive certification in that area this year. We are certified in Environmental Planning. This contains a lot of different areas and for general information the areas are the golf course being private, general information about the golf course, number of golf holes, how many of rounds of golf played, when it was built, information about the staff, the management context, residential neighbors around the course, what the expectations are, playing conditions, landscape information and types of grasses on the course. On our course we have Bermuda grass, which is a drought tolerant grass that grows well in Florida during the warm months with the different types of landscape on the golf course being native plants. Supplemental structures on the golf course for wildlife would be everything from twenty-five birdhouses varying in size for different size birds to building brush piles on the golf course, as a habitat for rabbits and other rodents. There are ten to twelve bird feeders around the course to furnish food for the birds. There is a plant and wildlife inventory where we know what kind of birds and mammals are on the golf course, Mr. Bittner stated, 'We do have an advisory committee which is part of the Education and Outreach Committee", It is stressed that we understand wildlife needs and identifying habitats on the golf course, whether it be Palmettos, wetlands, etc. We plant native and flowering plants to produce nectar for hummingbirds and butterflies" There are trees and bushes planted that 328 Clam Say Sub-Committee March 3. 2004 16' 14 prOduce berries for wildlife curing the 'Nlnter, The Tree Management Program covers everytr, ,e;; from planting to maintaining trees. Planting grasses on the prairie areas [s Jone to enhance wildlife habitat for our wildlife and birds" We only have one 'iv6tland on :he gOlf course and \.'16 make sure that we keep that maintained by removing undesirable species from that location. In a joint effort with the Pelican Bay Services Division we plant and maintain aquatic plants. In some areas riprap has been used to control erosion problems" Buffer strips were placed along the lakes to stop debris from being carried into the lakes" We are working on the Brazilian Pepper and Maleleuca tree removal every year to keep them off of the goif course, Mr. Bittner continued, "There are areas on the golf course that I think are out of play sometime, but are actually not out of play", We take the areas that are out of play and allow the grass to grow to a height of SIX Inches and mow it once a month instead of \Vee~iy, Again, this ;s habitat for other animals, Mr. Bittner continued, "For chemical use and reduction we follow all OSHA regulations and have the data sheets available for all staff, labels available for everybody and make sure the label IS the law. What the label tells you what to do and you do not spray over that rate. We have videos and monthly safety meetings for all employees. The Club at Pelican Bay has licensee employees and supervisors, My spray techs are licensed and they receive an Increase In pav when they secure their license, All of my assistants, as well as myself. are licensed In pestlclee application, Mr, Bittner stated. "A lot of things go into Integrated Pest Management \IPM)", I am very aggressive In cultural practices during the summer. This Includes everything, Including the heign: of the cut of the grass and plants, plant selection to make sure we plant the right plants In the right areas and how we control the Irrigation, We have a computerized Irrigation system. wh:cn was Installed in 1989 and updated in 1999, We use controlled release fertilizers and do SOil tests of every area of the golf course tWice a year. From that I know what the grass and pants need, proVide them what they need and I do not over fertilize, We do tissue testing on the grass anc plants several times a year to determine the needs of the plants, so that we apply the rrgr: :Jroduc:s Thalcn controls also {] cUltural practice in maintaining a healthv tun grass. Scou:r-:; ''''0 Clam Bay Sub-Committee March 3, 2004 16\ 1. threshold levels of the golf course is also another practice. If I see one worm on the golf course, I am not going to spray the entire golf course" I have thresholds and when we reach those thresholds we take action. We do a lot of spot spraying and we have someone spraying everyday. He may carry five different products with him and if he sees something in a specific area he may spray it and it may be only half as big as this table, We do preventive treatment where you anticipate what is going to happen" Part of chemical use and reduction is the maintenance facility, The Club has allowed me to keep up with any OSHA issues that we have within the State with regard to mix loading, etc, Our Mix Load facility was a part of a State Grant. Back in the mid 1990's the State was trying to figure out how to build mix load facilities where chemicals, pesticides and fertilizers are mixed, We designed a facility, submitted it to the State and got a grant that covered approximately one-third of the costs to build this facility. Our agreement with the State was that I had to provide tours of the facility and provide yearly reports of things we did right and wrong at the facility" We are still working on that and it has been great. The chemical storage and separated fertilizer area that is contained is also a part of that. Originally there were fuel tanks located in-ground which were approximately ten years old that were pulled from the ground and we now store our fuel above ground. Last but not least, is where we wash the equipment. We have a designated wash pad where all of the water is collected and treated prior to being released into the sanitary sewer system. Mr. Bittner stated, 'Water conservation was one of the first areas that The Club was certified in". Part of the goal is to make sure that we installed and maintained our irrigation system so that it operates efficiently" The irrigation system that was put in the ground during 1979 was updated in 1999. For all of the lake banks partial heads were installed, which places all of the water back onto the golf course" The same is true with the native areas and the buffer areas, so you are not putting water in unneeded areas. Our system is very efficient. We always water at night unless there is a product that has been put down that has to be watered before play such as a wetting agent that has to be watered into the soil. We have one full time person and another person who works part time and all that they do is check irrigation everyday to make sure things are kept in adjustment. We do a lot of hand watering because we have some areas 330 Clam Say Sub-Committee March 3, 2004 /' I 11 ,:) j that are hydrophobic and just will not taKe water. Another goai is to eliminate ,-,nnecessary water use, We have a weather station that was installed in 1989 that :s monitored caliy, This statlor provides us with the wind temperatures, etc" and we use that to compute the amount of water :0 put on the golf course that night. There are rain switches In three aifferent areas of the gOlf course that will shut down the irrigation system on those areas that receive rain. Going back to Cultural Practices, which includes maximizing water infiltration and everything from aeration to vertical mowing to the use of wetting agents, which help water penetrate into the soil. The wetting agents actually make water wetter. Proper fertilization practices and traffic control is very important and saves wear and tear on the golf course" Mr. Bittner continued. "Water quality; the water shed from U.S. 41 to Seagate Dnve to Vanderbilt Beach and parts of Pine Ridge also drain through Pelican Bay", The golf course drains everything from what IS called "the Pelican Bay Loop", Everything that comes off the roaa comes through the golf course lakes. We have erosion control issues and keep plants on lake banks where we can. We use riprap In areas where we cannot use aquatic plants and we try to keep turf grass growing to the edge of the water to keep erosion on the lake banks to a minlmurr and eliminating chemical run off and drift. We have the buffer edge round the lakes ana conSider this a limited spray zone and only treat those areas when absolutely necessary, Use of fertlgation, Fertigation is the use of liquid fertilizer through the Irrigation system. which IS a very effiCient way to apply It. There IS very little loss with fengatlon, We use controlled release fertilizers, Fertilizers vary In cost dramatically, You can buy fertilizer for S6,OO a bag or you can buy It for S20.00 a bag and you get what you pay for. The $6.00 bag goes Into the SOil and Into the environment nght now, The controlled release fertilizers can last up to SIX weeks. We use a lot of controlled release fertilizers on the golf course. We try not to throw fertilizer Into any lakes or native areas where It is not needed, We actually use walk-spreaders around the lakes ana buffer areas to keep fertilizers out of those areas. Mr, Bittner stated. "Our mix load facility is a state-of-the-art faCility, as IS our chemica, storage and fuel areas". To reduce chemical Input into the lake ana areas of the golf course we plant 'nanv aquatic plants,.vnlch helPsn ,1utrlent uptake, '/lie 'lave 'nsta,:ea aerators anc ~ " I Clam Bay Sub-Committee March 3, 2004 16-lU- diffusers. There are presently two aerators, or fountains as a better term, on the golf course and we have installed diffusers in nine or ten lakes on the golf course. Our plan is to install more diffusers to help water quality" A diffuser is a machine that sits on the floor of the lake and produces bubbles to keep the water turned up, We have also begun, as part of our Audubon certification, monitoring the water on the golf course and checking water, when it is pumped and before it leaves the course, for oxygen, nitrogen and phosphorous, Several golf courses in the Naples area are involved with the Audubon Program, however nationwide it is not big at this time, There is an Audubon Program for homeowners and if there is the desire I can obtain a speaker and information on the program, which they call "Backyard Program for Homeowners". Audubon has also started a community program and the first program done was in Eufaula, Alabama. The program was started in Eufaula, Alabama because they wanted to prove that it did not take a lot of money to become Audubon certified. My understanding is that it has been very successful. A couple of communities in this area are working on the program, but presently there is not a certified community within the State of Florida" This is something that Pelican Bay might be interested in and if so I can provide you the names and numbers of the required contacts. Mr, Bittner stated, "I have a book that was provided to me by one of my vendors called "Best Management Practices For Protecting Water Resources in Florida". I have copies in my office if there is any interest for them, Mr. Werner stated. "If I heard you correctly, you said that when you washed the equipment, the runoff goes into the sanitary sewer, not the storm water sewer"" Mr. Bittner replied, 'We treat the water and then it is released into the sanitary sewer". Mr. Ward replied, "It is the storm water system". Mr" Bittner stated, "No. it goes into the sanitary sewer system", It is not being released into the water management system. Years ago it was" Any new golf courses being built are built with a wash rack facility whereby they are containing the water and reusing it or they have secured permits to discharge it. I was required to secure a permit from the County and prove that I was cleaning the water before I could discharge it into the sanitary sewer. Mr, Werner stated. "You referred several times to the "Mix Load Facility", What is that? J~2 Clam Bay Sub-Committee Marcn 3. 2004 16-1-1. Mr, Bittner repliea, "The 'Mix Load Facility" is a room about the size of thiS room where the spray equipment IS storea", When a product needs appliea to the !JoII course. ;t IS pourea l: into the rig where there is overhead water that comes in and pumps ;nto ,he tanK. We mix the chemicals on this pad, which is epoxied and impervious to anything, It also has a sump system where if there is a mistake the product can be taken off of the floor and pumped into the spray equipment and applied to the golf course" If I had a 300-gallon sprayer that \vould fracture ana dump 300 gallons on the floor I have the ability to pick it up and put it bacK into the sprayer without polluting the environment. Mr. Roellig stated, "You mentioned that you do water quality testing", Do you test for pesticides and herbicides? Mr. Bittner replied. ''No, it is dissolved oxygen and some nutrients. but not pesticides", Mr, Domenie stated, "You mentioned that you have containment and above grouna storage for fuel", What sort of protection do you have in place In case of a hurricane or flooding as far as chemicals and pesticides are concerned? Mr. Bittner replied, ''The buildings were bUilt to meet county Caae for being hUrricane proof", Flooding IS an issue and you can't keep water out of a building, but they were built to meet the hurricane standard codes, Mr. Gage asked. 'Would you share your readings of the various phospnates. nitrates. ete, that you take on a regular baSIS with this group or its' consultants"? Mr, Bittner replied. "Yes", We started the program last year so there 'S very limited data In that area and we were Just certified In that area. Mr. Gage asked, "Can you tell us what you used when you killea all of the grass ana redid the area"? Mr. Bittner replied. ''The product we used was Round-up with Glypnosate, whlcn is d proauct that will kill any green vegetation", Mr, Gage asked, 'Was there any special permits reqUired for the use of that chemical'''' Mr. Bittner replied. "No", , , ~ . , , Clam Bay Sub-Committee March 3. 2004 16\ 1. Mr. Domenie asked, "How many outlets do you have from your lakes into other lakes or that feed directly into the mangroves"? Mr, Bittner replied, 'We have one which is located across from the Commons"" There is another outlet located by Interlachen and one by Pebble Creek, Mr. Werner stated. "As I understand it, all the lakes in Pelican Bay are connected and are part of the storm water management system, except for two which are located at The Club and used for irrigation purposes". Mr" Bittner stated. "It used to be two lakes but after the remodeling it was reduced to one lake"" The lake is contained for effluent on the golf course, Mr. Domenie stated, 'With the recent rains, some of those lakes really grew and held back some of the water that would have ordinarily run off into the mangroves". Mr. Bittner replied, "The golf course contains a lot of areas that are water management areas and are made to flood". Mr. Ward stated, "A significant piece of the golf course is a retention area for the water management system". We actually control the water levels on the course with our weir structures located on the back berm. Mr. Werner stated, "Some of the material that grows to approximately six inches tall around the lake is used to trap materials but it also a pain to locate your golf ball in", Mr. Bittner replied. 'That is one of the issues we have fought with", Those areas have been put in and taken out and they are back now, but that area does trap debris from going into the lake" If we get a heavy rain after fertilization that area would trap that fertilizer from going into the water. Every morning at 5:30 AM I have the weather on before I come to work trying to avoid any mistakes that could cause problems with fertilizers or pesticides" I monitor the weather very closely. Mr. Werner stated, 'When you read the Naples Daily News you think that every golf course in the area uses tremendous amounts of water, fertilizers and pesticides and do not care what happens as a result of that overuse," I know that is not the case in Pelican Bay, but I 334 Clam Bay Sub-Committee March 3. 2004 ,~ \ ~. q wanted somebody to explain It to you, Mr. Bittner, I appreCiate your 'Jrlrlgmg Mr. Levitt to :~e meeting with you. Mr, Bittner stated, "Golf courses are big targets ana a majomv or the clubs are concernec about the environment and try to do what is best", I know we at The C:uo are very concernea about the environment. BEACH RENOURISHMENT - STATUS AND TDC FUNDING APPLICATION Mr" Roellig stated, "I believe you have all seen the TOC Application", The County :s looking for sponsors for the various shorelines in Collier County and they have a Grant Application to go in for TOC Funds, The TOC Funds will cover the area that IS approved by the Funding Policy that was approved by the Board of County Commissioners. For our area that policy covers from Vanderbilt Beach Road south to the approximate location of the Contessa condominium. For the remaining section, down to R-37, which IS about 1,500 feet south of tr.e Sandpiper. we are tentatively looking at funding approximately $700.000, We are not looking to renourish south of that location because we do not want to have sand so close to the pass that i: would pose as a threat to suddenly close the pass. There is a Significant area both north ana south of the pass that will not be renourlshed, but sand will migrate there from the south and from the Clam Bay side, Mr, Werner stated. "On the second page of the Application under "Program Element" t says State of FlOrida share $345,000 may be funded", Does that come out of TOC Funds or our funds? Mr. Roellig replied. "TOC funds", At the present time we are In the County's budget for this year. The schedule is stili to award a contract and get started after turtle nesting season, The largest possible hang up is the permit. which has been under conSideration by the State ana Federal government for a few months now. and they have had comments and responses gOing back and forth. It is hard to say exactly when we Will be assured of gelting the permit. but If we don't get the permit soon enough. thiS project Will be moved Into next year, A Significant amourt of the cost IS mobilization of the equipment to do the renourishment and you dont want to have to pav the mobilization more than once, , , - , ," Clam Bay Sub-Committee March 3. 2004 161 1. Mr. Roellig stated, "You may have read in the paper about the County being concerned that there was not enough TOC money to do this renourishment"" I was on the Sub-committee of the Coastal Advisory Committee and we met with County staff. The TDC has approximately $10,000,000 in reserves and they have approximately $10,000,000 in projects for this current year that are not going to be utilized. The renourishment project is going to cost approximately $13,000,000 for all of Collier County and it appears that the County will have the money in hand. The way the contract is proposed to be worded, the County will advertise and make the award subject to appropriation, hopefully in September, with the likelihood that the appropriation would be available from the County Commission at the beginning of the next Fiscal Year, which would presumably do the Pelican Bay portion. Mr. Oomenie asked, "The public has access via the Registry Hotel and will sand be placed on that beach"? Mr. Roellig replied, "No". Whatever sand is placed on that beach will presumably not be placed any further north than the Seagate beach to avoid that sand washing into the pass". Mr. Oomenie stated, "For the first time I have noticed exposed roots in front of the Sandpiper", I have seen it in other sections, but they removed them when the Ritz Carlton was built. Mr. Roellig stated. "Our shoreline is stable, but there is some long term erosion in that area and this renourishment will go a long way towards alleviating that"" The final design has not been finalized because it is part of the permit negotiation. We do have a lot of hard bottom off shore and it is imperative that we don't get sand on the hard bottom. The design should be completed in approximately two months. Mr. Burke stated, "The taxing district's share is $700,000", Is that the figure we are kicking around at the Budget Sub-committee? Mr. Roellig replied. "Yes. it is and the last time we talked they were anticipating a 20% contingency on top of that figure". Mr. Burke asked, "Would that money be spent in the next budget year"? Mr, Roellig replied. "Yes, during Fiscal Year 2005". 336 Clam Bay Sub-Committee March 3, 2004 " i' , 10 16 Mr, Burke asked, "Weren't they tossing arouna the figure of SI,SOO,COC at one time"; Mr, Oomenle repilea, "$1,700,000, but that was over a ten year aer:ca' Mr. Werner statea, "In the first blush the $1,700,000 was put I.'lTO Fiscal Year 2005 and Mr, Roellig tried to point out that was not right". Do we need a motion to put this funding before the Board? Mr" Ward replied, "No, the funding was handled at the last meeting and I will be putting that number in the next iteration of the Step II Plan for the Budget Sub-committee, which will not happen for another couple of weeks", Mr. Werner stated, "Do you need a motion from the Clam Bay Sub-committee"? Mr" Ward relied, ''That is probably a good idea", I remember Mr, Sutphin Indicating that whatever numbers are recommended for inclusion in the budget for Clam Bay should come from this Sub-committee. Mr. Werner moved, seconded by Mr. Burke and approved unanimously, that $700,000 plus a 20% contingency be included in the Fiscal Year 2005 Budget for beach renourishment. If the County does not get their permit this project funding will disappear and we will not do it on our own, Mr. Werner stated, "We have another application which shows the taxing district With costs of $33,500", Is that the usual reimbursement from the County? Mr. Ward replied, "Ves, from the County's General Fund", The total cost of the program IS $43.500 and $10,000 of that program comes from TOC, with the balance from the County's General Fund. Usually you do not even see that TOC application. but we did them at the same time so I thought I would send them both to this Sub-committee. CATTAIL AREA RESTORATION PLAN Mr. Hall explained. 'At the Annual Report Presentation we had made a recommendation and options to come up With a solution or course of action for the cattail area', Originally we haa thought that the idea of slmDly capping it with a layer of fill would be cost effective and have the least amount of impact for t'le reSidents. However, once we recelvea the survey information ana .~~7 tol .ta Clam Bay Sub-Committee March 3. 2004 reviewed the consistency of the underlying soils and priced the work, we figured that stabilizing the underlying material in order to support that cap would have added a tremendous cost to the project. What we are reviewing now is actually going in and removing the muck. Removing the fluid and nasty surface that is not supporting the vegetation and re-contouring the swale into a more meandering type channel with an actual shoreline and different slopes. We would then fill in the remainder of the area behind it. That would be done in a series of progressions. The equipment would use the berm as their roadway to go out and build a series of T-groins where sand could be delivered for placement and then be filled up with muck on the other side of the ''T". That would open that channel and provide more open water areas and wider views" That would also reduce the cost of the fill that we would have to bring back in. The water levels are very low on that side of the berm. We would propose deepening the channel so that there would be more open water, with less large areas of mud exposed at any given time. By filling in behind it we would establish a base to support the vegetation that we want to plant. The vegetation component would be similar to what is already in place near the north tram station. The plantings in that area are doing very well. Mr. Hall stated, "The blue areas are the areas that we feel would be most appropriate for having the open water", Some are located near the existing tram stations where people would have that view while waiting for the trams" It also is the areas where the distance between the berm and the mangroves is the widest and you have some of the softest areas according to the cross-sections, The back page is a cross-sectional view showing where the existing ground level is. The bottom shows where we would go below the existing ground level to create the open water area and where we would actually fill at or above the existing ground level with the good material to bring out that mangrove shelf to establish the more diverse plantings. Both of those areas appear to be good, while not completely keeping out the cattails, they do not promote the rapid growth that we see in the other areas where you just have the soft mud layer, Mr. Roellig stated. "There is not too much information as to the benefits that we would derive, other than possible aesthetic values", I am not sure how much this is really going to do for the mangroves. 3~8 Clam Bay Sub-Committee March 3. 2004 161 1 Mr. Hall repliea.'From that standpoint, by converting the system ana Increasing the diversity of the plants rather than having just the cattails" different ;:>Iants take up different nutrients at different rates". You would get a broader spectrum of nutrient uptake and by creating the bigger open water areas you get greater water storage capabilities on that Side of the berm. which would help in times of high water. It is also going to open the area and provide more shoreline and foraging habitat for local wildlife" In addition to the aesthetics, you get those four other benefits as well. Mr. Roellig asked, "You are not doing any work in the north two acres, :s that correct"? Mr. Hall replied, "On the north two sections where we already have the plantings, we would not be doing any work", We would be doing some work on the area In front of that section, between where we planted and the berm" We would be dredging that dead area, leaving some of it as open water and filling some others to bring that shelf out for more plantlngs, Mr. Domenie asked. ''What would prevent cattails from coming back If we do this"? Mr. Hall replied, "For one thing, the different elevations and also the different soil types", Mr. Domenie stated. "I am talking about in the water itself", Mr. Hall replied. "The water Will be deeper than it is right now" You Will notice where the water IS deeper the cattails are not growing, The open water IS gOing to help. I don't believe that we are going to be able to completely eliminate the cattails, but we will be able to get them to the pOint where they are not growing faster than what we can control. Mr, Ward stated, "Hopefully you will be able to tell us that we won't have any cattalis" Mr, Hall replied. "The seed sources are there". The seeds Will even blow In. Mr. Ward asked. ''Why are the seed sources there"? We have removed cattails throughout the system and thiS IS the only place in Pelican Bay where they are located". Mr. Werner stated, "They are located on the other Side of the berm", Mr, Ward replied" "Very few". Mr, Hall stated. '" believe that when we do this we will definitely have them under control" Mr. Werner stated. When the cattails are young they are good because they take up nutrients" ~,l) Clam Bay Sub-Committee March 3, 2004 161 1 ~~ Mr. Hall stated, "Yes, the new growth is very rapid and they remove a lot of nutrients from the system". Mr" Werner asked, "As the cattails mature they are a net contributor and put more back in than they take out, is that right"? Mr. Hall replied, ''Their uptake slows down as they mature and then their leaf matter drops and they become contributors"" On top of that they grow so thick that they prevent light penetration into the water, which then means that the nutrient cycle and the breakdown of what they are contributing slows down or stops" Mr. Werner stated, "At one time we were going to handle that by removing one-third of the older cattails every year at a cost of approximately $38,000 a year". Mr. Hall replied, "Yes, it was going to cost approximately $40,000 a year". Mr. Werner stated, ''The next step was the capping method with soil and plants and now you are telling us that the bottom won't support that method". That was going to cost approximately $250,000, Mr. Hall replied, "Our initial estimate for the filling was $250,000, but when we got the surveys and the soil tests, that cost went up because we would have essentially had to put in a wall to keep the bottom material from squishing out"" Mr. Werner stated, "Is it correct that we now want to remove the muck and place more fill in there, which will cost approximately $1 ,800,000"? Mr" Hall replied, "Right, based on the prices that we have received so far", Mr" Werner stated, "I am shocked". Mr. Roellig stated, "I believe we need more alternatives"" My personal view is that we are talking about 12-14 acres, at a cost of $150,000 per acre. Mr. Werner stated, "My interpretation, and I know you Flave your reasons, but it sounds to me as if we are doing this for aesthetics", Mr. Ward replied, "We are and I think it should be really clear that from the first day that we started, the issue was how to get rid of the cattails and this was the answer two years ago", We tried to come up alternatives that would solve that rather large financial burden, but the issue 340 Clam Bay Sub-Committee March 3. 2004 161 I. really is that we have gotten ana continue to get a mynad of complaims aDou: the look oi this area" There is a limited amount oi benefit to the overall restoration of the C:arr: Bay System ,n general, but this is an issue that appears to be of great importance to the community in terms oi the aesthetics. Unfortunately. that falls on the four of you to deal with, but it IS a big expense" Mr. Roellig asked, "Are people generally favorable with the operation at the northern two acres"? It looks good to me, but that is my personal opinion" Mr. Ward replied, "Unfortunately, I am not so sure ecosystem restoration falls in line with what people's aesthetic expectations are", I think it looks good from an ecosystem restoration perspective. but from an aesthetic perspective it is ugly. I didn't like the xeriscape in Oakmont twenty years ago, but now I think it looks great. It is the perception of what time wiil do for you in these ecosystem restorations that I think is important. We get complaints about that area because of its' aesthetic look and not its' ecosystem restoration benefits, Mr, Burke asked, "When we went in there and did the initial cattail removal and re- sprayed. wasn't the initial outcry that the seasonal high rise people came back and said. 'Where IS my greenery"? Mr. Ward replied. "right", Mr, Burke asked. What If we Just left the cattails alone"? What IS the worse case scenario? Mr. Domenle replied. 'The onglnal plan was to remove the cattails on a rotation baSIS ana let them come back again", That plan was estimated to cost $40.000 per year, Mr, Ward stated, "The seed source In that location IS huge" The cattails Will green up and die out periodically. I don't know if they are stressed at the moment. but a few weeks ago they were sufficiently stressed due to salt water getting Into that area, They Will look good ana they will look bad, but they will never go away because they nave died over the years and Wlil continue to grow and you are Just never gOing to get rid of that seed source. unless you actually go In an excavate it. Mr, Roellig stated. The seed source couid actually be coming from Pine Ridge', '-+ I Clam Bay Sub-Committee March 3,2004 161 1 Mr. Hall stated, "You could get the seeds from anywhere, but right now there is a tremendous seed bank in the swale". Mr. Roellig stated, "It has been said that the seeds can remain viable for ten to fifteen years" , Mr. Hall stated, "Depending on conditions, cattail seeds can remain viable from seven to fifteen years". Mr. Ward stated, "A good example is on the golf course", In the early days we had cattails in the lake system on the golf course and everyone loved them and thought they were great. The bottom line is that today they are gone and have been gone for a number of years because of the efforts of both the golf course and the Division in terms of the maintenance of that system. I believe this is one of the remaining areas of cattails that we have to deal with, Mr" Hall stated, "If we don't do anything it will continue to look as it does right now". Mr. Roellig asked, "Cattails are not evergreen, do they have a die off period throughout the year"? Mr. Hall replied, "Yes, but it is not so apparent here as it is in northern climates"" In most places cattails freeze back to the root and then grow out. Here you will have things growing year round. You will have areas that die off and I guess the biggest negative, in my opinion, is the longer they stay out there the less wildlife you will see utilizing those areas because there is no room for them. Mr. Burke asked. "'s that the harm they would do to the system"? Mr. Hall replied, "They will reduce wildlife and eventually reach a point where they could potentially start reducing water quality". Mr. Domenie stated. "I talked to Mr. Lukasz a week or ten days ago because I was noticing the browning of the cattails". I wanted to know if this browning was due to weather. a normal life cycle or was salt water coming into the system. You seem to indicate that there might be some salt water and if so did you take any salinity tests? Mr. Lukasz replied. "Last week, before we received all of the rain in one day, I had some readings of 20% and 8%-9%", 342 Clam Bay Sub-Committee March 3, 2004 161 Ii Mr" Domenie stated, 'That is more than sufficient to kill the cattaJis Mr. Lukasz statea. "As of yesterday we still had some salinity out :Jas between 6%- 80/0", Mr. Hall stated, "It is parts per thousand". Mr. Domenie asked, "Have you looked at Humiston & Moore's recommendation about cutting new channels"? Humiston & Moore anticipate a possibility of increasing the water level in Upper Clam Bay and the berm by six inches. If we bring six inches more water Into that area at high tide and that contains salt. won't that kill off the cattails? Mr. Hall replied, "If we do start getting more saltwater up into that area it could definitely kill the cattails", Mr. Domenie stated, "What is your solution if we don't do anything ana 'Ne would go with Humiston & Moore's recommendation"? Would that kill off the cattails and if so, Nhat would your recommendation be? Mr, Hall replied, "Humiston & Moore is estimating that they may be able to get six inches of water depth in that area. but they have not been able to test any of the models to see If that would actually occur", Mr. Domenie asked, "Should we wait until we get that"? Mr, Hall replied, '" don't have a problem if the Board wants to walt", I was asked to come up with a solution based on the number of complaints that have been arising over the past two years, Maybe you don't hear It as much. but the issue comes up frequentlyn the Foundation meeting. The residents do not like the appearance of the area, Mr. Werner asked, "What did it look like before"? Mr, Hall replied. "It looked very similar to what it does now" I do thinK that the actual channel has filled in and is not as deep as It was because of that build up, There IS not as much of an open water component as there used to be, The channel is shallower and in some areas there are mangroves that have grown Into it and In other areas where cattails have grown into it. Mr. Ward asked. "Are you talking about the spreader swale along the berm"? Mr, Hall replied, "Yes", _~-l-_~ Clam Bay Sub-Committee March 3, 2004 l6J 1 Mr. Roellig asked, "I believe we are looking at the possibility of another option of perhaps cleaning that area without going out into the cattails". Mr. Ward stated, "If you go back to what we talked about a couple of years ago, even if Humiston & Moore solves the problem in their mind, all you are going to do is get salinity up there and then you are going to have a fourteen acre dead area". The area will be full of salt water and the cattails will be tall and dead, instead of sometimes green and sometimes not green" You still have the problem. We said years ago that as we get water into that area, there is the potential that the cattails would be stressed and die, The Humiston & Moore issue sort of exacerbates the existing problem that you have out there. Mr. Werner stated, "Based on past experience, J would rather be reactive than proactive in this situation". Mr. Roellig replied, "I would tend to agree"" This would be the maximum effort and even that is not a sure thing" I don't know if the Sub-committee wants to look at some additional options. Mr. Burke asked, "They cannot be left alone, they have to be managed some how, right"? Mr. Roellig replied, "You always have a no action alternative". You have no action or other alternatives of spending up to $2.000,000 to be the maximum". Mr" Burke stated, "I think it is a great plan and something I understood, but the outcry was overwhelming"" It was aesthetic, right? Mr. Ward replied. "It has always been aesthetic"" Mr, Roellig stated, "These are relatively new buildings"" Some of us that have been around for a while appreciate the panic that occurred back in 1992, Anything would be preferable to losing all of the mangroves" We now have that under some reasonable control and it is now new owners who did not experience the panic in 1992. Mr" Domenie stated. "I would imagine that there is a considerable mobilization cost associated wit this program", Will the trucks filled with muck going over the berm and culverts cause damage to the berm? 344 Clam Bay Sub-Committee March 3" 2004 .161 1. Mr, Hall replied, "The culverts will support the trucks, but there IS some 'Nork that would have to be done and all of those COSts have been Included. as well as restoratIOn of the berm, when the work is done", Mr, Domenie stated, "There is no sense in making a test area because of the mobilization costs, is that right"? If we don't do anything what do you propose doing with that area? Mr" Hall replied, "We planted that area and most of that matenal is doing well", We did not plant the front half because it was simply too soft. That is the one place we are still maintaining and keeping the cattails sprayed. Mr. Domenie asked, 'What do you propose doing there"? Would cattails grow there now? Mr. Hall replied, "Yes, if we stopped spraying, the cattaJls would take over that area again", Instead of mud it would be cattaJls. Mr. Werner stated. "A couple of years ago there was a suggestion that we make the berm area look like a park and plant some trees and there was a public outcry", This is a natural area. Mr, Domenie stated, "Are leather fern a danger to mangroves growing or seedlings dropping"? Mr. Hall replied, "No, the mangroves Will still regenerate and grow up through the leather fern". Mr. Roellig asked, "What is the deSire of the Sub-committee"? Do 'Ne want Turrell & Associates to look at other alternatives? Mr, Domenie stated, "The only alternative that I can see IS If we dig it all out we save the money of bnnging in fresh dirt and then you would just have a beautiful pona" Mr. Hall replied, "You would have open water", The problem IS that I don't believe that we could get that permitted through the regulatory agencies. . Mr, Domenie asked, "Mr. Hall. do you feel you can get permitting to dig It out and then bnng In fresh soil"? Mr, Hail replied, "Yes. that is a restoration program ana we would be restoring the native habitat that was there prior to the cattails' ~-+:" Clam Bay Sub-Committee March 3. 2004 161 Ii Mrs. Estelle Fishbind, 'What was the native habitat"? Mr. Hall replied, "According to the old permits and documentation that we saw, a lot of Clam Bay was a scrub habitat that came down into a bay forest". You still see the remnant of that bay forest on the east side of the berm, You will see Bay trees, Oaks, palmettos, etc, on the east side of the berm" On the west side of the berm between the bays and the mangrove there was a Spartina and Juncus marsh and there was also some reference to Sawgrass, That was the three dominant species in that area. It was a more brackish or saltwater dominated community than freshwater. The contributions of the increased freshwater flow, because of the way the water management system was set up and the increased nutrients that are present in that water, have been what has pushed the system into the cattail dominated community that we have today, Mrs" Fishbind asked. "If you look at the experience of other communities along the Gulf Coast, are there any other communities that have had this problem of cattails and if so, how have those communities managed the problem? Do we have experience from other areas that would be beneficial in evaluating this course of action? Mr. Hall replied, ''The biggest project ongoing right now is the Everglades Restoration Program where they are looking at several thousands of acres". The biggest goal in the Everglades is nutrient reduction" They feel they can help the Sawgrass community re-establish itself by reducing nutrient loading and reintroducing a fire regime, Sawgrass does better if it burns periodically, Cattails are being planted in a filter marsh with a harvesting plan for so that they will have ongoing uptake, That is for water coming out of the east coast into the conservation area" Mr" Frank Mathews stated, "In reading the ten year plan, the major content regarding the mangroves is restoring the tidal flow into the upper bay area, which would bring in salinity that would kill the cattails". That is right in the original ten-year plan" The salinity is now coming back and if somebody says we can get it back then we are carrying out the basic essence of the plan" The idea that the cattails are bring killed off by saltwater would be the same problem, It doesn't make sense; once the cattails are gone other things will come in there. Maybe even if you don't 346 Clam Bay Sub-Committee March 3, 2004 161 1 plant it the good things will come back In. If salinity is coming back that should to be thG~gnt about very carefully. Mr. Hall replied, "It definitely is starting to come back, especially where some of 'he channels have been dug", It is a timing issue" We were asked to look at what we could co to make it better right now" Mr, Ward stated, "I am not sure I understood what Mr" Mathews said, but the salinity coming into the cattail area will kill them and what you will end up with is a tall fourteen acre brown area"" When we went in and treated them and everyone was up in arms about the appearance that is exactly what they will look like if we get the salinity up into that area, Mr. Mathews stated, "The point is that they will deteriorate if they are not taken out and nothing will come back except other plants", Mr. Ward replied, "That will take years". Mr. Mathews replied, "Then you plant it", Mr, Ward replied, "Which is what you can't do", Mr. Hall replied, "That is the Issue we have right now in that you can't plant it because the stability of the soil will not support other plants". Mr. Roellig stated, "In my opinion I don't think we want to go with this plan", I don't believe It is worth the costs involved and I am not sure of the outcome. I am not sure if we want to look for other options" Mr. Ward replied, "Unless Mr, Hall tells me otherwise, I think we are exhausted in terms of alternatives". I see three alternatives. With this being number one, Number two was the one we currently have which IS a one-third removal on a yearly baSIS to the extent of approximately $50.000, Option three is what we started with, which IS a subset of that and that IS that we remove all of the cattails and try to keep them out of the system, Those are the three options that we had on the table. The S50,000 operation is the only one that we are aware of at this pOint. Mr. Hall explained, "When we stopped spraying we estimated that approximately three years from when we stopped we would need to start harvesting the cattails and that would be next year", .~47 Clam Bay Sub-Committee March 3, 2004 lb\ 1. Mr. Werner stated, "My point in being reactive instead of proactive is to see if salinity gets in there to kill them". Mr. Ward replied, "I agree". Mr" Burke asked, "Is it right that the original channels from three years ago never really worked"? Mr" Hall replied, "No, those are the channels that are bringing in the salinity right now", Mr. Roellig asked, "Do we need a motion to move down that path"? Mr. Werner stated, "I don't think we have to recommend anything". Mr, Roellig stated, 'We have to eventually talk about the Fiscal Year 2005 budget"" Mr" Ward stated, "In my perspective this is leading up to where Mr. Sutphin is headed with his Fiscal Year 2005 Budget", He was looking for a recommendation from this Sub- committee as to what to include in the Fiscal Year 2005 Budget for this cattail area. Mr. Ward asked, "If nothing else has happened do you plan to start taking out the cattails in October"? Mr. Hall replied, "Right". I want to make you aware that the Foundation has hired Mr. Kevin Irwin who is an Ecologist based in Fort Myers, to look at the cattail area and provide his recommendations on potential options. They are looking at what is happening on the east side of the berm as far as water levels, nutrient loading, etc. They are looking at this for issues that may be contributing to the cattails in addition to the cattail area itself. I don't know what recommendations are going to come out of that. We were asked to provide some background information to them, which we have done. It is all information that is publicly available and part of our Annual Monitoring Report. There is nothing that is going out that they couldn't get otherwise and we are just making it easier for them" Mr. Domenie asked, "Are they working only east of the berm or are they looking west of the berm also"? Mr, Hall replied. "They are looking at both sides of the berm"" Mr, Ward stated, "The only difficulty is the fact that from what I understood the information request was. that they are taking all of the data that the Division has accumulated 348 Clam Bay Sub-Committee March 3, 2004 6' over however many years, including all of Turrell & Associates recommendations, and they are going to recover that in a report by Mr. Irwin and feed it back to the Founcatlon", All of that information is information that we have. I just want to make sure that the DivIsion does not get caught, I know what the recommendation is going to be" Mr. Hall stated, "The first recommendation was why don't you go in and spray them"? We gave them a little background on that and they are re-examining that recommendation. Mr. Ward stated, "I have known Mr, Irwin for a number of years. but what he is going to recommend to the Foundation is everything that you have talked about and what Turrell & Associates have presented to you over the years", It is their information, their documentation, their recommendations, but just coming from another individual. Mr, Werner stated, "I don't want this to be a reflection on your or your proposals, but I have problems in recommending our spending $1,800,000". Mr. Hall stated, "I understand and I am not taking it personal", I was asked to give you some options and this was the one that we felt met all of the criteria that we were given. One of the criteria was that it be something that we were able to get permItted by the agencies, Other criterion was that it would not harm the mangrove system or the water quality within Clam Bay and would not have adverse impacts to the pass. Whether or not you follow through with the option, I will still continue to recommend that management of the cattail area IS going to have to be maintained in order to maintain water quality. If we would do absolutely nothing that would be my biggest concern" Mr. Domenie stated, "Our job is to filter the information to the full Board. but I would still like to have the full Board receive a copy of this so that they are aware of options", Mr. Werner stated, "That Will be included in Mr, Roellig's report thiS afternoon". Mr, Roellig stated, "In Fiscal Year 2005 we can do a small test section" Mr. Werner stated, "What Mr, Ward indicated is that if we chose to do nothing, hiS plan would be to go ahead and do one-third removal" I understand that cost to be S40,000-$50,000, _~-+9 Clam Bay Sub-Committee March 3. 2004 16J 1. Mr. Werner moved, seconded by Mr, Domenle and approved unanimously that we recommend to the Pelican Bay Services Division Board that we Include money In the Fiscal Year 2005 Budget for removal of one-third of the cattails per year at an amount of $50,000. Mr. Domenie asked. 'When you say remove one-third, are you going to take a third of one area or are you going to make twenty sixty-foot cuts"? Mr. Hall replied, 'We can spread it ouf. One of the things that I considered was that we could do the back half and you would only see it one out of the three years, The other two years it would be hidden behind others. We will spread it out and do a field check in those areas to target the areas we feel as the most dense. Mr. Domenie stated, "I would not like to see one-third of the berm suddenly be denuded"" Mr. Hall replied, "I would not either". Mr. Domenie asked, 'What have we decided to do with the muck area at the north berm"? Are you going to continue spraying or are you going to permit cattails to grow there now? Mr. Hall replied, "My recommendation would be to continue the spraying program in that area, at least until we see if we start getting more consistent salinity measurements there", If the salinity measurements get consistently over a value of 10 parts per thousand, then I would recommend stopping the spray program to see if the cattail regeneration was hampered by that salinity. INTERIOR CHANNELS -IDENTIFICATION OF ALL PROPOSED CHANNELS Mr. Ward stated, ''There has been tremendous success in the restoration effort with Mr" Lewis' channel cuts and as a result of the Annual Meeting we had asked Mr. Hall and Mr. Lewis to perform field surveys to come up with the overall recommended program for all of the flushing cuts that needed to go into Clam Bay," As you may recall a few years ago we did this on an incremental basis because we did not know how successful we were going to be with it. Now that it has been a huge success, we need to see what the ultimate locations and costs are to do 350 Clam Bay Sub-Committee March 3. 2004 1.6 \ 11 all of that. That is what I have asked them to prepare for you today, I know that was somewnat aggressive and I don't know if that has been completed or not. Mr. Hall replied. "There was some confusion between our office and Mr. LewIs' office' They have started and are implementing the phase of channel marking and construction that we have budgeted for this year, under what is currently funded, We are also going to have Mr. Lewis start with marking the additional channels that we would need for the remainder of the phases throughout the system, basically all of the channels that we need. I have not yet received a number from him to finish that project. Mr. Domenie stated, "We have money in the budget for that in any case", Mr. Ward replied, "No, that is for this year". Mr, Hall replied, "This year's work is funded and we thought we could get them started during this dry season". Mr" Ward stated, "The flushing cuts for this year are being done", The issue is what does the future program need to be and the cost of that program? Mr" Hall stated. ''The major issue is what is the funding needed for the construction of the remaining channels"? That is what we are trying to get a handle on and we should have that by your next meeting. HYDROGRAPHIC MODEL - DISCUSS Mr. Roellig stated. "Humiston and Moore is looking at using the model to identify some scenarios for additional channel work", They are looking at a cost of $28.000, In my view we have the model and I believe we have the money this year, I believe it would be prudent to nave the model run to see what the affect would be of digging the maximum number of channels, We could then look at other alternatives down the road" Mr. Ward stated, "I tend to have a simple mind when it comes to these kinds of things and I certainly kin this to the Seagate Culvert disaster", The better question IS. is It ever going to get permitted? You are gomg to have an engineer design a series of Improvements to thiS system with the probability of it being permitted at zero, It IS not gomg to happen, I don't know ~." I Clam Bay Sub-Committee March 3, 2004 L~l 11 - where Humiston & Moore is going with this, but if we authorize them to do it somebody has to give them some direction to come up with a model that could get permitted. Mr. Hall stated, "That cost includes doing four or five different scenarios and twelve alternatives of where the cuts might be". The first run they would do is what would happen if we dug a straight channel from Clam Pass to the north end. That would never happen, but that will give us the maximum benefit that we could possibly achieve with that type of action, Mr. Ward stated, "I do not have a problem with that, but I am going to play devil's advocate with this"" I know what we did when we permitted this project, who cares? There is nothing you could ever do with that data that is going to make any difference whatsoever in this restoration. Why spend the money to do it? The first model that Mr. Hillestad and Mr, Tackney came up with did that and that model could not be permitted. They spent months and months with the regulatory agencies trying to permit something of that nature and it wasn't going anywhere" Mr" Werner asked, "Mr" Hall, is it your thought that some of the models where bends in channels would be straightened might be able to be permitted"? Mr. Hall replied, '" believe straightening those bends are going to be very difficult"" When you start digging those channels you are digging out mangroves trying to benefit mangroves and whether or not the benefits associated with that are viable. I think that it would be possible to permit widening or deepening existing channels, but we don't know whether or not the benefit we would receive would be worth the cost. I have recommended that at this point in time I would rather put that money towards activities that we know we are getting positive results from. mainly improving the flushing through the channels cuts in the system" Mr" Ward stated. "I will tell you that I don't recommend that you do it"" I don't believe any of this can be permitted, I do have a little experience with the 'permitting on the front side of this project and I just don't see this as a possible permitting option for you. It will provide you a lot of good data but what are you going to do with it? Mr. Roellig stated, "Can the model show the impact to the system once we get the channel plan"? 352 Clam Bay Sub-Committee March 3. 2004 1 () I ..:~ <'11. IIR.<l .n.,,<'.~ Mr. Hall replied, "By changing the flow patterns through the system, chat is what the model is designed to analyze". Mr. Roellig stated, "1 was talking about the interior channels", OnceNe get that detail from Mr" Lewis, is that incremental enough to show on the model? Mr" Hall replied, "The model basically dealt with open waters and the volume once it reaches that open water". The individual channels will not make that much difference to the model. The point that Mr" Lewis makes in his recommendation is that the channels we are digging right now are going to be an ongoing maintenance issue, If something in the line of permitting or increasing flushing in upper Clam Bay was possible, that could potentially reduce the amount of maintenance that you would need to do on those flushing cuts. Based on that, we did a cost estimate of what we thought it might cost to implement straightening out channels versus the maintenance costs and your payback was not until forty to fifty years down the line. Mr" Roellig stated, 'We have a model and can you think of any pOSSible uses we can make for that model in the near term"? Mr. Hall replied, "The things we are already used It for, mainly the potential to reconnect Vanderbilt Lagoon and moving storm water around from System IV to System III showed that neither one at those was a viable alternative", It nothing else, it saved you some money from going further down those roads, Mr. Werner stated, "Let's qUit chasing our tail", If it cannot be permitted why spend the money to find out what benefit it would be? Mr. Ward stated. "I would rather put the $28,000 into maintenance or some additional flushing cuts, than come up with a model that we will never do anything with", Mr. Roellig stated, 'We should probably get a Board position on that Issue' Mr" Ward replied. "I am not so sure the full Board is co'ncerned about that Issue". Mr. Werner asked. "Are you okay with that Mr" Hall"? Mr" Hall replied, "Yes, I would love to get that information to find out what that potential IS. but spending that money right now when we know there are other things it couid go for that we are seeing benefits from. does not make a lot of sense", ASide from additional channelS. the ~~~ 161 IIjj.".: " Clam Bay Sub-Committee March 3, 2004 other thing we had talked about was that the money could potentially be spent on increasing the water quality testing and adding a couple of parameters to some of the testing, Mr. Domenie stated, "I respect what you are saying, but we have spent so much money in the mangroves that at least getting this information might be useful", Who knows, there might be changes at the regulatory agency where somebody might say we have done so much already for the mangroves and if this is going to make it even better, we support your position. Mr. Ward, I respect that you do this all the time, but $28,000 is a drop in the bucket to what we have spent there so far and this might be something advisable to have. Mr. Werner stated, "You make the mistake of thinking that you are dealing with logical, cooperative people", As soon as you go to them it is adversarial, Mr. Hall stated, 'What we would get out of spending that money on the models is additional information". It may provide some alternatives to try, but trying to implement or permit those alternatives would be very difficult and very expensive, Mr. Burke asked, 'Would you submit all twelve alternatives for permitting"? Mr. Ward replied, "I haven't a clue as to what you would do with them"" Mr, Hall stated, "You would start with a straight channel and look at the alternatives to see how close or how far from that optimum you are". Mr" Ward stated, "They will all tell you that they will increase the hydrology in the north Cam Bay system and increase the salinity with the increased flushing", Yes, that is going to happen, but so what? Mr" Domenie asked. "If you get more water flowing in and out of the system will that help with the pass"? Mr" Ward replied, "Probably the answer to that is yes, but after that the answer is so what, you can't do it", Mr. Hall stated, "One of the issues we could run into is to say that we are speeding up the transport of water through there and could potentially increase the stability of the pass and get more flushing in upper Clam Bay", At that point EPA would step in and say now your water is going out faster, you have nutrient loading coming into it and now you are putting nutrients out 354 Clam Bay Sub-Committee March 3, 2004 161 1 into the Gulf and what are you going to do to treat your storm water to maintain status quo? While it may not be impossible. it may be very, very difficult. RILEY ENCASEMENT OAT A Mr, Roellig stated. 'While I have looked at the Riley Encasement data. I don't have any comments and will just accept his report as complete"" Mr. Ward stated, "This is the end of Mr, Riley's contract and the question is whether or not you want to continue the review process on a regular basis"? At this point the contract terminates as a matter of record. Mr" Domenie asked, 'What do we do, somebody has to eventually take out all of these pipes"? Mr. Ward replied, "Mr. Hall is going to do it", Mr. Lukasz will continue to monitor it and take them out as needed. Mr" Roellig stated, "I will report to the Board that we have accepted Mr, Riley's report and we will let nature take its' course", Mr, Hall stated, "On an immediate basis we can take out the pipes that have nothing growing in them", A lot of the pipes are already being hidden by the growth that is coming in around them" Mr. Burke asked. 'What was meant In the report when Mr. Riley said. "An unfortunate result of the trenching"? Mr. Ward replied. "That was one consultant taking a shot at another", AUDIENCE PARTICIPATION Mr, Jim Gage - "I was a little amazed to hear the golf course people say that they have been checking the water". Mr. Lukas replied. "Mr. Bittner is doing it as part of his Audubon Program". Mr. Ward replied. "We have been doing it for years". Mr. Gage replied. '" understand that", With the existing flushing channels. what is the maintenance program to keep them open? Is there a program ongoing this year that will keep those channels open? .'::;::; Clam Bay Sub-Committee March 3. 2004 16-' 1 Mr. Hall replied, 'We have the funding set aside and as part of the monitoring we do. we are also looking at the reduction of growth coming into the channels and are marked for maintenance" " Mr. Gage asked, "Is there a plan that shows the actual location of all of the channels"? Mr. Hall replied, "Yes". Mr" Gage asked. "Are you satisfied that this maintenance program is ongoing and will keep the channels open"? Mr. Roellig replied, ''The maintenance program was started a year or two ago and it is our intention to continue this program"" Mr. Gage stated, "It is my understanding that one of the design features of the area east of the berm was to have that area be a "settling pond". I walk the berm a lot and five years ago you could walk that berm from the north to the south and see clear water east of the berm with fish nesting and all types of wildlife" Today you very seldom see anything other than a frustrated, dirty Anhinga come up from trying to find a fish" If that is a settling pond. is there a long-term solution to clarify that area? Mr. Werner stated, "I don't know and I wish there were because I would like to use it on the golf course", The water on the golf course has gotten very dark over the past few years and it is tough to find your golf ball at times" Mr. Gage stated, ''The reasons the deterioration is taking place are many and I understand that and many are uncontrollable, but some of them are". I don't think we can just say that is the way it is. Something needs to be looked at to see if it is possible to restore that area or is it gone forever? Mr. Domenie stated. ''This is something where Mr. Hall has tried to convince various condominium associations to prevent runoff". Mr. Hall replied. "Mr. Gage's condominium was the first one that allowed us to come in and assess their programs", 356 161 1 Clam Bay Sub-Committee March 3, 2004 Mr. Roellig asked, "Are there some investigations that we need to do to identify the problem in order to come up with solutions"? It is an observation, but I am not sure where we go from here to determine why the area has changed. Mr" Hall replied, "From my standpoint some of the immediate issues is like where the Cap d'Antibes building site is located, they should have appropriate silt screening in place and maintained to keep runoff from running into that area". While they did put the silt screening up, we noticed yesterday that it has not been adequately maintained" When we get any rain it is just bypassing that screen and we have silt and runoff going directly from that construction site into the swale adjacent to the berm, Whether that is happening in other places I am not sure. Mr. Werner asked, 'What do we do about that"? We have just been notified, so now do we notify the County? Mr. Ward replied, "No, we pick up the phone and call the developer and ask them to fix it" . Mr. Hall stated, "Another recommendation is that the sooner they can replant that area the better", It is a bare bank right now. As the area gets closer to buIld-out you have more impervious surface and you have more and more water going through the lake system rather than percolating into the soil. Mr. Gage stated, "Mr. Hall at one time you told us there were certain types of vegetation that tended to lessen the phosphates and nitrates in our water", Is It possible that area east of the berm should be analyzed and surveyed to be sure those plants are there. Just walking by you can see all types of plants. Do you understand what I am saying? Mr. Hall replied, "I do". East of the berm is something that is more in Mr. Lukasz's realm", Mr. Ward stated, "Mr. Gage is making a good point", The spreader swale east of the berm and the easVwest swales never had anything planted in 'them. I really think as part of your discussions on "top tier" communities and how you move this community forward, that is going to be one of the discussions you have" Mr. Werner asked. "Don't we have spots east of the berm where we do water quality testing"? JS7 Clam Bay Sub-Committee March 3, 2004 161 1 Mr. Ward replied, "Yes"" Mr" Werner stated, "From what I can see they don't show a lot of deterioration in the water quality"" Mr. Ward replied, "Up near Mr. Gage's condominium we have had a consistent duckweed problem". Duckweed is a result of high nutrient loading in the area and is difficult to solve with plantings or chemical application. Mr. Domenie asked, "Isn't all of the area east of the berm privately owned"? Don't the condominiums own up to the berm? Mr. Ward replied, ''The land is owned by the various condominiums, but we actually have easement rights to go in and do what we need to do in most of that area"" Mr" Hall stated, "It appears that some of the condominiums do some additional activity out there"" I have seen plantings put in and taken out of some of those areas, Mr. Ward stated, 'We have done very little over the years, but it needs to be a focus that we deal with in the coming years". Mrs. Potter stated, 'We walk the berm every day"" I have seen the area around Cap d'Antibes and have wondered who is responsible. Mr. Domenie replied, "I guess it would be the Foundation". Mrs. Potter asked, "Is there somebody who monitors this area and whose responsibility it is to get it fixed at the first sign, instead of letting it go"? It has been that way for six months or longer. Is there no one to monitor it on a regular basis? Mr. Ward stated, ''This project is not my favorite subject", The answer is that as a part of the development review process, the County's Development Review Division has the responsibility to issue whatever permits and do whatever inspections are necessary for all projects, including Cap d'Antibes" How often that gets done and if there are code enforcement actions I cannot tell you, but the County Development Services Division can help you with that. Mrs. Potter asked. "Do you mean if I saw a bad area like that I should call the County's Development Services Division"? 358 Clam Bay Sub-Committee March 3, 2004 161 1. Mr. Ward replied, "That area is under development so it is within their auspices right now", I have not seen this, but I have purposely stayed away from Cap d'Antlbes, but I assume what you are telling me is that they have removed all of the exotic materials and have not planted anything back at this point in time. Mr. Hall replied, "Right, they have removed all of the exotics". Mr. Ward stated, 'With regard to the exotic removal issue, generally that is required as part of the permit for the project itself", The reinstallation of materials is probably not required to be done until much later in the construction process, generally towards Certificate of Occupancy time. I don't know how long that building will be in construction. but that is generally when it is accomplished. Mrs" Potter stated, "That means there is a year or longer when erosion can go right into the water". Mr. Ward stated, "The silt screen area is something that can be corrected right away and as soon as we find out about it we call the developer or the County and ask them to get it corrected"" Mrs. Potter replied, "It has been looking like that for six months", You mean during all this time all one had to do was to call you and you would take care of it? Mr. Ward replied, "For the silt area, yes", Mr" Gage asked, "00 I understand that this Sub-committee IS going to ask the Division to analyze the existing plantings along the east side of the berm and be sure that all of them are active as far as reducing or at least mitigating the nutrients in the water"? Can we have such a program started? Mr. Ward replied. "I am not so sure I heard that", We have not done that in the past and what I have indicated to the Board is that if they want to do tha.t it takes some thought in terms of putting a program in place and some thought on specifically how to do that. That was not in the cards. so to speak" ].')9 Clam Bay Sub-Committee March 3, 2004 161 1 Mr. Gage stated, "An old Chinese verse says, "The longest journey begins with a single step"" My step is to get you to say that this is something you would like to do, figure out the cost and get it done. Mr. Burke stated, "After thinking about the "top tier" community image that we are working towards, this appears to fall right into line with that idea", These are the kinds of issues that should be addressed. Mr. Roellig stated, "That needs to be investigated and the various condominiums along the berm have various treatments in that area", I realize we have an easement, but we don't approve their plantings. Mr, Ward replied, 'We do not"" Mr. Domenie stated, "I felt it would be the Foundation, if anybody, that would be able to enforce something like that"" Mr, Ward stated, "You only have the problem in System III and IV and more IV than III". The south end of the community is very nice. Mr. Werner stated, "I think it makes a lot of sense". A lot of times it takes a long while to get that single step moving forward and we want to make sure we don't go backwards. Let's give that some real thought. Mr. Ward stated, "The budget is coming up anyway and that should be an operating issue and not necessarily have to move beyond that". I am not sure how to address it, but I will think about a way to do it. Dr. Charles Walton - President of the Mangrove Action Group - 'We have a lot of suggestions about every single item you have mentioned today". I want to introduce Mr" Frank Mathews and Mr. Frank Partee. Mr. Mathews has done a report on water quality and he would like to make some comments about that. Mr, Partee is wanting to say something along the lines of what you have just been talking about in the discussion of nutrient loading covered under the Yards and Neighborhoods aspect that was built into the ten year plan" The tape did not pick up the comments of Mr. Mathews or Mr. Partee, but copies of the articles provided to the Clam Bay Sub-committee have been made a part of these Minutes. 360 Clam Bay Sub-Committee March 3. 2004 161 1~ ADJOURN There being no further business the meeting adjourned at 12:15 P ,M" Mr. David Roellig, Chairman _~() I 161 1 AN ASSESSMENT OF THE WILSON-MILLER WATER QUALITY SAMPLING UPDA TE REPORT NO 4 FOR THE SAMPLE PERIOD JUNE 2002 TO JUNE 2003 This report appears to be simply an annual update of sampling data presented in the same fonnat as used previously, and this format appears to be satisfuctory to the county and state agencies receiving it. However, (and only if it would not rock the boat) we would like to recommend a change in the format for future reports in order to increase their value to us at the local level. · Smoothly drawn computer generated curves tend to mask rather than reveal the significance of the new data. Individual data points need to be plotted along with their associated error flags. Readers of the report should be able to observe immediately from the graphs the time interval between data points, the maximum contaminant level (MCL) and the scatter in the data. (It should not be necessary for report readers to have to go and examine the raw data on file in the MSTBU office in order to determine these.) · It would be very beneficial if the consultants would divulge more of their interpretive thinking with regards to the significance of the experimental values: If a data point is suspect because of "possible" equipment problems it would help to know that the measurement in question was indeed traced to equipment failure, that the equipment was then repaired and that the measurement was then repeated. If an MCL is not quantitative but is expressed as "In no case shall the nutrient concentration be altered to cause an imbalance in natural populations", then any change in a measurement in the deleterious direction needs to be defended as still satisfactory by offering evidence that the natural population is not undergoing "imbalance". Ifa variable is suspected of having a large seasonal variation, then evidence needs to be provided showing that the sampling periodicity is frequent enough to catch the maximum and minimum excursions. · No evidence is presented to suggest that the measurements were synchronized with the tides, In this estuarine environment where flow offresh water is essentially unidirectional while that of the salt water is bidirectional, ambiguity relative to tidal cycles will seriously jumble the data. In an estuary during tidal inflow, the less dense freshwater flows outward on top of the incoming salt water and the intruding saltwater forms a wedge or tidal prism which narrows with increasing distance in from the pass. I do not believe there are any data which show the extent and variability of this wedge. It would certainly help in understanding phenomena such as the cat-tail persistence ifwe had a more clear picture of tidal wedge behavior. We recommend that the water quality observations be synchronized with the tidal periodicity, MAGIFSM 03/03/04 file C:\mag4.\^,"pd 362 161 1.1 THE NEED FOR A NE\V STUDY IN THE PELICAN BAY ESTUARINE SYSTEM The support in the ten-year plan for the activities of~ and Nei~hborhoods is seeing fruition in the increased community awareness of the potential hazards associated with excessive use of detergents, fertilizers. pesticides and herbicides. MAG wishes to propose to the Clam Pass Subcommittee ofMSTBU that a water testing program be established. separate from and in addition to the existing water testing mandated in the state permitting documents. The mangroves in the Pelican Bay estuarine system are the jewel in the Pelican Bay crown, Their continued health must be a Number One priority. Even though the present system of drainage cuts appears to have arrested and most probably reversed the die-off, there are still nagging signs that some stress still remains, The painstakingly slow recovery of sea-grasses after dredging, the undesirable filamentary algae on large portions of the bottom and in a number of the drainage cuts, the numerous galls and borer holes in many of the mangroves throughout the system are all danger signals attesting to the system's precarious health. Tn addition to the unavoidable chemically enhanced run-off entering across our Eastern Boundary. the large number of homes and business establishments in the Pelican Bay area itself are bound to have an additional chemical impact on the waters entering our estuary, The significant amounts of pesticides. herbicides. fertilizers and detergents entering our run-off waters COULD be contributing to the "fouling of our own nest". The problem is that we really do not know, We have a reasonably good handle on those parameters normally associated with fertilizer or detergent pollution. and they are not particularly encouraging. but we know NOmING about concentrations of herbicides and pesticides. the very chemicals most likely to affect our estuarine Hora and tauna. We desperately need a carefully established set of baseline data which we can use when observing any future trends. particularly if things should turn sour at some future date, Establishing a baseline now would show tremendous foresight. We recommend that a study be funded to first identifY those herbicides and pesticides being used in the Pelican Bay runoff area and to then set up a monitoring program Lo test the estuarine waters for these chemicals at regular intervals. The study will require two phases, An initial phase with very frequent but variable sampling rates should be followed by a second phase with a fixed sampling interval once the scatter, variability and episode correlation have been determined. At u minimum. sampling points should be located at the exits of Upper Clam Bay and Inner Clam Bay and in one of the channels collecting the flow from the drainage cuts. Sampling should be synchronized with the tides and should include some vertical profiling A meaningful baseline program could probably be established, with a sampling effort 01'200 samples per year at a cost of around $200.000 per year. Ideally it could be correlated with research activities of Florida Gulf Coast University, MAU/FSM 03/03/04 tile C:\magj,wpd 363 ~ " ~ _/\ !7"~. -..,:~~~. - '7- / ~ ----- 1 y---, r ~/ V TURRELL & Assb~lA ~s, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B . Naples, Florida 34104-3732. (239) 643-0166 . Fax (239) 643-6632 April 1, 2004 Jim Ward Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Dear Jim. We have coordinated with Robin Lewis' office regarding the flagging of new channels in the main die-offareaand updating the channel map to include all constructed channels. We are proposing to complete these tasks for a budget not to exceed $61,170,00. This includes $49,900.00 for personnel and $11.270,00 for expenses such as stakes, flagging, travel and per diem costs, This work can proceed immediately upon approval of the above budget proposal. COST BREAKDOWN: Personnel R. Lewis 40 nvh X $150 M. Marshall 300 mIh X $125 Technician 100 nvh X $50 Administration 40 nvh X $35 $6.000 $37.500 $5.000 $1.400 Expenses Per diem 50 days X $200 Stakes and flagging Mileage 3,000 miles X $0.29 $10.000 $400 $870 TOTAL $61,170 Sincerely, ~{'- C-v-<-- Kara Cave lJioiogisl 161 1 AN ASSESSMENT OF THE WILSON-MILLER WATER QUALITY SAMPLING UPDA TE REPORT NO 4 FOR THE SAMPLE PERIOD .ruNE 2002 TO .ruNE 2003 This report appears to be simply an annual update of sampling data presented in the same format as used previously, and this tormat appears to be satis:fu.ctory to the county and state agencies receiving it, However, (and only if it would not rock the boat) we would like to recommend a change in the format for future reports in order to increase their value to us at the local level. . Smoothly drawn computer generated curves tend to mask rather than reveal the significance of the new data. Individual data points need to be plotted along with their associated error flags. Readers of the report should be able to observe immediately from the graphs the time interval between data points, the maximum contaminant level (MCL) and the scatter in the data. (It should not be necessary for report readers to have to go and examine the raw data on fIle in the MSTBU office in order to determine these.) . It would be very beneficial if the consultants would divulge more of their interpretive thinking with regards to the significance of the experimental values: Ifa data point is suspect because of "possible" equipment problems it would help to know that the measurement in question was indeed traced to equipment failure, that the equipment was then repaired and that the measurement was then repeated. If an MCL is not quantitative but is expressed as "In no case shall the nutrient concentration be altered to cause an imbalance in natural populations", then any change in a measurement in the deleterious direction needs to be defended as still satisfactory by offering evidence that the natural population is not undergoing "imbalance", If a variable is suspected of having a large seasonal variation, then evidence needs to be provided showing that the sampling periodicity is frequent enough to catch the maximum and minimum excursions. . No evidence is presented to suggest that the measurements were synchronized with the tides. In this estuarine environment where flow of fresh water is essentially unidircctional while that of the salt water is bidircctional. ambiguity relative to tidal cycles will scriously jumble the data. In an estuary during tidal inflow, the less dense freshwater flows out\....ard on top of the incoming salt watcr and the intruding saltwater forms a wedge or tidal prism which narrows with incrcasing distance in from the pass. I do not believe thcre arc any data which show thc extcnt and variability of this wedge, It would certainly help in undcrstanding phenomena such as the cat-tail persistence if we had a more clear picture of tidal wedge behavior. We recommend that the water quality observations be synchronized with the tidal periodicitv. MAG/FSM 03/03/04- tih: C\mag-t. wpd 362 THE ;l!EED FOR _\ ;l!EW STUDY [N THE PELlC\N BAY El6J:'\E U:\I The suppon in the ten-year plan tor the activities of Yards and Neighborhoods ;s seeing fruition in the increased community awareness of the potential hazards associated \vith excessive use of detergents. fenilizers. pesticides and herbicides, MAG wishes to propose to th~ Clam Pass Subcommittee ofMSTBU that a water testing program be established. separate from and in addition to the existing water testing mandated in the state pennitting documents. The mangroves in the Pelican Bay estuarine system are the jewel in the Pelican Bay crown. Their continued health must be a Number One priority" Even though the present system of drainage curs appears to have arrested and most probably reversed the die-off. there are still nagging signs that some stress still remains. The painstakingly slow recovery of sea-grasses after dredging, the undesirable filamentary algae on large portions of the bottom and in a number of the drainage cuts. the numerous galls and borer holes in many of the mangroves throughout the system are all danger signals attesting to the system' s precarious health. Tn addition to the unavoidable chemically enhanced run-off entering :.lcross our Eastern Boundary. the large number of homes and business establishments in the Pelican Bay area itself are bound to have :.10 additional chemical impact on the waters entering our estuary, The signiticant amounts oj pesticides. herbicides. tenilizers and detergents entering our run-otTwaters COCLD be contributing to the "touling of our own nest", The problem is that we really Jo not know. W\: have a re~onably good handle on those parameters normally associated with I~rtilizer or detergent pollution. and they are not particularly encouraging. but we know ~Ol1IING about concentrations of herbicides and pesticides. the very chemicals most likely to atlcct our estuarine 110ra and taUlla. We desperately need a carefully established set of baseline data \vhich we CJn us..: when observing any tuture trends. particularly if things should turn sour at some luture date. Establishin~ a b~c1ine no\v would show tremendous toresight. ~ ~ We recommend that a study he lunded to tirst identif)' those herbicides and rcsticides being used in the Pelican Bay runo If area and to then set up a monitoring program to test the estuarine \\'Jters li)r these chemicals at regular intervals. The study will require two pha.ses, ,\n initial pha.'ie with very Irequent hut variable sampling rutes should be followed by a second phase with a lixed sampling interval once the scatter. variahility and episode correlation have been determined" .\t ,I minimum. sampling points should be located at the exits of Upper Clam [by ~U1d Inner Clam 13~I: and in one of the channels collecting the now trom the drainage cuts. Sampling should he synchronized with the tides and should include some vertical pro tiling :\ meaningful baseline program could prohably be established.\vith a sarnplil1~ crt()rt 01':00 samples per year at a cost of around $200.000 per year. Ideally it could be correlated \vith research activities ofFlonda Gulf Coast Universitv" \l\(;':FSi\ 1 ()J'()J/O-+ tile C :\mag5, wpd 3\'.3 Page 1 of 3 161 11 smith b From: Johandomenie@aol.com Sent: Thursday, March 11, 2004 3:08 PM To: smith_b Subject: Next PBSD Mangrove sub-committee meeting I sent the following e-mail to Tim Hall with copy to Jim Ward a few days ago asking that the subject be included in our next meeting. I would like to suggest that a copy of my memo (hereunder) be included in the packet to be delivered to our members - subject to Jim's OK" Quote" Tim: At the last Pelican Bay Services Division sub-committee meeting (or was it the regular meeting of the PBSD) Frank Matthews of the Mangove Action Group presented us with two memos: "The need for a new study in the PB Estuarine System", and "An Assessmen of the Wilson-Miller....,.."....,......." I would appreciate it if at the next meeting of the PBSD (Board or Sub-Committee) you would address these two memos which were distributed at the end and we were not given time to examine their content. I was happy to see somethin concrete come from the MAG - meaning some specific comments in writing which you can study and hopefully provide us with your comments. Let me jump around a bit about the first memo: Frank states that a sampling effort of 200 samples in one year to test for herbicides and pesticides would cost $200,000 - this means $1,000 per sampling - this to me - without any knowledge on the subject appears to be high" Is this a realistic cost estimate? And if we adopt such a program who would do the sampling and analysis for us? Secondly do we have ANY information from any source which might indicate whether pesticides or herbicides do any damage to the mangroves. If so what effect do these products have on the mangroves - does it kill them? Does it affect their life cycle? Does it affect the mangroves' ability to reproduce? After all we apply these products on grass and bushes - presumably to the benefit of the plant. Ofcourse I do not know how effective it is once it gets into the water supply, or how these chemicals react in a saline environment. Your comments would be greatly appreciated, What are the main ingredients (Chemicals) of these two products and do these chemicals (?) show up in any of the testing which we are already doing? Frank suggests that sampling points be located at the exits of Upper Clam Bay and (exits) of Inner Clam Bay, and one in one of the channels collecting from the drainage cuts, (the latter may be more problematic as we have drainage cuts at various locations leading to "open" waters)" Without knowing the answerrs to any of the above I find it difficult to support spending $200,000 a year. But, I have a more important comment. Frank comments that some of our sampling is not accurate (or may not be accurate) as it is not accompanied by a time table as to when the samples were actually taken - incoming tide, high tide (at that location) ebbing etc" , ,,\ I I ".. -' Page 2 of 3 to j ~ Frank also indicates that salt water being heavier thanj fresh water may "undermine" the fresh water ina tidal prism which would affect the results" I believe he also leaves out another factor which most certainly affects any measurements which we might want to take, and that is the amouynt of "fresh" water which "bubbles up" from underground aquifiers, Don't quote me on the figures but I seem to remember that estimates range from 20,000,000 gallons per day to 80,000,000 gallons per day. Do you remember the figures which were presented to us about 2 or 3 years ago? If in the dry season 80,000,000 gallons of "fresh" water is added to the mix this would certainly affect any results that we are seeking. If it were desirable to measure (and I do not know how you measure that) the herbicides and pesticides in the mangroves it would appear to me that taking it in the bays does not provide us with a working answer" Yes, it will tell us what is there, but it most certainly will not tell us where it is coming from and its concentration as it enters the mangroves. It would appear to me that if it turns out to be desirable to measure these products we should measure them at their source: At the Ritz Carlton (I believe there is a location there) At Station 8 at the Northern end of the Berm - here a culvert can be seen pouring water into the canal EAST of the berm At station 5 (the Sandpiper Tram station) - there next to Pelican Bay Blvd is a culvert with water pouring in (Interestinmg that about 4-6 years ago you could always see two small alligators in those waters, and birds seemed to like the area too - now I have not seen any) Next to St TRopez is a canal that runs directly into the mangroves There propably are other canals feeding into the waters East of the Berm (can you confirm that? - besides the run off from the highrises along the berm) If you establish sampling paints at these locations they can be reached without the necessity of going into the mangroves and you would be able to get a direct reading of which culvert is contributing the most to the "contaminated" run off, If you find that one culvert is producing more contaminated run off than the others you can follow the stream up and try to determine its source, You could take one sampling say now (meaning when we have not had rain for say two weeks); one sampling within 24 hours after a heavy rainfall, and another sampling a week later. These samples would be very easy to obtain with a simple "bucket - vial - or whatever) lowered on a string directly into the water coming out of the culvert. Tides, salt water, and underground water would not affect the readings" And you would probably be able to pin pOint locations of major contamination with less than 20 samplings, What is wrong with my reasoning? And one more question - have we seen any die off of mangroves adjacent to the berm? If not, why not? If they are closest to the source of polution they should be the first ones to be stressed. How do we explain that? Frank also refers to two other items which may be stressing the mangroves: "GALLS" and "BORERS", I would add a third one - VINES. The latter have been much more prevalent this year than ever before - and no doubt if they have been able to drop seeds we may see more of these in the future. What should we do about these? Questions: I seem to remember Kathy saying that Galls were not detrimental to mangroves. I have seen them, but I have no idea what they are, how they are created and the effect on mangroves" Frank states that they may be "signals attesting to the system's precarious health" but he does not offer a solution" What is your opinion? Frank also refers to borers, Again, where do they come from, what is their effect on the mangroves" He also includes them in the "signals attesting to the system's precarious health", but does not offer a solution. Do we have to spray all the mangroves for borers? ....,1,'.\ l Page 3 of 3 I realize that I have heaped a lot of questions on your plate. but th! ~ Lt tim~hatl can remember) that MAG has come up with some written comments and suggestions, I think it is important that we address their concerns and examine if these are valid or not. On the other hand we are the ones who have to come up with solutions. One final thought and then I will finish: You know I have always questioned the fact that salt water will eventually kill off the cat tails and that I was not satisfied with the three major ditches which were dug from the Berm (west side) to the main estuarian flow, The water level along the berm dropped as much as 15 inches. Our plan now is not to touch the cat-tails, except to do some yearly "harvesting (or whatever term you wish to use)" of about 1/3 of the area thus removing old growth and letting new cat-tails take over. Yet at the same time we are talking of more salt water in the area - which would eventually kill the cat-tails. Do we have any measurements that measure the salinity along the berm in summer and winter? In my opinion in winter there should be more salinity as there is less fresh water flowing into the area, whereas in summer the rains falling in the area, plus the run off from Pelican Bay would lower the salinity. Are we going to see some die off in winter and then a regeneration in Summer? There are other questions related to that, but I have already asked enough. I am going to bring up these questions at our next meeting and hope that you can address them. We know that you, your associates and others have a direct interest and have worked hard forn the health of the mangroves and the cat-tail area so that your comments are always welcome. Sorry for the length John Thanks,John .... r I '"'1\1\ 1 Af ~ 19 04 01:22p Jim Carroll 239-597-4947 p. 1 Kevin L. Erwin Consulting Ecologist, Inc. Ecologists · Biologists · Computer Scientists March 19. 2004 161 1 Mr, Kyle Kinney Pelican Bay Foundation, Jne, 6251 Pelican Bay Blvd. Naples, FL 34108 Re: Pelican Bay Berm Status Report KLECE Project #: PBFCSIOI BG #1 Dear Mr. Kinney: Most of the material received and reviewed to date was related to restoration of the Ctam Bay mangrove area. Some material provided by Turrell & Associates, Jnc. \vas concerned with the area of the berm. Most of this information is related to caltail management and planting of bare areas. It is our understanding through a meeting with Tim Hall (Turrell & Associates. Inc,) that he has prepared a management plan and cost estimate to improve 12:t acres west of the berm by cattail management. sediment removal with suitable 5011 replacement, and vegetation planting. The plan includes areas of trees, herbaceous vegetation, and open water areas. We will need to review this plan as soon as possible. We just received a copy of the South Florida Water Management District Surface Water Management Permit No. 11-00065-5 dated August 10, 1978. We are presently comparing this Permit with the Clam Bay Rcstoration and Management Plan dated July 8, 1998. In reviewing the water quality data, cattail problems, and observations made at the site it appears that there is a nutrient problem and possibly surface water management/water level problems. It appears that water quality sampling did not include volume of water disch;J.;'ged, including rate of discharge at the time of sampling as the origin:!l pennit requires, This is imponant to detennine the amount of loading to the aquatic system immediately adjacent to the berm, Total suspended solids was also not sampled which was required in the 1978 SFWMD Permit, which was probably superseded by the ]998 Clam Bay Restoration and Management Plan which includes the Department of Environmental Protection and US Army Corps of Engineers penn its. However, Ihis parameter would be useful to determine the amount of solids leaving the site and also, is a good indicator if the storrnwater system is functioning properly in removing solids and turbidity, It is important to review the water quality and q'uantity sampling methodology and program for possible modification. The time of sampling is also important, both for the time of day and if the sample caught the first flush from a rainfall event or jf it was considerably later after a rainfall event. 20n 8ayside Parkway . Fort Myers, FJorida 33901 · 941-337-1505 _ FAX 941.337-5983 Apr 19 04 01:31p Jim Carroll 239-597-4947 p.l 16' 1.. Mr. Kyle Kinney March 19, 2004 Page 2 of2 First flush sampling will include poorer water quality samples and will provide more accurate levels of nutrients and suspended solids discharged to the water areas of the berm. This will provide information that aids in determining if the stonnwater management system is working as designed and/or if the system needs to be redesigned. It may also indicate if operational changes need to be made. In review of the 1978 SFWMD Permit, reference is made to the ADA for Pelican Bay. We will need to obtain and review certain sections of the ADA to better understand the 1978 Pemlit and 1998 Management Plan. Most of the bay and cabbage palm habitats on the east side of the berm have been flooded out and are beiIlg replaced by willow. This is due to abnom1ally high water levels. This indicates that either the weir levels along the beml are not set at the proper levels or there is excess water being discharged from the stonllwuter management system. This needs to be verified both through the pemlits, field surveys, and as-builts. To date we have not received a log on the operation of the water management system and pipe elevations in the beml. Inspections will also have to be made of the golf course lakes and treatment swales. We received the Green Home Services brochure to improve water quality and reduce water quantity, and would need to review the actual management plan as soon as possible. Cross section elevation surveys will also have to be conducted on the east side of the beml to aid in determining solutions to improving the water quality and water levels that are causing problems on both the west and east sides of the beml. If you have any questions, please call. Sincerely, Kevin L. Erwin Consulting Ecologist, Inc. IU,.(lI1" R f' . .... I ~""-l . \..J2.,",,? William R. Cox Senior Ecologist WRC:dan Fiala Halas Henning Coyle Coletta Bt.tysAOItI BM,.tllleatloH M.s.7 Jt. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 -J ~ 161 1 r l/ April 14, 2004 SUMMARY OF MINUTES & MOTIONS V. TRANSPORTATION SERVICES REPORT A. BUDGET . The 2005 Budget was reviewed. Different scenarios were discussed on different millage rates. . Long range plans were discussed concerning Affluent Water. . Bridge Construction was discussed concerning the grant monies available. . CRA & MSTU projects were discussed - many projects within the MSTU will be discussed for the future. . It was a consensus for approval of two new members . Discussion followed on the neglected areas of Bayshore & contacting Code Enforcement. r~':~.~,:~. C':J. rC3: t: ';:2.L~~lO~ .; IlJtt) \ \~ f' V. T~,). ..... lo...i. 161 lJaysAOIII BM,.tllIMllolt M.s.7 Jf. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 AGENDA FOR MAY 12.2004 I. CALL MEETING TO ORDER II. ATrENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: February 11 & April 14, 2004 V. TRANSPORTATION SERVICES REPORT: A. Budget - Bob Petersen VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance VII. OLD BUSINESS: A. Effluent SeNice Line - Bob Petersen B. Property Line SUNey (Ingram's) - Bob Petersen c. Grant D. Millage Rate E. Future Improvements F. Update on Bridge VIII. NEW BUSINESS: A. Fall Banners IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, 4:00 PM., June 9,2004 Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 I.. 161 1# lJaysAOItI 8MfJllleallolt M.s.7.1e. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 April 14, 2004 MINUTES I. The meeting was called to order by Chainnan Bill Neal at 4:30 PM. II. ATTENDANCE: A. Members: Bill Neal, Tom Finn, Maurice Gutierrez (Absent) B. Collier County: Bob Petersen-Project Manager/Landscape Operations C. Others: Robert Kindelan-Commercial Land Maintenance, Sharon King, John Pallis and Victor Brittain-residents of Bayshore MSTU, Sue Chapin- Manpower Services. A quorum was not established. III. APPROVAL OF AGENDA - Add: Under (B) New Business - John Pallis- Bayview Drive IV. APPROVAL OF MINUTES: February 11, 2004 V. TRANSPORTATION SERVICES REPORT: A. Budget - Joanne Hartman Joanne is no longer with the County. Bob handed out the monthly Budget and the proposed Budget for FY 2005. (Attached) . He presented and covered the Revenues, Ad Valorem Taxes, Operating Expenses and Improvements General (Bridge funds). . Explained the different line items in the proposed Budget and the Forecast of Actuals. . Long range plan on water & sewer is to try to get affluent water. Now they are buying water from the City of Naples. It is at the end of Thomasson into Windstar but couldn't tap into it because they couldn't get the pressure. They are now putting booster pumps on for pressure. Was never a steady supply source, but now guarantees the supply. . Other operating supplies have $10,000 for Committee to order banners for falllwinter. . Bridge construction cost is billed to the State. Grant of $200,000 awarded to MSTU in '97/98 - County Commissioners advanced the $200,000 to the Committee to use for the project. It will now go back into the County. There is a second $200,000 Grant available in '06/07. Mr. Neal wants to make sure they watch the money taken out of the $573,000 that was advanced to the MSTU of which the MSTU is now paying the County back. $375,000 total was paid back the first two years and now the $200,000 is straight from the State. There had been some confusion with the funds in the past - so will keep dose watch on the totals. Concerning the bridge - railing has been paid - $420,000 should not all be for the bridge when the railing has been paid. They will trace the money when the bridge is finished. 1 16J 1. .~ 4 Bob will bring a breakdown of costs at the next meeting. Original costs were underestimated. · Current mil rate is 2 mils - the income for the 2 mils and two other scenarios were shown - Committee is to review and make a decision on their mil rate for fiscal year 2005 at their May meeting. · Transfer to Road and Bridge was discussed with a proposed cost of $21 ,400 for staff charges in maintaining the MSTU. Bill mentioned they have $545,900 of unallocated expenses for any project they have to spend above and beyond any other expenses. If they don't reduce the millage rate their fund will be greater. They have talked about different projects on Bayshore such as trash receptacles, bus shelters, lighting and turnabouts at Thomasson & Bayshore etc. Committee members need to think about the improvements they would like to see for the future. The CRA was discussed with some improvements for CRA & MSTU. . Sudgden Park Boardwalk . Lighting on Thomasson · Possible Agreement with CRA to do projects 1/3 - 2/3 . Enhancement of the bridge (Eagle) · Ordinance can be amended if they wish to do other projects not in Ordinance . Reducing millage is a possibility . Opportunity to do work in new development areas . The history of the CRA was explained and discussed · Avalon area talked about - did not want to be taxed in the MSTU, then decided they wanted to be part of it but has never · Dredging discussed - (Haldeman Creek project) Anteraniam and the County need to get together. · Had a commitment from Ed Kant to paint the railing leading up to the bridge green. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance . Royal palms will be replaced · Half dozen trees destroyed due to storms last few days. Will replace with flowering trees. . Irrigation leaks and traffic incidents . Picking up debris from stonns and winds · Fertilization done last month and this month is scheduled Robert will get a cost on replacement of the two trees at the entrance. Sharon King asked about the lights knocked down by cars. New poles are on order from Lumak. Price is $1,200 for a single. They buy 4 at a time. If a traffic report is filed, risk management collects from Insurance and funds are then reimbursed back to the MSTU. VII. OLD BUSINESS: A. Effluent Service Line - Bob Petersen - discussed earlier B. Property Line Survey (Ingram's) - (Letter) C. Grant - discussed earlier D. Millage Rate - discussed earlier E. Future Improvements List - were discussed above. 1. Turnabout at Thomasson and Bayshore 2 16/ 11 2. Lighting extended South 3. Trash Containers 4. Bus Shelters 5. Symbol for Bridge 6. Improvements for Side-streets 7. Enhanced Landscape Plantings F. Update on Bridge - Bob Petersen On schedule - discussed the various things they are doing and things that need to be done. Waiting for specifications. VIII. NEW BUSINESS: A. New Members - two applicants have applied for the two vacant positions. It was a consensus of the members present to approve Sharon King and Victor Brittain for those two positions. Their names will be submitted to the BCC for appointment. B. Bayview - Mr. Pallis - lives on Bayview Drive and told the committee members of the deterioration of the street. Would like to have it look like a model street. He is hoping the CRA and the MSTU can get the County to do maintenance on the street. Mr. Neal mentioned in the consulting program they are talking to the County right now to determine what needs to be done to be brought up to code with landscaping etc. Bob mentioned the roads need to be brought up to better standards and then they can plant trees and shrubbery etc. A lengthy discussion followed on the area being neglected, parking for the Marina, Tipsy Seagull and whether irrigation can be put into areas temporarily so plants and hedges ca be planted in the more dire areas. Bob suggested they call Road Maintenance and get the neighbors to call. Sharon will call Aaron. Code Enforcement also needs to be called. Banners need to be ordered for fall and winter. Bob will get infonnation for the May meeting. IX. PUBLIC COMMENTS: Being no further business to come before the Committee, it was adjourned at 5:55 PM. The next meeting is Wednesday, 4:00 PM., May 12, 2004 Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 3 MEMORANDUM 16' L ~ -<..\-"'-.,( ~ ~ ",', DATE: February 23,2004 TO: Bob Petersen. Landscape Engineer II Transportation Department 02-26-04 A08: 28 I N \-~<~'_ 'I FROM: Sue Filson, Executive Manage Board of County Commissione RE: Bayshore/Avalon Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sharon King 3307 Dominion Drive Naples, FL 34112 Victor L. Brittain 2779 Becca Avenue 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 summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 330J East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 16.1.',U' ;"f(;'~ ...... .', ~fjllJ'~\'~ 1 .-- " ;.~-_.... ;,/' - , - .' ." -:---i't-<J ;' Application for Advisory Committees/Boards S ha ro (\ \L; ~ Home Phone: 1'7 '+ -lot 17 fo Home Address: 3:SO 7 Dcm'll'"\lc("\ -p,... Zip Code: '34- (12- Business Phone: /1'1- '3 S3 L e-mail address: ~I'('\ S75 q.q.l { (Yes.CClf ~ ~Q Name: Business: Board or Committee Applied for: m s-ru..... ~ B Q.\J _c::;h~ (" e.-. , Category (if applicable): Example: Commission Dilitrlct, Developer, environmentaUst, lay person, etc. Are you a registered voter in Collier County: Yes v No Do you currently hold public office? Yes No V Uso, what is that office? Do you now serve, or have you ever served, on a Collier County board or COmmi~? Yes U yes, please list tbe committeeslboards: c::.. (J.. A Ad 01 ~ r-"( ~ v/ No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: 2 '1rs c.ott"~_( ~ dG~~) bcJ.S\~S I -+u'\Qt"GL.- a a...c.ou~,,~ ') ~t ~Me I ("Gjmttudi"'1 Experience: Pkalfe IltUIch any additiol/al iIIformatiol/ you feel pertiMI/t. Thill applicadol/ should be fo,.,.",rded to Sue Filson, Execudve Manager to the Board of County COMMissioners, 3101 ElAt TIU1IUuni Tnzil. Napks, FL 34112. If you wis/r, pleasefllXyour IlJIPlication to (239) 774-3602 or _ail to suefilson<<U:tllliefYov.net. Th_i ytlfIfor volunteering to serve the dtiums of Collier Coun(JI. Application for Advisory committees/Boals61 1. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Name: VICTOR L BRITTAIN Home Address: 2779 BECCA AVE I Zio Code: 34112 Home Phone: 793-3223 I Business Phone: I Fax: 793-3223 e-mail address: BARECLOSETiWAOL.COM Board or Committee Aoolied for: BA YSHORE-A V ALON MSTU Catel!orv (If annlicable) Examnle: Commission District Developer. environmentalist, Citlzen-At-La....e etc. Are you a recistered voter in Collier County? I Yes X LJ I No L J Do you currently hold DubUc office? I Yes [J I NoX [J Uso, what office do you hold? Do vou now serve, or have you ever served on a Collier County board or committee? I Yes r 1 I No X [] If yes, piease Ust the boards/committees: Please list vour communitv activities (dvlc clubs, neil!hborhood associations, etc. and positions held): PAST MEMBER OF COLLIER CTY HOMELESS COALITION AND COLLIER CTY HUNGER COALITION. Education: 3 YRS OF GRANDUATE STUDY IN THEOLOGY, MA IN SOCIOLOGY ExperienceJBackwound: I HAVE LNED IN EAST NAPLES AREA FOR NEARLY 30 YRS AND WITHIN THE PAST TWO YEARS I HAVE BUILT A NEW HOME ON BECCA AVE OFF BA YSHORE. I HAVE MUCH INTEREST IN SEEING THIS AREA CONTINUE TO IMPROVE, YET KEEP ITS UNIOUE CHARM AND FLAVOR. I FIRMLY BELIEVE THE BA YSHORE-A V ALON AREA HAS POTENTIAL TO EVEN RIVAL THAT OF FIFTH AVE S AND MANY PARTS OF NORTH NAPLES IF LED CAUTIOUSLY AND THOUGHTFULLY. MY LOCAL BUSINESS EXPERIENCE HAS BEEN IN BEING AN OWNER OF A SUCCESSFUL LANDSCAPING BUSINESS FOR 15 YRS AND REGIONAL DIRECTOR OF CATHOLIC CHARITIES FOR SEVERAL YEARS. I CONSIDER MYSELF NOW SEMI-RETIRED AND BA VE THE TIME TO PAY-BACK TO MY NEIGHBORHOOD IN TIME AND SERVICE. 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WO l\J -m _00. 0 woooo_. 0 0 ~~~~~f~~;~~~~~~~~~~~f~~~ ~~~ ;;i j' e: .... i10 ~ ~ ~ ~ .~ ~ ~ ~ i f ~ coooooooooooo~oo~oooOOOOa.N .. .. o o gg g o :-1 11'8 i~ '" o o . wo l\J --m ,~ ~ _00 0 woooo~. ~ ~ '~==~~~~~~=~~~~~~=~~~f~~~ / I Develo Fiala Halas Henning me I dvisor Sub-Committee (Budget and Operations Sub-Committee) '\ 161 1 April 14, 2004 3:00 p.m. I. Approval of Agenda II. Approval of M:nutes of March 10,2004 III. New Business A. Review Chart of Performance Standards - D. Disney B. Review of Building Review & Permitting Process - E. Perico/J. Puig/ R. Badge/M. Vellos C. Review of Zoning & Land Development Review Process - S. Murray D. Review of Budget Process & Initial Draft of Budget - G. Mullee/M. Isackson IV. Old Business A. Status re Goals and Objectives Action Plan B. Status re Recruitment of New Members · Review of Resume(s) V. Next Meeting Date - May 12, 2004 (3:00 p.m. in conference room 610) VI. Adjournment Goals and Objectiv..s: 1. To make recommendations to the DSAC of Minimum Level Customer Service Standards for all departments operating within CDES. 2. To make recommendations to the DSAC of reports necessary for the DSAC to measure CDES departments' performance in meeting Customer Service Standards. 3. To make recommendations to the DSAC of improved means and methods necessary for the DSAC to measure Customer Service Performance for all departments operating within CDES. 4. To make recommendations to the DSAC of improved means and methods necessary to generate consistent application of Customer Service Policies and Procedures of departments operating within CDES and to ensure the timely, accurate and complete dissemination of these policies and procedures. 5. To make recommendations to the DSAC relating to the adoption of the fiscal year , 200412005 CDES operating and capital budget prior to it beihg"diSi?tJlss~d by the Board of County Commissioners at their preliminary budget works8d~~:s i~e!f004. n, 1l.J tt')\ b , .lv: March 10, 2004 ill TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COM11ITTEE BUDGET & OPERATIONS SUB-COMMITTEE Naples, Florida, March 10,2004 LET IT BE REMEMBERED that the Collier County Budget and Operations Sub-Committee of the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Conference Room "610" in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter VanArsdale Charles Abbott Dalas Disney Blair Foley William Varian ST AFF PRESENT: Gary Mullee, Financial Operations. Manager Sandra Lea, Administrative Assistant, CDES Administration ALSO PRESENT: Mark Isackson, OMB Chairman Peter VanArsdale called the meeting to order at 3:10 PM. I. APPROVAL OF AGENDA: Agenda approved on motion duly made by Dalas Disney, seconded by William Varian and unanimously carried. II. APPROVAL OF MINUTES - FEBRUARY 11. 2004 MEETING On motion duly made by Blair Foley, seconded by William Varian and unanimously carried, the minutes of the February 11, 2004 meeting were approved. 1 161 l~ March 10,2004 HI. OLD BUSINESS A. Review of Goals and Objectives The proposed goals and objectives were reviewed. Chairman Peter Van Arsdale will prepare a more definitive action plan for the goals. With respect to Item 5 relating to the adoption of the fiscal year 2004-2005 CDES operating and capital budget, Mr. Mullee introduced Mr. Mark Isackson, the budget representative from OMB. Messrs. Mullee and Isackson will provide updates re the budget at each meeting until finalization (July, 2004). The budge~ review process and the initial draft of the budget will be presented at the April 14, 2004 meeting. It was noted that presentations will be limited to approximately 20-30 minutes with the understanding that related material will be sent to the Subcommittee members seven (7) days in advance of the meeting. B. Recruitment of New Members A draft letter, prepared by Ms. Lea, was reviewed and finalized. Copies of the final letter will be sent to the members of the Sub-Committee for appropriate distribution to potential candidates. Ms. Lea will receive the resumes of interested candidates and forward them to the members for review. IV. NEW BUSINESS A. Review Florida Statute Regarding Budget Reserve Requirements As a follow-up to discussion at the February 11, 2004 meeting, Mr. Mullee distributed and reviewed copies of the Florida statutes regarding budget reserve requirements. Discussion followed with respect to prepaid services (inspection fees paid in advance) which are held in reserve. It was the general consensus that these monies should not be held in reserve and should perhaps be treated as a liability. This matter will be discussed further during the budget review segment of the April 14, 2004 meeting. B. Review Chart of Performance Standards Relative to performance standards for the Zoning and Land Development Department and Building Review and Permitting Department, Dalas Disney presented a chart to be used for tracking level of service in terms of total project time, based on data that was developed in April, 2001. Mr. Disney will maintain and modify the chart, as needed, and forward it to the Subcommittee members via Sandra Lea on a monthly basis. The overall goal is to assist staff, through suggestions, in enhancing workflow and streamlining the work process. He added 2 that inclusion of this mechanism in the Hansen SOft~otd b~h 10, 2004 beneficial. As suggested by Mr. Van Arsdale, Dalas Disney will contact Susan Murray and Ed Perico to review the performance standards charts within their respective areas of responsibility. Ms. Murray and Mr. Perico will be invited to attend the April 14th meeting to discuss this approach and enlist their support. A mechanism for measuring performance will be addressed later. Mr. Foley added, and the members concurred, that some form of accountability should also be established in meeting timeframes. C. Review Study Material Results re Process Review Material, provided by the Zoning and Land Development Department, regarding the planning review process had been previously distributed. In view of the earlier discussion, it was felt that review of the material at this time is not necessary at this time. However, members were requested to maintain copies of the material in the event Ms. Murray references the material at the April 14th meeting. In terms of the Hansen software, Mr. Mullee advised that the software application has not been executed. If deemed appropriate, the performance standards need to be included in the software prior to the execution of the contract with Hansen. v. NEXT MEETING DATE The next meeting of the DSAC Budget and Operations Sub-committee will be held on Wednesday, April 14, 2004 in Conference Room 607. It was noted, however, that the meeting date is contingent upon the availability of Susan Murray and Ed Perico. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:30 PM. COLLIER COUNTY BUDGET & OPERATIONS SUB-COMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE hi. d ~^- Chairman Peter Van Arsdale 3 ( ,j ~:~~ng }' \ 1 Coyl. / 16 .., 4 CQlttta 'l/ """''''''' s.ac~ At.$.7.1t. Adl".ory 6o....ltt. 2705 Horseshoe Drive South Naples, FL 34104 / May 6, 2004 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: April 6, 2004 IV. APPROVAL OF AGENDA V. MASTER PLAN UPDATE - Wilson Miller VI. TRANSPORTATION SERVICES REPORT: A. Budget Report - Bob Petersen VII. LANDSCAPE MAINTENANCE REPORT: A, Water at Vanderbilt Beach and Vanderbilt Drive intersection B. Debris Removal VIII. OLD BUSINESS: A. Proposed TumaroundINorth end of Gulf Shore Drive B. Status ofplantings in County right-of way - Bob Petersen C. Status of $25,000 staff charges D. Decorative Pavers E. Report on Design Gulf Shore sidewalk project - Ed Kant IX. NEW BUSINESS: A. Sub-Committees B. Beach Access, public seating C. Request for donation of 4 tables & benches/Lynda Flynn X. PUBLIC COMMENTS XI. ADJOURNMENT ,.. .. J.,. d'. t' ~'.; .;; The next meeting is scheduled/or 2:00 PM, June J, 2004; A T ST. JOHNS PARISH LIFE CENTER 6251UTH Ave. Naples, FL S1,~1l~ llPl~ll ~(O 16' 1. lIaM.tllI' B~~ M.I.7.Jt. AA",'sory 60lftlftlttu 2685 Horseshoe Drive South Naples, FL 34104 April 6, 2004 SUMMARY OF MINUTES AND MOTIONS III. Approval of Minutes: March 18,2004 Bud Martin moved to approve the minutes of March 18,2004. Second by Charlie Arthur. Carried unanimously 5-0. N. Approval of Agenda: Agenda was amended and motion by Bud Martin to approve as amended. Second by Lew Schmidt. Carried unanimously 5-0. VIII. Master Plan Update - Wilson Miller A lengthy discussion pursued with concerns and questions: Main concerns were the costs to bury the utility lines. They did not feel they had definitive costs at this time to present to the Homeowners on April 29th. AnitaJenkins - Wilson Miller reminded the Connnittee they need to take into consideration the scope of services that was approved and if they want to change the direction. Master Plans are based on budget numbers, not construction cost numbers. They cannot get numbers until they start to work with Contractors and receive bids. Charlie Arthur moved to do a mailing canceling the April 29th meeting, bring more information to the residents through additional study and meet in the fall. Second by Carol Wright. Carried unanimously 5-0. IX. New Business: A. Letter from Ms. Burkhart Bud moved to have Dick send the letter they reviewed to Susan Burkhart. Second by Carol Wright. Carried unanimously 5-0. B. 2004/2005 Budget - Bob Petersen Charlie Arthur moved to approve the request from Wilson Miller for $5,500. Second by Bud Martin. Carried unanimously 5-0. 161 1 .. ~ 1111IIII.,,'" s.ac~ M.s.7.k AIj,,;SOIY eo..".;tt.. 2705 Horseshoe Drive South Naples, FL 34104 April!, 2004 MINUTES I. Meeting was called to order by Chairman Dick Lydon at 2:00 PM. II. ATTENDANCE: Committee Members: Dick Lydon, Bud Martin, Charles Arthur, Carol Wright, Lew Schmidt Collier County: Bob Petersen-Landscape Operations Others: Dayna Fendrick, Anita Jenkins and Nicole Fernandez-Wilson Miller, Robert Kindelan-CLM, Sue Chapin-Manpower Services, and 7 residents (Sheet Attached) III. APPROVAL OF MINUTES: March 25, 2004 (No meeting) Bud Martin moved to approve the minutes of March 18, 2004. Second by Charlie Arthur. Carried unanimously 5-0 IV. APPROVAL OF AGENDA Move - Item V. Master Plan Update - before New Business. Under New Business -A. Letter from Ms. Burkhart Under New Business - B. 2004/2005 Budget Under New Business - C. Change OrderlWilson Miller Bud Martin moved to approve the Agenda as amended. Second by Lew Schmidt. Carried unanimously 5-0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Bob Petersen Bob handed out a copy of the Budget (Attached) The income and expenses were discussed. Transfers, commitments and carryover were discussed. Actual Income as of April 1st is $559,268.45 with approx. $610,000 uncommitted available funds. It was noted the Board of County Commissioners loaned the MSTU $100,000 until the first of the year. Lew Schmidt moved to approve the Budget as presented. Second by Charlie Arthur. Carried unanimously 5-0 1 16j 1. VI. LANDSCAPE MAINTENANCE REPORT: . Fertilization is scheduled for this month . Typical problems with Irrigation - increased frequency 4 times a week until caught up. . Trade Winds comer re-sanded. . Finished irrigation modification . Pavers are doing okay but curbs are getting chipped. A. Water at Vanderbilt Beach and Vanderbilt Drive intersection. Had to cut a driveway. Someone put in a driveway and paved over the irrigation and was never capped off causing a small leak. B. Decorative Pavers Trucks have run over curbing and pavers but holding up okay. The curbs are chipped and discussed raising the bricks VII. OLD BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. - no report. B. Status of plantings in County right-of way - Bob Petersen No report. C. Status of $25,000 staff charges Dick attended an MSTU meeting of all MSTU Chairman on March 31st. Information gathered about the $25,000 charge was discussed. Everyone is being charged the same amount. He informed Diane Flagg that the charge should not exist. That number is now $21,400 for all the services for staff to administer the MSTU's. Bob mentioned it is a policy adopted by the Board of County Commissioners. Staffhas no say in it. The Budget office is making a surveyor study of time involved in the costs. If the actual costs are less, changes will be made. It had been divided up evenly between all the MSTU's. Charlie Arthur would also like Bob to check with the Budget office on the status of the 5% estimated revenues. VIII. MASTER PLAN UPDATE - Wilson Miller A. Summary of March 25th meeting - Dayna Fendrick (all information attached) Dayna passed out the survey results from the March 25th public informational meeting. A description of the respondents was attached. The burial of overhead utility lines was high on the list. Anita stated they had a lot of participation of residents who lived off Gulf Shore and Vanderbilt Drive and voted for things that were comparative to their area. It reflects that the committee can move forward from the public workshop. This gave them an idea of what the budget will be in 10 years. Utilities can be buried on two streets in which would be their Master Plan. This would include all the finger streets as well. Anita felt the results were consistent with what they found at the March 19, 2003 meeting. The same message is being expressed. A lengthy discussion pursued with concerns and questions as follows: . Where did the $5M budget figure come from? $500,000 taken out of the revenues times 10 years. 2 161 lr. . Appraised value of homes and property values increasing need to be indicated more precisely for the revenues received each year for a better projection. . $5M is probably a low figure - but a figure they could work with. . Inflation discussed - Dayna has adjusted the cost projections to include inflation - 25%. (not a projection factor over time) . Lew felt they were optimistic in their revenues, actual values in relation to costs. Revenues do not recognize a potential increase over the 10 years. Bud responded there is no inflation built into it. . Dayna stated the inflation factor they have covers the local difference between their prices and state wide and also the fact that the DOT per mile costs are based on large projects and may not have the same economy scale. . May need to borrow money against future income to pay early or wait for 10 years and then proceed. . FPL numbers were questioned and felt should be more accurate. . Discussion on FPL' s previous presentation. FPL will not give an accurate figure until they commit and a non-refundable check for $10,000 is given (but credited towards project)- good for 6 months- gave a ballpark figure of $3-3 .5M for all the finger streets, Gulf Shore Drive, Vanderbilt Drive and Vanderbilt Beach Road. Wilson Miller checked the figures with FPL and received the same figures. . Above costs are to bring the lines to the front yards - many homeowners may have additional costs. . Bud gave examples of percentages and ideas of how to keep money at home and benefit the people that are generating the money. He stated to prioritize for the residents that are generating the money and fairness. (Vanderbilt Beach Road, finger streets, Gulf Shore Drive, Vanderbilt Drive and Bluebill Ave.) . Lew discussed the power lines, telephone poles and the electricity provided to the Ritz etc. Better numbers are needed. Dick Lydon stated they need to see where they are going with the Master Plan for their April 29th meeting. If burying utility lines on Gulf Shore is their number one priority, then they can discuss how they do it and what the actual costs are. Discussion followed on how to present the different scenarios at the April meeting. Charlie felt better numbers are needed for burying the utility lines and more time is needed before they present the plan to the public. Anita Jenkins reminded the Committee they need to take into consideration the scope of services that was approved and if they want to change the direction. Master Plans are based on budget numbers, not construction cost numbers. They cannot get numbers until they start to work with Contractors and receive bids. They give the best estimates available. The feeling was not to rush through the process and possibly wait until fall to present more accurate numbers to the residents. They want to give a clear direction. 3 16j ~' More discussion on: . Utility Poles . Burying lines . Sidewalks . Utility Poles first then sidewalks . Vanderbilt priorities . Grant Monies available for funding for beautification . Dividing the community and being fair is a major concern . Establishing priorities and implement the total package is goal - but not until real numbers are given. . Round-about & servicing the whole community Anita summed it up as to their purpose of moving forward from what the public has told them. They need to form a Master Plan that they can work towards implementation and seeking additional sources. If the costs are changing their priorities, they need to know that. If the costs are just additional information to make them more comfortable with the costs, that's important to know also. They need to make the April 29th meeting productive and need a prioritization of the input they have received. In order to move forward for other sources of funding including grants etc. there needs to be a Master Plan in place. They need to work within a timeline. If they want to accomplish some of the projects in a short time, they need to consider raising their mil rate, talk to the Ritz, seek grants etc. Carol Wright felt she would like the MSTU do the beautification for the whole area. She felt people are still uninformed and they don't realize the expense and involvement of burying the utility lines. Bud suggested they have meaningful projects done in the Bluebill - Gulf Shore area. Dick felt priorities are: . Utility Lines - Gulf Shore . Curbing & Drainage . Sidewalks - Gulf Shore - East Side Charlie Arthur moved to do a mailing canceling the April 29th meeting, bring more information to the residents through additional study and meet in the fall. Second by Carol Wright. Carried unanimously 5-0. IX. NEW BUSINESS: A. Letter from Ms. Burkhart - the response letter from Dick Lydon was approved. Lew mentioned he would like to meet with her concerning her concerns and report back to the Committee. Bud moved to have Dick send the letter to Susan Burkhart. Second by Carol. Carried unanimously 5-0. B. 2004/2005 Budget - Bob Petersen Bob passed out the proposed Budget for the Vanderbilt MSTU for their fiscal year 04/05. They assumed a 5% growth in taxable value. Need approval in 4 16J 1.. May. Committee will look over budget and e-mail any questions they have to Bob before the May meeting. Charlie Arthur moved to approve the request from Wilson Miller for $5,500. Second by Bud Martin. Carried unanimously 5-0. X. PUBLIC COMMENTS . BJ Boyer - Discussed driveway situation paving and whether it was a temporary one. If so, should collect money from the Regatta. Bob will check on permits issued. She mentioned the original intentions of the MSTU originally were to put Sidewalks on east side of Gulf Shore Drive. . Butch commented on the monies and where it should go. Resident of 15 years and remember the Vanderbilt Homeowners Assn. in the 80's fought to get the road cleaned up the best possible way. For the persons on the east to say they don't want to cooperate with the persons on the west is atrocious. They are each going to be paying for things in each area. Whether irrigation or landscaping it beautifies the whole are and should be working together. Should be looking at the total plan whether it takes several years or not, but need to start now with sidewalks and burying power lines. . Chuck stated to work on priorities with sidewalks on Gulf Shore, Burying lines, and then work on Vanderbilt Beach Drive and Bluebill. · Bob Petersen mentioned changing their Ordinance for extending the boundaries to the Naples Park side. · Chris Carpenter expressed her opinion on the lack of respondents to the survey. She suggested mailing the survey to the 3,000 plus residents. · Carol Wright also suggested the survey be put in the Homeowners newsletters. · Charlie suggested sub-committee' s to research and work with different aspects of the Master Plan. Two committee people cannot work together, but one member can be on a committee and report back to the MSTU. · Contracts, bids and consultants were discussed. Commercial Land Maintenance's contract may be up for renewal. Bob Petersen will check on the dates. . BJ also mentioned after burying lines it is the homeowner's responsibility to fix the landscaping and a transformer box would have to be in front of a home. Shrubs can be planted to hide the box. · Mil rate is at .5 caps. Need Ordinance change to change cap, committee changes rate. (.5 per $1,000 assessed value is calculated) Discussed the millage rate and how it appears on the tax bills. · Lew is concerned and wants to know what the actual costs would be per street for FPL to bury the lines. Community needs to work together. · Butch felt the pavers did not have a sufficient sub-base and did not compensate for the curb. Bob Petersen said they did this as on a trial basis and if the Committee chooses to do them, they will go with concrete. 5 16 J 1., Robert/CLM mentioned they met the Counties specifications on how mtttl lime rock goes in and exceeded that amount. They also determined the amount of pavers based on the track of the wheels on the trucks. Bud asked about other options, liability, and risks and wants to bring up the subject again. Deeper curbs may be the answer on both sides of the road. XI. Being no further business to come before the Committee, the meeting adjourned at 4:35 PM. Next Regular meeting - Thursday, May 6, 2004, 2:00 PM AT ST. 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NNW ~ (3 !8~~8~~~8~8~ ~ ~ ~ ~ j 3 III i il '" i. !!!. CJ) ~. lil U> III ~oEo 00 10; ~OO NO~O 5~~~ 00 ~~ '" "00 ~~~ N ... ~o~o 00 ;;; Ul ~o~ N .....999 ~~~~ ii I~; ~ ,''''', :' ::a . ... " . .. ~ ... b' ... m::a .::~ ii " :ll . ..... III CI ' .. o ... ... i ... -< ~ o fi: ~5 ~s ",ft C!i- ~:ll ~ ~ ::> ...>< -<..... co:!. ~l ~ ~ A. ~ .""T1 ft .. -< ;.-::: "" c ii :;:a "II)ao < 3 -< ... .. i ~i~. i Ag ... 1'... .. -< .. CI ... 11'- o 15 161 1 February 3, 2004 Mr. Bob Petersen, Project Manager Collier County Traffic Operations and Alternative Transportation Modes Department 2705 Horseshoe Drive South Naples, FL 34104 Subject: Vanderbilt Beach Beautification MSTU Master Plan Work Order TLO-WMI-04-01 Additional Professional Services Request #1 Dear Bob, As you know, we have been activeiy pursuing the data-gathering portion of the project, which will lay the foundation for the analysis and design phases of the master plan. Thus far, it appears that much of the information which, per our contract, was to be provided by the County is either not available or does not exist. Therefore, it will be necessary for Wilson Miller to gather and document the information independently, or find alternative sources for the data. These services may be provided as additional services according to our proposal, Paragraph 2.2 Additional Data Collection. Please see the proposed scope and fee adjustments outlined below: Traffic volume & seed surve data 2 locations $800 ea. $1,600.00 Fixed Turning movement counts @ 4 4 intersections @ $400 $1,600.00 Fixed intersections Intersection geometries @ 4 Included wi turn counts N/A N/A intersections Gather & compile data from Collier 20 hours @ $100/hr $2,000.00 Fixed County GIS data banks for purposes of locating information not available in record drawin s utilities, etc. Review police reports for additional 6 hours @ $50/hr $300.00 Fixed bikel edestrian crash data Total Additional Services Re uest #1 $5,500.00 Fixed Ori inal Contract Fee $72,690.00 Fixed Ad.usted Contract Fee $78,190.00 Fixed Please note that the additional services will be billed in accordance with our current Agreement for Professional Landscape Architectural Services. If this budget increase meets with your 2/312004-132744 V.r. 011. OF.IId"c CAt43 03038-005-000- LPSA- 27833 161 1. approval, please process for the proper authorization. Please let me know if you need this information formatted in a different manner in order to expedite the authorization. If you have any questions or require any additional information, please contact me at 649-4040. Sincerely, WilsonMiller, Inc. Dayna L. Fendrick, RLA, AICP Senior Associate Vanderbilt Beach Beautification Study Conceptual Opinion of Cost (Revision #1) Prepared by: Wilson Miller, Inc. Date: 4/2/2004 161 1 Bluebill Avenue - 2685 LF (.5 miles) Plus Mobilization, Traffic Control, Contingencies, OescriDtion Unit Unit Price atv Cost Local Inflation 1+25%\ Design, Survey & CEI Curbing & Drainage Roadwav modifications MILE $0.00 0 $0 $0 Curbing & Drainage Subtotal $0 $0 $0 Sidewalks 6' Width-I Side MILE $189,000.00 0 $0 $0 Sidewalk Subtotal $0 $0 $0 Bike Lanes Bike Lane ner Mile, 5' both sides MILE $622.000 0.5 $311,000 $388.800 Bike Lanes Subtotal $311.000 $388.800 $583, 100 Street Trees (Palm Grove) Palms (15' ht') EACH $450 165 $74,250 $92,800 Sodding. Floratam (Restoration - 20' each side) SYD $3.15 5.870 $18,491 $23,100 Irrination SF $1.00 52.000 $52,000 $65.000 Street Trees Subtotal $144,741 $180,900 $271,400 Roundabout at Gulfshore Drive Pavement removal ACRE $9.000 0.1 $900 $1.100 Construct Roundabout EACH $150,000 1 $150,000 $187.500 Brick Pavers SYD $68 510 $34.680 $43,400 Palms (15' ht) EACH $450 20 $9,000 $11.300 Plantings, ground cover SF $1.65 4000 $6.600 $8,300 Irriaation SF $1.00 4000 $4,000 $5,000 Roundabout Subtotal $205, 180 $256.500 $384,700 Medians Road Reconstruction MILE $2,500,000 0.25 $625,000 $781,300 Pavement Removal ACRE $9.000 1 $9.000 $11,300 Bedding Material (Select) CYD $7.30 795 $5,804 $7,300 Canopy Trees (12-14') EACH $400 20 $8,000 $10,000 Flowering Trees, (10-12') EACH $300 50 $15,000 $18.800 Sodding, Floratam (Restoration) SYD $3.15 1.910 $6.017 $7,500 Irrigation SF $1.00 21.500 $21,500 $26,900 Plantinas, around cover SF $1.65 4,300 $7,095 $8.900 Medians Subtotal $697.415 $871,800 $1,307,700 Street Lighting (Decorative) Light Pole, Decorative, 100' Spacing, Opposing EACH $1,900 54 $102.600 $128,300 Pole Foundation EACH $585 54 $31,590 $39,500 Luminaire. Special EACH $500 54 $27.000 $33,800 Conduit, 2" Underground LFT $3.37 5370 $18,097 $22.600 Conductors, Insulated, No.6 LFT $0.58 5370 $3.115 $3,900 Pull Boxes (RoadSide) (2 per sidestreet) EACH $232 0 $0 $0 Load Center, Secondary VoltaQe (1 per 60 poles) EACH $5.200 1 $5,200 $6,500 Street Lighting Subtotal $187,602 $234,500 $351,800 Street Furnishings Trash Receptacle EACH $1,200 6 $ 7 .200 $9.000 Pedestrian Bench EACH $2.000 6 $12.000 $15.000 Street Furnishings Subtotal $t9.200 $24,000 $36,000 Entry Features Gulfshore Dr. Intersection Monument LSUM $25,000 1 $25.000 $31,300 Entry Features Subtotaf $25.000 $31,300 $46,900 Bridge Gateway Enhancement Monuments EACH $5,000 4 $20,000 $25,000 Palms, 15' ht avg. EACH $450 70 $31,500 $39,400 Irrigation SF $1.00 25,000 $25,000 $31.300 Embankment Plant inns west side SF $1.65 25.000 $41,250 $51.600 Bridge Gateway Enhancement Subtotal $1 t 7,750 $147.200 $220,800 Construcfion Subtotal $1,707,887 $2,135,000 $3,202,000 Mobifization (10%) LSUM $170,789 1 $170,789 $213.500 Traffic Control (5%) LSUM $85,394 1 $85,394 $106,700 Contingencies (15%) LSUM $256,183 1 $256.183 $320,200 Total Construction Cost $2,220,253 $2,775,000 Desion, Survev, GEl (20% 01 Gonstruclion Subto/al) I LSUM $341.577 1 $341,577 $427,000 IITotal Construction & Enaineerina $2,561,831 $3,202,000 Bury Utilities FPL MILE $492,960 0.5 $246,480 $246,500 Sprint MILE $116,500 0.5 $58,250 $58,300 Com cast MILE $57,150 0.5 $28,575 $28,600 Utilities Subtotal $333.305 $333,300 $2,895,136 $3,536,000 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMilIer's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-af-way for roadway or drainage improvements DOCS #135142v2 Bluebill Ave 161 1...... . Vanderbilt Beach Beautification Study Conceptual Opinion of Cost (Revision 1*1) Prepared by: WilsonMiller. Inc. Date: 41212004 Gullshore Drive - 6900 L.F. (1.3 miles) Plus Mobilization, Traffic Control, Contingencies, DescriDtion Unit Unit Price Qty Cost Local Inflation (+25%) Dasign, Survey & CEI Curbing &. Drainage A. Roadway Modifications MILE $1,000,000.00 1.3 $1,300,000 $1,625,000 Concrete Curb & Gutter, Type F LFT $10.80 13,800 $149,040 8186,300 Enclosed Drainage MILE 8400,000 1.3 $520,000 $650,000 B Roadway ReconstructIon MILE 52.'>00.000.00 13 ';3,250,000 54.062.500 Curbing & Drainage Subtotal A. $1,969,040 $2,461,300 $3,692,000 Curbmg 8- Drainage Subtotal B '5,'{,2S0.00D $.J. 062. 500 $6.093,800 Sidewalks 6' Width-l Side MILE $189,000 1.3 $245,700 $307,100 Soddino, Flaralam IRestoration 1 Side I SYD $3.15 10735 $33,815 $42,300 Sidewalk Subtotal $279,515 $349.400 $524, 100 Bike Lanes 5' Width - 2 sides MILE $622,000.00 0 $0 $0 B;ke Lanes Subtotal $0 $0 $0 Street Trees Trees (12'-14' hl.') EACH $400 275 $110,000 $137,500 Irriaation. Bubblers to Trees EACH $200.00 275 $55,000 $68,800 Street Trees Subtotal $165,000 $206,300 $309,400 Roundabout at VBR Construct Roundabout EACH $150,000 1 $150,000 $187,500 Brick Pavers SYD $68 511 $34,493 $43,100 Palms 15' Height, Average EACH $450 25 $11,250 $14,100 Planting SF $1.65 6000 $9,900 $12.400 lrriaation SF $1.00 6000 $6,000 $7,500 Roundabout Subtotal $211,643 $264,600 $396,800 Medians, IntermiUent Pavement Removal ACRE $9,000 0.1 $900 $1,100 Road Reconstruction MILE $2,500,000 0.05 $125,000 $156,300 Brick Pavers SYD $68 506 $34,155 $42.700 Bedding Material (Select) CYD $7.30 32 $234 $300 Palms 15' HI. Ave. EACH $450 10 $4,500 $5,600 Planting SF $1.65 850 $1 .403 $1,800 Irriaation SF $1.00 850 $850 $1,100 Medians Subtotal (per median) $167,041 $208,800 $313,200 Med'ans Sub/otal (x 10) $1.670.411 $2,088.000 $3,132,OOC Street lighting (Decorative) light Pole, Decorative, 100' Spacing, Opposing EACH $1,900 138 $262,200 $327,800 Pole Foundation EACH $585 138 $80,730 $100,900 Luminaire, Special EACH $500 138 $69,000 $86.300 Conduit, 2" Underground LFT $3.37 13800 $46,506 $58.100 Conductors, Insulated, NO.6 LFT $0.58 13800 $8,004 $10,000 Pull Boxes (Roadside) (2 per side street) EACH $232 3 $696 $900 Load Cenler, Secondary Voltaoe (1 per 60 pales) EACH $5,200 3 $15,600 $19,500 Street Lighting Subtotal $482.736 $603,400 $905, / DC Street Furnishings Trash Receptacle EACH $1,200 10 $12,000 815,000 Pedestrian Bench EACH $2,000 10 $20,000 $25,000 Street Furnishings Subtotal $32,000 $40,000 $60,000 Entry Features VBR Intersection Monument LSUM $25.000 1 $25,000 $31.300 Entry Features Subtotal $25,000 $31,300 $46,900 Construction Subtotal A. $4,835,345 $6,044,000 $9,066,000 Construction Subtotal B. $6,116,305 $7,645,000 $11,468,000 Mobilization (10%) LSUM 5483,534 1 $483,534 $604.400 Traffic Control (5%) LSUM 8241.767 1 $241.767 $302,200 Contingencies (15%) LSUM 5725,302 1 $725,302 $906,600 Total Construction Cost A, $6,285,948 :>7,857,000 Total Construction Cost B. $7,951,196 89,939,000 Des(on, Survey, GEl (20':'0 ot Construction Subtotal) I LSUM $967,069 1 $967,069 I .',<U",UUU Total Construction & En Total Construction & En $7,253,017 59,174,457 Bury Utilities FPL (inc. finger streets) MILE $492,960 1.9 $936,624 $936,600 Sprint MILE $116,500 1.3 $151.450 $151,500 Comcast MILE 557,150 1.3 $74,295 $74,300 Utilities Subtotal $1,162.369 $1,162,400 $8,415,386 810,336,826 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right~of~way for roadway or drainage improvements. 3. Alternative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Alternative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. DOCS#135142v2 Gulfshore Dr DOCS #135142 v2 161 1 Vanderbilt Beach Beautification Study Conceptual Opinion of Cost (Revision #1) Prepared by: WilsonMiller, lne. Date: 4/2/2004 Vanderbilt Beach Rd. - 1835 L.F. - (.4 miles) Plus Mobilization, Traffic Control, Contingencies, Descriotion Unit Unit Price Qtv Cost LocallnflBtion (+25%) Design, Survey & CEI Curbing & Drainage A Roadway Modifications MILE $1,000,000 0.4 $400.000 $500,000 Concrete Curb & Gutter, Type F LFT $10.80 3,670 $39,636 $49,500 Enclosed Drainage MILE $400,000 0.4 $160,000 $200,000 B. Roadway Reconstruction MILE $2,500.000 0.4 $1,000,000 $1.250.0.00 Curbing & Drainage Subtotal A $599,636 $749.500 $1,124,300 Curhing & Drainage Sub/otal B $/.000,000 $1.250.000 $1.875 000 Sidewalks 6' Width. 1 Side MILE $189,000 0.4 $75,600 $94,500 Sidewalk Subtotal $75.600 $94.500 $141,800 Bike Lanes 5' Width - 2 sides MILE $622.000 0.4 $248,800 $311,000 Bike Lanes Subtotal $248.800 $311.000 $466.500 Street Trees Trees (12'-14' ht.') EACH $400 35 $14.000 $17.500 Sodding, Floratam (Restoration) SYD $3.15 8155 $25.686 $32,100 Irri ation, bubblers to trees EACH $200.00 35 $7.000 $8,800 Street Trees Subtotal $46.688 $58.400 $87.500 Gateway Intersection at Vanderbilt Drive Pavement removal ACRE $9,000.00 0.5 $4,500 $5,600 Reconstruct intersection wI medians EACH $150.000 1 $150,000 $187,500 Bedding Material (Select) CYD $7 40 $292 $400 Brick Pavers SYD $68 900 $60,750 $75.900 Palms (20' HI) EACH $750 20 $15,000 $16.800 Plantings. ground cover SF $1.65 5.800 $9,570 $12.000 Irri ation SF $1.00 5800 $5,800 $7.300 Gateway Subtotal $245.912 $307,400 $461.100 Medians, in place 0' striping Pavement Removal ACRE $9.000 0.25 $2.250 $2,800 Concrete Curb & Gutter, Type F LF $11 2000 $21,600 $27.000 Roamvay modifications - remilling MILE $422.000 0.25 $105.500 $131.900 Bedding Material (Select) CYD $7.30 332 $2.424 $3.000 Palms (20' Ht.) EACH S750 35 $26.250 $32.800 Plantings. ground cover SF $1.65 8950 $14,768 $18.500 Irri ation SF $1.00 8950 $8.950 $11.200 Medians Subtotal $181,741 $227,200 $340,800 Street Lighting (Decorative) Light Pole, Decorative. 100' Spacing. Opposing EACH $1,900 36 $68.400 $85,500 Pole Foundation EACH $585 36 $21.060 $26,300 Luminaire, Special EACH $500 36 $18.000 $22,500 Conduit, 2" Underground LFT $3.37 3670 $12.368 $15,500 Conductors. Insulated, No.6 LFT $0.58 3670 $2.129 $2,700 Pull Boxes (Roadside) (2 per sidestreet) EACH $232 3 $696 $900 Load Center. SecondBrv Vottaae (1 oer 60 Doles) EACH $5,200 1 $5.200 $8,500 Street Lighting Subtotaf $127.853 $159,800 $239,700 Street Furnishings Trash Receptacle EACH $1.200 3 $3.600 $4.500 Pedestrian Bench EACH $2,000 3 $6.000 $7.500 Street Furnishings Subtotal $9.600 $12,000 $18.000 Entry Features Vanderbilt Drive Intersection Monument LSUM $25.000 1 $25.000 $31.300 Entry Features Subtotal $25,000 $31.300 $46,900 Construction Subtotsl A. $1,560,830 $1,951,000 $2,927,000 Construction Subtotal B. $1.g61.1g4 :ti2.451,OUU $3,677,000 Mobi/lzaUon (10%) LSUM $156.083 1 $156.083 $195,100 Traffic Control (5%) LSUM $78.041 1 $78,041 $97.600 Contingencies (15%) LSUM $234.124 1 $234.124 $292,700 Totsl Construction Cost A. $2,029,079 Total Construction Cost B. $2.549,552 $3,187.000 Oes(qn, Survey, GEl (20% of Construction Subtotal) LSUM $312.166 1 I $312,166 I """u.uuu $2,341,245 52,941,791 Bury Utilities FPL MILE $492.960 0.4 $197,184 $197.200 Sprint MILE $116.500 0.4 $46.600 $46,600 Comcast MILE $57,150 0.4 $22.860 $22.900 UUfities Subtotal $266.644 $266.600 $2,607,889 $3.208,435 ,193,000 $3.944,000 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiUer's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the c1esign and construction of the proposed facilities such as irrigation. utility adjustments, and additional right-o'-way for roadway or drainage improvements. 3. Alternative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Alternative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. Vanderbilt Beach Ad DOCS#135142v2 l6J J. Vanderbilt Beach Beautification Study Conceptual Opinion of Cost (Revision #1) Prepared by: Wilson Miller , Inc. Date: 4/2/2004 Vanderbilt Drive - 7080 L.F. (1.3 miles) Plus Mobilization, Traffic Control, Contingencies, DescriDtion Unit Unit Price Qtv Cost Local Inflation (+25%) Design, Survey" eEl Curbing & Drainage A. Roadway Modifications MILE $1,000.000.00 1.3 $1,300,000 $1.625,000 Concrete Curb & Gutter, Type F (west side only LFT $10.80 7.080 $76.464 $95,600 Enclosed Drainage MILE $400,000 1.3 $520,000 $650.000 B. Roadway Reconslruction MILEc $2,500.000.00 1.3 $3.250.000 $4.062.500 Curbing & Drainage Subtotal A. $1.896,464 $2,370,600 $3,555,900 CurtJing & Drainage Subtotal B $3 ?50.000 $4. 06?500 $6,093,800 Sidewalks 5' Width-1 Side (expand existing walk) MILE $157,000 1.3 $204,100 $255,100 Irrigation adjustments SF 0.30 70,800 $21,240 $26.600 Soddina, Floratam (Restoration- 1 side) SYD $3.15 7866 $24,778 $31.000 Sidewalk Subtotal $250,118 $312,600 $469,000 Bike Lanes 5' Width - 2 sides MILE $622.000.00 0 $0 $0 Bike Lanes Subtotal $0 $0 $0 StreetTrees Canopy Trees (12'-14' ht.') EACH $400 90 $36.000 $45,000 Flowering Trees (10-12' ht.) EACH $300 55 $16.500 $20,600 Irrigation, bubblers to trees EACH $200.00 90 $18.000 $22,500 Street Trees Subtotal $70,500 $88, 100 $132,200 Roundabout at Bluebill Construct Roundabout EACH $150,000 1 $150.000 $187,500 Brick Pavers SYD $68 860 $58,480 $73,100 Palms 15' Height, Average EACH $450 25 $11,250 $14,100 Plantings, ground cover SF $1.65 6000 $9.900 $12.400 lrriaation SF $1.00 6000 $6.000 $7,500 Roundabout Subtotal $235,630 $294,500 $441,800 Medians, Interminent Pavement Removal ACRE $9.000 0.1 $900 $1,100 Road Reconstruction MILE $2.500,000 0.03 $75.000 $93,800 Brick Pavers SYD $68 385 $25.988 $32,500 Bedding Material (Select) CYD $7.30 32 $234 $300 Palms 15' Ht. Ave. EACH $450 12 $5.400 $6,800 Plantings, ground cover SF $1.65 850 $1,403 $1,800 lrriaation SF $1.00 850 $850 $1,100 Medians Subtotal (per median) $109,774 $137,200 $205.800 Medians Subtotal (x 7) $768,415 $960,500 $1,440,800 Street Lighting (Decorative) Light Pole, Decorative, 75' Spacing, west side only EACH $1.900 94 $178,600 $223.300 Pole Foundation EACH $585 94 $54,990 $68.700 Luminaire, Special EACH $500 94 $47,000 $58,800 Conduit, 2" Underground LFT $3.37 7080 $23,860 $29,800 Conductors, Insulated, No.6 LFT $0.58 7080 $4,106 $5,100 Pull Boxes (Roadside) (2 per sidestreet) EACH $232 32 $7,424 $9,300 Load Center, Secondary Voltaae (1 per 60 poles) EACH $5.200 2 $10,400 $13,000 Street Lighting Subtotal $326.380 $408,000 $812,000 Street Furnishings Trash Receptacle EACH $1.200 6 $7,200 $9,000 Pedestrian Bench EACH $2.000 6 $12,000 $15,000 Street Furnishings Subtotal $19,200 $24,000 $36,000 Entry Features Bluebill Intersection Monument LSUM $25.000 1 $25.000 $31,300 Entry Features Subtotal $25,000 $31,300 $46,900 Construction Sub/otal A. $3,591,707 $4,490,000 $6,735,000 Construction Subtotal B. $4,945,243 :>6,182,000 $9,273.000 Mobilization (10%) LSUM $359.171 1 $359,171 $449,000 Traffic Control (5%) LSUM $179.585 1 $179,585 $224,500 Contingencies (15%) LSUM $538.756 1 $538.756 $673,400 Total Construction Cost A. $4,669,219 "",t>;>/,UUU Total Construction Cost B. 56.428.816 58.036,000 Desion, Survey, GEl (20% of Construction Subtotal) L5UM $718,341 1 $718,341 I '""",UUU IITotal Construction & Engineering A. $5,387,561 $6,734,000 II IITotal Construction & Enaineering B. 57.417,865 59.272,000 II Bury Utilities FPL (inc. finger streets) MILE $492,960 4.3 $2,119.728 $2,119.700 Sprint MILE $116,500 1.3 $151.450 $151.500 Comcast MILE $57,150 1.3 $74.295 $74.300 Utilities Subtotal $2,345,473 $2,345,500 9,080,OOO 11.618.000 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-of-way for roadway or drainage improvements. 3. Alternative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Alternative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. Vanderbilt Drive WilsOnMiller ,... 161 1. MEMORANDUM TO: Vanderbilt Beach Beautification MSTU Advisory Committee FROM: Dayna Fendrick DATE: 4/1/04 SUBJECT: VBS Revised Opinion of Cost Please note the revised opinion of cost reflects the following calculations and assumptions. 1. The cost for burying the utilities has been revised to delete all of the inflation and contingency factors. The line item Bury Utilities has been moved to the bottom of the table so it is not calculated with the formulas that add the inflation and contingency percentages. The total will reflect the "bare" number that was quoted by FPL. We should be aware that there are other potential costs associated with the burial of utilities that are not covered by FPL - such as restoration of landscape & irrigation that will be damaged on those affected properties during the burial process, and potential survey work to record easements. Since we no longer have any contingencies associated with the utility numbers, we may want to include a line item for these things. 2. The length (miles) shown for FPL on Gulfshore Drive and Vanderbilt Drive has been revised to include the finger streets. The cost per mile has also changed since we are now applying the total of $3.5 million over more miles (see calculations below). 3. The Sprint and Comcast numbers were not changed because it is not clear if their figures included the finger streets or not. Sprint has indicated that many of their services are already underground in that area, and all new services will be underground. CALCULATIONS Bluebill Avenue Vanderbilt Beach Rd. Gulfshore Drive Gulfshore finger streets Vanderbilt Drive Vanderbilt finqer streets 2,685 LF = .5 miles 1,835 LF = .4 miles 6,900 LF = 1.3 miles 3,355 LF = .7 miles 7,080 LF = 1.3 miles 15.445 LF = 2.9 miles TOTAL 7.1 miles $3,500,000/7.1 miles = $492,960 per mile 4/1/2004- 135789 Ver: 01l- DFendrfc CA#43 03036-005-001- LCOR- 27826 WilsDnMiller ... Project ~ PIN _ _ _ _ _-_ _ _-_ _ _ Task/Subtask Calculated by: Date: Checked by: Date: 311 a/tJ1 Sheet of Scale: I / ~M~ M~Nb / tJM HPeNr:>>r r - 1. ~~ ~ 1kas;1rh\S'o -fr1m.- ~ ~;h~ · C{)(17,.~ 1M- t;.1 Y ~ ~ ~'brh t-, - 'J Pr- o br~ ~ p1ttL- ~ jJ, - 1J..,tsf- CA 'd1 ~. ~ ~. ~ff1L. ~ ~Y1ffc4-TPn / CdYt-/e1f- ~ · Dfll1 J'm ot ~ 4-- . P~.t~l'h'/Hl fmn,at- ~ swrv~ ~ , 161 J... VBB MASTER PLAN PRESENTATION OUTLINE MARCH 18, 2004 1. WELCOME/ INTRODUCTION Bob welcome Dick Intro Committee, County, Wilson Miller 2. OVERVIEW WM - explain presentation format & survey exercise Review MSTU district boundaries & 4 main roadways Elements of study What we will present today 3. EXISTING CONDITIONS/ OPPORTUNITIES & CONSTRAINTS Site photos & cross-sections 4. PRELIMINARY ALTERNATIVES 3-4 Slides ea. Road - cross-sections & plan enlargements 5. REVIEW SURVEY & COSTS Explain survey, show example how to fill out 6. WRAP-UP Direct crowd to view boards and ask questions at stations Request they fill out survey & put in box Results to be tabulated & distributed via Community newsletters? Final Master plan to incorporate comments / Invite to Final Presentation April 29 7. QUESTIONS & ANSWERS -INFORMAL AT STATIONS 3/1BJ2004M 135156 Ver. 01!~ DFendric CA#43 03036-005-001- LeOR- 27826 , . , ~ r":j 'f/JdjIl.Jm1;>~p. :I~ . . . . . . . . I 8 I Ii 8 I . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3-Design Solutions 161 1 Traffic Management Techniques Trolley Stops and CrossIM'ks As higher traffic speeds occur in this area, TMTs spaced 400-600 feet apart continue from the Quiet Center into the High Rise Resort area. Primary techniques frame the two activity nodes, reminding motorists that they are in an intensified pedestrian area. Secondary techniques between the activity nodes help maintain slower speeds. The High Rise Roadway Management graphic identifies the specific locations of crosswalks. Primary trolley stops are located within the two activity nodes and one at Albatross Street. A secondary trolley stop is located at Bay Beach Lane. Crosswalks are located in conjunction with TMTs, trolley stops, and the beach access point as shown on the graphic. High Rise - Roadway Management t-" (S 1 -~ o~ ~~ @ -lITOP~ ... llEACH""",," --~"IOOE. .~IC ~~11Q.lrI ~~ HIGH RISE RESORT MY MIlICH LNtE. ~ .i~4> 04> J Estero Boulevard Streetscape Master Plan June 5, 2000 Section 3, Page 17 WilsOnMiller r Speed Counts Analysis 161 14 . Wilson Miller placed bi-directional speed counters at locations on Vanderbilt Drive and Gulfshore Blvd. that were as far as possible from any speed affecting features (cross streets or pedestrian crossing zones). These counters collected hourly data, 24 hours per day, for: · Vanderbilt Drive: Saturday February 7 through Tuesday February 10, 2004; and · Gulfshore Drive: Sunday, February 8 through Tuesday February 10, 2004. On both streets, the maximum hourly volume recorded on the weekend was less than the maximum hourly volume recorded on Tuesday, indicating that mid-week counts are appropriate for gauging peak hour conditions. Figure 1 shows the average speeds between 6 a.m. and 10 p.m. at the two locations, on one weekend day and one midweek day. In general, speeds were slightly higher for most of the day on the mid-week day than the weekend, and slightly higher on Vanderbilt Drive than Gulfshore Drive. In the early morning hours, the number of vehicles counted in each hour is so small that the average speed during the hour is statistically unreliable, being disproportionately influenced by individual speed measurements. The posted speed limit is 25 mph on both roads, so average speeds are consistently above the speed limit throughout the day, though rarely above 30 mph. Figure 1 - Average Speeds 31.0 \ 30.0 29.0 ... :l 0 28.0 :I: ... Q) a. III 27.0 ~ ~ 26.0 25.0 ~. f/ _ 1Il\.A,~(\. ~. . . '.--r-tc _ I - / / i /" /--*" ~ / ----- VB Dr. Sat. . VB Dr. Tues. -~ Gulfshore Sun. Gulfshore Tues. \ /..t(- \.--*' \ ./ 24.0 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 Hour of Day 3/17/2004- 134865 Ver: 01!. GJONES CA#43 03036.005.001. TSAP. 28008 161 1 Figure 2 shows the percentage of vehicles traveling over 30 miles per hour between the hours of 6 a.m. and 10 p.m. at the two locations on one weekend day and one midweek day. The posted speed limit on both facilities is 25 miles per hour. The figure indicates that less than fifty percent of vehicles recorded are traveling more than 5 mph over the posted speed limit. Thus neither road would meet the Collier County transportation department's criterion for traffic calming consideration ("More than 50% of automobiles are driving at least 5 mph over the posted speed limit.") Figure 2 - Percent of Vehicles Traveling over 30 Miles Per Hour 55.0 50.0 45.0 40.0 '. \ . i ... 35.0 '.~ ::8== l: lV U ... lV 30.0 a.. 25.0 20.0 15.0 -- VB Dr. Sat. --- VB Dr. Tues. -..- Gulfshore Sun. -)+- Gulfshore Tues. 10.0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hour of Day 3/17/2004- 134865 Ver: 011- GJONES CA#43 03036-005-001~ TSAP- 28008 'i.,~ r;f.-, fl..,': ~j., \.~"" fJ r":'_ Crash Rates Comparison WilsonMiller compared total crash rates (all types of crashes) at the two signalized intersections in the study area with three intersections outside the study area. Table 1 shows the Collier County count stations needed to provide entering traffic data for the intersections in question. The dummy station is provided for three legged intersections. Note that there was no count data for station 671 in 2001. Table 1 - Average Annual Daily Traffic (AADT) Counts 585 111th Ave North west of Vanderbilt Dr (CR 901) 5,437 4,593 578 Vanderbilt Dr (CR 901) north of 111th Ave North 13,069 10,826 613 111th Ave North east of Vanderbilt Dr (CR 901) 8,347 8,493 632 Vanderbilt Dr (CR 901) south of 111th Ave N 8,348 6,334 671 Immokalee Road south of Corkscrew Sanctuary Road 5,492 724 Oil Well Rd (CR 858) east of Immokalee Rd (CR 846) 6,390 6,667 586 Immokalee Rd (CR 846) south of Oil Well Rd (CR 858) 12,504 14,950 685 Radio Rd (CR 856) west of Davis BII.{j (SR 84) 10,218 9,976 601 Davis BII.{j (SR 84) west of Collier BII.{j (CR 951) 22,830 22,726 560 Davis BII.{j (SR 84) west of Radio Rd (CR 856) 13,747 14,122 633 Vanderbilt Dr (CR 901) north of Vanderbilt Bch Rd (CR 862) 10,791 7,670 524 Vanderbilt Beach Rd (CR 862) west of US 41 (SR 45/Tamiami Tr) 20,389 19,171 583 Gulfshore Dr south of Bayview Dr 6,543 5,961 668 Vanderbilt Beach Rd (CR 862) east of Vineyards Blvd 19,587 18,440 580 Vanderbilt Beach Rd (CR 862) west of Collier BII.{j (CR 951) 11,938 11,421 654 Logan BII.{j south of Vanderbilt Beach Ext.(CR 862) 9,370 10,984 999 Dummy Station 0 0 Table 2 assembles entering traffic volumes where available for the two signalized intersections in the study area (Vanderbilt Drive at 111th Ave. N. and Vanderbilt Drive at Vanderbilt Beach Rd.) along with, (for comparison): · Davis Blvd. at Radio Rd.; · Immokalee Rd. at Oil Well Rd.; and · Vanderbilt Beach Rd. at Logan Blvd. These comparison locations were chosen because they are signalized intersections of two lane roads. The average annual daily traffic (MDT) volumes in each row were collected at the traffic count stations that surround the intersection. Because the MDT volumes reported by the county are two 3115/2004-134719 Ver: 01!-GJONES CA#43 03036-005-001- TSAP- 28008 161 1 r I i way volumes, and because any vehicle moving through an intersection would trigger two tube counts (once entering and once exiting), the sum of the MOTs is halved, to avoid double counting, in calculating the average daily traffic entering volume. Average annual daily traffic is one measure of exposure to conflicting traffic movements. For consistency with other reporting methods, Table 2 also contains the number of accidents per million entering vehicles. Table 2 - Accident Rates Vanderbilt Dri\€ at 111th A\€. N. 578 585 613 632 2001 13069 5437 8347 8348 17,601 6.4 11 1.7 Vanderbilt Dri\€ at 111th A\€. N. 578 585 613 632 2002 10826 4593 8493 6334 15,123 5.5 5 0.9 Vanderbilt Dri\€ at Vanderbilt Beach Rd. 524 583 633 999 2001 20389 6543 10791 0 18,862 6.9 4 0.6 Vanderbilt Dri\€ at Vanderbilt Beach Rd. 524 583 633 999 2002 19171 5961 7670 0 16,401 6.0 5 0.8 Immokalee Road at Oil Well Road 586 671 724 999 2002 14950 5492 6667 0 13,555 4.9 11 2.2 Vanderbilt Beach Road at Logan BII.d. 580 654 668 999 2001 11938 9370 19587 0 20,448 7.5 11 1.5 Vanderbilt Beach Road at Logan BII.d. 580 654 668 999 2002 11421 10984 18440 0 20,423 7.5 19 2.5 Day;s BII.d. at Radio Road 560 601 685 999 2002 14122 22726 9976 0 23,412 8.5 14 1.6 Day;s BII.d. at Radio Road 560 601 685 999 2001 13747 22830 10218 0 23,398 8.5 54 6.3 All Count and Accident Data from Collier County Transportation Department Figure 1 shows the total accidents in one year versus million entering vehicles for the sample intersections. Note the data point in the upper right corner. That is Davis Blvd. at Radio Rd. in 2001. Figure 1 - Accidents versus Million Entering Vehicles 60 . . . . . . . . . 50 J!} 40 c: Q) "C 30 'u o <( 20 10 o 4.0 5.0 6.0 7.0 8.0 9.0 Million Entering Vehicles 3/15/2004-134719 Ver: 01!-GJONES CA#43 03036-005-001. TSAp. 28008 161 1 'i Figure 2 ignores Davis Blvd. at Radio Rd. in 2001 because its accident rate was so unlike the rest of the sample that it may be a reporting error. The linear trend line through the remaining data points is a poor fit (R2=0.25) but that is expected, given the highly variable nature of accident counts from year to year, even at the same site, when all causal factors remain unchanged. The slope of the trend line is positive, as expected, because accidents increase with exposure to conflicting movements. Figure 2 - Accidents versus Million Entering Vehicles / ( 20 18 16 14 J!l 12 l: Q) '0 10 .(3 (J 8 <C 6 4 2 0 4.0 5.0 6.0 y = 2.2101x - 4.7041 R2 = 0.2527 . 7.0 8.0 9.0 Million Entering Vehicles The circled data points are from the intersections in the study area. In three out of four cases, they lie below the trend line, indicating a slightly better than average accident rate. The fourth circled point is just above the trend line, but not enough to suggest there is something inherently unsafe at the intersection. In Figure 3, the bar heights are the number of crashes per million entering vehicles at the same intersection/years. The average rate for this small sample is around 1.5 crashes per million entering vehicles. Note the change in rate at Vanderbilt Drive and 111th Ave. N. between 2001 and 2002, another example of the volatility in accident rates. The average of the rates in the sample is indicated in the chart. The first four bars are for the intersections in the study area, showing again one instance (Vanderbilt Drive at 111th Ave. N. in 2001) where the rate was. slightly above average, and three where it was below average. 3/15/2004-134719 Ver: 01!-GJONES CA#43 03036-005-001. TSAP- 28008 I ~ ~ Figure 3 - Crashes per Million Entering Vehicles ------ 3.0 2.5 Ul 2.0 (I) .c: Ul E 1.5 U 1.0 0.5 I""","il Rates -Average r:::,r:::," r:::,r:::,"v r:::,r:::," r:::,r:::,"v SJ"v Rlr:::," r:::,r:::,"v Rlr:::,"v ~~. ~.~ ~ ~ ~ ~ ~ ~ ~. ~. ~ ~ ~. ~~ ~ ~ o'lf ~ &-" ",s:,v ~0' ~0' (f (f ~ v ",v 'C ~ ' ~ ' ",0'1f ",0'1f _\~~0 !f &0 ,,~ ,,~ v ~v ~...' v(JJ VO ",-'If ,," ,," .~ iJ~ o~ ~ ~ ~ '" ~ ~ , ~ ~ ~ ~ ~ <:)~-40 <:/0 -4rf' -4~<;< o~~ ~o ~o 0/ . . ~ ~ ~ , (f P i!? >.01!:> . ,,0 . ,,0 lite; <Q0 <Q0'1f <:)~ ~0 u <::f ~<::f (f .~ .~ -4~<;< -4~<;< ri>~ ri>~ If':'~ 01!:> ~01!:> ~0 ~0 ~ ~0~ \~<;< -4~<;< -4~<;< ~...., Location & Year In conclusion, at the two signalized intersections in the study area for which accident counts and comparative sites are available, the accident rates do not suggest anything inherently unsafe condition. 3/15/2004-134719 Ver: 01!-GJONES CA#43 03036-005-001- TSAp. 28008 161 l~ Vanderbilt Drive at Vanderbilt Beach Road Intersection level of Service Wilson Miller analyzed the performance of the intersection of Vanderbilt Drive with Vanderbilt Beach Road using the 2004 PM peak hour turning movements reported earlier. In its current geometry, this intersection provides acceptable level of service, with minimal delay for all approaches (average 12.2 seconds). The southbound traffic shares a single lane entering the intersection, and the average delay for these vehicles, under optimal signal timing, is 21.3seconds, which equates to level of service C. Southbound queues exceed 88 feet fifty percent of the time during the peak hour. If a short right turn lane is provided for southbound entering vehicles, the overall delay for the intersection changes minimally (12.2 seconds to 11.9), the average delay for all southbound traffic changes from 21.3 to 15.7 seconds. The queue of through and left turners exceeds 86 feet fifty percent of the time. For that reason, a right turn lane would have to be at least that long to allow right turners to enter it behind the back of the through/left queue half of the time. With a right turn lane any shorter than 86 feet, right turners will find access to the turn lane blocked by the queue of through and left turn traffic over fifty percent of the time, and have to wait to make their right turn on the green light, as they do now. Investment in a turn lane is normally made to relieve a serious delay problem at an intersection. The overall good level of service at this intersection would not normally make it a candidate for this type of investment, but that said, there is marginal benefit achievable through the installation of a short southbound right turn lane. 3/16/2004- 135056 Ver: 01!- GJONES CA", 03036-005-001- TSAP- 28008 3J16/2004~ 135056 Ver: 01!~ GJONES CA#43 03036-005-001- TSAP- 28008 2004 PM Peak Hour Existing Geometry J.6 j 1." 161 1., 2004 PM Peak Hour Existing Geometry 3: Vanderbilt Beach Rd. & Vanderbilt Drive Page 1 Q:\ENG\,03036-005-001 \Synchro\VB Dr at VB Rd 2004 PM Peak.sy6 JI- ... .,. .f ... "-. " t ~ '-.. 1 .' l...aneGrQ\Jp E8l EBT EBR WBl WBT WBR NBl NBT NBR sal SBr SBR Lane Configurations 'I t. 'I f rr -4 t 4> Ideal F101l~ (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (tt) 100 0 100 400 0 30 0 0 Storage Lanes 1 0 1 1 0 1 0 0 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.850 0.850 0.971 FIt Protected 0.950 0.950 0.962 Satd. Flow (prot) 1770 1863 0 1770 1863 1583 0 1863 1583 0 1740 0 Fit Permitted 0.205 0.514 0.773 Satd. Flow (perm) 382 1863 0 957 1863 1583 0 1863 1583 0 1398 0 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 515 7 27 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Linl< Speed (mph) 30 30 30 30 Linl< Distance (tt) 384 615 192 510 Travel Time (s) 8.7 14.0 4.4 11.6 Volume (vph) 76 392 0 9 428 474 0 1 6 260 0 73 Peal< Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 83 426 0 10 465 515 0 1 7 283 0 79 Lane Group Flow (vph) 83 426 0 10 465 515 0 1 7 0 362 0 Turn Type pm+pt Perm Perm Perm Perm Perm Protected Phases 7 4 8 2 6 Permitted Phases 4 8 8 2 2 6 Minimum Split (s) 11.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split (s) 11.0 33.0 0.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 0.0 Total Split(%) 20% 60% 0% 40% 40% 40% 40% 40% 40% 40% 40% 0% Maximum Green (s) 7.0 27.0 16.0 16.0 16.0 16.0 16.0 16.0 16.0 16.0 Yellow Time (s) 3.5 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time (s) 0.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 LeadiLag Lead Lag Lag Lag Lead-Lag Optimize? Yes Yes Yes Yes Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Wall< (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls (#ihr) 0 0 0 0 0 0 0 0 0 Act Effct Green (s) 29.0 29.0 18.0 18.0 18.0 18.0 18.0 18.0 Actuated giC Ratio 0.53 0.53 0.33 0.33 0.33 0.33 0.33 0.33 vie Ratio 0.22 0.43 0.03 0.76 0.60 0.00 0.01 0.76 Uniform Delay, d1 6.4 8.0 12.5 16.6 0.0 12.0 0.0 15.2 Delay 6.6 8.3 12.9 20.9 2.0 12.0 8.2 21.3 LOS A A 8 C A 8 A C Approach Delay 8.1 11.0 8.6 21.3 Approach LOS A 8 A C Queue Length 50th (tt) 12 77 2 134 0 0 0 88 Queue Length 95th (tt) 29 133 11 #264 55 3 0 #220 I nte rn a I Li nk D ist (tt) 304 535 112 430 50th Up Blodt: Time (%) 95th Up Blodt: Time (%) Synchro 5 Report 3/16/2004- 135056 Vel Page 1 ~~~;6'005.001' TSAp. <vvv~i Iso n nap 1-st51 -----~, 2004 PM Peak Hour Existing Geometry 3: Vanderbilt Beach Rd. & Vanderbilt Drive Q:\ENG\03036-005-001 \Synchro\VB Dr at VB Rd 2004 PM Peak.sy6 ..J' .... " ., -- ......"' f Lane Group EBL EBT EBR WBL WBT WBR NBL NBT Turn Bay Length (it) 100 100 400 50th 8ay 810d< Time % 25% 95th 8ay 810d< Time % 20% 46% Queuing Penalty (veh) 8 3 Intersection. Summary Area Type: Other Cycle Length: 55 Actuated Cycle Length: 55 Offset: 0 (0%), Re1erenced to phase 2:N8TL and 6:S8TL, Start 01 Green Natural Cycle: 55 Control Type: Pretimed Maximum vIe Ratio: 0.76 Intersection Signal Delay: 12.2 Intersection LOS: 8 Intersection Capacity Utilization 67.9% ICU Level 01 Service 8 '# 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after b.o\Io cycles. 3: Vanderbilt 8each Rd. & Vanderbilt Drive 161 1. Page 2 I' ',. ~ .' NBR SBL SBT SBR 30 ....... a4 ",J. ,,7 1- il3 311612004. 135056 Var. 01!. GJONES CA#43 03036.005.001. TSAP. 26008 3/16/2004- 135056 Ver: 01!- GJONES CA#43 03036-005-001- TSAP- 28008 161 1.1 2004 PM Peak Hour Add Southbound Right Turn Lane 2004 PM Peak Hour Add Southbound Right Turn Lane 161 1.. 3: Vanderbilt Beach Rd. & Vanderbilt Drive Page 1 Q:\ENG\03036-005-001 \Synchro\VB Dr at VB Rd 2004 PM Peak SB RT.sy6 ..J. .... .,. "'" .... "-. "' f ~ ',. ~ .' Lane Group EBL E8T E8R W8L W8T W8R NBL N8T NBR S8L S8T S8R Lane Configurations Ii , Ii f '(l 4 '(l 4 l' Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 100 0 100 400 0 30 0 50 Storage Lanes 1 0 1 1 0 1 0 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frt 0.850 0.850 0.850 Fit Protected 0.950 0.950 0.950 Satd. Flow (prot) 1770 1863 0 1770 1863 1583 0 1863 1583 0 1770 1583 Fit Permitted 0.188 0.514 0.757 Satd. Flow (perm) 350 1863 0 957 1863 1583 0 1863 1583 0 1410 1583 Right T urn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 515 7 74 He a dlAJay Facto r 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 30 30 Link Distance (ft) 418 620 192 521 Travel Time (s) 9.5 14.1 4.4 11.8 Volume (vph) 76 392 0 9 428 474 0 1 6 260 0 73 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 83 426 0 10 465 515 0 1 7 283 0 79 Lane Group Flow (vph) 83 426 0 10 465 515 0 1 7 0 283 79 Turn Type p m+ pt Perm Perm Perm Perm Perm Perm Protected Phases 7 4 8 2 6 Permitted Phases 4 8 8 2 2 6 6 Minimum Split (s) 14.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Total Split (s) 14.0 37.0 0.0 23.0 23.0 23.0 23.0 23.0 23.0 23.0 23.0 23.0 Total Split (%) 23% 62% 0% 38% 38% 38% 38% 38% 38% 38% 38% 38% Maximum Green (s) 10.0 31.0 17.0 17.0 17.0 17.0 17.0 17.0 17.0 17.0 17.0 Yellow Time (s) 3.5 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 All-Red Time (s) 0.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Lead/Lag Lead Lag Lag Lag Lead-Lag Optimize? Yes Yes Yes Yes Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls (#/hr) 0 0 0 0 0 0 0 0 0 0 Act Effct G re e n (s) 33.0 33.0 19.0 19.0 19.0 19.0 19.0 19.0 19.0 Ac.1uated g/C Ratio 0.55 0.55 0.32 0.32 0.32 0.32 0.32 0.32 0.32 vIe Ratio 0.19 0.42 0.03 0.79 0.60 0.00 0.01 0.63 0.14 Uniform Delay, d1 6.4 7.9 14.1 18.7 0.0 14.0 0.0 17.5 0.9 Delay 6.5 8.2 14.4 24.1 2.1 14.0 9.0 18.7 5.1 LOS A A B C A B A B A Approach Delay 7.9 12.5 9.6 15.7 Approach LOS A B A B Que u e Le n gth 50th (ft) 13 81 2 151 0 0 0 86 0 Queue Length 95th (ft) 29 136 11 #289 59 3 0 #160 24 Internal Link Dist (ft) 338 540 112 441 50th Up Blocl< Time (%) 95th Up Blocl< Time (%) Synchro 5 Report 3/16/2004-135056 Ver: 01!-GJONES CA#43 03036-005-001- TSAP- 28008 ."...._-".---_."~~"-_.- 2004 PM Peak Hour Add Southbound Right Turn Lane 3: Vanderbilt 8each Rd. & Vanderbilt Drive Q:\ENG\03036-005-001 \8ynchro\V8 Dr at V8 Rd 2004 PM Peak 88 RT.sy6 ~ ~ ~ ~ ~ ,~ f ~ Lane Group E8L EBT EBR WBL WeT W8R NBL NBT NBR Turn Bay Length (ft) 100 100 400 30 50th Bay Blodt: Time % 2% 30% 95th Bay Blodt: Time % 19% 49% Queuing Penalty(veh) 8 4 Inters:ection Summary Area Type: other Cycle Length: 60 Actuated Cycle Length: 60 Offset: 0 (0%), Re1erenced to phase 2:NBTL and 6:SBTL, Start 01 Green Natural Cycle: 60 Control Type: Pretimed Maximum vlc Ratio: 0.79 Intersection Signal Delay: 11.9 Intersection LOS: B Intersection Capacity Utilization 63.1% ICU Level 01 Service B #- 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. 3: Vanderbilt Beach Rd. & Vanderbilt Drive 04 ,,7 ..... IlI3 3/16/2004- 135056 Ver: 01!- GJONES CA#43 03036-005-001- TSAP- 28008 161 1. Page 2 'to ~ ~ SBL SBT SBR 50 35% 50% 33 Vanderbilt Beach Beautification Study Opinion of Construction Costs DRAFT Prepared by: Date: WilsonMiller, Inc. 3/17/2004 Bluebill Avenue 1 . Tocal inflatIOn Description Unit Unit Price Qty Cost (+25%) General Items Clearinq & Grubbing (Incl all Pvmt Removal) ACRE $9,000.00 0 $0.00 $0.00 General Items Subtotal $0.00 $0.00 Curbing & Drainage Concrete Curb & Gutter, Type F LFT $10.80 4920 $53,136.00 $66,420.00 Enclosed Drainage MILE $400,000.00 0.5 $200,000.00 $250,000.00 Curbing & Drainage Subtotal $253,136.00 $316,420.00 Sidewalks Bike Lanes Bike Lane per Mile, 5' both sides MILE $622,000.00 0.25 $155,500.00 $194,375.00 Bike Lanes Subtotal $155,500.00 $194,375.00 Street Trees (Palm Grove) Palms (15' avg.') EACH $450.00 165 $74,250.00 $92,812.50 Sodding, Floratam (Restoration) SYD $3.15 8,890 $28,003.50 $35,004.38 Irrigation SF $1.00 52,000 $52,000.00 $65,000.00 Street Trees Subtotal $154,253.50 $192,816.88 Roundabout Construct Roundabout @ Vanderbilt Dr. EACH $150,000.00 1 $150,000.00 $187,500.00 Roundabout Subtotal $150,000.00 $187,500.00 Medians Road Reconstruction MILE 2500000 0.25 $625,000.00 $781,250.00 Pavement Removal ACRE 9000 1 $9,000.00 $11,250.00 Bedding Material (Select) CYD $7.30 795 $5,803.50 $7,254.38 Canopy Trees (12-14') EACH $400.00 20 $8,000.00 $10,000.00 Flowering Trees, 10-12' EACH $300.00 50 $15,000.00 $18,750.00 Sodding, Floratam (Restoration) SYD $3.15 1,910 $6,016.50 $7,520.63 Irrigation SF $1.00 21,500 $21,500.00 $26,875.00 Plantings, ground cover SF $1.65 4,300 $7,095.00 $8,868.75 Medians Subtotal $697,415.00 $871,768.75 Street Lighting (Decorative) Light Pole, Decorative, 100' Spacing, Opposir EACH $1,900.00 54 $102,600.00 $128,250.00 Pole Foundation EACH $585.00 54 $31,590.00 $39,487.50 Luminaire, Special EACH $500.00 54 $27,000.00 $33,750.00 Conduit, 2" Underground LFT $3.37 5370 $18,096.90 $22,621.13 Conductors, Insulated, NO.6 LFT $0.58 5370 $3,114.60 $3,893.25 Pull Boxes (Roadside) (2 per sidestreet) EACH $232.00 0 $0.00 $0.00 Load Center, Secondary Voltage (1 per 60 poles) EACH $5,200.00 1 $5,200.00 $6,500.00 Street Lighting Subtotal $187,601.50 $234,501.88 161 DOCS #135142 $7,200.16 1100 f Street Furnishings Trash Receptacle EACH $1,200.00 6 Pedestrian Bench EACH $2,000.00 6 $12,000.00 $15,000.00 Transit Shelter EACH $10,000.00 0 $0.00 $0.00 Street Furnishings Subtotal $19,200.00 $24,000.00 Bury Overhead Utility Lines FPL MILE $1,000,000.00 0.5 $500,000.00 $625,000.00 Sprint MILE $116,500.00 0.5 $58,250.00 $72,812.50 Comcast MILE $57,150.00 0.5 $28,575.00 $35,718.75 Utilities Subtotal $500,000.00 $625,000.00 Entry Features Monument @ Gulfshore Dr. Intersection LSUM $10,000.00 1 $10,000.00 $12,500.00 Pavement Removal ACRE $9,OOOOOC 0.05 $450.00 $562.50 Brick Pavers SYD $67.50 500 $33,750.00 $42,187.50 Entry Features Subtotal $44,200.00 $55,250.00 Bridge Gateway Enhancement Monuments EACH $5,000.00 4 $20,000.00 $25,000.00 Palms, 15' ht avg. EACH $450.00 70 $31,500.00 Irrigation SF $1.00 25,000 $25,000.00 Embankment Plantinqs west side SF $1.65 25,000 $41,250.00 $51,562.50 Bridge Gateway Enhancement Subtotal $117,750.00 $147,187.50 Crosswalks Brick Pavers, Architectural SYD $67.50 0 $0.00 $0.00 Traffic Stripe, 6" White LFT $0.18 0 $0.00 $0.00 Siqn, Sinqle Post (4 per crosswalk) EACH $450.00 0 $0.00 $0.00 Crosswalks Subtotal $0.00 $0.00 Construction Subtotal $2,279,056.00 $2,848,820.00 Mobilization (10%) LSUM $227,905.60 1 $227,905.60 $284,882.00 Traffic Control (5%) LSUM $113,952.80 1 $113,952.80 $142,441.00 Conungencies(15%) LSUM $341,858.40 1 $341,858.40 $427,323.00 Total Construction Cost $2,962,772.80 $3,703,466.00 Design, Survey, CEI (20%) LSUM $592,554.56 1 $592,554.56 $740,693.20 ITotal Construction & Engineering I $3,555,327.36 I $4,444,159.20 1. Unit costs derived from FDOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-of-way for roadway or drainage improvements. DOCS #135142 10.1. . _l 1 I: Draft Vanderbilt Beach Beautification Prioritization Exercise Do you own property within the Vanderbilt Beach Municipal Services Taxing Unit district depicted below? Yes_ No_ Are you a resident of the Vanderbilt Beach Municipal Services Taxing Unit depicted below? Yes_ No_ Please provide the following information: Name: Address: Phone#: The following pages contain a listing of streets and items under each street, which may be included in the beautification of these streets. In order for the project team to understand your thoughts on the importance of each item for each street, please rank each one from 1 to 10 with 1 being your highest priority. Feel free to write additional comments if it is helpful to clarify your priorities. Thank you for your participation in this important project. 3/17/2004.134453 Ver: 01!- NFERNAND CA#43 f'\":ln"l!&<:_nnc:: f'\n~ I U'M .....,.0.,"7 161 1 , Bluebill Ave. (2,685 LF) .::t:. c Item Cost Range Comments Ctl 0::: Curbing & drainage Bike lanes Street trees/palms Landscaped medians Decorative streetlights Street furnishings Entry features/monuments Gateway enhancement at bridge Gulfshore Dr. (6,905 LF) ..::.::: c Item Cost Range Comments co 0:: Curbing & drainage Sidewalk on the east side Street trees Burial of overhead utility lines Landscaped medians (intermittent) Decorative streetlights Seating/trolley shelter Street furnishings Entry features/monuments Additional comments: 3/17/2004- 134453 Ver: 011. NFERNAND CA#4' ~ Vanderbilt Dr. (7,080 LF-south of Bluebill Ave.) ..x:: c Item Cost Range Comments Ctl 0:: Curbing & Drainage (west side only) Expand sidewalk to 10' multi-use path Street trees Burial of overhead utility lines Medians (intermittent) Roundabout: intersection of Bluebill Ave. Decorative streetlights Street furnishings Entry features/monuments Vanderbilt Beach Rd. (1,835 LF) ..x:: c Item Cost Range Comments Ctl 0:: Curbing & drainage Bike lane Street trees Burial of overhead utility lines Landscaped medians (in place of stripinq) Roundabout: intersection of Gulfshore Dr. Decorative streetlights Street furnishings Entry features/monuments Additional comments: 3/17/2004- 134453 Ver: 01'- NFERNAND CA#43 t"l"n~~ nAl'; (\('\1 I UI'" ")70")'" 1,6J 1 j~ Draft Prioritization Exercise for Vanderbilt Beach Beautification Meeting Objective The objective of this public workshop is to present and explain the preliminary alternatives to the VBB MSTU community in order to determine the community's priorities with regard to beautification improvements, given the cost and time involved. The VBB MSTU can accommodate a 10 Year Plan with a maximum cost of $5 million. This survey will help the project team to identify a preferred scenario based on your community's priorities. Instructions: The following tables indicate the designated streets and a listing of improvements which may be included in the beautification of each street. Given that your MSTU has a $5 million budget for a 10 Year Plan, please place a check mark by your preferred beautification improvements. Your preferred beautification improvements for all streets combined are not to exceed $5 million. Feel free to write additional comments if it is helpful in clarifying your selections. Thank you for your participation in this important project. Bluebill Ave. (2,685 LF) ./ Improvements Estimated Comments Cost Bike lanes $583,100 Street trees/palms $271,400 Roundabout at Gulfshore Dr. $384,700 Landscaped medians including $1,307,700 curbing & drainage Decorative streetlights $351,800 Street furnishings $36,000 Burial of overhead utilities $1,100,300 Entry features (Gulfshore Dr. $46,900 intersection monument) Gateway enhancement at bridge $220,800 161 1. Gulfshore Dr. (6,905 LF) ./ Improvements Estimated Comments Cost Curbing & drainage $4,892,900 Sidewalk on the east side $524,100 Street trees $309,400 Roundabout at Vanderbilt Beach $396,800 Rd. Landscaped medians $3,132,000 (intermittent) Decorative streetlights $905,100 Street furnishings $60,000 Burial of overhead utility lines $2,860,800 Entry features/monument $46,900 Vanderbilt Dr. (7,080 LF-south of Bluebill Ave.) ./ Improvements Estimated Comments Cost Curbing & Drainage (west side only) $4,824,850 Expand sidewalk to 10' multi-use $469,000 path Street trees $132,200 Roundabout at Bluebill Ave. $441,800 Medians (intermittent) $1,440,800 Decorative streetlights $612,000 Street furnishings $36,000 Burial of overhead utility lines $2,860,800 Entry features (Bluebill intersection $46,900 monument) ,161 lJ, Vanderbilt Beach Rd. (1,835 LF) -/ Improvements Estimated Comments Cost Curbing & drainage $1,499,650 Sidewalks $141,800 Bike lanes $466,500 Street trees $87,500 Gateway intersection at Vanderbilt Dr. $461,100 Landscaped medians (in place of $340,800 striping) Decorative streetlights $239,700 Street furnishings $18,000 Burial of overhead utility lines $880,200 Entry features (Vanderbilt Dr. $46,900 intersection monument) 16J J.. Do you own property within the Vanderbilt Beach Municipal Services Taxing Unit district depicted below? Yes_ No_ Are you a resident of the Vanderbilt Beach Municipal Services Taxing Unit depicted below? Yes_ No_ ttf"-- ---, ~ :. r' '! \ :1 \ ~MSTU BOUNDARY \ l \ :\ IUIE....._UE ftlTll _ _ \ \ OW'~ \ IIElICO \ I I I I ~ I I I -......~ ~~ r; ~ I i --- Please provide the following information: Name: Address: Phone#: 161 1 IiI ~ ! ~ .. ~ < < m G> en (J'1-i I>> I>> 2" I: - >,< II 3a :J :J (J) ::;; CD i * 0. 0. =e!. 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CD 8 e!. e!. e!. e!. :J 0 a 0 a Q) - - 3 I: I: I: I: =:!. 3 5t ~ s: s: 0 0 ;::;: ;::;: ;::;: ;::;: () 0. CD' CD' CD' CD' I>> en en en en - .. (J) - ::r (J) .. r ~ ~ ~ ~ I\) ~ I\) ~ ~ ~ ..... ~ () 8 0 ..... 0 (j) W t.J 'Q) CA ex> ...... 8 0 8 8 8 0 WiI.nMiller 161 1 MEMORANDUM TO: VSS MSTU Advisory Committee members Sob Petersen, Collier County FROM: Dayna Fendrick, WilsonMiller DATE: 3/22/04 SUBJECT: VSS Master Plan Conceptual Opinion of Cost Please note the following assumptions/ clarifications regarding the Conceptual Opinion of Cost: 1. There are two alternative prices shown for the curbing & drainage improvements. One is the best case scenario "A" (shown in black) the other is the worst case scenario liS" (shown in blue). We have opted to show the two prices because there are many different methods and techniques that may be utilized to implement the curbing & drainage, and it is unknown at this time which method may be the most appropriate and permittable for the project. The "A" scenario represents an approach that assumes minor modifications could be made to the existing roadway, curbing added and existing swales could be utilized. The "S" scenario assumes that the entire roadway would have to be reconstructed to meet today's standards for water quality treatment and elevation of road base. This is a possibility because adding curb and gutter triggers the involvement of the South Florida Water Management District, whose standards are more stringent today than when these roads were built. If you would like more detail on the road construction issues, I would be happy to invite one of our roadway engineers to the next committee meeting. For the community survey, I suggest we use the average of the A and S price. 2. The column entitled II Local Inflation" allows for the following cost factors: . The cost figures are taken from 2002-2003 averages, and inflation has occurred since then. . The state costs are derived from very large projects, and we may not have the same economy of scale. . Our local construction costs tend to be a bit higher than the state average. 3. On Sluebill Avenue, it is assumed that the curbing & drainage would only be implemented if we were also doing the medians. Therefore the price for Curbing & Drainage is included under the Median item, at the higher roadway reconstruction price "S". 161 1 , J 'Page 2 VBB Master Plan Conceptual Opinion of Cost Memorandum 4. On the other three roads, the median implementation could take place independently of the curbing & drainage, therefore roadway modifications have been shown under Medians as well as under Curbing & Drainage. If the medians were implemented at the same time as the curbing & drainage, we could realize a cost savings equal to the amount of roadway modifications listed under the Median item. 4. While restoration of Floratam sod is shown on the edges of the right-of-way (under Street Trees), it is assumed that the irrigation for the sod would be provided by the adjacent property owners. The only MSTU-provided irrigation on the edges is assumed to be limited to bubblers to the trees. 5. Gavin is checking into the status of the plans that County Transportation may have for Bluebill Avenue. At of the time of this memo, we have not heard back yet with a definitive answer, so we have included the improvements of Bluebill in the opinion of cost. If we find later that the County has Bluebill scheduled for improvement, we will back out the costs associated with that roadway. We will plug in these figures to the 3 example scenarios we discussed for the 10 year plan, and see if any adjustments need to be made. We will email those scenarios to you as soon as we complete them. Thank you Sprint MILE Comeast MILE utilities Subtotal Entry Features Bluebill Intersection Monument LSUM Entry Features Subtotal Construction Sublotal A. -----------------~~uction~u~/-B. Mobilization (10%) Traffic Control (5%) Contingencies (15%) 1.6 J 11 '1te.(iOO 857, tlO 1.3 1.3 $151,450 $74,295 _ _ _ _ _~1_,~~~!.7~?_ $25,000 1 $25,000 $25,000 $5,117,452 ------------- $6,470,988 LSUM LSUM LSUM $511,745 $255.873 $187,618 1 1 1 $511,745 $255,873 $767,618 Total Construction Cost A. $6,652,688 I 1 $8,412,285 - .......:....._ _._ ~ 1..... _.;.. _.......... _ _ _ _ _ _._ _ _:.;.. _ _.._.._,._ _ . _ _ _ _ _ _ _ _ _ _ _ __ De8Ign, SIIWY, CE1(2O%ofConstructlon LSUM .1,023,490l 1 $1,023,490 ---------------------------------~~!~----------------------- ----------------------- Total Construction & Engineering A. Total Construction & Engineering B. 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-of-way for roadway or drainage improvements. 3. Altemative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Altemative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. $7,676,1 $9, 706,~ 16 . , 1 ;;.~. j Curbing & DraInage Subtotal B. $3,250,000 Sidewalks 5' Wldth-1 Side (expand existing walk) MILE '1$7.~ 1.3 $204,100 Irrigation adjustments SF O.M 70,800 $21,240 Sodding, Floratam (Restoration - 1 side) SYD $3.15 7866 $24,778 Sidewalk Subtotal $250,118 Bike Lanes 5' WIdth - 2 sides MILE $622,000.00 0 $0 Bike Lanes Subtotal $0 Street Trees Canopy Trees (12'-14' ht.1 EACH - 90 $36,000 Flowering Trees (10-12' ht.) EACH .. 55 $16,500 Irrigation, bubblers to trees EACH $200.00 90 $18,000 Street Trees Subtotal $70,500 Roundabout at Bluebill Construct Roundabout EACH 1 $150,000 Brick Pavers SYD 860 $58,480 Palms 15' Height. Average EACH 25 $11,250 Plantings. ground cover SF $1.65 6000 $9,900 Irri ation SF $1.00 6000 $6,000 Roundabout Subtotal . _ _ _ _ ~~~P!.~~o.._ Medians, IntenniUent Pavement Removal ACRE 0.1 $900 Road Reconstruction MILE 0.03 $75,000 Brick Pavers SYD 385 $25,988 Bedding Material (Select) CYD $7.30 32 $234 Palms 15' Ht. Ave. EACH .... 12 $5,400 Plantings, ground cover SF $1.65 850 $1 ,403 Irrigation SF $1.00 850 $850 Medians Subtotal (per median) $109,774 Medians Subtotal (x 7) . - - - - Sitft{41S- Street Lighting (Decorative) Light Pole. Decorative, 75' Spacing, west side EACH 94 $178,600 only Pole Foundation EACH 94 $54,990 Luminaire, Special EACH 94 $47,000 Conduit, r Underground LFT $3.37 7080 $23,860 Condudors, Insulated, NO.6 LFT $0.58 7080 $4,106 Pull Boxes (RoadSide) (2 per sldestreet) EACH .W2 32 $7,424 Load Center, Secondary Voltage (1 per 60 poles) EACH ...200 2 $10,400 Street Ughting Subtotal _ _ _ _ _ _$~~~!. ~8..o.. _ Street Furnishings Trash Receptacle EACH It~ 6 $7,200 Pedestrian Bench EACH ...;110 6 $12,000 Street Furnishings Subtotal $19,200 Bury Utilities FPL MILE $1;000.100 $1,300,000 Total Construction Cost A. Total Construction Cost B. ~6J 1 ~39,37i "",159,85C I Design, Survey, CEI (209(, of COnstruction I LSUM '.~osel 1 $406,058 ________________________________~~J_______________~___ __ _______________________ Total Construction & Engineering A. Total Construction & Engineering B. 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-of-way for roadway or drainage improvements. 3. Altemative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Altemative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. Vanderbilt Beach Beautification Study Conceptual Opinion of Cost Vanderbilt Drive. 7080 L.F. (1.3 miles) Description Curbing & Drainage A. Roadway Modifications Concrete Curb & Gutter, Type F (west side only) Enclosed Drainage B. Roadway Reconstruction Curbing & Drainage Subtotal A. Unit Unit Price Qty MILE $1 ,000,000.00 1 .3 LFT $10.80 7,080 MILE .f4OIOIO 1 .3 .......', ',. MILE .t_._~1b 1 .3 I $3,04! $3,64! Prepared D. Cost $1,300,000 $76,464 $520,000 $3,250,000 $1,896,464 Gateway Intersection at Vanderbilt Drive Pavement removal Reconstruct intersection wI medians Bedding Material (Select) Brick Pavers Palms (20' Ht) Plantings, ground cover Irri alion Gateway Subtotal Medians, in place of striping Pavement Removal Concrete Curb & Gutter, Type F Roadway modiftcations - remlUing Bedding Material (Select) Palms (20' Ht.) Plantings, ground cover Irrigation Medians Subtotal Street Lighting (Decorative) Light Pole, Decorative, 100' Spacing, Opposing Pole Foundation Luminalre, Special Conduit, 2" Underground Conductors, Insulated, No. 6 PuU Boxes (Roadside) (2 per sidestreet) Load Center, Secondary Voltage (1 per 60 poles) Street Lighting Subtotal Street Furnishings Trash Receptacle Pedestrian Bench Street Furnishings Subtotal Bury Utilities FPL Sprint Comcast utilities Subtotal ACRE EACH CYO SYO EACH SF SF ACRE LF MILE CYO EACH SF SF EACH EACH EACH LFT LFT EACH EACH EACH EACH MILE MILE MILE Entry Features Vanderbilt DrIve Intersection Monument LSUM Entry Features Subtotal Construction Subtotal A. - - - - - - - - - - - - - - - - - Co,;siiiiiitiOii SUbiOj,ij B. MobIlIzation (1fYJ6) LSUM Traffic Control (5") LSUM ContingencIes (15") LSUM 161 $9,000.00 '1..(100 .$7 *" $150 $1.65 $1.00 $9,000 $11 $422,000 $1.30 $750 $1.65 $1,,00 $1,900 $585 $500 $3.31 $0.58 $232 $5,200 $1,200 $2,000 0.5 1 40 900 20 5,800 5800 0.25 2000 0.25 332 35 8950 8950 36 36 36 3670 3670 3 1 U'i" .~; $4,500 $150,000 $292 $60,750 $15,000 $9,570 $5,800 _ _ _ _ _ _ ~?~?,J~..1_2_ $2,250 $21,600 $105,500 $2,424 $26,250 $14,768 $8,950 _ _ _ _ _ _ ~!~!,-",-_4..1_ $68,400 $21 ,060 $18,000 $12,368 $2,129 $696 $5,200 _ _ _ _ _ _ ~!?!,_8..~_ 3 3 $3,600 $6,000 $9,600 $25,000 0.4 0.4 $400,000 $46,600 $22,860 $469,460 1 $25,000 $25,000 $2,030,29l. ------------- $2,430,6lM 1 1 1 $203,029 $101,514 $304,543 161 1 the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right-of-way for roadway or drainage improvements. 3. Alternative B Total Construction and Total Construction & Engineering Totals are derived the same way as for Alternative A but the individual items (Mobilization, Traffic Control, etc.) are not shown. Vanderbilt Beach Beautification Study Conceptual Opinion of Cost Prepan Vanderbilt Beach Rd. -1836 L.F. - (.4 miles) Description Unit Unit Price Qty Cost Curbing & Drainage A. Roadway Modifications MILE $1,OCIO,GQO 0.4 $400,000 Concrete Curb & Gutter, Type F LFT $10.80 3,670 $39,636 Enclosed Drainage MILE ~~Qff 0.4 $160,000 B. Roadway Reconstruction MILE ..500;_ 0.4 $1,000,000 CurlJing & Drainage Subtotal A. $599,636 CurlJing & Drainage Subtotal B. - - - - - -i1~OOO,000 Sidewalks 6' Width-1 Side MILE $'.,,000 0.4 $75,600 Sidewalk Subtotal $75,600 Bike Lanes 5' Width - 2 sides MILE 0.4 $248,800 Bike Lanes Subtotal $248,800 Street Trees Trees (12'-14' ht.') EACH 35 $14,000 Sodding, Floratam (Restoration) SYD 8155 $25,688 Irrigation, bubblers to trees EACH 35 $7,000 Street Trees Subtotal $46,688 Bedding MateriaJ (Select) Palms 15' Ht. Ave. Planting Irrigation Medians Subtotal (per median) Medians Subtotal (x 10) Street Lighting (Decorative) Light Pole, Decorative, 100' Spacing. Opposing Pole Foundation Luminalre, Special Conduit. 2" Underground Conductors, Insulated, No.6 PuU Boxes (Roadside) (2 per sidestreet) Load Center. secondary Voltage (1 per 60 poles) Street Ughting Subtotal Street Fumishings Trash Receptade Pedestrian Bench Street Furnishings Subtotal Bury Utilities FPL Sprint Comeast utilities Subtotal Entry Features VBR Intersection Monument Entry Features Subtotal Total Construction Cost A. CYD EACH SF SF EACH EACH EACH LFT LFT EACH EACH EACH EACH MILE MILE MILE LSUM 161 1 $7.30 ... $1.65 $1.00 $1,tIO .. .. $3.37 $0.58 ~ $6.200 $1.2GO .~OOO $1.,QOO,OQO $11'~JOO .7.150 $2$,000 $198.109 . $$1'.014 $9S4~ 1. 32 10 850 850 138 138 138 13800 13800 3 3 10 10 1.3 1.3 $234 $4,500 $1 ,403 $850 $167,041 - - - - -ii,tfiiJ;41-1 $262,200 $80,730 $69,000 $46,506 $8,004 $696 $15,600 _ _ _ _ _ _$_4!3?-!- ?~~ $12,000 $20,000 $32,000 $1,300,000 $151,450 $74,295 _ _ _ _ _ ~~,???}_4_5 1 $25,000 $25,000 $6,361,09<< ------------ $7,642,05' 1 $636,109 1 $318,054 1 $954,163 $8,269,41 ~ $9,934,664 Design, Surwy, eEl (20'J6 of Construction I LSUM$1.ai2~'.l 1 $1,272,218 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~uJ1P!t..8!}_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ... _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Total Construction & Engineering A. Total Construction & Engineering B. 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from $9,541 $11,463 161 Vanderbilt Beach Beautification Study Conceptual Opinion of Cost Gulfshore Drive. 6900 L.F. (1.3 miles) Description Unit Unit Price 1. Prepare I Qty Cost Curbing & Drainage A. Roadway Modifications MILE $1,000,000.00 1.3 $1,300,000 Concrete Curb & Gutter, Type F LFT $10.80 13,800 $149,040 Enclosed Drainage MILE "'.pcJO 1.3 $520,000 B. Roadway Reconstruction MILE ...;000.00 1.3 $3,250,000 Curbing & Drainage Subtotal A. $1, 969, 04C Cutbing & Drainage Subtotal B. $3,250,OOC Sidewalks 6' Width-1 Side MILE $1.8a,_ 1.3 $245,700 SOdding, Floratam (Restoration 1 Side) SYD $3.15 10735 $33,815 Sidewalk Subtotal $279,515 Bike Lanes 5' Width - 2 sides MILE $622,000.00 0 $0 Bike Lanes Subtotal $0 Street Trees Trees (12'-14' ht.') EACH S400 275 $110,000 Irrigation, Bubblers to Trees EACH $200.00 275 $55,000 Street Trees Subtotal $165,000 Roundabout at VBR Construct Roundabout EACH 1 $150,000 Brick Pavers SYD 511 $34,493 Palms 15' Height, Average EACH 25 $11,250 Planting SF $1.65 6000 $9,900 Irri ation SF $1.00 6000 $6,000 Roundabout Subtotal . _ _ _ _ J_2J_1l!:~.3.. Medians, Intennittent Pavement Removal ACRE 0.1 $900 Road Reconstruction MILE 0.05 $125,000 Brick Pavers SYD 506 $34,155 161 1 pun Boxes (Roadside) (2 per sidestreet) EACH Load Center. Secondary Voltage (1 per 60 poles) EACH street LIghting Subtotal ... d; 2Oc) ~" ... Street Fumishings Trash Receptacle EACH Pedestrian Bench EACH street Furn/shIrIg$ Subtotal Bury Utilities FPL MILE Sprint MILE Comcast MILE utilities Subtotal Entry Features Gulfshore Dr.lntersecUon Monument LSUM Entry FeatrJt8s Subtotal Bridge Gateway Enhancement Monuments Palms, 15' ht avg. Irrigation Embankment Plantlngs west side Bridge Gtftway Enhancement Subtotal $25.000 ..000 - $1.00 $1.65 EACH EACH SF I SF Construction Subtotal MobIJization (1096) LSUM Traffic Control (596) LSUM Contingencies (1596) LSUM $221.471 $11..738 $344.207 Total Construction Cost I _ _ ~~~ ~~~,_ C?~~ (~~_o..f_~,!~_ ~,!~!~/~ I LSUM _ _ _.. _ _ _~!~I 1 o 1 1 4 70 25,000 25,000 1 1 1 $45&,94. Total Construction & Engineering 1. Unit costs derived from FOOT Average Unit Cost Report from January 2002 to November 2003 and from the experience of WilsonMiller's Staff. 2. This estimate is for comparison purposes only and should not be used to program funds for improvements. Additional items may be needed to complete the design and construction of the proposed facilities such as irrigation, utility adjustments, and additional right- of-way for roadway or drainage improvements. 161 Vanderbilt Beach Beautification Study Conceptual Opinion of Cost Bluebill Avenue - 2685 LF (.5 miles) Description Unit Unit Price U.. " " ~ Qty Curbing & Drainage Roadwa modifications MILE $0.00 0 Curbing & Drainage Subtotal Sidewalks 6' Wldth-1 Side MILE $189,000.00 0 Sidewalk Subtotal Bike Lanes Bike Lane per Mile, 5' both sides MILE ~.OOO 0.5 Bilee Lanes Subtotal StNet Trees (Palm Grove) Palms (15' ht) EACH $4SO 165 Sodding, Floratam (Restoration - 20' each side) SYD I $3.15 5,870 Irrigation SF $1\00 52,000 Street Trees Subtotal Roundabout at Gutfshore Drive Pavement removal ACRE .... 0.1 Construct Roundabout EACH .1~. 1 Brick Pavers SYD .. 510 Palms (15' ht) EACH .. 20 Plantings, ground cover SF $1.65 4000 Irrigation SF $1.00 4000 Roundabout Subtotal Medians Road Reconstruction MILE $I,"." 0.25 Pavement Removal ACRE . ... 1 Bedding Material (Select) CYD I $7.30 795 Canopy Trees (12-14) EACH .. 20 Flowering Trees, (10-12') EACH .- 50 Sodding, Floratam (Restoration) SYD I $3.15 1,910 Irrigation SF $1.00 21,500 Plantings, ground cover SF $1.86 4,300 MediBns Subtotal 8tntet lJ(Ihting (Decorative) Light Pole, Decorative, 100. Spacing, Opposing EACH 54 Pole Foundation EACH 54 Luminaire, Special EACH 54 Conduit, 2" Underground LFT I $3.37 5370 Conductors, Insulated, No.6 LFT $0.58 5370 Pre Fiala Halas Henning Coyle Coletta COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF JANUARY 22, 2004 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOA@ (;JlA~ERS, THIRD FLOOR, ADMINISTRATION BUILDING F," . 3301 EAST T AMI AMI TRAIL, NAPLES, FLORIDA ./1 ,161 1. Present: Absent: David Correa, HAAB Member Emesto Labrador, HAAB Member Teresa Nelson, HAAB Member Sofia Pagan, HAAB Member Robert Pina, HAAB Member Carlos A viles HAAB Member Susan Calkins, HAAB Member (ill) Elsa Maria Hernandez, HAAB Member Lourdes Ramann, HAAB Member (ill) Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB Liza McClenaghan The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at approximately 6:20 p.m. Mr. David Correa moved that the minutes from the December 18, 2003 HAAB Meeting be approved and Mr. Labrador seconded. The motion passed 5-0. Under New Business, there was preliminary discussion about goals and objectives for the coming year. Mr. Pina stated that HAAB should coordinate with the Collier County Black Affairs Advisory Board (BAAB) on housing and vocational training so that there would be more of a force representing the minority community. Mr. Labrador also stated that he felt it would be good to join forces but stated further that some goals of the two advisory boards would be somewhat different and that we needed to establish goals specific to HAAB first. Mr. Pina responded that with respect to vocational training it was difficult to go alone before the School Board and he felt that he would like additional support from the BAAB on this issue and housing. David Correa asked what had been done on vocational training. Mr. Pina stated he wanted to contact some other person to speak before the School Board. He knows School Board Member Donovan and feels that the problem with training is funding. Mr. Pina stated that HAAB should be a catalyst for fundraising. Mr. Correa recommended that Mr. Pina speak to Dr. Tuttle first because Mr. Pina missed the meeting where Dr. Tuttle addressed HAAB. Mr. Pina questioned who paid for the training offered by Vo-Tech. Mr. Labrador said that Dr. Tuttle had pointed out that it was not so much money, but that the weaknesses is the community erf&:il4iti@ri/D;~aining and then not completing the classes. Mr. Labrador further stated that there was a n~1~~ fe~p' f the community interested in the classes and a need to obtain certain graDet4e~ requirements. Mr. Labrador said that the issue was how to get the community to meet these Item# l Le~ \ \::> Il 1 '.~S To: 161 li~ basic guidelines. Mr. Correa discussed involving the churches. Mr. Pina indicated that he was a product of vocational training and described that experience. Mr. Pina further stated that he wanted to focus on vocational training for the upcoming year. Ms. Nelson felt it was fine to discuss vocational training with both Dr. Tuttle and the BAAB. Mr. Labrador expressed concerns about efforts in the Sheriff's Office to teach Spanish to officers. Ms. Pagan mentioned that she was concerned about the fact that Spanish names were often misspelled in the paper. Mr. Labrador stated that someone needed to approach the Sheriff regarding a Spanish program and the number of Spanish speaking officers in the Sheriff's Office. Mr. Labrador also discussed the food service in Collier County schools. He pointed out that approximately ninety (90) percent of the workers were Spanish speaking. He felt there was resistance to workers who spoke solely Spanish. He indicated he wanted to contact the Director of the Food Service for the schools and the Sheriff's Office about inclusion of Spanish speakers. Mr. Correa stated that would be a great idea and Mr. Labrador noted again that there appeared to be difficulty hiring Spanish speaking officers. There was also discussion about the starting age for an officer, about which Mr. Pina inquired. It was thought that it was perhaps twenty-one (21) for a road deputy and eighteen (18) for a correctional officer. Mr. Correa seconded Mr. Labrador's motion to approach both the Sheriff's Office and the School District Food Service about the hiring of Spanish speaking officers and workers. The motion passed 5-0. Mr. Pina raised a question about how far the Board should go in reaching out to the community. There was discussion about the fact that the Board is bound by its mission statement. There next followed discussion by Board members with Michael Pettit, the staff liaison. Ms. Nelson suggested that discussion about marketing be postponed until the following month. There was discussion about funding and a budget. Mr. Labrador sought an opinion from Mr. Pettit as to the application of the State Ethics Code if the HAAB were to solicit funds. Mr. Pina also wondered if that was possible. Mr. Pettit committed to return to the next HAAB meeting with an opinion on the solicitation issue. There was further discussion about the nominating of a new chairman and vice-chairman for the upcoming year, as well as a secretary. There was no public comment and Mr. Correa moved for an adjournment and Mr. Labrador seconded. The motion passed 5-0 A copy of the January 22,2004 agenda is attached. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison Advisory @ ;is 'U/>. Carlos A viles, HAAB Chairman Hispanic Affairs ,2004. day of APpro~ by the c bV'J ~ 2 l.~ COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) NOTICE OF MEETING & AGENDA J6/ THURSDAY, JANUARY 22~~004, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** 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, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2003-53 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* AGENDA I. 6:00 P.M. Meeting Called to Order II. Adoption of Minutes from December 18, 2003 Meeting III. New Business A. Goals and Objectives for the Coming Year. B. Marketing Issues IV. Public Comments V. Meeting Adjourns Present: 16/ l., COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF FEBRUARY 26, 2004 MEETING HELD AT THE COLLIER ~OilljTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD LOO , ADMINISTRATION BUILDING F, FiPll I TRAIL, NAPLES, FLORIDA Halas Henning . I coyle I ./ V Carlos A viles, HA~g~€mber Susan Calkins, HAAB Member David Correa, HAAB Member Elsa Maria Hernandez, HAAB Member Ernesto Labrador, HAAB Member Teresa Nelson, HAAB Member Robert Pina, HAAB Member Absent: Sofia Pagan, HA.A.llMember Lourdes Raman, HAAB Member Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB Liza McClenaghan The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at approximately 6:05 p.m. Mr. David Correa moved to approve the minutes from the January 22, 2004 meeting and Mr. Pina seconded. The motion passed 5-0 (Ms. Hernandez and Mr. A viles did not anive at the meeting until after this vote was taken). Under New Business, because Ms. Hernandez had not yet arrived at the meeting, Mr. Correa moved to table the discussion of marketing issues. Mr. Labrador seconded this motion and it passed 5-0. The next item on the agenda under New Business was the ability of HAAB to solicit funds. Michael Pettit, the HAAB staff liaison and Chief Assistant County Attorney, passed out a memorandum on this subject. The memorandum dealt with the significant questions that would be raised by such solicitation under the Florida law. Mr. Pettit advised that the HAAB, under its current ordinance and under the applicable Florida Statutes, should not consider soliciting funds. A copy of the memorandum from the Office of the County Attorney is attached to these minutes. Ms. Hernandez joined the meeting and there was some additional discussion about marketing. There was discussion about lack of funds but the need to "get the name of HAAB out" to the community. There was discussion about public service announcements through the radio and the use of County access television. Ms. Hernandez expressed her desire to see HAAB function as a positive service to the community and stated that she was not sure1\tfHit ~8r~h people knew HAAB exist~d. Mr. Correa stated that typically, when people have~~~~~s,~W~' e3Il~ at HAAB meetmgs. D{; i:-. ltucn#1 (p CI::i \ b\'L. 1 Co;m:s To: 16/ .I.., Ms. Nelson raised a question of whether HAAB could accept gifts and Michael Pettit responded that donations had been accepted for the plaque that was awarded to Judge Mafialich but solicitations and donations would be subject to scrutiny under ethics laws. Ms. Calkins brought up the idea of a HAAB website and there was discussion about the role of the County's Information Technology Department in maintaining such a website. Ms. McClenaghan discussed the ability of posting the agenda on the County's website and also discussed that many advisory board minutes are not posted on the Clerk of Court's website. She stated that she felt that minutes and agendas should be published. There was discussion about inviting someone from the IT Department or the new Director of Communications and Customer Relations to address HAAB next month. Mr. Labrador stated that Board members should prepare appropriate questions. The next item under New Business was discussion of the Bright Futures Bill. Ms. Calkins had added this item to the agenda. She stated that a part of this bill would allow children who have gone through the school system to qualify for funding for state college regardless of citizenship. Ms. Calkins said that she and others were currently trying to build support for this bill. Ms. Calkins suggested that Bruce Kyle and Barbara Mainster could come to speak to HAAB to discuss how HAAB could help. Mr. A viles suggested that they be scheduled for the April meeting. Mr. Pina brought up the New Beginnings School and FCA T scores to show that progress is being made. Ms. McClenaghan advised that she was not sure that the Bright Futures Bill would be reintroduced into the state legislature. Discussion then turned to inquiry of the CCSO and CCPS hiring procedures and trammg programs. This item was brought up by Mr. Labrador. He stated he wanted to inquire to encourage English speaking officers in the Sheriff's Office to learn Spanish and to learn about Hispanic culture. He said he wanted to inquire about programs and possible incentives for officers to learn Spanish. He also wanted to inquire about hiring Spanish speaking applicants in the food service area in Collier County Public Schools and to inquire about having managers in that area who speak only English being given incentives to learn Spanish. Mr. Aviles stated that there was no program by the Sheriff's Office for incentives to learn Spanish but at the Vocational Education school there was a class of Spanish for supervisors. Mr. Aviles stated that the number of Spanish speaking officers has increased dramatically and he believed that diversity was increasing. He stated that he wanted emphasis on qualifications and not just Spanish language skills. He said he did not know how many Spanish speakers the Sheriff's Office has at this point but it does have a recruiter now. There was discussion about contacting the Sheriff's Office HR Director to give a report on the number of Hispanic officers. Mr. Labrador stated that his concern was bi-lingual speakers and knowledge of language and culture. Mr. Aviles stated that the Sheriff's Office does have a language line for a variety of languages. Mr. A viles discussed sending a letter to the Sheriff's Office HR Director and Mr. Labrador wanted a letter approved and to come from the Board to the Sheriff's Office. Ms. Nelson stated that she thought this was a good idea and liked Mr. Labrador's focus on culture and thought it was important for safety and to do a better job. Ms. Calkins discussed sending a similar letter to all Collier County government agencies and schools. Mr. Labrador agreed to put together a series of questions to ask in the form of a letter and it was determined that the Board would review these questions and letter next month for approval. There was also discussion about inviting people to address the questions in May. 2 16i J.j Under Old Business, it was agreed that each Board member would donate $2.00 toward the plaque. Staff Liaison Michael Pettit donated the remainder for the cost of the plaque and ceremony. There then occurred discussion and voting on the new Chairman and Vice-Chairman. Mr. A viles sought to be excused for military leave for four (4) months and Ms. Calkins moved that this be allowed and Ms. Hernandez seconded. The motion passed 7-0. Mr. Pina nominated Mr. A viles for a second term as Chairman. Ms. Nelson discussed her concern about filling in for Carlos during his absence. There then followed discussion about the Vice-Chairman needing to be willing to perform that function. Ms. Calkins seconded Mr. Pina's nomination of Mr. Aviles. Ms. Hernandez said the question was to decide whether Mr. A viles should be elected in light of his four (4) months absence. Mr. Labrador expressed his concern about the lack of a full time Chairman for four (4) months. Mr. Correa made the point that the Vice-Chairman had to be willing to act as Chairman during that four (4) month absence. The question as to Mr. A viles' re-election was called for vote and passed 7-0. Turning to the question of election of a new Vice-Chairman, Mr. Pina nominated Ms. Calkins but she declined. He then nominated Mr. Labrador. Ms. Hernandez was also nominated and Mr. Aviles seconded. Ms. Hernandez was nominated by Ms. Nelson. There was lengthy discussion about the fact that no specific notice had been placed on the agenda regarding elections of the Chairman and Vice-Chairman. Michael Pettit expressed his concern although opined that it was legal to proceed. Michael Pettit further expressed his concern that perhaps it would be better to table the vote on Vice-Chairman until the next meeting. Mr. Labrador, Ms. Nelson and Ms. Hernandez all indicated they were prepared to serve as Vice-Chairman. After further discussion, Ms. Calkins moved to table the vote on Vice-Chairman until the next meeting and Mr. Correa seconded. The motion passed 7-0. Under Public Comment, Ms. McClenaghan passed out voter guides that have been prepared in both English and Spanish from the~upervisor of Elections'JA There was discussion about inviting the Supervisor of ElectIOnSfospeakt01IAAB. MS:-McClenaghan also encouraged HAAB to offer support against human trafficking and suggested that there was a Florida State University website that could be reviewed on this issue. Mr. A viles then suggested that at a future meeting HAAB could invite candidates to speak. There then followed a motion to adjourn, which passed 7-0. The meeting adjourned at approximately 8:05 p.m. A copy of the February 26, 2004 agenda is attached. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison AdViSO{1!l oR!lillY HAAB Chairman Approved by the /)1 /{ViA-. Hispanic Affairs ,2004. of L br> ../ -r v ~ ~tJ~~f ~ c.1f C -tv .,,~j;"y/~ ~. ~ hl.-JS), 3 ~ = = .&;;.. tfj Q. -. ..... -. Q = <j~ o 0 5. o .... a =' a oc..=,~ o. a .... N ' . 1"'\ ~ ... 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U; ex> N I-' w '" 0 N N '" '" <l> 0 :... -... .., :... " '" N ~ ~ :! "-z L '" 0 < '., ,.. .~, f 'T" ~ NOTICE OF MEETING & AGENDA @ COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, FEBRUARY 26, 2004, 6:00 P.M. 161 I.. , 'tt.~ .., Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** 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, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** 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) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* AGENDA I. 6:00 P.M. Meeting Called to Order II. Adoption of Minutes from January 22, 2004 Meeting III. New Business A. Marketing Issues B. Ability of HAAB to Solicit Funds C. Bright Futures Bill D. Discussion of Inquiry of CCSO and CCPS Hiring Procedures/Training Programs IV. Old Business A. Review Expenditures/Donations re 2003 Citizen of the Year A ward Ceremony V. Public Comments VI. Meeting Adjourns rj it ; ..(~ J OFFICE OF THE couNTY ATTORNEY INTEROFFICE MEMORANDUM J TO: Hispanic Affairs Advisory Board Members FROM: Marian R. Colli, CLAS DA TE: February 26, 2004 vW THROUGH: Michael W. Pettit, Chief Assistant County Attorne RE: HAAB Fundraiser Question RLS #04-ADV-OOOOl Recently you asked Mike Pettit, Chief Assistant County Attorney and Staff Liaison for your Board, to investigate the possibility of HAAB holding fundraisers for various "projects." In order to research this issue, the County's Ethics Ordinance and the Florida Statutes were reviewed extensively, as well as a lengthy telephone call placed to the State Ethics Commission. Collier County's Ethics Ordinance Section 5(a) of the County's Ethics Ordinance states that, "Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which as any final decision-making authority." As HAAB does not have any final decision-making authority, it is exempted from the County's Ethics Ordinance. Chapter 112, Part III, Florida Statutes S 112.312, Fla. Stat., clearly defines "Advisory Body" as, "...any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitutes less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations." This definition includes your Board as one without final decision-making authority, and therefore, your Board falls under the jurisdiction of Chapter 112, Part III. S 112.313(1), Fla. Stat., states, "As used in this section, unless the context otherwise requires, the term "public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body." S 112.313(2), Fla. Stat., states, "No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, 161 1 promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney or candidate would be influenced thereby." Although you may believe that operating a fundraiser as a group would not benefit any of the Board members individually or as a whole, and that only the recipient would benefit; the "appearance" of a possible benefit could be just as harmful to the Board and its members as receiving an actual benefit. There are, however, other problems that arise with the fundraising scenario. ~ 112.313(6), Fla. Stat., states, "No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others." This section does not allow the Board to solicit funds on its behalf or on behalf of someone else. Again, the "appearance" of possible ethical violations could cause as much damage as the act itself. Also, the definition of "corruptly" in this Chapter is, "... done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties." The functions, powers and duties of HAAB are clearly written in the Ordinance that governs it, and fundraising is not one of them. Finally, a long telephone call with Chris Anderson of the State Ethics Commission in Tallahassee indicated that his concerns mirrored the statute sections above. Especially since the functions, duties and powers of the Board are clearly stated within its Ordinance and do not include fundraising for activities of interest to the Board (Notably, any desired changes to those duties would have to be brought before the Board for approval on a case-by-case basis with evidence that the additional duties would be of public benefit and consistent with the Board's functions, power and duties). Please contact our office with any questions or concerns. cc: David C. Weigel, County Attorney CP\rls#04-adv-OOOO 1- fundraisingresponsememo-mrc Fia\a Ha\as Henning ~ Coyle Coletta .HI~PANIC AF'FAIRS ADVISORY BOARD MINUTES OF JOINT MEETING WITH THE BLACK AFFAIRS ADVISORY BOARD OF AUGUST 28, 2003 HELD AT THE GOLDEN GATE COMMUNITY CENTER Present: David Correa, HAAB Member Lourdes Ramann, HAAB Member Teresa Nelson, HAAB Member Carlos A viles, HAAB Member Michael W. Pettit, Chief Assistant County Attorney Laverne Franklin, BAAB Member Rufus Watson, BAAB Member Marian Thompson, BAAB Member Also Present: 161 I 1 Absent: Susan Calkins, HAAB Member Robert J. Pina, HAAB Member Sofia Pagan, HAAB Member Gary Pierrot, BAAB Member Jodi Bisogno, BAAB Member _Gerry Moore, BAAB Member Carolyn Eckhart, BAAB Member John Dunnuck, Administrator Mario Valle, Commissioner, State of Florida Human Relations Commission Liza McClenaghan Chuck Mohlke Ernesto A. Labrador Other Unidentified Member(s) of the Public The Joint Meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) and Collier County Black Affairs Advisory Board (BAAB) commenced at approximately 6:09 p.m. At the outset, Chief Assistant County Attorney Michael Pettit observed that no quorum existed for either HAAB or BAAB. Accordingly, Mr. Pettit stated that no action or voting could occur. Thus, no action was taken to adopt the minutes from the June 26, 2003 Joint HAAB and BAAB Meeting. Mr. Pettit did state that the HAAB and BAAB members who were present could continue with discussions under New Business. At that time, Mr. Mario Valle, a Commissioner from the State of Florida Human Relations Commission, made a presentation concerning the role of the Florida Human Relations Commission and resources in Collier County to consider and process complaints of housing and employment discrimination. Mr. Valle stated that the Florida Commission on Human Relations was ready to help address discrimination matters ranging from racial discrimination, age discrimination, gender discrim.ination, housing discrimination, and employment discrimination, public accommodations discriminatioI1'andwhi$tleblower activity. He noted that until the past two years, the Florida Commission on Human Relations (FCHR) had difficulty processing its caseload. The backlog of cases has now been re~~1Mal is to process all cases within a 180 day timetable. . .. ..... \~~,\ ~t'L 16' 1 Mr. Valle observed that Collier County is currently offering assistance in having claims presented to the FCHR through Barbara Pedone in the County's Communications and Customer Relations Department. Further, the County's website contains a direct link to the FCHR website. He expressed concern, however, that many people did not have such on-line access. He then stated that the FCHR will be holding information sessions at the Golden Gate Community Center and elsewhere in Collier County later this year, not only to let people know about FCHR but also about the County's services. Mr. Valle also stated that FCHR will be considering later this year the question of whether to reduce its jurisdiction over employment discrimination matters from employers with fifteen (15) or more employees to employers with ten (10) employees. He stated that the fiscal impact of this question is under study. Mr. Watson, a BAAB member, asked about small businesses that had fewer than fifteen (15) employees and asked whether not allowing complaints to be filed negated the opportunity to bring discrimination to light. Mr. Valle stated that sometimes when the FCHR receives repeated complaints about such a small business they will ask the Attorney General to see if there is anything it can do in the way of criminal enforcement. Mr. Watson then asked about the need for local enforcement power. Mr. Valle stated that at this time there was no willingness to adopt a local body or local enforcement ordinance because there were not a sufficient number of complaints. He stated that Ms. Pedone would be tracking complaints. He pointed out that the Board of County Commissioners is fiscally conservative and that to have full local enforcement for discrimination complaints would include the hiring of an attorney, an investigator and a person to do intake. Mr. Valle also discussed with Mr. Watson the processing of cases before the FCHR and the remedies of a court hearing or an administrative hearing. Mr. Correa, a HAAB member, then asked Mr. Valle whether administrative law judges could enter summary judgment. Mr. Valle responded by passing out a sample recommended order and exceptions to that order. He advised Mr. Correa that the issue was always whether the administrative law judge had committed error. Ms. Thompson, the BAAB Chairperson, then asked whether it was true that FCHR case backlog had been reduced by simply purging cases. Mr. Valle said he did not believe this to be the case and that he would personally follow up any call about such cases. He said much of the backlog had been handled through mediation. He pointed out that many of the cases of discrimination the FCHR is now processing are against government entities for employment matters. Mr. Valle then described the facts of several types of cases. He also answered Mr. Watson's question about the general process for the FCHR by stating that an intake person takes in complaints and that the complaints are then investigated. A clerk for the FCHR then decides whether probable cause exists that discrimination occurred. A notice is eventually sent out describing remedies. One such remedy is an administrative hearing and this can be accomplished by telephone in some instances. An administrative law judge will then enter a recommended order. Mr. Valle pointed out that the administrative law judges tend to be lenient with people who are operating without attorneys but that the administrative law judge cannot provide legal advice. Each party has an opportunity to appeal an administrative order and the FCHR will review the order for legal error. A subsequent appeal can be made to the 12 member panel of the FCHR and to court. Ms. Franklin, a BAAB Member, raised a concern about the information referral service at the County. She said it was her understanding per County Manager Jim Mudd that the County was J 161 1 simply taking information and passing on telephone numbers of agencies to process complaints. Mr. Valle responded by saying he was trying to work with Barbara Pedone to help her learn to help others and plead necessary paperwork for the processing of a complaint. Mr. Franklin stated that she felt it was a disservice because there was no one at the grass roots level to help people walk through the process. Mr. Valle stated he wants Ms. Pedone to print off forms and to help persons fill them out. He pointed out that she cannot make any determination about the case but would like her to get more information about the complaint. He said every form has to be filled out in English but that the information from FCHR is available in three languages. Ms. Franklin then expressed her concern about the budget relationship between the EEOC and HUD and the FCHR. She wondered about the County budget and the County's use of money to print up brochures. There was discussion that a brochure existed in English and Spanish and that an attempt was being made to create a brochure in Creole for meetings Mr. Valle hopes to hold in various neighborhoods in Immokalee, Golden Gate and East Naples in October concerning the FCHR process and the County role in that process. Ms. Franklin stated that she felt that the County's original brochure was misleading. There was discussion about providing copies of this brochure. Mr. Valle indicated that the FCHR will bring a Commissioner to Collier County for diversity training. It is also planned to have the Executive Director come down and talk about issues in Collier County. There is also a plan to have FCHR hearings one time a year in the County. Mr. A viles, HAAB Chairperson, asked whether there was a tracking device for complaints. Mr. Valle said that Leon County had the most complaints. He said that wherever there is a large number of complaints in a locality, the Commissioners will send down investigators. This has occurred in Orange County. Mr. A viles then asked how many cases the FCHR processed from Collier County. Mr. Valle said that nine (9) cases with eleven (11) bases of discrimination had been processed over three (3) years. He stated if there was a need for a local commission or enforcement mechanism, there really needs to be a showing of a large number of cases occurring locally, especially because of the fiscally conservative nature of the County. Mr. Correa then asked about how it is decided whether a case will be sent to mediation or decided by an administrative law judge. Mr. Valle described the process and the differences in expense. Ms. Franklin asked how the FCHR handled sexual orientation complaints. Mr. Valle said at this time they had no jurisdiction but they do keep track of such complaints and that that is one of the topics for their October meeting along with the issue of reducing jurisdiction from fifteen (15) employees to ten (10) employees for employment discrimination cases. Ms. Franklin asked what he thought might be the outcome of the sexual orientation issue. He replied that the FCHR is split on some of these issues but the majority would vote for including sexual orientation. However, this position might not be well received by political groups and state government. It could cause a backlash and have budget implications for FCHR. He also pointed out that this was a complex issue. He stated again that the FCHR meeting on these topics would be from 8:00 a.m. to 5:00 p.m. on October 15,2003 and it would be open to the public. 3 161 1 Mr. Watson then asked how the fifteen (15) employee limit was defined. In other words, were the fifteen (15) employees to be counted at the time of the discrimination and Mr. Valle stated that that was the case. Thus, if the numbers changed upwards after the fact, there still would be no jurisdiction. There was discussion about the problems the jurisdictional limit created in a state like Florida where there are a high number of small business employers. Mr. A viles then opened the meeting up to public comment. Mr. Mohlke asked about the eleven (11) cases in Collier County and what sort of profile they had and how they were categorized. Mr. Valle pointed out that of the eleven (11) of the nine (9) cases, there were eleven (11) bases of discrimination and also stated that the FCHR was seeing more housing cases. Mr. Watson asked what the mechanism was to determine how many people Barbara Pedone was seeing and if she was required to submit any paperwork. Mr. Valle stated that she was submitting quarterly reports to the County Manager but to have an ordinance of a local commission or for local enforcement there would need to be a substantial numbeL of cases. Mr. Valle pointed out the FCHR is autonomous and that any County entity would also need to be autonomous and independent from County government. Mr. Valle said that the need for an ordinance might come as Collier County became a more diverse county. Mr. Correa asked about the power to issue subpoenas and Mr. Valle stated that the FCHR has that power. Mr. Valle emphasized that the County was becoming more diverse and that it was necessary to get the word out that there was a way to fight discrimination. Mr. Labrador, candidate for the HAAB, asked about the number of complaints coming into the County and there was further discussion about the fifteen (15) employee jurisdictional limit. Mr. Labrador raised the possibility and his desire of processing complaints of discrimination regardless of the number of employees. Mr. Valle stated that there would be discussion about this issue in October at the FCHR meeting. He also plans to ask the FCHR staff as to why fifteen (15) is the jurisdictional number. Mr. Watson then asked about cases in Collier County and whether employees could be expected to know how many employees their employers had. Mr. Valle also committed to ask about this at the FCHR meeting. Mr. Mohlke raised what he felt was a version of the same concern. He was concerned that connecting jurisdiction to the number of complaints or to the number of employees was treating numbers as more important that fairness and equity. There was discussion about what is the regional threshold to address the community's need to prevent discrimination. Mr. Valle responded that it was necessary to balance political reality with quality of life. He said that it would be complicating issues even more by expanding into the sexual orientation area as a protected class. He said it involved moral issues. He then stated that it was similar to arguments made against including African-Americans made earlier in our history and Ms. Franklin agreed. Mr. Aviles ended the discussion and thanked Mr. Valle. He made the final comment that he hoped Collier County would help the complainant complete the forms and not just give out 4 161 1 telephone numbers. Ms. Franklin again stated that she felt that the County's brochure on this subject had flaws and Mr. Valle asked her to call him to discuss this matter. The next topic under New Business was the joint goals and objectives for the HAAB and BAAB in 2003-04. Mr. A viles wanted to move on because there was no ability to vote. Ms. Thompson suggested that it was now getting late to begin such a lengthy topic. Mr. Watson thought it should be tabled and thus there was no discussion. There was discussion about the fact that Rob Pina would not be present to provide comments on vocational training in the public schools. Michael Pettit brought up under New Business the application for HAAB membership submitted by Elsa Maria Hernandez. A copy of the application was distributed but no recommendation could be forthcoming due to the lack of a quorum. Mr. Pettit stated that the application would be forwarded back to Sue Filson, the Executive Manager of th~ BCC for processing. Under Old Business, Mr. Pettit advised Mr. A viles to read the conflict statement from his conflict in voting at the June 26, 2003 meeting and Mr. Aviles did so. There was then discussion about the letter received from the FBI and whether an additional response was necessary but no action could be taken. Ms. Nelson, HAAB Member, stated that at the last meeting there was discussion about whether a letter had ever been sent from HAAB. Ms. Nelson also provided Mr. Pettit a copy of the letter from Ms. Valdes that was dated June 26, 2003. Mr. Pettit offered to send the letter received from the FBI, dated July 15, 2003 and addressed to Sheriff Don Hunter, to Ms. Valdes. The meeting was adjourned at approximately 8:00 p.m. Board on this if6 ~~~ day of s:;r~v~ Hispanic Affairs ,2003. Advisory c- Carlos Aviles, Chairman, HAAB Approved by the Black ,2003. Affairs Advisory ~ Board on this day of y(}r1A~---J ~ /'7 /1_ '" Marian Thompson, hairman, BAAB L/' f/t/L/{ k fl~ Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison 5 / ~\~Ift 6 j Hi3\~1 l=\~f\~\"g . 1 1. ~~y\~,_ ; / HISPANIC AFFAIRS ADVISORY BOARD ~ u.t' :r5INT J.\IIEETING WITH THE BLACK AFFAIRS ADVISORY BOARD OF JUNE 26, 2003 HELD AT THE GOLDEN GATE COl\tIMUNITY CENTER Present: David Correa, HAAB Member Robert J. Pina, HAAB Member Sofia Pagan, HAAB Member Carlos A viles, HAAB Member Teresa Nelson, HAAB Member Ramiro Manalich, Chief Assistant County Attorney Marian Thompson, BAAB Member Rufus Watson, BAAB Member Garry Pierrot, BAAB Member Laverne Franklin, BAAB Member John Dunnuck, Public Services Administrator Also Present: Liza McClenaghan Chuck Mohlke Isabel Valdes and Family Members Mireidy Fernandez, Naples Daily News Reporter Absent: Susan Calkins, HAAB Member Lourdes Ramann, HAAB Member Jodi Bisogno, BAAB Member Gerry Moore, BAAB Member Carolyn Eckhart, BAAB Member The Joint Meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) and Collier County Black Affairs Advisory Board (BAAB) commenced at approximately 6: 15 p.m. GOALS AND OBJECTIVES DISCUSSION Carlos Aviles mentioned the goals and objectives presented to the Board of County Commissioners by the HAAB. He mentioned that they included civic involvement, educational opportunities, visibility of Hispanics, collaborating with existing organizations, improving community access information, promoting civil rights and liberties. The Chairperson of the BAAB, Marian Thompson, mentioned that the BAAB had a goal of getting in touch with the community and having a marketing strategy for the BAAB. They also wish to develop and prioritize goals once feedback is received from the community and to provide regular position papers on issues to the Board of County FQ,~~ners. She mentioned that the BAAB has a small budget provided by the Board of County Commissioners in the amount of approximately $2,000.00. David Correa mentioned that the ~ed by the County Attorney Office liaison and the County Manager's Office. Oa'.8: - 1 Ih:,;nt~ \llt:t:, \~ \'V To: 16' 1 Teresa Nelson mentioned that there have recently been voter registration training sessions, including on the Fourth of July in East Naples. She thought that the County would be willing to create a website for the HAAB and BAAB and that there should be an outline of the strategy developed to reach employers. Marian Thompson mentioned that the County was planning to develop a TV advertisement regarding promotion of the Human Relations service of the County. The HAAB and BAAB Chairs would participate in a taping for this purpose. This would hopefully make citizens aware of the service. In response to questions, liaison Mafialich mentioned that there are limitations and variables affecting the accuracy of the number of complaints having to do with discrimination in Collier County. Laverne Franklin stated that there was a large backlog of cases in federal and state offices. Carlos Aviles stated that the County referral office would be only for referral. Laverne Franklin thought that the County should have an enforcement mechanism in place. She said the County had assigned one staff member and that person was not properly trained in civil rights or processing of complaints. David Correa mentioned the history of this service is that it was prompted by the prior HAAB and BAAB requests for a Human Relations Commission and by the shooting in River Park. Laverne Franklin stated that the County is essentially saying that there is no discrimination in Collier County so there is no need for any Human Relations Commission Ordinance. She said that both Boards should continue to strive for the creation of a local ordinance. Marian Thompson said that she understood the office would gather information and have it reviewed by State Human Relations Commission local representative Mario VaBe. Rufus Watson thought that it was very important to have a qualified review by an unbiased person in regard to any complaints. The intake person should not have any decision making role. A group discussion was held regarding the history of the non-passage by the Board of County Commissioners of the Human Relations Commission Ordinance. Laverne Franklin insisted that racism and discrimination do exist in Collier County on a daily basis and need to be addressed. Marian Thompson mentioned that when cases are documented through the referral service that then would be the appropriate time to ask for remedial measures to be enacted. A discussion ensued about how the referral system would work or not work. Marian Thompson suggested inviting Mario Valle to the next joint meeting. Both groups agreed with that suggestion. A motion was made by Marian Thompson to invite Mr. Valle to the joint meeting of August 28, 2003. Sophia Pagan and Rufus Watson seconded the motion and the vote was unanimous by the members of both Boards. Carlos Aviles asked if the Human Relations Commission Ordinance concept was being resurrected by a private community group. Laverne Franklin stated that she believed that the BAAB and HAAB, as representatives of minorities in the community, should get involved in this matter of community wide concern. She said the private group was called the Coalition to Promote an Anti-Discrimination Ordinance. At this point liaison Mafialich provided the group guidance with regard to the Sunshine Law's application to HAAB and BAAB attendees at private group meetings. He stressed that it would be preferable to invite members of the private group to the joint meeting of the BAAB and HAAB and that any BAAB or HAAB members 2 16' 1 attending the private group meeting should limit their role merely to information gathering. Liaison Mafialich also mentioned that there can be no discussions regarding HAAB and BAAB matters without the proper requirements of the Sunshine Law. It was decided that Laverne Franklin would report back to the BAAB on this matter and that Robert Pin a would do the same for HAAB. Liaisons Mafialich and John Dunnuck cautioned both boards about the Board of County Commissioners expectations that the work plans do not include the Human Relations Commission Ordinance matter. They both stressed the need to give information by official notice to the Board of County Commissioners. Laverne Franklin and Rufus Watson stated that work plans can be subject to change and that notice could be given to the Board of County Commissioners. Laverne Franklin made a motion for fact finders to attend the private community group meetings and for official notice to be provided to the Board of County Commissioners. Rufus Watson seconded the motion. Gary Pierrot stated that he did not want to be merely a rubber stamp organization that was concerned about always having to get Board of County Commissioners blessing for every activity of the HAAB and the BAAB. All members in attendance of the HAAB and BAAB voted in favor of the motion with the exception of Gary Pierrot. Liaison John Dunnuck mentioned that the BAAB should take positions on topics as they arise. He mentioned as an example the school naming policy letter that was sent to BAAB by the School Board. He mentioned that BAAB had also been offered the opportunity to comment on the selection of superintendent. Liaison Mafialich suggested that both Boards should be vigilant as to items affecting the minority communities that may appear on the Board of County Commissioners agenda. There was a brief discussion about School Board issues that overlap with HAAB and BAAB concerns. Rufus Watson also mentioned that there were future issues that both Boards should deal with in regard to minority contractors and the disadvantaged business program. Robert Pina mentioned that vocational training in the schools was something that the joint meeting of the HAAB and BAAB should also deal with. COMMENTS BY DEMOCRATIC PARTY CHAIRl\iIAN CHUCK MOHLKE AND LIZA MCCLENAGHAN REGARDING ELECTION LAW CHANGES Democratic Party Chairman Chuck Mohlke brought to the attention of the HAAB and the BAAB election law changes that had occurred as of October of 2002. He provided a history of some of these changes and he commented about how those changes in the law had opened up the process and created special provisions for polling places accessibility. He mentioned these changes were specifically helpful to those who are disabled and to those who have their registered voter status questioned. He mentioned that the Act allowed provisional voting subject to the Canvassing Board review. He stressed that the importance of the written law changes was that it would make sure that no one would be denied the opportunity to vote. Chuck mentioned that there was an opportunity for the minority community to have public comment on the Internet regarding different concerns about the voting process. He mentioned 3 161 1 the recent changes in the law were generous as to what may be used for identification for voting purposes. He thought that the minority boards could use the political parties as well as the Elections Office and other public offices to inform the public about these matters. He mentioned that the key is proper self-identification to be able to vote. He stressed that the comment period was until July 13th. Liza McClenaghan provided the website and address for comments. She said that information was available in multiple languages. She said that there is information involving voter outreach and education available and that that should be part of the BAAB/HAAB plan. Chuck Mohlke reminded everyone that Collier County is a voting rights County. He mentioned that every minority in Collier County has standing to comment and ask for remedies. He mentioned that the law requires that all ballots be published in two languages. He mentioned that Creole is required in some counties. He thought that was an issue that should be raised in Collier County. These comments have standing for the public record. CO~NTS BY ISABEL VALDES Mrs. Valdes appeared and had her daughter read a letter that was handed out for the members. She asked for support for Mr. Victor Valdes, former editor of Las Naciones News, in regard to his complaint against law enforcement. A discussion ensued about the history of the Valdes case and request. A motion was made by Rufus Watson, seconded by Laverne Franklin, for a joint letter to the FBI asking for the status and conclusion of the internal affairs investigation. Both Boards voted in favor of the motion with Carlos Aviles conflicting out of the motion under Section 286.012, Fla. Stat., and Gary Pierrot voted against the motion. The joint meeting of the Collier County Hispanic Affairs and Black Affairs Advisory Boards concluded at approximately 8: 15 p.m. 6l'5ved by the Hispanic Affairs Advisory Board a\'....!\I.c~'.jUl_ on this day of 5.e ~ \Q \,'11\ b>, , 2003. c-~~ Carlos A vile, -airman, HAAB ~ j/j1~ ~ Prepared by Ramiro Mafialich, Chief Assistant County Attorney and HAAB Staff Liaison. Reviewed by John Dunnuck, Administrator, Public Services and BAAB Staff Liaison. Approved by the Black Affairs Advisory Board on this day of , 2003. Marian Thompson, Chairman, BAAB 4 , LAST NAME-FIRST NAME-MIDOLE NAME p , es, Carlos M, .,o/G ADDRESS , 713 N 9th Street , C:TY ilmmokalee r~"- FORM 88 MEMORANDUM OF VOTING LI OR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIl. COMMISS10N, AUTHORITY, OR COMMmEE His anic Affairs Advisor Board THE BOARD, COUNCIl. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Q CrN Q COUNTY NAME OF POunCAL SUBDIVISION: Collier Countv MY PosmON IS: COUNTY Collier ~THERLOCALAGENCY 9t1feoN2'1,~JC~ ~<6~ OCCURRED Q ELECTIVE XiJI APPOINTIVE , WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a contlict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION _112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which i!"''''es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or' 10 the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the contlict before making any attempt to influence the decision, whether orally or in writing and whether made b" . 'ou or at your direction. Ir . OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISlON PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) .::: FORM 88 - REV. 1/98 PAG:=. 1 APPO'INTED OFFICERS (continued) 161 1 I 1 .. A copy of the form must be provided immediately to' the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the: meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER1S INTEREST I, Carlos Aviles , hereby disclose that on June 26 .w 2003: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or Joss of is the parent organization or subsidiary of a principal which has retained me. The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which I am employed by the Collier County Sheriff's office and the measure related to the filing of this form had to do with th.e Hispanic Advisory Board and the Black Affairs ~ Advisory Board jointly sending a letter to the FBI relating to an inquiry by Victor Valdes regard~ng the Internal Affairs. Under Secti~n 286.~12, Florida Statutes, ~ ~as concerne~ th t there lS, or appears to be, a possible confllct of lnterest under the p1:'U"lllSl0nS of Sectlon 11?~313(7)(a), Florida Statutes. I declared my conflict in accordance with directions furnished at the meeting by Chief Assistant County Attorney Ramiro Manalich. The specific motion was a motion for a letter of inquiry to the FBI regarding the status of an Internal Affairs investigation requested by Mr. Victer Valdes. The motion included authorization for the Chairs to be able to issue to the FBI the request. The motion also included a finding of both boards that this inquiry concerns the minority community. ~ fd "'7 ?;!)() "5 ~(~ Signature ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE \JSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, ,,_.v10VAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 . REV. 1/98 PAGE 2 161,1. MEMORANDUM DATE: April 26, 2004 TO: Board of County Commissioners FROM: Pat Lebnhard, Administrative Assistant, OMB SUBJECT: Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of March 17, 2004. Please do not hesitate to contact me at 774-8973, or Debbie Wight at 774-8383, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC S\~~Q'::-1 \l.J>~,\ ~\~ Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 16J 1': Minutes - March 17, 2004; 2:00 p.m. Members Present: Joe Swaja, Al Kozel, Janet Vasey, Dex Groose, Stan Farnham, Helen Philbin, Syd Blum, and Steve Harrison Members Absent (Excused): Rob Dowling and Celia Fellows BCC Liaison: Commissioner Fred Coyle Staff Present: Denny Baker, Financial Administration & Housing Director; Amy Patterson, Impact Fee Manager; Norman Feder, Transportation Division Administrator; Don Scott, Transportation Planning Director; Debbie Wight, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB Also present: Bill McCanna of the Grey Oaks Government Affairs Committee, and John Henderson, Naples Daily News reporter I. Introduction: A. A quorum being present, Joe Swaja, Chair, called the meeting to order at 2:05 p.m. Steve Harrison, a new member of the Productivity Committee, was welcomed. B. The February 18, 2004, minutes, as presented, were unanimously approved. II. Old Business: A. Impact Fee Studies and Updates- 1) Amy Patterson and Denny Baker, on conference call with Consultants Randy Young and Jane Fitzpatrick of Henderson, Young & Company, presented the Law Enforcement Impact Fee study. (A copy of which was mailed to the Productivity Committee members for their review prior to this meeting.) Janet Vasey had several questions. She previously submitted these to Amy with copies to committee members. A copy of Janet's questions with answers from Henderson, Young was distributed. A lengthy discussion was held. Janet had several questions on the number of law enforcement officers, the square feet used, etc. in computing the analysis. Mr. Young explained these figures were obtained from the Sheriffs Office. ~Denny Baker advised he would ask a representative from the Sheriff's Office to meet with the Correction Facilities and Law Enforcement Subcommittee to answer their questions. Copies of the Law Enforcement Impact Fee study, Janet Vasey's questions, and Mr. Young's answers are made a part these minutes. B. Discussion of Report from Golden Gate Flyover Subcommittee Meetings - Each subcommittee member forwarded to Debbie via email their summations for or against the Flyover, a copy of Page 1 of2 16 I 1 ;~. which is attached to these minutes. Subcommittee members reviewed their sum~tt8ns with the Productivity Committee. Due to Celia's absence, Janet also reviewed her submission. A lengthy discussion followed with members of the Committee voicing their opinions for or against the flyover. Five (5) members supported the flyover and four (4) members opposed. Motion was made by Syd Blum that a letter be sent to the Board of County Commissioners advising them of the Committee's recommendation to move forward with construction of the flyover (overpass). Motion was seconded by Stan Farnham and unanimously passed. ----7Janet volunteered to draft the letter for the Chair's signature; but would circulate to Flyover Subcommittee for comment. C. Discussion of FY 04 Work Plan - The FY 04 Work Plan was reviewed. The Committee accepted as part of its FY 04 Work Plan the following: 1) Comment on proposed FY 05 Budget Policy, 2) continue reviewing impact fee studies, 3) continue review of significant proposed fee structure increase studies and proposals, 4) conduct a comparative analysis study on employee fringe benefits, and 5) recommend new regional park hours of operation for the water park based upon evaluation of expenses versus revenue. The Committee also added ad hoc issues to the work plan and retained the capital projects approval process, performance assessment and alternative service delivery items from the previous plan. The Committee chose not to undertake the following: 1) continue review of proposed Master Plan revisions, and 2) review and make recommendations to the BCC on Tourist Development Council (TDC) dollars, including proposed 4th cent bed tax, museum funding allocation and possible option of supplemental provision of non- TDC funds, and allocation of interest accrued on TDC revenues. ----7Debbie will draft a letter to the County Manager for the Chairman's signature advising of the Committee's decisions regarding the FY 04 Work Plan. Ill. New Business: A. Review of Applications for Membership - Not all members were able to open the applications forwarded to them via email. Therefore, they asked to be given a little more time to review them. Since there is one vacancy to be filled, the Chairman asked members ----7to send their top choice to Debbie by close of business Friday, March 19. Selection needs to be provided to the BCC office within 41 days of advertising or the position will need to be re-advertised. Debbie intends to get the applicant recommendation on the Board's agenda for Tuesday, April 13. IV. Comments/Su2:2estions - The Chairman advised that the 2003 Water and Wastewater Master Plan and Impact Fee Study Update is scheduled for April's meeting. ----7He asked that all members review the draft sent to them by Tom Wides, and send Debbie any questions they have prior to the meeting. The Chairman will be limiting this presentation to a halfhour (15 minutes for presentation; 15 minutes for questions). Next Meetin2:: The next meeting of the Productivity Committee is scheduled for Wednesday, April 21, 2004,2:00 p.m. in the County Manager's office front conference room, 2nd floor of the W. Harmon Turner Building (Administration Building F). Meeting adjourned at 5:10 p.m. Page 20f2 RESOLUTION NO. 2004- 176 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT lbJl '4 - WHEREAS, Section 365.171 (13), Florida 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 BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Pursuant to Section 365.171 (13), Florida 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 company (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), Florida Statutes, 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 Statutes. Additional money from fiscal year 2004 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed forthe 2003 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171 (a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171 (13), Florida Statutes. This Resolution adopted on the second and majority vote for adoption. day of ,2004, after motion, DA~liD' ';:'0.~ ~ ." ATTEST t"' ", ... L : " .U'. " " .... . (" DWIGHTI;: BROCK, Ctejk BOARD OF COUNTY COMMISSIONERS, COLLIER CO TY, FLORIDA. I I - ,( ~ ~4-~ DONNA FIALA, Chairman BY: '~. ~ BY:. ',' ~~.'...~~/ Att~U~ Clerk " " . es '~ to Chafnllft-. S 19nature 01111. " Approved as to form and legal sufficien~y:' . . ~~"p~ Thomas C. Palmer, Assistant County Attorney It&m il /.d..T~ I:"~ I~".'.:.'.;.' ~... "0/ ~":..~/ ~I-:.,,!/'.~ ,......_....4.<4'" 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 instructions 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 term "subgrant recipient" or "subgrantee" refers to the governing 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. Subarant Data 1. Th is section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? C Yes ~ No Project ID # I Program Area #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2004- CJ - - - - - 2005 - CJ - - - - - - - - - - -- - - - B. Aoolicant Information 1. Subarant Recioient (Subarantee) Name of Subgrant Recipient (Unit of Government): Collier County Board of County County Commissioners Collier Name of Chief Elected Official I State Agency Head: Donna Fiala Title: Chairperson Address: 3301 Tamiami Trail East, Building F Area Code I Phone # (239) 774-8097 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Donna.Fiala@colliergov.net Area Code I Fax # (239) 774-3602 2. Chief Financial Officer of Subarant Recioient (Subarantee) Name of Chief Financial Officer: Dwight E. Brock County Collier Title: Clerk of the Circuit Court Address: 3301 Tamiami Trail East, Building L Area Code I Phone # (239) 774-2745 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Dwight.Brock@clerk.collier.fl.us Area Code I Fax # (239) 775-2755 3. Imolementina Aaencv Name of Implementing Agency: Clerk of the Circuit Court, Collier County, Florida County Name of Chief Executive Official I State Agency Head I Subgrantee representative Collier (if a subordinate agency of the subgrant recipient): Dwight E. Brock Title: Clerk of the Circuit Court Address: 3301 Tamiami Trail East, Building L Area Code I Phone # (239) 732-2745 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Dwight.Brock@clerk.collier.f1.us Area Code I Fax # (239) 775-2755 FDLE Byrne Formula Grant Application Package Rule 110-9,006 Grant Application Section /I - Page 1 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement _ Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram t!.~ 4. Project Director Name of Project Director: Robert Gazdowicz County (Implementing Agency Employee) Collier Title: Assistant Director of Management Information Services Address: 3301 Tamiami 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_Gazdowicz@clerk.collier.f1.us Area Code I Fax # (239) 774.8347 5. Contact Person Name of Contact Person: County (if other than Project Director) Title: Jane McDonald Address: Same above Area Code I Phone # 239-774.8340 City, County, State, Zip Code: SUNCOM # E-mail Address:Jane.McDonald@Clerk.Collier,FL.US Area Code I Fax # 6. Person Responsible For Financial Reporting (if known) Name: Jim Mitchell County Collier Title: Director of Finance Address: 2671 Airport Road South, Court Plaza III Area Code I Phone # (239) 774-8772 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Jim.Mitchell@clerk.collier.f1.us Area Code I Fax # (239) 774.6179 7. Person Responsible For Proarammatic Performance Reportina (if known) Name: Robert Gazdowicz County Collier Title: Assistant Director of Management Information Services Address: 3301 Tamiami 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_Gazdowicz@clerk.collier.fl.us Area Code I Fax # (239) 774-8347 8. Service Provider Contact Person 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 Byrne Formula Grant Application Package Grant Application Section II - Page 2 OCJG - 005 (rev. April 2004) Rule 110-9.006 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 the year of the project (I, II, III, etc,) Year 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 desiQnee. 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 proQram? (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 Applicable 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes_ No -2L 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. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section /I - Page 3 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula trrant Pro ram 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, per 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. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 4 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne 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. Proiect Description: 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 Information 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 information 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 daily, 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 Criminal Information System the ability to accept information electronically. The facility will be based on industry standard networks and tools such as TCP/IP, ODBC and XML. There is only one phase to this project. FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II - Page 5 OCJG - 005 (rev. April 2004) lbJ2 , ,~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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 biometric 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 daily submissions. LonQ RanQe 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 Qoals · 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. ProQram 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. FDLE Byrne Formula Grant Application Package Rule 110-9,006 Grant Application Section 1/ - Page 6 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram · The Clerk's CJIS system will 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 OaTS 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 information 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 OaTS format. Participation · The Collier County Circuit Clerk will design and develop the facilities and, with FDLE, perform comprehensive tests of the facilities developed under the grant. ay awarding all or part of the grant request, FDLE is indicating their commitment to working with the Clerk. FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section 1/ - Page 7 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 3. Proaram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, Le., 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 Justice Grants, at (850) 41 0- 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. I nclude Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). 15C.01 15C.02 15C.03 15C.04 Conduct an analysis of the data elements necessary to support the operational and administration information requirements ofthe agency as evidenced by the development of a data dictionary. Identify reports necessary to support operational and administrative information requirements evidenced by the development of report forms. 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. Automate a case management information and offender- based transaction system as evidenced by documentation of the system's hardware, software and operation policies. Rule 110-9.006 FDLE Byrne Formula Grant Application Package Grant Application Section /I - Page 8 OCJG - 005 (rev. April 2004) IbJ2 - "f! Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activity Implementation 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 additional "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 Quarterlv Performance Reports will be reviewed aoainst this schedule. Subgrant Period (October 1, 2004 - September 30, 2005) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Aor May Jun Jul Aug Sep Submit Financial Reimbursement X X X X X X X X X X X X Requests Submit Financial Closeout 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 Dec Jan Feb Mar Apr May Jun Jul 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 FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II . Page 9 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram -- F. Proiect Budaet 1. Budaet Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, 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 Indirect Costs Totals $113,757 $48,753 $162,510 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section 11 - Page 10 OCJG - 005 (rev, April 2004) lbJ2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram - 2. Bud et 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 a es if necessa . 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 year? 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 FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 11 OCJG - 005 (rev, April 2004) Rule 110-9,006 16J2 ,j ';<' -- 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 included in your budget please indicate the basis for 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% Request Match Consulting Services Goal 1 - Automated Intake 630 $90 $56,700 $39,690 $17,010 Goal,2 - Information 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* *Reimbursement will conform to State of Florida Policy Total all categories $162,510 $113,757 $48,753 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section /I - Page 12 OCJG - 005 (rev. April 2004) Application for Funding Assistance -- Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 terms 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 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section" - Page 13 OCJG - 005 (rev. April 2004) 16J2 -- Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms 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 termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Rnancial Guide and Byrne Program 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 Formula Grant Program. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, "Cost Principles for StateL Local and Indian Tribal Governments", 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 Governments. or OMS Circular A-11 0 and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgranttermination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance 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 performance 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. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, ifthe subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms 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 p.roject 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. FaLE Byrne Formula Grant Application Package Grant Application Section 1/ - Page 14 OCJG - 005 (rev. April 2004) Rule 110-9.006 16J2 1 'I 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 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. 5. Payment Contingent on Appropriation 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 and Local 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 reimbursement. Justification should address a 30/60/90-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 Byrne 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 work 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 costs for field trips 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 nbt 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. FDLE Byrne Formula Grant Application Package Rule 110-9,006 Grant Application Section /I - Page 15 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 10. Program Income (also known as Project Generated Income) Program income means the gross income eamed 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 Department's approval of the subgrant recipient agreement does not constitute 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 furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O. This obligation continues as long as the subgrant recipient retains the property, notwithstanding 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 OMS 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. Any 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 performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial 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 ofthe 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 managemenfs 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. FDLE Byrne Formula Grant Application PaCkage Grant Application Section /I - Page 16 OCJG - 005 (rev. April 2004) Rule 110-9,006 Edward B Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Pro 1 - ram d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date ofthe 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. Performance 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, termination, 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 government 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 FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section /I . Page 17 OCJG - 005 (rev, April 2004) lbJ2 .; j "\'1 --. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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 a 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 Changes 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 concemed parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision, b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's 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 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section /I - Page 18 OCJG - 005 (rev. April 2004) 16J2 - Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 ofthree (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, Financial 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 orthe implementing agency designates some other person signature authority for him/her, 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 receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes 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 hotline; 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 trust 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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 . Page 19 OCJG - 005 (rev. April 2004) Rule 110-9,006 --1 b J l .;~ ;~" -- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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 criminal 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 intelligence system under the Omnibus Crime Control and Safe Streets Act 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 intelligence 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 governing the operation of the system or faces the loss of federal funds. The Department's 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 national 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. FDLE B me Formula Grant A Grant A lication Section II - Page 20 OCJG - 005 (rev. April 2004) Rule 110-9.006 1 Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 of The 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, implemented 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, etseq. (Reference Section 803 (a) of the Act, 42 U.S,C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). 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, national 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 government services and transportation (Title II), public accommodations (Title 111). 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 ofthe employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) ofthe Immigration and Nationality Act ("INA"). 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 27 4A( e) of the I NA 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. 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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 funded 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, Participant's 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 Restrictions 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. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to 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 Lobbvinq 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 jail", as referenced in this condition, means an adult facility or detention center owned and/or operated 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 confinement 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 FDLE Byrne Formula Grant Application Package Rule 110-9,006 Grant Application Section 11 - Page 22 OCJG - 005 (rev. April 2004) lU..J~ - . ,~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program this condition, which provides for individual site environmental assessment/impact 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 properly 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 properly licensed disposal facilities or, when allowable, properly 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 living 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. FDLE Byrne Formula Grant Application Package Grant Application Section /I - Page 23 OCJG - 005 (rev, April 2004) Rule 110-9.006 1. 6\~1 ? 'i .~.,_,:.:')if. ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance 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 Internet at www.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 FDLE B me Formula Grant A Iication Packa e Grant A lication Section II . Page 24 OCJG - 005 (rev, April 2004) Rule 110-9.006 IbJ2 -... 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 official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the subgrantee (subgrant Recipient) . . . (Select one of the following): 1L-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): -1L-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 , further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal I w requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant ap tion for federal a istance is approved or face loss of federal funds. Signature 0 Type Name: Donna Fiala Title: Chairoerson subgrant Recipient: Collier County Board of County Commissioners Ek!'''1/e_'!J~()(} ", Date: :.,J".:, ~a4f..,' ":: -~. ..or'," ("I ATTES-t":> ; /,; ..'-\ III. ,'I? ~\ 1 ,'t' II'" ,~-... "'--, DWIGti! ~ ~bCK; ,- ., ..c:.' .; ...... _..~, k. , 0-9p~tyClerk, 'ust IS to Chl.1raan' s . SH 3~~~'.li..bIrt 0I1J. &legal~ A pp!' ~ FDLE B me Formula Grant A lication Packa e Grant A lication Section 11- Page 25 OCJG - 005 (rev. April 2004) Rule 110-9.006 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Se/ect 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 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 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. r \ I : Dwiaht E. Brock Name of Subgrant Recipient: Collier County Board of County Commissioners Name of Implementing Agency: Clerk of the Circuit Court. Collier Countv Florida Title: Clerk of the Circuit Court Date: 5' fv j fI' FDLE B me Formula Grant A Grant A Ilcation Section" - Page 26 OCJG - 005 (rev. April 2004) Rule 110-9.006 1 t1I , bJL: - Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram H. Si nature Page 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. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. ~tate of Florida . epartmel1t.of Law El1forcernftl1t ffice of Criminal Justice Grants Signature: Typed Name and Title: Clayton H. Wilder. Community Proaram Administrator Date: . .' Subgrant Recipient ',~..;. '. . . ..' A rizing OffIcial of Governmental Unit .... . ommisslon Chairman, Mayor, or Designated Representative) Typed Name of suJ~ Coli Signature: ~ Board of Count Commissioners Ie k~. ,t linplementing Agency .~' ~ J Official, Administrator ~r De,signated Representatlv9J ~::.. I, Typed Name and Title: Donna Fiala. ChairDerson Sb5'"/CJ~ . Date: Typed NemeOf Im~l~me~ting Ag:ncy~~ the Circuit Court. Collier Countv Florida Signature: '/ Typed Nam~nd T I Date: 61 /r ~ , legal ~ FDLE Byrne Formula Grant Application Package Grant Appfication Section 11- Page 27 OCJG - 005 (rev. April 2004) Rule 11 D-9,006 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 To: Clerk to the Board: Please place the following as a: v V V Nonnallegal Advertisement 0 Other: (Display Adv" location, etc.) ******************************************************************************************** Originating Deptl Div: Comm.Dev,Serv./Planning * Person: Rick Grigg 2800 North Horseshoe Dr. t;2:':/ ~~ 612::'/&bNaples, Fl. 34104 (239) 659 - 5731 * Put name & phone number in advertisement. Date: April 27, 2004 Petition No. (If none, give brief description): A VROW2004-AR5715 (IMMOKALEE, FLORIDA BLOCK A ALLEY) Petitioner: (Name & Address): Pablo & Agustina Grimaldo 924 Meriham Dr. Immokalee, F1 34142 Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) 1) James L. McGee, P.E. 226 Fairway Circle Naples, Fl. 34110 (Agent) 2) See list of abutting owners. Hearing before V V V BCC BZA Other Requested Hearing date: MA Y 25, 2004 Newspaper(s) to be used: (Comp!ete only if important): V V V Naples Daily News Other V V V Legally Required Proposed Text: (Include legal description & common location & Size: PETITION A VROW2003-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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? V V V Yes 0 No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131-138327-649030 ~Ye -tki Department Director Approved by: 4./?~/tJl D~te County Administrator Date ,r" List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) SEE LIST OF ADJACENT OWNERS .' I..~ DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: Iflegal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: V V V County Manager agenda file: V V V Requesting Division V V V Original to Oerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. ;;;;.;;:;;;;;;;;;;;~;;;;;;.~~.:~:...............................:::;.......................~ Date Received: "fiCA7,4Date of Public hearing: a~ Date Advertised: , / r '" " 178 i i I., 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 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. WHEREAS, pursuant 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. Page 1 of2 /' J- 178 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: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chairman Deputy Clerk Approved as to form and legal sufficiency: ~o Q.St ~.ff J e Ifer A. Belped 0 Assistant County Attorney Page 2 of2 DESCRIPTION OF 20' ALLEY TO BE VACATED 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 LYING BETWEEN FIRST STREET AND SECOND STREET OF SAID TOWNSITE OF IMMOKALEE. CONTAINING BOOO SOAURE FEET MORE OR LESS SUBJEC TO EASEMENTS AND RESTRICTIONS OF RECORD BY ______ ~_--~h\ O_+________________~ JOHN E. OUTWELL, P.S.M. LSI 3h4 CE FICA]', OF AUTHORIZATION ILB-43 R/W = GHT OF WAY P.B. = PLAT BOOK DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS A COMPARISION IS MADE, MEASURED BEARINGS AND DISTANCES ARE IDENTICAL WITH PLAT VALUES. EXHffirr "A" A VROW2004-AR571 S SHEET 1 OF 1 '-17 B .. NOT A SURVEY u Mar 02, 2004 - 14:10:44 KRIMESIS:\Projeng\Drawing1,dwg TITLE: JIM McGEE SKETCH OF DESCRIPTION 20' ALLEY TO BE VACATED TOWNSITE OF IMMOKALEE. P.B. 1, PAGE 60, COLLIER COUNTY, FLORIDA WilSlinMiller -'- ... ...... ~.!aqIIIt..".,..... ~MdlIIdt. ~~ WIiIcIJ..... b::. .... Fcrltton . _ . __ . T_ . r_......~- SD-,~_a. ,..ArillMlJHll11. _ ...--.AIr --- ..... ..-....- CLIENT: DATE: PROJECT NO.: MARCH 2004 SHEET NUMBER: riLE NO.: 1 Of' 1 1 H-1 7 n__~__ -1-:-1. ~] lofl RJ:)3 R CSJ.J,.. Prze>Ple rzr:-( \tJ l"-"""~ 250 I. RV 12:002004 - RIZ: 57/5 file://C:\DOCUME-l \grigg_r\LOCALS-l \Temp\6R1 DL40Y.htm 4/1/2004 <'-.--,- -, ,',",',-- "-" /Yl(,;*:k;:~;.~:: )~,~', ;j::;~/,9,:~::: : :- ,.,' '--:::,',,' .-,--_...-:..-,.:'-':: ..--,', ,---'-,----, ~ -, '.- ':' ': ' :,~;:;',:~l '_"".-"~'."A-i'::'- "_' ;_, >::-:'~:,_\ .,_" ,t. ,''', ':',' '>' ;';.-":,':,',:' :'.: ,;. _ _ -, ~~l'~~;LS'\f,~\;:.;\\f,,*-;';h~:;::~~~~:;it:%jA~;;(:,:j,:,,;: < ,i2~\ :._:i~; Details r- J ~ 1 7 BPagel ofl .(f) Follo'l\Io.11 00115880005 ~ .11 - CUrr$t"I10Wnel'$hlp. PropettyAdd",u~.2030AKST OWl'lE!"'N"rrieCHAPMANfI;RUITCOINC Add....... '2()3:OA,KSl" CJIMMOKALEE State FL Legal 34729 COMM NW CNRSW1/4 OF , NW1/4 SEC 3, S287FT, e 40FT TO. POB,S238FT, e 847.27FT N 15DEGE 255.21FT,W 891.10FT 'For more than four lines of Legal Description plea$e call the Property APpraiser'. OffIce. Township 47 Range 29 Acres 5,33 Latest Sal&sHistory Seetlon 03 t Use Code 100 44 IMPROVED INDUSTRIAL 2003 Final Tax Roll Values $ .259,838.1)0 t Date $ 952;677.00 $1.212.515.00 $0.00 $1.212;$15,00 $ 0.00 =}TaxableValue $1,212,515;00 SOH" .Seve Our Homes" exempt value due to cap on assessment increasas, Book "Page II -- The Information Is Updated Weekly. :;;J;~~h~,)~~S&.~~~~;;~v;:3:;;}:,.:,\.:~'::-;;;;t< ;:.,~:,;,::~:, :;-,---'.::,~.-'- ,: http://www.collierappraiser.com/RecordDetail.asp?Fo liolD=OOOOOOO 11.5880005" -;,.,--.;{ Details Page 1 of 1 2003'Final Tax Roll Values Township 47 ~ .Range . 29 . FolloNo.llo0120200007 Map, I OW"erNamli'TOMATOMANINC . Addr.ssea ;~PO $OX'S266 . Cl ';iMMOKALEE Section 03 ~S~bN~ ' Q .'e '~e I .~ Mill:" ~rJ.: ~' 100 44 II IMPROVED INDUSTRIAL Land Value S 441,385.00 Date.' I r+) 1l'Til:lr!)ved:Value $ 1.156,201.00 04/1998 . (iI>) Market Value $ 1,597,586.00 05 /1995 I HSOt\Exemnt Value $0.00 (ill)~$$'$.\ild Valoe $ 1,597j586.00 , (-)Hol'ne$tea'd and otherE"empt Value $0.00 fill} r~abl.Valu' $ 1,597,586.00 SOH" .SavEI Our Homes" exempt value due to cap on assessment Increases, -................................. , ; The Information Is Updated W~ekly. ~~~ti1\'i;~+l;,~~:~,-~~ "".-".....,,- ., , .,';;i';;:~::<?3;;~;:,,::;;;i http://www.collierappraiser.comIRecordDetail.asp?FoliolD=OOOOOOO 120200007 \>:,ri,"'" ",/.Y_;~'"" '''r:~ ~'" Sectfon 03. r , Details QWnerName .QASTON,FREO ACldre.... .HON 1S'1' Sr City lMMOKALEE II Statell FL II %10134.142 ~ 3~O2' Legal Town.hlP 47 ~. Range 29 ~ Sub No. ll.. Code 416500 27 IIMMOKALEE IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sales History $ 1051000.00 $ SOO.OO $ 105,500:00 $0,00 $ 105,&00.00 $0.00 -naxable Value $ 105,500.00 SOH': "Save Out Homes" exempt value due to cap on assessment Increases. B.oOk. Pa e 34a'1.1023.. .3.aaL.201:6 30St. 6,64 _. The Information is Updated Weekly. httJ> ;1/www.collierappraiser.comIRecordDetail.asp?FolioID=0000051190 140007 .i>:.). ~:<<~V: '!-:"~_:;';' :' Details ~ --. -.----.. i _. 178 . Folio No.11 51190120001 M.IQ. OWn.r Nam.~A$TON . FRED AddresSe. 110N1 ST ST CIMMOKALEE Section .. 03 State FL KALEE BLK BLOTS 1-4 & N F EIW V AC ALLEY ADJ TO & NOS OF LOTS 1-4 Acres .0,69 I ~~::::d. II 416500 27 Range II. 29 II ::~:~:~OMMERCIAL . ~ I ~ MIII:~. Area '.11 g ~ 41~:~;~:~~~ .~ M.~ "(1. 2Etl3 2003 Final Tax Rbll Values Lant! Value $ 50.62S~00 II . Date I I (+}.I!'nDrovedValue $ 30,482.00 II 07119931 f.).M~etValue' $81 ;107.00 (-)SOH ExemptValue .$0.00 (-IA...llsedValue $ 81 ,107;00 (-}Hom..tead .and'other. Exempt Value $ 0.00 (1l!) Taxilble Value . $ 81,107.00 SOH" .SavEI Our Homes" exempt value due to cap on assessment Increeses. - The Information is Updated Weekly. Iii ) A(t\O!int$O~OO I. ' ~~k-P;9. 1842-11519 <:~~~;;~,'(;,i\~~~t{f'j~{;;~:_L,L:" ~\-\,;:(:j~,/;,-, .,,::. -'- ~ http://vtww.collierappraiser.com/RecordDetail.asp?FolioID=0000051190 120001 ,;,<" :.\ '-, {<.-.' _[ :,:::.:' :-r, ~;:;;;:i': :,;;,~;)Jt;~;'i~$;\~~~'l;~~;:;ibl:{~;t~)il;tX~;~~ Details r 1_ 17 ... Folio No.~ 81681720003 Mal) I Stat. FL FREDWHIDD.ENS BLK 4 LOTS 8, 9 AND LOT 23 LESS 20Ft RfW I Section I . , 04 I I ~~S:::da ~ Township 47 II Range 29 II Acres 0.43 I ~:O~o. I ~. ~ MfII:~.Ar~all 1~~ I 711400 10 II WHIDDEN, FRED. VACANT COMMERCIAL 2003 Final Tax Roll Values Latest Sales History LandValue $ 41.000.00 I Date I (+llmDtoVedValua $0.00 I 03/1990 I {*rMarketValue $ 41~OOMO NS:OH Ex.mDt Value $0.00 {=} Ass..sed Value $ 47,000.00 H Homiilsteadandother Exempt Value $ 0;00 .=l Ta,xable Value $ 41,000.00 BoOk. Page I 1616. H'l8 . SOH'" .Save Our Homes. exempt value due to cap on assessment increases, - The Infonnetlon Is Updated Weekly. '-.~;\t:;:;/- ;~~~;)!;',;.::..:'~ " " '~>,::'~< -', :,',. -':::,;:- ':' :'_': i'_,'I:';~:(!)\';~;:; ,Xi\/> :-,,', ;~~:',;/~';~;~::X<'l ~:-"ii':;~_i:;~;~~:I.;,):,',iL http://www.collierappraiser.comIRecordDetail.asp?Fo lioID;""0000081681720003 Details r , 1." 7n !Ie.. o Page 1 of 1 FOlkfNo.111l16$1&80208.' ~I .... ". ... . OWn.tN.me R~[)RIGUEZjMARIAC Addt..... 5120 DEERRUNRD ...... CItY lMMOKALEE n Stat_tiFt II 11b134142 ..2~18 ,.--c LegalllFRED WHIODENS BLK 4 LOT 7 Sectlc)lt 04 Township 47 Range 29 Acres 0.13 ~6!r 711400 o I WHIDDEN, fRED VACANT RESIDENTIAL ~SUb No. ; Use Code 2003 Final Tax Roll Values Latest Sales History .Lal1dV,lue $ 6,138;09 I pate I .(""tlmPr<i'V.t1.v:ai~. '$()~OO IIiQ912oo31 .t!il)MarketVal~, $6;738;()O .' . (.ISO"'.xe!'i1PtValue $0:00 (",,)AillI-lIlifedV,lue $6,738.00 (.'1 H(I(tfe$tead.al'icftitherExe!'i'lpt.Value $0.00 ..'''')"taxableNalue... $ 6.738.00 B~Ok. P~i 3393.. io~~ . .~. Am(lul'it... I . $MO SOH ""SaveOurHornes" exempt value due to cap on assessment Increases; - The Information is Updated Weekly, >~;'-"i,' ,.>-,,,'.1, 411/2004 y; -,,:> :),~,~'~;~~(fj~i~;::~.iN/.:;:/ )",';:i::; http://WWVj.coUierappraiser.co1'l'J1RecordDetail,asp?Fo1ioID=000008168.1680208 .".(," ;";".;." -';r'..~~',:,,:"";-' . ',', :i.,:;,:>.<:!'.~:;::? ;'~i;~ d3:::~;\;, :,.,!,::;,:'..::;-,,-,:, ':;;>;:(_,'](;:'::::,I:,:':'::;\-::'{::'-;:'; " ~-:i~':":)-,-Jij:;;';ii~.f;'~~[:;~i{~i;';~~~%r: Folfo' No.118168168Q1D1 MlJ1 , ~ i _ 1 't ~e1Ofl Details Owner Name ZUNIGA. LUCY Addr...e. 331 ADAMS AVE W City IMMOKALEE II StateU FL II 2:IDI13414:2 410.9 L.~aIIIFREDWH1DDEN$]~LK4tOT6 TOWltsh1p 47 Range 29 Acre' 0'.13 ~ "'fl MlI\a5~~ A~ea .11, ~ iWiii II : =- . 16.270'.8' Section II 0.4 I Je :::::de ~ 71140.0 0. II WHIDDEN,FRED 'VACANTRESII:)ENTIAL 2003 Final Tax Roll Values Latest Sales History Lal1ctValUe $6,738.0.0. I... Dlite .! Ifllmbl'l;lvedValue . $l).()() 10.91200.31 (#)'N1.t~etValue $.Bt73~J)D ...I-)$QMl;x8\'llDtYliIU8 . $ DiDO ..l..IA..,Ssed.yalue .. $$,738;00 (")H()1'11~llt.ac:l.hd other Ex.mpt Val ue lG.OO (",rta)llible'Vahie $6,7$8;0.0 Book.. Page 3.3.93..~ 11 Amount I. $0,0.0' SOH .."Save Our Homes" exempt value due to capon assessment Increases, -- The InformatIon is Updated Weekly. http;lIwww;collierappraiser.comIRecordOetail.asp?FolioID=0000081t581680.101 ,',-: _;: ,'-,~." _'c. <C'::,' ' :ut,;_,:;,,'~i;;','::,<,:,~,:,"";;':'-" ',!:-).:",,/;,i\ / "-;.,,,,-,,; '. " ;: '.-'..:,: :;:,,:-\~~;::};,~i~i:,~\th:!::::';.:;:,::(;i;+i'\~~~\;i:;~t)~:J~:\;' Folio NCl.lls1681680004 Map; r Details t OWner Name GRIMALDO. PASLO=& AGUSTINA A Address.. 924MER1HAM DR Cltv 'IMMOKALEE II Statell FL II ZIIIII.341ot2 - Lellalll FRf!DWHIDDENSBLK 4 LOT 5 SectIon 04 Acre. 0.13 711400 o R~;9' II I WHIDDEN, FReD VACANT RESIDENTIAL Sub No. '1l Use COd, ~ '.~ TownshIp 47 2003 Final Tax Roll Values Latest Sales History Land Valoe $ 6,738.00 Date II B~~k - p~ge t+)llnDrovedValue $ 0.00 0311995 \I 203$ -1538 (-) Market Value. $ 6,738.00 II.~ SO.HExemDt Value $ 0.00 (-) Assessed Value S 6,738.00 H HQmeste.dand other Exempt Value $0.00 (!!O) Taxable Value S 6,738.00 ~. Amount . '1 $ (1,00 SOH" "Save Our Homes" exempt velue due to cap on assessment Increases, - The Information Is Updated Weekly. http://www.collierappraiser.comJRecordDetai1.asp?F olioID=O000081681680004 411/2004 ",<",,<.,/ - ",..;,"-',:;, , " '-':"<~),:>~\\~\';' ". ", :i;::,:,;,~~;j&:~~i~~;'.; ,",~! 1=0110 No.1 a1681640002 .. MD.' II - CurrentOWntlrship propel1YAdctr...11.21..1.ST 8TN I',. I 17 B Pall" IoU -, , . GJ . I Details Range 29 Acre. 0.13 II I .OWn"r~.me '~FtI~LDOjP~BLQ"& AGJ.JSTINA.A Add........924M.eFtIHAMO~ of 'IMMCII(AJ,:SJ; StjteJ=L . FReO'NHIDOENS.BLK 4 LOT 4QR 20:J6PG1538 Township 47 SeQtlon 04 ~ II Map No. 2E04 ~SUb t. Use COde "'fJ' fT'lll:l(t Area ~6=- I 71.1.400 12 II WHIDDeN. FRED IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sale$History LandValue . $&.'138;00. '(tllltll)t9VJd Vlll...." $ 22.til$;00 '..CllII)..","ketV.\Ue $2.;88~,OO It-\...s(:)HliXElrnprValue $0;00 I. ..("\A~'.'ed. VaItH~ $28.883.00 '.' mHQl't'll'illtillad liild Qther ExemptVaJl.le '. $0.00 ..J'1') "\"uablliValue $ 28;883.00 03 ~~t~5 ~ ....BoOk.....t:'age aQ3.6..~.f.SD II Amount. I .. '. $ 0.00 SOH ".SaYe OOi"Homes" exempt value due to capon assessment increases. - The Information is Updated Weekly. ~~-;;\;,:"(f"~::;':',,~,\\~~,:'~'.~:,~:i -,-\.; ,'.',..' \/";-:"""'~"-" ;"<:":-~:->--':--; ,;,;-:,-"i--,:-,--,.:_". "'-"'<;:"'~'\"o;"\ ,:" :;-'" ,- ", -: -)~ ':'-'~,:\~\;L:'-;:',:~:/~' :':~:;,<~~:/,i)~~t~~~f,~i;j~~;tt~;~~~~\:: http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000081681640002 TQwnshlp 47 ~ange 29 II Acres 0.13 1_17B Details '.' .. OiNnerNlllne ~FtlMALI)();PAStO,,;&AGUS'TINA A .,. ........ Addi't$"s 924MERlHAMDR C:l~ IMMOKALEE II StatltllFL II ZI6113414:2>. ...... Legal FRED WHIODENS SLK 4 LOT 3 OR 2036 PG 1536 Sl:ldlon 04 ~ NUn;CleAreal ~~ 16:2708 Sub No. .1ft Us~ ~de 711400 2 IWHIDDEN, FRED MOBILE HOMES 2003 Fjnal Tax Roll Values Latest 'Sales. History $ 6,738;00 $ 4,445.00 $11,183.00 $0.00 $ 11,183.00 0.00 (ill Taxabl.Value $11,183.00 SOH = .Save Our Homes" exempt value due to cap on assessment Increases. - The Information Is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000081681600000 ;~~'{',; :,,(.:),(~,:},,~':;~,:1;~,:\-': :,:;--';,c-'! ~-: ,'. . ..-~;;: ':. 'i',;., '::'.; :,:, :',.':-\:',::.:;.~:,,::': ',''''},\''''-''-,1':1;'.''''> " ,',:.; :;':)i:f:.:,;;::Si;:;;,;~,:1tl::}.:{tl*:~f:::a:~~~~~'0)*~}~~4~~~1 F<>lloNo.t'8~681S$O001 "MaP. .11 -&>..........~.... Current QwnerSihl ~. P'"l!"ii9A.-II~."srsr.~ 1.17 Page 10fl P '6i) L Details OWner Name . ORTIZ, .MARIA DEL SOCORRO V Addr.....127 N 1ST ST CI1MMOKALEf:i State FL L.gal~ ';ED WHIOOENS BlK 4 LOTS 1 + Acres 0.25 I Map N.o. '1 I 2E04 I' ~. M"I~I,'~rt' '.... ~ . . ~~.. 16.2708 . Section 04 h::::de I II Township 41 Ran~. 29 II 111400 1 I WHIDOEN,FRED SINGLE FAMILY REStDENTIAL 2003 Final Tax Roll Values LatestSilles History $ 15,400.00 $21,71)1.00, $ 37,101.00 $ 0;00 $ 37,101.00 $ 0;00 (=)Taxable Value $ 37,101.00 SOH = "Save Our Homes. exempt value due to cap on assessment increases. - The Information Is Updated Weekly. 'f; ;::'::',':. :l;.~~.'-~~!,t';:'.:;<i,' < " ',('_' (~:-,\" :.,-", "'.:i'~:-,:')-;" ',',":""'- OJ ~<,,~;". !k::;'~,M~'~::-,:,,;:::,~} '{n:~>' -, \~:(~~~5:~;~::~!~~\~'~~ http~/ /www.collierappraiser.comIRecordDetail.asp ?F olioID=000008168156000 1 i ... ~r,c~.:t; <':' .'. :'~, " 1 Details Own.rN.~. FROST, EDDIE 0=& JULIE B Add....... 128 S.ENTINELLACT CItV LeHIGH ACf{ES T Statell FL II ZI'r:lH339~6 .Or02 I lega'l~~EO WHIDDENS BlK 1 LOTS 11 + Sub No. '1J Use Code II II Township' 47 II Map No. 2E04 Strt~ No~ 7114001112&04 Section 04 Range 29 Acres 0.25 711400 11 I WHIDDEN, FRED IMPROVED COMMERCIAL 5 2003 Final Tax Roll Values Latest Sales History Land Value $ 1 9,250.00 Date Book, Paae A~o~nt " (+) IMproved Value $149,291;00 08 12003 3405 . 1536 $ 38S;00MO . /i1iIMarket Value $1 68;541 ;00 09 , 2002 ,31 1 Ii . 3034 $ 783 000.00 l-I SOH IEx.l\1J)tValue $ 0.00 /=1 A~.essed Value S 168,541.00 <-l Hc>mestndand other ExemotValue $0.00 /=) Taxable Value $ 168,541.00 SOH = "Save Our Homes. exempt value due to cap on assessment increases, - The Information Is Updated Weekly. http=//www.collierappraiser.com/RecordDetaiLasp?FolioID=0000081680 160004. '_''-c"_-,::-',,,:, ;: .. ;,- -,,;~;:- ';. C_,'., ,::'.'~~j:'):,\:~:e,:'i\~~i.::I:~~::,:~Wi;~",~ ii">'- .. . _ ,_ _ _ .'~ ~!;~W-i :;<,~j&d:;;l:;;:~-;\\~:):~' . Own.tN.",. . FROST, EDDIE elll&JULIE B Addr...., 128SENTlNEI.t.A CT CrLEHIGH ACRES L.gal~ ~~ED WHIDDENS BLK 1 LOTS 9 + State FL Page 1 ofl Details Folio No.ls16S0120002 Mll.l ~ Township 47 Range 29 1'. 1U108 Section U 04 II ~ ~.: ::de I Acr.. 0.25 I . Ma~ No. I I 21;04 . I ~~II:~~~~. II 711400 10 WHIDDEN, FRED VACANT COMMERCIAL 2003 Final Tax Roll Values Latest Sales History $19,250.00 SUO $ 19;250.00 $0.00 $ 19 250,00 $0.00 (= Taxable Value S 19,250.00 SOH: .Saw Our Homes" exempt value due to cap on assessment increases. -; The Information is Updated Weekly. !,,--~ , ',- " ,"","/\\1,':;i""-' ,. ,..;,!):..~:>> ::;~:':-,;, ~;};r~~:!;~;':;~~~~>,{ :-:tif,~ http://www.collierappraiser.comlRecordDetail.asp ?FolioID=O000081680 120002 Details FOIION<4816818.40006 "Miltll ,rl' curr.nt(),^,"er~h~ ._;ly Mil...-J ~"'Q'$T N QIf"".tNameRO$lLLQ.JOSELUIS. Acldl'...m1~09'.I\II!\IIQKAI..EEI)R.LQt'E6 tilMMOKAI..EE State FL Legalll ~~ED WHIDDENS BLK 4 LOTS 16 + ~ Section .11 04 ~ ~$: ::da ~ Ranga 29 . Acres 0,34 Township 41 II WHIDDEN,FRED MOBILE HOMES 711400 2 2003 Final Tax ROllValues $17;500;00 $ 18,4!i0;00. $3M50;OO $>0.00 $.35,~50;O.o $0;00 :i::.TllxiibleVaiua $ 35,$$0.00 SOH~"Sl!lveOLlr Homes" exempt value due to cap on assessment increases, - The Information III Updated Weekly, Page 1 ofl 0-";':: ?A, q,,-lt:' D)> .'!"~ 7 1. B II~-;~o' 1711::~.: 1~;~04 111J MI!11~1~~ I.' Latest Sales History ':~~~;~~&~?:~.2;~~:k';l\;ii;,~ i':',., i. -,'i,,';,_i'::;\';, ,,:'_::<<:":; ".' ',,~,,'i ' . http://www .col1ierappraiser.com/RecordDetai1.asp?FolioID~0000081681840006 ,'i",',:-;!;;' ,~ ': ,,', FOlloNo.IIS1681800004 M.aJ1 1.--17B Page 1 of 1 Details Section II 04 .. SU-b NO'II ..t Use Code Township 47 Range 29 Acres 0.34 "l.; M~l:gt Area ~6~ OWner Name DE LA LUZ RUEDA; MARIA AddresSes CYNTHIA CHRISTINE HINOJOSA $20NEWMARKETRD W CItY .IMMOKAlEE II State II FL II ZIDIt 34142 ~.3048 Legal FRED WHIDDENSBLK 4 LOTS 14 + 15 OR 1771 PG 2308 711400 8 I WHIDDEN. FRED MUL TI.FAMIL V LESS THAN 10 UNIT 2003 Final Tax Roll Values $17,(100.00 $6a;O!l~;I)0 $80.552.00 $0;00 $80;(152;00 $0.00 ("'T'a~.t>le Vliltue $80;552.00 SOH = "SaV$'Our Homes" exempt value due to cap on.assessment inCfea.ses: Date 011 2002 11/1992 -- The Information is Updated Weekly. http://www.col1ierapprais~r.comJRecord])etail.asp?Folio.Il):;::0000081681800004 4/1/2004 :~,:~:?\";:,:'j,:{;,1,;;L;~~t~):/j~i~,::_!~::,,',~,~,,:~;.~,'~,:-:.,:';,:; ,~>' ,ii~ .:\,-. (\'{ r ',,: - - ,. ': :,":":~~:;.'~\::~'i~;'\ '. ~ ,;,~("~,,,~,~,,\)\ ;':';",,~/:-,.;,..:. ;- 'DX;j;;,;:'i:;;~,{,\'::,;,i:f;i~):~:: ;i~I~j\\;';\~~';;~,:~;;,,~: 'J11' i.,:~~': ~'J"" .. .~~ ~';:~~:~ ,.. Details State FL FREDWHIDDet'lSBLK 4 LOTS 10~130R 1P14PG79 711400 11 Range 29 I WHIDDEN, FRED IMPROVED COMMERCIAL Acres 0.69 Ma: No. 2E04 1 \. ~~U~~:d. II ~ Township 47 S.~tlon 04 JfJ 5 2003 Final TaxR.oIIValues Latest Sales History "a...~fV'I.Q. '... $31 150.0p I.J...ll.....~,.Qve~V.lu. . $94,285;00 ..'(~)MlItk.tVa:luEi $125;436,00 (~)$<.lJifE)(iihitlfVttlu. $0;00 liil:.)Ass...etlVaIUe $125,43$;00 l")Honlelilf.ilcla:ndotherExemDf Value $ 0;00 (""t1'll)iable.,VaIQfj $125,43$.00 Oat. Booj( . Page Amount SOH"~SaveOurHomes" exemplvalue due 10 cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetaiLasp ?FolioID=0000081681760005 ""'l:~.:.';--<>-:':)';,>\": <., -:;'~ ':i~l;':\_;, ,,': "I_::;;/{~i~t;:_.-),tpjt ;":~;/,:;~X:;~\:~j:1 Folio No. '81680360008 . MlUt i ..... . ~.. 1 7 gge I oil 1-1 Details Owrler Nama FROST, EPOIE 0.& JULIE B Addr..se. 126SENTINELLA CT tIt\! . LEHIGH ACRES II Statell FL II Zlnll 33&36 . 0102 Legal FRED WHIDDENS eLK 1 A PORTION FLOT 23 & 24DESC AS:BEG AT W CNR OF LOT 24 E 20FT, N 3.50FT, E 70FT, S 10.50FT, E *For more than four linea of Legal Desert tion please tall the Property A pralsetsOfflce. Section 04 Township 47 Range 29 II Acres 0.17 Map No. 2E04 Sub No. U$eCode 711400 1 WHIDOENjf"RED SINGLE FAMILY RESIDENTIAL 5 2003 Final Tax Roll Values Latest Sales History Land Value $ 13,125.00 Date Book .Paae . Amount (+) Improved Value $ 12755.00 09 I 2003 3405. 1536 $.385,000,00 I C",)Mliitkat Vaiue $ 25,880.00 09 I 2002 3.115. 3034 $783,000.00 I (-)SOHExempt Value $0.00 (.) Asses.eel Value $ 25,880;00 (.) Homeaiteaeliandother Exempt Value $ 0.00 (.) Taxable VllIlJ8 $ 25,880,00 SOH" .Save Our Homes' exempt value due 10 cap on assessment increases, - The Information is Updated Weekly, http://www.collierappraiser;cornlR.ecordDetail.asp?F()1ioIO=00000S168(J3oG008 4/1/2004 ,'-' -:_~-,',::~':.<i:,{:-<- -' ,', n.;,:'-, i,:'''''':' ~"'\:;::', .-, ; :,'--' , ,--"--",,,,-,,,,,,:,,-, ~:: :.!,,':\-' -.. :~\..}ii: ~,i'):~' (. ,: ,;.' Legal~ FReD WHIDDENSBLK 1 LOTS 21 + 22 l" 17 Details Fc)llolilC).~e16802800()7 Mart ..1 ~erNaltl.t:'R()STI!!t)PleD.& JULIEB Ad.d!'.I...1~8SENTIr\leLLACT Clt.EHIGHACRES Section 04 M:;~O. .11 '1J MIII:ge Mea. ~. Stra~IiIO. .71140012.121;04 Range 29 Acres 0.34 II I ~- 16.2708 ~ Sub No. ~ll~ Code 711400 o I WHIDDEN, FRED VACANT RESIDENTIAL 2003 Final Tax Roll Values Latest Sales History . Land Value $ 26,250.00 Date Book. Paoe Anlount I (+}I,l1tprovedValue $50:00 09 f 2003 ~05 .1536 . , $ 38~.OOO.00 (111) Market Valile $ 26;300;00 09/2002 3115.3034 $ 783,000.00 HSQH ExemDtValue $0.00 (",}A$ses..d value $ 26,300.00 (.) HOMeatel!.d and other ExemDt Value $0.00 (=) Taxable Value $ 26,300;00 SOH = .Save Our Homes" exempt value due to cap on assessment increases. -- The Information Is Updated Weekly. ;<:; :,\',~,> ,;,~ ;~,.<,;-, _,_'-,,<.i:-;'.' "-,\'.'\i},"::'l\;' ';>-'i/-:'~i~:' :~;~~:r;~~:~~.;tm::\~~;;t~ti~i!iFh{N~~;,~; http://www.collierappraiser.comlRecordDetai1.asp ?F olioID=0000081680280007 1_178 "". April 29, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVROW2004-AR5715, BLOCK A ALLEY IMMOKALEE Dear Pam: Please advertise the above referenced notice on Sunday May 9, 2004, and also on Sunday, May 16, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Maureen Kenyon, Deputy Clerk Account No. PO# 912501 r ,.....,.1 . ...; t,1I>, 178 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider petition AVROW2004-AR5715 James L. McGee, P.E. and William L. Barton, as agents for the petitioners, Pablo and Agustina Grimaldo, does hereby request 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk (SEAL) IL 178 Maureen A. Kenyon To: Subject: legals@Naplesnews.com AVROW2004-AR5715 Please advertise, acknowledge and if any questions, please call 774-8406, Thanks. ~ ~ A VROW2004-ARS7 A VROW2004-ARS7 lS.doc lS,doc 1 Maureen A. Kenyon 1_17B ... From: Sent: To: Subject: postmaster@clerk.collier.fl.us Thursday, April 29, 2004 2:23 PM Maureen A. Kenyon Delivery Status Notification (Relay) fC"'/'I U AIT337708.txt PUDZ-2003-AR-457 5, THE BOSLEY... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 29, 2004 2:27 PM Maureen A. Kenyon Delivered: AVROW2004-AR5715 r:-7. /1 L.2::J A VROW2004-AR57 15 <<AVROW2004-AR5715>> Your message To: legals@Naplesnews.com Subject: AVROW2004-AR5715 Sent: Thu, 29 Apr 2004 14:27:44 -0400 was delivered to the following recipient(s): legals on Thu, 29 Apr 2004 14:26:45 -0400 1 ....j \, '.:/:' r "f, p, l,~. 7 t Maureen A. Kenyon r I \ \ , \ ,..17B From: legals [Iegals@naplesnews,com] Sent: Thursday, April 29, 2004 3:15 PM To: Maureen A. Kenyon Subject: RE: AVROW2004-AR5715 ok received -----Original Message----- From: Maureen A. Kenyon [mailto:Maureen.Kenyon@c1erk.collierJl.us] Sent: Thursday, April 29, 2004 2:28 PM To: legals@Naplesnews.com Subject: AVROW2004-AR5715 Please advertise, acknowledge and if any questions, please call 774-8406. Thanks. <<A VROW2004-AR5715.doc>> <<A VROW2004-AR5715.doc>> 4/2912004 Dwight E. Brock Clerk of Courts Cm.i~fyofC0~lier ~ 1_ 1 7 8 CLERK OF THE CIRCUIT COURT .'-. \ COLLIER COUNTY CpURTIJPUSE 3301 TAMIAMI T~IL EA'ST P.O. BOX 41'a044 ". NAPLES, FLORIDA ~~~ 10 1-3044 ~/ ! ~ , ,.".,," Clerk of Courts Accountant Auditor Custodian of County Funds ,.., /".,.. ...: _;/1 April 29, 2004 Pablo & Agustina Grimaldo 924 Meriham Dr. Immokalee, Fl. 34142 Re: Notice of Public Hearing to consider petition AVROW2004-AR5715 Dear Petitioners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCf,/LERK 7(;~:,~ '", / I Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts CoU{11Y?fCollier : 1_ 1 7 B CLERK OF THE CIRCUIT COURT - '_0. \, COLLIER COUNTY qoURTijPUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4}~044 \" NAPLES, FLORIDA '~~101-3d44 ~I . \\,( '.,l-::. Clerk of Courts Accountant Auditor Custodian of County Funds , I :j~J " April 29, 2004 Mr. James L. McGee, P.E. 226 Fairway Circle Naples, Fl. 34110 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Mr. McGee: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 7/):,;.w~ ~~ Ma6reen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: coIlierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts -Coi!~ty~fC<)l,1ier r~~(1. CLERK OF THE CIRCQIT coufr" COLLIER COUNTY qoURTIlPUSE 3301 TAMIAMI T~IL EA'$T P.O. BOX 4~~044 "., NAPLES, FLORIDA'~,1101-3d44 .,. t/ 178 Clerk of Courts Accountant Auditor Custodian of County Funds . I ::.!~1 / April 29, 2004 Chapman Fruit Co., Inc. 203 Oak St. Immokalee, Fl. 34142-3768 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGH:. E. BROCK'J~RK , _ ..,' .' <:::'::.t. / /~ ,:/ - . ,.'/,.,,-n.../ Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK~~t~1:ii~t~~ COIl'- ~ 7 8 COLLIER COUNTY qaURTFtPUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4ia044 \, NAPLES, FLORlDA ;~,4101-3044 "1 ~/ I Clerk of Courts Accountant Auditor Custodian of County Funds \.3 ~j / April 29, 2004 Tomato Man, Inc. P. O. Box 3266 Immokalee, Fl. 34143-3266 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK -,>f-'/' /,. .-' '.",--,. ( Maureen Kenyon Deputy Clerk / ---" Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK '~~~~~~0;;: JURf 7 B COLLIER COUNTY qoURTijPUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4f~044 \" NAPLES, FLORIDA~~41 0 1-3044 t/' Clerk of Courts Accountant Auditor Custodian of County Funds I ~J / April 291 2004 Fred Gaston 110 N. 1st Street Irnmokaleel Fl. 34142-3702 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on TuesdaYI May 25, 20041 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on SundaYI May 9 & May 161 2004. You are invited to attend this public hearing. SincerelYI DWI~~T E. BROC51 aLERK "'-". / Q;;..~ / /,' ..,.',""-....,.. / ,. Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK '~~~~~~~;: C~URT J - COLLIER COUNTY qoURTijPUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4~a044 \. NAPLES, FLORIDA\31l01-3{}rf4 \..:n t( 178 Clerk of Courts Accountant Auditor Custodian of County Funds j~1 / April 29, 2004 Mateo & Nora Ayala 207 Washington Ave. Immokalee, Fl. 34142-3133 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '-J:/ ~ ,., .,.,''',....,../. /," .' .- -' , 'A I " Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.t1.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.t1.us Dwight E. Brock Clerk of Courts CLERK~Uf~~i~t;~ coot. COLLIER COUNTY CpURTllPUSE 3301 TAMIAMI T~IL EA'ST P.O. BOX 4~~044 ", NAPLES, FLORIDA~~,1101-3044 ". \'.( 178 Clerk of Courts Accountant Auditor Custodian of County Funds . , "'~,1 . / April 29, 2004 Maria C. Rodriguez 5120 Deeer Run Road Immokalee, Fl. 34142-2318 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 7:--/7 ~}/~ ,/ /<' '-':> j,,c', "./ zr;:,,~ ./' .'. -". ...- / :,. Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK;~~~i~t;~ cou!' l? 8 COLLIER COUNTY CpURTPJ,pUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 41;~044 ", NAPLES, FLORIDA \3~101-3044 \!"I \,( ! Clerk of Courts Accountant Auditor Custodian of County Funds -;/1 April 29, 2004 Lucy Zuniga 331 Adams Ave. W. Immokalee, Fl. 34142-3109 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 7a ~ r --::'?<-,:/;, /. ./. ":.~'~ ,..1' / ~::r:e:' K~~;~n "~~ Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.f1.us Fax - (239) 775-2755 Email: collierc1erk@c1erk.collier.fl.us RE- .. .___"^ Dwight E. Brock Clerk of Courts CoUptyuof'C<,lliert r CLERK OF 'fHE-GIltCUIT COU~ - COLLIER COUNTY CPURTij,PUSE 3301 TAMIAMI TRAIL EA'$T P.O, BOX 4ia044 , NAPLES, FLORIDA~~5l0l-3044 "I tf'. 17B ~. :; Clerk of Courts Accountant Auditor Custodian of County Funds . I .J _-;/ April 29, 2004 Maria Del Socorro V Ortiz 127 N. 1st Street Immokalee, Fl. 34142-3701 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ' ~...0""""'/ "-i~ Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'CoujityofCollier CLERK OF THE-GIJ~.CUIT COORT COLLIER COUNTY CPURTij,PUSE ,.' 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4ia044 '. NAPLES, FLORIDA~~;l101-3044 "I \,( 1 ~ ,~ J.178 Clerk of Courts Accountant Auditor Custodian of County Funds C:--/ April 29, 2004 Eddie D. & Julie B. Frost 126 Sentinella ct. Lehigh Acres, Fl. 33936-0702 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK,)~RK ;;t;%/ c;.f- ~ ~..: - . './ ....~- . ~ . ~ . .,- ,tJ-,-.... . '_~'.. ...._I-.;;.--'"....-~:=....- I Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts COlijityofCt11lier, ,_ 1 7 B CLERK OF THE-CI_RCLJ:IT COURT COLLIER COUNTY qaURTl'f,PUSE 330 I TAMIAMI TRAIL EA'ST P.O. BOX 4ia044 " NAPLES, FLORlDA ;~j I 0 1-3044 -"1 t( Clerk of Courts Accountant Auditor Custodian of County Funds I ~J " April 29, 2004 Jose Luis Rosillo 1509 Immokalee Dr. Lot E6 Immokalee, Fl. 34142-3400 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16/ 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK~f~~i~~;~ eOUR' - COLLIER COUNTY qaURTllPuSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4i~044, NAPLES, FLORIDA'~,4lOl-3044 "' t( 178 Clerk of Courts Accountant Auditor Custodian of County Funds .:,~::! . / April 29, 2004 Maria De La Luz Rueda Cynthia Christine Hinojosa 920 New Market Rd. W. Immokalee, Fl. 34142-3048 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ':1a~ '//'. ,/ C;;;;::./,..,~ / / ~ .. ~ . -~~ --"". ".- . .--1 _~.-. "r (_/ MAureen Ken;on .,..,' - Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierc1erk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts h;i"~ CoujifynofGollier .. 11- CLERK OF 'fHE"C!RCUIT COURT COLLIER COUNTY qoURTFf,PUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4i~044 ..., NAPLES, FLORIDA ~~,4101-3d44 .,1 . \'/ 1 ?'B Clerk of Courts Accountant Auditor Custodian of County Funds -~!'/ . / April 29, 2004 James G. & Shirley Raynor P. O. Box 1012 Immokalee, Fl. 34143-1012 Re: Notice of Public Hearing to consider Petition AVROW2004-AR5715 Dear Property Owners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9 & May 16, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,:"'-r?, ~/ , ' /'"...,~.. - - / / 14:-'.'" ,.;.r~~.r'-I- - .( Maureen Kenyon Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Naples Daily News Naples, FL 34102 1_ 178 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58851302 912501 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/09 05/16 116.000 INCH 05/17/04 ----------------------------------~-----------+---------------------, Signature of Affiant / ~ Sworn to and Subscribed bef~re me this ) 7,z!. day of J-y) ~~ personally known by me 7,IcVJ,"-,ff &.~ .:-~~"ii.~";;;'.. H . . f*:: ':':: MY COMM omell Bushong '%.'j;.." ....~:j ISSJ'ON If OD234689 EXPIRE, ',<' o'Fco",. uly 24 2007 ' ""11111\'" GONDm rHPU r~f' '.- ,JY f4.!N IflJ~U,f;!A~jCr ft',lrC. AD SPACE: FILED ON: 20 tJV NanCE OF PUBLIC HlARING =~I~e:l.lllven Commllllonera. ~ Iler, Coutlty win. hold a P.Ub11c heatl~OO Tues- itay. May as. . In the Boardroom. 3r Floor, Administration Ilulldlng, Collier County Go~rn- ment Center. 3301_ast Tamlaml Trail, 61'.lles, Florida. The me Ing wlll begin at 9:00 . . The Board. will cOl1llkler Petition AVROW2004- AR5715 James L. McGee, P.E. and William L. larton. u. . alilents for the peti- tioners. Pablo and ~us- tlna Grimaldo. does hereby request to dis- claim, renounoe Il'Id va- f~:' p~\11c9:,ml;:.r~~ the 20 Foot wlft ~In Block A. ,celordlng to the Plat . of "hnmokilee. Florida" as recOl'ded In ~1&1~'ol"lr County . Florida. locaMd In 'iiicilon 3. Towl\lohlp 47 SOiitf\, 'RanllIZI East. NOTE: All Peraol1ll wish- Ing to speak on any - ='=h~-=W~:I' mlnlstrator. . ,rior to pre- sentation 0 the agenda Item to be addretsed. Individual .Peake'" will be IIm"*l toa minutes on any: ltem.~. aeIec- tlon Of an II. I to speak on b alf (I an organlRtlon or O/'OUP Is encouraoed. If recog. nlzedlW the Chair, a spokesperson for a group or orlla.nlzatlon may be allotted 10 min- utes to speak on an Item. Plersonl wishing to have written or llraphlc materials Included In ..the Board agenda pack- ets mUlt submit said materlal a minimum of 3 weeks prior to the re- spective public hearing, In any case, written ma- terlalslntended to be considered bY the loard shall be submitted to the. appt'OJIrlata county. staff a mlmmum . of sev- en days prior to the pUblic heli'lng. All ma. terlal used In presenta. tlons before the Board will become a perma. nent part oftfle reCord. . Any person who decid- es to appeal a decision of the Board will need a record of the proceed. !r3J ~~~aLnln" thereto refore, ~.may need to enlure that a verbatim record of the proceedings Is ~ade, whIch rec.ord Inc. udes the testimony an evi- dence upon whle the appeal Is baSed. Any questions or con. cerns shollld. be dl. rected to Rick Grigg. Collier COUntY Commu- nity PevelopmentlPla. nnlng Services Section at (239) 689-5731. 10ARP OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA DONNA FIALA, .BROCl<. C I reen Kenyon. , Deputy Clerk (SEAL) Mav 9. ~6 No.60S871 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 3409852 OR: 3574 PG: 1637 RBCORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL OS/27/2004 at 01:35PM DWIGHT E. BROCK, CLERK 178 ., RBC FEE 15.00 COPIBS 3.00 RESOLUTION NO. 2004- 177 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 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. WHEREAS, pursuant 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 <tA" attached hereto and incorporated herein. Page 1 of2 OR: 3574 PG: 1638 178 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 '25 --cJ::!:. day of M F=f Y , 2004, after motion, second and majority vote favoring same. DATE~~~~,~" ATTEST:. ' : '" D\yICHT E. BRo'CK" Clerk J \"'" I t,,_, J ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "-' i~~~. ~ Attest as to Chairman's $1 gliitUtI 0Ck 1.J . BY: ~~ d~ Donna Iala, ChaIrman ~--:..... Approved as to form and legal sufficiency: ~O,Q,.Sl. ~ J e Ifer A. Belped 0 Assistant County Attorney Item # \'lB sIzs(ol4 Agenda Date Dale I IN I Rec'd 525/lI-J Page 2 of2 DESCRIPTION OF 20' ALLEY TO BE VACATED ALL THAT PART OF TOWNSITE OF IMMOKALEE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK I, PAGE 60, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. THE 20' ALLEY ADJOINING LOTS 1- 16. BLOCK A LYING BETWEEN FIRST STREET AND SECOND STREET OF SAID TOWNSITE OF IMMOKALEE. EXHffiIT "An AVROW2004-AR5715 SHEET 1 OF 1 CONTAINING 8000 SQAURE FEET MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BY ______ ~~_--~~1~4---_-------------- JOHN E. OUTWELL. P.S.M, LS# 3~4 CE FICAT: OF AUTHORIZATION #LB-43 R/W = IGHT 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. *** OR: 3574 PG: 1639 *** ~ PINE STREET I 60' R/W Mar 02, 2004 - 14: 1 0:44 KRIMESIS:\Projeng\Drawing 1 ,dwg .. NOT A SURVEY .. _....II.W~ WilsonMiller " ,...... ~.~..,.,..,..,.... ~~. 71w1prid:n~ MPa . .... kx:. ~. Fiortltwo. ~. _.T_ .T_._~_ :IllI)llIifIr~_a. __--..;g. "- _.". SP-fIHl/tI.-., ___ CLIENT: JIM McGEE SKETCH OF DESCRIPTION TITLE: 20' ALLEY TO 8E VACATED TOWNSITE OF IMMOKALEE, P.8. I, PAGE 60, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: MARCH 2004 SHEET NUI,lBER: riLE NO.: 1 OF 1 1 H- 17 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) !AO:... 1-~17C I i .. ********************************************************************~******************************** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl, AICP -t( V Date: 41..P-O rJ. - 'Ro~Js.,~ Petition No. (If none, give brief description): PUDZ-2003-AR-4575~UD Rezone . Petitioner: (Name & Address): Robert L. Duane, AICP, HoleMontes, Inc., 950 Encore Way, Naples, FI 34110 Name & Address of any person(s) to be notified by Clerk's Office: David Gustafson, Benderson Evelopment Company, Inc., 8441 COOl Creek Blvd., University Park, FI 3420 I Hearing before BCC BZA Other Requested Hearing date: Mav 25. 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: PUDZ-2003-AR-4575, Benderson Development Company, II represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting a rezone from "A" Rural Agricultural to "pUD" Planned 1,; Development to be known as The Bosley PUD for a maximum of 303 multi-family affordable housing dwelling units for property loca approximately one-quarter mile south of the intersection of 1-75 and Immokalee Road, in Section 30, Township 48 South, Range East, consisting of 20.23 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: R~ " /"2- g /e~ ,zrepartment Head ~ate · List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval bef submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~~ Date of Public hearing: 5'h~ / Date Advertised: -=if-- ORDINANCE NO. 04 - , ',t'iI'''' . 17C ; , , . .. 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 CLASSIFICATION 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 INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; AND BY PROVIDING AN EFFECTIVE 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 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 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. SECTION 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 DWIGHT E. BROCK, CLERK ~~ Patrick G. White Assistant County Attorney PU DZ-2003-AR -457 5/FR 10 Page 1 of 1 1_17C THE BOSLEY PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT , I L l \( '" '---- '\ " ";','1\ \" ; ,~ . j, ' '~.."\ , J r' ;.i 'ie, \ \ ~ t 4 l ,~\ 1/ \ \~\' ~\j\~' \ \ J PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 1.- HM PROJECT 2002121 \, \ AUGUST, 2003 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" f l' H:\Public\Patrick\PGWZngIFReischel\Bosley RPUD (042304-847),doc 1 TABLE OF CONTENTS . 1<.'_ 17" - Ll 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 EXHIBITS Exhibit A - PUD Master Plan 2 H.\Pllhli(';\P~tri(':k\PGW7na\F'Rp;r;::("hpl\"Rr\~lp" RPT Tn rnLlj1t1Ll_RA1'\ t1nr> SECTION I STATEMENT OF COMPLIANCE i. .~ d:1 ~ '(J F'.' r;i~ 1 7.' t.~ ,,1iI _.. ..""- t..1 The development of I20.23 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 proj ect will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each ofthe 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 subj ect 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 of303 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 Objective 2 ofthe 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 Obj ective 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. " .) H.\Pllhli~\P~trirk\Pn-W7no\FRp1~,...'hpl\~r.c;olPH RPTTTl fnJl""~(\;1 QAT' ~,...,.. /"- . J 170 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL I .. 2.1 PROPERTY OWNERSHIP The Benderson 85-1 Trust, WR-l Associates and RB-3 Associates are owners ofthe 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 ('i4) mile south of the intersection of 1-75 and Immokalee Road and comprises 20.23 acres. Physical Description The subj ect property is vacant at the time ofthe 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. 4 H'\Pllhli('\P~trlrlc\P(;'W7no\J;"Rp.1C'r'hpl\ J:!:",:dp'U "RPT rn ({)L1" 1: fill _QII"7\ Aro..... ~"......- I~ lIe SECTION III ST ATEMENT OF INTENT AND PROJECT DESCRIPJION 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 ofthe 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 Immokalee Road. 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 "A." 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 ofthe project is approximately four (4) years from the time of issuance ofthe first building permit, or 2006. However, actual build-out will depend on market conditions. 5 H:\PublicIPatrickIPGW7,wIFRfOi<c.l1fOIIRn,lpv RPT rn (()Ll?,nLl.~Ll7, .-i,,~ SECTION IV GENERAL DEVELOPMENT REGULATIONS '-17C 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 POD as adopted and any other conditions or modifications as maybe 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 de[mitions set forth in the LDC in effect at the time of building permit applicatiQn. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bosley POD 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 ofthose regulations not otherwise provided for within this PUD remain in full force and effect. In the event of conflict between the provisions ofthis PUD and the LDC the provisions of this PUD shall govern. Items not specifically stated in this POD 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. 6 4.2 SITE CLEARING AND DRAINAGE 1_17C ~. Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments ofthis 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 APPROVAL 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 ofthe final subdivision plat, (if required) by the subdivision regulations set forth in Division 3.2 ofthe 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 the 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 ofland occur, Section 3.3 shall be applicable to the development of the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL 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 ofthe project site, there is a surplus of earthen material, off site disposal is also hereby permitted subject to the following conditions: 7 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. J- 17C B. A timetable to facilitate said rE<moval 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 ofthe Collier County Land Development Code. 4.9 NATIVE VEGETATION - The proj ect shall meet the requirements ofDi vision 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 common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 SIGNAGE All signage shall be in accordance with Section 2.5 ofthe Collier County Land Development Code, as applicable, except for the following deviation: 8 U.'P.,hl;".\D.,t...;..l...\DnnT?.........\"'C'D"".;...."')..".....1\D....~l~... nOT rn /AI1""1...,nA 0 A "7\ ..-l_~ /.. 1--_17C 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 proiect, the maximum area ofthe sign shall be 12 square feet. If the Bosley PUD and the residential component ofthe Donovan Center PUD are developed as separate praiects, 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 LA1~DSCAPING 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, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 2.11 of this PUD. 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. 9 g.\Pllhl;('\P';ltr.j..Ir\pnU17nn\"RDp~C'''h.,.1\O",,1<=>~,DDTTT'\ ((\I1'1"2f\11 011'7\ ...I......... SECTION V PRESERVE AREA REQUIREMENTS 1_17 .... 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 :1:4.0 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. 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). C. Maximum height of accessory structures is fifteen (15) feet. 10 w .1.0,11-.1.;....\ P<"\.,.rt"'1r\nr:U17.......,..\l;D "";........1-."'1\ D,.,....l"'~. n nT Tr\ fA A"'l"'lAA 0 11..." ..J__ 1_1? c " 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. for impacts to protected species. 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. 11 W.\Pllhli.....\P'ltr'i....1r\pnur7...,N\h'"D,:.;",...h""I\O",,1.,.11 DDTTT\ (()/l''1'2{\11 QII'7\ ..-:l........ SECTION VI r PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENfrAi DEVELOPMENT 17C 6.1 PURPOSE The purpose ofthis 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 Boslev 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 Immokalee Road six-lane construction adjacent to Strand Boulevard, or upon the completion of construction ofthe 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 subj eCt 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. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal residential uses permitted in this PUD, including recreational facilities, maintenance facilities, and a clubhouse 12 J....r.\Pllhli,..\P-:ltrf....v\pnUT7no\J;l),::.;C'r"'h""'l\Urwl""H DOT fr'\ (f'lI1,..,~nl1 QI1"7\ rl^,", ,_1~1C ~ 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. 13 TT.Vr",,1_1;_\T'\~..L._;_1_\n"'1T7'""7 ',,-no. 1 "..... 1 .............~T-r-. '" ......"'....., ~ .__ . i_u17'~ 1-. 6.5 DEVELOPMENT STANDARDS The permitted uses and standards for multi-family dwellings are as follows: 1. 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 11. 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 adj acent to any preserve unless it can be demonstrated that it will not adversely impact the integrity ofthat preserve (i.e. Fill may be approved to be placed within ten (10) feet ofthe 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. 14 ~.\Pllhl-i('\P':ltr1r'v\Pn.U17""(T\HPo.;C'......hLO>l\n^"1"",,DDTln (f'\;1')']{);1 011"'7\ -l~~ SECTION VII DEVELOPMENT COMMITMENTS 1_ 17 C w... 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 ofthis 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], 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 ofthe Collier County LDC. For this PUD, a minimum of4.6 acres ofn8tive vegetation shall be retained on site at the time of site development plan approval. D. An exotic vegetation removal, monitoring and maintenance (exotic free) pla.1J. 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. A. All traffic control devises, 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 15 H:\PlIhli"\P"tri"k\P(;W7n(7\FRpi,~hpl\RMlp,, RPTTn (11d'")'H1J_Q~7\ riM J-- 17 C 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 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 haye 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 UTILITY REQUIREMENTS The purpose ofthis 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 ofthe 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 Permit must be received by the Development Services staff prior to any construction drawing approvals. 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 ofthis project shall be required to satisfy 16 U.'D..l...1~.....\n".._:~1~\nr'll7__\T:'n_:__I__1\n__l___n"""Tr.. In....''''.....,..,.. ^......~ , I 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 fmal development order. 1~17C 7.5 WATER MANAGEMENT REQUIREMENTS The purpose ofthis Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subj ect to compliance with the appropriate provisions ofthe 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 Affordable 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 Affordable 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. 17 H'\Pllhlir.\PMrir.k\PGW7no\PRpl~rhpl\"R(\C'P\f RPTln {()Ll...,{.nLLQIl'7\ riAl"" TOO~ l_l?C .. ~ i . . ..! If Iii . .. I; : ... ... i ./' Z I . III I .. r ,.. ..c c .. ~ = I & 'I j; ... lei d Id,. r~J ~b, i Ii ~;t .. a ;. , , I i I i .1 ! I J ____- :==C:=--==:==:=---;:-';;:;:;';';;::::=::::~;;~ ::::::=--=:=--==:=::=::==::::::=~!!"::::=:=:==::::=::::~::::~==-~~:==::= ----- ---- -------------- ---. I .. .. 5 I I ,. ~(1)t ?I I li~ , a I !'" !!i i = . .. n of I I a .. I .... . ~ f I E ! ~~ " !~ I .. Ii ~ -~ I !5 a · I I ~ I I .. II> ~ I ; ~ r: " .. ! . I i 8~: . II> I' i . i .. l :-:-=if:_~~€ if il I I A3a ~INrrKROJ OJ H3Il10J 8969t~9T~6 IVd LO:OT ~O/6Z/~O ,_l~C April 29, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2003-AR-4575, The Bosley PUD Dear Pam: Please advertise the above referenced notice on Sunday, May 9, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Maureen Kenyon, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDIN~CE t- 17C Notice is hereby given that on TUESDAY, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 CLASSIFICATION 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 INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES, AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2003-AR-4575, Benderson Development Company, Inc., represented by Robert L. Duane, AICP, of Hole, Montes, 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 one-quarter mile south of I-75 and Immokalee Road. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 1:. 17 Any person who decides to appeal a decision of the Board will need a c: 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk (SEAL) Maureen A. Kenyon To: Subject: legals@naplesnews.com PUDZ-2003-AR-4575, THE BOSLEY PUD Please advertise, acknowledge, and if any questions, call me at 774-8406. Thanks. ~ PUDZ-2003-AR-457 5.doc ~r~ u PUDZ-2003-AR-457 5.doc 1 _,:1 'i 17C Maureen A. Kenyon From: Sent: To: Subject: postmaster@c1erk.collier.fl.us Thursday, April 29, 20042:28 PM Maureen A. Kenyon Delivery Status Notification (Relay) J- 17C r~ ~71 L::::J ATT337596.txt AVROW2004-AR57 15 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@Naplesnews.com 1 Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 29, 2004 2:22 PM Maureen A. Kenyon Delivered: PUDZ-2003-AR-4575, THE BOSLEY PUD ~./. C:::J PUDZ-2003-AR-457 5, THE BOSLEY... <<PUDZ-2003-AR-4575, THE BOSLEY PUD>> Your message To: legals@naplesnews.com Subject: PUDZ-2003-AR-4575, THE BOSLEY PUD Sent: Thu, 29 Apr 2004 14:22:16 -0400 was delivered to the following recipient(sl: legals on Thu, 29 Apr 2004 14:22:04 -0400 1 .' I l.1.C.. --~l-.7-s-- Maureen A. Kenyon From: legals [Iegals@naplesnews.com] Sent: Thursday, April 29, 2004 3:14 PM To: Maureen A. Kenyon Subject: RE: PUDZ-2003-AR-4575, THE BOSLEY PUD ok received -----Original Message----- From: Maureen A. Kenyon [mailto:Maureen.Kenyon@c1erk.collierJl.us] Sent: Thursday, April 29, 2004 2:22 PM To: legals@naplesnews.com Subject: PUDZ-2003-AR-4575, THE BOSLEY PUD Please advertise, acknowledge, and if any questions, call me at 774-8406. Thanks. <<PUDZ -2003-AR -4575. doc>> <<PU DZ -2003-AR -4575. doc>> 4/29/2004 Dwight E. Brock Clerk of Courts 'Colipfy'ofG<lUier ~ CLERK OF THE "CIRCUIT COURT" - COLLIER COUNTY qoURTij.PUSE 3301 TAMIAMI niAIL EA'ST P.O. BOX 4~~044 \, NAPLES, FLORIDA ~~,91 0 1-3044 .. \~( 1 17C Clerk of Courts Accountant Auditor Custodian of County Funds , I j~1 " April 291 2004 David Gustafson Benderson Development Company 1 Inc. 8441 Cooper Creek Blvd. University Parkl FL 34201 Re: Notice of Public Hearing to consider Petition PODZ-2003-AR-4575, The Bosley POD Dear Mr. Duane: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on SundaYI May 91 2004. You are invited to attend this public hearing. SincerelYI DWIGHT E. BROCK1 CLERK ~en Kenyon, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts ----,- ,. "-'- '. '., . .1. '~'1. ~7 ~ Go.1!utyofCo11er ;~::". '. 1/ ~ CLERK OF THE-'CIRCUIT COURr - , - COLLIER COUNTY CpURTPfPUSE 3301 TAMIAMI TMIL EA'ST P.O. BOX 4t-~044 ", NAPLES, FLORIDA ~~,1101-3d44 'I \'/ I Clerk of Courts Accountant Auditor Custodian of County Funds , I ::~1 /' April 29, 2004 Robert L. Duane, AICP HoleMontes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-4575, The Bosley PUD Dear Mr. Duane: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Maureen Kenyon, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Naples Daily News Naples, FL 34102 J- 17C Affidavit of Publication Naples Daily News --------------------------------------------------+------------------ NOTICE OF IN1IH~. CONSIDER ORDINANCE Notice Is hereby given that on TVnDAY, May 25, 2004. In the Board- room. 3rd Floor. Admin- Istration Building, Col- lier Coul1tyGovernment Center. 3301 East Tamla- ml Trail. N~I... Florida, the Board of County Commissioners will con" sider the enactment of, a Co.untll' Ordinance. The meeting will com. mence at 9:00 A,M. The, title of the proposed Or-' dlnance 1511$ follows: ; AN ORDINANCE AMEND-.'I' ING ORDINANCE NUM- BER 91-102, THE COLLIER COUNTY LAND DEVEL-' OPMENT WHICH! INCLUDES OMPRE- HENSIVE REGU. LATIONS FOR .. CORPORATED lJNWF COLLIER COUNTY,' FLORIDA BY AMENDING .THE,OFFICto\.l......ZDNING ATLA$J.lAJrNUMHRlD- 86301'1; BY CHANGING THE ZONING CLASSIFI- CATION OF THE HEREIN DESCRIBED REAL PROP- ERTY FROM "A" RURAL AGttlCUI. TURAI. TO" "PUP" PLANNED UNIT DEVELOPMENT KNOWN' AS THE BOSLlYPUD LO- CATED APPROX~TELY ONE-OUARTERMILE SOUTtf OF THE INTER- SECTION OF 1-75 AND IMMOKALEE ROAD IN SECTION 30, TOWN~HIP 48 SOUTH. RMiCOE 26 EAST, COLLIER COUNTY, FLORIDA~ CONSISTI.NG OF 20.23 ACRIi$' AND BV PROVIDING AN EFFEC- TIVE DATE. PUDZ-2003-AR-457S, Ben-I' derson Deve'lopment Company. Inc., repre. sented b)l' Robert L. Duane, AICP. of Hole. Montes, Inc.. requesting a rezone from "A" Rural AgrIcultural to "PUO" Planned Unit Develop. ment to be known as the Bosley PUD for a fmaxlmum of 303 multI- amllY affordable hous- Ing dwelling units for property,located one- quarter mile south of I. 75 and Immokalee Road. BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58851298 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/09 148.000 INCH 05/10/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -7 - - - - - -,-: - - - - - - - - - +- Signature of Affiant ~, ------f Sworn to and Subscribed before' me this )l~C~day of Personally known by meN/vu-,ff f3/~~d ..,~W:~/'tiJ", H . l~?-'J;;.""t::.-:.-:. ameli Bushong ~~:.~.~:J MY COMMISSION ~ DD234689 EXPIRE~' ;.:;..,.':.;.~;... . July .4, 20(17 , ' ~~ ( , ',~', :.:",:. 'C' ~.' ",' 1 "'"I' AD SPACE: FILED ON: Yv1 ~cr-- 20 0 Lf ,. ,:,,,- Cop-Ies of the proposed Ori:llnance are on file with the Clerk to the IIOard and are available for Inspecijon. . All Inter- uted ~Ies are Invited to attend and be heard. NOTE: All P<<$OllS wIsh- Ing to speak on any lltInda It8m mUlt regl$- ="I:::to'- DrlC:~ p~: sentatlon of the agenda Item to be addressed. Individual speakers will be limited to 5 mInutes on anll' Item. The selec. tlon of an Individual to speak lln behllff of an organ. Izatlon or group Is el'lCcmrlloed. If recog. nlzed by the Chairman. . spokesperson .for a group or orgll-nlZlltlon may be altoffild 10 mln- ~:~~ to speak on an Persons wishing to have i written or graphic ma.' terlals Included In the 1I0ard..Ultnda packets must submIt said ma. terlal a minimum of 3 weeks prior to' the reo spectlve ,public hearing. In any case, written ma. terlalslntended to be considered by the Board shall be submitted to the, appropriate County staff a minimum of sev. en days prIor to the public lleai1ng. All ma- terial used In presenta. tlons before the Board will become a perma. nent part of the record. Any person who decides tothelUlpeal a decIsion of Board will need a reo cord of the proceedings pertaining thereto and therefore. may need to ensure that a verbatim record of the proceed- Ings Is made, which reo cord Includes the testl. , many and evldencer ~~~~~ICh the appeal! BOARD OF COUNTY COMMISSIONERS h~Mg~ COUNTY, Donna Fiala. CHAIRMAN &':JlT Eo BROCK, By: IS/Maureen Kenyon. ~Lfr Clerk Mav 9 No. 605863 MEMORANDUM 1 7 C k~' Date: June 8, 2004 To: Fred Reischl Community Development & Environmental Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004-32 Enclosed please find one copy of the document as referenced above (Agenda Item #17C as approved by the Board of County Commissioners on May 25, 2004 Should you have any questions, please call me at 774-8411 Thank you. Enclosure ORDINANCE NO. 04 - 32 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 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BOSLEY PUD LOCA TED APPROXIMATELY ONE-QUARTER MILE SOUTH OF THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 17C 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 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 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. SECTION 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 ma..t.t I ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FLORIDA BY: ~ d~ DONNA IALA, CHAIRMAN '~'" . ' ~ Patrick G. White Assistant County Attorney PUDZ-2003-AR -457 5/FRlo Page 1 of 1 17C THE 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: 5, ;;.. ~ - 01./_ Ordinance No. J. 00 '-I ~ 3 fJ... Amendments & Repeals EXHIBIT "A" G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 c1ean,doc 1 T ABLE OF CONTENTS 17C 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 EXHIBITS Exhibit A - PUD Master Plan 2 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 cJean,doc SECTION I ST A TEMENT OF COMPLIANCE 17C The development of :1:20.23 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 ofthe 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 ofthree (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 of303 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 Objective 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. 3 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc SECTION II 1 7 C PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND ST A TEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The Benderson 85-1 Trust, WR-1 Associates and RB-3 Associates are owners ofthe 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 (14) mile south of the intersection of 1-75 and 1mmokalee Road and comprises 20.23 acres. Physical Description The subject property is vacant at the time ofthe 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. 4 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 17C 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 Immokalee Road. 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 "A." 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. 5 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 cIean,doc SECTION IV GENERAL DEVELOPMENT REGULATIONS 17C The purpose ofthis 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 ofthis 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. 6 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc 17C 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 ofthe 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 APPROVAL 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 the 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 ofland occur, Section 3.3 shall be applicable to the development of the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL 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: 7 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 c1ean,doc 17C 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 ofthe 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 ofthe Collier County Land Development Code. 4.9 NATIVE VEGETATION The proj ect shall meet the requirements of Di vision 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 ofthe 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 common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 SIGNAGE All signage shall be in accordance with Section 2.5 ofthe Collier County Land Development Code, as applicable, except for the following deviation: 8 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc 17C 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, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 2.11 of this PUD. 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. 9 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc SECTION V PRESERVE AREA REQUIREMENTS 17C ~.\ 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 :1:4.0 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. 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). C. Maximum height of accessory structures is fifteen (15) feet. 10 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc D. E. This PUD shall be consistent with the Environmental section of the GJr 7 C Conservation and Coastal Management Element and the LDC at the time of final development order approval. 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 ofthe 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. G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc 11 SECTION VI 1 7 C PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAC 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 Immokalee 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. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal residential uses permitted in this PUD, including recreational facilities, maintenance facilities, and a clubhouse 12 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc 17C "llJI 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: 1. 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 * Minimum Distance Between Structures - one-half of the building height Floor Area Minimum - 600 SF 8. 9. 10. 11. Minimum setback Principal Structures from preserve boundary - 25 feet Minimum setback Accessory Structures and all other site alterations from preserve boundary - 10 feet 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. 12. G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 c1ean,doc 13 SECTION VII DEVELOPMENT COMMITMENTS 17C ",A 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 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], 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 of4.6 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. A. All traffic control devises, 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 14 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 clean,doc edition, and the Manual On Uniform Traffic Control Devices (MUTCD), cJ.enV C edition. All other improvements shall be consistent with and as required bfthl 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 UTILITY 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 Permit must be received by the Development Services staff prior to any construction drawing approvals. 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 15 G:\Current\Reischl\PUDlBosley\PUD doc 4-23 c1ean,doc the requirements of all County Ordinances or Codes in effect prior to or conlrZ C 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 ofthis Section is to set forth the water management commitments ofthe project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions ofthe 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 ofthe 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 Affordable 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 Affordable 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. 16 G:\Current\Reischl\PUD\Bosley\PUD doc 4-23 c1ean,doc 17C " " " " " " " !i. -" '- ::~C~~~~:~~~i;:;:M';;;;;;'; ~ " ' " I . rl i' ,8 ... :: I. l - -- - .. z ~l IE'" ill~ tD I lI!! .. Ul A.Ul 0 IE i ~ u ~i c tD ::l 'i~ " .... ; ci . .. :s. 0 .. III .. 0 ... IE ~.. ..:. f .. u c.. . tD .. C .. ... IE .. oC tD ~ III ~ ID!C)~ ... .. IE 0 f .. "~c U III .. ... ~ C IE z .. ~ 001 :;; ::l 11/ C if u ~c u m .. I c ; "UlC a IE o.z " ..... f .. C ... .c :ii! tD ce~ ~ z c C 11/ ... :IE 13 c>( liUl ----------.--- ~ ... --------------- --------------- ---- -----------.-- -- - -------~--~~~~~;:~=====~=========~ ..~~?~~:~:_----- ------- --- ~ I :J!l .. z C i I i I I -~---t- M i i , <lz) : i tD ::18 .... tD 1 1 :i ~ >Ii!" riEl & 11/ IE .t tD ... ~ ... ~g .... tD III f ::; Exhibit "A" fT~ It..'li I il ~ III IE c d .. .. .. ~ u . J' : ! I ~ i A. >- -' 1&1 I III I 0 II I ! ~ l- I . I ! i 17C 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-I 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 Leoal Description) 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, 9 3, as Land Development Code (LDC) 9 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: H:\Public\Patrick\PGW Agreem< Exhibit "B" 17C 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: I n the event of a conflict between terms as defined in the LOG or in Ordinance No. 90-89, Section 4, the definitions of the LOG will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LOG 9 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 ceases to publish an established median income as aforesaid, the Parties hereto shall mutually Page 2 of 23 H:\Public\Patrick\PGWAgreements&Forms\AffHsgn\AHDB\AHBD Bosley (041404-1606),doc 17C ~ ,n j,.':ji 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 99 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 B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income 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 verification shall be 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 Page 3 of 23 H :\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C -~~ 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 8, Exhibit 8, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary 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 8, 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. 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 Page 4 of 23 H:\Public\Patrick\PGWAgreements&Forms\AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C 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 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 Page 5 of 23 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C :" Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance. 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 all or part of its 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 Page 6 of 23 H :\Public\Patrick\PGWAgreements&FOrmS \AffHsgn\AH DB\AHBD Bosley (041404-1606) .doc 17C " 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 having any ownership 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. Page 7 of 23 H :\Public\Patrick\PGWAgreements&F orms \AffHsgn\AH DB\AHBD Bosley (041404-1606) .doc 17C 12. Recording. This Agreement 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 construction takes 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 Page 8 of 23 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C 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 any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. Page 9 of 23 H :\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:~: DWIGHTS\\ I '~ Attest:-~-.. ~~'. " ;1,. I~..;.~. ..~\'l\i., e., ....~ll Wf7;~"'.~ ..:.:t.;J .... .~ .':: ~...' r..../-.-,.".,~- \ .. -;..::. . ~ e. "." " . ,..... . ~ l : i..1 ,,\t,'," )"~ .. '" . <~: · ~"':~' .'::-- .~ik.= DEifJUf'E;ler ~~, .,,:. y:: ~." 'c"...... ...._~.;-.. ..'~ ""1, ,'j/'o:Ai ...........\,...,~.J.". ,~. ',"I. I"'a~t''-J ", "1"1 W .,.\" JIl/.IIPI'- ~,d,as... .,lof,orm and legal sufficiency: .\4 Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORID By: DEVELOPER: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd. By: Bl~ ;T of UJmR - 1:. IN(.. l4Ji2I-.I ~O(.l~ L'1D. ~AAd ~\.. OUJ -r~0~\ ~ of e>t.Nd~ON BS -l ~6r yAo~nH~ of 'R0.~ ~~'Tru, Witnesses: (PRINT NO SIGN NAMES BELOW) ')>J~ STATE OF FLOR A ) COUNTY OF QOLL~E2, ) rYlA-N t't1 u... The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by ~ANd~ \. 'b'<J....\c\tn::,oJ or' ~htAl...Lo.f ~A~~,J 85-1 TfIJ~-r" ,-p, -3 ~. ANti W~Nt. ('0. ~U5L.l 01'1 ~HA\..{ ni U)~-J: -A<<;.~oCA~ WITNESS my hand and official seal this II day of rn~ 2004. My Commission Expires: Notary Public . I I ~ ~ Aliell H GI :.. ~ : My Commlllion 'or..." El\lllresMln:h31 2007 Page 10 of 22 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606) .doc 17C APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom Max Rent Utility Allow. Net Rent 2 Bedroom ~ ($942.00 $82.00 = $860.00) 3 Bedroom 68 ($1089.00 - $119.00 $970.00) 4 Bedroom TOTAL 137 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 76 ($785.00 - $82.00 = $703.00) 3 Bedroom 75 ($907.00 - $119.00 $788.00) 4 Bedroom TOTAL 151 VERY-VERY LOW INCOME (40% MI) Efficiency 1 Bedroom 2 Bedroom 10 3 Bedroom 5 ($628.00 - $82.00 = $546.00) 4 Bedroom ($726.00 - $119.00 = $607.00) TOTAL 15 (l) Base residential density allowed in this development 7 units/acre. (2) Gross acreage 20.23. (3) Maximum number of affordable housing density bonus units allowed 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/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 %. Page 11 of 22 H:\PUbliC\patriCk\PGWAgreements&FOrms\AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C \ , '~ ""'''~ APPENDIX A. EXHIBIT 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 Bare 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, choose the household income level (moderate, low, or very low) of the affordable housing unites) 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, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordable 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 Table 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 l/lOth 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. Page 12 of 22 H :\Public\Patrick\PGWAgreements&F orms \AffHsgn\AHDB\AHBD Bosley (041404-1606) .doc 17C" ~ APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary . T ABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMSIUNIT EFFICIENCY AND 1 2 3 OR MORE MODERATE (OWNER-OCCUPIED, 0 1* 1* SINGLE-F AMIL Y) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-F AMIL Y OR MUL TI- F AMIL Y) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-F AMIL Y OR MUL TI- F AMIL Y) 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. Page 13 of 22 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN F AMIL Y ! ~ ~ 4 ~ ~ 7 ~ 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 Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LlHTC) 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% F AMIL Y INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 80% 60% 50% 35% 25% 1,218 975 731 609 426 304 1,462 1,170 877 731 511 365 1,690 1,351 1,014 845 591 422 1,884 1,507 1,131 942 659 471 UTILITY ALLOWANCES LOCATION ONE BIR UNIT TWOBIR UNIT THREE BIR UNIT FOUR BIR 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. f/densitybonus/inc&rent rev. 4/01 Page 14 of 22 H:\PubIiC\patrick\PGWAgreements&FOrms\AffHSgn\AHDB\AHBD Bosley (041404-1606).doc 17C APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co- Tenant Name Present Address: Date of Application: Amt. Of Sec. Deposit:_ RacelNational Origin: Handicap: Yes _ No_ RacelNational Origin: Handicap: Yes _ No_ Street City State Zip Telephone No. How Long at this Address: Name of Landlord 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 Name of Previous Landlord City State Zip Telephone No. Street APPLICANT: Present Employers Name City State Zip Telephone No. Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Monthly $ Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Job Title Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $_ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. Job Title Every 2 Weeks $ Birth Date Monthly $ Page 15 of22 H:\PUblic\Patrick\PGWAgreements&Forms\AffHsgn\AHDB\AHBD Bosley (041404-1606).doc 17C How long with Previous Employer NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE ~ AGE SOCIAL SECURITY 1. 2. 3. Job Title PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: How Long Known: How Long Known: Page 16 of 22 H :\Public\Patrick\PGWAgreements&F orms \AffHsgn\AHDB\AHBD Bosley (041404-1606) .doc 17C APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State I hereby make application for an apartment at 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. Zip Telephone No. Apartments. 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 determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Auulicant Co- Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ - $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ - Widows Benefits $ $ $ $ Union Pension $ $ $ $ - Self-Employment Business, Silent Partner, etc. $ $ $ $ - Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION 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 EXECUTED 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. Page 17 of 22 H :\Public\patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606) .doc 17C APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Job Title: Present Employer: 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 VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Annually Monthly Supervisor 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: THE VERIFICATION 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. Page 18 of 22 H :\Public\Patrick\PGWAgreements&Forms \AffHsgn\AH DB\AHBD Bosley (041404-1606) .doc APPENDIX C lye DEVELOPER APPLICATION 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 ofPUD zonin 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? xx Yes No If yes, state date of application _July/2003 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 15 units/acre. Gross acreage of the proposed development. 20.23 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? _XX_ Yes No. If yes, please state name and location of the PUD and any other identifying information. ro' ect located south of Immokalee Road and west 0[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. Page 19 of 22 H:\PUblic\patrick\PGWAgreements&FOrms\AffHSgn\AHDB\AHBD Bosley (041404-1606).doc 17C 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Unit Rental Owner Occupied Efficiency One Bedroom Two Bedroom 155 Three Bedroom 148 Other Bedroom TOTAL 303 T ABLE II Number of Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Rental Occupied MODERATE INCOME (80% MI) Rental Owner Occupied Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 69 3 Bedroom 68 Other TOTAL 137 Page 20 of 22 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc Total Number of Affordable Units in Development Proposed Use for Density Bonus Units 17C Rental Owner Rental Occupied Owner Occupied VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom _76 3 Bedroom 75 Other TOTAL 151 Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Rental Owner Rental Occupied Owner Occupied VERY-VERY LOW INCOME (40% MI) Efficiency 1 Bedroom 2 Bedroom 10 3 Bedroom 5 Other TOTAL 15 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. Page 21 of 22 H:\PUbIiC\patrick\PGWAgreements&FOrms\AffHSgn\AHDB\AHBD Bosley (041404-1606).doc Summer Lakes Apartment Phase II and III 17C 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 features and physical amenities will contribute 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 either one or two phases on approximately 20 acres. The property location is at the southwest comer of the 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, resident 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 carpet, mini blinds, ceiling 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. Page 22 of 22 H:\Public\Patrick\PGWAgreements&Forms \AffHsgn\AHDB\AHBD Bosley (041404-1606).doc "7 f","'" ~", . /J \:::D L STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-32 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004. DWIGHT E. BROCK Clerk of court,s .,an:d'~r;;ler. k Ex-officio ~o" ~~~.:~~~~{'!.I" \" County Comm~~'s..~'<?'I?-~~ ....~'~ ~: ~): ,",,', I"~,,,.. ... ': . .:G..,): "':-_ , ._; .,"{...l '(); , ',. .!'" ...... ~. . ::~~."," ".,,/!!~;~ }iii . ....,.. . ' ~.r -,. . c;o .., By: Linda A ~"'''1i~u.t4~e~':~''''''~ / '. 'I.:'! ......... ~'::& .' Deputy Cler,~J:ne~' ~~"\\,,, , , . . . I I I 4 , I I \ ~ I \ ' ' ' " ;'.' --...--.--.--- - ._,-,-~"..~--~.."". 04/15/04 14:54 FAX 94164369lj/l COLLIER CO COMMUNITY DEV 1tJ002 COLLlEa COUNty FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,- 17D To: Clerkto tbe Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: *******************.************************************************************************************* Origma.mg DepO o;"~~:~'~';'~'~l!i~~~~, Date' 1/;5"~'; petition No. (If none, give brief desctiption)~IttIILJ!:'}_~;>j'l Petitioner; (Name & Addrel!)~fr!Jark Construction, 1700 sant~ B~b~a Blvd., Naples, FL 34116 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing d'-"'~;"ed on advertisement appeat...il.:.-' Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: CU-2003-AR-4249, Mr. Mark Perry, of Kenmark ConstructioD, Inc;,requesting a Conditional Use per LDC Section 2.6.33.4.1 to allow for a model home in the "E" Estates zoningdistrid. Property is located at 1010 39th Street Southwest, further described as the north 180 feet of Tract 153, Golden Gate Estates Unit 27, near the southeast comer of Pine Ridge Road and Collier Boulevard, in Section 14, Township 49 South, Range 26 East. Collier County, Florida, consisting of 2.7-j: acres. Companion petition(s), if any & proposed bearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be cbarged for advertising costs: Reviewed by: ~ ~, . ...Ia A1epm-.Head ~D.re .. y Approved by: County Manager Date List Attacbments: DISTRIBUTION tNSTRtJCTlONS A. For hearings beforeBCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legaJ document is involved. be sure that any necessary legal revieW, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. County Manager agenda file: to Requesting Division Original Clerk's Office ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Rece ate of Public hearing: .~..,.( /$;ate Advertise "';n:- r:, I I .. ~. r 17D RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 AND 2.6.33.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition, CU-2003-AR-4249, filed by Mark Perry of Kenmark Construction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 153, Golden Gate Estates, Unit No. 27, according to the plat thereto recorded in Plat book 7, Pages 17 - 18, Public Records of Collier County, Florida. Page 1 of2 ,... r 170 Is hereby approved for Conditional Use 9 of Section 2.2.3.3.9 of the Collier County Land Development Code in the "E" Estates Zoning District for a model home and sales center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to F orrn and Legal Sufficiency: Patrick G. White Assistant County Attorney CU-2003-AR-4249/MD/lo Page 2 of2 04/15/04 15:14 FAX 9416436968 COLLIER CO CODUNITY DEV ~001 1_170 RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDlNG 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 LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit n A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of CoUier County, Florida that: The petition, CU-2003-AR-4249, filed by Mr. Mark Perry of Kenmark Constnlction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 153, Golden Gate Estates. Unit No. 27, according to the plat thereo recorded in Plat book 7, Pages 17 - 18, Public Records of Collier County, Florida, Page 1 of 2 '-170 Is hereby approved for Conditional Use 9 of Section 2.2.3.3.9 of the Collier County Land Development Code in the "E" Estates Zoning District for a model home and sales center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ~oved as to Form and ~~ Patrick G. White Assistant County Attorney CU-2003-AR-4249/MD/lo 1- 1 tD .... NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trailr Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2003-AR-4249, Mr. Mark Perry, of Kenmark Construction, Inc., requesting a Conditional Use per LDC Section 2.6.33.4.1 to allow for a model home in the "E" Estates zoning district. Property is located at 1010 39th Street Southwest, further described as the north 180 feet of Tract 153, Golden Gate Estates Unit 27, near the southeast corner of pine Ridge Road and Collier Boulevard, in Section 14, Township 49 South, Range 26 east, Collier County, Florida, consisting of 2.7+/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any caser written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is mader which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALAr CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk (SEAL) r J 170 FINDING OF FACT BY COLLIER 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 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: EXHIBIT "A" 1.170 FINDINGS OF FACT BY COLLIER 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 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" ",. .1.,-" -- -- .... ......- ........ ".. ~-----, - I III ~ (":t I I I 14 1& II ~ II' I E/ ~~- --- " i ==.= t ..' .- I l . I --- I i I ~.' I -.... ~~c - .. ... Ii l.~ ~ . . '- n1 . ~I ~l w t'.1 I ~~tl:l >< . ll.'l::J '" lI:: ~ H I txJ H ~ ,., . i - txJ ~jl = ! ~} ! ! ~:2:<Ba~ ;:-r-- -!-Q- ~ "Ofg:! ~a~s~ nl)J~CI);: :~U)i1P ". r.l" · 'F.D ~~~2 .h; Iii'.' _~ I ill! : ~ ! I ~Q~~ . ~ ~ ,;Ih III1 C') :b ~ f ~ Ii! i ~l ~ ~ : III , II ""'t .0'0813 .01,II.ao II I. ~ ~ KEJlIMMt( COil'lSTRUCTIOM ~::-=~ ~:-- MODEL. HOME CONDITIONAL USE MASTER PLAN N 1lO' - TRACT 153 - I.N1' ~ 6 OOLCEN GATE ESTATES ......... .... ---- .. -. I... I. 170 Conditions for Approval of Conditional Use CU-2003-AR.l249 (Aprill, 2004) ""~ 1. This conditional use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. Should the property owner wish to continue the approved use beyond the two (2) year extension, the property owner shall reapply 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 in 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 use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 91-102) 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the Course of site clearing, excavation, or other construction activities a historical or, archaeological artifact is found, all development within the minimwn area necessary to protect 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 center is not intended to allow the full scope of real estate activities and shall be 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 design and constructed, to the County's "Local Road" standards, along the entire frontage of this property on 39th Street S.W. within six months from the approval date of this request. Exhibit "e" r I i" J<, , 170 April 15, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Correction to: CU-2003-AR-4249, Petitioner's Name Change Dear Pam: Please advertise the above referenced notice on Sunday, May 9, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O.lAccount # 113-138312-649110 1_170 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2003-AR-4249, Mr. Mark Perry, of Kenmark Construction, Inc., requesting a Conditional Use per LDC Section 2.6.33.4.1 to allow for a model home in the "E" Estates zoning district. Property is located at 1010 39th Street Southwest, further described as the north 180 feet of Tract 153, Golden Gate Estates Unit 27, near the southeast corner of Pine Ridge Road and Collier Boulevard, in Section 14, Township 49 South, Range 26 east, Collier County, Florida, consisting of 2.7+/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'C oqrtym o f.,C<ll,li er CLERK OF THE--CIRCUIT COURT COLLIER COUNTY QaURTllpUSE 3301 TAMIAMI TRAIL EA'ST P.O. BOX 4~~044\. NAPLES, FLORIDA ~~101-3d~:4 ~I ' \'t I 1-17D ."~ : . '.#'::'_::'~ '" ,~- -<'.} ... Clerk of Courts Accountant Auditor Custodian of C~unty Funds " I ::.J~(f / April 15, 2004 Mark Perry Kenmark Construction, Inc. 1700 Santa Barbara Boulevard Naples, FL 34116 Re: Notice of Public Hearing to Consider Petition CU-2003-AR-4249 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~,~,O.C, Ann Jenne~hn,~eputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Ann P. Jennejohn 1-170 To: Subject: Georgia (E-mail) Correction to CU-2003-AR-4249, Kenmark Construction Hi Pam, The attached is a correction to CU-2003-AR-4249: the only change is the person requesting the petition. It should read "Mr. Mark Perry", NOT Julie Hill. We would still like it advertised on Sunday, May 9,2004. Sorry for the inconvenience, Thank you, iJ iJ Ann/Minutes & Records Dept. CU-2003-AR-4249. doc CU-2003-AR-4249. doc 1 Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com) Thursday, April 15, 2004 11 :54 AM .~jphn .>teet-ection to CU-2003-AR-4249, Kenmark Construetion 1~.170 r::-?1. / C:::J Correction to :U-2003-AR-4249,.. <<Correction to CU-2003-AR-4249, Kenmark Construction>> Your message To: Georgia (E-mail) Subject: Correction to CU-2003-AR-4249, Kenmark Construction Sent: Thu, 15 Apr 2004 11:53:55 -0400 was delivered to the following recipient(s): legals on Thu, 15 Apr 2004 11:53:51 -0400 1 Ann P. Jenne~ohn I., 1 !l'=' n l ~.~ " u ^' From: Sent: To: Subject: postmaster@clerk.collier.fl.us Thursday, April 15, 2004 11 :54 AM Ann P. Jennejohn Delivery Status Noti r~ B ATT51642.txt Correction to :U-2003-AR-4249,,, This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Correction to CU-2003-AR-4249, Kenmark Construction Page 1 of 1 :~" _.. 1 -77 D 1"""."",__",_ Ji:~'l - ~______._.____..__. Ann P. Jennejohn From: legals [Iegals@naplesnews.com] Sent: Thursday, April 15, 2004 12:20 PM To: Ann P. Jennejohn Subj -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Thursday, April 15, 2004 11:54 AM To: Georgia (E-mail) Subject: Correction to CU-2003-AR-4249, Kenmark Construction Hi Pam, The attached is a correction to CU-2003-AR-4249; the only change is the person requesting the petition. It should read II Mr. Mark Perryll, NOT Julie Hill. We would still like it advertised on Sunday, May 9,2004. Sorry for the inconvenience, Thank you, Ann/Minutes & Records Dept. <<CU-2003-AR-4249.doc>> 4249.doc>> <<CU-2003-AR- 4/1512004 l!V15i:04 _11: 29 FAX 9416436968 COLLIER CO COMMUNITY DEV (i) DepllrIn'lefIt d lOnIn8 _1.8nd Dewtlopment Review 2800 NofIh HoI.... Drive ...... Fklrida ,.104 ==01(239) 21s.z918 FAX Fax ~ Fa.: 'l( - <t> 4~ 8 ........ - Collier County Government Department of Zoning and Land Development Review FII'OlIN ~ tf- 15- ~ "- ..... ....- CCc oUrgttnt 0 For RftI.w 0 ....... Conunenl 0 ....... Reply [J .eam......... i.. III 001 ,.. 170 RecrcIe Ann P. Jennejohn From: Sent: To: Subject: Ann P. Jennejohn Wednesday, April 14, 20042:40 PM Deruntz, Michael CU-2003-AR-4249, Kenmark Construction I ]FP7n __ ! u: i' ~ _._ ~:':; 1.1 Good Afternoon Michael, I just received a phone call from Mr. Mark Perry of Kenmark Construction, Inc. This is regarding the legal advertisement for the public hearing (BCC 5/25/04 Mtg.) for Kenmark's Petition No. CU-2003-AR-4249. I had sent him a notice of the advertisement and how it would appear in the Naples Daily News. He called to let me know that the proposed text to be advertised is not correct; He stated he (Mark Perry) is the person requesting a Conditional Use, not Julie Hill. He wasn't sure how her name got on the petition, other than she is a "contact" person with Kenmark. Anyway, the notice won't appear in the legal ads until May 9th, so we can certainly send a revised advertisement to the paper; but I needed you to be aware of the situation, and to (more or less) get your approval to change the wording. Since you prepared the petition, I wasn't sure if you wanted to talk to him before we made this change, or if I can just go ahead and take care of that. I'll wait to hear from you. An e-mail response would be fine. Thank you, Ann/ Minutes & Records Ext. 7240 1 RESOLUTION NO. 04- 1-170 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 AND 2.6.33.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition, CU-2003-AR-4249, filed by Julie Hill of Kenmark Contstruction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 153, Golden Gate Estates, Unit No. 27, according to the plat thereo recorded in Plat book 7, Pages 17 - 18, Plublic Records of Collier County, Florida, " '...' I.'. i~,'J,.'.'L.'." ~ :"~ '.' 1. { t-r: NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 25, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2003-AR-4249, Julie Hill, of Kenmark Construction, Inc., requesting a Conditional Use per LDC Section 2.6.33.4.1 to allow for a model home in the "E" Estates zoning district. Property is located at 1010 39th Street Southwest, further described as the north 180 feet of Tract 153, Golden Gate Estates Unit 27, near the southeast corner of pine Ridge Road and Collier Boulevard, in Section 14, Township 49 South, Range 26 east, Collier County, Florida, consisting of 2.7+/- acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts Coiipfy ofC~l,lier CLERK OF THB--CIRCUIT COURT COLLIER COUNTY qaURT4puSE 3301 TAMIAMI T~IL EA'ST P.O. BOX 4fa044 \, NAPLES, FLORIDA ~~,11 0 1-3044 'I \'/' 1 ..' 1_170 Clerk of Courts Accountant Auditor Custodian of C~unty Funds ~ \ I -)-1 /' April 8, 2004 Julie Hill Kenmark Construction, Inc. 1700 Santa Barbara Boulevard Naples, FL 34116 Re: Notice of Public Hearing to Consider Petition CU-2003-AR-4249 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Hay 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Hay 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ o,c. Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us '_170 April 8, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2003-AR-4249 Dear Pam: Please advertise the above referenced notice on Sunday, May 9, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 Ann P. Jennejohn To: Subject: Pam Perrell (E-mail) CU-2004-AR-4249 Hi Pam, Please advertise the attached on Sunday, May 9, 2004. u Thank you, Ann CU-2003-AR-4249. doc ~f;1 L..J CU-2003-AR-4249. doc 1 1_170 Ann P. Jennejohn From: Sent: To: Subject: postmaster@clerk.collier.fl.us Thursday, April 08, 2004 8:47 AM Ann P. Jennejohn Delivery Status Notificat" j.., I~ _ 1 --I"~ n lj r /) .\~~[... ATT987194.txt CU-2004-AR-4249 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com . 1 Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 08, 2004 8:47 AM Ann P. Jennejohn :;(i;l.";~"~'. , r-::~ L:J CU-2004-AR-4249 <<CU-2004-AR-4249>> Your message To: Pam Perrell (E-mail) Subject: CU-2004-AR-4249 Sent: Thul 8 Apr 2004 08:46:44 -0400 was delivered to the following recipient(s): PerrellI Pamela on Thul 8 Apr 2004 08:46:50 -0400 1 I l J: 170 CU - 2004- AR -4249 Ann P. Jennejohn _~liD From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Thursday, April 08, 2004 9:13 AM To: Ann P. Jennejohn :1l..r1JllliiDli..p/:'. . d -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us] Sent: Thursday, April 08, 20048:47 AM To: Pam Perrell (E-mail) Subject: CU-2004-AR-4249 Hi Pam, Please advertise the attached on Sunday, May 9, 2004. Thank you, Ann <<CU-2003-AR-4249.doc>> <<CU -2003-AR-4249. doc>> 4/812004 Page 1 of 1 Naples Daily News Naples, FL 34102 _________________________:~~~~g~~;:~~~:~~~;a:~:~+-----J;:----~-~-[)-- REFERENCE: 001230 58839401 113138312649 CU-2003-AR-4249NOTIC CU.2003.AR-4249 "U&t~J~:'NG Notice Is hereby given that the Board of County Commlhloners of Col- lier County will hold a publiC hearlAg on Tues. day, May 25, 2004, In the. 'Boardroom, 3rd Floor, 'Administration Building, Collier County Govern- ment Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting wlll begin at 9:00 A.M. The Board will consider Petition CU-2003.AR- 4249, Mr. Mark Perry of Kenmark Construction, . Inc.. requesting a Condi- tional Use per lDCSec- tlon 2.6.33.4.1 to allow " for a model home In the .' "E" Estates zoning dls- , . trlct, ProllertY Is locat. , ed at 1010 39th street Southwest, further de. scribed as the north 180 . ~~l~:~:~::~~~!fl' nei' of PIne Rictal! Road and Collier Boulevard, In Section 14, Township 49 South, Range 26 east, . Collier County, Florida,' 'consisting of 2.7+/- , IICres. BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/09 NOTE: All Persons wish- Ing to speak on any ag8nda Item must regls. ter with the County Ad- ,., mlnlstrator friar to .pre- ',sentatlon 0 the agenda ", Item to be addrened. Individual speakers will be limited to 5 minutes on any Item. The selec. tlon of an Individual to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may be allottild 10 min- utes to speak on an ( Item. AD SPACE: . Persons wishing to have written or graphic materials Included in the Board agenda plICk- ets must submit said material a minimum of 3 weeks prior to the reo FILED ON: 05/10/04 '. spectlve publiC hearing. ~:~::~~:-~~-~~~::~:------~-~--------------+----------------------~~~~~~ i staff a minimum of sev- Sworn to and Subscribed before me this /^Z!::5 day of 01 20 ",u .!!!. days prior to the L/a tf 4~ () " Ai .iL.I f~r~~~u~~dlltpr::~:; Personally known by me ^ ,,," . . - Of A l/ <o~. -' ~ () tlons before the Board _/'-'~/_ __.t.~. - ~ will become a perma- , nent part oUIle record. \ Any person who decld-r ~1 ~ a.r=~1 :\I~~~o~1 record of the proceed-' Ings pertaining thereto and tllerefore, may need to ensure that a verbatim record of the proceedings Is made. which record Includes the testimony and evi- dence upon which the appeal Is based. BOARD OF COUNTY COMMISlSONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR- MAN DWIGHT E. BROCK, CLERK By: IslAnn JenneJohn, DepUty Clerk (SEAL) Mav 9 No. 576734 110.000 INCH ...;,~~~:'f~o;'" Harriett Bushong i:~:'Ji.';~;~ MY COMMiSSION # 00234689 EXPIRES '-i.~..~f July 24, 2007 '<(9r: ~~~~,.." BONDED THRU TROY FAIN INSURANCE, INC 17U RESOLUTION NO. 04- 178 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 AND 2.6.33.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an liE" Estates Zone for a model home and sales center on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition, CU-2003-AR-4249, filed by Mark Perry of Kenmark Construction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 153, Golden Gate Estates, Unit No. 27, according to the plat thereto recorded in Plat book 7, Pages 17 - 18, Public Records of Collier County, Florida. Is hereby approved for Conditional Use 9 of Section 2.2.3.3.9 of the Collier County Land Development Code in the liE" Estates Zoning District for a model home and sales center Page 1 of2 170 '1 in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "e" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2004. BOARD OF ZONING APPEALS COLLI COUNTY, FLpRIDA ~~ BY: ATJ~SY:' .I' .~," '.. DW1GIj:[ 'E. BRcYCK, CLERK ""-, \ . , ~', \ (-'--, , , "~".,' . ._#4~.' ~- Q.C2_ A<~ .. ,L.;.-- _ . 'i" " ::, ,:..,.... . ';,' ',:j;:;J lha inaan , pproved as to Form ~ljl4natlJrt 00 1 J. Le 1 Suffi iency: . CU-2003-AR-4249/MD/lo I Item#. !.Z.!2._ i D;;" ~.z(~ , -~dr.t -. o/-~ ?ff6- Page 2 of2 17D .~~ FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. SecUori2 2.2.3 ~3 oftn6LaIiCl IY6veIopmentCooeatithonzes ffie conClffiOnaruse-.--' 2. Granting the conditional uSeWiH not adversely affect the Pu.blic interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No /' B. Ingress and egress to property and proposed structures thereon with particular reference to automotive .and pedestrian safety and convenience, traffic flow and control, and access incase of fire or catastrophe: Adequ.ate ingress & egress Yes /' No C. Affects neighboring properties in :relation to noise, glare, economic or odor effects: 1No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: '5~" -oi J\4..-CHAlRMAN:-4i( ~ # A- EXIDBIT"A" AerlN& efl~/z.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17D ...... 1ti'.'tA '..,i'!~ ~"'.,," ,.- , ~ ,. ,', .:' \ CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ;;/ 4' ) ()~ MEMBER:~ 1.1 N()1 AD!;: L'3, t IEJ'/.. - .A.";lJ........ -=r-a----- .. ...."". flo:.... I II J f L, JI'I I ... I ... --~-1 I ;1 1_:.: (!7:~.Fl ~f~~ P!~#l [~"';l;l 1i:i~.>::J t::l X ::x: H t1:1 H 8 t1:1 ~jJl ~~!f ! = ~::~g~ ;!:Q)r'-C):::j -C)- ~ ..O(o):j ~a~s~ n;:il~CI);: :);<o~!=) O~!!!O .... ~ .. I c:: ....:g"'"ltl, ~ 2 ~.~ I ~~ C') :b ~ :p c:: ~ ~ ~ .... ...., ~ ,,' 39th STREET S. vv. -- ~ I I;'. .f'"" l~?i ~ ,q., H IS / l ~== ~I ' '" I · I ) __~ j , ~i-- L..,___.~..:' --...-----. II I 1.11 ~,. I I \ \ ,- '\ L'---1 'i. , I \ \ \ ~ '11 en '~ .~ I g, ... ~ 0. I ~ J ,0'0111 .:3 .01,51.00 N !(IEOOfk,1J~Rl( tOOOSTAU.6CliOi'll MODe.. HOME CONDrTIONAL use MASlER PLAN N 180' - TRACT' 153 - lNT Xl 6 OOL.OEN Grt.TE ESTATES -... --- -. -"- __. _M..lIIIIW -. ... ---~ .. -. 11. -.......Eo 1 tM .....'......'..... ....... 1\,.,. ........ .... ........ .. .....It.... ...:-. .. ~ ~ .. J ~ .!r. I ~ .. ~ ! f' Ill;!/" e.G~S n,. ,.~~ ; ~. ; , .. I! iI, I ~ A I j; :'1 ~~!I .l I II Ih I bl ~ li! ; ;~I : 1.11. ! I. J I" FINDING OF FACT BY COLLIER.CODNTY PLANNING. COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: c. D. A. Consistency with the Land Developmentlode and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress I Yes No Affects 7 nig boring properties in relation to noise, glare, economic or odor effects; _ No affect or _ Affect mitigated by _ Affect CanIlot be mitigated Compatibility with adjacent properties and other property in the district: DATE: MEMBER: EXHIBIT itA" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17D CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /" No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No DATE: 5/&/t MEMBER: Based on the above findings, this conditional use should, with sti ulations, (copy attached) (should not) be recommended for approval ,. \'1 ~o ~j::~\fft '- 170 f."'*i",,1 FINDING OF FACT BY COLLIER 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 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land De~pment Code and Growth Management Plan: 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 access in case of fire or catastrophe: Adequate ingress & egress / Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: // ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district // Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval MEMBER: ~~ {fa vA (VI, 'of ~) DATE: 5-/0---- cJ L( 170 ... FINDING OF FACT BY COLLIER 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 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress I Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: L No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes // No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~ ~. D 'f MEMBER: \<t.. {~~ 170 FINDING OF FACT BY COLLIER 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 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~'No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /' No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /" No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: -1 ,/0 Lj MEMBER: t}7zA1 I ~ - 39th STR~ET S, W, 'II5II:r-a - - - - -.. ....' ..0, \,00 "'.. ~ .." .~~~ ----~-----~-------~- I' f I In Iii I ~ , I_~ I!r;~;~ ~:::i.<J':J~ Ui'~~ .~ ~;J..";.l...J ~~~tJ tt:l :><: ::x: H tD H 1-3 , tD i J=I ~... .1]..11. nn=--f. a; .1= . = ~.. .~.~. Q.. ~ - .... ,... .... ~. ~~_C)_ ~ - 0 ~:::1 ~ ~ ~ ~ ..~ rii;jttjc/)~ ;;b.<o;19 ~~mg ....g-1tl, ~8Y>C) I ;E a G') . , G') :b ", ::p c:: ~ a; ~ -1 I\) ~ -- "'.. '.r ---~-----~~. ~ m: ,~~ .,1'. L. (I~ i H IS / l ~- !h '. , I ") I __.. .. ~.~.: i I .xa.1 I J : . IIl'!:;.GIIItt~o. :1.1.. 1.1 !?" :., I I., , ,- '\ LJ-1 'i . I \ , , i m ~ ~ J ,O'OIH 3 .0\;&1.00 N [(!Em) 1MJ?l~~ [;fj))i'il$l\>lllDij;lI'il1]i'/l -MODa.. HOME CONDrTIONAL use MASTER PLAN ~. N 1'30' - TRACT 153 -lNT 27 - ~ ~I ^.a.~ ~et'f"A.~ -... ....I!I!NIQ ~..-__~. I ,~ "",,,' ""- ..... .......... 1\JoI.'. ~II""'~,,, en .~ ~ l5, PI .~ .~. 1 -- --"'- .. ''-_11'1_ ........ ..IUI&.-- - --..~ ...- I t I J . . -.... j . I I . ; i ~ ~ i ~ J' I J I . I f ~. I ..... aa MM~....- ~ Nt .. J ~ .It i ~ - ! ., ! rlll~ e ~~e !I !~~ ;~Ii' ~ Il ;l~ ;.~u I ; I_ 41 :~!i .1 ~ allh Ibl !llir i III : [tll II ,.. r:l"'. Conditions for Approval of Conditional Use CU-2003-AR-4249 (May 6, 2004) 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. Should the property owner wish to continue the approved use beyond the two (2) year extension, the property owner shall reapply 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 in 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 Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 91-102) 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the Course of site clearing, excavation, or other construction activities a historical 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. 4. Pursuant to Section 2.6.33.4.1.2 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 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-of-Way permit will be required from the County Department of Transportation. Exhibit "C" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~ J. 17E To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: **~~**~*********~********************~**************~~~~************r'****r************ Ongmatmg Dept/ DIV: Comrn.Dev.Serv./Plannmg Person: Robur-~." Date: 1/ 1?-1C'j Petition No. (If none, give brief description): RZ-2003-AR-4937, Community School of Naples, Inc. Petitioner: (Name & Address): Terrance Kepple, Kepple Engineering, Inc., 3806 Exchange Ave., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office:Community School of Naples, Inc., 13275 Livingston Rd., Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: Mav 25, 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: RZ-2003-AR-4937, Community School of Naples, Inc., represented by Terry Kepple, Kepple Engineering, Inc., requesting a rezone from "A" Rural Agricultural to "CF" Community Facility for the expansion of the school. The property under consideration is contemplated as being used for athletic fields, although the proposed zoning would allow for future school expansion. The property is located on the west side of Livingston Road, approximately 1/2 mile north of Pine Ridge Road., in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: R,:Z:~ ~ f/;tf j;cJ ~epartrnent Head D~te . List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCe or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ - 110 - 0 ~ Date of Public hearing: 81:J... 6 ! 0'-1 Date Advertised: S I q 10 t..J p , . ,:, 17E 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 ATLAS 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 Petition RZ-2003-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 Commissioners of Collier 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 95l2S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN APPROVED AS TO FORM ~~~ENCY Patrick G. WhIte Assistant County Attorney Attachment: Exhibit A-Legal Description Page 1 of 1 Legal Description ~, COMMENCING AT mE soum 1/4 CORNER OF SEC110N 12, TOWNSHIP 49 soum, RANGE 25 EAST, THENCE S89-32'07-E FOR 1385.93' FEET; mENCE RUN NOO"05'54-W FOR 75.00' FEET; mENCE CON11NUE NOO"05,54 -W FOR 2465.42' FEET TO mE POINT Of BEGINNING; mENCE NOO"04'03-W FOR 100.20' FEET; THENCE N00"21"43-W FOR 1232.65' FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF A PUBUC SCHOOL ACCESS DRIVE; mENCE ALONG SAID RIGHT-OF-WAY, RUN S89"26'27-E FOR 216.38' FEET; THENCE ALONG A CURVE CONCAVE TO 'THE SOUTHWEST, HAVING A RADIUS OF 285.00' FEET, A CHORD BEARING OF S66-S6'27-E, A CHORD OF 218.13' FEET, AN ARC OF 223.84', A DELTA OF 45"00'00-; THENCE LEAVING SAID CURVE RUN S44"26'27-E FOR 156.37' . FEET; THENCE ALONG A CURVE CONCA \IE TO mE NORTHEAST, HAVING A RADIUS OF 385.00' FEET. A CHORD BEARING OF S66-S6'27-E. A CHORD OF 294.67' FEET, AN ARC OF 302.38', A DELTA OF 45"00'00-; THENCE LEAVING SAID CUR~ RUN S89"26'27-E FOR 287.29' FEET; 'THENCE LEAVING SAID SOU'THERLY RIGHT-Of-WAY OF PUBUC SCHctn. ACCESS ROAD. RUN SOO-49'52-E FOR 145.22' FEET; THENCE N89'0'OS-E FOR 10.00' FEET; THENCE SOO-49'52-E FOR 879.08' FEET; THENCE N89-33'04-W FOR 1101.95' FEET TO 'THE POIN T OF BEGINNING. I.-lie: RZ-2003-AR-4937 Exhibit A l , 17E April 16, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ-2003-AR-4937 Dear Pam: Please advertise the above referenced notice on Sunday, May 9, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P,O./Account # 113-138312-649110 ~.... ~.' , ,.t 17E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 25, 2004/ in the Boardroom/ 3rd Floor/ Administration Building/ Collier County Government Center/ 3301 East Tamiami Trail/ Naples/ Florida/ the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 ATLAS 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 "All RURAL AGRICULTURAL TO "CFII COMMUNITY FACILITY TO ALLOW FOR THE EXPANSION OF THE EXISTING SCHOOL FACILITIESi PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONSi AND BY PROVIDING AN EFFECTIVE DATE. Petition No. RZ-2003-AR-4937/ Community School of Naples/ Inc./ represented by Terry Kepple/ Kepple Engineering/ Inc,/ requesting a rezone from "All Rural Agricultural to "CFII Community Facility for the expansion of the school. The property under consideration is contemplated as being used for athletic fields/ although the proposed zoning would allow for future school expansion. 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/ Collier County/ Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection, All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman/ a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case/ written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record, r 17E Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk ( SEAL) r- l-E j.-. ( April 16, 2004 Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Ave. Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4937 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004, You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure (' . r 17E ;. j;;, . April 16, 2004 Community School of Naplesr Inc. 13275 Livingston Road Naplesr Florida 34109 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4937 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure .Linda Yl. JIOutzer ~ r " 17E 70: Suo/eet: {ieorgia (I-mail) RZ-2oo3-YlR-4937 ]/1 :Paln, :l%7aye t:ltfi'erllre tlie al!t:lcliet/lwtk'e ()ll 5imdiZIj, .'Mt:l1l_9, 2004. ~ ~ RZ-2003-AR-4937. RZ-2003-AR-4937. doc doc Jflj(}/" li{/ve tlIllf quej'ffl}W~ pft7llfe ('tlfl~/4-8411 - - -' , - ThcOlA:' .v()U, Lt/uta .~1l fllu fey alltljle[(;Jrd.l~ 1 L'inda J:l. :J-/Outzer 1 17E from: Sent: 70: Suo/eet: yostmaster@ekrk.colller:fLus frida}fi J:lyrit./6:. 2004./.I."43..:4JJ1 L'inda J:l. :J-/Outzer Veflvery Status ..NOtfication (Relay) l~ B., / .>~. .<- '~ .. ATT94312.txt RZ-2003-AR-4937 7h-'~f if (Ill i1utmllillict/f/.v /l{7Jlenz/ed2JeflvelY j'/alw' cNot!llcali{Jn. Ymlr 11Z{>.fJ'{.!flf' h~lJ' fj(/f'll .fucceJ:Yj~/lfj rd{~1fedj(J tlzfC/fJl1ZnviJltl re(yj:7iell/)~ bitt llie retfucy/ct/d;dlvenj .J'/atw' notijii:'{zt/m!Y rnt/y not br.J i7Cnatztet/f7.'/f tlie t.t(7J'IinatiflJ!. . 1t~1i1 fJ~'(ii)J1c.!pt;'.rne WJ: [{Jill 1 :'~'r' c(;~ . '. . ,. I . t~ ~ 1 1....,...;t t .Linda A. :HOutzer from: Sent: 70: Suo/eet: System Administrator fPostmaster@nqp/esnews.eomJ frida~ Ayrit./0 2004 ././.'42 AM .Linda A. :HOutzer Veavered: :R.Z-2003-AR-4937 r::::-7I. ' U RZ-2003-AR-4937 <'<RZ-20(~,-jZ:J(-49,/7X'> your me.H'tlffe T{J: (/(c'(l/ffltl (E~mtTil) .fuf!jed: RZ-2oo3-jl:R-4.937 _fen!: ]'17; 16 _?pr 2004/1.'42:2.9 -0400 Wa.f didlveredtc) !h(~/(lflr'nJ'in!1 rec{pifmt(5;J: f(ftfills: {m ]'1'1, ./6' ';1pr 2004 11.'42.74 -040(} 1 RZ-2003-AR-4937 Linda A. Houtzer ~. t Page 1 of 1 17E From: Sent: To: legals [Iegals@naplesnews.com] Friday, April 16, 20042:25 PM Linda A. Houtzer Subject: RE: RZ-2003-AR-4937 OK -----Original Message---n From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk,collierJl.us] Sent: Friday, April 16, 2004 11:42 AM To: Georgia (E-mail) Subject: RZ-2003-AR-4937 ..Jd Pt1In, P(CYl.\'e tldi'ertire Ilie a/tdlliediltJtice on 5'undt(lj, .JWdY /J, 2004- <<RZ -2003-AR-493 7. doc>> < <RZ -2003-AR-4937. doc>> !(lfolllz~lve t1Izy que,rtitJ11"~.J?(etl.fe CiJll>/""".<j",S411 TJitlllk'you, Ljlldl~l .:Afinute.f tllldJ?[a}rtll~ 4/16/2004 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+-- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58843812 RZ-2003-AR-4937NOTIC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/09 AD SPACE: 158.000 INCH FILED ON: 05/10/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - / - - - - - -5 - - - - - - - - - - - - - +-: Signature of Affiant ~_) , U.2003.AR:..m- NOl'IeE OF INTENT TO CONSIDER ORDINANCE NotIce. Is he. rebY gl.ven that ,011 TUESDA"Y. ~.y 25,2*. In the Board. roOdt, 3rd _r. AdmIn. IstretlOfl IUlldlng, Col.' lIer COl9ltv Government' Center~.330! East Tamla. ml Tran. Naples.~ .' florId.. I the loard of County Comml,.s~lo"'fs willi consl", .~mentl Of a C,""tv anee. f1,. me'lItlll CCW.. . "'at... . 1lle title . of the P!'OIlOSetIOr- dllllltlC:e Is .. fonows: A NO R D IN A N C E AMENIMNG ORDINANCE NUMB"R U.U2. THE COLUER COUNTY LAND DEVELOPMENT CODE TINHICH . ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO. RATED AREA OF COLLIER COUNTY!. FLORIDA, BY AMENDING THE OFFI. CIAL ZONING ATLAS MAP NUMBERED 95125 BY CH.\"NGTHl ZQN. INO C T'ON OF THE H '-CIIBED PROP 'LOCATED SOUTH OF THIS PROPER.' TV IN SECTION 12.. ~N HIP 49. 5.U1H....- zrW'l',-- - COU TV. FLOf DA FROM "A" RURAL AGRI: CULTURAL TO "CF" COMMUNITY FACI ITY TO ALLO SION OF 'NO SCHOOL PROVIDING F AND PLANNI MISSION $TIP AND BV PRO EFFECTIVE DA Petition No. ~-AR- 4937~munItY ScIlooI ofNa . s, Inc,., r.....' sent by Terry, KePple.' Kepple ENIIneerlng, Inc,. requ\stlnll ,.,[rezone from A" RilI'IllI'AtrlCUI' tural to "CF"'~mmun. ty Facility for the elC!!'!' slon of tllt~!ihOO,.'llle property lltidet .coWlld. eratlon ISl:!lIttemplated as belllll ..-edtor iathlat. j Ic flellfs al~ghthe I proposed zofflnDWbul. d; allow for fuN... school expansion. The Pl'ClP!'l", I ty II hlca. t ,on the west Ilde of 'Iii ston Roa., QPl'OIlI.. .. v. mile nOl'tf1 Of !! Road. In See 1 . Townlhlp 49South'l' Range 25 East. Collle~ - - County, Flotkla. Sworn to and Subscribed before me this Personally known by me -U 1'1 4-(j 20J2H ";S~V'~~"" Harriett Bushong ;~'7-";&~~ MY COMMISSION # DD234689 EXPIRES ~~:.,JR1k':d July 24, 2007 , "y/:,;~,~':b"~-- BONDEDTHPIJ TROY 'AIN I~SURANCF, ,NC "'~':?f..,,:..,.,~ Cop-IAS of. tml prnJl'd.. Orditlanceare ~ with the Cler.1< to the Board and are,avallable for Il)SI)eCtlon.AlUntei'. esteel i:N!rtIe$ are Invited to attend and be heard. NOTE: All ~efsOn$ wIshing to spe8k on any all8Rd.li IUrn must regiS- ter with the County ad. mlnlstratlJ/' Pl'lor t . sentatlon of the a, Item to be add Indlvl.dual ~e be IlmIt'dto,;5 on any .Item. Tbe tlon of an Indlv 0 speak on .llehlllflln organization or ... . Is encouraged. I recoo. nlzed 'by the Chairman. a IAo~e$person for a grOl,lpor organIzatIon may be allotted 1Q min. utes to speak on an Item. ' .' . wlshlng tollave: wr . or. . graphlcma- te . .frn:lude file Board_nda . s must IUtnI'llt I terlal a minimum,.. 3 weekl prior to the reo spectlve publiC hearing. In.__CUlI,-~ terls In. ncted to bl) co. the IOn shall be su mltted to the approp.rlate County staff a mWllmum"of sev' en days prior to the publll: hearl",. All ma'f terlal used Iri presenta.' tlons before the .'oa~ will become a perma. nent part Of the record. Any pensQn who d8l:ideS[ i to appeal a .declslon of, the Board wllll'leed a reo i c:orc/ of thePl'Oceedlngs! pertaIning Qlereto and therefore. may need to ensure that a verbatlm record of'the proceed. Ings Is made. which reo cord Includes the tel!tl. mony and evIdence upon which the appeal I$~ BOARP OF/COUNTY COMMISSIONIRS ~%~lER ':~OUNTY. QONNAFIA+A. CHAIR- ~CJ10HT E, BROCK. CLERK ,~~~ A. Houtzer. (SEAL) May9 No, 589175 1 {f Date: June 8, 2004 To: Robin Meyer, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004-33 17E '1 Enclosed please find one document as referenced above, Agenda Item #17E, approved by the Board of County Commissioners on Tuesday, May 25, 2004, If you should have any questions, please contact me at 774-8411. Thank you. Enclosure ORDINANCE NO. 04 -33 17E 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 ATLAS MAP NUMBERED 9512S BY CHANGING THE ZONING CLASSIFICA TION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF THIS PROPERTY IN SECTION 12, TOWNSHIP 49 SOUTI!, 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. Commissioners to change the zoning classification of the herein descrihed real property. School of Naples Incorporated, in Petitioo RZ.2003.AR.4937, petitioned lhe BOard of County WHEREAS, Terrance Kepple of Kepple Engineering, In corpnra ted, representing Community County, Florida, that: NOW, THEREFORE, BE IT ORDAINED hy the Bnard of County Commissioners of Collier SECTION ONE: attached hereto and incorporated hy reference herein, and located in Section 12, Township 49 South, The zoning classification of the real property as more particularly descrihed hy Exhihit "A", Collier County Land Development Code is hereby amended accordingly. The herein described real Facility and the OIlicial Zoning Atlas Map numbered 9512S, as described in Ordinance 91-102, lhe Range 25 East, Collier COunly, Florida, is changed from "A" Rural Agricultural to "CF" Community Type D landscape huffer along the Livingston Road frontage within one year of the approval of this property is the same for which the rezone is hereby approved suhject to the property OWners installing a rezone request. SECTION TWO: This Ordinance shall hecome effective upon filing with the Department of State. PASSED AND DULY ADOPTED hy the Board of County Commissioners of Collier Counly, Florida, this ~r#) day of jYJ~ ' 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY rL~ ~ DONN FIALA, CHAIRMAN Patrick G, hi Assistant County Attorney Attachment: Exhibit A-Legal Description Page 1 of 1 -----""".., Legal Description 17E COMMENCING AT niE SOUni 1/4 CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, lliENCE 589'32'07.E FOR 1385.93' FEET; niENCE RUN NOO"05'54.W FOR 75.00' FEET; lliENCE CONTINUE NOO"05'54.W FOR 2465.42' FEET TO niE POINT OF BEGINNING; THENCE NOO"04'03.W FOR 100.20' FEET; niENCE N00"21'4J.W FOR 1232.65' FEET TO A POINT ON niE SOUniERLY RIGHT-OF-WAY Of' A PUBUC SCHOOl ACCESS DRIVE; niENCE ALONG SAID RIG"fT-Of-WAY, RUN S89"26'27.E FOR 216.38' FEET; niENCE ALONG A CURVE CONCAVE TO niE SOUniWEST, HAVING A RADIUS OF 285.00' FEET, A CHORD BEARING OF S66'56'27.E, A CHORD OF 218.13' FEET, AN ARC OF 223.84', A OEL TA OF 4f.5"OQ'OO.; niENCE LEAVING SAID CURVE RUN S.......'26'27.E FOR 156.37' FEET; THENCE ALONG A CURVE CONCAVE TO niE NORniEAST, HAVING A RADIUS OF 385.00' FEET, A CHORD BEARING OF S66'56'27.E, A CHORD OF 294.67' FEET, AN ARC OF 302.38', A OEL TA OF 45"00'00.; niENCE LEAVING SAID CURVE. RUN S89"26'27.E FOR 287.29' FEET; niENCE LEAVING SAID SOUniERL Y RIGHT-Of-WAY OF PUBUC SCH<f}L ACCESS ROAD, RUN SOO'49'52.E FOR 145.22' FEET; lliENCE N89'O'08.E FOR 10.00' FEET; lHENCE 500'49'52.E FOR 879.08' FEET; niENCE N89'33'04.W FOR 1101.95' FEET TO niE POINT OF BEGINNING. RZ-2003-AR-4937 Exhibit A STATE OF FLORIDA) 17E COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-33 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004, \ \ ~ ' iI' t , I , , '". , ,,<' !.1~na. ~"';, DWIGHT E. BROSK r;""~"""" .~~~~": Clerk of cou~t~7a~~~Cler~_\ Ex-officio to ;j3~~d6t; ~ ~ ~ County commis~.:iP~?t:~~J:~::'K~ ];;; ~ . .... ~". ~.,.J,",,,,,!'l ..,,,.~~.',,,,~. ." :.: ~ 10 . A. ~k~5f.ift1....~~ } \ ~ 11. rrv~~~,..... ,~~,./ '.... "(J.~O'a' ~ ,\\" - By: Linda A. HOlit'ze!!''''\\\\ Deputy Clerk ... . 1..17F FAX TO: Pam Perrell Location: Naples Dailv News FAX NO: (239) 263-4703 COMMENTS: ///o/J-i0~~-.--. 7;v~/r FROM: ~~RecordS LOCATION: MINUTES & RECORDS COllIER COUNTY GOVERNMENT COMPLEX FAX NO: (239) 774-8408 PHONE NO: (239) 774-8406 DATE SENT: ..s-, 7 , 2004 TIME SENT: A.M.):Y~ # OF PAGES: d "- (INCLUDING COVER SHEET) 11/ ~ III a: ~ ----1 1II N III .. a: oj 2- ~ /! ~ ~ Z ::J 11/ J 0 u jjj w 0 a: '" 5 :f 1II 0 III a: It -n ; 11/ ~ " ~ N a: ~ ~ 11/ CD N a: ~ ~ 1II z ~~ " 8 ! ~~ N u ~ w ~~ a: ~ ;l - I . i~~ ~ ~ in 1II MeX:i,cO ~ llh 5111 of -" . !!: . GuLf ~i~ ~ ~ 5 ,. .L II ". .L 5 8. .L II .. .L II OS .L II IS .L II illI .L II IS .L i-17F AlNnO:l 01lVM01l8 AlNnO:l 30"'0 ::n ...., ~ I: i I ::J nJ >- a "tJ ~i u .- CI II c. z ~ a III c. W z - III 8 'II U. oJ u -- >- - '" 0 - z a w :J: Z U 0 ~ I-CJ CJO W...l idw :Jt: CI)CI) AlNno:l AllON3H ! It 'Y'S >- f- Z ::J o U >- a: a z w I oi <J r----- .. I 1 I I 'I I.-- I I I l , : u:::.. " : I I 1 ("_. I I I ("-_I :QI , , : K 1_--_-- ~ ~ ! oi <J l(? I j!! ~ I; )..l NnO:J 331 II " N a: j...17F j., May 7, 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Resolution expanding the boundaries of the Immokalee Community Redevelopment Area Dear Pam: Please advertise the above referenced notice and map one time on Friday, May 14, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. The advertisement should be a quarter page ad, and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear, The Map is being faxed to you. Should you have any questions, feel free to contact me at 774-8406. Thank you, Sincerely, Maureen Kenyon, Deputy Clerk P.O./Account # 111-138318-649110 ~ ---1 7 F NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on TUESDAY, MAY 25, 2004, in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commisioners, will hold a public hearing to consider the adoption of the following County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION 2004- A RESOLUTION OF THE BOARD OF COUNTY COLLIE~COUNTY, FLORIDA, FINDING A AND EXPl$rnING THE BOUNDARIES OF THE REDEVELOPMENT AREA. COMMISSIONERS OF BLIGHTED AREA TO EXIST, IMMOKALEE COMMUNITY All interested parties are invited to appear and be heard. Copies of the proposed resolution are available for public inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to May 25, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk ( SEAL) Maureen A. Kenyon To: Subject: ~. 17F PAPERRELL@NAPLESNEWS.COM EXAPNDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA Please acknowledge, advertise and call if any questions. 774-8406 Thanks, This map is same map as previously faxed. If you need it again, give me a call. I will be happy to fax again. '-J Expanding undaries of Immokc '-J Expanding undaries of Immokc 1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS - 17F To: Clerk to the Board: Please place the following as a: xxx Normal legal Advertisement (Display Adv" location, etc,) o Other: ********************************************************************************************************** Originating DeptJ Div: Comm.Dev.Serv./Comp. Planning Person: John-David Moss Date: May 7, 2004 Petition No, (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing date: May 25.2004 Based on advertisement appearing 10 days before hearing, Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size): See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? x Yes 0 No If Yes, what account should be charged for advertising costs: 111-138318 Reviewed by: ~ Approved by: ~ - ~ ~-7-(J'f - Comprehensive Planning Director Date County Manager Date List Attachments: Resolution, Ad Request and Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE O~: Date Received: q h)l Date of Public hearing: S/~O/ Date Advertised: s;f:(~ y ~, ".... ... 17F May 25, 2004 Board of County Commissioners Public Hearing Advertisina Reauirements Please publish the following Advertisement and Map on Fridav. Mav 14.2004 and furnish proof of publication to the Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be a one-quarter (X) page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear, 17F NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesdav. Mav 25. 2004 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: 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. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M, and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 13, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLE;RK By: IslMaureen Kenyon Clerk ( SEAL) -i. A.lNnOO 01lVM01l8 A.lNnOO 30'110 III ., "' :Jt II: ~ J1 C i /!! ::J I 0 ra ~! 11/ "'C "' U .- a U "' lC.. z II: 0 IU ~ lD z lC.. - IU a 'II U. ..I u .- >- - 0:: 0 - z 11/ 0 '" N J: Z "' 0 U .. II: ~ <rl 2 ~(,) 1 >- (,)0 t- J z W...I a 11/ iaw u iii ::::)1:: ~ II: 0:: en en z 0 ::IE A.lNnoO AllON3H III 0 "' ! II: .. u n.n ,----- - It 'W"S I I I I 'I L__ i >- I I t- I ~ I III z : ., ~ ::l " 0 : ' N u ~ >- I I II: a:: ;-_. 0 ~ z . w . ~ r . ! I ;--_. I I :Q III : I ! II L____ ~ I .. N U II: Al NnoO 331 ~ /!! III ~ " j i: ~ ~ z ~~ " a ! Ii!~ N u ~ '" ~~ II: ~ ;L -.1 1'1 ! it III MeXiCO -' ... [ lll~ 6b~ of ~h II: GuLf >'~! o ii~ ~ ~ 5 91' J. S ". J. 5 .. J. 5 lit. .L 5 OS .L 5 IS .L S ali .L S Eli J. 1-17F 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 S 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 Area that are Page 1 of 3 ... -~ 1 { r~ 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. Findina 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 Redevelopment 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 conflict with any Page 2 of 3 ~-"..17E 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 ,2004. day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman Page 3 of 3 i -- l?F EXHIBIT A (Sheet 1 of 2) Existing & Proposed Community Redevelopment Area R28E R29E R30E " " u " 17 " " u " ?1 " " " 22 " en ~ f- " " I 1 " " CR 846 I I en ..... ..... f- ..1'i" " " " -J--- I " ! ,. " " Imfi1oIolIoe Rd " ........ .t, C&ffler County 1:1 Community -"""'-"- Exhibit A 05 '- c:I Propoood Com....-;ty Rode....pm.n' Anto ~ .,.... _.'" be _eel '" Co.......ity Rodewlapmont A.... ~...con.....Q1S~ ...-_.....__c~~CI\A._ ~...oo t 17E ;'i" _ -<" EXHIBIT A (Sheet 2 of 2) Description of the Expanded Areas of the lmmokalee 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, ~..... ." '/{~., ':~, r 17F Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Friday, May 07, 20042:42 PM Maureen A. Kenyon Delivered: EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA r...~~.-:-. ..;;m~..1. ~ EXPANDING THE OUNDARIES OF TH. <<EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA>> Your message To: PAPERRELL@NAPLESNEWS.COM Subject: EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA Sent: Fri, 7 May 2004 14:42:50 -0400 was delivered to the following recipient(s): Perrell, Pamela on Fri, 7 May 2004 14:41:43 -0400 1 r 17F Maureen A. Kenyon From: Sent: To: Subject: postmaster@clerk.collier.fl.us Friday, May 07, 20042:43 PM Maureen A. Kenyon Delivery Status Notification (Relay) \: ,- F:"/..1 . U ATT146612.txt EXPANDING THE OUNDARIES OF TH. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. PAPERRELL@NAPLESNEWS.COM 1 f. 17E Maureen A. Kenyon ^"'r~"^~^_,.~u~mm_,_"~"~~-~"^~~~,,,,,'~~~~'~'m~~~~~-_~~~'~"^"_w,_,,,_~'^~m~____~~~'~_~_"~~~~W"__'_~_' From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, May 07, 2004 3:04 PM To: Maureen A. Kenyon Subject: RE: EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA OK -----Original Message----- From: Maureen A, Kenyon [mailto:Maureen.Kenyon@c1erk.collierJl.us] Sent: Friday, May 07, 20042:43 PM To: PAPERRELL@NAPLESNEWS,COM Subject: EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA Please acknowledge, advertise and call if any questions. 774-8406 Thanks. This map is same map as previously faxed, If you need it again, give me a call. I will be happy to fax again, <<Expanding Boundaries of Immokalee CRA.doc>> <<Expanding boundaries of Immokalee Community Redevelopment Area.doc>> 5/712004 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on May 14th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office ill Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /J v S ( Sign~ture of affiant) Sworn to and subscribed before me This 14th day of May,2004 ,,1f.-.~:'f~;;;.. Harriett Bushong ::~.:"~ 'T:.1 MY COMMISS.ION # DD234689 EXPIRES '"~;;'z''' July 24, 2007 ."".' c;,\:_~:<.!',' 'V'lNDED TH;<U T~CY r,A\N INSURANCE, iN\: 1p1; lU1 r' iI--17F Don Farmer The Farmerfile Don't forget to tip your bartender Inv By CATHY ZO crzollo@naplesr A content history of Cc tic Animal : week with a dependent iJ ing allegati< ment Mike Car: Bartenders often ask customers or their IDs. Now comes an ~ent to Naples in which bar Patrons may want to ask the ~ to see theirs. . I~s the Celebrity Bartenders -raiser from 5 pm. Monday t Bellasera on Ninth Street ~use is the Naples Press schoJarshipl education roject. It .helps aspiring young RESOLUTION NO. 2004 - 17q 17F ,;~ ',1. 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 9 163.355, 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 Area that are Page 1 of 3 17F t. :J,c>.'..<i ,_"".. 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 in 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 ta+ken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Expanded Area. 4 Section 2. FindinQ of Necessitv. 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 Redevelopment 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 conflict with any Page 2 of 3 17F. 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, Severabilitv. 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 ,2004. day of ATTEstt'~~r:O'~. BOARD OF COUNTY COMMISSIONERS D. ~..r>.-'..~.. ':TE.... .~Ff(l.. e~KK"p CI r 'OF COLLIER OUNTY, FLORID~ BY~~R~BY: ,~d~ Attest,;,(j CQ.Gh '.. DONN FIALA Ch . Si91lat"U{11'~1.JG ' airman ~ro~E;if' 't~ form a d legal sufficiency: Patrick . hite r-- Assistant County Attorney litem # -/.?~ ! ~ k;~ -c-~.-.-~~ /' l". L ;.:;;'", '!,'.,., ,.~ . '~_A _-' . :~.- Page 3 of 3 EXHIBIT A (Sheet 1 of 2) 17 F " Existing & Proposed Community Redevelopment Area R 28 E R 29 E R 30 E " " " 14 " " " ,. " " <J) ~ I- 27 , " " r " " , .j CRl6 <J) .... .... " 12 I- 16 " " " " 22 ,. " " 22 " I Immoka.... Rd I " ........ -t. C8ffler County t:1 Community Redevelopment....... Exhibit A O!> '- c:II Propoood Coml11<Jnity R_voIopment_. ~ ~" Areaa1D be Add.d '<<:l Comrnu'lity Rede....lopment Aree ~e,CDD~_CFJf__ ..."........C~___CM...4 .lAK u;I< 1,'-''1 F ~. EXHIBIT 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, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Nonnallegal Advertisement (Display Adv" location, etc,) o Other: J-17G ********************************************************************************************************** Originating DeptJ Div: Comm,Dev.Serv.lComp, Planning Person: John-David Moss Date: May 7, 2004 Petition No, (If none, give brief description): Nt A Petitioner: (Name & Address): NtA Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) NtA Hearing before XXX BCC BZA Other Requested Hearing date: May 25, 2004 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size): See Attached Companion petition(s), if any & proposed hearing date: NtA Does Petition Fee include advertising cost? x Yes 0 No If Yes, what account should be charged for advertising costs: 111-138318 Reviewed by: ~ Approved by: ~ ~ 5"'-7-cJ~ r v Comprehensive Planning Director Date County Manager Date List Attachments: Resolution, Ad Request and Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: Hlegal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE~Y: ~ Date Received: i~;/ Date of Public hearing:.., Y Date Advertised: ~~ y ,~ j I~' G .l ;1 \ May 25, 2004 Board of County Commissioners Public Hearing AdvertisinQ Requirements Please publish the following Advertisement and Map on Fridav. Mav 14. 2004 and furnish proof of publication to the Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement should be a one-quarter (X) page advertisement and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear, J-17G May 7/ 2004 Attn: Pam Naples Daily News 1075 Central Avenue Naples/ Florida 34102 Re: Resolution amending Immokalee Community Redevelopment Plan Dear Pam: Please advertise the above referenced notice and map one time on Friday, May 14, 2004/ and kindly send the Affidavit of Publication/ in duplicate/ together with charges involved/ to this office. The advertisement should be a quarter page ad/ and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The Map is being faxed to you. Should you have any questions/ feel free to contact me at 774-8406. Thank you. Sincerely/ Maureen Kenyon/ Deputy Clerk P.O./Account # 111-138318-649110 i-~,.17G NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesdav Mav 25. 2004 in the County Commissioners Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will hold a public hearing to consider the adoption of the following County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AMEND THE IMMOKAlEE COMMUNITY REDEVELOPMENT PLAN. All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M, and 5:00 P,M., Monday through Friday, Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to April 13, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: IslMaureen Kenyon Clerk (SEAL) ,. 17G NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on TUESDAY, MAY 25, 2004, in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commisioners, will hold a public hearing to consider the adoption of the following County Resolution, The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AMEND THE IMMOKALEE COMMUNITY REDEVELvPMENT PLAN. All interested parties are invited to appear and be heard. Copies of the proposed resolution are available for public inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M" Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to May 25, 2004, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Is/Maureen Kenyon, Deputy Clerk ( SEAL) Maureen A. Kenyon To: Subject: paperrell@naplesnews.com Res. amending the Immokalee Community Redevelopment Plan Please acknowledge, advertise and if any questions, call me at 774-8406. Thanks. Map is being faxed. u Immokalee nmunity Redevelopr u Res. amending nmokalee Commun. 1 J- 176 176 Maureen A. Kenyon From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, May 07, 2004 2:50 PM To: Maureen A. Kenyon Subject: RE: Res. amending the Immokalee Community Redevelopment Plan You just had to make my Friday afternoon complete. God, I love this job! Yes, I got both of them. Pam -----Original Message----- From: Maureen A. Kenyon [mailto:Maureen.Kenyon@c1erk,collierJI.us] Sent: Friday, May 07, 20042:41 PM To: paperrell@naplesnews.com Subject: Res. amending the lmmokalee Community Redevelopment Plan Please acknowledge, advertise and if any questions, call me at 774-8406. Thanks. Map is being faxed. <<Immokalee Community Redevelopment Plan.doc>> <<Res. amending Immokalee Community Revedelopment Plan. doc>> 517/2004 RESOLUTION NO. 2004 . '3.176 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 required 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. Page 1 of 4 Words struck through are deleted, words underlined are added f 176 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. IncorporatinQ 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. FindinQ 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. FindinQ 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 nei~hborhood 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. FindinQ 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. FindinQ 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 set forth with those words struck through being deleted, and those words underlined being added; and hereby authorizes and directs the Community Redevelopment Agency to proceed with their implementation: Section 4.7 Redevelopment Area Goals Provide opportunities for adequate, safe, aRG or affordable housing. Encourage the Page 2 of 4 Words struck through are deleted, words underlined are added j......~. .-' ;: 1/6 f,;.I.:.,..; development of both affordable rental and homeownership through rehabilitation and new construction. 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 proQram 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 programs 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 processing time, specifically includinQ, but not limited to. prOQrams 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. Page 3 of 4 Words struck through are deleted, words underlined are added , l?G ~. This Resolution adopted after motion, second and majority vote this ,2004. day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman Appr I sufficiency: Patrick G. hite Assistant County Attorney Page 4 of 4 Words struck through are deleted. words underlined are added --- . liG Maureen A. Kenyon From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, May 07,20042:40 PM Maureen A. Kenyon Delivered: Res. amending the Immokalee Community Redevelopment Plan r~../I L::J Res. amending the Immokalee Co... <<Res. amending the Immokalee Community Redevelopment Plan>> Your message To: paperrell@naplesnews.com subject: Res. amending the Immokalee Community Redevelopment Plan Sent: Fri, 7 May 2004 14:41:26 -0400 was delivered to the following recipient(s): Perrell, Pamela on Fri, 7 May 2004 14:40:13 -0400 1 t~ ."( 176 Maureen A. Kenyon ....... From: Sent: To: Subject: postmaster@clerk.collier.fl.us Friday, May 07,20042:42 PM Maureen A. Kenyon Delivery Status Notification (Relay) !~ F"71 ~ ATT146538.txt Res. amending the Immokalee Co... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com 1 ~. ~, ,.. - 17G NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B, Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of Public Notice Both. ideas . are. strange ana W-concelVt )oardwalk bridge, which would n aughingstock among those even halfw. )rotectiDg the environment. This is not Di: I Win-win? Only after both'boardwalks art ~~~~ . L ';mIO)1 ltoxfold J RAQ msqu al - qA\. 'spl , ~~~~ The price just went [0 AI;.t ':::; The White House had hoped to hold of 0.1} pm; Doney to fund military operations in Irac tr.M.I~ mtil after the election, but with costs ] ptI8;;U; expected, it sent a request for an 'early i . JO PIl~ billion to Congress this week. lJ1d . SJ The terse, three-page request came v 8[nd, stunned lawmakers: While the funds v ~n broad categories- $16 billion for the. Ar .~the other services, $S billion for covert OJ asked for a free hand to transfer the activities related to Iraq and AfghanistaI JI words, to spend it as he pleases. Congress should be wary of writing a b 'P risky precedent. Traditionally Congre 1 . guarded its constitutionally bestowed COI strings. Bush said he would transfer thE ~--=--r-"emergencY and essential" purposes. But o essential" is an elastic category, and this r the last. I With the $160 billion or so we have 1 ~A~ panother $66 billion next year, the cost of I 'PIJand Afghani$tan could be more than $220 ; ~~~ joffisC~5. 1 Wal'l' Lam Lindl'lev who wal; firer PUBLIC NOTICE as published in said newspaper 1 time in the issue on May 14th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Flolida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office ip Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, /7 ;-/f ( Sigriature of affiant) Sworn to and subscribed before me This 14th day of May,2004 . 7 )./c; jL\ A.-<' flf ~L<JJ!.fr~f (Signature of notary public) V ,,;~~A;\:'ii.iff~ ~ "',...~,., , ~ '1--, . '" -'0~AMISSIO~1 ....""" Harriett Bushong }~~J'K~~:'-\. MY COMMISSION # DD2346B9 EXPIRES *: ~ ,:= July 24, 2007 J'~>-;::r~'~'~\~:~-: :I!RI~ [C""."I ,.,"\:-i :'1~,U~"'IN':'\'. ,'O,i-' 176 "I .- I :. RESOLUTION NO. 2004 - 180 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 required 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. Page 1 of 4 Words struck through are deleted, words underlined are added 176 .j '.il' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. IncorporatinQ 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. FindinQ 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. FindinQ of AdeQuacv 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. FindinQ 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. FindinQ 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 set forth with those words struck through being deleted, and those words underlined being added; and hereby authorizes and directs the Community Redevelopment Agency to proceed with their implementation: Section 4.7 Redevelopment Area Goals Provide opportunities for adequate, safe, aRd or affordable housing. Encourage the Page 2 of 4 Words struck through are deleted, words underlined are added 176 .~. development of both affordable rental and homeownership through rehabilitation and new construction. 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 proQram 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. specifically includinQ. but not limited to. prOQrams 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. Severability. 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. Page 3 of 4 Words struck through are deleted, words underlined are added 17G This Resolution adopted after motion, second and majority vote this ,2004. ATTEST: DWIGHT E. BROCK, Clerk B'i?'PAu ___ - p. Attest as t<L>~ signature oolJ... ' APPro~ to for Patrick. ite Assistant County Attorney day of BOARD OF COUNTY COMMISSIONERS OF COLLIER CO NTY, FLORID! ",.. '---' A J c:::1"~'-. By: v"r-- DO NA FIALA, Chairman ItRPi 11 "#/ t,..~ 1.4t'~--~-L /' :.~,,'~ . ""'j"~',~''''.'''''~'':''''';,l''''.___ Page 4 of 4 Words struck through are deleted, words underlined are added